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90_HB1661
720 ILCS 5/12-31 from Ch. 38, par. 12-31
Amends the Criminal Code of 1961 relating to inducement
to commit suicide. Permits a civil action to enjoin a health
care professional or other person from aiding a suicide.
Permits certain relatives and heirs of a person who committed
suicide or attempted suicide to obtain compensatory or
punitive damages from a health care professional or other
person who assisted in the suicide or attempted suicide.
Increases the penalty for inducement to commit suicide by
providing the physical means or participating in the physical
act by which another person attempts suicide from a Class A
misdemeanor to a Class 4 felony.
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1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-31.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-31 as follows:
7 (720 ILCS 5/12-31) (from Ch. 38, par. 12-31)
8 Sec. 12-31. Inducement to Commit Suicide.
9 (a) A person commits the offense of inducement to commit
10 suicide when he or she does either of the following:
11 (1) Coerces another to commit suicide and the other
12 person commits or attempts to commit suicide as a direct
13 result of the coercion, and he or she exercises
14 substantial control over the other person through (i)
15 control of the other person's physical location or
16 circumstances; (ii) use of psychological pressure; or
17 (iii) use of actual or ostensible religious, political,
18 social, philosophical or other principles.
19 (2) With knowledge that another person intends to
20 commit or attempt to commit suicide, intentionally (i)
21 offers and provides the physical means by which another
22 person commits or attempts to commit suicide, or (ii)
23 participates in a physical act by which another person
24 commits or attempts to commit suicide.
25 (a-5) For the purposes of this Section:,
26 (i) "Attempts to commit suicide" means any act done
27 with the intent to commit suicide and which constitutes
28 a substantial step toward commission of suicide.
29 (ii) "Licensed health care professional" means a
30 physician licensed to practice medicine in all of its
31 branches under the Medical Practice Act of 1987, a
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1 podiatric physician licensed under the Podiatric Medical
2 Practice Act of 1987, a physician assistant licensed
3 under the Physician Assistant Practice Act of 1987, a
4 registered nurse or practical nurse licensed under the
5 Illinois Nursing Act of 1987, a dentist licensed under
6 the Illinois Dental Practice Act, or a pharmacist
7 licensed under the Pharmacy Practice Act of 1987.
8 (iii) "Suicide" means the act or instance of taking
9 one's own life voluntarily and intentionally.
10 (b) Sentence. Inducement to commit suicide under
11 paragraph (a)(1) when the other person commits suicide as a
12 direct result of the coercion is a Class 2 felony. Inducement
13 to commit suicide under paragraph (a)(2) when the other
14 person commits suicide or attempts to commit suicide as a
15 direct result of the assistance provided is a Class 4 felony.
16 Inducement to commit suicide under paragraph (a)(1) when the
17 other person attempts to commit suicide as a direct result of
18 the coercion is a Class 3 felony. Inducement to commit
19 suicide under paragraph (a)(2) when the other person attempts
20 to commit suicide as a direct result of the assistance
21 provided is a Class A misdemeanor.
22 (c) The lawful compliance or a good-faith attempt at
23 lawful compliance with the Illinois Living Will Act, the
24 Health Care Surrogate Act, or the Powers of Attorney for
25 Health Care Law is not inducement to commit suicide under
26 paragraph (a)(2) of this Section.
27 (d) A licensed health care professional who administers,
28 prescribes, or dispenses medications or procedures to relieve
29 another person's pain or discomfort, even if the medication
30 or procedure may hasten or increase the risk of death, is not
31 inducement to commit suicide under paragraph (a)(2) of this
32 Section unless the medications or procedures are knowingly
33 administered, prescribed, or dispensed to cause death.
34 (e) A cause of action for injunctive relief may be
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1 maintained against any person who is reasonably believed to
2 be about to violate or who is in the course of violating
3 subsection (a) by any person who is:
4 (1) The spouse, parent, child, or sibling of the
5 person who would commit suicide.
6 (2) Entitled to inherit from the person who would
7 commit suicide.
8 (3) A health care provider of the person who would
9 commit suicide.
10 (4) The Attorney General or the State's Attorney of
11 the county in which the violation is believed to be about
12 to occur or in which the violation is occurring.
13 (f) A person entitled to obtain injunctive relief under
14 subsection (e), other than the Attorney General or State's
15 Attorney, may seek compensatory or punitive damages in a
16 civil action brought against a licensed health care
17 professional or other individual who violates or attempts to
18 violate subsection (a) of this Section, whether or not the
19 person bringing the civil action consented or had prior
20 knowledge of the violation. If the person prevails in the
21 civil action, he or she shall be awarded reasonable
22 attorney's fees.
23 (Source: P.A. 87-1167; 88-392.)