95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1882


 
Introduced 1/10/2008, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:
 		








  



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







    Amends the Criminal Code of 1961. Provides that a person who causes a fatal accident by operating a motor vehicle, all-terrain vehicle, snowmobile, or watercraft  while he or she is aware of being fatigued is guilty of reckless homicide. Provides that a person is fatigued if he or she has been without sleep for 24 consecutive hours. Provides that proof that the defendant fell asleep while driving or was driving after having been without sleep for a period in excess of 24 consecutive hours may give rise to an inference that the defendant was driving recklessly. Provides that, if a person  commits reckless homicide  and is determined to have been knowingly fatigued as an element of the offense, he or she is guilty of a Class 2 felony. Provides that the offender, if sentenced to imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years if the offense resulted in the death of one person or not less than 6 years and not more than 28 years if the offense resulted in the deaths of 2 or more persons.
















LRB095 14932 RLC 40877 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB1882

LRB095 14932 RLC 40877 b






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
Section 9-3 as follows:
 



6
    (720 ILCS 5/9-3)  (from Ch. 38, par. 9-3)


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. 

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 
17
vehicle, or watercraft,
in which case the person commits 
18
reckless homicide. A person commits reckless homicide if he or 
19
she unintentionally kills an individual while driving a vehicle 
20
and using an incline in a roadway, such as a railroad crossing, 
21
bridge
approach, or hill, to cause the vehicle to become 
22
airborne.


23
    (b) (Blank).

 


 






SB1882
- 2 -
LRB095 14932 RLC 40877 b




1
    (b-1) In cases involving reckless homicide, driving while 
2
the driver is aware that he or she is fatigued constitutes 
3
recklessness.
4
    As used in this Section, "fatigued" means having been 
5
without sleep for a period in excess of 24 consecutive hours.
6
    (b-2) Proof that the defendant fell asleep while driving or 
7
was driving after having been without sleep for a period in 
8
excess of 24 consecutive hours may give rise to an inference 
9
that the defendant was driving recklessly.

10
    (c) (Blank).

11
    (d) Sentence.


12
        (1) Involuntary manslaughter is a Class 3 felony.


13
        (2) Reckless homicide is a Class 3 felony.

14
    (e) (Blank).

15
    (e-2) Except as provided in subsection (e-3), in cases 
16
involving reckless homicide in which the offense is committed 
17
upon a public thoroughfare where children pass going to and 
18
from school  when a school crossing guard is performing  official 
19
duties, the penalty is a Class 2 felony, for which a
person, if 
20
sentenced to a term of imprisonment, shall be sentenced to a 
21
term of
not less than 3 years and not more than 14  years.
22
    (e-3) In cases involving reckless homicide in which (i) the 
23
offense  is committed upon a public thoroughfare where children 
24
pass going to and from school  when a school crossing guard is 
25
performing  official duties and (ii) the defendant causes the 
26
deaths of 2 or more persons as part of a single course of 
 


 






SB1882
- 3 -
LRB095 14932 RLC 40877 b




1
conduct, the penalty is a Class 2 felony, for which a
person, 
2
if sentenced to a term of imprisonment, shall be sentenced to a 
3
term of
not less than 6 years and not more than 28  years.

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: (1)

7
was
driving in a construction or maintenance zone, as defined 
8
in Section 11-605.1
of the Illinois Vehicle Code, or (2) was 
9
operating a vehicle while   failing or refusing to comply with 
10
any lawful order or direction of any authorized police officer 
11
or traffic control aide engaged in traffic control,
the penalty 
12
is a Class 2 felony, for which a
person, if sentenced to a term 
13
of imprisonment, shall be sentenced to a term of
not less than 
14
3 years and not more than 14 years.

15
    (e-8) In cases involving reckless homicide in which the 
16
defendant caused the deaths of 2 or more persons as part of a 
17
single course of conduct and: (1) was
driving in a construction 
18
or maintenance zone, as defined in Section 11-605.1
of the 
19
Illinois Vehicle Code, or (2) was operating a vehicle while   
20
failing or refusing to comply with any lawful order or 
21
direction of any authorized police officer or traffic control 
22
aide engaged in traffic control,
the penalty is a Class 2 
23
felony, for which a
person, if sentenced to a term of 
24
imprisonment, shall be sentenced to a term of
not less than 6 
25
years and not more than 28 years.

26
    (e-9) In cases involving reckless homicide in which the 
 


 






SB1882
- 4 -
LRB095 14932 RLC 40877 b




1
defendant drove a vehicle and used an incline in a roadway, 
2
such as a railroad crossing, bridge
approach, or hill, to cause 
3
the vehicle to become airborne, and caused the deaths of 2 or 
4
more persons as
part of a single course of conduct,
the penalty 
5
is a Class 2 felony.

6
    (e-10) In cases involving involuntary manslaughter or 
7
reckless homicide resulting in the death of a peace officer 
8
killed in the performance of his or her duties as a peace 
9
officer, the penalty is a Class 2 felony.

10
    (e-11)
(e-10) In cases involving reckless homicide in which 
11
the defendant unintentionally kills an individual while 
12
driving in a posted school zone, as defined in Section 11-605 
13
of the Illinois Vehicle Code, while children are present or in 
14
a construction or maintenance zone, as defined in Section 
15
11-605.1 of the Illinois Vehicle Code, when construction or 
16
maintenance workers are present the trier of fact may infer 
17
that the defendant's actions were performed recklessly where he 
18
or she was also either driving at a speed of more than 20 miles 
19
per hour in excess of the posted speed limit or violating 
20
Section 11-501 of the Illinois Vehicle Code.

21
    (e-12) Except as otherwise provided in subsection (e-13), 
22
in cases involving
reckless homicide in which the defendant was

23
determined to have been knowingly fatigued as an element of the 
24
offense, the penalty shall be a Class 2 felony,
for which a 
25
person, if sentenced to a term of imprisonment, shall be

26
sentenced to a term of not less than 3 years and not more than 
 


 






SB1882
- 5 -
LRB095 14932 RLC 40877 b




1
14 years.

2
    (e-13) In cases involving reckless homicide in which the 
3
defendant was
determined to have been knowingly fatigued as an 
4
element of the offense, if the defendant kills 2 or more 
5
individuals as part
of a single course of conduct, the penalty 
6
is a Class 2 felony, for which a
person, if sentenced to a term 
7
of imprisonment, shall be sentenced to a term of
not less than 
8
6 years and not more than 28 years.

9
    (f) In cases involving involuntary manslaughter in which 
10
the victim was a
family or household member as defined in 
11
paragraph (3) of Section 112A-3 of the
Code of
Criminal 
12
Procedure of 1963, the penalty shall be a Class 2 felony, for 
13
which a
person if sentenced to a term of imprisonment, shall be 
14
sentenced to a term of
not less than 3 years and not more than 
15
14 years.

16
(Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, 
17
eff. 6-1-08; 95-591, eff. 9-10-07; revised 10-30-07.)