Illinois 104th General Assembly Status: Introduced 6 R cosponsors

HB1038      — CONTROL SUB-FENTANYL PENALTIES

Last action — Added Co-Sponsor Rep. Christopher "C.D." Davidsmeyer

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been introduced in the House. Introduced December 17, 2024. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Prognosis

Not enough signal yet

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

Not enough signal yet to read this bill's trajectory — we surface a likelihood only once there's real movement (stage, sponsorship, committee, or votes) to point to.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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

Bill Text

We don't have the full text on file for this bill yet.

Read HB1038 on the official Illinois source →

Action History

  1. Added Co-Sponsor Rep. Christopher "C.D." Davidsmeyer

  2. Added Co-Sponsor Rep. Norine K. Hammond

  3. Added Co-Sponsor Rep. Brad Halbrook

  4. Added Co-Sponsor Rep. Dennis Tipsword

  5. Added Co-Sponsor Rep. Tony M. McCombie

  6. Referred to Rules Committee

  7. First Reading

  8. Prefiled with Clerk by Rep. John M. Cabello

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 177 not signed on

Sponsors (1)

Co-sponsors (5)

Not signed on (177)

177 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB1038      do?
Amends the Illinois Controlled Substances Act. Increases the penalties by 3 years for a minimum sentence and 10 years for a maximum sentence for the knowing manufacture or delivery or possession with intent to manufacture or deliver 15 grams or more of any substance containing fentanyl, or an analog thereof. Provides that the knowing manufacture or delivery or possession with intent to manufacture or deliver 15 grams or more of any substance containing fentanyl, or an analog thereof of one gram or more but less than 15 grams of any substance containing fentanyl, or an analog thereof is a Class X (rather than a Class 1) felony. Provides that excluding violations of the Act when the controlled substance is fentanyl, any person sentenced to a term of imprisonment with respect to violations of these provisions, controlled substance trafficking, calculated criminal drug conspiracy, criminal drug conspiracy, streetgang criminal drug conspiracy, or delivery of controlled substances to persons under 18 years of age or at truck stops, safety rest areas, or school, when the substance containing the controlled substance contains any amount of fentanyl, 6 (rather than 3) years shall be added to the term of imprisonment imposed by the court, and the maximum sentence for the offense shall be increased by 6 (rather than 3) years. With respect to the offense of controlled substance trafficking, if the substance trafficked contains any amount of fentanyl, a person convicted of controlled substance trafficking shall be sentenced to a term of imprisonment not less than 3 times the minimum term and fined an amount as authorized by this Act, based upon the amount of fentanyl brought or caused to be brought into the State, and not more than 3 times the maximum term of imprisonment and fined 3 times the amount as authorized by this Act, based upon the amount of fentanyl brought or caused to be brought into the State.
Who sponsors HB1038     ?
HB1038      is sponsored by John M. Cabello (Republican), Tony M. McCombie (Republican), Dennis Tipsword (Republican), Brad Halbrook (Republican), Norine K. Hammond (Republican), and Christopher "C.D." Davidsmeyer (Republican).
What is the current status of HB1038     ?
This bill has been introduced in the House. Introduced December 17, 2024. It must pass committee before a floor vote.
Where can I track HB1038     ?
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Last checked for changes 4 months ago · updated continuously

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