Public Act 095-0587
 		





SB0363 Enrolled
LRB095 10479 RLC 30694 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Criminal Code of 1961 is amended  by changing 
Section 9-3 as follows:
 



    (720 ILCS 5/9-3)  (from Ch. 38, par. 9-3)



    Sec. 9-3. Involuntary Manslaughter and Reckless Homicide. 

    (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.


    (b) (Blank).

    (c) (Blank).

    (d) Sentence.


        (1) Involuntary manslaughter is a Class 3 felony.


        (2) Reckless homicide is a Class 3 felony.

    (e) (Blank).

    (e-5) (Blank).

    (e-7) Except as otherwise provided in subsection (e-8), in 
cases involving
reckless homicide in which the defendant was

driving in a construction or maintenance zone, as defined in 
Section 11-605.1
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.

    (e-8) In cases involving reckless homicide in which the 
defendant was
driving in a construction or maintenance zone, as 
defined in Section 11-605.1
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
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.

    (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.

    (e-10) In cases involving reckless homicide in which the 
defendant unintentionally kills an individual while driving in 
a posted school zone, as defined in Section 11-605 of the 
Illinois Vehicle Code, while children are present or in a 
construction or maintenance zone, as defined in Section 
11-605.1 of the Illinois Vehicle Code, when construction or 
maintenance workers are present the trier of fact may infer 
that the defendant's actions were performed recklessly where he 
or she was also either driving at a speed of more than 20 miles 
per hour in excess of the posted speed limit or violating 
Section 11-501 of the Illinois Vehicle Code.

    (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.

(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.)