Rep. Daniel V. Beiser
Filed: 3/27/2014
 
 

 

 

 
09800HB4093ham003LRB098 15651 RLC 57712 a



1
AMENDMENT TO HOUSE BILL 4093




2    AMENDMENT NO. ______. Amend House Bill 4093, AS AMENDED, by 
3replacing everything after the enacting clause with the 
4following:

 
5    "Section 5. The Methamphetamine Control and Community 
6Protection Act is amended  by changing Section 15 as follows:
 
7    (720 ILCS 646/15)
8    Sec. 15. Participation in methamphetamine manufacturing.  
9    (a) Participation in methamphetamine manufacturing.
        
10        (1) It is unlawful to knowingly participate in the 
11    manufacture of methamphetamine with the intent that 
12    methamphetamine or a substance containing methamphetamine 
13    be produced.
        
14        (2) A person who violates paragraph (1) of this 
15    subsection (a) is subject to the following penalties:
            
16            (A) A person who participates in the manufacture of 
 
 
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1        less than 15 grams of methamphetamine or a substance 
2        containing methamphetamine is guilty of a Class 1 
3        felony.
            
4            (B) A person who participates in the manufacture of 
5        15 or more grams but less than 100 grams of 
6        methamphetamine or a substance containing 
7        methamphetamine is guilty of a Class X felony, subject 
8        to a term of imprisonment of not less than 6 years and 
9        not more than 30 years, and subject to a fine not to 
10        exceed $100,000 or the street value of the 
11        methamphetamine manufactured, whichever is greater.
            
12            (C) A person who participates in the manufacture of 
13        100 or more grams but less than 400 grams of 
14        methamphetamine or a substance containing 
15        methamphetamine is guilty of a Class X felony, subject 
16        to a term of imprisonment of not less than 9 years and 
17        not more than 40 years, and subject to a fine not to 
18        exceed $200,000 or the street value of the 
19        methamphetamine manufactured, whichever is greater.
            
20            (D) A person who participates in the manufacture of 
21        400 or more grams but less than 900 grams of 
22        methamphetamine or a substance containing 
23        methamphetamine is guilty of a Class X felony, subject 
24        to a term of imprisonment of not less than 12 years and 
25        not more than 50 years, and subject to a fine not to 
26        exceed $300,000 or the street value of the 
 
 
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1        methamphetamine manufactured, whichever is greater.
            
2            (E) A person who participates in the manufacture of 
3        900 grams or more of methamphetamine or a substance 
4        containing methamphetamine is guilty of a Class X 
5        felony, subject to a term of imprisonment of not less 
6        than 15 years and not more than 60 years, and subject 
7        to a fine not to exceed $400,000 or the street value of 
8        the methamphetamine, whichever is greater.
    
9    (b) Aggravated participation in methamphetamine 
10manufacturing.
        
11        (1) It is unlawful to engage in aggravated 
12    participation in the manufacture of methamphetamine. A 
13    person engages in aggravated participation in the 
14    manufacture of methamphetamine when the person violates 
15    paragraph (1) of subsection (a) and:
            
16            (A) the person knowingly does so in a multi-unit 
17        dwelling;
            
18            (B) the person knowingly does so in a structure or 
19        vehicle where a child under the age of 18, a person 
20        with a disability, or a person 60 years of age or older 
21        who is incapable of adequately providing for his or her 
22        own health and personal care  resides, is present, or is 
23        endangered by the manufacture of methamphetamine;
            
24            (C) the person does so in a structure or vehicle 
25        where a woman the person knows to be pregnant 
26        (including but not limited to the person herself) 
 
 
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1        resides, is present, or is endangered by the 
2        methamphetamine manufacture;
            
3            (D) the person knowingly does so in a structure or 
4        vehicle protected by one or more firearms, explosive 
5        devices, booby traps, alarm systems, surveillance 
6        systems, guard dogs, or dangerous animals;
            
7            (E) the methamphetamine manufacturing in which the 
8        person participates is a contributing cause of the 
9        death, serious bodily injury, disability, or 
10        disfigurement of another person, including but not 
11        limited to an emergency service provider;
            
12            (F) the methamphetamine manufacturing in which the 
13        person participates is a contributing cause of a fire 
14        or explosion that damages property belonging to 
15        another person;

16            (G) the person knowingly organizes, directs, or 
17        finances the methamphetamine manufacturing or 
18        activities carried out in support of the 
19        methamphetamine manufacturing; or

20            (H)  the methamphetamine manufacturing occurs 
21        within 1,000 feet of a place of worship or parsonage, 
22        or within 1,000 feet of the real property comprising 
23        any school.

24        (2) A person who violates paragraph (1) of this 
25    subsection (b) is subject to the following penalties:
            
26            (A) A person who participates in the manufacture of 
 
 
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1        less than 15 grams of methamphetamine or a substance 
2        containing methamphetamine is guilty of a Class X 
3        felony, subject to a term of imprisonment of not less 
4        than 6 years and not more than 30 years, and subject to 
5        a fine not to exceed $100,000 or the street value of 
6        the methamphetamine, whichever is greater.
            
7            (B) A person who participates in the manufacture of 
8        15 or more grams but less than 100 grams of 
9        methamphetamine or a substance containing 
10        methamphetamine is guilty of a Class X felony, subject 
11        to a term of imprisonment of not less than 9 years and 
12        not more than 40 years, and subject to a fine not to 
13        exceed $200,000 or the street value of the 
14        methamphetamine, whichever is greater.
            
15            (C) A person who participates in the manufacture of 
16        100 or more grams but less than 400 grams of 
17        methamphetamine or a substance containing 
18        methamphetamine is guilty of a Class X felony, subject 
19        to a term of imprisonment of not less than 12 years and 
20        not more than 50 years, and subject to a fine not to 
21        exceed $300,000 or the street value of the 
22        methamphetamine, whichever is greater.
            
23            (D) A person who participates in the manufacture of 
24        400 grams or more of methamphetamine or a substance 
25        containing methamphetamine is guilty of a Class X 
26        felony, subject to a term of imprisonment of not less 
 
 
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1        than 15 years and not more than 60 years, and subject 
2        to a fine not to exceed $400,000 or the street value of 
3        the methamphetamine, whichever is greater.


4(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06; 
595-571, eff. 6-1-08.)".