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91_SB0739
LRB9105730RCdv
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 9-3 and 9-3.2.
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 Sections 9-3 and 9-3.2 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 or operating a snowmobile, all-terrain
17 vehicle, or watercraft, in which case the person commits
18 reckless homicide.
19 (b) In cases involving reckless homicide, being under
20 the influence of alcohol or any other drug or drugs at the
21 time of the alleged violation shall be presumed to be
22 evidence of a reckless act unless disproved by evidence to
23 the contrary.
24 (c) For the purposes of this Section, a person shall be
25 considered to be under the influence of alcohol or other
26 drugs while:
27 1. The alcohol concentration in the person's blood
28 or breath is 0.08 or more based on the definition of
29 blood and breath units in Section 11-501.2 of the
30 Illinois Vehicle Code;
31 2. Under the influence of alcohol to a degree that
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1 renders the person incapable of safely driving a motor
2 vehicle or operating a snowmobile, all-terrain vehicle,
3 or watercraft;
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 a motor vehicle or operating
7 a snowmobile, all-terrain vehicle, or watercraft; or
8 4. Under the combined influence of alcohol and any
9 other drug or drugs to a degree which renders the person
10 incapable of safely driving a motor vehicle or operating
11 a snowmobile, all-terrain vehicle, or watercraft.
12 (d) Sentence.
13 (1) Involuntary manslaughter is a Class 3 felony.
14 (2) Reckless homicide is a Class 3 felony.
15 (e) In cases involving reckless homicide in which the
16 defendant was determined to have been under the influence of
17 alcohol or any other drug or drugs as an element of the
18 offense, or in cases in which the defendant is proven beyond
19 a reasonable doubt to have been under the influence of
20 alcohol or any other drug or drugs, the penalty shall be a
21 Class 2 felony, for which a person, if sentenced to a term of
22 imprisonment, shall be sentenced to a term of not less than 3
23 years and not more than 14 years.
24 (f) In cases involving involuntary manslaughter in which
25 the victim was a family or household member as defined in
26 paragraph (3) of Section 112A-3 of the Code of Criminal
27 Procedure of 1963, the penalty shall be a Class 2 felony, for
28 which a person if sentenced to a term of imprisonment, shall
29 be sentenced to a term of not less than 3 years and not more
30 than 14 years.
31 (Source: P.A. 90-43, eff. 7-2-97; 90-119, eff. 1-1-98;
32 90-655, eff. 7-30-98.)
33 (720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)
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1 Sec. 9-3.2. Involuntary Manslaughter and Reckless
2 Homicide of an Unborn Child. (a) A person who unintentionally
3 kills an unborn child without lawful justification commits
4 involuntary manslaughter of an unborn child if his acts
5 whether lawful or unlawful which cause the death are such as
6 are likely to cause death or great bodily harm to some
7 individual, and he performs them recklessly, except in cases
8 in which the cause of death consists of the driving of a
9 motor vehicle or operating a snowmobile, all-terrain vehicle,
10 or watercraft, in which case the person commits reckless
11 homicide of an unborn child.
12 (b) Sentence.
13 (1) Involuntary manslaughter of an unborn child is a
14 Class 3 felony.
15 (2) Reckless homicide of an unborn child is a Class 3
16 felony.
17 (c) For purposes of this Section, (1) "unborn child"
18 shall mean any individual of the human species from
19 fertilization until birth, and (2) "person" shall not include
20 the pregnant woman whose unborn child is killed.
21 (d) This Section shall not apply to acts which cause the
22 death of an unborn child if those acts were committed during
23 any abortion, as defined in Section 2 of the Illinois
24 Abortion Law of 1975, as amended, to which the pregnant woman
25 has consented. This Section shall not apply to acts which
26 were committed pursuant to usual and customary standards of
27 medical practice during diagnostic testing or therapeutic
28 treatment.
29 (e) The provisions of this Section shall not be
30 construed to prohibit the prosecution of any person under any
31 other provision of law, nor shall it be construed to preclude
32 any civil cause of action.
33 (Source: P.A. 84-1414.)