Sen. William R. Haine
Filed: 5/12/2008
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1 | AMENDMENT TO HOUSE BILL 4203
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2 | AMENDMENT NO. ______. Amend House Bill 4203 on page 3, by | ||||||
3 | replacing lines 3 through 9 with the following: | ||||||
4 | "Section 11-501 of this Code. Imposition of the penalties | ||||||
5 | authorized "; and
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6 | by replacing lines 24 through 26 on page 3 and line 1 on page 4 | ||||||
7 | with the following: | ||||||
8 | "(g) If a violation of subsection (c) of this Section | ||||||
9 | results in the death of
another person, in addition to any | ||||||
10 | other penalty imposed,
the person's driving privileges shall be | ||||||
11 | suspended for 2 years."; and | ||||||
12 | on page 4, by inserting immediately below line 10 the | ||||||
13 | following: | ||||||
14 | "Section 10. The Criminal Code of 1961 is amended by | ||||||
15 | changing Section 9-3 as follows:
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1 | (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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2 | (Text of Section after amendment by P.A. 95-467, 95-551, | ||||||
3 | and 95-587 ) | ||||||
4 | Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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5 | (a) A person who unintentionally kills an individual | ||||||
6 | without lawful
justification commits involuntary manslaughter | ||||||
7 | if his acts whether lawful
or unlawful which cause the death | ||||||
8 | are such as are likely to cause death or
great bodily harm to | ||||||
9 | some individual, and he performs them recklessly,
except in | ||||||
10 | cases in which the cause of the death consists of the driving | ||||||
11 | of
a motor vehicle or operating a snowmobile, all-terrain | ||||||
12 | vehicle, or watercraft,
in which case the person commits | ||||||
13 | reckless homicide. A person commits reckless homicide if he or | ||||||
14 | she unintentionally kills an individual while driving a vehicle | ||||||
15 | and using an incline in a roadway, such as a railroad crossing, | ||||||
16 | bridge
approach, or hill, to cause the vehicle to become | ||||||
17 | airborne.
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18 | (b) (Blank).
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19 | (c) (Blank).
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20 | (d) Sentence.
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21 | (1) Involuntary manslaughter is a Class 3 felony.
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22 | (2) Reckless homicide is a Class 3 felony.
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23 | (e) (Blank).
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24 | (e-2) Except as provided in subsection (e-3), in cases | ||||||
25 | involving reckless homicide in which the offense is committed |
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1 | upon a public thoroughfare where children pass going to and | ||||||
2 | from school when a school crossing guard is performing official | ||||||
3 | duties, the penalty is a Class 2 felony, for which a
person, if | ||||||
4 | sentenced to a term of imprisonment, shall be sentenced to a | ||||||
5 | term of
not less than 3 years and not more than 14 years. | ||||||
6 | (e-3) In cases involving reckless homicide in which (i) the | ||||||
7 | offense is committed upon a public thoroughfare where children | ||||||
8 | pass going to and from school when a school crossing guard is | ||||||
9 | performing official duties and (ii) the defendant causes the | ||||||
10 | deaths of 2 or more persons as part of a single course of | ||||||
11 | conduct, the penalty is a Class 2 felony, for which a
person, | ||||||
12 | if sentenced to a term of imprisonment, shall be sentenced to a | ||||||
13 | term of
not less than 6 years and not more than 28 years.
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14 | (e-5) (Blank).
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15 | (e-7) Except as otherwise provided in subsection (e-8), in | ||||||
16 | cases involving
reckless homicide in which the defendant: (1)
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17 | was
driving in a construction or maintenance zone, as defined | ||||||
18 | in Section 11-605.1
of the Illinois Vehicle Code, or (2) was | ||||||
19 | operating a vehicle while failing or refusing to comply with | ||||||
20 | any lawful order or direction of any authorized police officer | ||||||
21 | or traffic control aide engaged in traffic control,
the penalty | ||||||
22 | is a Class 2 felony, for which a
person, if sentenced to a term | ||||||
23 | of imprisonment, shall be sentenced to a term of
not less than | ||||||
24 | 3 years and not more than 14 years.
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25 | (e-8) In cases involving reckless homicide in which the | ||||||
26 | defendant caused the deaths of 2 or more persons as part of a |
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1 | single course of conduct and: (1) was
driving in a construction | ||||||
2 | or maintenance zone, as defined in Section 11-605.1
of the | ||||||
3 | Illinois Vehicle Code, or (2) was operating a vehicle while | ||||||
4 | failing or refusing to comply with any lawful order or | ||||||
5 | direction of any authorized police officer or traffic control | ||||||
6 | aide engaged in traffic control,
the penalty is a Class 2 | ||||||
7 | felony, for which a
person, if sentenced to a term of | ||||||
8 | imprisonment, shall be sentenced to a term of
not less than 6 | ||||||
9 | years and not more than 28 years.
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10 | (e-9) In cases involving reckless homicide in which the | ||||||
11 | defendant drove a vehicle and used an incline in a roadway, | ||||||
12 | such as a railroad crossing, bridge
approach, or hill, to cause | ||||||
13 | the vehicle to become airborne, and caused the deaths of 2 or | ||||||
14 | more persons as
part of a single course of conduct,
the penalty | ||||||
15 | is a Class 2 felony.
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16 | (e-10) In cases involving involuntary manslaughter or | ||||||
17 | reckless homicide resulting in the death of a peace officer | ||||||
18 | killed in the performance of his or her duties as a peace | ||||||
19 | officer, the penalty is a Class 2 felony.
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20 | (e-11)
(e-10) In cases involving reckless homicide in which | ||||||
21 | the defendant unintentionally kills an individual while | ||||||
22 | driving in a posted school zone, as defined in Section 11-605 | ||||||
23 | of the Illinois Vehicle Code, while children are present or in | ||||||
24 | a construction or maintenance zone, as defined in Section | ||||||
25 | 11-605.1 of the Illinois Vehicle Code, when construction or | ||||||
26 | maintenance workers are present the trier of fact may infer |
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1 | that the defendant's actions were performed recklessly where he | ||||||
2 | or she was also either driving at a speed of more than 20 miles | ||||||
3 | per hour in excess of the posted speed limit or violating | ||||||
4 | Section 11-501 of the Illinois Vehicle Code.
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5 | (e-12) In cases involving reckless homicide in which the | ||||||
6 | defendant unintentionally kills an individual, the trier of | ||||||
7 | fact may infer that the defendant's actions were performed | ||||||
8 | recklessly where he or she was also violating subsection (c) of | ||||||
9 | Section 11-907 of the Illinois Vehicle Code. The penalty for a | ||||||
10 | reckless homicide in which the driver also violated subsection | ||||||
11 | (c) of Section 11-907 of the Illinois Vehicle Code is a Class 2 | ||||||
12 | felony, for which a person, if sentenced to a term of | ||||||
13 | imprisonment, shall be sentenced to a term of not less than 3 | ||||||
14 | years and not more than 14 years. | ||||||
15 | (f) In cases involving involuntary manslaughter in which | ||||||
16 | the victim was a
family or household member as defined in | ||||||
17 | paragraph (3) of Section 112A-3 of the
Code of
Criminal | ||||||
18 | Procedure of 1963, the penalty shall be a Class 2 felony, for | ||||||
19 | which a
person if sentenced to a term of imprisonment, shall be | ||||||
20 | sentenced to a term of
not less than 3 years and not more than | ||||||
21 | 14 years.
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22 | (Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, | ||||||
23 | eff. 6-1-08; 95-591, eff. 9-10-07; revised 10-30-07.)".
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