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CRIME720 ILCS 570/415
(720ILCS570/) Illinois Controlled Substances Act.
(720 ILCS 570/415)
use, possession or consumption of a controlled substance in connection with sexual assault; Limited impunity.
(a) In this section:
"Forensic medical services" has the meaning defined in Section 1a of the Survivor Emergency Treatment Act.
"Sexual Assault" means an act of sexual conduct or sexual penetration as defined in Section 11-0.1 of the Criminal Code 2012, including but not limited to acts prohibited under Sections 11-1.20 to 11-1.60 of the Criminal Code 2012 .
(b) A person who is the victim of sexual assault shall not be charged or prosecuted for a Class 4 felony involving possession of a controlled, counterfeit or similar substance or controlled substance analogue:
(1) if there is evidence of possession of a Class 4 felony
The charge was made because the individual reported the sexual assault to the police or sought or used emergency medical assistance or forensic medical assistance; And
(2) if the amount of substance is recovered
within the amount specified in subsection (d) of this section.
(c) A person who, in good faith, reports a sexual assault against another person to law enforcement, or seeks or receives emergency medical assistance or forensic medical care for a victim of a sexual assault, shall not be charged with possession of a Class 4 offense or criminally charged prosecuting a counterfeit or similar controlled substance or analogue of a controlled substance:
(1) if there is evidence of possession of a Class 4 felony
The charge was brought because the person sought or used emergency medical assistance or coroners; And
(2) if the amount of substance is recovered
within the amount specified in subsection (d) of this section.
(d) For the purposes of subsections (b) and (c) of this section, the limited immunity applies only to a person who possesses the following amount:
(1) Contain less than 3 grams of any substance
(2) contain less than 3 grams of any substance
(3) contain less than 3 grams of any substance
(4) contain less than 40 grams of any substance
(5) less than 40 grams of any substance which: a
barbituric acid derivative or one of the salts of a barbituric acid derivative;
(6) Contain less than 40 grams of any substance
amphetamine or any salt of an optical isomer of amphetamine;
(7) Contain less than 3 grams of any substance
Lysergic acid diethylamide (LSD) or one of its analogues;
(8) Contain less than 6 grams of any substance
pentazocine or one of the salts, isomers and salts of isomers of pentazocine or an analogue thereof;
(9) Less than 6 grams of any substance that contains
methaqualone or any of the salts, isomers and salts of isomers of methaqualone;
(10) Less than 6 grams of any substance that contains
phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP);
(11) Less than 6 grams of any substance that contains
ketamine or any of the salts, isomers and salts of isomers of ketamine; either
(12) Less than 40 grams of any substance which: a
a substance classified as a narcotic in Schedule I or II, or an analogue thereof, not otherwise included in this subsection (d).
(e) The limited immunities described in subsections (b) and (c) of this section shall not extend if the police have reasonable suspicion or probable cause to stop, arrest or arrest the person described in subsection (b) or (c). to browse. . ) of this section for criminal activity and reasonable suspicion or probable cause is based on information obtained before or independently of the person described in subsection (b) or (c) of this section taking steps to report a sexual assault to law enforcement authorities to report or seek or obtain emergency medical assistance or medical investigation services and are not obtained as a direct result of seeking or obtaining emergency medical assistance or medical investigation services. Nothing in this section is intended to interfere with or prevent the investigation, arrest, or prosecution of any person for the supply or distribution of cannabis, methamphetamine or other controlled substances, drug-related homicide, or any other criminal offense.
(Those: PA 100-1087, ef. 1-1-19
720 ILCS 570/Art. v
(720 ILCS 570/Art. V Title)
720 ILCS 570/501
(720 ILCS 570/501)
(from chap. 56 1/2, para. 1501)
(a) It is hereby established the duty of the Department of Financial and Professional Regulation and the Illinois State Police and their agents, officers and investigators to enforce all provisions of this Act except as expressly delegated and to cooperate with all law enforcement agencies of the United States or any other State related to controlled substances. Only an agent, officer, or investigator appointed by the Secretary of the Department of Financial and Professional Regulation or the Director of the Illinois State Police may: or other documents required to be maintained or prepared under this Act and otherwise pertinent to the performance of the Department's duties of Financial and Professional Regulation or the Illinois State Police shall be authorized under this section to enter controlled premises and carry out governmental inspections thereof and the things specified; or (2) execute and serve, under the authority of that state, administrative inspection orders, court orders, subpoenas and subpoenas. Any inspection or administrative entry by persons licensed by the Department must be conducted in accordance with subsection (bb) of Section 30-5 of the Drug Use Disorders Act and the rules and regulations promulgated thereunder.
(b) The administrative entries and inspections referred to in paragraph (1) of subsection (a) shall be conducted by agents, officers, investigators and law enforcement officials (hereinafter referred to as “Inspectors”) appointed by the Secretary of the Department of Finance and professional matters. Regulation. Any inspector who states their purpose and provides the facility owner, operator, or responsible agent with (1) proper identification and (2) written notice from their inspecting authority (such notice, in the case of an inspection, required or actually required by an official inspection order based consists of this order) shall have the right to enter the premises and conduct the inspection at reasonable times.
Inspectors appointed by the Secretary of State for Treasury and Professional Order pursuant to this Section 501 prior to the Effective Date of this 97th Amendment to the General Assembly Act shall be Peacekeepers and as such shall have all the powers enjoyed by Municipal Police Officers and Bailiffs except that they may exercise these powers in any part of the state.
An investigator in the Occupational Regulation Division of the Department of Financial and Occupational Regulation, appointed by the Secretary for Financial and Occupational Regulation as of the Effective Date of this 97th Amendment Act of the General Assembly, is a Peacekeeper and as such has all the powers accorded to city police officers and Bailiffs possess, except that they can exercise these powers anywhere in the state. Any other employee of the Department of Professional and Financial Regulation designated by the Secretary of Professional and Financial Regulation or by the Director of Professional Regulation on or after the effective date of this 97th Amendment Act of the General Assembly pursuant to this Section 501 is not a Peacekeeper.
(c) Except as otherwise provided in an applicable inspection order, the inspector shall have the right:
(1) View and copy records, reports and others
documents to be kept or prepared under this Act;
(2) within reasonable limits and in a
reasonably controlled premises and all relevant equipment, finished and unfinished medication and other substances or materials, containers and labels therein and all other things (including records, files, papers, processes, controls and facilities) necessary for the verification of the records, Reports and documents referred to in paragraph 1 or otherwise relating to the provisions of this Act; And
(3) inventory all inventory of any control
(d) Unless the owner, operator or officer in charge of the inspected facilities agrees in writing, no inspection authorized by this Section shall cover:
(1) financial data;
(2) sales dates other than shipping dates; either
(3) Pricing Data.
Any inspection or administrative entry of persons licensed by the Department must be in accordance with subsection (bb) of Section 30-5 of the Drug Use Disorders Act and the rules and regulations promulgated thereunder.
(e) Any agent, officer, investigator or law enforcement officer designated by the Secretary of the Department of Financial and Professional Regulation may (1) seize property in accordance with the provisions of this Act; and (2) perform other law enforcement duties as the Secretary may appoint. The duty of all prosecutors to pursue violations of this Act and to take such legal action as permitted under this Act is hereby established.
(Quelle: P.A. 100-759, ef. 1-1-19
720 ILCS 570/501.1
(720 ILCS 570/501.1)
(from chap. 56 1/2, para. 1501.1)
administrative procedural law.
The Illinois Administrative Procedures Act is expressly adopted and incorporated herein, but applies only to the Department of Financial and Professional Regulation as if all provisions of that Act had been incorporated into this Act, except for the provision of subsection (d) of Section 10 - 65 of the Administrative Procedures Act of Illinois, which provides that licensee has the right at hearings to demonstrate compliance with any legal requirement for maintaining, continuing or renewing the license, is expressly excluded. For purposes of this Act, notice required by Section 10-25 of the Administrative Procedures Act of Illinois shall be deemed sufficient if sent to a party's last known address.
(Those: PA 97-334, eff. 1-1-12.)
720 ILCS 570/502
(720 ILCS 570/502)
(from chap. 56 1/2, para. 1502)
(a) Official inspection orders are issued and executed as follows:
(1) A judge of the district court may, on oath or assurance proving a probable cause, issue orders for the purpose of conducting official searches permitted under this Act or the regulations below and seizing property suitable for the searches. Court Order, there is a probable cause by demonstrating a legitimate public interest in the effective application of this Act or the Rules below sufficient to justify the regulatory inspection of the controlled premises, as defined in subsection (b), in the request for the Court Order .
(2) A search warrant shall be issued only by an affidavit from a person having knowledge of the alleged facts, having been sworn in before the District Judge and stating the reasons for issuing the search warrant. If the district judge is satisfied that there is probable reason to believe that there are grounds for issuing an inspection order, he or she will issue an inspection order specifying the controlled facilities to be inspected, the purpose of the inspection and, if applicable, the Art the inspection of the object to be inspected. or confiscated, if any. The test order must:
(i) indicate the reason for issuance and the name of each person whose affidavit of support has been provided;
(ii) addressed to a person authorized to perform under Section 501;
(iii) direct the designated person to inspect the controlled premises identified for the stated purpose and, if necessary, order the seizure of the stated assets;
(iv) if applicable, identify the item or type of property to be seized;
(v) arrange for the notice to be served at any time of the day or night and designate the judge of the district court to which it will be returned.
(3) A search warrant issued under this Section shall be executed and returned within 10 days of its date of issue, unless otherwise ordered by the court that issued the search warrant, having demonstrated the need for an additional period. When property is seized pursuant to a search warrant, a copy of the inventory of such property seized shall be served on the person from or whose controlled premises the property was removed. If no one is present, the inspection order and a copy of the inventory are deposited in the confiscated facility. The inventory is taken under oath by the client.
(4) A search warrant shall be returned to the judge of the county court who issued the search warrant, or to a judge designated in the search warrant, or to the county court. The judge before the return will attach a copy of the return and all related returnable documents to the search warrant and file them with the clerk of the district court where the search warrant was executed.
(5) Due to technical irregularities that do not affect the essential rights of the person responsible for the controlled premises, no orders will be canceled or evidence refused.
(b) The Director may conduct inspections of controlled premises in accordance with the following provisions:
(1) For the purposes of this section only, “controlled premises” means:
(i) places where persons registered or exempted from registration under this Act maintain records required under this Act; And
(ii) Places, including but not limited to areas, buildings, premises, factories, warehouses, facilities and means of transport where persons registered under this Act or exempted from the obligation to register may possess, manufacture, distribute and deliver, Administration or other disposal of controlled substances.
(2) When authorized by a search warrant issued under this Act, any agent designated by the director or a law enforcement officer who presents the search warrant to the person designated in the search warrant or to any other person in controlled premises may enter the controlled premises for the purpose of conducting the inspection .
(3) When authorized by a search warrant, any officer appointed by the Director may execute the search warrant on his terms.
(4) This section does not preclude unreasonable inspection of books and records pursuant to a governmental subpoena under the Illinois Civil Administrative Code, nor does it preclude governmental searches and searches, including seizures of property, without a court order:
(i) if the person responsible for the audited area agrees; either
(ii) in situations posing an imminent threat to health or safety; either
(iii) in situations involving the inspection of conveyances where there are reasonable grounds to believe that the mobility of the conveyance makes it impracticable to obtain a court order; either
(iv) in other exceptional or emergency circumstances where there is a lack of time or opportunity to seek a court order.
(5) An inspection order authorized by this Section shall not extend to financial data, sales data other than shipping data, or price data unless the responsible person of the inspected facility agrees in writing, provided, however, that the necessary records are required to be kept under this Act Disclosures are not included in such financial data, sales data or quote data.
(Quelle: PA 79-1362.)
720 ILCS 570/503
(720 ILCS 570/503)
(from chap. 56 1/2, para. 1503)
In addition to any other remedy, the director or secretary of the Department of Financial and Professional Regulation shall have authority to lodge a complaint and petition in any district court and such district court may, after hearing and on established grounds, issue an order of temporary restraint or injunction . or permanent court order without bail preventing a person from violating this statute, whether other remedies exist or not.
(Those: PA 97-334, eff. 1-1-12.)
720 ILCS 570/504
(720 ILCS 570/504)
(from chap. 56 1/2, para. 1504)
(a) The director and secretary of the Department of Financial and Occupational Regulation shall each cooperate with federal and other government agencies in the performance of their responsibilities relating to controlled substance trafficking and the suppression of drug abuse and abuse. To this end, he or she may:
(1) organize the exchange of information between
government officials on the use, abuse and abuse of controlled substances;
(2) Coordination and collaboration on training programs
for state and local law enforcement of controlled substances;
(3) Cooperation with the Federal Drug Administration
administration or its successor authority; And
(4) implement targeted eradication programs
destroy the illegal proliferation of plant species from which controlled substances can be extracted.
(b) The Director and Secretary of the Department of Financial and Professional Regulation may rely on the findings, information and evidence obtained from the Drug Enforcement Administration in connection with the regulatory functions of this Act, including the findings of inspections which have been carried out by it and act accordingly. its regulatory functions under this Act.
(Those: PA 97-334, eff. 1-1-12.)
720 ILCS 570/505
(720 ILCS 570/505)
(from chap. 56 1/2, para. 1505)
(a) The following are subject to forfeiture:
(2) all raw materials, products and equipment of all kinds
of a kind used or intended to be used in the manufacture, distribution, dispensing, administration or possession of any substance in violation of this Act;
(3) any means of transportation, including airplanes, vehicles or
Vessels used or intended to be used for the transport, sale, receipt, possession or concealment of any substance manufactured, distributed, dispensed or possessed in violation of this Act, or any property described, or in facilitated in any way in paragraph (2) of this subsection (a), but:
(i) any means of transport used by a person as a usual means of transport
the carrier in commercial business as an ordinary carrier is subject to forfeiture under this section unless the owner or other person responsible for the carriage appears to be a party who consents to or is aware of a violation of this Act;
(ii) no means of transport is subject to forfeiture
this Section as a result of any act or omission which the Owner demonstrably committed or failed to perform without his knowledge or consent;
(iii) the confiscation of an encumbered means of transport
a bona fide security interest is in the interests of the secured party if he or she did not know or consented to the act or omission;
(4) all money, valuables, books, records and
Research products and materials, including formulas, microfilm, tapes and data, used or intended to be used in violation of this Act;
(5) anything of value provided or for which it is intended
provided, in exchange for any substance in violation of this Act, all proceeds attributable to such exchange and all funds, negotiable securities and securities used or intended to be used to commit a violation of this Act or in any way to facilitate;
(6) all property, including all right, title,
and interest (including but not limited to any rent or right of use in any land trust) in the aggregate of any land or property and any appurtenance or improvement used or intended to be used in any way or in any breach or act which constitutes a violation of Section 401 or 405 of this Act, or is the result of a violation or any act that constitutes a violation of Section 401 or 405 of this Act, to commit or in any way facilitate the commission of this act.
(b) Property forfeited under this Act may be confiscated under the Drug Forfeiture Procedure Act. In the event of confiscation, the confiscation procedure is initiated in accordance with the Narcotics Utilization Procedure Act.
(c) Forfeiture under this Act is subject to a disproportionate criminal analysis of the 8th Amendment to the United States Constitution as provided in Section 9.5 of the Drug Asset Forfeiture Procedure Act.
(d) With respect to offenses of possession of controlled substances only, any amount of cash valued less than $500 will not be subject to forfeiture under this Act. For all other offenses under this Act a Any sum of money a Value less than $100 is not subject to forfeiture under this Act. In the case of expiry of currencies in excess of these amounts, this section does not create an exemption for such amounts.
(d-5) In the case of crimes involving possession of controlled substances only, no property is subject to forfeiture under this Act for possession of less than 2 unit doses of a controlled substance. This exemption does not apply where the owner, or someone else at the direction of the owner, is involved in the destruction of any quantity of a controlled substance. The amount of a single dose corresponds to the state responsible for providing evidence in its main case.
(e) If the Department of Financial and Professional Regulation suspends or revokes a registration, the Director may seal any controlled substances that the registrant held or possessed at the time of the suspension or on the effective date of the revocation order. Sealed material shall not be disposed of until the appeal period has expired or until all appeals have been completed, unless a court orders perishable material to be sold and the proceeds of sale deposited with the court upon application. As soon as a suspension or revocation order becomes final, all substances are subject to confiscation and forfeiture under the Drug Assets Decline Act.
(i) Contraband goods, including controlled substances, held without authorization under state or federal law are not subject to expiration. There is no property right in contraband. Contraband is subject to confiscation and disposal in accordance with state laws.
(j) The changes made to this section by Public Law 100-512 and Public Law 100-699 apply only to property seized on or after July 1, 2018.
(k) Changes to this section by Public Law 100-699 are governed by Section 4 of the Bylaws.
(Fuente: P.A. 99-686, ef. 7-29-16; 100-512, ef. 7-1-18; 100-699, ef. 8-3-18; 100-1163, ef. 12-20- 18.)
720 ILCS 570/506
(720 ILCS 570/506)
(from chap. 56 1/2, para. 1506)
The State shall have no obligation to deny any waiver or exception to this Act in any complaint, notice, indictment or other allegation, or in any judicial proceeding, hearing or other proceeding under this Act. The burden of proof of a waiver or exception rests with the state, the person claiming it.
(What: PA 77-757
720 ILCS 570/507
(720 ILCS 570/507)
(from chap. 56 1/2, para. 1507)
All decisions, final determinations, determinations and conclusions made by the Illinois State Police, the Department of Financial and Professional Regulation and the Department of Human Services under this Act are final and final decisions on the matters concerned. Any person harmed by the decision may have the decision reviewed in accordance with the provisions of the Administrative Review Act, as amended, and the regulations issued pursuant thereto. Pending the final determination of such review, the statutes, orders and decisions of the Department shall remain in full force and effect unless amended or suspended by court order pending a final judicial determination. Pending the final determination of such review, statutes, orders, sanctions and orders of the Department of Treasury and Professional Regulation relating to a registration will remain in full force and effect unless suspended by court order. However, an official decision may only be suspended if the party injured by the decision can prove with overwhelming evidence that there is an important reason for this. In finding good cause, the court finds that the injured party has established a reasonable likelihood of being able to prevail and that the granting of the stay will not have an adverse effect on the community. Good cause is not established solely on the basis of hardship resulting from the inability to carry out the declared activity pending the final judicial decision.
(Those: PA 97-334, eff. 1-1-12.)
720 ILCS 570/507.1
(720 ILCS 570/507.1)
(from chap. 56 1/2, para. 1507.1)
The Department is under no obligation to certify records to the Court or to file a response to the Court or to appear in any judicial proceeding under the Administrative Review Act unless a receipt from the Department certifying the complaint is submitted with the complaint to the Court submitted. payment of utility costs. and notarize the record. Exhibits will be authenticated free of charge. The actor's failure to produce such a receipt in court is a reason for the dismissal of the lawsuit.
(Quelle: PA 83-969.)
720 ILCS 570/507.2
(720 ILCS 570/507.2)
The Department of Human Services is given decision-making authority for the implementation, maintenance and enforcement of the prescription monitoring program.
(Those: PA 97-334, eff. 1-1-12.)
720 ILCS 570/508
(720 ILCS 570/508)
(from chap. 56 1/2, para. 1508)
(a) The Department sponsors research on controlled substances. In connection with the investigation and in accordance with the purposes of this Act, the Department may:
(1) Establish procedures for the precise assessment of impact
controlled substances and identification and characterization of substances with abuse potential;
(2) Conduct studies and conduct research programs
(i) development of new or improved approaches,
Techniques, systems, equipment and devices to strengthen the application of this law;
(ii) determine patterns of use, misuse and abuse
controlled substances and their social impact; And
(iii) improving methods of prevention, prediction,
understanding and managing the use, abuse and abuse of controlled substances; And
(3) conclude contracts with public authorities,
Educational institutions and private organizations or individuals for the purpose of conducting research, demonstrations or special projects related to the use, abuse and abuse of controlled substances.
(b) Persons authorized to participate in investigations may be authorized by the Department to protect the privacy of persons who are the subject of such an investigation by concealing the names and other identifying features of any person not associated with the conduct people related to the investigation. Persons who have been granted this authorization shall not be required in any civil, criminal, administrative, legislative or other proceeding to identify the persons who are the subject of any investigation for which authorization has been granted, except as required is required so that the ministry can determine whether the investigation is being carried out in accordance with the authorization.
(c) The Department may authorize the possession and distribution of controlled substances by research workers under conditions consistent with public health and safety. The Department can also approve research and treatment programs that involve the administration of methadone. The use of methadone or similar controlled substances by individuals is prohibited in this state unless authorized and authorized by the Department under its rules and regulations. Under current authority, individuals in that state are exempt from criminal prosecution for possession, manufacture, or supply of controlled substances.
(d) Professionals registered under federal law to conduct research using Schedule I substances may conduct research using Schedule I substances within that state by demonstrating such federal registration and notifying the Department of the scope and purpose of that research.
(Source: P.A. 96-328, effective 11-8-09.)
720 ILCS 570/509
(720 ILCS 570/509)
(from chap. 56 1/2, para. 1509)
Whenever a court in that state awards probation to a person who the court has reason to believe is or has been addicted to controlled substances or is in unlawful possession of controlled substances, the court must, as a condition of probation require that the person on parole submit to a periodic examination by the Department of Corrections. to determine whether the probation officer is using controlled substances through appropriate chemical screening tests. The court may require, as a condition of parole, that the subject be enrolled in an approved treatment program if it determines that the subject is addicted to a controlled substance. Whenever the Prisoner Review Board grants parole, or the Department of Juvenile Justice grants parole to a person believed to have been in illegal possession of or dependent on a controlled substance, or the Department of Juvenile Justice grants subsequent parole , the Board or Department must require as a condition of parole or parole an individual who has been paroled or released after appropriate periodic chemical testing conducted by the Department of Corrections or the Department of Juvenile Justice to determine whether the individual is on Used probation or probation controlled substances.
(Fuente: P.A. 98-558, ef. 1-1-14; 99-628, ef. 1-1-17
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