95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5681


 
Introduced , by Rep. Dan Brady
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/9-3.4 new










    Amends the Criminal Code of 1961.  Creates the offense of vehicular homicide.  Provides that a person commits the offense if he or she unintentionally kills an individual or an unborn child while operating or in actual physical control of a motor vehicle, motorcycle, snowmobile, or watercraft if the death is the proximate result of committing a violation of the Illinois Vehicle Code, the Boat Registration and Safety Act, the Wildlife Code, the  Fish and Aquatic Life Code, or the Snowmobile Registration and Safety Act.  Establishes penalties.
















LRB095 17881 RLC 43961 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5681

LRB095 17881 RLC 43961 b






1
    AN ACT concerning criminal law.

 
2
    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 adding 
5
Section 9-3.4 as follows:
 
6
    (720 ILCS 5/9-3.4  new)
7
    Sec. 9-3.4. Vehicular homicide.
8
    (a)  A person who unintentionally kills an individual or an 
9
unborn child while operating or in actual physical control of a 
10
motor vehicle, motorcycle, snowmobile, or watercraft, commits 
11
vehicular homicide if the death is the proximate result of 
12
committing a violation of the Illinois Vehicle Code, the Boat 
13
Registration and Safety Act, the Wildlife Code, the  Fish and 
14
Aquatic Life Code, or the Snowmobile Registration and Safety 
15
Act. 
16
    (b)  Sentence.
17
    (1)  Except as otherwise provided in paragraphs (2) and (3) 
18
of this subsection (b), a person who commits a violation of 
19
subsection (a) of this Section is guilty of a Class A 
20
misdemeanor.
21
    (2)  A person who commits a violation of subsection (a) of 
22
this Section while operating or in actual physical control of a 
23
motor vehicle, motorcycle, snowmobile, or watercraft and who is 
 


 






HB5681
- 2 -
LRB095 17881 RLC 43961 b




1
not licensed to drive a motor vehicle or a motorcycle under the 
2
Illinois Vehicle Code or who is not authorized to operate a 
3
snowmobile under the  Snowmobile Registration and Safety Act or 
4
who is not authorized to operate a  watercraft  under the Boat 
5
Registration and Safety Act or who is operating such motor 
6
vehicle, motorcycle, snowmobile, or watercraft illegally is 
7
guilty of a Class 4 felony.
8
    (3)  A second or subsequent conviction for a violation of 
9
subsection (a) of this Section is a Class 4 felony. 
10
    (c)  For purposes of this Section, "unborn child" means any

11
individual of the human species from fertilization until birth.