Bill Text: IL SB0639 | 2017-2018 | 100th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Code of 2012. Allows a drug-induced homicide prosecution when a person violates the law of another jurisdiction, which if the violation had been committed in this State could be charged under 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 another, and any person's death is caused in this State by the injection, inhalation, absorption, or ingestion of any amount of that controlled substance. Provides that the bill may be referred to as the Evan Rushing Law.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0404 [SB0639 Detail]

Download: Illinois-2017-SB0639-Enrolled.html



SB0639 EnrolledLRB100 05440 SLF 15451 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 1. This Act may be referred to as the Evan Rushing
5Law.
6 Section 5. The Criminal Code of 2012 is amended by changing
7Section 9-3.3 as follows:
8 (720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)
9 Sec. 9-3.3. Drug-induced homicide.
10 (a) A person commits drug-induced homicide when he or she
11who violates Section 401 of the Illinois Controlled Substances
12Act or Section 55 of the Methamphetamine Control and Community
13Protection Act by unlawfully delivering a controlled substance
14to another, and any person's death is caused by the injection,
15inhalation, absorption, or ingestion of any amount of that
16controlled substance, commits the offense of drug-induced
17homicide.
18 (a-5) A person commits drug-induced homicide when he or she
19violates the law of another jurisdiction, which if the
20violation had been committed in this State could be charged
21under Section 401 of the Illinois Controlled Substances Act or
22Section 55 of the Methamphetamine Control and Community

SB0639 Enrolled- 2 -LRB100 05440 SLF 15451 b
1Protection Act, by unlawfully delivering a controlled
2substance to another, and any person's death is caused in this
3State by the injection, inhalation, absorption, or ingestion of
4any amount of that controlled substance.
5 (b) Sentence. Drug-induced homicide is a Class X felony,
6except: .
7 (1) (c) A person who commits drug-induced homicide by
8 violating subsection (a) or subsection (c) of Section 401
9 of the Illinois Controlled Substances Act or Section 55 of
10 the Methamphetamine Control and Community Protection Act
11 commits a Class X felony for which the defendant shall in
12 addition to a sentence authorized by law, be sentenced to a
13 term of imprisonment of not less than 15 years and not more
14 than 30 years or an extended term of not less than 30 years
15 and not more than 60 years.
16 (2) A person who commits drug-induced homicide by
17 violating the law of another jurisdiction, which if the
18 violation had been committed in this State could be charged
19 under subsection (a) or subsection (c) of Section 401 of
20 the Illinois Controlled Substances Act or Section 55 of the
21 Methamphetamine Control and Community Protection Act,
22 commits a Class X felony for which the defendant shall, in
23 addition to a sentence authorized by law, be sentenced to a
24 term of imprisonment of not less than 15 years and not more
25 than 30 years or an extended term of not less than 30 years
26 and not more than 60 years.

SB0639 Enrolled- 3 -LRB100 05440 SLF 15451 b
1(Source: P.A. 97-191, eff. 7-22-11.)
feedback