Public Act 095-0591
 		





HB1641 Enrolled
LRB095 06668 RLC 26778 b






    AN ACT concerning criminal law.

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


 
    Section 2. The Criminal Code of 1961 is amended  by changing 
Sections 9-3 and 12-2 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: (1)  

was
driving in a construction or maintenance zone, as defined 
in Section 11-605
of the Illinois Vehicle Code, or (2) was 
operating a vehicle while   failing or refusing to comply with 
any lawful order or direction of any authorized police officer 
or traffic control aide engaged in traffic control,
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 caused the deaths of 2 or more persons as part of a 
single course of conduct and: (1) was
driving in a construction 
or maintenance zone, as defined in Section 11-605
of the 
Illinois Vehicle Code, or (2) was operating a vehicle while   
failing or refusing to comply with any lawful order or 
direction of any authorized police officer or traffic control 
aide engaged in traffic control
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.

    (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.)

 



    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)


    Sec. 12-2. Aggravated assault. 

    (a) A person commits an aggravated assault, when, in 
committing an
assault, he:


        (1) Uses a deadly weapon or any device manufactured and 
    designed to be
substantially similar in appearance to a 
    firearm, other than by
discharging a firearm in the 
    direction of another person, a peace
officer, a person 
    summoned or directed by a peace officer, a correctional

    officer or a fireman or in the direction of a vehicle 
    occupied by another
person, a peace officer, a person 
    summoned or directed by a peace officer,
a correctional 
    officer or a fireman while the officer or fireman is

    engaged in the execution of any of his official duties, or 
    to prevent the
officer or fireman from performing his 
    official duties, or in retaliation
for the officer or 
    fireman performing his official duties;


        (2) Is hooded, robed or masked in such manner as to 
    conceal his
identity or any device manufactured and 
    designed to be substantially
similar in appearance to a 
    firearm;


        (3) Knows the individual assaulted to be a teacher or 
    other person
employed in any school and such teacher or 
    other employee is upon the
grounds of a school or grounds 
    adjacent thereto, or is in any part of a
building used for 
    school purposes;


        (4) Knows the individual assaulted to be a supervisor, 
    director,
instructor or other person employed in any park 
    district and such
supervisor, director, instructor or 
    other employee is upon the grounds of
the park or grounds 
    adjacent thereto, or is in any part of a building used
for 
    park purposes;


        (5) Knows the individual assaulted to be a caseworker, 
    investigator, or
other person employed by the Department of 
    Healthcare and Family Services (formerly State Department 
    of Public Aid), a
County
Department of Public Aid, or the 
    Department of Human Services (acting as
successor to the 
    Illinois Department of Public Aid under the Department of

    Human Services Act) and such caseworker, investigator, or 
    other person
is upon the grounds of a public aid office or 
    grounds adjacent thereto, or
is in any part of a building 
    used for public aid purposes, or upon the
grounds of a home 
    of a public aid applicant, recipient or any other person

    being interviewed or investigated in the employees' 
    discharge of his
duties, or on grounds adjacent thereto, or 
    is in any part of a building in
which the applicant, 
    recipient, or other such person resides or is located;


        (6) Knows the individual assaulted to be a peace 
    officer, or a community
policing volunteer, or a fireman

    while the officer or fireman is engaged in the execution of 
    any of his
official duties, or to prevent the officer, 
    community policing volunteer,
or fireman from performing

    his official duties, or in retaliation for the officer, 
    community policing
volunteer, or fireman
performing his 
    official duties, and the assault is committed other than by

    the discharge of a firearm in the direction of the officer 
    or fireman or
in the direction of a vehicle occupied by the 
    officer or fireman;


        (7) Knows the individual assaulted to be
an emergency 
    medical technician - ambulance, emergency medical

    technician - intermediate, emergency medical technician - 
    paramedic, ambulance
driver or other medical
assistance or 
    first aid personnel engaged in the
execution of any of his 
    official duties, or to prevent the
emergency medical 
    technician - ambulance, emergency medical
technician - 
    intermediate, emergency medical technician - paramedic,

    ambulance driver, or other medical assistance or first aid 
    personnel from
performing his official duties, or in 
    retaliation for the
emergency medical technician - 
    ambulance, emergency medical
technician - intermediate, 
    emergency medical technician - paramedic,
ambulance 
    driver, or other medical assistance or first aid personnel

    performing his official duties;


        (8) Knows the individual assaulted to be the driver, 
    operator, employee
or passenger of any transportation 
    facility or system engaged in the
business of 
    transportation of the public for hire and the individual

    assaulted is then performing in such capacity or then using 
    such public
transportation as a passenger or using any area 
    of any description
designated by the transportation 
    facility or system as a vehicle boarding,
departure, or 
    transfer location;


        (9) Or the individual assaulted is on or about a public 
    way, public
property, or public place of accommodation or 
    amusement;

        (9.5) Is, or the individual assaulted is, in or about a 
    publicly or privately owned sports or entertainment arena, 
    stadium, community or convention hall, special event 
    center, amusement facility, or a special event center in a 
    public park during any 24-hour period when a professional 
    sporting event, National Collegiate Athletic Association 
    (NCAA)-sanctioned sporting event, United States Olympic 
    Committee-sanctioned sporting event, or International 
    Olympic Committee-sanctioned sporting event is taking 
    place in this venue;


        (10) Knows the individual assaulted to be an employee 
    of the State of
Illinois, a municipal corporation therein 
    or a political subdivision
thereof, engaged in the 
    performance of his authorized duties as such
employee;


        (11) Knowingly and without legal justification, 
    commits an assault on
a physically handicapped person;


        (12) Knowingly and without legal justification, 
    commits an assault on a
person 60 years of age or older;


        (13) Discharges a firearm;


        (14) Knows the individual assaulted to be a 
    correctional officer, while
the officer is engaged in the 
    execution of any of his or her official duties,
or to 
    prevent the officer from performing his or her official 
    duties, or in
retaliation for the officer performing his or 
    her official duties;


        (15) Knows the individual assaulted to be a 
    correctional employee or
an employee of the Department of 
    Human Services supervising or controlling
sexually 
    dangerous persons or sexually violent persons, while
the 
    employee is engaged in the execution of any of his or her 
    official duties,
or to prevent the employee from performing 
    his or her official duties, or in
retaliation for the 
    employee performing his or her official duties, and the

    assault is committed other than by the discharge of a 
    firearm in the direction
of the employee or in the 
    direction of a vehicle occupied by the employee;



        (16) Knows the individual assaulted to be an employee 
    of a police or
sheriff's department, or a person who is 
    employed by a municipality and whose duties include traffic 
    control, engaged in the performance of his or her official 
    duties
as such employee; or

        (17) Knows the individual assaulted to be a sports 
    official or coach at any level of competition and the act 
    causing the assault to the sports official or coach 
    occurred within an athletic facility or an indoor or 
    outdoor playing field or within the immediate vicinity of 
    the athletic facility or an indoor or outdoor playing field 
    at which the sports official or  coach was an active 
    participant in the athletic contest held at the athletic 
    facility.  For the purposes of this paragraph (17), "sports 
    official" means a person at an athletic contest who 
    enforces the rules of the contest, such as an umpire or 
    referee; and "coach" means a person recognized as a coach 
    by the sanctioning authority that conducted the athletic 
    contest; or .

        (18) Knows the individual assaulted to be an emergency 
    management
worker, while the emergency management worker 
    is engaged in the execution of
any of his or her official 
    duties,
or to prevent the emergency management worker from 
    performing his or her
official duties, or in retaliation 
    for the emergency management worker
performing his or her 
    official duties, and the assault is committed other than
by 
    the discharge of a firearm in the direction of the 
    emergency management
worker or in the direction of a 
    vehicle occupied by the emergency management
worker.

    (a-5) A person commits an aggravated assault when he or she 
knowingly and
without lawful justification shines or flashes a 
laser gunsight or other laser
device that is attached or 
affixed to a firearm, or used in concert with a
firearm, so 
that the laser beam strikes near or in the immediate vicinity 
of
any person.

    (b) Sentence.

    Aggravated assault as defined in paragraphs (1) through (5) 
and (8) through
(12) and (17) of subsection (a) of this Section 
is a Class A misdemeanor.  Aggravated
assault as defined in 
paragraphs (13), (14), and (15) of subsection (a) of this

Section and as defined in subsection (a-5) of this Section is a 
Class 4
felony.  Aggravated assault as defined in paragraphs

(6), (7), (16), and (18) of
subsection (a) of this Section is a 
Class A misdemeanor if a firearm is not
used in the commission 
of the assault.  Aggravated assault as defined in
paragraphs 
(6), (7), (16), and (18) of subsection (a) of this
Section is a 
Class 4 felony if a firearm is used in the commission of the

assault.

(Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482, 
eff. 1-1-06; revised 12-15-05.)

 
    Section 5. The Rights of Crime Victims and Witnesses Act is 
amended  by changing Sections 3, 4, and 6 as follows:
 



    (725 ILCS 120/3)  (from Ch. 38, par. 1403)


    Sec. 3. The terms used in this Act, unless the context 
clearly
requires otherwise, shall have the following meanings: 

    (a) "Crime victim" means (1) a person physically injured in 
this State as a
result of a violent crime perpetrated or 
attempted against that person or (2) a
person who suffers 
injury to or loss of property as a result of a violent crime

perpetrated or attempted against that person or (3) a single

representative who
may be the spouse, parent, child or sibling 
of a person killed as a result of a
violent crime perpetrated 
against the person killed or the spouse, parent,
child or 
sibling of any person granted rights under this Act who is 
physically
or mentally incapable of exercising such rights, 
except where the spouse,
parent, child or sibling is also the 
defendant or prisoner or (4) any person
against whom a violent 
crime has been committed or (5) any person
who has suffered 
personal injury as a result of a violation of Section 11-501
of 
the Illinois Vehicle Code, or of a similar provision of a local 
ordinance,
or of Section 9-3 of the Criminal Code of 1961, as 
amended or (6) in proceedings under the Juvenile Court Act of 
1987, both parents, legal guardians, foster parents, or a 
single adult representative of a deceased minor or disabled 
person who is a crime victim; 

    (b) "Witness" means any person who personally observed the 
commission of
a violent crime and who will testify on behalf of 
the State of Illinois in
the criminal prosecution of the 
violent crime;

    (c) "Violent Crime" means any felony in which force or 
threat of force was
used against the victim, or any offense 
involving sexual exploitation, sexual
conduct or sexual 
penetration, domestic battery, violation of an order of

protection, stalking, or any misdemeanor which results in death 
or great bodily
harm to the victim or any violation of Section 
9-3 of the Criminal Code of
1961, or Section 11-501 of the 
Illinois Vehicle
Code, or a similar provision of a local 
ordinance, if the violation resulted
in personal injury or 
death, and includes any action committed by a juvenile
that 
would be a violent crime if committed by an adult. For the 
purposes of
this paragraph, "personal injury" shall include any 
Type A injury as indicated
on the traffic accident report 
completed by a law enforcement officer that
requires immediate 
professional attention in either a doctor's office or
medical 
facility.  A type A injury shall include severely bleeding 
wounds,
distorted extremities, and injuries that require the 
injured party to be
carried from the scene;

    (d) "Sentencing Hearing" means any hearing where a sentence 
is imposed
by the court on a convicted defendant and includes 
hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 
and 5-7-7 of the Unified Code of
Corrections except those cases 
in which both parties have agreed to the
imposition of a 
specific sentence.

    (e) "Court proceedings" includes the preliminary hearing, 
any hearing the
effect of which may be the release of the 
defendant from custody or to alter
the conditions of bond, the 
trial, sentencing hearing, notice of appeal, any
modification 
of sentence, probation revocation hearings or parole hearings.

(Source: P.A. 94-271, eff. 1-1-06.)

 



    (725 ILCS 120/4)  (from Ch. 38, par. 1404)



    Sec. 4. Rights of crime victims. 

    (a) Crime victims shall have the following rights:


        (1) The right to be treated with fairness and respect 
    for their dignity
and privacy throughout the criminal 
    justice process.


        (2) The right to notification of court proceedings.


        (3) The right to communicate with the prosecution.


        (4) The right to make a statement to the court at 
    sentencing.


        (5) The right to information about the conviction, 
    sentence, imprisonment
and release of the accused.


        (6) The right to the timely disposition of the case 
    following the arrest
of the accused.


        (7) The right to be reasonably protected from the 
    accused through the
criminal justice process.


        (8) The right to be present at the trial and all other 
    court proceedings
on the same basis as the accused, unless 
    the victim is to testify and the court
determines that the 
    victim's testimony would be materially affected if the

    victim hears other testimony at the trial.


        (9) the right to have present at all court proceedings, 
    including proceedings under the Juvenile Court Act of 1987, 
    subject to the admonition of the rules of confidentiality 
    and subject to the
rules of evidence, a victim-witness 
    specialist, an advocate or other support person of the 
    victim's choice.


        (10) The right to restitution.

    (b) A statement and explanation of the rights of crime 
victims set forth in
paragraph (a) of this Section shall be 
given to a crime victim at the initial
contact with the 
criminal justice system by the appropriate authorities and

shall be conspicuously posted in all court facilities.

(Source: P.A. 87-224; 88-489.)

 



    (725 ILCS 120/6)  (from Ch. 38, par. 1406)



    Sec. 6. Rights to present victim impact statement. 

    (a) In any case where a defendant has been convicted of a 
violent crime or a
juvenile has been adjudicated a delinquent 
for a violent crime and a victim of the violent crime or the 
victim's spouse,
guardian, parent, grandparent, or other 
immediate family or household member is present in
the

courtroom at the time of the sentencing or the disposition 
hearing,
the victim or his or her representative shall have the 
right and the victim's
spouse, guardian, parent, grandparent, 
and other immediate
family or household member upon his, her, 
or
their request may be permitted by the court to address the

court regarding the impact that the defendant's criminal 
conduct
or the
juvenile's delinquent conduct has had upon them 
and the victim.
The court has discretion to determine the 
number of oral presentations of victim impact statements.
Any 
impact
statement must have been prepared in writing in 
conjunction with the Office
of the State's Attorney prior to 
the initial hearing or sentencing, before
it can be presented 
orally or in writing at the sentencing hearing.  In
conjunction 
with the Office of the State's Attorney, a victim impact 
statement
that is presented orally may be done so by the victim 
or the victim's spouse,
guardian, parent, grandparent, or other 
immediate family or household member or
his,
her, or their

representative.  At the sentencing hearing, the prosecution may 
introduce
that evidence either in its
case in chief or in 
rebuttal.  The court shall
consider any impact statement 
admitted
along with
all
other appropriate factors in 
determining the sentence of the defendant or
disposition of 
such juvenile.

    (b) The crime victim has the right to prepare a victim 
impact statement
and present it to the Office of the State's 
Attorney at any time during the
proceedings. Any written victim 
impact statement submitted to the Office of the State's 
Attorney shall be considered by the court during its 
consideration of aggravation and mitigation in plea 
proceedings under Supreme Court Rule 402.


    (c) This Section shall apply to any victims of a violent 
crime during any
dispositional hearing under Section 5-705 of 
the Juvenile Court
Act of 1987 which takes place pursuant to an 
adjudication or trial or plea of
delinquency for any such 
offense.

(Source: P.A. 92-412, eff. 1-1-02; 93-819, eff. 7-27-04.)


 

    Section 99. Effective date. Section 2 and this Section  take 
effect upon becoming law.