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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0796
Introduced 02/02/05, by Rep. Robert S. Molaro SYNOPSIS AS INTRODUCED:
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Amends the Criminal Code of 1961. Creates the offense of vehicular homicide. Provides that a person commits the offense if he or she unintentionally kills an individual or an unborn child while operating or in actual physical control of a motor vehicle, motorcycle, snowmobile or watercraft, if the death is the proximate result of committing a violation of the Illinois Vehicle Code, Boat Registration and Safety Act, Wildlife Code, Fish and Aquatic Life Code, or Snowmobile Registration and Safety Act. Provides that a violation is a Class A misdemeanor. Provides that if either the driver or operator is not legally empowered to be driving or operating the vehicle, motorcycle, snowmobile, or watercraft or if the vehicle, motorcycle, snowmobile, or watercraft is operated illegally, the penalty is a Class 4 felony. Provides that a second or subsequent conviction is a Class 4 felony. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0796 |
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LRB094 03655 RLC 33660 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by adding |
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| Section 9-3.4 as follows:
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| (720 ILCS 5/9-3.4 new) |
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| Sec. 9-3.4. Vehicular homicide. |
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| (a) A person who unintentionally kills an individual or an |
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| unborn child while operating or in actual physical control of a |
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| motor vehicle, motorcycle, snowmobile, or watercraft commits |
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| vehicular homicide if the death is the proximate result of |
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| committing a violation of the Illinois Vehicle Code, Boat |
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| Registration and Safety Act, Wildlife Code, Fish and Aquatic |
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| Life Code, or Snowmobile Registration and Safety Act. |
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| (b) Sentence. |
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| (1) A person convicted of a violation of subsection (a) |
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| of this Section is guilty of a Class A misdemeanor except |
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| as otherwise provided in this Section. |
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| (2) A person convicted of a violation of subsection (a) |
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| of this Section who is operating or in actual physical |
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| control of a vehicle, motorcycle, snowmobile, or |
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| watercraft if either the driver or operator is not legally |
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| empowered to be driving or operating the vehicle, |
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| motorcycle, snowmobile, or watercraft or if the vehicle, |
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| motorcycle, snowmobile, or watercraft is operated |
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| illegally is guilty of a Class 4 felony. |
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| (3) A second or subsequent conviction of subsection (a) |
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| of this Section is a Class 4 felony.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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