Full Text of HB4203 95th General Assembly
HB4203sam001 95TH GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 5/12/2008
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LRB095 15139 RLC 50758 a |
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| AMENDMENT TO HOUSE BILL 4203
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| AMENDMENT NO. ______. Amend House Bill 4203 on page 3, by | 3 |
| replacing lines 3 through 9 with the following: | 4 |
| "Section 11-501 of this Code. Imposition of the penalties | 5 |
| authorized "; and
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| by replacing lines 24 through 26 on page 3 and line 1 on page 4 | 7 |
| with the following: | 8 |
| "(g) If a violation of subsection (c) of this Section | 9 |
| results in the death of
another person, in addition to any | 10 |
| other penalty imposed,
the person's driving privileges shall be | 11 |
| suspended for 2 years."; and | 12 |
| on page 4, by inserting immediately below line 10 the | 13 |
| following: | 14 |
| "Section 10. The Criminal Code of 1961 is amended by | 15 |
| 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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| (Text of Section after amendment by P.A. 95-467, 95-551, | 3 |
| and 95-587 ) | 4 |
| Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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| (a) A person who unintentionally kills an individual | 6 |
| without lawful
justification commits involuntary manslaughter | 7 |
| if his acts whether lawful
or unlawful which cause the death | 8 |
| are such as are likely to cause death or
great bodily harm to | 9 |
| some individual, and he performs them recklessly,
except in | 10 |
| cases in which the cause of the death consists of the driving | 11 |
| of
a motor vehicle or operating a snowmobile, all-terrain | 12 |
| vehicle, or watercraft,
in which case the person commits | 13 |
| reckless homicide. A person commits reckless homicide if he or | 14 |
| she unintentionally kills an individual while driving a vehicle | 15 |
| and using an incline in a roadway, such as a railroad crossing, | 16 |
| bridge
approach, or hill, to cause the vehicle to become | 17 |
| 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-2) Except as provided in subsection (e-3), in cases | 25 |
| involving reckless homicide in which the offense is committed |
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| upon a public thoroughfare where children pass going to and | 2 |
| from school when a school crossing guard is performing official | 3 |
| duties, the penalty is a Class 2 felony, for which a
person, if | 4 |
| sentenced to a term of imprisonment, shall be sentenced to a | 5 |
| term of
not less than 3 years and not more than 14 years. | 6 |
| (e-3) In cases involving reckless homicide in which (i) the | 7 |
| offense is committed upon a public thoroughfare where children | 8 |
| pass going to and from school when a school crossing guard is | 9 |
| performing official duties and (ii) the defendant causes the | 10 |
| deaths of 2 or more persons as part of a single course of | 11 |
| conduct, the penalty is a Class 2 felony, for which a
person, | 12 |
| if sentenced to a term of imprisonment, shall be sentenced to a | 13 |
| 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 | 16 |
| cases involving
reckless homicide in which the defendant: (1)
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| was
driving in a construction or maintenance zone, as defined | 18 |
| in Section 11-605.1
of the Illinois Vehicle Code, or (2) was | 19 |
| operating a vehicle while failing or refusing to comply with | 20 |
| any lawful order or direction of any authorized police officer | 21 |
| or traffic control aide engaged in traffic control,
the penalty | 22 |
| is a Class 2 felony, for which a
person, if sentenced to a term | 23 |
| of imprisonment, shall be sentenced to a term of
not less than | 24 |
| 3 years and not more than 14 years.
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| (e-8) In cases involving reckless homicide in which the | 26 |
| defendant caused the deaths of 2 or more persons as part of a |
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| single course of conduct and: (1) was
driving in a construction | 2 |
| or maintenance zone, as defined in Section 11-605.1
of the | 3 |
| Illinois Vehicle Code, or (2) was operating a vehicle while | 4 |
| failing or refusing to comply with any lawful order or | 5 |
| direction of any authorized police officer or traffic control | 6 |
| aide engaged in traffic control,
the penalty is a Class 2 | 7 |
| felony, for which a
person, if sentenced to a term of | 8 |
| imprisonment, shall be sentenced to a term of
not less than 6 | 9 |
| years and not more than 28 years.
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| (e-9) In cases involving reckless homicide in which the | 11 |
| defendant drove a vehicle and used an incline in a roadway, | 12 |
| such as a railroad crossing, bridge
approach, or hill, to cause | 13 |
| the vehicle to become airborne, and caused the deaths of 2 or | 14 |
| more persons as
part of a single course of conduct,
the penalty | 15 |
| is a Class 2 felony.
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| (e-10) In cases involving involuntary manslaughter or | 17 |
| reckless homicide resulting in the death of a peace officer | 18 |
| killed in the performance of his or her duties as a peace | 19 |
| officer, the penalty is a Class 2 felony.
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| (e-11)
(e-10) In cases involving reckless homicide in which | 21 |
| the defendant unintentionally kills an individual while | 22 |
| driving in a posted school zone, as defined in Section 11-605 | 23 |
| of the Illinois Vehicle Code, while children are present or in | 24 |
| a construction or maintenance zone, as defined in Section | 25 |
| 11-605.1 of the Illinois Vehicle Code, when construction or | 26 |
| maintenance workers are present the trier of fact may infer |
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| that the defendant's actions were performed recklessly where he | 2 |
| or she was also either driving at a speed of more than 20 miles | 3 |
| per hour in excess of the posted speed limit or violating | 4 |
| Section 11-501 of the Illinois Vehicle Code.
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| (e-12) In cases involving reckless homicide in which the | 6 |
| defendant unintentionally kills an individual, the trier of | 7 |
| fact may infer that the defendant's actions were performed | 8 |
| recklessly where he or she was also violating subsection (c) of | 9 |
| Section 11-907 of the Illinois Vehicle Code. The penalty for a | 10 |
| reckless homicide in which the driver also violated subsection | 11 |
| (c) of Section 11-907 of the Illinois Vehicle Code is a Class 2 | 12 |
| felony, for which a person, if sentenced to a term of | 13 |
| imprisonment, shall be sentenced to a term of not less than 3 | 14 |
| years and not more than 14 years. | 15 |
| (f) In cases involving involuntary manslaughter in which | 16 |
| the victim was a
family or household member as defined in | 17 |
| paragraph (3) of Section 112A-3 of the
Code of
Criminal | 18 |
| Procedure of 1963, the penalty shall be a Class 2 felony, for | 19 |
| which a
person if sentenced to a term of imprisonment, shall be | 20 |
| sentenced to a term of
not less than 3 years and not more than | 21 |
| 14 years.
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| (Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, | 23 |
| eff. 6-1-08; 95-591, eff. 9-10-07; revised 10-30-07.)".
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