Illinois Delivery of a Counterfeit, Look-a-Like or Controlled Substance within 1000 Feet of Schools, Public Housing Complexes, Houses of Worship, Public Parks or Senior Citizen Centers

The Law – 720 ILCS 570/407(b)

No person shall deliver, or possess with the intent to deliver, a controlled, counterfeit or look-a-like substance in, on or within 1,000 feet of a school, public housing complex, public park, senior citizen center or house of worship.

Continuing with Illinois lawmakers’ goal of punishing more severely those individuals who deliver illegal substances in places where the substances can do the most harm, Illinois singles out those who deliver such substances in, on grounds associated with or within 1,000 feet of a: school, public housing complex, public park, house of worship or senior citizen center.

It is important to note that the deliverer need not have actual or constructive knowledge that he was within 1,000 feet of any of the specified locations. All that needs to be shown in order to be convicted of this offense is simply that the individual delivered a controlled substance and he or she was within 1,000 feet of any of the above locations. The state can meet this burden by having a police officer, most often the officer who made the arrest, testify that he or she is familiar with the area and that the delivery occurred within 1,000 feet of any of the above locations.

The actual lists of locations are more expansive than listed above. For instance, in regards to "schools", any property owned, leased or contracted by a school would be included in the offense. The law also includes an explicit provision that the time of day and year is irrelevant. In respect to “senior citizen centers,” the locations subject to this law would include nursing homes, assisted living centers, or senior centers oriented toward daytime activities.

The Sentence

Type of Drug

Sentence

Maximum Prison Term

Maximum Fine

More than 10 grams of heroin; more than 1 gram of cocaine; more than 10 grams of morphine, amongst other substances

Class X Felony

6 to 30 years in prison 

Up to $500,000

Other Schedule I or II Substances which is a narcotic or LSD

Class 1 Felony

4 to 15 years in prison

Up to $250,000

Any other Schedule I or II OR Look-A-Like Substances

Class 2 Felony

3 to 7 years in prison

Up to $200,000

Any Schedule III Substance

Class 2 Felony

2 to 5 years in prison

Up to $150,000

Any Schedule IV Substance

Class 2 Felony

2 to 5 years in prison

Up to $125,000

Any Schedule V Substance

Class 2 Felony

2 to 5 years in prison

Up to $100,000

 

Probation Possible? Yes, except on Class X Felony.

Supervision Possible? No.

Time to be served: 75% on Class X Felony.

 

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