DONAHUE-MAITLAND. (BRUNSVOLD-NOVAK-GASH) 720 ILCS 600/2 from Ch. 56 1/2, par. 2102 720 ILCS 600/4 from Ch. 56 1/2, par. 2104 Amends the Drug Paraphernalia Control Act. Defines drug paraphernalia to include any item described as drug paraphernalia that is advertised as a replica or decorative device or display item. Exempts these items when they are rendered entirely unworkable or unusable in all of their parts and functions so that they cannot be used or retrofitted for use as functioning drug paraphernalia devices. Eliminates exemption for items that are marketed for the processing or use of tobacco or other lawful substances and have not historically and customarily been used in connection with these purposes. Effective immediately. SENATE AMENDMENT NO. 1. Adds reference to: 720 ILCS 600/6 from Ch. 56 1/2, par. 2106 Changes definition of drug paraphernalia to include equipment, products, and materials that are primarily intended or designed for (rather than peculiar to and marketed for) the manufacture, growing, storage, concealing, ingesting, injection, or inhalation of cannabis or controlled substances. Includes certain items in those that constitute drug paraphernalia. Provides that in determining whether an item of drug paraphernalia is exempt the direct or circumstantial evidence of the ratio of sales of the items to the total sales of tobacco products should be considered. Deletes provision that draws an inference in favor of the legitimacy of the transaction or item. FISCAL NOTE (Dpt. Corrections) Fiscal and corrections population impacts are minimal. CORRECTIONAL NOTE No change from DOC fiscal note. JUDICIAL NOTE There may be an increase in judicial workloads; it is not pos- sible to determine impact on the number of judges needed. STATE MANDATES FISCAL NOTE (DCCA) SB128 fails to create a State mandate. HOUSE AMENDMENT NO. 1. Deletes provision that includes in the definition of drug paraphernalia certain described items that are advertised or sold as replicas or decorative devices or display items. In purpose provisions of the Act declares that the Act is intended to suppress the commercial traffic in and possession of items that are clearly and beyond a reasonable doubt primarily intended or designed (rather than marketed) for the illegal use of cannabis or controlled substances. 97-01-23 S FIRST READING 97-01-23 S REFERRED TO SENATE RULES COMMITTEE RULES 97-01-28 S ASSIGNED TO COMMITTEE JUDICIARY 97-03-05 S POSTPONED 97-03-12 S AMENDMENT NO. 01-JUDICIARY S 97-03-12 S ADOPTED 97-03-12 S DO PASS AS AMENDED 009-000-001 SJUD 97-03-12 S PLACED ON CALENDAR ORDER OF 2ND READING 97-03-13 97-03-13 S SECOND READING 97-03-13 S PLACED ON CALENDAR ORDER OF 3RD READING 97-03-14 97-03-14 S THIRD READING - PASSED 054-002-000 97-03-14 H ARRIVE IN HOUSE 97-03-14 H PLACED CALENDAR ORDER OF FIRST READING 97-03-19 H HOUSE SPONSOR BRUNSVOLD 97-03-19 H FIRST READING 97-03-19 H REFERRED TO HOUSE RULES COMMITTEE RULES 97-03-21 H ASSIGNED TO COMMITTEE JUD-CRIMINAL 97-04-29 H FISCAL NOTE FILED 97-04-29 H CORRECTIONAL NOTE FILED 97-04-29 H COMMITTEE JUD-CRIMINAL 97-05-02 H JUDICIAL NOTE FILED 97-05-02 H COMMITTEE JUD-CRIMINAL 97-05-06 H STATE MANDATES FISCAL NOTE FILED 97-05-06 H COMMITTEE JUD-CRIMINAL 97-05-06 H ADDED AS A JOINT SPONSOR NOVAK 97-05-06 H ADDED AS A JOINT SPONSOR GASH 97-05-08 H AMENDMENT NO. 01-JUD-CRIMINAL H 97-05-08 H ADOPTED 97-05-08 H MOTION DO PASS AS AMENDED-LOST 002-004-006 HJUB 97-05-08 H REMAINS IN COMMITTEE JUD-CRIMINAL 97-05-08 H RE-REFERRED TO RULES COMM/RULE 19(A) RULES HRUL 99-01-12 S SESSION SINE DIE END OF INQUIRY Full Text Bill Summary