Illinois General Assembly - Full Text of Public Act 095-0803
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Public Act 095-0803


 

Public Act 0803 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0803
 
SB2488 Enrolled LRB095 19871 WGH 46270 b

    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).
    (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.
    (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.
    (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.)

Effective Date: 1/1/2009