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Sen. John G. Mulroe
Filed: 2/19/2019
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| 1 | | AMENDMENT TO SENATE BILL 1380
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1380 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Criminal Code of 2012 is amended by |
| 5 | | changing Section 9-3 as follows:
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| 6 | | (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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| 7 | | Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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| 8 | | (a) A person who unintentionally kills an individual |
| 9 | | without lawful
justification commits involuntary manslaughter |
| 10 | | if his acts whether lawful
or unlawful which cause the death |
| 11 | | are such as are likely to cause death or
great bodily harm to |
| 12 | | some individual, and he performs them recklessly,
except in |
| 13 | | cases in which the cause of the death consists of the driving |
| 14 | | of
a motor vehicle or operating a snowmobile, all-terrain |
| 15 | | vehicle, or watercraft,
in which case the person commits |
| 16 | | reckless homicide. A person commits reckless homicide if he or |
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| 1 | | she unintentionally kills an individual while driving a vehicle |
| 2 | | and using an incline in a roadway, such as a railroad crossing, |
| 3 | | bridge
approach, or hill, to cause the vehicle to become |
| 4 | | airborne.
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| 5 | | (a-5) A person commits involuntary manslaughter when he or |
| 6 | | she commits any criminal act that causes or results in |
| 7 | | responsive actions by a first responder and that first |
| 8 | | responder is killed as a proximate cause of responding to that |
| 9 | | criminal act. |
| 10 | | (b) (Blank).
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| 11 | | (c) (Blank).
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| 12 | | (d) Sentence.
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| 13 | | (1) Involuntary manslaughter is a Class 3 felony.
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| 14 | | (2) Reckless homicide is a Class 3 felony.
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| 15 | | (e) (Blank).
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| 16 | | (e-2) Except as provided in subsection (e-3), in cases |
| 17 | | involving reckless homicide in which the offense is committed |
| 18 | | upon a public thoroughfare where children pass going to and |
| 19 | | from school when a school crossing guard is performing official |
| 20 | | duties, the penalty is a Class 2 felony, for which a
person, if |
| 21 | | sentenced to a term of imprisonment, shall be sentenced to a |
| 22 | | term of
not less than 3 years and not more than 14 years. |
| 23 | | (e-3) In cases involving reckless homicide in which (i) the |
| 24 | | offense is committed upon a public thoroughfare where children |
| 25 | | pass going to and from school when a school crossing guard is |
| 26 | | performing official duties and (ii) the defendant causes the |
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| 1 | | deaths of 2 or more persons as part of a single course of |
| 2 | | conduct, the penalty is a Class 2 felony, for which a
person, |
| 3 | | if sentenced to a term of imprisonment, shall be sentenced to a |
| 4 | | term of
not less than 6 years and not more than 28 years.
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| 5 | | (e-5) (Blank).
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| 6 | | (e-7) Except as otherwise provided in subsection (e-8), in |
| 7 | | cases involving
reckless homicide in which the defendant: (1)
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| 8 | | was
driving in a construction or maintenance zone, as defined |
| 9 | | in Section 11-605.1
of the Illinois Vehicle Code, or (2) was |
| 10 | | operating a vehicle while failing or refusing to comply with |
| 11 | | any lawful order or direction of any authorized police officer |
| 12 | | or traffic control aide engaged in traffic control,
the penalty |
| 13 | | is a Class 2 felony, for which a
person, if sentenced to a term |
| 14 | | of imprisonment, shall be sentenced to a term of
not less than |
| 15 | | 3 years and not more than 14 years.
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| 16 | | (e-8) In cases involving reckless homicide in which the |
| 17 | | defendant caused the deaths of 2 or more persons as part of a |
| 18 | | single course of conduct and: (1) was
driving in a construction |
| 19 | | or maintenance zone, as defined in Section 11-605.1
of the |
| 20 | | Illinois Vehicle Code, or (2) was operating a vehicle while |
| 21 | | failing or refusing to comply with any lawful order or |
| 22 | | direction of any authorized police officer or traffic control |
| 23 | | aide engaged in traffic control,
the penalty is a Class 2 |
| 24 | | felony, for which a
person, if sentenced to a term of |
| 25 | | imprisonment, shall be sentenced to a term of
not less than 6 |
| 26 | | years and not more than 28 years.
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| 1 | | (e-9) In cases involving reckless homicide in which the |
| 2 | | defendant drove a vehicle and used an incline in a roadway, |
| 3 | | such as a railroad crossing, bridge
approach, or hill, to cause |
| 4 | | the vehicle to become airborne, and caused the deaths of 2 or |
| 5 | | more persons as
part of a single course of conduct,
the penalty |
| 6 | | is a Class 2 felony.
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| 7 | | (e-10) In cases involving involuntary manslaughter or |
| 8 | | reckless homicide resulting in the death of a peace officer |
| 9 | | killed in the performance of his or her duties as a peace |
| 10 | | officer, the penalty is a Class 2 felony.
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| 11 | | (e-11)
In cases involving reckless homicide in which the |
| 12 | | defendant unintentionally kills an individual while driving in |
| 13 | | a posted school zone, as defined in Section 11-605 of the |
| 14 | | Illinois Vehicle Code, while children are present or in a |
| 15 | | construction or maintenance zone, as defined in Section |
| 16 | | 11-605.1 of the Illinois Vehicle Code, when construction or |
| 17 | | maintenance workers are present the trier of fact may infer |
| 18 | | that the defendant's actions were performed recklessly where he |
| 19 | | or she was also either driving at a speed of more than 20 miles |
| 20 | | per hour in excess of the posted speed limit or violating |
| 21 | | Section 11-501 of the Illinois Vehicle Code.
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| 22 | | (e-12) Except as otherwise provided in subsection (e-13), |
| 23 | | in cases involving
reckless homicide in which the offense was |
| 24 | | committed as result
of a violation of subsection (c) of Section |
| 25 | | 11-907 of the Illinois Vehicle Code,
the penalty is a Class 2 |
| 26 | | felony, for which a
person, if sentenced to a term of |
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| 1 | | imprisonment, shall be sentenced to a term of
not less than 3 |
| 2 | | years and not more than 14 years. |
| 3 | | (e-13) In cases involving
reckless homicide in which the |
| 4 | | offense was committed as result
of a violation of subsection |
| 5 | | (c) of Section 11-907 of the Illinois Vehicle Code and the |
| 6 | | defendant caused the deaths of 2 or more persons as
part of a |
| 7 | | single course of conduct,
the penalty is a Class 2 felony, for |
| 8 | | which a
person, if sentenced to a term of imprisonment, shall |
| 9 | | be sentenced to a term of
not less than 6 years and not more |
| 10 | | than 28 years.
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| 11 | | (e-14)
In cases involving reckless homicide in which the |
| 12 | | defendant unintentionally kills an individual, the trier of |
| 13 | | fact may infer that the defendant's actions were performed |
| 14 | | recklessly where he or she was also violating subsection (c) of |
| 15 | | Section 11-907 of the Illinois Vehicle Code. The penalty for a |
| 16 | | reckless homicide in which the driver also violated subsection |
| 17 | | (c) of Section 11-907 of the Illinois Vehicle Code is a Class 2 |
| 18 | | felony, for which a person, if sentenced to a term of |
| 19 | | imprisonment, shall be sentenced to a term of not less than 3 |
| 20 | | years and not more than 14 years.
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| 21 | | (f) In cases involving involuntary manslaughter in which |
| 22 | | the victim was a
family or household member as defined in |
| 23 | | paragraph (3) of Section 112A-3 of the
Code of
Criminal |
| 24 | | Procedure of 1963, the penalty shall be a Class 2 felony, for |
| 25 | | which a
person if sentenced to a term of imprisonment, shall be |
| 26 | | sentenced to a term of
not less than 3 years and not more than |