Full Text of HB2758 95th General Assembly
HB2758ham001 95TH GENERAL ASSEMBLY
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Rep. Edward J. Acevedo
Filed: 4/26/2007
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LRB095 00952 RLC 35593 a |
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| AMENDMENT TO HOUSE BILL 2758
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| AMENDMENT NO. ______. Amend House Bill 2758 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| changing Sections 9-3 and 12-2 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 | 9 |
| without lawful
justification commits involuntary manslaughter | 10 |
| if his acts whether lawful
or unlawful which cause the death | 11 |
| are such as are likely to cause death or
great bodily harm to | 12 |
| some individual, and he performs them recklessly,
except in | 13 |
| cases in which the cause of the death consists of the driving | 14 |
| of
a motor vehicle or operating a snowmobile, all-terrain | 15 |
| vehicle, or watercraft,
in which case the person commits | 16 |
| reckless homicide. A person commits reckless homicide if he or |
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LRB095 00952 RLC 35593 a |
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| she unintentionally kills an individual while driving a vehicle | 2 |
| and using an incline in a roadway, such as a railroad crossing, | 3 |
| bridge
approach, or hill, to cause the vehicle to become | 4 |
| 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-5) (Blank).
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| (e-7) Except as otherwise provided in subsection (e-8), in | 13 |
| cases involving
reckless homicide in which the defendant : (1)
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| was
driving in a construction or maintenance zone, as defined | 15 |
| in Section 11-605
of the Illinois Vehicle Code , or (2) was | 16 |
| operating a vehicle while willfully failing or refusing to | 17 |
| comply with any lawful order or direction of any authorized | 18 |
| police officer or traffic control aide engaged in traffic | 19 |
| control ,
the penalty is a Class 2 felony, for which a
person, | 20 |
| if sentenced to a term of imprisonment, shall be sentenced to a | 21 |
| term of
not less than 3 years and not more than 14 years.
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| (e-8) In cases involving reckless homicide in which the | 23 |
| defendant caused the deaths of 2 or more persons as part of a | 24 |
| single course of conduct and: (1) was
driving in a construction | 25 |
| or maintenance zone, as defined in Section 11-605
of the | 26 |
| Illinois Vehicle Code, or (2) was operating a vehicle while |
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LRB095 00952 RLC 35593 a |
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| willfully failing or refusing to comply with any lawful order | 2 |
| or direction of any authorized police officer or traffic | 3 |
| control aide engaged in traffic control
and caused the deaths | 4 |
| of 2 or more persons as
part of a single course of conduct ,
the | 5 |
| penalty is a Class 2 felony, for which a
person, if sentenced | 6 |
| to a term of imprisonment, shall be sentenced to a term of
not | 7 |
| less than 6 years and not more than 28 years.
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| (e-9) In cases involving reckless homicide in which the | 9 |
| defendant drove a vehicle and used an incline in a roadway, | 10 |
| such as a railroad crossing, bridge
approach, or hill, to cause | 11 |
| the vehicle to become airborne, and caused the deaths of 2 or | 12 |
| more persons as
part of a single course of conduct,
the penalty | 13 |
| is a Class 2 felony.
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| (f) In cases involving involuntary manslaughter in which | 15 |
| the victim was a
family or household member as defined in | 16 |
| paragraph (3) of Section 112A-3 of the
Code of
Criminal | 17 |
| Procedure of 1963, the penalty shall be a Class 2 felony, for | 18 |
| which a
person if sentenced to a term of imprisonment, shall be | 19 |
| sentenced to a term of
not less than 3 years and not more than | 20 |
| 14 years.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, | 22 |
| eff. 7-18-03; 93-682, eff. 1-1-05.)
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| (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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| Sec. 12-2. Aggravated assault.
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| (a) A person commits an aggravated assault, when, in |
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LRB095 00952 RLC 35593 a |
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| committing an
assault, he:
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| (1) Uses a deadly weapon or any device manufactured and | 3 |
| designed to be
substantially similar in appearance to a | 4 |
| firearm, other than by
discharging a firearm in the | 5 |
| direction of another person, a peace
officer, a person | 6 |
| summoned or directed by a peace officer, a correctional
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| officer or a fireman or in the direction of a vehicle | 8 |
| occupied by another
person, a peace officer, a person | 9 |
| summoned or directed by a peace officer,
a correctional | 10 |
| officer or a fireman while the officer or fireman is
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| engaged in the execution of any of his official duties, or | 12 |
| to prevent the
officer or fireman from performing his | 13 |
| official duties, or in retaliation
for the officer or | 14 |
| fireman performing his official duties;
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| (2) Is hooded, robed or masked in such manner as to | 16 |
| conceal his
identity or any device manufactured and | 17 |
| designed to be substantially
similar in appearance to a | 18 |
| firearm;
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| (3) Knows the individual assaulted to be a teacher or | 20 |
| other person
employed in any school and such teacher or | 21 |
| other employee is upon the
grounds of a school or grounds | 22 |
| adjacent thereto, or is in any part of a
building used for | 23 |
| school purposes;
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| (4) Knows the individual assaulted to be a supervisor, | 25 |
| director,
instructor or other person employed in any park | 26 |
| district and such
supervisor, director, instructor or |
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| other employee is upon the grounds of
the park or grounds | 2 |
| adjacent thereto, or is in any part of a building used
for | 3 |
| park purposes;
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| (5) Knows the individual assaulted to be a caseworker, | 5 |
| investigator, or
other person employed by the Department of | 6 |
| Healthcare and Family Services (formerly State Department | 7 |
| of Public Aid ) , a
County
Department of Public Aid, or the | 8 |
| Department of Human Services (acting as
successor to the | 9 |
| Illinois Department of Public Aid under the Department of
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| Human Services Act) and such caseworker, investigator, or | 11 |
| other person
is upon the grounds of a public aid office or | 12 |
| grounds adjacent thereto, or
is in any part of a building | 13 |
| used for public aid purposes, or upon the
grounds of a home | 14 |
| of a public aid applicant, recipient or any other person
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| being interviewed or investigated in the employees' | 16 |
| discharge of his
duties, or on grounds adjacent thereto, or | 17 |
| is in any part of a building in
which the applicant, | 18 |
| recipient, or other such person resides or is located;
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| (6) Knows the individual assaulted to be a peace | 20 |
| officer, or a community
policing volunteer, or a fireman
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| while the officer or fireman is engaged in the execution of | 22 |
| any of his
official duties, or to prevent the officer, | 23 |
| community policing volunteer,
or fireman from performing
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| his official duties, or in retaliation for the officer, | 25 |
| community policing
volunteer, or fireman
performing his | 26 |
| official duties, and the assault is committed other than by
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| the discharge of a firearm in the direction of the officer | 2 |
| or fireman or
in the direction of a vehicle occupied by the | 3 |
| officer or fireman;
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| (7) Knows the individual assaulted to be
an emergency | 5 |
| medical technician - ambulance, emergency medical
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| technician - intermediate, emergency medical technician - | 7 |
| paramedic, ambulance
driver or other medical
assistance or | 8 |
| first aid personnel engaged in the
execution of any of his | 9 |
| official duties, or to prevent the
emergency medical | 10 |
| technician - ambulance, emergency medical
technician - | 11 |
| intermediate, emergency medical technician - paramedic,
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| ambulance driver, or other medical assistance or first aid | 13 |
| personnel from
performing his official duties, or in | 14 |
| retaliation for the
emergency medical technician - | 15 |
| ambulance, emergency medical
technician - intermediate, | 16 |
| emergency medical technician - paramedic,
ambulance | 17 |
| driver, or other medical assistance or first aid personnel
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| performing his official duties;
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| (8) Knows the individual assaulted to be the driver, | 20 |
| operator, employee
or passenger of any transportation | 21 |
| facility or system engaged in the
business of | 22 |
| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using | 24 |
| such public
transportation as a passenger or using any area | 25 |
| of any description
designated by the transportation | 26 |
| facility or system as a vehicle boarding,
departure, or |
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| transfer location;
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| (9) Or the individual assaulted is on or about a public | 3 |
| way, public
property, or public place of accommodation or | 4 |
| amusement;
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| (9.5) Is, or the individual assaulted is, in or about a | 6 |
| publicly or privately owned sports or entertainment arena, | 7 |
| stadium, community or convention hall, special event | 8 |
| center, amusement facility, or a special event center in a | 9 |
| public park during any 24-hour period when a professional | 10 |
| sporting event, National Collegiate Athletic Association | 11 |
| (NCAA)-sanctioned sporting event, United States Olympic | 12 |
| Committee-sanctioned sporting event, or International | 13 |
| Olympic Committee-sanctioned sporting event is taking | 14 |
| place in this venue;
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| (10) Knows the individual assaulted to be an employee | 16 |
| of the State of
Illinois, a municipal corporation therein | 17 |
| or a political subdivision
thereof, engaged in the | 18 |
| performance of his authorized duties as such
employee;
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| (11) Knowingly and without legal justification, | 20 |
| commits an assault on
a physically handicapped person;
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| (12) Knowingly and without legal justification, | 22 |
| commits an assault on a
person 60 years of age or older;
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| (13) Discharges a firearm;
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| (14) Knows the individual assaulted to be a | 25 |
| correctional officer, while
the officer is engaged in the | 26 |
| execution of any of his or her official duties,
or to |
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| prevent the officer from performing his or her official | 2 |
| duties, or in
retaliation for the officer performing his or | 3 |
| her official duties;
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| (15) Knows the individual assaulted to be a | 5 |
| correctional employee or
an employee of the Department of | 6 |
| Human Services supervising or controlling
sexually | 7 |
| dangerous persons or sexually violent persons, while
the | 8 |
| employee is engaged in the execution of any of his or her | 9 |
| official duties,
or to prevent the employee from performing | 10 |
| his or her official duties, or in
retaliation for the | 11 |
| employee performing his or her official duties, and the
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| assault is committed other than by the discharge of a | 13 |
| firearm in the direction
of the employee or in the | 14 |
| direction of a vehicle occupied by the employee;
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| (16) Knows the individual assaulted to be an employee | 16 |
| of a police or
sheriff's department , or a person who is | 17 |
| employed by a municipality and whose duties include traffic | 18 |
| control, engaged in the performance of his or her official | 19 |
| duties
as such employee; or
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| (17) Knows the individual assaulted to be a sports | 21 |
| official or coach at any level of competition and the act | 22 |
| causing the assault to the sports official or coach | 23 |
| occurred within an athletic facility or an indoor or | 24 |
| outdoor playing field or within the immediate vicinity of | 25 |
| the athletic facility or an indoor or outdoor playing field | 26 |
| at which the sports official or coach was an active |
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| participant in the athletic contest held at the athletic | 2 |
| facility. For the purposes of this paragraph (17), "sports | 3 |
| official" means a person at an athletic contest who | 4 |
| enforces the rules of the contest, such as an umpire or | 5 |
| referee; and "coach" means a person recognized as a coach | 6 |
| by the sanctioning authority that conducted the athletic | 7 |
| contest ; or .
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| (18) Knows the individual assaulted to be an emergency | 9 |
| management
worker, while the emergency management worker | 10 |
| is engaged in the execution of
any of his or her official | 11 |
| duties,
or to prevent the emergency management worker from | 12 |
| performing his or her
official duties, or in retaliation | 13 |
| for the emergency management worker
performing his or her | 14 |
| official duties, and the assault is committed other than
by | 15 |
| the discharge of a firearm in the direction of the | 16 |
| emergency management
worker or in the direction of a | 17 |
| vehicle occupied by the emergency management
worker.
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| (a-5) A person commits an aggravated assault when he or she | 19 |
| knowingly and
without lawful justification shines or flashes a | 20 |
| laser gunsight or other laser
device that is attached or | 21 |
| affixed to a firearm, or used in concert with a
firearm, so | 22 |
| that the laser beam strikes near or in the immediate vicinity | 23 |
| of
any person.
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| (b) Sentence.
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| Aggravated assault as defined in paragraphs (1) through (5) | 26 |
| and (8) through
(12) and (17) of subsection (a) of this Section |
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| is a Class A misdemeanor. Aggravated
assault as defined in | 2 |
| paragraphs (13), (14), and (15) of subsection (a) of this
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| Section and as defined in subsection (a-5) of this Section is a | 4 |
| Class 4
felony. Aggravated assault as defined in paragraphs
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| (6), (7), (16), and (18) of
subsection (a) of this Section is a | 6 |
| Class A misdemeanor if a firearm is not
used in the commission | 7 |
| of the assault. Aggravated assault as defined in
paragraphs | 8 |
| (6), (7), (16), and (18) of subsection (a) of this
Section is a | 9 |
| Class 4 felony if a firearm is used in the commission of the
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| assault.
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| (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482, | 12 |
| eff. 1-1-06; revised 12-15-05.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.".
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