96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0524


 
Introduced 2/4/2009, by Rep. Lou Lang
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the  Criminal Code of 1961.  Provides that the penalty for reckless homicide when the defendant was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the driving under the influence of alcohol or drugs was a proximate cause of the death is a Class 2 felony, for which the defendant, unless the court determines that extraordinary circumstances exist and require probation, shall be sentenced to: (i) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted in the death of one person; or (ii) a term of imprisonment of not less than 6 years and not more than 28 years if the violation resulted in the deaths of 2 or more persons.  Provides that in such cases, the trier of fact may infer that the defendant's actions were performed recklessly.  Effective immediately.
















LRB096 04552 RLC 14607 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0524

LRB096 04552 RLC 14607 b






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    AN ACT concerning criminal law.

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


 
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    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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    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 
14
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)
 In cases involving reckless homicide in which the 
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defendant unintentionally kills an individual while driving in 
 


 






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a posted school zone, as defined in Section 11-605 of the 
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Illinois Vehicle Code, while children are present or in a 
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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) Except as otherwise provided in subsection (e-13), 
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in cases involving
reckless homicide in which the offense was 
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committed as result
of a violation of subsection (c) of Section 
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11-907 of the Illinois Vehicle Code,
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 3 
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years and not more than 14 years.
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    (e-13) In cases involving
reckless homicide in which the 
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offense was committed as result
of a violation of subsection 
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(c) of Section 11-907 of the Illinois Vehicle Code and 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,
the penalty is a Class 2 felony, for 
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which a
person, if sentenced to a term of imprisonment, shall 
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be sentenced to a term of
not less than 6 years and not more 
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than 28 years.

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    (e-14)
(e-12)  In cases involving reckless homicide in which 
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the defendant unintentionally kills an individual, the trier of 
 


 






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fact may infer that the defendant's actions were performed 
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recklessly where he or she was also violating subsection (c) of 
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Section 11-907 of the Illinois Vehicle Code.  The penalty for a 
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reckless homicide in which the driver also violated subsection 
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(c) of Section 11-907 of the Illinois Vehicle Code 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 3 
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years and not more than 14 years.

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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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    (g)  In cases involving reckless homicide in which the 
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defendant unintentionally kills an individual, the trier of 
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fact may infer that the defendant's actions were performed 
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recklessly where he or she was also violating subparagraph (F) 
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of paragraph (1)
     of subsection (d) of Section 11-501 of the 
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Illinois Vehicle Code.  The penalty for a reckless homicide in 
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which the driver also violated subparagraph (F) of paragraph 
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(1)
     of subsection (d) of Section 11-501 of the Illinois Vehicle 
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Code is a Class 2 felony, for which the defendant, unless the 
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court determines that extraordinary circumstances exist and 
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require probation, shall be sentenced to: (i) a term of 
 


 






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imprisonment of not less than 3 years and not more than 14 
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years if the violation resulted in the death of one person; or 
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(ii) a term of imprisonment of not less than 6 years and not 
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more than 28 years if the violation resulted in the deaths of 2 
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or more persons. 
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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; 95-803, eff. 1-1-09; 95-876, 
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eff. 8-21-08; 95-884, eff. 1-1-09; revised 12-9-08.)
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.