State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]


92_HB5649

 
                                               LRB9214598RCsb

 1        AN   ACT   in   relation  to  the  transmission  of  drug
 2    information by the Internet.

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

 5        Section 5.  The Cannabis Control Act is amended by adding
 6    Section 5.3 as follows:

 7        (720 ILCS 550/5.3 new)
 8        Sec.  5.3.  Illegal  transmission of cannabis information
 9    by the Internet.
10        (a)  A person commits the offense of illegal transmission
11    of cannabis information  by  the  Internet  when  he  or  she
12    transmits  information about cannabis by the Internet knowing
13    that the information will be used in furtherance  of  illegal
14    activity.
15        (b)  Illegal  transmission of cannabis information by the
16    Internet is a Class A misdemeanor.
17        (c)  In this Section:
18        "Internet"  means  an  interactive  computer  service  or
19    system or an information service, system, or access  software
20    provider that provides or enables computer access by multiple
21    users  to a computer server, and includes, but is not limited
22    to,  an  information  service,  system,  or  access  software
23    provider that provides access to a  network  system  commonly
24    known  as  the  Internet, or any comparable system or service
25    and also includes, but is not limited to, a  World  Wide  Web
26    page, newsgroup, message board, mailing list, or chat area on
27    any  interactive  computer  service or system or other online
28    service.
29        "Access" and "computer" have  the  meanings  ascribed  to
30    them in Section 16D-2 of the Criminal Code of 1961.
31        (d)  It  is  not  a  violation  of  this  Section  for an
 
                            -2-                LRB9214598RCsb
 1    employee of a public library or a library of  an  institution
 2    of  higher  learning  to  provide a person access to Internet
 3    services  through  the  library's  computer  network  or  the
 4    library's computer if, without knowledge by the  employee  of
 5    the  library,  the patron of the library transmits, by use of
 6    the library's computer access to the Internet, information in
 7    violation of this Section.

 8        Section 10.  The Illinois Controlled  Substances  Act  is
 9    amended by adding Section 407.3 as follows:

10        (720 ILCS 570/407.3 new)
11        Sec. 407.3.  Illegal transmission of controlled substance
12    information by the Internet.
13        (a)  A person commits the offense of illegal transmission
14    of  controlled  substance information by the Internet when he
15    or she transmits information about a controlled substance  by
16    the  Internet  knowing  that  the information will be used in
17    furtherance of illegal activity.
18        (b)  Illegal   transmission   of   controlled   substance
19    information by the Internet is a Class A misdemeanor.
20        (c)  In this Section:
21        "Internet"  means  an  interactive  computer  service  or
22    system or an information service, system, or access  software
23    provider that provides or enables computer access by multiple
24    users  to a computer server, and includes, but is not limited
25    to,  an  information  service,  system,  or  access  software
26    provider that provides access to a  network  system  commonly
27    known  as  the  Internet, or any comparable system or service
28    and also includes, but is not limited to, a  World  Wide  Web
29    page, newsgroup, message board, mailing list, or chat area on
30    any  interactive  computer  service or system or other online
31    service.
32        "Access" and "computer" have  the  meanings  ascribed  to
 
                            -3-                LRB9214598RCsb
 1    them in Section 16D-2 of the Criminal Code of 1961.
 2        (d)  It  is  not  a  violation  of  this  Section  for an
 3    employee of a public library or a library of  an  institution
 4    of  higher  learning  to  provide a person access to Internet
 5    services  through  the  library's  computer  network  or  the
 6    library's computer if, without knowledge by the  employee  of
 7    the  library,  the patron of the library transmits, by use of
 8    the library's computer access to the Internet, information in
 9    violation of this Section.

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