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90_HB1675
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
Amends the Illinois Vehicle Code to provide that a person
who has an alcohol concentration of more than 0.00 while
driving a school bus with children on board commits
aggravated driving under the influence.
LRB9004139NTsb
LRB9004139NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 11-501.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 11-501 as follows:
7 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 11-501. Driving while under the influence of
10 alcohol, other drug, or combination of both.
11 (a) A person shall not drive or be in actual physical
12 control of any vehicle within this State while:
13 (1) the alcohol concentration in the person's blood
14 or breath is 0.10 or more based on the definition of
15 blood and breath units in Section 11-501.2;
16 (2) under the influence of alcohol;
17 (3) under the influence of any other drug or
18 combination of drugs to a degree that renders the person
19 incapable of safely driving;
20 (4) under the combined influence of alcohol and any
21 other drug or drugs to a degree that renders the person
22 incapable of safely driving; or
23 (5) there is any amount of a drug, substance, or
24 compound in the person's blood or urine resulting from
25 the unlawful use or consumption of cannabis listed in the
26 Cannabis Control Act, or a controlled substance listed in
27 the Illinois Controlled Substances Act.
28 (b) The fact that any person charged with violating this
29 Section is or has been legally entitled to use alcohol, or
30 other drugs, or any combination of both, shall not
31 constitute a defense against any charge of violating this
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1 Section.
2 (c) Except as provided under paragraphs (c-3) and (d) of
3 this Section, every person convicted of violating this
4 Section or a similar provision of a local ordinance, shall be
5 guilty of a Class A misdemeanor and, in addition to any other
6 criminal or administrative action, for any second conviction
7 of violating this Section or a similar provision of a law of
8 another state or local ordinance committed within 5 years of
9 a previous violation of this Section or a similar provision
10 of a local ordinance shall be mandatorily sentenced to a
11 minimum of 48 consecutive hours of imprisonment or assigned
12 to a minimum of 100 hours of community service as may be
13 determined by the court. Every person convicted of violating
14 this Section or a similar provision of a local ordinance
15 shall be subject to a mandatory minimum fine of $500 and a
16 mandatory 5 days of community service in a program benefiting
17 children if the person committed a violation of paragraph (a)
18 or a similar provision of a local ordinance while
19 transporting a person under age 16. Every person convicted a
20 second time for violating this Section or a similar provision
21 of a local ordinance within 5 years of a previous violation
22 of this Section or a similar provision of a law of another
23 state or local ordinance shall be subject to a mandatory
24 minimum fine of $500 and 10 days of mandatory community
25 service in a program benefiting children if the current
26 offense was committed while transporting a person under age
27 16. The imprisonment or assignment under this subsection
28 shall not be subject to suspension nor shall the person be
29 eligible for probation in order to reduce the sentence or
30 assignment.
31 (c-1) A person who violates this Section during a period
32 in which his or her driving privileges are revoked or
33 suspended, where the revocation or suspension was for a
34 violation of this Section or Section 11-501.1 shall, unless
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1 sentenced to a term of imprisonment in the penitentiary, in
2 addition to any other criminal or administrative action, be
3 sentenced to a minimum term of 30 consecutive days of
4 imprisonment, 40 days of 24 hour periodic imprisonment or 720
5 hours of community service, as may be determined by the
6 court. This mandatory minimum term of imprisonment or
7 assignment of community service shall not be suspended and
8 shall not be subject to reduction by the court.
9 (c-2) (Blank).
10 (c-3) Every person convicted of violating this Section
11 or a similar provision of a local ordinance who had a child
12 under age 16 in the vehicle at the time of the offense shall
13 have his or her punishment under this Act enhanced by 2 days
14 of imprisonment for a first offense, 10 days of imprisonment
15 for a second offense, 30 days of imprisonment for a third
16 offense, and 90 days of imprisonment for a fourth or
17 subsequent offense, in addition to the fine and community
18 service required under subsection (c) and the possible
19 imprisonment required under subsection (d). The imprisonment
20 or assignment under this subsection shall not be subject to
21 suspension nor shall the person be eligible for probation in
22 order to reduce the sentence or assignment.
23 (d) (1) Every person convicted of committing a violation
24 of this Section shall be guilty of aggravated driving under
25 the influence of alcohol or drugs or a combination of both
26 if:
27 (A) the person committed a violation of this
28 Section, or a similar provision of a law of another state
29 or a local ordinance when the cause of action is the same
30 as or substantially similar to this Section, for the
31 third or subsequent time;
32 (B) the person committed a violation of paragraph
33 (a) while driving a school bus with children on board;
34 (C) the person in committing a violation of
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1 paragraph (a) was involved in a motor vehicle accident
2 that resulted in great bodily harm or permanent
3 disability or disfigurement to another, when the
4 violation was a proximate cause of the injuries; or
5 (D) the person committed a violation of paragraph
6 (a) for a second time and has been previously convicted
7 of violating Section 9-3 of the Criminal Code of 1961
8 relating to reckless homicide in which the person was
9 determined to have been under the influence of alcohol or
10 any other drug or drugs as an element of the offense or
11 the person has previously been convicted under
12 subparagraph (C) of this paragraph (1).
13 (2) Aggravated driving under the influence of alcohol or
14 drugs or a combination of both is a Class 4 felony for which
15 a person, if sentenced to a term of imprisonment, shall be
16 sentenced to not less than one year and not more than 3 years
17 for a violation of subparagraph (A), (B) or (D) of paragraph
18 (1) of this subsection (d) and not less than one year and not
19 more than 12 years for a violation of subparagraph (C) of
20 paragraph (1) of this subsection (d).
21 (e) After a finding of guilt and prior to any final
22 sentencing, or an order for supervision, for an offense based
23 upon an arrest for a violation of this Section or a similar
24 provision of a local ordinance, individuals shall be required
25 to undergo a professional evaluation to determine if an
26 alcohol or other drug abuse problem exists and the extent of
27 the problem. Programs conducting these evaluations shall be
28 licensed by the Department of Alcoholism and Substance Abuse.
29 The cost of any professional evaluation shall be paid for by
30 the individual required to undergo the professional
31 evaluation.
32 (f) Every person found guilty of violating this Section,
33 whose operation of a motor vehicle while in violation of this
34 Section proximately caused any incident resulting in an
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1 appropriate emergency response, shall be liable for the
2 expense of an emergency response as provided under Section
3 5-5-3 of the Unified Code of Corrections.
4 (g) The Secretary of State shall revoke the driving
5 privileges of any person convicted under this Section or a
6 similar provision of a local ordinance.
7 (h) Every person sentenced under subsection (d) of this
8 Section and who receives a term of probation or conditional
9 discharge shall be required to serve a minimum term of either
10 30 days community service or, beginning July 1, 1993, 48
11 consecutive hours of imprisonment as a condition of the
12 probation or conditional discharge. This mandatory minimum
13 term of imprisonment or assignment of community service shall
14 not be suspended and shall not be subject to reduction by the
15 court.
16 (i) The Secretary of State shall establish a pilot
17 program to test the effectiveness of ignition interlock
18 device requirements upon individuals who have been arrested
19 for a second or subsequent offense of this Section. The
20 Secretary shall establish by rule and regulation the
21 population and procedures for use of the interlock system.
22 (Source: P.A. 88-45; 88-238; 88-433; 88-670, eff. 12-2-94;
23 88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
24 89-203, eff. 7-21-95; 89-626, eff. 8-9-96.)
25 (Text of Section after amendment by P.A. 89-507)
26 Sec. 11-501. Driving while under the influence of
27 alcohol, other drug, or combination of both.
28 (a) A person shall not drive or be in actual physical
29 control of any vehicle within this State while:
30 (1) the alcohol concentration in the person's blood
31 or breath is 0.10 or more based on the definition of
32 blood and breath units in Section 11-501.2;
33 (2) under the influence of alcohol;
34 (3) under the influence of any other drug or
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1 combination of drugs to a degree that renders the person
2 incapable of safely driving;
3 (4) under the combined influence of alcohol and any
4 other drug or drugs to a degree that renders the person
5 incapable of safely driving; or
6 (5) there is any amount of a drug, substance, or
7 compound in the person's blood or urine resulting from
8 the unlawful use or consumption of cannabis listed in the
9 Cannabis Control Act, or a controlled substance listed in
10 the Illinois Controlled Substances Act.
11 (b) The fact that any person charged with violating this
12 Section is or has been legally entitled to use alcohol, or
13 other drugs, or any combination of both, shall not
14 constitute a defense against any charge of violating this
15 Section.
16 (c) Except as provided under paragraphs (c-3) and (d) of
17 this Section, every person convicted of violating this
18 Section or a similar provision of a local ordinance, shall be
19 guilty of a Class A misdemeanor and, in addition to any other
20 criminal or administrative action, for any second conviction
21 of violating this Section or a similar provision of a law of
22 another state or local ordinance committed within 5 years of
23 a previous violation of this Section or a similar provision
24 of a local ordinance shall be mandatorily sentenced to a
25 minimum of 48 consecutive hours of imprisonment or assigned
26 to a minimum of 100 hours of community service as may be
27 determined by the court. Every person convicted of violating
28 this Section or a similar provision of a local ordinance
29 shall be subject to a mandatory minimum fine of $500 and a
30 mandatory 5 days of community service in a program benefiting
31 children if the person committed a violation of paragraph (a)
32 or a similar provision of a local ordinance while
33 transporting a person under age 16. Every person convicted a
34 second time for violating this Section or a similar provision
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1 of a local ordinance within 5 years of a previous violation
2 of this Section or a similar provision of a law of another
3 state or local ordinance shall be subject to a mandatory
4 minimum fine of $500 and 10 days of mandatory community
5 service in a program benefiting children if the current
6 offense was committed while transporting a person under age
7 16. The imprisonment or assignment under this subsection
8 shall not be subject to suspension nor shall the person be
9 eligible for probation in order to reduce the sentence or
10 assignment.
11 (c-1) A person who violates this Section during a period
12 in which his or her driving privileges are revoked or
13 suspended, where the revocation or suspension was for a
14 violation of this Section or Section 11-501.1 shall, unless
15 sentenced to a term of imprisonment in the penitentiary, in
16 addition to any other criminal or administrative action, be
17 sentenced to a minimum term of 30 consecutive days of
18 imprisonment, 40 days of 24 hour periodic imprisonment or 720
19 hours of community service, as may be determined by the
20 court. This mandatory minimum term of imprisonment or
21 assignment of community service shall not be suspended and
22 shall not be subject to reduction by the court.
23 (c-2) (Blank).
24 (c-3) Every person convicted of violating this Section
25 or a similar provision of a local ordinance who had a child
26 under age 16 in the vehicle at the time of the offense shall
27 have his or her punishment under this Act enhanced by 2 days
28 of imprisonment for a first offense, 10 days of imprisonment
29 for a second offense, 30 days of imprisonment for a third
30 offense, and 90 days of imprisonment for a fourth or
31 subsequent offense, in addition to the fine and community
32 service required under subsection (c) and the possible
33 imprisonment required under subsection (d). The imprisonment
34 or assignment under this subsection shall not be subject to
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1 suspension nor shall the person be eligible for probation in
2 order to reduce the sentence or assignment.
3 (d) (1) Every person convicted of committing a violation
4 of this Section shall be guilty of aggravated driving under
5 the influence of alcohol or drugs or a combination of both
6 if:
7 (A) the person committed a violation of this
8 Section, or a similar provision of a law of another state
9 or a local ordinance when the cause of action is the same
10 as or substantially similar to this Section, for the
11 third or subsequent time;
12 (B) the person committed a violation of paragraph
13 (a) while driving a school bus with children on board;
14 (C) the person in committing a violation of
15 paragraph (a) was involved in a motor vehicle accident
16 that resulted in great bodily harm or permanent
17 disability or disfigurement to another, when the
18 violation was a proximate cause of the injuries; or
19 (D) the person committed a violation of paragraph
20 (a) for a second time and has been previously convicted
21 of violating Section 9-3 of the Criminal Code of 1961
22 relating to reckless homicide in which the person was
23 determined to have been under the influence of alcohol or
24 any other drug or drugs as an element of the offense or
25 the person has previously been convicted under
26 subparagraph (C) of this paragraph (1).
27 (2) Aggravated driving under the influence of alcohol or
28 drugs or a combination of both, or with an alcohol
29 concentration of more than 0.00 while driving a school bus
30 with children on board, is a Class 4 felony for which a
31 person, if sentenced to a term of imprisonment, shall be
32 sentenced to not less than one year and not more than 3 years
33 for a violation of subparagraph (A), (B) or (D) of paragraph
34 (1) of this subsection (d) and not less than one year and not
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1 more than 12 years for a violation of subparagraph (C) of
2 paragraph (1) of this subsection (d).
3 (e) After a finding of guilt and prior to any final
4 sentencing, or an order for supervision, for an offense based
5 upon an arrest for a violation of this Section or a similar
6 provision of a local ordinance, individuals shall be required
7 to undergo a professional evaluation to determine if an
8 alcohol or other drug abuse problem exists and the extent of
9 the problem. Programs conducting these evaluations shall be
10 licensed by the Department of Human Services. The cost of
11 any professional evaluation shall be paid for by the
12 individual required to undergo the professional evaluation.
13 (f) Every person found guilty of violating this Section,
14 whose operation of a motor vehicle while in violation of this
15 Section proximately caused any incident resulting in an
16 appropriate emergency response, shall be liable for the
17 expense of an emergency response as provided under Section
18 5-5-3 of the Unified Code of Corrections.
19 (g) The Secretary of State shall revoke the driving
20 privileges of any person convicted under this Section or a
21 similar provision of a local ordinance.
22 (h) Every person sentenced under subsection (d) of this
23 Section and who receives a term of probation or conditional
24 discharge shall be required to serve a minimum term of either
25 30 days community service or, beginning July 1, 1993, 48
26 consecutive hours of imprisonment as a condition of the
27 probation or conditional discharge. This mandatory minimum
28 term of imprisonment or assignment of community service shall
29 not be suspended and shall not be subject to reduction by the
30 court.
31 (i) The Secretary of State shall establish a pilot
32 program to test the effectiveness of ignition interlock
33 device requirements upon individuals who have been arrested
34 for a second or subsequent offense of this Section. The
-10- LRB9004139NTsb
1 Secretary shall establish by rule and regulation the
2 population and procedures for use of the interlock system.
3 (Source: P.A. 88-45; 88-238; 88-433; 88-670, eff. 12-2-94;
4 88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
5 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
6 8-9-96.)
7 Section 95. No acceleration or delay. Where this Act
8 makes changes in a statute that is represented in this Act by
9 text that is not yet or no longer in effect (for example, a
10 Section represented by multiple versions), the use of that
11 text does not accelerate or delay the taking effect of (i)
12 the changes made by this Act or (ii) provisions derived from
13 any other Public Act.