|
|
|
HB0508 Enrolled |
|
LRB095 04052 DRH 24090 b |
|
|
1 |
| AN ACT concerning transportation.
|
2 |
| Be it enacted by the People of the State of Illinois,
|
3 |
| represented in the General Assembly:
|
4 |
| Section 5. The Illinois Vehicle Code is amended by changing |
5 |
| Section 11-503 as follows:
|
6 |
| (625 ILCS 5/11-503) (from Ch. 95 1/2, par. 11-503)
|
7 |
| Sec. 11-503. Reckless driving; aggravated reckless |
8 |
| driving.
|
9 |
| (a) A
person commits reckless driving if he or she: |
10 |
| (1) drives any vehicle with
a willful or wanton |
11 |
| disregard for the safety of persons or property; or |
12 |
| (2) knowingly drives a vehicle and uses an incline in a |
13 |
| roadway, such as a railroad crossing, bridge
approach, or |
14 |
| hill, to cause the vehicle to become airborne.
|
15 |
| (b) Every person convicted of reckless driving shall be |
16 |
| guilty of a
Class A misdemeanor, except as provided under |
17 |
| subsections (b-1), (c), and (d)
subsection (c) of this
Section.
|
18 |
| (b-1) Except as provided in subsection (d), any person |
19 |
| convicted of violating subsection (a), if the violation causes |
20 |
| bodily harm to a child or a school crossing guard while the |
21 |
| school crossing guard is performing his or her official duties, |
22 |
| is guilty of a Class 4 felony.
|
23 |
| (c) Every person convicted of committing a violation of |
|
|
|
HB0508 Enrolled |
- 2 - |
LRB095 04052 DRH 24090 b |
|
|
1 |
| subsection (a)
shall
be guilty of aggravated reckless driving |
2 |
| if the violation results in great
bodily harm or permanent |
3 |
| disability or disfigurement to another. Except as provided in |
4 |
| subsection (d) of this Section, aggravated
Aggravated
reckless |
5 |
| driving is a Class 4 felony. |
6 |
| (d) Any person convicted of violating subsection (a), if |
7 |
| the violation causes great bodily harm or permanent disability |
8 |
| or disfigurement to a child or a school crossing guard while |
9 |
| the school crossing guard is performing his or her official |
10 |
| duties, is guilty of aggravated reckless driving. Aggravated |
11 |
| reckless driving under this subsection (d) is a Class 3 felony.
|
12 |
| (Source: P.A. 93-682, eff. 1-1-05.)
|
13 |
| Section 10. The Criminal Code of 1961 is amended by |
14 |
| changing Section 9-3 as follows:
|
15 |
| (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
|
16 |
| Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
|
17 |
| (a) A person who unintentionally kills an individual |
18 |
| without lawful
justification commits involuntary manslaughter |
19 |
| if his acts whether lawful
or unlawful which cause the death |
20 |
| are such as are likely to cause death or
great bodily harm to |
21 |
| some individual, and he performs them recklessly,
except in |
22 |
| cases in which the cause of the death consists of the driving |
23 |
| of
a motor vehicle or operating a snowmobile, all-terrain |
24 |
| vehicle, or watercraft,
in which case the person commits |
|
|
|
HB0508 Enrolled |
- 3 - |
LRB095 04052 DRH 24090 b |
|
|
1 |
| reckless homicide. A person commits reckless homicide if he or |
2 |
| she unintentionally kills an individual while driving a vehicle |
3 |
| and using an incline in a roadway, such as a railroad crossing, |
4 |
| bridge
approach, or hill, to cause the vehicle to become |
5 |
| airborne.
|
6 |
| (b) (Blank).
|
7 |
| (c) (Blank).
|
8 |
| (d) Sentence.
|
9 |
| (1) Involuntary manslaughter is a Class 3 felony.
|
10 |
| (2) Reckless homicide is a Class 3 felony.
|
11 |
| (e) (Blank). |
12 |
| (e-2) Except as provided in subsection (e-3), in cases |
13 |
| involving reckless homicide in which the offense is committed |
14 |
| upon a public thoroughfare where children pass going to and |
15 |
| from school when a school crossing guard is performing official |
16 |
| duties, the penalty is a Class 2 felony, for which a
person, if |
17 |
| sentenced to a term of imprisonment, shall be sentenced to a |
18 |
| term of
not less than 3 years and not more than 14 years. |
19 |
| (e-3) In cases involving reckless homicide in which (i) the |
20 |
| offense is committed upon a public thoroughfare where children |
21 |
| pass going to and from school when a school crossing guard is |
22 |
| performing official duties and (ii) the defendant causes the |
23 |
| 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.
|
|
|
|
HB0508 Enrolled |
- 4 - |
LRB095 04052 DRH 24090 b |
|
|
1 |
| (e-5) (Blank).
|
2 |
| (e-7) Except as otherwise provided in subsection (e-8), in |
3 |
| cases involving
reckless homicide in which the defendant was
|
4 |
| driving in a construction or maintenance zone, as defined in |
5 |
| Section 11-605
of the Illinois Vehicle Code,
the penalty is a |
6 |
| Class 2 felony, for which a
person, if sentenced to a term of |
7 |
| imprisonment, shall be sentenced to a term of
not less than 3 |
8 |
| years and not more than 14 years.
|
9 |
| (e-8) In cases involving reckless homicide in which the |
10 |
| defendant was
driving in a construction or maintenance zone, as |
11 |
| defined in Section 11-605
of the Illinois Vehicle Code, and |
12 |
| caused the deaths of 2 or more persons as
part of a single |
13 |
| course of conduct,
the penalty is a Class 2 felony, for which a
|
14 |
| person, if sentenced to a term of imprisonment, shall be |
15 |
| sentenced to a term of
not less than 6 years and not more than |
16 |
| 28 years.
|
17 |
| (e-9) In cases involving reckless homicide in which the |
18 |
| defendant drove a vehicle and used an incline in a roadway, |
19 |
| such as a railroad crossing, bridge
approach, or hill, to cause |
20 |
| the vehicle to become airborne, and caused the deaths of 2 or |
21 |
| more persons as
part of a single course of conduct,
the penalty |
22 |
| is a Class 2 felony.
|
23 |
| (f) In cases involving involuntary manslaughter in which |
24 |
| the victim was a
family or household member as defined in |
25 |
| paragraph (3) of Section 112A-3 of the
Code of
Criminal |
26 |
| Procedure of 1963, the penalty shall be a Class 2 felony, for |