Rep. Daniel V. Beiser
Filed: 3/13/2014
 
 


 




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1
AMENDMENT TO HOUSE BILL 4093




2 AMENDMENT NO. ______. Amend House Bill 4093 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Methamphetamine Control and Community 
5Protection Act is amended by changing Section 15 as follows:

6 (720 ILCS 646/15)
7 Sec. 15. Participation in methamphetamine manufacturing. 
8 (a) Participation in methamphetamine manufacturing.

9  (1) It is unlawful to knowingly participate in the 
10 manufacture of methamphetamine with the intent that 
11 methamphetamine or a substance containing methamphetamine 
12 be produced.

13  (2) A person who violates paragraph (1) of this 
14 subsection (a) is subject to the following penalties:

15   (A) A person who participates in the manufacture of 
16 less than 15 grams of methamphetamine or a substance 
 
 
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1 containing methamphetamine is guilty of a Class 1 
2 felony.

3   (B) A person who participates in the manufacture of 
4 15 or more grams but less than 100 grams of 
5 methamphetamine or a substance containing 
6 methamphetamine is guilty of a Class X felony, subject 
7 to a term of imprisonment of not less than 6 years and 
8 not more than 30 years, and subject to a fine not to 
9 exceed $100,000 or the street value of the 
10 methamphetamine manufactured, whichever is greater.

11   (C) A person who participates in the manufacture of 
12 100 or more grams but less than 400 grams of 
13 methamphetamine or a substance containing 
14 methamphetamine is guilty of a Class X felony, subject 
15 to a term of imprisonment of not less than 9 years and 
16 not more than 40 years, and subject to a fine not to 
17 exceed $200,000 or the street value of the 
18 methamphetamine manufactured, whichever is greater.

19   (D) A person who participates in the manufacture of 
20 400 or more grams but less than 900 grams of 
21 methamphetamine or a substance containing 
22 methamphetamine is guilty of a Class X felony, subject 
23 to a term of imprisonment of not less than 12 years and 
24 not more than 50 years, and subject to a fine not to 
25 exceed $300,000 or the street value of the 
26 methamphetamine manufactured, whichever is greater.

 
 
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1   (E) A person who participates in the manufacture of 
2 900 grams or more of methamphetamine or a substance 
3 containing methamphetamine is guilty of a Class X 
4 felony, subject to a term of imprisonment of not less 
5 than 15 years and not more than 60 years, and subject 
6 to a fine not to exceed $400,000 or the street value of 
7 the methamphetamine, whichever is greater.

8 (b) Aggravated participation in methamphetamine 
9manufacturing.

10  (1) It is unlawful to engage in aggravated 
11 participation in the manufacture of methamphetamine. A 
12 person engages in aggravated participation in the 
13 manufacture of methamphetamine when the person violates 
14 paragraph (1) of subsection (a) and:

15   (A) the person knowingly does so in a multi-unit 
16 dwelling;

17   (B) the person knowingly does so in a structure or 
18 vehicle where a child under the age of 18, a person 
19 with a disability, or a person 60 years of age or older 
20 who is incapable of adequately providing for his or her 
21 own health and personal care resides, is present, or is 
22 endangered by the manufacture of methamphetamine;

23   (C) the person does so in a structure or vehicle 
24 where a woman the person knows to be pregnant 
25 (including but not limited to the person herself) 
26 resides, is present, or is endangered by the 
 
 
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1 methamphetamine manufacture;

2   (D) the person knowingly does so in a structure or 
3 vehicle protected by one or more firearms, explosive 
4 devices, booby traps, alarm systems, surveillance 
5 systems, guard dogs, or dangerous animals;

6   (E) the methamphetamine manufacturing in which the 
7 person participates is a contributing cause of the 
8 death, serious bodily injury, disability, or 
9 disfigurement of another person, including but not 
10 limited to an emergency service provider;

11   (F) the methamphetamine manufacturing in which the 
12 person participates is a contributing cause of a fire 
13 or explosion that damages property belonging to 
14 another person;

15   (G) the person knowingly organizes, directs, or 
16 finances the methamphetamine manufacturing or 
17 activities carried out in support of the 
18 methamphetamine manufacturing; or

19   (H) the methamphetamine manufacturing occurs 
20 within 1,000 feet of a place of worship or parsonage, 
21 or within 1,000 feet of the real property comprising 
22 any school, or within 1,000 feet of a site posted as a 
23 pick-up or discharge stop for any conveyance owned, 
24 leased, or contracted by a school to transport students 
25 to or from school or a school related activity.

26  (2) A person who violates paragraph (1) of this 
 
 
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1 subsection (b) is subject to the following penalties:

2   (A) A person who participates in the manufacture of 
3 less than 15 grams of methamphetamine or a substance 
4 containing methamphetamine is guilty of a Class X 
5 felony, subject to a term of imprisonment of not less 
6 than 6 years and not more than 30 years, and subject to 
7 a fine not to exceed $100,000 or the street value of 
8 the methamphetamine, whichever is greater.

9   (B) A person who participates in the manufacture of 
10 15 or more grams but less than 100 grams of 
11 methamphetamine or a substance containing 
12 methamphetamine is guilty of a Class X felony, subject 
13 to a term of imprisonment of not less than 9 years and 
14 not more than 40 years, and subject to a fine not to 
15 exceed $200,000 or the street value of the 
16 methamphetamine, whichever is greater.

17   (C) A person who participates in the manufacture of 
18 100 or more grams but less than 400 grams of 
19 methamphetamine or a substance containing 
20 methamphetamine is guilty of a Class X felony, subject 
21 to a term of imprisonment of not less than 12 years and 
22 not more than 50 years, and subject to a fine not to 
23 exceed $300,000 or the street value of the 
24 methamphetamine, whichever is greater.

25   (D) A person who participates in the manufacture of 
26 400 grams or more of methamphetamine or a substance 
 
 
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1 containing methamphetamine is guilty of a Class X 
2 felony, subject to a term of imprisonment of not less 
3 than 15 years and not more than 60 years, and subject 
4 to a fine not to exceed $400,000 or the street value of 
5 the methamphetamine, whichever is greater.


6(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06; 
795-571, eff. 6-1-08.)".