HB4493 100TH GENERAL ASSEMBLY

LRB100 17420 RLC 32587 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4493

Introduced , by Rep. John M. Cabello

SYNOPSIS AS INTRODUCED:

720 ILCS 5/9-3.3-1 new

Amends the Criminal Code of 2012. Creates the offense of drug-induced homicide of an unborn child. Provides that a person commits the offense when the person, without lawful justification, knowingly injects or knowingly causes injection, inhalation, absorption, or ingestion of any amount of a prescription drug, over-the-counter drug, controlled substance, or methamphetamine that causes the death of an unborn child. Exempts from a violation: (1) acts which cause the death of an unborn child if those acts were committed during any abortion, as defined in the Illinois Abortion Law of 1975, to which the pregnant woman has consented; (2) acts which were committed under usual and customary standards of medical practice during diagnostic testing or therapeutic treatment; or (3) the use of a drug according to the direction of a physician or in accordance with the directions written on the drug label. Provides that a violation is a Class X felony.

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 9-3.3-1 as follows:

(720 ILCS 5/9-3.3-1 new)

Sec. 9-3.3-1. Drug-induced homicide of an unborn child.

(a) In this Section:

"Controlled substance", "drug", and "prescription" have the meanings ascribed to them in Section 102 of the Illinois Controlled Substances Act.

"Methamphetamine" has the meaning ascribed to it in Section 10 of the Methamphetamine Control and Community Protection Act.

"Over-the-counter-drug" means a drug for human use that contains a label that identifies the product as a drug as required by 21 C.F.R. 201.66 and in which a prescription is not required by the Federal Food, Drug, and Cosmetic Act, the Illinois Controlled Substances Act, or the Illinois Food, Drug and Cosmetic Act.

(b) A person commits drug-induced homicide of an unborn child when the person, without lawful justification, knowingly injects or knowingly causes inhalation, absorption, or ingestion of any amount of a prescription drug, over-the-counter drug, controlled substance, or methamphetamine that causes the death of an unborn child.

(c) This Section does not apply to:

(1) acts which cause the death of an unborn child if those acts were committed during any abortion, as defined in Section 2 of the Illinois Abortion Law of 1975, to which the pregnant woman has consented;

(2) acts which were committed under usual and customary standards of medical practice during diagnostic testing or therapeutic treatment; or

(3) the use of a drug according to the direction of a physician or in accordance with the directions written on the drug label.

(d) Sentence. Drug-induced homicide of an unborn child is a Class X felony.