Full Text of SB1989 96th General Assembly
SB1989 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1989
Introduced 2/20/2009, by Sen. Michael Noland SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/11-501 |
from Ch. 95 1/2, par. 11-501 |
720 ILCS 5/9-3 |
from Ch. 38, par. 9-3 |
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Amends the Illinois Vehicle Code. Makes a technical change in the Section concerning driving under the influence of alcohol, other drugs, or intoxicating compounds. Amends the Criminal Code of 1961. Makes a technical change in the Section concerning involuntary manslaughter and reckless homicide.
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A BILL FOR
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SB1989 |
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LRB096 11382 RLC 21846 b |
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| AN ACT concerning criminal offenses.
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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 11-501 as follows: | 6 |
| (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | 7 |
| Sec. 11-501. Driving while under the influence of alcohol, | 8 |
| other drug or drugs, intoxicating compound or compounds or any | 9 |
| combination thereof.
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| (a) A person shall not drive or be be in actual physical | 11 |
| control of any vehicle within this State while: | 12 |
| (1) the alcohol concentration in the person's blood or | 13 |
| breath is 0.08 or more based on the definition of blood and | 14 |
| breath units in Section 11-501.2; | 15 |
| (2) under the influence of alcohol; | 16 |
| (3) under the influence of any intoxicating compound or | 17 |
| combination of intoxicating compounds to a degree that | 18 |
| renders the person incapable of driving safely; | 19 |
| (4) under the influence of any other drug or | 20 |
| combination of drugs to a degree that renders the person | 21 |
| incapable of safely driving; | 22 |
| (5) under the combined influence of alcohol, other drug | 23 |
| or drugs, or intoxicating compound or compounds to a degree |
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| that renders the person incapable of safely driving; or | 2 |
| (6) there is any amount of a drug, substance, or | 3 |
| compound in the person's breath, blood, or urine resulting | 4 |
| from the unlawful use or consumption of cannabis listed in | 5 |
| the Cannabis Control Act, a controlled substance listed in | 6 |
| the Illinois Controlled Substances Act, an intoxicating | 7 |
| compound listed in the Use of Intoxicating Compounds Act, | 8 |
| or methamphetamine as listed in the Methamphetamine | 9 |
| Control and Community Protection Act.
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| (b) The fact that any person charged with violating this | 11 |
| Section is or has been legally entitled to use alcohol, other | 12 |
| drug or drugs, or intoxicating compound or compounds, or any | 13 |
| combination thereof, shall not constitute a defense against any | 14 |
| charge of violating this Section. | 15 |
| (c) Penalties. | 16 |
| (1) Except as otherwise provided in this Section, any | 17 |
| person convicted of violating subsection (a) of this | 18 |
| Section is guilty of a Class A misdemeanor. | 19 |
| (2) A person who violates subsection (a) or a similar | 20 |
| provision a second time shall be sentenced to a mandatory | 21 |
| minimum term of either 5 days of imprisonment or 240 hours | 22 |
| of community service in addition to any other criminal or | 23 |
| administrative sanction. | 24 |
| (3) A person who violates subsection (a) is subject to | 25 |
| 6 months of imprisonment, an additional mandatory minimum | 26 |
| fine of $1,000, and 25 days of community service in a |
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LRB096 11382 RLC 21846 b |
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| program benefiting children if the person was transporting | 2 |
| a person under the age of 16 at the time of the violation. | 3 |
| (4) A person who violates subsection (a) a first time, | 4 |
| if the alcohol concentration in his or her blood, breath, | 5 |
| or urine was 0.16 or more based on the definition of blood, | 6 |
| breath, or urine units in Section 11-501.2, shall be | 7 |
| subject, in addition to any other penalty that may be | 8 |
| imposed, to a mandatory minimum of 100 hours of community | 9 |
| service and a mandatory minimum fine of $500. | 10 |
| (5) A person who violates subsection (a) a second time, | 11 |
| if at the time of the second violation the alcohol | 12 |
| concentration in his or her blood, breath, or urine was | 13 |
| 0.16 or more based on the definition of blood, breath, or | 14 |
| urine units in Section 11-501.2, shall be subject, in | 15 |
| addition to any other penalty that may be imposed, to a | 16 |
| mandatory minimum of 2 days of imprisonment and a mandatory | 17 |
| minimum fine of $1,250. | 18 |
| (d) Aggravated driving under the influence of alcohol, | 19 |
| other drug or drugs, or intoxicating compound or compounds, or | 20 |
| any combination thereof.
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| (1) Every person convicted of committing a violation of | 22 |
| this Section shall be guilty of aggravated driving under | 23 |
| the influence of alcohol, other drug or drugs, or | 24 |
| intoxicating compound or compounds, or any combination | 25 |
| thereof if: | 26 |
| (A) the person committed a violation of subsection |
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| (a) or a similar provision for the third or subsequent | 2 |
| time; | 3 |
| (B) the person committed a violation of subsection | 4 |
| (a) while driving a school bus with persons 18 years of | 5 |
| age or younger on board; | 6 |
| (C) the person in committing a violation of | 7 |
| subsection (a) was involved in a motor vehicle accident | 8 |
| that resulted in great bodily harm or permanent | 9 |
| disability or disfigurement to another, when the | 10 |
| violation was a proximate cause of the injuries; | 11 |
| (D) the person committed a violation of subsection | 12 |
| (a) for a second time and has been previously convicted | 13 |
| of violating Section 9-3 of the Criminal Code of 1961 | 14 |
| or a similar provision of a law of another state | 15 |
| relating to reckless homicide in which the person was | 16 |
| determined to have been under the influence of alcohol, | 17 |
| other drug or drugs, or intoxicating compound or | 18 |
| compounds as an element of the offense or the person | 19 |
| has previously been convicted under subparagraph (C) | 20 |
| or subparagraph (F) of this paragraph (1); | 21 |
| (E) the person, in committing a violation of | 22 |
| subsection (a) while driving at any speed in a school | 23 |
| speed zone at a time when a speed limit of 20 miles per | 24 |
| hour was in effect under subsection (a) of Section | 25 |
| 11-605 of this Code, was involved in a motor vehicle | 26 |
| accident that resulted in bodily harm, other than great |
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| bodily harm or permanent disability or disfigurement, | 2 |
| to another person, when the violation of subsection (a) | 3 |
| was a proximate cause of the bodily harm; | 4 |
| (F) the person, in committing a violation of | 5 |
| subsection (a), was involved in a motor vehicle, | 6 |
| snowmobile, all-terrain vehicle, or watercraft | 7 |
| accident that resulted in the death of another person, | 8 |
| when the violation of subsection (a) was a proximate | 9 |
| cause of the death; | 10 |
| (G) the person committed a violation of subsection | 11 |
| (a) during a period in which the defendant's driving | 12 |
| privileges are revoked or suspended, where the | 13 |
| revocation or suspension was for a violation of | 14 |
| subsection (a) or a similar provision, Section | 15 |
| 11-501.1, paragraph (b) of Section 11-401, or for | 16 |
| reckless homicide as defined in Section 9-3 of the | 17 |
| Criminal Code of 1961; | 18 |
| (H) the person committed the violation while he or | 19 |
| she did not possess a driver's license or permit or a | 20 |
| restricted driving permit or a judicial driving permit | 21 |
| or a monitoring device driving permit; | 22 |
| (I) the person committed the violation while he or | 23 |
| she knew or should have known that the vehicle he or | 24 |
| she was driving was not covered by a liability | 25 |
| insurance policy; | 26 |
| (J) the person in committing a violation of |
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| subsection (a) was involved in a motor vehicle accident | 2 |
| that resulted in bodily harm, but not great bodily | 3 |
| harm, to the child under the age of 16 being | 4 |
| transported by the person, if the violation was the | 5 |
| proximate cause of the injury; or | 6 |
| (K) the person in committing a second violation of | 7 |
| subsection (a) or a similar provision was transporting | 8 |
| a person under the age of 16. | 9 |
| (2)(A) Except as provided otherwise, a person | 10 |
| convicted of aggravated driving under the influence of | 11 |
| alcohol, other drug or drugs, or intoxicating compound or | 12 |
| compounds, or any combination thereof is guilty of a Class | 13 |
| 4 felony. | 14 |
| (B) A third violation of this Section or a similar | 15 |
| provision is a Class 2 felony. If at the time of the third | 16 |
| violation the alcohol concentration in his or her blood, | 17 |
| breath, or urine was 0.16 or more based on the definition | 18 |
| of blood, breath, or urine units in Section 11-501.2, a | 19 |
| mandatory minimum of 90 days of imprisonment and a | 20 |
| mandatory minimum fine of $2,500 shall be imposed in | 21 |
| addition to any other criminal or administrative sanction. | 22 |
| If at the time of the third violation, the defendant was | 23 |
| transporting a person under the age of 16, a mandatory fine | 24 |
| of $25,000 and 25 days of community service in a program | 25 |
| benefiting children shall be imposed in addition to any | 26 |
| other criminal or administrative sanction. |
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| (C) A fourth violation of this Section or a similar | 2 |
| provision is a Class 2 felony, for which a sentence of | 3 |
| probation or conditional discharge may not be imposed. If | 4 |
| at the time of the violation, the alcohol concentration in | 5 |
| the defendant's blood, breath, or urine was 0.16 or more | 6 |
| based on the definition of blood, breath, or urine units in | 7 |
| Section 11-501.2, a mandatory minimum fine of $5,000 shall | 8 |
| be imposed in addition to any other criminal or | 9 |
| administrative sanction. If at the time of the fourth | 10 |
| violation, the defendant was transporting a person under | 11 |
| the age of 16 a mandatory fine of $25,000 and 25 days of | 12 |
| community service in a program benefiting children shall be | 13 |
| imposed in addition to any other criminal or administrative | 14 |
| sanction. | 15 |
| (D) A fifth violation of this Section or a similar | 16 |
| provision is a Class 1 felony, for which a sentence of | 17 |
| probation or conditional discharge may not be imposed. If | 18 |
| at the time of the violation, the alcohol concentration in | 19 |
| the defendant's blood, breath, or urine was 0.16 or more | 20 |
| based on the definition of blood, breath, or urine units in | 21 |
| Section 11-501.2, a mandatory minimum fine of $5,000 shall | 22 |
| be imposed in addition to any other criminal or | 23 |
| administrative sanction. If at the time of the fifth | 24 |
| violation, the defendant was transporting a person under | 25 |
| the age of 16, a mandatory fine of $25,000, and 25 days of | 26 |
| community service in a program benefiting children shall be |
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| imposed in addition to any other criminal or administrative | 2 |
| sanction. | 3 |
| (E) A sixth or subsequent violation of this Section or | 4 |
| similar provision is a Class X felony. If at the time of | 5 |
| the violation, the alcohol concentration in the | 6 |
| defendant's blood, breath, or urine was 0.16 or more based | 7 |
| on the definition of blood, breath, or urine units in | 8 |
| Section 11-501.2, a mandatory minimum fine of $5,000 shall | 9 |
| be imposed in addition to any other criminal or | 10 |
| administrative sanction. If at the time of the violation, | 11 |
| the defendant was transporting a person under the age of | 12 |
| 16, a mandatory fine of $25,000 and 25 days of community | 13 |
| service in a program benefiting children shall be imposed | 14 |
| in addition to any other criminal or administrative | 15 |
| sanction. | 16 |
| (F) For a violation of subparagraph (C) of paragraph | 17 |
| (1) of this subsection (d), the defendant, if sentenced to | 18 |
| a term of imprisonment, shall be sentenced to not less than | 19 |
| one year nor more than 12 years. | 20 |
| (G) A violation of subparagraph (F) of paragraph (1) of | 21 |
| this subsection (d) is a Class 2 felony, for which the | 22 |
| defendant, unless the court determines that extraordinary | 23 |
| circumstances exist and require probation, shall be | 24 |
| sentenced to: (i) a term of imprisonment of not less than 3 | 25 |
| years and not more than 14 years if the violation resulted | 26 |
| in the death of one person; or (ii) a term of imprisonment |
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LRB096 11382 RLC 21846 b |
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| of not less than 6 years and not more than 28 years if the | 2 |
| violation resulted in the deaths of 2 or more persons. | 3 |
| (H) For a violation of subparagraph (J) of paragraph | 4 |
| (1) of this subsection (d), a mandatory fine of $2,500, and | 5 |
| 25 days of community service in a program benefiting | 6 |
| children shall be imposed in addition to any other criminal | 7 |
| or administrative sanction. | 8 |
| (I) A violation of subparagraph (K) of paragraph (1) of | 9 |
| this subsection (d), is a Class 2 felony and a mandatory | 10 |
| fine of $2,500, and 25 days of community service in a | 11 |
| program benefiting children shall be imposed in addition to | 12 |
| any other criminal or administrative sanction. If the child | 13 |
| being transported suffered bodily harm, but not great | 14 |
| bodily harm, in a motor vehicle accident, and the violation | 15 |
| was the proximate cause of that injury, a mandatory fine of | 16 |
| $5,000 and 25 days of community service in a program | 17 |
| benefiting children shall be imposed in addition to any | 18 |
| other criminal or administrative sanction. | 19 |
| (3) Any person sentenced under this subsection (d) who | 20 |
| receives a term of probation or conditional discharge must | 21 |
| serve a minimum term of either 480 hours of community | 22 |
| service or 10 days of imprisonment as a condition of the | 23 |
| probation or conditional discharge in addition to any other | 24 |
| criminal or administrative sanction. | 25 |
| (e) Any reference to a prior violation of subsection (a) or | 26 |
| a similar provision includes any violation of a provision of a |
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| local ordinance or a provision of a law of another state or an | 2 |
| offense committed on a military installation that is similar to | 3 |
| a violation of subsection (a) of this Section. | 4 |
| (f) The imposition of a mandatory term of imprisonment or | 5 |
| assignment of community service for a violation of this Section | 6 |
| shall not be suspended or reduced by the court. | 7 |
| (g) Any penalty imposed for driving with a license that has | 8 |
| been revoked for a previous violation of subsection (a) of this | 9 |
| Section shall be in addition to the penalty imposed for any | 10 |
| subsequent violation of subsection (a). | 11 |
| (h) For any prosecution under this Section, a certified | 12 |
| copy of the driving abstract of the defendant shall be admitted | 13 |
| as proof of any prior conviction.
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| (Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114, | 15 |
| eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609, | 16 |
| eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07; | 17 |
| 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; | 18 |
| 95-778, eff. 8-4-08; 95-876, eff. 8-21-08.) | 19 |
| Section 10. The Criminal Code of 1961 is amended by | 20 |
| 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 who unintentionally kills an individual | 24 |
| without lawful
justification commits involuntary manslaughter |
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| if his acts whether lawful
or unlawful which cause the death | 2 |
| are such as are likely to cause death or
great bodily harm to | 3 |
| some individual, and he performs them recklessly,
except in | 4 |
| cases in which the cause of the death consists of the driving | 5 |
| of
a motor vehicle or operating a snowmobile, all-terrain | 6 |
| vehicle, or watercraft,
in which case the person commits | 7 |
| reckless homicide. A person commits reckless homicide if he or | 8 |
| she unintentionally kills an individual while driving a vehicle | 9 |
| and using an incline in a roadway, such as a railroad crossing, | 10 |
| bridge
approach, or hill, to cause the vehicle to become | 11 |
| 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 | 19 |
| involving reckless homicide in which the offense is committed | 20 |
| upon a public thoroughfare where children pass going to and | 21 |
| from school when a school crossing guard is performing official | 22 |
| duties, the penalty is a Class 2 felony, for which a
person, if | 23 |
| sentenced to a term of imprisonment, shall be sentenced to a | 24 |
| term of
not less than 3 years and not more than 14 years. | 25 |
| (e-3) In cases involving reckless homicide in which (i) the | 26 |
| offense is committed upon a public thoroughfare where children |
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| pass going to and from school when a school crossing guard is | 2 |
| performing official duties and (ii) the defendant causes the | 3 |
| deaths of 2 or more persons as part of a single course of | 4 |
| conduct, the penalty is a Class 2 felony, for which a
person, | 5 |
| if sentenced to a term of imprisonment, shall be sentenced to a | 6 |
| 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 | 9 |
| cases involving
reckless homicide in which the defendant: (1)
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| was
driving in a construction or maintenance zone, as defined | 11 |
| in Section 11-605.1
of the Illinois Vehicle Code, or (2) was | 12 |
| operating a vehicle while failing or refusing to comply with | 13 |
| any lawful order or direction of any authorized police officer | 14 |
| or traffic control aide engaged in traffic control,
the penalty | 15 |
| is a Class 2 felony, for which a
person, if sentenced to a term | 16 |
| of imprisonment, shall be sentenced to a term of
not less than | 17 |
| 3 years and not more than 14 years.
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| (e-8) In cases involving reckless homicide in which the | 19 |
| defendant caused the deaths of 2 or more persons as part of a | 20 |
| single course of conduct and: (1) was
driving in a construction | 21 |
| or maintenance zone, as defined in Section 11-605.1
of the | 22 |
| Illinois Vehicle Code, or (2) was operating a vehicle while | 23 |
| failing or refusing to comply with any lawful order or | 24 |
| direction of any authorized police officer or traffic control | 25 |
| aide engaged in traffic control,
the penalty is a Class 2 | 26 |
| felony, for which a
person, if sentenced to a term of |
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LRB096 11382 RLC 21846 b |
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| imprisonment, shall be sentenced to a term of
not less than 6 | 2 |
| years and not more than 28 years.
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| (e-9) In cases involving reckless homicide in which the | 4 |
| defendant drove a vehicle and used an incline in a roadway, | 5 |
| such as a railroad crossing, bridge
approach, or hill, to cause | 6 |
| the vehicle to become airborne, and caused the deaths of 2 or | 7 |
| more persons as
part of a single course of conduct,
the penalty | 8 |
| is a Class 2 felony.
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| (e-10) In cases involving involuntary manslaughter or | 10 |
| reckless homicide resulting in the death of a peace officer | 11 |
| killed in the performance of his or her duties as a peace | 12 |
| officer, the penalty is a Class 2 felony.
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| (e-11)
In cases involving reckless homicide in which the | 14 |
| defendant unintentionally kills an individual while driving in | 15 |
| a posted school zone, as defined in Section 11-605 of the | 16 |
| Illinois Vehicle Code, while children are present or in a | 17 |
| construction or maintenance zone, as defined in Section | 18 |
| 11-605.1 of the Illinois Vehicle Code, when construction or | 19 |
| maintenance workers are present the trier of fact may infer | 20 |
| that the defendant's actions were performed recklessly where he | 21 |
| or she was also either driving at a speed of more than 20 miles | 22 |
| per hour in excess of the posted speed limit or violating | 23 |
| Section 11-501 of the Illinois Vehicle Code.
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| (e-12) Except as otherwise provided in subsection (e-13), | 25 |
| in cases involving
reckless homicide in which the offense was | 26 |
| committed as result
of a violation of subsection (c) of Section |
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| 11-907 of the Illinois Vehicle Code,
the penalty is a Class 2 | 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. | 5 |
| (e-13) In cases involving
reckless homicide in which the | 6 |
| offense was committed as result
of a violation of subsection | 7 |
| (c) of Section 11-907 of the Illinois Vehicle Code and the | 8 |
| defendant caused the deaths of 2 or more persons as
part of a | 9 |
| single course of conduct,
the penalty is a Class 2 felony, for | 10 |
| which a
person, if sentenced to a term of imprisonment, shall | 11 |
| be sentenced to a term of
not less than 6 years and not more | 12 |
| than 28 years.
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| (e-14)
(e-12) In cases involving reckless homicide in which | 14 |
| the defendant unintentionally kills an individual, the trier of | 15 |
| fact may infer that the defendant's actions were performed | 16 |
| recklessly where he or she was also violating subsection (c) of | 17 |
| Section 11-907 of the Illinois Vehicle Code. The penalty for a | 18 |
| reckless homicide in which the driver also violated subsection | 19 |
| (c) of Section 11-907 of the Illinois Vehicle Code is a Class 2 | 20 |
| felony, for which a person, if sentenced to a term of | 21 |
| imprisonment, shall be sentenced to a term of not less than 3 | 22 |
| years and not more than 14 years.
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| (f) In cases involving involuntary manslaughter in which | 24 |
| the victim was a
family or household member as defined in | 25 |
| paragraph (3) of Section 112A-3 of the
Code of
Criminal | 26 |
| Procedure of 1963, the penalty shall be a Class 2 felony, for |
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LRB096 11382 RLC 21846 b |
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| which a
person if sentenced to a term of imprisonment, shall be | 2 |
| sentenced to a term of
not less than 3 years and not more than | 3 |
| 14 years.
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| (Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, | 5 |
| eff. 6-1-08; 95-591, eff. 9-10-07; 95-803, eff. 1-1-09; 95-876, | 6 |
| eff. 8-21-08; 95-884, eff. 1-1-09; revised 12-9-08.)
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