093_HB3215sam001











                                     LRB093 07803 DRH 15522 a

 1                    AMENDMENT TO HOUSE BILL 3215

 2        AMENDMENT NO.     .  Amend House Bill 3215  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Criminal  Code  of  1961 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
 8    Homicide.
 9        (a)  A  person  who  unintentionally  kills an individual
10    without lawful justification commits involuntary manslaughter
11    if his acts whether lawful or unlawful which cause the  death
12    are such as are likely to cause death or great bodily harm to
13    some  individual,  and he performs them recklessly, except in
14    cases in which the cause of the death consists of the driving
15    of a motor vehicle or  operating  a  snowmobile,  all-terrain
16    vehicle,  or  watercraft,  in  which  case the person commits
17    reckless homicide.
18        (b)  In cases involving reckless  homicide,  being  under
19    the  influence  of  alcohol or any other drug or drugs at the
20    time of  the  alleged  violation  shall  be  presumed  to  be
21    evidence  of  a  reckless act unless disproved by evidence to
22    the contrary.
 
                            -2-      LRB093 07803 DRH 15522 a
 1        (c)  For the purposes of this Section, a person shall  be
 2    considered  to  be  under  the  influence of alcohol or other
 3    drugs while:
 4             1.  The alcohol concentration in the person's  blood
 5        or  breath  is  0.08  or  more based on the definition of
 6        blood  and  breath  units  in  Section  11-501.2  of  the
 7        Illinois Vehicle Code;
 8             2.  Under the influence of alcohol to a degree  that
 9        renders  the  person  incapable of safely driving a motor
10        vehicle or operating a snowmobile,  all-terrain  vehicle,
11        or watercraft;
12             3.  Under   the  influence  of  any  other  drug  or
13        combination of drugs to a degree that renders the  person
14        incapable  of safely driving a motor vehicle or operating
15        a snowmobile, all-terrain vehicle, or watercraft; or
16             4.  Under the combined influence of alcohol and  any
17        other  drug or drugs to a degree which renders the person
18        incapable of safely driving a motor vehicle or  operating
19        a snowmobile, all-terrain vehicle, or watercraft.
20        (d)  Sentence.
21             (1)  Involuntary manslaughter is a Class 3 felony.
22             (2)  Reckless homicide is a Class 3 felony.
23        (e)  Except   as   otherwise   provided   in  subsections
24    subsection  (e-5),  (e-7),  and  (e-8),  in  cases  involving
25    reckless homicide in which the defendant  was  determined  to
26    have been under the influence of alcohol or any other drug or
27    drugs  as an element of the offense, or in cases in which the
28    defendant is proven beyond a reasonable doubt  to  have  been
29    under  the  influence  of alcohol or any other drug or drugs,
30    the penalty shall be a Class 2 felony, for which a person, if
31    sentenced to a term of imprisonment, shall be sentenced to  a
32    term of not less than 3 years and not more than 14 years.
33        (e-5)  In  cases involving reckless homicide in which the
34    defendant was determined to have been under the influence  of
 
                            -3-      LRB093 07803 DRH 15522 a
 1    alcohol  or  any  other  drug  or  drugs as an element of the
 2    offense, or in cases in which the defendant is proven  beyond
 3    a  reasonable  doubt  to  have  been  under  the influence of
 4    alcohol or any other drug or drugs, if the defendant kills  2
 5    or  more  individuals  as part of a single course of conduct,
 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 6 years and not more than 28 years.
 9        (e-7)  Except as otherwise provided in subsection  (e-8),
10    in  cases  involving reckless homicide in which the defendant
11    was driving in a construction or maintenance zone, as defined
12    in Section 11-605 of the Illinois Vehicle Code,  the  penalty
13    is  a  Class  2 felony, for which a person, if sentenced to a
14    term of imprisonment, shall be sentenced to  a  term  of  not
15    less than 3 years and not more than 14 years.
16        (e-8)  In  cases involving reckless homicide in which the
17    defendant was driving in a construction or maintenance  zone,
18    as  defined  in  Section 11-605 of the Illinois Vehicle Code,
19    and caused the deaths of 2 or  more  persons  as  part  of  a
20    single  course  of  conduct, the penalty is a Class 2 felony,
21    for which a person, if sentenced to a term  of  imprisonment,
22    shall be sentenced to a term of not less than 6 years and not
23    more than 28 years.
24        (f)  In cases involving involuntary manslaughter in which
25    the  victim  was  a  family or household member as defined in
26    paragraph (3) of Section  112A-3  of  the  Code  of  Criminal
27    Procedure of 1963, the penalty shall be a Class 2 felony, for
28    which  a person if sentenced to a term of imprisonment, shall
29    be sentenced to a term of not less than 3 years and not  more
30    than 14 years.
31    (Source: P.A.  91-6, eff. 1-1-00; 91-122, eff. 1-1-00; 92-16,
32    eff. 6-28-01.)".