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91_SB0735eng SB735 Engrossed LRB9101923RCksB 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 (c) For the purposes of this Section, a person shall be 24 considered to be under the influence of alcohol or other 25 drugs while: 26 1. The alcohol concentration in the person's blood 27 or breath is 0.08 or more based on the definition of 28 blood and breath units in Section 11-501.2 of the 29 Illinois Vehicle Code; 30 2. Under the influence of alcohol to a degree that 31 renders the person incapable of safely driving; SB735 Engrossed -2- LRB9101923RCksB 1 3. Under the influence of any other drug or 2 combination of drugs to a degree that renders the person 3 incapable of safely driving; or 4 4. Under the combined influence of alcohol and any 5 other drug or drugs to a degree which renders the person 6 incapable of safely driving. 7 (d) Sentence. 8 (1) Involuntary manslaughter is a Class 3 felony. 9 (2) Reckless homicide is a Class 3 felony. 10 (e) Except as otherwise provided in subsection (e-5), in 11 cases involving reckless homicide in which the defendant was 12 determined to have been under the influence of alcohol or any 13 other drug or drugs as an element of the offense, or in cases 14 in which the defendant is proven beyond a reasonable doubt to 15 have been under the influence of alcohol or any other drug or 16 drugs, the penalty shall be a Class 2 felony, for which a 17 person, if sentenced to a term of imprisonment, shall be 18 sentenced to a term of not less than 3 years and not more 19 than 14 years. 20 (e-5) In cases involving reckless homicide in which the 21 defendant was determined to have been under the influence of 22 alcohol or any other drug or drugs as an element of the 23 offense, or in cases in which the defendant is proven beyond 24 a reasonable doubt to have been under the influence of 25 alcohol or any other drug or drugs, if the defendant kills 2 26 or more individuals as part of a single course of conduct, 27 the penalty is a Class 2 felony, for which a person, if 28 sentenced to a term of imprisonment, shall be sentenced to a 29 term of not less than 6 years and not more than 28 years. 30 (f) In cases involving involuntary manslaughter in which 31 the victim was a family or household member as defined in 32 paragraph (3) of Section 112A-3 of the Code of Criminal 33 Procedure of 1963, the penalty shall be a Class 2 felony, for 34 which a person if sentenced to a term of imprisonment, shall SB735 Engrossed -3- LRB9101923RCksB 1 be sentenced to a term of not less than 3 years and not more 2 than 14 years. 3 (Source: P.A. 90-43, eff. 7-2-97; 90-119, eff. 1-1-98; 4 90-655, eff. 7-30-98.)