HB1038: CONTROL SUB-FENTANYL PENALTIES

Legislative 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.