State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]

91_HB0881eng

 
HB0881 Engrossed                               LRB9103131RCks

 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 the cause of the death consists of the driving
16    of a motor vehicle, in which case the person commits reckless
17    homicide.
18        (b)  In  cases  involving  reckless homicide, being under
19    the influence of alcohol or any other drug or  drugs  at  the
20    time  of  the  alleged  violation  shall  be  presumed  to be
21    evidence of a reckless act unless disproved  by  evidence  to
22    the contrary.
23        (b-5)  In cases involving reckless homicide, operation of
24    a  motor  vehicle that results in a collision with a railroad
25    train or a violation  of  Section  11-1201  of  the  Illinois
26    Vehicle  Code  shall be presumed to be evidence of a reckless
27    act unless disproved by evidence to the contrary.
28        (c)  For the purposes of this Section, a person shall  be
29    considered  to  be  under  the  influence of alcohol or other
30    drugs while:
31             1.  The alcohol concentration in the person's  blood
 
HB0881 Engrossed            -2-                LRB9103131RCks
 1        or  breath  is  0.08  or  more based on the definition of
 2        blood  and  breath  units  in  Section  11-501.2  of  the
 3        Illinois Vehicle Code;
 4             2.  Under the influence of alcohol to a degree  that
 5        renders the person incapable of safely driving;
 6             3.  Under   the  influence  of  any  other  drug  or
 7        combination of drugs to a degree that renders the  person
 8        incapable of safely driving; or
 9             4.  Under  the combined influence of alcohol and any
10        other drug or drugs to a degree which renders the  person
11        incapable of safely driving.
12        (d)  Sentence.
13             (1)  Involuntary manslaughter is a Class 3 felony.
14             (2)  Reckless homicide is a Class 3 felony.
15        (e)  In  cases  involving  reckless homicide in which the
16    defendant was determined to have been under the influence  of
17    alcohol  or  any  other  drug  or  drugs as an element of the
18    offense, or in cases in which the defendant is proven  beyond
19    a  reasonable  doubt  to  have  been  under  the influence of
20    alcohol or any other drug or drugs, the penalty  shall  be  a
21    Class 2 felony, for which a person, if sentenced to a term of
22    imprisonment, shall be sentenced to a term of not less than 3
23    years and not more than 14 years.
24        (e-5)  In cases involving reckless homicide in which 2 or
25    more  persons are killed as the result of a collision between
26    a motor vehicle and a railroad train, the penalty is a  Class
27    2 felony.
28        (f)  In cases involving involuntary manslaughter in which
29    the  victim  was  a  family or household member as defined in
30    paragraph (3) of Section  112A-3  of  the  Code  of  Criminal
31    Procedure of 1963, the penalty shall be a Class 2 felony, for
32    which  a person if sentenced to a term of imprisonment, shall
33    be sentenced to a term of not less than 3 years and not  more
34    than 14 years.
 
HB0881 Engrossed            -3-                LRB9103131RCks
 1    (Source: P.A.   90-43,  eff.  7-2-97;  90-119,  eff.  1-1-98;
 2    90-655, eff. 7-30-98.)

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