Illinois General Assembly - Full Text of SB0639
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Full Text of SB0639  100th General Assembly

SB0639enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB0639 EnrolledLRB100 05440 SLF 15451 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 1. This Act may be referred to as the Evan Rushing
5Law.
 
6    Section 5. The Criminal Code of 2012 is amended by changing
7Section 9-3.3 as follows:
 
8    (720 ILCS 5/9-3.3)  (from Ch. 38, par. 9-3.3)
9    Sec. 9-3.3. Drug-induced homicide.
10    (a) A person commits drug-induced homicide when he or she
11who violates Section 401 of the Illinois Controlled Substances
12Act or Section 55 of the Methamphetamine Control and Community
13Protection Act by unlawfully delivering a controlled substance
14to another, and any person's death is caused by the injection,
15inhalation, absorption, or ingestion of any amount of that
16controlled substance, commits the offense of drug-induced
17homicide.
18    (a-5) A person commits drug-induced homicide when he or she
19violates the law of another jurisdiction, which if the
20violation had been committed in this State could be charged
21under Section 401 of the Illinois Controlled Substances Act or
22Section 55 of the Methamphetamine Control and Community

 

 

SB0639 Enrolled- 2 -LRB100 05440 SLF 15451 b

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

 

 

SB0639 Enrolled- 3 -LRB100 05440 SLF 15451 b

1(Source: P.A. 97-191, eff. 7-22-11.)