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Public Act 100-0404


 

Public Act 0404 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0404
 
SB0639 EnrolledLRB100 05440 SLF 15451 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. This Act may be referred to as the Evan Rushing
Law.
 
    Section 5. The Criminal Code of 2012 is amended by changing
Section 9-3.3 as follows:
 
    (720 ILCS 5/9-3.3)  (from Ch. 38, par. 9-3.3)
    Sec. 9-3.3. Drug-induced homicide.
    (a) A person commits drug-induced homicide when he or she
who violates Section 401 of the Illinois Controlled Substances
Act or Section 55 of the Methamphetamine Control and Community
Protection Act by unlawfully delivering a controlled substance
to another, and any person's death is caused by the injection,
inhalation, absorption, or ingestion of any amount of that
controlled substance, commits the offense of drug-induced
homicide.
    (a-5) A person commits drug-induced homicide when he or she
violates the law of another jurisdiction, which if the
violation had been committed in this State could be charged
under Section 401 of the Illinois Controlled Substances Act or
Section 55 of the Methamphetamine Control and Community
Protection Act, by unlawfully delivering a controlled
substance to another, and any person's death is caused in this
State by the injection, inhalation, absorption, or ingestion of
any amount of that controlled substance.
    (b) Sentence. Drug-induced homicide is a Class X felony,
except: .
        (1) (c) A person who commits drug-induced homicide by
    violating subsection (a) or subsection (c) of Section 401
    of the Illinois Controlled Substances Act or Section 55 of
    the Methamphetamine Control and Community Protection Act
    commits a Class X felony for which the defendant shall in
    addition to a sentence authorized by law, be sentenced to a
    term of imprisonment of not less than 15 years and not more
    than 30 years or an extended term of not less than 30 years
    and not more than 60 years.
        (2) A person who commits drug-induced homicide by
    violating the law of another jurisdiction, which if the
    violation had been committed in this State could be charged
    under subsection (a) or subsection (c) of Section 401 of
    the Illinois Controlled Substances Act or Section 55 of the
    Methamphetamine Control and Community Protection Act,
    commits a Class X felony for which the defendant shall, in
    addition to a sentence authorized by law, be sentenced to a
    term of imprisonment of not less than 15 years and not more
    than 30 years or an extended term of not less than 30 years
    and not more than 60 years.
(Source: P.A. 97-191, eff. 7-22-11.)

Effective Date: 1/1/2018