Public Act 90-0119 of the 90th General Assembly
Public Act 90-0119
SB109 Enrolled LRB9001521RCks
AN ACT to amend the Criminal Code of 1961 by changing
Section 9-3.
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, 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 0.10 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;
3. Under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving; 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.
(d) Sentence.
(1) Involuntary manslaughter is a Class 3 felony.
(2) Reckless homicide is a Class 3 felony.
(e) 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.
(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. 86-1317; 87-274; 87-1198.)