Bill Text: IL HB0352 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Controlled Substances Act. Increases the minimum penalties by 3 years for knowingly manufacturing or delivering, or possessing with intent to manufacture or deliver, 15 grams or more of heroin.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB0352 Detail]

Download: Illinois-2017-HB0352-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0352 Introduced , by Rep. David McSweeney SYNOPSIS AS INTRODUCED:
720 ILCS 570/401 from Ch. 56 1/2, par. 1401
Amends the Illinois Controlled Substances Act. Increases the minimum penalties by 3 years for knowingly manufacturing or delivering, or possessing with intent to manufacture or deliver, 15 grams or more of heroin.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
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 Illinois Controlled Substances Act is
amended by changing Section 401 as follows:
(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
Sec. 401. Manufacture or delivery, or possession with
intent to manufacture or deliver, a controlled substance, a
counterfeit substance, or controlled substance analog. Except
as authorized by this Act, it is unlawful for any person
knowingly to manufacture or deliver, or possess with intent to
manufacture or deliver, a controlled substance other than
methamphetamine and other than bath salts as defined in the
Bath Salts Prohibition Act sold or offered for sale in a retail
mercantile establishment as defined in Section 16-0.1 of the
Criminal Code of 2012, a counterfeit substance, or a controlled
substance analog. A violation of this Act with respect to each
of the controlled substances listed herein constitutes a single
and separate violation of this Act. For purposes of this
Section, "controlled substance analog" or "analog" means a
substance, other than a controlled substance, that has a
chemical structure substantially similar to that of a
controlled substance in Schedule I or II, or that was

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specifically designed to produce an effect substantially
similar to that of a controlled substance in Schedule I or II.
Examples of chemical classes in which controlled substance
analogs are found include, but are not limited to, the
following: phenethylamines, N-substituted piperidines,
morphinans, ecgonines, quinazolinones, substituted indoles,
and arylcycloalkylamines. For purposes of this Act, a
controlled substance analog shall be treated in the same manner
as the controlled substance to which it is substantially
similar.
(a) Any person who violates this Section with respect to
the following amounts of controlled or counterfeit substances
or controlled substance analogs, notwithstanding any of the
provisions of subsections (c), (d), (e), (f), (g) or (h) to the
contrary, is guilty of a Class X felony and shall be sentenced
to a term of imprisonment as provided in this subsection (a)
and fined as provided in subsection (b):
(1) (A) not less than 9 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing heroin, or an
analog thereof;
(B) not less than 12 9 years and not more than 40
years with respect to 100 grams or more but less than
400 grams of a substance containing heroin, or an
analog thereof;
(C) not less than 15 12 years and not more than 50

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years with respect to 400 grams or more but less than
900 grams of a substance containing heroin, or an
analog thereof;
(D) not less than 18 15 years and not more than 60
years with respect to 900 grams or more of any
substance containing heroin, or an analog thereof;
(1.5) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing fentanyl, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less than
400 grams of a substance containing fentanyl, or an
analog thereof;
(C) not less than 12 years and not more than 50
years with respect to 400 grams or more but less than
900 grams of a substance containing fentanyl, or an
analog thereof;
(D) not less than 15 years and not more than 60
years with respect to 900 grams or more of a substance
containing fentanyl, or an analog thereof;
(2) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing cocaine, or an
analog thereof;
(B) not less than 9 years and not more than 40

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years with respect to 100 grams or more but less than
400 grams of a substance containing cocaine, or an
analog thereof;
(C) not less than 12 years and not more than 50
years with respect to 400 grams or more but less than
900 grams of a substance containing cocaine, or an
analog thereof;
(D) not less than 15 years and not more than 60
years with respect to 900 grams or more of any
substance containing cocaine, or an analog thereof;
(3) (A) not less than 6 years and not more than 30
years with respect to 15 grams or more but less than
100 grams of a substance containing morphine, or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to 100 grams or more but less than
400 grams of a substance containing morphine, or an
analog thereof;
(C) not less than 12 years and not more than 50
years with respect to 400 grams or more but less than
900 grams of a substance containing morphine, or an
analog thereof;
(D) not less than 15 years and not more than 60
years with respect to 900 grams or more of a substance
containing morphine, or an analog thereof;
(4) 200 grams or more of any substance containing

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peyote, or an analog thereof;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a
derivative of barbituric acid, or an analog thereof;
(6) 200 grams or more of any substance containing
amphetamine or any salt of an optical isomer of
amphetamine, or an analog thereof;
(6.5) (blank);
(6.6) (blank);
(7) (A) not less than 6 years and not more than 30
years with respect to: (i) 15 grams or more but less
than 100 grams of a substance containing lysergic acid
diethylamide (LSD), or an analog thereof, or (ii) 15 or
more objects or 15 or more segregated parts of an
object or objects but less than 200 objects or 200
segregated parts of an object or objects containing in
them or having upon them any amounts of any substance
containing lysergic acid diethylamide (LSD), or an
analog thereof;
(B) not less than 9 years and not more than 40
years with respect to: (i) 100 grams or more but less
than 400 grams of a substance containing lysergic acid
diethylamide (LSD), or an analog thereof, or (ii) 200
or more objects or 200 or more segregated parts of an
object or objects but less than 600 objects or less
than 600 segregated parts of an object or objects

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containing in them or having upon them any amount of
any substance containing lysergic acid diethylamide
(LSD), or an analog thereof;
(C) not less than 12 years and not more than 50
years with respect to: (i) 400 grams or more but less
than 900 grams of a substance containing lysergic acid
diethylamide (LSD), or an analog thereof, or (ii) 600
or more objects or 600 or more segregated parts of an
object or objects but less than 1500 objects or 1500
segregated parts of an object or objects containing in
them or having upon them any amount of any substance
containing lysergic acid diethylamide (LSD), or an
analog thereof;
(D) not less than 15 years and not more than 60
years with respect to: (i) 900 grams or more of any
substance containing lysergic acid diethylamide (LSD),
or an analog thereof, or (ii) 1500 or more objects or
1500 or more segregated parts of an object or objects
containing in them or having upon them any amount of a
substance containing lysergic acid diethylamide (LSD),
or an analog thereof;
(7.5) (A) not less than 6 years and not more than 30
years with respect to: (i) 15 grams or more but less
than 100 grams of a substance listed in paragraph (1),
(2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
(21), (25), or (26) of subsection (d) of Section 204,

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or an analog or derivative thereof, or (ii) 15 or more
pills, tablets, caplets, capsules, or objects but less
than 200 pills, tablets, caplets, capsules, or objects
containing in them or having upon them any amounts of
any substance listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
(26) of subsection (d) of Section 204, or an analog or
derivative thereof;
(B) not less than 9 years and not more than 40
years with respect to: (i) 100 grams or more but less
than 400 grams of a substance listed in paragraph (1),
(2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
(21), (25), or (26) of subsection (d) of Section 204,
or an analog or derivative thereof, or (ii) 200 or more
pills, tablets, caplets, capsules, or objects but less
than 600 pills, tablets, caplets, capsules, or objects
containing in them or having upon them any amount of
any substance listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
(26) of subsection (d) of Section 204, or an analog or
derivative thereof;
(C) not less than 12 years and not more than 50
years with respect to: (i) 400 grams or more but less
than 900 grams of a substance listed in paragraph (1),
(2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
(21), (25), or (26) of subsection (d) of Section 204,

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or an analog or derivative thereof, or (ii) 600 or more
pills, tablets, caplets, capsules, or objects but less
than 1,500 pills, tablets, caplets, capsules, or
objects containing in them or having upon them any
amount of any substance listed in paragraph (1), (2),
(2.1), (2.2), (3), (14.1), (19), (20), (20.1), (21),
(25), or (26) of subsection (d) of Section 204, or an
analog or derivative thereof;
(D) not less than 15 years and not more than 60
years with respect to: (i) 900 grams or more of any
substance listed in paragraph (1), (2), (2.1), (2.2),
(3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or
derivative thereof, or (ii) 1,500 or more pills,
tablets, caplets, capsules, or objects containing in
them or having upon them any amount of a substance
listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of
subsection (d) of Section 204, or an analog or
derivative thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of
isomers of pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of
isomers of methaqualone, or an analog thereof;

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(10) 30 grams or more of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP), or an analog thereof;
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of isomers
of ketamine, or an analog thereof;
(10.6) 100 grams or more of any substance containing
hydrocodone, or any of the salts, isomers and salts of
isomers of hydrocodone, or an analog thereof;
(10.7) 100 grams or more of any substance containing
dihydrocodeinone, or any of the salts, isomers and salts of
isomers of dihydrocodeinone, or an analog thereof;
(10.8) 100 grams or more of any substance containing
dihydrocodeine, or any of the salts, isomers and salts of
isomers of dihydrocodeine, or an analog thereof;
(10.9) 100 grams or more of any substance containing
oxycodone, or any of the salts, isomers and salts of
isomers of oxycodone, or an analog thereof;
(11) 200 grams or more of any substance containing any
other controlled substance classified in Schedules I or II,
or an analog thereof, which is not otherwise included in
this subsection.
(b) Any person sentenced with respect to violations of
paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
involving 100 grams or more of the controlled substance named
therein, may in addition to the penalties provided therein, be

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fined an amount not more than $500,000 or the full street value
of the controlled or counterfeit substance or controlled
substance analog, whichever is greater. The term "street value"
shall have the meaning ascribed in Section 110-5 of the Code of
Criminal Procedure of 1963. Any person sentenced with respect
to any other provision of subsection (a), may in addition to
the penalties provided therein, be fined an amount not to
exceed $500,000.
(b-1) Excluding violations of this Act when the controlled
substance is fentanyl, any person sentenced to a term of
imprisonment with respect to violations of Section 401, 401.1,
405, 405.1, 405.2, or 407, when the substance containing the
controlled substance contains any amount of fentanyl, 3 years
shall be added to the term of imprisonment imposed by the
court, and the maximum sentence for the offense shall be
increased by 3 years.
(c) Any person who violates this Section with regard to the
following amounts of controlled or counterfeit substances or
controlled substance analogs, notwithstanding any of the
provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
to the contrary, is guilty of a Class 1 felony. The fine for
violation of this subsection (c) shall not be more than
$250,000:
(1) 1 gram or more but less than 15 grams of any
substance containing heroin, or an analog thereof;
(1.5) 1 gram or more but less than 15 grams of any

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substance containing fentanyl, or an analog thereof;
(2) 1 gram or more but less than 15 grams of any
substance containing cocaine, or an analog thereof;
(3) 10 grams or more but less than 15 grams of any
substance containing morphine, or an analog thereof;
(4) 50 grams or more but less than 200 grams of any
substance containing peyote, or an analog thereof;
(5) 50 grams or more but less than 200 grams of any
substance containing a derivative of barbituric acid or any
of the salts of a derivative of barbituric acid, or an
analog thereof;
(6) 50 grams or more but less than 200 grams of any
substance containing amphetamine or any salt of an optical
isomer of amphetamine, or an analog thereof;
(6.5) (blank);
(7) (i) 5 grams or more but less than 15 grams of any
substance containing lysergic acid diethylamide (LSD), or
an analog thereof, or (ii) more than 10 objects or more
than 10 segregated parts of an object or objects but less
than 15 objects or less than 15 segregated parts of an
object containing in them or having upon them any amount of
any substance containing lysergic acid diethylamide (LSD),
or an analog thereof;
(7.5) (i) 5 grams or more but less than 15 grams of any
substance listed in paragraph (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20), (20.1), (21), (25), or (26) of

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subsection (d) of Section 204, or an analog or derivative
thereof, or (ii) more than 10 pills, tablets, caplets,
capsules, or objects but less than 15 pills, tablets,
caplets, capsules, or objects containing in them or having
upon them any amount of any substance listed in paragraph
(1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
(21), (25), or (26) of subsection (d) of Section 204, or an
analog or derivative thereof;
(8) 10 grams or more but less than 30 grams of any
substance containing pentazocine or any of the salts,
isomers and salts of isomers of pentazocine, or an analog
thereof;
(9) 10 grams or more but less than 30 grams of any
substance containing methaqualone or any of the salts,
isomers and salts of isomers of methaqualone, or an analog
thereof;
(10) 10 grams or more but less than 30 grams of any
substance containing phencyclidine or any of the salts,
isomers and salts of isomers of phencyclidine (PCP), or an
analog thereof;
(10.5) 10 grams or more but less than 30 grams of any
substance containing ketamine or any of the salts, isomers
and salts of isomers of ketamine, or an analog thereof;
(10.6) 50 grams or more but less than 100 grams of any
substance containing hydrocodone, or any of the salts,
isomers and salts of isomers of hydrocodone, or an analog

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thereof;
(10.7) 50 grams or more but less than 100 grams of any
substance containing dihydrocodeinone, or any of the
salts, isomers and salts of isomers of dihydrocodeinone, or
an analog thereof;
(10.8) 50 grams or more but less than 100 grams of any
substance containing dihydrocodeine, or any of the salts,
isomers and salts of isomers of dihydrocodeine, or an
analog thereof;
(10.9) 50 grams or more but less than 100 grams of any
substance containing oxycodone, or any of the salts,
isomers and salts of isomers of oxycodone, or an analog
thereof;
(11) 50 grams or more but less than 200 grams of any
substance containing a substance classified in Schedules I
or II, or an analog thereof, which is not otherwise
included in this subsection.
(c-5) (Blank).
(d) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
containing dihydrocodeinone or dihydrocodeine or classified in
Schedules I or II, or an analog thereof, which is (i) a
narcotic drug, (ii) lysergic acid diethylamide (LSD) or an
analog thereof, (iii) any substance containing amphetamine or
fentanyl or any salt or optical isomer of amphetamine or
fentanyl, or an analog thereof, or (iv) any substance

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containing N-Benzylpiperazine (BZP) or any salt or optical
isomer of N-Benzylpiperazine (BZP), or an analog thereof, is
guilty of a Class 2 felony. The fine for violation of this
subsection (d) shall not be more than $200,000.
(d-5) (Blank).
(e) Any person who violates this Section with regard to any
other amount of a controlled substance other than
methamphetamine or counterfeit substance classified in
Schedule I or II, or an analog thereof, which substance is not
included under subsection (d) of this Section, is guilty of a
Class 3 felony. The fine for violation of this subsection (e)
shall not be more than $150,000.
(f) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
classified in Schedule III is guilty of a Class 3 felony. The
fine for violation of this subsection (f) shall not be more
than $125,000.
(g) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
classified in Schedule IV is guilty of a Class 3 felony. The
fine for violation of this subsection (g) shall not be more
than $100,000.
(h) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance
classified in Schedule V is guilty of a Class 3 felony. The
fine for violation of this subsection (h) shall not be more

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than $75,000.
(i) This Section does not apply to the manufacture,
possession or distribution of a substance in conformance with
the provisions of an approved new drug application or an
exemption for investigational use within the meaning of Section
505 of the Federal Food, Drug and Cosmetic Act.
(j) (Blank).
(Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17.)