Full Text of SB1615 101st General Assembly
SB1615 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1615 Introduced 2/15/2019, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: |
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Amends the State Finance Act. Creates the Justice Reinvestment Fund in the State treasury. Amends the Criminal Code of 2012. Increases the threshold amounts of value of the property involved that enhances a misdemeanor to a felony or to a greater felony to exceeding $2,500 for theft, retail theft, deceptive practices, criminal damage to property, and criminal defacement of property. Amends the Cannabis Control Act. Provides that the knowing possession of more 10 grams of any substance containing cannabis is a Class A misdemeanor, Amends the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that the knowing possession of these substances, other than anabolic steroids, is a Class A misdemeanor. Amends the Unified Code of Corrections. Provides for the adjustment of sentences as misdemeanors if before the effective date of the amendatory Act these offenses were classified as felonies. Establishes procedures in which an offender sentenced as a felon for these offenses may petition to have his or her sentence reclassified as a misdemeanor. Provides that on or before July 31, 2020, and on or before July 31 of each fiscal year thereafter, the Illinois Sentencing Policy Advisory Council shall calculate the savings that accrued to the State during the fiscal year ending June 30, 2020, as compared to the fiscal year preceding the enactment of this amendatory Act, due to the re-classification of felony offenses as misdemeanors. Provides that on or before August 31, 2020, and before August 31 of each fiscal year thereafter, the Comptroller shall transfer from the General Fund to the Justice Reinvestment Fund 85% of the total savings calculated minus any necessary deductions. Makes other changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Finance Act is amended by adding | 5 | | Section 5.891 as follows: | 6 | | (30 ILCS 105/5.891 new) | 7 | | Sec. 5.891. The Justice Reinvestment Fund. | 8 | | Section 10. The Criminal Code of 2012 is amended by | 9 | | changing Sections 16-1, 16-25, 17-1, 21-1, and 21-1.3 as | 10 | | follows:
| 11 | | (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
| 12 | | Sec. 16-1. Theft.
| 13 | | (a) A person commits theft when he or she knowingly:
| 14 | | (1) Obtains or exerts unauthorized control over | 15 | | property of the
owner; or
| 16 | | (2) Obtains by deception control over property of the | 17 | | owner; or
| 18 | | (3) Obtains by threat control over property of the | 19 | | owner; or
| 20 | | (4) Obtains control over stolen property knowing the | 21 | | property to
have been stolen or under such circumstances as |
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| 1 | | would
reasonably induce him or her to believe that the | 2 | | property was stolen; or
| 3 | | (5) Obtains or exerts control over property in the | 4 | | custody of any law
enforcement agency which any law | 5 | | enforcement officer or any individual acting in behalf of a | 6 | | law enforcement agency explicitly represents to the person | 7 | | as being stolen or represents to the person such | 8 | | circumstances as would reasonably induce the person to | 9 | | believe that the property was stolen, and
| 10 | | (A) Intends to deprive the owner permanently of the | 11 | | use or
benefit of the property; or
| 12 | | (B) Knowingly uses, conceals or abandons the | 13 | | property in such
manner as to deprive the owner | 14 | | permanently of such use or benefit; or
| 15 | | (C) Uses, conceals, or abandons the property | 16 | | knowing such use,
concealment or abandonment probably | 17 | | will deprive the owner permanently
of such use or | 18 | | benefit.
| 19 | | (b) Sentence.
| 20 | | (1) Theft of property not from the person and
not | 21 | | exceeding $2,500 $500 in value is a Class A misdemeanor.
| 22 | | (1.1) (Blank). Theft of property not from the person | 23 | | and
not exceeding $500 in value is a Class 4 felony if the | 24 | | theft was committed in a
school or place of worship or if | 25 | | the theft was of governmental property.
| 26 | | (2) (Blank). A person who has been convicted of theft |
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| 1 | | of property not from the
person and not exceeding
$500 in | 2 | | value who has been
previously convicted of any type of | 3 | | theft, robbery, armed robbery,
burglary, residential | 4 | | burglary, possession of burglary tools, home
invasion, | 5 | | forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | 6 | | 4-103.3
of the Illinois Vehicle Code relating to the | 7 | | possession of a stolen or
converted motor vehicle, or a | 8 | | violation of Section 17-36 of the Criminal Code of 1961 or | 9 | | the Criminal Code of 2012, or Section 8 of the Illinois | 10 | | Credit
Card and Debit Card Act is guilty of a Class 4 | 11 | | felony.
| 12 | | (3) (Blank).
| 13 | | (4) Theft of property from the person not exceeding | 14 | | $2,500 $500 in value , or
theft of
property exceeding $500 | 15 | | and not exceeding $10,000 in value, is a
Class 3 felony.
| 16 | | (4.1) (Blank). Theft of property from the person not | 17 | | exceeding $500 in value, or
theft of property exceeding | 18 | | $500 and not exceeding $10,000 in value, is a Class
2 | 19 | | felony if the theft was committed in a school or place of | 20 | | worship or if the theft was of governmental property.
| 21 | | (5) Theft of property exceeding $10,000 and not | 22 | | exceeding
$100,000 in value is a Class 2 felony.
| 23 | | (5.1) (Blank). Theft of property exceeding $10,000 and | 24 | | not exceeding $100,000 in
value is a Class 1 felony
if the | 25 | | theft was committed in a school or place of worship or if | 26 | | the theft was of governmental property.
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| 1 | | (6) Theft of property exceeding $100,000 and not | 2 | | exceeding $500,000 in
value is a Class 1 felony.
| 3 | | (6.1) (Blank). Theft of property exceeding $100,000 in | 4 | | value is a Class X felony
if the theft was committed in a | 5 | | school or place of worship or if the theft was of | 6 | | governmental property.
| 7 | | (6.2) Theft of property exceeding $500,000 and not | 8 | | exceeding $1,000,000 in value is a Class 1
| 9 | | non-probationable
felony.
| 10 | | (6.3) Theft of property exceeding $1,000,000 in value | 11 | | is a Class X felony.
| 12 | | (7) Theft by deception, as described by paragraph (2) | 13 | | of
subsection (a) of
this Section, in which the offender | 14 | | obtained money or property valued at
$5,000 or more from a | 15 | | victim 60 years of age or older is a Class 2 felony.
| 16 | | (8) Theft by deception, as described by paragraph (2) | 17 | | of
subsection (a) of
this Section, in which the offender | 18 | | falsely poses as a landlord or agent or employee of the | 19 | | landlord and obtains a rent payment or a security deposit | 20 | | from a tenant is a Class 3 felony if the rent payment or | 21 | | security deposit obtained does not exceed $500. | 22 | | (9) Theft by deception, as described by paragraph (2) | 23 | | of
subsection (a) of
this Section, in which the offender | 24 | | falsely poses as a landlord or agent or employee of the | 25 | | landlord and obtains a rent payment or a security deposit | 26 | | from a tenant is a Class 2 felony if the rent payment or |
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| 1 | | security deposit obtained exceeds $500 and does not exceed | 2 | | $10,000. | 3 | | (10) Theft by deception, as described by paragraph (2) | 4 | | of
subsection (a) of
this Section, in which the offender | 5 | | falsely poses as a landlord or agent or employee of the | 6 | | landlord and obtains a rent payment or a security deposit | 7 | | from a tenant is a Class 1 felony if the rent payment or | 8 | | security deposit obtained exceeds $10,000 and does not | 9 | | exceed $100,000. | 10 | | (11) Theft by deception, as described by paragraph (2) | 11 | | of
subsection (a) of
this Section, in which the offender | 12 | | falsely poses as a landlord or agent or employee of the | 13 | | landlord and obtains a rent payment or a security deposit | 14 | | from a tenant is a Class X felony if the rent payment or | 15 | | security deposit obtained exceeds $100,000. | 16 | | (c) When a charge of theft of property exceeding a | 17 | | specified value
is brought, the value of the property involved | 18 | | is an element of the offense
to be resolved by the trier of | 19 | | fact as either exceeding or not exceeding
the specified value.
| 20 | | (d) Theft by lessee; permissive inference. The trier of | 21 | | fact may infer evidence that a person intends to deprive the | 22 | | owner permanently of the use or benefit of the property (1) if | 23 | | a
lessee of the personal property of another fails to return it | 24 | | to the
owner within 10 days after written demand from the owner | 25 | | for its
return or (2) if a lessee of the personal property of | 26 | | another fails to return
it to the owner within 24 hours after |
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| 1 | | written demand from the owner for its
return and the lessee had | 2 | | presented identification to the owner that contained
a | 3 | | materially fictitious name, address, or telephone number. A | 4 | | notice in
writing, given after the expiration of the leasing | 5 | | agreement, addressed and
mailed, by registered mail, to the | 6 | | lessee at the address given by him and shown
on the leasing | 7 | | agreement shall constitute proper demand. | 8 | | (e) Permissive inference; evidence of intent that a person | 9 | | obtains by deception control over property. The trier of fact | 10 | | may infer that a person
"knowingly obtains by deception control | 11 | | over property of the owner" when he or she
fails to return, | 12 | | within 45 days after written demand from the owner, the
| 13 | | downpayment and any additional payments accepted under a | 14 | | promise, oral or
in writing, to perform services for the owner | 15 | | for consideration of $3,000
or more, and the promisor knowingly | 16 | | without good cause failed to
substantially perform pursuant to | 17 | | the agreement after taking a down payment
of 10% or more of the | 18 | | agreed upon consideration.
This provision shall not apply where | 19 | | the owner initiated the suspension of
performance under the | 20 | | agreement, or where the promisor responds to the
notice within | 21 | | the 45-day notice period. A notice in writing, addressed and
| 22 | | mailed, by registered mail, to the promisor at the last known | 23 | | address of
the promisor, shall constitute proper demand. | 24 | | (f) Offender's interest in the property. | 25 | | (1) It is no defense to a charge of theft of property | 26 | | that the offender
has an interest therein, when the owner |
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| 1 | | also has an interest to which the
offender is not entitled. | 2 | | (2) Where the property involved is that of the | 3 | | offender's spouse, no
prosecution for theft may be | 4 | | maintained unless the parties were not living
together as | 5 | | man and wife and were living in separate abodes at the time | 6 | | of
the alleged theft. | 7 | | (Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; | 8 | | 96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff. | 9 | | 1-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150, | 10 | | eff. 1-25-13.) | 11 | | (720 ILCS 5/16-25) | 12 | | Sec. 16-25. Retail theft. | 13 | | (a) A person commits retail theft when he or she knowingly:
| 14 | | (1) Takes possession of, carries away, transfers or | 15 | | causes to be
carried away or transferred any merchandise | 16 | | displayed, held, stored or
offered for sale in a retail | 17 | | mercantile establishment with the intention
of retaining | 18 | | such merchandise or with the intention of depriving the
| 19 | | merchant permanently of the possession, use or benefit of | 20 | | such
merchandise without paying the full retail value of | 21 | | such merchandise; or
| 22 | | (2) Alters, transfers, or removes any label, price tag, | 23 | | marking,
indicia of value or any other markings which aid | 24 | | in determining value
affixed to any merchandise displayed, | 25 | | held, stored or offered for sale
in a retail mercantile |
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| 1 | | establishment and attempts to purchase such
merchandise at | 2 | | less than the full
retail value with the intention of | 3 | | depriving the merchant of the full
retail value of such | 4 | | merchandise; or
| 5 | | (3) Transfers any merchandise displayed, held, stored | 6 | | or offered for
sale in a retail mercantile establishment | 7 | | from the container in or on
which such merchandise is | 8 | | displayed to any other container with the
intention of | 9 | | depriving the merchant of the full retail value of such
| 10 | | merchandise; or
| 11 | | (4) Under-rings with the intention of depriving the | 12 | | merchant of the
full retail value of the merchandise; or
| 13 | | (5) Removes a shopping cart from the premises of a | 14 | | retail mercantile
establishment without the consent of the | 15 | | merchant given at the time of
such removal with the | 16 | | intention of depriving the merchant permanently of
the | 17 | | possession, use or benefit of such cart; or
| 18 | | (6) Represents to a merchant that he, she, or another | 19 | | is the lawful owner
of property, knowing that such | 20 | | representation is false, and conveys or attempts
to convey | 21 | | that property to a merchant who is the owner of the | 22 | | property in
exchange for money, merchandise credit or other | 23 | | property of the merchant; or
| 24 | | (7) Uses or possesses any theft detection shielding | 25 | | device or theft
detection device remover with the intention | 26 | | of using such device to deprive
the merchant permanently of |
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| 1 | | the possession, use or benefit of any
merchandise | 2 | | displayed, held, stored or offered for sale in a retail
| 3 | | mercantile establishment without paying the full retail | 4 | | value of such
merchandise; or
| 5 | | (8) Obtains or exerts unauthorized control over | 6 | | property of the owner
and thereby intends to deprive the | 7 | | owner permanently of the use or benefit
of the property | 8 | | when a lessee of the personal property of another fails to
| 9 | | return it to the owner, or if the lessee fails to pay the | 10 | | full retail value
of such property to the lessor in | 11 | | satisfaction of any contractual provision
requiring such, | 12 | | within 10 days after written demand from the owner for its
| 13 | | return. A notice in writing, given after the expiration of | 14 | | the leasing
agreement, by registered mail, to the lessee at | 15 | | the address given by the
lessee and shown on the leasing | 16 | | agreement shall constitute proper demand. | 17 | | (b) Theft by emergency exit. A person commits theft by | 18 | | emergency exit when he or she commits a retail theft as defined | 19 | | in subdivisions (a)(1) through (a)(8) of this Section and to | 20 | | facilitate the theft he or she leaves the retail mercantile | 21 | | establishment by use of a designated emergency exit. | 22 | | (c) Permissive inference. If any person:
| 23 | | (1) conceals upon his or her person or among his or her | 24 | | belongings unpurchased
merchandise displayed, held, stored | 25 | | or offered for sale in a retail
mercantile establishment; | 26 | | and
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| 1 | | (2) removes that merchandise beyond the last known | 2 | | station for
receiving payments for that merchandise in that | 3 | | retail mercantile
establishment, | 4 | | then the trier of fact may infer that the person possessed, | 5 | | carried
away or transferred such merchandise with the intention | 6 | | of retaining it
or with the intention of depriving the merchant | 7 | | permanently of the
possession, use or benefit of such | 8 | | merchandise without paying the full
retail value of such | 9 | | merchandise. | 10 | | To "conceal" merchandise means that, although there may be | 11 | | some notice of its presence, that merchandise is not visible | 12 | | through ordinary observation. | 13 | | (d) Venue. Multiple thefts committed by the same person as | 14 | | part of a continuing course of conduct in different | 15 | | jurisdictions that have been aggregated in one jurisdiction may | 16 | | be prosecuted in any jurisdiction in which one or more of the | 17 | | thefts occurred. | 18 | | (e) For the purposes of this Section, "theft detection | 19 | | shielding device" means any laminated or coated bag or device | 20 | | designed and intended to shield merchandise from detection by | 21 | | an electronic or magnetic theft alarm sensor. | 22 | | (f) Sentence. | 23 | | (1) A violation of any of the subdivisions (a)(1) | 24 | | through (a)(6) and (a)(8) of this Section, the full retail
| 25 | | value of which does not exceed $2,500 $300 for property | 26 | | other than motor fuel or $150 for motor fuel , is a Class A |
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| 1 | | misdemeanor. A violation of subdivision (a)(7) of this | 2 | | Section is a Class A misdemeanor for a first offense and a | 3 | | Class 4 felony for a second or subsequent offense. Theft by | 4 | | emergency exit of property, the full retail
value of which | 5 | | does not exceed $300, is a Class 4 felony.
| 6 | | (2) (Blank). A person who has been convicted of retail | 7 | | theft of property under any of subdivisions (a)(1) through | 8 | | (a)(6) and (a)(8) of this Section, the
full retail value of | 9 | | which does not exceed $300 for property other than motor | 10 | | fuel or $150 for motor fuel, and who has been
previously | 11 | | convicted of any type of theft, robbery, armed robbery,
| 12 | | burglary, residential burglary, possession of burglary | 13 | | tools, home
invasion, unlawful use of a credit card, or | 14 | | forgery is guilty of a Class 4 felony. A person who has | 15 | | been convicted of theft by emergency exit of property, the
| 16 | | full retail value of which does not exceed $300, and who | 17 | | has been
previously convicted of any type of theft, | 18 | | robbery, armed robbery,
burglary, residential burglary, | 19 | | possession of burglary tools, home
invasion, unlawful use | 20 | | of a credit card, or forgery is guilty of a Class 3 felony.
| 21 | | (3) Any retail theft of property under any of | 22 | | subdivisions (a)(1) through (a)(6) and (a)(8) of this | 23 | | Section, the full retail value of
which exceeds $2,500 $300 | 24 | | for property other than motor fuel or $150 for motor fuel | 25 | | in a single transaction, or in separate transactions | 26 | | committed by the same person as part of a continuing course |
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| 1 | | of conduct from one or more mercantile establishments over | 2 | | a period of one year, is a Class 3 felony.
Theft by | 3 | | emergency exit of property, the full retail value of
which | 4 | | exceeds $300 in a single transaction, or in separate | 5 | | transactions committed by the same person as part of a | 6 | | continuing course of conduct from one or more mercantile | 7 | | establishments over a period of one year, is a Class 2 | 8 | | felony. When a charge of retail theft of property or theft | 9 | | by emergency exit of property , the full value of which
| 10 | | exceeds $2,500 $300 , is brought, the value of the property | 11 | | involved is an element
of the offense to be resolved by the | 12 | | trier of fact as either exceeding or
not exceeding $2,500 | 13 | | $300 .
| 14 | | (Source: P.A. 97-597, eff. 1-1-12.) | 15 | | (720 ILCS 5/17-1) (from Ch. 38, par. 17-1) | 16 | | Sec. 17-1. Deceptive practices.
| 17 | | (A) General deception. | 18 | | A person commits a deceptive practice when,
with intent to | 19 | | defraud, the person does any of the following: | 20 | | (1) He or she knowingly causes another, by deception or | 21 | | threat,
to execute
a document disposing of property or a | 22 | | document by which a pecuniary obligation
is incurred. | 23 | | (2) Being an officer, manager or other person | 24 | | participating in the
direction of a financial institution, |
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| 1 | | he or she knowingly receives or
permits the receipt of a | 2 | | deposit or other investment, knowing that the
institution | 3 | | is insolvent. | 4 | | (3) He or she knowingly makes a false or
deceptive | 5 | | statement addressed to the public for the purpose of | 6 | | promoting
the sale of property or services. | 7 | | (B) Bad checks. | 8 | | A person commits a deceptive practice when: | 9 | | (1) With intent to obtain control over property or to | 10 | | pay for
property, labor or services of another, or in | 11 | | satisfaction of an obligation
for payment of tax under the | 12 | | Retailers' Occupation Tax Act or any other tax
due to the | 13 | | State of Illinois, he or she issues or delivers a check or
| 14 | | other order upon a real or fictitious depository for the | 15 | | payment of money,
knowing that it will not be paid by the | 16 | | depository. The trier of fact may infer that the defendant | 17 | | knows that the check or other order will not be paid by the | 18 | | depository and that the defendant has acted with intent to | 19 | | defraud when the defendant fails to have
sufficient funds | 20 | | or credit with the depository when the check or other order
| 21 | | is issued or delivered, or when such check or other order | 22 | | is presented for
payment and dishonored on each of 2 | 23 | | occasions at least 7 days apart. In this
paragraph (B)(1), | 24 | | "property" includes rental property (real or personal). | 25 | | (2) He or she issues or delivers a check or other order |
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| 1 | | upon a real
or fictitious depository in an amount exceeding | 2 | | $150 in payment of an amount
owed on any credit transaction | 3 | | for property, labor or services, or in
payment of the | 4 | | entire amount owed on any credit transaction for property,
| 5 | | labor or services, knowing that it will not be paid by the | 6 | | depository, and
thereafter fails to provide funds or credit | 7 | | with the depository in the face
amount of the check or | 8 | | order within 7 days of receiving actual
notice from the | 9 | | depository or payee of the dishonor of the check or order.
| 10 | | (C) Bank-related fraud. | 11 | | (1) False statement. | 12 | | A person commits false statement bank fraud if he or she, | 13 | | with intent to defraud, makes or causes to be
made any false | 14 | | statement in writing in order to obtain an account with
a bank | 15 | | or other financial institution, or to obtain credit from a bank | 16 | | or
other financial institution, or to obtain services from a | 17 | | currency exchange, knowing such writing to be false, and with
| 18 | | the intent that it be relied upon. | 19 | | For purposes of this subsection (C), a false statement | 20 | | means any false
statement representing identity, address, or | 21 | | employment, or the identity,
address, or employment of any | 22 | | person, firm, or corporation. | 23 | | (2) Possession of stolen or fraudulently obtained checks. | 24 | | A person commits possession of stolen or fraudulently | 25 | | obtained checks when he or she possesses, with the intent to |
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| 1 | | obtain access to
funds of another person held in a real or | 2 | | fictitious deposit account at a
financial institution, makes a | 3 | | false statement or a misrepresentation to the
financial | 4 | | institution, or possesses, transfers, negotiates, or presents | 5 | | for
payment a check, draft, or other item purported to direct | 6 | | the financial
institution to withdraw or pay funds out of the | 7 | | account holder's deposit
account with knowledge that such | 8 | | possession, transfer, negotiation, or
presentment is not | 9 | | authorized by the account holder or the issuing financial
| 10 | | institution. A person shall be deemed to have been
authorized | 11 | | to possess, transfer, negotiate, or present for payment such | 12 | | item
if the person was otherwise entitled by law to withdraw or | 13 | | recover funds
from the account in question and followed the | 14 | | requisite procedures under
the law. If the account holder, upon | 15 | | discovery of the
withdrawal or payment, claims that the | 16 | | withdrawal or payment was not
authorized, the financial | 17 | | institution may require the account holder to
submit an | 18 | | affidavit to that effect on a form satisfactory to the | 19 | | financial
institution before the financial institution may be | 20 | | required to credit the
account in an amount equal to the amount | 21 | | or amounts that were withdrawn
or paid without authorization. | 22 | | (3) Possession of implements of check fraud. | 23 | | A person commits possession of implements of check fraud | 24 | | when he or she possesses, with the intent to defraud and | 25 | | without the
authority of the account holder or financial | 26 | | institution, any check
imprinter, signature imprinter, or |
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| 1 | | "certified" stamp. | 2 | | (D) Sentence. | 3 | | (1) The commission of a deceptive practice in violation | 4 | | of this Section, except as otherwise provided by this | 5 | | subsection (D), is a Class A misdemeanor. | 6 | | (2) For purposes of paragraphs (A)(1) and (B)(1): | 7 | | (a) The commission of a deceptive practice in | 8 | | violation of paragraph (A)(1) or (B)(1), when the value | 9 | | of the property so obtained, in a single transaction or | 10 | | in separate transactions within a 90-day period, | 11 | | exceeds $2,500 $150 , is a Class 4 felony. In the case | 12 | | of a prosecution for separate transactions totaling | 13 | | more than $2,500 $150 within a 90-day period, those | 14 | | separate transactions shall be alleged in a single | 15 | | charge and prosecuted in a single prosecution. | 16 | | (b) (Blank). The commission of a deceptive | 17 | | practice in violation of paragraph (B)(1) a second or | 18 | | subsequent time is a Class 4 felony. | 19 | | (3) (Blank). For purposes of paragraph (C)(2), a person | 20 | | who, within any 12-month period, violates paragraph (C)(2) | 21 | | with respect to 3 or more checks or orders for the payment | 22 | | of money at the same time or consecutively, each the | 23 | | property of a different account holder or financial | 24 | | institution, is guilty of a Class 4 felony. | 25 | | (4) (Blank). For purposes of paragraph (C)(3), a person |
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| 1 | | who within any 12-month period violates paragraph (C)(3) as | 2 | | to possession of 3 or more such devices at the same time or | 3 | | consecutively is guilty of a Class 4 felony. | 4 | | (E) Civil liability. A person who issues a check or order | 5 | | to a payee in violation of paragraph (B)(1) and who fails to | 6 | | pay the amount of the check or order to the payee within 30 | 7 | | days following either delivery and acceptance by the addressee | 8 | | of a written demand both by certified mail and by first class | 9 | | mail to the person's last known address or attempted delivery | 10 | | of a written demand sent both by certified mail and by first | 11 | | class mail to the person's last known address and the demand by | 12 | | certified mail is returned to the sender with a notation that | 13 | | delivery was refused or unclaimed shall be liable to the payee | 14 | | or a person subrogated to the rights of the payee for, in | 15 | | addition to the amount owing upon such check or order, damages | 16 | | of treble the amount so owing, but in no case less than $100 | 17 | | nor more than $1,500, plus attorney's fees and court costs. An | 18 | | action under this subsection (E) may be brought in small claims | 19 | | court or in any other appropriate court. As part of the written | 20 | | demand required by this subsection (E), the plaintiff shall | 21 | | provide written notice to the defendant of the fact that prior | 22 | | to the hearing of any action under this subsection (E), the | 23 | | defendant may tender to the plaintiff and the plaintiff shall | 24 | | accept, as satisfaction of the claim, an amount of money equal | 25 | | to the sum of the amount of the check and the incurred court |
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| 1 | | costs, including the cost of service of process, and attorney's | 2 | | fees. | 3 | | (Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11 .) | 4 | | (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
| 5 | | Sec. 21-1. Criminal damage to property.
| 6 | | (a) A person commits criminal damage to property when he or | 7 | | she:
| 8 | | (1) knowingly damages any property of another;
| 9 | | (2) recklessly by means of fire or explosive damages | 10 | | property of
another;
| 11 | | (3) knowingly starts a fire on the land of another;
| 12 | | (4) knowingly injures a domestic animal of another | 13 | | without his
or her consent;
| 14 | | (5) knowingly deposits on the land or in the building | 15 | | of another any stink bomb or any offensive smelling | 16 | | compound
and thereby intends to interfere with the use by | 17 | | another of the land or
building;
| 18 | | (6) knowingly damages any property, other than as | 19 | | described in paragraph (2) of subsection (a) of
Section | 20 | | 20-1, with intent to defraud an insurer;
| 21 | | (7) knowingly shoots a firearm at any portion of a | 22 | | railroad train; | 23 | | (8) knowingly, without proper authorization, cuts, | 24 | | injures, damages, defaces, destroys, or tampers with any | 25 | | fire hydrant or any public or private fire fighting |
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| 1 | | equipment, or any apparatus appertaining to fire fighting | 2 | | equipment; or | 3 | | (9) intentionally, without proper authorization, opens | 4 | | any fire hydrant.
| 5 | | (b) When the charge of criminal damage to property | 6 | | exceeding a specified
value is brought, the extent of the | 7 | | damage is an element of the offense to
be resolved by the trier | 8 | | of fact as either exceeding or not exceeding
the specified | 9 | | value.
| 10 | | (c) It is an affirmative defense to a violation of | 11 | | paragraph (1), (3), or (5) of subsection (a) of this Section | 12 | | that the owner of the property or land damaged consented to the | 13 | | damage.
| 14 | | (d) Sentence. | 15 | | (1) A violation of subsection (a) shall have the | 16 | | following penalties: | 17 | | (A) A violation of paragraph (8) or (9) is a Class | 18 | | B misdemeanor. | 19 | | (B) A violation of paragraph (1), (2), (3), (5), or | 20 | | (6) is a Class
A misdemeanor when the damage to | 21 | | property does not exceed $2,500 $500 . | 22 | | (C) (Blank). A violation of paragraph (1), (2), | 23 | | (3), (5), or (6) is a Class 4
felony when the damage to
| 24 | | property does not exceed $500 and the damage occurs to | 25 | | property of a school
or
place of worship or to farm | 26 | | equipment or immovable items of agricultural
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| 1 | | production, including
but not
limited to grain | 2 | | elevators, grain bins, and barns or property which | 3 | | memorializes or honors an individual or group of police | 4 | | officers, fire fighters, members of the United States | 5 | | Armed Forces, National Guard, or veterans. | 6 | | (D) A violation of paragraph (4) is a Class A | 7 | | misdemeanor 4
felony when the
damage to property does | 8 | | not exceed $10,000. | 9 | | (E) A violation of paragraph (7) is a Class A | 10 | | misdemeanor 4 felony . | 11 | | (F) A violation of paragraph (1), (2), (3), (5) or | 12 | | (6) is a Class 4 felony when the damage to property
| 13 | | exceeds $2,500 $500 but does not exceed $10,000. | 14 | | (G) (Blank). A violation of paragraphs (1) through | 15 | | (6) is a Class 3 felony when the damage to property | 16 | | exceeds $500 but
does not exceed $10,000 and the damage | 17 | | occurs to property of a school
or place
of worship or | 18 | | to farm equipment or immovable items of agricultural
| 19 | | production,
including
but not
limited to grain | 20 | | elevators, grain bins, and barns or property which | 21 | | memorializes or honors an individual or group of police | 22 | | officers, fire fighters, members of the United States | 23 | | Armed Forces, National Guard, or veterans. | 24 | | (H) A violation of paragraphs (1) through (6) is a | 25 | | Class 3 felony when the damage to property
exceeds | 26 | | $10,000 but does not exceed $100,000. |
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| 1 | | (I) (Blank). A violation of paragraphs (1) through | 2 | | (6) is a Class 2 felony when the damage to property | 3 | | exceeds $10,000
but does not exceed $100,000 and the | 4 | | damage occurs to property of a school
or
place of | 5 | | worship or to farm equipment or immovable items
of | 6 | | agricultural production, including
but not
limited to | 7 | | grain elevators, grain bins, and barns or property | 8 | | which memorializes or honors an individual or group of | 9 | | police officers, fire fighters, members of the United | 10 | | States Armed Forces, National Guard, or veterans. | 11 | | (J) A violation of paragraphs (1) through (6) is a | 12 | | Class 2 felony when the damage to property exceeds
| 13 | | $100,000. A violation of paragraphs (1) through (6) is | 14 | | a Class 1 felony when the damage to property exceeds | 15 | | $100,000 and the damage occurs to property of
a school | 16 | | or place of worship or to farm equipment or immovable | 17 | | items
of agricultural production, including
but not
| 18 | | limited to grain elevators, grain bins, and barns or | 19 | | property which memorializes or honors an individual or | 20 | | group of police officers, fire fighters, members of the | 21 | | United States Armed Forces, National Guard, or | 22 | | veterans. | 23 | | (2) When the damage to property exceeds $10,000,
the
| 24 | | court shall impose
upon the offender a fine equal to the | 25 | | value of the damages to the property.
| 26 | | (3) In addition to any other sentence that may be |
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| 1 | | imposed, a court shall
order any person convicted of | 2 | | criminal damage to property to perform community
service | 3 | | for not less than 30 and not more than 120 hours, if | 4 | | community service
is available in the jurisdiction
and is | 5 | | funded and approved by the county board of the county where | 6 | | the
offense was committed.
In addition, whenever any person | 7 | | is placed
on supervision for an alleged offense under this | 8 | | Section, the supervision shall
be conditioned upon the | 9 | | performance of the community service.
| 10 | | The community service requirement does not apply when | 11 | | the court imposes a sentence of
incarceration.
| 12 | | (4) In addition to any criminal penalties imposed for a | 13 | | violation of this Section, if a person is convicted of or | 14 | | placed on supervision for knowingly damaging or destroying | 15 | | crops of another, including crops intended for personal, | 16 | | commercial, research, or developmental purposes, the | 17 | | person is liable in a civil action to the owner of any | 18 | | crops damaged or destroyed for money damages up to twice | 19 | | the market value of the crops damaged or destroyed. | 20 | | (5) For the purposes of this subsection (d), "farm | 21 | | equipment" means machinery
or
other equipment used in | 22 | | farming. | 23 | | (Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17 .)
| 24 | | (720 ILCS 5/21-1.3)
| 25 | | Sec. 21-1.3. Criminal defacement of property.
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| 1 | | (a) A person commits criminal defacement of property when | 2 | | the person
knowingly damages the property of another by
| 3 | | defacing, deforming, or otherwise damaging the property by the | 4 | | use of paint or
any other similar substance, or by the use of a | 5 | | writing instrument, etching
tool, or any other similar device. | 6 | | It is an affirmative defense to a violation of this Section | 7 | | that the owner of the property damaged consented to such | 8 | | damage.
| 9 | | (b) Sentence. | 10 | | (1) Criminal defacement of property is a Class A | 11 | | misdemeanor for a
first offense when the aggregate value of the | 12 | | damage to the property does not exceed $2,500 $500 . Criminal
| 13 | | defacement of property is a Class 4 felony when the aggregate | 14 | | value of the damage to property does not
exceed $500 and the | 15 | | property damaged is a school building or place of
worship or | 16 | | property which memorializes or honors an individual or group of | 17 | | police officers, fire fighters, members of the United States | 18 | | Armed Forces or National Guard, or veterans. Criminal
| 19 | | defacement of property is a Class 4 felony for a second or | 20 | | subsequent
conviction or when the aggregate value of the damage | 21 | | to the property exceeds $2,500 $500 .
Criminal defacement of | 22 | | property is a Class 3 felony when the aggregate value of the | 23 | | damage to property
exceeds $500 and the property damaged is a | 24 | | school building or place of
worship or property which | 25 | | memorializes or honors an individual or group of police | 26 | | officers, fire fighters, members of the United States Armed |
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| 1 | | Forces or National Guard, or veterans.
| 2 | | (2) In addition to any other sentence that may be imposed
| 3 | | for a violation of this Section,
a person convicted of
criminal | 4 | | defacement of
property shall: | 5 | | (A) pay the
actual costs incurred
by the property owner | 6 | | or the unit of government to abate, remediate,
repair, or | 7 | | remove the effect of the damage to the property. To the | 8 | | extent
permitted by law, reimbursement for the costs of | 9 | | abatement, remediation,
repair, or removal shall be | 10 | | payable to the person who incurred the costs; and | 11 | | (B) (blank). if convicted of criminal defacement of | 12 | | property that is chargeable as a Class 3 or Class 4 felony, | 13 | | pay a mandatory minimum fine of $500.
| 14 | | (3) In addition to any
other sentence that may be imposed, | 15 | | a court shall order any person convicted of
criminal defacement | 16 | | of property to perform community service for not less than
30 | 17 | | and not more than 120 hours, if community service is available | 18 | | in the
jurisdiction. The community service shall include, but | 19 | | need
not be limited to, the cleanup and repair of the damage to | 20 | | property that was
caused by the offense, or similar damage to | 21 | | property located in the
municipality or county in which the | 22 | | offense occurred.
When the property damaged is a school | 23 | | building, the community service may
include cleanup, removal, | 24 | | or painting over the defacement.
In addition, whenever any
| 25 | | person is placed on supervision for an alleged offense under | 26 | | this Section, the
supervision shall be conditioned
upon the |
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| 1 | | performance of the community service. | 2 | | (4) For the purposes of this subsection (b), aggregate | 3 | | value shall be determined by adding the value of the damage to | 4 | | one or more properties if the offenses were committed as part | 5 | | of a single course of conduct.
| 6 | | (Source: P.A. 98-315, eff. 1-1-14; 98-466, eff. 8-16-13; | 7 | | 98-756, eff. 7-16-14; 99-631, eff. 1-1-17 .)
| 8 | | Section 15. The Cannabis Control Act is amended by changing | 9 | | Section 4 as follows:
| 10 | | (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
| 11 | | Sec. 4. It is unlawful for any person knowingly to possess | 12 | | cannabis. Any person
who violates this section with respect to:
| 13 | | (a) not more than 10 grams of any substance containing | 14 | | cannabis is
guilty of a civil law violation punishable by a | 15 | | minimum fine of $100 and a maximum fine of $200. The | 16 | | proceeds of the fine shall be payable to the clerk of the | 17 | | circuit court. Within 30 days after the deposit of the | 18 | | fine, the clerk shall distribute the proceeds of the fine | 19 | | as follows: | 20 | | (1) $10 of the fine to the circuit clerk and $10 of | 21 | | the fine to the law enforcement agency that issued the | 22 | | citation; the proceeds of each $10 fine distributed to | 23 | | the circuit clerk and each $10 fine distributed to the | 24 | | law enforcement agency that issued the citation for the |
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| 1 | | violation shall be used to defer the cost of automatic | 2 | | expungements under paragraph (2.5) of subsection (a) | 3 | | of Section 5.2 of the Criminal Identification Act; | 4 | | (2) $15 to the county to fund drug addiction | 5 | | services; | 6 | | (3) $10 to the Office of the State's Attorneys | 7 | | Appellate Prosecutor for use in training programs; | 8 | | (4) $10 to the State's Attorney; and | 9 | | (5) any remainder of the fine to the law | 10 | | enforcement agency that issued the citation for the | 11 | | violation. | 12 | | With respect to funds designated for the Department of | 13 | | State Police, the moneys shall be remitted by the circuit | 14 | | court clerk to the Department of State Police within one | 15 | | month after receipt for deposit into the State Police | 16 | | Operations Assistance Fund. With respect to funds | 17 | | designated for the Department of Natural Resources, the | 18 | | Department of Natural Resources shall deposit the moneys | 19 | | into the Conservation Police Operations Assistance Fund;
| 20 | | (b) more than 10 grams but not more than 30 grams of | 21 | | any substance
containing cannabis is guilty of a Class B | 22 | | misdemeanor;
| 23 | | (c) more than 30 grams but not more than 100 grams of | 24 | | any substance
containing cannabis is guilty of a Class A | 25 | | misdemeanor; provided, that if
any offense under this | 26 | | subsection (c) is a subsequent offense, the offender
shall |
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| 1 | | be guilty of a Class 4 felony;
| 2 | | (d) more than 100 grams but not more than 500 grams of | 3 | | any substance
containing cannabis is guilty of a Class 4 | 4 | | felony; provided that if any
offense under this subsection | 5 | | (d) is a subsequent offense, the offender
shall be guilty | 6 | | of a Class 3 felony;
| 7 | | (e) (blank); more than 500 grams but not more than | 8 | | 2,000 grams of any substance
containing cannabis is guilty
| 9 | | of a Class 3 felony;
| 10 | | (f) (blank); more than 2,000 grams but not more than | 11 | | 5,000 grams of any
substance containing cannabis is guilty | 12 | | of a Class 2 felony;
| 13 | | (g) (blank); more than 5,000 grams of any substance | 14 | | containing cannabis is guilty
of a Class 1 felony.
| 15 | | (Source: P.A. 99-697, eff. 7-29-16.)
| 16 | | Section 20. The Illinois Controlled Substances Act is | 17 | | amended by changing Section 402 as follows:
| 18 | | (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
| 19 | | Sec. 402. Except as otherwise authorized by this Act, it is | 20 | | unlawful for
any person knowingly to possess a controlled or | 21 | | counterfeit substance or controlled substance analog.
A | 22 | | violation of this Act with respect to any each of the | 23 | | controlled substance substances
listed herein constitutes a | 24 | | single and separate violation of this Act. For purposes of this |
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| 1 | | Section, "controlled substance analog" or "analog"
means a | 2 | | substance, other than a controlled substance, which is not | 3 | | approved by the United States Food and Drug Administration or, | 4 | | if approved, is not dispensed or possessed in accordance with | 5 | | State or federal law, and that has a chemical structure | 6 | | substantially similar to that of a controlled
substance in | 7 | | Schedule I or II, or that was specifically designed to produce
| 8 | | an effect substantially similar to that of a controlled | 9 | | substance in Schedule
I or II. Examples of chemical classes in | 10 | | which controlled substance analogs
are found include, but are | 11 | | not limited to, the following: phenethylamines,
N-substituted | 12 | | piperidines, morphinans, ecgonines, quinazolinones, | 13 | | substituted
indoles, and arylcycloalkylamines. For purposes of | 14 | | this Act, a controlled
substance analog shall be treated in the | 15 | | same manner as the controlled
substance to which it is | 16 | | substantially similar.
| 17 | | (a) Any person who violates this Section with respect to | 18 | | any controlled substance or counterfeit substance or | 19 | | controlled substance analog, with the exception of | 20 | | methamphetamine or an anabolic steroid is guilty of a Class A | 21 | | misdemeanor. with respect to the following
controlled or | 22 | | counterfeit substances and amounts, notwithstanding any of the
| 23 | | provisions of subsections (c) and (d) to the
contrary, is | 24 | | guilty of a Class 1 felony and shall, if sentenced to a term
of | 25 | | imprisonment, be sentenced as provided in this subsection (a) | 26 | | and fined
as provided in subsection (b):
|
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| 1 | | (1) (A) not less than 4 years and not more than 15 | 2 | | years with respect
to 15 grams or more but less than | 3 | | 100 grams of a substance containing heroin;
| 4 | | (B) not less than 6 years and not more than 30 | 5 | | years with respect to 100
grams or more but less than | 6 | | 400 grams of a substance containing heroin;
| 7 | | (C) not less than 8 years and not more than 40 | 8 | | years with respect to 400
grams or more but less than | 9 | | 900 grams of any substance containing heroin;
| 10 | | (D) not less than 10 years and not more than 50 | 11 | | years with respect to
900 grams or more of any | 12 | | substance containing heroin;
| 13 | | (2) (A) not less than 4 years and not more than 15 | 14 | | years with respect
to 15 grams or more but less than | 15 | | 100 grams of any substance containing
cocaine;
| 16 | | (B) not less than 6 years and not more than 30 | 17 | | years with respect to 100
grams or more but less than | 18 | | 400 grams of any substance containing cocaine;
| 19 | | (C) not less than 8 years and not more than 40 | 20 | | years with respect to 400
grams or more but less than | 21 | | 900 grams of any substance containing cocaine;
| 22 | | (D) not less than 10 years and not more than 50 | 23 | | years with respect to
900 grams or more of any | 24 | | substance containing cocaine;
| 25 | | (3) (A) not less than 4 years and not more than 15 | 26 | | years with respect
to 15 grams or more but less than |
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| 1 | | 100 grams of any substance containing
morphine;
| 2 | | (B) not less than 6 years and not more than 30 | 3 | | years with respect to 100
grams or more but less than | 4 | | 400 grams of any substance containing morphine;
| 5 | | (C) not less than 6 years and not more than 40 | 6 | | years with respect to 400
grams or more but less than | 7 | | 900 grams of any substance containing morphine;
| 8 | | (D) not less than 10 years and not more than 50 | 9 | | years with respect to
900 grams or more of any | 10 | | substance containing morphine;
| 11 | | (4) 200 grams or more of any substance containing | 12 | | peyote;
| 13 | | (5) 200 grams or more of any substance containing a | 14 | | derivative of
barbituric acid or any of the salts of a | 15 | | derivative of barbituric acid;
| 16 | | (6) 200 grams or more of any substance containing | 17 | | amphetamine or any salt
of an optical isomer of | 18 | | amphetamine;
| 19 | | (6.5) (blank);
| 20 | | (7) (A) not less than 4 years and not more than 15 | 21 | | years with respect
to: (i) 15 grams or more but less | 22 | | than 100 grams of any substance containing
lysergic | 23 | | acid diethylamide (LSD), or an analog thereof, or (ii) | 24 | | 15 or
more objects or 15 or more segregated parts of an | 25 | | object or objects but
less than 200 objects or 200 | 26 | | segregated parts of an object or objects
containing in |
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| 1 | | them or having upon them any amount of any substance
| 2 | | containing lysergic acid diethylamide (LSD), or an | 3 | | analog thereof;
| 4 | | (B) not less than 6 years and not more than 30 | 5 | | years with respect
to: (i) 100 grams or more but less | 6 | | than 400 grams of any substance
containing lysergic | 7 | | acid diethylamide (LSD), or an analog thereof, or (ii)
| 8 | | 200 or more objects or 200 or more segregated parts of | 9 | | an object or objects
but less than 600 objects or less | 10 | | than 600 segregated parts of an object or
objects | 11 | | containing in them or having upon them any amount of | 12 | | any substance
containing lysergic acid diethylamide | 13 | | (LSD), or an analog thereof;
| 14 | | (C) not less than 8 years and not more than 40 | 15 | | years with respect
to: (i) 400 grams or more but less | 16 | | than 900 grams of any substance
containing lysergic | 17 | | acid diethylamide (LSD), or an analog thereof, or (ii)
| 18 | | 600 or more objects or 600 or more segregated parts of | 19 | | an object or objects
but less than 1500 objects or 1500 | 20 | | segregated parts of an object or objects
containing in | 21 | | them or having upon them any amount of any substance
| 22 | | containing lysergic acid diethylamide (LSD), or an | 23 | | analog thereof;
| 24 | | (D) not less than 10 years and not more than 50 | 25 | | years with respect
to: (i) 900 grams or more of any | 26 | | substance containing lysergic acid
diethylamide (LSD), |
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| 1 | | or an analog thereof, or (ii) 1500 or more objects or
| 2 | | 1500 or more segregated parts of an object or objects | 3 | | containing in them or
having upon them any amount of a | 4 | | substance containing lysergic acid
diethylamide (LSD), | 5 | | or an analog thereof;
| 6 | | (7.5) (A) not less than 4 years and not more than 15 | 7 | | years with respect
to: (i) 15
grams or more but
less | 8 | | than 100 grams of any substance listed in paragraph | 9 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19),
(20), | 10 | | (20.1), (21), (25), or (26) of subsection (d) of | 11 | | Section 204, or an
analog or derivative
thereof, or | 12 | | (ii) 15 or more pills, tablets, caplets, capsules, or | 13 | | objects but
less than 200 pills,
tablets, caplets, | 14 | | capsules, or objects containing in them or having upon | 15 | | them
any amount of any
substance listed in paragraph | 16 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 17 | | (20.1),
(21), (25), or (26) of
subsection (d) of | 18 | | Section 204, or an analog or derivative thereof;
| 19 | | (B) not less than 6 years and not more than 30 | 20 | | years with respect to: (i)
100
grams or more but
less | 21 | | than 400 grams of any substance listed in paragraph | 22 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
| 23 | | (20.1), (21), (25), or (26) of subsection (d) of | 24 | | Section 204, or an analog or
derivative thereof, or
| 25 | | (ii) 200 or more pills, tablets, caplets, capsules, or | 26 | | objects but less than
600
pills, tablets,
caplets, |
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| 1 | | capsules, or objects containing in them or having upon | 2 | | them any amount
of any
substance
listed in paragraph | 3 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 4 | | (20.1), (21),
(25), or (26) of subsection
(d) of | 5 | | Section 204, or an analog or derivative thereof;
| 6 | | (C) not less than 8 years and not more than 40 | 7 | | years with respect to: (i)
400
grams or more but
less | 8 | | than 900 grams of any substance listed in paragraph | 9 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
| 10 | | (20.1), (21), (25), or (26) of subsection (d) of | 11 | | Section 204, or an analog or
derivative thereof,
or | 12 | | (ii) 600 or more pills, tablets, caplets, capsules, or | 13 | | objects but less than
1,500 pills, tablets,
caplets, | 14 | | capsules, or objects containing in them or having upon | 15 | | them any amount
of any
substance listed in paragraph | 16 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 17 | | (20.1),
(21), (25), or (26) of
subsection (d) of | 18 | | Section 204, or an analog or derivative thereof;
| 19 | | (D) not less than 10 years and not more than 50 | 20 | | years with respect to:
(i)
900 grams or more of
any | 21 | | substance listed in paragraph (1), (2), (2.1), (2.2), | 22 | | (3), (14.1), (19), (20),
(20.1), (21), (25), or (26)
of | 23 | | subsection (d) of Section 204, or an analog or | 24 | | derivative thereof, or (ii)
1,500 or more pills,
| 25 | | tablets, caplets, capsules, or objects containing in | 26 | | them or having upon them
any amount of a
substance |
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| 1 | | listed in paragraph (1), (2), (2.1), (2.2), (3), | 2 | | (14.1), (19), (20), (20.1),
(21), (25), or (26) of
| 3 | | subsection (d) of Section 204, or an analog or | 4 | | derivative thereof;
| 5 | | (8) 30 grams or more of any substance containing | 6 | | pentazocine or any of
the salts, isomers and salts of | 7 | | isomers of pentazocine, or an analog thereof;
| 8 | | (9) 30 grams or more of any substance containing | 9 | | methaqualone or any
of the salts, isomers and salts of | 10 | | isomers of methaqualone;
| 11 | | (10) 30 grams or more of any substance containing | 12 | | phencyclidine or any
of the salts, isomers and salts of | 13 | | isomers of phencyclidine (PCP);
| 14 | | (10.5) 30 grams or more of any substance containing | 15 | | ketamine or any of
the salts, isomers and salts of isomers | 16 | | of ketamine;
| 17 | | (11) 200 grams or more of any substance containing any | 18 | | substance
classified as a narcotic drug in Schedules I or | 19 | | II, or an analog thereof, which is not otherwise
included | 20 | | in this subsection.
| 21 | | (b) (Blank). Any person sentenced with respect to | 22 | | violations of paragraph (1),
(2), (3), (7), or (7.5) of | 23 | | subsection (a) involving 100
grams or more of the
controlled | 24 | | substance named therein, may in addition to the penalties
| 25 | | provided therein, be fined an amount not to exceed $200,000 or | 26 | | the full
street value of the controlled or counterfeit |
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| 1 | | substances, whichever is
greater. The term "street value" shall | 2 | | have the meaning
ascribed in Section 110-5 of the Code of | 3 | | Criminal Procedure of 1963. Any
person sentenced with respect | 4 | | to any other provision of subsection (a), may
in addition to | 5 | | the penalties provided therein, be fined an amount not to
| 6 | | exceed $200,000.
| 7 | | (c) (Blank). Any person who violates this Section with | 8 | | regard to an amount
of a controlled substance other than | 9 | | methamphetamine or counterfeit substance not set forth in
| 10 | | subsection (a) or (d) is guilty of a Class 4 felony. The fine | 11 | | for a
violation punishable under this subsection (c) shall not | 12 | | be more
than $25,000.
| 13 | | (d) Any person who violates this Section with regard to any | 14 | | amount of
anabolic steroid is guilty of a Class C misdemeanor
| 15 | | for the first offense and a Class B misdemeanor for a | 16 | | subsequent offense
committed within 2 years of a prior | 17 | | conviction.
| 18 | | (Source: P.A. 99-371, eff. 1-1-16; 100-368, eff. 1-1-18 .)
| 19 | | Section 25. The Methamphetamine Control and Community | 20 | | Protection Act is amended by changing Section 60 as follows: | 21 | | (720 ILCS 646/60)
| 22 | | Sec. 60. Methamphetamine possession. | 23 | | (a) It is unlawful knowingly to possess methamphetamine or | 24 | | a substance containing methamphetamine.
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| 1 | | (b) A person who violates subsection (a) is guilty of a | 2 | | Class A misdemeanor. subject to the following penalties:
| 3 | | (1) A person who possesses less than 5 grams of | 4 | | methamphetamine or a substance containing methamphetamine | 5 | | is guilty of a Class 3 felony.
| 6 | | (2) A person who possesses 5 or more grams but less | 7 | | than 15 grams of methamphetamine or a substance containing | 8 | | methamphetamine is guilty of a Class 2 felony.
| 9 | | (3) A person who possesses 15 or more grams but less | 10 | | than 100 grams of methamphetamine or a substance containing | 11 | | methamphetamine is guilty of a Class 1 felony.
| 12 | | (4) A person who possesses 100 or more grams but less | 13 | | than 400 grams of methamphetamine or a substance containing | 14 | | methamphetamine is guilty of a Class X felony, subject to a | 15 | | term of imprisonment of not less than 6 years and not more | 16 | | than 30 years, and subject to a fine not to exceed
| 17 | | $100,000.
| 18 | | (5) A person who possesses 400 or more grams but less | 19 | | than 900 grams of methamphetamine or a substance containing | 20 | | methamphetamine is guilty of a Class X felony, subject to a | 21 | | term of imprisonment of not less than 8 years and not more | 22 | | than 40 years, and subject to a fine not to exceed
| 23 | | $200,000.
| 24 | | (6) A person who possesses 900 or more grams of | 25 | | methamphetamine or a substance containing methamphetamine | 26 | | is guilty of a Class X felony, subject to a term of |
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| 1 | | imprisonment of not less than 10 years and not more than 50 | 2 | | years, and subject to a fine not to exceed $300,000.
| 3 | | (Source: P.A. 94-556, eff. 9-11-05.) | 4 | | Section 30. The Unified Code of Corrections is amended by | 5 | | adding Sections 5-9-5 and 8-7-1 as follows: | 6 | | (730 ILCS 5/5-9-5 new) | 7 | | Sec. 5-9-5. Resentencing as misdemeanants. | 8 | | (a) In the case of a person who is facing criminal charges | 9 | | for an offense committed before the effective date of this | 10 | | amendatory Act of the 101st General Assembly that would have | 11 | | qualified as a felony under Section 16-1, 16-25, 17-1, 21-1, or | 12 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | 13 | | 2012, the Cannabis Control Act, the Illinois Controlled | 14 | | Substances Act, or the Methamphetamine Control and Community | 15 | | Protection Act at the time it was committed, but the person has | 16 | | not been sentenced by the time this amendatory Act of the 101st | 17 | | General Assembly takes effect and this amendatory Act of the | 18 | | 101st General Assembly reclassifies the offense as a | 19 | | misdemeanor, the sentencing court shall sentence the defendant | 20 | | based on the amended penalties under the Criminal Code of 2012, | 21 | | the Cannabis Control Act, the Illinois Controlled Substances | 22 | | Act, or the Methamphetamine Control and Community Protection | 23 | | Act. | 24 | | (b) In the case of a person who is, at the time of the |
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| 1 | | effective date of this amendatory Act of the 101st General | 2 | | Assembly, incarcerated for a felony offense under Section 16-1, | 3 | | 16-25, 17-1, 21-1, or 21-1.3 of the Criminal Code of 1961 or | 4 | | the Criminal Code of 2012, the Cannabis Control Act, the | 5 | | Illinois Controlled Substances Act, or the Methamphetamine | 6 | | Control and Community Protection Act that has been subsequently | 7 | | reclassified as a misdemeanor, the sentencing court, the | 8 | | Director of Corrections, or the incarcerated person may make a | 9 | | motion to recall the original sentence issued and re-sentence | 10 | | the person to a misdemeanor under the amended penalties under | 11 | | the Criminal Code of 2012, the Cannabis Control Act, the | 12 | | Illinois Controlled Substances Act, or the Methamphetamine | 13 | | Control and Community Protection Act. The sentencing court | 14 | | shall determine whether the petitioner qualifies for | 15 | | resentencing as a result of the reclassification of felony | 16 | | offenses as misdemeanors under this amendatory Act of the 101st | 17 | | General Assembly. If the petitioner qualifies for | 18 | | resentencing, the petitioner's felony sentence shall be | 19 | | recalled and the petitioner shall be re-sentenced to a | 20 | | misdemeanor under Section 16-1, 16-25, 17-1, 21-1, or 21-1.3 of | 21 | | the Criminal Code of 2012, the Cannabis Control Act, the | 22 | | Illinois Controlled Substances Act, or the Methamphetamine | 23 | | Control and Community Protection Act as amended by this | 24 | | amendatory Act of the 101st General Assembly, unless the court, | 25 | | in its discretion, determines that re-sentencing the | 26 | | petitioner would pose an unreasonable risk of danger to public |
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| 1 | | safety. Under no circumstances shall re-sentencing result in a | 2 | | sentence that is longer than the original sentence. | 3 | | (c) In the case of a person who has completed his or her | 4 | | sentence for a felony conviction under Section 16-1, 16-25, | 5 | | 17-1, 21-1, or 21-1.3 of the Criminal Code of 1961 or the | 6 | | Criminal Code of 2012, the Cannabis Control Act, the Illinois | 7 | | Controlled Substances Act, or the Methamphetamine Control and | 8 | | Community Protection Act that is reclassified as a misdemeanor | 9 | | by this amendatory Act of the 101st General Assembly, he or she | 10 | | may apply to have the felony conviction designated as a | 11 | | misdemeanor, or the sentencing court or Director of Corrections | 12 | | may make a motion to have the felony conviction designated as a | 13 | | misdemeanor. All sentencing courts throughout this State shall | 14 | | provide applications for this purpose. If the court finds that | 15 | | the felony conviction was for an offense that has been | 16 | | reclassified as a misdemeanor by this amendatory Act of the | 17 | | 101st General Assembly, the court shall designate that the | 18 | | conviction was for a misdemeanor. | 19 | | (d) If the original sentencing court is not available for | 20 | | re-sentencing under subsections (b) and (c), the presiding | 21 | | judge shall designate another judge to rule on the motion or | 22 | | application. | 23 | | (e) Nothing in subsections (a) through (d) is intended to | 24 | | diminish or abrogate any rights or remedies otherwise available | 25 | | to the petitioner or applicant, or to the victims of the crimes | 26 | | that resulted in the felony convictions at issue. |
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| 1 | | (730 ILCS 5/8-7-1 new) | 2 | | Sec. 8-7-1. Purpose. | 3 | | (a) From 1982 to 2013, Illinois' incarcerated population | 4 | | nearly tripled, with much of the expansion caused by the | 5 | | increased criminalization of poverty and the | 6 | | disproportionately aggressive enforcement of criminal laws | 7 | | within communities of color. These trends resulted in justice | 8 | | expenditures more than doubling, in real dollars, during this | 9 | | period. The General Assembly hereby declares it a priority to | 10 | | right-size our justice system and realign our spending | 11 | | priorities to maximize public health and safety. Through the | 12 | | creation of the Justice Reinvestment Fund in the State | 13 | | treasury, a substantial portion of the savings realized from | 14 | | reducing our incarceration rate by reclassifying a series of | 15 | | non-violent felony offenses as misdemeanors will be reinvested | 16 | | in addressing the root causes of crime, violence, and | 17 | | recidivism. Among a wide range of positive effects, this | 18 | | initiative will create substantially healthier and safer | 19 | | communities across the State by: | 20 | | (1) addressing the destabilizing effects that high | 21 | | incarceration rates have had on families and communities; | 22 | | (2) targeting the community conditions that perpetuate | 23 | | the cycle of crime; and | 24 | | (3) providing formerly incarcerated persons a better | 25 | | chance to succeed outside of prison. |
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| 1 | | (b) On or before July 31, 2020, and on or before July 31 of | 2 | | each fiscal year thereafter, the Illinois Sentencing Policy | 3 | | Advisory Council shall calculate the savings that accrued to | 4 | | the State during the fiscal year ending June 30, 2020, as | 5 | | compared to the fiscal year preceding the enactment of this | 6 | | amendatory Act of the 101st General Assembly, due to the | 7 | | re-classification of felony offenses under Sections 16-1, | 8 | | 16-25, 17-1, 21-1, and 21-1.3 of the Criminal Code of 2012, the | 9 | | Cannabis Control Act, the Illinois Controlled Substances Act, | 10 | | and the Methamphetamine Control and Community Protection Act as | 11 | | misdemeanors. The savings calculation shall be solely based on: | 12 | | (1) the number of persons incarcerated in a Department | 13 | | of Corrections facility during the fiscal year ending June | 14 | | 30, 2019 for the offenses that have been reclassified as | 15 | | misdemeanors by this amendatory Act of the 101st General | 16 | | Assembly compared to the number of persons incarcerated for | 17 | | those same offenses in a Department of Corrections facility | 18 | | during the fiscal year for which the calculation is being | 19 | | made; | 20 | | (2) the average length of stay in Department of | 21 | | Corrections facilities for these offenses before they were | 22 | | reclassified as misdemeanors; | 23 | | (3) the marginal cost per inmate per year; and | 24 | | (4) any reduction in fixed costs, overhead costs, or | 25 | | administrative costs due to the closing of a Department of | 26 | | Corrections facility, or portion of a Department of |
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| 1 | | Corrections facility, as a result of this amendatory Act of | 2 | | the 101st General Assembly. | 3 | | In making the calculations required by this subsection (b), | 4 | | the Illinois Sentencing Policy Advisory Council shall use | 5 | | actual data or best available estimates where actual data is | 6 | | not available. The calculations shall be final and shall not be | 7 | | adjusted for any subsequent changes in the underlying data. The | 8 | | State Comptroller shall certify the results of the calculation | 9 | | no later than August 15 of each fiscal year. | 10 | | (c) On or before August 31, 2020, and before August 31 of | 11 | | each fiscal year thereafter, the Comptroller shall transfer | 12 | | from the General Fund to the Justice Reinvestment Fund 85% of | 13 | | the total savings calculated under subsection (b) minus any | 14 | | necessary deductions under subsections (m) and (n). | 15 | | (d) Funds in the Justice Reinvestment Fund shall be | 16 | | continuously appropriated for the purposes of this amendatory | 17 | | Act. Funds transferred to the Justice Reinvestment Fund shall | 18 | | be used exclusively for the purposes of this amendatory Act of | 19 | | the 101st General Assembly and shall not be subject to | 20 | | appropriation or transfer by the General Assembly for any other | 21 | | purpose. The funds in the Justice Reinvestment Fund may be used | 22 | | without regard to fiscal year. | 23 | | (e) On or before April 30, 2020, the Illinois Sentencing | 24 | | Policy Advisory Council shall calculate, for each county in the | 25 | | State, the 3-year average of the number of residents of that | 26 | | county who were incarcerated within a State prison for felony |
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| 1 | | offenses under Sections 16-1, 16-25, 17-1, 21-1, and 21-1.3 of | 2 | | the Criminal Code of 1961 or the Criminal Code of 2012, the | 3 | | Cannabis Control Act, the Illinois Controlled Substances Act, | 4 | | and the Methamphetamine Control and Community Protection Act | 5 | | that are re-classified as misdemeanors by this amendatory Act | 6 | | of the 101st General Assembly. The 3-year average shall be | 7 | | based on the fiscal years ending June 30, 2017; June 30, 2018; | 8 | | and June 30, 2019. | 9 | | (f) On or before April 30, 2020, the Illinois Sentencing | 10 | | Policy Advisory Council shall calculate, for the entire State, | 11 | | the 3-year average of the number of persons who were | 12 | | incarcerated within a State prison for felony offenses under | 13 | | Sections 16-1, 16-25, 17-1, 21-1, and 21-1.3 of the Criminal | 14 | | Code of 1961 or the Criminal Code of 2012, the Cannabis Control | 15 | | Act, the Illinois Controlled Substances Act, and the | 16 | | Methamphetamine Control and Community Protection Act that are | 17 | | re-classified as misdemeanors by this amendatory Act of the | 18 | | 101st General Assembly. The 3-year average shall be based on | 19 | | the fiscal years ending June 30, 2017; June 30, 2018; and June | 20 | | 30, 2019. | 21 | | (g) The Justice Reinvestment Fund shall be administered by | 22 | | the Department of Human Services, and each county shall be | 23 | | entitled to a proportionate share of the annual funds available | 24 | | provided it meets the criteria described in subsection (h) of | 25 | | this Section. For the fiscal year ending on June 30, 2020, each | 26 | | county's proportionate share shall be based on their |
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| 1 | | contribution to the total number of persons who have | 2 | | pre-existing felony convictions at the time of enactment of | 3 | | this amendatory Act of the 101st General Assembly that are | 4 | | re-sentenced or designated as misdemeanors under Section 5-9-5 | 5 | | of this Code by June 30, 2020. For each fiscal year thereafter, | 6 | | each county's share of available funds shall be determined by | 7 | | their 3-year average calculated in subsection (e) as a | 8 | | percentage of the 3-year average for the State calculated in | 9 | | subsection (f). | 10 | | (h) To receive funds under this Section, counties must meet | 11 | | the following criteria: | 12 | | (1) They must submit an annual application in which | 13 | | they specify how they will use the funds to improve public | 14 | | health and safety through creating or expanding one or more | 15 | | of the following: | 16 | | (A) living-wage job opportunities; | 17 | | (B) training programs for jobs that pay a living | 18 | | wage; | 19 | | (C) drug treatment services; | 20 | | (D) mental health services, including trauma | 21 | | recovery services for crime victims; | 22 | | (E) afterschool programs for children and youth; | 23 | | (F) pre-k programs; | 24 | | (G) summer and year-round jobs for youth; | 25 | | (H) affordable housing opportunities; | 26 | | (I) alternatives to justice-system involvement |
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| 1 | | within schools and throughout the community, including | 2 | | but not limited to restorative justice programs and | 3 | | increased use of social workers, psychologists, | 4 | | conflict mediators, mental health counselors, and drug | 5 | | treatment counselors to address low-level offenses. | 6 | | (2) The application must specify how the funds will be | 7 | | directed toward one or more of the following: | 8 | | (A) The neighborhoods in the county that have the | 9 | | largest number of residents in jail or prison; | 10 | | (B) The neighborhoods in the county that have the | 11 | | largest number of crime victims; | 12 | | (C) Formerly incarcerated persons who are | 13 | | re-entering the county from prison. | 14 | | (i) Counties shall not use the funds to supplant existing | 15 | | funds in the chosen programmatic areas. | 16 | | (j) Counties receiving funds shall submit an annual report | 17 | | to the Department of Human Services detailing the uses of the | 18 | | funds and the impact they have had on public health and safety. | 19 | | The Department of Human Services shall provide a summary report | 20 | | to the Governor and the General Assembly on an annual basis. | 21 | | (k) Funds left unclaimed due to a qualifying county failing | 22 | | to submit an application or meet the specified criteria shall | 23 | | be reallocated to the remaining counties on a proportionate | 24 | | basis, based on the same proportion used in subsection (g) | 25 | | while excluding the non-participating county or counties. | 26 | | (l) The Comptroller shall annually conduct a randomized |
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| 1 | | audit of up to 10% of the counties receiving grants to ensure | 2 | | the funds are disbursed and expended in accordance with the | 3 | | requirements specified in this Section. The Comptroller shall | 4 | | report his or her findings to the General Assembly and the | 5 | | public. | 6 | | (m) Any costs incurred by the Comptroller and the Illinois | 7 | | Sentencing Policy Advisory Council in connection with the | 8 | | fulfillment of its duties described in this Section shall be | 9 | | deducted from the Justice Reinvestment Fund before the funds | 10 | | are disbursed under subsection (c). | 11 | | (n) Beginning with the fiscal year ending June 30, 2020, | 12 | | the Illinois Sentencing Policy Advisory Council shall deduct | 13 | | any additional costs incurred by the State court system in | 14 | | fulfilling its duties under Section 5-9-5 during the preceding | 15 | | year from the Justice Reinvestment Fund before the funds are | 16 | | disbursed under subsection (c). The administrative costs shall | 17 | | not account for more than 10% of the total funds to be | 18 | | deposited into the Justice Reinvestment Fund for the fiscal | 19 | | year ending June 30, 2020, and shall not account for more than | 20 | | 5% of the total funds to be deposited into the Justice | 21 | | Reinvestment Fund for each fiscal year thereafter. | 22 | | (o) Any administrative costs incurred by the Department of | 23 | | Human Services in fulfilling its duties under this amendatory | 24 | | Act shall be deducted from the available pool of funds. The | 25 | | administrative costs shall not account for more than 5% of the | 26 | | total funds deposited into the Justice Reinvestment Fund each |
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| 1 | | year.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 30 ILCS 105/5.891 new | | | 4 | | 720 ILCS 5/16-1 | from Ch. 38, par. 16-1 | | 5 | | 720 ILCS 5/16-25 | | | 6 | | 720 ILCS 5/17-1 | from Ch. 38, par. 17-1 | | 7 | | 720 ILCS 5/21-1 | from Ch. 38, par. 21-1 | | 8 | | 720 ILCS 5/21-1.3 | | | 9 | | 720 ILCS 550/4 | from Ch. 56 1/2, par. 704 | | 10 | | 720 ILCS 570/402 | from Ch. 56 1/2, par. 1402 | | 11 | | 720 ILCS 646/60 | | | 12 | | 730 ILCS 5/5-9-5 new | | | 13 | | 730 ILCS 5/8-7-1 new | |
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