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91_HB1763
LRB9105513RCpr
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 9-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 9-3 as follows:
7 (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
8 Sec. 9-3. Involuntary Manslaughter and Reckless
9 Homicide.
10 (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, in which case the person commits reckless
17 homicide.
18 (b) In cases involving reckless homicide, being under
19 the influence of alcohol or any other drug or drugs at the
20 time of the alleged violation shall be presumed to be
21 evidence of a reckless act unless disproved by evidence to
22 the contrary.
23 (c) For the purposes of this Section, a person shall be
24 considered to be under the influence of alcohol or other
25 drugs while:
26 1. The alcohol concentration in the person's blood
27 or breath is 0.08 or more based on the definition of
28 blood and breath units in Section 11-501.2 of the
29 Illinois Vehicle Code;
30 2. Under the influence of alcohol to a degree that
31 renders the person incapable of safely driving;
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1 3. Under the influence of any other drug or
2 combination of drugs to a degree that renders the person
3 incapable of safely driving; or
4 4. Under the combined influence of alcohol and any
5 other drug or drugs to a degree which renders the person
6 incapable of safely driving.
7 (d) Sentence.
8 (1) Involuntary manslaughter is a Class 3 felony.
9 (2) Reckless homicide is a Class 3 felony.
10 (e) In cases involving reckless homicide in which the
11 defendant was determined to have been under the influence of
12 alcohol or any other drug or drugs as an element of the
13 offense, or in cases in which the defendant is proven beyond
14 a reasonable doubt to have been under the influence of
15 alcohol or any other drug or drugs, the penalty shall be a
16 Class 2 felony, for which a person, if sentenced to a term of
17 imprisonment, shall be sentenced to a term of not less than 3
18 years and not more than 14 years.
19 (f) In cases involving involuntary manslaughter in which
20 the victim was a family or household member as defined in
21 paragraph (3) of Section 112A-3 of the Code of Criminal
22 Procedure of 1963, the penalty shall be a Class 2 felony, for
23 which a person if sentenced to a term of imprisonment, shall
24 be sentenced to a term of not less than 3 years and not more
25 than 14 years.
26 (g) In cases involving reckless homicide in which the
27 defendant was determined to have been under the influence of
28 alcohol or any other drug or drugs as an element of the
29 offense, or in cases in which the defendant is proven beyond
30 a reasonable doubt to have been under the influence of
31 alcohol or any other drug or drugs and the defendant has been
32 convicted of causing the death of more than one individual,
33 the penalty is a Class X felony.
34 (Source: P.A. 90-43, eff. 7-2-97; 90-119, eff. 1-1-98;
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1 90-655, eff. 7-30-98.)