Full Text of HB0845 95th General Assembly
HB0845enr 95TH GENERAL ASSEMBLY
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HB0845 Enrolled |
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LRB095 08430 RLC 28605 b |
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| AN ACT concerning criminal 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 changing | | 5 |
| Section 9-3 as follows:
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| (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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| Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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| (a) A person who unintentionally kills an individual | | 9 |
| without lawful
justification commits involuntary manslaughter | | 10 |
| if his acts whether lawful
or unlawful which cause the death | | 11 |
| are such as are likely to cause death or
great bodily harm to | | 12 |
| some individual, and he performs them recklessly,
except in | | 13 |
| cases in which the cause of the death consists of the driving | | 14 |
| of
a motor vehicle or operating a snowmobile, all-terrain | | 15 |
| vehicle, or watercraft,
in which case the person commits | | 16 |
| reckless homicide. A person commits reckless homicide if he or | | 17 |
| she unintentionally kills an individual while driving a vehicle | | 18 |
| and using an incline in a roadway, such as a railroad crossing, | | 19 |
| bridge
approach, or hill, to cause the vehicle to become | | 20 |
| airborne.
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| (b) (Blank).
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| (c) (Blank).
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| (d) Sentence.
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HB0845 Enrolled |
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LRB095 08430 RLC 28605 b |
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| (1) Involuntary manslaughter is a Class 3 felony.
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| (2) Reckless homicide is a Class 3 felony.
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| (e) (Blank).
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| (e-5) (Blank).
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| (e-7) Except as otherwise provided in subsection (e-8), in | | 6 |
| cases involving
reckless homicide in which the defendant was
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| driving in a construction or maintenance zone, as defined in | | 8 |
| Section 11-605
of the Illinois Vehicle Code,
the penalty is a | | 9 |
| Class 2 felony, for which a
person, if sentenced to a term of | | 10 |
| imprisonment, shall be sentenced to a term of
not less than 3 | | 11 |
| years and not more than 14 years.
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| (e-8) In cases involving reckless homicide in which the | | 13 |
| defendant was
driving in a construction or maintenance zone, as | | 14 |
| defined in Section 11-605
of the Illinois Vehicle Code, and | | 15 |
| caused the deaths of 2 or more persons as
part of a single | | 16 |
| course of conduct,
the penalty is a Class 2 felony, for which a
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| person, if sentenced to a term of imprisonment, shall be | | 18 |
| sentenced to a term of
not less than 6 years and not more than | | 19 |
| 28 years.
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| (e-9) In cases involving reckless homicide in which the | | 21 |
| defendant drove a vehicle and used an incline in a roadway, | | 22 |
| such as a railroad crossing, bridge
approach, or hill, to cause | | 23 |
| the vehicle to become airborne, and caused the deaths of 2 or | | 24 |
| more persons as
part of a single course of conduct,
the penalty | | 25 |
| is a Class 2 felony.
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| (e-10) In cases involving involuntary manslaughter or |
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HB0845 Enrolled |
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LRB095 08430 RLC 28605 b |
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| reckless homicide resulting in the death of a peace officer | | 2 |
| killed in the performance of his or her duties as a peace | | 3 |
| officer, the penalty is a Class 2 felony.
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| (f) In cases involving involuntary manslaughter in which | | 5 |
| the victim was a
family or household member as defined in | | 6 |
| paragraph (3) of Section 112A-3 of the
Code of
Criminal | | 7 |
| Procedure of 1963, the penalty shall be a Class 2 felony, for | | 8 |
| which a
person if sentenced to a term of imprisonment, shall be | | 9 |
| sentenced to a term of
not less than 3 years and not more than | | 10 |
| 14 years.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, | | 12 |
| eff. 7-18-03; 93-682, eff. 1-1-05.)
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