Bill Text: IL HB5302 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5302 Detail]

Download: Illinois-2013-HB5302-Introduced.html

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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
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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

HB5302 - 2 - LRB098 17710 RLC 52825 b
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.