Public Act 93-0178

HB3215 Enrolled                      LRB093 07803 DRH 07992 b

    AN ACT in relation to vehicular offenses.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Criminal  Code  of  1961  is amended by
changing Section 9-3 as follows:

    (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
    Sec.  9-3.    Involuntary   Manslaughter   and   Reckless
Homicide.
    (a)  A  person  who  unintentionally  kills an individual
without lawful justification commits involuntary manslaughter
if his acts whether lawful or unlawful which cause the  death
are such as are likely to cause death or great bodily harm to
some  individual,  and he performs them recklessly, except in
cases in which the cause of the death consists of the driving
of a motor vehicle or  operating  a  snowmobile,  all-terrain
vehicle,  or  watercraft,  in  which  case the person commits
reckless homicide.
    (b)  In cases involving reckless  homicide,  being  under
the  influence  of  alcohol or any other drug or drugs at the
time of  the  alleged  violation  shall  be  presumed  to  be
evidence  of  a  reckless act unless disproved by evidence to
the contrary.
    (c)  For the purposes of this Section, a person shall  be
considered  to  be  under  the  influence of alcohol or other
drugs while:
         1.  The alcohol concentration in the person's  blood
    or  breath  is  0.08  or  more based on the definition of
    blood  and  breath  units  in  Section  11-501.2  of  the
    Illinois Vehicle Code;
         2.  Under the influence of alcohol to a degree  that
    renders  the  person  incapable of safely driving a motor
    vehicle or operating a snowmobile,  all-terrain  vehicle,
    or watercraft;
         3.  Under   the  influence  of  any  other  drug  or
    combination of drugs to a degree that renders the  person
    incapable  of safely driving a motor vehicle or operating
    a snowmobile, all-terrain vehicle, or watercraft; or
         4.  Under the combined influence of alcohol and  any
    other  drug or drugs to a degree which renders the person
    incapable of safely driving a motor vehicle or  operating
    a snowmobile, all-terrain vehicle, or watercraft.
    (d)  Sentence.
         (1)  Involuntary manslaughter is a Class 3 felony.
         (2)  Reckless homicide is a Class 3 felony.
    (e)  Except   as   otherwise   provided   in  subsections
subsection  (e-5),  (e-7),  and  (e-8),  in  cases  involving
reckless homicide in which the defendant  was  determined  to
have been under the influence of alcohol or any other drug or
drugs  as an element of the offense, or in cases in which the
defendant is proven beyond a reasonable doubt  to  have  been
under  the  influence  of alcohol or any other drug or drugs,
the penalty shall be a Class 2 felony, for which a person, if
sentenced to a term of imprisonment, shall be sentenced to  a
term of not less than 3 years and not more than 14 years.
    (e-5)  In  cases involving reckless homicide in which the
defendant was determined to have been under the influence  of
alcohol  or  any  other  drug  or  drugs as an element of the
offense, or in cases in which the defendant is proven  beyond
a  reasonable  doubt  to  have  been  under  the influence of
alcohol or any other drug or drugs, if the defendant kills  2
or  more  individuals  as part of a single course of conduct,
the penalty is a Class 2  felony,  for  which  a  person,  if
sentenced  to a term of imprisonment, shall be sentenced to a
term of not less than 6 years and not more than 28 years.
    (e-7)  Except as otherwise provided in subsection  (e-8),
in  cases  involving reckless homicide in which the defendant
was driving in a construction or maintenance zone, as defined
in Section 11-605 of the Illinois Vehicle Code,  the  penalty
is  a  Class  2 felony, for which a person, if sentenced to a
term of imprisonment, shall be sentenced to  a  term  of  not
less than 3 years and not more than 14 years.
    (e-8)  In  cases involving reckless homicide in which the
defendant was driving in a construction or maintenance  zone,
as  defined  in  Section 11-605 of the Illinois Vehicle Code,
and caused the deaths of 2 or  more  persons  as  part  of  a
single  course  of  conduct, the penalty is a Class 2 felony,
for which a person, if sentenced to a term  of  imprisonment,
shall be sentenced to a term of not less than 6 years and not
more than 28 years.
    (f)  In cases involving involuntary manslaughter in which
the  victim  was  a  family or household member as defined in
paragraph (3) of Section  112A-3  of  the  Code  of  Criminal
Procedure of 1963, the penalty shall be a Class 2 felony, for
which  a person if sentenced to a term of imprisonment, shall
be sentenced to a term of not less than 3 years and not  more
than 14 years.
(Source: P.A.  91-6, eff. 1-1-00; 91-122, eff. 1-1-00; 92-16,
eff. 6-28-01.)