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HB0508 Engrossed |
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LRB095 04052 DRH 24090 b |
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| AN ACT concerning transportation.
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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 Illinois Vehicle Code is amended by changing |
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| Section 11-503 as follows:
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| (625 ILCS 5/11-503) (from Ch. 95 1/2, par. 11-503)
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| Sec. 11-503. Reckless driving; aggravated reckless |
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| driving ; aggravated reckless driving where a school crossing |
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| guard is performing official duties .
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| (a) A
person commits reckless driving if he or she: |
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| (1) drives any vehicle with
a willful or wanton |
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| disregard for the safety of persons or property; or |
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| (2) knowingly drives a vehicle and uses an incline in a |
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| roadway, such as a railroad crossing, bridge
approach, or |
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| hill, to cause the vehicle to become airborne.
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| (b) Every person convicted of reckless driving shall be |
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| guilty of a
Class A misdemeanor, except as provided under |
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| subsection (c) of this
Section.
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| (c) Every person convicted of committing a violation of |
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| subsection (a)
shall
be guilty of aggravated reckless driving |
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| if the violation results in great
bodily harm or permanent |
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| disability or disfigurement to another. Aggravated
reckless |
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| driving is a Class 4 felony. |
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| (d) A person who violates this Section, if the violation |
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| causes
bodily injury to a child or a school crossing guard |
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| while the school crossing guard is performing his or her |
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| official duties, is guilty of aggravated reckless
driving where |
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| a school crossing guard is performing official duties. |
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| Aggravated reckless
driving where a school crossing guard |
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| is performing official duties is a Class 3 felony.
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| (Source: P.A. 93-682, eff. 1-1-05.)
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| Section 10. The Criminal Code of 1961 is amended by |
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| changing 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 was
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| driving in a construction or maintenance zone, as defined in |
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| Section 11-605
of the Illinois Vehicle Code,
the penalty is a |
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| Class 2 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-8) In cases involving reckless homicide in which the |
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| defendant was
driving in a construction or maintenance zone, as |
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| defined in Section 11-605
of the Illinois Vehicle Code, and |
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| caused the deaths of 2 or more persons as
part of a single |
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| course of conduct,
the penalty is a Class 2 felony, for which a
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| person, if sentenced to a term of imprisonment, shall be |
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| sentenced to a term of
not less than 6 years and not more than |
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| 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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| (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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| (Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, |