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91_HB0881eng
HB0881 Engrossed LRB9103131RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 9-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 9-3 as follows:
7 (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
8 Sec. 9-3. Involuntary Manslaughter and Reckless
9 Homicide.
10 (a) A person who unintentionally kills an individual
11 without lawful justification commits involuntary manslaughter
12 if his acts whether lawful or unlawful which cause the death
13 are such as are likely to cause death or great bodily harm to
14 some individual, and he performs them recklessly, except in
15 cases in which the cause of the death consists of the driving
16 of a motor vehicle, in which case the person commits reckless
17 homicide.
18 (b) In cases involving reckless homicide, being under
19 the influence of alcohol or any other drug or drugs at the
20 time of the alleged violation shall be presumed to be
21 evidence of a reckless act unless disproved by evidence to
22 the contrary.
23 (b-5) In cases involving reckless homicide, operation of
24 a motor vehicle that results in a collision with a railroad
25 train or a violation of Section 11-1201 of the Illinois
26 Vehicle Code shall be presumed to be evidence of a reckless
27 act unless disproved by evidence to the contrary.
28 (c) For the purposes of this Section, a person shall be
29 considered to be under the influence of alcohol or other
30 drugs while:
31 1. The alcohol concentration in the person's blood
HB0881 Engrossed -2- LRB9103131RCks
1 or breath is 0.08 or more based on the definition of
2 blood and breath units in Section 11-501.2 of the
3 Illinois Vehicle Code;
4 2. Under the influence of alcohol to a degree that
5 renders the person incapable of safely driving;
6 3. Under the influence of any other drug or
7 combination of drugs to a degree that renders the person
8 incapable of safely driving; or
9 4. Under the combined influence of alcohol and any
10 other drug or drugs to a degree which renders the person
11 incapable of safely driving.
12 (d) Sentence.
13 (1) Involuntary manslaughter is a Class 3 felony.
14 (2) Reckless homicide is a Class 3 felony.
15 (e) In cases involving reckless homicide in which the
16 defendant was determined to have been under the influence of
17 alcohol or any other drug or drugs as an element of the
18 offense, or in cases in which the defendant is proven beyond
19 a reasonable doubt to have been under the influence of
20 alcohol or any other drug or drugs, the penalty shall be a
21 Class 2 felony, for which a person, if sentenced to a term of
22 imprisonment, shall be sentenced to a term of not less than 3
23 years and not more than 14 years.
24 (e-5) In cases involving reckless homicide in which 2 or
25 more persons are killed as the result of a collision between
26 a motor vehicle and a railroad train, the penalty is a Class
27 2 felony.
28 (f) In cases involving involuntary manslaughter in which
29 the victim was a family or household member as defined in
30 paragraph (3) of Section 112A-3 of the Code of Criminal
31 Procedure of 1963, the penalty shall be a Class 2 felony, for
32 which a person if sentenced to a term of imprisonment, shall
33 be sentenced to a term of not less than 3 years and not more
34 than 14 years.
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1 (Source: P.A. 90-43, eff. 7-2-97; 90-119, eff. 1-1-98;
2 90-655, eff. 7-30-98.)
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