HB2332ham002 98TH GENERAL ASSEMBLY

Rep. La Shawn K. Ford

Filed: 3/12/2013

09800HB2332ham002 LRB098 06288 RLC 42754 a

AMENDMENT TO HOUSE BILL 2332

AMENDMENT NO. ______. Amend House Bill 2332 by replacing everything after the enacting clause with the following:

"Section 5. The Counties Code is amended by adding Section 5-1005.1 as follows:

(55 ILCS 5/5-1005.1 new)

Sec. 5-1005.1. Cannabis possession of no more than 15 grams. Notwithstanding subsection (a), (b), or (c) of Section 4 of the Cannabis Control Act to the contrary, a county board may adopt an ordinance or resolution that declares possession of not more than 15 grams of cannabis a petty offense. The county board may determine the amount of the fine to be imposed for possession of not more than 15 grams of cannabis. The county board may adopt a uniform citation form to be issued by the sheriff who arrests a person for possession of not more than 15 grams of cannabis. If the county board adopts a uniform citation form, the sheriff may instead of arresting the person for possession of cannabis issue a notice to appear as provided in Section 107-12 of the Code of Criminal Procedure of 1963. As used in this Section, "cannabis" has the meaning ascribed to it in Section 3 of the Cannabis Control Act.

Section 10. The Illinois Municipal Code is amended by adding Section 11-5-11 as follows:

(65 ILCS 5/11-5-11 new)

Sec. 11-5-11. Cannabis possession of no more than 15 grams. Notwithstanding subsection (a), (b), or (c) of Section 4 of the Cannabis Control Act to the contrary, a municipality may adopt an ordinance or resolution that declares possession of not more than 15 grams of cannabis a petty offense. The municipality may determine the amount of the fine to be imposed for possession of not more than 15 grams of cannabis. The municipality may adopt a uniform citation form to be issued by a peace officer who arrests a person for possession of not more than 15 grams of cannabis. If the municipality adopts a uniform citation form, a peace officer may instead of arresting the person for possession of cannabis issue a notice to appear as provided in Section 107-12 of the Code of Criminal Procedure of 1963. As used in this Section, "cannabis" has the meaning ascribed to it in Section 3 of the Cannabis Control Act.

Section 15. The Cannabis Control Act is amended by changing Section 4 as follows:

(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)

Sec. 4. Except as otherwise provided in Section 5-1005.1 of the Counties Code or Section 11-5-11 of the Illinois Municipal Code, it It is unlawful for any person knowingly to possess cannabis. Any person who violates this section with respect to:

(a) not more than 2.5 grams of any substance containing cannabis is guilty of a Class C misdemeanor;

(b) more than 2.5 grams but not more than 10 grams of any substance containing cannabis is guilty of a Class B misdemeanor;

(c) more than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class A misdemeanor; provided, that if any offense under this subsection (c) is a subsequent offense, the offender shall be guilty of a Class 4 felony;

(d) more than 30 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class 4 felony; provided that if any offense under this subsection (d) is a subsequent offense, the offender shall be guilty of a Class 3 felony;

(e) more than 500 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 3 felony;

(f) more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 2 felony;

(g) more than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony.

(Source: P.A. 90-397, eff. 8-15-97.)

Section 20. The Local Governmental and Governmental Employees Tort Immunity Act is amended by adding Section 4-108 as follows:

(745 ILCS 10/4-108 new)

Sec. 4-108. Failure to enforce State cannabis laws. Neither a local public entity nor a public employee is liable, except for willful or wanton conduct, for failure to enforce subsection (a), (b), or (c) of Section 4 of the Cannabis Control Act concerning the possession of 15 grams or less of cannabis in a county or municipality that has adopted an ordinance or resolution that declares possession of not more than 15 grams of cannabis a petty offense.

Section 99. Effective date. This Act takes effect upon becoming law.".