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| [ Introduced ] | [ House Amendment 001 ] |
92_HB3657eng HB3657 Engrossed LRB9210562DHgcA 1 AN ACT in relation to vehicular offenses. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Sections 11-503 and 11-605 as follows: 6 (625 ILCS 5/11-503) (from Ch. 95 1/2, par. 11-503) 7 Sec. 11-503. Reckless driving; aggravated reckless 8 driving; aggravated reckless driving in a construction or 9 maintenance zone. 10 (a) Any person who drives any vehicle with a willful or 11 wanton disregard for the safety of persons or property is 12 guilty of reckless driving. 13 (b) Every person convicted of reckless driving shall be 14 guilty of a Class A misdemeanor, except as provided under 15 subsection (c) and subsection (d) of this Section. 16 (c) Every person convicted of committing a violation of 17 subsection (a) shall be guilty of aggravated reckless driving 18 if the violation results in great bodily harm or permanent 19 disability or disfigurement to another. Aggravated reckless 20 driving is a Class 4 felony, except as provided under 21 subsection (d) of this Section. 22 (d) A person who violates subsection (a) of this Section 23 in a construction or maintenance zone, as defined in Section 24 11-605 of this Code, and as a result of the violation causes 25 great bodily harm or permanent disability or disfigurement to 26 a person in the construction or maintenance zone is guilty of 27 aggravated reckless driving in a construction or maintenance 28 zone. A violation of subsection (b) of Section 11-605 of this 29 Code shall be presumed to be evidence that the person was 30 driving with a willful or wanton disregard for the safety of 31 persons or property unless disproved by evidence to the HB3657 Engrossed -2- LRB9210562DHgcA 1 contrary. 2 A person convicted of aggravated reckless driving in a 3 construction or maintenance zone is guilty of a Class 3 4 felony. 5 (Source: P.A. 88-679, eff. 7-1-95.) 6 (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605) 7 Sec. 11-605. Special speed limit while passing schools or 8 while traveling through highway construction or maintenance 9 zones. 10 (a) For the purpose of this Section, "school" means the 11 following entities: 12 (1) A public or private primary or secondary 13 school. 14 (2) A primary or secondary school operated by a 15 religious institution. 16 (3) A public, private, or religious nursery school. 17 On a school day when school children are present and so 18 close thereto that a potential hazard exists because of the 19 close proximity of the motorized traffic, no person shall 20 drive a motor vehicle at a speed in excess of 20 miles per 21 hour while passing a school zone or while traveling upon any 22 public thoroughfare where children pass going to and from 23 school. 24 For the purpose of this Section a school day shall begin 25 at seven ante meridian and shall conclude at four post 26 meridian. 27 This Section shall not be applicable unless appropriate 28 signs are posted upon streets and highways under their 29 respective jurisdiction and maintained by the Department, 30 township, county, park district, city, village or 31 incorporated town wherein the school zone is located. With 32 regard to the special speed limit while passing schools, such 33 signs shall give proper due warning that a school zone is HB3657 Engrossed -3- LRB9210562DHgcA 1 being approached and shall indicate the school zone and the 2 maximum speed limit in effect during school days when school 3 children are present. 4 (b) No person shall operate a motor vehicle in a 5 construction or maintenance zone at a speed in excess of the 6 posted speed limit when workers are present and so close to 7 the moving traffic that a potential hazard exists because of 8 the motorized traffic. 9 (c) Nothing in this Chapter shall prohibit the use of 10 electronic speed-detecting devices within 500 feet of signs 11 within a special school speed zone or a construction or 12 maintenance zone indicating such zone, as defined in this 13 Section, nor shall evidence obtained thereby be inadmissible 14 in any prosecution for speeding provided the use of such 15 device shall apply only to the enforcement of the speed limit 16 in such special school speed zone or a construction or 17 maintenance zone. 18 (d) As used inFor the purpose ofthis Section and 19 Section 11-503, a construction or maintenance zone is an area 20 in which the Department, Toll Highway Authority, or local 21 agency has determined that the preexisting established speed 22 limit through a highway construction or maintenance project 23 is greater than is reasonable or safe with respect to the 24 conditions expected to exist in the construction or 25 maintenance zone and has posted a lower speed limit with a 26 highway construction or maintenance zone special speed limit 27 sign. 28 Highway construction or maintenance zone special speed 29 limit signs shall be of a design approved by the Department. 30 The signs shall give proper due warning that a construction 31 or maintenance zone is being approached and shall indicate 32 the maximum speed limit in effect. The signs shall also 33 state the amount of the minimum fine for a violation when 34 workers are present. HB3657 Engrossed -4- LRB9210562DHgcA 1 (e) A first violation of this Section is a petty offense 2 with a minimum fine of $150. A second or subsequent 3 violation of this Section is a petty offense with a minimum 4 fine of $300. 5 (f) When a fine for a violation of subsection (a) is 6 $150 or greater, the person who violates subsection (a) shall 7 be charged an additional $50 to be paid to the unit school 8 district where the violation occurred for school safety 9 purposes. If the violation occurred in a dual school 10 district, $25 of the surcharge shall be paid to the 11 elementary school district for school safety purposes and $25 12 of the surcharge shall be paid to the high school district 13 for school safety purposes. Notwithstanding any other 14 provision of law, the entire $50 surcharge shall be paid to 15 the appropriate school district or districts. 16 For purposes of this subsection (f), "school safety 17 purposes" includes the costs associated with school zone 18 safety education and the purchase, installation, and 19 maintenance of caution lights which are mounted on school 20 speed zone signs. 21 (Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02.) 22 Section 10. The Criminal Code of 1961 is amended by 23 changing Section 9-3 as follows: 24 (720 ILCS 5/9-3) (from Ch. 38, par. 9-3) 25 Sec. 9-3. Involuntary Manslaughter and Reckless 26 Homicide. 27 (a) A person who unintentionally kills an individual 28 without lawful justification commits involuntary manslaughter 29 if his acts whether lawful or unlawful which cause the death 30 are such as are likely to cause death or great bodily harm to 31 some individual, and he performs them recklessly, except in 32 cases in which the cause of the death consists of the driving HB3657 Engrossed -5- LRB9210562DHgcA 1 of a motor vehicle or operating a snowmobile, all-terrain 2 vehicle, or watercraft, in which case the person commits 3 reckless homicide. 4 (b) In cases involving reckless homicide, being under 5 the influence of alcohol or any other drug or drugs at the 6 time of the alleged violation shall be presumed to be 7 evidence of a reckless act unless disproved by evidence to 8 the contrary. 9 (b-5) In cases involving reckless homicide in which the 10 defendant was driving in a construction or maintenance zone, 11 as defined in Section 11-605 of the Illinois Vehicle Code, 12 and caused the death of a person in the construction or 13 maintenance zone, a violation of subsection (b) of Section 14 11-605 of the Illinois Vehicle Code shall be presumed to be 15 evidence of a reckless act unless disproved by evidence to 16 the contrary. 17 (c) For the purposes of this Section, a person shall be 18 considered to be under the influence of alcohol or other 19 drugs while: 20 1. The alcohol concentration in the person's blood 21 or breath is 0.08 or more based on the definition of 22 blood and breath units in Section 11-501.2 of the 23 Illinois Vehicle Code; 24 2. Under the influence of alcohol to a degree that 25 renders the person incapable of safely driving a motor 26 vehicle or operating a snowmobile, all-terrain vehicle, 27 or watercraft; 28 3. Under the influence of any other drug or 29 combination of drugs to a degree that renders the person 30 incapable of safely driving a motor vehicle or operating 31 a snowmobile, all-terrain vehicle, or watercraft; or 32 4. Under the combined influence of alcohol and any 33 other drug or drugs to a degree which renders the person 34 incapable of safely driving a motor vehicle or operating HB3657 Engrossed -6- LRB9210562DHgcA 1 a snowmobile, all-terrain vehicle, or watercraft. 2 (d) Sentence. 3 (1) Involuntary manslaughter is a Class 3 felony. 4 (2) Reckless homicide is a Class 3 felony. 5 (e) Except as otherwise provided in subsection (e-5) and 6 subsection (e-7), in cases involving reckless homicide in 7 which the defendant was determined to have been under the 8 influence of alcohol or any other drug or drugs as an element 9 of the offense, or in cases in which the defendant is proven 10 beyond a reasonable doubt to have been under the influence of 11 alcohol or any other drug or drugs, the penalty shall be a 12 Class 2 felony, for which a person, if sentenced to a term of 13 imprisonment, shall be sentenced to a term of not less than 3 14 years and not more than 14 years. 15 (e-5) 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, if the defendant kills 2 21 or more individuals as part of a single course of conduct, 22 the penalty is a Class 2 felony, for which a person, if 23 sentenced to a term of imprisonment, shall be sentenced to a 24 term of not less than 6 years and not more than 28 years. 25 (e-7) In cases involving reckless homicide in which the 26 defendant was driving in a construction or maintenance zone, 27 as defined in Section 11-605 of the Illinois Vehicle Code, 28 and caused the death of a person in the construction or 29 maintenance zone, the penalty is a Class 2 felony, for which 30 a person, if sentenced to a term of imprisonment, shall be 31 sentenced to a term of not less than 6 years and not more 32 than 28 years. 33 (f) In cases involving involuntary manslaughter in which 34 the victim was a family or household member as defined in HB3657 Engrossed -7- LRB9210562DHgcA 1 paragraph (3) of Section 112A-3 of the Code of Criminal 2 Procedure of 1963, the penalty shall be a Class 2 felony, for 3 which a person if sentenced to a term of imprisonment, shall 4 be sentenced to a term of not less than 3 years and not more 5 than 14 years. 6 (Source: P.A. 91-6, eff. 1-1-00; 91-122, eff. 1-1-00; 92-16, 7 eff. 6-28-01.)