Sen. William R. Haine
Filed: 5/17/2012
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 3499




2    AMENDMENT NO. ______. Amend House Bill 3499 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Criminal Code of 1961 is amended  by 
5changing Section 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 commits drug-induced homicide when he or she 
9who violates Section
401 of
the Illinois Controlled Substances 
10Act or Section 55 of the Methamphetamine Control and Community 
11Protection Act by unlawfully delivering a controlled
substance 
12to another, and any person's death is caused by the injection,

13inhalation, absorption, or ingestion of any amount of that 
14controlled substance, commits the
offense of drug-induced 
15homicide.

16    (a-5) A person commits drug-induced homicide when he or she 
 
 
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1violates the law of another jurisdiction, which if the 
2violation had been committed in this State could be charged 
3under Section 401 of the Illinois Controlled Substances Act or 
4Section 55 of the Methamphetamine Control and Community 
5Protection Act, by unlawfully delivering a controlled 
6substance to another, and any person's death is caused in this 
7State by the injection, inhalation, absorption, or ingestion of 
8any amount of that controlled substance. 
9    (b) Sentence.  Drug-induced homicide is a Class X felony, 
10except: .

11        (1) (c) A person who commits drug-induced homicide by 
12    violating subsection (a)
or subsection (c) of Section 401 
13    of the Illinois Controlled Substances Act or Section 55 of 
14    the Methamphetamine Control and Community Protection Act

15    commits a Class X felony for which the
defendant shall in 
16    addition to a sentence authorized by law, be sentenced
to a 
17    term of imprisonment of not less than 15 years and not more 
18    than 30
years or an extended term of not less than 30 years 
19    and not more than 60 years.

20        (2) A person who commits drug-induced homicide by 
21    violating the law of another jurisdiction, which if the 
22    violation had been committed in this State could be charged 
23    under subsection (a) or subsection (c) of Section 401 of 
24    the Illinois Controlled Substances Act or Section 55 of the 
25    Methamphetamine Control and Community Protection Act, 
26    commits a Class X felony for which the defendant shall in 
 
 
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1    addition to a sentence authorized by law, be sentenced to a 
2    term of imprisonment of not less than 15 years and not more 
3    than 30 years or an extended term of not less than 30 years 
4    and not more than 60 years. 
5(Source: P.A. 97-191, eff. 7-22-11.)".