103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4151

 

Introduced , by Rep. Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12C-16 new

    Amends the Criminal Code of 2012. Creates the offense of fentanyl-related child endangerment. Provides that a person commits the offense when the person knowingly or recklessly endangers the life or health of a child under 18 years of age by exposing or allowing exposure of the child to fentanyl, including consumption of fentanyl. Provides that a violation is a Class 2 felony. Creates the offense of aggravated fentanyl-related child endangerment. Provides that a person commits the offense when the person knowingly or recklessly endangers the life or health of a child under 18 years of age by exposing or allowing exposure of the child to fentanyl, including consumption of fentanyl and the child experiences death, great bodily harm, disability, or disfigurement as a result of the fentanyl-related child endangerment. Provides that exposure to fentanyl as prescribed or administered by a health care professional in the course of medical treatment does not constitute endangerment. Provides that a violation is a Class X felony for which the offender shall be sentenced to a term of imprisonment of not less than 6 years and not more than 30 years and fined not to exceed $100,000. Defines terms.


LRB103 34262 RLC 64088 b

 

 

A BILL FOR

 

HB4151LRB103 34262 RLC 64088 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 adding
5Section 12C-16 as follows:
 
6    (720 ILCS 5/12C-16 new)
7    Sec. 12C-16. Fentanyl-related child endangerment;
8aggravated fentanyl-related child endangerment.
9    (a) In this Section:
10    "Child" means a person under 18 years of age.
11    "Fentanyl" means the substance described in paragraph (8)
12of subsection (c) of Section 206 of the Illinois Controlled
13Substances Act.
14    (b)(1) Fentanyl-related child endangerment. A person
15commits fentanyl-related child endangerment when the person
16knowingly or recklessly endangers the life or health of a
17child by exposing or allowing exposure of the child to
18fentanyl, including consumption of fentanyl. Exposure to
19fentanyl as prescribed or administered by a health care
20professional in the course of medical treatment does not
21constitute endangerment.
22    (2) Sentence. A person who violates paragraph (1) of this
23subsection (b) is guilty of a Class 2 felony.

 

 

HB4151- 2 -LRB103 34262 RLC 64088 b

1    (c)(1) Aggravated fentanyl-related child endangerment. A
2person commits aggravated fentanyl-related child endangerment
3when the person violates paragraph (1) of subsection (b) and
4the child experiences death, great bodily harm, disability, or
5disfigurement as a result of the fentanyl-related child
6endangerment.
7    (2) Sentence. A person who violates paragraph (1) of this
8subsection (c) is guilty of a Class X felony and shall be
9sentenced to a term of imprisonment of not less than 6 years
10and not more than 30 years and fined not to exceed $100,000.