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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.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 11-503 as follows:
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(625 ILCS 5/11-503) (from Ch. 95 1/2, par. 11-503)
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Sec. 11-503. Reckless driving; aggravated reckless |
driving.
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(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.
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(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.
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(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.
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(c) Every person convicted of committing a violation of |
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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.
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(Source: P.A. 93-682, eff. 1-1-05.)
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Section 10. The Criminal Code of 1961 is amended by |
changing Section 9-3 as follows:
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(720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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(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 |
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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.
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(b) (Blank).
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(c) (Blank).
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(d) Sentence.
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(1) Involuntary manslaughter is a Class 3 felony.
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(2) Reckless homicide is a Class 3 felony.
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(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).
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(e-7) Except as otherwise provided in subsection (e-8), in |
cases involving
reckless homicide in which the defendant was
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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.
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(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
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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-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.
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(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 |