093_HB3215enr

 
HB3215 Enrolled                      LRB093 07803 DRH 07992 b

 1        AN ACT in relation to vehicular offenses.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Criminal  Code  of  1961  is  amended  by
 5    changing Section 9-3 as follows:

 6        (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
 7        Sec.   9-3.    Involuntary   Manslaughter   and  Reckless
 8    Homicide.
 9        (a)  A person who  unintentionally  kills  an  individual
10    without lawful justification commits involuntary manslaughter
11    if  his acts whether lawful or unlawful which cause the death
12    are such as are likely to cause death or great bodily harm to
13    some individual, and he performs them recklessly,  except  in
14    cases in which the cause of the death consists of the driving
15    of  a  motor  vehicle  or operating a snowmobile, all-terrain
16    vehicle, or watercraft, in  which  case  the  person  commits
17    reckless homicide.
18        (b)  In  cases  involving  reckless homicide, being under
19    the influence of alcohol or any other drug or  drugs  at  the
20    time  of  the  alleged  violation  shall  be  presumed  to be
21    evidence of a reckless act unless disproved  by  evidence  to
22    the contrary.
23        (c)  For  the purposes of this Section, a person shall be
24    considered to be under the  influence  of  alcohol  or  other
25    drugs while:
26             1.  The  alcohol concentration in the person's blood
27        or breath is 0.08 or more  based  on  the  definition  of
28        blood  and  breath  units  in  Section  11-501.2  of  the
29        Illinois Vehicle Code;
30             2.  Under  the influence of alcohol to a degree that
31        renders the person incapable of safely  driving  a  motor
 
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 1        vehicle  or  operating a snowmobile, all-terrain vehicle,
 2        or watercraft;
 3             3.  Under  the  influence  of  any  other  drug   or
 4        combination  of drugs to a degree that renders the person
 5        incapable of safely driving a motor vehicle or  operating
 6        a snowmobile, all-terrain vehicle, or watercraft; or
 7             4.  Under  the combined influence of alcohol and any
 8        other drug or drugs to a degree which renders the  person
 9        incapable  of safely driving a motor vehicle or operating
10        a snowmobile, all-terrain vehicle, or watercraft.
11        (d)  Sentence.
12             (1)  Involuntary manslaughter is a Class 3 felony.
13             (2)  Reckless homicide is a Class 3 felony.
14        (e)  Except  as   otherwise   provided   in   subsections
15    subsection  (e-5),  (e-7),  and  (e-8),  in  cases  involving
16    reckless  homicide  in  which the defendant was determined to
17    have been under the influence of alcohol or any other drug or
18    drugs as an element of the offense, or in cases in which  the
19    defendant  is  proven  beyond a reasonable doubt to have been
20    under the influence of alcohol or any other  drug  or  drugs,
21    the penalty shall be a Class 2 felony, for which a person, if
22    sentenced  to a term of imprisonment, shall be sentenced to a
23    term of not less than 3 years and not more than 14 years.
24        (e-5)  In cases involving reckless homicide in which  the
25    defendant  was determined to have been under the influence of
26    alcohol or any other drug or  drugs  as  an  element  of  the
27    offense,  or in cases in which the defendant is proven beyond
28    a reasonable doubt  to  have  been  under  the  influence  of
29    alcohol  or any other drug or drugs, if the defendant kills 2
30    or more individuals as part of a single  course  of  conduct,
31    the  penalty  is  a  Class  2  felony, for which a person, if
32    sentenced to a term of imprisonment, shall be sentenced to  a
33    term of not less than 6 years and not more than 28 years.
34        (e-7)  Except  as otherwise provided in subsection (e-8),
 
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 1    in cases involving reckless homicide in which  the  defendant
 2    was driving in a construction or maintenance zone, as defined
 3    in  Section  11-605 of the Illinois Vehicle Code, the penalty
 4    is a Class 2 felony, for which a person, if  sentenced  to  a
 5    term  of  imprisonment,  shall  be sentenced to a term of not
 6    less than 3 years and not more than 14 years.
 7        (e-8)  In cases involving reckless homicide in which  the
 8    defendant  was driving in a construction or maintenance zone,
 9    as defined in Section 11-605 of the  Illinois  Vehicle  Code,
10    and  caused  the  deaths  of  2  or more persons as part of a
11    single course of conduct, the penalty is a  Class  2  felony,
12    for  which  a person, if sentenced to a term of imprisonment,
13    shall be sentenced to a term of not less than 6 years and not
14    more than 28 years.
15        (f)  In cases involving involuntary manslaughter in which
16    the victim was a family or household  member  as  defined  in
17    paragraph  (3)  of  Section  112A-3  of  the Code of Criminal
18    Procedure of 1963, the penalty shall be a Class 2 felony, for
19    which a person if sentenced to a term of imprisonment,  shall
20    be  sentenced to a term of not less than 3 years and not more
21    than 14 years.
22    (Source: P.A. 91-6, eff. 1-1-00; 91-122, eff. 1-1-00;  92-16,
23    eff. 6-28-01.)