Bill Text: IL SB0073 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that if a defendant suffers from a mental disability and is placed in the custody of the Department of Human Services, the defendant will not be placed in a secure setting if the defendant is charged with a misdemeanor and the Department determines that the defendant could be appropriately placed in a non-secure setting. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 13-6)

Status: (Passed) 2012-01-19 - Public Act . . . . . . . . . 97-0670 [SB0073 Detail]

Download: Illinois-2011-SB0073-Enrolled.html

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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 1. Short title. This Act may be cited as the
Methamphetamine Precursor Tracking Act.
Section 5. Purposes. The purposes of this Act are to
establish a program to track purchases of targeted
methamphetamine precursors at covered pharmacies in Illinois;
to track purchases of targeted methamphetamine precursors for
the likely purpose of manufacturing methamphetamine; to starve
methamphetamine manufacturers of the methamphetamine
precursors they need to make methamphetamine; to locate and
shut down methamphetamine laboratories; and ultimately to
reduce the harm that methamphetamine manufacturing and
manufacturers are inflicting on individuals, families,
communities, first responders, the economy, and the
environment in Illinois and beyond.
Section 10. Definitions. In this Act:
"Administer" or "administration" has the meaning provided
in Section 102 of the Illinois Controlled Substances Act.
"Agent" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.

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"Authorized representative" means an employee or agent of a
qualified outside entity who has been authorized in writing by
his or her agency or office to receive confidential information
from the central repository.
"Central Repository" means the entity chosen by the
Illinois State Police to handle electronic transaction records
as described in this Act.
"Convenience package" means any package that contains 360
milligrams or less of ephedrine or pseudoephedrine, their salts
or optical isomers, or salts of optical isomers in liquid or
liquid filled capsule form.
"Covered pharmacy" means any pharmacy that distributes any
amount of targeted methamphetamine precursor that is
physically located in Illinois.
"Deliver" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Dispense" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Distribute" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Electronic transaction record" means, with respect to the
distribution of a targeted methamphetamine precursor by a
pharmacy to a recipient under Section 25 of the Methamphetamine
Precursor Control Act, an electronic record that includes: the
name and address of the recipient; date and time of the
transaction; brand and product name and total quantity

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distributed of ephedrine or pseudoephedrine, their salts, or
optical isomers, or salts of optical isomers; identification
type and identification number of the identification presented
by the recipient; and the name and address of the pharmacy.
"Identification information" means identification type and
identification number.
"Identification number" means the number that appears on
the identification furnished by the recipient of a targeted
methamphetamine precursor.
"Identification type" means the type of identification
furnished by the recipient of a targeted methamphetamine
precursor such as, by way of example only, an Illinois driver's
license or United States passport.
"List I chemical" has the meaning provided in 21 U.S.C.
802.
"Methamphetamine precursor" has the meaning provided in
Section 10 of the Methamphetamine Control and Community
Protection Act.
"Package" means an item packaged and marked for retail sale
that is not designed to be further broken down or subdivided
for the purpose of retail sale.
"Pharmacist" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Pharmacy" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Practitioner" has the meaning provided in Section 102 of

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the Illinois Controlled Substances Act.
"Prescriber" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Prescription" has the meaning provided in Section 102 of
the Illinois Controlled Substances Act.
"Qualified outside entity" means a law enforcement agency
or prosecutor's office with authority to identify,
investigate, or prosecute violations of this Act or any other
State or federal law or rule involving a methamphetamine
precursor, methamphetamine, or any other controlled substance.
"Readily retrievable" has the meaning provided in 21 C.F.R.
part 1300.
"Recipient" means a person purchasing, receiving, or
otherwise acquiring a targeted methamphetamine precursor from
a pharmacy in Illinois, as described in Section 25 of the
Methamphetamine Precursor Control Act.
"Retail distributor" means a grocery store, general
merchandise store, drug store, other merchandise store, or
other entity or person whose activities as a distributor
relating to drug products containing targeted methamphetamine
precursor are limited exclusively or almost exclusively to
sales for personal use by an ultimate user, both in number of
sales and volume of sales, either directly to walk-in customers
or in face-to-face transactions by direct sales.
"Sales employee" means any employee or agent, other than a
pharmacist or pharmacy technician who at any time (1) operates

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a cash register at which convenience packages may be sold, (2)
stocks shelves containing convenience packages, or (3) trains
or supervises any other employee or agent who engages in any of
the preceding activities.
"Single retail transaction" means a sale by a retail
distributor to a recipient at a specific time.
"Targeted methamphetamine precursor" means any compound,
mixture, or preparation that contains any detectable quantity
of ephedrine or pseudoephedrine, their salts or optical
isomers, or salts of optical isomers.
"Targeted package" means a package, including a
convenience package, containing any amount of targeted
methamphetamine precursor.
"Ultimate user" has the meaning provided in Section 102 of
the Illinois Controlled Substances Act.
Section 15. General provisions.
(a) Structure. There is established a statewide precursor
tracking program coordinated and administered by the Illinois
State Police to track purchases of targeted methamphetamine
precursors across multiple locations for the purposes stated in
Section 5 of this Act. Every covered pharmacy must comply with
this Act. The tracking program created by this Act shall be the
sole methamphetamine precursor tracking program in Illinois.
(b) Transmission of electronic transaction records. Unless
otherwise provided in this Act, each time a covered pharmacy

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distributes a targeted methamphetamine precursor to a
recipient, the pharmacy shall transmit an electronic
transaction record to the Central Repository.
(c) Notification. The Illinois Department of Financial and
Professional Regulation shall notify pharmacies seeking
licensure in Illinois of their obligation to comply with the
requirements of this Act.
(d) Electronic transmission. Starting on the effective
date of this Act and continuing thereafter, covered pharmacies
shall transmit all electronic transaction records as required
by this Act.
(e) Funding. Funding for the tracking program shall be
provided by the Illinois State Police drawing upon federal and
State grant money and other available sources.
Section 20. Secure website.
(a) The Illinois State Police shall establish a secure
website for the transmission of electronic transaction records
and make it available free of charge to covered pharmacies.
(b) The secure website shall enable covered pharmacies to
transmit to the Central Repository an electronic transaction
record each time the pharmacy distributes a targeted
methamphetamine precursor to a recipient.
(c) If the secure website becomes unavailable to a covered
pharmacy, the covered pharmacy may, during the period in which
the secure website is not available, continue to distribute

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targeted methamphetamine precursor without using the secure
website if, during this period, the covered pharmacy maintains
and transmits handwritten logs as described in Sections 20 and
25 of the Methamphetamine Precursor Control Act.
Section 25. Confidentiality of records.
(a) The Central Repository may delete each electronic
transaction record and handwritten log entry 48 months after
the date of the transaction it describes.
(b) The Illinois State Police and Central Repository shall
carry out a program to protect the confidentiality of
electronic transaction records created pursuant to this Act and
shall ensure that this information remains completely
confidential except as specifically provided in subsections
(c) through (f) of this Section.
(c) Any employee or agent of the Central Repository may
have access to electronic transaction records and handwritten
log entries solely for the purpose of receiving, processing,
storing or analyzing this information.
(d) The Illinois State Police may grant qualified outside
agencies access to electronic transaction records or
handwritten log entries for the purpose of identifying,
investigating, or prosecuting violations of this Act or any
other State or federal law or rule involving a methamphetamine
precursor, methamphetamine, or any other controlled substance.
(e) The Illinois State Police may release electronic

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transaction records or handwritten log entries to the
authorized representative of a qualified outside entity only if
the Illinois State Police verifies that the entity receiving
electronic transaction records or handwritten log entries is a
qualified outside entity as defined in this Act and that
outside entity agrees or has previously agreed in writing that
it will use electronic transaction records and handwritten log
entries solely for the purpose of identifying, investigating,
or prosecuting violations of this Act or any other State or
federal law or rule involving a methamphetamine precursor,
methamphetamine, or any other controlled substance.
(f) The Illinois State Police may release to the recipient
any electronic transaction records clearly relating to that
recipient, upon sufficient proof of identity.
Section 30. Violations.
(a) Any covered pharmacy or retail distributor that
violates this Act is guilty of a petty offense and subject to a
fine of $500 for a first offense; $1,000 for a second offense
occurring at the same retail location as and within 3 years of
the offense; and $5,000 for a third or subsequent offense
occurring at the same retail location as and within 3 years of
the prior offenses.
(b) An employee or agent of a covered pharmacy who violates
this Act is guilty of a Class A misdemeanor for a first
offense; a Class 4 felony for a second offense; and a Class 1

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felony for a third or subsequent offense.
Section 35. Immunity from civil liability. In the event
that any agent or employee of a covered pharmacy or retail
distributor reports to any law enforcement officer or agency
any suspicious activity concerning a targeted methamphetamine
precursor or other methamphetamine ingredient or ingredients,
the agent or employee and the pharmacy or retail distributor
itself are immune from civil liability based on allegations of
defamation, libel, slander, false arrest, or malicious
prosecution, or similar allegations, except in cases of willful
or wanton misconduct. A covered pharmacy that uses the
electronic sales tracking system in accordance with this Act is
immune from civil liability for any act or omission committed
in carrying out the duties required by this Section, unless the
act or omission was due to deliberate or willful and wanton
misconduct. A covered pharmacy is not liable for damages
resulting from a data breach that was proximately caused by a
failure on the part of the electronic sales tracking system.
Section 40. Preemption. The regulation of the tracking of
methamphetamine precursors is an exclusive power and function
of the State. A county or municipality, including a home rule
unit, may not regulate the tracking of methamphetamine
precursors. This Section is a denial and limitation of home
rule powers under subsection (h) of Section 6 of Article VII of

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the Illinois Constitution.
Section 105. The Methamphetamine Precursor Control Act is
amended by changing Sections 10, 25, 40, and 55 as follows:
(720 ILCS 648/10)
Sec. 10. Definitions. In this Act:
"Administer" or "administration" has the meaning provided
in Section 102 of the Illinois Controlled Substances Act.
"Agent" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Authorized representative" means an employee or agent of a
qualified outside entity who has been authorized in writing by
his or her agency or office to receive confidential information
from the Central Repository database associated with the
Williamson County Pilot Program or the Illinois State Police
Precursor Tracking Program.
"Central Repository" means the entity chosen by the
Illinois State Police Williamson County Pilot Program
Authority to handle electronic transaction records as
described in Sections 36, 37, 38, 39, and 39.5 of this Act or
the entity chosen by the Illinois State Police Precursor
Tracking Program to handle electronic transaction records as
described in Sections 39.6, 39.7, 39.8, and 39.8-5.
"Convenience package" means any package that contains 360
milligrams or less of ephedrine or pseudoephedrine, their salts

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or optical isomers, or salts of optical isomers in liquid or
liquid-filled capsule form.
"Covered pharmacy" means any pharmacy that distributes any
amount of targeted methamphetamine precursor that is
physically located in Illinois.
"Covered pharmacy under the Franklin, Jackson, Johnson,
Saline, Union, or Williamson County Program" or "covered
pharmacy" means any pharmacy that distributes any amount of
targeted methamphetamine precursor and that is physically
located in any of the following Illinois counties: Franklin,
Jackson, Johnson, Saline, Union, or Williamson.
"Covered pharmacy under the Illinois State Police
Precursor Tracking Program" or "covered pharmacy" means any
pharmacy that distributes any amount of targeted
methamphetamine precursor and that is physically located in any
of the following Illinois counties: Adams, Madison, St. Clair,
or Vermilion.
"Deliver" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Dispense" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Distribute" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Electronic transaction record" means, with respect to the
distribution of a targeted methamphetamine precursor by a
pharmacy to a recipient under Section 25 of this Act, an

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electronic record that includes: the name and address of the
recipient; date and time of the transaction; brand and product
name and total quantity distributed of ephedrine or
pseudoephedrine, their salts, or optical isomers, or salts of
optical isomers; identification type and identification number
of the identification presented by the recipient; and the name
and address of the pharmacy.
"Identification information" means identification type and
identification number.
"Identification number" means the number that appears on
the identification furnished by the recipient of a targeted
methamphetamine precursor.
"Identification type" means the type of identification
furnished by the recipient of a targeted methamphetamine
precursor such as, by way of example only, an Illinois driver's
license or United States passport.
"Illinois State Police Precursor Tracking Program" or
"Pilot Program Authority" means the program described in
Sections 39.6, 39.7, 39.8, and 39.8-5 of this Act.
"List I chemical" has the meaning provided in 21 U.S.C.
Section 802.
"Methamphetamine precursor" has the meaning provided in
Section 10 of the Methamphetamine Control and Community
Protection Act.
"Methamphetamine Precursor Violation Alert" means a notice
sent by the Pilot Program Authority to pharmacies, retail

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distributors, or law enforcement authorities as described in
subsection (h) of Section 39.5 of this Act.
"Non-covered pharmacy" means any pharmacy that is not a
covered pharmacy.
"Package" means an item packaged and marked for retail sale
that is not designed to be further broken down or subdivided
for the purpose of retail sale.
"Pharmacist" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Pharmacy" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Practitioner" has the meaning provided in Section 102 of
the Illinois Controlled Substances Act.
"Prescriber" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Prescription" has the meaning provided in Section 102 of
the Illinois Controlled Substances Act.
"Qualified outside entity" means a law enforcement agency
or prosecutor's office with authority to identify,
investigate, or prosecute violations of this Act or any other
State or federal law or rule involving a methamphetamine
precursor, methamphetamine, or any other controlled substance,
or a public entity that operates a methamphetamine precursor
tracking program similar in purpose to the Williamson County
Pilot Program or the Illinois State Police Precursor Tracking
Program.

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"Readily retrievable" has the meaning provided in 21 C.F.R.
part 1300.
"Recipient" means a person purchasing, receiving, or
otherwise acquiring a targeted methamphetamine precursor from
a pharmacy in Illinois, as described in Section 25 of this Act.
"Reporting start date" means the date on which covered
pharmacies begin transmitting electronic transaction records
and exempt pharmacies begin sending handwritten logs, as
described in subsection (b) of Section 39 of this Act.
"Retail distributor" means a grocery store, general
merchandise store, drug store, other merchandise store, or
other entity or person whose activities as a distributor
relating to drug products containing targeted methamphetamine
precursor are limited exclusively or almost exclusively to
sales for personal use by an ultimate user, both in number of
sales and volume of sales, either directly to walk-in customers
or in face-to-face transactions by direct sales.
"Sales employee" means any employee or agent, other than a
pharmacist or pharmacy technician who at any time (a) operates
a cash register at which convenience packages may be sold, (b)
stocks shelves containing convenience packages, or (c) trains
or supervises any other employee or agent who engages in any of
the preceding activities.
"Single retail transaction" means a sale by a retail
distributor to a recipient at a specific time.
"Targeted methamphetamine precursor" means any compound,

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mixture, or preparation that contains any detectable quantity
of ephedrine or pseudoephedrine, their salts or optical
isomers, or salts of optical isomers.
"Targeted package" means a package, including a
convenience package, containing any amount of targeted
methamphetamine precursor.
"Ultimate user" has the meaning provided in Section 102 of
the Illinois Controlled Substances Act.
"Williamson County Pilot Program" or "Pilot Program" means
the program described in Sections 36, 37, 38, 39, and 39.5 of
this Act.
"Williamson County Pilot Program Authority" or "Pilot
Program Authority" means the Williamson County Sheriff's
Office or its employees or agents.
"Voluntary participant" means any pharmacy that, although
not required by law to do so, participates in the Williamson
County Pilot Program.
(Source: P.A. 95-640, eff. 6-1-08; 96-50, eff. 10-21-09.)
(720 ILCS 648/25)
Sec. 25. Pharmacies.
(a) No targeted methamphetamine precursor may be knowingly
distributed through a pharmacy, including a pharmacy located
within, owned by, operated by, or associated with a retail
distributor unless all terms of this Section are satisfied.
(b) Any targeted methamphetamine precursor other than a

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convenience package or a liquid, including but not limited to
any targeted methamphetamine precursor in liquid-filled
capsules, shall: be packaged in blister packs, with each
blister containing not more than 2 dosage units, or when the
use of blister packs is technically infeasible, in unit dose
packets. Each targeted package shall contain no more than 3,000
milligrams of ephedrine or pseudoephedrine, their salts or
optical isomers, or salts of optical isomers.
(c) The targeted methamphetamine precursor shall be stored
behind the pharmacy counter and distributed by a pharmacist or
pharmacy technician licensed under the Pharmacy Practice Act,
or by an agent of the pharmacist or pharmacy technician.
(d) Any retail distributor operating a pharmacy, and any
pharmacist or pharmacy technician involved in the transaction
or transactions, shall ensure that any person purchasing,
receiving, or otherwise acquiring the targeted methamphetamine
precursor complies with subsection (a) of Section 20 of this
Act.
(e) Any retail distributor operating a pharmacy, and any
pharmacist or pharmacy technician involved in the transaction
or transactions, shall verify that:
(1) The person purchasing, receiving, or otherwise
acquiring the targeted methamphetamine precursor is 18
years of age or older and resembles the photograph of the
person on the government-issued identification presented
by the person; and

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(2) The name entered into the log referred to in
subsection (a) of Section 20 of this Act corresponds to the
name on the government-issued identification presented by
the person.
(f) The logs referred to in subsection (a) of Section 20 of
this Act shall be kept confidential, maintained for not less
than 4 2 years, and made available for inspection and copying
by any law enforcement officer upon request of that officer.
These logs shall may be kept in an electronic format as
required by the Methamphetamine Precursor Tracking Act if they
include all the information specified in subsection (a) of
Section 20 of this Act in a manner that is readily retrievable
and reproducible in hard-copy format. Pharmacies covered by the
Williamson County Pilot Program described in Sections 36, 37,
38, 39, and 39.5 of this Act and pharmacies covered by the
Illinois State Police Precursor Tracking Program described in
Sections 39.6, 39.7, 39.8, and 39.8-5 of this Act are required
to transmit electronic transaction records to the Pilot Program
Authority in the manner described in those Sections.
(g) No retail distributor operating a pharmacy, and no
pharmacist or pharmacy technician, shall knowingly distribute
any targeted methamphetamine precursor to any person under 18
years of age.
(h) No retail distributor operating a pharmacy, and no
pharmacist or pharmacy technician, shall knowingly distribute
to a single person more than 2 targeted packages in a single

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retail transaction.
(i) No retail distributor operating a pharmacy, and no
pharmacist or pharmacy technician, shall knowingly distribute
to a single person in any 30-day period products containing
more than a total of 7,500 milligrams of ephedrine or
pseudoephedrine, their salts or optical isomers, or salts of
optical isomers.
(j) A pharmacist or pharmacy technician may distribute a
targeted methamphetamine precursor to a person who is without a
form of identification specified in paragraph (1) of subsection
(a) of Section 20 of this Act only if all other provisions of
this Act are followed and either:
(1) the person presents a driver's license issued
without a photograph by the State of Illinois pursuant to
the Illinois Administrative Code, Title 92, Section
1030.90(b)(1) or 1030.90(b)(2); or
(2) the person is known to the pharmacist or pharmacy
technician, the person presents some form of
identification, and the pharmacist or pharmacy technician
reasonably believes that the targeted methamphetamine
precursor will be used for a legitimate medical purpose and
not to manufacture methamphetamine.
(k) When a pharmacist or pharmacy technician distributes a
targeted methamphetamine precursor to a person according to the
procedures set forth in this Act, and the pharmacist or
pharmacy technician does not have access to a working cash

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register at the pharmacy counter, the pharmacist or pharmacy
technician may instruct the person to pay for the targeted
methamphetamine precursor at a cash register located elsewhere
in the retail establishment, whether that register is operated
by a pharmacist, pharmacy technician, or other employee or
agent of the retail establishment.
(Source: P.A. 95-640, eff. 6-1-08; 95-689, eff. 10-29-07;
95-876, eff. 8-21-08; 96-50, eff. 10-21-09.)
(720 ILCS 648/40)
Sec. 40. Penalties.
(a) Violations of subsection (b) of Section 20 of this Act.
(1) Any person who knowingly purchases, receives, or
otherwise acquires, within any 30-day period, products
containing more than a total of 7,500 milligrams of
ephedrine or pseudoephedrine, their salts or optical
isomers, or salts of optical isomers in violation of
subsection (b) of Section 20 of this Act is subject to the
following penalties:
(A) More than 7,500 milligrams but less than 15,000
milligrams, Class B misdemeanor;
(B) 15,000 or more but less than 22,500 milligrams,
Class A misdemeanor;
(C) 22,500 or more but less than 30,000 milligrams,
Class 4 felony;
(D) 30,000 or more but less than 37,500 milligrams,

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Class 3 felony;
(E) 37,500 or more but less than 45,000 milligrams,
Class 2 felony:
(F) 45,000 or more milligrams, Class 1 felony.
(2) Any person who knowingly purchases, receives, or
otherwise acquires, within any 30-day period, products
containing more than a total of 7,500 milligrams of
ephedrine or pseudoephedrine, their salts or optical
isomers, or salts of optical isomers in violation of
subsection (b) of Section 20 of this Act, and who has
previously been convicted of any methamphetamine-related
offense under any State or federal law, is subject to the
following penalties:
(A) More than 7,500 milligrams but less than 15,000
milligrams, Class A misdemeanor;
(B) 15,000 or more but less than 22,500 milligrams,
Class 4 felony;
(C) 22,500 or more but less than 30,000 milligrams,
Class 3 felony;
(D) 30,000 or more but less than 37,500 milligrams,
Class 2 felony;
(E) 37,500 or more milligrams, Class 1 felony.
(3) Any person who knowingly purchases, receives, or
otherwise acquires, within any 30-day period, products
containing more than a total of 7,500 milligrams of
ephedrine or pseudoephedrine, their salts or optical

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isomers, or salts of optical isomers in violation of
subsection (b) of Section 20 of this Act, and who has
previously been convicted 2 or more times of any
methamphetamine-related offense under State or federal
law, is subject to the following penalties:
(A) More than 7,500 milligrams but less than 15,000
milligrams, Class 4 felony;
(B) 15,000 or more but less than 22,500 milligrams,
Class 3 felony;
(C) 22,500 or more but less than 30,000 milligrams,
Class 2 felony;
(D) 30,000 or more milligrams, Class 1 felony.
(b) Violations of Section 15, 20, 25, 30, or 35 of this
Act, other than violations of subsection (b) of Section 20 of
this Act.
(1) Any pharmacy or retail distributor that violates
Section 15, 20, 25, 30, or 35 of this Act, other than
subsection (b) of Section 20 of this Act, is guilty of a
petty offense and subject to a fine of $500 for a first
offense; and $1,000 for a second offense occurring at the
same retail location as and within 3 years of the prior
offense. A pharmacy or retail distributor that violates
this Act is guilty of a business offense and subject to a
fine of $5,000 for a third or subsequent offense occurring
at the same retail location as and within 3 years of the
prior offenses.

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(2) An employee or agent of a pharmacy or retail
distributor who violates Section 15, 20, 25, 30, or 35 of
this Act, other than subsection (b) of Section 20 of this
Act, is guilty of a Class A misdemeanor for a first
offense, a Class 4 felony for a second offense, and a Class
1 felony for a third or subsequent offense.
(3) Any other person who violates Section 15, 20, 25,
30, or 35 of this Act, other than subsection (b) of Section
20 of this Act, is guilty of a Class B misdemeanor for a
first offense, a Class A misdemeanor for a second offense,
and a Class 4 felony for a third or subsequent offense.
(c) (Blank). Any pharmacy or retail distributor that
violates Section 36, 37, 38, 39, 39.5, 39.6, 39.7, 39.8, or
39.8-5 of this Act is guilty of a petty offense and subject to
a fine of $100 for a first offense, $250 for a second offense,
or $500 for a third or subsequent offense.
(d) (Blank). Any person that violates Section 39.5 or
39.8-5 of this Act is guilty of a Class B misdemeanor for a
first offense, a Class A misdemeanor for a second offense, and
a Class 4 felony for a third offense.
(e) Any person who, in order to acquire a targeted
methamphetamine precursor, knowingly uses or provides the
driver's license or government-issued identification of
another person, or who knowingly uses or provides a fictitious
or unlawfully altered driver's license or government-issued
identification, or who otherwise knowingly provides false

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information, is guilty of a Class 4 felony for a first offense,
a Class 3 felony for a second offense, and a Class 2 felony for
a third or subsequent offense.
For purposes of this subsection (e), the terms "fictitious
driver's license", "unlawfully altered driver's license", and
"false information" have the meanings ascribed to them in
Section 6-301.1 of the Illinois Vehicle Code.
(Source: P.A. 95-252, eff. 1-1-08; 95-640, eff. 6-1-08; 95-876,
eff. 8-21-08; 96-50, eff. 10-21-09.)
(720 ILCS 648/55)
Sec. 55. Preemption and home rule powers. The regulation of
the sale of targeted methamphetamine precursors and targeted
packages are exclusive powers and functions of the State. A
county or municipality, including a home rule unit, may not
regulate the sale of targeted methamphetamine precursors and
targeted packages. This Section is a denial and limitation of
home rule powers under subsection (h) of Section 6 of Article
VII of the Illinois Constitution. (a) Except as provided in
subsection (b) of this Section and in Sections 36, 37, 38, 39,
39.5, 39.6, 39.7, 39.8, and 39.8-5 of this Act, a county or
municipality, including a home rule unit, may regulate the sale
of targeted methamphetamine precursor and targeted packages in
a manner that is not more or less restrictive than the
regulation by the State under this Act. This Section is a
limitation under subsection (i) of Section 6 of Article VII of

SB0073 Enrolled - 24 - LRB097 02906 RLC 42930 b
the Illinois Constitution on the concurrent exercise by home
rule units of the powers and functions exercised by the State.
(b) Any regulation of the sale of targeted methamphetamine
precursor and targeted packages by a home rule unit that took
effect on or before May 1, 2004, is exempt from the provisions
of subsection (a) of this Section.
(Source: P.A. 95-640, eff. 6-1-08; 96-50, eff. 10-21-09.)
(720 ILCS 648/36 rep.)
(720 ILCS 648/37 rep.)
(720 ILCS 648/38 rep.)
(720 ILCS 648/39 rep.)
(720 ILCS 648/39.5 rep.)
(720 ILCS 648/39.6 rep.)
(720 ILCS 648/39.7 rep.)
(720 ILCS 648/39.8 rep.)
(720 ILCS 648/39.8-5 rep.)
(720 ILCS 648/45 rep.)
Section 110. The Methamphetamine Precursor Control Act is
amended by repealing Sections 36, 37, 38, 39, 39.5, 39.6, 39.7,
39.8, 39.8-5, and 45.
Section 999. Effective date. This Act takes effect upon
becoming law.