Illinois General Assembly - Full Text of HB4093
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Full Text of HB4093  98th General Assembly

HB4093enr 98TH GENERAL ASSEMBLY



 


 
HB4093 EnrolledLRB098 15651 RLC 50682 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Methamphetamine Control and Community
5Protection Act is amended by changing Section 15 as follows:
 
6    (720 ILCS 646/15)
7    Sec. 15. Participation in methamphetamine manufacturing.
8    (a) Participation in methamphetamine manufacturing.
9        (1) It is unlawful to knowingly participate in the
10    manufacture of methamphetamine with the intent that
11    methamphetamine or a substance containing methamphetamine
12    be produced.
13        (2) A person who violates paragraph (1) of this
14    subsection (a) is subject to the following penalties:
15            (A) A person who participates in the manufacture of
16        less than 15 grams of methamphetamine or a substance
17        containing methamphetamine is guilty of a Class 1
18        felony.
19            (B) A person who participates in the manufacture of
20        15 or more grams but less than 100 grams of
21        methamphetamine or a substance containing
22        methamphetamine is guilty of a Class X felony, subject
23        to a term of imprisonment of not less than 6 years and

 

 

HB4093 Enrolled- 2 -LRB098 15651 RLC 50682 b

1        not more than 30 years, and subject to a fine not to
2        exceed $100,000 or the street value of the
3        methamphetamine manufactured, whichever is greater.
4            (C) A person who participates in the manufacture of
5        100 or more grams but less than 400 grams of
6        methamphetamine or a substance containing
7        methamphetamine is guilty of a Class X felony, subject
8        to a term of imprisonment of not less than 9 years and
9        not more than 40 years, and subject to a fine not to
10        exceed $200,000 or the street value of the
11        methamphetamine manufactured, whichever is greater.
12            (D) A person who participates in the manufacture of
13        400 or more grams but less than 900 grams of
14        methamphetamine or a substance containing
15        methamphetamine is guilty of a Class X felony, subject
16        to a term of imprisonment of not less than 12 years and
17        not more than 50 years, and subject to a fine not to
18        exceed $300,000 or the street value of the
19        methamphetamine manufactured, whichever is greater.
20            (E) A person who participates in the manufacture of
21        900 grams or more of methamphetamine or a substance
22        containing methamphetamine is guilty of a Class X
23        felony, subject to a term of imprisonment of not less
24        than 15 years and not more than 60 years, and subject
25        to a fine not to exceed $400,000 or the street value of
26        the methamphetamine, whichever is greater.

 

 

HB4093 Enrolled- 3 -LRB098 15651 RLC 50682 b

1    (b) Aggravated participation in methamphetamine
2manufacturing.
3        (1) It is unlawful to engage in aggravated
4    participation in the manufacture of methamphetamine. A
5    person engages in aggravated participation in the
6    manufacture of methamphetamine when the person violates
7    paragraph (1) of subsection (a) and:
8            (A) the person knowingly does so in a multi-unit
9        dwelling;
10            (B) the person knowingly does so in a structure or
11        vehicle where a child under the age of 18, a person
12        with a disability, or a person 60 years of age or older
13        who is incapable of adequately providing for his or her
14        own health and personal care resides, is present, or is
15        endangered by the manufacture of methamphetamine;
16            (C) the person does so in a structure or vehicle
17        where a woman the person knows to be pregnant
18        (including but not limited to the person herself)
19        resides, is present, or is endangered by the
20        methamphetamine manufacture;
21            (D) the person knowingly does so in a structure or
22        vehicle protected by one or more firearms, explosive
23        devices, booby traps, alarm systems, surveillance
24        systems, guard dogs, or dangerous animals;
25            (E) the methamphetamine manufacturing in which the
26        person participates is a contributing cause of the

 

 

HB4093 Enrolled- 4 -LRB098 15651 RLC 50682 b

1        death, serious bodily injury, disability, or
2        disfigurement of another person, including but not
3        limited to an emergency service provider;
4            (F) the methamphetamine manufacturing in which the
5        person participates is a contributing cause of a fire
6        or explosion that damages property belonging to
7        another person;
8            (G) the person knowingly organizes, directs, or
9        finances the methamphetamine manufacturing or
10        activities carried out in support of the
11        methamphetamine manufacturing; or
12            (H) the methamphetamine manufacturing occurs
13        within 1,000 feet of a place of worship or parsonage,
14        or within 1,000 feet of the real property comprising
15        any school.
16        (2) A person who violates paragraph (1) of this
17    subsection (b) is subject to the following penalties:
18            (A) A person who participates in the manufacture of
19        less than 15 grams of methamphetamine or a substance
20        containing methamphetamine is guilty of a Class X
21        felony, subject to a term of imprisonment of not less
22        than 6 years and not more than 30 years, and subject to
23        a fine not to exceed $100,000 or the street value of
24        the methamphetamine, whichever is greater.
25            (B) A person who participates in the manufacture of
26        15 or more grams but less than 100 grams of

 

 

HB4093 Enrolled- 5 -LRB098 15651 RLC 50682 b

1        methamphetamine or a substance containing
2        methamphetamine is guilty of a Class X felony, subject
3        to a term of imprisonment of not less than 9 years and
4        not more than 40 years, and subject to a fine not to
5        exceed $200,000 or the street value of the
6        methamphetamine, whichever is greater.
7            (C) A person who participates in the manufacture of
8        100 or more grams but less than 400 grams of
9        methamphetamine or a substance containing
10        methamphetamine is guilty of a Class X felony, subject
11        to a term of imprisonment of not less than 12 years and
12        not more than 50 years, and subject to a fine not to
13        exceed $300,000 or the street value of the
14        methamphetamine, whichever is greater.
15            (D) A person who participates in the manufacture of
16        400 grams or more of methamphetamine or a substance
17        containing methamphetamine is guilty of a Class X
18        felony, subject to a term of imprisonment of not less
19        than 15 years and not more than 60 years, and subject
20        to a fine not to exceed $400,000 or the street value of
21        the methamphetamine, whichever is greater.
22(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06;
2395-571, eff. 6-1-08.)