Full Text of SB3015 93rd General Assembly
SB3015 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3015
Introduced 2/6/2004, by Don Harmon SYNOPSIS AS INTRODUCED:
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720 ILCS 5/9-3 |
from Ch. 38, par. 9-3 |
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Amends the Criminal Code of 1961. Makes technical changes in the Section concerning involuntary manslaughter and reckless homicide.
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A BILL FOR
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SB3015 |
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LRB093 21099 RLC 47148 b |
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| AN ACT concerning criminal law.
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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 Criminal Code of 1961 is amended by changing | | 5 |
| Section 9-3 as follows:
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| (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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| (Text of Section before amendment by P.A. 93-178)
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| Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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| (a) A person who unintentionally kills an individual | | 10 |
| without lawful
justification commits involuntary manslaughter | | 11 |
| if his or her acts whether lawful
or unlawful which cause the | | 12 |
| death are such as are likely to cause death or
great bodily | | 13 |
| harm to some individual, and he or she performs them | | 14 |
| recklessly,
except in cases in which the cause of the death | | 15 |
| consists of the driving of
a motor vehicle or operating a | | 16 |
| snowmobile, all-terrain vehicle, or watercraft,
in which case | | 17 |
| the person commits reckless homicide.
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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-5) (Blank).
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| (f) In cases involving involuntary manslaughter in which | | 26 |
| the victim was a
family or household member as defined in | | 27 |
| paragraph (3) of Section 112A-3 of the
Code of
Criminal | | 28 |
| Procedure of 1963, the penalty shall be a Class 2 felony, for | | 29 |
| which a
person if sentenced to a term of imprisonment, shall be | | 30 |
| sentenced to a term of
not less than 3 years and not more than | | 31 |
| 14 years.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-213, eff. 7-18-03.)
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SB3015 |
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LRB093 21099 RLC 47148 b |
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| | 1 |
| (Text of Section after amendment by P.A. 93-178)
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| Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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| (a) A person who unintentionally kills an individual | | 4 |
| without lawful
justification commits involuntary manslaughter | | 5 |
| if his or her acts whether lawful
or unlawful which cause the | | 6 |
| death are such as are likely to cause death or
great bodily | | 7 |
| harm to some individual, and he or she performs them | | 8 |
| recklessly,
except in cases in which the cause of the death | | 9 |
| consists of the driving of
a motor vehicle or operating a | | 10 |
| snowmobile, all-terrain vehicle, or watercraft,
in which case | | 11 |
| the person commits reckless homicide.
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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). subsections, (e-7), and (e-8)
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| (e-5) (Blank).
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| (e-7) Except as otherwise provided in subsection (e-8), in | | 20 |
| cases involving
reckless homicide in which the defendant was
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| driving in a construction or maintenance zone, as defined in | | 22 |
| Section 11-605
of the Illinois Vehicle Code,
the penalty is a | | 23 |
| Class 2 felony, for which a
person, if sentenced to a term of | | 24 |
| imprisonment, shall be sentenced to a term of
not less than 3 | | 25 |
| years and not more than 14 years.
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| (e-8) In cases involving reckless homicide in which the | | 27 |
| defendant was
driving in a construction or maintenance zone, as | | 28 |
| defined in Section 11-605
of the Illinois Vehicle Code, and | | 29 |
| caused the deaths of 2 or more persons as
part of a single | | 30 |
| 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 | | 32 |
| sentenced to a term of
not less than 6 years and not more than | | 33 |
| 28 years.
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| (f) In cases involving involuntary manslaughter in which | | 35 |
| the victim was a
family or household member as defined in |
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SB3015 |
- 3 - |
LRB093 21099 RLC 47148 b |
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| | 1 |
| paragraph (3) of Section 112A-3 of the
Code of
Criminal | | 2 |
| Procedure of 1963, the penalty shall be a Class 2 felony, for | | 3 |
| which a
person if sentenced to a term of imprisonment, shall be | | 4 |
| sentenced to a term of
not less than 3 years and not more than | | 5 |
| 14 years.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, | | 7 |
| eff.
7-18-03; revised 7-28-03.)
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