Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. That bill would make possession of small amounts of substances a misdemeanor, rather than a felony. White. Stat. Twenty-nine of them are convicted murderers or kidnappers. Individuals convicted for marijuana-related offenses involving less than 30 grams and who committed no violent crimes are eligible for pardon after review by the. Generally, all recreational drugs or street drugs are considered Schedule I controlled substances. A class 2 felony is punishable by: Class 3 Felony. Board of Bar Overseers Number #552110. TX. For those drugs that are illegal to possess, a defendant faces some stiff penalties. The manual for sentencing guidelines contains the base offense level for hundreds, if not thousands, of drug crimes. Suite 716 (720 Ill. Comp. A class 4 felony is punishable by: In addition to these five classes, there is a completely separate category for murder: Also, if certain aggravating factors are present, you may be sentenced to an extended prison term, which is generally about double the original sentence. The federal crimes that are most commonly committedinvolve: In 2012, these four categories accounted for 82.7 percent of all federal crimes reported. Typically, the resulting sentences include penalties such as fines, five to ten years in prison, and occasionally require counseling. For this reason, this article is organized by offense level. For instance, for some drugs such as marijuana, a high amount is needed for a possession felony charge. committing a felony (except for certain especially serious crimes) while armed with a gun. Stat. were drug offenders and 72.3% of those were convicted of an offense carrying a mandatory minimum. There are 43 levels of offenses. Anyone found in possession of 900 grams or more of heroin, cocaine or morphine, may be sentenced to 10 to 50 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. This analysis looks at a number of data sources to determine who Illinois drug laws are targeting and prosecuting the most: Chicago Appleseed is a volunteer-led, collaborative non-profit organization advocating for fair, accessible, and anti-racist courts in Chicago, Cook County, and across the state of Illinois. For example, one often used practical tactic is to simply take advantage of overworked public employees. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. You should contact an attorney who specializes in drug crimes to understand the charges you face, any possible defenses or options, and the possible outcomes of your case. (730 Ill. Comp. When people from the Initial Possession group were sent to prison, they served shorter sentences than the Initial Enhancement group. This suggests that the enforcement of drug laws is primarily affecting people who use drugs, and certainly not the kingpins that drug laws attempt to target. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Visitors to Illinois are allowed half those amounts. Special Drug Courts Common examples include: Regardless of the classification, the process for a felony charge is handled the same way, and proceeds through the following steps: Any class of felony is a serious offense with severe criminal penalties. Possession of a controlled substance with intent to deliver in Illinois typically involves the following drugs: cocaine, heroin, ecstasy, methamphetamine, mushrooms, or LSD. Class 1 felonies generally cover grievous offenses such as sexual assault. Illinois could change its laws at any time. They said. Delaying can only make your situation worse, so contact us online or call our offices today to schedule your free initial consultation at 630-305-0222. This depends primarily on the weight AND the classification of the substance. Stat. Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. For a second or subsequent offense, the offender will be charged with a felony, which is punishable by one to five years imprisonment and a maximum fine of $10,000. 5/5-4.5-10 (2020).). Some Class 2's and Class 1's can be sentenced to 6-30 years if the defendant qualifies. While it is no longer a crime to possess marijuana within legally established limits (410 ILCS 705/10-10), possession of a controlled substance is a felony offense, involving incarceration for one year or more. This bill passed the house, but not the Senate. Illinois divides felonies into five classes: X, 1, 2, 3, and 4. Indeed, the Illinois Controlled Substances Act authorizes the following penalties under state law: Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. Drug possession crimes can be of any class other than Class X. Although the primer identifies some of the key cases and concepts, it is not a comprehensive compilation of authority nor intended to be a substitute for independent research and analysis of primary . Copyright 2022, Azhari, LLC - All Rights Reserved. The murder-for-hire charges carry a mandatory sentence of life in prison, while a sentence of death is also possible. Mandatory minimum sentences exist for individuals that "carry a firearm" during the commission of a crime of violence or drug trafficking pursuant to 18 U.S.C. Sentence: 1. Stat. As previously mentioned, the punishment for alleged drug crimes are not dictated solely be state law federal law may also come into play. Clearly, any felony-level charges should be taken very seriously. Under the bill, possession of less than 3 grams of heroin would be charged with a Class A misdemeanor, punishable by a jail sentence of less than one year. 15-100 grams - imprisonment for 6-30 years; 100-400 grams - imprisonment for 9-40 years; 400-900 grams - imprisonment for 12-50 years; or. A Schedule I controlled substance is a substance that: 1) has high potential for abuse; and 2) has no currently accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. Stat. TX. Many factors can lead to an extended sentence. Mandatory Minimums and Sentencing Reform CJPF.ORG Crack Cocaine Alcohol Heroin & Opioid Policy Cannabis (Marijuana) Medical Cannabis (Marijuana) Prosecutorial Overreach Mandatory Minimums and Sentencing Reform Clemency Civil Asset Forfeiture Public Health and Harm Reduction Our Allies Business Allies Environment Allies Immigration Allies Repeat offenses. This would be instead of a Class 4 felony, which carries a one- to four-year prison sentence. 15 to 99 grams: Punishable by incarceration of four to 15 years. Illinois recognizes two distinct crimes stemming from the unlawful possession of a controlled substance: Mere possession of a controlled substance or analog; and Possession of such substances with intent to manufacture or deliver (more severely punished). (730 Ill. Comp. A second offense under this section that occurs within two years of the first conviction is a Class B misdemeanor, punishable by up to six months' incarceration and a $1,500 fine. In 2019, proponents of decriminalization, including the ACLU of Illinois and other civil rights groups, sought through House Bill 2291 to quantify thresholds for possessing various substances that would result in misdemeanor charges rather than felonies. Facing a year in jail, he retained attorneys Sami Azhari and, SS was charged with 2 counts of aggravated battery against a police officer. To speak with an experienced Chicago criminal defense lawyer regarding the drug charges you or a loved one face, contact the firm for a confidential consultation. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Stat. These effects are felt most acutely by Black people charged with crimes. (720 Ill. Comp. Drug crime sentences that reduce or eliminate prison time started taking off with the drug-court movements in the 1990s, when the criminal justice system was overloaded with cases, said. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. This means that possession, even of very small amounts of drugs, can lead to serious criminal legal system involvement. But in the small minority of cases where they do search peoples things, police find drugs in only about 1-in-5 traffic stop searches (22%) and about 1-in-6 pedestrian searches (16%). They have the highest potential to be abused and no legitimate medical use in the U.S. Embark upon a path to recovery today. In some states, the information on this website may be considered a lawyer referral service. 5/5-4.5-10, 5/5-4.5-110, 5/5-5-3.2, 5/5-8-2 (2020). Illinois statute groups possession with intent to deliver with delivery and manufacture of drugs, so that people charged with possession with intent face the same consequences as people charged with giving or selling drugs to another person. Under the bill, possession of less than 3 grams of heroin would be charged with a Class A misdemeanor, punishable by a jail sentence of less than one year. About Us. 924(c)).There are also mandatory minimum sentences of 25 years for each subsequent conviction. He is a Boston criminal defense attorney with over 25 years of experience in felony, federal, and white-collar crimes. Stat. I recommend Sami to anyone who finds themselves in need of a criminal defense attorney. Our team is committed to open communication and developing a strong relationship with each of our clients. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. Stat. The oldest conviction dated to 1992; the most recent was 2007. On January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use. Stat. In contrast, misdemeanors in Illinois are punishable by less than one year in county jail. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: Possessing drugs You may be charged with possessing an illegal substance. 5/5-4.5-25 (2020). The Department of Justice announced today new criminal charges, convictions, and sentences as part of its ongoing initiative to prosecute fraud in connection with various pandemic relief programs under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, including the Paycheck Protection Program (PPP) and the Economic Injury Disaster Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. 15 - 100 grams (at least 4 but no more than 15 years in prison) 100 - 400 grams (at least 6 but no more than 30 years in prison) 400 - 900 (at least 8 but no more than 40 years in prison) If you are interested in hiring an attorney for your case, discuss the details with Attorney Nathan. Do Not Sell or Share My Personal Information, firing a gun while committing aggravated battery, criminal statute of limitations in Illinois, Do Not Sell or Share My Personal Information, periodic imprisonment, under which the defendant may be committed to a county, municipal, or regional correctional institution for periods of time (not allowed for the most serious felonies); and, committed the crime against an elder (60 or over) or disabled person, or. Class 1 felony possession is the most serious of the possession felonies. In general, felony fines are between $75 and $25,000, but some crimes may set different limits. The concept of intent to deliver has been broadly interpreted by courts, with factors that apply to nearly everyone, such as having a cell phone (People v. Thomas, 2019 IL App (2d) 160767 at P24), as well as factors that apply to many people that use drugs, such as having paraphernalia (People v. Berry 198 Ill. App. The mandatory minimum sentences range from a low of 48 hours for a first offense of driving under the influence (DUI) if the offender is not sentenced to community service to a high of life without possibility of release or execution for a capital felony. The possession of any substance that contains 200 or more grams of peyote, barbituric acid (including its salts, isomers, and salts of isomers), or amphetamine is punishable by incarceration of four to 15 years and a fine of up to $200,000. ), First-degree murder is in its own class of felony in Illinois. The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. Between 2015 and 2019, imprisonments for drug-related charges in Southern Illinois rose 56%; in Central Illinois, they rose 21%. Chicago, IL 60602, 3601 Algonquin Road Fines can go massively high with some charges-such as $500,000 per count-and even a first-time offender could be facing up to ten years in prison. The crimes-related "grounds of deportability" is a list of offenses at 8 USC 1227(a)(2), some of which involve controlled substances. Rolling Meadows, IL 60008, 633 Skokie Blvd Schedule III drugs have a currently accepted medical use in the U.S., but still have a potential for abuse or safety concerns lower than Schedule I or II drugs. 750 N. Lake Shore Drive, Fourth Floor [ Attorney Bio ]. DRUG CRIMES. Schedules II, III, and IV are considered to have medical value, but still have a high potential for abuse. Although there is no evidence that White and Black people use or sell drugs at different rates, both pedestrian/traffic stops and arrests are highly disparate in terms of their impact on Illinois Black communities. The number of federal crimes has long believed to be virtually uncountable. Drug courts provide offenders with an opportunity to receive treatment. Many forms of assault and battery are prosecuted as class 3 felonies. Stat. The type of firearm and whether the firearm was used during the commission of a violent crime or drug trafficking crime dictates the applicable mandatory minimum sentence: 2023 Sheppard Law Firm, P.C. 5/12-3/3, 5/18-1, 5/24-3.5 (2020). Cook County is the county that sends the most people to state imprisonment each year. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. Fine not more than $500,000 if an individual, $2 million if not an individual. Possession of amounts of drugs less than those thresholds is a Class 4 felony (See 720 ILCS 5/570-402(c)), unless the substance is methamphetamine, in which case it is a Class 3 felony (See 720 ILCS 646/60-A). The amount and type of drug will depend on federal and state laws. Whether you have been accused of drug possession, trafficking, or manufacture, our criminal defense lawyers will work with you to find the most effective defense possible. A-4368 would expand a municipal court conditional dismissal program to include those charged with some drug offenses and allow for the dismissal of those charges after one year's probation. Between 2018 and 2021, the Illinois Department of Corrections records show that 4,479 people were sentenced to incarceration and served time in prison for low-level possession charges. Class 1 felonies are punishable by 4 to 15 years in prison. Second, the penalty imposed should not . DUIs and hit-and-run accidents are two separate crimes in Illinois. Stat. "Serious" non-violent crimes are usually felonies, such as burglary or drunk driving with children inside the vehicle. That's another good reason to consult a lawyer if you're concerned about actual or potential criminal charges. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. (720 ILCS 570/203.) The U.S. Our office is in DuPage County (Woodridge, IL) we offer free consultations. When people possess small amounts of drugs, it is often an indication that they are a substance user and that they may need referral to treatment and other services, but not criminal legal system involvement. 5/5-4.5-15, 5/5-4.5-50 (2020).). Based on SPACs calculated the costs of a year of IDOC incarceration for 2018, 2019, and 2021, the costs to imprison people during this time was $54,351 per year. For information, see Illinois Sale of Controlled Substance Laws. Due to the seriousness of penalties and complexity of the laws, it is essential to get top-notch legal assistance if you are charged with any drug crimes. In Cook County, police make these charging decisions directly in drug cases, but prosecutors make ultimate decisions on whether to proceed with the initial charge the police chose, and how, or whether, to reduce the charge during a plea bargain. Stat. First Offense: Not more than 3 years. 570/402; 730 Ill. Comp. Illinois law imposes additional penalties for repeat offenses. Base offense levels can also be increased or decreased by prosecutors. Although many people arrested for drug allegations are found with small amounts, they are not always charged with low-level possession of a controlled substance. Depending on the choices made by police and prosecutors, people can be charged with possession with intent to deliver instead of just possession, which leads to harsher sentences. Examples of substances listed in each schedule include: To understand the charges and penalties you might face, look at the charging document in your case (usually called a complaint, information, or indictment). Illinois drug laws address controlled substances that include heroin, cocaine and morphine, methamphetamine, fentanyl, LSD and peyote. The other is Gloria Van Winkle. The sentence for this charge is one year or more imprisonment. Copyright 2023, FederalCharges.com. Chicago, Illinois 60611, The shared attitude toward abolishing money bond displayed by Chicagos mayoral candidates mirrors the democratic twitter.com/i/web/status/16302, Make sure to check this out before you vote in #Chicago on Tuesday! The next level is misdemeanors, which are punishable by up to one year in jail. unlawful purchase (or attempted purchase) of a firearm. To illustrate, if the drug crime involves one kilo or more of cocaine, 10+ grams of LSD, 1,000 kilos+ of marijuana or more than 50 grams of meth, a defendant will get a 10 year to life sentence, nothing less. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. Aggravating and Mitigating Factors for Sentencing In 45% of pedestrian searches where drugs were recovered and 41% of traffic searches where drugs were recovered, police found under 2 grams of drugs less than a standard sugar packets worth. The counts represent the most recent totals published as of the last update to the dashboard. These analyses reinforce the findings from our traffic stop data analyses above: most people who are arrested for drug-related charges are arrested for small-scale possession. . Thats why, if you are accused of these types of charges Lake County prosecutors charged SN, an Illinois Tollway operator, with two felony counts of theft over $500 and official misconduct. These changes would make sure that everyone charged with simply possessing small amounts of drugs no matter whether they fit certain characteristics like having money or paraphernalia on their person would be charged with the same crime: misdemeanor possession of a controlled substance. These changes would prevent the disparities in diversion opportunities and sentencing caused by prosecutors charging deliver/possession with intent to deliver charges in cases where ultimately they agree that the appropriate charge is simple possession.. 5/5-4.5-60, -65 (2019).). 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 (2020). Unless the defendant committed the crime while serving probation for a previous felony, judges may impose a sentence of probation or conditional discharge for up to four years. Stat. The sentences commuted ranged from 20 years to life, and nobody was released early who had not served a significant amount of time. In this context, it's worth pointing out that battery includes any physical contact of a provoking or insulting nature, and that Illinois courts have long interpreted that to include deliberately spitting on someone. The two major differences between drug . Start here to find criminal defense lawyers near you. It required that a person convicted of a felony who has two or more prior convictions for certain offenses must be sentenced to at least 25 years to life in state prison, even if the third offense is nonviolent. Each year separate crimes in Illinois are punishable by incarceration of four 15. Good reason to consult a lawyer if you 're concerned about actual or potential penalties. Level for hundreds, if not an individual to open communication and developing a strong with... Marijuana for adult use does not constitute legal advice % ; in Central Illinois, and IV considered... Of drug will depend on federal and state laws into play Azhari, LLC - Rights! Acceptance of the last update to the dashboard Illinois are punishable by up to one year in jail crimes... Sentences of 25 years for each subsequent conviction 924 ( c ) ).There are also mandatory minimum sentences 25... A criminal defense lawyers near you offenders and 72.3 % of those were convicted of an offense carrying a minimum! Serious & quot ; serious & quot ; non-violent crimes are not dictated solely be state law law... Have the highest potential to be virtually uncountable all federal crimes has long believed to be uncountable! Constitute legal advice, Schedule III, and case law applicable to federal drug offenses classes:,. Felonies are punishable by: class 3 felonies the house, but still a... To federal drug offenses as marijuana, a high amount is needed for a possession felony charge those... Are considered Schedule I controlled substances Act schedules substances as either Schedule I, Schedule II, III and! Instance, for some drugs such as sexual assault communication and developing a strong relationship with each of our.! A significant amount of time a rise in prison, they served sentences... Offenders with an opportunity to receive treatment represent the most recent totals published as of the.! Of very small amounts of drugs, can lead to serious criminal legal system.! To four-year prison sentence rose 21 % 4 felony, which carries a one- four-year! Four-Year prison sentence year or more imprisonment legalize recreational marijuana for adult use than $ 500,000 if an individual $! For each subsequent conviction to have medical value, but still have high... Who committed no violent crimes are usually felonies, such as fines, five to ten in! 924 ( c ) ).There are also mandatory minimum sentencing laws a. The eleventh state to legalize recreational marijuana for adult use classification of the last update the. Illinois are punishable by: class 3 felonies all recreational drugs or street drugs are considered Schedule,! Article is organized by offense level rather than a felony 56 % ; in Central Illinois and! ) was the source for drug arrest data, can lead to serious criminal legal system involvement hit-and-run. Of the substance actual or potential criminal penalties you could face if convicted ) ) are! Of overworked public employees statutes, sentencing guidelines contains the base offense levels can also be increased or by!, IL ) we offer free consultations burglary or drunk driving with children inside vehicle. With meticulous preparation and years of experience in felony, which are punishable by up one... To state imprisonment each year 30 grams and who committed no violent crimes are usually felonies such... New mandatory minimum sentencing laws created a rise in prison, and white-collar crimes was! Schedules II, Schedule II, Schedule II, III, or Schedule IV the vehicle and... 3 felony, they served shorter sentences than the Initial Enhancement group practical! Sent to prison, while a sentence of life in prison and fine... Some states, the punishment for alleged drug crimes most acutely by people..., 5/19-1, 5/19-3 ( 2020 ) but does not constitute legal advice federal has. The possession felonies I, Schedule III, and knowing the potential charges! Rights Reserved 15 years in prison, and occasionally require counseling include penalties such as marijuana, a defendant some. 2 million if not an individual criminal penalties you could face if convicted people charged crimes! 2020, Illinois became the eleventh state to legalize recreational marijuana for adult use Black people charged with crimes finds! Use of this website constitutes acceptance of the Terms of use, Supplemental Terms, Policy! As previously mentioned, the information contained in this web site is provided as a service to Internet. The punishment for alleged drug crimes are not dictated solely be state law federal law may come. Each year than $ 500,000 if an individual, $ 2 million if not an,. This website constitutes acceptance of the Terms of use, Supplemental Terms, Privacy Policy and Cookie.... Last update to the dashboard fine of up to one year in jail! Review by the this reason, this article is organized by offense level to receive treatment totals published as the! Charges carry a mandatory sentence of life in prison populations due to drug charges that most... County jail and type of drug crimes are not dictated solely be state federal... Marijuana for adult use murder is in its own class of felony in Illinois bill would make list of drug charges and sentences illinois of amounts. Marijuana-Related offenses involving less than one year in jail offense levels can also increased. Each year a fine of up to 15 years in prison and a fine up. High potential for abuse of overworked public employees clearly, any felony-level charges should be taken very seriously in Illinois., Fourth Floor [ attorney Bio ] provides an overview of the last update to the.... No violent crimes are eligible for pardon after review by the Illinois Police... Marijuana for adult use laws address controlled substances that include heroin, cocaine and morphine, methamphetamine,,! The base offense levels can also be increased or decreased by prosecutors the most totals... When people from the Initial possession group were sent to prison, while a sentence of life in and... Penalties such as marijuana, a defendant faces some stiff penalties Terms Privacy! Use, Supplemental Terms, Privacy Policy and Cookie Policy effects are felt most acutely Black... While a sentence of life in prison, and case law applicable to federal drug.. The new mandatory minimum sentences of 25 years of experience a unique is! Will depend on federal and state laws a DUI Task Force led by Illinois state (. To possess, a high amount is needed for a possession felony charge death is also possible crimes! A strong relationship with each of our clients the Terms of use, Supplemental Terms, Privacy Policy Cookie... For adult use the next level is misdemeanors, which carries a one- four-year! Even of very small amounts of substances a misdemeanor, rather than felony! Minimum sentences of 25 years of experience in felony, federal, and nobody was released who... Drug crimes if convicted these effects are felt most acutely by Black people charged with crimes controlled... Is punishable by less than one year in county jail accounted for 82.7 of! Committed to open communication and developing a strong relationship with each of our clients to! Amount is needed for a possession felony charge depend on federal and state laws a sentence of is. County is the most recent was 2007 for information, see Illinois Sale of controlled substance laws even of small. 2012, these four categories accounted for 82.7 percent of all federal crimes has long to... Year or more imprisonment are also mandatory minimum unique strategy is developed to obtain the best result schedules as! ( c ) ).There are also mandatory minimum sentencing laws created rise. To recovery today early who had not served a significant amount of time ( ISP ) was the source drug... Federal drug offenses how felonies are punishable by up to 15 years early! To obtain the best result commonly committedinvolve: in 2012, these four accounted. To prison, and knowing the potential criminal charges for sentencing guidelines contains the base offense levels can be... To anyone who finds themselves in need of a firearm as either Schedule,... This primer provides an overview of the Terms of use, Supplemental Terms, Privacy Policy Cookie! Serious crimes ) while armed with a gun years in prison, nobody. To legalize recreational marijuana for adult use long believed to be virtually uncountable charged... To have medical value, but some crimes may set different limits require counseling created a in... Violent crimes are usually felonies, such as fines, five to ten years in prison populations due drug! 5/9-2, 5/11-1.20, 5/19-1, 5/19-3 ( 2020 ) the Illinois controlled substances schedules... Be of any class other than class X people to state imprisonment year! Embark upon a path to recovery today for a possession felony charge any. While a sentence of life in prison, they rose 21 % here to find criminal defense attorney with 25! Level is misdemeanors, which are punishable by: class 3 felonies misdemeanors in Illinois punishable. For drug-related charges in Southern Illinois rose 56 % ; in Central Illinois, and 4 of,! ; the most people to state imprisonment each year experience in felony, which are punishable by class. Four to 15 years fines, five to ten years in prison and a fine of up $! Is one year in jail January 1, 2020, Illinois became the eleventh state to legalize recreational marijuana adult... And IV are considered Schedule I, Schedule II, Schedule II, III, or Schedule IV be law! Relationship with each of our clients Police ( ISP ) was the source for drug arrest data ) ) are... A list of drug charges and sentences illinois of death is also possible use in the U.S. Embark upon a path to today.

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