1 | 1 | | 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 |
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2 | 2 | | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB0276 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: |
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3 | 3 | | 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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4 | 4 | | 720 ILCS 5/9-3 from Ch. 38, par. 9-3 |
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5 | 5 | | 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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6 | 6 | | LRB104 03916 RLC 13940 b LRB104 03916 RLC 13940 b |
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7 | 7 | | LRB104 03916 RLC 13940 b |
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8 | 8 | | A BILL FOR |
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9 | 9 | | SB0276LRB104 03916 RLC 13940 b SB0276 LRB104 03916 RLC 13940 b |
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10 | 10 | | SB0276 LRB104 03916 RLC 13940 b |
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11 | 11 | | 1 AN ACT concerning criminal law. |
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12 | 12 | | 2 Be it enacted by the People of the State of Illinois, |
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13 | 13 | | 3 represented in the General Assembly: |
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14 | 14 | | 4 Section 5. The Criminal Code of 2012 is amended by |
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15 | 15 | | 5 changing Section 9-3 as follows: |
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16 | 16 | | 6 (720 ILCS 5/9-3) (from Ch. 38, par. 9-3) |
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17 | 17 | | 7 Sec. 9-3. Involuntary Manslaughter and Reckless Homicide. |
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18 | 18 | | 8 (a) A person who unintentionally kills an individual |
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19 | 19 | | 9 without lawful justification commits involuntary manslaughter |
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20 | 20 | | 10 if his acts whether lawful or unlawful which cause the death |
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21 | 21 | | 11 are such as are likely to cause death or great bodily harm to |
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22 | 22 | | 12 some individual, and he performs them recklessly, except in |
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23 | 23 | | 13 cases in which the cause of the death consists of the driving |
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24 | 24 | | 14 of a motor vehicle or operating a snowmobile, all-terrain |
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25 | 25 | | 15 vehicle, or watercraft, in which case the person commits |
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26 | 26 | | 16 reckless homicide. A person commits reckless homicide if he or |
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27 | 27 | | 17 she unintentionally kills an individual while driving a |
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28 | 28 | | 18 vehicle and using an incline in a roadway, such as a railroad |
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29 | 29 | | 19 crossing, bridge approach, or hill, to cause the vehicle to |
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30 | 30 | | 20 become airborne. |
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31 | 31 | | 21 (b) (Blank). |
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32 | 32 | | 22 (c) (Blank). |
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33 | 33 | | 23 (d) Sentence. |
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36 | 36 | | |
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37 | 37 | | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB0276 Introduced 1/24/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: |
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38 | 38 | | 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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39 | 39 | | 720 ILCS 5/9-3 from Ch. 38, par. 9-3 |
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40 | 40 | | 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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41 | 41 | | LRB104 03916 RLC 13940 b LRB104 03916 RLC 13940 b |
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42 | 42 | | LRB104 03916 RLC 13940 b |
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43 | 43 | | A BILL FOR |
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46 | 46 | | |
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47 | 47 | | |
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48 | 48 | | |
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49 | 49 | | 720 ILCS 5/9-3 from Ch. 38, par. 9-3 |
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52 | 52 | | |
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53 | 53 | | LRB104 03916 RLC 13940 b |
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62 | 62 | | |
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63 | 63 | | SB0276 LRB104 03916 RLC 13940 b |
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66 | 66 | | SB0276- 2 -LRB104 03916 RLC 13940 b SB0276 - 2 - LRB104 03916 RLC 13940 b |
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67 | 67 | | SB0276 - 2 - LRB104 03916 RLC 13940 b |
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68 | 68 | | 1 (1) Involuntary manslaughter is a Class 3 felony. |
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69 | 69 | | 2 (2) Reckless homicide is a Class 3 felony. |
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70 | 70 | | 3 (e) (Blank). |
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71 | 71 | | 4 (e-2) Except as provided in subsection (e-3), in cases |
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72 | 72 | | 5 involving reckless homicide in which the offense is committed |
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73 | 73 | | 6 upon a public thoroughfare where children pass going to and |
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74 | 74 | | 7 from school when a school crossing guard is performing |
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75 | 75 | | 8 official duties, the penalty is a Class 2 felony, for which a |
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76 | 76 | | 9 person, if sentenced to a term of imprisonment, shall be |
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77 | 77 | | 10 sentenced to a term of not less than 3 years and not more than |
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78 | 78 | | 11 14 years. |
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79 | 79 | | 12 (e-3) In cases involving reckless homicide in which (i) |
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80 | 80 | | 13 the offense is committed upon a public thoroughfare where |
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81 | 81 | | 14 children pass going to and from school when a school crossing |
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82 | 82 | | 15 guard is performing official duties and (ii) the defendant |
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83 | 83 | | 16 causes the deaths of 2 or more persons as part of a single |
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84 | 84 | | 17 course of conduct, the penalty is a Class 2 felony, for which a |
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85 | 85 | | 18 person, if sentenced to a term of imprisonment, shall be |
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86 | 86 | | 19 sentenced to a term of not less than 6 years and not more than |
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87 | 87 | | 20 28 years. |
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88 | 88 | | 21 (e-5) (Blank). |
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89 | 89 | | 22 (e-7) Except as otherwise provided in subsection (e-8), in |
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90 | 90 | | 23 cases involving reckless homicide in which the defendant: (1) |
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91 | 91 | | 24 was driving in a construction or maintenance zone, as defined |
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92 | 92 | | 25 in Section 11-605.1 of the Illinois Vehicle Code, or (2) was |
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93 | 93 | | 26 operating a vehicle while failing or refusing to comply with |
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98 | 98 | | |
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99 | 99 | | SB0276 - 2 - LRB104 03916 RLC 13940 b |
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102 | 102 | | SB0276- 3 -LRB104 03916 RLC 13940 b SB0276 - 3 - LRB104 03916 RLC 13940 b |
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103 | 103 | | SB0276 - 3 - LRB104 03916 RLC 13940 b |
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104 | 104 | | 1 any lawful order or direction of any authorized police officer |
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105 | 105 | | 2 or traffic control aide engaged in traffic control, (3) was |
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106 | 106 | | 3 driving at a speed of more than 20 miles per hour in excess of |
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107 | 107 | | 4 the posted speed limit, or (4) failed or refused to comply with |
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108 | 108 | | 5 a traffic control aide or device engaged in traffic control, |
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109 | 109 | | 6 the penalty is a Class 2 felony, for which a person, if |
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110 | 110 | | 7 sentenced to a term of imprisonment, shall be sentenced to a |
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111 | 111 | | 8 term of not less than 3 years and not more than 14 years. |
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112 | 112 | | 9 (e-8) In cases involving reckless homicide in which the |
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113 | 113 | | 10 defendant caused the deaths of 2 or more persons as part of a |
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114 | 114 | | 11 single course of conduct and: (1) was driving in a |
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115 | 115 | | 12 construction or maintenance zone, as defined in Section |
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116 | 116 | | 13 11-605.1 of the Illinois Vehicle Code, or (2) was operating a |
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117 | 117 | | 14 vehicle while failing or refusing to comply with any lawful |
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118 | 118 | | 15 order or direction of any authorized police officer or traffic |
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119 | 119 | | 16 control aide engaged in traffic control, the penalty is a |
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120 | 120 | | 17 Class 2 felony, for which a person, if sentenced to a term of |
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121 | 121 | | 18 imprisonment, shall be sentenced to a term of not less than 6 |
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122 | 122 | | 19 years and not more than 28 years. |
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123 | 123 | | 20 (e-9) In cases involving reckless homicide in which the |
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124 | 124 | | 21 defendant drove a vehicle and used an incline in a roadway, |
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125 | 125 | | 22 such as a railroad crossing, bridge approach, or hill, to |
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126 | 126 | | 23 cause the vehicle to become airborne, and caused the deaths of |
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127 | 127 | | 24 2 or more persons as part of a single course of conduct, the |
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128 | 128 | | 25 penalty is a Class 2 felony. |
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129 | 129 | | 26 (e-10) In cases involving involuntary manslaughter or |
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134 | 134 | | |
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135 | 135 | | SB0276 - 3 - LRB104 03916 RLC 13940 b |
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138 | 138 | | SB0276- 4 -LRB104 03916 RLC 13940 b SB0276 - 4 - LRB104 03916 RLC 13940 b |
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139 | 139 | | SB0276 - 4 - LRB104 03916 RLC 13940 b |
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140 | 140 | | 1 reckless homicide resulting in the death of a peace officer |
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141 | 141 | | 2 killed in the performance of his or her duties as a peace |
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142 | 142 | | 3 officer, the penalty is a Class 2 felony. |
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143 | 143 | | 4 (e-11) In cases involving reckless homicide in which the |
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144 | 144 | | 5 defendant unintentionally kills an individual while driving in |
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145 | 145 | | 6 a posted school zone, as defined in Section 11-605 of the |
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146 | 146 | | 7 Illinois Vehicle Code, while children are present or in a |
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147 | 147 | | 8 construction or maintenance zone, as defined in Section |
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148 | 148 | | 9 11-605.1 of the Illinois Vehicle Code, when construction or |
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149 | 149 | | 10 maintenance workers are present the trier of fact may infer |
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150 | 150 | | 11 that the defendant's actions were performed recklessly where |
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151 | 151 | | 12 he or she was also either driving at a speed of more than 20 |
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152 | 152 | | 13 miles per hour in excess of the posted speed limit or violating |
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153 | 153 | | 14 Section 11-501 of the Illinois Vehicle Code. |
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154 | 154 | | 15 (e-12) Except as otherwise provided in subsection (e-13), |
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155 | 155 | | 16 in cases involving reckless homicide in which the offense was |
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156 | 156 | | 17 committed as result of a violation of subsection (c) of |
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157 | 157 | | 18 Section 11-907 of the Illinois Vehicle Code, the penalty is a |
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158 | 158 | | 19 Class 2 felony, for which a person, if sentenced to a term of |
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159 | 159 | | 20 imprisonment, shall be sentenced to a term of not less than 3 |
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160 | 160 | | 21 years and not more than 14 years. |
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161 | 161 | | 22 (e-13) In cases involving reckless homicide in which the |
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162 | 162 | | 23 offense was committed as result of a violation of subsection |
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163 | 163 | | 24 (c) of Section 11-907 of the Illinois Vehicle Code and the |
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164 | 164 | | 25 defendant caused the deaths of 2 or more persons as part of a |
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165 | 165 | | 26 single course of conduct, the penalty is a Class 2 felony, for |
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166 | 166 | | |
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170 | 170 | | |
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171 | 171 | | SB0276 - 4 - LRB104 03916 RLC 13940 b |
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174 | 174 | | SB0276- 5 -LRB104 03916 RLC 13940 b SB0276 - 5 - LRB104 03916 RLC 13940 b |
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175 | 175 | | SB0276 - 5 - LRB104 03916 RLC 13940 b |
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176 | 176 | | 1 which a person, if sentenced to a term of imprisonment, shall |
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177 | 177 | | 2 be sentenced to a term of not less than 6 years and not more |
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178 | 178 | | 3 than 28 years. |
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179 | 179 | | 4 (e-14) In cases involving reckless homicide in which the |
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180 | 180 | | 5 defendant unintentionally kills an individual, the trier of |
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181 | 181 | | 6 fact may infer that the defendant's actions were performed |
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182 | 182 | | 7 recklessly where he or she was also violating subsection (c) |
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183 | 183 | | 8 of Section 11-907 of the Illinois Vehicle Code. The penalty |
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184 | 184 | | 9 for a reckless homicide in which the driver also violated |
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185 | 185 | | 10 subsection (c) of Section 11-907 of the Illinois Vehicle Code |
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186 | 186 | | 11 is a Class 2 felony, for which a person, if sentenced to a term |
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187 | 187 | | 12 of imprisonment, shall be sentenced to a term of not less than |
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188 | 188 | | 13 3 years and not more than 14 years. |
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189 | 189 | | 14 (e-15) In cases involving reckless homicide in which the |
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190 | 190 | | 15 defendant was operating a vehicle while failing or refusing to |
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191 | 191 | | 16 comply with subsection (c) of Section 11-907 of the Illinois |
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192 | 192 | | 17 Vehicle Code resulting in the death of a firefighter or |
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193 | 193 | | 18 emergency medical services personnel in the performance of his |
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194 | 194 | | 19 or her official duties, the penalty is a Class 2 felony. |
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195 | 195 | | 20 (e-16) In cases involving reckless homicide in which the |
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196 | 196 | | 21 offense was committed as a result of a violation of Section |
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197 | 197 | | 22 6-303 of the Illinois Vehicle Code and the defendant caused |
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198 | 198 | | 23 the deaths of 2 or more persons as part of a single course of |
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199 | 199 | | 24 conduct, the penalty is a Class 2 felony, for which a person, |
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200 | 200 | | 25 if sentenced to a term of imprisonment, shall be sentenced to a |
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201 | 201 | | 26 term of not less than 6 years and not more than 28 years. |
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207 | 207 | | SB0276 - 5 - LRB104 03916 RLC 13940 b |
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210 | 210 | | SB0276- 6 -LRB104 03916 RLC 13940 b SB0276 - 6 - LRB104 03916 RLC 13940 b |
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211 | 211 | | SB0276 - 6 - LRB104 03916 RLC 13940 b |
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217 | 217 | | SB0276 - 6 - LRB104 03916 RLC 13940 b |
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