101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1415

 

Introduced 2/13/2019, by Sen. Jason Plummer

 

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

    Amends the Criminal Code of 2012. Provides that a person commits drug-induced homicide when he or she violates delivery of a controlled substance or methamphetamine or a similar law of another jurisdiction, by unlawfully delivering a controlled substance to another, and the injection, inhalation, absorption, or ingestion of any amount of that controlled substance is a contributing cause of the person's death.


LRB101 09675 SLF 54774 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1415LRB101 09675 SLF 54774 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 2012 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 commits drug-induced homicide when he or she
9violates Section 401 of the Illinois Controlled Substances Act
10or 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 or the injection, inhalation, absorption,
15or ingestion of any amount of that controlled substance is a
16contributing cause of the person's death.
17    (a-5) A person commits drug-induced homicide when he or she
18violates the law of another jurisdiction, which if the
19violation had been committed in this State could be charged
20under Section 401 of the Illinois Controlled Substances Act or
21Section 55 of the Methamphetamine Control and Community
22Protection Act, by unlawfully delivering a controlled
23substance to another, and any person's death is caused in this

 

 

SB1415- 2 -LRB101 09675 SLF 54774 b

1State by the injection, inhalation, absorption, or ingestion of
2any amount of that controlled substance or the injection,
3inhalation, absorption, or ingestion of any amount of that
4controlled substance is a contributing cause of the person's
5death.
6    (b) Sentence. Drug-induced homicide is a Class X felony,
7except:
8        (1) A person who commits drug-induced homicide by
9    violating subsection (a) or subsection (c) of Section 401
10    of the Illinois Controlled Substances Act or Section 55 of
11    the Methamphetamine Control and Community Protection Act
12    commits a Class X felony for which the defendant shall in
13    addition to a sentence authorized by law, be sentenced to a
14    term of imprisonment of not less than 15 years and not more
15    than 30 years or an extended term of not less than 30 years
16    and not more than 60 years.
17        (2) A person who commits drug-induced homicide by
18    violating the law of another jurisdiction, which if the
19    violation had been committed in this State could be charged
20    under subsection (a) or subsection (c) of Section 401 of
21    the Illinois Controlled Substances Act or Section 55 of the
22    Methamphetamine Control and Community Protection Act,
23    commits a Class X felony for which the defendant shall, in
24    addition to a sentence authorized by law, be sentenced to a
25    term of imprisonment of not less than 15 years and not more
26    than 30 years or an extended term of not less than 30 years

 

 

SB1415- 3 -LRB101 09675 SLF 54774 b

1    and not more than 60 years.
2(Source: P.A. 100-404, eff. 1-1-18.)