Bill Text: IL HB0160 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Cannabis Control Act. Provides that the enhanced penalties for delivering cannabis in a school or on school property do not apply to a violation in or on the grounds of a building that is designated as a school but is no longer operational or active as a school, including a building that is temporarily or permanently closed by a unit of local government. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Passed) 2019-08-22 - Effective Date August 20, 2019 [HB0160 Detail]

Download: Illinois-2019-HB0160-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0160 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
720 ILCS 550/5.2 from Ch. 56 1/2, par. 705.2
Amends the Cannabis Control Act. Provides that the enhanced penalties for delivering cannabis in a school or on school property only apply to an offense committed in or on the grounds of an active and operational school when school is in session, children are present, or when school related activity occurs. Exempts from a violation an enrolled student at the school. Effective immediately.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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, other than an enrolled student, 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 500 feet of the 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 of 18 are present, 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;

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(b) Any person, other than an enrolled student, 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 500 feet of the 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 of 18 are present, 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, other than an enrolled student, 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 students to or from
school or a school related activity, or on any public way
within 500 feet of the 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 of 18 are present, the offense is committed during school

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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, other than an enrolled student, 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 500 feet of the 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 of 18 are present, 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 4 felony, the fine for which shall not
exceed $25,000;
(e) Any person, other than an enrolled student, who
violates subsection (a) of Section 5 in any school, on the real
property comprising any school, or in any conveyance owned,
leased or contracted by a school to transport students to or

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from school or a school related activity, on any public way
within 500 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 of 18 are present, 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.
(f) In this Section:
"Charter school" has the meaning ascribed to the term
in Section 27A-5 of the School Code.
"Enrolled student" means a student registered at the
active and operational public, private, charter, or
parochial elementary or secondary school, community
college, college, or university where the offense takes
place.
"School" means an active and operational public,
private, charter, or parochial elementary or secondary
school, community college, college, or university and
includes the grounds of an active and operational school,
if the offense is committed when school is in session,
children are present, or when school related activity
occurs; and "school related activity" means any sporting,

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social, academic, or other activity for which students'
attendance or participation is sponsored, organized, or
funded in whole or in part by a school or school district.
(Source: P.A. 100-3, eff. 1-1-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.