Illinois General Assembly - Full Text of Public Act 095-0591
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Public Act 095-0591


 

Public Act 0591 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0591
 
HB1641 Enrolled LRB095 06668 RLC 26778 b

    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 .
        (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.

Effective Date: 9/10/2007