Full Text of SB2596 95th General Assembly
SB2596ham001 95TH GENERAL ASSEMBLY
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Drivers Education & Safety Committee
Filed: 5/20/2008
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09500SB2596ham001 |
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LRB095 15332 RLC 51097 a |
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| AMENDMENT TO SENATE BILL 2596
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| AMENDMENT NO. ______. Amend Senate Bill 2596 by replacing | | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by | | 5 |
| changing Sections 9-3 and 12-5 as follows:
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| (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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| (Text of Section before amendment by P.A. 95-467, 95-551, | | 8 |
| and 95-587) | | 9 |
| Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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| (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 |
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LRB095 15332 RLC 51097 a |
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| vehicle, or watercraft,
in which case the person commits | | 2 |
| reckless homicide. A person commits reckless homicide if he or | | 3 |
| she unintentionally kills an individual while driving a vehicle | | 4 |
| and using an incline in a roadway, such as a railroad crossing, | | 5 |
| bridge
approach, or hill, to cause the vehicle to become | | 6 |
| 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-5) (Blank).
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| (e-7) Except as otherwise provided in subsection (e-8), in | | 15 |
| cases involving
reckless homicide in which the defendant: (1)
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| was
driving in a construction or maintenance zone, as defined | | 17 |
| in Section 11-605
of the Illinois Vehicle Code, or (2) was | | 18 |
| operating a vehicle while failing or refusing to comply with | | 19 |
| any lawful order or direction of any authorized police officer | | 20 |
| or traffic control aide engaged in traffic control,
the penalty | | 21 |
| is a Class 2 felony, for which a
person, if sentenced to a term | | 22 |
| of imprisonment, shall be sentenced to a term of
not less than | | 23 |
| 3 years and not more than 14 years.
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| (e-8) In cases involving reckless homicide in which the | | 25 |
| defendant caused the deaths of 2 or more persons as part of a | | 26 |
| single course of conduct and: (1) was
driving in a construction |
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LRB095 15332 RLC 51097 a |
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| or maintenance zone, as defined in Section 11-605
of the | | 2 |
| Illinois Vehicle Code, or (2) was operating a vehicle while | | 3 |
| failing or refusing to comply with any lawful order or | | 4 |
| direction of any authorized police officer or traffic control | | 5 |
| aide engaged in traffic control,
the penalty is a Class 2 | | 6 |
| felony, for which a
person, if sentenced to a term of | | 7 |
| imprisonment, shall be sentenced to a term of
not less than 6 | | 8 |
| years and not more than 28 years.
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| (e-9) In cases involving reckless homicide in which the | | 10 |
| defendant drove a vehicle and used an incline in a roadway, | | 11 |
| such as a railroad crossing, bridge
approach, or hill, to cause | | 12 |
| the vehicle to become airborne, and caused the deaths of 2 or | | 13 |
| more persons as
part of a single course of conduct,
the penalty | | 14 |
| is a Class 2 felony.
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| (e-12) In cases involving reckless homicide in which a | | 16 |
| person or persons were killed as a result of the defendant's | | 17 |
| reckless operation of a motor vehicle on a roadway and the | | 18 |
| victim or victims of the offense were vulnerable users of a | | 19 |
| public way, the penalty shall be a Class 2 felony and is | | 20 |
| subject to a maximum fine of $10,000. For the purposes of this | | 21 |
| subsection (e-12), "vulnerable user of a public way" includes, | | 22 |
| but is not limited to, pedestrians who are lawfully present on | | 23 |
| the roadway and persons who are lawfully operating the | | 24 |
| following on a roadway: | | 25 |
| (1) bicycles; | | 26 |
| (2) wheelchairs; |
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LRB095 15332 RLC 51097 a |
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| (3) motor-driven cycles; or | | 2 |
| (4) farm tractors or implements of husbandry.
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| (f) In cases involving involuntary manslaughter in which | | 4 |
| the victim was a
family or household member as defined in | | 5 |
| paragraph (3) of Section 112A-3 of the
Code of
Criminal | | 6 |
| Procedure of 1963, the penalty shall be a Class 2 felony, for | | 7 |
| which a
person if sentenced to a term of imprisonment, shall be | | 8 |
| sentenced to a term of
not less than 3 years and not more than | | 9 |
| 14 years.
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| (Source: P.A. 95-591, eff. 9-10-07.)
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| (Text of Section after amendment by P.A. 95-467, 95-551, | | 12 |
| and 95-587) | | 13 |
| Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
| | 14 |
| (a) A person who unintentionally kills an individual | | 15 |
| without lawful
justification commits involuntary manslaughter | | 16 |
| if his acts whether lawful
or unlawful which cause the death | | 17 |
| are such as are likely to cause death or
great bodily harm to | | 18 |
| some individual, and he performs them recklessly,
except in | | 19 |
| cases in which the cause of the death consists of the driving | | 20 |
| of
a motor vehicle or operating a snowmobile, all-terrain | | 21 |
| vehicle, or watercraft,
in which case the person commits | | 22 |
| reckless homicide. A person commits reckless homicide if he or | | 23 |
| she unintentionally kills an individual while driving a vehicle | | 24 |
| and using an incline in a roadway, such as a railroad crossing, | | 25 |
| bridge
approach, or hill, to cause the vehicle to become |
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09500SB2596ham001 |
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LRB095 15332 RLC 51097 a |
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| 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 | | 9 |
| involving reckless homicide in which the offense is committed | | 10 |
| upon a public thoroughfare where children pass going to and | | 11 |
| from school when a school crossing guard is performing official | | 12 |
| duties, the penalty is a Class 2 felony, for which a
person, if | | 13 |
| sentenced to a term of imprisonment, shall be sentenced to a | | 14 |
| term of
not less than 3 years and not more than 14 years. | | 15 |
| (e-3) In cases involving reckless homicide in which (i) the | | 16 |
| offense is committed upon a public thoroughfare where children | | 17 |
| pass going to and from school when a school crossing guard is | | 18 |
| performing official duties and (ii) the defendant causes the | | 19 |
| deaths of 2 or more persons as part of a single course of | | 20 |
| conduct, the penalty is a Class 2 felony, for which a
person, | | 21 |
| if sentenced to a term of imprisonment, shall be sentenced to a | | 22 |
| 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 | | 25 |
| cases involving
reckless homicide in which the defendant: (1)
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| was
driving in a construction or maintenance zone, as defined |
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09500SB2596ham001 |
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LRB095 15332 RLC 51097 a |
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| in Section 11-605.1
of the Illinois Vehicle Code, or (2) was | | 2 |
| operating a vehicle while failing or refusing to comply with | | 3 |
| any lawful order or direction of any authorized police officer | | 4 |
| or traffic control aide engaged in traffic control,
the penalty | | 5 |
| is a Class 2 felony, for which a
person, if sentenced to a term | | 6 |
| of imprisonment, shall be sentenced to a term of
not less than | | 7 |
| 3 years and not more than 14 years.
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| (e-8) In cases involving reckless homicide in which the | | 9 |
| defendant caused the deaths of 2 or more persons as part of a | | 10 |
| single course of conduct and: (1) was
driving in a construction | | 11 |
| or maintenance zone, as defined in Section 11-605.1
of the | | 12 |
| Illinois Vehicle Code, or (2) was operating a vehicle while | | 13 |
| failing or refusing to comply with any lawful order or | | 14 |
| direction of any authorized police officer or traffic control | | 15 |
| aide engaged in traffic control,
the penalty is a Class 2 | | 16 |
| felony, for which a
person, if sentenced to a term of | | 17 |
| imprisonment, shall be sentenced to a term of
not less than 6 | | 18 |
| years and not more than 28 years.
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| (e-9) In cases involving reckless homicide in which the | | 20 |
| defendant drove a vehicle and used an incline in a roadway, | | 21 |
| such as a railroad crossing, bridge
approach, or hill, to cause | | 22 |
| the vehicle to become airborne, and caused the deaths of 2 or | | 23 |
| more persons as
part of a single course of conduct,
the penalty | | 24 |
| is a Class 2 felony.
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| (e-10) In cases involving involuntary manslaughter or | | 26 |
| reckless homicide resulting in the death of a peace officer |
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LRB095 15332 RLC 51097 a |
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| killed in the performance of his or her duties as a peace | | 2 |
| officer, the penalty is a Class 2 felony.
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| (e-11)
(e-10) In cases involving reckless homicide in which | | 4 |
| the defendant unintentionally kills an individual while | | 5 |
| driving in a posted school zone, as defined in Section 11-605 | | 6 |
| of the Illinois Vehicle Code, while children are present or in | | 7 |
| a construction or maintenance zone, as defined in Section | | 8 |
| 11-605.1 of the Illinois Vehicle Code, when construction or | | 9 |
| maintenance workers are present the trier of fact may infer | | 10 |
| that the defendant's actions were performed recklessly where he | | 11 |
| or she was also either driving at a speed of more than 20 miles | | 12 |
| per hour in excess of the posted speed limit or violating | | 13 |
| Section 11-501 of the Illinois Vehicle Code.
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| (e-12) In cases involving reckless homicide in which a | | 15 |
| person or persons were killed as a result of the defendant's | | 16 |
| reckless operation of a motor vehicle on a roadway and the | | 17 |
| victim or victims of the offense were vulnerable users of a | | 18 |
| public way, the penalty shall be a Class 2 felony and is | | 19 |
| subject to a maximum fine of $10,000. For the purposes of this | | 20 |
| subsection (e-12), "vulnerable user of a public way" includes, | | 21 |
| but is not limited to, pedestrians who are lawfully present on | | 22 |
| the roadway and persons who are lawfully operating the | | 23 |
| following on a roadway: | | 24 |
| (1) bicycles; | | 25 |
| (2) wheelchairs; | | 26 |
| (3) motor-driven cycles; or |
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09500SB2596ham001 |
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LRB095 15332 RLC 51097 a |
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| (4) farm tractors or implements of husbandry.
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| (f) In cases involving involuntary manslaughter in which | | 3 |
| the victim was a
family or household member as defined in | | 4 |
| paragraph (3) of Section 112A-3 of the
Code of
Criminal | | 5 |
| Procedure of 1963, the penalty shall be a Class 2 felony, for | | 6 |
| which a
person if sentenced to a term of imprisonment, shall be | | 7 |
| sentenced to a term of
not less than 3 years and not more than | | 8 |
| 14 years.
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| (Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, | | 10 |
| eff. 6-1-08; 95-591, eff. 9-10-07; revised 10-30-07.)
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| (720 ILCS 5/12-5) (from Ch. 38, par. 12-5)
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| Sec. 12-5. Reckless
conduct.
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| (a) A person who causes bodily harm to or endangers the | | 14 |
| bodily safety of
an individual by any means, commits reckless | | 15 |
| conduct if he or she performs
recklessly the acts that
cause | | 16 |
| the harm or endanger safety, whether they
otherwise are lawful | | 17 |
| or unlawful. | | 18 |
| (a-5) A person who causes great bodily harm or permanent | | 19 |
| disability or disfigurement by any means, commits reckless | | 20 |
| conduct if he or she performs recklessly the acts that cause | | 21 |
| the harm, whether they otherwise are lawful or unlawful.
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| (b) Sentence.
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| Reckless conduct under subsection (a) is a Class A | | 24 |
| misdemeanor. Reckless conduct under subsection (a-5) is a Class | | 25 |
| 4 felony. Reckless conduct under subsection (a) in which the |
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LRB095 15332 RLC 51097 a |
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| person injured or the persons whose safety was endangered was a | | 2 |
| vulnerable user of a public way and the person who caused the | | 3 |
| injury or who endangered the safety of another person was | | 4 |
| operating a motor vehicle upon a roadway is a Class 4 felony | | 5 |
| and is subject to a maximum fine of $10,000. | | 6 |
| (c) For purposes of this Section, "vulnerable user of a | | 7 |
| public way" includes, but is not limited to, pedestrians who | | 8 |
| are lawfully present on the roadway and person who are lawfully | | 9 |
| operating the following on a roadway: | | 10 |
| (1) bicycles; | | 11 |
| (2) wheelchairs; | | 12 |
| (3) motor-driven cycles; or | | 13 |
| (4) farm tractors or implements of husbandry.
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| (Source: P.A. 93-710, eff. 1-1-05.)
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| Section 95. No acceleration or delay. Where this Act makes | | 16 |
| changes in a statute that is represented in this Act by text | | 17 |
| that is not yet or no longer in effect (for example, a Section | | 18 |
| represented by multiple versions), the use of that text does | | 19 |
| not accelerate or delay the taking effect of (i) the changes | | 20 |
| made by this Act or (ii) provisions derived from any other | | 21 |
| Public Act.
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| Section 99. Effective date. This Act takes effect upon | | 23 |
| becoming law.".
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