093_HB2913eng

 
HB2913 Engrossed                     LRB093 06952 RLC 07098 b

 1        AN ACT in relation to 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  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 may be, but need not be, taken
21    into consideration by the trier of fact as shall be  presumed
22    to be evidence of a reckless act unless disproved by evidence
23    to the contrary.
24        (c)  For  the purposes of this Section, a person shall be
25    considered to be under the  influence  of  alcohol  or  other
26    drugs while:
27             1.  The  alcohol concentration in the person's blood
28        or breath is 0.08 or more  based  on  the  definition  of
29        blood  and  breath  units  in  Section  11-501.2  of  the
30        Illinois Vehicle Code;
31             2.  Under  the influence of alcohol to a degree that
 
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 1        renders the person incapable of safely  driving  a  motor
 2        vehicle  or  operating a snowmobile, all-terrain vehicle,
 3        or watercraft;
 4             3.  Under  the  influence  of  any  other  drug   or
 5        combination  of drugs to a degree that renders the person
 6        incapable of safely driving a motor vehicle or  operating
 7        a snowmobile, all-terrain vehicle, or watercraft; or
 8             4.  Under  the combined influence of alcohol and any
 9        other drug or drugs to a degree which renders the  person
10        incapable  of safely driving a motor vehicle or operating
11        a snowmobile, all-terrain vehicle, or watercraft.
12        (d)  Sentence.
13             (1)  Involuntary manslaughter is a Class 3 felony.
14             (2)  Reckless homicide is a Class 3 felony.
15        (e)  Except as otherwise provided in subsection (e-5), in
16    cases involving reckless homicide in which the defendant  was
17    determined to have been under the influence of alcohol or any
18    other drug or drugs as an element of the offense, or in cases
19    in which the defendant is proven beyond a reasonable doubt to
20    have been under the influence of alcohol or any other drug or
21    drugs,  the  penalty  shall  be a Class 2 felony, for which a
22    person, if sentenced to a  term  of  imprisonment,  shall  be
23    sentenced  to  a  term  of not less than 3 years and not more
24    than 14 years.
25        (e-5)  In cases involving reckless homicide in which  the
26    defendant  was determined to have been under the influence of
27    alcohol or any other drug or  drugs  as  an  element  of  the
28    offense,  or in cases in which the defendant is proven beyond
29    a reasonable doubt  to  have  been  under  the  influence  of
30    alcohol  or any other drug or drugs, if the defendant kills 2
31    or more individuals as part of a single  course  of  conduct,
32    the  penalty  is  a  Class  2  felony, for which a person, if
33    sentenced to a term of imprisonment, shall be sentenced to  a
34    term of not less than 6 years and not more than 28 years.
 
HB2913 Engrossed            -3-      LRB093 06952 RLC 07098 b
 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
 6    be sentenced to a term of not less than 3 years and not  more
 7    than 14 years.
 8    (Source: P.A.  91-6, eff. 1-1-00; 91-122, eff. 1-1-00; 92-16,
 9    eff. 6-28-01.)