SB 602

Abstract

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 person and such other person's use of the controlled substanceresults in his death, regardless of the time or place death occurredin relation to the commission of the underlying felony. The bill provides that venue for a prosecution of this crime shall lie in thelocality where the underlying felony occurred, where the use of thecontrolled substance occurred, or where death occurred. The billalso provides that if a person gave or distributed a Schedule I orII controlled substance only as an accommodation to another individualwho is not an inmate in a community correctional facility, localcorrectional facility, or state correctional facility, or in thecustody of an employee thereof, and not with intent to profit therebyfrom any consideration received or expected nor to induce the recipientof the controlled substance to use or become addicted to or dependentupon such controlled substance, he is guilty of a Class 5 felony.