Illinois 95th Regular Session Status: Enacted

SB 705 — CRIM CD-PRESCRIPTION THEFT

Last action — Public Act . . . . . . . . . 95-0487

  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 February 08, 2007. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 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 Criminal Code of 1961. Creates the offense of prescription theft. Provides that a person commits the offense when he or she knowingly: (1) alters a properly issued prescription; (2) possesses a blank prescription or prescriptions without the written permission of a licensed prescriber; or (3) possesses or attempts to fill a prescription not issued by a licensed prescriber. Provides that a violation is a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense.

Bill Text

What changed in the latest version

174 added · 27 removed

Plain-language change summary

The latest version of Bill SB 705 has made significant changes to how it addresses controlled substances in Illinois. Notably, the bill adds a new section specifically detailing offenses related to the theft of prescriptions, including actions like altering prescriptions or possessing blank prescriptions without permission. This change is important because it strengthens the legal framework to deter and penalize prescription fraud, which can help ensure that medications are used safely and responsibly. By clarifying these offenses and their penalties, the bill aims to protect public health and prevent misuse of prescription drugs.

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SB0705 Engrossed LRB095 04846 RLC 24908 b AN ACT concerning criminal law.
SB0705 Enrolled LRB095 04846 RLC 24908 b AN ACT concerning criminal law.
The Criminal Code of 1961 is amended by adding Section 16G-15.5 as follows:
The Illinois Controlled Substances Act is amended by changing Sections 406 and 410 and by adding Section 406.2 as follows:
(720 ILCS 5/16G-15.5 new) Sec.
(720 ILCS 570/406) (from Ch.
16G-15.5.
56 1/2, par.
Prescription theft.
1406) Sec.
(a) A person commits the offense of prescription theft when he or she knowingly:
406.
(1) alters a properly issued prescription;
(a) It is unlawful for any person:
(2) possesses a blank prescription or prescriptions without the written permission of a licensed prescriber;
(1) who is subject to Article III knowingly to distribute or dispense a controlled substance in violation of Sections 308 through 314 of this Act;
or (3) possesses or attempts to fill a prescription not issued by a licensed prescriber.
or (2) who is a registrant, to manufacture a controlled substance not authorized by his registration, or to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person;
(b) Knowledge shall be determined by an evaluation of all circumstances surrounding possession of a blank prescription or possession of or attempted use of a prescription altered or not issued by a licensed prescriber.
or (3) to refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this Act;
or (4) to refuse an entry into any premises for any inspection authorized by this Act;
or (5) knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or SB0705 Enrolled - 2 - LRB095 04846 RLC 24908 b other structure or place, which is resorted to by a person unlawfully possessing controlled substances, or which is used for possessing, manufacturing, dispensing or distributing controlled substances in violation of this Act.
Any person who violates this subsection (a) is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for each subsequent offense.
The fine for each subsequent offense shall not be more than $100,000.
In addition, any practitioner who is found guilty of violating this subsection (a) is subject to suspension and revocation of his professional license, in accordance with such procedures as are provided by law for the taking of disciplinary action with regard to the license of said practitioner’s profession.
(b) It is unlawful for any person knowingly:
(1) to distribute, as a registrant, a controlled substance classified in Schedule I or II, except pursuant to an order form as required by Section 307 of this Act;
or (2) to use, in the course of the manufacture or distribution of a controlled substance, a registration number which is fictitious, revoked, suspended, or issued to another person;
or (3) to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge;
or (4) to furnish false or fraudulent material SB0705 Enrolled - 3 - LRB095 04846 RLC 24908 b information in, or omit any material information from, any application, report or other document required to be kept or filed under this Act, or any record required to be kept by this Act;
or (5) to make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another, or any likeness of any of the foregoing, upon any controlled substance or container or labeling thereof so as to render the drug a counterfeit substance;
or (6) (blank) to possess without authorization, blank prescription forms or counterfeit prescription forms;
or (7) (Blank).
Any person who violates this subsection (b) is guilty of a Class 4 felony for the first offense and a Class 3 felony for each subsequent offense.
The fine for the first offense shall be not more than $100,000.
The fine for each subsequent offense shall not be more than $200,000.
(c) A person who knowingly or intentionally violates Section 316, 317, 318, or 319 is guilty of a Class A misdemeanor.
(Source:
P.A.
91-576, eff.
4-1-00.) (720 ILCS 570/406.2 new) Sec.
406.2.
Unauthorized possession of prescription form.
SB0705 Enrolled - 4 - LRB095 04846 RLC 24908 b (a) A person commits the offense of unauthorized possession of prescription form when he or she knowingly:
(1) alters a properly issued prescription form;
(2) possesses without authorization a blank prescription form or counterfeit prescription form;
or (3) possesses a prescription form not issued by a licensed prescriber.
(b) Knowledge shall be determined by an evaluation of all circumstances surrounding possession of a blank prescription or possession of a prescription altered or not issued by a licensed prescriber.
A person convicted of prescription theft in violation of subsection (a) shall be sentenced as follows:
Any person who violates subsection (a) is guilty of a Class 4 felony for the first offense and a Class 3 felony for each subsequent offense.
(1) Prescription theft is a Class 4 felony.
The fine for the first offense shall be not more than $100,000.
Show all 76 changed rows (36 more)
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(2) A person who has been previously convicted of prescription theft who is convicted of a second or SB0705 Engrossed - 2 - LRB095 04846 RLC 24908 b subsequent offense is guilty of a Class 3 felony.
The fine for each subsequent offense shall not be more than $200,000.
(d) For the purposes of this Section, "licensed prescriber" means a prescriber as defined in the Illinois Controlled Substances Act or an optometrist licensed under the Illinois Optometric Practice Act of 1987.
(d) For the purposes of this Section, "licensed prescriber" means a prescriber as defined in this Act or an optometrist licensed under the Illinois Optometric Practice Act of 1987.
(720 ILCS 570/410) (from Ch.
56 1/2, par.
1410) Sec.
410.
(a) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for any offense under this Act or any law of the United States or of any State relating to cannabis or controlled substances, pleads guilty to or is found guilty of possession of a SB0705 Enrolled - 5 - LRB095 04846 RLC 24908 b controlled or counterfeit substance under subsection (c) of Section 402 or of unauthorized possession of prescription form under Section 406.2, the court, without entering a judgment and with the consent of such person, may sentence him to probation.
(b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction;
(2) refrain from possessing a firearm or other dangerous weapon;
(3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer;
and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board.
(d) The court may, in addition to other conditions, require that the person:
(1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order of probation;
(2) pay a fine and costs;
SB0705 Enrolled - 6 - LRB095 04846 RLC 24908 b (3) work or pursue a course of study or vocational training;
(4) undergo medical or psychiatric treatment;
or treatment or rehabilitation approved by the Illinois Department of Human Services;
(5) attend or reside in a facility established for the instruction or residence of defendants on probation;
(6) support his dependents;
(6-5) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a foster home.
(e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the SB0705 Enrolled - 7 - LRB095 04846 RLC 24908 b proceedings against him.
(g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
(h) There may be only one discharge and dismissal under this Section, Section 10 of the Cannabis Control Act, or Section 70 of the Methamphetamine Control and Community Protection Act with respect to any person.
(i) If a person is convicted of an offense under this Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.
(Source:
P.A.
94-556, eff.
9-11-05.)
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Action History

  1. Public Act . . . . . . . . . 95-0487

  2. Effective Date January 1, 2008

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 2 Senate Concurs 059-000-000

  7. House Floor Amendment No. 1 Senate Concurs 059-000-000

  8. House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Judiciary Criminal Law; 007-000-000

  9. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary Criminal Law; 007-000-000

  10. House Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary Criminal Law

  11. House Floor Amendment No. 1 Motion to Concur Rules Referred to Judiciary Criminal Law

  12. House Floor Amendment No. 2 Motion to Concur Referred to Rules

  13. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. A. J. Wilhelmi

  14. House Floor Amendment No. 1 Motion to Concur Referred to Rules

  15. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. A. J. Wilhelmi

  16. Placed on Calendar Order of Concurrence House Amendment(s) 01,02

  17. Secretary's Desk - Concurrence House Amendment(s) 01,02

  18. Third Reading - Short Debate - Passed 117-000-000

  19. Added Alternate Chief Co-Sponsor Rep. Brent Hassert

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

  21. House Floor Amendment No. 2 Adopted by Voice Vote

  22. Second Reading - Short Debate

  23. House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000

  24. House Floor Amendment No. 2 Referred to Rules Committee

  25. House Floor Amendment No. 2 Filed with Clerk by Rep. Dennis M. Reboletti

  26. Alternate Chief Sponsor Changed to Rep. Dennis M. Reboletti

  27. Held on Calendar Order of Second Reading - Short Debate

  28. House Floor Amendment No. 1 Adopted by Voice Vote

  29. Second Reading - Short Debate

  30. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000

  31. House Floor Amendment No. 1 Referred to Rules Committee

  32. House Floor Amendment No. 1 Filed with Clerk by Rep. Brent Hassert

  33. Added Alternate Chief Co-Sponsor Rep. Jim Sacia

  34. Placed on Calendar 2nd Reading - Short Debate

  35. Do Pass / Short Debate Judiciary II - Criminal Law Committee; 010-000-000

  36. Assigned to Judiciary II - Criminal Law Committee

  37. Referred to Rules Committee

  38. First Reading

  39. Chief House Sponsor Rep. Brent Hassert

  40. Placed on Calendar Order of First Reading

  41. Arrived in House

  42. Third Reading - Passed; 056-000-000

  43. Added as Chief Co-Sponsor Sen. Matt Murphy

  44. Placed on Calendar Order of 3rd Reading March 27, 2007

  45. Senate Floor Amendment No. 1 Adopted; Wilhelmi

  46. Second Reading

  47. Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary Criminal Law; 008-000-000

  48. Senate Floor Amendment No. 1 Rules Refers to Judiciary Criminal Law

  49. Senate Floor Amendment No. 1 Referred to Rules

  50. Senate Floor Amendment No. 1 Filed with Secretary by Sen. A. J. Wilhelmi

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

  52. Do Pass Judiciary Criminal Law; 009-000-000

  53. Assigned to Judiciary Criminal Law

  54. Referred to Rules

  55. First Reading

  56. Filed with Secretary by Sen. A. J. Wilhelmi

Sponsors

  • A. J. Wilhelmi · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • A. J. Wilhelmi

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"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

Concurrence, Amendment 2

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 49000
Democrat 9000
Republican 1000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Haine — Yea
Link — Yea
Luechtefeld — Yea
Kotowski — Yea
Lauzen — Yea
Martinez — Yea
Sullivan — Yea
Munoz — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Cullerton — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Radogno — Yea
Demuzio — Yea
Schoenberg — Yea
Sieben — Yea
Silverstein — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Halvorson — Yea
Hendon — Yea
Hultgren — Yea
Brady — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Pankau — Yea
Peterson — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Maloney — Yea
Althoff — 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 →

Concurrence, Amendment 1

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 49000
Democrat 9000
Republican 1000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Haine — Yea
Halvorson — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Peterson — Yea
Schoenberg — Yea
Brady — Yea
Sieben — Yea
Trotter — Yea
Sullivan — Yea
Munoz — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Hendon — Yea
Hultgren — Yea
Demuzio — Yea
Kotowski — Yea
Lauzen — Yea
Dillard — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Silverstein — 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 →

Third Reading

Passed 117 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 104001
Democrat 9000
Republican 4000
Total 117001
% of votes cast 99%0%0%1%
How each member voted (118)
Member Party Vote
Hamos — Yea
Myers — Yea
Holbrook — Yea
Jefferies — Yea
Jefferson — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
May — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Reitz — Yea
Meyer — Yea
Lyons — Yea
Schock — Yea
Scully — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Brady — Yea
Mitchell, Bill — Yea
Madigan — Yea
Mitchell, Jerry — Yea
Moffitt — Yea
Mulligan — Yea
Munson — Yea
Burke — Yea
Sullivan — Yea
Nekritz — Yea
Hannig — Yea
Osterman — Yea
Harris — Yea
Phelps — Yea
Pihos — Yea
Hernandez — Yea
Sommer — Yea
Soto — Yea
Tryon — Yea
Turner — Yea
Watson — Yea
Howard — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Davis, Monique — Yea
Yarbrough — Yea
Coladipietro — Yea
Cole — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Golar — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Hassert — Yea
Jakobsson — Yea
Kosel — Yea
Osmond — Yea
Patterson — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Younge — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Mathias — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
Coulson — Yea
Molaro — 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 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 48001
Democrat 7002
Republican 1000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Haine — Yea
Halvorson — Yea
Link — Yea
Luechtefeld — Yea
Forby — Yea
Frerichs — Yea
Lauzen — Yea
Brady — Yea
Meeks — Yea
Millner — Not Voting
Sullivan — Yea
Munoz — Yea
Noland — Yea
Pankau — Yea
Peterson — Yea
Radogno — Yea
Cullerton — Yea
Jacobs — Yea
Schoenberg — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Sieben — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Hendon — Yea
Hultgren — Yea
Kotowski — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Silverstein — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
Eva-Dina Delgado Democrat Not Voting
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

public-safety healthcare
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 705 do?
Amends the Criminal Code of 1961. Creates the offense of prescription theft. Provides that a person commits the offense when he or she knowingly: (1) alters a properly issued prescription; (2) possesses a blank prescription or prescriptions without the written permission of a licensed prescriber; or (3) possesses or attempts to fill a prescription not issued by a licensed prescriber. Provides that a violation is a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense.
Who sponsors SB 705?
SB 705 is sponsored by A. J. Wilhelmi.
What is the current status of SB 705?
This bill has been enacted into law. Introduced February 08, 2007. Enacted.
Where can I track SB 705?
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