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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 2012 is amended by | |||||||||||||||||||
5 | changing Section 9-3 as follows: | |||||||||||||||||||
6 | (720 ILCS 5/9-3) (from Ch. 38, par. 9-3) | |||||||||||||||||||
7 | Sec. 9-3. Involuntary Manslaughter and Reckless Homicide. | |||||||||||||||||||
8 | (a) A person who unintentionally kills an individual | |||||||||||||||||||
9 | without lawful justification commits involuntary manslaughter | |||||||||||||||||||
10 | if his acts whether lawful or unlawful which cause the death | |||||||||||||||||||
11 | are such as are likely to cause death or great bodily harm to | |||||||||||||||||||
12 | some individual, and he performs them recklessly, except in | |||||||||||||||||||
13 | cases in which the cause of the death consists of the driving | |||||||||||||||||||
14 | of a motor vehicle or operating a snowmobile, all-terrain | |||||||||||||||||||
15 | vehicle, or watercraft, in which case the person commits | |||||||||||||||||||
16 | reckless homicide. A person commits reckless homicide if he or | |||||||||||||||||||
17 | she unintentionally kills an individual while driving a | |||||||||||||||||||
18 | vehicle and using an incline in a roadway, such as a railroad | |||||||||||||||||||
19 | crossing, bridge approach, or hill, to cause the vehicle to | |||||||||||||||||||
20 | become airborne. | |||||||||||||||||||
21 | (b) (Blank). | |||||||||||||||||||
22 | (c) (Blank). | |||||||||||||||||||
23 | (d) Sentence. |
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1 | (1) Involuntary manslaughter is a Class 3 felony. | ||||||
2 | (2) Reckless homicide is a Class 3 felony. | ||||||
3 | (e) (Blank). | ||||||
4 | (e-2) Except as provided in subsection (e-3), in cases | ||||||
5 | involving reckless homicide in which the offense is committed | ||||||
6 | upon a public thoroughfare where children pass going to and | ||||||
7 | from school when a school crossing guard is performing | ||||||
8 | official duties, the penalty is a Class 2 felony, for which a | ||||||
9 | person, if sentenced to a term of imprisonment, shall be | ||||||
10 | sentenced to a term of not less than 3 years and not more than | ||||||
11 | 14 years. | ||||||
12 | (e-3) In cases involving reckless homicide in which (i) | ||||||
13 | the offense is committed upon a public thoroughfare where | ||||||
14 | children pass going to and from school when a school crossing | ||||||
15 | guard is performing official duties and (ii) the defendant | ||||||
16 | causes the deaths of 2 or more persons as part of a single | ||||||
17 | course of conduct, the penalty is a Class 2 felony, for which a | ||||||
18 | person, if sentenced to a term of imprisonment, shall be | ||||||
19 | sentenced to a term of not less than 6 years and not more than | ||||||
20 | 28 years. | ||||||
21 | (e-5) (Blank). | ||||||
22 | (e-7) Except as otherwise provided in subsection (e-8), in | ||||||
23 | cases involving reckless homicide in which the defendant: (1) | ||||||
24 | was driving in a construction or maintenance zone, as defined | ||||||
25 | in Section 11-605.1 of the Illinois Vehicle Code, or (2) was | ||||||
26 | operating a vehicle while failing or refusing to comply with |
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1 | any lawful order or direction of any authorized police officer | ||||||
2 | or traffic control aide engaged in traffic control , (3) was | ||||||
3 | driving at a speed of more than 20 miles per hour in excess of | ||||||
4 | the posted speed limit, or (4) failed or refused to comply with | ||||||
5 | a traffic control aide or device engaged in traffic control , | ||||||
6 | the penalty is a Class 2 felony, for which a person, if | ||||||
7 | sentenced to a term of imprisonment, shall be sentenced to a | ||||||
8 | term of not less than 3 years and not more than 14 years. | ||||||
9 | (e-8) In cases involving reckless homicide in which the | ||||||
10 | defendant caused the deaths of 2 or more persons as part of a | ||||||
11 | single course of conduct and: (1) was driving in a | ||||||
12 | construction or maintenance zone, as defined in Section | ||||||
13 | 11-605.1 of the Illinois Vehicle Code, or (2) was operating a | ||||||
14 | vehicle while failing or refusing to comply with any lawful | ||||||
15 | order or direction of any authorized police officer or traffic | ||||||
16 | control aide engaged in traffic control, the penalty is a | ||||||
17 | Class 2 felony, for which a person, if sentenced to a term of | ||||||
18 | imprisonment, shall be sentenced to a term of not less than 6 | ||||||
19 | years and not more than 28 years. | ||||||
20 | (e-9) In cases involving reckless homicide in which the | ||||||
21 | defendant drove a vehicle and used an incline in a roadway, | ||||||
22 | such as a railroad crossing, bridge approach, or hill, to | ||||||
23 | cause the vehicle to become airborne, and caused the deaths of | ||||||
24 | 2 or more persons as part of a single course of conduct, the | ||||||
25 | penalty is a Class 2 felony. | ||||||
26 | (e-10) In cases involving involuntary manslaughter or |
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1 | reckless homicide resulting in the death of a peace officer | ||||||
2 | killed in the performance of his or her duties as a peace | ||||||
3 | officer, the penalty is a Class 2 felony. | ||||||
4 | (e-11) In cases involving reckless homicide in which the | ||||||
5 | defendant unintentionally kills an individual while driving in | ||||||
6 | a posted school zone, as defined in Section 11-605 of the | ||||||
7 | Illinois Vehicle Code, while children are present or in a | ||||||
8 | construction or maintenance zone, as defined in Section | ||||||
9 | 11-605.1 of the Illinois Vehicle Code, when construction or | ||||||
10 | maintenance workers are present the trier of fact may infer | ||||||
11 | that the defendant's actions were performed recklessly where | ||||||
12 | he or she was also either driving at a speed of more than 20 | ||||||
13 | miles per hour in excess of the posted speed limit or violating | ||||||
14 | Section 11-501 of the Illinois Vehicle Code. | ||||||
15 | (e-12) Except as otherwise provided in subsection (e-13), | ||||||
16 | in cases involving reckless homicide in which the offense was | ||||||
17 | committed as result of a violation of subsection (c) of | ||||||
18 | Section 11-907 of the Illinois Vehicle Code, the penalty is a | ||||||
19 | Class 2 felony, for which a person, if sentenced to a term of | ||||||
20 | imprisonment, shall be sentenced to a term of not less than 3 | ||||||
21 | years and not more than 14 years. | ||||||
22 | (e-13) In cases involving reckless homicide in which the | ||||||
23 | offense was committed as result of a violation of subsection | ||||||
24 | (c) of Section 11-907 of the Illinois Vehicle Code and the | ||||||
25 | defendant caused the deaths of 2 or more persons as part of a | ||||||
26 | single course of conduct, the penalty is a Class 2 felony, for |
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1 | which a person, if sentenced to a term of imprisonment, shall | ||||||
2 | be sentenced to a term of not less than 6 years and not more | ||||||
3 | than 28 years. | ||||||
4 | (e-14) In cases involving reckless homicide in which the | ||||||
5 | defendant unintentionally kills an individual, the trier of | ||||||
6 | fact may infer that the defendant's actions were performed | ||||||
7 | recklessly where he or she was also violating subsection (c) | ||||||
8 | of Section 11-907 of the Illinois Vehicle Code. The penalty | ||||||
9 | for a reckless homicide in which the driver also violated | ||||||
10 | subsection (c) of Section 11-907 of the Illinois Vehicle Code | ||||||
11 | is a Class 2 felony, for which a person, if sentenced to a term | ||||||
12 | of imprisonment, shall be sentenced to a term of not less than | ||||||
13 | 3 years and not more than 14 years. | ||||||
14 | (e-15) In cases involving reckless homicide in which the | ||||||
15 | defendant was operating a vehicle while failing or refusing to | ||||||
16 | comply with subsection (c) of Section 11-907 of the Illinois | ||||||
17 | Vehicle Code resulting in the death of a firefighter or | ||||||
18 | emergency medical services personnel in the performance of his | ||||||
19 | or her official duties, the penalty is a Class 2 felony. | ||||||
20 | (e-16) In cases involving reckless homicide in which the | ||||||
21 | offense was committed as a result of a violation of Section | ||||||
22 | 6-303 of the Illinois Vehicle Code and the defendant caused | ||||||
23 | the deaths of 2 or more persons as part of a single course of | ||||||
24 | conduct, the penalty is a Class 2 felony, for which a person, | ||||||
25 | if sentenced to a term of imprisonment, shall be sentenced to a | ||||||
26 | term of not less than 6 years and not more than 28 years. |
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1 | (f) In cases involving involuntary manslaughter in which | ||||||
2 | the victim was a family or household member as defined in | ||||||
3 | paragraph (3) of Section 112A-3 of the Code of Criminal | ||||||
4 | Procedure of 1963, the penalty shall be a Class 2 felony, for | ||||||
5 | which a person if sentenced to a term of imprisonment, shall be | ||||||
6 | sentenced to a term of not less than 3 years and not more than | ||||||
7 | 14 years. | ||||||
8 | (Source: P.A. 101-173, eff. 1-1-20 .) |