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92_SB2236
LRB9215051RCpk
1 AN ACT in relation to 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
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 (a-5) A person who unintentionally kills an individual
19 without lawful justification commits involuntary manslaughter
20 if the acts that cause the death, whether lawful or unlawful,
21 are committed by a pedestrian on a public roadway, are such
22 as are likely to cause death or great bodily harm to some
23 individual, and are performed in a reckless manner.
24 (b) In cases involving reckless homicide, being under
25 the influence of alcohol or any other drug or drugs at the
26 time of the alleged violation shall be presumed to be
27 evidence of a reckless act unless disproved by evidence to
28 the contrary.
29 (c) For the purposes of this Section, a person shall be
30 considered to be under the influence of alcohol or other
31 drugs while:
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1 1. The alcohol concentration in the person's blood
2 or breath is 0.08 or more based on the definition of
3 blood and breath units in Section 11-501.2 of the
4 Illinois Vehicle Code;
5 2. Under the influence of alcohol to a degree that
6 renders the person incapable of safely driving a motor
7 vehicle or operating a snowmobile, all-terrain vehicle,
8 or watercraft;
9 3. Under the influence of any other drug or
10 combination of drugs to a degree that renders the person
11 incapable of safely driving a motor vehicle or operating
12 a snowmobile, all-terrain vehicle, or watercraft; or
13 4. Under the combined influence of alcohol and any
14 other drug or drugs to a degree which renders the person
15 incapable of safely driving a motor vehicle or operating
16 a snowmobile, all-terrain vehicle, or watercraft.
17 (d) Sentence.
18 (1) Involuntary manslaughter is a Class 3 felony.
19 (2) Reckless homicide is a Class 3 felony.
20 (e) Except as otherwise provided in subsection (e-5), in
21 cases involving reckless homicide in which the defendant was
22 determined to have been under the influence of alcohol or any
23 other drug or drugs as an element of the offense, or in cases
24 in which the defendant is proven beyond a reasonable doubt to
25 have been under the influence of alcohol or any other drug or
26 drugs, the penalty shall be a Class 2 felony, for which a
27 person, if sentenced to a term of imprisonment, shall be
28 sentenced to a term of not less than 3 years and not more
29 than 14 years.
30 (e-5) In cases involving reckless homicide in which the
31 defendant was determined to have been under the influence of
32 alcohol or any other drug or drugs as an element of the
33 offense, or in cases in which the defendant is proven beyond
34 a reasonable doubt to have been under the influence of
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1 alcohol or any other drug or drugs, if the defendant kills 2
2 or more individuals as part of a single course of conduct,
3 the penalty is 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 6 years and not more than 28 years.
6 (f) In cases involving involuntary manslaughter in which
7 the victim was a family or household member as defined in
8 paragraph (3) of Section 112A-3 of the Code of Criminal
9 Procedure of 1963, the penalty shall be a Class 2 felony, for
10 which a person if sentenced to a term of imprisonment, shall
11 be sentenced to a term of not less than 3 years and not more
12 than 14 years.
13 (Source: P.A. 91-6, eff. 1-1-00; 91-122, eff. 1-1-00; 92-16,
14 eff. 6-28-01.)