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| Public Act 095-0551 |
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AN ACT concerning criminal law.
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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 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).
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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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(e-10) In cases involving involuntary manslaughter or | ||
reckless homicide resulting in the death of a peace officer | ||
killed in the performance of his or her duties as a peace | ||
officer, 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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