Full Text of HB0508 95th General Assembly
HB0508enr 95TH GENERAL ASSEMBLY
|
|
|
HB0508 Enrolled |
|
LRB095 04052 DRH 24090 b |
|
| 1 |
| AN ACT concerning transportation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 11-503 as follows:
| 6 |
| (625 ILCS 5/11-503) (from Ch. 95 1/2, par. 11-503)
| 7 |
| Sec. 11-503. Reckless driving; aggravated reckless | 8 |
| driving.
| 9 |
| (a) A
person commits reckless driving if he or she: | 10 |
| (1) drives any vehicle with
a willful or wanton | 11 |
| disregard for the safety of persons or property; or | 12 |
| (2) knowingly drives a vehicle and uses an incline in a | 13 |
| roadway, such as a railroad crossing, bridge
approach, or | 14 |
| hill, to cause the vehicle to become airborne.
| 15 |
| (b) Every person convicted of reckless driving shall be | 16 |
| guilty of a
Class A misdemeanor, except as provided under | 17 |
| subsections (b-1), (c), and (d)
subsection (c) of this
Section.
| 18 |
| (b-1) Except as provided in subsection (d), any person | 19 |
| convicted of violating subsection (a), if the violation causes | 20 |
| bodily harm to a child or a school crossing guard while the | 21 |
| school crossing guard is performing his or her official duties, | 22 |
| is guilty of a Class 4 felony.
| 23 |
| (c) Every person convicted of committing a violation of |
|
|
|
HB0508 Enrolled |
- 2 - |
LRB095 04052 DRH 24090 b |
|
| 1 |
| subsection (a)
shall
be guilty of aggravated reckless driving | 2 |
| if the violation results in great
bodily harm or permanent | 3 |
| disability or disfigurement to another. Except as provided in | 4 |
| subsection (d) of this Section, aggravated
Aggravated
reckless | 5 |
| driving is a Class 4 felony. | 6 |
| (d) Any person convicted of violating subsection (a), if | 7 |
| the violation causes great bodily harm or permanent disability | 8 |
| or disfigurement to a child or a school crossing guard while | 9 |
| the school crossing guard is performing his or her official | 10 |
| duties, is guilty of aggravated reckless driving. Aggravated | 11 |
| reckless driving under this subsection (d) is a Class 3 felony.
| 12 |
| (Source: P.A. 93-682, eff. 1-1-05.)
| 13 |
| Section 10. The Criminal Code of 1961 is amended by | 14 |
| changing Section 9-3 as follows:
| 15 |
| (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
| 16 |
| Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
| 17 |
| (a) A person who unintentionally kills an individual | 18 |
| without lawful
justification commits involuntary manslaughter | 19 |
| if his acts whether lawful
or unlawful which cause the death | 20 |
| are such as are likely to cause death or
great bodily harm to | 21 |
| some individual, and he performs them recklessly,
except in | 22 |
| cases in which the cause of the death consists of the driving | 23 |
| of
a motor vehicle or operating a snowmobile, all-terrain | 24 |
| vehicle, or watercraft,
in which case the person commits |
|
|
|
HB0508 Enrolled |
- 3 - |
LRB095 04052 DRH 24090 b |
|
| 1 |
| reckless homicide. A person commits reckless homicide if he or | 2 |
| she unintentionally kills an individual while driving a vehicle | 3 |
| and using an incline in a roadway, such as a railroad crossing, | 4 |
| bridge
approach, or hill, to cause the vehicle to become | 5 |
| airborne.
| 6 |
| (b) (Blank).
| 7 |
| (c) (Blank).
| 8 |
| (d) Sentence.
| 9 |
| (1) Involuntary manslaughter is a Class 3 felony.
| 10 |
| (2) Reckless homicide is a Class 3 felony.
| 11 |
| (e) (Blank). | 12 |
| (e-2) Except as provided in subsection (e-3), in cases | 13 |
| involving reckless homicide in which the offense is committed | 14 |
| upon a public thoroughfare where children pass going to and | 15 |
| from school when a school crossing guard is performing official | 16 |
| duties, the penalty is a Class 2 felony, for which a
person, if | 17 |
| sentenced to a term of imprisonment, shall be sentenced to a | 18 |
| term of
not less than 3 years and not more than 14 years. | 19 |
| (e-3) In cases involving reckless homicide in which (i) the | 20 |
| offense is committed upon a public thoroughfare where children | 21 |
| pass going to and from school when a school crossing guard is | 22 |
| performing official duties and (ii) the defendant causes the | 23 |
| deaths of 2 or more persons as part of a single course of | 24 |
| conduct, the penalty is a Class 2 felony, for which a
person, | 25 |
| if sentenced to a term of imprisonment, shall be sentenced to a | 26 |
| term of
not less than 6 years and not more than 28 years.
|
|
|
|
HB0508 Enrolled |
- 4 - |
LRB095 04052 DRH 24090 b |
|
| 1 |
| (e-5) (Blank).
| 2 |
| (e-7) Except as otherwise provided in subsection (e-8), in | 3 |
| cases involving
reckless homicide in which the defendant was
| 4 |
| driving in a construction or maintenance zone, as defined in | 5 |
| Section 11-605
of the Illinois Vehicle Code,
the penalty is a | 6 |
| Class 2 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.
| 9 |
| (e-8) In cases involving reckless homicide in which the | 10 |
| defendant was
driving in a construction or maintenance zone, as | 11 |
| defined in Section 11-605
of the Illinois Vehicle Code, and | 12 |
| caused the deaths of 2 or more persons as
part of a single | 13 |
| course of conduct,
the penalty is a Class 2 felony, for which a
| 14 |
| person, if sentenced to a term of imprisonment, shall be | 15 |
| sentenced to a term of
not less than 6 years and not more than | 16 |
| 28 years.
| 17 |
| (e-9) In cases involving reckless homicide in which the | 18 |
| defendant drove a vehicle and used an incline in a roadway, | 19 |
| such as a railroad crossing, bridge
approach, or hill, to cause | 20 |
| the vehicle to become airborne, and caused the deaths of 2 or | 21 |
| more persons as
part of a single course of conduct,
the penalty | 22 |
| is a Class 2 felony.
| 23 |
| (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 |
|
|
|
HB0508 Enrolled |
- 5 - |
LRB095 04052 DRH 24090 b |
|
| 1 |
| 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.
| 4 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, | 5 |
| eff. 7-18-03; 93-682, eff. 1-1-05.)
|
|