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91_HB1763eng HB1763 Engrossed LRB9105513RCpr 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 0.08 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; HB1763 Engrossed -2- LRB9105513RCpr 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 (g) In cases involving reckless homicide in which the 27 defendant was determined to have been under the influence of 28 alcohol or any other drug or drugs as an element of the 29 offense, or in cases in which the defendant is proven beyond 30 a reasonable doubt to have been under the influence of 31 alcohol or any other drug or drugs and the defendant has been 32 convicted of causing the death of more than one individual, 33 the penalty is a Class X felony. 34 (Source: P.A. 90-43, eff. 7-2-97; 90-119, eff. 1-1-98; HB1763 Engrossed -3- LRB9105513RCpr 1 90-655, eff. 7-30-98.)