Bill Text: IL HB4552 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Criminal Code of 2012. Enhances the penalties from assault and battery to aggravated assault and aggravated battery if the victim is a pharmacist, student pharmacist, or pharmacy technician performing his or her duties as a pharmacist, student pharmacist, or pharmacy technician. Enhances from a Class 2 felony to a Class 1 felony a robbery or burglary committed in a pharmacy. Amends the Illinois Controlled Substances Act. Provides that any person who violates the provisions concerning the illegal delivery of a controlled substance in an amount not otherwise specified in the statute classified in Schedule II, III, IV, or V that was illegally and directly obtained from a pharmacy, either through robbery or burglary, which substance is not included as a Class 2 felony by the statute, is guilty of a Class 2 felony. Provides that the fine for a violation shall not be more than $200,000. Effective January 1, 2020.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4552 Detail]
Download: Illinois-2019-HB4552-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||||||||||||||||||||||||||||
5 | Sections 12-2, 12-3.05, 18-1, and 19-1 as follows:
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6 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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7 | Sec. 12-2. Aggravated assault.
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8 | (a) Offense based on location of conduct. A person commits | ||||||||||||||||||||||||||||||||
9 | aggravated assault when he or she commits an assault against an | ||||||||||||||||||||||||||||||||
10 | individual who is on or about a public way, public property, a | ||||||||||||||||||||||||||||||||
11 | public place of accommodation or amusement, or a sports venue. | ||||||||||||||||||||||||||||||||
12 | (b) Offense based on status of victim. A person commits | ||||||||||||||||||||||||||||||||
13 | aggravated assault when, in committing an assault, he or she | ||||||||||||||||||||||||||||||||
14 | knows the individual assaulted to be any of the following: | ||||||||||||||||||||||||||||||||
15 | (1) A person with a physical disability or a person 60 | ||||||||||||||||||||||||||||||||
16 | years of age or older and the assault is without legal | ||||||||||||||||||||||||||||||||
17 | justification. | ||||||||||||||||||||||||||||||||
18 | (2) A teacher or school employee upon school grounds or | ||||||||||||||||||||||||||||||||
19 | grounds adjacent to a school or in any part of a building | ||||||||||||||||||||||||||||||||
20 | used for school purposes. | ||||||||||||||||||||||||||||||||
21 | (3) A park district employee upon park grounds or | ||||||||||||||||||||||||||||||||
22 | grounds adjacent to a park or in any part of a building | ||||||||||||||||||||||||||||||||
23 | used for park purposes. |
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1 | (4) A community policing volunteer, private security | ||||||
2 | officer, or utility worker: | ||||||
3 | (i) performing his or her official duties; | ||||||
4 | (ii) assaulted to prevent performance of his or her | ||||||
5 | official duties; or | ||||||
6 | (iii) assaulted in retaliation for performing his | ||||||
7 | or her official duties. | ||||||
8 | (4.1) A peace officer, fireman, emergency management | ||||||
9 | worker, or emergency medical services personnel: | ||||||
10 | (i) performing his or her official duties; | ||||||
11 | (ii) assaulted to prevent performance of his or her | ||||||
12 | official duties; or | ||||||
13 | (iii) assaulted in retaliation for performing his | ||||||
14 | or her official duties. | ||||||
15 | (5) A correctional officer or probation officer: | ||||||
16 | (i) performing his or her official duties; | ||||||
17 | (ii) assaulted to prevent performance of his or her | ||||||
18 | official duties; or | ||||||
19 | (iii) assaulted in retaliation for performing his | ||||||
20 | or her official duties. | ||||||
21 | (6) A correctional institution employee, a county | ||||||
22 | juvenile detention center employee who provides direct and | ||||||
23 | continuous supervision of residents of a juvenile | ||||||
24 | detention center, including a county juvenile detention | ||||||
25 | center employee who supervises recreational activity for | ||||||
26 | residents of a juvenile detention center, or a Department |
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1 | of Human Services employee, Department of Human Services | ||||||
2 | officer, or employee of a subcontractor of the Department | ||||||
3 | of Human Services supervising or controlling sexually | ||||||
4 | dangerous persons or sexually violent persons: | ||||||
5 | (i) performing his or her official duties; | ||||||
6 | (ii) assaulted to prevent performance of his or her | ||||||
7 | official duties; or | ||||||
8 | (iii) assaulted in retaliation for performing his | ||||||
9 | or her official duties. | ||||||
10 | (7) An employee of the State of Illinois, a municipal | ||||||
11 | corporation therein, or a political subdivision thereof, | ||||||
12 | performing his or her official duties. | ||||||
13 | (8) A transit employee performing his or her official | ||||||
14 | duties, or a transit passenger. | ||||||
15 | (9) A sports official or coach actively participating | ||||||
16 | in any level of athletic competition within a sports venue, | ||||||
17 | on an indoor playing field or outdoor playing field, or | ||||||
18 | within the immediate vicinity of such a facility or field. | ||||||
19 | (10) A person authorized to serve process under Section | ||||||
20 | 2-202 of the Code of Civil Procedure or a special process | ||||||
21 | server appointed by the circuit court, while that | ||||||
22 | individual is in the performance of his or her duties as a | ||||||
23 | process server. | ||||||
24 | (11) A pharmacist, student pharmacist, or pharmacy | ||||||
25 | technician performing his or her duties as a pharmacist, | ||||||
26 | student pharmacist, or pharmacy technician. |
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1 | (c) Offense based on use of firearm, device, or motor | ||||||
2 | vehicle. A person commits aggravated assault when, in | ||||||
3 | committing an assault, he or she does any of the following: | ||||||
4 | (1) Uses a deadly weapon, an air rifle as defined in | ||||||
5 | Section 24.8-0.1 of this Act, or any device manufactured | ||||||
6 | and designed to be substantially similar in appearance to a | ||||||
7 | firearm, other than by discharging a firearm. | ||||||
8 | (2) Discharges a firearm, other than from a motor | ||||||
9 | vehicle. | ||||||
10 | (3) Discharges a firearm from a motor vehicle. | ||||||
11 | (4) Wears a hood, robe, or mask to conceal his or her | ||||||
12 | identity. | ||||||
13 | (5) Knowingly and without lawful justification shines | ||||||
14 | or flashes a laser gun sight or other laser device attached | ||||||
15 | to a firearm, or used in concert with a firearm, so that | ||||||
16 | the laser beam strikes near or in the immediate vicinity of | ||||||
17 | any person. | ||||||
18 | (6) Uses a firearm, other than by discharging the | ||||||
19 | firearm, against a peace officer, community policing | ||||||
20 | volunteer, fireman, private security officer, emergency | ||||||
21 | management worker, emergency medical services personnel, | ||||||
22 | employee of a police department, employee of a sheriff's | ||||||
23 | department, or traffic control municipal employee: | ||||||
24 | (i) performing his or her official duties; | ||||||
25 | (ii) assaulted to prevent performance of his or her | ||||||
26 | official duties; or |
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1 | (iii) assaulted in retaliation for performing his | ||||||
2 | or her official duties. | ||||||
3 | (7) Without justification operates a motor vehicle in a | ||||||
4 | manner which places a person, other than a person listed in | ||||||
5 | subdivision (b)(4), in reasonable apprehension of being | ||||||
6 | struck by the moving motor vehicle. | ||||||
7 | (8) Without justification operates a motor vehicle in a | ||||||
8 | manner which places a person listed in subdivision (b)(4), | ||||||
9 | in reasonable apprehension of being struck by the moving | ||||||
10 | motor vehicle. | ||||||
11 | (9) Knowingly video or audio records the offense with | ||||||
12 | the intent to disseminate the recording. | ||||||
13 | (d) Sentence. Aggravated assault as defined in subdivision | ||||||
14 | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | ||||||
15 | (b)(11), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, | ||||||
16 | except that aggravated assault as defined in subdivision (b)(4) | ||||||
17 | and (b)(7) is a Class 4 felony if a Category I, Category II, or | ||||||
18 | Category III weapon is used in the commission of the assault. | ||||||
19 | Aggravated assault as defined in subdivision (b)(4.1), (b)(5), | ||||||
20 | (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 | ||||||
21 | felony. Aggravated assault as defined in subdivision (c)(3) or | ||||||
22 | (c)(8) is a Class 3 felony. | ||||||
23 | (e) For the purposes of this Section, "Category I weapon", | ||||||
24 | "Category II weapon, and "Category III weapon" have the | ||||||
25 | meanings ascribed to those terms in Section 33A-1 of this Code.
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26 | (Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143, |
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1 | eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16; | ||||||
2 | 99-816, eff. 8-15-16.)
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3 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
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4 | Sec. 12-3.05. Aggravated battery.
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5 | (a) Offense based on injury. A person commits aggravated | ||||||
6 | battery when, in committing a battery, other than by the | ||||||
7 | discharge of a firearm, he or she knowingly does any of the | ||||||
8 | following: | ||||||
9 | (1) Causes great bodily harm or permanent disability or | ||||||
10 | disfigurement. | ||||||
11 | (2) Causes severe and permanent disability, great | ||||||
12 | bodily harm, or disfigurement by means of a caustic or | ||||||
13 | flammable substance, a poisonous gas, a deadly biological | ||||||
14 | or chemical contaminant or agent, a radioactive substance, | ||||||
15 | or a bomb or explosive compound. | ||||||
16 | (3) Causes great bodily harm or permanent disability or | ||||||
17 | disfigurement to an individual whom the person knows to be | ||||||
18 | a peace officer, community policing volunteer, fireman, | ||||||
19 | private security officer, correctional institution | ||||||
20 | employee, or Department of Human Services employee | ||||||
21 | supervising or controlling sexually dangerous persons or | ||||||
22 | sexually violent persons: | ||||||
23 | (i) performing his or her official duties; | ||||||
24 | (ii) battered to prevent performance of his or her | ||||||
25 | official duties; or |
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1 | (iii) battered in retaliation for performing his | ||||||
2 | or her official duties. | ||||||
3 | (4) Causes great bodily harm or permanent disability or | ||||||
4 | disfigurement to an individual 60 years of age or older. | ||||||
5 | (5) Strangles another individual. | ||||||
6 | (b) Offense based on injury to a child or person with an | ||||||
7 | intellectual disability. A person who is at least 18 years of | ||||||
8 | age commits aggravated battery when, in committing a battery, | ||||||
9 | he or she knowingly and without legal justification by any | ||||||
10 | means: | ||||||
11 | (1) causes great bodily harm or permanent disability or | ||||||
12 | disfigurement to any child under the age of 13 years, or to | ||||||
13 | any person with a severe or profound intellectual | ||||||
14 | disability; or | ||||||
15 | (2) causes bodily harm or disability or disfigurement | ||||||
16 | to any child under the age of 13 years or to any person | ||||||
17 | with a severe or profound intellectual disability. | ||||||
18 | (c) Offense based on location of conduct. A person commits | ||||||
19 | aggravated battery when, in committing a battery, other than by | ||||||
20 | the discharge of a firearm, he or she is or the person battered | ||||||
21 | is on or about a public way, public property, a public place of | ||||||
22 | accommodation or amusement, a sports venue, or a domestic | ||||||
23 | violence shelter. | ||||||
24 | (d) Offense based on status of victim. A person commits | ||||||
25 | aggravated battery when, in committing a battery, other than by | ||||||
26 | discharge of a firearm, he or she knows the individual battered |
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1 | to be any of the following: | ||||||
2 | (1) A person 60 years of age or older. | ||||||
3 | (2) A person who is pregnant or has a physical | ||||||
4 | disability. | ||||||
5 | (3) A teacher or school employee upon school grounds or | ||||||
6 | grounds adjacent to a school or in any part of a building | ||||||
7 | used for school purposes. | ||||||
8 | (4) A peace officer, community policing volunteer, | ||||||
9 | fireman, private security officer, correctional | ||||||
10 | institution employee, or Department of Human Services | ||||||
11 | employee supervising or controlling sexually dangerous | ||||||
12 | persons or sexually violent persons: | ||||||
13 | (i) performing his or her official duties; | ||||||
14 | (ii) battered to prevent performance of his or her | ||||||
15 | official duties; or | ||||||
16 | (iii) battered in retaliation for performing his | ||||||
17 | or her official duties. | ||||||
18 | (5) A judge, emergency management worker, emergency | ||||||
19 | medical services personnel, or utility worker: | ||||||
20 | (i) performing his or her official duties; | ||||||
21 | (ii) battered to prevent performance of his or her | ||||||
22 | official duties; or | ||||||
23 | (iii) battered in retaliation for performing his | ||||||
24 | or her official duties. | ||||||
25 | (6) An officer or employee of the State of Illinois, a | ||||||
26 | unit of local government, or a school district, while |
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1 | performing his or her official duties. | ||||||
2 | (7) A transit employee performing his or her official | ||||||
3 | duties, or a transit passenger. | ||||||
4 | (8) A taxi driver on duty. | ||||||
5 | (9) A merchant who detains the person for an alleged | ||||||
6 | commission of retail theft under Section 16-26 of this Code | ||||||
7 | and the person without legal justification by any means | ||||||
8 | causes bodily harm to the merchant. | ||||||
9 | (10) A person authorized to serve process under Section | ||||||
10 | 2-202 of the Code of Civil Procedure or a special process | ||||||
11 | server appointed by the circuit court while that individual | ||||||
12 | is in the performance of his or her duties as a process | ||||||
13 | server. | ||||||
14 | (11) A nurse while in the performance of his or her | ||||||
15 | duties as a nurse. | ||||||
16 | (12) A pharmacist, student pharmacist, or pharmacy | ||||||
17 | technician performing his or her duties as a pharmacist, | ||||||
18 | student pharmacist, or pharmacy technician. | ||||||
19 | (e) Offense based on use of a firearm. A person commits | ||||||
20 | aggravated battery when, in committing a battery, he or she | ||||||
21 | knowingly does any of the following: | ||||||
22 | (1) Discharges a firearm, other than a machine gun or a | ||||||
23 | firearm equipped with a silencer, and causes any injury to | ||||||
24 | another person. | ||||||
25 | (2) Discharges a firearm, other than a machine gun or a | ||||||
26 | firearm equipped with a silencer, and causes any injury to |
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1 | a person he or she knows to be a peace officer, community | ||||||
2 | policing volunteer, person summoned by a police officer, | ||||||
3 | fireman, private security officer, correctional | ||||||
4 | institution employee, or emergency management worker: | ||||||
5 | (i) performing his or her official duties; | ||||||
6 | (ii) battered to prevent performance of his or her | ||||||
7 | official duties; or | ||||||
8 | (iii) battered in retaliation for performing his | ||||||
9 | or her official duties. | ||||||
10 | (3) Discharges a firearm, other than a machine gun or a | ||||||
11 | firearm equipped with a silencer, and causes any injury to | ||||||
12 | a person he or she knows to be emergency medical services | ||||||
13 | personnel: | ||||||
14 | (i) performing his or her official duties; | ||||||
15 | (ii) battered to prevent performance of his or her | ||||||
16 | official duties; or | ||||||
17 | (iii) battered in retaliation for performing his | ||||||
18 | or her official duties. | ||||||
19 | (4) Discharges a firearm and causes any injury to a | ||||||
20 | person he or she knows to be a teacher, a student in a | ||||||
21 | school, or a school employee, and the teacher, student, or | ||||||
22 | employee is upon school grounds or grounds adjacent to a | ||||||
23 | school or in any part of a building used for school | ||||||
24 | purposes. | ||||||
25 | (5) Discharges a machine gun or a firearm equipped with | ||||||
26 | a silencer, and causes any injury to another person. |
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1 | (6) Discharges a machine gun or a firearm equipped with | ||||||
2 | a silencer, and causes any injury to a person he or she | ||||||
3 | knows to be a peace officer, community policing volunteer, | ||||||
4 | person summoned by a police officer, fireman, private | ||||||
5 | security officer, correctional institution employee or | ||||||
6 | emergency management worker: | ||||||
7 | (i) performing his or her official duties; | ||||||
8 | (ii) battered to prevent performance of his or her | ||||||
9 | official duties; or | ||||||
10 | (iii) battered in retaliation for performing his | ||||||
11 | or her official duties. | ||||||
12 | (7) Discharges a machine gun or a firearm equipped with | ||||||
13 | a silencer, and causes any injury to a person he or she | ||||||
14 | knows to be emergency medical services personnel: | ||||||
15 | (i) performing his or her official duties; | ||||||
16 | (ii) battered to prevent performance of his or her | ||||||
17 | official duties; or | ||||||
18 | (iii) battered in retaliation for performing his | ||||||
19 | or her official duties. | ||||||
20 | (8) Discharges a machine gun or a firearm equipped with | ||||||
21 | a silencer, and causes any injury to a person he or she | ||||||
22 | knows to be a teacher, or a student in a school, or a | ||||||
23 | school employee, and the teacher, student, or employee is | ||||||
24 | upon school grounds or grounds adjacent to a school or in | ||||||
25 | any part of a building used for school purposes. | ||||||
26 | (f) Offense based on use of a weapon or device. A person |
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1 | commits aggravated battery when, in committing a battery, he or | ||||||
2 | she does any of the following: | ||||||
3 | (1) Uses a deadly weapon other than by discharge of a | ||||||
4 | firearm, or uses an air rifle as defined in Section | ||||||
5 | 24.8-0.1 of this Code. | ||||||
6 | (2) Wears a hood, robe, or mask to conceal his or her | ||||||
7 | identity. | ||||||
8 | (3) Knowingly and without lawful justification shines | ||||||
9 | or flashes a laser gunsight or other laser device attached | ||||||
10 | to a firearm, or used in concert with a firearm, so that | ||||||
11 | the laser beam strikes upon or against the person of | ||||||
12 | another. | ||||||
13 | (4) Knowingly video or audio records the offense with | ||||||
14 | the intent to disseminate the recording. | ||||||
15 | (g) Offense based on certain conduct. A person commits | ||||||
16 | aggravated battery when, other than by discharge of a firearm, | ||||||
17 | he or she does any of the following: | ||||||
18 | (1) Violates Section 401 of the Illinois Controlled | ||||||
19 | Substances Act by unlawfully delivering a controlled | ||||||
20 | substance to another and any user experiences great bodily | ||||||
21 | harm or permanent disability as a result of the injection, | ||||||
22 | inhalation, or ingestion of any amount of the controlled | ||||||
23 | substance. | ||||||
24 | (2) Knowingly administers to an individual or causes | ||||||
25 | him or her to take, without his or her consent or by threat | ||||||
26 | or deception, and for other than medical purposes, any |
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1 | intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||||||
2 | or controlled substance, or gives to another person any | ||||||
3 | food containing any substance or object intended to cause | ||||||
4 | physical injury if eaten. | ||||||
5 | (3) Knowingly causes or attempts to cause a | ||||||
6 | correctional institution employee or Department of Human | ||||||
7 | Services employee to come into contact with blood, seminal | ||||||
8 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
9 | the fluid or material, and the person is an inmate of a | ||||||
10 | penal institution or is a sexually dangerous person or | ||||||
11 | sexually violent person in the custody of the Department of | ||||||
12 | Human Services. | ||||||
13 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
14 | battery is a Class 3 felony. | ||||||
15 | Aggravated battery as defined in subdivision (a)(4), | ||||||
16 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
17 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
18 | (g)(1) is a Class 1 felony. | ||||||
19 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
20 | Class 1 felony when the aggravated battery was intentional and | ||||||
21 | involved the infliction of torture, as defined in paragraph | ||||||
22 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
23 | infliction of or subjection to extreme physical pain, motivated | ||||||
24 | by an intent to increase or prolong the pain, suffering, or | ||||||
25 | agony of the victim. | ||||||
26 | Aggravated battery under subdivision (a)(5) is a
Class 1 |
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1 | felony if: | ||||||
2 | (A) the person used or attempted to use a dangerous
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3 | instrument while committing the offense; or | ||||||
4 | (B) the person caused great bodily harm or
permanent | ||||||
5 | disability or disfigurement to the other
person while | ||||||
6 | committing the offense; or | ||||||
7 | (C) the person has been previously convicted of a
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8 | violation of subdivision (a)(5) under the laws of this
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9 | State or laws similar to subdivision (a)(5) of any other
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10 | state. | ||||||
11 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
12 | Class X felony. | ||||||
13 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
14 | Class X felony for which a person shall be sentenced to a term | ||||||
15 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
16 | years. | ||||||
17 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
18 | Class X felony for which a person shall be sentenced to a term | ||||||
19 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
20 | years. | ||||||
21 | Aggravated battery as defined in subdivision (e)(2), | ||||||
22 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
23 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
24 | and a maximum of 60 years. | ||||||
25 | Aggravated battery as defined in subdivision (e)(6), | ||||||
26 | (e)(7), or (e)(8) is a Class X felony for which a person shall |
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1 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
2 | and a maximum of 60 years. | ||||||
3 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
4 | Class X felony, except that: | ||||||
5 | (1) if the person committed the offense while armed | ||||||
6 | with a firearm, 15 years shall be added to the term of | ||||||
7 | imprisonment imposed by the court; | ||||||
8 | (2) if, during the commission of the offense, the | ||||||
9 | person personally discharged a firearm, 20 years shall be | ||||||
10 | added to the term of imprisonment imposed by the court; | ||||||
11 | (3) if, during the commission of the offense, the | ||||||
12 | person personally discharged a firearm that proximately | ||||||
13 | caused great bodily harm, permanent disability, permanent | ||||||
14 | disfigurement, or death to another person, 25 years or up | ||||||
15 | to a term of natural life shall be added to the term of | ||||||
16 | imprisonment imposed by the court. | ||||||
17 | (i) Definitions. For the purposes of this Section: | ||||||
18 | "Building or other structure used to provide shelter" has | ||||||
19 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
20 | Violence Shelters Act. | ||||||
21 | "Domestic violence" has the meaning ascribed to it in | ||||||
22 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
23 | "Domestic violence shelter" means any building or other | ||||||
24 | structure used to provide shelter or other services to victims | ||||||
25 | or to the dependent children of victims of domestic violence | ||||||
26 | pursuant to the Illinois Domestic Violence Act of 1986 or the |
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1 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
2 | such a building or other structure in the case of a person who | ||||||
3 | is going to or from such a building or other structure. | ||||||
4 | "Firearm" has the meaning provided under Section 1.1
of the | ||||||
5 | Firearm Owners Identification Card Act, and does
not include an | ||||||
6 | air rifle as defined by Section 24.8-0.1 of this Code. | ||||||
7 | "Machine gun" has the meaning ascribed to it in Section | ||||||
8 | 24-1 of this Code. | ||||||
9 | "Merchant" has the meaning ascribed to it in Section 16-0.1 | ||||||
10 | of this Code. | ||||||
11 | "Strangle" means
intentionally impeding the normal | ||||||
12 | breathing or circulation of the blood of an individual by | ||||||
13 | applying pressure on the throat
or neck of that individual or | ||||||
14 | by blocking the nose or mouth of
that individual.
| ||||||
15 | (Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, | ||||||
16 | eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
| ||||||
17 | (720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
| ||||||
18 | Sec. 18-1. Robbery; aggravated robbery.
| ||||||
19 | (a) Robbery. A person commits robbery when he or she | ||||||
20 | knowingly takes property, except a
motor vehicle covered by | ||||||
21 | Section 18-3 or 18-4,
from the person or presence of another by | ||||||
22 | the use of force or by
threatening the imminent use of force.
| ||||||
23 | (b) Aggravated robbery. | ||||||
24 | (1) A person commits aggravated robbery when he or she | ||||||
25 | violates subsection (a) while indicating verbally or by his |
| |||||||
| |||||||
1 | or her actions to the
victim that he or she is presently | ||||||
2 | armed with a firearm or other dangerous
weapon, including a | ||||||
3 | knife, club, ax, or bludgeon. This offense shall be
| ||||||
4 | applicable even though it is later determined that he or | ||||||
5 | she had no firearm or
other dangerous weapon, including a | ||||||
6 | knife, club, ax, or bludgeon, in
his or her possession when | ||||||
7 | he or she committed the robbery. | ||||||
8 | (2) A person commits aggravated robbery when he or she | ||||||
9 | knowingly takes property
from the person or presence of | ||||||
10 | another by delivering (by injection, inhalation,
| ||||||
11 | ingestion, transfer of possession, or any other means) to | ||||||
12 | the victim without
his or her consent, or by threat or | ||||||
13 | deception,
and for other than medical
purposes, any
| ||||||
14 | controlled substance. | ||||||
15 | (c) Sentence.
| ||||||
16 | Robbery is a Class 2 felony, unless the victim is 60 years | ||||||
17 | of age
or over or is a person with a physical disability, or | ||||||
18 | the robbery is
committed
in a school, day care center, day care | ||||||
19 | home, group day care home, or part day child care facility, | ||||||
20 | pharmacy, or place of worship, in which case robbery is a Class | ||||||
21 | 1 felony. Aggravated robbery is a Class 1 felony.
| ||||||
22 | (d) Regarding penalties prescribed in subsection
(c) for | ||||||
23 | violations committed in a day care center, day care home, group | ||||||
24 | day care home, or part day child care facility, the time of | ||||||
25 | day, time of year, and whether
children under 18 years of age | ||||||
26 | were present in the day care center, day care home, group day |
| |||||||
| |||||||
1 | care home, or part day child care facility are irrelevant. | ||||||
2 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
3 | (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
| ||||||
4 | Sec. 19-1. Burglary.
| ||||||
5 | (a) A person commits burglary when without authority he or | ||||||
6 | she knowingly enters
or without authority remains within a | ||||||
7 | building, housetrailer, watercraft,
aircraft, motor vehicle, | ||||||
8 | railroad
car, or any part thereof, with intent to commit | ||||||
9 | therein a felony or theft.
This offense shall not include the | ||||||
10 | offenses set out in Section 4-102 of the
Illinois Vehicle Code.
| ||||||
11 | (b) Sentence.
| ||||||
12 | Burglary committed in, and without causing damage to, a | ||||||
13 | watercraft, aircraft, motor vehicle, railroad car, or any part | ||||||
14 | thereof is a Class 3 felony. Burglary committed in a building, | ||||||
15 | housetrailer, or any part thereof or while causing damage to a | ||||||
16 | watercraft, aircraft, motor vehicle, railroad car, or any part | ||||||
17 | thereof is a Class 2 felony. A burglary committed in a school, | ||||||
18 | day care center, day care home, group day care home, or part | ||||||
19 | day child care facility, pharmacy, or place of
worship is a
| ||||||
20 | Class 1 felony, except that this provision does not apply to a | ||||||
21 | day care center, day care home, group day care home, or part | ||||||
22 | day child care facility operated in a private residence used as | ||||||
23 | a dwelling.
| ||||||
24 | (c) Regarding penalties prescribed in subsection
(b) for | ||||||
25 | violations committed in a day care center, day care home, group |
| |||||||
| |||||||
1 | day care home, or part day child care facility, the time of | ||||||
2 | day, time of year, and whether children under 18 years of age | ||||||
3 | were present in the day care center, day care home, group day | ||||||
4 | care home, or part day child care facility are irrelevant. | ||||||
5 | (Source: P.A. 100-3, eff. 1-1-18 .)
| ||||||
6 | Section 10. The Illinois Controlled Substances Act is | ||||||
7 | amended by changing Section 401 as follows:
| ||||||
8 | (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
| ||||||
9 | Sec. 401. Manufacture or delivery, or possession with | ||||||
10 | intent to
manufacture or deliver, a controlled substance, a | ||||||
11 | counterfeit substance, or controlled substance analog. Except | ||||||
12 | as authorized by this Act, it is unlawful for any
person | ||||||
13 | knowingly to manufacture or deliver, or possess with intent to
| ||||||
14 | manufacture or deliver, a controlled substance other than | ||||||
15 | methamphetamine and other than bath salts as defined in the | ||||||
16 | Bath Salts Prohibition Act sold or offered for sale in a retail | ||||||
17 | mercantile establishment as defined in Section 16-0.1 of the | ||||||
18 | Criminal Code of 2012, a counterfeit substance, or a controlled
| ||||||
19 | substance analog. A violation of this Act with respect to each | ||||||
20 | of the controlled
substances listed herein constitutes a single | ||||||
21 | and separate violation of this
Act. For purposes of this | ||||||
22 | Section, "controlled substance analog" or "analog"
means a | ||||||
23 | substance, other than a controlled substance, which is not | ||||||
24 | approved by the United States Food and Drug Administration or, |
| |||||||
| |||||||
1 | if approved, is not dispensed or possessed in accordance with | ||||||
2 | State or federal law, and that has a chemical structure | ||||||
3 | substantially similar to that of a controlled
substance in | ||||||
4 | Schedule I or II, or that was specifically designed to produce
| ||||||
5 | an effect substantially similar to that of a controlled | ||||||
6 | substance in Schedule
I or II. Examples of chemical classes in | ||||||
7 | which controlled substance analogs
are found include, but are | ||||||
8 | not limited to, the following: phenethylamines,
N-substituted | ||||||
9 | piperidines, morphinans, ecgonines, quinazolinones, | ||||||
10 | substituted
indoles, and arylcycloalkylamines. For purposes of | ||||||
11 | this Act, a controlled
substance analog shall be treated in the | ||||||
12 | same manner as the controlled
substance to which it is | ||||||
13 | substantially similar.
| ||||||
14 | (a) Any person who violates this Section with respect to | ||||||
15 | the following
amounts of controlled or counterfeit substances | ||||||
16 | or controlled substance
analogs, notwithstanding any of the | ||||||
17 | provisions of subsections (c),
(d), (e), (f), (g) or (h) to the | ||||||
18 | contrary, is guilty of a Class X felony
and shall be sentenced | ||||||
19 | to a term of imprisonment as provided in this subsection
(a) | ||||||
20 | and 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;
|
| |||||||
| |||||||
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 6 years and not more than 30 | ||||||
8 | 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 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 fentanyl, 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 fentanyl, 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 containing | ||||||
19 | fentanyl, or an analog thereof; | ||||||
20 | (2)(A) not less than 6 years and not more than 30 years | ||||||
21 | with respect
to 15 grams or more but less than 100 grams of | ||||||
22 | a substance containing
cocaine, or an analog thereof;
| ||||||
23 | (B) not less than 9 years and not more than 40 years | ||||||
24 | with respect to 100
grams or more but less than 400 grams | ||||||
25 | of a substance containing cocaine, or
an analog thereof;
| ||||||
26 | (C) not less than 12 years and not more than 50 years |
| |||||||
| |||||||
1 | with respect to
400 grams or more but less than 900 grams | ||||||
2 | of a substance containing cocaine,
or an analog thereof;
| ||||||
3 | (D) not less than 15 years and not more than 60 years | ||||||
4 | with respect to
900 grams or more of any substance | ||||||
5 | containing cocaine, or an analog thereof;
| ||||||
6 | (3)(A) not less than 6 years and not more than 30 years | ||||||
7 | with respect
to 15 grams or more but less than 100 grams of | ||||||
8 | a substance containing
morphine, or an analog thereof;
| ||||||
9 | (B) not less than 9 years and not more than 40 years | ||||||
10 | with respect to
100 grams or more but less than 400 grams | ||||||
11 | of a substance containing morphine,
or an analog thereof;
| ||||||
12 | (C) not less than 12 years and not more than 50 years | ||||||
13 | with respect to
400 grams or more but less than 900 grams | ||||||
14 | of a substance containing
morphine, or an analog thereof;
| ||||||
15 | (D) not less than 15 years and not more than 60 years | ||||||
16 | with respect to
900 grams or more of a substance containing | ||||||
17 | morphine, or an analog thereof;
| ||||||
18 | (4) 200 grams or more of any substance containing | ||||||
19 | peyote, or an
analog thereof;
| ||||||
20 | (5) 200 grams or more of any substance containing a | ||||||
21 | derivative of
barbituric acid or any of the salts of a | ||||||
22 | derivative of barbituric acid, or
an analog thereof;
| ||||||
23 | (6) 200 grams or more of any substance containing | ||||||
24 | amphetamine
or any salt of an optical isomer of | ||||||
25 | amphetamine,
or an analog thereof;
| ||||||
26 | (6.5) (blank);
|
| |||||||
| |||||||
1 | (6.6) (blank);
| ||||||
2 | (7)(A) not less than 6 years and not more than 30 years | ||||||
3 | with respect
to: (i) 15 grams or more but less than 100 | ||||||
4 | grams of a substance containing
lysergic acid diethylamide | ||||||
5 | (LSD), or an analog thereof, or (ii) 15 or
more objects or | ||||||
6 | 15 or more segregated parts of an object or objects but
| ||||||
7 | less than 200 objects or 200 segregated parts of an object | ||||||
8 | or objects
containing in them or having upon them any | ||||||
9 | amounts of any substance
containing lysergic acid | ||||||
10 | diethylamide (LSD), or an analog thereof;
| ||||||
11 | (B) not less than 9 years and not more than 40 years | ||||||
12 | with respect
to: (i) 100 grams or more but less than 400 | ||||||
13 | grams of a substance containing
lysergic acid diethylamide | ||||||
14 | (LSD), or an analog thereof, or (ii) 200 or more
objects or | ||||||
15 | 200 or more segregated parts of an object or objects but | ||||||
16 | less
than 600 objects or less than 600 segregated parts of | ||||||
17 | an object or objects
containing in them or having upon them | ||||||
18 | any amount of any substance
containing lysergic acid | ||||||
19 | diethylamide (LSD), or an analog thereof;
| ||||||
20 | (C) not less than 12 years and not more than 50 years | ||||||
21 | with respect
to: (i) 400 grams or more but less than 900 | ||||||
22 | grams of a substance containing
lysergic acid diethylamide | ||||||
23 | (LSD), or an analog thereof, or (ii) 600 or more
objects or | ||||||
24 | 600 or more segregated parts of an object or objects but | ||||||
25 | less
than 1500 objects or 1500 segregated parts of an | ||||||
26 | object or objects
containing in them or having upon them |
| |||||||
| |||||||
1 | any amount of any substance
containing lysergic acid | ||||||
2 | diethylamide (LSD), or an analog thereof;
| ||||||
3 | (D) not less than 15 years and not more than 60 years | ||||||
4 | with respect
to: (i) 900 grams or more of any substance | ||||||
5 | containing lysergic acid
diethylamide (LSD), or an analog | ||||||
6 | thereof, or (ii) 1500 or more objects or
1500 or more | ||||||
7 | segregated parts of an object or objects containing in them | ||||||
8 | or
having upon them any amount of a substance containing | ||||||
9 | lysergic acid
diethylamide (LSD), or an analog thereof;
| ||||||
10 | (7.5)(A) not less than 6 years and not more than 30 years | ||||||
11 | with respect
to:
(i) 15
grams or more but less than 100 | ||||||
12 | grams of a substance listed in paragraph (1),
(2), (2.1), | ||||||
13 | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) | ||||||
14 | of subsection
(d) of Section 204, or an analog or | ||||||
15 | derivative thereof, or (ii) 15 or more
pills, tablets, | ||||||
16 | caplets, capsules, or objects but less than 200 pills, | ||||||
17 | tablets,
caplets, capsules, or objects containing in them | ||||||
18 | or having upon them any
amounts of any substance listed in | ||||||
19 | paragraph (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), | ||||||
20 | (20.1), (21), (25), or (26) of subsection (d) of Section | ||||||
21 | 204, or
an analog or derivative thereof;
| ||||||
22 | (B) not less than 9 years and not more than 40 years | ||||||
23 | with respect to:
(i) 100 grams or more but less than 400 | ||||||
24 | grams of a substance listed in
paragraph (1), (2), (2.1), | ||||||
25 | (2.2), (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) | ||||||
26 | of subsection (d) of Section 204, or an analog or
|
| |||||||
| |||||||
1 | derivative thereof, or (ii) 200 or more pills, tablets, | ||||||
2 | caplets, capsules, or
objects but less than 600 pills, | ||||||
3 | tablets, caplets, capsules, or objects
containing in them | ||||||
4 | or having upon them any amount of any substance listed in
| ||||||
5 | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | ||||||
6 | (20.1), (21), (25), or (26)
of subsection (d) of Section | ||||||
7 | 204, or an analog or derivative thereof;
| ||||||
8 | (C) not less than 12 years and not more than 50 years | ||||||
9 | with respect to:
(i) 400 grams or more but less than 900 | ||||||
10 | grams of a substance listed in
paragraph (1), (2), (2.1), | ||||||
11 | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or (26)
| ||||||
12 | of subsection (d) of Section 204, or an analog or | ||||||
13 | derivative thereof,
or (ii) 600 or more pills, tablets, | ||||||
14 | caplets, capsules, or objects but less than
1,500 pills, | ||||||
15 | tablets, caplets, capsules, or objects
containing in them | ||||||
16 | or having upon them any amount of any substance listed in
| ||||||
17 | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), | ||||||
18 | (20.1), (21), (25), or (26)
of subsection (d) of Section | ||||||
19 | 204, or an analog or derivative thereof;
| ||||||
20 | (D) not less than 15 years and not more than 60 years | ||||||
21 | with respect to:
(i) 900 grams or more of any substance | ||||||
22 | listed in paragraph (1), (2), (2.1),
(2.2), (3), (14.1), | ||||||
23 | (19), (20), (20.1), (21), (25), or (26) of subsection (d) | ||||||
24 | of
Section 204, or an analog or derivative thereof, or (ii) | ||||||
25 | 1,500 or more pills,
tablets, caplets, capsules, or objects | ||||||
26 | containing in them or having upon them
any amount
of a |
| |||||||
| |||||||
1 | substance listed in paragraph (1), (2), (2.1), (2.2), (3), | ||||||
2 | (14.1), (19),
(20), (20.1), (21), (25), or (26)
of | ||||||
3 | subsection (d) of Section 204, or an analog or derivative | ||||||
4 | thereof;
| ||||||
5 | (8) 30 grams or more of any substance containing | ||||||
6 | pentazocine or any of
the salts, isomers and salts of | ||||||
7 | isomers of pentazocine, or an analog thereof;
| ||||||
8 | (9) 30 grams or more of any substance containing | ||||||
9 | methaqualone or any of
the salts, isomers and salts of | ||||||
10 | isomers of methaqualone, or an analog thereof;
| ||||||
11 | (10) 30 grams or more of any substance containing | ||||||
12 | phencyclidine or any
of the salts, isomers and salts of | ||||||
13 | isomers of phencyclidine (PCP),
or an analog thereof;
| ||||||
14 | (10.5) 30 grams or more of any substance containing | ||||||
15 | ketamine
or any of the salts, isomers and salts of isomers | ||||||
16 | of ketamine,
or an analog thereof;
| ||||||
17 | (10.6) 100 grams or more of any substance containing | ||||||
18 | hydrocodone, or any of the salts, isomers and salts of | ||||||
19 | isomers of hydrocodone, or an analog thereof; | ||||||
20 | (10.7) (blank); | ||||||
21 | (10.8) 100 grams or more of any substance containing | ||||||
22 | dihydrocodeine, or any of the salts, isomers and salts of | ||||||
23 | isomers of dihydrocodeine, or an analog thereof; | ||||||
24 | (10.9) 100 grams or more of any substance containing | ||||||
25 | oxycodone, or any of the salts, isomers and salts of | ||||||
26 | isomers of oxycodone, or an analog thereof; |
| |||||||
| |||||||
1 | (11) 200 grams or more of any substance containing any | ||||||
2 | other controlled
substance classified in Schedules I or II, | ||||||
3 | or an analog thereof, which is
not otherwise included in | ||||||
4 | this subsection.
| ||||||
5 | (b) Any person sentenced with respect to violations of | ||||||
6 | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) | ||||||
7 | involving
100 grams or
more of the
controlled substance named | ||||||
8 | therein, may in addition to the penalties
provided therein, be | ||||||
9 | fined an amount not more than $500,000 or the full
street value | ||||||
10 | of the controlled or counterfeit substance or controlled | ||||||
11 | substance
analog, whichever is greater. The term "street value" | ||||||
12 | shall have the
meaning ascribed in Section 110-5 of the Code of | ||||||
13 | Criminal Procedure of
1963. Any person sentenced with respect | ||||||
14 | to any other provision of
subsection (a), may in addition to | ||||||
15 | the penalties provided therein, be fined
an amount not to | ||||||
16 | exceed $500,000. | ||||||
17 | (b-1) Excluding violations of this Act when the controlled | ||||||
18 | substance is fentanyl, any person sentenced to a term of | ||||||
19 | imprisonment with respect to violations of Section 401, 401.1, | ||||||
20 | 405, 405.1, 405.2, or 407, when the substance containing the | ||||||
21 | controlled substance contains any amount of fentanyl, 3 years | ||||||
22 | shall be added to the term of imprisonment imposed by the | ||||||
23 | court, and the maximum sentence for the offense shall be | ||||||
24 | increased by 3 years.
| ||||||
25 | (c) Any person who violates this Section with regard to the
| ||||||
26 | following amounts of controlled or counterfeit substances
or |
| |||||||
| |||||||
1 | controlled substance analogs, notwithstanding any of the | ||||||
2 | provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) | ||||||
3 | to the
contrary, is guilty of a Class 1 felony. The fine for | ||||||
4 | violation of this
subsection (c) shall not be more than | ||||||
5 | $250,000:
| ||||||
6 | (1) 1 gram or more but less than 15 grams of any
| ||||||
7 | substance containing heroin, or an analog thereof;
| ||||||
8 | (1.5) 1 gram or more but less than 15 grams of any | ||||||
9 | substance containing fentanyl, or an analog thereof; | ||||||
10 | (2) 1 gram or more but less than 15
grams of any | ||||||
11 | substance containing cocaine, or an analog thereof;
| ||||||
12 | (3) 10 grams or more but less than 15 grams of any | ||||||
13 | substance
containing morphine, or an analog thereof;
| ||||||
14 | (4) 50 grams or more but less than 200 grams of any | ||||||
15 | substance
containing peyote, or an analog thereof;
| ||||||
16 | (5) 50 grams or more but less than 200 grams of any | ||||||
17 | substance
containing a derivative of barbituric acid or any | ||||||
18 | of the salts of a
derivative of barbituric acid, or an | ||||||
19 | analog thereof;
| ||||||
20 | (6) 50 grams or more but less than 200 grams of any | ||||||
21 | substance
containing amphetamine or any salt of an optical | ||||||
22 | isomer
of amphetamine, or an analog thereof;
| ||||||
23 | (6.5) (blank);
| ||||||
24 | (7)(i) 5 grams or more but less than 15 grams of any | ||||||
25 | substance
containing lysergic acid diethylamide (LSD), or | ||||||
26 | an analog thereof,
or (ii)
more than 10 objects or more |
| |||||||
| |||||||
1 | than 10 segregated parts of an object or objects
but less | ||||||
2 | than 15 objects or less than 15 segregated parts of an | ||||||
3 | object
containing in them or having upon them any amount of | ||||||
4 | any substance
containing lysergic acid diethylamide (LSD), | ||||||
5 | or an analog thereof;
| ||||||
6 | (7.5)(i) 5 grams or more but less than 15 grams of any | ||||||
7 | substance listed
in paragraph (1), (2), (2.1), (2.2), (3), | ||||||
8 | (14.1), (19), (20), (20.1), (21), (25), or
(26) of | ||||||
9 | subsection (d) of Section 204, or an analog or derivative | ||||||
10 | thereof, or
(ii) more than 10 pills, tablets, caplets, | ||||||
11 | capsules, or objects but less than
15 pills, tablets, | ||||||
12 | caplets, capsules, or objects containing in them or having
| ||||||
13 | upon them any amount of any substance listed in paragraph | ||||||
14 | (1), (2), (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), | ||||||
15 | (21), (25), or (26) of subsection (d) of
Section 204, or an | ||||||
16 | analog or derivative thereof;
| ||||||
17 | (8) 10 grams or more but less than 30 grams of any | ||||||
18 | substance
containing pentazocine or any of the salts, | ||||||
19 | isomers and salts of isomers of
pentazocine, or an analog | ||||||
20 | thereof;
| ||||||
21 | (9) 10 grams or more but less than 30 grams of any | ||||||
22 | substance
containing methaqualone or any of the salts, | ||||||
23 | isomers and salts of isomers
of methaqualone, or an analog | ||||||
24 | thereof;
| ||||||
25 | (10) 10 grams or more but less than 30 grams of any | ||||||
26 | substance
containing phencyclidine or any of the salts, |
| |||||||
| |||||||
1 | isomers and salts of isomers
of phencyclidine (PCP), or an | ||||||
2 | analog thereof;
| ||||||
3 | (10.5) 10 grams or more but less than 30 grams of any | ||||||
4 | substance
containing ketamine or any of the salts, isomers | ||||||
5 | and salts of
isomers of ketamine, or an analog thereof;
| ||||||
6 | (10.6) 50 grams or more but less than 100 grams of any | ||||||
7 | substance containing hydrocodone, or any of the salts, | ||||||
8 | isomers and salts of isomers of hydrocodone, or an analog | ||||||
9 | thereof; | ||||||
10 | (10.7) (blank); | ||||||
11 | (10.8) 50 grams or more but less than 100 grams of any | ||||||
12 | substance containing dihydrocodeine, or any of the salts, | ||||||
13 | isomers and salts of isomers of dihydrocodeine, or an | ||||||
14 | analog thereof; | ||||||
15 | (10.9) 50 grams or more but less than 100 grams of any | ||||||
16 | substance containing oxycodone, or any of the salts, | ||||||
17 | isomers and salts of isomers of oxycodone, or an analog | ||||||
18 | thereof; | ||||||
19 | (11) 50 grams or more but less than 200 grams of any | ||||||
20 | substance
containing a substance classified in Schedules I | ||||||
21 | or II, or an analog
thereof, which is not otherwise | ||||||
22 | included in this subsection.
| ||||||
23 | (c-5) (Blank).
| ||||||
24 | (d) Any person who violates this Section with regard to any | ||||||
25 | other
amount of a controlled or counterfeit substance | ||||||
26 | containing dihydrocodeine or classified in
Schedules I or II, |
| |||||||
| |||||||
1 | or an analog thereof, which is (i) a narcotic
drug, (ii) | ||||||
2 | lysergic acid diethylamide (LSD) or an analog thereof,
(iii) | ||||||
3 | any
substance containing amphetamine or fentanyl or any salt or | ||||||
4 | optical
isomer of amphetamine or fentanyl, or an analog | ||||||
5 | thereof, or (iv) any
substance containing N-Benzylpiperazine | ||||||
6 | (BZP) or any salt or optical
isomer of N-Benzylpiperazine | ||||||
7 | (BZP), or an analog thereof, is guilty
of a Class 2 felony. The | ||||||
8 | fine for violation of this subsection (d) shall
not be more | ||||||
9 | than $200,000.
| ||||||
10 | (d-5) (Blank).
| ||||||
11 | (d-7) Any person who violates this Section with regard to | ||||||
12 | any other amount of a controlled substance classified in | ||||||
13 | Schedule II, III, IV, or V that was illegally and directly | ||||||
14 | obtained from a pharmacy, either through robbery, as defined in | ||||||
15 | Section 18-1 of the Criminal Code of 2012, or burglary, as | ||||||
16 | defined in Section 19-1 of the Criminal Code of 2012, which | ||||||
17 | substance is not included under subsection (d) of this Section, | ||||||
18 | is guilty of a Class 2 felony. The fine for violation of this | ||||||
19 | subsection (d-7) shall not be more than $200,000. | ||||||
20 | (e) Any person who violates this Section with regard to any | ||||||
21 | other
amount of a controlled substance other than | ||||||
22 | methamphetamine or counterfeit substance classified in
| ||||||
23 | Schedule I or II, or an analog thereof, which substance is not
| ||||||
24 | included under subsection (d) of this Section, is
guilty of a | ||||||
25 | Class 3 felony. The fine for violation of this subsection (e)
| ||||||
26 | shall not be more than $150,000.
|
| |||||||
| |||||||
1 | (f) Any person who violates this Section with regard to any | ||||||
2 | other
amount of a controlled or counterfeit substance | ||||||
3 | classified in
Schedule III is guilty of a Class 3 felony. The | ||||||
4 | fine for violation of
this subsection (f) shall not be more | ||||||
5 | than $125,000.
| ||||||
6 | (g) Any person who violates this Section with regard to any | ||||||
7 | other
amount of a controlled or counterfeit substance | ||||||
8 | classified
in Schedule IV is guilty of a Class 3 felony. The | ||||||
9 | fine for violation of
this subsection (g) shall not be more | ||||||
10 | than $100,000.
| ||||||
11 | (h) Any person who violates this Section with regard to any | ||||||
12 | other
amount of a controlled or counterfeit substance | ||||||
13 | classified in
Schedule V is guilty of a Class 3 felony. The | ||||||
14 | fine for violation of this
subsection (h) shall not be more | ||||||
15 | than $75,000.
| ||||||
16 | (i) This Section does not apply to the manufacture, | ||||||
17 | possession or
distribution of a substance in conformance with | ||||||
18 | the provisions of an approved
new drug application or an | ||||||
19 | exemption for investigational use within the
meaning of Section | ||||||
20 | 505 of the Federal Food, Drug and Cosmetic Act.
| ||||||
21 | (j) (Blank).
| ||||||
22 | (Source: P.A. 99-371, eff. 1-1-16; 99-585, eff. 1-1-17; | ||||||
23 | 100-368, eff. 1-1-18 .)
| ||||||
24 | Section 99. Effective date. This Act takes effect January | ||||||
25 | 1, 2020.
|