Public Act 098-0980
 
HB4093 EnrolledLRB098 15651 RLC 50682 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Methamphetamine Control and Community
Protection Act is amended by changing Section 15 as follows:
 
    (720 ILCS 646/15)
    Sec. 15. Participation in methamphetamine manufacturing.
    (a) Participation in methamphetamine manufacturing.
        (1) It is unlawful to knowingly participate in the
    manufacture of methamphetamine with the intent that
    methamphetamine or a substance containing methamphetamine
    be produced.
        (2) A person who violates paragraph (1) of this
    subsection (a) is subject to the following penalties:
            (A) A person who participates in the manufacture of
        less than 15 grams of methamphetamine or a substance
        containing methamphetamine is guilty of a Class 1
        felony.
            (B) A person who participates in the manufacture of
        15 or more grams but less than 100 grams of
        methamphetamine or a substance containing
        methamphetamine is guilty of a Class X felony, subject
        to a term of imprisonment of not less than 6 years and
        not more than 30 years, and subject to a fine not to
        exceed $100,000 or the street value of the
        methamphetamine manufactured, whichever is greater.
            (C) A person who participates in the manufacture of
        100 or more grams but less than 400 grams of
        methamphetamine or a substance containing
        methamphetamine is guilty of a Class X felony, subject
        to a term of imprisonment of not less than 9 years and
        not more than 40 years, and subject to a fine not to
        exceed $200,000 or the street value of the
        methamphetamine manufactured, whichever is greater.
            (D) A person who participates in the manufacture of
        400 or more grams but less than 900 grams of
        methamphetamine or a substance containing
        methamphetamine is guilty of a Class X felony, subject
        to a term of imprisonment of not less than 12 years and
        not more than 50 years, and subject to a fine not to
        exceed $300,000 or the street value of the
        methamphetamine manufactured, whichever is greater.
            (E) A person who participates in the manufacture of
        900 grams or more of methamphetamine or a substance
        containing methamphetamine is guilty of a Class X
        felony, subject to a term of imprisonment of not less
        than 15 years and not more than 60 years, and subject
        to a fine not to exceed $400,000 or the street value of
        the methamphetamine, whichever is greater.
    (b) Aggravated participation in methamphetamine
manufacturing.
        (1) It is unlawful to engage in aggravated
    participation in the manufacture of methamphetamine. A
    person engages in aggravated participation in the
    manufacture of methamphetamine when the person violates
    paragraph (1) of subsection (a) and:
            (A) the person knowingly does so in a multi-unit
        dwelling;
            (B) the person knowingly does so in a structure or
        vehicle where a child under the age of 18, a person
        with a disability, or a person 60 years of age or older
        who is incapable of adequately providing for his or her
        own health and personal care resides, is present, or is
        endangered by the manufacture of methamphetamine;
            (C) the person does so in a structure or vehicle
        where a woman the person knows to be pregnant
        (including but not limited to the person herself)
        resides, is present, or is endangered by the
        methamphetamine manufacture;
            (D) the person knowingly does so in a structure or
        vehicle protected by one or more firearms, explosive
        devices, booby traps, alarm systems, surveillance
        systems, guard dogs, or dangerous animals;
            (E) the methamphetamine manufacturing in which the
        person participates is a contributing cause of the
        death, serious bodily injury, disability, or
        disfigurement of another person, including but not
        limited to an emergency service provider;
            (F) the methamphetamine manufacturing in which the
        person participates is a contributing cause of a fire
        or explosion that damages property belonging to
        another person;
            (G) the person knowingly organizes, directs, or
        finances the methamphetamine manufacturing or
        activities carried out in support of the
        methamphetamine manufacturing; or
            (H) the methamphetamine manufacturing occurs
        within 1,000 feet of a place of worship or parsonage,
        or within 1,000 feet of the real property comprising
        any school.
        (2) A person who violates paragraph (1) of this
    subsection (b) is subject to the following penalties:
            (A) A person who participates in the manufacture of
        less than 15 grams of methamphetamine or a substance
        containing methamphetamine is guilty of a Class X
        felony, subject to a term of imprisonment of not less
        than 6 years and not more than 30 years, and subject to
        a fine not to exceed $100,000 or the street value of
        the methamphetamine, whichever is greater.
            (B) A person who participates in the manufacture of
        15 or more grams but less than 100 grams of
        methamphetamine or a substance containing
        methamphetamine is guilty of a Class X felony, subject
        to a term of imprisonment of not less than 9 years and
        not more than 40 years, and subject to a fine not to
        exceed $200,000 or the street value of the
        methamphetamine, whichever is greater.
            (C) A person who participates in the manufacture of
        100 or more grams but less than 400 grams of
        methamphetamine or a substance containing
        methamphetamine is guilty of a Class X felony, subject
        to a term of imprisonment of not less than 12 years and
        not more than 50 years, and subject to a fine not to
        exceed $300,000 or the street value of the
        methamphetamine, whichever is greater.
            (D) A person who participates in the manufacture of
        400 grams or more of methamphetamine or a substance
        containing methamphetamine is guilty of a Class X
        felony, subject to a term of imprisonment of not less
        than 15 years and not more than 60 years, and subject
        to a fine not to exceed $400,000 or the street value of
        the methamphetamine, whichever is greater.
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06;
95-571, eff. 6-1-08.)