State of Illinois
90th General Assembly
Legislation

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90_SB0109eng

      720 ILCS 5/9-3            from Ch. 38, par. 9-3
          Amends  the  Criminal  Code  of  1961.    Provides   that
      involuntary  manslaughter in which the victim was a family or
      household member is a Class 2 felony, for which the person if
      sentenced to a term of imprisonment, shall  be  sentenced  to
      not  less  than  3 years and not more than 14 years (now that
      offense is a Class 3 felony).
                                                     LRB9001521RCks
SB109 Engrossed                                LRB9001521RCks
 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 the cause of the death consists of the driving
16    of a motor vehicle, in which case the person commits reckless
17    homicide.
18        (b)  In  cases  involving  reckless homicide, being under
19    the influence of alcohol or any other drug or  drugs  at  the
20    time  of  the  alleged  violation  shall  be  presumed  to be
21    evidence of a reckless act unless disproved  by  evidence  to
22    the contrary.
23        (c)  For  the purposes of this Section, a person shall be
24    considered to be under the  influence  of  alcohol  or  other
25    drugs while:
26             1.  The  alcohol concentration in the person's blood
27        or breath is 0.10 or more  based  on  the  definition  of
28        blood  and  breath  units  in  Section  11-501.2  of  the
29        Illinois Vehicle Code;
30             2.  Under  the influence of alcohol to a degree that
31        renders the person incapable of safely driving;
SB109 Engrossed             -2-                LRB9001521RCks
 1             3.  Under  the  influence  of  any  other  drug   or
 2        combination  of drugs to a degree that renders the person
 3        incapable of safely driving; or
 4             4.  Under the combined influence of alcohol and  any
 5        other  drug or drugs to a degree which renders the person
 6        incapable of safely driving.
 7        (d)  Sentence.
 8             (1)  Involuntary manslaughter is a Class 3 felony.
 9             (2)  Reckless homicide is a Class 3 felony.
10        (e)  In cases involving reckless homicide  in  which  the
11    defendant  was determined to have been under the influence of
12    alcohol or any other drug or  drugs  as  an  element  of  the
13    offense,  or in cases in which the defendant is proven beyond
14    a reasonable doubt  to  have  been  under  the  influence  of
15    alcohol  or  any  other drug or drugs, the penalty shall be a
16    Class 2 felony, for which a person, if sentenced to a term of
17    imprisonment, shall be sentenced to a term of not less than 3
18    years and not more than 14 years.
19        (f)  In cases involving involuntary manslaughter in which
20    the victim was a family or household  member  as  defined  in
21    paragraph  (3)  of  Section  112A-3  of  the Code of Criminal
22    Procedure of 1963, the penalty shall be a Class 2 felony, for
23    which a person if sentenced to a term of imprisonment,  shall
24    be  sentenced to a term of not less than 3 years and not more
25    than 14 years.
26    (Source: P.A. 86-1317; 87-274; 87-1198.)

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