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Public Act 095-0803
Public Act 0803 95TH GENERAL ASSEMBLY
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Public Act 095-0803
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| SB2488 Enrolled |
LRB095 19871 WGH 46270 b |
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| AN ACT concerning transportation, which may be referred to | as James "Shib" Miller and William Grant's Law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Vehicle Code is amended by adding | Section 11-213 as follows:
| (625 ILCS 5/11-213 new) | Sec. 11-213. Power of a fire department officer; highway or | lane closure. In the absence of a law enforcement officer or a | representative of the highway agency having jurisdiction over | the highway, an officer of a fire department, in the
| performance of his or her official duties, has the authority to
| close to traffic a highway, or a lane or lanes of a highway, as
| necessary to protect the safety of persons or property. In | order to promote the safe implementation of this Section, the | fire department officer shall utilize an official fire | department vehicle with lighted red or white oscillating, | rotating, or flashing lights in accordance with Section 12-215 | of this Code and proper temporary traffic control in accordance | with the sections of the Illinois Manual on Uniform Traffic | Control Devices concerning temporary traffic control and | incident management. The officer should also receive training | in safe practices for accomplishing these tasks near traffic. |
| This Section does not apply to highways under the jurisdiction | of the Illinois State Toll Highway Authority.
As used in this | Section, "highway" has the meaning set forth in Section 1-126 | of this Code.
| Section 10. 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)
| (Text of Section after amendment by P.A. 95-467, 95-551, | and 95-587) | 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).
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| (c) (Blank).
| (d) Sentence.
| (1) Involuntary manslaughter is a Class 3 felony.
| (2) Reckless homicide is a Class 3 felony.
| (e) (Blank).
| (e-2) Except as provided in subsection (e-3), in cases | involving reckless homicide in which the offense is committed | upon a public thoroughfare where children pass going to and | from school when a school crossing guard is performing official | duties, 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-3) In cases involving reckless homicide in which (i) the | offense is committed upon a public thoroughfare where children | pass going to and from school when a school crossing guard is | performing official duties and (ii) the defendant causes 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-5) (Blank).
| (e-7) Except as otherwise provided in subsection (e-8), in | cases involving
reckless homicide in which the defendant: (1)
| was
driving in a construction or maintenance zone, as defined | in Section 11-605.1
of the Illinois Vehicle Code, or (2) was | operating a vehicle while failing or refusing to comply with |
| any lawful order or direction of any authorized police officer | or traffic control aide engaged in traffic control,
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 caused the deaths of 2 or more persons as part of a | single course of conduct and: (1) was
driving in a construction | or maintenance zone, as defined in Section 11-605.1
of the | Illinois Vehicle Code, or (2) was operating a vehicle while | failing or refusing to comply with any lawful order or | direction of any authorized police officer or traffic control | aide engaged in traffic control,
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.
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| (e-11)
(e-10) In cases involving reckless homicide in which | the defendant unintentionally kills an individual while | driving in a posted school zone, as defined in Section 11-605 | of the Illinois Vehicle Code, while children are present or in | a construction or maintenance zone, as defined in Section | 11-605.1 of the Illinois Vehicle Code, when construction or | maintenance workers are present the trier of fact may infer | that the defendant's actions were performed recklessly where he | or she was also either driving at a speed of more than 20 miles | per hour in excess of the posted speed limit or violating | Section 11-501 of the Illinois Vehicle Code.
| (e-12) Except as otherwise provided in subsection (e-13), | in cases involving
reckless homicide in which the offense was | committed as result
of a violation of subsection (c) of Section | 11-907 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-13) In cases involving
reckless homicide in which the | offense was committed as result
of a violation of subsection | (c) of Section 11-907 of the Illinois Vehicle Code and the | defendant 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.
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| (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. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, | eff. 6-1-08; 95-591, eff. 9-10-07; revised 10-30-07.)
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Effective Date: 1/1/2009
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