Illinois General Assembly

Previous General Assemblies

Public Act 095-0467


 

Public Act 0467 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0467
 
HB0508 Enrolled LRB095 04052 DRH 24090 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Section 11-503 as follows:
 
    (625 ILCS 5/11-503)  (from Ch. 95 1/2, par. 11-503)
    Sec. 11-503. Reckless driving; aggravated reckless
driving.
    (a) A person commits reckless driving if he or she:
        (1) drives any vehicle with a willful or wanton
    disregard for the safety of persons or property; or
        (2) knowingly drives a vehicle and uses an incline in a
    roadway, such as a railroad crossing, bridge approach, or
    hill, to cause the vehicle to become airborne.
    (b) Every person convicted of reckless driving shall be
guilty of a Class A misdemeanor, except as provided under
subsections (b-1), (c), and (d) subsection (c) of this Section.
    (b-1) Except as provided in subsection (d), any person
convicted of violating subsection (a), if the violation causes
bodily harm to a child or a school crossing guard while the
school crossing guard is performing his or her official duties,
is guilty of a Class 4 felony.
    (c) Every person convicted of committing a violation of
subsection (a) shall be guilty of aggravated reckless driving
if the violation results in great bodily harm or permanent
disability or disfigurement to another. Except as provided in
subsection (d) of this Section, aggravated Aggravated reckless
driving is a Class 4 felony.
    (d) Any person convicted of violating subsection (a), if
the violation causes great bodily harm or permanent disability
or disfigurement to a child or a school crossing guard while
the school crossing guard is performing his or her official
duties, is guilty of aggravated reckless driving. Aggravated
reckless driving under this subsection (d) is a Class 3 felony.
(Source: P.A. 93-682, eff. 1-1-05.)
 
    Section 10. The Criminal Code of 1961 is amended by
changing Section 9-3 as follows:
 
    (720 ILCS 5/9-3)  (from Ch. 38, par. 9-3)
    Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
    (a) A person who unintentionally kills an individual
without lawful justification commits involuntary manslaughter
if his acts whether lawful or unlawful which cause the death
are such as are likely to cause death or great bodily harm to
some individual, and he performs them recklessly, except in
cases in which the cause of the death consists of the driving
of a motor vehicle or operating a snowmobile, all-terrain
vehicle, or watercraft, in which case the person commits
reckless homicide. A person commits reckless homicide if he or
she unintentionally kills an individual while driving a vehicle
and using an incline in a roadway, such as a railroad crossing,
bridge approach, or hill, to cause the vehicle to become
airborne.
    (b) (Blank).
    (c) (Blank).
    (d) Sentence.
        (1) Involuntary manslaughter is a Class 3 felony.
        (2) Reckless homicide is a Class 3 felony.
    (e) (Blank).
    (e-2) Except as provided in subsection (e-3), in cases
involving reckless homicide in which the offense is committed
upon a public thoroughfare where children pass going to and
from school when a school crossing guard is performing official
duties, the penalty is a Class 2 felony, for which a person, if
sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 3 years and not more than 14 years.
    (e-3) In cases involving reckless homicide in which (i) the
offense is committed upon a public thoroughfare where children
pass going to and from school when a school crossing guard is
performing official duties and (ii) the defendant causes the
deaths of 2 or more persons as part of a single course of
conduct, the penalty is a Class 2 felony, for which a person,
if sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 6 years and not more than 28 years.
    (e-5) (Blank).
    (e-7) Except as otherwise provided in subsection (e-8), in
cases involving reckless homicide in which the defendant was
driving in a construction or maintenance zone, as defined in
Section 11-605 of the Illinois Vehicle Code, the penalty is a
Class 2 felony, for which a person, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 3
years and not more than 14 years.
    (e-8) In cases involving reckless homicide in which the
defendant was driving in a construction or maintenance zone, as
defined in Section 11-605 of the Illinois Vehicle Code, and
caused the deaths of 2 or more persons as part of a single
course of conduct, the penalty is a Class 2 felony, for which a
person, if sentenced to a term of imprisonment, shall be
sentenced to a term of not less than 6 years and not more than
28 years.
    (e-9) In cases involving reckless homicide in which the
defendant drove a vehicle and used an incline in a roadway,
such as a railroad crossing, bridge approach, or hill, to cause
the vehicle to become airborne, and caused the deaths of 2 or
more persons as part of a single course of conduct, the penalty
is a Class 2 felony.
    (f) In cases involving involuntary manslaughter in which
the victim was a family or household member as defined in
paragraph (3) of Section 112A-3 of the Code of Criminal
Procedure of 1963, the penalty shall be a Class 2 felony, for
which a person if sentenced to a term of imprisonment, shall be
sentenced to a term of not less than 3 years and not more than
14 years.
(Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213,
eff. 7-18-03; 93-682, eff. 1-1-05.)

Effective Date: 6/1/2008