102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2212
 
Introduced 2/26/2021, by Sen. Jason Plummer
 
SYNOPSIS AS INTRODUCED:
 

 
  
720 ILCS 5/9-3.3  from Ch. 38, par. 9-3.3

     Amends the Criminal Code of 2012. Provides that a person commits drug-induced homicide when he or she violates delivery of a controlled substance or methamphetamine or a similar law of another jurisdiction, by unlawfully delivering a controlled substance to another, and the injection, inhalation, absorption, or ingestion of any amount of that controlled substance is a contributing cause of the person's death.
  


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A BILL FOR
 

  
SB2212LRB102 11584 KMF 16918 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 5. The Criminal Code of 2012 is amended  by 
5changing Section 9-3.3 as follows:
 


6    (720 ILCS 5/9-3.3)  (from Ch. 38, par. 9-3.3)




7    Sec. 9-3.3. Drug-induced homicide. 

8    (a) A person commits drug-induced homicide when he or she 
9violates Section
401 of
the Illinois Controlled Substances Act 
10or Section 55 of the Methamphetamine Control and Community 
11Protection Act by unlawfully delivering a controlled
substance 
12to another, and any person's death is caused by the injection,

13inhalation, absorption, or ingestion of any amount of that 
14controlled substance or the injection, inhalation, absorption, 
15or ingestion of any amount of that controlled substance is a 
16contributing cause of the person's death.

17    (a-5) A person commits drug-induced homicide when he or 
18she violates the law of another jurisdiction, which if the 
19violation had been committed in this State could be charged 
20under Section 401 of the Illinois Controlled Substances Act or 
21Section 55 of the Methamphetamine Control and Community 
22Protection Act, by unlawfully delivering a controlled 
23substance to another, and any person's death is caused in this 
 
 
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1State by the injection, inhalation, absorption, or ingestion 
2of any amount of that controlled substance or the injection, 
3inhalation, absorption, or ingestion of any amount of that 
4controlled substance is a contributing cause of the person's 
5death. 
6    (b) Sentence.  Drug-induced homicide is a Class X felony, 
7except:

8        (1) A person who commits drug-induced homicide by 
9    violating subsection (a)
or subsection (c) of Section 401 
10    of the Illinois Controlled Substances Act or Section 55 of 
11    the Methamphetamine Control and Community Protection Act

12    commits a Class X felony for which the
defendant shall in 
13    addition to a sentence authorized by law, be sentenced
to 
14    a term of imprisonment of not less than 15 years and not 
15    more than 30
years or an extended term of not less than 30 
16    years and not more than 60 years.

17        (2) A person who commits drug-induced homicide by 
18    violating the law of another jurisdiction, which if the 
19    violation had been committed in this State could be 
20    charged under subsection (a) or subsection (c) of Section 
21    401 of the Illinois Controlled Substances Act or Section 
22    55 of the Methamphetamine Control and Community Protection 
23    Act, commits a Class X felony for which the defendant 
24    shall, in addition to a sentence authorized by law, be 
25    sentenced to a term of imprisonment of not less than 15 
26    years and not more than 30 years or an extended term of not 
 
 
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1    less than 30 years and not more than 60 years. 
2(Source: P.A. 100-404, eff. 1-1-18.)