|
|||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | AN ACT concerning criminal law.
| ||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||
4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||||
5 | Sections 9-3 and 12-4 as follows:
| ||||||||||||||||||||||||||
6 | (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
| ||||||||||||||||||||||||||
7 | Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
| ||||||||||||||||||||||||||
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 | ||||||||||||||||||||||||||
17 | she unintentionally kills an individual while driving a vehicle | ||||||||||||||||||||||||||
18 | and using an incline in a roadway, such as a railroad crossing, | ||||||||||||||||||||||||||
19 | bridge
approach, or hill, to cause the vehicle to become | ||||||||||||||||||||||||||
20 | airborne.
| ||||||||||||||||||||||||||
21 | (b) (Blank).
| ||||||||||||||||||||||||||
22 | (c) (Blank).
| ||||||||||||||||||||||||||
23 | (d) Sentence.
|
| |||||||
| |||||||
1 | (1) Involuntary manslaughter is a Class 3 felony.
| ||||||
2 | (2) Reckless homicide is a Class 3 felony.
| ||||||
3 | (e) (Blank).
| ||||||
4 | (e-5) (Blank).
| ||||||
5 | (e-7) Except as otherwise provided in subsection (e-8), in | ||||||
6 | cases involving
reckless homicide in which the defendant was
| ||||||
7 | driving in a construction or maintenance zone, as defined in | ||||||
8 | Section 11-605
of the Illinois Vehicle Code,
the penalty is a | ||||||
9 | Class 2 felony, for which a
person, if sentenced to a term of | ||||||
10 | imprisonment, shall be sentenced to a term of
not less than 3 | ||||||
11 | years and not more than 14 years.
| ||||||
12 | (e-8) In cases involving reckless homicide in which the | ||||||
13 | defendant was
driving in a construction or maintenance zone, as | ||||||
14 | defined in Section 11-605
of the Illinois Vehicle Code, and | ||||||
15 | caused the deaths of 2 or more persons as
part of a single | ||||||
16 | course of conduct,
the penalty is a Class 2 felony, for which a
| ||||||
17 | person, if sentenced to a term of imprisonment, shall be | ||||||
18 | sentenced to a term of
not less than 6 years and not more than | ||||||
19 | 28 years.
| ||||||
20 | (e-9) In cases involving reckless homicide in which the | ||||||
21 | defendant drove a vehicle and used an incline in a roadway, | ||||||
22 | such as a railroad crossing, bridge
approach, or hill, to cause | ||||||
23 | the vehicle to become airborne, and caused the deaths of 2 or | ||||||
24 | more persons as
part of a single course of conduct,
the penalty | ||||||
25 | is a Class 2 felony.
| ||||||
26 | (f) In cases involving involuntary manslaughter in which |
| |||||||
| |||||||
1 | the victim was a
family or household member as defined in | ||||||
2 | paragraph (3) of Section 112A-3 of the
Code of
Criminal | ||||||
3 | Procedure of 1963, the penalty shall be a Class 2 felony, for | ||||||
4 | which a
person if sentenced to a term of imprisonment, shall be | ||||||
5 | sentenced to a term of
not less than 3 years and not more than | ||||||
6 | 14 years.
| ||||||
7 | (g) In cases involving involuntary manslaughter in which | ||||||
8 | the victim was 12 years of age or younger at the time of the | ||||||
9 | commission of the offense, the court may sentence the defendant | ||||||
10 | to a term of imprisonment of up to twice the maximum term | ||||||
11 | otherwise authorized.
| ||||||
12 | (Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, | ||||||
13 | eff. 7-18-03; 93-682, eff. 1-1-05.)
| ||||||
14 | (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
| ||||||
15 | Sec. 12-4. Aggravated Battery.
| ||||||
16 | (a) A person who, in committing a battery, intentionally or | ||||||
17 | knowingly
causes great bodily harm, or permanent disability or | ||||||
18 | disfigurement commits
aggravated battery.
| ||||||
19 | (b) In committing a battery, a person commits aggravated | ||||||
20 | battery if he or
she:
| ||||||
21 | (1) Uses a deadly weapon other than by the discharge of | ||||||
22 | a firearm;
| ||||||
23 | (2) Is hooded, robed or masked, in such manner as to | ||||||
24 | conceal his
identity;
| ||||||
25 | (3) Knows the individual harmed to be a teacher or |
| |||||||
| |||||||
1 | other person
employed in any school and such teacher or | ||||||
2 | other employee is upon the
grounds of a school or grounds | ||||||
3 | adjacent thereto, or is in any part of a
building used for | ||||||
4 | school purposes;
| ||||||
5 | (4) (Blank);
| ||||||
6 | (5) (Blank);
| ||||||
7 | (6) Knows the individual harmed to be a community
| ||||||
8 | policing volunteer while
such volunteer is engaged in the | ||||||
9 | execution of
any official duties, or to prevent the | ||||||
10 | volunteer from performing official duties, or in
| ||||||
11 | retaliation for the volunteer performing official
duties, | ||||||
12 | and the battery is committed other than by the discharge of | ||||||
13 | a firearm;
| ||||||
14 | (7) Knows the individual harmed to be an emergency | ||||||
15 | medical technician -
ambulance, emergency medical | ||||||
16 | technician - intermediate, emergency medical
technician - | ||||||
17 | paramedic, ambulance driver, other medical assistance, | ||||||
18 | first
aid personnel, or hospital personnel engaged in the
| ||||||
19 | performance of any of his or her official duties,
or to | ||||||
20 | prevent the emergency medical technician - ambulance, | ||||||
21 | emergency medical
technician - intermediate, emergency | ||||||
22 | medical technician - paramedic, ambulance
driver, other | ||||||
23 | medical assistance, first aid personnel, or
hospital | ||||||
24 | personnel from performing
official duties, or in | ||||||
25 | retaliation for performing official duties;
| ||||||
26 | (8) Is, or the person battered is, on or about a public |
| |||||||
| |||||||
1 | way, public
property or public place of accommodation or | ||||||
2 | amusement;
| ||||||
3 | (8.5) Is, or the person battered is, on a publicly or | ||||||
4 | privately owned sports or entertainment arena, stadium, | ||||||
5 | community or convention hall, special event center, | ||||||
6 | amusement facility, or a special event center in a public | ||||||
7 | park during any 24-hour period when a professional sporting | ||||||
8 | event, National Collegiate Athletic Association | ||||||
9 | (NCAA)-sanctioned sporting event, United States Olympic | ||||||
10 | Committee-sanctioned sporting event, or International | ||||||
11 | Olympic Committee-sanctioned sporting event is taking | ||||||
12 | place in this venue;
| ||||||
13 | (9) Knows the individual harmed to be the driver, | ||||||
14 | operator, employee
or passenger of any transportation | ||||||
15 | facility or system engaged in the
business of | ||||||
16 | transportation of the public for hire and the individual
| ||||||
17 | assaulted is then performing in such capacity or then using | ||||||
18 | such public
transportation as a passenger or using any area | ||||||
19 | of any description
designated by the transportation | ||||||
20 | facility or system as a vehicle
boarding, departure, or | ||||||
21 | transfer location;
| ||||||
22 | (10) Knows the individual harmed to be an individual of | ||||||
23 | 60 years of age or older;
| ||||||
24 | (11) Knows the individual harmed is pregnant;
| ||||||
25 | (12) Knows the individual harmed to be a judge whom the
| ||||||
26 | person intended to harm as a result of the judge's |
| |||||||
| |||||||
1 | performance of his or
her official duties as a judge;
| ||||||
2 | (13) (Blank);
| ||||||
3 | (14) Knows the individual harmed to be a person who is | ||||||
4 | physically
handicapped;
| ||||||
5 | (15) Knowingly and without legal justification and by | ||||||
6 | any means causes
bodily harm to a merchant who detains the | ||||||
7 | person for an alleged commission of
retail theft under | ||||||
8 | Section 16A-5 of this Code.
In this item (15), "merchant" | ||||||
9 | has the meaning ascribed to it in Section
16A-2.4 of this | ||||||
10 | Code;
| ||||||
11 | (16) Is, or the person battered is, in any building or | ||||||
12 | other structure
used to provide shelter or other services | ||||||
13 | to victims or to the dependent
children of victims of | ||||||
14 | domestic violence pursuant to the Illinois Domestic
| ||||||
15 | Violence Act of 1986 or the Domestic Violence Shelters Act, | ||||||
16 | or the person
battered is within 500 feet of such a | ||||||
17 | building or other structure while going
to or from such a | ||||||
18 | building or other structure. "Domestic violence" has the
| ||||||
19 | meaning ascribed to it in Section 103 of the Illinois | ||||||
20 | Domestic Violence Act of
1986. "Building or other structure | ||||||
21 | used to provide shelter" has the meaning
ascribed to | ||||||
22 | "shelter" in Section 1 of the Domestic Violence Shelters | ||||||
23 | Act;
| ||||||
24 | (17) (Blank); or
| ||||||
25 | (18) Knows the individual harmed to be an officer or | ||||||
26 | employee of the State of Illinois, a unit of local |
| |||||||
| |||||||
1 | government, or school district engaged in the performance | ||||||
2 | of his or her authorized duties as such officer or | ||||||
3 | employee ; or .
| ||||||
4 | (19)
(18) Knows the individual harmed to be an | ||||||
5 | emergency management worker
engaged in the performance of | ||||||
6 | any of his or her official duties, or to prevent
the | ||||||
7 | emergency management worker from performing official | ||||||
8 | duties, or in
retaliation for the emergency management | ||||||
9 | worker performing official duties.
| ||||||
10 | For the purpose of paragraph (14) of subsection (b) of this | ||||||
11 | Section, a
physically handicapped person is a person who | ||||||
12 | suffers from a permanent and
disabling physical | ||||||
13 | characteristic, resulting from disease, injury,
functional | ||||||
14 | disorder or congenital condition.
| ||||||
15 | (c) A person who administers to an individual or causes him | ||||||
16 | to take,
without his consent or by threat or deception, and for | ||||||
17 | other than
medical purposes, any intoxicating, poisonous, | ||||||
18 | stupefying, narcotic,
anesthetic, or controlled substance | ||||||
19 | commits aggravated battery.
| ||||||
20 | (d) A person who knowingly gives to another person any food | ||||||
21 | that
contains any substance or object that is intended to cause | ||||||
22 | physical
injury if eaten, commits aggravated battery.
| ||||||
23 | (d-3) A person commits aggravated battery when he or she | ||||||
24 | knowingly and
without lawful justification shines or flashes a | ||||||
25 | laser gunsight or other laser
device that is attached or | ||||||
26 | affixed to a firearm, or used in concert with a
firearm, so |
| |||||||
| |||||||
1 | that the laser beam strikes upon or against the person of | ||||||
2 | another.
| ||||||
3 | (d-5) An inmate of a penal institution or a sexually | ||||||
4 | dangerous person or a
sexually violent person in the custody of | ||||||
5 | the Department of Human Services
who causes or attempts to | ||||||
6 | cause a
correctional employee of the penal institution or an | ||||||
7 | employee of the
Department of Human Services to come into | ||||||
8 | contact with blood,
seminal fluid, urine, or feces, by | ||||||
9 | throwing, tossing, or expelling that fluid
or material commits | ||||||
10 | aggravated battery. For purposes of this subsection (d-5),
| ||||||
11 | "correctional employee" means a person who is employed by a | ||||||
12 | penal institution.
| ||||||
13 | (e) Sentence.
| ||||||
14 | (1) Except as otherwise provided in paragraphs (2) and | ||||||
15 | (3), aggravated battery is a Class 3 felony. | ||||||
16 | (2) Aggravated battery that does not cause great bodily | ||||||
17 | harm or permanent disability or disfigurement is a Class 2 | ||||||
18 | felony when the person knows
the individual harmed to be a | ||||||
19 | peace officer, a community
policing volunteer, a | ||||||
20 | correctional institution employee, an
employee of the | ||||||
21 | Department of Human Services supervising or
controlling | ||||||
22 | sexually dangerous persons or sexually violent
persons, or | ||||||
23 | a fireman while such officer, volunteer, employee,
or | ||||||
24 | fireman is engaged in the execution of any official duties
| ||||||
25 | including arrest or attempted arrest, or to prevent the
| ||||||
26 | officer, volunteer, employee, or fireman from performing
|
| |||||||
| |||||||
1 | official duties, or in retaliation for the officer, | ||||||
2 | volunteer,
employee, or fireman performing official | ||||||
3 | duties, and the
battery is committed other than by the | ||||||
4 | discharge of a firearm.
If the individual harmed is a peace | ||||||
5 | officer or fireman, the court may impose a term of | ||||||
6 | imprisonment up to twice the maximum term of imprisonment | ||||||
7 | that is otherwise authorized.
| ||||||
8 | (3) Aggravated battery that causes great bodily harm or | ||||||
9 | permanent disability or disfigurement in
violation of | ||||||
10 | subsection (a)
is a Class 1 felony when the person knows | ||||||
11 | the individual harmed to be a peace
officer, a community
| ||||||
12 | policing volunteer, a correctional institution employee, | ||||||
13 | an employee
of the Department of Human Services supervising | ||||||
14 | or controlling sexually
dangerous persons or sexually | ||||||
15 | violent persons, or a fireman while
such officer, | ||||||
16 | volunteer, employee, or fireman is engaged in the execution | ||||||
17 | of
any official duties including arrest or attempted | ||||||
18 | arrest, or to prevent the
officer, volunteer, employee, or | ||||||
19 | fireman from performing official duties, or in
retaliation | ||||||
20 | for the officer, volunteer, employee, or fireman | ||||||
21 | performing official
duties, and the battery is committed | ||||||
22 | other than by the discharge of a firearm . If the individual | ||||||
23 | harmed is a peace officer or fireman, the court may impose | ||||||
24 | a term of imprisonment up to twice the maximum term of | ||||||
25 | imprisonment that is otherwise authorized.
| ||||||
26 | (Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327, |
| |||||||
| |||||||
1 | eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05; | ||||||
2 | 94-482, eff. 1-1-06; revised 8-19-05.)
|