Rep. Luis Arroyo
Filed: 4/30/2008
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1 | AMENDMENT TO HOUSE BILL 4861
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2 | AMENDMENT NO. ______. Amend House Bill 4861 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
5 | changing Sections 9-3 and 12-5 as follows:
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6 | (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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7 | (Text of Section after amendment by P.A. 95-467, 95-551, | ||||||
8 | and 95-587 ) | ||||||
9 | Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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10 | (a) A person who unintentionally kills an individual | ||||||
11 | without lawful
justification commits involuntary manslaughter | ||||||
12 | if his acts whether lawful
or unlawful which cause the death | ||||||
13 | are such as are likely to cause death or
great bodily harm to | ||||||
14 | some individual, and he performs them recklessly,
except in | ||||||
15 | cases in which the cause of the death consists of the driving | ||||||
16 | of
a motor vehicle or operating a snowmobile, all-terrain |
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1 | vehicle, or watercraft,
in which case the person commits | ||||||
2 | reckless homicide. A person commits reckless homicide if he or | ||||||
3 | she unintentionally kills an individual while driving a vehicle | ||||||
4 | and using an incline in a roadway, such as a railroad crossing, | ||||||
5 | bridge
approach, or hill, to cause the vehicle to become | ||||||
6 | airborne.
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7 | (b) (Blank).
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8 | (c) (Blank).
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9 | (d) Sentence.
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10 | (1) Involuntary manslaughter is a Class 3 felony.
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11 | (2) Reckless homicide is a Class 3 felony.
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12 | (e) (Blank).
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13 | (e-2) Except as provided in subsection (e-3), in cases | ||||||
14 | involving reckless homicide in which the offense is committed | ||||||
15 | upon a public thoroughfare where children pass going to and | ||||||
16 | from school when a school crossing guard is performing official | ||||||
17 | duties, the penalty is a Class 2 felony, for which a
person, if | ||||||
18 | sentenced to a term of imprisonment, shall be sentenced to a | ||||||
19 | term of
not less than 3 years and not more than 14 years. | ||||||
20 | (e-3) In cases involving reckless homicide in which (i) the | ||||||
21 | offense is committed upon a public thoroughfare where children | ||||||
22 | pass going to and from school when a school crossing guard is | ||||||
23 | performing official duties and (ii) the defendant causes the | ||||||
24 | deaths of 2 or more persons as part of a single course of | ||||||
25 | conduct, the penalty is a Class 2 felony, for which a
person, | ||||||
26 | if sentenced to a term of imprisonment, shall be sentenced to a |
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1 | term of
not less than 6 years and not more than 28 years.
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2 | (e-5) (Blank).
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3 | (e-7) Except as otherwise provided in subsection (e-8), in | ||||||
4 | cases involving
reckless homicide in which the defendant: (1)
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5 | was
driving in a construction or maintenance zone, as defined | ||||||
6 | in Section 11-605.1
of the Illinois Vehicle Code, or (2) was | ||||||
7 | operating a vehicle while failing or refusing to comply with | ||||||
8 | any lawful order or direction of any authorized police officer | ||||||
9 | or traffic control aide engaged in traffic control,
the penalty | ||||||
10 | is a Class 2 felony, for which a
person, if sentenced to a term | ||||||
11 | of imprisonment, shall be sentenced to a term of
not less than | ||||||
12 | 3 years and not more than 14 years.
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13 | (e-8) In cases involving reckless homicide in which the | ||||||
14 | defendant caused the deaths of 2 or more persons as part of a | ||||||
15 | single course of conduct and: (1) was
driving in a construction | ||||||
16 | or maintenance zone, as defined in Section 11-605.1
of the | ||||||
17 | Illinois Vehicle Code, or (2) was operating a vehicle while | ||||||
18 | failing or refusing to comply with any lawful order or | ||||||
19 | direction of any authorized police officer or traffic control | ||||||
20 | aide engaged in traffic control,
the penalty is a Class 2 | ||||||
21 | felony, for which a
person, if sentenced to a term of | ||||||
22 | imprisonment, shall be sentenced to a term of
not less than 6 | ||||||
23 | years and not more than 28 years.
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24 | (e-9) In cases involving reckless homicide in which the | ||||||
25 | defendant drove a vehicle and used an incline in a roadway, | ||||||
26 | such as a railroad crossing, bridge
approach, or hill, to cause |
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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.
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4 | (e-10) In cases involving involuntary manslaughter or | ||||||
5 | reckless homicide resulting in the death of a peace officer | ||||||
6 | killed in the performance of his or her duties as a peace | ||||||
7 | officer, the penalty is a Class 2 felony.
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8 | (e-11)
(e-10) In cases involving reckless homicide in which | ||||||
9 | the defendant unintentionally kills an individual while | ||||||
10 | driving in a posted school zone, as defined in Section 11-605 | ||||||
11 | of the Illinois Vehicle Code, while children are present or in | ||||||
12 | a construction or maintenance zone, as defined in Section | ||||||
13 | 11-605.1 of the Illinois Vehicle Code, when construction or | ||||||
14 | maintenance workers are present the trier of fact may infer | ||||||
15 | that the defendant's actions were performed recklessly where he | ||||||
16 | or she was also either driving at a speed of more than 20 miles | ||||||
17 | per hour in excess of the posted speed limit or violating | ||||||
18 | Section 11-501 of the Illinois Vehicle Code.
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19 | (e-12) In cases involving reckless homicide in which a | ||||||
20 | person or persons were killed as a result of the defendant's | ||||||
21 | reckless operation of a motor vehicle on a highway and the | ||||||
22 | victim or victims of the offense were vulnerable users of a | ||||||
23 | public way, the penalty shall be a Class 2 felony and is | ||||||
24 | subject to a maximum fine of $10,000. For the purposes of this | ||||||
25 | subsection (e-12), "vulnerable user of a public way" means a
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26 | pedestrian, a highway worker, a person riding an animal, or a
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1 | person operating any of the following on a public way, | ||||||
2 | crosswalk,
or shoulder of the highway: | ||||||
3 | (1) A farm tractor or implement of husbandry without an
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4 | enclosed shell. | ||||||
5 | (2) A skateboard. | ||||||
6 | (3) Roller skates. | ||||||
7 | (4) In-line skates. | ||||||
8 | (5) A scooter. | ||||||
9 | (6) A bicycle. | ||||||
10 | (7) A motorcycle. | ||||||
11 | (f) In cases involving involuntary manslaughter in which | ||||||
12 | the victim was a
family or household member as defined in | ||||||
13 | paragraph (3) of Section 112A-3 of the
Code of
Criminal | ||||||
14 | Procedure of 1963, the penalty shall be a Class 2 felony, for | ||||||
15 | which a
person if sentenced to a term of imprisonment, shall be | ||||||
16 | sentenced to a term of
not less than 3 years and not more than | ||||||
17 | 14 years.
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18 | (Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, | ||||||
19 | eff. 6-1-08; 95-591, eff. 9-10-07; revised 10-30-07.)
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20 | (720 ILCS 5/12-5) (from Ch. 38, par. 12-5)
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21 | Sec. 12-5. Reckless
conduct.
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22 | (a) A person who causes bodily harm to or endangers the | ||||||
23 | bodily safety of
an individual by any means, commits reckless | ||||||
24 | conduct if he or she performs
recklessly the acts that
cause | ||||||
25 | the harm or endanger safety, whether they
otherwise are lawful |
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1 | or unlawful. | ||||||
2 | (a-5) A person who causes great bodily harm or permanent | ||||||
3 | disability or disfigurement by any means, commits reckless | ||||||
4 | conduct if he or she performs recklessly the acts that cause | ||||||
5 | the harm, whether they otherwise are lawful or unlawful.
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6 | (b) Sentence.
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7 | Reckless conduct under subsection (a) is a Class A | ||||||
8 | misdemeanor. Reckless conduct under subsection (a-5) is a Class | ||||||
9 | 4 felony.
Reckless conduct in which the person injured or the | ||||||
10 | person whose safety was endangered was a vulnerable user of a | ||||||
11 | public way and the person who caused the injury or who | ||||||
12 | endangered the safety of another person was operating a motor | ||||||
13 | vehicle upon a highway is a Class 4 felony and is subject to a | ||||||
14 | maximum fine of $10,000. | ||||||
15 | (c) For the purposes of this Section, "vulnerable user of a | ||||||
16 | public way" means a
pedestrian, a highway worker, a person | ||||||
17 | riding an animal, or a
person operating any of the following on | ||||||
18 | a public way, crosswalk,
or shoulder of the highway:
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19 | (1) A farm tractor or implement of husbandry without an
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20 | enclosed shell. | ||||||
21 | (2) A skateboard. | ||||||
22 | (3) Roller skates. | ||||||
23 | (4) In-line skates. | ||||||
24 | (5) A scooter. | ||||||
25 | (6) A bicycle. | ||||||
26 | (7) A motorcycle. |
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1 | (Source: P.A. 93-710, eff. 1-1-05.)
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2 | Section 95. No acceleration or delay. Where this Act makes | ||||||
3 | changes in a statute that is represented in this Act by text | ||||||
4 | that is not yet or no longer in effect (for example, a Section | ||||||
5 | represented by multiple versions), the use of that text does | ||||||
6 | not accelerate or delay the taking effect of (i) the changes | ||||||
7 | made by this Act or (ii) provisions derived from any other | ||||||
8 | Public Act. | ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.".
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