State of Illinois
92nd General Assembly
Legislation

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92_HB1784eng

 
HB1784 Engrossed                               LRB9206337RCmg

 1        AN ACT in relation to criminal law.

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

 4        Section  5.   The  Criminal  Code  of  1961 is amended by
 5    changing Section 6-3 as follows:

 6        (720 ILCS 5/6-3) (from Ch. 38, par. 6-3)
 7        Sec. 6-3. Intoxicated or drugged condition.
 8        (a)  A  person  who  is  in  an  intoxicated  or  drugged
 9    condition is criminally responsible for conduct  unless  such
10    condition either:
11             (1) (a)  Is  so  extreme  as to suspend the power of
12        reason and render him incapable  of  forming  a  specific
13        intent which is an element of the offense; or
14             (2) (b)  Is  involuntarily produced and deprives him
15        of  substantial  capacity  either   to   appreciate   the
16        criminality  of  his conduct or to conform his conduct to
17        the requirements of law.
18        (b)  The defense of intoxicated or drugged condition does
19    not apply  to  a  person  who  is  charged  with  an  offense
20    involving  the  sexual or physical abuse of a person under 18
21    years of age.   In this subsection (b), "an offense involving
22    the sexual or physical abuse of a person under  18  years  of
23    age" means any offense under Article 11 or Article 12 of this
24    Code  in which the victim of the offense is under 18 years of
25    age at the time of the offense.
26    (Source: P.A. 85-670.)

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