98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5302

 

Introduced , by Rep. Dennis M. Reboletti

 

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: (1) by unlawfully delivering a controlled substance to a woman whom he or she knows to be pregnant; or by injecting, inhaling, absorbing, or ingesting any amount of that controlled substance; and (2) the death of an unborn child is caused by the injection, inhalation, absorption, or ingestion of any amount of that controlled substance. Provides that a violation is a Class X felony. Provides that certain violations are Class X felonies for which the defendant shall, in addition to a sentence authorized by law, be sentenced to a term of imprisonment of not less than 15 years and not more than 30 years or an extended term of not less than 30 years and not more than 60 years. Effective immediately.


LRB098 17710 RLC 52825 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5302LRB098 17710 RLC 52825 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 adding
5Section 9-3.3-1 as follows:
 
6    (720 ILCS 5/9-3.3-1 new)
7    Sec. 9-3.3-1. Drug-induced homicide of an unborn child.
8    (a) As used in this Section, "unborn child" means any
9individual of the human species from fertilization until birth.
10    (b) A person commits drug-induced homicide of an unborn
11child if:
12        (1) the person violates Section 401 of the Illinois
13    Controlled Substances Act or Section 55 of the
14    Methamphetamine Control and Community Protection Act by
15    unlawfully delivering a controlled substance to a woman
16    whom he or she knows to be pregnant; or by injecting,
17    inhaling, absorbing, or ingesting any amount of that
18    controlled substance; and
19        (2) the death of an unborn child is caused by the
20    injection, inhalation, absorption, or ingestion of any
21    amount of that controlled substance.
22    (c) Sentence. Drug-induced homicide of an unborn child is a
23Class X felony, except a person who commits drug-induced

 

 

HB5302- 2 -LRB098 17710 RLC 52825 b

1homicide of an unborn child by violating subsection (a) or
2subsection (c) of Section 401 of the Illinois Controlled
3Substances Act or Section 55 of the Methamphetamine Control and
4Community Protection Act commits a Class X felony for which the
5defendant shall, in addition to a sentence authorized by law,
6be sentenced to a term of imprisonment of not less than 15
7years and not more than 30 years or an extended term of not
8less than 30 years and not more than 60 years.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.