093_HB0566ham001

 










                                     LRB093 05572 RLC 13867 a

 1                     AMENDMENT TO HOUSE BILL 566

 2        AMENDMENT NO.     .  Amend House Bill 566 as follows:
 3    by replacing everything after the enacting  clause  with  the
 4    following:

 5        "Section  5.  The  Criminal  Code  of  1961 is amended by
 6    adding Section 9-3.4 as follows:

 7        (720 ILCS 5/9-3.4 new)
 8        Sec. 9-3.4. Vehicular homicide.
 9        (a)  A person who unintentionally kills an individual  or
10    an unborn child while operating or in actual physical control
11    of  a  motor  vehicle,  motorcycle, snowmobile, or watercraft
12    commits vehicular homicide if:
13             (1) the death is the proximate result of  committing
14        a  violation  of  the  Illinois  Vehicle  Code,  the Boat
15        Registration and Safety Act, the Wildlife Code, the  Fish
16        and Aquatic Life Code, or the Snowmobile Registration and
17        Safety Act; or
18             (2)  the  motor  vehicle, motorcycle, snowmobile, or
19        watercraft is operated in a careless or negligent manner.
20        (b)  Sentence.
21             (1)  Vehicular homicide as defined in paragraph  (1)
22        of   subsection   (a)  of  this  Section  is  a  Class  A
 
                            -2-      LRB093 05572 RLC 13867 a
 1        misdemeanor.
 2             (2)  Vehicular homicide as defined in paragraph  (1)
 3        of  subsection  (a) of this Section committed by a person
 4        who was driving a motor vehicle or motorcycle  without  a
 5        valid   driver's   license   of   the   proper  type  and
 6        classification or a commercial driver's license,  if  the
 7        operation  of  the vehicle required a commercial driver's
 8        license, or committed by a person  who  is  found  to  be
 9        operating  a  motor  vehicle  not  covered by a liability
10        insurance policy in accordance with Section 7-601 of  the
11        Illinois Vehicle Code, is a Class 4 felony.
12             (3)  Vehicular  homicide as defined in paragraph (1)
13        of subsection (a) of this Section committed by  a  person
14        who  was  driving a motor vehicle or motorcycle without a
15        valid  driver's  license   of   the   proper   type   and
16        classification  or  a commercial driver's license, if the
17        operation of the vehicle required a  commercial  driver's
18        license,  or  committed  by  a  person who is found to be
19        operating a motor vehicle  not  covered  by  a  liability
20        insurance  policy in accordance with Section 7-601 of the
21        Illinois Vehicle Code, if paragraph (2) of subsection (a)
22        was an element of the offense, is a Class 3 felony.
23             (4)  A second or subsequent conviction for vehicular
24        homicide as defined in paragraph (1) of subsection (a) of
25        this Section is a Class X felony.".