Full Text of HB0508 95th General Assembly
HB0508eng 95TH GENERAL ASSEMBLY
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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 | 5 |
| 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 | 8 |
| driving ; aggravated reckless driving where a school crossing | 9 |
| guard is performing official duties .
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| (a) A
person commits reckless driving if he or she: | 11 |
| (1) drives any vehicle with
a willful or wanton | 12 |
| disregard for the safety of persons or property; or | 13 |
| (2) knowingly drives a vehicle and uses an incline in a | 14 |
| roadway, such as a railroad crossing, bridge
approach, or | 15 |
| hill, to cause the vehicle to become airborne.
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| (b) Every person convicted of reckless driving shall be | 17 |
| guilty of a
Class A misdemeanor, except as provided under | 18 |
| subsection (c) of this
Section.
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| (c) Every person convicted of committing a violation of | 20 |
| subsection (a)
shall
be guilty of aggravated reckless driving | 21 |
| if the violation results in great
bodily harm or permanent | 22 |
| disability or disfigurement to another. Aggravated
reckless | 23 |
| driving is a Class 4 felony. |
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| (d) A person who violates this Section, if the violation | 2 |
| causes
bodily injury to a child or a school crossing guard | 3 |
| while the school crossing guard is performing his or her | 4 |
| official duties, is guilty of aggravated reckless
driving where | 5 |
| a school crossing guard is performing official duties. | 6 |
| Aggravated reckless
driving where a school crossing guard | 7 |
| 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 | 10 |
| 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 | 14 |
| without lawful
justification commits involuntary manslaughter | 15 |
| if his acts whether lawful
or unlawful which cause the death | 16 |
| are such as are likely to cause death or
great bodily harm to | 17 |
| some individual, and he performs them recklessly,
except in | 18 |
| cases in which the cause of the death consists of the driving | 19 |
| of
a motor vehicle or operating a snowmobile, all-terrain | 20 |
| vehicle, or watercraft,
in which case the person commits | 21 |
| reckless homicide. A person commits reckless homicide if he or | 22 |
| she unintentionally kills an individual while driving a vehicle | 23 |
| and using an incline in a roadway, such as a railroad crossing, | 24 |
| 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). | 8 |
| (e-2) Except as provided in subsection (e-3), in cases | 9 |
| involving reckless homicide in which the offense is committed | 10 |
| upon a public thoroughfare where children pass going to and | 11 |
| from school when a school crossing guard is performing official | 12 |
| duties, the penalty is a Class 2 felony, for which a
person, if | 13 |
| sentenced to a term of imprisonment, shall be sentenced to a | 14 |
| term of
not less than 3 years and not more than 14 years. | 15 |
| (e-3) In cases involving reckless homicide in which (i) the | 16 |
| offense is committed upon a public thoroughfare where children | 17 |
| pass going to and from school when a school crossing guard is | 18 |
| performing official duties and (ii) the defendant causes the | 19 |
| deaths of 2 or more persons as part of a single course of | 20 |
| conduct, the penalty is a Class 2 felony, for which a
person, | 21 |
| if sentenced to a term of imprisonment, shall be sentenced to a | 22 |
| 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 | 25 |
| 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 | 2 |
| Class 2 felony, for which a
person, if sentenced to a term of | 3 |
| imprisonment, shall be sentenced to a term of
not less than 3 | 4 |
| years and not more than 14 years.
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| (e-8) In cases involving reckless homicide in which the | 6 |
| defendant was
driving in a construction or maintenance zone, as | 7 |
| defined in Section 11-605
of the Illinois Vehicle Code, and | 8 |
| caused the deaths of 2 or more persons as
part of a single | 9 |
| 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 | 11 |
| sentenced to a term of
not less than 6 years and not more than | 12 |
| 28 years.
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| (e-9) In cases involving reckless homicide in which the | 14 |
| defendant drove a vehicle and used an incline in a roadway, | 15 |
| such as a railroad crossing, bridge
approach, or hill, to cause | 16 |
| the vehicle to become airborne, and caused the deaths of 2 or | 17 |
| more persons as
part of a single course of conduct,
the penalty | 18 |
| is a Class 2 felony.
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| (f) In cases involving involuntary manslaughter in which | 20 |
| the victim was a
family or household member as defined in | 21 |
| paragraph (3) of Section 112A-3 of the
Code of
Criminal | 22 |
| Procedure of 1963, the penalty shall be a Class 2 felony, for | 23 |
| which a
person if sentenced to a term of imprisonment, shall be | 24 |
| sentenced to a term of
not less than 3 years and not more than | 25 |
| 14 years.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, |
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| eff. 7-18-03; 93-682, eff. 1-1-05.)
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