|
|
Public Act 095-0587
|
| SB0363 Enrolled |
LRB095 10479 RLC 30694 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 11-605.1
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 11-605.1
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 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.
|
(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.)
|