Bill Text: IL HB0904 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Creates the offense of negligent vehicular homicide, a Class A misdemeanor. Provides that a person commits the offense if the person's negligent operation of a motor vehicle is a proximate cause of the death of another person. Provides that a person acts negligently within the meaning of the provision if he or she fails to be aware of a substantial and unjustifiable risk of death or injury to others, and that failure constitutes a substantial deviation from the standard of care which a reasonable person would exercise under the circumstances then prevailing. Provides that the finder of fact may consider statutes and ordinances regulating the defendant's conduct in determining whether he or she was culpably negligent.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB0904 Detail]

Download: Illinois-2009-HB0904-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0904 Introduced 2/10/2009, by Rep. Naomi D. Jakobsson SYNOPSIS AS INTRODUCED:
720 ILCS 5/9-3.4 new
Amends the Criminal Code of 1961. Creates the offense of negligent vehicular homicide, a Class A misdemeanor. Provides that a person commits the offense if the person's negligent operation of a motor vehicle is a proximate cause of the death of another person. Provides that a person acts negligently within the meaning of the provision if he or she fails to be aware of a substantial and unjustifiable risk of death or injury to others, and that failure constitutes a substantial deviation from the standard of care which a reasonable person would exercise under the circumstances then prevailing. Provides that the finder of fact may consider statutes and ordinances regulating the defendant's conduct in determining whether he or she was culpably negligent.
LRB096 10276 RLC 20446 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB0904 LRB096 10276 RLC 20446 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 1961 is amended by adding
Section 9-3.4 as follows:
(720 ILCS 5/9-3.4 new)
Sec. 9-3.4. Negligent vehicular homicide.
(a) A person commits the offense of negligent vehicular
homicide if the person's negligent operation of a motor vehicle
is a proximate cause of the death of another person.
(b) A person acts negligently within the meaning of this
Section if he or she fails to be aware of a substantial and
unjustifiable risk of death or injury to others, and that
failure constitutes a substantial deviation from the standard
of care that a reasonable person would exercise under the
circumstances then prevailing.
(c) The finder of fact may consider statutes and ordinances
regulating the defendant's conduct in determining whether he or
she was culpably negligent under subsection (a).
(d) Negligent vehicular homicide is a Class A misdemeanor.