SB2596sam002 95TH GENERAL ASSEMBLY

Sen. William Delgado

Filed: 4/11/2008

09500SB2596sam002 LRB095 15332 RLC 49329 a

AMENDMENT TO SENATE BILL 2596

AMENDMENT NO. ______. Amend Senate Bill 2596, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Criminal Code of 1961 is amended by changing Section 12-5 as follows:

(720 ILCS 5/12-5) (from Ch. 38, par. 12-5)

Sec. 12-5. Reckless conduct.

(a) A person who causes bodily harm to or endangers the bodily safety of an individual by any means, commits reckless conduct if he or she performs recklessly the acts that cause the harm or endanger safety, whether they otherwise are lawful or unlawful.

(a-5) A person who causes great bodily harm or permanent disability or disfigurement by any means, commits reckless conduct if he or she performs recklessly the acts that cause the harm, whether they otherwise are lawful or unlawful.

(a-10) A person who, while operating a motor vehicle, causes bodily harm to or endangers the bodily safety of a vulnerable user of the public way commits reckless conduct if he or she performs recklessly the acts that cause the harm or endanger safety, whether they otherwise are lawful or unlawful.

(a-15) A person who, while operating a motor vehicle, causes great bodily harm or permanent disability or disfigurement to a vulnerable user of the public way commits reckless conduct if he or she performs recklessly the acts that cause the harm, whether they otherwise are lawful or unlawful.

(a-20) For purposes of subsections (a-10) and (a-15), "vulnerable user of the public way" means any of the following persons who are lawfully present on the roadway or shoulder of a public way:

(1) pedestrians,

(2) highway workers,

(3) persons engaged in equine activities, as defined in the Equine Activity Liability Act,

(4) persons operating a farm tractor or other implement of husbandry, as defined in the Illinois Vehicle Code, or

(5) persons operating or using a motorcycle, bicycle, scooter, skateboard, roller skates, or in-line skates.

(b) Sentence.

Reckless conduct under subsection (a) or subsection (a-10) is a Class A misdemeanor. Reckless conduct under subsection (a-5) or subsection (a-15) is a Class 4 felony.

(Source: P.A. 93-710, eff. 1-1-05.)".