State of Illinois
91st General Assembly
Legislation

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91_HB1763eng

 
HB1763 Engrossed                               LRB9105513RCpr

 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 9-3.

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

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

 7        (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
 8        Sec.  9-3.    Involuntary   Manslaughter   and   Reckless
 9    Homicide.
10        (a)  A  person  who  unintentionally  kills an individual
11    without lawful justification commits involuntary manslaughter
12    if his acts whether lawful or unlawful which cause the  death
13    are such as are likely to cause death or great bodily harm to
14    some  individual,  and he performs them recklessly, except in
15    cases in which the cause of the death consists of the driving
16    of a motor vehicle, in which case the person commits reckless
17    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;
 
HB1763 Engrossed            -2-                LRB9105513RCpr
 1             3.  Under   the  influence  of  any  other  drug  or
 2        combination of drugs to a degree that renders the  person
 3        incapable of safely driving; or
 4             4.  Under  the combined influence of alcohol and any
 5        other drug or drugs to a degree which renders the  person
 6        incapable of safely driving.
 7        (d)  Sentence.
 8             (1)  Involuntary manslaughter is a Class 3 felony.
 9             (2)  Reckless homicide is a Class 3 felony.
10        (e)  In  cases  involving  reckless homicide in which the
11    defendant was determined to have been under the influence  of
12    alcohol  or  any  other  drug  or  drugs as an element of the
13    offense, or in cases in which the defendant is proven  beyond
14    a  reasonable  doubt  to  have  been  under  the influence of
15    alcohol or any other drug or drugs, the penalty  shall  be  a
16    Class 2 felony, for which a person, if sentenced to a term of
17    imprisonment, shall be sentenced to a term of not less than 3
18    years and not more than 14 years.
19        (f)  In cases involving involuntary manslaughter in which
20    the  victim  was  a  family or household member as defined in
21    paragraph (3) of Section  112A-3  of  the  Code  of  Criminal
22    Procedure of 1963, the penalty shall be a Class 2 felony, for
23    which  a person if sentenced to a term of imprisonment, shall
24    be sentenced to a term of not less than 3 years and not  more
25    than 14 years.
26        (g)  In  cases  involving  reckless homicide in which the
27    defendant was determined to have been under the influence  of
28    alcohol  or  any  other  drug  or  drugs as an element of the
29    offense, or in cases in which the defendant is proven  beyond
30    a  reasonable  doubt  to  have  been  under  the influence of
31    alcohol or any other drug or drugs and the defendant has been
32    convicted of causing the death of more than  one  individual,
33    the penalty is a Class X felony.
34    (Source: P.A.   90-43,  eff.  7-2-97;  90-119,  eff.  1-1-98;
 
HB1763 Engrossed            -3-                LRB9105513RCpr
 1    90-655, eff. 7-30-98.)

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