Illinois General Assembly - Full Text of Public Act 095-0551

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Public Act 095-0551

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Public Act 0551 95TH GENERAL ASSEMBLY

Public Act 095-0551

HB0845 Enrolled LRB095 08430 RLC 28605 b

    AN ACT concerning criminal law.

    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. A person commits reckless homicide if he or
she unintentionally kills an individual while driving a vehicle
and using an incline in a roadway, such as a railroad crossing,
bridge approach, or hill, to cause the vehicle to become
airborne.
    (b) (Blank).
    (c) (Blank).
    (d) Sentence.
        (1) Involuntary manslaughter is a Class 3 felony.
        (2) Reckless homicide is a Class 3 felony.
    (e) (Blank).
    (e-5) (Blank).
    (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.
    (e-9) In cases involving reckless homicide in which the
defendant drove a vehicle and used an incline in a roadway,
such as a railroad crossing, bridge approach, or hill, to cause
the vehicle to become airborne, and caused the deaths of 2 or
more persons as part of a single course of conduct, the penalty
is a Class 2 felony.
    (e-10) In cases involving involuntary manslaughter or
reckless homicide resulting in the death of a peace officer
killed in the performance of his or her duties as a peace
officer, the penalty is a Class 2 felony.
    (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. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213,
eff. 7-18-03; 93-682, eff. 1-1-05.)

Effective Date: 6/1/2008

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