IL
Illinois House Bill HB4151

Illinois 2023-2024 Regular Session

Illinois House Bill HB4151

Introduced
9/28/23  
Refer
10/18/23  
Introduced
9/28/23  

Caption

FENTANYL-RELATED ENDANGERMENT

Impact

If enacted, HB4151 would significantly impact state laws regarding child protection and substance-related crimes. By categorizing fentanyl exposure as a criminal offense with strict penalties, this bill aims to deter negligent behaviors that could jeopardize children's health and safety. The introduction of these offenses highlights the state’s commitment to address the influential role of opioids in child health crises, reflecting a broader legislative effort to combat the opioid epidemic. It also presents an important legal framework for prosecuting individuals who recklessly endanger children with drugs, setting a precedent for holding accountable those who endanger young lives through substance abuse related actions.

Summary

House Bill 4151, introduced by Rep. Patrick Windhorst, seeks to amend the Criminal Code of 2012 by establishing the offense of fentanyl-related child endangerment. This new legislation is prompted by increasing concerns surrounding children’s exposure to fentanyl, a potent synthetic opioid. Under the provisions of the bill, a person is deemed to have committed fentanyl-related child endangerment if they knowingly or recklessly expose a child under the age of 18 to fentanyl, including allowing consumption of the drug. A violation of this provision is classified as a Class 2 felony. Furthermore, the bill creates an aggravated offense specifically for cases where a child suffers death, serious bodily harm, disability, or disfigurement resulting from such exposure, with penalties escalating to a Class X felony, carrying a prison sentence of 6 to 30 years and potential fines up to $100,000.

Contention

Notably, HB4151 includes provisions that clarify that exposure to fentanyl administered by healthcare professionals for medical treatment does not constitute endangerment, indicating a recognition of legitimate medical practices. However, issues of enforcement and interpretation may arise in cases involving familial relationships and the nuances of fentanyl use in a domestic context. The bill may prompt discussions about the balance between protecting children and potentially criminalizing parents or guardians struggling with substance abuse, leading to debates on the sufficiency of existing social services to address such complex situations.

Latest HB4151 Activity

Companion Bills

No companion bills found.

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