HB4651 95TH GENERAL ASSEMBLY

LRB095 17727 RLC 45047 b

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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

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

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

(720 ILCS 5/2-3.7 new)

Sec. 2-3.7. "Authorized emergency vehicle". "Authorized emergency vehicle" has the meaning ascribed to it in Section 1-105 of the Illinois Vehicle Code.

(720 ILCS 5/2-6.7 new)

Sec. 2-6.7. "Emergency worker". "Emergency worker" means a peace officer, firefighter, paramedic, emergency medical technician, or emergency management worker.

(720 ILCS 5/9-3.4 new)

Sec. 9-3.4. Negligent vehicular homicide of an emergency worker.

(a) 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 making use of audible and visual signals meeting the requirements of the Illinois Vehicle Code or upon approaching a stationary authorized emergency vehicle when the authorized emergency vehicle is giving a signal by displaying alternating flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights as required by Section 11-907 of the Illinois Vehicle Code; 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 or proceed with due caution as required by Section 11-907 of the Illinois Vehicle Code.

(b) Sentence.

(1) Except as otherwise provided in clause (2) of this subsection (b), in cases involving negligent vehicular homicide of an emergency worker, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.

(2) In cases involving negligent vehicular homicide of an emergency worker, which causes the deaths of 2 or more persons as part of a single course of conduct, the penalty is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 6 years and not more than 28 years.

(720 ILCS 5/12-5.05 new)

Sec. 12-5.05. Vehicular injury to an emergency worker.

(a) 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 making use of audible and visual signals meeting the requirements of the Illinois Vehicle Code or upon approaching a stationary authorized emergency vehicle when the authorized emergency vehicle is giving a signal by displaying alternating flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights as required by Section 11-907 of the Illinois Vehicle Code; 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 or proceed with due caution as required by Section 11-907 of the Illinois Vehicle Code.

(b) Sentence. Vehicular injury to an emergency worker is a Class 4 felony for which the person, in addition to any term of imprisonment imposed by the court, shall be sentenced to a minimum fine of $10,000.

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