Bill Text: IL SB3442 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that a person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death he or she commits both aggravated driving under the influence and speeding 26 or more miles per hour over the speed limit, and such acts are the proximate cause of the death of the individual. Provides that the penalty for reckless homicide in which the defendant was operating a motor vehicle and committed aggravated driving under the influence resulting in the death of an individual 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. Provides that in cases involving reckless homicide in which the defendant was operating a motor vehicle at a speed 100 or more miles per hour over the maximum speed limit resulting in the death of an individual, 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. Provides that the penalty for aggravated battery caused by the defendant operating a motor vehicle at a speed 100 or more miles per hour over the maximum speed limit in which the defendant caused great bodily harm to an individual is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of a minimum of 3 years and a maximum of 20 years. Contains a severability clause. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-02-04 - Referred to Assignments [SB3442 Detail]

Download: Illinois-2025-SB3442-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026SB3442 Introduced 2/4/2026, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
720 ILCS 5/9-1 from Ch. 38, par. 9-1
720 ILCS 5/9-3 from Ch. 38, par. 9-3
720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
Amends the Criminal Code of 2012. Provides that a person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death he or she commits both aggravated driving under the influence and speeding 26 or more miles per hour over the speed limit, and such acts are the proximate cause of the death of the individual. Provides that the penalty for reckless homicide in which the defendant was operating a motor vehicle and committed aggravated driving under the influence resulting in the death of an individual 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. Provides that in cases involving reckless homicide in which the defendant was operating a motor vehicle at a speed 100 or more miles per hour over the maximum speed limit resulting in the death of an individual, 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. Provides that the penalty for aggravated battery caused by the defendant operating a motor vehicle at a speed 100 or more miles per hour over the maximum speed limit in which the defendant caused great bodily harm to an individual is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of a minimum of 3 years and a maximum of 20 years. Contains a severability clause. Effective immediately.
LRB104 16838 RLC 30247 b
A BILL FOR
SB3442 LRB104 16838 RLC 30247 b
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 2012 is amended by
changing Sections 9-1, 9-3, and 12-3.05 as follows:
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
Sec. 9-1. First degree murder.
(a) A person who kills an individual without lawful
justification commits first degree murder if, in performing
the acts which cause the death:
(1) he or she either intends to kill or do great bodily
harm to that individual or another, or knows that such
acts will cause death to that individual or another; or
(2) he or she knows that such acts create a strong
probability of death or great bodily harm to that
individual or another; or
(3) he or she, acting alone or with one or more
participants, commits or attempts to commit a forcible
felony other than second degree murder, and in the course
of or in furtherance of such crime or flight therefrom, he
or she or another participant causes the death of a
person; or .
(4) he or she violates both subsection (d) of Section

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11-501 and Section 11-601.5 of the Illinois Vehicle Code,
and such acts are the proximate cause of the death of the
individual.
(b) (Blank).
(b-5) (Blank).
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) (Blank).
(h-5) (Blank).
(i) (Blank).
(j) (Blank).
(k) (Blank).
(Source: P.A. 103-51, eff. 1-1-24; 103-605, eff. 7-1-24.)
(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

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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).
(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

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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-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

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defendant drove a vehicle and used an incline in a roadway,
such as a railroad crossing, bridge approach, or hill, to
cause 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

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years and not more than 14 years.
(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 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) 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) In cases involving reckless homicide in which the
defendant was operating a vehicle while failing or refusing to
comply with subsection (c) of Section 11-907 of the Illinois
Vehicle Code resulting in the death of a firefighter or
emergency medical services personnel in the performance of his
or her official duties, the penalty is a Class 2 felony.
(e-16) In cases involving reckless homicide in which the

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defendant was operating a motor vehicle and violated
subsection (d) of Section 11-501 of the Illinois Vehicle Code
resulting in the death of an individual, 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-17) In cases involving reckless homicide in which the
defendant was operating a motor vehicle at a speed 100 or more
miles per hour over the maximum speed limit resulting in the
death of an individual, 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. 101-173, eff. 1-1-20.)
(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
Sec. 12-3.05. Aggravated battery.
(a) Offense based on injury. A person commits aggravated
battery when, in committing a battery, other than by the

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discharge of a firearm, he or she knowingly does any of the
following:
(1) Causes great bodily harm or permanent disability
or disfigurement, other than as provided in paragraph (6)
of this subsection.
(2) Causes severe and permanent disability, great
bodily harm, or disfigurement by means of a caustic or
flammable substance, a poisonous gas, a deadly biological
or chemical contaminant or agent, a radioactive substance,
or a bomb or explosive compound.
(3) Causes great bodily harm or permanent disability
or disfigurement to an individual whom the person knows to
be a peace officer, community policing volunteer, fireman,
private security officer, correctional institution
employee, or Department of Human Services employee
supervising or controlling sexually dangerous persons or
sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(4) Causes great bodily harm or permanent disability
or disfigurement to an individual 60 years of age or
older.
(5) Strangles another individual.

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(6) Causes great bodily harm to an individual while
operating a motor vehicle at a speed of 100 or more miles
per hour over the maximum speed limit.
(b) Offense based on injury to a child or person with an
intellectual disability. A person who is at least 18 years of
age commits aggravated battery when, in committing a battery,
he or she knowingly and without legal justification by any
means:
(1) causes great bodily harm or permanent disability
or disfigurement to any child under the age of 13 years, or
to any person with a severe or profound intellectual
disability; or
(2) causes bodily harm or disability or disfigurement
to any child under the age of 13 years or to any person
with a severe or profound intellectual disability.
(c) Offense based on location of conduct. A person commits
aggravated battery when, in committing a battery, other than
by the discharge of a firearm, he or she is or the person
battered is on or about a public way, public property, a public
place of accommodation or amusement, a sports venue, or a
domestic violence shelter, or in a church, synagogue, mosque,
or other building, structure, or place used for religious
worship.
(d) Offense based on status of victim. A person commits
aggravated battery when, in committing a battery, other than
by discharge of a firearm, he or she knows the individual

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battered to be any of the following:
(1) A person 60 years of age or older.
(2) A person who is pregnant or has a physical
disability.
(3) A teacher or school employee upon school grounds
or grounds adjacent to a school or in any part of a
building used for school purposes.
(4) A peace officer, community policing volunteer,
fireman, private security officer, correctional
institution employee, or Department of Human Services
employee supervising or controlling sexually dangerous
persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(5) A judge, emergency management worker, emergency
medical services personnel, or utility worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(6) An officer or employee of the State of Illinois, a
unit of local government, or a school district, while

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performing his or her official duties.
(7) A transit employee performing his or her official
duties, or a transit passenger.
(8) A taxi driver on duty.
(9) A merchant who detains the person for an alleged
commission of retail theft under Section 16-26 of this
Code and the person without legal justification by any
means causes bodily harm to the merchant.
(10) A person authorized to serve process under
Section 2-202 of the Code of Civil Procedure or a special
process server appointed by the circuit court while that
individual is in the performance of his or her duties as a
process server.
(11) A nurse while in the performance of his or her
duties as a nurse.
(12) A merchant: (i) while performing his or her
duties, including, but not limited to, relaying directions
for healthcare or safety from his or her supervisor or
employer or relaying health or safety guidelines,
recommendations, regulations, or rules from a federal,
State, or local public health agency; and (ii) during a
disaster declared by the Governor, or a state of emergency
declared by the mayor of the municipality in which the
merchant is located, due to a public health emergency and
for a period of 6 months after such declaration.
(e) Offense based on use of a firearm. A person commits

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aggravated battery when, in committing a battery, he or she
knowingly does any of the following:
(1) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury
to another person.
(2) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury
to a person he or she knows to be a peace officer,
community policing volunteer, person summoned by a police
officer, fireman, private security officer, correctional
institution employee, or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(3) Discharges a firearm, other than a machine gun or
a firearm equipped with a silencer, and causes any injury
to a person he or she knows to be emergency medical
services personnel:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(4) Discharges a firearm and causes any injury to a

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person he or she knows to be a teacher, a student in a
school, or a school employee, and the teacher, student, or
employee is upon school grounds or grounds adjacent to a
school or in any part of a building used for school
purposes.
(5) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to another person.
(6) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or
she knows to be a peace officer, community policing
volunteer, person summoned by a police officer, fireman,
private security officer, correctional institution
employee or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(7) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or
she knows to be emergency medical services personnel:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.

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(8) Discharges a machine gun or a firearm equipped
with a silencer, and causes any injury to a person he or
she knows to be a teacher, or a student in a school, or a
school employee, and the teacher, student, or employee is
upon school grounds or grounds adjacent to a school or in
any part of a building used for school purposes.
(f) Offense based on use of a weapon or device. A person
commits aggravated battery when, in committing a battery, he
or she does any of the following:
(1) Uses a deadly weapon other than by discharge of a
firearm, or uses an air rifle as defined in Section
24.8-0.1 of this Code.
(2) Wears a hood, robe, or mask to conceal his or her
identity.
(3) Knowingly and without lawful justification shines
or flashes a laser gunsight or other laser device attached
to a firearm, or used in concert with a firearm, so that
the laser beam strikes upon or against the person of
another.
(4) Knowingly video or audio records the offense with
the intent to disseminate the recording.
(g) Offense based on certain conduct. A person commits
aggravated battery when, other than by discharge of a firearm,
he or she does any of the following:
(1) Violates Section 401 of the Illinois Controlled
Substances Act by unlawfully delivering a controlled

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substance to another and any user experiences great bodily
harm or permanent disability as a result of the injection,
inhalation, or ingestion of any amount of the controlled
substance.
(2) Knowingly administers to an individual or causes
him or her to take, without his or her consent or by threat
or deception, and for other than medical purposes, any
intoxicating, poisonous, stupefying, narcotic,
anesthetic, or controlled substance, or gives to another
person any food containing any substance or object
intended to cause physical injury if eaten.
(3) Knowingly causes or attempts to cause a
correctional institution employee or Department of Human
Services employee to come into contact with blood, seminal
fluid, urine, or feces by throwing, tossing, or expelling
the fluid or material, and the person is an inmate of a
penal institution or is a sexually dangerous person or
sexually violent person in the custody of the Department
of Human Services.
(h) Sentence. Unless otherwise provided, aggravated
battery is a Class 3 felony.
Aggravated battery as defined in subdivision (a)(4),
(d)(4), or (g)(3) is a Class 2 felony.
Aggravated battery as defined in subdivision (a)(3) or
(g)(1) is a Class 1 felony.
Aggravated battery as defined in subdivision (a)(1) is a

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Class 1 felony when the aggravated battery was intentional and
involved the infliction of torture, as defined in paragraph
(10) of subsection (b-5) of Section 5-8-1 of the Unified Code
of Corrections, as the infliction of or subjection to extreme
physical pain, motivated by an intent to increase or prolong
the pain, suffering, or agony of the victim.
Aggravated battery as defined in subdivision (a)(1) is a
Class 2 felony when the person causes great bodily harm or
permanent disability to an individual whom the person knows to
be a member of a congregation engaged in prayer or other
religious activities at a church, synagogue, mosque, or other
building, structure, or place used for religious worship.
Aggravated battery under subdivision (a)(5) is a Class 1
felony if:
(A) the person used or attempted to use a dangerous
instrument while committing the offense;
(B) the person caused great bodily harm or permanent
disability or disfigurement to the other person while
committing the offense; or
(C) the person has been previously convicted of a
violation of subdivision (a)(5) under the laws of this
State or laws similar to subdivision (a)(5) of any other
state.
Aggravated battery as defined in subdivision (a)(6) is a
Class 2 felony for which the person shall be sentenced to a
term of imprisonment of a minimum of 3 years and a maximum of

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20 years.
Aggravated battery as defined in subdivision (e)(1) is a
Class X felony.
Aggravated battery as defined in subdivision (a)(2) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 6 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(5) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 12 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(2),
(e)(3), or (e)(4) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 15 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (e)(6),
(e)(7), or (e)(8) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 20 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (b)(1) is a
Class X felony, except that:
(1) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of
imprisonment imposed by the court;
(2) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be

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added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(i) Definitions. In this Section:
"Building or other structure used to provide shelter" has
the meaning ascribed to "shelter" in Section 1 of the Domestic
Violence Shelters Act.
"Domestic violence" has the meaning ascribed to it in
Section 103 of the Illinois Domestic Violence Act of 1986.
"Domestic violence shelter" means any building or other
structure used to provide shelter or other services to victims
or to the dependent children of victims of domestic violence
pursuant to the Illinois Domestic Violence Act of 1986 or the
Domestic Violence Shelters Act, or any place within 500 feet
of such a building or other structure in the case of a person
who is going to or from such a building or other structure.
"Firearm" has the meaning provided under Section 1.1 of
the Firearm Owners Identification Card Act, and does not
include an air rifle as defined by Section 24.8-0.1 of this
Code.
"Machine gun" has the meaning ascribed to it in Section

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24-1 of this Code.
"Merchant" has the meaning ascribed to it in Section
16-0.1 of this Code.
"Strangle" means intentionally impeding the normal
breathing or circulation of the blood of an individual by
applying pressure on the throat or neck of that individual or
by blocking the nose or mouth of that individual.
(Source: P.A. 103-51, eff. 1-1-24.)
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.