SB0705 Engrossed

LRB095 04846 RLC 24908 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Criminal Code of 1961 is amended  by adding 
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Section 16G-15.5 as follows:
 
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    (720 ILCS 5/16G-15.5  new)
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    Sec. 16G-15.5. Prescription theft.
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    (a) A person commits the offense of prescription theft when 
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he or she knowingly:

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        (1) alters a properly issued prescription;
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        (2)  possesses a blank prescription or prescriptions 
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    without the written permission of a licensed prescriber; or
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        (3) possesses or attempts to fill a prescription not 
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    issued by a licensed prescriber.
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    (b)  Knowledge shall be determined by an evaluation of all 
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circumstances surrounding possession of a blank prescription 
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or possession of or attempted use of a prescription altered or 
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not issued by a licensed prescriber.
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    (c) Sentence.  A person convicted of prescription theft in 
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violation of subsection (a) shall be sentenced as follows:
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        (1) Prescription theft is a Class 4 felony.
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        (2)  A person who has been previously convicted of 
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    prescription theft who is convicted of a second or 
 


 






SB0705 Engrossed
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LRB095 04846 RLC 24908 b




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    subsequent offense is guilty of a Class 3 felony.
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    (d)  For the purposes of this Section, "licensed prescriber" 
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means a prescriber as defined in the Illinois Controlled 
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Substances Act or an optometrist licensed under the Illinois 
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Optometric Practice Act of 1987.