Full Text of SB1666 101st General Assembly
SB1666 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1666 Introduced 2/15/2019, by Sen. Rachelle Crowe SYNOPSIS AS INTRODUCED: |
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720 ILCS 570/401 | from Ch. 56 1/2, par. 1401 |
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Amends the Illinois Controlled Substances Act. Increases a sentencing enhancement to 6 years imprisonment (currently, 3 years) when the controlled substance also contains any amount of fentanyl for the following violations: manufacture or delivery, or possession with intent to manufacture or deliver, a controlled substance, a counterfeit substance, or controlled substance analog; controlled substance trafficking; calculated criminal drug conspiracy; criminal drug conspiracy; streetgang criminal drug conspiracy; or delivery of a controlled, counterfeit, or look-alike substance to a person under 18 years of age. Modifies the amount of fentanyl required to trigger sentencing intervals. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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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 Illinois Controlled Substances Act is | 5 | | amended by changing Section 401 as follows:
| 6 | | (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
| 7 | | Sec. 401. Manufacture or delivery, or possession with | 8 | | intent to
manufacture or deliver, a controlled substance, a | 9 | | counterfeit substance, or controlled substance analog. Except | 10 | | as authorized by this Act, it is unlawful for any
person | 11 | | knowingly to manufacture or deliver, or possess with intent to
| 12 | | manufacture or deliver, a controlled substance other than | 13 | | methamphetamine and other than bath salts as defined in the | 14 | | Bath Salts Prohibition Act sold or offered for sale in a retail | 15 | | mercantile establishment as defined in Section 16-0.1 of the | 16 | | Criminal Code of 2012, a counterfeit substance, or a controlled
| 17 | | substance analog. A violation of this Act with respect to each | 18 | | of the controlled
substances listed herein constitutes a single | 19 | | and separate violation of this
Act. For purposes of this | 20 | | Section, "controlled substance analog" or "analog"
means a | 21 | | substance, other than a controlled substance, which is not | 22 | | approved by the United States Food and Drug Administration or, | 23 | | if approved, is not dispensed or possessed in accordance with |
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| 1 | | State or federal law, and that has a chemical structure | 2 | | substantially similar to that of a controlled
substance in | 3 | | Schedule I or II, or that was specifically designed to produce
| 4 | | an effect substantially similar to that of a controlled | 5 | | substance in Schedule
I or II. Examples of chemical classes in | 6 | | which controlled substance analogs
are found include, but are | 7 | | not limited to, the following: phenethylamines,
N-substituted | 8 | | piperidines, morphinans, ecgonines, quinazolinones, | 9 | | substituted
indoles, and arylcycloalkylamines. For purposes of | 10 | | this Act, a controlled
substance analog shall be treated in the | 11 | | same manner as the controlled
substance to which it is | 12 | | substantially similar.
| 13 | | (a) Any person who violates this Section with respect to | 14 | | the following
amounts of controlled or counterfeit substances | 15 | | or controlled substance
analogs, notwithstanding any of the | 16 | | provisions of subsections (c),
(d), (e), (f), (g) or (h) to the | 17 | | contrary, is guilty of a Class X felony
and shall be sentenced | 18 | | to a term of imprisonment as provided in this subsection
(a) | 19 | | and fined as provided in subsection (b):
| 20 | | (1)(A) not less than 6 years and not more than 30 years | 21 | | with respect
to 15 grams or more but less than 100 grams of | 22 | | a substance containing
heroin, or an analog thereof;
| 23 | | (B) not less than 9 years and not more than 40 years | 24 | | with respect to 100
grams or more but less than 400 grams | 25 | | of a substance containing heroin, or
an analog thereof;
| 26 | | (C) not less than 12 years and not more than 50 years |
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| 1 | | with respect to
400 grams or more but less than 900 grams | 2 | | of a substance containing heroin,
or an analog thereof;
| 3 | | (D) not less than 15 years and not more than 60 years | 4 | | with respect to
900 grams or more of any substance | 5 | | containing heroin, or an analog thereof;
| 6 | | (1.5)(A) not less than 6 years and not more than 30 | 7 | | years with respect to less than 1 gram 15 grams or more but | 8 | | less than 100 grams of a substance containing fentanyl, or | 9 | | an analog thereof; | 10 | | (B) not less than 9 years and not more than 40 years | 11 | | with respect to 1 gram 100 grams or more but less than 15 | 12 | | 400 grams of a substance containing fentanyl, or an analog | 13 | | thereof; | 14 | | (C) not less than 12 years and not more than 50 years | 15 | | with respect to 15 400 grams or more but less than 100 900 | 16 | | grams of a substance containing fentanyl, or an analog | 17 | | thereof; | 18 | | (D) not less than 15 years and not more than 60 years | 19 | | with respect to 100 900 grams or more of a substance | 20 | | containing fentanyl, or an analog thereof; | 21 | | (2)(A) not less than 6 years and not more than 30 years | 22 | | with respect
to 15 grams or more but less than 100 grams of | 23 | | a substance containing
cocaine, or an analog thereof;
| 24 | | (B) not less than 9 years and not more than 40 years | 25 | | with respect to 100
grams or more but less than 400 grams | 26 | | of a substance containing cocaine, or
an analog thereof;
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| 1 | | (C) not less than 12 years and not more than 50 years | 2 | | with respect to
400 grams or more but less than 900 grams | 3 | | of a substance containing cocaine,
or an analog thereof;
| 4 | | (D) not less than 15 years and not more than 60 years | 5 | | with respect to
900 grams or more of any substance | 6 | | containing cocaine, or an analog thereof;
| 7 | | (3)(A) not less than 6 years and not more than 30 years | 8 | | with respect
to 15 grams or more but less than 100 grams of | 9 | | a substance containing
morphine, or an analog thereof;
| 10 | | (B) not less than 9 years and not more than 40 years | 11 | | with respect to
100 grams or more but less than 400 grams | 12 | | of a substance containing morphine,
or an analog thereof;
| 13 | | (C) not less than 12 years and not more than 50 years | 14 | | with respect to
400 grams or more but less than 900 grams | 15 | | of a substance containing
morphine, or an analog thereof;
| 16 | | (D) not less than 15 years and not more than 60 years | 17 | | with respect to
900 grams or more of a substance containing | 18 | | morphine, or an analog thereof;
| 19 | | (4) 200 grams or more of any substance containing | 20 | | peyote, or an
analog thereof;
| 21 | | (5) 200 grams or more of any substance containing a | 22 | | derivative of
barbituric acid or any of the salts of a | 23 | | derivative of barbituric acid, or
an analog thereof;
| 24 | | (6) 200 grams or more of any substance containing | 25 | | amphetamine
or any salt of an optical isomer of | 26 | | amphetamine,
or an analog thereof;
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| 1 | | (6.5) (blank);
| 2 | | (6.6) (blank);
| 3 | | (7)(A) not less than 6 years and not more than 30 years | 4 | | with respect
to: (i) 15 grams or more but less than 100 | 5 | | grams of a substance containing
lysergic acid diethylamide | 6 | | (LSD), or an analog thereof, or (ii) 15 or
more objects or | 7 | | 15 or more segregated parts of an object or objects but
| 8 | | less than 200 objects or 200 segregated parts of an object | 9 | | or objects
containing in them or having upon them any | 10 | | amounts of any substance
containing lysergic acid | 11 | | diethylamide (LSD), or an analog thereof;
| 12 | | (B) not less than 9 years and not more than 40 years | 13 | | with respect
to: (i) 100 grams or more but less than 400 | 14 | | grams of a substance containing
lysergic acid diethylamide | 15 | | (LSD), or an analog thereof, or (ii) 200 or more
objects or | 16 | | 200 or more segregated parts of an object or objects but | 17 | | less
than 600 objects or less than 600 segregated parts of | 18 | | an object or objects
containing in them or having upon them | 19 | | any amount of any substance
containing lysergic acid | 20 | | diethylamide (LSD), or an analog thereof;
| 21 | | (C) not less than 12 years and not more than 50 years | 22 | | with respect
to: (i) 400 grams or more but less than 900 | 23 | | grams of a substance containing
lysergic acid diethylamide | 24 | | (LSD), or an analog thereof, or (ii) 600 or more
objects or | 25 | | 600 or more segregated parts of an object or objects but | 26 | | less
than 1500 objects or 1500 segregated parts of an |
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| 1 | | object or objects
containing in them or having upon them | 2 | | any amount of any substance
containing lysergic acid | 3 | | diethylamide (LSD), or an analog thereof;
| 4 | | (D) not less than 15 years and not more than 60 years | 5 | | with respect
to: (i) 900 grams or more of any substance | 6 | | containing lysergic acid
diethylamide (LSD), or an analog | 7 | | thereof, or (ii) 1500 or more objects or
1500 or more | 8 | | segregated parts of an object or objects containing in them | 9 | | or
having upon them any amount of a substance containing | 10 | | lysergic acid
diethylamide (LSD), or an analog thereof;
| 11 | | (7.5)(A) not less than 6 years and not more than 30 years | 12 | | with respect
to:
(i) 15
grams or more but less than 100 | 13 | | grams of a substance listed in paragraph (1),
(2), (2.1), | 14 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) | 15 | | of subsection
(d) of Section 204, or an analog or | 16 | | derivative thereof, or (ii) 15 or more
pills, tablets, | 17 | | caplets, capsules, or objects but less than 200 pills, | 18 | | tablets,
caplets, capsules, or objects containing in them | 19 | | or having upon them any
amounts of any substance listed in | 20 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), | 21 | | (20.1), (21), (25), or (26) of subsection (d) of Section | 22 | | 204, or
an analog or derivative thereof;
| 23 | | (B) not less than 9 years and not more than 40 years | 24 | | with respect to:
(i) 100 grams or more but less than 400 | 25 | | grams of a substance listed in
paragraph (1), (2), (2.1), | 26 | | (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) |
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| 1 | | of subsection (d) of Section 204, or an analog or
| 2 | | derivative thereof, or (ii) 200 or more pills, tablets, | 3 | | caplets, capsules, or
objects but less than 600 pills, | 4 | | tablets, caplets, capsules, or objects
containing in them | 5 | | or having upon them any amount of any substance listed in
| 6 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 7 | | (20.1), (21), (25), or (26)
of subsection (d) of Section | 8 | | 204, or an analog or derivative thereof;
| 9 | | (C) not less than 12 years and not more than 50 years | 10 | | with respect to:
(i) 400 grams or more but less than 900 | 11 | | grams of a substance listed in
paragraph (1), (2), (2.1), | 12 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26)
| 13 | | of subsection (d) of Section 204, or an analog or | 14 | | derivative thereof,
or (ii) 600 or more pills, tablets, | 15 | | caplets, capsules, or objects but less than
1,500 pills, | 16 | | tablets, caplets, capsules, or objects
containing in them | 17 | | or having upon them any amount of any substance listed in
| 18 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | 19 | | (20.1), (21), (25), or (26)
of subsection (d) of Section | 20 | | 204, or an analog or derivative thereof;
| 21 | | (D) not less than 15 years and not more than 60 years | 22 | | with respect to:
(i) 900 grams or more of any substance | 23 | | listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), | 24 | | (19), (20), (20.1), (21), (25), or (26) of subsection (d) | 25 | | of
Section 204, or an analog or derivative thereof, or (ii) | 26 | | 1,500 or more pills,
tablets, caplets, capsules, or objects |
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| 1 | | containing in them or having upon them
any amount
of a | 2 | | substance listed in paragraph (1), (2), (2.1), (2.2), (3), | 3 | | (14.1), (19),
(20), (20.1), (21), (25), or (26)
of | 4 | | subsection (d) of Section 204, or an analog or derivative | 5 | | thereof;
| 6 | | (8) 30 grams or more of any substance containing | 7 | | pentazocine or any of
the salts, isomers and salts of | 8 | | isomers of pentazocine, or an analog thereof;
| 9 | | (9) 30 grams or more of any substance containing | 10 | | methaqualone or any of
the salts, isomers and salts of | 11 | | isomers of methaqualone, or an analog thereof;
| 12 | | (10) 30 grams or more of any substance containing | 13 | | phencyclidine or any
of the salts, isomers and salts of | 14 | | isomers of phencyclidine (PCP),
or an analog thereof;
| 15 | | (10.5) 30 grams or more of any substance containing | 16 | | ketamine
or any of the salts, isomers and salts of isomers | 17 | | of ketamine,
or an analog thereof;
| 18 | | (10.6) 100 grams or more of any substance containing | 19 | | hydrocodone, or any of the salts, isomers and salts of | 20 | | isomers of hydrocodone, or an analog thereof; | 21 | | (10.7) (blank); | 22 | | (10.8) 100 grams or more of any substance containing | 23 | | dihydrocodeine, or any of the salts, isomers and salts of | 24 | | isomers of dihydrocodeine, or an analog thereof; | 25 | | (10.9) 100 grams or more of any substance containing | 26 | | oxycodone, or any of the salts, isomers and salts of |
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| 1 | | isomers of oxycodone, or an analog thereof; | 2 | | (11) 200 grams or more of any substance containing any | 3 | | other controlled
substance classified in Schedules I or II, | 4 | | or an analog thereof, which is
not otherwise included in | 5 | | this subsection.
| 6 | | (b) Any person sentenced with respect to violations of | 7 | | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | 8 | | involving
100 grams or
more of the
controlled substance named | 9 | | therein, may in addition to the penalties
provided therein, be | 10 | | fined an amount not more than $500,000 or the full
street value | 11 | | of the controlled or counterfeit substance or controlled | 12 | | substance
analog, whichever is greater. The term "street value" | 13 | | shall have the
meaning ascribed in Section 110-5 of the Code of | 14 | | Criminal Procedure of
1963. Any person sentenced with respect | 15 | | to any other provision of
subsection (a), may in addition to | 16 | | the penalties provided therein, be fined
an amount not to | 17 | | exceed $500,000. | 18 | | (b-1) Excluding violations of this Act when the controlled | 19 | | substance is fentanyl, any person sentenced to a term of | 20 | | imprisonment with respect to violations of Section 401, 401.1, | 21 | | 405, 405.1, 405.2, or 407, when the substance containing the | 22 | | controlled substance contains any amount of fentanyl, 6 3 years | 23 | | shall be added to the term of imprisonment imposed by the | 24 | | court, and the maximum sentence for the offense shall be | 25 | | increased by 6 3 years.
| 26 | | (c) Any person who violates this Section with regard to the
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| 1 | | following amounts of controlled or counterfeit substances
or | 2 | | controlled substance analogs, notwithstanding any of the | 3 | | provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) | 4 | | to the
contrary, is guilty of a Class 1 felony. The fine for | 5 | | violation of this
subsection (c) shall not be more than | 6 | | $250,000:
| 7 | | (1) 1 gram or more but less than 15 grams of any
| 8 | | substance containing heroin, or an analog thereof;
| 9 | | (1.5) (blank) 1 gram or more but less than 15 grams of | 10 | | any substance containing fentanyl, or an analog thereof ; | 11 | | (2) 1 gram or more but less than 15
grams of any | 12 | | substance containing cocaine, or an analog thereof;
| 13 | | (3) 10 grams or more but less than 15 grams of any | 14 | | substance
containing morphine, or an analog thereof;
| 15 | | (4) 50 grams or more but less than 200 grams of any | 16 | | substance
containing peyote, or an analog thereof;
| 17 | | (5) 50 grams or more but less than 200 grams of any | 18 | | substance
containing a derivative of barbituric acid or any | 19 | | of the salts of a
derivative of barbituric acid, or an | 20 | | analog thereof;
| 21 | | (6) 50 grams or more but less than 200 grams of any | 22 | | substance
containing amphetamine or any salt of an optical | 23 | | isomer
of amphetamine, or an analog thereof;
| 24 | | (6.5) (blank);
| 25 | | (7)(i) 5 grams or more but less than 15 grams of any | 26 | | substance
containing lysergic acid diethylamide (LSD), or |
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| 1 | | an analog thereof,
or (ii)
more than 10 objects or more | 2 | | than 10 segregated parts of an object or objects
but less | 3 | | than 15 objects or less than 15 segregated parts of an | 4 | | object
containing in them or having upon them any amount of | 5 | | any substance
containing lysergic acid diethylamide (LSD), | 6 | | or an analog thereof;
| 7 | | (7.5)(i) 5 grams or more but less than 15 grams of any | 8 | | substance listed
in paragraph (1), (2), (2.1), (2.2), (3), | 9 | | (14.1), (19), (20), (20.1), (21), (25), or
(26) of | 10 | | subsection (d) of Section 204, or an analog or derivative | 11 | | thereof, or
(ii) more than 10 pills, tablets, caplets, | 12 | | capsules, or objects but less than
15 pills, tablets, | 13 | | caplets, capsules, or objects containing in them or having
| 14 | | upon them any amount of any substance listed in paragraph | 15 | | (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), | 16 | | (21), (25), or (26) of subsection (d) of
Section 204, or an | 17 | | analog or derivative thereof;
| 18 | | (8) 10 grams or more but less than 30 grams of any | 19 | | substance
containing pentazocine or any of the salts, | 20 | | isomers and salts of isomers of
pentazocine, or an analog | 21 | | thereof;
| 22 | | (9) 10 grams or more but less than 30 grams of any | 23 | | substance
containing methaqualone or any of the salts, | 24 | | isomers and salts of isomers
of methaqualone, or an analog | 25 | | thereof;
| 26 | | (10) 10 grams or more but less than 30 grams of any |
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| 1 | | substance
containing phencyclidine or any of the salts, | 2 | | isomers and salts of isomers
of phencyclidine (PCP), or an | 3 | | analog thereof;
| 4 | | (10.5) 10 grams or more but less than 30 grams of any | 5 | | substance
containing ketamine or any of the salts, isomers | 6 | | and salts of
isomers of ketamine, or an analog thereof;
| 7 | | (10.6) 50 grams or more but less than 100 grams of any | 8 | | substance containing hydrocodone, or any of the salts, | 9 | | isomers and salts of isomers of hydrocodone, or an analog | 10 | | thereof; | 11 | | (10.7) (blank); | 12 | | (10.8) 50 grams or more but less than 100 grams of any | 13 | | substance containing dihydrocodeine, or any of the salts, | 14 | | isomers and salts of isomers of dihydrocodeine, or an | 15 | | analog thereof; | 16 | | (10.9) 50 grams or more but less than 100 grams of any | 17 | | substance containing oxycodone, or any of the salts, | 18 | | isomers and salts of isomers of oxycodone, or an analog | 19 | | thereof; | 20 | | (11) 50 grams or more but less than 200 grams of any | 21 | | substance
containing a substance classified in Schedules I | 22 | | or II, or an analog
thereof, which is not otherwise | 23 | | included in this subsection.
| 24 | | (c-5) (Blank).
| 25 | | (d) Any person who violates this Section with regard to any | 26 | | other
amount of a controlled or counterfeit substance |
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| 1 | | containing dihydrocodeine or classified in
Schedules I or II, | 2 | | or an analog thereof, which is (i) a narcotic
drug, (ii) | 3 | | lysergic acid diethylamide (LSD) or an analog thereof,
(iii) | 4 | | any
substance containing amphetamine or fentanyl or any salt or | 5 | | optical
isomer of amphetamine or fentanyl, or an analog | 6 | | thereof, or (iv) any
substance containing N-Benzylpiperazine | 7 | | (BZP) or any salt or optical
isomer of N-Benzylpiperazine | 8 | | (BZP), or an analog thereof, is guilty
of a Class 2 felony. The | 9 | | fine for violation of this subsection (d) shall
not be more | 10 | | than $200,000.
| 11 | | (d-5) (Blank).
| 12 | | (e) Any person who violates this Section with regard to any | 13 | | other
amount of a controlled substance other than | 14 | | methamphetamine or counterfeit substance classified in
| 15 | | Schedule I or II, or an analog thereof, which substance is not
| 16 | | included under subsection (d) of this Section, is
guilty of a | 17 | | Class 3 felony. The fine for violation of this subsection (e)
| 18 | | shall not be more than $150,000.
| 19 | | (f) Any person who violates this Section with regard to any | 20 | | other
amount of a controlled or counterfeit substance | 21 | | classified in
Schedule III is guilty of a Class 3 felony. The | 22 | | fine for violation of
this subsection (f) shall not be more | 23 | | than $125,000.
| 24 | | (g) Any person who violates this Section with regard to any | 25 | | other
amount of a controlled or counterfeit substance | 26 | | classified
in Schedule IV is guilty of a Class 3 felony. The |
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| 1 | | fine for violation of
this subsection (g) shall not be more | 2 | | than $100,000.
| 3 | | (h) Any person who violates this Section with regard to any | 4 | | other
amount of a controlled or counterfeit substance | 5 | | classified in
Schedule V is guilty of a Class 3 felony. The | 6 | | fine for violation of this
subsection (h) shall not be more | 7 | | than $75,000.
| 8 | | (i) This Section does not apply to the manufacture, | 9 | | possession or
distribution of a substance in conformance with | 10 | | the provisions of an approved
new drug application or an | 11 | | exemption for investigational use within the
meaning of Section | 12 | | 505 of the Federal Food, Drug and Cosmetic Act.
| 13 | | (j) (Blank).
| 14 | | (Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17; | 15 | | 100-368, eff. 1-1-18 .)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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