Bill Text: IL HB0244 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Criminal Code of 2012, the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act. and the Unified Code of Corrections. Provides that the enhanced penalty for committing an offense in a school or on school property only applies 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. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-05 - Third Reading - Short Debate - Lost 044-068-001 [HB0244 Detail]
Download: Illinois-2017-HB0244-Engrossed.html
| |||||||
| |||||||
| |||||||
| 1 | AN ACT concerning criminal law.
| ||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 5. The Cannabis Control Act is amended by changing | ||||||
| 5 | Section 5.2 as follows:
| ||||||
| 6 | (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
| ||||||
| 7 | Sec. 5.2. Delivery of cannabis on school grounds.
| ||||||
| 8 | (a) Any person, other than an enrolled student, who | ||||||
| 9 | violates subsection (e) of Section 5 in any school,
on the real | ||||||
| 10 | property comprising any school, or any conveyance owned, leased
| ||||||
| 11 | or contracted by a school to transport students to or from | ||||||
| 12 | school or a
school related activity, or on any public way | ||||||
| 13 | within
1,000 feet of the real property comprising any school, | ||||||
| 14 | or any conveyance
owned, leased or contracted by a school to | ||||||
| 15 | transport students to or from
school or a school related | ||||||
| 16 | activity, is guilty of a Class
1 felony, the fine for which | ||||||
| 17 | shall not exceed $200,000;
| ||||||
| 18 | (b) Any person, other than an enrolled student, who | ||||||
| 19 | violates subsection (d) of Section 5 in any school,
on the real | ||||||
| 20 | property comprising any school, or any conveyance owned, leased
| ||||||
| 21 | or contracted by a school to transport students to or from | ||||||
| 22 | school or a
school related activity, or on any public way | ||||||
| 23 | within 1,000 feet of the real
property comprising any school, | ||||||
| |||||||
| |||||||
| 1 | or any conveyance owned, leased or
contracted by a school to | ||||||
| 2 | transport students to or from school or a school
related | ||||||
| 3 | activity, is guilty of a Class 2 felony, the fine for which | ||||||
| 4 | shall
not exceed $100,000;
| ||||||
| 5 | (c) Any person, other than an enrolled student, who | ||||||
| 6 | violates subsection (c) of Section 5 in any school,
on the real | ||||||
| 7 | property comprising any school, or any conveyance owned, leased
| ||||||
| 8 | or contracted by a school to transport students to or from | ||||||
| 9 | school or a
school related activity, or on any public way | ||||||
| 10 | within 1,000 feet of the real
property comprising any school, | ||||||
| 11 | or any conveyance owned, leased or
contracted by a school to | ||||||
| 12 | transport students to or from school or a school
related | ||||||
| 13 | activity, is guilty of a Class 3 felony, the fine for which | ||||||
| 14 | shall
not exceed $50,000;
| ||||||
| 15 | (d) Any person, other than an enrolled student, who | ||||||
| 16 | violates subsection (b) of Section 5 in any school,
on the real | ||||||
| 17 | property comprising any school, or any conveyance owned, leased
| ||||||
| 18 | or contracted by a school to transport students to or from | ||||||
| 19 | school or a
school related activity, or on any public way | ||||||
| 20 | within 1,000 feet of the real
property comprising any school, | ||||||
| 21 | or any conveyance owned, leased or
contracted by a school to | ||||||
| 22 | transport students to or from school or a school
related | ||||||
| 23 | activity, is guilty of a Class 4 felony, the fine for which | ||||||
| 24 | shall
not exceed $25,000;
| ||||||
| 25 | (e) Any person, other than an enrolled student, who | ||||||
| 26 | violates subsection (a) of Section 5 in any school,
on the real | ||||||
| |||||||
| |||||||
| 1 | property comprising any school, or any conveyance owned, leased
| ||||||
| 2 | or contracted by a school to transport students to or from | ||||||
| 3 | school or a
school related activity, on any public way within | ||||||
| 4 | 1,000 feet of the real
property comprising any school, or any | ||||||
| 5 | conveyance owned, leased or
contracted by a school to transport | ||||||
| 6 | students to or from school or a school
related activity, is | ||||||
| 7 | guilty of a Class A misdemeanor.
| ||||||
| 8 | (f) As used in this Section: | ||||||
| 9 | "Charter school" has the meaning ascribed to the term | ||||||
| 10 | in Section 27A-5 of the School Code. | ||||||
| 11 | "Enrolled student" means a student registered at an | ||||||
| 12 | active and operational public, private, charter, or | ||||||
| 13 | parochial elementary or secondary school, community | ||||||
| 14 | college, college, or university. | ||||||
| 15 | "School" means an active and operational public, | ||||||
| 16 | private, charter, or parochial elementary or secondary | ||||||
| 17 | school, community college, college, or university and | ||||||
| 18 | includes the grounds of an active and operational school, | ||||||
| 19 | if the offense is committed when school is in session, | ||||||
| 20 | children are present, or when school related activity | ||||||
| 21 | occurs; and "school related activity" means any sporting, | ||||||
| 22 | social, academic, or other
activity for which students' | ||||||
| 23 | attendance or participation is sponsored,
organized, or | ||||||
| 24 | funded in whole or in part by a school or school district. | ||||||
| 25 | (Source: P.A. 87-544.)
| ||||||
| 26 | Section 99. Effective date. This Act takes effect upon | ||||||
| |||||||
| |||||||
| 1 | becoming law.
| ||||||
