Rep. Luis Arroyo
Filed: 4/30/2008
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 4861




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    AMENDMENT NO. ______. Amend House Bill 4861 by replacing 
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everything after the enacting clause with the following:


 
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    "Section 5. The Criminal Code of 1961 is amended  by 
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changing Sections 9-3 and 12-5 as follows:
 



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



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    (Text of Section after amendment by P.A. 95-467, 95-551, 
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and 95-587)
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    Sec. 9-3. Involuntary Manslaughter and Reckless Homicide. 

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    (a) A person who unintentionally kills an individual 
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without lawful
justification commits involuntary manslaughter 
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if his acts whether lawful
or unlawful which cause the death 
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are such as are likely to cause death or
great bodily harm to 
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some individual, and he performs them recklessly,
except in 
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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 
 


 






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vehicle, or watercraft,
in which case the person commits 
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reckless homicide. A person commits reckless homicide if he or 
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she unintentionally kills an individual while driving a vehicle 
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and using an incline in a roadway, such as a railroad crossing, 
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bridge
approach, or hill, to cause the vehicle to become 
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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).

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    (e-2) Except as provided in subsection (e-3), in cases 
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involving reckless homicide in which the offense is committed 
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upon a public thoroughfare where children pass going to and 
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from school  when a school crossing guard is performing  official 
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duties, the penalty is a Class 2 felony, for which a
person, if 
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sentenced to a term of imprisonment, shall be sentenced to a 
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term of
not less than 3 years and not more than 14  years.
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    (e-3) In cases involving reckless homicide in which (i) the 
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offense  is committed upon a public thoroughfare where children 
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pass going to and from school  when a school crossing guard is 
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performing  official duties and (ii) the defendant causes the 
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deaths of 2 or more persons as part of a single course of 
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conduct, the penalty is a Class 2 felony, for which a
person, 
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if sentenced to a term of imprisonment, shall be sentenced to a 
 


 






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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 
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cases involving
reckless homicide in which the defendant: (1)

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was
driving in a construction or maintenance zone, as defined 
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in Section 11-605.1
of the Illinois Vehicle Code, or (2) was 
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operating a vehicle while   failing or refusing to comply with 
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any lawful order or direction of any authorized police officer 
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or traffic control aide engaged in traffic control,
the penalty 
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is a Class 2 felony, for which a
person, if sentenced to a term 
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of imprisonment, shall be sentenced to a term of
not less than 
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3 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 caused the deaths of 2 or more persons as part of a 
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single course of conduct and: (1) was
driving in a construction 
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or maintenance zone, as defined in Section 11-605.1
of the 
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Illinois Vehicle Code, or (2) was operating a vehicle while   
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failing or refusing to comply with any lawful order or 
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direction of any authorized police officer or traffic control 
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aide engaged in traffic control,
the penalty is a Class 2 
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felony, for which a
person, if sentenced to a term of 
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imprisonment, shall be sentenced to a term of
not less than 6 
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years and not more than 28 years.

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    (e-9) In cases involving reckless homicide in which the 
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defendant drove a vehicle and used an incline in a roadway, 
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such as a railroad crossing, bridge
approach, or hill, to cause 
 


 






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the vehicle to become airborne, and caused the deaths of 2 or 
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more persons as
part of a single course of conduct,
the penalty 
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is a Class 2 felony.

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    (e-10) In cases involving involuntary manslaughter or 
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reckless homicide resulting in the death of a peace officer 
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killed in the performance of his or her duties as a peace 
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officer, the penalty is a Class 2 felony.

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    (e-11)
(e-10) In cases involving reckless homicide in which 
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the defendant unintentionally kills an individual while 
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driving in a posted school zone, as defined in Section 11-605 
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of the Illinois Vehicle Code, while children are present or in 
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a construction or maintenance zone, as defined in Section 
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11-605.1 of the Illinois Vehicle Code, when construction or 
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maintenance workers are present the trier of fact may infer 
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that the defendant's actions were performed recklessly where he 
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or she was also either driving at a speed of more than 20 miles 
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per hour in excess of the posted speed limit or violating 
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Section 11-501 of the Illinois Vehicle Code.

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    (e-12)  In cases involving reckless homicide in which a 
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person or persons  were killed as a result of the defendant's 
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reckless operation of a motor vehicle on a highway and the 
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victim or victims of the offense were vulnerable users of a 
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public way, the penalty shall be a Class 2 felony and is 
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subject to a maximum fine of $10,000.   For the purposes of this 
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subsection (e-12), "vulnerable user of a public way" means a

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pedestrian, a highway worker, a person riding an animal, or a

 


 






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person operating any of the following on a public way, 
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crosswalk,
or shoulder of the highway: 
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        (1) A farm tractor or implement of husbandry without an

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    enclosed shell.
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        (2) A skateboard.
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        (3) Roller skates.
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        (4) In-line skates.
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        (5) A scooter.
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        (6) A bicycle. 
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        (7) A motorcycle. 
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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 
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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 
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14 years.

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(Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, 
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eff. 6-1-08; 95-591, eff. 9-10-07; revised 10-30-07.)
 



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    (720 ILCS 5/12-5)  (from Ch. 38, par. 12-5)



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    Sec. 12-5. Reckless
conduct.

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    (a) A person who causes bodily harm to or endangers the 
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bodily safety of
an individual by any means, commits reckless 
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conduct if he or she performs
recklessly the acts that

cause 
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the harm or endanger safety, whether they
otherwise are lawful 
 


 






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or unlawful.
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    (a-5) A person who causes great bodily harm or permanent 
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disability or disfigurement by any means, commits reckless 
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conduct if he or she performs recklessly the acts that cause 
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the harm, whether they otherwise are lawful or unlawful.


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    (b) Sentence.

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    Reckless conduct under subsection (a) is a Class A 
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misdemeanor. Reckless conduct under subsection (a-5) is a Class 
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4 felony.
Reckless conduct in which the person injured or the 
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person whose safety was endangered was a vulnerable user of a 
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public way and the person who caused the injury or who 
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endangered the safety of another person was operating a motor 
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vehicle upon a highway is a Class 4 felony and is subject to a 
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maximum fine of $10,000. 
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    (c)  For the purposes of this Section, "vulnerable user of a 
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public way" means a
pedestrian, a highway worker, a person 
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riding an animal, or a
person operating any of the following on 
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a public way, crosswalk,
or shoulder of the highway: 

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        (1) A farm tractor or implement of husbandry without an

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    enclosed shell.
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        (2) A skateboard.
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        (3) Roller skates.
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        (4) In-line skates.
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        (5) A scooter.
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        (6) A bicycle. 
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        (7) A motorcycle. 
 


 






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(Source: P.A. 93-710, eff. 1-1-05.)


 
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    Section 95. No acceleration or delay. Where this Act makes 
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changes in a statute that is represented in this Act by text 
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that is not yet or no longer in effect (for example, a Section 
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represented by multiple versions), the use of that text does 
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not accelerate or delay the taking effect of (i) the changes 
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made by this Act or (ii) provisions derived from any other 
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Public Act.
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".