HB5302 98TH GENERAL ASSEMBLY

LRB098 17710 RLC 52825 b

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.

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) As used in this Section, "unborn child" means any individual of the human species from fertilization until birth.

(b) A person commits drug-induced homicide of an unborn child if:

(1) the person violates Section 401 of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act 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.

(c) Sentence. Drug-induced homicide of an unborn child is a Class X felony, except a person who commits drug-induced homicide of an unborn child by violating subsection (a) or subsection (c) of Section 401 of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act commits a Class X felony 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.

Section 99. Effective date. This Act takes effect upon becoming law.