What Is Drug-Induced Homicide in Illinois?

A person commits drug-induced homicide when he or she unlawfully delivers a controlled substance to another, and any person’s death is caused by the injection, inhalation, absorption, or ingestion of any amount of that controlled substance. 720 ILCS 5/9-3.3(a).

Is Drug-Induced Homicide A Misdemeanor or Felony?

Drug-Induced Homicide is a felony. 720 ILCS 5/9-3.3(b). A felony is a crime that is punishable by more than 1 year of imprisonment.

What level felony is Drug-Induced Homicide?

Drug-Induced Homicide is a Class X Felony with a special sentencing range. 720 ILCS 5/9-3.3(b). The order of felonies in Illinois from most to least serious goes: Class X, followed by Class 1, Class 2, Class 3, and then Class 4. 

Do I Need a Lawyer if I am Charged with Drug-Induced Homicide?

Of Course!!! You should be represented by an attorney on any offense that can result in the loss of your freedom. This is a right guaranteed to you under the United States Constitution.

What if I Just Gave the Drug Away, and I Did Not Sell the Controlled Substance to the victim?

“A delivery may occur with or without the transfer or exchange of money, or with or without the transfer or exchange of other consideration.” Ill. Pattern Jury Instruction 17.05A and 720 ILCS 570/102(h).

What if I Did Not Actually Deliver the Drugs, But Just Left Them in a Location and Someone Picked Them Up from That Location?

“The word ‘deliver’ includes a constructive transfer of possession which occurs without an actual physical transfer. When the conduct or declarations of the person who has the right to exercise control over a thing is such as to effectively relinquish the right of control to another person, so that the other person is then in constructive possession, there has been a delivery.” Ill. Pattern Jury Instruction 17.05A and 720 ILCS 570/102(h).

Here is an example of a “constructive transfer of possession:” You left the drugs in your car, and you instructed someone that they can pick the drugs up from your car and leave the money. That person comes, takes the drugs, and leaves the money in your car. That would be a delivery of drugs.

Could I be charged with Drug-Induced Homicide if someone else delivered the drugs and I was not even there?

Yes! You could be charged with Drug-Induced Homicide if you are legally responsible for the actions of the other person who actually did the delivery. “A person is legally responsible for the conduct of another person when, either before or during the commission of an offense, and with the intent to promote or facilitate the commission of an offense, he knowingly solicits, aids, abets, agrees to aid, or attempts to aid the other person in the planning or commission of an offense.” 720 ILCS 5/5-2(c).

Here’s an example: I call you for $100 worth of Heroin, and you tell me to go to the train station because your cousin will bring me the drugs. Your cousin arrives at the train station, and he brings me exactly $100 worth of coke. I complete the deal with your cousin, return home, and die from using the drug. Since I coordinated the deal with you, and you directed your cousin to do the deal with me, you could be held responsible for drug-induced homicide.

Can I go to Prison? What Is the Sentencing Range for Drug-Induced Homicide?

Yes, Drug-Induced Homicide is a Class X Felony with a sentencing range of 6 to 30 years in the Illinois Department of Corrections. However, if you delivered a class X amount of a substance, this charge is punishable by 15 to 30 years in the Illinois Department of Corrections. 720 ILCS 5/9-3.3(b).

Can I Get Probation?

No. Drug-Induced Homicide is non-probationable. If found guilty of Drug-Induced Homicide, then you are subjected to a mandatory prison sentence. 730 ILCS 5/5-4.5-25(a).

Can I Get Court Supervision?

No. Court supervision is not a possible outcome in felony cases. 730 ILCS 5/5-6-1(c).

What Is the Extended Sentencing Range for Drug-Induced Homicide?

Under Illinois’ extended sentencing guidelines, if you have been convicted in the last 10 years of a felony, and that felony was of the same class or worse when compared to your current charge, then the maximum allowable sentence is doubled. 730 ILCS 5/5-5-3.2(b). That means that the extended sentencing range for Drug-Induced Homicide is 30 to 60 years in the Illinois Department of Corrections. 730 ILCS 5/5-4.5-25(a).

I Might Get Charged With Drug-Induced Homicide, What Should I Know Now?

One of the ways that police gather evidence is through the use of audio/video recording devices. If anyone (your girlfriend, your boyfriend, your cousin, your brother, ABSOLUTELY ANYONE) comes up to you saying “its crazy what happened to (victim)” do not talk about what happened. Even worse, if the police come to you asking you about the death of (victim), that is an evidence-gathering mission. You have the right to remain silent and the right to an attorney.

Another way that police gather evidence on Drug-Induced Homicide cases is through search warrants. If you found this Drug-Induced Homicide guide by search for it on your phone or computer, yikes!!! Police can get search warrants to see your browsing history. Although people may find this guide for a variety of reasons (i.e. a google search after watching something in the news/show, and educational purposes) you wouldn’t want a jury/officer/prosecutor to expect the worst.

What Percentage of Your Sentence Do You Serve for Drug-Induced Homicide?

Drug-Induced Homicide is an 75% sentence. Illinois Truth-in-Sentencing law states: “that a prisoner serving a sentence for … drug-induced homicide … shall receive no more than 7.5 days of sentence credit for each month of his or her sentence of imprisonment.” 730 ILCS 5/3-6-3(a)(2)(v). So if you received an imprisonment term of 20 years in the Illinois Department of Corrections, the most you would actually serve is 15 years assuming you do not receive any other credits.

How Long Is the Mandatory Supervised Release or Parole Period for a Drug-Induced Homicide?

Previously, a person sentenced to the Illinois Department of Corrections for Drug-Induced Homicide would have a Mandatory Supervised Release term of 3 years. That is no longer the case. The new mandatory supervised release term for Drug-Induced Homicide is 1.5 years. 730 ILCS 5/5-8-1(d)(1.5).

Can I Possess a Gun If I Am Convicted of Drug-Induced Homicide?

No. Illinois does not allow people convicted of a felony to possess firearms. 720 ILCS 5/24-1.1. I talk about the exceptions to that rule briefly in my Unlawful Possession of a Firearm by a Felon guide.

What Are The Most Common Drugs that People Sell in Illinois?

Here is a list of the most common controlled substances that people sell in Illinois:

• Alprazolam (Xanax)
• Cannabis (Weed)
• Cocaine
• Fentanyl
• Heroin
• Hydrocodone
• Lysergic acid diethylamide (LSD)
• Methadone
• Methamphetamine (Crystal Meth)
• Methylenedioxymethamphetamine (MDMA – Ecstasy)
• Oxycodone
• Phencyclidine (PCP)
• Psilocyn/Psilocybin (Mushrooms)
• Suboxone (buprenorphine)

What Happens If You Deliver Drugs Mixed with Fentanyl?

In Illinois, there is an additional penalty for dealing “dirty drugs” or drugs that have been mixed with fentanyl. The law states: “any person sentenced to a term of imprisonment [for delivering a controlled substance containing] any amount of fentanyl, 3 years shall be added to the term of imprisonment imposed by the court, and the maximum sentence for the offense shall be increased by 3 years.” 720 ILCS 570/401(b-1). So instead of the regular 15 to 30 years IDOC sentencing range, your new sentencing range is 18 to 33 years IDOC.

What to do if you or your friend is overdosing? Will the police arrest me or my friend for Drug-Induced Homicide?

Recently, Illinois enacted a law that gave people immunity from prosecution if you are seeking help for a drug overdose. 720 ILCS 570/414. That protection applies to both the person who is experiencing the overdose and the friend who is trying to save that person’s life. The goal of this law was to save lives by removing the one fear that makes most people not call the police (the fear of being arrested and charged with a crime). There are many conditions to this law so we will go over many of the things you should know.

What Crimes Does Illinois Drug Overdose Immunity cover?

If you call the police to save the life of someone who is overdosing, both you and that person who is overdosing are immune from the following offenses:

• Possession of a Controlled Substance (720 ILCS 570/402)
• Possession of Drug Paraphernalia (720 ILCS 600/3.5)
• Delivery of a Controlled Substance (720 ILCS 570/401)
• Aggravated Battery Caused by Delivery of a Controlled Substance (720 ILCS 5/12-3.05(g)(1))
• Possession with Intent to Deliver a Controlled Substance (720 ILCS 570/401)
• Manufacturing a Controlled Substance (720 ILCS 570/401)
• Possession of Methamphetamine (720 ILCS 646/60(a))
• Possession with Intent to Deliver Methamphetamine (720 ILCS 646/55(a))
• Delivery of Methamphetamine (720 ILCS 646/55(a))
• Drug Induced Homicide (720 ILCS 5/9-3.3)

What Crimes Are Not Covered By Illinois Drug Overdose Immunity?

If you call the police to seek help for someone who is actively overdosing, the Drug Overdose Immunity only applies to drug offenses. That means that the police can still prosecute you for non-drug related offenses. Those crimes include, but are not limited to:

• Gun Crimes (like Aggravated Unlawful Use of a Weapon or Unlawful Possession of a Weapon by a Felon)
• Theft Crimes (like Possession of Stolen Property or Possession of a Stolen Motor Vehicle)
• Property Crimes (like Criminal Damage to Property or Burglary)
• Identity Crimes (like Possession of a Fake I.D. or Obstructing Identification)
• Crimes Involving Police (like Resisting a Peace Officer or Eluding a Peace Officer)
• Violent Crimes (like Robbery or Vehicular Hijacking)

Does Illinois Drug Overdose Immunity have a drug weight limit?

Yes. The chart below has the type of substance and the maximum limit you can possess. That means that if you have an amount over that limit, then the immunity from prosecution does not apply:

Type of Drug	Drug Overdose Immunity Limits
Heroin	Less than 3 grams
Cocaine	Less than 3 grams
Morphine	Less than 3 grams
Peyote	Less than 40 grams
Barbituric Acid	Less than 40 grams
Amphetamines	Less than 40 grams
Lysergic Acid Diethylamide (LSD)	Less than 3 grams
Pentazocine	Less than 6 grams
Methaqualone	Less than 6 grams
Phencyclidine (PCP)	Less than 6 grams
Ketamine	Less than 6 grams
Narcotic Drug in Schedules I or II	Less than 40 grams

Why was I arrested if the Drug Overdose Immunity Applies?

There are three big reasons for this: 1) you are being prosecuted for a crime that is not covered by the Drug Overdose immunity; 2) the police officer and/or state’s attorney did not know about this immunity; or 3) evidence of the crime you committed was not acquired as a result of the person seeking or obtaining emergency medical assistance in the event of an overdose.

In the made-up scenario where you and a friend rob someone of their car using a firearm, get in a high-speed chase with the police and get away, go into an abandoned building to shoot up, and your friend has an overdose; the immunity to prosecution will only cover the small amount of drugs that you and your friend have left and any pipes/spoons/needles/baggies you used to take the drug. You can still be prosecuted for all that other bad stuff (i.e. armed robbery, possession of a stolen motor vehicle, aggravated fleeing and eluding, and criminal trespass.

Sometimes, however, police get it wrong. Police officers receive some legal training in the academy, but they are not lawyers. It is very possible that the officer did not know about this law, as it was passed very recently. An experienced Criminal Defense Lawyer can file a motion to dismiss if the drug overdose immunity applies in your case.

How To Keep a Drug-Induced Homicide Case Off Your Record?

There are several ways to keep a conviction for Drug-Induced Homicide off your criminal record. Here are some of the ways:

How to Win the Drug-Induced Homicide Case at Trial?

Challenge that the drug you delivered “caused” that victim’s death. People addicted to drugs are generally not loyal to one drug dealer. When they have an urge to get high, they’ll accept drugs from anyone who is willing to bring it to them. As a result, it is very difficult to know that drugs came from one source or another source. People purchasing and using drugs usually do so in private. The State would have to prove that your drugs, and not drugs that the person had from some other source, caused the death of the victim.

Challenge that you “delivered” the drugs. Delivery cases are great for the State when they engage in a controlled buy. These are purchases by a confidential source or an undercover peace officer that usually involve audio/video recording. But the purchaser in these cases never actually use the drugs that they bought. The drugs are usually stored in evidence to be tested and brought to court for trial. In Drug-Induced Homicide cases, there typically is no recording of the drug-sale transaction. The “I didn’t give him anything” defense may be a very good one in these cases.

How to Win the Drug-Induced Homicide Case at Motion?

In these types of cases, the police try to “interview” the defendant to find out what happened. This is not you friendly chat with your neighbor over the fence of your backyard. This is an evidence gathering mission! Exercise your right to remain silent and your right to a lawyer. #commonsense. #notlegaladvice. If you did talk to the police, a lawyer would have to review the circumstance to see if a motion could be filed.

How to Keep a Drug-Induced Homicide Conviction off Your Record with Drug Court (730 ILCS 166/20)?

Before you get too excited, Drug Court is not offered to people who commit Drug-Induced Homicide. You’ll need to first get a reduction and agreement from the State for Drug Court to even be a possibility. Drug Court is one of the most intensive programs available to help treat people who suffer from drug addiction. Any given week, a participant in drug court could have 7 different obligations (2 random drug test, court, probation meetings, NA/AA meetings, and medication-assisted treatments). Drug Court is definitely for the high risk/high need population, because it has one goal in mind: Until you conquer your addiction, nothing else matters. Everything (i.e. work, family, friends) takes a back seat to the program, or you’ll find yourself sitting in jail due to non-compliance. Despite how tough it is, it also has one of the best rewards available. Successful completion means that your case may be dismissed. That’s right, no criminal conviction at the end of the program is possible.

How to Keep a Drug-Induced Homicide Conviction off Your Record with Probation Under the Substance Use Disorder Act (Previously TASC Probation – 20 ILCS 301/40-10)?

Under the Substance Use Disorder Act (previously known as T.A.S.C.), a person can be sentenced to treatment as a condition of probation. Unlike First-time Drug Offender Probation and Second Chance Probation, a felony conviction does enter against people who receive this resolution. The good news, however, is that “upon successful fulfillment of the terms and conditions of probation the court shall discharge the person from probation. If the person has not previously been convicted of any felony offense and has not previously been granted a vacation of judgment under this Section, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her.” 20 ILCS 301/40-10(e).

How to Keep a Drug-Induced Homicide Conviction off Your Record with Diversion or Deferred Prosecution Programs?

Many counties have diversion or deferred prosecution programs which are alternatives to the criminal justice system. Essentially, you and the prosecutor enter into an agreement that if you comply with the terms of the program (which usually include treatment, classes, and/or community service) the case that brought you to court would be dismissed. If the prosecutor is offering a diversion program, accepting and complying with the program is almost always the best possible result.

How to Keep a Drug-Induced Homicide Conviction off Your Record with a Plea Agreement (Reduction on the Charge)?

Although rare, prosecutors sometimes clear backlogs and move cases by giving defendants “a bargain.” A reduction from Drug-Induced Homicide to Delivery of a Controlled Substance is a very good disposition. A reduction from Drug-Induced Homicide to Involuntary Manslaughter is also a very good disposition.

Other Drug Related Guides

If you are looking for information about:

• Delivery of a Controlled Substance or Possession with Intent to Deliver a Controlled Substance, then check out our guide to Delivery of a Controlled Substance cases in Illinois.
• Delivery of Methamphetamine, then check out our guide to Delivery of Methamphetamine cases in Illinois.
• Possession of a Controlled Substance, then check out our guide to Possession of a Controlled Substance cases in Illinois.
• Possession of Cannabis, then check out our guide to Possession of Cannabis cases in Illinois.
• Possession of Methamphetamine, then check out our guide to Possession of Methamphetamine cases in Illinois.

Hire Illinois Drug Criminal Defense Lawyer Clyde Guilamo

I offer this Illinois Drug-Induced Homicide guide as free legal education. #notlegaladvice. If you found this article helpful, then consider giving us a review on Google! And if you have specific questions about your case, give me a call.