Illinois General Assembly - Full Text of Public Act 093-0516
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Public Act 093-0516


 

Public Act 93-0516 of the 93rd General Assembly


Public Act 93-0516

HB3072 Enrolled                      LRB093 07811 RLC 08000 b

    AN ACT in relation to criminal offenses.

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

    Section 5. The Criminal Code of 1961 is amended by adding
Section 12-2.6 as follows:

    (720 ILCS 5/12-2.6 new)
    Sec. 12-2.6.  Use of a dangerous place for the commission
of a controlled substance or cannabis offense.
    (a)  A  person  commits the offense of use of a dangerous
place  for  the  commission  of  a  controlled  substance  or
cannabis offense when that person knowingly exercises control
over  any  place  with  the  intent  to  use  that  place  to
manufacture, produce, deliver,  or  possess  with  intent  to
deliver  a  controlled or counterfeit substance or controlled
substance analog in violation of Section 401 of the  Illinois
Controlled   Substances   Act  or  to  manufacture,  produce,
deliver, or  possess  with  intent  to  deliver  cannabis  in
violation  of  Section  5,  5.1, 5.2, 7, or 8 of the Cannabis
Control Act and:
         (1)  the place, by virtue of  the  presence  of  the
    substance  or  substances  used or intended to be used to
    manufacture  a  controlled  or   counterfeit   substance,
    controlled  substance  analog,  or  cannabis,  presents a
    substantial risk of  injury  to  any  person  from  fire,
    explosion,  or  exposure to toxic or noxious chemicals or
    gas; or
         (2)  the place  used  or  intended  to  be  used  to
    manufacture,  produce, deliver, or possess with intent to
    deliver a controlled or counterfeit substance, controlled
    substance analog, or cannabis has located  within  it  or
    surrounding it devices, weapons, chemicals, or explosives
    designed,  hidden,  or  arranged  in  a manner that would
    cause a person to be exposed to  a  substantial  risk  of
    great bodily harm.
    (b)  It  may  be inferred that a place was intended to be
used to manufacture a controlled or counterfeit substance  or
controlled  substance  analog  if  a  substance  containing a
controlled or counterfeit substance or  controlled  substance
analog  or a substance containing a chemical important to the
manufacture of  a  controlled  or  counterfeit  substance  or
controlled  substance  analog  is  found  at the place of the
alleged illegal controlled substance manufacturing  in  close
proximity  to  equipment  or a chemical used for facilitating
the manufacture of the controlled or counterfeit substance or
controlled substance analog that  is  alleged  to  have  been
intended to be manufactured.
    (c)  As  used  in  this Section, "place" means a premise,
conveyance,  or  location  that  offers  seclusion,  shelter,
means,  or   facilitation   for   manufacturing,   producing,
possessing, or possessing with intent to deliver a controlled
or  counterfeit  substance,  controlled  substance analog, or
cannabis.
    (d)  Use of a dangerous place for  the  commission  of  a
controlled substance or cannabis offense is a Class 1 felony.

Effective Date: 01/01/04