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91_HB0881ham001
LRB9103131RCksam
1 AMENDMENT TO HOUSE BILL 881
2 AMENDMENT NO. . Amend House Bill 881, by replacing
3 the title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by changing
5 Section 9-3."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Section 9-3 as follows:
10 (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
11 Sec. 9-3. Involuntary Manslaughter and Reckless
12 Homicide.
13 (a) A person who unintentionally kills an individual
14 without lawful justification commits involuntary manslaughter
15 if his acts whether lawful or unlawful which cause the death
16 are such as are likely to cause death or great bodily harm to
17 some individual, and he performs them recklessly, except in
18 cases in which the cause of the death consists of the driving
19 of a motor vehicle, in which case the person commits reckless
20 homicide.
21 (b) In cases involving reckless homicide, being under
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1 the influence of alcohol or any other drug or drugs at the
2 time of the alleged violation shall be presumed to be
3 evidence of a reckless act unless disproved by evidence to
4 the contrary.
5 (b-5) In cases involving reckless homicide, operation of
6 a motor vehicle that results in a collision with a railroad
7 train or a violation of Section 11-1201 of the Illinois
8 Vehicle Code shall be presumed to be evidence of a reckless
9 act unless disproved by evidence to the contrary.
10 (c) For the purposes of this Section, a person shall be
11 considered to be under the influence of alcohol or other
12 drugs while:
13 1. The alcohol concentration in the person's blood
14 or breath is 0.08 or more based on the definition of
15 blood and breath units in Section 11-501.2 of the
16 Illinois Vehicle Code;
17 2. Under the influence of alcohol to a degree that
18 renders the person incapable of safely driving;
19 3. Under the influence of any other drug or
20 combination of drugs to a degree that renders the person
21 incapable of safely driving; or
22 4. Under the combined influence of alcohol and any
23 other drug or drugs to a degree which renders the person
24 incapable of safely driving.
25 (d) Sentence.
26 (1) Involuntary manslaughter is a Class 3 felony.
27 (2) Reckless homicide is a Class 3 felony.
28 (e) In cases involving reckless homicide in which the
29 defendant was determined to have been under the influence of
30 alcohol or any other drug or drugs as an element of the
31 offense, or in cases in which the defendant is proven beyond
32 a reasonable doubt to have been under the influence of
33 alcohol or any other drug or drugs, the penalty shall be a
34 Class 2 felony, for which a person, if sentenced to a term of
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1 imprisonment, shall be sentenced to a term of not less than 3
2 years and not more than 14 years.
3 (e-5) In cases involving reckless homicide in which 2 or
4 more persons are killed as the result of a collision between
5 a motor vehicle and a railroad train, the penalty is a Class
6 2 felony.
7 (f) In cases involving involuntary manslaughter in which
8 the victim was a family or household member as defined in
9 paragraph (3) of Section 112A-3 of the Code of Criminal
10 Procedure of 1963, the penalty shall be a Class 2 felony, for
11 which a person if sentenced to a term of imprisonment, shall
12 be sentenced to a term of not less than 3 years and not more
13 than 14 years.
14 (Source: P.A. 90-43, eff. 7-2-97; 90-119, eff. 1-1-98;
15 90-655, eff. 7-30-98.)".