State of Illinois
91st General Assembly
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Public Act 91-0122

SB735 Enrolled                                LRB9101923RCksB

    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 0.08 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)  Except as otherwise provided in subsection (e-5), 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.
    (e-5)  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, if the defendant kills 2
or more individuals 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.   90-43,  eff.  7-2-97;  90-119,  eff.  1-1-98;
90-655, eff. 7-30-98.)

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