Public Act 095-0591
Public Act 0591 95TH GENERAL ASSEMBLY
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Public Act 095-0591
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| HB1641 Enrolled |
LRB095 06668 RLC 26778 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 2. The Criminal Code of 1961 is amended by changing | Sections 9-3 and 12-2 as follows:
| (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
| Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
| (a) A person who unintentionally kills an individual | without lawful
justification commits involuntary manslaughter | if his acts whether lawful
or unlawful which cause the death | are such as are likely to cause death or
great bodily harm to | some individual, and he performs them recklessly,
except in | cases in which the cause of the death consists of the driving | of
a motor vehicle or operating a snowmobile, all-terrain | vehicle, or watercraft,
in which case the person commits | reckless homicide. A person commits reckless homicide if he or | she unintentionally kills an individual while driving a vehicle | and using an incline in a roadway, such as a railroad crossing, | bridge
approach, or hill, to cause the vehicle to become | airborne.
| (b) (Blank).
| (c) (Blank).
| (d) Sentence.
|
| (1) Involuntary manslaughter is a Class 3 felony.
| (2) Reckless homicide is a Class 3 felony.
| (e) (Blank).
| (e-5) (Blank).
| (e-7) Except as otherwise provided in subsection (e-8), in | cases involving
reckless homicide in which the defendant: (1)
| was
driving in a construction or maintenance zone, as defined | in Section 11-605
of the Illinois Vehicle Code, or (2) was | operating a vehicle while failing or refusing to comply with | any lawful order or direction of any authorized police officer | or traffic control aide engaged in traffic control,
the penalty | is a Class 2 felony, for which a
person, if sentenced to a term | of imprisonment, shall be sentenced to a term of
not less than | 3 years and not more than 14 years.
| (e-8) In cases involving reckless homicide in which the | defendant caused the deaths of 2 or more persons as part of a | single course of conduct and: (1) was
driving in a construction | or maintenance zone, as defined in Section 11-605
of the | Illinois Vehicle Code, or (2) was operating a vehicle while | failing or refusing to comply with any lawful order or | direction of any authorized police officer or traffic control | aide engaged in traffic control
and caused the deaths of 2 or | more persons as
part of a single course of conduct,
the penalty | is a Class 2 felony, for which a
person, if sentenced to a term | of imprisonment, shall be sentenced to a term of
not less than | 6 years and not more than 28 years.
|
| (e-9) In cases involving reckless homicide in which the | defendant drove a vehicle and used an incline in a roadway, | such as a railroad crossing, bridge
approach, or hill, to cause | the vehicle to become airborne, and caused the deaths of 2 or | more persons as
part of a single course of conduct,
the penalty | is a Class 2 felony.
| (f) In cases involving involuntary manslaughter in which | the victim was a
family or household member as defined in | paragraph (3) of Section 112A-3 of the
Code of
Criminal | Procedure of 1963, the penalty shall be a Class 2 felony, for | which a
person if sentenced to a term of imprisonment, shall be | sentenced to a term of
not less than 3 years and not more than | 14 years.
| (Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, | eff. 7-18-03; 93-682, eff. 1-1-05.)
| (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| Sec. 12-2. Aggravated assault.
| (a) A person commits an aggravated assault, when, in | committing an
assault, he:
| (1) Uses a deadly weapon or any device manufactured and | designed to be
substantially similar in appearance to a | firearm, other than by
discharging a firearm in the | direction of another person, a peace
officer, a person | summoned or directed by a peace officer, a correctional
| officer or a fireman or in the direction of a vehicle |
| occupied by another
person, a peace officer, a person | summoned or directed by a peace officer,
a correctional | officer or a fireman while the officer or fireman is
| engaged in the execution of any of his official duties, or | to prevent the
officer or fireman from performing his | official duties, or in retaliation
for the officer or | fireman performing his official duties;
| (2) Is hooded, robed or masked in such manner as to | conceal his
identity or any device manufactured and | designed to be substantially
similar in appearance to a | firearm;
| (3) Knows the individual assaulted to be a teacher or | other person
employed in any school and such teacher or | other employee is upon the
grounds of a school or grounds | adjacent thereto, or is in any part of a
building used for | school purposes;
| (4) Knows the individual assaulted to be a supervisor, | director,
instructor or other person employed in any park | district and such
supervisor, director, instructor or | other employee is upon the grounds of
the park or grounds | adjacent thereto, or is in any part of a building used
for | park purposes;
| (5) Knows the individual assaulted to be a caseworker, | investigator, or
other person employed by the Department of | Healthcare and Family Services (formerly State Department | of Public Aid), a
County
Department of Public Aid, or the |
| Department of Human Services (acting as
successor to the | Illinois Department of Public Aid under the Department of
| Human Services Act) and such caseworker, investigator, or | other person
is upon the grounds of a public aid office or | grounds adjacent thereto, or
is in any part of a building | used for public aid purposes, or upon the
grounds of a home | of a public aid applicant, recipient or any other person
| being interviewed or investigated in the employees' | discharge of his
duties, or on grounds adjacent thereto, or | is in any part of a building in
which the applicant, | recipient, or other such person resides or is located;
| (6) Knows the individual assaulted to be a peace | officer, or a community
policing volunteer, or a fireman
| while the officer or fireman is engaged in the execution of | any of his
official duties, or to prevent the officer, | community policing volunteer,
or fireman from performing
| his official duties, or in retaliation for the officer, | community policing
volunteer, or fireman
performing his | official duties, and the assault is committed other than by
| the discharge of a firearm in the direction of the officer | or fireman or
in the direction of a vehicle occupied by the | officer or fireman;
| (7) Knows the individual assaulted to be
an emergency | medical technician - ambulance, emergency medical
| technician - intermediate, emergency medical technician - | paramedic, ambulance
driver or other medical
assistance or |
| first aid personnel engaged in the
execution of any of his | official duties, or to prevent the
emergency medical | technician - ambulance, emergency medical
technician - | intermediate, emergency medical technician - paramedic,
| ambulance driver, or other medical assistance or first aid | personnel from
performing his official duties, or in | retaliation for the
emergency medical technician - | ambulance, emergency medical
technician - intermediate, | emergency medical technician - paramedic,
ambulance | driver, or other medical assistance or first aid personnel
| performing his official duties;
| (8) Knows the individual assaulted to be the driver, | operator, employee
or passenger of any transportation | facility or system engaged in the
business of | transportation of the public for hire and the individual
| assaulted is then performing in such capacity or then using | such public
transportation as a passenger or using any area | of any description
designated by the transportation | facility or system as a vehicle boarding,
departure, or | transfer location;
| (9) Or the individual assaulted is on or about a public | way, public
property, or public place of accommodation or | amusement;
| (9.5) Is, or the individual assaulted is, in or about a | publicly or privately owned sports or entertainment arena, | stadium, community or convention hall, special event |
| center, amusement facility, or a special event center in a | public park during any 24-hour period when a professional | sporting event, National Collegiate Athletic Association | (NCAA)-sanctioned sporting event, United States Olympic | Committee-sanctioned sporting event, or International | Olympic Committee-sanctioned sporting event is taking | place in this venue;
| (10) Knows the individual assaulted to be an employee | of the State of
Illinois, a municipal corporation therein | or a political subdivision
thereof, engaged in the | performance of his authorized duties as such
employee;
| (11) Knowingly and without legal justification, | commits an assault on
a physically handicapped person;
| (12) Knowingly and without legal justification, | commits an assault on a
person 60 years of age or older;
| (13) Discharges a firearm;
| (14) Knows the individual assaulted to be a | correctional officer, while
the officer is engaged in the | execution of any of his or her official duties,
or to | prevent the officer from performing his or her official | duties, or in
retaliation for the officer performing his or | her official duties;
| (15) Knows the individual assaulted to be a | correctional employee or
an employee of the Department of | Human Services supervising or controlling
sexually | dangerous persons or sexually violent persons, while
the |
| employee is engaged in the execution of any of his or her | official duties,
or to prevent the employee from performing | his or her official duties, or in
retaliation for the | employee performing his or her official duties, and the
| assault is committed other than by the discharge of a | firearm in the direction
of the employee or in the | direction of a vehicle occupied by the employee;
| (16) Knows the individual assaulted to be an employee | of a police or
sheriff's department, or a person who is | employed by a municipality and whose duties include traffic | control, engaged in the performance of his or her official | duties
as such employee; or
| (17) Knows the individual assaulted to be a sports | official or coach at any level of competition and the act | causing the assault to the sports official or coach | occurred within an athletic facility or an indoor or | outdoor playing field or within the immediate vicinity of | the athletic facility or an indoor or outdoor playing field | at which the sports official or coach was an active | participant in the athletic contest held at the athletic | facility. For the purposes of this paragraph (17), "sports | official" means a person at an athletic contest who | enforces the rules of the contest, such as an umpire or | referee; and "coach" means a person recognized as a coach | by the sanctioning authority that conducted the athletic | contest; or .
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| (18) Knows the individual assaulted to be an emergency | management
worker, while the emergency management worker | is engaged in the execution of
any of his or her official | duties,
or to prevent the emergency management worker from | performing his or her
official duties, or in retaliation | for the emergency management worker
performing his or her | official duties, and the assault is committed other than
by | the discharge of a firearm in the direction of the | emergency management
worker or in the direction of a | vehicle occupied by the emergency management
worker.
| (a-5) A person commits an aggravated assault when he or she | knowingly and
without lawful justification shines or flashes a | laser gunsight or other laser
device that is attached or | affixed to a firearm, or used in concert with a
firearm, so | that the laser beam strikes near or in the immediate vicinity | of
any person.
| (b) Sentence.
| Aggravated assault as defined in paragraphs (1) through (5) | and (8) through
(12) and (17) of subsection (a) of this Section | is a Class A misdemeanor. Aggravated
assault as defined in | paragraphs (13), (14), and (15) of subsection (a) of this
| Section and as defined in subsection (a-5) of this Section is a | Class 4
felony. Aggravated assault as defined in paragraphs
| (6), (7), (16), and (18) of
subsection (a) of this Section is a | Class A misdemeanor if a firearm is not
used in the commission | of the assault. Aggravated assault as defined in
paragraphs |
| (6), (7), (16), and (18) of subsection (a) of this
Section is a | Class 4 felony if a firearm is used in the commission of the
| assault.
| (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482, | eff. 1-1-06; revised 12-15-05.)
| Section 5. The Rights of Crime Victims and Witnesses Act is | amended by changing Sections 3, 4, and 6 as follows:
| (725 ILCS 120/3) (from Ch. 38, par. 1403)
| Sec. 3. The terms used in this Act, unless the context | clearly
requires otherwise, shall have the following meanings:
| (a) "Crime victim" means (1) a person physically injured in | this State as a
result of a violent crime perpetrated or | attempted against that person or (2) a
person who suffers | injury to or loss of property as a result of a violent crime
| perpetrated or attempted against that person or (3) a single
| representative who
may be the spouse, parent, child or sibling | of a person killed as a result of a
violent crime perpetrated | against the person killed or the spouse, parent,
child or | sibling of any person granted rights under this Act who is | physically
or mentally incapable of exercising such rights, | except where the spouse,
parent, child or sibling is also the | defendant or prisoner or (4) any person
against whom a violent | crime has been committed or (5) any person
who has suffered | personal injury as a result of a violation of Section 11-501
of |
| the Illinois Vehicle Code, or of a similar provision of a local | ordinance,
or of Section 9-3 of the Criminal Code of 1961, as | amended or (6) in proceedings under the Juvenile Court Act of | 1987, both parents, legal guardians, foster parents, or a | single adult representative of a deceased minor or disabled | person who is a crime victim;
| (b) "Witness" means any person who personally observed the | commission of
a violent crime and who will testify on behalf of | the State of Illinois in
the criminal prosecution of the | violent crime;
| (c) "Violent Crime" means any felony in which force or | threat of force was
used against the victim, or any offense | involving sexual exploitation, sexual
conduct or sexual | penetration, domestic battery, violation of an order of
| protection, stalking, or any misdemeanor which results in death | or great bodily
harm to the victim or any violation of Section | 9-3 of the Criminal Code of
1961, or Section 11-501 of the | Illinois Vehicle
Code, or a similar provision of a local | ordinance, if the violation resulted
in personal injury or | death, and includes any action committed by a juvenile
that | would be a violent crime if committed by an adult. For the | purposes of
this paragraph, "personal injury" shall include any | Type A injury as indicated
on the traffic accident report | completed by a law enforcement officer that
requires immediate | professional attention in either a doctor's office or
medical | facility. A type A injury shall include severely bleeding |
| wounds,
distorted extremities, and injuries that require the | injured party to be
carried from the scene;
| (d) "Sentencing Hearing" means any hearing where a sentence | is imposed
by the court on a convicted defendant and includes | hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | and 5-7-7 of the Unified Code of
Corrections except those cases | in which both parties have agreed to the
imposition of a | specific sentence.
| (e) "Court proceedings" includes the preliminary hearing, | any hearing the
effect of which may be the release of the | defendant from custody or to alter
the conditions of bond, the | trial, sentencing hearing, notice of appeal, any
modification | of sentence, probation revocation hearings or parole hearings.
| (Source: P.A. 94-271, eff. 1-1-06.)
| (725 ILCS 120/4) (from Ch. 38, par. 1404)
| Sec. 4. Rights of crime victims.
| (a) Crime victims shall have the following rights:
| (1) The right to be treated with fairness and respect | for their dignity
and privacy throughout the criminal | justice process.
| (2) The right to notification of court proceedings.
| (3) The right to communicate with the prosecution.
| (4) The right to make a statement to the court at | sentencing.
| (5) The right to information about the conviction, |
| sentence, imprisonment
and release of the accused.
| (6) The right to the timely disposition of the case | following the arrest
of the accused.
| (7) The right to be reasonably protected from the | accused through the
criminal justice process.
| (8) The right to be present at the trial and all other | court proceedings
on the same basis as the accused, unless | the victim is to testify and the court
determines that the | victim's testimony would be materially affected if the
| victim hears other testimony at the trial.
| (9) the right to have present at all court proceedings, | including proceedings under the Juvenile Court Act of 1987, | subject to the admonition of the rules of confidentiality | and subject to the
rules of evidence, a victim-witness | specialist, an advocate or other support person of the | victim's choice.
| (10) The right to restitution.
| (b) A statement and explanation of the rights of crime | victims set forth in
paragraph (a) of this Section shall be | given to a crime victim at the initial
contact with the | criminal justice system by the appropriate authorities and
| shall be conspicuously posted in all court facilities.
| (Source: P.A. 87-224; 88-489.)
| (725 ILCS 120/6) (from Ch. 38, par. 1406)
| Sec. 6. Rights to present victim impact statement.
|
| (a) In any case where a defendant has been convicted of a | violent crime or a
juvenile has been adjudicated a delinquent | for a violent crime and a victim of the violent crime or the | victim's spouse,
guardian, parent, grandparent, or other | immediate family or household member is present in
the
| courtroom at the time of the sentencing or the disposition | hearing,
the victim or his or her representative shall have the | right and the victim's
spouse, guardian, parent, grandparent, | and other immediate
family or household member upon his, her, | or
their request may be permitted by the court to address the
| court regarding the impact that the defendant's criminal | conduct
or the
juvenile's delinquent conduct has had upon them | and the victim.
The court has discretion to determine the | number of oral presentations of victim impact statements.
Any | impact
statement must have been prepared in writing in | conjunction with the Office
of the State's Attorney prior to | the initial hearing or sentencing, before
it can be presented | orally or in writing at the sentencing hearing. In
conjunction | with the Office of the State's Attorney, a victim impact | statement
that is presented orally may be done so by the victim | or the victim's spouse,
guardian, parent, grandparent, or other | immediate family or household member or
his,
her, or their
| representative. At the sentencing hearing, the prosecution may | introduce
that evidence either in its
case in chief or in | rebuttal. The court shall
consider any impact statement | admitted
along with
all
other appropriate factors in |
| determining the sentence of the defendant or
disposition of | such juvenile.
| (b) The crime victim has the right to prepare a victim | impact statement
and present it to the Office of the State's | Attorney at any time during the
proceedings. Any written victim | impact statement submitted to the Office of the State's | Attorney shall be considered by the court during its | consideration of aggravation and mitigation in plea | proceedings under Supreme Court Rule 402.
| (c) This Section shall apply to any victims of a violent | crime during any
dispositional hearing under Section 5-705 of | the Juvenile Court
Act of 1987 which takes place pursuant to an | adjudication or trial or plea of
delinquency for any such | offense.
| (Source: P.A. 92-412, eff. 1-1-02; 93-819, eff. 7-27-04.)
| Section 99. Effective date. Section 2 and this Section take | effect upon becoming law.
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Effective Date: 9/10/2007
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