93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6885


 
Introduced 02/09/04, by John J. Millner
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/9-3
  from Ch. 38, par. 9-3







    Amends the Criminal Code of 1961.  Provides that in cases of involuntary manslaughter when the victim was 12 years of age or younger, the penalty is a Class 2 felony for which the defendant may be sentenced to a term of imprisonment of not less than 3 years and not more than 14 years.
















LRB093 18448 RLC 44159 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB6885

LRB093 18448 RLC 44159 b






1
    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 9-3 as follows:
 



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    (720 ILCS 5/9-3)  (from Ch. 38, par. 9-3)



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    (Text of Section before amendment by P.A. 93-178)

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    Sec. 9-3. Involuntary Manslaughter and Reckless Homicide. 

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    (a) A person who unintentionally kills an individual 
10
without lawful
justification commits involuntary manslaughter 
11
if his acts whether lawful
or unlawful which cause the death 
12
are such as are likely to cause death or
great bodily harm to 
13
some individual, and he performs them recklessly,
except in 
14
cases in which the cause of the death consists of the driving 
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of
a motor vehicle or operating a snowmobile, all-terrain 
16
vehicle, or watercraft,
in which case the person commits 
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reckless homicide.

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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).

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    (e-5) (Blank).

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    (f) In cases involving involuntary manslaughter in which 
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the victim was a
family or household member as defined in 
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paragraph (3) of Section 112A-3 of the
Code of
Criminal 
28
Procedure of 1963, the penalty shall be a Class 2 felony, for 
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which a
person if sentenced to a term of imprisonment, shall be 
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sentenced to a term of
not less than 3 years and not more than 
31
14 years.

32
(Source: P.A. 92-16, eff. 6-28-01; 93-213, eff. 7-18-03.)

 

 


 






HB6885
- 2 -
LRB093 18448 RLC 44159 b




1
    (Text of Section after amendment by P.A. 93-178)

2
    Sec. 9-3. Involuntary Manslaughter and Reckless Homicide. 

3
    (a) A person who unintentionally kills an individual 
4
without lawful
justification commits involuntary manslaughter 
5
if his acts whether lawful
or unlawful which cause the death 
6
are such as are likely to cause death or
great bodily harm to 
7
some individual, and he performs them recklessly,
except in 
8
cases in which the cause of the death consists of the driving 
9
of
a motor vehicle or operating a snowmobile, all-terrain 
10
vehicle, or watercraft,
in which case the person commits 
11
reckless homicide.

12
    (b) (Blank).

13
    (c) (Blank).

14
    (d) Sentence.


15
        (1) Involuntary manslaughter is a Class 3 felony.


16
        (2) Reckless homicide is a Class 3 felony.

17
    (e) (Blank). subsections, (e-7), and (e-8)

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    (e-5) (Blank).

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    (e-7) Except as otherwise provided in subsection (e-8), in 
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cases involving
reckless homicide in which the defendant was

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driving in a construction or maintenance zone, as defined in 
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Section 11-605
of the Illinois Vehicle Code,
the penalty is a 
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Class 2 felony, for which a
person, if sentenced to a term of 
24
imprisonment, shall be sentenced to a term of
not less than 3 
25
years and not more than 14 years.

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    (e-8) In cases involving reckless homicide in which the 
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defendant was
driving in a construction or maintenance zone, as 
28
defined in Section 11-605
of the Illinois Vehicle Code, and 
29
caused the deaths of 2 or more persons as
part of a single 
30
course of conduct,
the penalty is a Class 2 felony, for which a

31
person, if sentenced to a term of imprisonment, shall be 
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sentenced to a term of
not less than 6 years and not more than 
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28 years.

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    (f) In cases involving involuntary manslaughter in which 
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the victim was: (1) a
family or household member as defined in 
 


 






HB6885
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LRB093 18448 RLC 44159 b




1
paragraph (3) of Section 112A-3 of the
Code of
Criminal 
2
Procedure of 1963 or (2) 12 years of age or younger, the 
3
penalty shall be a Class 2 felony, for which a
person if 
4
sentenced to a term of imprisonment, shall be sentenced to a 
5
term of
not less than 3 years and not more than 14 years.

6
(Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, 
7
eff.
7-18-03; revised 7-28-03.)