FARLEY, REA, O'MALLEY, RADOGNO, PARKER, SMITH,
MYERS,J, BURZYNSKI, LUECHTEFELD, GEO-KARIS, KEHOE AND WALSH,T.
CRIM CD-AGGRAVATED OFFENSES
Synopsis of Bill as introduced:
Amends the Criminal Code of 1961. Provides that administering a
controlled substance to a person without his or her consent for
nonmedical purposes constitutes aggravated battery. Provides that
delivering a controlled substance to a victim without his or her
consent as part of the same course of conduct as the commission of
criminal sexual assault or criminal sexual abuse is an aggravating
circumstance that enhances these offenses to aggravated criminal
sexual assault or aggravated criminal sexual abuse. Effective
SENATE AMENDMENT NO. 1.
Adds reference to:
720 ILCS 5/12-14.1
720 ILCS 5/12-18 from Ch. 38, par. 12-18
720 ILCS 5/18-5
725 ILCS 5/115-7.3
Further amends the Criminal Code of 1961. Expands the offenses
of predatory criminal sexual assault of a child and aggravated robbery
to include committing the offense while delivering a controlled
substance to the victim without his or her consent. Provides for
procedures by emergency room personnel and law enforcement officers
who reasonably believe that a person has been delivered a controlled
substance without his or her consent. Amends the Code of Criminal
Procedure of 1963. Provides that in certain prosecutions involving
the involuntary delivery of a controlled substance for a victim, no
inference may be made about the fact that a victim did not consent to
a test for the presence of controlled substances. Adds a severability
clause to the bill.
Corrections population and fiscal impact are unknown.
FISCAL NOTE (Attorney General)
No fiscal impact on the Office of the Attorney General.
No decrease or increase in the need for the number of judges.
FISCAL NOTE (Administrative Office of Ill. Courts)
No fiscal impact on the Judicial Branch.
HOUSE AMENDMENT NO. 1.
Provides that in a hospital, whenever emergency room personnel,
other than physicians, have reasonable cause to believe that a person
has been delivered a controlled substance without his or her consent,
personnel designated by the hospital (rather than law enforcement or
other medical personnel) shall provide the victim with certain
information about the effects and administration of controlled
substances and information about testing for the presence of
controlled substances. Provides that any medical treatment, care, or
testing shall only be in accordance with the order of a physician
licensed to practice medicine in all its branches. Also exempts from
violation delivery of controlled substances to a person for medical
Last action on Bill: PUBLIC ACT.............................. 90-0735
Last action date: 98-08-11
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 1
END OF INQUIRY
Full Text Bill Status