Full Text of SB2488 95th General Assembly
SB2488 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2488
Introduced 2/15/2008, by Sen. Gary Forby SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/11-213 new |
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720 ILCS 5/9-3 |
from Ch. 38, par. 9-3 |
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Amends the Illinois Vehicle Code. Provides that an officer of a fire department, in the performance of his or her official duties, has the authority to close to traffic a highway, or a lane or lanes of a highway, as necessary to protect the safety of persons or property. Amends the Criminal Code of 1961. Increases the penalties for the offense of reckless homicide if the offense is committed as a result of failing to follow the procedures required when approaching a stationary authorized emergency vehicle. Further increases the penalties if the defendant causes the deaths of 2 or more persons as
part of a single course of conduct.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2488 |
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LRB095 19871 WGH 46270 b |
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| AN ACT concerning transportation, which may be referred to | 2 |
| as James "Shib" Miller and William Grant's 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 Illinois Vehicle Code is amended by adding | 6 |
| Section 11-213 as follows: | 7 |
| (625 ILCS 5/11-213 new) | 8 |
| Sec. 11-213. Power of a fire department officer; highway or | 9 |
| lane closure. An officer of a fire department, in the | 10 |
| performance of his or her official duties, has the authority to | 11 |
| close to traffic a highway, or a lane or lanes of a highway, as | 12 |
| necessary to protect the safety of persons or property. | 13 |
| Section 10. The Criminal Code of 1961 is amended by | 14 |
| changing Section 9-3 as follows:
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| (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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| (Text of Section after amendment by P.A. 95-467, 95-551, | 17 |
| and 95-587 ) | 18 |
| Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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| (a) A person who unintentionally kills an individual | 20 |
| without lawful
justification commits involuntary manslaughter | 21 |
| if his acts whether lawful
or unlawful which cause the death |
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SB2488 |
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LRB095 19871 WGH 46270 b |
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| are such as are likely to cause death or
great bodily harm to | 2 |
| some individual, and he performs them recklessly,
except in | 3 |
| cases in which the cause of the death consists of the driving | 4 |
| of
a motor vehicle or operating a snowmobile, all-terrain | 5 |
| vehicle, or watercraft,
in which case the person commits | 6 |
| reckless homicide. A person commits reckless homicide if he or | 7 |
| she unintentionally kills an individual while driving a vehicle | 8 |
| and using an incline in a roadway, such as a railroad crossing, | 9 |
| bridge
approach, or hill, to cause the vehicle to become | 10 |
| airborne.
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| (b) (Blank).
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| (c) (Blank).
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| (d) Sentence.
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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-2) Except as provided in subsection (e-3), in cases | 18 |
| involving reckless homicide in which the offense is committed | 19 |
| upon a public thoroughfare where children pass going to and | 20 |
| from school when a school crossing guard is performing official | 21 |
| duties, the penalty is a Class 2 felony, for which a
person, if | 22 |
| sentenced to a term of imprisonment, shall be sentenced to a | 23 |
| term of
not less than 3 years and not more than 14 years. | 24 |
| (e-3) In cases involving reckless homicide in which (i) the | 25 |
| offense is committed upon a public thoroughfare where children | 26 |
| pass going to and from school when a school crossing guard is |
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SB2488 |
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LRB095 19871 WGH 46270 b |
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| performing official duties and (ii) the defendant causes the | 2 |
| deaths of 2 or more persons as part of a single course of | 3 |
| conduct, the penalty is a Class 2 felony, for which a
person, | 4 |
| if sentenced to a term of imprisonment, shall be sentenced to a | 5 |
| term of
not less than 6 years and not more than 28 years.
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| (e-5) (Blank).
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| (e-7) Except as otherwise provided in subsection (e-8), in | 8 |
| cases involving
reckless homicide in which the defendant: (1)
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| was
driving in a construction or maintenance zone, as defined | 10 |
| in Section 11-605.1
of the Illinois Vehicle Code, or (2) was | 11 |
| operating a vehicle while failing or refusing to comply with | 12 |
| any lawful order or direction of any authorized police officer | 13 |
| or traffic control aide engaged in traffic control,
the penalty | 14 |
| is a Class 2 felony, for which a
person, if sentenced to a term | 15 |
| of imprisonment, shall be sentenced to a term of
not less than | 16 |
| 3 years and not more than 14 years.
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| (e-8) In cases involving reckless homicide in which the | 18 |
| defendant caused the deaths of 2 or more persons as part of a | 19 |
| single course of conduct and: (1) was
driving in a construction | 20 |
| or maintenance zone, as defined in Section 11-605.1
of the | 21 |
| Illinois Vehicle Code, or (2) was operating a vehicle while | 22 |
| failing or refusing to comply with any lawful order or | 23 |
| direction of any authorized police officer or traffic control | 24 |
| aide engaged in traffic control,
the penalty is a Class 2 | 25 |
| felony, for which a
person, if sentenced to a term of | 26 |
| imprisonment, shall be sentenced to a term of
not less than 6 |
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LRB095 19871 WGH 46270 b |
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| years and not more than 28 years.
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| (e-9) In cases involving reckless homicide in which the | 3 |
| defendant drove a vehicle and used an incline in a roadway, | 4 |
| such as a railroad crossing, bridge
approach, or hill, to cause | 5 |
| the vehicle to become airborne, and caused the deaths of 2 or | 6 |
| more persons as
part of a single course of conduct,
the penalty | 7 |
| is a Class 2 felony.
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| (e-10) In cases involving involuntary manslaughter or | 9 |
| reckless homicide resulting in the death of a peace officer | 10 |
| killed in the performance of his or her duties as a peace | 11 |
| officer, the penalty is a Class 2 felony.
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| (e-11)
(e-10) In cases involving reckless homicide in which | 13 |
| the defendant unintentionally kills an individual while | 14 |
| driving in a posted school zone, as defined in Section 11-605 | 15 |
| of the Illinois Vehicle Code, while children are present or in | 16 |
| a construction or maintenance zone, as defined in Section | 17 |
| 11-605.1 of the Illinois Vehicle Code, when construction or | 18 |
| maintenance workers are present the trier of fact may infer | 19 |
| that the defendant's actions were performed recklessly where he | 20 |
| or she was also either driving at a speed of more than 20 miles | 21 |
| per hour in excess of the posted speed limit or violating | 22 |
| Section 11-501 of the Illinois Vehicle Code.
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| (e-12) Except as otherwise provided in subsection (e-13), | 24 |
| in cases involving
reckless homicide in which the offense was | 25 |
| committed as result
of a violation of subsection (c) of Section | 26 |
| 11-907 of the Illinois Vehicle Code,
the penalty is a Class 2 |
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SB2488 |
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LRB095 19871 WGH 46270 b |
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| felony, for which a
person, if sentenced to a term of | 2 |
| imprisonment, shall be sentenced to a term of
not less than 3 | 3 |
| years and not more than 14 years. | 4 |
| (e-13) In cases involving
reckless homicide in which the | 5 |
| offense was committed as result
of a violation of subsection | 6 |
| (c) of Section 11-907 of the Illinois Vehicle Code and the | 7 |
| defendant caused the deaths of 2 or more persons as
part of a | 8 |
| single course of conduct,
the penalty is a Class 2 felony, for | 9 |
| which a
person, if sentenced to a term of imprisonment, shall | 10 |
| be sentenced to a term of
not less than 6 years and not more | 11 |
| than 28 years.
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| (f) In cases involving involuntary manslaughter in which | 13 |
| the victim was a
family or household member as defined in | 14 |
| paragraph (3) of Section 112A-3 of the
Code of
Criminal | 15 |
| Procedure of 1963, the penalty shall be a Class 2 felony, for | 16 |
| which a
person if sentenced to a term of imprisonment, shall be | 17 |
| sentenced to a term of
not less than 3 years and not more than | 18 |
| 14 years.
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| (Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, | 20 |
| eff. 6-1-08; 95-591, eff. 9-10-07; revised 10-30-07.)
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