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91_HB2239
LRB9104238KSpr
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Section 9-3.2 as follows:
6 (720 ILCS 5/9-3.2) (from Ch. 38, par. 9-3.2)
7 Sec. 9-3.2. Involuntary Manslaughter and Reckless
8 Homicide of an Unborn Child. (a) A person who unintentionally
9 kills an unborn child without lawful justification commits
10 involuntary manslaughter of an unborn child if his or her
11 acts whether lawful or unlawful which cause the death are
12 such as are likely to cause death or great bodily harm to
13 some individual, and he performs them recklessly, except in
14 cases in which the cause of death consists of the driving of
15 a motor vehicle, in which case the person commits reckless
16 homicide of an unborn child.
17 (b) Sentence.
18 (1) Involuntary manslaughter of an unborn child is a
19 Class 3 felony.
20 (2) Reckless homicide of an unborn child is a Class 3
21 felony.
22 (c) For purposes of this Section, (1) "unborn child"
23 shall mean any individual of the human species from
24 fertilization until birth, and (2) "person" shall not include
25 the pregnant woman whose unborn child is killed.
26 (d) This Section shall not apply to acts which cause the
27 death of an unborn child if those acts were committed during
28 any abortion, as defined in Section 2 of the Illinois
29 Abortion Law of 1975, as amended, to which the pregnant woman
30 has consented. This Section shall not apply to acts which
31 were committed pursuant to usual and customary standards of
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1 medical practice during diagnostic testing or therapeutic
2 treatment.
3 (e) The provisions of this Section shall not be
4 construed to prohibit the prosecution of any person under any
5 other provision of law, nor shall it be construed to preclude
6 any civil cause of action.
7 (Source: P.A. 84-1414.)
8 Section 10. The Code of Criminal Procedure of 1963 is
9 amended by changing Section 104-14 as follows:
10 (725 ILCS 5/104-14) (from Ch. 38, par. 104-14)
11 Sec. 104-14. Use of statements made during examination
12 or treatment.) (a) Statements made by the defendant and
13 information gathered in the course of an any examination or
14 treatment ordered under Section 104-13, 104-17 or 104-20
15 shall not be admissible against the defendant unless he
16 raises the defense of insanity or the defense of drugged or
17 intoxicated condition, in which case they shall be admissible
18 only on the issue of whether he was insane, drugged, or
19 intoxicated. The refusal of the defendant to cooperate in
20 such examinations shall not preclude the raising of the
21 aforesaid defenses but shall preclude the defendant from
22 offering expert evidence or testimony tending to support such
23 defenses if the expert evidence or testimony is based upon
24 the expert's examination of the defendant.
25 (b) Except as provided in paragraph (a) of this Section,
26 no statement made by the defendant in the course of any
27 examination or treatment ordered under Section 104-13, 104-17
28 or 104-20 which relates to the crime charged or to other
29 criminal acts shall be disclosed by persons conducting the
30 examination or the treatment, except to members of the
31 examining or treating team, without the informed written
32 consent of the defendant, who is competent at the time of
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1 giving such consent.
2 (c) The court shall advise the defendant of the
3 limitations on the use of any statements made or information
4 gathered in the course of the fitness examination or
5 subsequent treatment as provided in this Section. It shall
6 also advise him that he may refuse to cooperate with the
7 person conducting the examination, but that his refusal may
8 be admissible into evidence on the issue of his mental or
9 physical condition.
10 (Source: P.A. 81-1217.)