103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2808

 

Introduced 1/17/2024, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/9-3  from Ch. 38, par. 9-3

    Amends the Criminal Code of 2012. Provides that, with certain exceptions in cases of reckless homicide involving the death of 2 or more persons as part of a single course of conduct, in cases involving reckless homicide in which the defendant: (1) was driving at a speed of more than 20 miles per hour in excess of the posted speed limit or (2) failed or refused to comply with a traffic control aide or device engaged in traffic control, 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. Provides that in cases involving reckless homicide in which the offense was committed as a result of the defendant driving while the defendant's driver's license, permit, or privilege to operate a motor vehicle was suspended or revoked and the defendant caused the deaths of 2 or more persons as part of a single course of conduct, the penalty for reckless homicide 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.


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A BILL FOR

 

SB2808LRB103 33829 RLC 63644 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing 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 Homicide.
8    (a) A person who unintentionally kills an individual
9without lawful justification commits involuntary manslaughter
10if his acts whether lawful or unlawful which cause the death
11are such as are likely to cause death or great bodily harm to
12some individual, and he performs them recklessly, except in
13cases in which the cause of the death consists of the driving
14of a motor vehicle or operating a snowmobile, all-terrain
15vehicle, or watercraft, in which case the person commits
16reckless homicide. A person commits reckless homicide if he or
17she unintentionally kills an individual while driving a
18vehicle and using an incline in a roadway, such as a railroad
19crossing, bridge approach, or hill, to cause the vehicle to
20become airborne.
21    (b) (Blank).
22    (c) (Blank).
23    (d) Sentence.

 

 

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1        (1) Involuntary manslaughter is a Class 3 felony.
2        (2) Reckless homicide is a Class 3 felony.
3    (e) (Blank).
4    (e-2) Except as provided in subsection (e-3), in cases
5involving reckless homicide in which the offense is committed
6upon a public thoroughfare where children pass going to and
7from school when a school crossing guard is performing
8official duties, the penalty is a Class 2 felony, for which a
9person, if sentenced to a term of imprisonment, shall be
10sentenced to a term of not less than 3 years and not more than
1114 years.
12    (e-3) In cases involving reckless homicide in which (i)
13the offense is committed upon a public thoroughfare where
14children pass going to and from school when a school crossing
15guard is performing official duties and (ii) the defendant
16causes the deaths of 2 or more persons as part of a single
17course of conduct, the penalty is a Class 2 felony, for which a
18person, if sentenced to a term of imprisonment, shall be
19sentenced to a term of not less than 6 years and not more than
2028 years.
21    (e-5) (Blank).
22    (e-7) Except as otherwise provided in subsection (e-8), in
23cases involving reckless homicide in which the defendant: (1)
24was driving in a construction or maintenance zone, as defined
25in Section 11-605.1 of the Illinois Vehicle Code, or (2) was
26operating a vehicle while failing or refusing to comply with

 

 

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1any lawful order or direction of any authorized police officer
2or traffic control aide engaged in traffic control, (3) was
3driving at a speed of more than 20 miles per hour in excess of
4the posted speed limit, or (4) failed or refused to comply with
5a traffic control aide or device engaged in traffic control,
6the penalty is a Class 2 felony, for which a person, if
7sentenced to a term of imprisonment, shall be sentenced to a
8term of not less than 3 years and not more than 14 years.
9    (e-8) In cases involving reckless homicide in which the
10defendant caused the deaths of 2 or more persons as part of a
11single course of conduct and: (1) was driving in a
12construction or maintenance zone, as defined in Section
1311-605.1 of the Illinois Vehicle Code, or (2) was operating a
14vehicle while failing or refusing to comply with any lawful
15order or direction of any authorized police officer or traffic
16control aide engaged in traffic control, the penalty is a
17Class 2 felony, for which a person, if sentenced to a term of
18imprisonment, shall be sentenced to a term of not less than 6
19years and not more than 28 years.
20    (e-9) In cases involving reckless homicide in which the
21defendant drove a vehicle and used an incline in a roadway,
22such as a railroad crossing, bridge approach, or hill, to
23cause the vehicle to become airborne, and caused the deaths of
242 or more persons as part of a single course of conduct, the
25penalty is a Class 2 felony.
26    (e-10) In cases involving involuntary manslaughter or

 

 

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1reckless homicide resulting in the death of a peace officer
2killed in the performance of his or her duties as a peace
3officer, the penalty is a Class 2 felony.
4    (e-11) In cases involving reckless homicide in which the
5defendant unintentionally kills an individual while driving in
6a posted school zone, as defined in Section 11-605 of the
7Illinois Vehicle Code, while children are present or in a
8construction or maintenance zone, as defined in Section
911-605.1 of the Illinois Vehicle Code, when construction or
10maintenance workers are present the trier of fact may infer
11that the defendant's actions were performed recklessly where
12he or she was also either driving at a speed of more than 20
13miles per hour in excess of the posted speed limit or violating
14Section 11-501 of the Illinois Vehicle Code.
15    (e-12) Except as otherwise provided in subsection (e-13),
16in cases involving reckless homicide in which the offense was
17committed as result of a violation of subsection (c) of
18Section 11-907 of the Illinois Vehicle Code, the penalty is a
19Class 2 felony, for which a person, if sentenced to a term of
20imprisonment, shall be sentenced to a term of not less than 3
21years and not more than 14 years.
22    (e-13) In cases involving reckless homicide in which the
23offense was committed as result of a violation of subsection
24(c) of Section 11-907 of the Illinois Vehicle Code and the
25defendant caused the deaths of 2 or more persons as part of a
26single course of conduct, the penalty is a Class 2 felony, for

 

 

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1which a person, if sentenced to a term of imprisonment, shall
2be sentenced to a term of not less than 6 years and not more
3than 28 years.
4    (e-14) In cases involving reckless homicide in which the
5defendant unintentionally kills an individual, the trier of
6fact may infer that the defendant's actions were performed
7recklessly where he or she was also violating subsection (c)
8of Section 11-907 of the Illinois Vehicle Code. The penalty
9for a reckless homicide in which the driver also violated
10subsection (c) of Section 11-907 of the Illinois Vehicle Code
11is a Class 2 felony, for which a person, if sentenced to a term
12of imprisonment, shall be sentenced to a term of not less than
133 years and not more than 14 years.
14    (e-15) In cases involving reckless homicide in which the
15defendant was operating a vehicle while failing or refusing to
16comply with subsection (c) of Section 11-907 of the Illinois
17Vehicle Code resulting in the death of a firefighter or
18emergency medical services personnel in the performance of his
19or her official duties, the penalty is a Class 2 felony.
20    (e-16) In cases involving reckless homicide in which the
21offense was committed as a result of a violation of Section
226-303 of the Illinois Vehicle Code and the defendant caused
23the deaths of 2 or more persons as part of a single course of
24conduct, the penalty is a Class 2 felony, for which a person,
25if sentenced to a term of imprisonment, shall be sentenced to a
26term of not less than 6 years and not more than 28 years.

 

 

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1    (f) In cases involving involuntary manslaughter in which
2the victim was a family or household member as defined in
3paragraph (3) of Section 112A-3 of the Code of Criminal
4Procedure of 1963, the penalty shall be a Class 2 felony, for
5which a person if sentenced to a term of imprisonment, shall be
6sentenced to a term of not less than 3 years and not more than
714 years.
8(Source: P.A. 101-173, eff. 1-1-20.)