Illinois General Assembly - Full Text of HB3072
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Full Text of HB3072  93rd General Assembly

HB3072enr 93rd General Assembly


093_HB3072enr

 
HB3072 Enrolled                      LRB093 07811 RLC 08000 b

 1        AN ACT in relation to criminal offenses.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Criminal Code of 1961 is amended by adding
 5    Section 12-2.6 as follows:

 6        (720 ILCS 5/12-2.6 new)
 7        Sec. 12-2.6.  Use of a dangerous place for the commission
 8    of a controlled substance or cannabis offense.
 9        (a)  A person commits the offense of use of  a  dangerous
10    place  for  the  commission  of  a  controlled  substance  or
11    cannabis offense when that person knowingly exercises control
12    over  any  place  with  the  intent  to  use  that  place  to
13    manufacture,  produce,  deliver,  or  possess  with intent to
14    deliver a controlled or counterfeit substance  or  controlled
15    substance  analog in violation of Section 401 of the Illinois
16    Controlled  Substances  Act  or  to   manufacture,   produce,
17    deliver,  or  possess  with  intent  to  deliver  cannabis in
18    violation of Section 5, 5.1, 5.2, 7, or  8  of  the  Cannabis
19    Control Act and:
20             (1)  the  place,  by  virtue  of the presence of the
21        substance or substances used or intended to  be  used  to
22        manufacture   a   controlled  or  counterfeit  substance,
23        controlled substance  analog,  or  cannabis,  presents  a
24        substantial  risk  of  injury  to  any  person from fire,
25        explosion, or exposure to toxic or noxious  chemicals  or
26        gas; or
27             (2)  the  place  used  or  intended  to  be  used to
28        manufacture, produce, deliver, or possess with intent  to
29        deliver a controlled or counterfeit substance, controlled
30        substance  analog,  or  cannabis has located within it or
31        surrounding it devices, weapons, chemicals, or explosives
 
HB3072 Enrolled             -2-      LRB093 07811 RLC 08000 b
 1        designed, hidden, or arranged  in  a  manner  that  would
 2        cause  a  person  to  be exposed to a substantial risk of
 3        great bodily harm.
 4        (b)  It may be inferred that a place was intended  to  be
 5    used  to manufacture a controlled or counterfeit substance or
 6    controlled substance  analog  if  a  substance  containing  a
 7    controlled  or  counterfeit substance or controlled substance
 8    analog or a substance containing a chemical important to  the
 9    manufacture  of  a  controlled  or  counterfeit  substance or
10    controlled substance analog is found  at  the  place  of  the
11    alleged  illegal  controlled substance manufacturing in close
12    proximity to equipment or a chemical  used  for  facilitating
13    the manufacture of the controlled or counterfeit substance or
14    controlled  substance  analog  that  is  alleged to have been
15    intended to be manufactured.
16        (c)  As used in this Section, "place"  means  a  premise,
17    conveyance,  or  location  that  offers  seclusion,  shelter,
18    means,   or   facilitation   for   manufacturing,  producing,
19    possessing, or possessing with intent to deliver a controlled
20    or counterfeit substance,  controlled  substance  analog,  or
21    cannabis.
22        (d)  Use  of  a  dangerous  place for the commission of a
23    controlled substance or cannabis offense is a Class 1 felony.