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| | SB0639 Engrossed | | LRB100 05440 SLF 15451 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. This Act may be referred to as the Evan Rushing |
5 | | Law. |
6 | | Section 5. The Criminal Code of 2012 is amended by changing |
7 | | Section 9-3.3 as follows:
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8 | | (720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)
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9 | | Sec. 9-3.3. Drug-induced homicide.
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10 | | (a) A person commits drug-induced homicide when he or she |
11 | | who violates Section
401 of
the Illinois Controlled Substances |
12 | | Act or Section 55 of the Methamphetamine Control and Community |
13 | | Protection Act by unlawfully delivering a controlled
substance |
14 | | to another, and any person's death is caused by the injection,
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15 | | inhalation, absorption, or ingestion of any amount of that |
16 | | controlled substance , commits the
offense of drug-induced |
17 | | homicide .
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18 | | (a-5) A person commits drug-induced homicide when he or she |
19 | | violates the law of another jurisdiction, which if the |
20 | | violation had been committed in this State could be charged |
21 | | under Section 401 of the Illinois Controlled Substances Act or |
22 | | Section 55 of the Methamphetamine Control and Community |
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| | SB0639 Engrossed | - 2 - | LRB100 05440 SLF 15451 b |
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1 | | Protection Act, by unlawfully delivering a controlled |
2 | | substance to another, and any person's death is caused in this |
3 | | State by the injection, inhalation, absorption, or ingestion of |
4 | | any amount of that controlled substance. |
5 | | (b) Sentence. Drug-induced homicide is a Class X felony , |
6 | | except: .
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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
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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.
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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. |