98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2412

 

Introduced , by Rep. Jay Hoffman

 

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

    Amends the Criminal Code of 2012. Provides that in cases involving reckless homicide in which the defendant unintentionally kills an individual while driving in a posted school zone while children are present or in a construction or maintenance zone 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 violating the provisions prohibiting the use of wireless telephones in those zones. Effective immediately.


LRB098 08537 RLC 38649 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2412LRB098 08537 RLC 38649 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 changing
5Section 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 vehicle
18and using an incline in a roadway, such as a railroad crossing,
19bridge approach, or hill, to cause the vehicle to become
20airborne.
21    (b) (Blank).
22    (c) (Blank).
23    (d) Sentence.

 

 

HB2412- 2 -LRB098 08537 RLC 38649 b

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 official
8duties, the penalty is a Class 2 felony, for which a person, if
9sentenced to a term of imprisonment, shall be sentenced to a
10term of not less than 3 years and not more than 14 years.
11    (e-3) In cases involving reckless homicide in which (i) the
12offense is committed upon a public thoroughfare where children
13pass going to and from school when a school crossing guard is
14performing official duties and (ii) the defendant causes the
15deaths of 2 or more persons as part of a single course of
16conduct, the penalty is a Class 2 felony, for which a person,
17if sentenced to a term of imprisonment, shall be sentenced to a
18term of not less than 6 years and not more than 28 years.
19    (e-5) (Blank).
20    (e-7) Except as otherwise provided in subsection (e-8), in
21cases involving reckless homicide in which the defendant: (1)
22was driving in a construction or maintenance zone, as defined
23in Section 11-605.1 of the Illinois Vehicle Code, or (2) was
24operating a vehicle while failing or refusing to comply with
25any lawful order or direction of any authorized police officer
26or traffic control aide engaged in traffic control, the penalty

 

 

HB2412- 3 -LRB098 08537 RLC 38649 b

1is a Class 2 felony, for which a person, if sentenced to a term
2of imprisonment, shall be sentenced to a term of not less than
33 years and not more than 14 years.
4    (e-8) In cases involving reckless homicide in which the
5defendant caused the deaths of 2 or more persons as part of a
6single course of conduct and: (1) was driving in a construction
7or maintenance zone, as defined in Section 11-605.1 of the
8Illinois Vehicle Code, or (2) was operating a vehicle while
9failing or refusing to comply with any lawful order or
10direction of any authorized police officer or traffic control
11aide engaged in traffic control, the penalty is a Class 2
12felony, for which a person, if sentenced to a term of
13imprisonment, shall be sentenced to a term of not less than 6
14years and not more than 28 years.
15    (e-9) In cases involving reckless homicide in which the
16defendant drove a vehicle and used an incline in a roadway,
17such as a railroad crossing, bridge approach, or hill, to cause
18the vehicle to become airborne, and caused the deaths of 2 or
19more persons as part of a single course of conduct, the penalty
20is a Class 2 felony.
21    (e-10) In cases involving involuntary manslaughter or
22reckless homicide resulting in the death of a peace officer
23killed in the performance of his or her duties as a peace
24officer, the penalty is a Class 2 felony.
25    (e-11) In cases involving reckless homicide in which the
26defendant unintentionally kills an individual while driving in

 

 

HB2412- 4 -LRB098 08537 RLC 38649 b

1a posted school zone, as defined in Section 11-605 of the
2Illinois Vehicle Code, while children are present or in a
3construction or maintenance zone, as defined in Section
411-605.1 of the Illinois Vehicle Code, when construction or
5maintenance workers are present the trier of fact may infer
6that the defendant's actions were performed recklessly where he
7or she was also either driving at a speed of more than 20 miles
8per hour in excess of the posted speed limit or violating
9Section 11-501 of the Illinois Vehicle Code or violating
10Section 12-610.1 of the Illinois Vehicle Code.
11    (e-12) Except as otherwise provided in subsection (e-13),
12in cases involving reckless homicide in which the offense was
13committed as result of a violation of subsection (c) of Section
1411-907 of the Illinois Vehicle Code, the penalty is a Class 2
15felony, for which a person, if sentenced to a term of
16imprisonment, shall be sentenced to a term of not less than 3
17years and not more than 14 years.
18    (e-13) In cases involving reckless homicide in which the
19offense was committed as result of a violation of subsection
20(c) of Section 11-907 of the Illinois Vehicle Code and the
21defendant caused the deaths of 2 or more persons as part of a
22single course of conduct, the penalty is a Class 2 felony, for
23which a person, if sentenced to a term of imprisonment, shall
24be sentenced to a term of not less than 6 years and not more
25than 28 years.
26    (e-14) In cases involving reckless homicide in which the

 

 

HB2412- 5 -LRB098 08537 RLC 38649 b

1defendant unintentionally kills an individual, the trier of
2fact may infer that the defendant's actions were performed
3recklessly where he or she was also violating subsection (c) of
4Section 11-907 of the Illinois Vehicle Code. The penalty for a
5reckless homicide in which the driver also violated subsection
6(c) of Section 11-907 of the Illinois Vehicle Code is a Class 2
7felony, for which a person, if sentenced to a term of
8imprisonment, shall be sentenced to a term of not less than 3
9years and not more than 14 years.
10    (f) In cases involving involuntary manslaughter in which
11the victim was a family or household member as defined in
12paragraph (3) of Section 112A-3 of the Code of Criminal
13Procedure of 1963, the penalty shall be a Class 2 felony, for
14which a person if sentenced to a term of imprisonment, shall be
15sentenced to a term of not less than 3 years and not more than
1614 years.
17(Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587,
18eff. 6-1-08; 95-591, eff. 9-10-07; 95-803, eff. 1-1-09; 95-876,
19eff. 8-21-08; 95-884, eff. 1-1-09; 96-328, eff. 8-11-09.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.