BILL WOULD INCREASE PENALTIES FOR DEALING ECSTASY

The Illinois Senate sent legislation to the governor Thursday that would
significantly increase penalties for dealing the drug ecstasy, as well as
make it easier for law enforcement to prosecute people for drug-induced
homicide.

House Bill 126 would make it a Class X felony if a person is convicted of
possession with the intent to distribute 15 to 200 doses of ecstasy, which
equates to a mandatory minimum sentence of six years in prison.

When pushing the bill in a House committee in February, Rep. Lee Daniels,
R-Elmhurst, noted that under current law, a person convicted of possession
of 900 doses of ecstasy can still receive probation.

In many cases, the drug is sold $25 to $40 a pill, generating a huge profit
for the manufacturers who make the pills for under 50 cents each.

Ecstasy is most often associated with "raves," all-night, musically driven
parties often promoted as alcohol-free events. It is called the "hug drug"
because it lowers users' inhibitions and makes them crave physical contact
and visual stimulation. The National Institute on Drug Abuse has determined
that the sometimes-lethal drug can cause permanent changes in the brain's
chemistry.

While the bill received one "no" vote in both chambers combined, Senate
debate included concerns about what constitutes intent to distribute and
even if the state's drug policy is on target.

Sen. Barack Obama, D-Chicago, questioned whether Illinois' drug penalties
are appropriate considering that a person convicted of raping a woman at
knifepoint would be charged with the same level of offense as someone
convicted of selling 15 doses of ecstasy.

Sen. Robert Molaro, D-Chicago, the only person in the General Assembly to
vote against the bill, said it is wrong for the state to boost penalties
without educating people about the new ramifications if they are caught
selling the drug.

"I think we have to give a little more education before we put the hammer
on the youth of our society," Molaro said.

The other aspect of the bill makes a technical change to Illinois' criminal
code that broadens the definition of drug-induced homicide. Under the
proposal, if a person died after being sold just one hit of ecstasy, the
dealer could be changed with drug-induced homicide.

It would currently require selling a very large amount of the drug before a
person could be charged with such a crime. Drug-induced homicide is a Class
X felony with a minimum mandatory sentence of six years in prison.

DuPage County State's Attorney Joseph Birkett, who has been lobbying for
the bill's passage, said he has already spoken with Attorney General Jim
Ryan on how to best apply it.

"I fully intend to use this law to go after drug dealers, both low-level
and high-level drug dealers who cause deaths," Birkett said, adding that
the legislation mirrors public opinion and is good public policy.

"You should be held accountable for your conduct, but the punishment should
also reflect the consequences of that behavior," he said.