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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Section 11-503 as follows:
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6 | (625 ILCS 5/11-503) (from Ch. 95 1/2, par. 11-503)
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7 | Sec. 11-503. Reckless driving; aggravated reckless | ||||||
8 | driving.
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9 | (a) A
person commits reckless driving if he or she: | ||||||
10 | (1) 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.
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15 | (b) Every person convicted of reckless driving shall be | ||||||
16 | guilty of a
Class A misdemeanor, except as provided under | ||||||
17 | subsections (b-1), (c), and (d)
subsection (c) of this
Section.
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18 | (b-1) Except as provided in subsection (d), any person | ||||||
19 | convicted of violating subsection (a), if the violation causes | ||||||
20 | bodily harm to a child or a school crossing guard while the | ||||||
21 | school crossing guard is performing his or her official duties, | ||||||
22 | is guilty of a Class 4 felony.
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23 | (c) Every person convicted of committing a violation of |
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1 | subsection (a)
shall
be guilty of aggravated reckless driving | ||||||
2 | if the violation results in great
bodily harm or permanent | ||||||
3 | disability or disfigurement to another. Except as provided in | ||||||
4 | subsection (d) of this Section, aggravated
Aggravated
reckless | ||||||
5 | driving is a Class 4 felony. | ||||||
6 | (d) Any person convicted of violating subsection (a), if | ||||||
7 | the violation causes great bodily harm or permanent disability | ||||||
8 | or disfigurement to a child or a school crossing guard while | ||||||
9 | the school crossing guard is performing his or her official | ||||||
10 | duties, is guilty of aggravated reckless driving. Aggravated | ||||||
11 | reckless driving under this subsection (d) is a Class 3 felony.
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12 | (Source: P.A. 93-682, eff. 1-1-05.)
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13 | Section 10. The Criminal Code of 1961 is amended by | ||||||
14 | changing Section 9-3 as follows:
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15 | (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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16 | Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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17 | (a) A person who unintentionally kills an individual | ||||||
18 | without lawful
justification commits involuntary manslaughter | ||||||
19 | if his acts whether lawful
or unlawful which cause the death | ||||||
20 | are such as are likely to cause death or
great bodily harm to | ||||||
21 | some individual, and he performs them recklessly,
except in | ||||||
22 | cases in which the cause of the death consists of the driving | ||||||
23 | of
a motor vehicle or operating a snowmobile, all-terrain | ||||||
24 | vehicle, or watercraft,
in which case the person commits |
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1 | reckless homicide. A person commits reckless homicide if he or | ||||||
2 | she unintentionally kills an individual while driving a vehicle | ||||||
3 | and using an incline in a roadway, such as a railroad crossing, | ||||||
4 | bridge
approach, or hill, to cause the vehicle to become | ||||||
5 | airborne.
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6 | (b) (Blank).
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7 | (c) (Blank).
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8 | (d) Sentence.
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9 | (1) Involuntary manslaughter is a Class 3 felony.
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10 | (2) Reckless homicide is a Class 3 felony.
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11 | (e) (Blank). | ||||||
12 | (e-2) Except as provided in subsection (e-3), in cases | ||||||
13 | involving reckless homicide in which the offense is committed | ||||||
14 | upon a public thoroughfare where children pass going to and | ||||||
15 | from school when a school crossing guard is performing official | ||||||
16 | duties, the penalty is a Class 2 felony, for which a
person, if | ||||||
17 | sentenced to a term of imprisonment, shall be sentenced to a | ||||||
18 | term of
not less than 3 years and not more than 14 years. | ||||||
19 | (e-3) In cases involving reckless homicide in which (i) the | ||||||
20 | offense is committed upon a public thoroughfare where children | ||||||
21 | pass going to and from school when a school crossing guard is | ||||||
22 | performing official duties and (ii) the defendant causes the | ||||||
23 | deaths of 2 or more persons as part of a single course of | ||||||
24 | conduct, the penalty is a Class 2 felony, for which a
person, | ||||||
25 | if sentenced to a term of imprisonment, shall be sentenced to a | ||||||
26 | term of
not less than 6 years and not more than 28 years.
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1 | (e-5) (Blank).
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2 | (e-7) Except as otherwise provided in subsection (e-8), in | ||||||
3 | cases involving
reckless homicide in which the defendant was
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4 | driving in a construction or maintenance zone, as defined in | ||||||
5 | Section 11-605
of the Illinois Vehicle Code,
the penalty is a | ||||||
6 | Class 2 felony, for which a
person, if sentenced to a term of | ||||||
7 | imprisonment, shall be sentenced to a term of
not less than 3 | ||||||
8 | years and not more than 14 years.
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9 | (e-8) In cases involving reckless homicide in which the | ||||||
10 | defendant was
driving in a construction or maintenance zone, as | ||||||
11 | defined in Section 11-605
of the Illinois Vehicle Code, and | ||||||
12 | caused the deaths of 2 or more persons as
part of a single | ||||||
13 | course of conduct,
the penalty is a Class 2 felony, for which a
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14 | person, if sentenced to a term of imprisonment, shall be | ||||||
15 | sentenced to a term of
not less than 6 years and not more than | ||||||
16 | 28 years.
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17 | (e-9) In cases involving reckless homicide in which the | ||||||
18 | defendant drove a vehicle and used an incline in a roadway, | ||||||
19 | such as a railroad crossing, bridge
approach, or hill, to cause | ||||||
20 | the vehicle to become airborne, and caused the deaths of 2 or | ||||||
21 | more persons as
part of a single course of conduct,
the penalty | ||||||
22 | is a Class 2 felony.
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23 | (f) In cases involving involuntary manslaughter in which | ||||||
24 | the victim was a
family or household member as defined in | ||||||
25 | paragraph (3) of Section 112A-3 of the
Code of
Criminal | ||||||
26 | Procedure of 1963, the penalty shall be a Class 2 felony, for |
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1 | which a
person if sentenced to a term of imprisonment, shall be | ||||||
2 | sentenced to a term of
not less than 3 years and not more than | ||||||
3 | 14 years.
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4 | (Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, | ||||||
5 | eff. 7-18-03; 93-682, eff. 1-1-05.)
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