HB5271 103RD GENERAL ASSEMBLY

LRB103 37570 RLC 67696 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5271

Introduced 2/9/2024, by Rep. Stephanie A. Kifowit

SYNOPSIS AS INTRODUCED:

720 ILCS 5/6-3

from Ch. 38, par. 6-3

Amends the Criminal Code of 2012. Provides that evidence of a defendant's voluntary intoxication is not admissible for the purpose of negating the defendant's mens rea, nor shall any such argument to the trier of fact be permitted. Provides that if evidence of the defendant's intoxication, either voluntary or involuntary, is admitted, the trier of fact shall be instructed that voluntary intoxication is not a defense to the crime charged.

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 changing Section 6-3 as follows:

(720 ILCS 5/6-3) (from Ch. 38, par. 6-3)

Sec. 6-3. Intoxicated or drugged condition.

(a) A person who is in an intoxicated or drugged condition is criminally responsible for conduct unless such condition is involuntarily produced and deprives him of substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.

(b) Evidence of a defendant's voluntary intoxication is not admissible for the purpose of negating the defendant's mens rea, nor shall any such argument to the trier of fact be permitted. If evidence of the defendant's intoxication, either voluntary or involuntary, is admitted, the trier of fact shall be instructed that voluntary intoxication is not a defense to the crime charged.

(Source: P.A. 92-466, eff. 1-1-02.)