093_HB0566ham001 LRB093 05572 RLC 13867 a 1 AMENDMENT TO HOUSE BILL 566 2 AMENDMENT NO. . Amend House Bill 566 as follows: 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 5. The Criminal Code of 1961 is amended by 6 adding Section 9-3.4 as follows: 7 (720 ILCS 5/9-3.4 new) 8 Sec. 9-3.4. Vehicular homicide. 9 (a) A person who unintentionally kills an individual or 10 an unborn child while operating or in actual physical control 11 of a motor vehicle, motorcycle, snowmobile, or watercraft 12 commits vehicular homicide if: 13 (1) the death is the proximate result of committing 14 a violation of the Illinois Vehicle Code, the Boat 15 Registration and Safety Act, the Wildlife Code, the Fish 16 and Aquatic Life Code, or the Snowmobile Registration and 17 Safety Act; or 18 (2) the motor vehicle, motorcycle, snowmobile, or 19 watercraft is operated in a careless or negligent manner. 20 (b) Sentence. 21 (1) Vehicular homicide as defined in paragraph (1) 22 of subsection (a) of this Section is a Class A -2- LRB093 05572 RLC 13867 a 1 misdemeanor. 2 (2) Vehicular homicide as defined in paragraph (1) 3 of subsection (a) of this Section committed by a person 4 who was driving a motor vehicle or motorcycle without a 5 valid driver's license of the proper type and 6 classification or a commercial driver's license, if the 7 operation of the vehicle required a commercial driver's 8 license, or committed by a person who is found to be 9 operating a motor vehicle not covered by a liability 10 insurance policy in accordance with Section 7-601 of the 11 Illinois Vehicle Code, is a Class 4 felony. 12 (3) Vehicular homicide as defined in paragraph (1) 13 of subsection (a) of this Section committed by a person 14 who was driving a motor vehicle or motorcycle without a 15 valid driver's license of the proper type and 16 classification or a commercial driver's license, if the 17 operation of the vehicle required a commercial driver's 18 license, or committed by a person who is found to be 19 operating a motor vehicle not covered by a liability 20 insurance policy in accordance with Section 7-601 of the 21 Illinois Vehicle Code, if paragraph (2) of subsection (a) 22 was an element of the offense, is a Class 3 felony. 23 (4) A second or subsequent conviction for vehicular 24 homicide as defined in paragraph (1) of subsection (a) of 25 this Section is a Class X felony.".