720 ILCS 570/407 – Unlawful Delivery of Controlled Substances on School Property or Related Location

720 ILCS 570/407 – Unlawful Delivery of Controlled Substances on School Property or Related Location

This law increases punishment for selling or giving illegal drugs near schools, parks, churches, rest areas, or other protected places.

This Illinois law makes it a serious crime to sell, give, or plan to sell drugs near schools, parks, churches, senior citizen centers, or truck stops. People found guilty in these protected areas face harsher prison sentences and bigger fines.

(a) This section sets rules for drug offenses related to minors and at truck stops or rest areas.

1. Sentence:
   1. Anyone 18 or older who delivers or gives away drugs, fake drugs, or look-alike drugs to someone under 18 can get up to twice the usual prison sentence and fine allowed for that crime.
   2. (Blank)
2. Sentence: Anyone who sells or plans to sell drugs, fake drugs, or look-alike drugs in or within 500 feet of a truck stop or rest area can face these penalties:
   1. Class 1 felony, up to $250,000 fine, for violating subsection (c) of Section 401
   2. Class 2 felony, up to $200,000 fine, for violating subsection (d) Section 401
   3. Class 3 felony, up to $150,000 fine, for violating subsection (e) Section 401
   4. Class 3 felony, up to $125,000 fine, for violating subsection (f) Section 401
   5. Class 3 felony, up to $100,000 fine, for violating subsection (g) Section 401
   6. Class 3 felony, up to $75,000 fine, for violating subsection (h) Section 401
3. Anyone caught again breaking part (a)(2) after already being convicted before can face up to twice the normal prison time and fine.
4. Definitions:
   1. “Safety rest area” means a roadside place where drivers can park, rest, and use facilities.
   2. “Truck stop” means a place that provides fuel or service for commercial trucks.

(b) This section covers drug crimes near schools, parks, churches, and places for seniors.

1. (1) Sentence: Violating subsection (c) of Section 401 near a school, park, church, or senior center where children or seniors are present is a Class X felony with a fine up to $500,000.
2. (2) Sentence: Violating subsection (d) Section 401 in these same areas are a Class 1 felony with a fine up to $250,000.
3. (3) Sentence: Violating subsection (e) Section 401 in these same areas are a Class 2 felony with a fine up to $200,000.
4. (4) Sentence: Violating subsection (f) Section 401 in these same areas are a Class 2 felony with a fine up to $150,000.
5. (5) Sentence: Violating subsection (g) Section 401 in these same areas are a Class 2 felony with a fine up to $125,000.
6. (6) Sentence: Violating subsection (h) Section 401 in these same areas are a Class 2 felony with a fine up to $100,000.

(c) When someone commits a drug offense on or near school property, it doesn’t matter what time of day or what time of year it happens–the same penalties apply.

View the full statute here.

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