HB3045 104TH GENERAL ASSEMBLY

LRB104 08602 RLC 18654 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3045

Introduced 2/6/2025, 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 mental state, nor shall any such argument to the trier of fact be permitted. Provides that evidence of a defendant's voluntary intoxication is admissible for any other relevant purpose. 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 mental state, nor shall any such argument to the trier of fact be permitted. However, evidence of a defendant's voluntary intoxication is admissible for any other relevant purpose. 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.)