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| Public Act 095-0803 |
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AN ACT concerning transportation, which may be referred to | ||||
as James "Shib" Miller and William Grant's 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 Illinois Vehicle Code is amended by adding | ||||
Section 11-213 as follows: | ||||
(625 ILCS 5/11-213 new) | ||||
Sec. 11-213. Power of a fire department officer; highway or | ||||
lane closure. In the absence of a law enforcement officer or a | ||||
representative of the highway agency having jurisdiction over | ||||
the highway, an officer of a fire department, in the
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performance of his or her official duties, has the authority to
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close to traffic a highway, or a lane or lanes of a highway, as
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necessary to protect the safety of persons or property. In | ||||
order to promote the safe implementation of this Section, the | ||||
fire department officer shall utilize an official fire | ||||
department vehicle with lighted red or white oscillating, | ||||
rotating, or flashing lights in accordance with Section 12-215 | ||||
of this Code and proper temporary traffic control in accordance | ||||
with the sections of the Illinois Manual on Uniform Traffic | ||||
Control Devices concerning temporary traffic control and | ||||
incident management. The officer should also receive training | ||||
in safe practices for accomplishing these tasks near traffic. | ||||
This Section does not apply to highways under the jurisdiction | ||
of the Illinois State Toll Highway Authority.
As used in this | ||
Section, "highway" has the meaning set forth in Section 1-126 | ||
of this Code. | ||
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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(Text of Section after amendment by P.A. 95-467, 95-551, | ||
and 95-587) | ||
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-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: (1)
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was
driving in a construction or maintenance zone, as defined | ||
in Section 11-605.1
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.
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(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 11-605.1
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 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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(e-11)
(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.
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(e-12) Except as otherwise provided in subsection (e-13), | ||
in cases involving
reckless homicide in which the offense was | ||
committed as result
of a violation of subsection (c) of Section | ||
11-907 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-13) In cases involving
reckless homicide in which the | ||
offense was committed as result
of a violation of subsection | ||
(c) of Section 11-907 of the Illinois Vehicle Code and the | ||
defendant 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.
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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. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, | ||
eff. 6-1-08; 95-591, eff. 9-10-07; revised 10-30-07.)
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