Bill Amendment: IL HB0355 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SCHOOL DRUG FREE ZONE

Status: 2015-03-27 - House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [HB0355 Detail]

Download: Illinois-2015-HB0355-House_Amendment_001.html

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Rep. Michael J. Zalewski

Filed: 3/10/2015

09900HB0355ham001 LRB099 04010 RLC 31918 a
AMENDMENT TO HOUSE BILL 355
AMENDMENT NO. ______. Amend House Bill 355 by replacing
everything after the enacting clause with the following:
"Section 5. The Cannabis Control Act is amended by changing
Section 5.2 as follows:
(720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
Sec. 5.2. Delivery of cannabis on school grounds.
(a) Any person who violates subsection (e) of Section 5 in
any school, on the real property comprising any school, or any
conveyance owned, leased or contracted by a school to transport
students to or from school or a school related activity, or on
any public way within 1,000 feet of the real property
comprising any school, or any conveyance owned, leased or
contracted by a school to transport students to or from school
or a school related activity, and at the time of the violation
persons under the age 18 are present, other than the person who

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committed the offense, the offense is committed during school
hours, or the offense is committed at times when persons under
the age of 18 are reasonably expected to be present in the
school, in the conveyance, on the real property, or on the
public way, such as when after-school activities are occurring,
is guilty of a Class 1 felony, the fine for which shall not
exceed $200,000;
(b) Any person who violates subsection (d) of Section 5 in
any school, on the real property comprising any school, or any
conveyance owned, leased or contracted by a school to transport
students to or from school or a school related activity, or on
any public way within 1,000 feet of the real property
comprising any school, or any conveyance owned, leased or
contracted by a school to transport students to or from school
or a school related activity, and at the time of the violation
persons under the age 18 are present, other than the person who
committed the offense, the offense is committed during school
hours, or the offense is committed at times when persons under
the age of 18 are reasonably expected to be present in the
school, in the conveyance, on the real property, or on the
public way, such as when after-school activities are occurring,
is guilty of a Class 2 felony, the fine for which shall not
exceed $100,000;
(c) Any person who violates subsection (c) of Section 5 in
any school, on the real property comprising any school, or any
conveyance owned, leased or contracted by a school to transport

09900HB0355ham001 - 3 - LRB099 04010 RLC 31918 a
students to or from school or a school related activity, or on
any public way within 1,000 feet of the real property
comprising any school, or any conveyance owned, leased or
contracted by a school to transport students to or from school
or a school related activity, and at the time of the violation
persons under the age 18 are present, other than the person who
committed the offense, the offense is committed during school
hours, or the offense is committed at times when persons under
the age of 18 are reasonably expected to be present in the
school, in the conveyance, on the real property, or on the
public way, such as when after-school activities are occurring,
is guilty of a Class 3 felony, the fine for which shall not
exceed $50,000;
(d) Any person who violates subsection (b) of Section 5 in
any school, on the real property comprising any school, or any
conveyance owned, leased or contracted by a school to transport
students to or from school or a school related activity, or on
any public way within 1,000 feet of the real property
comprising any school, or any conveyance owned, leased or
contracted by a school to transport students to or from school
or a school related activity, and at the time of the violation
persons under the age 18 are present, other than the person who
committed the offense, the offense is committed during school
hours, or the offense is committed at times when persons under
the age of 18 are reasonably expected to be present in the
school, in the conveyance, on the real property, or on the

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public way, such as when after-school activities are occurring,
is guilty of a Class 4 felony, the fine for which shall not
exceed $25,000;
(e) Any person who violates subsection (a) of Section 5 in
any school, on the real property comprising any school, or any
conveyance owned, leased or contracted by a school to transport
students to or from school or a school related activity, on any
public way within 1,000 feet of the real property comprising
any school, or any conveyance owned, leased or contracted by a
school to transport students to or from school or a school
related activity, and at the time of the violation persons
under the age 18 are present, other than the person who
committed the offense, the offense is committed during school
hours, or the offense is committed at times when persons under
the age of 18 are reasonably expected to be present in the
school, in the conveyance, on the real property, or on the
public way, such as when after-school activities are occurring,
is guilty of a Class A misdemeanor.
(Source: P.A. 87-544.)
Section 10. The Illinois Controlled Substances Act is
amended by changing Section 407 as follows:
(720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
Sec. 407. (a) (1)(A) Any person 18 years of age or over who
violates any subsection of Section 401 or subsection (b) of

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Section 404 by delivering a controlled, counterfeit or
look-alike substance to a person under 18 years of age may be
sentenced to imprisonment for a term up to twice the maximum
term and fined an amount up to twice that amount otherwise
authorized by the pertinent subsection of Section 401 and
Subsection (b) of Section 404.
(B) (Blank).
(2) Except as provided in paragraph (3) of this subsection,
any person who violates:
(A) subsection (c) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is guilty
of a Class 1 felony, the fine for which shall not exceed
$250,000;
(B) subsection (d) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is guilty
of a Class 2 felony, the fine for which shall not exceed
$200,000;
(C) subsection (e) of Section 401 or subsection (b) of
Section 404 by delivering or possessing with intent to
deliver a controlled, counterfeit, or look-alike substance
in or on, or within 1,000 feet of, a truck stop or safety
rest area, is guilty of a Class 3 felony, the fine for

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which shall not exceed $150,000;
(D) subsection (f) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is guilty
of a Class 3 felony, the fine for which shall not exceed
$125,000;
(E) subsection (g) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is guilty
of a Class 3 felony, the fine for which shall not exceed
$100,000;
(F) subsection (h) of Section 401 by delivering or
possessing with intent to deliver a controlled,
counterfeit, or look-alike substance in or on, or within
1,000 feet of, a truck stop or safety rest area, is guilty
of a Class 3 felony, the fine for which shall not exceed
$75,000;
(3) Any person who violates paragraph (2) of this
subsection (a) by delivering or possessing with intent to
deliver a controlled, counterfeit, or look-alike substance in
or on, or within 1,000 feet of a truck stop or a safety rest
area, following a prior conviction or convictions of paragraph
(2) of this subsection (a) may be sentenced to a term of
imprisonment up to 2 times the maximum term and fined an amount

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up to 2 times the amount otherwise authorized by Section 401.
(4) For the purposes of this subsection (a):
(A) "Safety rest area" means a roadside facility
removed from the roadway with parking and facilities
designed for motorists' rest, comfort, and information
needs; and
(B) "Truck stop" means any facility (and its parking
areas) used to provide fuel or service, or both, to any
commercial motor vehicle as defined in Section 18b-101 of
the Illinois Vehicle Code.
(b) Any person who violates:
(1) subsection (c) of Section 401 is guilty of a Class
X felony the fine for which shall not exceed $500,000 if he
or she commits the violation:
(A) in any school, or any conveyance owned, leased
or contracted by a school to transport students to or
from school or a school related activity, or on the
real property comprising any school, or within 1,000
feet of the real property comprising any school, and at
the time of the violation persons under the age 18 are
present, other than the person who committed the
offense, the offense is committed during school hours,
or the offense is committed at times when persons under
the age of 18 are reasonably expected to be present in
the school, in the conveyance, or on the real property,
such as when after-school activities are occurring,

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(B) on residential property owned, operated or
managed by a public housing agency or leased by a
public housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or managed by a public housing agency
or leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park or within 1,000 feet of the real property
comprising any school or residential property owned,
operated or managed by a public housing agency or
leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park,
(C) on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or within 1,000 feet
of the real property comprising any church, synagogue,
or other building, structure, or place used primarily
for religious worship, or
(D) on the real property comprising any of the
following places, buildings, or structures used
primarily for housing or providing space for
activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing
complexes, or senior centers oriented toward daytime

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activities, or within 1,000 feet of the real property
comprising any of the following places, buildings, or
structures used primarily for housing or providing
space for activities for senior citizens: nursing
homes, assisted-living centers, senior citizen housing
complexes, or senior centers oriented toward daytime
activities is guilty of a Class X felony, the fine for
which shall not exceed $500,000;
(2) subsection (d) of Section 401 is guilty of a Class
1 felony the fine for which shall not exceed $250,000 if he
or she commits the violation:
(A) in any school, or any conveyance owned, leased
or contracted by a school to transport students to or
from school or a school related activity, or on the
real property comprising any school, or within 1,000
feet of the real property comprising any school, and at
the time of the violation persons under the age 18 are
present, other than the person who committed the
offense, the offense is committed during school hours,
or the offense is committed at times when persons under
the age of 18 are reasonably expected to be present in
the school, in the conveyance, or on the real property,
such as when after-school activities are occurring,
(B) on residential property owned, operated or
managed by a public housing agency or leased by a
public housing agency as part of a scattered site or

09900HB0355ham001 - 10 - LRB099 04010 RLC 31918 a
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or managed by a public housing agency
or leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park or within 1,000 feet of the real property
comprising any school or residential property owned,
operated or managed by a public housing agency or
leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park,
(C) on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or within 1,000 feet
of the real property comprising any church, synagogue,
or other building, structure, or place used primarily
for religious worship, or
(D) on the real property comprising any of the
following places, buildings, or structures used
primarily for housing or providing space for
activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing
complexes, or senior centers oriented toward daytime
activities, or within 1,000 feet of the real property
comprising any of the following places, buildings, or
structures used primarily for housing or providing

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space for activities for senior citizens: nursing
homes, assisted-living centers, senior citizen housing
complexes, or senior centers oriented toward daytime
activities is guilty of a Class 1 felony, the fine for
which shall not exceed $250,000;
(3) subsection (e) of Section 401 or Subsection (b) of
Section 404 is guilty of a Class 2 felony the fine for
which shall not exceed $200,000 if he or she commits the
violation:
(A) in any school, or any conveyance owned, leased
or contracted by a school to transport students to or
from school or a school related activity, or on the
real property comprising any school, or within 1,000
feet of the real property comprising any school, and at
the time of the violation persons under the age 18 are
present, other than the person who committed the
offense, the offense is committed during school hours,
or the offense is committed at times when persons under
the age of 18 are reasonably expected to be present in
the school, in the conveyance, or on the real property,
such as when after-school activities are occurring,
(B) on residential property owned, operated or
managed by a public housing agency or leased by a
public housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property

09900HB0355ham001 - 12 - LRB099 04010 RLC 31918 a
owned, operated or managed by a public housing agency
or leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park or within 1,000 feet of the real property
comprising any school or residential property owned,
operated or managed by a public housing agency or
leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park,
(C) on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or within 1,000 feet
of the real property comprising any church, synagogue,
or other building, structure, or place used primarily
for religious worship, or
(D) on the real property comprising any of the
following places, buildings, or structures used
primarily for housing or providing space for
activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing
complexes, or senior centers oriented toward daytime
activities, or within 1,000 feet of the real property
comprising any of the following places, buildings, or
structures used primarily for housing or providing
space for activities for senior citizens: nursing
homes, assisted-living centers, senior citizen housing

09900HB0355ham001 - 13 - LRB099 04010 RLC 31918 a
complexes, or senior centers oriented toward daytime
activities is guilty of a Class 2 felony, the fine for
which shall not exceed $200,000;
(4) subsection (f) of Section 401 is guilty of a Class
2 felony the fine for which shall not exceed $150,000 if he
or she commits the violation:
(A) in any school, or any conveyance owned, leased
or contracted by a school to transport students to or
from school or a school related activity, or on the
real property comprising any school, or within 1,000
feet of the real property comprising any school, and at
the time of the violation persons under the age 18 are
present, other than the person who committed the
offense, the offense is committed during school hours,
or the offense is committed at times when persons under
the age of 18 are reasonably expected to be present in
the school, in the conveyance, or on the real property,
such as when after-school activities are occurring,
(B) on residential property owned, operated or
managed by a public housing agency or leased by a
public housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or managed by a public housing agency
or leased by a public housing agency as part of a
scattered site or mixed-income development, or public

09900HB0355ham001 - 14 - LRB099 04010 RLC 31918 a
park or within 1,000 feet of the real property
comprising any school or residential property owned,
operated or managed by a public housing agency or
leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park,
(C) on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or within 1,000 feet
of the real property comprising any church, synagogue,
or other building, structure, or place used primarily
for religious worship, or
(D) on the real property comprising any of the
following places, buildings, or structures used
primarily for housing or providing space for
activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing
complexes, or senior centers oriented toward daytime
activities, or within 1,000 feet of the real property
comprising any of the following places, buildings, or
structures used primarily for housing or providing
space for activities for senior citizens: nursing
homes, assisted-living centers, senior citizen housing
complexes, or senior centers oriented toward daytime
activities is guilty of a Class 2 felony, the fine for
which shall not exceed $150,000;

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(5) subsection (g) of Section 401 is guilty of a Class
2 felony the fine for which shall not exceed $125,000 if he
or she commits the violation:
(A) in any school, or any conveyance owned, leased
or contracted by a school to transport students to or
from school or a school related activity, or on the
real property comprising any school, or within 1,000
feet of the real property comprising any school, and at
the time of the violation persons under the age 18 are
present, other than the person who committed the
offense, the offense is committed during school hours,
or the offense is committed at times when persons under
the age of 18 are reasonably expected to be present in
the school, in the conveyance, or on the real property,
such as when after-school activities are occurring,
(B) on residential property owned, operated or
managed by a public housing agency or leased by a
public housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or managed by a public housing agency
or leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park or within 1,000 feet of the real property
comprising any school or residential property owned,
operated or managed by a public housing agency or

09900HB0355ham001 - 16 - LRB099 04010 RLC 31918 a
leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park,
(C) on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or within 1,000 feet
of the real property comprising any church, synagogue,
or other building, structure, or place used primarily
for religious worship, or
(D) on the real property comprising any of the
following places, buildings, or structures used
primarily for housing or providing space for
activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing
complexes, or senior centers oriented toward daytime
activities, or within 1,000 feet of the real property
comprising any of the following places, buildings, or
structures used primarily for housing or providing
space for activities for senior citizens: nursing
homes, assisted-living centers, senior citizen housing
complexes, or senior centers oriented toward daytime
activities is guilty of a Class 2 felony, the fine for
which shall not exceed $125,000; or
(6) subsection (h) of Section 401 is guilty of a Class
2 felony the fine for which shall not exceed $100,000 if he
or she commits the violation:

09900HB0355ham001 - 17 - LRB099 04010 RLC 31918 a
(A) in any school, or any conveyance owned, leased
or contracted by a school to transport students to or
from school or a school related activity, or on the
real property comprising any school, or within 1,000
feet of the real property comprising any school, and at
the time of the violation persons under the age 18 are
present, other than the person who committed the
offense, the offense is committed during school hours,
or the offense is committed at times when persons under
the age of 18 are reasonably expected to be present in
the school, in the conveyance, or on the real property,
such as when after-school activities are occurring,
(B) on residential property owned, operated or
managed by a public housing agency or leased by a
public housing agency as part of a scattered site or
mixed-income development, or public park, on the real
property comprising any school or residential property
owned, operated or managed by a public housing agency
or leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park or within 1,000 feet of the real property
comprising any school or residential property owned,
operated or managed by a public housing agency or
leased by a public housing agency as part of a
scattered site or mixed-income development, or public
park,

09900HB0355ham001 - 18 - LRB099 04010 RLC 31918 a
(C) on the real property comprising any church,
synagogue, or other building, structure, or place used
primarily for religious worship, or within 1,000 feet
of the real property comprising any church, synagogue,
or other building, structure, or place used primarily
for religious worship, or
(D) on the real property comprising any of the
following places, buildings, or structures used
primarily for housing or providing space for
activities for senior citizens: nursing homes,
assisted-living centers, senior citizen housing
complexes, or senior centers oriented toward daytime
activities, or within 1,000 feet of the real property
comprising any of the following places, buildings, or
structures used primarily for housing or providing
space for activities for senior citizens: nursing
homes, assisted-living centers, senior citizen housing
complexes, or senior centers oriented toward daytime
activities is guilty of a Class 2 felony, the fine for
which shall not exceed $100,000.
(c) (Blank). Regarding penalties prescribed in subsection
(b) for violations committed in a school or on or within 1,000
feet of school property, the time of day, time of year and
whether classes were currently in session at the time of the
offense is irrelevant.
(Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)

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Section 15. The Methamphetamine Control and Community
Protection Act is amended by changing Section 55 as follows:
(720 ILCS 646/55)
Sec. 55. Methamphetamine delivery.
(a) Delivery or possession with intent to deliver
methamphetamine or a substance containing methamphetamine.
(1) It is unlawful knowingly to engage in the delivery
or possession with intent to deliver methamphetamine or a
substance containing methamphetamine.
(2) A person who violates paragraph (1) of this
subsection (a) is subject to the following penalties:
(A) A person who delivers or possesses with intent
to deliver less than 5 grams of methamphetamine or a
substance containing methamphetamine is guilty of a
Class 2 felony.
(B) A person who delivers or possesses with intent
to deliver 5 or more grams but less than 15 grams of
methamphetamine or a substance containing
methamphetamine is guilty of a Class 1 felony.
(C) A person who delivers or possesses with intent
to deliver 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

09900HB0355ham001 - 20 - LRB099 04010 RLC 31918 a
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.
(D) A person who delivers or possesses with intent
to deliver 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, whichever is greater.
(E) A person who delivers or possesses with intent
to deliver 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, whichever is greater.
(F) A person who delivers or possesses with intent
to deliver 900 or more 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 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.

09900HB0355ham001 - 21 - LRB099 04010 RLC 31918 a
(b) Aggravated delivery or possession with intent to
deliver methamphetamine or a substance containing
methamphetamine.
(1) It is unlawful to engage in the aggravated delivery
or possession with intent to deliver methamphetamine or a
substance containing methamphetamine. A person engages in
the aggravated delivery or possession with intent to
deliver methamphetamine or a substance containing
methamphetamine when the person violates paragraph (1) of
subsection (a) of this Section and:
(A) the person is at least 18 years of age and
knowingly delivers or possesses with intent to deliver
the methamphetamine or substance containing
methamphetamine to a person under 18 years of age;
(B) the person is at least 18 years of age and
knowingly uses, engages, employs, or causes another
person to use, engage, or employ a person under 18
years of age to deliver the methamphetamine or
substance containing methamphetamine;
(C) the person knowingly delivers or possesses
with intent to deliver the methamphetamine or
substance containing methamphetamine in any structure
or vehicle protected by one or more firearms, explosive
devices, booby traps, alarm systems, surveillance
systems, guard dogs, or dangerous animals;
(D) the person knowingly delivers or possesses

09900HB0355ham001 - 22 - LRB099 04010 RLC 31918 a
with intent to deliver the methamphetamine or
substance containing methamphetamine in any school, on
any real property comprising any school, or in any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a
school-related activity, and at the time of the
violation persons under the age 18 are present, other
than the person who committed the offense, the offense
is committed during school hours, or the offense is
committed at times when persons under the age of 18 are
reasonably expected to be present in the school, in the
conveyance, or on the real property, such as when
after-school activities are occurring;
(E) the person delivers or causes another person to
deliver the methamphetamine or substance containing
methamphetamine to a woman that the person knows to be
pregnant; or
(F) (blank).
(2) A person who violates paragraph (1) of this
subsection (b) is subject to the following penalties:
(A) A person who delivers or possesses with intent
to deliver less than 5 grams of methamphetamine or a
substance containing methamphetamine is guilty of a
Class 1 felony.
(B) A person who delivers or possesses with intent
to deliver 5 or more grams but less than 15 grams of

09900HB0355ham001 - 23 - LRB099 04010 RLC 31918 a
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.
(C) A person who delivers or possesses with intent
to deliver 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 8 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.
(D) A person who delivers or possesses with intent
to deliver 100 or more 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 10 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.
(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)".