Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0276 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0276 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 720 ILCS 5/9-3 from Ch. 38, par. 9-3 Amends the Criminal Code of 2012. Provides that, with certain exceptions in cases of reckless homicide involving the death of 2 or more persons as part of a single course of conduct, in cases involving reckless homicide in which the defendant: (1) was driving at a speed of more than 20 miles per hour in excess of the posted speed limit or (2) failed or refused to comply with a traffic control aide or device 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. Provides that in cases involving reckless homicide in which the offense was committed as a result of the defendant driving while the defendant's driver's license, permit, or privilege to operate a motor vehicle was suspended or revoked and the defendant caused the deaths of 2 or more persons as part of a single course of conduct, the penalty for reckless homicide 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. LRB104 03916 RLC 13940 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0276 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 720 ILCS 5/9-3 from Ch. 38, par. 9-3 720 ILCS 5/9-3 from Ch. 38, par. 9-3 Amends the Criminal Code of 2012. Provides that, with certain exceptions in cases of reckless homicide involving the death of 2 or more persons as part of a single course of conduct, in cases involving reckless homicide in which the defendant: (1) was driving at a speed of more than 20 miles per hour in excess of the posted speed limit or (2) failed or refused to comply with a traffic control aide or device 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. Provides that in cases involving reckless homicide in which the offense was committed as a result of the defendant driving while the defendant's driver's license, permit, or privilege to operate a motor vehicle was suspended or revoked and the defendant caused the deaths of 2 or more persons as part of a single course of conduct, the penalty for reckless homicide 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. LRB104 03916 RLC 13940 b LRB104 03916 RLC 13940 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0276 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
33 720 ILCS 5/9-3 from Ch. 38, par. 9-3 720 ILCS 5/9-3 from Ch. 38, par. 9-3
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55 Amends the Criminal Code of 2012. Provides that, with certain exceptions in cases of reckless homicide involving the death of 2 or more persons as part of a single course of conduct, in cases involving reckless homicide in which the defendant: (1) was driving at a speed of more than 20 miles per hour in excess of the posted speed limit or (2) failed or refused to comply with a traffic control aide or device 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. Provides that in cases involving reckless homicide in which the offense was committed as a result of the defendant driving while the defendant's driver's license, permit, or privilege to operate a motor vehicle was suspended or revoked and the defendant caused the deaths of 2 or more persons as part of a single course of conduct, the penalty for reckless homicide 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.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Criminal Code of 2012 is amended by
1515 5 changing Section 9-3 as follows:
1616 6 (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
1717 7 Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
1818 8 (a) A person who unintentionally kills an individual
1919 9 without lawful justification commits involuntary manslaughter
2020 10 if his acts whether lawful or unlawful which cause the death
2121 11 are such as are likely to cause death or great bodily harm to
2222 12 some individual, and he performs them recklessly, except in
2323 13 cases in which the cause of the death consists of the driving
2424 14 of a motor vehicle or operating a snowmobile, all-terrain
2525 15 vehicle, or watercraft, in which case the person commits
2626 16 reckless homicide. A person commits reckless homicide if he or
2727 17 she unintentionally kills an individual while driving a
2828 18 vehicle and using an incline in a roadway, such as a railroad
2929 19 crossing, bridge approach, or hill, to cause the vehicle to
3030 20 become airborne.
3131 21 (b) (Blank).
3232 22 (c) (Blank).
3333 23 (d) Sentence.
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0276 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
3838 720 ILCS 5/9-3 from Ch. 38, par. 9-3 720 ILCS 5/9-3 from Ch. 38, par. 9-3
3939 720 ILCS 5/9-3 from Ch. 38, par. 9-3
4040 Amends the Criminal Code of 2012. Provides that, with certain exceptions in cases of reckless homicide involving the death of 2 or more persons as part of a single course of conduct, in cases involving reckless homicide in which the defendant: (1) was driving at a speed of more than 20 miles per hour in excess of the posted speed limit or (2) failed or refused to comply with a traffic control aide or device 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. Provides that in cases involving reckless homicide in which the offense was committed as a result of the defendant driving while the defendant's driver's license, permit, or privilege to operate a motor vehicle was suspended or revoked and the defendant caused the deaths of 2 or more persons as part of a single course of conduct, the penalty for reckless homicide 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.
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6868 1 (1) Involuntary manslaughter is a Class 3 felony.
6969 2 (2) Reckless homicide is a Class 3 felony.
7070 3 (e) (Blank).
7171 4 (e-2) Except as provided in subsection (e-3), in cases
7272 5 involving reckless homicide in which the offense is committed
7373 6 upon a public thoroughfare where children pass going to and
7474 7 from school when a school crossing guard is performing
7575 8 official duties, the penalty is a Class 2 felony, for which a
7676 9 person, if sentenced to a term of imprisonment, shall be
7777 10 sentenced to a term of not less than 3 years and not more than
7878 11 14 years.
7979 12 (e-3) In cases involving reckless homicide in which (i)
8080 13 the offense is committed upon a public thoroughfare where
8181 14 children pass going to and from school when a school crossing
8282 15 guard is performing official duties and (ii) the defendant
8383 16 causes the deaths of 2 or more persons as part of a single
8484 17 course of conduct, the penalty is a Class 2 felony, for which a
8585 18 person, if sentenced to a term of imprisonment, shall be
8686 19 sentenced to a term of not less than 6 years and not more than
8787 20 28 years.
8888 21 (e-5) (Blank).
8989 22 (e-7) Except as otherwise provided in subsection (e-8), in
9090 23 cases involving reckless homicide in which the defendant: (1)
9191 24 was driving in a construction or maintenance zone, as defined
9292 25 in Section 11-605.1 of the Illinois Vehicle Code, or (2) was
9393 26 operating a vehicle while failing or refusing to comply with
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104104 1 any lawful order or direction of any authorized police officer
105105 2 or traffic control aide engaged in traffic control, (3) was
106106 3 driving at a speed of more than 20 miles per hour in excess of
107107 4 the posted speed limit, or (4) failed or refused to comply with
108108 5 a traffic control aide or device engaged in traffic control,
109109 6 the penalty is a Class 2 felony, for which a person, if
110110 7 sentenced to a term of imprisonment, shall be sentenced to a
111111 8 term of not less than 3 years and not more than 14 years.
112112 9 (e-8) In cases involving reckless homicide in which the
113113 10 defendant caused the deaths of 2 or more persons as part of a
114114 11 single course of conduct and: (1) was driving in a
115115 12 construction or maintenance zone, as defined in Section
116116 13 11-605.1 of the Illinois Vehicle Code, or (2) was operating a
117117 14 vehicle while failing or refusing to comply with any lawful
118118 15 order or direction of any authorized police officer or traffic
119119 16 control aide engaged in traffic control, the penalty is a
120120 17 Class 2 felony, for which a person, if sentenced to a term of
121121 18 imprisonment, shall be sentenced to a term of not less than 6
122122 19 years and not more than 28 years.
123123 20 (e-9) In cases involving reckless homicide in which the
124124 21 defendant drove a vehicle and used an incline in a roadway,
125125 22 such as a railroad crossing, bridge approach, or hill, to
126126 23 cause the vehicle to become airborne, and caused the deaths of
127127 24 2 or more persons as part of a single course of conduct, the
128128 25 penalty is a Class 2 felony.
129129 26 (e-10) In cases involving involuntary manslaughter or
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140140 1 reckless homicide resulting in the death of a peace officer
141141 2 killed in the performance of his or her duties as a peace
142142 3 officer, the penalty is a Class 2 felony.
143143 4 (e-11) In cases involving reckless homicide in which the
144144 5 defendant unintentionally kills an individual while driving in
145145 6 a posted school zone, as defined in Section 11-605 of the
146146 7 Illinois Vehicle Code, while children are present or in a
147147 8 construction or maintenance zone, as defined in Section
148148 9 11-605.1 of the Illinois Vehicle Code, when construction or
149149 10 maintenance workers are present the trier of fact may infer
150150 11 that the defendant's actions were performed recklessly where
151151 12 he or she was also either driving at a speed of more than 20
152152 13 miles per hour in excess of the posted speed limit or violating
153153 14 Section 11-501 of the Illinois Vehicle Code.
154154 15 (e-12) Except as otherwise provided in subsection (e-13),
155155 16 in cases involving reckless homicide in which the offense was
156156 17 committed as result of a violation of subsection (c) of
157157 18 Section 11-907 of the Illinois Vehicle Code, the penalty is a
158158 19 Class 2 felony, for which a person, if sentenced to a term of
159159 20 imprisonment, shall be sentenced to a term of not less than 3
160160 21 years and not more than 14 years.
161161 22 (e-13) In cases involving reckless homicide in which the
162162 23 offense was committed as result of a violation of subsection
163163 24 (c) of Section 11-907 of the Illinois Vehicle Code and the
164164 25 defendant caused the deaths of 2 or more persons as part of a
165165 26 single course of conduct, the penalty is a Class 2 felony, for
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176176 1 which a person, if sentenced to a term of imprisonment, shall
177177 2 be sentenced to a term of not less than 6 years and not more
178178 3 than 28 years.
179179 4 (e-14) In cases involving reckless homicide in which the
180180 5 defendant unintentionally kills an individual, the trier of
181181 6 fact may infer that the defendant's actions were performed
182182 7 recklessly where he or she was also violating subsection (c)
183183 8 of Section 11-907 of the Illinois Vehicle Code. The penalty
184184 9 for a reckless homicide in which the driver also violated
185185 10 subsection (c) of Section 11-907 of the Illinois Vehicle Code
186186 11 is a Class 2 felony, for which a person, if sentenced to a term
187187 12 of imprisonment, shall be sentenced to a term of not less than
188188 13 3 years and not more than 14 years.
189189 14 (e-15) In cases involving reckless homicide in which the
190190 15 defendant was operating a vehicle while failing or refusing to
191191 16 comply with subsection (c) of Section 11-907 of the Illinois
192192 17 Vehicle Code resulting in the death of a firefighter or
193193 18 emergency medical services personnel in the performance of his
194194 19 or her official duties, the penalty is a Class 2 felony.
195195 20 (e-16) In cases involving reckless homicide in which the
196196 21 offense was committed as a result of a violation of Section
197197 22 6-303 of the Illinois Vehicle Code and the defendant caused
198198 23 the deaths of 2 or more persons as part of a single course of
199199 24 conduct, the penalty is a Class 2 felony, for which a person,
200200 25 if sentenced to a term of imprisonment, shall be sentenced to a
201201 26 term of not less than 6 years and not more than 28 years.
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