Rep. Edward J. Acevedo

Filed: 4/26/2007

 

 


 

 


 
09500HB2758ham001 LRB095 00952 RLC 35593 a

1
AMENDMENT TO HOUSE BILL 2758

2     AMENDMENT NO. ______. Amend House Bill 2758 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Criminal Code of 1961 is amended by
5 changing Sections 9-3 and 12-2 as follows:
 
6     (720 ILCS 5/9-3)  (from Ch. 38, par. 9-3)
7     Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
8     (a) A person who unintentionally kills an individual
9 without lawful justification commits involuntary manslaughter
10 if his acts whether lawful or unlawful which cause the death
11 are such as are likely to cause death or great bodily harm to
12 some individual, and he performs them recklessly, except in
13 cases in which the cause of the death consists of the driving
14 of a motor vehicle or operating a snowmobile, all-terrain
15 vehicle, or watercraft, in which case the person commits
16 reckless homicide. A person commits reckless homicide if he or

 

 

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1 she unintentionally kills an individual while driving a vehicle
2 and using an incline in a roadway, such as a railroad crossing,
3 bridge approach, or hill, to cause the vehicle to become
4 airborne.
5     (b) (Blank).
6     (c) (Blank).
7     (d) Sentence.
8         (1) Involuntary manslaughter is a Class 3 felony.
9         (2) Reckless homicide is a Class 3 felony.
10     (e) (Blank).
11     (e-5) (Blank).
12     (e-7) Except as otherwise provided in subsection (e-8), in
13 cases involving reckless homicide in which the defendant: (1)
14 was driving in a construction or maintenance zone, as defined
15 in Section 11-605 of the Illinois Vehicle Code, or (2) was
16 operating a vehicle while willfully failing or refusing to
17 comply with any lawful order or direction of any authorized
18 police officer or traffic control aide engaged in traffic
19 control, the penalty is a Class 2 felony, for which a person,
20 if sentenced to a term of imprisonment, shall be sentenced to a
21 term of not less than 3 years and not more than 14 years.
22     (e-8) In cases involving reckless homicide in which the
23 defendant caused the deaths of 2 or more persons as part of a
24 single course of conduct and: (1) was driving in a construction
25 or maintenance zone, as defined in Section 11-605 of the
26 Illinois Vehicle Code, or (2) was operating a vehicle while

 

 

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1 willfully failing or refusing to comply with any lawful order
2 or direction of any authorized police officer or traffic
3 control aide engaged in traffic control and caused the deaths
4 of 2 or more persons as part of a single course of conduct, the
5 penalty is a Class 2 felony, for which a person, if sentenced
6 to a term of imprisonment, shall be sentenced to a term of not
7 less than 6 years and not more than 28 years.
8     (e-9) In cases involving reckless homicide in which the
9 defendant drove a vehicle and used an incline in a roadway,
10 such as a railroad crossing, bridge approach, or hill, to cause
11 the vehicle to become airborne, and caused the deaths of 2 or
12 more persons as part of a single course of conduct, the penalty
13 is a Class 2 felony.
14     (f) In cases involving involuntary manslaughter in which
15 the victim was a family or household member as defined in
16 paragraph (3) of Section 112A-3 of the Code of Criminal
17 Procedure of 1963, the penalty shall be a Class 2 felony, for
18 which a person if sentenced to a term of imprisonment, shall be
19 sentenced to a term of not less than 3 years and not more than
20 14 years.
21 (Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213,
22 eff. 7-18-03; 93-682, eff. 1-1-05.)
 
23     (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
24     Sec. 12-2. Aggravated assault.
25     (a) A person commits an aggravated assault, when, in

 

 

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1 committing an assault, he:
2         (1) Uses a deadly weapon or any device manufactured and
3     designed to be substantially similar in appearance to a
4     firearm, other than by discharging a firearm in the
5     direction of another person, a peace officer, a person
6     summoned or directed by a peace officer, a correctional
7     officer or a fireman or in the direction of a vehicle
8     occupied by another person, a peace officer, a person
9     summoned or directed by a peace officer, a correctional
10     officer or a fireman while the officer or fireman is
11     engaged in the execution of any of his official duties, or
12     to prevent the officer or fireman from performing his
13     official duties, or in retaliation for the officer or
14     fireman performing his official duties;
15         (2) Is hooded, robed or masked in such manner as to
16     conceal his identity or any device manufactured and
17     designed to be substantially similar in appearance to a
18     firearm;
19         (3) Knows the individual assaulted to be a teacher or
20     other person employed in any school and such teacher or
21     other employee is upon the grounds of a school or grounds
22     adjacent thereto, or is in any part of a building used for
23     school purposes;
24         (4) Knows the individual assaulted to be a supervisor,
25     director, instructor or other person employed in any park
26     district and such supervisor, director, instructor or

 

 

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1     other employee is upon the grounds of the park or grounds
2     adjacent thereto, or is in any part of a building used for
3     park purposes;
4         (5) Knows the individual assaulted to be a caseworker,
5     investigator, or other person employed by the Department of
6     Healthcare and Family Services (formerly State Department
7     of Public Aid), a County Department of Public Aid, or the
8     Department of Human Services (acting as successor to the
9     Illinois Department of Public Aid under the Department of
10     Human Services Act) and such caseworker, investigator, or
11     other person is upon the grounds of a public aid office or
12     grounds adjacent thereto, or is in any part of a building
13     used for public aid purposes, or upon the grounds of a home
14     of a public aid applicant, recipient or any other person
15     being interviewed or investigated in the employees'
16     discharge of his duties, or on grounds adjacent thereto, or
17     is in any part of a building in which the applicant,
18     recipient, or other such person resides or is located;
19         (6) Knows the individual assaulted to be a peace
20     officer, or a community policing volunteer, or a fireman
21     while the officer or fireman is engaged in the execution of
22     any of his official duties, or to prevent the officer,
23     community policing volunteer, or fireman from performing
24     his official duties, or in retaliation for the officer,
25     community policing volunteer, or fireman performing his
26     official duties, and the assault is committed other than by

 

 

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1     the discharge of a firearm in the direction of the officer
2     or fireman or in the direction of a vehicle occupied by the
3     officer or fireman;
4         (7) Knows the individual assaulted to be an emergency
5     medical technician - ambulance, emergency medical
6     technician - intermediate, emergency medical technician -
7     paramedic, ambulance driver or other medical assistance or
8     first aid personnel engaged in the execution of any of his
9     official duties, or to prevent the emergency medical
10     technician - ambulance, emergency medical technician -
11     intermediate, emergency medical technician - paramedic,
12     ambulance driver, or other medical assistance or first aid
13     personnel from performing his official duties, or in
14     retaliation for the emergency medical technician -
15     ambulance, emergency medical technician - intermediate,
16     emergency medical technician - paramedic, ambulance
17     driver, or other medical assistance or first aid personnel
18     performing his official duties;
19         (8) Knows the individual assaulted to be the driver,
20     operator, employee or passenger of any transportation
21     facility or system engaged in the business of
22     transportation of the public for hire and the individual
23     assaulted is then performing in such capacity or then using
24     such public transportation as a passenger or using any area
25     of any description designated by the transportation
26     facility or system as a vehicle boarding, departure, or

 

 

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1     transfer location;
2         (9) Or the individual assaulted is on or about a public
3     way, public property, or public place of accommodation or
4     amusement;
5         (9.5) Is, or the individual assaulted is, in or about a
6     publicly or privately owned sports or entertainment arena,
7     stadium, community or convention hall, special event
8     center, amusement facility, or a special event center in a
9     public park during any 24-hour period when a professional
10     sporting event, National Collegiate Athletic Association
11     (NCAA)-sanctioned sporting event, United States Olympic
12     Committee-sanctioned sporting event, or International
13     Olympic Committee-sanctioned sporting event is taking
14     place in this venue;
15         (10) Knows the individual assaulted to be an employee
16     of the State of Illinois, a municipal corporation therein
17     or a political subdivision thereof, engaged in the
18     performance of his authorized duties as such employee;
19         (11) Knowingly and without legal justification,
20     commits an assault on a physically handicapped person;
21         (12) Knowingly and without legal justification,
22     commits an assault on a person 60 years of age or older;
23         (13) Discharges a firearm;
24         (14) Knows the individual assaulted to be a
25     correctional officer, while the officer is engaged in the
26     execution of any of his or her official duties, or to

 

 

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1     prevent the officer from performing his or her official
2     duties, or in retaliation for the officer performing his or
3     her official duties;
4         (15) Knows the individual assaulted to be a
5     correctional employee or an employee of the Department of
6     Human Services supervising or controlling sexually
7     dangerous persons or sexually violent persons, while the
8     employee is engaged in the execution of any of his or her
9     official duties, or to prevent the employee from performing
10     his or her official duties, or in retaliation for the
11     employee performing his or her official duties, and the
12     assault is committed other than by the discharge of a
13     firearm in the direction of the employee or in the
14     direction of a vehicle occupied by the employee;
15         (16) Knows the individual assaulted to be an employee
16     of a police or sheriff's department, or a person who is
17     employed by a municipality and whose duties include traffic
18     control, engaged in the performance of his or her official
19     duties as such employee; or
20         (17) Knows the individual assaulted to be a sports
21     official or coach at any level of competition and the act
22     causing the assault to the sports official or coach
23     occurred within an athletic facility or an indoor or
24     outdoor playing field or within the immediate vicinity of
25     the athletic facility or an indoor or outdoor playing field
26     at which the sports official or coach was an active

 

 

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1     participant in the athletic contest held at the athletic
2     facility. For the purposes of this paragraph (17), "sports
3     official" means a person at an athletic contest who
4     enforces the rules of the contest, such as an umpire or
5     referee; and "coach" means a person recognized as a coach
6     by the sanctioning authority that conducted the athletic
7     contest; or .
8         (18) Knows the individual assaulted to be an emergency
9     management worker, while the emergency management worker
10     is engaged in the execution of any of his or her official
11     duties, or to prevent the emergency management worker from
12     performing his or her official duties, or in retaliation
13     for the emergency management worker performing his or her
14     official duties, and the assault is committed other than by
15     the discharge of a firearm in the direction of the
16     emergency management worker or in the direction of a
17     vehicle occupied by the emergency management worker.
18     (a-5) A person commits an aggravated assault when he or she
19 knowingly and without lawful justification shines or flashes a
20 laser gunsight or other laser device that is attached or
21 affixed to a firearm, or used in concert with a firearm, so
22 that the laser beam strikes near or in the immediate vicinity
23 of any person.
24     (b) Sentence.
25     Aggravated assault as defined in paragraphs (1) through (5)
26 and (8) through (12) and (17) of subsection (a) of this Section

 

 

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1 is a Class A misdemeanor. Aggravated assault as defined in
2 paragraphs (13), (14), and (15) of subsection (a) of this
3 Section and as defined in subsection (a-5) of this Section is a
4 Class 4 felony. Aggravated assault as defined in paragraphs
5 (6), (7), (16), and (18) of subsection (a) of this Section is a
6 Class A misdemeanor if a firearm is not used in the commission
7 of the assault. Aggravated assault as defined in paragraphs
8 (6), (7), (16), and (18) of subsection (a) of this Section is a
9 Class 4 felony if a firearm is used in the commission of the
10 assault.
11 (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482,
12 eff. 1-1-06; revised 12-15-05.)
 
13     Section 99. Effective date. This Act takes effect upon
14 becoming law.".