96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0904


 
Introduced 2/10/2009, by Rep. Naomi D. Jakobsson
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/9-3.4 new










    Amends the Criminal Code of 1961.  Creates the offense of negligent vehicular homicide, a Class A misdemeanor.
Provides that a person commits the offense  if the person's negligent operation of a motor vehicle is a proximate cause of the death of another person.

Provides that a person acts negligently within the meaning of the provision if he or she fails to be aware of a substantial and unjustifiable risk of death or injury to others, and that failure constitutes a substantial deviation from the standard of care which a reasonable person would exercise under the circumstances then prevailing.

Provides that the finder of fact may consider statutes and ordinances regulating the defendant's conduct in determining whether he or she was culpably negligent.
















LRB096 10276 RLC 20446 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0904

LRB096 10276 RLC 20446 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 adding 
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Section 9-3.4 as follows:
 
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    (720 ILCS 5/9-3.4  new)
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    Sec. 9-3.4. Negligent vehicular homicide.
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    (a) A person commits the offense of negligent vehicular 
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homicide if the person's negligent operation of a motor vehicle 
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is a proximate cause of the death of another person.
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    (b) A person acts negligently within the meaning of this 
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Section if he or she fails to be aware of a substantial and 
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unjustifiable risk of death or injury to others, and that 
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failure constitutes a substantial deviation from the standard 
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of care that a reasonable person would exercise under the 
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circumstances then prevailing.
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    (c) The finder of fact may consider statutes and ordinances 
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regulating the defendant's conduct in determining whether he or 
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she was culpably negligent under subsection (a).
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    (d) Negligent vehicular homicide is a Class A misdemeanor.