CRIM CD-RECKLESS HOMICIDE

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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

SB0276
LRB104 03916 RLC 13940 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Criminal Code of 2012 is amended by
5
changing Section 9-3 as follows:

6

(720 ILCS 5/9-3)

(from Ch. 38, par. 9-3)
7

Sec. 9-3.
Involuntary Manslaughter and Reckless Homicide.
8

(a) A person who unintentionally kills an individual
9
without lawful justification commits involuntary manslaughter
10
if his acts whether lawful or unlawful which cause the death
11
are such as are likely to cause death or great bodily harm to
12
some individual, and he performs them recklessly, except in
13
cases in which the cause of the death consists of the driving
14
of a motor vehicle or operating a snowmobile, all-terrain
15
vehicle, or watercraft, in which case the person commits
16
reckless homicide. A person commits reckless homicide if he or
17
she unintentionally kills an individual while driving a
18
vehicle and using an incline in a roadway, such as a railroad
19
crossing, bridge approach, or hill, to cause the vehicle to
20
become airborne.
21

(b) (Blank).
22

(c) (Blank).
23

(d) Sentence.

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LRB104 03916 RLC 13940 b
1

(1) Involuntary manslaughter is a Class 3 felony.
2

(2) Reckless homicide is a Class 3 felony.
3

(e) (Blank).
4

(e-2) Except as provided in subsection (e-3), in cases
5
involving reckless homicide in which the offense is committed
6
upon a public thoroughfare where children pass going to and
7
from school when a school crossing guard is performing
8
official duties, the penalty is a Class 2 felony, for which a
9
person, if sentenced to a term of imprisonment, shall be
10
sentenced to a term of not less than 3 years and not more than
11
14 years.
12

(e-3) In cases involving reckless homicide in which (i)
13
the offense is committed upon a public thoroughfare where
14
children pass going to and from school when a school crossing
15
guard is performing official duties and (ii) the defendant
16
causes the deaths of 2 or more persons as part of a single
17
course of conduct, the penalty is a Class 2 felony, for which a
18
person, if sentenced to a term of imprisonment, shall be
19
sentenced to a term of not less than 6 years and not more than
20
28 years.
21

(e-5) (Blank).
22

(e-7) Except as otherwise provided in subsection (e-8), in
23
cases involving reckless homicide in which the defendant: (1)
24
was driving in a construction or maintenance zone, as defined
25
in Section 11-605.1 of the Illinois Vehicle Code,
or
(2) was
26
operating a vehicle while failing or refusing to comply with

SB0276
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LRB104 03916 RLC 13940 b
1
any lawful order or direction of any authorized police officer
2
or traffic control aide engaged in traffic control
, (3) was
3
driving at a speed of more than 20 miles per hour in excess of
4
the posted speed limit, or (4) failed or refused to comply with
5
a traffic control aide or device engaged in traffic control
,
6
the penalty is a Class 2 felony, for which a person, if
7
sentenced to a term of imprisonment, shall be sentenced to a
8
term of not less than 3 years and not more than 14 years.
9

(e-8) In cases involving reckless homicide in which the
10
defendant caused the deaths of 2 or more persons as part of a
11
single course of conduct and: (1) was driving in a
12
construction or maintenance zone, as defined in Section
13
11-605.1 of the Illinois Vehicle Code, or (2) was operating a
14
vehicle while failing or refusing to comply with any lawful
15
order or direction of any authorized police officer or traffic
16
control aide engaged in traffic control, the penalty is a
17
Class 2 felony, for which a person, if sentenced to a term of
18
imprisonment, shall be sentenced to a term of not less than 6
19
years and not more than 28 years.
20

(e-9) In cases involving reckless homicide in which the
21
defendant drove a vehicle and used an incline in a roadway,
22
such as a railroad crossing, bridge approach, or hill, to
23
cause the vehicle to become airborne, and caused the deaths of
24
2 or more persons as part of a single course of conduct, the
25
penalty is a Class 2 felony.
26

(e-10) In cases involving involuntary manslaughter or

SB0276
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LRB104 03916 RLC 13940 b
1
reckless homicide resulting in the death of a peace officer
2
killed in the performance of his or her duties as a peace
3
officer, the penalty is a Class 2 felony.
4

(e-11) In cases involving reckless homicide in which the
5
defendant unintentionally kills an individual while driving in
6
a posted school zone, as defined in Section 11-605 of the
7
Illinois Vehicle Code, while children are present or in a
8
construction or maintenance zone, as defined in Section
9
11-605.1 of the Illinois Vehicle Code, when construction or
10
maintenance workers are present the trier of fact may infer
11
that the defendant's actions were performed recklessly where
12
he or she was also either driving at a speed of more than 20
13
miles per hour in excess of the posted speed limit or violating
14
Section 11-501 of the Illinois Vehicle Code.
15

(e-12) Except as otherwise provided in subsection (e-13),
16
in cases involving reckless homicide in which the offense was
17
committed as result of a violation of subsection (c) of
18
Section 11-907 of the Illinois Vehicle Code, the penalty is a
19
Class 2 felony, for which a person, if sentenced to a term of
20
imprisonment, shall be sentenced to a term of not less than 3
21
years and not more than 14 years.
22

(e-13) In cases involving reckless homicide in which the
23
offense was committed as result of a violation of subsection
24
(c) of Section 11-907 of the Illinois Vehicle Code and the
25
defendant caused the deaths of 2 or more persons as part of a
26
single course of conduct, the penalty is a Class 2 felony, for

SB0276
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LRB104 03916 RLC 13940 b
1
which a person, if sentenced to a term of imprisonment, shall
2
be sentenced to a term of not less than 6 years and not more
3
than 28 years.
4

(e-14) In cases involving reckless homicide in which the
5
defendant unintentionally kills an individual, the trier of
6
fact may infer that the defendant's actions were performed
7
recklessly where he or she was also violating subsection (c)
8
of Section 11-907 of the Illinois Vehicle Code. The penalty
9
for a reckless homicide in which the driver also violated
10
subsection (c) of Section 11-907 of the Illinois Vehicle Code
11
is a Class 2 felony, for which a person, if sentenced to a term
12
of imprisonment, shall be sentenced to a term of not less than
13
3 years and not more than 14 years.
14

(e-15) In cases involving reckless homicide in which the
15
defendant was operating a vehicle while failing or refusing to
16
comply with subsection (c) of Section 11-907 of the Illinois
17
Vehicle Code resulting in the death of a firefighter or
18
emergency medical services personnel in the performance of his
19
or her official duties, the penalty is a Class 2 felony.
20

(e-16) In cases involving reckless homicide in which the
21
offense was committed as a result of a violation of Section
22
6-303 of the Illinois Vehicle Code and the defendant caused
23
the deaths of 2 or more persons as part of a single course of
24
conduct, the penalty is a Class 2 felony, for which a person,
25
if sentenced to a term of imprisonment, shall be sentenced to a
26
term of not less than 6 years and not more than 28 years.

SB0276
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LRB104 03916 RLC 13940 b
1

(f) In cases involving involuntary manslaughter in which
2
the victim was a family or household member as defined in
3
paragraph (3) of Section 112A-3 of the Code of Criminal
4
Procedure of 1963, the penalty shall be a Class 2 felony, for
5
which a person if sentenced to a term of imprisonment, shall be
6
sentenced to a term of not less than 3 years and not more than
7
14 years.
8
(Source: P.A. 101-173, eff. 1-1-20
.)

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