Bill Text: IL SB0064 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-04-03 - Rule 3-9(a) / Re-referred to Assignments [SB0064 Detail]

Download: Illinois-2009-SB0064-Introduced.html

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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
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Section 9-3 as follows:
(720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
(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.
(b) (Blank).
(b-1) In cases involving reckless homicide, driving while
the driver is aware that he or she is fatigued constitutes

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recklessness.
As used in this Section, "fatigued" means having been
without sleep for a period in excess of 24 consecutive hours.
(b-2) 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.
(c) (Blank).
(d) Sentence.
(1) Involuntary manslaughter is a Class 3 felony.
(2) Reckless homicide is a Class 3 felony.
(e) (Blank).
(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

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term of not less than 6 years and not more than 28 years.
(e-5) (Blank).
(e-7) Except as otherwise provided in subsection (e-8), in
cases involving reckless homicide in which the defendant: (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
3 years and not more than 14 years.
(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.
(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

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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.
(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.
(e-11) 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.
(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

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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.
(e-14) (e-12) In cases involving reckless homicide in which
the defendant unintentionally kills an individual, the trier of
fact may infer that the defendant's actions were performed
recklessly where he or she was also violating subsection (c) of
Section 11-907 of the Illinois Vehicle Code. The penalty for a
reckless homicide in which the driver also violated subsection
(c) of Section 11-907 of the Illinois Vehicle Code 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-15) Except as otherwise provided in subsection (e-16),
in cases involving reckless homicide in which the defendant was
determined to have been knowingly fatigued as an element of the
offense, 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.
(e-16) In cases involving reckless homicide in which the
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
individuals 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.
(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.
(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; 95-803, eff. 1-1-09; 95-876,
eff. 8-21-08; 95-884, eff. 1-1-09; revised 12-9-08.)