[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] |
91_HB0881eng HB0881 Engrossed LRB9103131RCks 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 9-3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Section 9-3 as follows: 7 (720 ILCS 5/9-3) (from Ch. 38, par. 9-3) 8 Sec. 9-3. Involuntary Manslaughter and Reckless 9 Homicide. 10 (a) A person who unintentionally kills an individual 11 without lawful justification commits involuntary manslaughter 12 if his acts whether lawful or unlawful which cause the death 13 are such as are likely to cause death or great bodily harm to 14 some individual, and he performs them recklessly, except in 15 cases in which the cause of the death consists of the driving 16 of a motor vehicle, in which case the person commits reckless 17 homicide. 18 (b) In cases involving reckless homicide, being under 19 the influence of alcohol or any other drug or drugs at the 20 time of the alleged violation shall be presumed to be 21 evidence of a reckless act unless disproved by evidence to 22 the contrary. 23 (b-5) In cases involving reckless homicide, operation of 24 a motor vehicle that results in a collision with a railroad 25 train or a violation of Section 11-1201 of the Illinois 26 Vehicle Code shall be presumed to be evidence of a reckless 27 act unless disproved by evidence to the contrary. 28 (c) For the purposes of this Section, a person shall be 29 considered to be under the influence of alcohol or other 30 drugs while: 31 1. The alcohol concentration in the person's blood HB0881 Engrossed -2- LRB9103131RCks 1 or breath is 0.08 or more based on the definition of 2 blood and breath units in Section 11-501.2 of the 3 Illinois Vehicle Code; 4 2. Under the influence of alcohol to a degree that 5 renders the person incapable of safely driving; 6 3. Under the influence of any other drug or 7 combination of drugs to a degree that renders the person 8 incapable of safely driving; or 9 4. Under the combined influence of alcohol and any 10 other drug or drugs to a degree which renders the person 11 incapable of safely driving. 12 (d) Sentence. 13 (1) Involuntary manslaughter is a Class 3 felony. 14 (2) Reckless homicide is a Class 3 felony. 15 (e) In cases involving reckless homicide in which the 16 defendant was determined to have been under the influence of 17 alcohol or any other drug or drugs as an element of the 18 offense, or in cases in which the defendant is proven beyond 19 a reasonable doubt to have been under the influence of 20 alcohol or any other drug or drugs, the penalty shall be a 21 Class 2 felony, for which a person, if sentenced to a term of 22 imprisonment, shall be sentenced to a term of not less than 3 23 years and not more than 14 years. 24 (e-5) In cases involving reckless homicide in which 2 or 25 more persons are killed as the result of a collision between 26 a motor vehicle and a railroad train, the penalty is a Class 27 2 felony. 28 (f) In cases involving involuntary manslaughter in which 29 the victim was a family or household member as defined in 30 paragraph (3) of Section 112A-3 of the Code of Criminal 31 Procedure of 1963, the penalty shall be a Class 2 felony, for 32 which a person if sentenced to a term of imprisonment, shall 33 be sentenced to a term of not less than 3 years and not more 34 than 14 years. HB0881 Engrossed -3- LRB9103131RCks 1 (Source: P.A. 90-43, eff. 7-2-97; 90-119, eff. 1-1-98; 2 90-655, eff. 7-30-98.)