Bill Text: IL HB4331 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Illinois Controlled Substances Act. Increases the penalties by 3 years for a minimum sentence and 10 years for a maximum sentence for the knowing manufacture or delivery or possession with intent to manufacture or deliver 15 grams or more of any substance containing fentanyl, or an analog thereof. Provides that the knowing manufacture or delivery or possession with intent to manufacture or deliver 15 grams or more of any substance containing fentanyl, or an analog thereof of one gram or more but less than 15 grams of any substance containing fentanyl, or an analog thereof is a Class X (rather than a Class 1) felony. Provides that excluding violations of the Act when the controlled substance is fentanyl, any person sentenced to a term of imprisonment with respect to violations of these provisions, controlled substance trafficking, calculated criminal drug conspiracy, criminal drug conspiracy, streetgang criminal drug conspiracy, or delivery of controlled substances to persons under 18 years of age or at truck stops, safety rest areas, or school, when the substance containing the controlled substance contains any amount of fentanyl, 6 (rather than 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 6 (rather than 3) years. With respect to the offense of controlled substance trafficking, if the substance trafficked contains any amount of fentanyl, a person convicted of controlled substance trafficking shall be sentenced to a term of imprisonment not less than 3 times the minimum term and fined an amount as authorized by this Act, based upon the amount of fentanyl brought or caused to be brought into the State, and not more than 3 times the maximum term of imprisonment and fined 3 times the amount as authorized by this Act, based upon the amount of fentanyl brought or caused to be brought into the State.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-02-01 - Added Co-Sponsor Rep. Kevin Schmidt [HB4331 Detail]

Download: Illinois-2023-HB4331-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4331

Introduced , by Rep. John M. Cabello

SYNOPSIS AS INTRODUCED:
720 ILCS 570/401 from Ch. 56 1/2, par. 1401
720 ILCS 570/401.1 from Ch. 56 1/2, par. 1401.1

Amends the Illinois Controlled Substances Act. Increases the penalties by 3 years for a minimum sentence and 10 years for a maximum sentence for the knowing manufacture or delivery or possession with intent to manufacture or deliver 15 grams or more of any substance containing fentanyl, or an analog thereof. Provides that the knowing manufacture or delivery or possession with intent to manufacture or deliver 15 grams or more of any substance containing fentanyl, or an analog thereof of one gram or more but less than 15 grams of any substance containing fentanyl, or an analog thereof is a Class X (rather than a Class 1) felony. Provides that excluding violations of the Act when the controlled substance is fentanyl, any person sentenced to a term of imprisonment with respect to violations of these provisions, controlled substance trafficking, calculated criminal drug conspiracy, criminal drug conspiracy, streetgang criminal drug conspiracy, or delivery of controlled substances to persons under 18 years of age or at truck stops, safety rest areas, or school, when the substance containing the controlled substance contains any amount of fentanyl, 6 (rather than 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 6 (rather than 3) years. With respect to the offense of controlled substance trafficking, if the substance trafficked contains any amount of fentanyl, a person convicted of controlled substance trafficking shall be sentenced to a term of imprisonment not less than 3 times the minimum term and fined an amount as authorized by this Act, based upon the amount of fentanyl brought or caused to be brought into the State, and not more than 3 times the maximum term of imprisonment and fined 3 times the amount as authorized by this Act, based upon the amount of fentanyl brought or caused to be brought into the State.
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A BILL FOR

HB4331LRB103 35079 RLC 65033 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Controlled Substances Act is
5amended by changing Sections 401 and 401.1 as follows:
6 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
7 Sec. 401. Manufacture or delivery, or possession with
8intent to manufacture or deliver, a controlled substance, a
9counterfeit substance, or controlled substance analog. Except
10as authorized by this Act, it is unlawful for any person
11knowingly to manufacture or deliver, or possess with intent to
12manufacture or deliver, a controlled substance other than
13methamphetamine and other than bath salts as defined in the
14Bath Salts Prohibition Act sold or offered for sale in a retail
15mercantile establishment as defined in Section 16-0.1 of the
16Criminal Code of 2012, a counterfeit substance, or a
17controlled substance analog. A violation of this Act with
18respect to each of the controlled substances listed herein
19constitutes a single and separate violation of this Act. For
20purposes of this Section, "controlled substance analog" or
21"analog" means a substance, other than a controlled substance,
22which is not approved by the United States Food and Drug
23Administration or, if approved, is not dispensed or possessed

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1in accordance with State or federal law, and that has a
2chemical structure substantially similar to that of a
3controlled substance in Schedule I or II, or that was
4specifically designed to produce an effect substantially
5similar to that of a controlled substance in Schedule I or II.
6Examples of chemical classes in which controlled substance
7analogs are found include, but are not limited to, the
8following: phenethylamines, N-substituted piperidines,
9morphinans, ecgonines, quinazolinones, substituted indoles,
10and arylcycloalkylamines. For purposes of this Act, a
11controlled substance analog shall be treated in the same
12manner as the controlled substance to which it is
13substantially similar.
14 (a) Any person who violates this Section with respect to
15the following amounts of controlled or counterfeit substances
16or controlled substance analogs, notwithstanding any of the
17provisions of subsections (c), (d), (e), (f), (g) or (h) to the
18contrary, is guilty of a Class X felony and shall be sentenced
19to a term of imprisonment as provided in this subsection (a)
20and fined as provided in subsection (b):
21 (1)(A) not less than 6 years and not more than 30 years
22 with respect to 15 grams or more but less than 100 grams of
23 a substance containing heroin, or an analog thereof;
24 (B) not less than 9 years and not more than 40 years
25 with respect to 100 grams or more but less than 400 grams
26 of a substance containing heroin, or an analog thereof;

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1 (C) not less than 12 years and not more than 50 years
2 with respect to 400 grams or more but less than 900 grams
3 of a substance containing heroin, or an analog thereof;
4 (D) not less than 15 years and not more than 60 years
5 with respect to 900 grams or more of any substance
6 containing heroin, or an analog thereof;
7 (1.5)(A) not less than 9 6 years and not more than 40
8 30 years with respect to 15 grams or more but less than 100
9 grams of a substance containing fentanyl, or an analog
10 thereof;
11 (B) not less than 12 9 years and not more than 50 40
12 years with respect to 100 grams or more but less than 400
13 grams of a substance containing fentanyl, or an analog
14 thereof;
15 (C) not less than 15 12 years and not more than 60 50
16 years with respect to 400 grams or more but less than 900
17 grams of a substance containing fentanyl, or an analog
18 thereof;
19 (D) not less than 18 15 years and not more than 70 60
20 years with respect to 900 grams or more of a substance
21 containing fentanyl, or an analog thereof;
22 (2)(A) not less than 6 years and not more than 30 years
23 with respect to 15 grams or more but less than 100 grams of
24 a substance containing cocaine, or an analog thereof;
25 (B) not less than 9 years and not more than 40 years
26 with respect to 100 grams or more but less than 400 grams

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1 of a substance containing cocaine, or an analog thereof;
2 (C) not less than 12 years and not more than 50 years
3 with respect to 400 grams or more but less than 900 grams
4 of a substance containing cocaine, or an analog thereof;
5 (D) not less than 15 years and not more than 60 years
6 with respect to 900 grams or more of any substance
7 containing cocaine, or an analog thereof;
8 (3)(A) not less than 6 years and not more than 30 years
9 with respect to 15 grams or more but less than 100 grams of
10 a substance containing morphine, or an analog thereof;
11 (B) not less than 9 years and not more than 40 years
12 with respect to 100 grams or more but less than 400 grams
13 of a substance containing morphine, or an analog thereof;
14 (C) not less than 12 years and not more than 50 years
15 with respect to 400 grams or more but less than 900 grams
16 of a substance containing morphine, or an analog thereof;
17 (D) not less than 15 years and not more than 60 years
18 with respect to 900 grams or more of a substance
19 containing morphine, or an analog thereof;
20 (4) 200 grams or more of any substance containing
21 peyote, or an analog thereof;
22 (5) 200 grams or more of any substance containing a
23 derivative of barbituric acid or any of the salts of a
24 derivative of barbituric acid, or an analog thereof;
25 (6) 200 grams or more of any substance containing
26 amphetamine or any salt of an optical isomer of

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1 amphetamine, or an analog thereof;
2 (6.5) (blank);
3 (6.6) (blank);
4 (7)(A) not less than 6 years and not more than 30 years
5 with respect to: (i) 15 grams or more but less than 100
6 grams of a substance containing lysergic acid diethylamide
7 (LSD), or an analog thereof, or (ii) 15 or more objects or
8 15 or more segregated parts of an object or objects but
9 less than 200 objects or 200 segregated parts of an object
10 or objects containing in them or having upon them any
11 amounts of any substance containing lysergic acid
12 diethylamide (LSD), or an analog thereof;
13 (B) not less than 9 years and not more than 40 years
14 with respect to: (i) 100 grams or more but less than 400
15 grams of a substance containing lysergic acid diethylamide
16 (LSD), or an analog thereof, or (ii) 200 or more objects or
17 200 or more segregated parts of an object or objects but
18 less than 600 objects or less than 600 segregated parts of
19 an object or objects containing in them or having upon
20 them any amount of any substance containing lysergic acid
21 diethylamide (LSD), or an analog thereof;
22 (C) not less than 12 years and not more than 50 years
23 with respect to: (i) 400 grams or more but less than 900
24 grams of a substance containing lysergic acid diethylamide
25 (LSD), or an analog thereof, or (ii) 600 or more objects or
26 600 or more segregated parts of an object or objects but

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1 less than 1500 objects or 1500 segregated parts of an
2 object or objects containing in them or having upon them
3 any amount of any substance containing lysergic acid
4 diethylamide (LSD), or an analog thereof;
5 (D) not less than 15 years and not more than 60 years
6 with respect to: (i) 900 grams or more of any substance
7 containing lysergic acid diethylamide (LSD), or an analog
8 thereof, or (ii) 1500 or more objects or 1500 or more
9 segregated parts of an object or objects containing in
10 them or having upon them any amount of a substance
11 containing lysergic acid diethylamide (LSD), or an analog
12 thereof;
13 (7.5)(A) not less than 6 years and not more than 30 years
14 with respect to: (i) 15 grams or more but less than 100
15 grams of a substance listed in paragraph (1), (2), (2.1),
16 (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
17 (26) of subsection (d) of Section 204, or an analog or
18 derivative thereof, or (ii) 15 or more pills, tablets,
19 caplets, capsules, or objects but less than 200 pills,
20 tablets, caplets, capsules, or objects containing in them
21 or having upon them any amounts of any substance listed in
22 paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
23 (20.1), (21), (25), or (26) of subsection (d) of Section
24 204, or an analog or derivative thereof;
25 (B) not less than 9 years and not more than 40 years
26 with respect to: (i) 100 grams or more but less than 400

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1 grams of a substance listed in paragraph (1), (2), (2.1),
2 (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
3 (26) of subsection (d) of Section 204, or an analog or
4 derivative thereof, or (ii) 200 or more pills, tablets,
5 caplets, capsules, or objects but less than 600 pills,
6 tablets, caplets, capsules, or objects containing in them
7 or having upon them any amount of any substance listed in
8 paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
9 (20.1), (21), (25), or (26) of subsection (d) of Section
10 204, or an analog or derivative thereof;
11 (C) not less than 12 years and not more than 50 years
12 with respect to: (i) 400 grams or more but less than 900
13 grams of a substance listed in paragraph (1), (2), (2.1),
14 (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
15 (26) of subsection (d) of Section 204, or an analog or
16 derivative thereof, or (ii) 600 or more pills, tablets,
17 caplets, capsules, or objects but less than 1,500 pills,
18 tablets, caplets, capsules, or objects containing in them
19 or having upon them any amount of any substance listed in
20 paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20),
21 (20.1), (21), (25), or (26) of subsection (d) of Section
22 204, or an analog or derivative thereof;
23 (D) not less than 15 years and not more than 60 years
24 with respect to: (i) 900 grams or more of any substance
25 listed in paragraph (1), (2), (2.1), (2.2), (3), (14.1),
26 (19), (20), (20.1), (21), (25), or (26) of subsection (d)

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1 of Section 204, or an analog or derivative thereof, or
2 (ii) 1,500 or more pills, tablets, caplets, capsules, or
3 objects containing in them or having upon them any amount
4 of a substance listed in paragraph (1), (2), (2.1), (2.2),
5 (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of
6 subsection (d) of Section 204, or an analog or derivative
7 thereof;
8 (8) 30 grams or more of any substance containing
9 pentazocine or any of the salts, isomers and salts of
10 isomers of pentazocine, or an analog thereof;
11 (9) 30 grams or more of any substance containing
12 methaqualone or any of the salts, isomers and salts of
13 isomers of methaqualone, or an analog thereof;
14 (10) 30 grams or more of any substance containing
15 phencyclidine or any of the salts, isomers and salts of
16 isomers of phencyclidine (PCP), or an analog thereof;
17 (10.5) 30 grams or more of any substance containing
18 ketamine or any of the salts, isomers and salts of isomers
19 of ketamine, or an analog thereof;
20 (10.6) 100 grams or more of any substance containing
21 hydrocodone, or any of the salts, isomers and salts of
22 isomers of hydrocodone, or an analog thereof;
23 (10.7) (blank);
24 (10.8) 100 grams or more of any substance containing
25 dihydrocodeine, or any of the salts, isomers and salts of
26 isomers of dihydrocodeine, or an analog thereof;

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1 (10.9) 100 grams or more of any substance containing
2 oxycodone, or any of the salts, isomers and salts of
3 isomers of oxycodone, or an analog thereof;
4 (11) 200 grams or more of any substance containing any
5 other controlled substance classified in Schedules I or
6 II, or an analog thereof, which is not otherwise included
7 in this subsection.
8 (b) Any person sentenced with respect to violations of
9paragraph (1), (2), (3), (7), or (7.5) of subsection (a)
10involving 100 grams or more of the controlled substance named
11therein, may in addition to the penalties provided therein, be
12fined an amount not more than $500,000 or the full street value
13of the controlled or counterfeit substance or controlled
14substance analog, whichever is greater. The term "street
15value" shall have the meaning ascribed in Section 110-5 of the
16Code of Criminal Procedure of 1963. Any person sentenced with
17respect to any other provision of subsection (a), may in
18addition to the penalties provided therein, be fined an amount
19not to exceed $500,000.
20 (b-1) Excluding violations of this Act when the controlled
21substance is fentanyl, any person sentenced to a term of
22imprisonment with respect to violations of Section 401, 401.1,
23405, 405.1, 405.2, or 407, when the substance containing the
24controlled substance contains any amount of fentanyl, 6 3
25years shall be added to the term of imprisonment imposed by the
26court, and the maximum sentence for the offense shall be

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1increased by 6 3 years.
2 (c) Any person who violates this Section with regard to
3the following amounts of controlled or counterfeit substances
4or controlled substance analogs, notwithstanding any of the
5provisions of subsections (a), (b), (d), (e), (f), (g) or (h)
6to the contrary, is guilty of a Class 1 felony. The fine for
7violation of this subsection (c) shall not be more than
8$250,000; except any person who violates this Section with
9regards to paragraph (1.5) of subsection (a) is guilty of a
10Class X felony:
11 (1) 1 gram or more but less than 15 grams of any
12 substance containing heroin, or an analog thereof;
13 (1.5) 1 gram or more but less than 15 grams of any
14 substance containing fentanyl, or an analog thereof;
15 (2) 1 gram or more but less than 15 grams of any
16 substance containing cocaine, or an analog thereof;
17 (3) 10 grams or more but less than 15 grams of any
18 substance containing morphine, or an analog thereof;
19 (4) 50 grams or more but less than 200 grams of any
20 substance containing peyote, or an analog thereof;
21 (5) 50 grams or more but less than 200 grams of any
22 substance containing a derivative of barbituric acid or
23 any of the salts of a derivative of barbituric acid, or an
24 analog thereof;
25 (6) 50 grams or more but less than 200 grams of any
26 substance containing amphetamine or any salt of an optical

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1 isomer of amphetamine, or an analog thereof;
2 (6.5) (blank);
3 (7)(i) 5 grams or more but less than 15 grams of any
4 substance containing lysergic acid diethylamide (LSD), or
5 an analog thereof, or (ii) more than 10 objects or more
6 than 10 segregated parts of an object or objects but less
7 than 15 objects or less than 15 segregated parts of an
8 object containing in them or having upon them any amount
9 of any substance containing lysergic acid diethylamide
10 (LSD), or an analog thereof;
11 (7.5)(i) 5 grams or more but less than 15 grams of any
12 substance listed in paragraph (1), (2), (2.1), (2.2), (3),
13 (14.1), (19), (20), (20.1), (21), (25), or (26) of
14 subsection (d) of Section 204, or an analog or derivative
15 thereof, or (ii) more than 10 pills, tablets, caplets,
16 capsules, or objects but less than 15 pills, tablets,
17 caplets, capsules, or objects containing in them or having
18 upon them any amount of any substance listed in paragraph
19 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1),
20 (21), (25), or (26) of subsection (d) of Section 204, or an
21 analog or derivative thereof;
22 (8) 10 grams or more but less than 30 grams of any
23 substance containing pentazocine or any of the salts,
24 isomers and salts of isomers of pentazocine, or an analog
25 thereof;
26 (9) 10 grams or more but less than 30 grams of any

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1 substance containing methaqualone or any of the salts,
2 isomers and salts of isomers of methaqualone, or an analog
3 thereof;
4 (10) 10 grams or more but less than 30 grams of any
5 substance containing phencyclidine or any of the salts,
6 isomers and salts of isomers of phencyclidine (PCP), or an
7 analog thereof;
8 (10.5) 10 grams or more but less than 30 grams of any
9 substance containing ketamine or any of the salts, isomers
10 and salts of isomers of ketamine, or an analog thereof;
11 (10.6) 50 grams or more but less than 100 grams of any
12 substance containing hydrocodone, or any of the salts,
13 isomers and salts of isomers of hydrocodone, or an analog
14 thereof;
15 (10.7) (blank);
16 (10.8) 50 grams or more but less than 100 grams of any
17 substance containing dihydrocodeine, or any of the salts,
18 isomers and salts of isomers of dihydrocodeine, or an
19 analog thereof;
20 (10.9) 50 grams or more but less than 100 grams of any
21 substance containing oxycodone, or any of the salts,
22 isomers and salts of isomers of oxycodone, or an analog
23 thereof;
24 (11) 50 grams or more but less than 200 grams of any
25 substance containing a substance classified in Schedules I
26 or II, or an analog thereof, which is not otherwise

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1 included in this subsection.
2 (c-5) (Blank).
3 (d) Any person who violates this Section with regard to
4any other amount of a controlled or counterfeit substance
5containing dihydrocodeine or classified in Schedules I or II,
6or an analog thereof, which is (i) a narcotic drug, (ii)
7lysergic acid diethylamide (LSD) or an analog thereof, (iii)
8any substance containing amphetamine or fentanyl or any salt
9or optical isomer of amphetamine or fentanyl, or an analog
10thereof, or (iv) any substance containing N-Benzylpiperazine
11(BZP) or any salt or optical isomer of N-Benzylpiperazine
12(BZP), or an analog thereof, is guilty of a Class 2 felony. The
13fine for violation of this subsection (d) shall not be more
14than $200,000.
15 (d-5) (Blank).
16 (e) Any person who violates this Section with regard to
17any other amount of a controlled substance other than
18methamphetamine or counterfeit substance classified in
19Schedule I or II, or an analog thereof, which substance is not
20included under subsection (d) of this Section, is guilty of a
21Class 3 felony. The fine for violation of this subsection (e)
22shall not be more than $150,000.
23 (f) Any person who violates this Section with regard to
24any other amount of a controlled or counterfeit substance
25classified in Schedule III is guilty of a Class 3 felony. The
26fine for violation of this subsection (f) shall not be more

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1than $125,000.
2 (g) Any person who violates this Section with regard to
3any other amount of a controlled or counterfeit substance
4classified in Schedule IV is guilty of a Class 3 felony. The
5fine for violation of this subsection (g) shall not be more
6than $100,000.
7 (h) Any person who violates this Section with regard to
8any other amount of a controlled or counterfeit substance
9classified in Schedule V is guilty of a Class 3 felony. The
10fine for violation of this subsection (h) shall not be more
11than $75,000.
12 (i) This Section does not apply to the manufacture,
13possession or distribution of a substance in conformance with
14the provisions of an approved new drug application or an
15exemption for investigational use within the meaning of
16Section 505 of the Federal Food, Drug and Cosmetic Act.
17 (j) (Blank).
18(Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17;
19100-368, eff. 1-1-18.)
20 (720 ILCS 570/401.1) (from Ch. 56 1/2, par. 1401.1)
21 Sec. 401.1. Controlled Substance Trafficking.
22 (a) Except for purposes as authorized by this Act, any
23person who knowingly brings or causes to be brought into this
24State for the purpose of manufacture or delivery or with the
25intent to manufacture or deliver a controlled substance other

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1than methamphetamine or counterfeit substance in this or any
2other state or country is guilty of controlled substance
3trafficking.
4 (b) A person convicted of controlled substance trafficking
5shall be sentenced to a term of imprisonment not less than
6twice the minimum term and fined an amount as authorized by
7Section 401 of this Act, based upon the amount of controlled or
8counterfeit substance brought or caused to be brought into
9this State, and not more than twice the maximum term of
10imprisonment and fined twice the amount as authorized by
11Section 401 of this Act, based upon the amount of controlled or
12counterfeit substance brought or caused to be brought into
13this State; except if the substance trafficked contains any
14amount of fentanyl, a person convicted of controlled substance
15trafficking shall be sentenced to a term of imprisonment not
16less than 3 times the minimum term and fined an amount as
17authorized by Section 401 of this Act, based upon the amount of
18fentanyl brought or caused to be brought into this State, and
19not more than 3 times the maximum term of imprisonment and
20fined 3 times the amount as authorized by Section 401 of this
21Act, based upon the amount of fentanyl brought or caused to be
22brought into this State.
23 (c) It shall be a Class 2 felony for which a fine not to
24exceed $100,000 may be imposed for any person to knowingly use
25a cellular radio telecommunication device in the furtherance
26of controlled substance trafficking. This penalty shall be in

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