Public Act 095-0551
 		





HB0845 Enrolled
LRB095 08430 RLC 28605 b






    AN ACT concerning criminal law.

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


 
    Section 5. 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-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.

    (e-10) In cases involving involuntary manslaughter or 
reckless homicide resulting in the death of a peace officer 
killed in the performance of his or her duties as a peace 
officer, 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.)