Illinois General Assembly - Bill Status for SB0562

Creates the Methamphetamine Control and Community Protection Act. Provides that it is unlawful knowingly to engage in the manufacture of methamphetamine or a substance containing methamphetamine. Creates the offense of aggravated manufacture of methamphetamine. Provides that it is unlawful to possess, procure, transport, store, or deliver methamphetamine precursors or a substance containing methamphetamine precursors with the intent that they or it be used to manufacture methamphetamine or a substance containing methamphetamine. Provides that it is unlawful to engage in the possession, procurement, transportation, storage, or delivery of anhydrous ammonia with the intent that it be used to manufacture methamphetamine. Creates the offense of aggravated possession, procurement, transportation, storage, or delivery of anhydrous ammonia with the intent that it be used to manufacture methamphetamine. Provides that it is unlawful knowingly to possess methamphetamine or a substance containing methamphetamine. Provides that it is unlawful to dispose of methamphetamine manufacturing waste. Provides that it is unlawful knowingly to deliver or possess with intent to deliver methamphetamine or a substance containing methamphetamine. Provides that it is unlawful to possess, procure, transport, store, or deliver anhydrous ammonia in an unauthorized container. Amends the Criminal Code of 1961. Repeals the provision prohibiting tampering with anhydrous ammonia equipment, containers, and facilities. Amends the Illinois Controlled Substances Act. Eliminates from the Act provisions relating to the illegal manufacture, delivery, and possession of methamphetamine and relating to the possession of methamphetamine manufacturing chemicals. Effective 30 days after becoming law.

Deletes everything after the enacting clause. Reinserts the provisions of the bill with these changes: (1) changes various definitions and adds various definitions; (2) changes various penalties; (3) permits the court to sentence a person to probation who has not previously been convicted of or placed on court supervision for an offense under the Methamphetamine Control and Community Protection Act, the Illinois Controlled Substances Act, or the Cannabis Control Act, or the laws of the United States or another state relating to cannabis or controlled substances if the person has been found guilty or pleads guilty to possession of less than 15 grams of methamphetamine; (4) provides for the imposition of additional fines; (5) establishes assessments for various violations of the Act; (6) provides for forfeiture of methamphetamine, methamphetamine manufacturing materials, conveyances used or intended for use in the transportation, sale, receipt, possession, or concealment of the illegal methamphetamine and methamphetamine manufacturing materials, all money, things of value, books, records, and research products and materials including formulas, microfilm, tapes, and data which are used, or intended for use in a felony violation of the Act; and forfeiture of everything of value furnished or intended to be furnished by any person in exchange for a substance in violation of the Act, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, securities, and real property used, or intended to be used, to commit or facilitate any felony violation of the Act or that are proceeds of any violation; and (7) amends numerous Acts to make conforming changes. Effective 30 days after becoming law.

In the Methamphetamine Control and Community Protection Act, defines "finished methamphetamine" as methamphetamine in a form commonly used for personal consumption. Exempts from the definition of methamphetamine (MDMA) or any other scheduled substance with a separate listing under the Illinois Controlled Substances Act. Provides that the methamphetamine restitution provisions include paying regular and overtime costs incurred by local law enforcement agencies and private contractors paid by the public agencies in securing a methamphetamine manufacturing site. Establishes priorities for the disbursement of methamphetamine restitution payments. In the amendatory changes to the Unified Code of Corrections, provides that a person convicted of a second or subsequent violation of the Methamphetamine Control and Community Protection Act may not receive a period of probation, a term of periodic imprisonment or conditional discharge. Makes other technical changes.

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