HB0073ham001 96TH GENERAL ASSEMBLY

Vehicles & Safety Committee

Filed: 2/19/2009

09600HB0073ham001 LRB096 03777 RLC 21157 a

AMENDMENT TO HOUSE BILL 73

AMENDMENT NO. ______. Amend House Bill 73 by replacing everything after the enacting clause with the following:

"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.".