Full Text of HB5681 95th General Assembly
HB5681 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5681
Introduced , by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961. Creates the offense of vehicular homicide. Provides that a person commits the offense if he or she unintentionally kills an individual or an unborn child while operating or in actual physical control of a motor vehicle, motorcycle, snowmobile, or watercraft if the death is the proximate result of committing a violation of the Illinois Vehicle Code, the Boat Registration and Safety Act, the Wildlife Code, the Fish and Aquatic Life Code, or the Snowmobile Registration and Safety Act. Establishes penalties.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5681 |
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LRB095 17881 RLC 43961 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 adding | 5 |
| Section 9-3.4 as follows: | 6 |
| (720 ILCS 5/9-3.4 new) | 7 |
| Sec. 9-3.4. Vehicular homicide. | 8 |
| (a) A person who unintentionally kills an individual or an | 9 |
| unborn child while operating or in actual physical control of a | 10 |
| motor vehicle, motorcycle, snowmobile, or watercraft, commits | 11 |
| vehicular homicide if the death is the proximate result of | 12 |
| committing a violation of the Illinois Vehicle Code, the Boat | 13 |
| Registration and Safety Act, the Wildlife Code, the Fish and | 14 |
| Aquatic Life Code, or the Snowmobile Registration and Safety | 15 |
| Act. | 16 |
| (b) Sentence. | 17 |
| (1) Except as otherwise provided in paragraphs (2) and (3) | 18 |
| of this subsection (b), a person who commits a violation of | 19 |
| subsection (a) of this Section is guilty of a Class A | 20 |
| misdemeanor. | 21 |
| (2) A person who commits a violation of subsection (a) of | 22 |
| this Section while operating or in actual physical control of a | 23 |
| motor vehicle, motorcycle, snowmobile, or watercraft and who is |
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HB5681 |
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LRB095 17881 RLC 43961 b |
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| not licensed to drive a motor vehicle or a motorcycle under the | 2 |
| Illinois Vehicle Code or who is not authorized to operate a | 3 |
| snowmobile under the Snowmobile Registration and Safety Act or | 4 |
| who is not authorized to operate a watercraft under the Boat | 5 |
| Registration and Safety Act or who is operating such motor | 6 |
| vehicle, motorcycle, snowmobile, or watercraft illegally is | 7 |
| guilty of a Class 4 felony. | 8 |
| (3) A second or subsequent conviction for a violation of | 9 |
| subsection (a) of this Section is a Class 4 felony. | 10 |
| (c) For purposes of this Section, "unborn child" means any
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| individual of the human species from fertilization until birth.
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