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| [ Introduced ] | [ House Amendment 001 ] |
92_HB1045eng HB1045 Engrossed LRB9205940RCcd 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Section 9-3 as follows: 6 (720 ILCS 5/9-3) (from Ch. 38, par. 9-3) 7 Sec. 9-3. Involuntary Manslaughter and Reckless 8 Homicide. 9 (a) A person who unintentionally kills an individual 10 without lawful justification commits involuntary manslaughter 11 if his acts whether lawful or unlawful which cause the death 12 are such as are likely to cause death or great bodily harm to 13 some individual, and he performs them recklessly, except in 14 cases in which the cause of the death consists of the driving 15 of a motor vehicle or operating a snowmobile, all-terrain 16 vehicle, or watercraft, in which case the person commits 17 reckless 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 a motor HB1045 Engrossed -2- LRB9205940RCcd 1 vehicle or operating a snowmobile, all-terrain vehicle, 2 or watercraft; 3 3. Under the influence of any other drug or 4 combination of drugs to a degree that renders the person 5 incapable of safely driving a motor vehicle or operating 6 a snowmobile, all-terrain vehicle, or watercraft; 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 a motor vehicle or operating 10 a snowmobile, all-terrain vehicle, or watercraft. 11 (d) Sentence. 12 (1) Involuntary manslaughter is a Class 3 felony. 13 (2) Reckless homicide is a Class 3 felony. 14 (e) Except as otherwise provided in subsections 15subsection(e-5) and (e-6), in cases involving reckless 16 homicide in which the defendant was determined to have been 17 under the influence of alcohol or any other drug or drugs as 18 an element of the offense, or in cases in which the defendant 19 is proven beyond a reasonable doubt to have been under the 20 influence of alcohol or any other drug or drugs, the penalty 21 shall be a Class 2 felony, for which a person, if sentenced 22 to a term of imprisonment, shall be sentenced to a term of 23 not less than 3 years and not more than 14 years. 24 (e-5) In cases involving reckless homicide in which the 25 defendant was determined to have been under the influence of 26 alcohol or any other drug or drugs as an element of the 27 offense, or in cases in which the defendant is proven beyond 28 a reasonable doubt to have been under the influence of 29 alcohol or any other drug or drugs, if the defendant kills 2 30 or more individuals as part of a single course of conduct, 31 the penalty is a Class 2 felony, for which a person, if 32 sentenced to a term of imprisonment, shall be sentenced to a 33 term of not less than 6 years and not more than 28 years. 34 (e-6) In cases involving reckless homicide the penalty HB1045 Engrossed -3- LRB9205940RCcd 1 shall be a Class 2 felony, for which a person, if 2 sentenced to a term of imprisonment, shall be sentenced to 3 a term of not less than 6 years and not more than 28 years: 4 (1) if the victim of the reckless homicide was any 5 of the following persons killed while performing his or 6 her official duties: (i) a peace officer; (ii) a fireman; 7 (iii) an emergency medical technician-ambulance; (iv) an 8 emergency medical technician-intermediate; (v) an 9 emergency medical technician-paramedic; or (vi) an 10 ambulance driver; and 11 (2) if the defendant was determined to have been 12 under the influence of alcohol or any other drug or drugs 13 as an element of the offense, or in cases in 14 which the defendant is proven beyond a reasonable 15 doubt to have been under the influence of alcohol or any 16 other drug or drugs. 17 (f) In cases involving involuntary manslaughter in which 18 the victim was a family or household member as defined in 19 paragraph (3) of Section 112A-3 of the Code of Criminal 20 Procedure of 1963, the penalty shall be a Class 2 felony, for 21 which a person if sentenced to a term of imprisonment, shall 22 be sentenced to a term of not less than 3 years and not more 23 than 14 years. 24 (Source: P.A. 90-43, eff. 7-2-97; 90-119, eff. 1-1-98; 25 90-655, eff. 7-30-98; 91-6, eff. 1-1-00; 91-122, eff. 1-1-00; 26 revised 10-8-99.)