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Drivers Education & Safety Committee
Filed: 5/20/2008
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09500SB2596ham001 |
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LRB095 15332 RLC 51097 a |
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| AMENDMENT TO SENATE BILL 2596
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| AMENDMENT NO. ______. Amend Senate Bill 2596 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by |
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| changing Sections 9-3 and 12-5 as follows:
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| (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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| (Text of Section before amendment by P.A. 95-467, 95-551, |
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| and 95-587 ) |
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| Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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| (a) A person who unintentionally kills an individual |
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| without lawful
justification commits involuntary manslaughter |
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| if his acts whether lawful
or unlawful which cause the death |
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| are such as are likely to cause death or
great bodily harm to |
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| some individual, and he performs them recklessly,
except in |
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| cases in which the cause of the death consists of the driving |
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| of
a motor vehicle or operating a snowmobile, all-terrain |
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09500SB2596ham001 |
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LRB095 15332 RLC 51097 a |
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| vehicle, or watercraft,
in which case the person commits |
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| reckless homicide. A person commits reckless homicide if he or |
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| she unintentionally kills an individual while driving a vehicle |
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| and using an incline in a roadway, such as a railroad crossing, |
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| bridge
approach, or hill, to cause the vehicle to become |
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| airborne.
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| (b) (Blank).
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| (c) (Blank).
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| (d) Sentence.
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| (1) Involuntary manslaughter is a Class 3 felony.
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| (2) Reckless homicide is a Class 3 felony.
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| (e) (Blank).
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| (e-5) (Blank).
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| (e-7) Except as otherwise provided in subsection (e-8), in |
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| cases involving
reckless homicide in which the defendant: (1)
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| was
driving in a construction or maintenance zone, as defined |
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| in Section 11-605
of the Illinois Vehicle Code, or (2) was |
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| operating a vehicle while failing or refusing to comply with |
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| any lawful order or direction of any authorized police officer |
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| or traffic control aide engaged in traffic control,
the penalty |
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| is a Class 2 felony, for which a
person, if sentenced to a term |
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| of imprisonment, shall be sentenced to a term of
not less than |
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| 3 years and not more than 14 years.
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| (e-8) In cases involving reckless homicide in which the |
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| defendant caused the deaths of 2 or more persons as part of a |
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| single course of conduct and: (1) was
driving in a construction |
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09500SB2596ham001 |
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LRB095 15332 RLC 51097 a |
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| or maintenance zone, as defined in Section 11-605
of the |
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| Illinois Vehicle Code, or (2) was operating a vehicle while |
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| failing or refusing to comply with any lawful order or |
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| direction of any authorized police officer or traffic control |
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| aide engaged in traffic control,
the penalty is a Class 2 |
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| felony, for which a
person, if sentenced to a term of |
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| imprisonment, shall be sentenced to a term of
not less than 6 |
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| years and not more than 28 years.
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| (e-9) In cases involving reckless homicide in which the |
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| defendant drove a vehicle and used an incline in a roadway, |
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| such as a railroad crossing, bridge
approach, or hill, to cause |
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| the vehicle to become airborne, and caused the deaths of 2 or |
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| more persons as
part of a single course of conduct,
the penalty |
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| is a Class 2 felony.
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| (e-12) In cases involving reckless homicide in which a |
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| person or persons were killed as a result of the defendant's |
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| reckless operation of a motor vehicle on a roadway and the |
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| victim or victims of the offense were vulnerable users of a |
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| public way, the penalty shall be a Class 2 felony and is |
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| subject to a maximum fine of $10,000. For the purposes of this |
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| subsection (e-12), "vulnerable user of a public way" includes, |
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| but is not limited to, pedestrians who are lawfully present on |
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| the roadway and persons who are lawfully operating the |
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| following on a roadway: |
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| (1) bicycles; |
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| (2) wheelchairs; |
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09500SB2596ham001 |
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LRB095 15332 RLC 51097 a |
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| (3) motor-driven cycles; or |
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| (4) farm tractors or implements of husbandry.
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| (f) In cases involving involuntary manslaughter in which |
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| the victim was a
family or household member as defined in |
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| paragraph (3) of Section 112A-3 of the
Code of
Criminal |
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| Procedure of 1963, the penalty shall be a Class 2 felony, for |
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| which a
person if sentenced to a term of imprisonment, shall be |
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| sentenced to a term of
not less than 3 years and not more than |
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| 14 years.
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| (Source: P.A. 95-591, eff. 9-10-07.)
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| (Text of Section after amendment by P.A. 95-467, 95-551, |
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| and 95-587 ) |
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| Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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| (a) A person who unintentionally kills an individual |
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| without lawful
justification commits involuntary manslaughter |
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| if his acts whether lawful
or unlawful which cause the death |
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| are such as are likely to cause death or
great bodily harm to |
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| some individual, and he performs them recklessly,
except in |
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| cases in which the cause of the death consists of the driving |
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| of
a motor vehicle or operating a snowmobile, all-terrain |
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| vehicle, or watercraft,
in which case the person commits |
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| reckless homicide. A person commits reckless homicide if he or |
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| she unintentionally kills an individual while driving a vehicle |
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| and using an incline in a roadway, such as a railroad crossing, |
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| bridge
approach, or hill, to cause the vehicle to become |
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LRB095 15332 RLC 51097 a |
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| airborne.
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| (b) (Blank).
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| (c) (Blank).
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| (d) Sentence.
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| (1) Involuntary manslaughter is a Class 3 felony.
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| (2) Reckless homicide is a Class 3 felony.
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| (e) (Blank).
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| (e-2) Except as provided in subsection (e-3), in cases |
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| involving reckless homicide in which the offense is committed |
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| upon a public thoroughfare where children pass going to and |
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| from school when a school crossing guard is performing official |
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| duties, the penalty is a Class 2 felony, for which a
person, if |
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| sentenced to a term of imprisonment, shall be sentenced to a |
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| term of
not less than 3 years and not more than 14 years. |
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| (e-3) In cases involving reckless homicide in which (i) the |
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| offense is committed upon a public thoroughfare where children |
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| pass going to and from school when a school crossing guard is |
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| performing official duties and (ii) the defendant causes the |
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| deaths of 2 or more persons as part of a single course of |
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| conduct, the penalty is a Class 2 felony, for which a
person, |
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| if sentenced to a term of imprisonment, shall be sentenced to a |
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| term of
not less than 6 years and not more than 28 years.
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| (e-5) (Blank).
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| (e-7) Except as otherwise provided in subsection (e-8), in |
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| cases involving
reckless homicide in which the defendant: (1)
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| was
driving in a construction or maintenance zone, as defined |
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09500SB2596ham001 |
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LRB095 15332 RLC 51097 a |
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| in Section 11-605.1
of the Illinois Vehicle Code, or (2) was |
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| operating a vehicle while failing or refusing to comply with |
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| any lawful order or direction of any authorized police officer |
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| or traffic control aide engaged in traffic control,
the penalty |
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| is a Class 2 felony, for which a
person, if sentenced to a term |
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| of imprisonment, shall be sentenced to a term of
not less than |
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| 3 years and not more than 14 years.
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| (e-8) In cases involving reckless homicide in which the |
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| defendant caused the deaths of 2 or more persons as part of a |
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| single course of conduct and: (1) was
driving in a construction |
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| or maintenance zone, as defined in Section 11-605.1
of the |
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| Illinois Vehicle Code, or (2) was operating a vehicle while |
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| failing or refusing to comply with any lawful order or |
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| direction of any authorized police officer or traffic control |
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| aide engaged in traffic control,
the penalty is a Class 2 |
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| felony, for which a
person, if sentenced to a term of |
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| imprisonment, shall be sentenced to a term of
not less than 6 |
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| years and not more than 28 years.
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| (e-9) In cases involving reckless homicide in which the |
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| defendant drove a vehicle and used an incline in a roadway, |
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| such as a railroad crossing, bridge
approach, or hill, to cause |
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| the vehicle to become airborne, and caused the deaths of 2 or |
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| more persons as
part of a single course of conduct,
the penalty |
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| is a Class 2 felony.
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| (e-10) In cases involving involuntary manslaughter or |
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| reckless homicide resulting in the death of a peace officer |
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LRB095 15332 RLC 51097 a |
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| killed in the performance of his or her duties as a peace |
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| officer, the penalty is a Class 2 felony.
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| (e-11)
(e-10) In cases involving reckless homicide in which |
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| the defendant unintentionally kills an individual while |
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| driving in a posted school zone, as defined in Section 11-605 |
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| of the Illinois Vehicle Code, while children are present or in |
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| a construction or maintenance zone, as defined in Section |
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| 11-605.1 of the Illinois Vehicle Code, when construction or |
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| maintenance workers are present the trier of fact may infer |
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| that the defendant's actions were performed recklessly where he |
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| or she was also either driving at a speed of more than 20 miles |
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| per hour in excess of the posted speed limit or violating |
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| Section 11-501 of the Illinois Vehicle Code.
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| (e-12) In cases involving reckless homicide in which a |
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| person or persons were killed as a result of the defendant's |
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| reckless operation of a motor vehicle on a roadway and the |
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| victim or victims of the offense were vulnerable users of a |
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| public way, the penalty shall be a Class 2 felony and is |
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| subject to a maximum fine of $10,000. For the purposes of this |
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| subsection (e-12), "vulnerable user of a public way" includes, |
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| but is not limited to, pedestrians who are lawfully present on |
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| the roadway and persons who are lawfully operating the |
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| following on a roadway: |
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| (1) bicycles; |
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| (2) wheelchairs; |
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| (3) motor-driven cycles; or |
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09500SB2596ham001 |
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LRB095 15332 RLC 51097 a |
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| (4) farm tractors or implements of husbandry.
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| (f) In cases involving involuntary manslaughter in which |
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| the victim was a
family or household member as defined in |
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| paragraph (3) of Section 112A-3 of the
Code of
Criminal |
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| Procedure of 1963, the penalty shall be a Class 2 felony, for |
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| which a
person if sentenced to a term of imprisonment, shall be |
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| sentenced to a term of
not less than 3 years and not more than |
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| 14 years.
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| (Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, |
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| eff. 6-1-08; 95-591, eff. 9-10-07; revised 10-30-07.)
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| (720 ILCS 5/12-5) (from Ch. 38, par. 12-5)
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| Sec. 12-5. Reckless
conduct.
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| (a) A person who causes bodily harm to or endangers the |
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| bodily safety of
an individual by any means, commits reckless |
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| conduct if he or she performs
recklessly the acts that
cause |
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| the harm or endanger safety, whether they
otherwise are lawful |
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| or unlawful. |
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| (a-5) A person who causes great bodily harm or permanent |
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| disability or disfigurement by any means, commits reckless |
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| conduct if he or she performs recklessly the acts that cause |
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| the harm, whether they otherwise are lawful or unlawful.
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| (b) Sentence.
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| Reckless conduct under subsection (a) is a Class A |
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| misdemeanor. Reckless conduct under subsection (a-5) is a Class |
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| 4 felony. Reckless conduct under subsection (a) in which the |
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LRB095 15332 RLC 51097 a |
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| person injured or the persons whose safety was endangered was a |
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| vulnerable user of a public way and the person who caused the |
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| injury or who endangered the safety of another person was |
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| operating a motor vehicle upon a roadway is a Class 4 felony |
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| and is subject to a maximum fine of $10,000. |
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| (c) For purposes of this Section, "vulnerable user of a |
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| public way" includes, but is not limited to, pedestrians who |
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| are lawfully present on the roadway and person who are lawfully |
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| operating the following on a roadway: |
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| (1) bicycles; |
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| (2) wheelchairs; |
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| (3) motor-driven cycles; or |
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| (4) farm tractors or implements of husbandry.
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| (Source: P.A. 93-710, eff. 1-1-05.)
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| Section 95. No acceleration or delay. Where this Act makes |
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| changes in a statute that is represented in this Act by text |
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| that is not yet or no longer in effect (for example, a Section |
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| represented by multiple versions), the use of that text does |
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| not accelerate or delay the taking effect of (i) the changes |
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| made by this Act or (ii) provisions derived from any other |
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| Public Act.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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