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90_HB0859
720 ILCS 5/9-3 from Ch. 38, par. 9-3
Amends the Criminal Code of 1961. Provides that when the
victim of involuntary manslaughter is a child under 13 years
or an institutionalized severely or profoundly mentally
retarded person, the offense is involuntary homicide of a
child. Penalty is a Class 2 felony for which the person may
be sentenced to not less than 3 years and not more than 20
years imprisonment.
LRB9002581RCcc
LRB9002581RCcc
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 9-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 9-3 as follows:
7 (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
8 Sec. 9-3. Involuntary Manslaughter and Reckless
9 Homicide.
10 (a) A person who unintentionally kills an individual
11 without lawful justification commits involuntary manslaughter
12 if his acts whether lawful or unlawful which cause the death
13 are such as are likely to cause death or great bodily harm to
14 some individual, and he performs them recklessly, except in
15 cases in which: (1) the victim is a child under the age of 13
16 or an institutionalized severely or profoundly mentally
17 retarded person, in which case the person commits involuntary
18 homicide of a child; or (2) the cause of the death consists
19 of the driving of a motor vehicle, in which case the person
20 commits reckless homicide.
21 (b) In cases involving reckless homicide, being under
22 the influence of alcohol or any other drug or drugs at the
23 time of the alleged violation shall be presumed to be
24 evidence of a reckless act unless disproved by evidence to
25 the contrary.
26 (c) For the purposes of this Section, a person shall be
27 considered to be under the influence of alcohol or other
28 drugs while:
29 1. The alcohol concentration in the person's blood
30 or breath is 0.10 or more based on the definition of
31 blood and breath units in Section 11-501.2 of the
-2- LRB9002581RCcc
1 Illinois Vehicle Code;
2 2. Under the influence of alcohol to a degree that
3 renders the person incapable of safely driving;
4 3. Under the influence of any other drug or
5 combination of drugs to a degree that renders the person
6 incapable of safely driving; or
7 4. Under the combined influence of alcohol and any
8 other drug or drugs to a degree which renders the person
9 incapable of safely driving.
10 (d) Sentence.
11 (1) Involuntary manslaughter is a Class 3 felony.
12 (2) Involuntary homicide of a child is a Class 2
13 felony for which the person, if sentenced to a term of
14 imprisonment, shall be sentenced to a term of not less
15 than 3 years and not more than 20 years.
16 (3) (2) Reckless homicide is a Class 3 felony
17 except that . (e) in cases involving reckless homicide
18 in which the defendant was determined to have been under
19 the influence of alcohol or any other drug or drugs as an
20 element of the offense, or in cases in which the
21 defendant is proven beyond a reasonable doubt to have
22 been under the influence of alcohol or any other drug or
23 drugs, the penalty shall be a Class 2 felony, for which a
24 person, if sentenced to a term of imprisonment, shall be
25 sentenced to a term of not less than 3 years and not more
26 than 14 years.
27 (Source: P.A. 86-1317; 87-274; 87-1198.)