HB3810 101ST GENERAL ASSEMBLY

LRB101 11547 TAE 57448 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3810

Introduced 3/14/2019, by Rep. Maurice A. West, II

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-503

from Ch. 95 1/2, par. 11-503

Amends the Illinois Vehicle Code. Provides that, in cases where the person accused of reckless driving unintentionally caused a death or type A injury to another person, the trier of fact may infer that the defendant acted with a willful or wanton disregard for the safety of persons if the person is also found guilty of committing 3 or more violations of the Chapter concerning the Rules of the Road in causing the accident.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Section 11-503 as follows:

(625 ILCS 5/11-503) (from Ch. 95 1/2, par. 11-503)

Sec. 11-503. Reckless driving; aggravated reckless driving.

(a) A person commits reckless driving if he or she:

(1) drives any vehicle with a willful or wanton disregard for the safety of persons or property; or

(2) knowingly drives a vehicle and uses an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne.

(a-5) In cases where the person accused of reckless driving under this Section unintentionally caused a death or type A injury to another person, the trier of fact may infer that the defendant acted with a willful or wanton disregard for the safety of persons under paragraph (1) of subsection (a) of this Section if the person is also found guilty of committing 3 or more violations of Chapter 11 of this Code in causing the accident.

(b) Every person convicted of reckless driving shall be guilty of a Class A misdemeanor, except as provided under subsections (b-1), (c), and (d) of this Section.

(b-1) Except as provided in subsection (d), any person convicted of violating subsection (a), if the violation causes bodily harm to a child or a school crossing guard while the school crossing guard is performing his or her official duties, is guilty of a Class 4 felony.

(c) Every person convicted of committing a violation of subsection (a) shall be guilty of aggravated reckless driving if the violation results in great bodily harm or permanent disability or disfigurement to another. Except as provided in subsection (d) of this Section, aggravated reckless driving is a Class 4 felony.

(d) Any person convicted of violating subsection (a), if the violation causes great bodily harm or permanent disability or disfigurement to a child or a school crossing guard while the school crossing guard is performing his or her official duties, is guilty of aggravated reckless driving. Aggravated reckless driving under this subsection (d) is a Class 3 felony.

(Source: P.A. 95-467, eff. 6-1-08.)