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Public Act 095-0803
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| SB2488 Enrolled |
LRB095 19871 WGH 46270 b |
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AN ACT concerning transportation, which may be referred to |
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 |
Section 11-213 as follows:
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(625 ILCS 5/11-213 new) |
Sec. 11-213. Power of a fire department officer; highway or |
lane closure. In the absence of a law enforcement officer or a |
representative of the highway agency having jurisdiction over |
the highway, an officer of a fire department, in the
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performance of his or her official duties, has the authority to
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close to traffic a highway, or a lane or lanes of a highway, as
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necessary to protect the safety of persons or property. In |
order to promote the safe implementation of this Section, the |
fire department officer shall utilize an official fire |
department vehicle with lighted red or white oscillating, |
rotating, or flashing lights in accordance with Section 12-215 |
of this Code and proper temporary traffic control in accordance |
with the sections of the Illinois Manual on Uniform Traffic |
Control Devices concerning temporary traffic control and |
incident management. The officer should also receive training |
in safe practices for accomplishing these tasks near traffic. |
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This Section does not apply to highways under the jurisdiction |
of the Illinois State Toll Highway Authority.
As used in this |
Section, "highway" has the meaning set forth in Section 1-126 |
of this Code.
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Section 10. The Criminal Code of 1961 is amended by |
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, |
and 95-587) |
Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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(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.
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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 |
involving reckless homicide in which the offense is committed |
upon a public thoroughfare where children pass going to and |
from school when a school crossing guard is performing official |
duties, 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-3) In cases involving reckless homicide in which (i) the |
offense is committed upon a public thoroughfare where children |
pass going to and from school when a school crossing guard is |
performing official duties and (ii) the defendant causes 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.
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(e-5) (Blank).
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(e-7) Except as otherwise provided in subsection (e-8), in |
cases involving
reckless homicide in which the defendant: (1)
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was
driving in a construction or maintenance zone, as defined |
in Section 11-605.1
of the Illinois Vehicle Code, or (2) was |
operating a vehicle while failing or refusing to comply with |
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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.
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(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 11-605.1
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 6 |
years and not more than 28 years.
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(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.
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(e-10) In cases involving involuntary manslaughter or |
reckless homicide resulting in the death of a peace officer |
killed in the performance of his or her duties as a peace |
officer, the penalty is a Class 2 felony.
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(e-11)
(e-10) In cases involving reckless homicide in which |
the defendant unintentionally kills an individual while |
driving in a posted school zone, as defined in Section 11-605 |
of the Illinois Vehicle Code, while children are present or in |
a construction or maintenance zone, as defined in Section |
11-605.1 of the Illinois Vehicle Code, when construction or |
maintenance workers are present the trier of fact may infer |
that the defendant's actions were performed recklessly where he |
or she was also either driving at a speed of more than 20 miles |
per hour in excess of the posted speed limit or violating |
Section 11-501 of the Illinois Vehicle Code.
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(e-12) Except as otherwise provided in subsection (e-13), |
in cases involving
reckless homicide in which the offense was |
committed as result
of a violation of subsection (c) of Section |
11-907 of the Illinois Vehicle Code,
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-13) In cases involving
reckless homicide in which the |
offense was committed as result
of a violation of subsection |
(c) of Section 11-907 of the Illinois Vehicle Code and the |
defendant 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.
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(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.
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(Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, |
eff. 6-1-08; 95-591, eff. 9-10-07; revised 10-30-07.)
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