HB4738 95TH GENERAL ASSEMBLY

LRB095 15226 DRH 41207 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4738

Introduced , by Rep. William B. Black

SYNOPSIS AS INTRODUCED:

720 ILCS 5/9-3.4 new

Amends the Criminal Code of 1961. Creates the offense of negligent vehicular homicide, a Class A misdemeanor. Provides that a person commits the offense if the person's negligent operation of a motor vehicle is a proximate cause of the death of another person. Provides that a person acts negligently within the meaning of the provision if he or she fails to be aware of a substantial and unjustifiable risk of death or injury to others, and that failure constitutes a substantial deviation from the standard of care which a reasonable person would exercise under the circumstances then prevailing. Provides that the finder of fact may consider statutes and ordinances regulating the defendant's conduct in determining whether he or she was culpably negligent.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 adding Section 9-3.4 as follows:

(720 ILCS 5/9-3.4 new)

Sec. 9-3.4. Negligent vehicular homicide.

(a) A person commits the offense of negligent vehicular homicide if the person's negligent operation of a motor vehicle is a proximate cause of the death of another person.

(b) A person acts negligently within the meaning of this Section if he or she fails to be aware of a substantial and unjustifiable risk of death or injury to others, and that failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise under the circumstances then prevailing.

(c) The finder of fact may consider statutes and ordinances regulating the defendant's conduct in determining whether he or she was culpably negligent under subsection (a).

(d) Negligent vehicular homicide is a Class A misdemeanor.