HB4006 Enrolled

LRB093 16016 WGH 41640 b






1
    AN ACT concerning vehicular offenses.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Vehicle Code is amended  by changing 
5
Section 11-503 as follows:
 



6
    (625 ILCS 5/11-503)  (from Ch. 95 1/2, par. 11-503)



7
    Sec. 11-503. Reckless driving; aggravated reckless 
8
driving. 

9
    (a) A
Any
person commits  reckless driving if he or she:
10
        (1)
who drives any vehicle with
a willful or wanton 
11
    disregard for the safety of persons or property; or
12
        (2) knowingly drives a vehicle and uses an incline in a 
13
    roadway, such as a railroad crossing, bridge
approach, or 
14
    hill, to cause the vehicle to become airborne
is
guilty of 
15
    reckless driving.

16
    (b) Every person convicted of reckless driving shall be 
17
guilty of a
Class A misdemeanor, except as provided under 
18
subsection (c) of this
Section.

19
    (c) Every person convicted of committing a violation of 
20
subsection (a)
shall
be guilty of aggravated reckless driving 
21
if the violation results in great
bodily harm or permanent 
22
disability or disfigurement to another.  Aggravated
reckless 
23
driving is a Class 4 felony.

24
(Source: P.A. 88-679, eff. 7-1-95.)

 
25
    Section 10. The Criminal Code of 1961 is amended  by 
26
changing Section 9-3 as follows:
 



27
    (720 ILCS 5/9-3)  (from Ch. 38, par. 9-3)



28
    Sec. 9-3. Involuntary Manslaughter and Reckless Homicide. 

29
    (a) A person who unintentionally kills an individual 
30
without lawful
justification commits involuntary manslaughter 
 


 






HB4006 Enrolled
- 2 -
LRB093 16016 WGH 41640 b




1
if his acts whether lawful
or unlawful which cause the death 
2
are such as are likely to cause death or
great bodily harm to 
3
some individual, and he performs them recklessly,
except in 
4
cases in which the cause of the death consists of the driving 
5
of
a motor vehicle or operating a snowmobile, all-terrain 
6
vehicle, or watercraft,
in which case the person commits 
7
reckless homicide. A person commits reckless homicide if he or 
8
she unintentionally kills an individual while driving a vehicle 
9
and using an incline in a roadway, such as a railroad crossing, 
10
bridge
approach, or hill, to cause the vehicle to become 
11
airborne.


12
    (b) (Blank).

13
    (c) (Blank).

14
    (d) Sentence.


15
        (1) Involuntary manslaughter is a Class 3 felony.


16
        (2) Reckless homicide is a Class 3 felony.

17
    (e) (Blank). subsections, (e-7), and (e-8)

18
    (e-5) (Blank).

19
    (e-7) Except as otherwise provided in subsection (e-8), in 
20
cases involving
reckless homicide in which the defendant was

21
driving in a construction or maintenance zone, as defined in 
22
Section 11-605
of the Illinois Vehicle Code,
the penalty is a 
23
Class 2 felony, for which a
person, if sentenced to a term of 
24
imprisonment, shall be sentenced to a term of
not less than 3 
25
years and not more than 14 years.

26
    (e-8) In cases involving reckless homicide in which the 
27
defendant was
driving in a construction or maintenance zone, as 
28
defined in Section 11-605
of the Illinois Vehicle Code, and 
29
caused the deaths of 2 or more persons as
part of a single 
30
course of conduct,
the penalty is a Class 2 felony, for which a

31
person, if sentenced to a term of imprisonment, shall be 
32
sentenced to a term of
not less than 6 years and not more than 
33
28 years.

34
    (e-9) In cases involving reckless homicide in which the 
35
defendant drove a vehicle and used an incline in a roadway, 
36
such as a railroad crossing, bridge
approach, or hill, to cause 
 


 






HB4006 Enrolled
- 3 -
LRB093 16016 WGH 41640 b




1
the vehicle to become airborne, and caused the deaths of 2 or 
2
more persons as
part of a single course of conduct,
the penalty 
3
is a Class 2 felony.

4
    (f) In cases involving involuntary manslaughter in which 
5
the victim was a
family or household member as defined in 
6
paragraph (3) of Section 112A-3 of the
Code of
Criminal 
7
Procedure of 1963, the penalty shall be a Class 2 felony, for 
8
which a
person if sentenced to a term of imprisonment, shall be 
9
sentenced to a term of
not less than 3 years and not more than 
10
14 years.

11
(Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, 
12
eff.
7-18-03; revised 7-28-03.)