Full Text of SB1764 98th General Assembly
SB1764enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 6-303 and 11-501 as follows:
| 6 | | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| 7 | | Sec. 6-303. Driving while driver's license, permit or | 8 | | privilege to
operate a motor vehicle is suspended or revoked.
| 9 | | (a) Except as otherwise provided in subsection (a-5), any | 10 | | person who drives or is in actual physical control of a motor
| 11 | | vehicle on any highway of this State at a time when such | 12 | | person's driver's
license, permit or privilege to do so or the | 13 | | privilege to obtain a driver's
license or permit is revoked or | 14 | | suspended as provided by this Code or the law
of another state, | 15 | | except as may be specifically allowed by a judicial driving
| 16 | | permit issued prior to January 1, 2009, monitoring device | 17 | | driving permit, family financial responsibility driving | 18 | | permit, probationary
license to drive, or a restricted driving | 19 | | permit issued pursuant to this Code
or under the law of another | 20 | | state, shall be guilty of a Class A misdemeanor.
| 21 | | (a-5) Any person who violates this Section as provided in | 22 | | subsection (a) while his or her driver's license, permit or | 23 | | privilege is revoked because of a violation of Section 9-3 of |
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| 1 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 2 | | relating to the offense of reckless homicide or a similar | 3 | | provision of a law of another state, is guilty of a Class 4 | 4 | | felony. The person shall be required to undergo a professional | 5 | | evaluation, as provided in Section 11-501 of this Code, to | 6 | | determine if an alcohol, drug, or intoxicating compound problem | 7 | | exists and the extent of the problem, and to undergo the | 8 | | imposition of treatment as appropriate.
| 9 | | (a-10) A person's driver's license, permit, or privilege to | 10 | | obtain a driver's license or permit may be subject to multiple | 11 | | revocations, multiple suspensions, or any combination of both | 12 | | simultaneously. No revocation or suspension shall serve to | 13 | | negate, invalidate, cancel, postpone, or in any way lessen the | 14 | | effect of any other revocation or suspension entered prior or | 15 | | subsequent to any other revocation or suspension. | 16 | | (b) (Blank). | 17 | | (b-1) Upon receiving a report of the conviction of any | 18 | | violation indicating a person was operating a motor vehicle | 19 | | during the time when the person's driver's license, permit or | 20 | | privilege was suspended by the Secretary of State or the | 21 | | driver's licensing administrator of another state, except as | 22 | | specifically allowed by a probationary license, judicial | 23 | | driving permit, restricted driving permit or monitoring device | 24 | | driving permit the Secretary shall extend the suspension for | 25 | | the same period of time as the originally imposed suspension | 26 | | unless the suspension has already expired, in which case the |
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| 1 | | Secretary shall be authorized to suspend the person's driving | 2 | | privileges for the same period of time as the originally | 3 | | imposed suspension. | 4 | | (b-2) Except as provided in subsection (b-6), upon | 5 | | receiving a report of the conviction of any violation | 6 | | indicating a person was operating a motor vehicle when the | 7 | | person's driver's license, permit or privilege was revoked by | 8 | | the Secretary of State or the driver's license administrator of | 9 | | any other state, except as specifically allowed by a restricted | 10 | | driving permit issued pursuant to this Code or the law of | 11 | | another state, the Secretary shall not issue a driver's license | 12 | | for an additional period of one year from the date of such | 13 | | conviction indicating such person was operating a vehicle | 14 | | during such period of revocation. | 15 | | (b-3) (Blank).
| 16 | | (b-4) When the Secretary of State receives a report of a | 17 | | conviction of any violation indicating a person was operating a | 18 | | motor vehicle that was not equipped with an ignition interlock | 19 | | device during a time when the person was prohibited from | 20 | | operating a motor vehicle not equipped with such a device, the | 21 | | Secretary shall not issue a driver's license to that person for | 22 | | an additional period of one year from the date of the | 23 | | conviction.
| 24 | | (b-5) Any person convicted of violating this Section shall | 25 | | serve a minimum
term of imprisonment of 30 consecutive days or | 26 | | 300
hours of community service
when the person's driving |
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| 1 | | privilege was revoked or suspended as a result of a violation | 2 | | of Section 9-3 of the Criminal Code of 1961 or the Criminal | 3 | | Code of 2012,
relating to the offense of reckless homicide, or | 4 | | a similar provision of a law of another state.
| 5 | | (b-6) Upon receiving a report of a first conviction of | 6 | | operating a motor vehicle while the person's driver's license, | 7 | | permit or privilege was revoked where the revocation was for a | 8 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 9 | | Criminal Code of 2012 relating to the offense of reckless | 10 | | homicide or a similar out-of-state offense, the Secretary shall | 11 | | not issue a driver's license for an additional period of three | 12 | | years from the date of such conviction. | 13 | | (c) Except as provided in subsections (c-3) and (c-4), any | 14 | | person convicted of violating this Section shall serve a | 15 | | minimum
term of imprisonment of 10 consecutive days or 30
days | 16 | | of community service
when the person's driving privilege was | 17 | | revoked or suspended as a result of:
| 18 | | (1) a violation of Section 11-501 of this Code or a | 19 | | similar provision
of a local ordinance relating to the | 20 | | offense of operating or being in physical
control of a | 21 | | vehicle while under the influence of alcohol, any other | 22 | | drug
or any combination thereof; or
| 23 | | (2) a violation of paragraph (b) of Section 11-401 of | 24 | | this Code or a
similar provision of a local ordinance | 25 | | relating to the offense of leaving the
scene of a motor | 26 | | vehicle accident involving personal injury or death; or
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| 1 | | (3)
a statutory summary suspension or revocation under | 2 | | Section 11-501.1 of this
Code.
| 3 | | Such sentence of imprisonment or community service shall | 4 | | not be subject
to suspension in order to reduce such sentence.
| 5 | | (c-1) Except as provided in subsections (c-5) and (d), any | 6 | | person convicted of a
second violation of this Section shall be | 7 | | ordered by the court to serve a
minimum
of 100 hours of | 8 | | community service.
| 9 | | (c-2) In addition to other penalties imposed under this | 10 | | Section, the
court may impose on any person convicted a fourth | 11 | | time of violating this
Section any of
the following:
| 12 | | (1) Seizure of the license plates of the person's | 13 | | vehicle.
| 14 | | (2) Immobilization of the person's vehicle for a period | 15 | | of time
to be determined by the court.
| 16 | | (c-3) Any person convicted of a violation of this Section | 17 | | during a period of summary suspension imposed pursuant to | 18 | | Section 11-501.1 when the person was eligible for a MDDP shall | 19 | | be guilty of a Class 4 felony and shall serve a minimum term of | 20 | | imprisonment of 30 days. | 21 | | (c-4) Any person who has been issued a MDDP and who is | 22 | | convicted of a violation of this Section as a result of | 23 | | operating or being in actual physical control of a motor | 24 | | vehicle not equipped with an ignition interlock device at the | 25 | | time of the offense shall be guilty of a Class 4 felony and | 26 | | shall serve a minimum term of imprisonment of 30 days.
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| 1 | | (c-5) Any person convicted of a second violation of this
| 2 | | Section is guilty of a Class 2 felony, is not eligible for | 3 | | probation or conditional discharge, and shall serve a mandatory | 4 | | term of
imprisonment, if : | 5 | | (1) the current violation occurred when the person's | 6 | | driver's license was suspended or revoked the
revocation or
| 7 | | suspension was for a violation of Section 9-3 of the | 8 | | Criminal Code of 1961 or the Criminal Code of 2012, | 9 | | relating
to the offense of reckless homicide, or a similar | 10 | | out-of-state offense ; and | 11 | | (2) the prior conviction under this Section occurred | 12 | | while the person's driver's license was suspended or | 13 | | revoked for a violation of Section 9-3 of the Criminal Code | 14 | | of 1961 or the Criminal Code of 2012 relating to the | 15 | | offense of reckless homicide, or a similar out-of-state | 16 | | offense, or was suspended or revoked for a violation of | 17 | | Section 11-401 or 11-501 of this Code, a similar | 18 | | out-of-state offense, a similar provision of a local | 19 | | ordinance, or a statutory summary suspension or revocation | 20 | | under Section 11-501.1 of this Code .
| 21 | | (d) Any person convicted of a second violation of this
| 22 | | Section shall be guilty of a Class 4 felony and shall serve a | 23 | | minimum term of
imprisonment of 30 days or 300 hours of | 24 | | community service, as determined by the
court, if : | 25 | | (1) the current violation occurred when the person's | 26 | | driver's license was suspended or revoked the original
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| 1 | | revocation or
suspension was for a violation of Section | 2 | | 11-401 or 11-501 of this Code,
or a similar out-of-state | 3 | | offense, or a similar provision of a local
ordinance, or a
| 4 | | statutory summary suspension or revocation under Section | 5 | | 11-501.1 of this Code ; and | 6 | | (2) the prior conviction under this Section occurred | 7 | | while the person's driver's license was suspended or | 8 | | revoked for a violation of Section 11-401 or 11-501 of this | 9 | | Code, a similar out-of-state offense, a similar provision | 10 | | of a local ordinance, or a statutory summary suspension or | 11 | | revocation under Section 11-501.1 of this Code, or for a | 12 | | violation of Section 9-3 of the Criminal Code of 1961 or | 13 | | the Criminal Code of 2012, relating to the offense of | 14 | | reckless homicide, or a similar out-of-state offense .
| 15 | | (d-1) Except as provided in subsections (d-2), (d-2.5), and | 16 | | (d-3), any
person convicted of
a third or subsequent violation | 17 | | of this Section shall serve a minimum term of
imprisonment of | 18 | | 30 days or 300 hours of community service, as determined by the
| 19 | | court.
| 20 | | (d-2) Any person convicted of a third violation of this
| 21 | | Section is guilty of a Class 4 felony and must serve a minimum | 22 | | term of
imprisonment of 30 days , if : | 23 | | (1) the current violation occurred when the person's | 24 | | driver's license was suspended or revoked the revocation or
| 25 | | suspension was for a violation of Section 11-401 or 11-501 | 26 | | of this Code,
or a similar out-of-state offense, or a |
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| 1 | | similar provision of a local
ordinance, or a
statutory | 2 | | summary suspension or revocation under Section 11-501.1 of | 3 | | this Code ; and | 4 | | (2) the prior convictions under this Section occurred | 5 | | while the person's driver's license was suspended or | 6 | | revoked for a violation of Section 11-401 or 11-501 of this | 7 | | Code, a similar out-of-state offense, a similar provision | 8 | | of a local ordinance, or a statutory summary suspension or | 9 | | revocation under Section 11-501.1 of this Code, or for a | 10 | | violation of Section 9-3 of the Criminal Code of 1961 or | 11 | | the Criminal Code of 2012, relating to the offense of | 12 | | reckless homicide, or a similar out-of-state offense .
| 13 | | (d-2.5) Any person convicted of a third violation of this
| 14 | | Section is guilty of a Class 1 felony, is not eligible for | 15 | | probation or conditional discharge, and must serve a mandatory | 16 | | term of
imprisonment , if : | 17 | | (1) the current violation occurred while the person's | 18 | | driver's license was suspended or revoked the revocation or
| 19 | | suspension was for a violation of Section 9-3 of the | 20 | | Criminal Code of 1961 or the Criminal Code of 2012, | 21 | | relating to the offense of reckless homicide, or a similar | 22 | | out-of-state offense.
The person's driving privileges | 23 | | shall be revoked for the remainder of the person's life ; | 24 | | and | 25 | | (2) the prior convictions under this Section occurred | 26 | | while the person's driver's license was suspended or |
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| 1 | | revoked for a violation of Section 9-3 of the Criminal Code | 2 | | of 1961 or the Criminal Code of 2012, relating to the | 3 | | offense of reckless homicide, or a similar out-of-state | 4 | | offense, or was suspended or revoked for a violation of | 5 | | Section 11-401 or 11-501 of this Code, a similar | 6 | | out-of-state offense, a similar provision of a local | 7 | | ordinance, or a statutory summary suspension or revocation | 8 | | under Section 11-501.1 of this Code . | 9 | | (d-3) Any person convicted of a fourth, fifth, sixth, | 10 | | seventh, eighth, or ninth violation of this
Section is guilty | 11 | | of a Class 4 felony and must serve a minimum term of
| 12 | | imprisonment of 180 days , if : | 13 | | (1) the current violation occurred when the person's | 14 | | driver's license was suspended or revoked the revocation or | 15 | | suspension was for a
violation of Section 11-401 or 11-501 | 16 | | of this Code, or a similar out-of-state
offense, or a | 17 | | similar provision of a local ordinance, or a statutory
| 18 | | summary suspension or revocation under Section 11-501.1 of | 19 | | this Code ; and | 20 | | (2) the prior convictions under this Section occurred | 21 | | while the person's driver's license was suspended or | 22 | | revoked for a violation of Section 11-401 or 11-501 of this | 23 | | Code, a similar out-of-state offense, a similar provision | 24 | | of a local ordinance, or a statutory summary suspension or | 25 | | revocation under Section 11-501.1 of this Code, or for a | 26 | | violation of Section 9-3 of the Criminal Code of 1961 or |
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| 1 | | the Criminal Code of 2012, relating to the offense of | 2 | | reckless homicide, or a similar out-of-state offense .
| 3 | | (d-3.5) Any person convicted of a fourth or subsequent | 4 | | violation of this
Section is guilty of a Class 1 felony, is not | 5 | | eligible for probation or conditional discharge, and must serve | 6 | | a mandatory term of
imprisonment, and is eligible for an | 7 | | extended term, if : | 8 | | (1) the current violation occurred when the person's | 9 | | driver's license was suspended or revoked the revocation or | 10 | | suspension was for a
violation of Section 9-3 of the | 11 | | Criminal Code of 1961 or the Criminal Code of 2012, | 12 | | relating to the offense of reckless homicide, or a similar | 13 | | out-of-state offense ; and | 14 | | (2) the prior convictions under this Section occurred | 15 | | while the person's driver's license was suspended or | 16 | | revoked for a violation of Section 9-3 of the Criminal Code | 17 | | of 1961 or the Criminal Code of 2012, relating to the | 18 | | offense of reckless homicide, or a similar out-of-state | 19 | | offense, or was suspended or revoked for a violation of | 20 | | Section 11-401 or 11-501 of this Code, a similar | 21 | | out-of-state offense, a similar provision of a local | 22 | | ordinance, or a statutory summary suspension or revocation | 23 | | under Section 11-501.1 of this Code .
| 24 | | (d-4) Any person convicted of a tenth, eleventh, twelfth, | 25 | | thirteenth, or fourteenth violation of this Section is guilty | 26 | | of a Class 3 felony, and is not eligible for probation or |
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| 1 | | conditional discharge, if : | 2 | | (1) the current violation occurred when the person's | 3 | | driver's license was suspended or revoked the revocation or | 4 | | suspension was for a violation of Section 11-401 or 11-501 | 5 | | of this Code, or a similar out-of-state offense, or a | 6 | | similar provision of a local ordinance, or a statutory | 7 | | summary suspension or revocation under Section 11-501.1 of | 8 | | this Code ; and | 9 | | (2) the prior convictions under this Section occurred | 10 | | while the person's driver's license was suspended or | 11 | | revoked for a violation of Section 11-401 or 11-501 of this | 12 | | Code, a similar out-of-state offense, a similar provision | 13 | | of a local ordinance, or a statutory suspension or | 14 | | revocation under Section 11-501.1 of this Code, or for a | 15 | | violation of Section 9-3 of the Criminal Code of 1961 or | 16 | | the Criminal Code of 2012, relating to the offense of | 17 | | reckless homicide, or a similar out-of-state offense . | 18 | | (d-5) Any person convicted of a fifteenth or subsequent | 19 | | violation of this Section is guilty of a Class 2 felony, and is | 20 | | not eligible for probation or conditional discharge, if : | 21 | | (1) the current violation occurred when the person's | 22 | | driver's license was suspended or revoked the revocation or | 23 | | suspension was for a violation of Section 11-401 or 11-501 | 24 | | of this Code, or a similar out-of-state offense, or a | 25 | | similar provision of a local ordinance, or a statutory | 26 | | summary suspension or revocation under Section 11-501.1 of |
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| 1 | | this Code ; and | 2 | | (2) the prior convictions under this Section occurred | 3 | | while the person's driver's license was suspended or | 4 | | revoked for a violation of Section 11-401 or 11-501 of this | 5 | | Code, a similar out-of-state offense, a similar provision | 6 | | of a local ordinance, or a statutory summary suspension or | 7 | | revocation under Section 11-501.1 of this Code, or for a | 8 | | violation of Section 9-3 of the Criminal Code of 1961 or | 9 | | the Criminal Code of 2012, relating to the offense of | 10 | | reckless homicide, or a similar out-of-state offense .
| 11 | | (e) Any person in violation of this Section who is also in | 12 | | violation of
Section 7-601 of this Code relating to mandatory | 13 | | insurance requirements, in
addition to other penalties imposed | 14 | | under this Section, shall have his or her
motor vehicle | 15 | | immediately impounded by the arresting law enforcement | 16 | | officer.
The motor vehicle may be released to any licensed | 17 | | driver upon a showing of
proof of insurance for the vehicle | 18 | | that was impounded and the notarized written
consent for the | 19 | | release by the vehicle owner.
| 20 | | (f) For any prosecution under this Section, a certified | 21 | | copy of the
driving abstract of the defendant shall be admitted | 22 | | as proof of any prior
conviction.
| 23 | | (g) The motor vehicle used in a violation of this Section | 24 | | is subject
to seizure and forfeiture as provided in Sections | 25 | | 36-1 and 36-2 of the
Criminal Code of 2012 if the person's | 26 | | driving privilege was revoked
or suspended as a result of: |
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| 1 | | (1) a violation of Section 11-501 of this Code, a | 2 | | similar provision
of a local ordinance, or a similar | 3 | | provision of a law of another state; | 4 | | (2) a violation of paragraph (b) of Section 11-401 of | 5 | | this Code, a
similar provision of a local ordinance, or a | 6 | | similar provision of a law of another state; | 7 | | (3) a statutory summary suspension or revocation under | 8 | | Section 11-501.1 of this
Code or a similar provision of a | 9 | | law of another state; or | 10 | | (4) a violation of Section 9-3 of the Criminal Code of | 11 | | 1961 or the Criminal Code of 2012 relating to the offense | 12 | | of reckless homicide, or a similar provision of a law of | 13 | | another state.
| 14 | | (Source: P.A. 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; | 15 | | 96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11; 97-984, eff. | 16 | | 1-1-13; 97-1150, eff. 1-25-13.)
| 17 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | 18 | | Sec. 11-501. Driving while under the influence of alcohol, | 19 | | other drug or drugs, intoxicating compound or compounds or any | 20 | | combination thereof.
| 21 | | (a) A person shall not drive or be in actual physical | 22 | | control of any vehicle within this State while: | 23 | | (1) the alcohol concentration in the person's blood or | 24 | | breath is 0.08 or more based on the definition of blood and | 25 | | breath units in Section 11-501.2; |
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| 1 | | (2) under the influence of alcohol; | 2 | | (3) under the influence of any intoxicating compound or | 3 | | combination of intoxicating compounds to a degree that | 4 | | renders the person incapable of driving safely; | 5 | | (4) under the influence of any other drug or | 6 | | combination of drugs to a degree that renders the person | 7 | | incapable of safely driving; | 8 | | (5) under the combined influence of alcohol, other drug | 9 | | or drugs, or intoxicating compound or compounds to a degree | 10 | | that renders the person incapable of safely driving; or | 11 | | (6) there is any amount of a drug, substance, or | 12 | | compound in the person's breath, blood, or urine resulting | 13 | | from the unlawful use or consumption of cannabis listed in | 14 | | the Cannabis Control Act, a controlled substance listed in | 15 | | the Illinois Controlled Substances Act, an intoxicating | 16 | | compound listed in the Use of Intoxicating Compounds Act, | 17 | | or methamphetamine as listed in the Methamphetamine | 18 | | Control and Community Protection Act.
| 19 | | (b) The fact that any person charged with violating this | 20 | | Section is or has been legally entitled to use alcohol, other | 21 | | drug or drugs, or intoxicating compound or compounds, or any | 22 | | combination thereof, shall not constitute a defense against any | 23 | | charge of violating this Section. | 24 | | (c) Penalties. | 25 | | (1) Except as otherwise provided in this Section, any | 26 | | person convicted of violating subsection (a) of this |
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| 1 | | Section is guilty of a Class A misdemeanor. | 2 | | (2) A person who violates subsection (a) or a similar | 3 | | provision a second time shall be sentenced to a mandatory | 4 | | minimum term of either 5 days of imprisonment or 240 hours | 5 | | of community service in addition to any other criminal or | 6 | | administrative sanction. | 7 | | (3) A person who violates subsection (a) is subject to | 8 | | 6 months of imprisonment, an additional mandatory minimum | 9 | | fine of $1,000, and 25 days of community service in a | 10 | | program benefiting children if the person was transporting | 11 | | a person under the age of 16 at the time of the violation. | 12 | | (4) A person who violates subsection (a) a first time, | 13 | | if the alcohol concentration in his or her blood, breath, | 14 | | or urine was 0.16 or more based on the definition of blood, | 15 | | breath, or urine units in Section 11-501.2, shall be | 16 | | subject, in addition to any other penalty that may be | 17 | | imposed, to a mandatory minimum of 100 hours of community | 18 | | service and a mandatory minimum fine of $500. | 19 | | (5) A person who violates subsection (a) a second time, | 20 | | if at the time of the second violation the alcohol | 21 | | concentration in his or her blood, breath, or urine was | 22 | | 0.16 or more based on the definition of blood, breath, or | 23 | | urine units in Section 11-501.2, shall be subject, in | 24 | | addition to any other penalty that may be imposed, to a | 25 | | mandatory minimum of 2 days of imprisonment and a mandatory | 26 | | minimum fine of $1,250. |
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| 1 | | (d) Aggravated driving under the influence of alcohol, | 2 | | other drug or drugs, or intoxicating compound or compounds, or | 3 | | any combination thereof.
| 4 | | (1) Every person convicted of committing a violation of | 5 | | this Section shall be guilty of aggravated driving under | 6 | | the influence of alcohol, other drug or drugs, or | 7 | | intoxicating compound or compounds, or any combination | 8 | | thereof if: | 9 | | (A) the person committed a violation of subsection | 10 | | (a) or a similar provision for the third or subsequent | 11 | | time; | 12 | | (B) the person committed a violation of subsection | 13 | | (a) while driving a school bus with one or more | 14 | | passengers persons 18 years of age or younger on board; | 15 | | (C) the person in committing a violation of | 16 | | subsection (a) was involved in a motor vehicle accident | 17 | | that resulted in great bodily harm or permanent | 18 | | disability or disfigurement to another, when the | 19 | | violation was a proximate cause of the injuries; | 20 | | (D) the person committed a violation of subsection | 21 | | (a) and has been previously convicted of violating | 22 | | Section 9-3 of the Criminal Code of 1961 or the | 23 | | Criminal Code of 2012 or a similar provision of a law | 24 | | of another state relating to reckless homicide in which | 25 | | the person was determined to have been under the | 26 | | influence of alcohol, other drug or drugs, or |
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| 1 | | intoxicating compound or compounds as an element of the | 2 | | offense or the person has previously been convicted | 3 | | under subparagraph (C) or subparagraph (F) of this | 4 | | paragraph (1); | 5 | | (E) the person, in committing a violation of | 6 | | subsection (a) while driving at any speed in a school | 7 | | speed zone at a time when a speed limit of 20 miles per | 8 | | hour was in effect under subsection (a) of Section | 9 | | 11-605 of this Code, was involved in a motor vehicle | 10 | | accident that resulted in bodily harm, other than great | 11 | | bodily harm or permanent disability or disfigurement, | 12 | | to another person, when the violation of subsection (a) | 13 | | was a proximate cause of the bodily harm; | 14 | | (F) the person, in committing a violation of | 15 | | subsection (a), was involved in a motor vehicle, | 16 | | snowmobile, all-terrain vehicle, or watercraft | 17 | | accident that resulted in the death of another person, | 18 | | when the violation of subsection (a) was a proximate | 19 | | cause of the death; | 20 | | (G) the person committed a violation of subsection | 21 | | (a) during a period in which the defendant's driving | 22 | | privileges are revoked or suspended, where the | 23 | | revocation or suspension was for a violation of | 24 | | subsection (a) or a similar provision, Section | 25 | | 11-501.1, paragraph (b) of Section 11-401, or for | 26 | | reckless homicide as defined in Section 9-3 of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012; | 2 | | (H) the person committed the violation while he or | 3 | | she did not possess a driver's license or permit or a | 4 | | restricted driving permit or a judicial driving permit | 5 | | or a monitoring device driving permit; | 6 | | (I) the person committed the violation while he or | 7 | | she knew or should have known that the vehicle he or | 8 | | she was driving was not covered by a liability | 9 | | insurance policy; | 10 | | (J) the person in committing a violation of | 11 | | subsection (a) was involved in a motor vehicle accident | 12 | | that resulted in bodily harm, but not great bodily | 13 | | harm, to the child under the age of 16 being | 14 | | transported by the person, if the violation was the | 15 | | proximate cause of the injury; or | 16 | | (K) the person in committing a second violation of | 17 | | subsection (a) or a similar provision was transporting | 18 | | a person under the age of 16 ; or . | 19 | | (L) the person committed a violation of subsection | 20 | | (a) of this Section while transporting one or more | 21 | | passengers in a vehicle for-hire. | 22 | | (2)(A) Except as provided otherwise, a person | 23 | | convicted of aggravated driving under the influence of | 24 | | alcohol, other drug or drugs, or intoxicating compound or | 25 | | compounds, or any combination thereof is guilty of a Class | 26 | | 4 felony. |
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| 1 | | (B) A third violation of this Section or a similar | 2 | | provision is a Class 2 felony. If at the time of the third | 3 | | violation the alcohol concentration in his or her blood, | 4 | | breath, or urine was 0.16 or more based on the definition | 5 | | of blood, breath, or urine units in Section 11-501.2, a | 6 | | mandatory minimum of 90 days of imprisonment and a | 7 | | mandatory minimum fine of $2,500 shall be imposed in | 8 | | addition to any other criminal or administrative sanction. | 9 | | If at the time of the third violation, the defendant was | 10 | | transporting a person under the age of 16, a mandatory fine | 11 | | of $25,000 and 25 days of community service in a program | 12 | | benefiting children shall be imposed in addition to any | 13 | | other criminal or administrative sanction. | 14 | | (C) A fourth violation of this Section or a similar | 15 | | provision is a Class 2 felony, for which a sentence of | 16 | | probation or conditional discharge may not be imposed. If | 17 | | at the time of the violation, the alcohol concentration in | 18 | | the defendant's blood, breath, or urine was 0.16 or more | 19 | | based on the definition of blood, breath, or urine units in | 20 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 21 | | be imposed in addition to any other criminal or | 22 | | administrative sanction. If at the time of the fourth | 23 | | violation, the defendant was transporting a person under | 24 | | the age of 16 a mandatory fine of $25,000 and 25 days of | 25 | | community service in a program benefiting children shall be | 26 | | imposed in addition to any other criminal or administrative |
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| 1 | | sanction. | 2 | | (D) A fifth violation of this Section or a similar | 3 | | provision is a Class 1 felony, for which a sentence of | 4 | | probation or conditional discharge may not be imposed. If | 5 | | at the time of the violation, the alcohol concentration in | 6 | | the defendant's blood, breath, or urine was 0.16 or more | 7 | | based on the definition of blood, breath, or urine units in | 8 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 9 | | be imposed in addition to any other criminal or | 10 | | administrative sanction. If at the time of the fifth | 11 | | violation, the defendant was transporting a person under | 12 | | the age of 16, a mandatory fine of $25,000, and 25 days of | 13 | | community service in a program benefiting children shall be | 14 | | imposed in addition to any other criminal or administrative | 15 | | sanction. | 16 | | (E) A sixth or subsequent violation of this Section or | 17 | | similar provision is a Class X felony. If at the time of | 18 | | the violation, the alcohol concentration in the | 19 | | defendant's blood, breath, or urine was 0.16 or more based | 20 | | on the definition of blood, breath, or urine units in | 21 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 22 | | be imposed in addition to any other criminal or | 23 | | administrative sanction. If at the time of the violation, | 24 | | the defendant was transporting a person under the age of | 25 | | 16, a mandatory fine of $25,000 and 25 days of community | 26 | | service in a program benefiting children shall be imposed |
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| 1 | | in addition to any other criminal or administrative | 2 | | sanction. | 3 | | (F) For a violation of subparagraph (C) of paragraph | 4 | | (1) of this subsection (d), the defendant, if sentenced to | 5 | | a term of imprisonment, shall be sentenced to not less than | 6 | | one year nor more than 12 years. | 7 | | (G) A violation of subparagraph (F) of paragraph (1) of | 8 | | this subsection (d) is a Class 2 felony, for which the | 9 | | defendant, unless the court determines that extraordinary | 10 | | circumstances exist and require probation, shall be | 11 | | sentenced to: (i) a term of imprisonment of not less than 3 | 12 | | years and not more than 14 years if the violation resulted | 13 | | in the death of one person; or (ii) a term of imprisonment | 14 | | of not less than 6 years and not more than 28 years if the | 15 | | violation resulted in the deaths of 2 or more persons. | 16 | | (H) For a violation of subparagraph (J) of paragraph | 17 | | (1) of this subsection (d), a mandatory fine of $2,500, and | 18 | | 25 days of community service in a program benefiting | 19 | | children shall be imposed in addition to any other criminal | 20 | | or administrative sanction. | 21 | | (I) A violation of subparagraph (K) of paragraph (1) of | 22 | | this subsection (d), is a Class 2 felony and a mandatory | 23 | | fine of $2,500, and 25 days of community service in a | 24 | | program benefiting children shall be imposed in addition to | 25 | | any other criminal or administrative sanction. If the child | 26 | | being transported suffered bodily harm, but not great |
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| 1 | | bodily harm, in a motor vehicle accident, and the violation | 2 | | was the proximate cause of that injury, a mandatory fine of | 3 | | $5,000 and 25 days of community service in a program | 4 | | benefiting children shall be imposed in addition to any | 5 | | other criminal or administrative sanction. | 6 | | (J) A violation of subparagraph (D) of paragraph (1) of | 7 | | this subsection (d) is a Class 3 felony, for which a | 8 | | sentence of probation or conditional discharge may not be | 9 | | imposed. | 10 | | (3) Any person sentenced under this subsection (d) who | 11 | | receives a term of probation or conditional discharge must | 12 | | serve a minimum term of either 480 hours of community | 13 | | service or 10 days of imprisonment as a condition of the | 14 | | probation or conditional discharge in addition to any other | 15 | | criminal or administrative sanction. | 16 | | (e) Any reference to a prior violation of subsection (a) or | 17 | | a similar provision includes any violation of a provision of a | 18 | | local ordinance or a provision of a law of another state or an | 19 | | offense committed on a military installation that is similar to | 20 | | a violation of subsection (a) of this Section. | 21 | | (f) The imposition of a mandatory term of imprisonment or | 22 | | assignment of community service for a violation of this Section | 23 | | shall not be suspended or reduced by the court. | 24 | | (g) Any penalty imposed for driving with a license that has | 25 | | been revoked for a previous violation of subsection (a) of this | 26 | | Section shall be in addition to the penalty imposed for any |
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| 1 | | subsequent violation of subsection (a). | 2 | | (h) For any prosecution under this Section, a certified | 3 | | copy of the driving abstract of the defendant shall be admitted | 4 | | as proof of any prior conviction.
| 5 | | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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