94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0767


 
Introduced 2/1/2005, by Rep. Jack D. Franks
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/9-3
  from Ch. 38, par. 9-3







    Amends the Criminal Code of 1961.  Provides that in cases involving reckless homicide, the defendant's  driving of a motor vehicle or operating a snowmobile, all-terrain vehicle, or watercraft at an excessive rate of speed may be the sole evidence of a reckless act.
















LRB094 05318 RLC 35361 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0767

LRB094 05318 RLC 35361 b






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    AN ACT concerning criminal 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 Criminal Code of 1961 is amended  by changing 
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Section 9-3 as follows:
 



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    (720 ILCS 5/9-3)  (from Ch. 38, par. 9-3)



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    Sec. 9-3. Involuntary Manslaughter and Reckless Homicide. 

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    (a) A person who unintentionally kills an individual 
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without lawful
justification commits involuntary manslaughter 
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if his acts whether lawful
or unlawful which cause the death 
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are such as are likely to cause death or
great bodily harm to 
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some individual, and he performs them recklessly,
except in 
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cases in which the cause of the death consists of the driving 
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of
a motor vehicle or operating a snowmobile, all-terrain 
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vehicle, or watercraft,
in which case the person commits 
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reckless homicide. A person commits reckless homicide if he or 
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she unintentionally kills an individual while driving a vehicle 
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and using an incline in a roadway, such as a railroad crossing, 
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bridge
approach, or hill, to cause the vehicle to become 
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airborne.


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    (a-5) In cases involving reckless homicide, the 
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defendant's  driving of a motor vehicle or operating a 
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snowmobile, all-terrain vehicle, or watercraft at an excessive 
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rate of speed may be the sole evidence of a reckless act.

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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-5) (Blank).

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    (e-7) Except as otherwise provided in subsection (e-8), in 
 


 






HB0767
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LRB094 05318 RLC 35361 b




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cases involving
reckless homicide in which the defendant was

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driving in a construction or maintenance zone, as defined in 
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Section 11-605
of the Illinois Vehicle Code,
the penalty is a 
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Class 2 felony, for which a
person, if sentenced to a term of 
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imprisonment, shall be sentenced to a term of
not less than 3 
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years and not more than 14 years.

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    (e-8) In cases involving reckless homicide in which the 
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defendant was
driving in a construction or maintenance zone, as 
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defined in Section 11-605
of the Illinois Vehicle Code, and 
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caused the deaths of 2 or more persons as
part of a single 
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course of conduct,
the penalty is a Class 2 felony, for which a

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person, if sentenced to a term of imprisonment, shall be 
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sentenced to a term of
not less than 6 years and not more than 
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28 years.

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    (e-9) In cases involving reckless homicide in which the 
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defendant drove a vehicle and used an incline in a roadway, 
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such as a railroad crossing, bridge
approach, or hill, to cause 
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the vehicle to become airborne, and caused the deaths of 2 or 
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more persons as
part of a single course of conduct,
the penalty 
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is a Class 2 felony.

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    (f) In cases involving involuntary manslaughter in which 
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the victim was a
family or household member as defined in 
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paragraph (3) of Section 112A-3 of the
Code of
Criminal 
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Procedure of 1963, the penalty shall be a Class 2 felony, for 
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which a
person if sentenced to a term of imprisonment, shall be 
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sentenced to a term of
not less than 3 years and not more than 
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14 years.

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(Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, 
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eff. 7-18-03; 93-682, eff. 1-1-05.)