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Illinois Drug-Induced Homicide of an ‘Unborn Child’ Bill (HB 4493)

This law was last updated on Feb 24, 2018

This law is Anti–Choice




HB 4493




Jan 31, 2018


Primary Sponsors: 1
Co-sponsors: 1
Total Sponsors: 2


Fetal Homicide, Substance Abuse During Pregnancy

Full Bill Text

HB 4493 would create the offense of drug-induced homicide of an “unborn child.” The offense would make it a felony when a person, without lawful justification, knowingly injects or knowingly causes injection, inhalation, absorption, or ingestion of any amount of a prescription drug, over-the-counter drug, controlled substance, or methamphetamine that causes the death of an “unborn child.”

The bill provides exemptions for:

  • acts which cause the death of an “unborn child” if those acts were committed during any lawful abortion, to which the pregnant person has consented;
  • acts which were committed under usual and customary standards of medical practice during diagnostic testing or therapeutic treatment; or
  • the use of a drug according to the direction of a physician or in accordance with the directions written on the drug label.

The drug-induced homicide of an “unborn child” would be a Class X felony. In Illinois, a Class X felony carries a mandatory minimum sentence of six years and a maximum sentence of 30 years.


Primary Sponsor