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Public Act 095-0467
Public Act 0467 95TH GENERAL ASSEMBLY
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Public Act 095-0467
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| HB0508 Enrolled |
LRB095 04052 DRH 24090 b |
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| 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.
| (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)
subsection (c) 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
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. 93-682, eff. 1-1-05.)
| Section 10. The Criminal Code of 1961 is amended by | changing Section 9-3 as follows:
| (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
| Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
| (a) A person who unintentionally kills an individual | without lawful
justification commits involuntary manslaughter | if his acts whether lawful
or unlawful which cause the death | are such as are likely to cause death or
great bodily harm to | some individual, and he performs them recklessly,
except in | cases in which the cause of the death consists of the driving | of
a motor vehicle or operating a snowmobile, all-terrain | vehicle, or watercraft,
in which case the person commits |
| reckless homicide. A person commits reckless homicide if he or | she unintentionally kills an individual while driving a vehicle | and using an incline in a roadway, such as a railroad crossing, | bridge
approach, or hill, to cause the vehicle to become | airborne.
| (b) (Blank).
| (c) (Blank).
| (d) Sentence.
| (1) Involuntary manslaughter is a Class 3 felony.
| (2) Reckless homicide is a Class 3 felony.
| (e) (Blank). | (e-2) Except as provided in subsection (e-3), in cases | involving reckless homicide in which the offense is committed | upon a public thoroughfare where children pass going to and | from school when a school crossing guard is performing official | duties, the penalty is a Class 2 felony, for which a
person, if | sentenced to a term of imprisonment, shall be sentenced to a | term of
not less than 3 years and not more than 14 years. | (e-3) In cases involving reckless homicide in which (i) the | offense is committed upon a public thoroughfare where children | pass going to and from school when a school crossing guard is | performing official duties and (ii) the defendant causes the | deaths of 2 or more persons as part of a single course of | conduct, the penalty is a Class 2 felony, for which a
person, | if sentenced to a term of imprisonment, shall be sentenced to a | term of
not less than 6 years and not more than 28 years.
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| (e-5) (Blank).
| (e-7) Except as otherwise provided in subsection (e-8), in | cases involving
reckless homicide in which the defendant was
| driving in a construction or maintenance zone, as defined in | Section 11-605
of the Illinois Vehicle Code,
the penalty is a | Class 2 felony, for which a
person, if sentenced to a term of | imprisonment, shall be sentenced to a term of
not less than 3 | years and not more than 14 years.
| (e-8) In cases involving reckless homicide in which the | defendant was
driving in a construction or maintenance zone, as | defined in Section 11-605
of the Illinois Vehicle Code, and | caused the deaths of 2 or more persons as
part of a single | course of conduct,
the penalty is a Class 2 felony, for which a
| person, if sentenced to a term of imprisonment, shall be | sentenced to a term of
not less than 6 years and not more than | 28 years.
| (e-9) In cases involving reckless homicide in which the | defendant drove a vehicle and used an incline in a roadway, | such as a railroad crossing, bridge
approach, or hill, to cause | the vehicle to become airborne, and caused the deaths of 2 or | more persons as
part of a single course of conduct,
the penalty | is a Class 2 felony.
| (f) In cases involving involuntary manslaughter in which | the victim was a
family or household member as defined in | paragraph (3) of Section 112A-3 of the
Code of
Criminal | Procedure of 1963, the penalty shall be a Class 2 felony, for |
| which a
person if sentenced to a term of imprisonment, shall be | sentenced to a term of
not less than 3 years and not more than | 14 years.
| (Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, | eff. 7-18-03; 93-682, eff. 1-1-05.)
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Effective Date: 6/1/2008
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