Sen. Antonio Munoz
Filed: 5/17/2007
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1 | AMENDMENT TO HOUSE BILL 1641
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2 | AMENDMENT NO. ______. Amend House Bill 1641 on page 1, by | ||||||
3 | inserting immediately below line 3 the following:
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4 | "Section 2. The Criminal Code of 1961 is amended by | ||||||
5 | changing Sections 9-3 and 12-2 as follows:
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6 | (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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7 | Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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8 | (a) A person who unintentionally kills an individual | ||||||
9 | without lawful
justification commits involuntary manslaughter | ||||||
10 | if his acts whether lawful
or unlawful which cause the death | ||||||
11 | are such as are likely to cause death or
great bodily harm to | ||||||
12 | some individual, and he performs them recklessly,
except in | ||||||
13 | cases in which the cause of the death consists of the driving | ||||||
14 | of
a motor vehicle or operating a snowmobile, all-terrain | ||||||
15 | vehicle, or watercraft,
in which case the person commits | ||||||
16 | reckless homicide. A person commits reckless homicide if he or |
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1 | she unintentionally kills an individual while driving a vehicle | ||||||
2 | and using an incline in a roadway, such as a railroad crossing, | ||||||
3 | bridge
approach, or hill, to cause the vehicle to become | ||||||
4 | airborne.
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5 | (b) (Blank).
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6 | (c) (Blank).
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7 | (d) Sentence.
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8 | (1) Involuntary manslaughter is a Class 3 felony.
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9 | (2) Reckless homicide is a Class 3 felony.
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10 | (e) (Blank).
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11 | (e-5) (Blank).
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12 | (e-7) Except as otherwise provided in subsection (e-8), in | ||||||
13 | cases involving
reckless homicide in which the defendant : (1)
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14 | was
driving in a construction or maintenance zone, as defined | ||||||
15 | in Section 11-605
of the Illinois Vehicle Code , or (2) was | ||||||
16 | operating a vehicle while failing or refusing to comply with | ||||||
17 | any lawful order or direction of any authorized police officer | ||||||
18 | or traffic control aide engaged in traffic control ,
the penalty | ||||||
19 | is a Class 2 felony, for which a
person, if sentenced to a term | ||||||
20 | of imprisonment, shall be sentenced to a term of
not less than | ||||||
21 | 3 years and not more than 14 years.
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22 | (e-8) In cases involving reckless homicide in which the | ||||||
23 | defendant caused the deaths of 2 or more persons as part of a | ||||||
24 | single course of conduct and: (1) was
driving in a construction | ||||||
25 | or maintenance zone, as defined in Section 11-605
of the | ||||||
26 | Illinois Vehicle Code, or (2) was operating a vehicle while |
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1 | failing or refusing to comply with any lawful order or | ||||||
2 | direction of any authorized police officer or traffic control | ||||||
3 | aide engaged in traffic control
and caused the deaths of 2 or | ||||||
4 | more persons as
part of a single course of conduct ,
the penalty | ||||||
5 | is a Class 2 felony, for which a
person, if sentenced to a term | ||||||
6 | of imprisonment, shall be sentenced to a term of
not less than | ||||||
7 | 6 years and not more than 28 years.
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8 | (e-9) In cases involving reckless homicide in which the | ||||||
9 | defendant drove a vehicle and used an incline in a roadway, | ||||||
10 | such as a railroad crossing, bridge
approach, or hill, to cause | ||||||
11 | the vehicle to become airborne, and caused the deaths of 2 or | ||||||
12 | more persons as
part of a single course of conduct,
the penalty | ||||||
13 | is a Class 2 felony.
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14 | (f) In cases involving involuntary manslaughter in which | ||||||
15 | the victim was a
family or household member as defined in | ||||||
16 | paragraph (3) of Section 112A-3 of the
Code of
Criminal | ||||||
17 | Procedure of 1963, the penalty shall be a Class 2 felony, for | ||||||
18 | which a
person if sentenced to a term of imprisonment, shall be | ||||||
19 | sentenced to a term of
not less than 3 years and not more than | ||||||
20 | 14 years.
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21 | (Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, | ||||||
22 | eff. 7-18-03; 93-682, eff. 1-1-05.)
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23 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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24 | Sec. 12-2. Aggravated assault.
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25 | (a) A person commits an aggravated assault, when, in |
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1 | committing an
assault, he:
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2 | (1) Uses a deadly weapon or any device manufactured and | ||||||
3 | designed to be
substantially similar in appearance to a | ||||||
4 | firearm, other than by
discharging a firearm in the | ||||||
5 | direction of another person, a peace
officer, a person | ||||||
6 | summoned or directed by a peace officer, a correctional
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7 | officer or a fireman or in the direction of a vehicle | ||||||
8 | occupied by another
person, a peace officer, a person | ||||||
9 | summoned or directed by a peace officer,
a correctional | ||||||
10 | officer or a fireman while the officer or fireman is
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11 | engaged in the execution of any of his official duties, or | ||||||
12 | to prevent the
officer or fireman from performing his | ||||||
13 | official duties, or in retaliation
for the officer or | ||||||
14 | fireman performing his official duties;
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15 | (2) Is hooded, robed or masked in such manner as to | ||||||
16 | conceal his
identity or any device manufactured and | ||||||
17 | designed to be substantially
similar in appearance to a | ||||||
18 | firearm;
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19 | (3) Knows the individual assaulted to be a teacher or | ||||||
20 | other person
employed in any school and such teacher or | ||||||
21 | other employee is upon the
grounds of a school or grounds | ||||||
22 | adjacent thereto, or is in any part of a
building used for | ||||||
23 | school purposes;
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24 | (4) Knows the individual assaulted to be a supervisor, | ||||||
25 | director,
instructor or other person employed in any park | ||||||
26 | district and such
supervisor, director, instructor or |
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1 | other employee is upon the grounds of
the park or grounds | ||||||
2 | adjacent thereto, or is in any part of a building used
for | ||||||
3 | park purposes;
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4 | (5) Knows the individual assaulted to be a caseworker, | ||||||
5 | investigator, or
other person employed by the Department of | ||||||
6 | Healthcare and Family Services (formerly State Department | ||||||
7 | of Public Aid ) , a
County
Department of Public Aid, or the | ||||||
8 | Department of Human Services (acting as
successor to the | ||||||
9 | Illinois Department of Public Aid under the Department of
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10 | Human Services Act) and such caseworker, investigator, or | ||||||
11 | other person
is upon the grounds of a public aid office or | ||||||
12 | grounds adjacent thereto, or
is in any part of a building | ||||||
13 | used for public aid purposes, or upon the
grounds of a home | ||||||
14 | of a public aid applicant, recipient or any other person
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15 | being interviewed or investigated in the employees' | ||||||
16 | discharge of his
duties, or on grounds adjacent thereto, or | ||||||
17 | is in any part of a building in
which the applicant, | ||||||
18 | recipient, or other such person resides or is located;
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19 | (6) Knows the individual assaulted to be a peace | ||||||
20 | officer, or a community
policing volunteer, or a fireman
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21 | while the officer or fireman is engaged in the execution of | ||||||
22 | any of his
official duties, or to prevent the officer, | ||||||
23 | community policing volunteer,
or fireman from performing
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24 | his official duties, or in retaliation for the officer, | ||||||
25 | community policing
volunteer, or fireman
performing his | ||||||
26 | official duties, and the assault is committed other than by
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1 | the discharge of a firearm in the direction of the officer | ||||||
2 | or fireman or
in the direction of a vehicle occupied by the | ||||||
3 | officer or fireman;
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4 | (7) Knows the individual assaulted to be
an emergency | ||||||
5 | medical technician - ambulance, emergency medical
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6 | technician - intermediate, emergency medical technician - | ||||||
7 | paramedic, ambulance
driver or other medical
assistance or | ||||||
8 | first aid personnel engaged in the
execution of any of his | ||||||
9 | official duties, or to prevent the
emergency medical | ||||||
10 | technician - ambulance, emergency medical
technician - | ||||||
11 | intermediate, emergency medical technician - paramedic,
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12 | ambulance driver, or other medical assistance or first aid | ||||||
13 | personnel from
performing his official duties, or in | ||||||
14 | retaliation for the
emergency medical technician - | ||||||
15 | ambulance, emergency medical
technician - intermediate, | ||||||
16 | emergency medical technician - paramedic,
ambulance | ||||||
17 | driver, or other medical assistance or first aid personnel
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18 | performing his official duties;
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19 | (8) Knows the individual assaulted to be the driver, | ||||||
20 | operator, employee
or passenger of any transportation | ||||||
21 | facility or system engaged in the
business of | ||||||
22 | transportation of the public for hire and the individual
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23 | assaulted is then performing in such capacity or then using | ||||||
24 | such public
transportation as a passenger or using any area | ||||||
25 | of any description
designated by the transportation | ||||||
26 | facility or system as a vehicle boarding,
departure, or |
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1 | transfer location;
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2 | (9) Or the individual assaulted is on or about a public | ||||||
3 | way, public
property, or public place of accommodation or | ||||||
4 | amusement;
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5 | (9.5) Is, or the individual assaulted is, in or about a | ||||||
6 | publicly or privately owned sports or entertainment arena, | ||||||
7 | stadium, community or convention hall, special event | ||||||
8 | center, amusement facility, or a special event center in a | ||||||
9 | public park during any 24-hour period when a professional | ||||||
10 | sporting event, National Collegiate Athletic Association | ||||||
11 | (NCAA)-sanctioned sporting event, United States Olympic | ||||||
12 | Committee-sanctioned sporting event, or International | ||||||
13 | Olympic Committee-sanctioned sporting event is taking | ||||||
14 | place in this venue;
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15 | (10) Knows the individual assaulted to be an employee | ||||||
16 | of the State of
Illinois, a municipal corporation therein | ||||||
17 | or a political subdivision
thereof, engaged in the | ||||||
18 | performance of his authorized duties as such
employee;
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19 | (11) Knowingly and without legal justification, | ||||||
20 | commits an assault on
a physically handicapped person;
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21 | (12) Knowingly and without legal justification, | ||||||
22 | commits an assault on a
person 60 years of age or older;
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23 | (13) Discharges a firearm;
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24 | (14) Knows the individual assaulted to be a | ||||||
25 | correctional officer, while
the officer is engaged in the | ||||||
26 | execution of any of his or her official duties,
or to |
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1 | prevent the officer from performing his or her official | ||||||
2 | duties, or in
retaliation for the officer performing his or | ||||||
3 | her official duties;
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4 | (15) Knows the individual assaulted to be a | ||||||
5 | correctional employee or
an employee of the Department of | ||||||
6 | Human Services supervising or controlling
sexually | ||||||
7 | dangerous persons or sexually violent persons, while
the | ||||||
8 | employee is engaged in the execution of any of his or her | ||||||
9 | official duties,
or to prevent the employee from performing | ||||||
10 | his or her official duties, or in
retaliation for the | ||||||
11 | employee performing his or her official duties, and the
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12 | assault is committed other than by the discharge of a | ||||||
13 | firearm in the direction
of the employee or in the | ||||||
14 | direction of a vehicle occupied by the employee;
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15 | (16) Knows the individual assaulted to be an employee | ||||||
16 | of a police or
sheriff's department , or a person who is | ||||||
17 | employed by a municipality and whose duties include traffic | ||||||
18 | control, engaged in the performance of his or her official | ||||||
19 | duties
as such employee; or
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20 | (17) Knows the individual assaulted to be a sports | ||||||
21 | official or coach at any level of competition and the act | ||||||
22 | causing the assault to the sports official or coach | ||||||
23 | occurred within an athletic facility or an indoor or | ||||||
24 | outdoor playing field or within the immediate vicinity of | ||||||
25 | the athletic facility or an indoor or outdoor playing field | ||||||
26 | at which the sports official or coach was an active |
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1 | participant in the athletic contest held at the athletic | ||||||
2 | facility. For the purposes of this paragraph (17), "sports | ||||||
3 | official" means a person at an athletic contest who | ||||||
4 | enforces the rules of the contest, such as an umpire or | ||||||
5 | referee; and "coach" means a person recognized as a coach | ||||||
6 | by the sanctioning authority that conducted the athletic | ||||||
7 | contest ; or .
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8 | (18) Knows the individual assaulted to be an emergency | ||||||
9 | management
worker, while the emergency management worker | ||||||
10 | is engaged in the execution of
any of his or her official | ||||||
11 | duties,
or to prevent the emergency management worker from | ||||||
12 | performing his or her
official duties, or in retaliation | ||||||
13 | for the emergency management worker
performing his or her | ||||||
14 | official duties, and the assault is committed other than
by | ||||||
15 | the discharge of a firearm in the direction of the | ||||||
16 | emergency management
worker or in the direction of a | ||||||
17 | vehicle occupied by the emergency management
worker.
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18 | (a-5) A person commits an aggravated assault when he or she | ||||||
19 | knowingly and
without lawful justification shines or flashes a | ||||||
20 | laser gunsight or other laser
device that is attached or | ||||||
21 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
22 | that the laser beam strikes near or in the immediate vicinity | ||||||
23 | of
any person.
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24 | (b) Sentence.
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25 | Aggravated assault as defined in paragraphs (1) through (5) | ||||||
26 | and (8) through
(12) and (17) of subsection (a) of this Section |
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1 | is a Class A misdemeanor. Aggravated
assault as defined in | ||||||
2 | paragraphs (13), (14), and (15) of subsection (a) of this
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3 | Section and as defined in subsection (a-5) of this Section is a | ||||||
4 | Class 4
felony. Aggravated assault as defined in paragraphs
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5 | (6), (7), (16), and (18) of
subsection (a) of this Section is a | ||||||
6 | Class A misdemeanor if a firearm is not
used in the commission | ||||||
7 | of the assault. Aggravated assault as defined in
paragraphs | ||||||
8 | (6), (7), (16), and (18) of subsection (a) of this
Section is a | ||||||
9 | Class 4 felony if a firearm is used in the commission of the
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10 | assault.
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11 | (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482, | ||||||
12 | eff. 1-1-06; revised 12-15-05.)"; and
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13 | on page 6, by inserting immediately below line 13 the | ||||||
14 | following:
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15 | "Section 99. Effective date. Section 2 and this Section | ||||||
16 | take effect upon becoming law.".
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