95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4651


 
Introduced , by Rep. Kevin Joyce
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/2-3.7 new






720 ILCS 5/2-6.7 new






720 ILCS 5/9-3.4 new






720 ILCS 5/12-5.05 new










    Amends the Criminal Code of 1961.  Establishes the Billy  Grant Law.  Creates the offense of negligent vehicular homicide of an emergency worker.  Provides that a driver of a motor vehicle commits the offense of negligent vehicular homicide of an emergency worker when he or she:  (1)  fails to yield the right-of-way upon the immediate approach of an authorized emergency vehicle or upon approaching a stationary authorized emergency vehicle; and  (2) negligently causes the death of one or more emergency workers as a result of the driver's failure to yield the right-of-way to the authorized emergency vehicle.  Establishes penalties.  Creates the offense of vehicular  injury to an emergency worker.  Provides that a driver of a motor vehicle commits the offense of vehicular  injury to an emergency worker when he or she: (1)  fails to yield the right-of-way upon the immediate approach of an authorized emergency vehicle or upon approaching a stationary authorized emergency vehicle; and (2) negligently causes injury to  one or more emergency workers as a result of the driver's failure to yield the right-of-way to the authorized emergency vehicle.  Establishes penalties.  Effective immediately.
















LRB095 17727 RLC 45047 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4651

LRB095 17727 RLC 45047 b






1
    AN ACT concerning criminal law, which may be referred to as 
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the Billy  Grant Law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Criminal Code of 1961 is amended  by adding 
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Sections 2-3.7, 2-6.7,  9-3.4 and 12-5.05 as follows:
 
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    (720 ILCS 5/2-3.7 new)

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    Sec. 2-3.7. "Authorized emergency vehicle". "Authorized 
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emergency vehicle"  has the meaning ascribed to it in Section 
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1-105 of the Illinois Vehicle Code.
 
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    (720 ILCS 5/2-6.7 new)

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    Sec. 2-6.7. "Emergency worker". "Emergency worker" means a 
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peace officer, firefighter, paramedic, emergency medical 
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technician, or emergency management worker.
 
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    (720 ILCS 5/9-3.4  new)
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    Sec. 9-3.4. Negligent vehicular homicide of an emergency 
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worker.
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    (a) A driver of a motor vehicle commits the offense of 
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negligent vehicular homicide of an emergency worker when he or 
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she:
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        (1)  fails to yield the right-of-way upon the immediate 
 


 






HB4651
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LRB095 17727 RLC 45047 b




1
    approach of an authorized emergency vehicle making use of 
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    audible and visual signals meeting the requirements of the 
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    Illinois Vehicle Code  or upon approaching a stationary 
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    authorized emergency vehicle when the authorized emergency 
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    vehicle is giving a signal by displaying alternating 
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    flashing red, red and white, blue, or red and blue lights 
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    or amber or yellow warning lights  as required by Section 
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    11-907 of the Illinois Vehicle Code; and
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        (2) negligently causes the death of one or more 
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    emergency workers as a result of the driver's failure to 
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    yield the right-of-way to the authorized emergency vehicle 
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    or proceed with due caution as required by Section 11-907 
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    of the Illinois Vehicle Code.
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    (b)  Sentence.
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    (1)  Except as otherwise provided in clause (2) of this 
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subsection (b), in cases involving
negligent vehicular 
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homicide of an emergency worker,
the penalty is a Class 2 
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felony, for which a
person, if sentenced to a term of 
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imprisonment, shall be sentenced to a term of
not less than 3 
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years and not more than 14 years.
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    (2)  In cases involving negligent vehicular homicide of an 
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emergency worker, which causes the deaths of 2 or more persons 
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as
part of a single course of conduct,
the penalty is a Class 2 
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felony, for which a
person, if sentenced to a term of 
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imprisonment, shall be sentenced to a term of
not less than 6 
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years and not more than 28 years. 
 
 


 






HB4651
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LRB095 17727 RLC 45047 b




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    (720 ILCS 5/12-5.05 new)

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    Sec. 12-5.05. Vehicular  injury to an emergency worker.
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    (a) A driver of a motor vehicle commits the offense of 
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vehicular  injury to an emergency worker when he or she:
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        (1)  fails to yield the right-of-way upon: the immediate 
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    approach of an authorized emergency vehicle making use of 
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    audible and visual signals meeting the requirements of the 
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    Illinois Vehicle Code  or upon approaching a stationary 
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    authorized emergency vehicle when the authorized emergency 
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    vehicle is giving a signal by displaying alternating 
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    flashing red, red and white, blue, or red and blue lights 
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    or amber or yellow warning lights  as required by Section 
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    11-907 of the Illinois Vehicle Code; and
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        (2) negligently causes injury to  one or more emergency 
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    workers as a result of the driver's failure to yield the 
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    right-of-way to the authorized emergency vehicle or 
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    proceed with due caution as required by Section 11-907 of 
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    the Illinois Vehicle Code.
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    (b)  Sentence.  Vehicular  injury to an emergency worker is a 
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Class 4 felony for which the person, in addition to any term of 
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imprisonment imposed by the court, shall be sentenced to a 
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minimum fine of  $10,000.

 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.