HB0073 Engrossed LRB096 03777 RLC 13807 b

1     AN ACT concerning certain offenses.
 
2     WHEREAS, Section 10 of this Act may be referred to as the
3 Matt Wilhelm Law; therefore
 
4     Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
 
6     Section 5. The Criminal Code of 1961 is amended by adding
7 Section 9-3.4 as follows:
 
8     (720 ILCS 5/9-3.4 new)
9     Sec. 9-3.4. Negligent vehicular homicide.
10     (a) A person commits the offense of negligent vehicular
11 homicide if the person's negligent operation of a motor vehicle
12 is a proximate cause of the death of another person.
13     (b) A person acts negligently within the meaning of this
14 Section if he or she fails to be aware of a substantial and
15 unjustifiable risk of death or injury to others, and that
16 failure constitutes a substantial deviation from the standard
17 of care that a reasonable person would exercise under the
18 circumstances then prevailing.
19     (c) The finder of fact may consider statutes and ordinances
20 regulating the defendant's conduct in determining whether he or
21 she was culpably negligent under subsection (a).
22     (d) Negligent vehicular homicide is a Class A misdemeanor.