93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4587


 
Introduced 02/04/04, by Robert S. Molaro
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Criminal Code of 1961.  Provides that in cases involving reckless homicide in which the defendant was driving in a  construction or maintenance zone at a speed in excess of the posted speed limit required when workers are present or in violation of any warning signs that indicate that workers are present  and caused the death of one person in the construction or maintenance zone, the penalty is a Class 1 felony. Provides that driving in a construction or maintenance zone at a    speed in excess of the posted speed limit required when workers are present or in violation of any warning signs that indicate that workers are present  constitutes a reckless act.



















LRB093 20474 RLC 46262 b




















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 














HB4587

LRB093 20474 RLC 46262 b









1
    AN ACT concerning criminal law.

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


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 9-3 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. 93-178)

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

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    (a) A person who unintentionally kills an individual 
10
without lawful
justification commits involuntary manslaughter 
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if his acts whether lawful
or unlawful which cause the death 
12
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 
14
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 
16
vehicle, or watercraft,
in which case the person commits 
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reckless homicide.

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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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    (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 
28
Procedure of 1963, the penalty shall be a Class 2 felony, for 
29
which a
person if sentenced to a term of imprisonment, shall be 
30
sentenced to a term of
not less than 3 years and not more than 
31
14 years.

32
(Source: P.A. 92-16, eff. 6-28-01; 93-213, eff. 7-18-03.)

 

 


 









HB4587
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LRB093 20474 RLC 46262 b







1
    (Text of Section after amendment by P.A. 93-178)

2
    Sec. 9-3. Involuntary Manslaughter and Reckless Homicide. 

3
    (a) A person who unintentionally kills an individual 
4
without lawful
justification commits involuntary manslaughter 
5
if his acts whether lawful
or unlawful which cause the death 
6
are such as are likely to cause death or
great bodily harm to 
7
some individual, and he performs them recklessly,
except in 
8
cases in which the cause of the death consists of the driving 
9
of
a motor vehicle or operating a snowmobile, all-terrain 
10
vehicle, or watercraft,
in which case the person commits 
11
reckless homicide.

12
    (b) (Blank).

13
    (c) (Blank).

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    (d) Sentence.


15
        (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). subsections, (e-7), and (e-8)

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    (e-5) (Blank).

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    (e-7) Except as otherwise provided in subsections

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subsection (e-8) and (e-9), in cases involving
reckless 
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homicide in which the defendant was
driving in a construction 
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or maintenance zone, as defined in Section 11-605
of the 
23
Illinois Vehicle Code,
the penalty is a Class 2 felony, for 
24
which a
person, if sentenced to a term of imprisonment, shall 
25
be sentenced to a term of
not less than 3 years and not more 
26
than 14 years.

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

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person, if sentenced to a term of imprisonment, shall be 
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sentenced to a term of
not less than 6 years and not more than 
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28 years.
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    (e-9) In cases involving reckless homicide in which the 
 


 









HB4587
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LRB093 20474 RLC 46262 b







1
defendant was driving in a  construction or maintenance zone, as 
2
defined in Section 11-605
of the Illinois Vehicle Code, at a 
3
speed in excess of the posted speed limit required when workers 
4
are present or in violation of any warning signs that indicate 
5
that workers are present  and caused the death of one person in 
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the construction or maintenance zone, the penalty is a Class 1 
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felony.
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    (e-10) For purposes of this Section, driving in a 
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construction or maintenance zone at a    speed in excess of the 
10
posted speed limit required when workers are present or in 
11
violation of any warning signs that indicate that workers are 
12
present  constitutes a reckless act.


13
    (f) In cases involving involuntary manslaughter in which 
14
the victim was a
family or household member as defined in 
15
paragraph (3) of Section 112A-3 of the
Code of
Criminal 
16
Procedure of 1963, the penalty shall be a Class 2 felony, for 
17
which a
person if sentenced to a term of imprisonment, shall be 
18
sentenced to a term of
not less than 3 years and not more than 
19
14 years.

20
(Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, 
21
eff.
7-18-03; revised 7-28-03.)