HB 108

Abstract

Felony homicide; certain drug offenses; penalties. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another person and such other person's use of the controlled substance results in his death, regardless of the time or place death occurred in relation to the commission of the underlying felony. The bill provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. The bill also provides that if a person gave or distributed a Schedule I or II controlled substance only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility, or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he is guilty of a Class 5 felony.

Felony homicide; certain drug offenses; penalties. Provides that a person is guilty of felony homicide, which constitutessecond degree murder and is punishable by confinement of not lessthan five nor more than 40 years, if the underlying felonious actthat resulted in the killing of another involved the manufacture,sale, gift, or distribution of a Schedule I or II controlled substanceto another and (i) such other person's death results from his useof the controlled substance and (ii) the controlled substance is the proximate cause of his death. The bill provides that venue fora prosecution of this crime shall lie in the locality where the underlyingfelony occurred, where the use of the controlled substance occurred,or where death occurred. The bill also provides that if a persongave or distributed a Schedule I or II controlled substance onlyas an accommodation to another individual who is not an inmate ina community correctional facility, local correctional facility, orstate correctional facility, or in the custody of an employee thereof,and not with intent to profit thereby from any consideration receivedor expected nor to induce the recipient of the controlled substanceto use or become addicted to or dependent upon such controlled substance,he is guilty of a Class 5 felony.