summary
Introduced
01/09/2025
01/09/2025
In Committee
01/09/2025
01/09/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill 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.
AI Summary
This bill amends the Illinois Controlled Substances Act to increase penalties specifically related to fentanyl-related drug offenses. The legislation increases the minimum and maximum prison sentences for manufacturing, delivering, or possessing with intent to manufacture or deliver 15 grams or more of a substance containing fentanyl. For example, the minimum sentence for 15 grams or more of a fentanyl-containing substance is raised from 6 to 9 years, and the maximum sentence is increased from 30 to 40 years. Additionally, the bill changes the classification of offenses involving 1 gram or more but less than 15 grams of a fentanyl-containing substance from a Class 1 felony to a Class X felony, which carries more severe penalties. The legislation also mandates that for any drug offense involving any amount of fentanyl, an additional 6 years (increased from 3 years) shall be added to the imposed prison term. Furthermore, for controlled substance trafficking involving fentanyl, the bill requires sentencing to be at least 3 times the minimum term and allows fines to be 3 times the standard amount, based on the quantity of fentanyl involved. These changes are aimed at addressing the severe impact of fentanyl-related drug offenses in Illinois.
Sponsors (6)
John Cabello (R)*,
C.D. Davidsmeyer (R),
Brad Halbrook (R),
Norine Hammond (R),
Tony McCombie (R),
Dennis Tipsword (R),
Last Action
Added Co-Sponsor Rep. Christopher "C.D." Davidsmeyer (on 05/01/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1038&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB1038.htm |
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