Illinois General Assembly - Bill Status for HB0218

Replaces everything after the enacting clause. Amends the Criminal Identification Act. Provides that the Department of State Police and the local law enforcement agency shall automatically expunge, on or before January 1 of each year, the law enforcement records of a person convicted of a civil law violation of possessing 30 grams or less of cannabis or drug paraphernalia possessed by the person arrested on the cannabis charge in the Department's or law enforcement agency's possession or control and which contains the final disposition which pertain to the person when arrested for that offense. Amends the Cannabis Control Act. Provides that the possession of 30 grams or less of cannabis is a civil law violation punishable by a maximum fine of $125. Amends the Drug Paraphernalia Control Act. Provides that if a person is convicted of 30 grams or less of cannabis, the penalty for possession of any drug paraphernalia seized during the arrest for that offense shall be a civil law violation punishable by a maximum fine of $125. Provides for distribution of these fines.

Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1. In the amendatory changes to the Cannabis Control Act: (1) provides that the possession of 15 grams or less of cannabis is a civil law violation punishable by a minimum fine of $45 and a maximum fine of $125; (2) deletes the amendatory changes to the first-time probation provision; and (3) creates the offense of unlawful use of cannabis-based product manufacturing equipment. Provides that a person commits the offense when he or she knowingly engages in the possession, procurement, transportation, storage, or delivery of any equipment used in the manufacturing of any cannabis-based product using volatile or explosive gas, including, but not limited to canisters of butane gas, with the intent to manufacture, compound, covert, produce, derive, process, or prepare either directly or indirectly any cannabis-based product. Provides that a violation is a Class 2 felony. In the amendatory changes to the Criminal Identification Act, deletes provision that the law enforcement agency shall allow a person to use the Access and Review process, as established in the Department of State Police, for verifying that his or her law enforcement records eligible under this provision have been expunged; and provides that the law enforcement agency shall provide by rule the process for access, review, and to confirm the automatic expungement by the law enforcement agency issuing the citation. In the distribution of fines for civil law violations of the Cannabis Control Act and the Drug Paraphernalia Control Act, provides that with respect to funds designated for the Department of State Police, the moneys shall be remitted by the circuit court clerk to the State Police within one month after receipt for deposit into the State Police Operations Assistance Fund and with respect to funds designated for the Department of Natural Resources, the Department of Natural Resources shall deposit the moneys into the Conservation Police Operations Assistance Fund. Amends the Juvenile Court Act of 1987 concerning the confidentiality of juvenile court and juvenile law enforcement records. Provides that the confidentiality applies to those records pertaining to civil law violations of the Cannabis Control Act and Drug Paraphernalia Control Act. Amends the Code of Criminal Procedure of 1963. Provides for the admissibility of cannabis into evidence based only on a properly administered field test or opinion testimony of a peace officer based on training and experience. Amends Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle within this State when the person has, within 2 hours thereof, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance of 15 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 25 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance from the unlawful consumption of cannabis (rather than a concentration in any amount). Provides that when a person is charged with driving under the influence his or her bodily substance may be tested for the presence of alcohol or drugs. Provides Department of State Police compliance with the changes in this amendatory Act of the 99th General Assembly concerning testing of other bodily substances and tetrahydrocannabinol concentration by Department of State Police laboratories is subject to appropriation and until the Department of State Police adopt standards and completion validation. Any laboratories that test for the presence of cannabis or other drugs under this Article, the Snowmobile Registration and Safety Act, or the Boat Registration and Safety Act must comply with specified testing standards. Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that if a person was convicted of a felony under the Cannabis Control Act or a similar provision of a local ordinance or of a law of another jurisdiction, and the action warranting that felony is no longer considered a felony after the effective date of the amendatory Act, that person shall be eligible to receive a registry identification card. Amends various other Acts to make conforming changes.

Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1. In the amendatory changes to the Cannabis Control Act: (1) provides that the possession of 15 grams or less of cannabis is a civil law violation punishable by a minimum fine of $55 and a maximum fine of $125; (2) deletes the amendatory changes to the first-time probation provision; and (3) creates the offense of unlawful use of cannabis-based product manufacturing equipment. Provides that a person commits the offense when he or she knowingly engages in the possession, procurement, transportation, storage, or delivery of any equipment used in the manufacturing of any cannabis-based product using volatile or explosive gas, including, but not limited to canisters of butane gas, with the intent to manufacture, compound, covert, produce, derive, process, or prepare either directly or indirectly any cannabis-based product. Provides that a violation is a Class 2 felony. Provides that the provisions of any ordinance enacted by any municipality or unit of local government which imposes a fine upon cannabis other than as defined in the Cannabis Control Act are not invalidated or affected by this Act. In the amendatory changes to the Criminal Identification Act, deletes provision that the law enforcement agency shall allow a person to use the Access and Review process, as established in the Department of State Police, for verifying that his or her law enforcement records eligible under this provision have been expunged; and provides that the law enforcement agency shall provide by rule the process for access, review, and to confirm the automatic expungement by the law enforcement agency issuing the citation. In the distribution of fines for civil law violations of the Cannabis Control Act and the Drug Paraphernalia Control Act, provides that with respect to funds designated for the Department of State Police, the moneys shall be remitted by the circuit court clerk to the State Police within one month after receipt for deposit into the State Police Operations Assistance Fund and with respect to funds designated for the Department of Natural Resources, the Department of Natural Resources shall deposit the moneys into the Conservation Police Operations Assistance Fund. Amends the Juvenile Court Act of 1987 concerning the confidentiality of juvenile court and juvenile law enforcement records. Provides that the confidentiality applies to those records pertaining to civil law violations of the Cannabis Control Act and Drug Paraphernalia Control Act. Amends the Code of Criminal Procedure of 1963. Provides for the admissibility of cannabis into evidence based only on a properly administered field test or opinion testimony of a peace officer based on training and experience. Amends Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle, snowmobile, or watercraft within this State when the person has, within 2 hours thereof, a tetrahydrocannabinol (THC) concentration in the person's whole blood or other bodily substance of 15 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 25 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance from the unlawful consumption of cannabis (rather than a cannabis THC concentration in any amount). Prohibits a person who is not a CDL holder to accompany or provide instruction, as provided under the Code, to a driver who is a minor and driving a motor vehicle under an instruction permit, while he or she has either 15 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 25 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance (rather than prohibited from supervising a minor if the person has any amount of cannabis in his or blood). Provides that when a person is charged with driving under the influence his or her bodily substance may be tested for the presence of alcohol or drugs. Provides Department of State Police compliance with the changes in this amendatory Act of the 99th General Assembly concerning testing of other bodily substances and tetrahydrocannabinol concentration by Department of State Police laboratories is subject to appropriation and until the Department of State Police adopt standards and completion validation. Any laboratories that test for the presence of cannabis or other drugs under this Article, the Snowmobile Registration and Safety Act, or the Boat Registration and Safety Act must comply with specified testing standards. Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that if a person was convicted of a felony under the Cannabis Control Act or a similar provision of a local ordinance or of a law of another jurisdiction, and the action warranting that felony is no longer considered a felony after the effective date of the amendatory Act, that person shall be eligible to receive a registry identification card. Amends various other Acts to make conforming changes.

×