96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0064


 
Introduced 1/30/2009, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:
 		








  



720 ILCS 5/9-3
  from Ch. 38, par. 9-3







    Amends the Criminal Code of 1961. Provides that a person who causes a fatal accident by operating a motor vehicle, all-terrain vehicle, snowmobile, or watercraft  while he or she is aware of being fatigued is guilty of reckless homicide. Provides that a person is fatigued if he or she has been without sleep for 24 consecutive hours. Provides that proof that the defendant fell asleep while driving or was driving after having been without sleep for a period in excess of 24 consecutive hours may give rise to an inference that the defendant was driving recklessly. Provides that, if a person  commits reckless homicide  and is determined to have been knowingly fatigued as an element of the offense, he or she is guilty of a Class 2 felony. Provides that the offender, if sentenced to imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years if the offense resulted in the death of one person or not less than 6 years and not more than 28 years if the offense resulted in the deaths of 2 or more persons.
















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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB0064

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    AN ACT concerning criminal 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 Criminal Code of 1961 is amended  by changing 
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Section 9-3 as follows:
 



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    (720 ILCS 5/9-3)  (from Ch. 38, par. 9-3)


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    Sec. 9-3. Involuntary Manslaughter and Reckless Homicide. 

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    (a) A person who unintentionally kills an individual 
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without lawful
justification commits involuntary manslaughter 
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if his acts whether lawful
or unlawful which cause the death 
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are such as are likely to cause death or
great bodily harm to 
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some individual, and he performs them recklessly,
except in 
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cases in which the cause of the death consists of the driving 
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of
a motor vehicle or operating a snowmobile, all-terrain 
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vehicle, or watercraft,
in which case the person commits 
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reckless homicide. A person commits reckless homicide if he or 
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she unintentionally kills an individual while driving a vehicle 
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and using an incline in a roadway, such as a railroad crossing, 
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bridge
approach, or hill, to cause the vehicle to become 
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airborne.


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    (b) (Blank).

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    (b-1) In cases involving reckless homicide, driving while 
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the driver is aware that he or she is fatigued constitutes 
 


 






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recklessness.
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    As used in this Section, "fatigued" means having been 
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without sleep for a period in excess of 24 consecutive hours.
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    (b-2) Proof that the defendant fell asleep while driving or 
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was driving after having been without sleep for a period in 
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excess of 24 consecutive hours may give rise to an inference 
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that the defendant was driving recklessly.

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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 
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involving reckless homicide in which the offense is committed 
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upon a public thoroughfare where children pass going to and 
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from school  when a school crossing guard is performing  official 
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duties, the penalty is a Class 2 felony, for which a
person, if 
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sentenced to a term of imprisonment, shall be sentenced to a 
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term of
not less than 3 years and not more than 14  years.
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    (e-3) In cases involving reckless homicide in which (i) the 
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offense  is committed upon a public thoroughfare where children 
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pass going to and from school  when a school crossing guard is 
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performing  official duties and (ii) the defendant causes the 
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deaths of 2 or more persons as part of a single course of 
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conduct, the penalty is a Class 2 felony, for which a
person, 
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if sentenced to a term of imprisonment, shall be sentenced to a 
 


 






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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 
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cases involving
reckless homicide in which the defendant: (1)

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was
driving in a construction or maintenance zone, as defined 
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in Section 11-605.1
of the Illinois Vehicle Code, or (2) was 
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operating a vehicle while   failing or refusing to comply with 
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any lawful order or direction of any authorized police officer 
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or traffic control aide engaged in traffic control,
the penalty 
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is a Class 2 felony, for which a
person, if sentenced to a term 
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of imprisonment, shall be sentenced to a term of
not less than 
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3 years and not more than 14 years.

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    (e-8) In cases involving reckless homicide in which the 
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defendant caused the deaths of 2 or more persons as part of a 
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single course of conduct and: (1) was
driving in a construction 
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or maintenance zone, as defined in Section 11-605.1
of the 
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Illinois Vehicle Code, or (2) was operating a vehicle while   
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failing or refusing to comply with any lawful order or 
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direction of any authorized police officer or traffic control 
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aide engaged in traffic control,
the penalty is a Class 2 
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felony, for which a
person, if sentenced to a term of 
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imprisonment, shall be sentenced to a term of
not less than 6 
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years and not more than 28 years.

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    (e-9) In cases involving reckless homicide in which the 
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defendant drove a vehicle and used an incline in a roadway, 
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such as a railroad crossing, bridge
approach, or hill, to cause 
 


 






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the vehicle to become airborne, and caused the deaths of 2 or 
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more persons as
part of a single course of conduct,
the penalty 
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is a Class 2 felony.

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    (e-10) In cases involving involuntary manslaughter or 
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reckless homicide resulting in the death of a peace officer 
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killed in the performance of his or her duties as a peace 
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officer, the penalty is a Class 2 felony.

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    (e-11)
 In cases involving reckless homicide in which the 
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defendant unintentionally kills an individual while driving in 
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a posted school zone, as defined in Section 11-605 of the 
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Illinois Vehicle Code, while children are present or in a 
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construction or maintenance zone, as defined in Section 
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11-605.1 of the Illinois Vehicle Code, when construction or 
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maintenance workers are present the trier of fact may infer 
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that the defendant's actions were performed recklessly where he 
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or she was also either driving at a speed of more than 20 miles 
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per hour in excess of the posted speed limit or violating 
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Section 11-501 of the Illinois Vehicle Code.

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    (e-12) Except as otherwise provided in subsection (e-13), 
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in cases involving
reckless homicide in which the offense was 
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committed as result
of a violation of subsection (c) of Section 
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11-907 of the Illinois Vehicle Code,
the penalty is a Class 2 
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felony, for which a
person, if sentenced to a term of 
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imprisonment, shall be sentenced to a term of
not less than 3 
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years and not more than 14 years.
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    (e-13) In cases involving
reckless homicide in which the 
 


 






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offense was committed as result
of a violation of subsection 
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(c) of Section 11-907 of the Illinois Vehicle Code and the 
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defendant caused the deaths of 2 or more persons as
part of a 
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single course of conduct,
the penalty is a Class 2 felony, for 
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which a
person, if sentenced to a term of imprisonment, shall 
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be sentenced to a term of
not less than 6 years and not more 
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than 28 years.

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    (e-14)
(e-12)  In cases involving reckless homicide in which 
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the defendant unintentionally kills an individual, the trier of 
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fact may infer that the defendant's actions were performed 
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recklessly where he or she was also violating subsection (c) of 
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Section 11-907 of the Illinois Vehicle Code.  The penalty for a 
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reckless homicide in which the driver also violated subsection 
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(c) of Section 11-907 of the Illinois Vehicle Code is a Class 2 
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felony, for which a person, if sentenced to a term of 
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imprisonment, shall be sentenced to a term of not less than 3 
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years and not more than 14 years.

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    (e-15) Except as otherwise provided in subsection (e-16), 
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in cases involving
reckless homicide in which the defendant was

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determined to have been knowingly fatigued as an element of the 
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offense, the penalty shall be a Class 2 felony,
for which a 
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person, if sentenced to a term of imprisonment, shall be

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sentenced to a term of not less than 3 years and not more than 
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14 years.

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    (e-16) In cases involving reckless homicide in which the 
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defendant was
determined to have been knowingly fatigued as an 
 


 






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element of the offense, if the defendant kills 2 or more 
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individuals as part
of a single course of conduct, the penalty 
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is a Class 2 felony, for which a
person, if sentenced to a term 
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of imprisonment, shall be sentenced to a term of
not less than 
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6 years and not more than 28 years.

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    (f) In cases involving involuntary manslaughter in which 
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the victim was a
family or household member as defined in 
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paragraph (3) of Section 112A-3 of the
Code of
Criminal 
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Procedure of 1963, the penalty shall be a Class 2 felony, for 
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which a
person if sentenced to a term of imprisonment, shall be 
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sentenced to a term of
not less than 3 years and not more than 
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14 years.

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(Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, 
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eff. 6-1-08; 95-591, eff. 9-10-07; 95-803, eff. 1-1-09; 95-876, 
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eff. 8-21-08; 95-884, eff. 1-1-09; revised 12-9-08.)