Full Text of HB6885 93rd General Assembly
HB6885 93RD GENERAL ASSEMBLY
|
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6885
Introduced 02/09/04, by John J. Millner SYNOPSIS AS INTRODUCED:
|
|
720 ILCS 5/9-3 |
from Ch. 38, par. 9-3 |
|
Amends the Criminal Code of 1961. Provides that in cases of involuntary manslaughter when the victim was 12 years of age or younger, the penalty is a Class 2 felony for which the defendant may be sentenced to a term of imprisonment of not less than 3 years and not more than 14 years.
|
| |
|
|
| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
|
|
|
A BILL FOR
|
|
|
|
|
HB6885 |
|
LRB093 18448 RLC 44159 b |
|
| | 1 |
| AN ACT concerning criminal law.
| | 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 changing | | 5 |
| Section 9-3 as follows:
| | 6 |
| (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
| | 7 |
| (Text of Section before amendment by P.A. 93-178)
| | 8 |
| Sec. 9-3. Involuntary Manslaughter and Reckless 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) (Blank).
| | 19 |
| (c) (Blank).
| | 20 |
| (d) Sentence.
| | 21 |
| (1) Involuntary manslaughter is a Class 3 felony.
| | 22 |
| (2) Reckless homicide is a Class 3 felony.
| | 23 |
| (e) (Blank).
| | 24 |
| (e-5) (Blank).
| | 25 |
| (f) In cases involving involuntary manslaughter in which | | 26 |
| the victim was a
family or household member as defined in | | 27 |
| paragraph (3) of Section 112A-3 of the
Code of
Criminal | | 28 |
| Procedure of 1963, the penalty shall be a Class 2 felony, for | | 29 |
| which a
person if sentenced to a term of imprisonment, shall be | | 30 |
| sentenced to a term of
not less than 3 years and not more than | | 31 |
| 14 years.
| | 32 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-213, eff. 7-18-03.)
|
|
|
|
HB6885 |
- 2 - |
LRB093 18448 RLC 44159 b |
|
| | 1 |
| (Text of Section after amendment by P.A. 93-178)
| | 2 |
| Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
| | 3 |
| (a) A person who unintentionally kills an individual | | 4 |
| without lawful
justification commits involuntary manslaughter | | 5 |
| if his acts whether lawful
or unlawful which cause the death | | 6 |
| are such as are likely to cause death or
great bodily harm to | | 7 |
| some individual, and he performs them recklessly,
except in | | 8 |
| cases in which the cause of the death consists of the driving | | 9 |
| of
a motor vehicle or operating a snowmobile, all-terrain | | 10 |
| vehicle, or watercraft,
in which case the person commits | | 11 |
| reckless homicide.
| | 12 |
| (b) (Blank).
| | 13 |
| (c) (Blank).
| | 14 |
| (d) Sentence.
| | 15 |
| (1) Involuntary manslaughter is a Class 3 felony.
| | 16 |
| (2) Reckless homicide is a Class 3 felony.
| | 17 |
| (e) (Blank). subsections, (e-7), and (e-8)
| | 18 |
| (e-5) (Blank).
| | 19 |
| (e-7) Except as otherwise provided in subsection (e-8), in | | 20 |
| cases involving
reckless homicide in which the defendant was
| | 21 |
| driving in a construction or maintenance zone, as defined in | | 22 |
| Section 11-605
of the Illinois Vehicle Code,
the penalty is a | | 23 |
| Class 2 felony, for which a
person, if sentenced to a term of | | 24 |
| imprisonment, shall be sentenced to a term of
not less than 3 | | 25 |
| years and not more than 14 years.
| | 26 |
| (e-8) In cases involving reckless homicide in which the | | 27 |
| defendant was
driving in a construction or maintenance zone, as | | 28 |
| defined in Section 11-605
of the Illinois Vehicle Code, and | | 29 |
| caused the deaths of 2 or more persons as
part of a single | | 30 |
| course of conduct,
the penalty is a Class 2 felony, for which a
| | 31 |
| person, if sentenced to a term of imprisonment, shall be | | 32 |
| sentenced to a term of
not less than 6 years and not more than | | 33 |
| 28 years.
| | 34 |
| (f) In cases involving involuntary manslaughter in which | | 35 |
| the victim was: (1) a
family or household member as defined in |
|
|
|
HB6885 |
- 3 - |
LRB093 18448 RLC 44159 b |
|
| | 1 |
| paragraph (3) of Section 112A-3 of the
Code of
Criminal | | 2 |
| Procedure of 1963 or (2) 12 years of age or younger, the | | 3 |
| penalty shall be a Class 2 felony, for which a
person if | | 4 |
| sentenced to a term of imprisonment, shall be sentenced to a | | 5 |
| term of
not less than 3 years and not more than 14 years.
| | 6 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, | | 7 |
| eff.
7-18-03; revised 7-28-03.)
|
|
Translate
