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| Public Act 095-0467 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 11-503 as follows:
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(625 ILCS 5/11-503) (from Ch. 95 1/2, par. 11-503)
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Sec. 11-503. Reckless driving; aggravated reckless | ||||
driving.
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(a) A
person commits reckless driving if he or she: | ||||
(1) drives any vehicle with
a willful or wanton | ||||
disregard for the safety of persons or property; or | ||||
(2) knowingly drives a vehicle and uses an incline in a | ||||
roadway, such as a railroad crossing, bridge
approach, or | ||||
hill, to cause the vehicle to become airborne.
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(b) Every person convicted of reckless driving shall be | ||||
guilty of a
Class A misdemeanor, except as provided under | ||||
subsections (b-1), (c), and (d)
subsection (c) of this
Section.
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(b-1) Except as provided in subsection (d), any person | ||||
convicted of violating subsection (a), if the violation causes | ||||
bodily harm to a child or a school crossing guard while the | ||||
school crossing guard is performing his or her official duties, | ||||
is guilty of a Class 4 felony.
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(c) Every person convicted of committing a violation of | ||||
subsection (a)
shall
be guilty of aggravated reckless driving | ||
if the violation results in great
bodily harm or permanent | ||
disability or disfigurement to another. Except as provided in | ||
subsection (d) of this Section, aggravated
Aggravated
reckless | ||
driving is a Class 4 felony. | ||
(d) Any person convicted of violating subsection (a), if | ||
the violation causes great bodily harm or permanent disability | ||
or disfigurement to a child or a school crossing guard while | ||
the school crossing guard is performing his or her official | ||
duties, is guilty of aggravated reckless driving. Aggravated | ||
reckless driving under this subsection (d) is a Class 3 felony.
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(Source: P.A. 93-682, eff. 1-1-05.)
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Section 10. The Criminal Code of 1961 is amended by | ||
changing Section 9-3 as follows:
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(720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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(a) A person who unintentionally kills an individual | ||
without lawful
justification commits involuntary manslaughter | ||
if his acts whether lawful
or unlawful which cause the death | ||
are such as are likely to cause death or
great bodily harm to | ||
some individual, and he performs them recklessly,
except in | ||
cases in which the cause of the death consists of the driving | ||
of
a motor vehicle or operating a snowmobile, all-terrain | ||
vehicle, or watercraft,
in which case the person commits | ||
reckless homicide. A person commits reckless homicide if he or | ||
she unintentionally kills an individual while driving a vehicle | ||
and using an incline in a roadway, such as a railroad crossing, | ||
bridge
approach, or hill, to cause the vehicle to become | ||
airborne.
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(b) (Blank).
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(c) (Blank).
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(d) Sentence.
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(1) Involuntary manslaughter is a Class 3 felony.
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(2) Reckless homicide is a Class 3 felony.
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(e) (Blank). | ||
(e-2) Except as provided in subsection (e-3), in cases | ||
involving reckless homicide in which the offense is committed | ||
upon a public thoroughfare where children pass going to and | ||
from school when a school crossing guard is performing official | ||
duties, the penalty is a Class 2 felony, for which a
person, if | ||
sentenced to a term of imprisonment, shall be sentenced to a | ||
term of
not less than 3 years and not more than 14 years. | ||
(e-3) In cases involving reckless homicide in which (i) the | ||
offense is committed upon a public thoroughfare where children | ||
pass going to and from school when a school crossing guard is | ||
performing official duties and (ii) the defendant causes the | ||
deaths of 2 or more persons as part of a single course of | ||
conduct, the penalty is a Class 2 felony, for which a
person, | ||
if sentenced to a term of imprisonment, shall be sentenced to a | ||
term of
not less than 6 years and not more than 28 years.
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(e-5) (Blank).
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(e-7) Except as otherwise provided in subsection (e-8), in | ||
cases involving
reckless homicide in which the defendant was
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driving in a construction or maintenance zone, as defined in | ||
Section 11-605
of the Illinois Vehicle Code,
the penalty is a | ||
Class 2 felony, for which a
person, if sentenced to a term of | ||
imprisonment, shall be sentenced to a term of
not less than 3 | ||
years and not more than 14 years.
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(e-8) In cases involving reckless homicide in which the | ||
defendant was
driving in a construction or maintenance zone, as | ||
defined in Section 11-605
of the Illinois Vehicle Code, and | ||
caused the deaths of 2 or more persons as
part of a single | ||
course of conduct,
the penalty is a Class 2 felony, for which a
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person, if sentenced to a term of imprisonment, shall be | ||
sentenced to a term of
not less than 6 years and not more than | ||
28 years.
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(e-9) In cases involving reckless homicide in which the | ||
defendant drove a vehicle and used an incline in a roadway, | ||
such as a railroad crossing, bridge
approach, or hill, to cause | ||
the vehicle to become airborne, and caused the deaths of 2 or | ||
more persons as
part of a single course of conduct,
the penalty | ||
is a Class 2 felony.
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(f) In cases involving involuntary manslaughter in which | ||
the victim was a
family or household member as defined in | ||
paragraph (3) of Section 112A-3 of the
Code of
Criminal | ||
Procedure of 1963, the penalty shall be a Class 2 felony, for | ||
which a
person if sentenced to a term of imprisonment, shall be | ||
sentenced to a term of
not less than 3 years and not more than | ||
14 years.
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(Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, | ||
eff. 7-18-03; 93-682, eff. 1-1-05.)
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