Illinois 95th Regular Session Status: Enacted

SB 129 — CONTROLLED SUB-FENTANYL

Last action — Public Act . . . . . . . . . 95-0259

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

This bill has been enacted into law. Introduced January 31, 2007. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    0 primary, 10 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

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. Establishes penalties for the knowing manufacture or delivery of, or possession with intent to manufacture or deliver, fentanyl. Provides that 3 years shall be added to the term of imprisonment and the maximum sentence shall be increased by 3 years if the substance containing a controlled substance contains any amount of fentanyl (except for violations in which the controlled substance is fentanyl). Amends the Unified Code of Corrections. Provides that probation, periodic imprisonment, or conditional discharge may not be imposed for the knowing manufacture or delivery of, or possession with intent to manufacture or deliver, more than 5 grams of a substance containing fentanyl. Effective immediately.

Bill Text

What changed in the latest version

51 added · 51 removed

Plain-language change summary

The latest version of Bill SB 129 has replaced the words "Engrossed" with "Enrolled" throughout the document. This change indicates that the bill has moved to a later stage in the legislative process, where it is now finalized and ready for consideration by the governor. This step is important as it reflects that the bill has passed through the necessary legislative hurdles and is closer to becoming law.

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SB0129 Engrossed LRB095 02351 RLC 22353 b AN ACT concerning criminal law.
SB0129 Enrolled LRB095 02351 RLC 22353 b AN ACT concerning criminal law.
phenethylamines, N-substituted piperidines, SB0129 Engrossed - 2 - LRB095 02351 RLC 22353 b morphinans, ecgonines, quinazolinones, substituted indoles, and arylcycloalkylamines.
phenethylamines, N-substituted piperidines, SB0129 Enrolled - 2 - LRB095 02351 RLC 22353 b morphinans, ecgonines, quinazolinones, substituted indoles, and arylcycloalkylamines.
(D) not less than 15 years and not more than 60 years with respect to 900 grams or more of any SB0129 Engrossed - 3 - LRB095 02351 RLC 22353 b substance containing heroin, or an analog thereof;
(D) not less than 15 years and not more than 60 years with respect to 900 grams or more of any SB0129 Enrolled - 3 - LRB095 02351 RLC 22353 b substance containing heroin, or an analog thereof;
(C) not less than 12 years and not more than 50 years with respect to 400 grams or more but less than SB0129 Engrossed - 4 - LRB095 02351 RLC 22353 b 900 grams of a substance containing cocaine, or an analog thereof;
(C) not less than 12 years and not more than 50 years with respect to 400 grams or more but less than SB0129 Enrolled - 4 - LRB095 02351 RLC 22353 b 900 grams of a substance containing cocaine, or an analog thereof;
(6) 200 grams or more of any substance containing SB0129 Engrossed - 5 - LRB095 02351 RLC 22353 b amphetamine or any salt of an optical isomer of amphetamine, or an analog thereof;
(6) 200 grams or more of any substance containing SB0129 Enrolled - 5 - LRB095 02351 RLC 22353 b amphetamine or any salt of an optical isomer of amphetamine, or an analog thereof;
(i) 400 grams or more but less SB0129 Engrossed - 6 - LRB095 02351 RLC 22353 b than 900 grams of a substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 600 or more objects or 600 or more segregated parts of an object or objects but less than 1500 objects or 1500 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
(i) 400 grams or more but less SB0129 Enrolled - 6 - LRB095 02351 RLC 22353 b than 900 grams of a substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) 600 or more objects or 600 or more segregated parts of an object or objects but less than 1500 objects or 1500 segregated parts of an object or objects containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
(i) 15 grams or more but less than 100 grams of a substance listed in paragraph (1), (2), (2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 15 or more pills, tablets, caplets, capsules, or objects but less than 200 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amounts of any substance listed in paragraph (1), (2), (2.1), (3), SB0129 Engrossed - 7 - LRB095 02351 RLC 22353 b (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
(i) 15 grams or more but less than 100 grams of a substance listed in paragraph (1), (2), (2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 15 or more pills, tablets, caplets, capsules, or objects but less than 200 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amounts of any substance listed in paragraph (1), (2), (2.1), (3), SB0129 Enrolled - 7 - LRB095 02351 RLC 22353 b (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
(i) 400 grams or more but less than 900 grams of a substance listed in paragraph (1), (2), (2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 600 or more pills, tablets, caplets, capsules, or objects but less than 1,500 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), SB0129 Engrossed - 8 - LRB095 02351 RLC 22353 b (2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
(i) 400 grams or more but less than 900 grams of a substance listed in paragraph (1), (2), (2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof, or (ii) 600 or more pills, tablets, caplets, capsules, or objects but less than 1,500 pills, tablets, caplets, capsules, or objects containing in them or having upon them any amount of any substance listed in paragraph (1), (2), SB0129 Enrolled - 8 - LRB095 02351 RLC 22353 b (2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of subsection (d) of Section 204, or an analog or derivative thereof;
SB0129 Engrossed - 9 - LRB095 02351 RLC 22353 b (11) 200 grams or more of any substance containing any other controlled substance classified in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection.
SB0129 Enrolled - 9 - LRB095 02351 RLC 22353 b (11) 200 grams or more of any substance containing any other controlled substance classified in Schedules I or II, or an analog thereof, which is not otherwise included in this subsection.
(c) Any person who violates this Section with regard to the following amounts of controlled or counterfeit substances or SB0129 Engrossed - 10 - LRB095 02351 RLC 22353 b controlled substance analogs, notwithstanding any of the provisions of subsections (a), (b), (d), (e), (f), (g) or (h) to the contrary, is guilty of a Class 1 felony.
(c) Any person who violates this Section with regard to the following amounts of controlled or counterfeit substances or SB0129 Enrolled - 10 - LRB095 02351 RLC 22353 b controlled substance analogs, notwithstanding any of the provisions of subsections (a), (b), (d), (e), (f), (g) or (h) to the contrary, is guilty of a Class 1 felony.
(7) (i) 5 grams or more but less than 15 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) more than 10 objects or more SB0129 Engrossed - 11 - LRB095 02351 RLC 22353 b than 10 segregated parts of an object or objects but less than 15 objects or less than 15 segregated parts of an object containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
(7) (i) 5 grams or more but less than 15 grams of any substance containing lysergic acid diethylamide (LSD), or an analog thereof, or (ii) more than 10 objects or more SB0129 Enrolled - 11 - LRB095 02351 RLC 22353 b than 10 segregated parts of an object or objects but less than 15 objects or less than 15 segregated parts of an object containing in them or having upon them any amount of any substance containing lysergic acid diethylamide (LSD), or an analog thereof;
(10) 10 grams or more but less than 30 grams of any substance containing phencyclidine or any of the salts, SB0129 Engrossed - 12 - LRB095 02351 RLC 22353 b isomers and salts of isomers of phencyclidine (PCP), or an analog thereof;
(10) 10 grams or more but less than 30 grams of any substance containing phencyclidine or any of the salts, SB0129 Enrolled - 12 - LRB095 02351 RLC 22353 b isomers and salts of isomers of phencyclidine (PCP), or an analog thereof;
The fine for violation of this subsection (e) SB0129 Engrossed - 13 - LRB095 02351 RLC 22353 b shall not be more than $150,000.
The fine for violation of this subsection (e) SB0129 Enrolled - 13 - LRB095 02351 RLC 22353 b shall not be more than $150,000.
SB0129 Engrossed - 14 - LRB095 02351 RLC 22353 b (730 ILCS 5/5-5-3) (from Ch.
SB0129 Enrolled - 14 - LRB095 02351 RLC 22353 b (730 ILCS 5/5-5-3) (from Ch.
(9) A term of imprisonment in combination with a term of probation when the offender has been admitted into a SB0129 Engrossed - 15 - LRB095 02351 RLC 22353 b drug court program under Section 20 of the Drug Court Treatment Act.
(9) A term of imprisonment in combination with a term of probation when the offender has been admitted into a SB0129 Enrolled - 15 - LRB095 02351 RLC 22353 b drug court program under Section 20 of the Drug Court Treatment Act.
(D) A violation of Section 401.1 or 407 of the Illinois Controlled Substances Act, or a violation of subdivision (c)(1) , (c)(1.5), or (c)(2) of Section 401 of that Act which relates to more than 5 grams of a substance containing heroin, or cocaine, fentanyl, or SB0129 Engrossed - 16 - LRB095 02351 RLC 22353 b an analog thereof.
(D) A violation of Section 401.1 or 407 of the Illinois Controlled Substances Act, or a violation of subdivision (c)(1) , (c)(1.5), or (c)(2) of Section 401 of that Act which relates to more than 5 grams of a substance containing heroin, or cocaine, fentanyl, or SB0129 Enrolled - 16 - LRB095 02351 RLC 22353 b an analog thereof.
Beginning July 1, 1994, for the purposes of this SB0129 Engrossed - 17 - LRB095 02351 RLC 22353 b paragraph, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
Beginning July 1, 1994, for the purposes of this SB0129 Enrolled - 17 - LRB095 02351 RLC 22353 b paragraph, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
SB0129 Engrossed - 18 - LRB095 02351 RLC 22353 b (3) (Blank).
SB0129 Enrolled - 18 - LRB095 02351 RLC 22353 b (3) (Blank).
(4.6) A minimum term of imprisonment of 180 days shall be imposed for a fourth or subsequent violation of subsection (c) of Section 6-303 of the Illinois Vehicle SB0129 Engrossed - 19 - LRB095 02351 RLC 22353 b Code.
(4.6) A minimum term of imprisonment of 180 days shall be imposed for a fourth or subsequent violation of subsection (c) of Section 6-303 of the Illinois Vehicle SB0129 Enrolled - 19 - LRB095 02351 RLC 22353 b Code.
(5.3) In addition to any penalties imposed under paragraph (5) of this subsection (c), a person convicted of SB0129 Engrossed - 20 - LRB095 02351 RLC 22353 b violating subsection (c) of Section 11-907 of the Illinois Vehicle Code shall have his or her driver’s license, permit, or privileges suspended for 2 years, if the violation resulted in the death of another person.
(5.3) In addition to any penalties imposed under paragraph (5) of this subsection (c), a person convicted of SB0129 Enrolled - 20 - LRB095 02351 RLC 22353 b violating subsection (c) of Section 11-907 of the Illinois Vehicle Code shall have his or her driver’s license, permit, or privileges suspended for 2 years, if the violation resulted in the death of another person.
A person sentenced as a Class X offender under this paragraph is not eligible to apply for treatment as a SB0129 Engrossed - 21 - LRB095 02351 RLC 22353 b condition of probation as provided by Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act.
A person sentenced as a Class X offender under this paragraph is not eligible to apply for treatment as a SB0129 Enrolled - 21 - LRB095 02351 RLC 22353 b condition of probation as provided by Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act.
(12) A person may not receive a disposition of court supervision for a violation of Section 5-16 of the Boat Registration and Safety Act if that person has previously SB0129 Engrossed - 22 - LRB095 02351 RLC 22353 b received a disposition of court supervision for a violation of that Section.
(12) A person may not receive a disposition of court supervision for a violation of Section 5-16 of the Boat Registration and Safety Act if that person has previously SB0129 Enrolled - 22 - LRB095 02351 RLC 22353 b received a disposition of court supervision for a violation of that Section.
SB0129 Engrossed - 23 - LRB095 02351 RLC 22353 b (1) the court finds (A) or (B) or both are appropriate:
SB0129 Enrolled - 23 - LRB095 02351 RLC 22353 b (1) the court finds (A) or (B) or both are appropriate:
except where the court determines at the hearing that the defendant violated a condition of his or her probation restricting contact with the victim or other family members or SB0129 Engrossed - 24 - LRB095 02351 RLC 22353 b commits another offense with the victim or other family members, the court shall revoke the defendant’s probation and impose a term of imprisonment.
except where the court determines at the hearing that the defendant violated a condition of his or her probation restricting contact with the victim or other family members or SB0129 Enrolled - 24 - LRB095 02351 RLC 22353 b commits another offense with the victim or other family members, the court shall revoke the defendant’s probation and impose a term of imprisonment.
Except as otherwise provided by law, the results of such test shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in which the conviction was entered for the judge’s inspection in SB0129 Engrossed - 25 - LRB095 02351 RLC 22353 b camera.
Except as otherwise provided by law, the results of such test shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in which the conviction was entered for the judge’s inspection in SB0129 Enrolled - 25 - LRB095 02351 RLC 22353 b camera.
(g-5) When an inmate is tested for an airborne communicable disease, as determined by the Illinois Department of Public Health including but not limited to tuberculosis, the results of the test shall be personally delivered by the warden or his or her designee in a sealed envelope to the judge of the court SB0129 Engrossed - 26 - LRB095 02351 RLC 22353 b in which the inmate must appear for the judge’s inspection in camera if requested by the judge.
(g-5) When an inmate is tested for an airborne communicable disease, as determined by the Illinois Department of Public Health including but not limited to tuberculosis, the results of the test shall be personally delivered by the warden or his or her designee in a sealed envelope to the judge of the court SB0129 Enrolled - 26 - LRB095 02351 RLC 22353 b in which the inmate must appear for the judge’s inspection in camera if requested by the judge.
A State’s Attorney may petition the court to SB0129 Engrossed - 27 - LRB095 02351 RLC 22353 b obtain the results of any HIV test administered under this Section, and the court shall grant the disclosure if the State’s Attorney shows it is relevant in order to prosecute a charge of criminal transmission of HIV under Section 12-16.2 of the Criminal Code of 1961 against the defendant.
A State’s Attorney may petition the court to SB0129 Enrolled - 27 - LRB095 02351 RLC 22353 b obtain the results of any HIV test administered under this Section, and the court shall grant the disclosure if the State’s Attorney shows it is relevant in order to prosecute a charge of criminal transmission of HIV under Section 12-16.2 of the Criminal Code of 1961 against the defendant.
(j) In cases when prosecution for any violation of Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, any violation of the Illinois Controlled Substances Act, any violation of the Cannabis Control Act, or any violation of the Methamphetamine Control and Community Protection Act results in conviction, a disposition of court supervision, or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substance Act, or Section 70 of the Methamphetamine SB0129 Engrossed - 28 - LRB095 02351 RLC 22353 b Control and Community Protection Act of a defendant, the court shall determine whether the defendant is employed by a facility or center as defined under the Child Care Act of 1969, a public or private elementary or secondary school, or otherwise works with children under 18 years of age on a daily basis.
(j) In cases when prosecution for any violation of Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, any violation of the Illinois Controlled Substances Act, any violation of the Cannabis Control Act, or any violation of the Methamphetamine Control and Community Protection Act results in conviction, a disposition of court supervision, or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substance Act, or Section 70 of the Methamphetamine SB0129 Enrolled - 28 - LRB095 02351 RLC 22353 b Control and Community Protection Act of a defendant, the court shall determine whether the defendant is employed by a facility or center as defined under the Child Care Act of 1969, a public or private elementary or secondary school, or otherwise works with children under 18 years of age on a daily basis.
If a defendant fails to complete the educational training required by his or her sentence during the SB0129 Engrossed - 29 - LRB095 02351 RLC 22353 b term of incarceration, the Prisoner Review Board shall, as a condition of mandatory supervised release, require the defendant, at his or her own expense, to pursue a course of study toward a high school diploma or passage of the GED test.
If a defendant fails to complete the educational training required by his or her sentence during the SB0129 Enrolled - 29 - LRB095 02351 RLC 22353 b term of incarceration, the Prisoner Review Board shall, as a condition of mandatory supervised release, require the defendant, at his or her own expense, to pursue a course of study toward a high school diploma or passage of the GED test.
(l) (A) Except as provided in paragraph (C) of subsection (l), whenever a defendant, who is an alien as defined by the Immigration and Nationality Act, is convicted of any SB0129 Engrossed - 30 - LRB095 02351 RLC 22353 b felony or misdemeanor offense, the court after sentencing the defendant may, upon motion of the State’s Attorney, hold sentence in abeyance and remand the defendant to the custody of the Attorney General of the United States or his or her designated agent to be deported when:
(l) (A) Except as provided in paragraph (C) of subsection (l), whenever a defendant, who is an alien as defined by the Immigration and Nationality Act, is convicted of any SB0129 Enrolled - 30 - LRB095 02351 RLC 22353 b felony or misdemeanor offense, the court after sentencing the defendant may, upon motion of the State’s Attorney, hold sentence in abeyance and remand the defendant to the custody of the Attorney General of the United States or his or her designated agent to be deported when:
(1) a final order of deportation has been issued against the defendant pursuant to proceedings under the Immigration and Nationality Act, and (2) the deportation of the defendant would not SB0129 Engrossed - 31 - LRB095 02351 RLC 22353 b deprecate the seriousness of the defendant’s conduct and would not be inconsistent with the ends of justice.
(1) a final order of deportation has been issued against the defendant pursuant to proceedings under the Immigration and Nationality Act, and (2) the deportation of the defendant would not SB0129 Enrolled - 31 - LRB095 02351 RLC 22353 b deprecate the seriousness of the defendant’s conduct and would not be inconsistent with the ends of justice.
(n) The court may sentence a person convicted of a violation of Section 12-19, 12-21, or 16-1.3 of the Criminal Code of 1961 (i) to an impact incarceration program if the person is otherwise eligible for that program under Section 5-8-1.1, (ii) to community service, or (iii) if the person is SB0129 Engrossed - 32 - LRB095 02351 RLC 22353 b an addict or alcoholic, as defined in the Alcoholism and Other Drug Abuse and Dependency Act, to a substance or alcohol abuse program licensed under that Act.
(n) The court may sentence a person convicted of a violation of Section 12-19, 12-21, or 16-1.3 of the Criminal Code of 1961 (i) to an impact incarceration program if the person is otherwise eligible for that program under Section 5-8-1.1, (ii) to community service, or (iii) if the person is SB0129 Enrolled - 32 - LRB095 02351 RLC 22353 b an addict or alcoholic, as defined in the Alcoholism and Other Drug Abuse and Dependency Act, to a substance or alcohol abuse program licensed under that Act.
SB0129 Engrossed - 33 - LRB095 02351 RLC 22353 b (4) A term of imprisonment.
SB0129 Enrolled - 33 - LRB095 02351 RLC 22353 b (4) A term of imprisonment.
The court shall sentence the offender to not less than the minimum term of imprisonment SB0129 Engrossed - 34 - LRB095 02351 RLC 22353 b set forth in this Code for the following offenses, and may order a fine or restitution or both in conjunction with such term of imprisonment:
The court shall sentence the offender to not less than the minimum term of imprisonment SB0129 Enrolled - 34 - LRB095 02351 RLC 22353 b set forth in this Code for the following offenses, and may order a fine or restitution or both in conjunction with such term of imprisonment:
(G) Residential burglary, except as otherwise provided in Section 40-10 of the Alcoholism and Other SB0129 Engrossed - 35 - LRB095 02351 RLC 22353 b Drug Abuse and Dependency Act.
(G) Residential burglary, except as otherwise provided in Section 40-10 of the Alcoholism and Other SB0129 Enrolled - 35 - LRB095 02351 RLC 22353 b Drug Abuse and Dependency Act.
SB0129 Engrossed - 36 - LRB095 02351 RLC 22353 b (O) A violation of Section 12-6.1 of the Criminal Code of 1961.
SB0129 Enrolled - 36 - LRB095 02351 RLC 22353 b (O) A violation of Section 12-6.1 of the Criminal Code of 1961.
SB0129 Engrossed - 37 - LRB095 02351 RLC 22353 b (4.4) Except as provided in paragraph (4.5) and paragraph (4.6) of this subsection (c), a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, shall be imposed for a third or subsequent violation of Section 6-303 of the Illinois Vehicle Code.
SB0129 Enrolled - 37 - LRB095 02351 RLC 22353 b (4.4) Except as provided in paragraph (4.5) and paragraph (4.6) of this subsection (c), a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, shall be imposed for a third or subsequent violation of Section 6-303 of the Illinois Vehicle Code.
(5.1) In addition to any penalties imposed under paragraph (5) of this subsection (c), and except as provided in paragraph (5.2) or (5.3), a person convicted of violating subsection (c) of Section 11-907 of the Illinois Vehicle Code shall have his or her driver’s license, permit, or privileges suspended for at least 90 days but SB0129 Engrossed - 38 - LRB095 02351 RLC 22353 b not more than one year, if the violation resulted in damage to the property of another person.
(5.1) In addition to any penalties imposed under paragraph (5) of this subsection (c), and except as provided in paragraph (5.2) or (5.3), a person convicted of violating subsection (c) of Section 11-907 of the Illinois Vehicle Code shall have his or her driver’s license, permit, or privileges suspended for at least 90 days but SB0129 Enrolled - 38 - LRB095 02351 RLC 22353 b not more than one year, if the violation resulted in damage to the property of another person.
(5.5) In addition to any penalties imposed under paragraph (5) of this subsection (c), a person convicted of violating Section 3-707 of the Illinois Vehicle Code during a period in which his or her driver’s license, permit, or SB0129 Engrossed - 39 - LRB095 02351 RLC 22353 b privileges were suspended for a previous violation of that Section shall have his or her driver’s license, permit, or privileges suspended for an additional 6 months after the expiration of the original 3-month suspension and until he or she has paid a reinstatement fee of $100.
(5.5) In addition to any penalties imposed under paragraph (5) of this subsection (c), a person convicted of violating Section 3-707 of the Illinois Vehicle Code during a period in which his or her driver’s license, permit, or SB0129 Enrolled - 39 - LRB095 02351 RLC 22353 b privileges were suspended for a previous violation of that Section shall have his or her driver’s license, permit, or privileges suspended for an additional 6 months after the expiration of the original 3-month suspension and until he or she has paid a reinstatement fee of $100.
A person sentenced as a Class X offender under SB0129 Engrossed - 40 - LRB095 02351 RLC 22353 b this paragraph is not eligible to apply for treatment as a condition of probation as provided by Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act.
A person sentenced as a Class X offender under SB0129 Enrolled - 40 - LRB095 02351 RLC 22353 b this paragraph is not eligible to apply for treatment as a condition of probation as provided by Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act.
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(12) A person may not receive a disposition of court supervision for a violation of Section 5-16 of the Boat SB0129 Engrossed - 41 - LRB095 02351 RLC 22353 b Registration and Safety Act if that person has previously received a disposition of court supervision for a violation of that Section.
(12) A person may not receive a disposition of court supervision for a violation of Section 5-16 of the Boat SB0129 Enrolled - 41 - LRB095 02351 RLC 22353 b Registration and Safety Act if that person has previously received a disposition of court supervision for a violation of that Section.
(e) In cases where prosecution for aggravated criminal sexual abuse under Section 12-16 of the Criminal Code of 1961 results in conviction of a defendant who was a family member of the victim at the time of the commission of the offense, the court shall consider the safety and welfare of the victim and SB0129 Engrossed - 42 - LRB095 02351 RLC 22353 b may impose a sentence of probation only where:
(e) In cases where prosecution for aggravated criminal sexual abuse under Section 12-16 of the Criminal Code of 1961 results in conviction of a defendant who was a family member of the victim at the time of the commission of the offense, the court shall consider the safety and welfare of the victim and SB0129 Enrolled - 42 - LRB095 02351 RLC 22353 b may impose a sentence of probation only where:
except where the court determines at the hearing that the defendant violated a condition of his or her probation SB0129 Engrossed - 43 - LRB095 02351 RLC 22353 b restricting contact with the victim or other family members or commits another offense with the victim or other family members, the court shall revoke the defendant’s probation and impose a term of imprisonment.
except where the court determines at the hearing that the defendant violated a condition of his or her probation SB0129 Enrolled - 43 - LRB095 02351 RLC 22353 b restricting contact with the victim or other family members or commits another offense with the victim or other family members, the court shall revoke the defendant’s probation and impose a term of imprisonment.
Except as otherwise provided by law, the results of such test shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in SB0129 Engrossed - 44 - LRB095 02351 RLC 22353 b which the conviction was entered for the judge’s inspection in camera.
Except as otherwise provided by law, the results of such test shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in SB0129 Enrolled - 44 - LRB095 02351 RLC 22353 b which the conviction was entered for the judge’s inspection in camera.
(g-5) When an inmate is tested for an airborne communicable disease, as determined by the Illinois Department of Public Health including but not limited to tuberculosis, the results of the test shall be personally delivered by the warden or his SB0129 Engrossed - 45 - LRB095 02351 RLC 22353 b or her designee in a sealed envelope to the judge of the court in which the inmate must appear for the judge’s inspection in camera if requested by the judge.
(g-5) When an inmate is tested for an airborne communicable disease, as determined by the Illinois Department of Public Health including but not limited to tuberculosis, the results of the test shall be personally delivered by the warden or his SB0129 Enrolled - 45 - LRB095 02351 RLC 22353 b or her designee in a sealed envelope to the judge of the court in which the inmate must appear for the judge’s inspection in camera if requested by the judge.
The court shall provide information on the availability of HIV testing and counseling at Department of Public Health facilities to all parties to whom the results of the testing are revealed and shall direct the State’s Attorney to provide the information to the victim SB0129 Engrossed - 46 - LRB095 02351 RLC 22353 b when possible.
The court shall provide information on the availability of HIV testing and counseling at Department of Public Health facilities to all parties to whom the results of the testing are revealed and shall direct the State’s Attorney to provide the information to the victim SB0129 Enrolled - 46 - LRB095 02351 RLC 22353 b when possible.
(j) In cases when prosecution for any violation of Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, any violation of the Illinois Controlled Substances Act, any violation of the Cannabis Control Act, or any violation of the Methamphetamine Control and Community Protection Act results in conviction, a disposition of court supervision, or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois SB0129 Engrossed - 47 - LRB095 02351 RLC 22353 b Controlled Substance Act, or Section 70 of the Methamphetamine Control and Community Protection Act of a defendant, the court shall determine whether the defendant is employed by a facility or center as defined under the Child Care Act of 1969, a public or private elementary or secondary school, or otherwise works with children under 18 years of age on a daily basis.
(j) In cases when prosecution for any violation of Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, any violation of the Illinois Controlled Substances Act, any violation of the Cannabis Control Act, or any violation of the Methamphetamine Control and Community Protection Act results in conviction, a disposition of court supervision, or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois SB0129 Enrolled - 47 - LRB095 02351 RLC 22353 b Controlled Substance Act, or Section 70 of the Methamphetamine Control and Community Protection Act of a defendant, the court shall determine whether the defendant is employed by a facility or center as defined under the Child Care Act of 1969, a public or private elementary or secondary school, or otherwise works with children under 18 years of age on a daily basis.
If a defendant fails to complete the SB0129 Engrossed - 48 - LRB095 02351 RLC 22353 b educational training required by his or her sentence during the term of incarceration, the Prisoner Review Board shall, as a condition of mandatory supervised release, require the defendant, at his or her own expense, to pursue a course of study toward a high school diploma or passage of the GED test.
If a defendant fails to complete the SB0129 Enrolled - 48 - LRB095 02351 RLC 22353 b educational training required by his or her sentence during the term of incarceration, the Prisoner Review Board shall, as a condition of mandatory supervised release, require the defendant, at his or her own expense, to pursue a course of study toward a high school diploma or passage of the GED test.
(l) (A) Except as provided in paragraph (C) of subsection (l), whenever a defendant, who is an alien as defined by SB0129 Engrossed - 49 - LRB095 02351 RLC 22353 b the Immigration and Nationality Act, is convicted of any felony or misdemeanor offense, the court after sentencing the defendant may, upon motion of the State’s Attorney, hold sentence in abeyance and remand the defendant to the custody of the Attorney General of the United States or his or her designated agent to be deported when:
(l) (A) Except as provided in paragraph (C) of subsection (l), whenever a defendant, who is an alien as defined by SB0129 Enrolled - 49 - LRB095 02351 RLC 22353 b the Immigration and Nationality Act, is convicted of any felony or misdemeanor offense, the court after sentencing the defendant may, upon motion of the State’s Attorney, hold sentence in abeyance and remand the defendant to the custody of the Attorney General of the United States or his or her designated agent to be deported when:
(1) a final order of deportation has been issued against the defendant pursuant to proceedings under the Immigration and Nationality Act, and SB0129 Engrossed - 50 - LRB095 02351 RLC 22353 b (2) the deportation of the defendant would not deprecate the seriousness of the defendant’s conduct and would not be inconsistent with the ends of justice.
(1) a final order of deportation has been issued against the defendant pursuant to proceedings under the Immigration and Nationality Act, and SB0129 Enrolled - 50 - LRB095 02351 RLC 22353 b (2) the deportation of the defendant would not deprecate the seriousness of the defendant’s conduct and would not be inconsistent with the ends of justice.
(n) The court may sentence a person convicted of a violation of Section 12-19, 12-21, or 16-1.3 of the Criminal Code of 1961 (i) to an impact incarceration program if the person is otherwise eligible for that program under Section SB0129 Engrossed - 51 - LRB095 02351 RLC 22353 b 5-8-1.1, (ii) to community service, or (iii) if the person is an addict or alcoholic, as defined in the Alcoholism and Other Drug Abuse and Dependency Act, to a substance or alcohol abuse program licensed under that Act.
(n) The court may sentence a person convicted of a violation of Section 12-19, 12-21, or 16-1.3 of the Criminal Code of 1961 (i) to an impact incarceration program if the person is otherwise eligible for that program under Section SB0129 Enrolled - 51 - LRB095 02351 RLC 22353 b 5-8-1.1, (ii) to community service, or (iii) if the person is an addict or alcoholic, as defined in the Alcoholism and Other Drug Abuse and Dependency Act, to a substance or alcohol abuse program licensed under that Act.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 95-0259

  2. Effective Date August 17, 2007

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 115-000-000

  7. Added Alternate Co-Sponsor Rep. Donald L. Moffitt

  8. Added Alternate Co-Sponsor Rep. Patricia R. Bellock

  9. Added Alternate Co-Sponsor Rep. Franco Coladipietro

  10. Added Alternate Co-Sponsor Rep. Dennis M. Reboletti

  11. Added Alternate Co-Sponsor Rep. Mark H. Beaubien, Jr.

  12. Added Alternate Chief Co-Sponsor Rep. Ed Sullivan, Jr.

  13. Added Alternate Chief Co-Sponsor Rep. William Davis

  14. Added Alternate Chief Co-Sponsor Rep. Deborah L. Graham

  15. Added Alternate Co-Sponsor Rep. Cynthia Soto

  16. Added Alternate Co-Sponsor Rep. Maria Antonia Berrios

  17. Added Alternate Co-Sponsor Rep. Susana A Mendoza

  18. Added Alternate Co-Sponsor Rep. Elizabeth Hernandez

  19. Placed on Calendar Order of 3rd Reading - Short Debate

  20. Second Reading - Short Debate

  21. Placed on Calendar 2nd Reading - Short Debate

  22. Do Pass / Short Debate Judiciary II - Criminal Law Committee; 012-001-000

  23. Added Alternate Chief Co-Sponsor Rep. Careen M Gordon

  24. Assigned to Judiciary II - Criminal Law Committee

  25. Referred to Rules Committee

  26. First Reading

  27. Chief House Sponsor Rep. Edward J. Acevedo

  28. Placed on Calendar Order of First Reading

  29. Arrived in House

  30. Third Reading - Passed; 057-000-000

  31. Added as Chief Co-Sponsor Sen. Mattie Hunter

  32. Placed on Calendar Order of 3rd Reading March 6, 2007

  33. Second Reading

  34. Placed on Calendar Order of 2nd Reading March 2, 2007

  35. Do Pass Judiciary Criminal Law; 008-000-000

  36. Added as Co-Sponsor Sen. Martin A. Sandoval

  37. Added as Chief Co-Sponsor Sen. James A. DeLeo

  38. Assigned to Judiciary Criminal Law

  39. Referred to Rules

  40. First Reading

  41. Filed with Secretary by Sen. Kwame Raoul

Sponsors

  • Lisa Hernandez · Cosponsor
  • Kwame Raoul · Cosponsor
  • Susana A Mendoza · Cosponsor
  • Maria Antonia Berrios · Cosponsor
  • Cynthia Soto · Cosponsor
  • Jr. Mark H. Beaubien · Cosponsor
  • Dennis M. Reboletti · Cosponsor
  • Franco Coladipietro · Cosponsor
  • Patricia R. Bellock · Cosponsor
  • Donald L. Moffitt · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 10 co-sponsors · 173 not signed on

Sponsors (0)

None.

Co-sponsors (10)

  • Hernandez, Lisa
  • Kwame Raoul
  • Susana A Mendoza
  • Maria Antonia Berrios
  • Cynthia Soto
  • Mark H. Beaubien, Jr.
  • Dennis M. Reboletti
  • Franco Coladipietro
  • Patricia R. Bellock
  • Donald L. Moffitt

Not signed on (173)

173 members have not signed on to this bill.

Show all 173 →

"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

Votes

Third Reading

Passed 115 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 102003
Republican 4000
Democrat 9000
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Munson — Yea
Hassert — Yea
Jakobsson — Yea
Jefferies — Not Voting
Jefferson — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
McAuliffe — Yea
McCarthy — Yea
Reitz — Yea
Mendoza — Yea
Meyer — Yea
Lyons — Yea
Molaro — Yea
Mulligan — Yea
Schock — Yea
Scully — Yea
Tryon — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Burke — Yea
Sullivan — Yea
Hannig — Yea
Coladipietro — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Hamos — Yea
Harris — Yea
Hernandez — Yea
Madigan — Yea
May — Not Voting
Watson — Yea
Howard — Yea
Myers — Yea
Nekritz — Yea
Osterman — Yea
Davis, Monique — Yea
Patterson — Not Voting
Pihos — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Cole — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Holbrook — Yea
Kosel — Yea
Osmond — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Soto — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Mathias — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Moffitt — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 47002
Democrat 9000
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Haine — Yea
Halvorson — Yea
Luechtefeld — Yea
Maloney — Yea
Meeks — Yea
Millner — Yea
Schoenberg — Yea
Brady — Yea
Sullivan — Yea
Munoz — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Hendon — Yea
Kotowski — Yea
Lauzen — Yea
Cullerton — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Noland — Yea
Radogno — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Not Voting
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Hultgren — Yea
Pankau — Not Voting
Peterson — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Sieben — Yea
Silverstein — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

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 SB 129 do?
Amends the Illinois Controlled Substances Act. Establishes penalties for the knowing manufacture or delivery of, or possession with intent to manufacture or deliver, fentanyl. Provides that 3 years shall be added to the term of imprisonment and the maximum sentence shall be increased by 3 years if the substance containing a controlled substance contains any amount of fentanyl (except for violations in which the controlled substance is fentanyl). Amends the Unified Code of Corrections. Provides that probation, periodic imprisonment, or conditional discharge may not be imposed for the knowing manufacture or delivery of, or possession with intent to manufacture or deliver, more than 5 grams of a substance containing fentanyl. Effective immediately.
Who sponsors SB 129?
SB 129 is sponsored by Hernandez, Lisa, Kwame Raoul, Susana A Mendoza, Maria Antonia Berrios, Cynthia Soto, Mark H. Beaubien, Jr., Dennis M. Reboletti, Franco Coladipietro, Patricia R. Bellock, and Donald L. Moffitt.
What is the current status of SB 129?
This bill has been enacted into law. Introduced January 31, 2007. Enacted.
Where can I track SB 129?
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