HB1038
View on ILGACONTROL SUB-FENTANYL PENALTIES
What this bill does
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.
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Pipeline Progress
Current stage: In Committee · Last action 343 days ago · STAGNANT
How does a bill become law in Illinois?
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Introduction of Bill
A member of the Senate or the House introduces a bill, which is assigned a unique identifying number (e.g., "H.B. ___" for House bills and "S.B. ___" for Senate bills). If not enacted, it must be reintroduced in the next General Assembly with a new number.
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Committee Work — Hearings
The bill goes to the appropriate committee, which holds hearings to gather expert opinions and determine the need for the legislation.
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Committee Work — Markup, Amendments, Report
The committee may make amendments to the bill. If approved, a committee report endorsing the bill is issued.
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Floor Debate
The bill is debated and can be further amended. The debate transcripts are accessible online for public viewing.
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Passage and Consideration in Second Chamber
If the bill passes in the first chamber, it moves to the second chamber for a similar review process. If both chambers approve, it goes to the governor.
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Gubernatorial Action
The governor can sign the bill into law, veto it, or take no action (resulting in an automatic law after 60 days). The type of veto can be total or amendatory. Once signed, the bill becomes a Public Act and is assigned a Public Act number.
Sponsor Context
Hearings
This bill has not been scheduled for a committee hearing.
Action History
8 actions recorded. Last action: 2025-05-01 — Added Co-SponsorRep. Christopher "C.D." Davidsmeyer. Each action's meaning and outcome signal are classified automatically.
All actions (table)
| Date | Chamber | Action | Category | Signal |
|---|---|---|---|---|
| 2024-12-17 | House | Prefiled with Clerk byRep. John M. Cabello Senate Rule 5-1(d); House Rule 37(d) | Introduction & Filing | — |
| 2025-01-09 | House | First Reading Senate Rule 5-1(d)/5-2; House Rule 37(d)/38 | Introduction & Filing | — |
| 2025-01-09 | House | Referred toRules Committee Senate Rule 3-8(a); House Rule 18(a) | Committee Assignment | — |
| 2025-01-15 | House | Added Co-SponsorRep. Tony M. McCombie Senate Rule 5-1(a); House Rule 37(a) | Co-Sponsorship | Mild + |
| 2025-05-01 | House | Added Co-SponsorRep. Dennis Tipsword Senate Rule 5-1(a); House Rule 37(a) | Co-Sponsorship | Mild + |
| 2025-05-01 | House | Added Co-SponsorRep. Brad Halbrook Senate Rule 5-1(a); House Rule 37(a) | Co-Sponsorship | Mild + |
| 2025-05-01 | House | Added Co-SponsorRep. Norine K. Hammond Senate Rule 5-1(a); House Rule 37(a) | Co-Sponsorship | Mild + |
| 2025-05-01 | House | Added Co-SponsorRep. Christopher "C.D." Davidsmeyer Senate Rule 5-1(a); House Rule 37(a) | Co-Sponsorship | Mild + |