State of Illinois
90th General Assembly
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90_HB0859

      720 ILCS 5/9-3            from Ch. 38, par. 9-3
          Amends the Criminal Code of 1961. Provides that when  the
      victim  of involuntary manslaughter is a child under 13 years
      or  an  institutionalized  severely  or  profoundly  mentally
      retarded person, the offense is  involuntary  homicide  of  a
      child.  Penalty  is a Class 2 felony for which the person may
      be sentenced to not less than 3 years and not  more  than  20
      years imprisonment.
                                                     LRB9002581RCcc
                                               LRB9002581RCcc
 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 9-3.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Criminal  Code  of  1961  is amended by
 6    changing Section 9-3 as follows:
 7        (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
 8        Sec.  9-3.    Involuntary   Manslaughter   and   Reckless
 9    Homicide.
10        (a)  A  person  who  unintentionally  kills an individual
11    without lawful justification commits involuntary manslaughter
12    if his acts whether lawful or unlawful which cause the  death
13    are such as are likely to cause death or great bodily harm to
14    some  individual,  and he performs them recklessly, except in
15    cases in which: (1) the victim is a child under the age of 13
16    or  an  institutionalized  severely  or  profoundly  mentally
17    retarded person, in which case the person commits involuntary
18    homicide of a child; or (2) the cause of the  death  consists
19    of  the  driving of a motor vehicle, in which case the person
20    commits reckless homicide.
21        (b)  In cases involving reckless  homicide,  being  under
22    the  influence  of  alcohol or any other drug or drugs at the
23    time of  the  alleged  violation  shall  be  presumed  to  be
24    evidence  of  a  reckless act unless disproved by evidence to
25    the contrary.
26        (c)  For the purposes of this Section, a person shall  be
27    considered  to  be  under  the  influence of alcohol or other
28    drugs while:
29             1.  The alcohol concentration in the person's  blood
30        or  breath  is  0.10  or  more based on the definition of
31        blood  and  breath  units  in  Section  11-501.2  of  the
                            -2-                LRB9002581RCcc
 1        Illinois Vehicle Code;
 2             2.  Under the influence of alcohol to a degree  that
 3        renders the person incapable of safely driving;
 4             3.  Under   the  influence  of  any  other  drug  or
 5        combination of drugs to a degree that renders the  person
 6        incapable of safely driving; or
 7             4.  Under  the combined influence of alcohol and any
 8        other drug or drugs to a degree which renders the  person
 9        incapable of safely driving.
10        (d)  Sentence.
11             (1)  Involuntary manslaughter is a Class 3 felony.
12             (2)  Involuntary  homicide  of  a child is a Class 2
13        felony for which the person, if sentenced to  a  term  of
14        imprisonment,  shall  be  sentenced to a term of not less
15        than 3 years and not more than 20 years.
16             (3) (2)  Reckless  homicide  is  a  Class  3  felony
17        except  that  .  (e) in cases involving reckless homicide
18        in which the defendant was determined to have been  under
19        the influence of alcohol or any other drug or drugs as an
20        element  of  the  offense,  or  in  cases  in  which  the
21        defendant  is  proven  beyond  a reasonable doubt to have
22        been under the influence of alcohol or any other drug  or
23        drugs, the penalty shall be a Class 2 felony, for which a
24        person,  if sentenced to a term of imprisonment, shall be
25        sentenced to a term of not less than 3 years and not more
26        than 14 years.
27    (Source: P.A. 86-1317; 87-274; 87-1198.)

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