Full Text of HB0524 96th General Assembly
HB0524 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0524
Introduced 2/4/2009, by Rep. Lou Lang 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. Provides that the penalty for reckless homicide when the defendant was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the driving under the influence of alcohol or drugs was a proximate cause of the death is a Class 2 felony, for which the defendant, unless the court determines that extraordinary circumstances exist and require probation, shall be sentenced to: (i) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted in the death of one person; or (ii) a term of imprisonment of not less than 6 years and not more than 28 years if the violation resulted in the deaths of 2 or more persons. Provides that in such cases, the trier of fact may infer that the defendant's actions were performed recklessly. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0524 |
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LRB096 04552 RLC 14607 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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| 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 | 17 |
| she unintentionally kills an individual while driving a vehicle | 18 |
| and using an incline in a roadway, such as a railroad crossing, | 19 |
| bridge
approach, or hill, to cause the vehicle to become | 20 |
| airborne.
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| (b) (Blank).
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| (c) (Blank).
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| (d) Sentence.
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HB0524 |
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LRB096 04552 RLC 14607 b |
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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 | 5 |
| involving reckless homicide in which the offense is committed | 6 |
| upon a public thoroughfare where children pass going to and | 7 |
| from school when a school crossing guard is performing official | 8 |
| duties, the penalty is a Class 2 felony, for which a
person, if | 9 |
| sentenced to a term of imprisonment, shall be sentenced to a | 10 |
| term of
not less than 3 years and not more than 14 years. | 11 |
| (e-3) In cases involving reckless homicide in which (i) the | 12 |
| offense is committed upon a public thoroughfare where children | 13 |
| pass going to and from school when a school crossing guard is | 14 |
| performing official duties and (ii) the defendant causes the | 15 |
| deaths of 2 or more persons as part of a single course of | 16 |
| conduct, the penalty is a Class 2 felony, for which a
person, | 17 |
| if sentenced to a term of imprisonment, shall be sentenced to a | 18 |
| 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 | 21 |
| cases involving
reckless homicide in which the defendant: (1)
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| was
driving in a construction or maintenance zone, as defined | 23 |
| in Section 11-605.1
of the Illinois Vehicle Code, or (2) was | 24 |
| operating a vehicle while failing or refusing to comply with | 25 |
| any lawful order or direction of any authorized police officer | 26 |
| or traffic control aide engaged in traffic control,
the penalty |
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HB0524 |
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LRB096 04552 RLC 14607 b |
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| is a Class 2 felony, for which a
person, if sentenced to a term | 2 |
| of imprisonment, shall be sentenced to a term of
not less than | 3 |
| 3 years and not more than 14 years.
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| (e-8) In cases involving reckless homicide in which the | 5 |
| defendant caused the deaths of 2 or more persons as part of a | 6 |
| single course of conduct and: (1) was
driving in a construction | 7 |
| or maintenance zone, as defined in Section 11-605.1
of the | 8 |
| Illinois Vehicle Code, or (2) was operating a vehicle while | 9 |
| failing or refusing to comply with any lawful order or | 10 |
| direction of any authorized police officer or traffic control | 11 |
| aide engaged in traffic control,
the penalty 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 6 | 14 |
| years and not more than 28 years.
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| (e-9) In cases involving reckless homicide in which the | 16 |
| defendant drove a vehicle and used an incline in a roadway, | 17 |
| such as a railroad crossing, bridge
approach, or hill, to cause | 18 |
| the vehicle to become airborne, and caused the deaths of 2 or | 19 |
| more persons as
part of a single course of conduct,
the penalty | 20 |
| is a Class 2 felony.
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| (e-10) In cases involving involuntary manslaughter or | 22 |
| reckless homicide resulting in the death of a peace officer | 23 |
| killed in the performance of his or her duties as a peace | 24 |
| officer, the penalty is a Class 2 felony.
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| (e-11)
In cases involving reckless homicide in which the | 26 |
| defendant unintentionally kills an individual while driving in |
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HB0524 |
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LRB096 04552 RLC 14607 b |
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| a posted school zone, as defined in Section 11-605 of the | 2 |
| Illinois Vehicle Code, while children are present or in a | 3 |
| construction or maintenance zone, as defined in Section | 4 |
| 11-605.1 of the Illinois Vehicle Code, when construction or | 5 |
| maintenance workers are present the trier of fact may infer | 6 |
| that the defendant's actions were performed recklessly where he | 7 |
| or she was also either driving at a speed of more than 20 miles | 8 |
| per hour in excess of the posted speed limit or violating | 9 |
| Section 11-501 of the Illinois Vehicle Code.
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| (e-12) Except as otherwise provided in subsection (e-13), | 11 |
| in cases involving
reckless homicide in which the offense was | 12 |
| committed as result
of a violation of subsection (c) of Section | 13 |
| 11-907 of the Illinois Vehicle Code,
the penalty is a Class 2 | 14 |
| felony, for which a
person, if sentenced to a term of | 15 |
| imprisonment, shall be sentenced to a term of
not less than 3 | 16 |
| years and not more than 14 years. | 17 |
| (e-13) In cases involving
reckless homicide in which the | 18 |
| offense was committed as result
of a violation of subsection | 19 |
| (c) of Section 11-907 of the Illinois Vehicle Code and the | 20 |
| defendant caused the deaths of 2 or more persons as
part of a | 21 |
| single course of conduct,
the penalty is a Class 2 felony, for | 22 |
| which a
person, if sentenced to a term of imprisonment, shall | 23 |
| be sentenced to a term of
not less than 6 years and not more | 24 |
| than 28 years.
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| (e-14)
(e-12) In cases involving reckless homicide in which | 26 |
| the defendant unintentionally kills an individual, the trier of |
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HB0524 |
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LRB096 04552 RLC 14607 b |
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| fact may infer that the defendant's actions were performed | 2 |
| recklessly where he or she was also violating subsection (c) of | 3 |
| Section 11-907 of the Illinois Vehicle Code. The penalty for a | 4 |
| reckless homicide in which the driver also violated subsection | 5 |
| (c) of Section 11-907 of the Illinois Vehicle Code is a Class 2 | 6 |
| felony, for which a person, if sentenced to a term of | 7 |
| imprisonment, shall be sentenced to a term of not less than 3 | 8 |
| years and not more than 14 years.
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| (f) In cases involving involuntary manslaughter in which | 10 |
| the victim was a
family or household member as defined in | 11 |
| paragraph (3) of Section 112A-3 of the
Code of
Criminal | 12 |
| Procedure of 1963, the penalty shall be a Class 2 felony, for | 13 |
| which a
person if sentenced to a term of imprisonment, shall be | 14 |
| sentenced to a term of
not less than 3 years and not more than | 15 |
| 14 years.
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| (g) In cases involving reckless homicide in which the | 17 |
| defendant unintentionally kills an individual, the trier of | 18 |
| fact may infer that the defendant's actions were performed | 19 |
| recklessly where he or she was also violating subparagraph (F) | 20 |
| of paragraph (1)
of subsection (d) of Section 11-501 of the | 21 |
| Illinois Vehicle Code. The penalty for a reckless homicide in | 22 |
| which the driver also violated subparagraph (F) of paragraph | 23 |
| (1)
of subsection (d) of Section 11-501 of the Illinois Vehicle | 24 |
| Code is a Class 2 felony, for which the defendant, unless the | 25 |
| court determines that extraordinary circumstances exist and | 26 |
| require probation, shall be sentenced to: (i) a term of |
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HB0524 |
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LRB096 04552 RLC 14607 b |
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| imprisonment of not less than 3 years and not more than 14 | 2 |
| years if the violation resulted in the death of one person; or | 3 |
| (ii) a term of imprisonment of not less than 6 years and not | 4 |
| more than 28 years if the violation resulted in the deaths of 2 | 5 |
| or more persons. | 6 |
| (Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, | 7 |
| eff. 6-1-08; 95-591, eff. 9-10-07; 95-803, eff. 1-1-09; 95-876, | 8 |
| eff. 8-21-08; 95-884, eff. 1-1-09; revised 12-9-08.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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