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Public Act 095-0587
Public Act 0587 95TH GENERAL ASSEMBLY
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Public Act 095-0587
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| SB0363 Enrolled |
LRB095 10479 RLC 30694 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. 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.
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| (1) Involuntary manslaughter is a Class 3 felony.
| (2) Reckless homicide is a Class 3 felony.
| (e) (Blank).
| (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 11-605.1
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 11-605.1
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.
| (e-10) In cases involving reckless homicide in which the |
| defendant unintentionally kills an individual while driving in | a posted school zone, as defined in Section 11-605 of the | Illinois Vehicle Code, while children are present or in a | construction or maintenance zone, as defined in Section | 11-605.1 of the Illinois Vehicle Code, when construction or | maintenance workers are present the trier of fact may infer | that the defendant's actions were performed recklessly where he | or she was also either driving at a speed of more than 20 miles | per hour in excess of the posted speed limit or violating | Section 11-501 of the Illinois Vehicle Code.
| (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.)
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Effective Date: 6/1/2008
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