There Is a Newer Version of the Illinois Compiled Statutes

2005 Illinois Code - Chapter 740 Civil Liabilities 740 ILCS 20/ Cannabis and Controlled Substances Tort Claims Act.

(740 ILCS 20/1) (from Ch. 70, par. 901)

Sec. 1.

Short title.

This Act may be cited as the

Cannabis and Controlled Substances Tort Claims Act.

(Source: P.A. 87‑544.)

(740 ILCS 20/2)(from Ch. 70, par. 902)

Sec. 2. Findings and intent.

(a) The General Assembly finds
that the abuse of cannabis and controlled substances:

(1) greatly increases incidents involving crimes of

violence and threats of crimes of violence;

(2) causes death or severe and often irreversible

injuries to newborn children;

(3) accounts for the commission of the majority of

property crimes committed within this State;

(4) causes motor vehicle, job related, and numerous

other types of accidents that frequently result in death or permanent injuries;

(5) contributes to the disintegration of the family;

(6) interferes with the duty of parents and legal

guardians to provide for the physical, mental, and emotional well‑being of their unemancipated children and with the rights of parents and legal guardians to raise the children free from the physical, mental, and emotional trauma that is caused by the abuse of cannabis and controlled substances;

(7) encourages and fosters the growth of urban gangs

engaged in violent and nonviolent crime;

(8) furthers the interests of elements of organized

criminals;

(9) increases the dropout, truancy, and failure

rates of children attending schools within this State;

(10) stifles educational opportunities for both drug

users and nonusers;

(11) contributes to the unemployment rate within

this State;

(12) reduces the productivity of employees, retards

competitiveness within the established business community, and hinders the formation and growth of new businesses;

(13) reduces the value of real property;

(14) costs the citizens of this State billions of

dollars in federal, State, and local taxes for increased costs for law enforcement, welfare, and education;

(15) costs the citizens of this State billions of

dollars in increased costs for consumer goods and services, insurance premiums, and medical treatment;

(16) hinders citizens from freely using public

parks, streets, schools, forest preserves, playgrounds, and other public areas; and

(17) contributes to a lower quality of life and

standard of living for the citizens of this State.

(b) The General Assembly finds that, in light of the findings made
in subsection (a), any violation of the Cannabis Control Act, the Methamphetamine Control and Community Protection Act, or the
Illinois Controlled Substances Act that involves the nonconsensual use of
the real or personal property of another person, whether that person is an
individual or a governmental or private entity representing a collection of
individuals, is so injurious to the property interests and the well‑being
of that person that the violation gives rise to a cause of action sounding
in tort.  The General Assembly also finds that the delivery of a controlled
substance or cannabis in violation of the Illinois Controlled Substances
Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act to an unemancipated minor under the age of
18 is so injurious to the rights and duties of parents and legal guardians
relating to the physical, mental, and emotional well‑being of that minor
that the violation also gives rise to a cause of action sounding in tort.
The General Assembly further finds that although the damage a person
suffers through the nonconsensual use of his property to facilitate such a
violation or the damage a parent or legal guardian suffers as the result of
the delivery to the minor of cannabis or a substance in violation of the
Cannabis Control Act, the Methamphetamine Control and Community Protection Act, or the Illinois Controlled Substances Act is often
subtle and incapable of precise articulation, that damage is nonetheless
real and substantial.  It is therefore the intent of the General Assembly
to create a cause of action with statutorily prescribed damages for the
conduct described in this Act.

(Source: P.A. 94‑556, eff. 9‑11‑05.)

(740 ILCS 20/3) (from Ch. 70, par. 903)

Sec. 3.

Definitions.

As used in this Act, unless the context otherwise
requires:

"Cannabis" includes marihuana, hashish, and other substances that
are identified as including any parts of the plant Cannabis Sativa, whether
growing or not, the seeds of that plant, the resin extracted from any part of
that plant, and any compound, manufacture, salt, derivative, mixture, or
preparation of that plant, its seeds, or resin, including
tetrahydrocannabinol (THC) and all other cannabinol derivatives, including
its naturally occurring or synthetically produced ingredients, whether
produced directly or indirectly by extraction, independently by means of
chemical synthesis, or by a combination of extraction and chemical
synthesis. "Cannabis" does not include the mature stalks of that plant, fiber
produced from those stalks, oil or cake made from the seeds of that plant,
any other compound, manufacture, salt, derivative, mixture, or preparation
of mature stalks (except the extracted resin), fiber, oil
or cake, or the sterilized seeds of that plant that are incapable of
germination.

"Controlled substance" means a drug, substance, or immediate precursor in
the Schedules of Article II of the Illinois Controlled Substances Act.

"Counterfeit substance" means a controlled substance or the container or
labeling of a controlled substance that, without authorization, bears the
trademark, trade name, or other identifying mark, imprint, number, device,
or any likeness thereof of a manufacturer, distributor, or dispenser other
than the person who in fact manufactured, distributed, or dispensed the
substance.

"Deliver" or "delivery" means the actual, constructive, or attempted
transfer of possession of a controlled substance or cannabis, with or
without consideration, whether or not there is an agency relationship.

"Manufacture" means the production, preparation, propagation,
compounding, conversion, or processing of a controlled substance, either
directly or indirectly, by extraction from substances of natural origin,
independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis, and includes any packaging or
repackaging of the substance or labeling of its container, except that the
term does not include:

(1) by an ultimate user, the preparation or

compounding of a controlled substance for his own use;

(2) by a practitioner or his authorized agent under

his supervision, the preparation, compounding, packaging, or labeling of a controlled substance;

(A) as an incident to his administering or

dispensing of a controlled substance in the course of his professional practice; or

(B) as an incident to lawful research, teaching

or chemical analysis and not for sale; or

(3) the preparation, compounding, packaging, or

labeling of cannabis as an incident to lawful research, teaching, or chemical analysis and not for sale.

"Owner" means a person who has possession of or any interest
whatsoever in the property involved.

"Person" means an individual, a corporation, a government,
a governmental subdivision or agency, a business trust, an estate, a trust,
a partnership or association, or any other entity.

"Production" means planting, cultivating, tending, or harvesting.

"Property" means real property, including things growing on,
affixed to, and found in land, and tangible or intangible personal
property, including rights, services, privileges, interests, claims,
and securities.

(Source: P.A. 87‑544.)

(740 ILCS 20/4)(from Ch. 70, par. 904)

Sec. 4. Civil liability.

(a) A person who uses or causes to be used any property without the
consent of the owner of that property to facilitate in any manner a
violation of the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection Act or any inchoate offense under either of those Acts is liable to the
owner for civil damages as set forth in this Act.

(b) A person who delivers or causes to be delivered in violation of the
Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act a controlled
substance, cannabis, or methamphetamine to an unemancipated minor under the age of 18 is
liable to the parent or legal guardian of that minor as set forth in this Act.

(c) A person who knowingly delivers or causes to be delivered cannabis, a controlled or counterfeit substance, or methamphetamine that is later involved in
a transaction or activity that gives rise to a cause of action under
subsection (a) or (b) of this Section is liable under subsection (a) or (b),
as the case may be, in the same manner and amount as the person or persons
whose conduct gives immediate rise to the cause of action.

(Source: P.A. 94‑556, eff. 9‑11‑05.)

(740 ILCS 20/5) (from Ch. 70, par. 905)

Sec. 5.

Joint and several liability.

Persons subject to liability
under Section 4 of this Act are jointly and severally liable.

(Source: P.A. 87‑544.)

(740 ILCS 20/6)(from Ch. 70, par. 906)

Sec. 6. Damages.

(a) The damages to which an owner of property is entitled under
subsection (a) of Section 4 shall be based on the highest classification of
offense prescribed under the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control and Community Protection Act that involves the nonconsensual use of his
property in an amount as follows:

(1) When the property is used to facilitate the

commission of a Class B or C misdemeanor, no less than $1,000.

(2) When the property is used to facilitate the

commission of a Class A misdemeanor, no less than $1,500.

(3) When the property is used to facilitate the

commission of a Class 4 felony, no less than $2,500.

(4) When the property is used to facilitate the

commission of a Class 3 felony, no less than $5,000.

(5) When the property is used to facilitate the

commission of a Class 2 felony, no less than $10,000.

(6) When the property is used to facilitate the

commission of a Class 1 felony, no less than $15,000.

(7) When the property is used to facilitate the

commission of a Class X felony, no less than $20,000.

(b) The damages to which a parent or legal guardian is entitled under
subsection (b) of Section 4 shall be based on the highest classification of
offense prescribed under the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and Community Protection Act committed by the person delivering the cannabis or
controlled substance to the minor in an amount as follows:

(1) When the delivery is classified as a Class B or

C misdemeanor, no less than $1,500.

(2) When the delivery is classified as a Class A

misdemeanor, no less than $2,500.

(3) When the delivery is classified as a Class 4

felony, no less than $5,000.

(4) When the delivery is classified as a Class 3

felony, no less than $10,000.

(5) When the delivery is classified as a Class 2

felony, no less than $15,000.

(6) When the delivery is classified as a Class 1

felony, no less than $20,000.

(7) When the delivery is classified as a Class X

felony, no less than $25,000.

(c) In addition to the amounts set forth in subsections (a) and (b), the
owner of the property bringing a cause of action under subsection (a),
other than a government or a governmental subdivision or agency, or the
parent or legal guardian of the minor bringing a cause of action under
subsection (b), may be entitled to receive punitive damages.

(d) A party prevailing in a cause of action brought under this
Act is entitled to reasonable attorneys fees in addition to
damages awarded under subsections (a), (b), and (c) of this Section.

(Source: P.A. 94‑556, eff. 9‑11‑05.)

(740 ILCS 20/7) (from Ch. 70, par. 907)

Sec. 7.

The prosecuting attorney of any government or governmental
subdivision or agency may move for a stay of any proceeding brought under
this Act, to include all discovery, pending the completion of an
investigation or prosecution of a case related to the subject matter of a
suit brought under this Act.

(Source: P.A. 87‑544.)

(740 ILCS 20/8) (from Ch. 70, par. 908)

Sec. 8.

Other remedies.

The remedies provided by this Act are in
addition to any other remedies allowed by law.

(Source: P.A. 87‑544.)

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