HB5942 100TH GENERAL ASSEMBLY

LRB100 22719 SLF 41700 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5942

Introduced , by Rep. Monica Bristow

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12-5.03 new

Amends the Criminal Code of 2012. Provides that a person who unlawfully possesses fentanyl commits reckless endangerment of a first responder by fentanyl exposure if he or she, by any means lawful or unlawful, recklessly performs an act or acts that cause a first responder bodily harm as a result of exposure to or contact with fentanyl. Provides that a person commits reckless endangerment of a first responder by fentanyl exposure when he or she unlawfully delivers fentanyl to another that causes bodily harm to a first responder as a result of exposure to or contact with that fentanyl. Reckless endangerment of a first responder by fentanyl exposure is a Class 2 felony. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by adding Section 12-5.03 as follows:

(720 ILCS 5/12-5.03 new)

Sec. 12-5.03. Reckless endangerment of a first responder by fentanyl exposure.

(a) In this Section:

"Fentanyl" means a substance containing any amount of fentanyl or a fentanyl analog, including any isomers, esters, ethers, salts, or salts of isomers thereof.

"First responder" means emergency medical services personnel as defined in Section 3.5 of the Emergency Medical Services (EMS) Systems Act, a law enforcement officer, or firefighter.

(b) A person who unlawfully possesses fentanyl commits reckless endangerment of a first responder by fentanyl exposure if he or she, by any means lawful or unlawful, recklessly performs an act or acts that cause a first responder bodily harm as a result of exposure to or contact with fentanyl.

(c) A person commits reckless endangerment of a first responder by fentanyl exposure when he or she unlawfully delivers fentanyl to another that causes bodily harm to a first responder as a result of exposure to or contact with that fentanyl.

(d) Reckless endangerment of a first responder by fentanyl exposure is a Class 2 felony.

Section 99. Effective date. This Act takes effect upon becoming law.