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91_SB0739enr SB739 Enrolled LRB9105730RCdv 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 or operating a snowmobile, all-terrain 17 vehicle, or watercraft, in which case the person commits 18 reckless homicide. 19 (b) In cases involving reckless homicide, being under 20 the influence of alcohol or any other drug or drugs at the 21 time of the alleged violation shall be presumed to be 22 evidence of a reckless act unless disproved by evidence to 23 the contrary. 24 (c) For the purposes of this Section, a person shall be 25 considered to be under the influence of alcohol or other 26 drugs while: 27 1. The alcohol concentration in the person's blood 28 or breath is 0.08 or more based on the definition of 29 blood and breath units in Section 11-501.2 of the 30 Illinois Vehicle Code; 31 2. Under the influence of alcohol to a degree that SB739 Enrolled -2- LRB9105730RCdv 1 renders the person incapable of safely driving a motor 2 vehicle or operating a snowmobile, all-terrain vehicle, 3 or watercraft; 4 3. Under the influence of any other drug or 5 combination of drugs to a degree that renders the person 6 incapable of safely driving a motor vehicle or operating 7 a snowmobile, all-terrain vehicle, or watercraft; or 8 4. Under the combined influence of alcohol and any 9 other drug or drugs to a degree which renders the person 10 incapable of safely driving a motor vehicle or operating 11 a snowmobile, all-terrain vehicle, or watercraft. 12 (d) Sentence. 13 (1) Involuntary manslaughter is a Class 3 felony. 14 (2) Reckless homicide is a Class 3 felony. 15 (e) In cases involving reckless homicide in which the 16 defendant was determined to have been under the influence of 17 alcohol or any other drug or drugs as an element of the 18 offense, or in cases in which the defendant is proven beyond 19 a reasonable doubt to have been under the influence of 20 alcohol or any other drug or drugs, the penalty shall be a 21 Class 2 felony, for which a person, if sentenced to a term of 22 imprisonment, shall be sentenced to a term of not less than 3 23 years and not more than 14 years. 24 (f) In cases involving involuntary manslaughter in which 25 the victim was a family or household member as defined in 26 paragraph (3) of Section 112A-3 of the Code of Criminal 27 Procedure of 1963, the penalty shall be a Class 2 felony, for 28 which a person if sentenced to a term of imprisonment, shall 29 be sentenced to a term of not less than 3 years and not more 30 than 14 years. 31 (Source: P.A. 90-43, eff. 7-2-97; 90-119, eff. 1-1-98; 32 90-655, eff. 7-30-98.)