97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0021

 

Introduced 1/12/2011, by Rep. Jim Sacia

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/9-3.3  from Ch. 38, par. 9-3.3

    Amends the Criminal Code of 1961. Provides that a person also commits the offense of drug induced homicide by causing another person's death through absorption of an unlawfully delivered controlled substance. Effective immediately.


LRB097 03020 RLC 43051 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0021LRB097 03020 RLC 43051 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 9-3.3 as follows:
 
6    (720 ILCS 5/9-3.3)  (from Ch. 38, par. 9-3.3)
7    Sec. 9-3.3. Drug-induced homicide.
8    (a) A person who violates Section 401 of the Illinois
9Controlled Substances Act or Section 55 of the Methamphetamine
10Control and Community Protection Act by unlawfully delivering a
11controlled substance to another, and any person's death is
12caused by the injection, inhalation, absorption, or ingestion
13of any amount of that controlled substance, commits the offense
14of drug-induced homicide.
15    (b) Sentence. Drug-induced homicide is a Class X felony.
16    (c) A person who commits drug-induced homicide by violating
17subsection (a) or subsection (c) of Section 401 of the Illinois
18Controlled Substances Act or Section 55 of the Methamphetamine
19Control and Community Protection Act commits a Class X felony
20for which the defendant shall in addition to a sentence
21authorized by law, be sentenced to a term of imprisonment of
22not less than 15 years and not more than 30 years or an
23extended term of not less than 30 years and not more than 60

 

 

HB0021- 2 -LRB097 03020 RLC 43051 b

1years.
2(Source: P.A. 94-556, eff. 9-11-05; 94-560, eff. 1-1-06;
395-331, eff. 8-21-07.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.