Bill Text: IL HB4866 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the definition of "felony".

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4866 Detail]

Download: Illinois-2013-HB4866-Amended.html

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Rep. John D. Cavaletto

Filed: 3/26/2014

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AMENDMENT TO HOUSE BILL 4866
AMENDMENT NO. ______. Amend House Bill 4866 by replacing
everything after the enacting clause with the following:
"Section 5. The Use of Intoxicating Compounds Act is
amended by changing Sections 1, 2, and 4 as follows:
(720 ILCS 690/1) (from Ch. 38, par. 81-1)
Sec. 1. Use or possession prohibited.
(a) No person shall ingest, breathe, inhale or drink any
compound, liquid, or chemical containing toluol, hexane,
trichloroethylene, acetone, toluene, ethyl acetate, methyl
ethyl ketone, trichloroethane, isopropanol, methyl isobutyl
ketone, methyl cellosolve acetate, cyclohexanone, the
alkaloids atropine, hyoscyamine, or scopolamine, or any other
substance for the purpose of inducing a condition of
intoxication, stupefaction, depression, giddiness, paralysis
or irrational behavior, or in any manner changing, distorting

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or disturbing the auditory, visual or mental processes. For the
purposes of this Act, any such condition so induced shall be
deemed to be an intoxicated condition.
(b) No person shall possess any substance not listed in
this Act for the purpose of inducing in the user a condition of
intoxication, stupefaction, depression, giddiness, paralysis,
or irrational behavior, or in any manner changing, distorting,
or disturbing the auditory, visual, or mental processes. For
the purposes of this Act, any of these conditions so induced
shall be deemed to be an intoxicated condition. This subsection
(b) does not apply to:
(1) distilled spirits, wine, malt beverages, or
tobacco, as those terms are defined or used in the Liquor
Control Act of 1934 and the Tobacco Products Tax Act of
1995;
(2) any product or substance regulated by the federal
Food and Drug Administration; or
(3) any controlled substance listed in the Illinois
Controlled Substances Act.
(Source: P.A. 89-235, eff. 8-4-95; 89-640, eff. 1-1-97.)
(720 ILCS 690/2) (from Ch. 38, par. 81-2)
Sec. 2. Sale or delivery prohibited.
(a) No person shall knowingly sell or offer for sale,
deliver or give to any person under 17 years of age, unless
upon written order of such person's parent or guardian, any

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compound, liquid, or chemical containing toluol, hexane,
trichloroethylene, acetone, toluene, ethyl acetate, methyl
ethyl ketone, trichloroethane, isopropanol, methyl isobutyl
ketone, methyl cellosolve acetate, cyclohexanone, or any other
substance which will induce an intoxicated condition, as
defined herein, when the seller, offeror, or deliverer knows or
has reason to know that the compound is intended for use to
induce such condition.
(b) No person shall knowingly sell or offer for sale,
deliver, or give to any person any compound, liquid, or
chemical containing alkaloids atropine, hyoscyamine, or
scopolamine when the seller, offeror, or deliverer knows or has
reason to know that the compound, liquid, or chemical is
intended for use to induce an intoxicated condition.
(c) No person shall knowingly sell or offer for sale,
deliver, or give to any person any substance not listed in this
Act which will induce an intoxicated condition, as defined in
this Act, when the seller, offeror, or deliverer knows or has
reason to know that the compound is intended for use to induce
that condition.
(Source: P.A. 89-235, eff. 8-4-95; 89-640, eff. 1-1-97.)
(720 ILCS 690/4) (from Ch. 38, par. 81-4)
Sec. 4. Sentence.
(a) Except as otherwise provided in subsection (b), (c), or
(d), violation of this Act is a Class C misdemeanor for a first

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offense and a Class A misdemeanor for a second or subsequent
offense.
(b) (1) The knowing ingestion of any compound, liquid, or
chemical containing the alkaloids atropine, hyoscyamine,
or scopolamine is a Class A misdemeanor.
(2) The sale, offer for sale, delivery, or giving to
any person of a compound, liquid, or chemical containing
the alkaloids atropine, hyoscyamine, or scopolamine is a
Class 4 felony.
(3) This subsection (b) does not prohibit the sale,
offer for sale, delivery, giving, or ingestion of a
compound, liquid, or chemical containing the alkaloids
atropine, hyoscyamine, or scopolamine under the direction
or prescription of a practitioner authorized to so direct
or prescribe as provided in Section 3.
(c) Any person who violates subsection (b) of Section 1 of
this Act with respect to:
(1) not more than 2.5 grams of a prohibited substance
is guilty of a Class C misdemeanor;
(2) more than 2.5 grams but not more than 10 grams of a
prohibited substance is guilty of a Class B misdemeanor;
(3) more than 10 grams but not more than 30 grams of a
prohibited substance is guilty of a Class A misdemeanor;
provided, that if any offense under this subsection (c) is
a subsequent offense, the offender shall be guilty of a
Class 4 felony;

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(4) more than 30 grams but not more than 500 grams of a
prohibited substance is guilty of a Class 4 felony;
provided that if any offense under this subsection (c) is a
subsequent offense, the offender shall be guilty of a Class
3 felony;
(5) more than 500 grams but not more than 2,000 grams
of a prohibited substance is guilty of a Class 3 felony;
(6) more than 2,000 grams but not more than 5,000 grams
of a prohibited substance is guilty of a Class 2 felony;
(7) more than 5,000 grams of a prohibited substance is
guilty of a Class 1 felony.
(d) Any person who violates subsection (c) of Section 2 of
this Act with respect to:
(1) not more than 2.5 grams of a prohibited substance
is guilty of a Class B misdemeanor;
(2) more than 2.5 grams but not more than 10 grams of a
prohibited substance is guilty of a Class A misdemeanor;
(3) more than 10 grams but not more than 30 grams of a
prohibited substance is guilty of a Class 4 felony;
(4) more than 30 grams but not more than 500 grams of a
prohibited substance is guilty of a Class 3 felony for
which a fine not to exceed $50,000 may be imposed;
(5) more than 500 grams but not more than 2,000 grams
of a prohibited substance is guilty of a Class 2 felony for
which a fine not to exceed $100,000 may be imposed;
(6) more than 2,000 grams but not more than 5,000 grams

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of a prohibited substance is guilty of a Class 1 felony for
which a fine not to exceed $150,000 may be imposed;
(7) more than 5,000 grams of a prohibited substance is
guilty of a Class X felony for which a fine not to exceed
$200,000 may be imposed.
(Source: P.A. 96-1440, eff. 1-1-11.)".