Public Act 095-0400
 		





SB0300 Enrolled
LRB095 04864 DRH 24926 b






    AN ACT concerning transportation.

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


 
    Section 5. The State Finance Act is amended  by adding 
Sections 5.675 and 5.676 as follows:
 
    (30 ILCS 105/5.675  new)
    Sec. 5.675. The Indigent BAIID Fund.
 
    (30 ILCS 105/5.676 new)

    Sec. 5.676. The Monitoring Device Driving Permit 
Administration Fee Fund.
 
    Section 10. The Illinois Vehicle Code is amended  by 
changing Sections 6-206, 6-206.1, 6-208.1, 6-303, and 11-501 
and  by adding Section 1-144.5 as follows:
 
    (625 ILCS 5/1-144.5  new)
    Sec. 1-144.5. Monitoring device driving permit.  A permit 
that allows a person whose driver's license has been summarily 
suspended under Section 11-501.1 to drive a vehicle, for the 
applicable period described in Section 6-206.1, if the vehicle 
is equipped with an ignition interlock device as defined in 
Section 1-129.1.
 



    (625 ILCS 5/6-206)  (from Ch. 95 1/2, par. 6-206)



    Sec. 6-206. Discretionary authority to suspend or revoke 
license or
permit; Right to a hearing.

    (a) The Secretary of State is authorized to suspend or 
revoke the
driving privileges of any person without preliminary 
hearing upon a showing
of the person's records or other 
sufficient evidence that
the person:


        1. Has committed an offense for which mandatory 
    revocation of
a driver's license or permit is required upon 
    conviction;


        2. Has been convicted of not less than 3 offenses 
    against traffic
regulations governing the movement of 
    vehicles committed within any 12
month period.  No 
    revocation or suspension shall be entered more than
6 
    months after the date of last conviction;


        3. Has been repeatedly involved as a driver in motor 
    vehicle
collisions or has been repeatedly convicted of 
    offenses against laws and
ordinances regulating the 
    movement of traffic, to a degree that
indicates lack of 
    ability to exercise ordinary and reasonable care in
the 
    safe operation of a motor vehicle or disrespect for the 
    traffic laws
and the safety of other persons upon the 
    highway;


        4. Has by the unlawful operation of a motor vehicle 
    caused or
contributed to an accident resulting in death or 
    injury requiring
immediate professional treatment in a 
    medical facility or doctor's office
to any person, except 
    that any suspension or revocation imposed by the
Secretary 
    of State under the provisions of this subsection shall 
    start no
later than 6 months after being convicted of 
    violating a law or
ordinance regulating the movement of 
    traffic, which violation is related
to the accident, or 
    shall start not more than one year
after
the date of the 
    accident, whichever date occurs later;


        5. Has permitted an unlawful or fraudulent use of a 
    driver's
license, identification card, or permit;


        6. Has been lawfully convicted of an offense or 
    offenses in another
state, including the authorization 
    contained in Section 6-203.1, which
if committed within 
    this State would be grounds for suspension or revocation;


        7. Has refused or failed to submit to an examination 
    provided for by
Section 6-207 or has failed to pass the 
    examination;


        8. Is ineligible for a driver's license or permit under 
    the provisions
of Section 6-103;


        9. Has made a false statement or knowingly concealed a 
    material fact
or has used false information or 
    identification in any application for a
license, 
    identification card, or permit;


        10. Has possessed, displayed, or attempted to 
    fraudulently use any
license, identification card, or 
    permit not issued to the person;


        11. Has operated a motor vehicle upon a highway of this 
    State when
the person's driving privilege or privilege to 
    obtain a driver's license
or permit was revoked or 
    suspended unless the operation was authorized by
a 
    monitoring device driving permit, judicial driving permit 
    issued prior to the effective date of this amendatory Act 
    of the 95th General Assembly, probationary license to 
    drive, or a restricted
driving permit issued under this 
    Code;


        12. Has submitted to any portion of the application 
    process for
another person or has obtained the services of 
    another person to submit to
any portion of the application 
    process for the purpose of obtaining a
license, 
    identification card, or permit for some other person;


        13. Has operated a motor vehicle upon a highway of this 
    State when
the person's driver's license or permit was 
    invalid under the provisions of
Sections 6-107.1 and
6-110;


        14. Has committed a violation of Section 6-301, 
    6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B 
    of the Illinois Identification Card
Act;


        15. Has been convicted of violating Section 21-2 of the 
    Criminal Code
of 1961 relating to criminal trespass to 
    vehicles in which case, the suspension
shall be for one 
    year;


        16. Has been convicted of violating Section 11-204 of 
    this Code relating
to fleeing from a peace officer;


        17. Has refused to submit to a test, or tests, as 
    required under Section
11-501.1 of this Code and the person 
    has not sought a hearing as
provided for in Section 
    11-501.1;


        18. Has, since issuance of a driver's license or 
    permit, been adjudged
to be afflicted with or suffering 
    from any mental disability or disease;


        19. Has committed a violation of paragraph (a) or (b) 
    of Section 6-101
relating to driving without a driver's 
    license;


        20. Has been convicted of violating Section 6-104 
    relating to
classification of driver's license;


        21. Has been convicted of violating Section 11-402 of

    this Code relating to leaving the scene of an accident 
    resulting in damage
to a vehicle in excess of $1,000, in 
    which case the suspension shall be
for one year;


        22. Has used a motor vehicle in violating paragraph 
    (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of 
    the Criminal Code of 1961 relating
to unlawful use of 
    weapons, in which case the suspension shall be for one

    year;


        23. Has, as a driver, been convicted of committing a 
    violation of
paragraph (a) of Section 11-502 of this Code 
    for a second or subsequent
time within one year of a 
    similar violation;


        24. Has been convicted by a court-martial or punished 
    by non-judicial
punishment by military authorities of the 
    United States at a military
installation in Illinois of or 
    for a traffic related offense that is the
same as or 
    similar to an offense specified under Section 6-205 or 
    6-206 of
this Code;


        25. Has permitted any form of identification to be used 
    by another in
the application process in order to obtain or 
    attempt to obtain a license,
identification card, or 
    permit;


        26. Has altered or attempted to alter a license or has 
    possessed an
altered license, identification card, or 
    permit;


        27. Has violated Section 6-16 of the Liquor Control Act 
    of 1934;


        28. Has been convicted of the illegal possession, while 
    operating or
in actual physical control, as a driver, of a 
    motor vehicle, of any
controlled substance prohibited 
    under the Illinois Controlled Substances
Act, any cannabis 
    prohibited under the Cannabis Control
Act, or any 
    methamphetamine prohibited under the Methamphetamine 
    Control and Community Protection Act, in which case the 
    person's driving privileges shall be suspended for
one 
    year, and any driver who is convicted of a second or 
    subsequent
offense, within 5 years of a previous 
    conviction, for the illegal
possession, while operating or 
    in actual physical control, as a driver, of
a motor 
    vehicle, of any controlled substance prohibited under the 
    Illinois Controlled Substances Act, any cannabis

    prohibited under the Cannabis Control Act, or any 
    methamphetamine prohibited under the Methamphetamine 
    Control and Community Protection Act shall be suspended for 
    5 years.
Any defendant found guilty of this offense while 
    operating a motor vehicle,
shall have an entry made in the 
    court record by the presiding judge that
this offense did 
    occur while the defendant was operating a motor vehicle
and 
    order the clerk of the court to report the violation to the 
    Secretary
of State;


        29. Has been convicted of the following offenses that 
    were committed
while the person was operating or in actual 
    physical control, as a driver,
of a motor vehicle: criminal 
    sexual assault,
predatory criminal sexual assault of a 
    child,
aggravated criminal sexual
assault, criminal sexual 
    abuse, aggravated criminal sexual abuse, juvenile
pimping, 
    soliciting for a juvenile prostitute and the manufacture, 
    sale or
delivery of controlled substances or instruments 
    used for illegal drug use
or abuse in which case the 
    driver's driving privileges shall be suspended
for one 
    year;


        30. Has been convicted a second or subsequent time for 
    any
combination of the offenses named in paragraph 29 of 
    this subsection,
in which case the person's driving 
    privileges shall be suspended for 5
years;


        31. Has refused to submit to a test as
required by 
    Section 11-501.6 or has submitted to a test resulting in
an 
    alcohol concentration of 0.08 or more or any amount of a 
    drug, substance, or
compound resulting from the unlawful 
    use or consumption of cannabis as listed
in the Cannabis 
    Control Act, a controlled substance as listed in the 
    Illinois
Controlled Substances Act, or an intoxicating 
    compound as listed in the Use of
Intoxicating Compounds 
    Act, in which case the penalty shall be
as prescribed in 
    Section 6-208.1;


        32. Has been convicted of Section 24-1.2 of the 
    Criminal Code of
1961 relating to the aggravated discharge 
    of a firearm if the offender was
located in a motor vehicle 
    at the time the firearm was discharged, in which
case the 
    suspension shall be for 3 years;


        33. Has as  a driver, who was less than 21 years of age 
    on the date of
the offense, been convicted a first time of 
    a violation of paragraph (a) of
Section 11-502 of this Code 
    or a similar provision of a local ordinance;


        34. Has committed a violation of Section 11-1301.5 of 
    this Code;


        35. Has committed a violation of Section 11-1301.6 of 
    this Code;


        36. Is under the age of 21 years at the time of arrest 
    and has been
convicted of not less than 2 offenses against 
    traffic regulations governing
the movement of vehicles 
    committed within any 24 month period.  No revocation
or 
    suspension shall be entered more than 6 months after the 
    date of last
conviction;


        37. Has committed a violation of subsection (c) of 
    Section 11-907 of this
Code;


        38. Has been convicted of a violation of Section 6-20 
    of the Liquor
Control Act of 1934 or a similar provision of 
    a local ordinance;


        39. Has committed a second or subsequent violation of 
    Section
11-1201 of this Code;

        40. Has committed a violation of subsection (a-1) of 
    Section 11-908 of
this Code;
        41. Has committed a second or subsequent violation of 
    Section 11-605.1 of this Code within 2 years of the date of 
    the previous violation, in which case the suspension shall 
    be for 90 days; or
        42. Has committed a violation of subsection (a-1) of 
    Section 11-1301.3 of this Code. 
    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, 
and 27 of this
subsection, license means any driver's license, 
any traffic ticket issued when
the person's driver's license is 
deposited in lieu of bail, a suspension
notice issued by the 
Secretary of State, a duplicate or corrected driver's
license, 
a probationary driver's license or a temporary driver's 
license.

    (b) If any conviction forming the basis of a suspension or

revocation authorized under this Section is appealed, the

Secretary of State may rescind or withhold the entry of the 
order of suspension
or revocation, as the case may be, provided 
that a certified copy of a stay
order of a court is filed with 
the Secretary of State.  If the conviction is
affirmed on 
appeal, the date of the conviction shall relate back to the 
time
the original judgment of conviction was entered and the 6 
month limitation
prescribed shall not apply.


     (c) 1. Upon suspending or revoking the driver's license or 
    permit of
any person as authorized in this Section, the 
    Secretary of State shall
immediately notify the person in 
    writing of the revocation or suspension.
The notice to be 
    deposited in the United States mail, postage prepaid,
to 
    the last known address of the person.


        2. If the Secretary of State suspends the driver's 
    license
of a person under subsection 2 of paragraph (a) of 
    this Section, a
person's privilege to operate a vehicle as 
    an occupation shall not be
suspended, provided an affidavit 
    is properly completed, the appropriate fee
received, and a 
    permit issued prior to the effective date of the

    suspension, unless 5 offenses were committed, at least 2 of 
    which occurred
while operating a commercial vehicle in 
    connection with the driver's
regular occupation. All other 
    driving privileges shall be suspended by the
Secretary of 
    State. Any driver prior to operating a vehicle for

    occupational purposes only must submit the affidavit on 
    forms to be
provided by the Secretary of State setting 
    forth the facts of the person's
occupation.  The affidavit 
    shall also state the number of offenses
committed while 
    operating a vehicle in connection with the driver's regular

    occupation. The affidavit shall be accompanied by the 
    driver's license.
Upon receipt of a properly completed 
    affidavit, the Secretary of State
shall issue the driver a 
    permit to operate a vehicle in connection with the
driver's 
    regular occupation only. Unless the permit is issued by the

    Secretary of State prior to the date of suspension, the 
    privilege to drive
any motor vehicle shall be suspended as 
    set forth in the notice that was
mailed under this Section. 
    If an affidavit is received subsequent to the
effective 
    date of this suspension, a permit may be issued for the 
    remainder
of the suspension period.


        The provisions of this subparagraph shall not apply to 
    any driver
required to possess a CDL for the purpose of 
    operating a commercial motor vehicle.


        Any person who falsely states any fact in the affidavit 
    required
herein shall be guilty of perjury under Section 
    6-302 and upon conviction
thereof shall have all driving 
    privileges revoked without further rights.


        3. At the conclusion of a hearing under Section 2-118 
    of this Code,
the Secretary of State shall either rescind 
    or continue an order of
revocation or shall substitute an 
    order of suspension; or, good
cause appearing therefor, 
    rescind, continue, change, or extend the
order of 
    suspension.  If the Secretary of State does not rescind the 
    order,
the Secretary may upon application,
to relieve undue 
    hardship, issue
a restricted driving permit granting the 
    privilege of driving a motor
vehicle between the 
    petitioner's residence and petitioner's place of

    employment or within the scope of his employment related 
    duties, or to
allow transportation for the petitioner, or a 
    household member of the
petitioner's family, to receive 
    necessary medical care and if the
professional evaluation 
    indicates, provide transportation for alcohol
remedial or 
    rehabilitative activity, or for the petitioner to attend

    classes, as a student, in an accredited educational 
    institution; if the
petitioner is able to demonstrate that 
    no alternative means of
transportation is reasonably 
    available and the petitioner will not endanger
the public 
    safety or welfare.


        If a person's license or permit has been revoked or 
    suspended due to 2
or more convictions of violating Section 
    11-501 of this Code or a similar
provision of a local 
    ordinance or a similar out-of-state offense, arising out
of 
    separate occurrences, that person, if issued a restricted 
    driving permit,
may not operate a vehicle unless it has 
    been equipped with an ignition
interlock device as defined 
    in Section 1-129.1.


        If a person's license or permit has been revoked or 
    suspended 2 or more
times within a 10 year period due to a 
    single conviction of violating Section
11-501 of this Code 
    or a similar provision of a local ordinance or a similar

    out-of-state offense, and a statutory summary suspension 
    under Section
11-501.1, or 2 or more statutory summary 
    suspensions, or combination of 2
offenses, or of an offense 
    and a statutory summary suspension, arising out of
separate 
    occurrences, that person, if issued a restricted driving 
    permit, may
not operate a vehicle unless it has been

    equipped with an ignition interlock device as defined in 
    Section 1-129.1.
The person must pay to the Secretary of 
    State DUI Administration Fund an amount
not to exceed $20 
    per month.  The Secretary shall establish by rule the amount

    and the procedures, terms, and conditions relating to these 
    fees.  If the
restricted driving permit was issued for 
    employment purposes, then this
provision does not apply to 
    the operation of an occupational vehicle owned or
leased by 
    that person's employer.  In each case the Secretary may 
    issue a
restricted driving permit for a period deemed 
    appropriate, except that all
permits shall expire within 
    one year from the date of issuance.  The Secretary
may not, 
    however, issue a restricted driving permit to any person 
    whose current
revocation is the result of a second or 
    subsequent conviction for a violation
of Section 11-501 of 
    this Code or a similar provision of a local ordinance

    relating to the offense of operating or being in physical 
    control of a motor
vehicle while under the influence of 
    alcohol, other drug or drugs, intoxicating
compound or 
    compounds, or any similar out-of-state offense, or any 
    combination
of those offenses, until the expiration of at 
    least one year from the date of
the revocation.  A

    restricted driving permit issued under this Section shall 
    be subject to
cancellation, revocation, and suspension by 
    the Secretary of State in like
manner and for like cause as 
    a driver's license issued under this Code may be
cancelled, 
    revoked, or suspended; except that a conviction upon one or 
    more
offenses against laws or ordinances regulating the 
    movement of traffic
shall be deemed sufficient cause for 
    the revocation, suspension, or
cancellation of a 
    restricted driving permit.  The Secretary of State may, as
a 
    condition to the issuance of a restricted driving permit, 
    require the
applicant to participate in a designated driver 
    remedial or rehabilitative
program.  The Secretary of State 
    is authorized to cancel a restricted
driving permit if the 
    permit holder does not successfully complete the program.

    (c-5) The Secretary of State may, as a condition of the 
reissuance of a
driver's license or permit to an applicant 
whose driver's license or permit has
been suspended before he 
or she reached the age of 18 years pursuant to any of
the 
provisions of this Section, require the applicant to 
participate in a
driver remedial education course and be 
retested under Section 6-109 of this
Code.

    (d) This Section is subject to the provisions of the 
Drivers License
Compact.

    (e) The Secretary of State shall not issue a restricted 
driving permit to
a person under the age of 16 years whose 
driving privileges have been suspended
or revoked under any 
provisions of this Code.

    (f) In accordance with 49 C.F.R. 384, the Secretary of 
State may not issue a restricted driving permit for the 
operation of a commercial motor vehicle to a person holding a 
CDL whose driving privileges have been suspended or revoked 
under any provisions of this Code.
(Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04; 
93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff. 
9-30-05; 94-556, eff. 9-11-05; 94-930, eff. 6-26-06.)

 



    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)



    Sec. 6-206.1. Monitoring Device Driving
Judicial Driving

Permit. Declaration of Policy. It is hereby declared a policy 
of the
State of Illinois that the driver who is impaired by 
alcohol, other drug or
drugs, or intoxicating compound or 
compounds is a
threat to the public safety and welfare. 
Therefore, to
provide a deterrent to such practice and to 
remove problem drivers from
the highway, a statutory summary 
driver's license suspension is appropriate.
It is also 
recognized that driving is a privilege and therefore, that in 
some
cases the granting of limited driving privileges, in a 
manner
where consistent with public
safety, is warranted during 
the period of suspension in the form of a monitoring device 
driving permit.  A person who drives and fails to comply with 
the requirements of the monitoring device driving permit 
commits a violation of Section 6-303 of this Code
judicial

driving permit to drive for the purpose of employment, 
receiving drug treatment
or medical care, and educational 
pursuits, where no alternative means of
transportation is 
available. 

    The following procedures shall apply whenever
a first 
offender is arrested for any offense as defined in Section 
11-501
or a similar provision of a local ordinance:

    (a) Subsequent to a notification of a statutory summary 
suspension of
driving privileges as provided in Section 
11-501.1, the court, after informing the first offender, as 
defined in Section 11-500, of his or her right to a monitoring 
device driving permit, hereinafter referred to as a MDDP, and 
of the obligations of the MDDP, shall enter an order directing 
the Secretary of State to issue  a MDDP to the offender, unless 
the offender has opted, in writing, not to have a MDDP issued.   
However, the court shall not enter the order directing the 
Secretary of State to issue the MDDP, if the court finds:

        (1) The offender's driver's license is otherwise 
    valid;
        (2) No death or great bodily harm resulted from the 
    arrest for Section 11-501;
        (3) That the offender has not been previously convicted 
    of reckless homicide; and
        (4) That the offender is not less than 18 years of age.
Any court order for a MDDP shall order the person to pay the 
Secretary of State a MDDP Administration Fee an amount not to 
exceed $30 per month.  The Secretary shall establish by rule the 
amount and the procedures, terms, and conditions relating to 
these fees. The order shall further specify that the offender 
must have an ignition interlock device installed within 14 days 
of the date the Secretary issues the MDDP, and shall specify 
the vehicle in which the device is to be installed. The 
ignition interlock device provider must notify the Secretary, 
in a manner and form prescribed by the Secretary, of the 
installation.  If the Secretary does not receive notice of 
installation, the Secretary shall cancel the MDDP.

the first offender as
defined in Section 11-500 may petition 
the circuit court of venue for a
Judicial Driving Permit, 
hereinafter referred as a JDP, to relieve undue
hardship.   The 
court may issue a court order, pursuant to the criteria

contained in this Section, directing the Secretary of State to 
issue such
a JDP to the petitioner. A MDDP
JDP shall not become 
effective prior to the 31st
day of the original statutory 
summary suspension.
and shall always be
subject to the 
following criteria:

    (a-1)  A person issued a MDDP may drive for any purpose and 
at any time, subject to the rules adopted by the Secretary of 
State under subsection (g).  The person must, at his or her own 
expense, drive only vehicles equipped with an ignition 
interlock device as defined in Section 1-129.1, but in no event 
shall such person drive a commercial motor vehicle.
    (a-2)  Persons who are issued a MDDP and must drive 
employer-owned vehicles in the course of their employment 
duties may seek permission from the court to drive an 
employer-owned vehicle that does not have an ignition interlock 
device.  The employee shall provide to the court a form, 
prescribed by the Secretary of State, completed by the employer 
verifying that the employee must drive an employer-owned 
vehicle in the course of employment.   If approved by the court, 
the form must be file stamped and must be in the driver's 
possession while operating an employer-owner vehicle not 
equipped with an ignition interlock device.  No person may use 
this exemption to drive a school bus, school vehicle, or a 
vehicle designed to transport more than 15 passengers.  No 
person may use this exemption to drive an employer-owned motor 
vehicle that is owned by an entity that is wholly or partially 
owned by the person holding the MDDP, or by a family member of 
the person holding the MDDP.  No person may use this exemption 
to drive an employer-owned vehicle that is made available to 
the employee for personal use.  No person may drive the exempted 
vehicle more than 12 hours per day, 6 days per week.


        1. If ordered for the purposes of employment, the JDP 
    shall be only for
the purpose of providing the petitioner 
    the privilege of driving a motor
vehicle between the 
    petitioner's residence and the petitioner's place of

    employment and return; or within the scope of the 
    petitioner's employment
related duties, shall be effective 
    only during and limited to
those specific times and routes 
    actually
required to commute or perform the petitioner's 
    employment related duties.


        2. The court, by a court order, may also direct the 
    Secretary
of State to issue a JDP to allow transportation 
    for the petitioner,
or a household member of the 
    petitioner's family, to receive alcohol, drug, or 
    intoxicating compound treatment or medical care, if the

    petitioner is able to
demonstrate that no alternative means 
    of transportation is reasonably
available. Such JDP shall 
    be effective only during the specific
times actually 
    required to commute.


        3. The court, by a court order, may also direct the 
    Secretary of State
to issue a JDP to allow transportation 
    by the petitioner for educational
purposes upon 
    demonstrating that there are no alternative means of

    transportation reasonably available to accomplish those 
    educational
purposes. Such JDP shall be only for the 
    purpose of providing
transportation to and from the 
    petitioner's residence and the petitioner's
place of 
    educational activity, and only during the specific times 
    and
routes actually required to commute or perform the 
    petitioner's educational
requirement.


        4. The Court shall not issue an order granting a JDP 
    to:


            (i) Any person unless and until the court, after

        considering the results of a current professional 
        evaluation of the person's
alcohol or other drug use by 
        an agency pursuant to Section 15-10 of the
Alcoholism 
        and Other Drug Abuse and
Dependency Act and other 
        appropriate investigation of the
person, is satisfied 
        that granting the privilege of
driving a motor vehicle 
        on the highways will not endanger the public safety or

        welfare.



            (ii) Any person who has been convicted of reckless 
        homicide within
the previous 5 years.


            (iii) Any person whose privilege to operate a motor 
        vehicle
was invalid at the time of arrest for the 
        current violation of Section 11-501,
or a similar 
        provision of a local ordinance, except in cases where 
        the cause
for a driver's license suspension has been 
        removed at the time a JDP is
effective.  In any case, 
        should the Secretary of State enter a suspension or

        revocation of driving privileges pursuant to the 
        provisions of this Code
while the JDP is in effect or 
        pending, the Secretary shall take the
prescribed 
        action and provide a notice to the person and the court 
        ordering
the issuance of the JDP that all driving 
        privileges, including those provided
by the issuance 
        of the JDP, have been withdrawn.


            (iv) Any person under the age of 18 years.

            (v) Any person for the operation of a commercial 
        motor vehicle if the person's driving privileges have 
        been suspended under any provision of this Code in 
        accordance with 49 C.F.R. Part 384.

    (b) (Blank).
Prior to ordering the issuance of a JDP the 
Court should consider at
least, but not be limited to, the 
following issues:


        1. Whether the person is employed and no other means of 
    commuting to the
place of employment is available or that 
    the person must drive as a
condition of employment. The 
    employer shall certify the hours of
employment and the need 
    and parameters necessary for driving as a
condition to 
    employment.


        2. Whether the person must drive to secure alcohol or 
    other medical
treatment for himself or a family member.


        3. Whether the person must drive for educational 
    purposes.  The
educational institution shall certify the 
    person's enrollment in and
academic schedule at the 
    institution.


        4. Whether the person has been repeatedly convicted of 
    traffic
violations or involved in motor vehicle accidents 
    to a degree which
indicates disrespect for public safety.


        5. Whether the person has been convicted of a traffic 
    violation in
connection with a traffic accident resulting 
    in the death of any person
within the last 5 years.


        6. Whether the person is likely to obey the limited 
    provisions of the
JDP.


        7. Whether the person has any additional traffic 
    violations pending
in any court.

    For purposes of this Section, programs conducting 
professional
evaluations of a person's alcohol, other drug, or 
intoxicating
compound use must report, to the
court of venue, 
using a form prescribed by the Secretary of State. A copy
of 
such evaluations shall be sent to the Secretary of State by the 
court.
However, the evaluation information shall be privileged 
and only available
to courts and to the Secretary of State, but 
shall not be admissible in the
subsequent trial on the 
underlying charge.

    (c) (Blank).
The scope of any court order issued for a JDP 
under this Section
shall be limited to
the operation of a motor 
vehicle as provided for in subsection (a) of
this Section and 
shall specify the petitioner's residence, place of
employment 
or location of educational institution, and the scope of job

related duties, if relevant.  The JDP shall also specify days of 
the week
and specific hours
of the day when the petitioner is 
able to exercise the limited privilege of
operating a motor 
vehicle.

    (c-1) If the petitioner is issued a citation for a 
violation of Section 6-303 during the period of a statutory 
summary suspension entered  under Section 11-501.1 of this Code, 
or if the petitioner is charged with a violation of  Section 
11-501 or a similar provision of a local ordinance or a similar 
out of state offense which occurs after the current violation 
of Section 11-501  or a similar provision of a local ordinance, 
the court may not grant the petitioner a JDP unless the 
petitioner is acquitted or the citation or complaint is 
otherwise dismissed.
If the person
petitioner is issued a citation for a violation 
of Section 6-303 or a violation of Section 11-501 or a similar 
provision of a local ordinance or a similar out of state 
offense during the term of the MDDP
JDP, the officer issuing 
the citation, or the law enforcement agency employing that 
officer, shall confiscate the MDDP
JDP and immediately send the 
MDDP
JDP and notice of the citation to the court that ordered 
the issuance of the MDDP
JDP. Within 10 days of receipt, the 
issuing court, upon notice to the person
petitioner, shall 
conduct a hearing to consider cancellation of the MDDP
JDP. If 
the court enters an order of cancellation, the court shall 
forward the order to the Secretary of State, and the Secretary  
shall  cancel the MDDP
JDP and notify the person
petitioner of 
the cancellation. If, however, the person
petitioner is 
convicted of the offense before the MDDP
JDP has  been 
cancelled, the court of venue shall send notice of conviction 
to the court that ordered issuance of the MDDP
JDP. The court 
receiving the notice shall immediately enter an order of 
cancellation and forward the order to the Secretary of State. 
The Secretary shall cancel the JDP and notify the person

petitioner of the cancellation.
    If the person
petitioner is issued a citation for any other 
traffic related offense during the term of the MDDP
JDP, the 
officer issuing the citation, or the law enforcement agency 
employing that officer, shall send notice of the citation to 
the court that ordered issuance of the MDDP
JDP. Upon receipt 
and notice to the person
petitioner and an opportunity for a 
hearing, the court shall determine whether the violation 
constitutes grounds for cancellation of the MDDP
JDP. If the 
court enters an order of cancellation, the court shall forward 
the order to the Secretary of State, and the Secretary shall  
cancel the MDDP
JDP and shall notify the person
petitioner of 
the cancellation.

    (c-5)  If the court determines that the person seeking the 
MDDP is indigent, the court shall provide the person with a 
written document, in a form prescribed by the Secretary of 
State, as evidence of that determination, and the person shall 
provide that written document to an ignition interlock device 
provider.  The provider shall install an ignition interlock 
device on that person's vehicle without charge to the person, 
and seek reimbursement from the Indigent BAIID Fund.

    (d) The Secretary of State shall, upon receiving a court 
order
from the court of venue, issue a MDDP
JDP to a person who 
applies
successful Petitioner under this
Section.  Such court 
order form shall also contain a notification, which
shall be 
sent to the Secretary of State, providing the name, driver's

license number and legal address of the applicant
successful 
petitioner, and the full
and detailed description of the 
limitations of the JDP. This information
shall be available 
only to the courts, police officers, and the Secretary
of 
State, except during the actual period the MDDP
JDP is valid, 
during which
time it shall be a public record. The Secretary of 
State shall design and
furnish to the courts an official court 
order form to be used by the courts
when directing the 
Secretary of State to issue a MDDP
JDP.

    Any submitted court order that contains insufficient data 
or fails to
comply with this Code shall not be utilized for 
MDDP
JDP issuance or entered to
the driver record but shall be 
returned to the issuing court indicating why
the MDDP
JDP

cannot be so entered.  A notice of this action shall also be 
sent
to the MDDP applicant
JDP petitioner by the Secretary of 
State.

    (e) (Blank).
The circuit court of venue may conduct the 
judicial hearing, as
provided in Section 2-118.1, and the JDP 
hearing provided in this Section,
concurrently. Such 
concurrent hearing shall proceed in the court in the
same 
manner as in other civil proceedings.

    (f) (Blank).
The circuit court of venue may, as a condition 
of the issuance of
a JDP, prohibit the person from operating a 
motor vehicle not equipped with an
ignition interlock device.

    (g) The Secretary of State shall adopt rules for 
implementing this Section.  The rules adopted shall address 
issues including, but not limited to:  compliance with the 
requirements of the MDDP; methods for determining compliance 
with those requirements; the consequences of noncompliance 
with those requirements; what constitutes a violation of the 
MDDP; and the duties of a person or entity that supplies the 
ignition interlock device.
    (h) The rules adopted under subsection (g) shall provide, 
at a minimum, that the person is not in compliance with the 
requirements of the MDDP if he or she:
        (1) tampers or attempts to tamper with or circumvent 
    the proper operation of the ignition interlock device;
        (2) provides valid breath samples that register blood 
    alcohol levels in excess of the number of times allowed 
    under the rules;
        (3)  fails to provide evidence sufficient to satisfy the 
    Secretary that the ignition interlock device has been 
    installed in the designated vehicle or vehicles; or
        (4) fails to follow any other applicable rules adopted 
    by the Secretary.
    (i) Any person or entity that supplies an ignition 
interlock device as provided under this Section shall, in 
addition to supplying only those devices which fully comply 
with all the rules adopted under subsection (g), provide the 
Secretary, within 7 days of inspection, all monitoring reports 
of each person who has had an ignition interlock device 
installed.  These reports shall be furnished in a manner or form 
as prescribed by the Secretary.
    (j) Upon making a determination that a violation of the 
requirements of the MDDP has occurred, the Secretary shall 
extend the summary suspension period for an additional 3 months 
beyond the originally imposed summary suspension period, 
during which time the person shall only be allowed to drive 
vehicles equipped with an ignition interlock device; provided 
further there are no limitations on the number of times the 
summary suspension may be extended. Any person whose summary 
suspension is extended pursuant to this Section shall have the 
right to contest the extension through an administrative 
hearing with the Secretary.  If the summary suspension has 
already terminated prior to the Secretary receiving the 
monitoring report that shows a violation, the Secretary shall 
be authorized to suspend the person's driving privileges for 3 
months.  The only permit the person shall be eligible for during 
this new suspension period is a MDDP.
    (k) A person who has had his or her summary suspension 
extended for the third time shall have his or her vehicle 
impounded for a period of 30 days, at the person's own expense.  
A person who has his or her summary suspension extended for the 
fourth time shall have his or her vehicle subject to seizure 
and forfeiture. The Secretary shall notify the prosecuting 
authority of any third or fourth extensions.  Upon receipt of 
the notification, the prosecuting authority shall impound or 
forfeit the vehicle.
    (l)  A person whose driving privileges have been suspended 
under Section 11-501.1 of this Code and who had a MDDP that was 
cancelled pursuant to subsection (c-1) of this Section, shall 
not be eligible for reinstatement when the summary suspension 
is scheduled to terminate, but instead shall be eligible only 
to apply for a restricted driving permit.  If a restricted 
driving permit is granted, the offender may only operate 
vehicles equipped with an ignition interlock device, for a 
period of not less than twice the original summary suspension 
period.
    (m) Any person or entity that supplies an ignition 
interlock device under this Section shall, for each ignition 
interlock device installed, pay 5% of the total gross revenue 
received for the device into the Indigent BAIID Fund.  This 5% 
shall be clearly indicated as a separate surcharge on each 
invoice that is issued.  The Secretary shall conduct an annual 
review of the fund to determine whether the surcharge is 
sufficient to provide for indigent users.  The Secretary may 
increase or decrease this surcharge requirement as needed.
    (n)  Any person or entity that supplies an ignition 
interlock device under this Section that is requested to 
provide an ignition interlock device to a person who presents 
written documentation of indigency from the court, as provided 
in subsection (c-5) of this Section, shall install the device 
on the person's vehicle without charge to the person and shall 
seek reimbursement from the Indigent BAIID Fund.
    (o)  The Indigent BAIID Fund is created as a special fund in 
the State treasury.  The Secretary of State shall, subject to 
appropriation by the General Assembly, use all money in the 
Indigent BAIID Fund to reimburse ignition interlock device 
providers who have installed devices in vehicles of indigent 
persons pursuant to court orders issued under this Section.  The 
Secretary shall make payments to such providers every 3 months.  
If the amount of money in the fund at the time payments are 
made is not sufficient to pay all requests for reimbursement 
submitted during that 3 month period, the Secretary shall make 
payments on a pro-rata basis, and those payments shall be 
considered payment in full for the requests submitted.
    (p)  The Monitoring Device Driving Permit Administration 
Fee Fund is created as a special fund in the State treasury.  
The Secretary of State shall, subject to appropriation by the 
General Assembly, use the money paid into this fund to offset 
its administrative costs for administering MDDPs.

(Source: P.A. 94-307, eff. 9-30-05; 94-357, eff. 1-1-06; 
94-930, eff. 6-26-06.)

 



    (625 ILCS 5/6-208.1)  (from Ch. 95 1/2, par. 6-208.1)



    Sec. 6-208.1. Period of statutory summary alcohol, other 
drug,
or intoxicating compound related suspension.

    (a) Unless the statutory summary suspension has been 
rescinded, any
person whose privilege to drive a motor vehicle 
on the public highways has
been summarily suspended, pursuant 
to Section 11-501.1, shall not be
eligible for restoration of 
the privilege until the expiration of:


        1. Twelve
Six months from the effective date of the 
    statutory summary suspension
for a refusal or failure to 
    complete a test or tests to determine the
alcohol, drug, or 
    intoxicating compound concentration, pursuant
to
Section 
    11-501.1; or


        2. Six
Three months from the effective date of the 
    statutory summary
suspension imposed following the 
    person's submission to a chemical test
which disclosed an 
    alcohol concentration of 0.08 or more, or any
amount
of a

    drug, substance, or intoxicating compound in such person's

    breath, blood, or
urine resulting
from the unlawful use or 
    consumption of cannabis listed in the Cannabis
Control Act, 
    a controlled substance listed in the Illinois
Controlled

    Substances Act, or an intoxicating compound listed in the 
    Use of Intoxicating
Compounds Act, pursuant to Section 
    11-501.1; or


        3. Three years from the effective date of the statutory 
    summary suspension
for any person other than a first 
    offender who refuses or fails to
complete a test or tests 
    to determine the alcohol, drug, or
intoxicating
compound 
    concentration
pursuant to Section 11-501.1; or


        4. One year from the effective date of the summary 
    suspension imposed
for any person other than a first 
    offender following submission to a
chemical test which 
    disclosed an alcohol concentration of 0.08 or
more
pursuant 
    to Section 11-501.1 or any amount of a drug, substance or

    compound in such person's blood or urine resulting from the 
    unlawful use or
consumption of cannabis listed in the 
    Cannabis Control Act, a
controlled
substance listed in the 
    Illinois Controlled Substances Act, or an
intoxicating

    compound listed in the Use of Intoxicating Compounds Act.

    (b) Following a statutory summary suspension of the 
privilege to drive a
motor vehicle under Section 11-501.1, full 
driving privileges shall be
restored unless the person is 
otherwise disqualified by this Code.  If
the court has reason to 
believe that the person's
driving privilege should not be 
restored, the court shall notify
the Secretary of State prior 
to the expiration of the statutory summary
suspension so 
appropriate action may be taken pursuant to this Code.

    (c) Full driving privileges may not be restored until all 
applicable
reinstatement fees, as provided by this Code, have 
been paid to the Secretary
of State and the appropriate entry 
made to the driver's record.

    (d) Where a driving privilege has been summarily suspended 
under Section
11-501.1 and the person is subsequently convicted 
of violating Section
11-501, or a similar provision of a local 
ordinance, for the same incident,
any period served on 
statutory summary suspension shall be credited toward
the 
minimum period of revocation of driving privileges imposed 
pursuant to
Section 6-205.

    (e) Following a statutory summary suspension of driving 
privileges
pursuant to Section 11-501.1, for a first offender, 
the circuit court shall, unless the offender has opted in 
writing not to have a monitoring device driving permit issued, 
order the Secretary of State to
may,
after at least 30 days 
from the effective date of the statutory summary
suspension,

issue a monitoring device driving permit
judicial driving 
permit as provided in Section 6-206.1. A monitoring device 
driving permit shall not be effective prior to the 31st day of 
the  statutory summary suspension.


    (f) (Blank).
Subsequent to an arrest of a first offender, 
for any offense as
defined in Section 11-501 or a similar 
provision of a local ordinance,
following a statutory summary 
suspension of driving privileges pursuant to
Section 11-501.1, 
for a first offender, the circuit court may issue a court
order 
directing the Secretary of State to issue a judicial driving 
permit
as provided in Section 6-206.1.  However, this JDP shall 
not be effective
prior to the 31st day of the statutory summary 
suspension.

    (g) Following a statutory summary suspension of driving 
privileges
pursuant to Section 11-501.1 where the person was 
not a first offender, as
defined in Section 11-500, the 
Secretary of State may not issue a
restricted driving permit.

    (h) (Blank).

(Source: P.A. 91-357, eff. 7-29-99; 92-248, eff. 8-3-01.)

 



    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)



    Sec. 6-303. Driving while driver's license, permit or 
privilege to
operate a motor vehicle is suspended or revoked. 

    (a) Any person who drives or is in actual physical control 
of a motor
vehicle on any highway of this State at a time when 
such person's driver's
license, permit or privilege to do so or 
the privilege to obtain a driver's
license or permit is revoked 
or suspended as provided by this Code or the law
of another 
state, except as may be specifically allowed by a judicial 
driving
permit issued prior to the effective date of this 
amendatory Act of the 95th General Assembly, monitoring device 
driving permit, family financial responsibility driving 
permit, probationary
license to drive, or a restricted driving 
permit issued pursuant to this Code
or under the law of another 
state, shall be guilty of a Class A misdemeanor.

    (b) The Secretary of State upon receiving a report of the 
conviction
of any violation indicating a person was operating a 
motor vehicle during
the time when said person's driver's 
license, permit or privilege was
suspended by the Secretary, by 
the appropriate authority of another state,
or pursuant to 
Section 11-501.1; except as may
be specifically allowed by a 
probationary license to drive, judicial
driving permit issued 
prior to the effective date of this amendatory Act of the 95th 
General Assembly, monitoring device driving permit, or 
restricted driving permit issued pursuant to this Code or
the 
law of another state;
shall extend the suspension for the same 
period of time as the originally
imposed suspension; however, 
if the period of suspension has then expired,
the Secretary 
shall be authorized to suspend said person's driving
privileges 
for the same period of time as the originally imposed

suspension; and if the conviction was upon a charge which 
indicated that a
vehicle was operated during the time when the 
person's driver's license,
permit or privilege was revoked; 
except as may be allowed by a restricted
driving permit issued 
pursuant to this Code or the law of another state;
the 
Secretary shall not issue
a driver's license for an additional 
period of one year from the date of
such conviction indicating 
such person was operating a vehicle during such
period of 
revocation.

    (c) Except as provided in subsections (c-3) and (c-4), any

Any person convicted of violating this Section shall serve a 
minimum
term of imprisonment of 10 consecutive days or 30
days 
of community service
when the person's driving privilege was 
revoked or suspended as a result of:


        (1) a violation of Section 11-501 of this Code or a 
    similar provision
of a local ordinance relating to the 
    offense of operating or being in physical
control of a 
    vehicle while under the influence of alcohol, any other 
    drug
or any combination thereof; or


        (2) a violation of paragraph (b) of Section 11-401 of 
    this Code or a
similar provision of a local ordinance 
    relating to the offense of leaving the
scene of a motor 
    vehicle accident involving personal injury or death; or


        (3) a violation of Section 9-3 of the Criminal Code of 
    1961, as amended,
relating to the offense of reckless 
    homicide; or


        (4) a statutory summary suspension under Section 
    11-501.1 of this
Code.

    Such sentence of imprisonment or community service shall 
not be subject
to suspension in order to reduce such sentence.

    (c-1) Except as provided in subsection (d), any person 
convicted of a
second violation of this Section shall be 
ordered by the court to serve a
minimum
of 100 hours of 
community service.

    (c-2) In addition to other penalties imposed under this 
Section, the
court may impose on any person convicted a fourth 
time of violating this
Section any of
the following:


        (1) Seizure of the license plates of the person's 
    vehicle.


        (2) Immobilization of the person's vehicle for a period 
    of time
to be determined by the court.

    (c-3) Any person convicted of a violation of this Section 
during a period of summary suspension imposed pursuant to 
Section 11-501.1 when the person was eligible for a MDDP shall 
be guilty of a Class 4 felony and shall serve a minimum term of 
imprisonment of 30 days.
    (c-4) Any person who has been issued a MDDP and who is 
convicted of a violation of this Section as a result of 
operating or being in actual physical control of a motor 
vehicle  not equipped with an ignition interlock device at the 
time of the offense shall be guilty of a Class 4 felony and 
shall serve a minimum term of imprisonment of 30 days.

    (d) Any person convicted of a second violation of this

Section shall be guilty of a Class 4 felony and shall serve a 
minimum term of
imprisonment of 30 days or 300 hours of 
community service, as determined by the
court, if the

revocation or
suspension was for a violation of Section 11-401 
or 11-501 of this Code,
or a similar out-of-state offense, or a 
similar provision of a local
ordinance, a violation of Section 
9-3 of the Criminal Code of 1961, relating
to the offense of 
reckless homicide, or a similar out-of-state offense, or a

statutory summary suspension under Section 11-501.1 of this 
Code.

    (d-1) Except as provided in subsection (d-2) and subsection 
(d-3), any
person convicted of
a third or subsequent violation 
of this Section shall serve a minimum term of
imprisonment of 
30 days or 300 hours of community service, as determined by the

court.

    (d-2) Any person convicted of a third violation of this

Section is guilty of a Class 4 felony and must serve a minimum 
term of
imprisonment of 30 days if the revocation or
suspension 
was for a violation of Section 11-401 or 11-501 of this Code,

or a similar out-of-state offense, or a similar provision of a 
local
ordinance, a violation of Section 9-3 of the Criminal 
Code of 1961, relating
to the offense of reckless homicide, or 
a similar out-of-state offense, or a
statutory summary 
suspension under Section 11-501.1 of this Code.

    (d-3) Any person convicted of a fourth, fifth, sixth, 
seventh, eighth, or ninth violation of this
Section is guilty 
of a Class 4 felony and must serve a minimum term of

imprisonment of 180 days if the revocation or suspension was 
for a
violation of Section 11-401 or 11-501 of this Code, or a 
similar out-of-state
offense, or a similar provision of a local 
ordinance, a violation of
Section 9-3 of the Criminal Code of 
1961, relating to the offense of
reckless homicide, or a 
similar out-of-state offense, or a statutory
summary 
suspension under Section 11-501.1 of this Code.

    (d-4) Any person convicted of a tenth, eleventh, twelfth, 
thirteenth, or fourteenth violation of this Section is guilty 
of a Class 3 felony, and is not eligible for probation or 
conditional discharge, if the revocation or suspension was for 
a violation of Section 11-401 or 11-501 of this Code, or a 
similar out-of-state offense, or a similar provision of a local 
ordinance, a violation of Section 9-3 of the Criminal Code of 
1961, relating to the offense of reckless homicide, or a 
similar out-of-state offense, or a statutory summary 
suspension under Section 11-501.1 of this Code.
    (d-5) Any person convicted of a fifteenth or subsequent 
violation of this Section is guilty of a Class 2 felony, and is 
not eligible for probation or conditional discharge, if the 
revocation or suspension was for a violation of Section 11-401 
or 11-501 of this Code, or a similar out-of-state offense, or a 
similar provision of a local ordinance, a violation of Section 
9-3 of the Criminal Code of 1961, relating to the offense of 
reckless homicide, or a similar out-of-state offense, or a 
statutory summary suspension under Section 11-501.1 of this 
Code.

    (e) Any person in violation of this Section who is also in 
violation of
Section 7-601 of this Code relating to mandatory 
insurance requirements, in
addition to other penalties imposed 
under this Section, shall have his or her
motor vehicle 
immediately impounded by the arresting law enforcement 
officer.
The motor vehicle may be released to any licensed 
driver upon a showing of
proof of insurance for the vehicle 
that was impounded and the notarized written
consent for the 
release by the vehicle owner.

    (f) For any prosecution under this Section, a certified 
copy of the
driving abstract of the defendant shall be admitted 
as proof of any prior
conviction.

    (g) The motor vehicle used in a violation of this Section 
is subject
to seizure and forfeiture as provided in Sections 
36-1 and 36-2 of the
Criminal Code of 1961 if the person's 
driving privilege was revoked
or suspended as a result of a 
violation listed in paragraph (1), (2), or
(3) of subsection 
(c) of this Section or as a result of a summary
suspension as 
provided in paragraph (4) of subsection (c) of this
Section.

(Source: P.A. 94-112, eff. 1-1-06.)

 
    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
    (Text of Section from P.A. 93-1093 and 94-963)
    Sec. 11-501. Driving while under the influence of alcohol, 
other drug or
drugs, intoxicating compound or compounds or any 
combination thereof.

    (a) A person shall not drive or be in actual
physical 
control of any vehicle within this State while:


        (1) the alcohol concentration in the person's blood or 
    breath is 0.08
or more based on the definition of blood and 
    breath units in Section 11-501.2;


        (2) under the influence of alcohol;


        (3) under the influence of any intoxicating compound or 
    combination of
intoxicating compounds to a degree that 
    renders the person incapable of
driving safely;


        (4) under the influence of any other drug or 
    combination of drugs to a
degree that renders the person 
    incapable of safely driving;


        (5) under the combined influence of alcohol, other drug 
    or drugs, or
intoxicating compound or compounds to a degree 
    that renders the person
incapable of safely driving; or


        (6) there is any amount of a drug, substance, or 
    compound in the
person's breath, blood, or urine resulting 
    from the unlawful use or consumption
of cannabis listed in 
    the Cannabis Control Act, a controlled substance listed
in 
    the Illinois Controlled Substances Act, or an intoxicating 
    compound listed
in the Use of Intoxicating Compounds Act.


    (b) The fact that any person charged with violating this 
Section is or
has been legally entitled to use alcohol, other 
drug or drugs, or
intoxicating compound or compounds, or any

combination thereof,  shall not constitute a defense against any 
charge of
violating this Section.


    (b-1) With regard to penalties imposed under this Section:

        (1) Any reference to a prior violation of subsection 
    (a) or a similar
provision includes any violation of a 
    provision of a local ordinance or a
provision of a law of 
    another state that is similar to a violation of
subsection 
    (a) of this Section.

        (2) Any penalty imposed for driving with a license that 
    has been revoked
for a previous violation of subsection (a) 
    of this Section shall be in
addition to the penalty imposed 
    for any subsequent violation of subsection (a).

    (b-2) Except as otherwise provided in this Section, any 
person convicted of
violating subsection (a) of this Section is 
guilty of a Class A misdemeanor.

    (b-3) In addition to any other criminal or administrative 
sanction for any
second conviction of violating subsection (a) 
or a similar provision committed
within 5 years of a previous 
violation of subsection (a) or a similar
provision, the 
defendant shall be sentenced to a mandatory minimum of 5 days 
of
imprisonment or assigned a mandatory minimum of 240 hours of 
community service
as may be determined by the court.

    (b-4) In the case of a third or subsequent violation 
committed within 5
years of a previous violation of subsection 
(a) or a similar provision, in
addition to any other criminal 
or administrative sanction, a mandatory minimum
term of either 
10 days of imprisonment or 480 hours of community service shall

be imposed.

    (b-5) The imprisonment or assignment of community service 
under subsections
(b-3) and (b-4) shall not be subject to 
suspension, nor shall the person be
eligible for a reduced 
sentence.


    (c) (Blank).



    (c-1) (1) A person who violates subsection (a)

during
a 
    period in which his
or her driving privileges are revoked 
    or suspended, where the revocation or
suspension was for a 
    violation of subsection (a), Section
11-501.1, paragraph 
    (b)
of Section 11-401, or for reckless homicide as defined 
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

    Class 4 felony.


        (2) A person who violates subsection (a) a third
time, 
    if the third violation occurs during a period in
which his 
    or her driving privileges are revoked or suspended where 
    the
revocation
or suspension was for a violation of 
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
    11-401, or for reckless homicide as defined in Section 9-3

    of the Criminal Code of 1961, is guilty of
a Class 3 
    felony; and if the
person receives a term of
probation or 
    conditional discharge, he or she shall be required to serve 
    a
mandatory
minimum of 10 days of imprisonment or shall be 
    assigned a mandatory minimum of
480 hours of community 
    service, as may be determined by the court, as a
condition 
    of the probation or conditional discharge. This mandatory 
    minimum
term of imprisonment or assignment of community 
    service shall not be suspended
or reduced by the court.

        (2.2) A person who violates subsection (a), if the

    violation occurs during a period in which his or her 
    driving privileges are
revoked or suspended where the 
    revocation or suspension was for a violation of
subsection 
    (a) or Section 11-501.1, shall also be sentenced to an 
    additional
mandatory minimum term of 30 consecutive days of 
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
    720 hours of community service, as may be
determined by the 
    court.  This mandatory term of imprisonment or assignment of

    community service shall  not be suspended or reduced by the 
    court.


        (3) A person who violates subsection (a) a fourth or

    subsequent time, if the fourth or subsequent violation 
    occurs
during a period in which his
or her driving 
    privileges are revoked or suspended where the revocation
or 
    suspension was for a violation of subsection (a),
Section 
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
    homicide as defined in
Section 9-3
of
the Criminal Code of 
    1961, is guilty of
a Class 2 felony and is not eligible for 
    a sentence of probation or
conditional discharge.


    (c-2) (Blank).


    (c-3) (Blank).



    (c-4) (Blank).

    (c-5)(1) A person who violates subsection (a), if the 
    person was transporting
a person under the age of 16 at the 
    time of the violation, is subject to an
additional 
    mandatory minimum fine of $1,000, an additional mandatory 
    minimum
140 hours of community service, which shall include 
    40 hours of community
service in a program benefiting 
    children, and an additional 2 days of
imprisonment. The 
    imprisonment or assignment of community service under this 
    subdivision (c-5)(1) is not subject to suspension, nor is 
    the person eligible for
a reduced sentence.

        (2) Except as provided in subdivisions (c-5)(3) and 
    (c-5)(4) a person who
violates
subsection (a) a second 
    time, if at the time of
the second violation the person was 
    transporting a person under the age of 16,
is subject to an 
    additional 10 days of imprisonment, an additional 
    mandatory
minimum fine of $1,000, and an additional 
    mandatory minimum 140 hours of
community service, which 
    shall include 40 hours of community service in a
program 
    benefiting children.
The imprisonment or assignment of 
    community service under this subdivision (c-5)(2)

is not 
    subject to suspension, nor is the person eligible for a 
    reduced
sentence.

        (3) Except as provided in subdivision (c-5)(4), any 
    person convicted of
violating subdivision (c-5)(2) or a 
    similar
provision within 10 years of a previous violation 
    of subsection (a) or a
similar provision shall receive, in 
    addition to any other penalty imposed, a
mandatory minimum 
    12 days imprisonment, an additional 40 hours of mandatory

    community service in a program benefiting children, and a 
    mandatory minimum
fine of $1,750. The imprisonment or 
    assignment of community service under this subdivision 
    (c-5)(3) is not subject to suspension, nor is the person

    eligible for a reduced sentence.

        (4) Any person convicted of violating subdivision 
    (c-5)(2) or a similar
provision within 5 years of a 
    previous violation of subsection (a) or a similar
provision 
    shall receive, in addition to any other penalty imposed, an

    additional 80 hours of mandatory community service in a 
    program benefiting
children, an additional mandatory 
    minimum 12 days of imprisonment, and a
mandatory minimum 
    fine of $1,750. The imprisonment or assignment of community

    service under this subdivision (c-5)(4)

is not subject to 
    suspension, nor
is the
person eligible for a reduced 
    sentence.

        (5) Any person convicted a third time for violating 
    subsection (a) or a
similar provision, if at the time of 
    the third violation the person was
transporting a person 
    under the age of 16, is guilty of a Class 4 felony and 
    shall
receive, in addition to any other
penalty imposed, an 
    additional mandatory fine of $1,000, an additional

    mandatory 140 hours of community service, which shall 
    include 40 hours in a
program benefiting children, and a 
    mandatory minimum 30 days of imprisonment.
The 
    imprisonment or assignment of community service under this 
    subdivision (c-5)(5)

is not subject to suspension, nor is 
    the person eligible for a reduced
sentence.

        (6) Any person convicted of violating subdivision 
    (c-5)(5) or a similar
provision a third time within 20 
    years of a previous violation of subsection
(a) or a

    similar provision is guilty of a Class 4 felony and shall 
    receive, in addition
to any other penalty imposed, an 
    additional mandatory 40 hours of community
service in a 
    program benefiting children, an additional mandatory fine 
    of
$3,000, and a mandatory minimum 120 days of 
    imprisonment. The imprisonment or
assignment of community 
    service under this subdivision (c-5)(6) is not subject to

    suspension, nor is the person eligible for a reduced 
    sentence.

        (7) Any person convicted a fourth or subsequent time 
    for violating
subsection (a) or a similar provision, if at 
    the time of the fourth or
subsequent violation the person 
    was transporting a person under the age of 16,
and if the 
    person's 3 prior violations of subsection (a) or a
similar 
    provision
occurred while transporting a person under the 
    age of 16 or while the alcohol
concentration in his or her 
    blood, breath, or urine was 0.16 or more based
on the 
    definition of blood, breath, or urine units in Section 
    11-501.2, is
guilty of a Class 2 felony, is not eligible 
    for probation or conditional
discharge, and is subject to a 
    minimum fine of $3,000.

    (c-6)(1) Any person convicted of a first violation of 
    subsection (a) or a
similar provision, if the alcohol 
    concentration in his or her blood, breath, or
urine was 
    0.16 or more based on the definition of blood, breath, or 
    urine
units in Section 11-501.2, shall be subject, in 
    addition to any other penalty
that may be imposed, to a 
    mandatory minimum of 100 hours of community service
and a 
    mandatory minimum fine of $500.

        (2) Any person convicted of a second violation of 
    subsection (a) or a similar provision committed within 10 
    years of a previous violation of subsection (a) or a 
    similar provision, if at the time of the second violation 
    of subsection (a) or a similar provision the
alcohol 
    concentration in his or her blood, breath, or urine was 
    0.16 or more
based on the definition of blood, breath, or 
    urine units in Section 11-501.2,
shall be
subject, in 
    addition to any other penalty that may be imposed, to a 
    mandatory
minimum of 2 days of imprisonment and a mandatory 
    minimum fine of $1,250.

        (3) Any person convicted of a third violation of 
    subsection (a) or a
similar provision within 20 years of a 
    previous violation of subsection (a) or
a
similar 
    provision, if at the time of the third violation of 
    subsection (a) or a
similar provision the alcohol 
    concentration in his or her blood, breath, or
urine was 
    0.16 or more based on the definition of blood, breath, or 
    urine units
in Section 11-501.2, is guilty of a Class 4 
    felony and shall be subject, in
addition to any other 
    penalty that may be imposed, to a mandatory minimum of
90 
    days of imprisonment and a mandatory minimum fine of 
    $2,500.

        (4) Any person convicted of a fourth or subsequent 
    violation of
subsection
(a) or a similar provision, if at 
    the time of the fourth or subsequent
violation the alcohol 
    concentration in his or her blood, breath, or urine was

    0.16 or more based on the definition of blood, breath, or 
    urine units in
Section 11-501.2, and if the person's 3 
    prior violations of subsection (a) or a
similar provision 
    occurred while transporting a person under the age of 16 or

    while the alcohol concentration in his or her blood, 
    breath, or urine was 0.16
or more based on the definition 
    of blood, breath, or urine units in Section
11-501.2, is 
    guilty of a Class 2 felony and is not eligible for a 
    sentence of
probation or conditional discharge and is 
    subject to a minimum fine of
$2,500.


    (d) (1) Every person convicted of committing a violation of 
    this Section
shall be guilty of aggravated driving under 
    the influence of alcohol,
other drug or drugs, or 
    intoxicating compound or compounds, or any combination

    thereof if:


            (A) the person committed a violation of subsection 
        (a) or a similar
provision for the
third or subsequent 
        time;


            (B) the person committed a violation of subsection 
        (a)
while
driving a school bus with persons 18 years of 
        age or younger

on board;


            (C) the person in committing a violation of 
        subsection
(a) was
involved in a motor vehicle accident 
        that resulted in great bodily harm or
permanent 
        disability or disfigurement to another, when the 
        violation was
a proximate cause of the injuries;


            (D) the person committed a violation of subsection 
        (a)
for a
second time and has been previously convicted 
        of violating Section 9-3 of the
Criminal Code of 1961 
        or a similar provision of a law of another state 
        relating to reckless homicide in which the person was

        determined to have been under the influence of alcohol, 
        other drug or
drugs, or intoxicating compound or 
        compounds as an element of the offense or
the person 
        has previously been convicted
under subparagraph (C) 
        or subparagraph (F) of this paragraph (1);


            (E) the person, in committing a violation of 
        subsection (a) while
driving at any speed in a school 
        speed zone at a time when a speed limit of
20 miles per 
        hour was in effect under subsection (a) of Section 
        11-605 of
this Code, was involved in a motor vehicle 
        accident that resulted in bodily
harm, other than great 
        bodily harm or permanent disability or disfigurement,

        to another person, when the violation of subsection (a) 
        was a
proximate cause
of the bodily harm; or


            (F) the person, in committing a violation of 
        subsection (a), was
involved in a motor vehicle, 
        snowmobile, all-terrain vehicle, or watercraft

        accident that resulted in
the death of another person, 
        when the violation of subsection
(a) was
a proximate 
        cause of the death.


        (2) Except as provided in this paragraph (2), a person 
    convicted of
aggravated driving under
the
influence of 
    alcohol, other drug or
drugs,
or intoxicating compound or 
    compounds, or any
combination thereof is guilty of a Class 
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
    (1) of this subsection (d), the defendant, if sentenced to 
    a term
of imprisonment, shall be sentenced
to not less than

    one year nor more than 12 years.
Aggravated driving under 
    the influence of alcohol, other drug or drugs,
or 
    intoxicating compound or compounds, or any combination 
    thereof as
defined in subparagraph (F) of paragraph (1) of 
    this subsection (d) is
a Class 2 felony, for which the 
    defendant, if sentenced to a term of
imprisonment, shall be 
    sentenced to: (A) a
term of imprisonment of not less than 3 
    years and not more
than 14 years if the violation resulted 
    in the death of one person; or
(B) a term of imprisonment 
    of not less than 6 years and not
more than 28 years if the 
    violation resulted in the deaths of 2 or more
persons.
For 
    any prosecution under this subsection
(d), a certified copy 
    of the
driving abstract of the defendant shall be admitted 
    as proof of any prior
conviction.
Any person sentenced 
    under this subsection (d) who receives a term of
probation

    or conditional discharge must serve a minimum term of 
    either 480 hours of
community service or 10 days of 
    imprisonment as a condition of the probation or
conditional 
    discharge. This mandatory minimum term of imprisonment or

    assignment of community service may not be suspended or 
    reduced by the court.


    (e) After a finding of guilt and prior to any final 
sentencing, or an
order for supervision, for an offense based 
upon an arrest for a
violation of this Section or a similar 
provision of a local ordinance,
individuals shall be required 
to undergo a professional evaluation to
determine if an 
alcohol, drug, or intoxicating compound abuse problem exists

and the
extent of the problem, and undergo the imposition of 
treatment as appropriate.
Programs conducting these 
evaluations shall be
licensed by the Department of Human 
Services.  The cost of any professional
evaluation shall be paid 
for by the
individual
required to undergo the professional 
evaluation.


    (e-1) Any person who is found guilty of or pleads guilty to 
violating this
Section, including any person receiving a 
disposition of court supervision for
violating this Section, 
may be required by the Court to attend a victim
impact panel 
offered by, or under contract with, a County State's Attorney's

office, a probation and court services department, Mothers 
Against Drunk
Driving,
or the Alliance Against Intoxicated 
Motorists.
All costs generated by
the victim impact panel shall 
be paid from fees collected from the
offender or as may be 
determined by the court.


    (f) Every person found guilty of violating this Section, 
whose
operation of a motor vehicle while in violation of this 
Section proximately
caused any incident resulting in an 
appropriate emergency response, shall
be liable for the expense 
of an emergency response as provided under
Section 5-5-3 of the 
Unified Code of Corrections.


    (g) The Secretary of State shall revoke the driving 
privileges of any
person convicted under this Section or a 
similar provision of a local
ordinance.


    (h) (Blank).



    (i) The Secretary of State shall require the use of 
ignition interlock
devices on all vehicles owned by an 
individual who has been convicted of a
second
or subsequent 
offense of this Section or a similar provision of a local

ordinance.  The Secretary shall establish by rule and regulation 
the procedures
for certification and use of the interlock 
system.


    (j) In addition to any other penalties and liabilities, a 
person who is
found guilty of or pleads guilty to violating 
subsection (a), including any
person placed on court 
supervision for violating subsection (a), shall be fined
$500, 
payable to the
circuit clerk, who shall distribute the money as 
follows: 20% to the law enforcement agency
that made the arrest 
and 80% shall be forwarded to the State Treasurer for deposit 
into the General Revenue Fund.  If the person has been 
previously convicted of violating
subsection (a) or a similar 
provision of a local
ordinance, the fine shall be
$1,000.  In 
the event that more than one agency is responsible
for the 
arrest, the amount payable to law enforcement agencies  shall be 
shared equally.  Any moneys received
by a law
enforcement agency 
under this subsection (j) shall be used for enforcement and 
prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by this Section, including but 
not limited to the purchase of law
enforcement equipment and 
commodities that will assist in the prevention of alcohol 
related
criminal violence throughout the State; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; and police 
officer salaries, including but not limited to salaries for 
hire back funding for safety checkpoints, saturation patrols, 
and liquor store sting operations.  Equipment and commodities 
shall include, but are not limited
to, in-car video cameras, 
radar and laser speed detection devices, and alcohol
breath 
testers.
Any moneys received by the Department of State Police 
under this subsection
(j) shall be deposited into the State 
Police DUI Fund and shall be used for enforcement and 
prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by this Section, including but 
not limited to the

purchase of law enforcement equipment and 
commodities that will assist in the prevention of
alcohol 
related criminal violence throughout the State; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; and police 
officer salaries, including but not limited to salaries for 
hire back funding for safety checkpoints, saturation patrols, 
and liquor store sting operations.


    (k) The Secretary of State Police DUI Fund is created as a 
special
fund in the State treasury. All moneys received by the 
Secretary of State
Police under subsection (j) of this Section 
shall be deposited into the
Secretary of State Police DUI Fund 
and, subject to appropriation, shall be
used for enforcement 
and prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by this Section, including but 
not limited to the purchase of law enforcement equipment and 
commodities to assist in the prevention of
alcohol related 
criminal violence throughout the State; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; and police 
officer salaries, including but not limited to salaries for 
hire back funding for safety checkpoints, saturation patrols, 
and liquor store sting operations.


    (l) Whenever an individual is sentenced for an offense 
based upon an
arrest for a violation of subsection (a) or a 
similar provision of a local
ordinance, and the professional 
evaluation recommends remedial or
rehabilitative treatment or 
education, neither the treatment nor the education
shall be the 
sole disposition and either or both may be imposed only in

conjunction with another disposition. The court shall monitor 
compliance with
any remedial education or treatment 
recommendations contained in the
professional evaluation. 
Programs conducting alcohol or other drug evaluation
or 
remedial education must be licensed by the Department of Human 
Services. If
the individual is not a resident of Illinois, 
however, the court may accept an
alcohol or other drug 
evaluation or remedial education program in the
individual's 
state of residence.  Programs providing treatment must be 
licensed
under existing applicable alcoholism and drug 
treatment licensure standards.

    (m) In addition to any other fine or penalty required by 
law, an individual
convicted of a violation of subsection (a), 
Section 5-7 of the Snowmobile
Registration and Safety Act, 
Section 5-16 of the Boat Registration and Safety
Act, or a 
similar provision, whose operation of a motor vehicle, 
snowmobile, or
watercraft while in
violation of subsection (a), 
Section 5-7 of the Snowmobile Registration and
Safety Act, 
Section 5-16 of the Boat Registration and Safety Act, or a 
similar
provision proximately caused an incident resulting in 
an appropriate emergency
response, shall be required to make 
restitution to a public agency for the
costs of that emergency 
response. The restitution may not exceed $1,000 per
public 
agency for each emergency response. As used in this subsection 
(m),
"emergency response" means any incident requiring a 
response by a police
officer, a firefighter carried on the 
rolls of a regularly constituted fire
department, or an 
ambulance.


(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
93-840, eff. 7-30-04; 93-1093, eff. 3-29-05; 94-963, eff. 
6-28-06.)

 
    (Text of Section from P.A. 94-110 and 94-963)
    Sec. 11-501. Driving while under the influence of alcohol, 
other drug or
drugs, intoxicating compound or compounds or any 
combination thereof.

    (a) A person shall not drive or be in actual
physical 
control of any vehicle within this State while:


        (1) the alcohol concentration in the person's blood or 
    breath is 0.08
or more based on the definition of blood and 
    breath units in Section 11-501.2;


        (2) under the influence of alcohol;


        (3) under the influence of any intoxicating compound or 
    combination of
intoxicating compounds to a degree that 
    renders the person incapable of
driving safely;


        (4) under the influence of any other drug or 
    combination of drugs to a
degree that renders the person 
    incapable of safely driving;


        (5) under the combined influence of alcohol, other drug 
    or drugs, or
intoxicating compound or compounds to a degree 
    that renders the person
incapable of safely driving; or


        (6) there is any amount of a drug, substance, or 
    compound in the
person's breath, blood, or urine resulting 
    from the unlawful use or consumption
of cannabis listed in 
    the Cannabis Control Act, a controlled substance listed
in 
    the Illinois Controlled Substances Act, or an intoxicating 
    compound listed
in the Use of Intoxicating Compounds Act.


    (b) The fact that any person charged with violating this 
Section is or
has been legally entitled to use alcohol, other 
drug or drugs, or
intoxicating compound or compounds, or any

combination thereof,  shall not constitute a defense against any 
charge of
violating this Section.


    (b-1) With regard to penalties imposed under this Section:

        (1) Any reference to a prior violation of subsection 
    (a) or a similar
provision includes any violation of a 
    provision of a local ordinance or a
provision of a law of 
    another state that is similar to a violation of
subsection 
    (a) of this Section.

        (2) Any penalty imposed for driving with a license that 
    has been revoked
for a previous violation of subsection (a) 
    of this Section shall be in
addition to the penalty imposed 
    for any subsequent violation of subsection (a).

    (b-2) Except as otherwise provided in this Section, any 
person convicted of
violating subsection (a) of this Section is 
guilty of a Class A misdemeanor.

    (b-3) In addition to any other criminal or administrative 
sanction for any
second conviction of violating subsection (a) 
or a similar provision committed
within 5 years of a previous 
violation of subsection (a) or a similar
provision, the 
defendant shall be sentenced to a mandatory minimum of 5 days 
of
imprisonment or assigned a mandatory minimum of 240 hours of 
community service
as may be determined by the court.

    (b-4) In the case of a third or subsequent violation 
committed within 5
years of a previous violation of subsection 
(a) or a similar provision, in
addition to any other criminal 
or administrative sanction, a mandatory minimum
term of either 
10 days of imprisonment or 480 hours of community service shall

be imposed.

    (b-5) The imprisonment or assignment of community service 
under subsections
(b-3) and (b-4) shall not be subject to 
suspension, nor shall the person be
eligible for a reduced 
sentence.


    (c) (Blank).



    (c-1) (1) A person who violates subsection (a)

during
a 
    period in which his
or her driving privileges are revoked 
    or suspended, where the revocation or
suspension was for a 
    violation of subsection (a), Section
11-501.1, paragraph 
    (b)
of Section 11-401, or for reckless homicide as defined 
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

    Class 4 felony.


        (2) A person who violates subsection (a) a third
time, 
    if the third violation occurs during a period in
which his 
    or her driving privileges are revoked or suspended where 
    the
revocation
or suspension was for a violation of 
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
    11-401, or for reckless homicide as defined in Section 9-3

    of the Criminal Code of 1961, is guilty of
a Class 3 
    felony; and if the
person receives a term of
probation or 
    conditional discharge, he or she shall be required to serve 
    a
mandatory
minimum of 10 days of imprisonment or shall be 
    assigned a mandatory minimum of
480 hours of community 
    service, as may be determined by the court, as a
condition 
    of the probation or conditional discharge. This mandatory 
    minimum
term of imprisonment or assignment of community 
    service shall not be suspended
or reduced by the court.

        (2.2) A person who violates subsection (a), if the

    violation occurs during a period in which his or her 
    driving privileges are
revoked or suspended where the 
    revocation or suspension was for a violation of
subsection 
    (a) or Section 11-501.1, shall also be sentenced to an 
    additional
mandatory minimum term of 30 consecutive days of 
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
    720 hours of community service, as may be
determined by the 
    court.  This mandatory term of imprisonment or assignment of

    community service shall  not be suspended or reduced by the 
    court.


        (3) A person who violates subsection (a) a fourth or

    subsequent time, if the fourth or subsequent violation 
    occurs
during a period in which his
or her driving 
    privileges are revoked or suspended where the revocation
or 
    suspension was for a violation of subsection (a),
Section 
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
    homicide as defined in
Section 9-3
of
the Criminal Code of 
    1961, is guilty of
a Class 2 felony and is not eligible for 
    a sentence of probation or
conditional discharge.


    (c-2) (Blank).


    (c-3) (Blank).



    (c-4) (Blank).

    (c-5) Except as provided in subsection (c-5.1), a person 21 
years of age or older who violates subsection (a), if the 
person was transporting
a person under the age of 16 at the 
time of the violation, is subject to 6 months of imprisonment, 
an
additional mandatory minimum fine of $1,000, and 25 days of 
community service in a program benefiting children. The 
imprisonment or assignment of community service under this

subsection (c-5) is not subject to suspension, nor is the 
person eligible for
a reduced sentence.

    (c-5.1) A person 21 years of age or older who is convicted 
of violating subsection (a) of this Section
a
first time and 
who in committing that violation was involved in a motor 
vehicle
accident that resulted in bodily harm to the child 
under the age of 16 being
transported by the person, if the 
violation was the proximate cause of the
injury, is guilty of a 
Class 4 felony and is subject to one year of
imprisonment,
a 
mandatory fine of $2,500, and 25 days of community service in a 
program
benefiting children. The imprisonment or assignment to 
community service under
this subsection (c-5.1) shall not be 
subject to suspension, nor shall the person be
eligible for 
probation in order to reduce the sentence or assignment.

    (c-6) Except as provided in subsections (c-7) and (c-7.1), 
a person 21 years of age or older who
violates
subsection (a) a 
second time, if at the time of
the second violation the person 
was transporting a person under the age of 16,
is subject to 6 
months of imprisonment, an additional mandatory
minimum fine of 
$1,000, and an additional mandatory minimum 140 hours of

community service, which shall include 40 hours of community 
service in a
program benefiting children.
The imprisonment or 
assignment of community service under this subsection (c-6)
is 
not subject to suspension, nor is the person eligible for a 
reduced
sentence.

    (c-7) Except as provided in subsection (c-7.1), any person 
21 years of age or older convicted of
violating subsection 
(c-6) or a similar
provision within 10 years of a previous 
violation of subsection (a) or a
similar provision is guilty of 
a Class 4 felony and, in addition to any other penalty imposed, 
is subject to one year of

imprisonment, 25 days of mandatory

community service in a program benefiting children, and a 
mandatory
fine of $2,500. The imprisonment or assignment of 
community service under this
subsection (c-7) is not subject to 
suspension, nor is the person
eligible for a reduced sentence.

    (c-7.1) A person 21 years of age or older who is convicted 
of violating subsection (a) of this Section
a
second time 
within 10 years and who in committing that violation was 
involved
in a motor vehicle accident that resulted in bodily 
harm to the child under the
age of 16 being transported, if the 
violation was the proximate cause of the
injury, is guilty of a 
Class 4 felony and is subject to 18 months of
imprisonment, a

mandatory fine of $5,000, and 25 days of community service in a 
program
benefiting
children. The imprisonment or assignment to 
community service under this
subsection
(c-7.1) shall not be 
subject to suspension, nor shall the person be eligible for

probation in order
to reduce the sentence or assignment.

    (c-8) (Blank).

    (c-9)  Any person 21 years of age or older convicted a third 
time for violating subsection (a) or a
similar provision, if at 
the time of the third violation the person was
transporting a 
person under the age of 16, is guilty of a Class 4 felony and is 
subject to 18 months of imprisonment, a mandatory fine of 
$2,500, and 25 days  of community service in a
program 
benefiting children.
The imprisonment or assignment of 
community service under this subsection (c-9)
is not subject to 
suspension, nor is the person eligible for a reduced
sentence.

    (c-10) Any person 21 years of age or older convicted of 
violating subsection (c-9) or a similar
provision a third time 
within 20 years of a previous violation of subsection
(a) or a

similar provision is guilty of a Class 3 felony and, in 
addition
to any other penalty imposed, is subject to 3 years of 
imprisonment, 25 days of community
service in a program 
benefiting children, and a mandatory fine of
$25,000. The 
imprisonment or
assignment of community service under this 
subsection (c-10) is not subject to
suspension, nor is the 
person eligible for a reduced sentence.

    (c-11) Any person 21 years of age or older convicted a 
fourth or subsequent time for violating
subsection (a) or a 
similar provision, if at the time of the fourth or
subsequent 
violation the person was transporting a person under the age of 
16,
and if the person's 3 prior violations of subsection (a) or 
a similar provision
occurred while transporting a person under 
the age of 16 or while the alcohol
concentration in his or her 
blood, breath, or urine was 0.16 or more based
on the 
definition of blood, breath, or urine units in Section 
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
probation or conditional
discharge, and is subject to a minimum 
fine of $25,000.

    (c-12) Any person convicted of a first violation of 
subsection (a) or a
similar provision, if the alcohol 
concentration in his or her blood, breath, or
urine was 0.16 or 
more based on the definition of blood, breath, or urine
units 
in Section 11-501.2, shall be subject, in addition to any other 
penalty
that may be imposed, to a mandatory minimum of 100 
hours of community service
and a mandatory minimum fine of 
$500.

    (c-13) Any person convicted of a second violation of 
subsection (a) or a similar provision committed within 10 years 
of a previous violation of subsection (a) or a similar 
provision, if at the time of the second violation of subsection 
(a) or a similar provision the
alcohol concentration in his or 
her blood, breath, or urine was 0.16 or more
based on the 
definition of blood, breath, or urine units in Section 
11-501.2,
shall be
subject, in addition to any other penalty 
that may be imposed, to a mandatory
minimum of 2 days of 
imprisonment and a mandatory minimum fine of $1,250.

    (c-14) Any person convicted of a third violation of 
subsection (a) or a
similar provision within 20 years of a 
previous violation of subsection (a) or
a
similar provision, if 
at the time of the third violation of subsection (a) or a

similar provision the alcohol concentration in his or her 
blood, breath, or
urine was 0.16 or more based on the 
definition of blood, breath, or urine units
in Section 
11-501.2, is guilty of a Class 4 felony and shall be subject, 
in
addition to any other penalty that may be imposed, to a 
mandatory minimum of
90 days of imprisonment and a mandatory 
minimum fine of $2,500.

    (c-15) Any person convicted of a fourth or subsequent 
violation of
subsection
(a) or a similar provision, if at the 
time of the fourth or subsequent
violation the alcohol 
concentration in his or her blood, breath, or urine was
0.16 or 
more based on the definition of blood, breath, or urine units 
in
Section 11-501.2, and if the person's 3 prior violations of 
subsection (a) or a
similar provision occurred while 
transporting a person under the age of 16 or
while the alcohol 
concentration in his or her blood, breath, or urine was 0.16
or 
more based on the definition of blood, breath, or urine units 
in Section
11-501.2, is guilty of a Class 2 felony and is not 
eligible for a sentence of
probation or conditional discharge 
and is subject to a minimum fine of
$2,500.


    (d) (1) Every person convicted of committing a violation of 
    this Section
shall be guilty of aggravated driving under 
    the influence of alcohol,
other drug or drugs, or 
    intoxicating compound or compounds, or any combination

    thereof if:


            (A) the person committed a violation of subsection 
        (a) or a similar
provision for the
third or subsequent 
        time;


            (B) the person committed a violation of subsection 
        (a)
while
driving a school bus with persons 18 years of 
        age or younger

on board;


            (C) the person in committing a violation of 
        subsection
(a) was
involved in a motor vehicle accident 
        that resulted in great bodily harm or
permanent 
        disability or disfigurement to another, when the 
        violation was
a proximate cause of the injuries;


            (D) the person committed a violation of subsection 
        (a)
for a
second time and has been previously convicted 
        of violating Section 9-3 of the
Criminal Code of 1961 
        or a similar provision of a law of another state 
        relating to reckless homicide in which the person was

        determined to have been under the influence of alcohol, 
        other drug or
drugs, or intoxicating compound or 
        compounds as an element of the offense or
the person 
        has previously been convicted
under subparagraph (C) 
        or subparagraph (F) of this paragraph (1);


            (E) the person, in committing a violation of 
        subsection (a) while
driving at any speed in a school 
        speed zone at a time when a speed limit of
20 miles per 
        hour was in effect under subsection (a) of Section 
        11-605 of
this Code, was involved in a motor vehicle 
        accident that resulted in bodily
harm, other than great 
        bodily harm or permanent disability or disfigurement,

        to another person, when the violation of subsection (a) 
        was a
proximate cause
of the bodily harm; or


            (F) the person, in committing a violation of 
        subsection (a), was
involved in a motor vehicle, 
        snowmobile, all-terrain vehicle, or watercraft

        accident that resulted in
the death of another person, 
        when the violation of subsection
(a) was
a proximate 
        cause of the death.


        (2) Except as provided in this paragraph (2), a person 
    convicted of
aggravated driving under
the
influence of 
    alcohol, other drug or
drugs,
or intoxicating compound or 
    compounds, or any
combination thereof is guilty of a Class 
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
    (1) of this subsection (d), the defendant, if sentenced to 
    a term
of imprisonment, shall be sentenced
to not less than

    one year nor more than 12 years.
Aggravated driving under 
    the influence of alcohol, other drug or drugs,
or 
    intoxicating compound or compounds, or any combination 
    thereof as
defined in subparagraph (F) of paragraph (1) of 
    this subsection (d) is
a Class 2 felony, for which the 
    defendant, if sentenced to a term of
imprisonment, shall be 
    sentenced to: (A) a
term of imprisonment of not less than 3 
    years and not more
than 14 years if the violation resulted 
    in the death of one person; or
(B) a term of imprisonment 
    of not less than 6 years and not
more than 28 years if the 
    violation resulted in the deaths of 2 or more
persons.
For 
    any prosecution under this subsection
(d), a certified copy 
    of the
driving abstract of the defendant shall be admitted 
    as proof of any prior
conviction.
Any person sentenced 
    under this subsection (d) who receives a term of
probation

    or conditional discharge must serve a minimum term of 
    either 480 hours of
community service or 10 days of 
    imprisonment as a condition of the probation or
conditional 
    discharge. This mandatory minimum term of imprisonment or

    assignment of community service may not be suspended or 
    reduced by the court.


    (e) After a finding of guilt and prior to any final 
sentencing, or an
order for supervision, for an offense based 
upon an arrest for a
violation of this Section or a similar 
provision of a local ordinance,
individuals shall be required 
to undergo a professional evaluation to
determine if an 
alcohol, drug, or intoxicating compound abuse problem exists

and the
extent of the problem, and undergo the imposition of 
treatment as appropriate.
Programs conducting these 
evaluations shall be
licensed by the Department of Human 
Services.  The cost of any professional
evaluation shall be paid 
for by the
individual
required to undergo the professional 
evaluation.


    (e-1) Any person who is found guilty of or pleads guilty to 
violating this
Section, including any person receiving a 
disposition of court supervision for
violating this Section, 
may be required by the Court to attend a victim
impact panel 
offered by, or under contract with, a County State's Attorney's

office, a probation and court services department, Mothers 
Against Drunk
Driving,
or the Alliance Against Intoxicated 
Motorists.
All costs generated by
the victim impact panel shall 
be paid from fees collected from the
offender or as may be 
determined by the court.


    (f) Every person found guilty of violating this Section, 
whose
operation of a motor vehicle while in violation of this 
Section proximately
caused any incident resulting in an 
appropriate emergency response, shall
be liable for the expense 
of an emergency response as provided under
Section 5-5-3 of the 
Unified Code of Corrections.


    (g) The Secretary of State shall revoke the driving 
privileges of any
person convicted under this Section or a 
similar provision of a local
ordinance.


    (h) (Blank).



    (i) The Secretary of State shall require the use of 
ignition interlock
devices on all vehicles owned by an 
individual who has been convicted of a
second
or subsequent 
offense of this Section or a similar provision of a local

ordinance.  The Secretary shall establish by rule and regulation 
the procedures
for certification and use of the interlock 
system.


    (j) In addition to any other penalties and liabilities, a 
person who is
found guilty of or pleads guilty to violating 
subsection (a), including any
person placed on court 
supervision for violating subsection (a), shall be fined
$500, 
payable to the
circuit clerk, who shall distribute the money as 
follows: 20% to the law enforcement agency
that made the arrest 
and 80% shall be forwarded to the State Treasurer for deposit 
into the General Revenue Fund.  If the person has been 
previously convicted of violating
subsection (a) or a similar 
provision of a local
ordinance, the fine shall be
$1,000.  In 
the event that more than one agency is responsible
for the 
arrest, the amount payable to law enforcement agencies  shall be 
shared equally.  Any moneys received
by a law
enforcement agency 
under this subsection (j) shall be used for enforcement and 
prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by this Section, including but 
not limited to the purchase of law
enforcement equipment and 
commodities that will assist in the prevention of alcohol 
related
criminal violence throughout the State; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; and police 
officer salaries, including but not limited to salaries for 
hire back funding for safety checkpoints, saturation patrols, 
and liquor store sting operations. Equipment and commodities 
shall include, but are not limited
to, in-car video cameras, 
radar and laser speed detection devices, and alcohol
breath 
testers.
Any moneys received by the Department of State Police 
under this subsection
(j) shall be deposited into the State 
Police DUI Fund and shall be used for enforcement and 
prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by this Section, including but 
not limited to the

purchase of law enforcement equipment and 
commodities that will assist in the prevention of
alcohol 
related criminal violence throughout the State; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; and police 
officer salaries, including but not limited to salaries for 
hire back funding for safety checkpoints, saturation patrols, 
and liquor store sting operations.


    (k) The Secretary of State Police DUI Fund is created as a 
special
fund in the State treasury. All moneys received by the 
Secretary of State
Police under subsection (j) of this Section 
shall be deposited into the
Secretary of State Police DUI Fund 
and, subject to appropriation, shall be
used for enforcement 
and prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by this Section, including but 
not limited to the purchase of law enforcement equipment and 
commodities to assist in the prevention of
alcohol related 
criminal violence throughout the State; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; and police 
officer salaries, including but not limited to salaries for 
hire back funding for safety checkpoints, saturation patrols, 
and liquor store sting operations.


    (l) Whenever an individual is sentenced for an offense 
based upon an
arrest for a violation of subsection (a) or a 
similar provision of a local
ordinance, and the professional 
evaluation recommends remedial or
rehabilitative treatment or 
education, neither the treatment nor the education
shall be the 
sole disposition and either or both may be imposed only in

conjunction with another disposition. The court shall monitor 
compliance with
any remedial education or treatment 
recommendations contained in the
professional evaluation. 
Programs conducting alcohol or other drug evaluation
or 
remedial education must be licensed by the Department of Human 
Services. If
the individual is not a resident of Illinois, 
however, the court may accept an
alcohol or other drug 
evaluation or remedial education program in the
individual's 
state of residence.  Programs providing treatment must be 
licensed
under existing applicable alcoholism and drug 
treatment licensure standards.

    (m) In addition to any other fine or penalty required by 
law, an individual
convicted of a violation of subsection (a), 
Section 5-7 of the Snowmobile
Registration and Safety Act, 
Section 5-16 of the Boat Registration and Safety
Act, or a 
similar provision, whose operation of a motor vehicle, 
snowmobile, or
watercraft while in
violation of subsection (a), 
Section 5-7 of the Snowmobile Registration and
Safety Act, 
Section 5-16 of the Boat Registration and Safety Act, or a 
similar
provision proximately caused an incident resulting in 
an appropriate emergency
response, shall be required to make 
restitution to a public agency for the
costs of that emergency 
response. The restitution may not exceed $1,000 per
public 
agency for each emergency response. As used in this subsection 
(m),
"emergency response" means any incident requiring a 
response by a police
officer, a firefighter carried on the 
rolls of a regularly constituted fire
department, or an 
ambulance.


(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
93-840, eff. 7-30-04; 94-110, eff. 1-1-06; 94-963, eff. 
6-28-06.)

 
    (Text of Section from P.A. 94-113, 94-609, and 94-963)
    Sec. 11-501. Driving while under the influence of alcohol, 
other drug or
drugs, intoxicating compound or compounds or any 
combination thereof.

    (a) A person shall not drive or be in actual
physical 
control of any vehicle within this State while:


        (1) the alcohol concentration in the person's blood or 
    breath is 0.08
or more based on the definition of blood and 
    breath units in Section 11-501.2;


        (2) under the influence of alcohol;


        (3) under the influence of any intoxicating compound or 
    combination of
intoxicating compounds to a degree that 
    renders the person incapable of
driving safely;


        (4) under the influence of any other drug or 
    combination of drugs to a
degree that renders the person 
    incapable of safely driving;


        (5) under the combined influence of alcohol, other drug 
    or drugs, or
intoxicating compound or compounds to a degree 
    that renders the person
incapable of safely driving; or


        (6) there is any amount of a drug, substance, or 
    compound in the
person's breath, blood, or urine resulting 
    from the unlawful use or consumption
of cannabis listed in 
    the Cannabis Control Act, a controlled substance listed
in 
    the Illinois Controlled Substances Act, or an intoxicating 
    compound listed
in the Use of Intoxicating Compounds Act.


    (b) The fact that any person charged with violating this 
Section is or
has been legally entitled to use alcohol, other 
drug or drugs, or
intoxicating compound or compounds, or any

combination thereof,  shall not constitute a defense against any 
charge of
violating this Section.


    (b-1) With regard to penalties imposed under this Section:

        (1) Any reference to a prior violation of subsection 
    (a) or a similar
provision includes any violation of a 
    provision of a local ordinance or a
provision of a law of 
    another state that is similar to a violation of
subsection 
    (a) of this Section.

        (2) Any penalty imposed for driving with a license that 
    has been revoked
for a previous violation of subsection (a) 
    of this Section shall be in
addition to the penalty imposed 
    for any subsequent violation of subsection (a).

    (b-2) Except as otherwise provided in this Section, any 
person convicted of
violating subsection (a) of this Section is 
guilty of a Class A misdemeanor.

    (b-3) In addition to any other criminal or administrative 
sanction for any
second conviction of violating subsection (a) 
or a similar provision committed
within 5 years of a previous 
violation of subsection (a) or a similar
provision, the 
defendant shall be sentenced to a mandatory minimum of 5 days 
of
imprisonment or assigned a mandatory minimum of 240 hours of 
community service
as may be determined by the court.

    (b-4) In the case of a third or subsequent violation 
committed within 5
years of a previous violation of subsection 
(a) or a similar provision, in
addition to any other criminal 
or administrative sanction, a mandatory minimum
term of either 
10 days of imprisonment or 480 hours of community service shall

be imposed.

    (b-5) The imprisonment or assignment of community service 
under subsections
(b-3) and (b-4) shall not be subject to 
suspension, nor shall the person be
eligible for a reduced 
sentence.


    (c) (Blank).



    (c-1) (1) A person who violates subsection (a)

during
a 
    period in which his
or her driving privileges are revoked 
    or suspended, where the revocation or
suspension was for a 
    violation of subsection (a), Section
11-501.1, paragraph 
    (b)
of Section 11-401, or for reckless homicide as defined 
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

    Class 4 felony.


        (2) A person who violates subsection (a) a third
time, 
    if the third violation occurs during a period in
which his 
    or her driving privileges are revoked or suspended where 
    the
revocation
or suspension was for a violation of 
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
    11-401, or for reckless homicide as defined in Section 9-3

    of the Criminal Code of 1961, is guilty of
a Class 3 
    felony.
        (2.1) A person who violates subsection (a) a third 
    time, if the third
violation occurs during a period in 
    which his or her driving privileges are
revoked or 
    suspended where the revocation or suspension was for a 
    violation of
subsection (a), Section 11-501.1, subsection 
    (b) of Section 11-401, or for
reckless homicide as defined 
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
    Class 3 felony; and if the
person receives a term of

    probation or conditional discharge, he or she shall be 
    required to serve a
mandatory
minimum of 10 days of 
    imprisonment or shall be assigned a mandatory minimum of

    480 hours of community service, as may be determined by the 
    court, as a
condition of the probation or conditional 
    discharge. This mandatory minimum
term of imprisonment or 
    assignment of community service shall not be suspended
or 
    reduced by the court.

        (2.2) A person who violates subsection (a), if the

    violation occurs during a period in which his or her 
    driving privileges are
revoked or suspended where the 
    revocation or suspension was for a violation of
subsection 
    (a) or Section 11-501.1, shall also be sentenced to an 
    additional
mandatory minimum term of 30 consecutive days of 
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
    720 hours of community service, as may be
determined by the 
    court.  This mandatory term of imprisonment or assignment of

    community service shall  not be suspended or reduced by the 
    court.


        (3) A person who violates subsection (a) a fourth or

    subsequent time, if the fourth or subsequent violation 
    occurs
during a period in which his
or her driving 
    privileges are revoked or suspended where the revocation
or 
    suspension was for a violation of subsection (a),
Section 
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
    homicide as defined in
Section 9-3
of
the Criminal Code of 
    1961, is guilty of
a Class 2 felony and is not eligible for 
    a sentence of probation or
conditional discharge.


    (c-2) (Blank).


    (c-3) (Blank).



    (c-4) (Blank).

    (c-5) A person who violates subsection (a), if the person 
was transporting
a person under the age of 16 at the time of 
the violation, is subject to an
additional mandatory minimum 
fine of $1,000, an additional mandatory minimum
140 hours of 
community service, which shall include 40 hours of community

service in a program benefiting children, and an additional 2 
days of
imprisonment. The imprisonment or assignment of 
community service under this
subsection (c-5) is not subject to 
suspension, nor is the person eligible for
a reduced sentence.

    (c-6) Except as provided in subsections (c-7) and (c-8) a 
person who
violates
subsection (a) a second time, if at the 
time of
the second violation the person was transporting a 
person under the age of 16,
is subject to an additional 10 days 
of imprisonment, an additional mandatory
minimum fine of 
$1,000, and an additional mandatory minimum 140 hours of

community service, which shall include 40 hours of community 
service in a
program benefiting children.
The imprisonment or 
assignment of community service under this subsection (c-6)
is 
not subject to suspension, nor is the person eligible for a 
reduced
sentence.

    (c-7) Except as provided in subsection (c-8), any person 
convicted of
violating subsection (c-6) or a similar
provision 
within 10 years of a previous violation of subsection (a) or a

similar provision shall receive, in addition to any other 
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
additional 40 hours of mandatory
community service in a program 
benefiting children, and a mandatory minimum
fine of $1,750. 
The imprisonment or assignment of community service under this

subsection (c-7) is not subject to suspension, nor is the 
person
eligible for a reduced sentence.

    (c-8) Any person convicted of violating subsection (c-6) or 
a similar
provision within 5 years of a previous violation of 
subsection (a) or a similar
provision shall receive, in 
addition to any other penalty imposed, an
additional 80 hours 
of mandatory community service in a program benefiting

children, an additional mandatory minimum 12 days of 
imprisonment, and a
mandatory minimum fine of $1,750. The 
imprisonment or assignment of community
service under this 
subsection (c-8) is not subject to suspension, nor
is the

person eligible for a reduced sentence.

    (c-9) Any person convicted a third time for violating 
subsection (a) or a
similar provision, if at the time of the 
third violation the person was
transporting a person under the 
age of 16, is guilty of a Class 4 felony and shall
receive, in 
addition to any other
penalty imposed, an additional mandatory 
fine of $1,000, an additional
mandatory 140 hours of community 
service, which shall include 40 hours in a
program benefiting 
children, and a mandatory minimum 30 days of imprisonment.
The 
imprisonment or assignment of community service under this 
subsection (c-9)
is not subject to suspension, nor is the 
person eligible for a reduced
sentence.

    (c-10) Any person convicted of violating subsection (c-9) 
or a similar
provision a third time within 20 years of a 
previous violation of subsection
(a) or a
similar provision is 
guilty of a Class 4 felony and shall receive, in addition
to 
any other penalty imposed, an additional mandatory 40 hours of 
community
service in a program benefiting children, an 
additional mandatory fine of

$3,000, and a mandatory minimum 
120 days of imprisonment. The imprisonment or
assignment of 
community service under this subsection (c-10) is not subject 
to
suspension, nor is the person eligible for a reduced 
sentence.

    (c-11) Any person convicted a fourth or subsequent time for 
violating
subsection (a) or a similar provision, if at the time 
of the fourth or
subsequent violation the person was 
transporting a person under the age of 16,
and if the person's 
3 prior violations of subsection (a) or a similar provision

occurred while transporting a person under the age of 16 or 
while the alcohol
concentration in his or her blood, breath, or 
urine was 0.16 or more based
on the definition of blood, 
breath, or urine units in Section 11-501.2, is
guilty of a 
Class 2 felony, is not eligible for probation or conditional

discharge, and is subject to a minimum fine of $3,000.

    (c-12) Any person convicted of a first violation of 
subsection (a) or a
similar provision, if the alcohol 
concentration in his or her blood, breath, or
urine was 0.16 or 
more based on the definition of blood, breath, or urine
units 
in Section 11-501.2, shall be subject, in addition to any other 
penalty
that may be imposed, to a mandatory minimum of 100 
hours of community service
and a mandatory minimum fine of 
$500.

    (c-13) Any person convicted of a second violation of 
subsection (a) or a similar provision committed within 10 years 
of a previous violation of subsection (a) or a similar 
provision committed within 10 years of a previous violation of 
subsection (a) or a similar provision, if at the time of the 
second violation of subsection (a) the
alcohol concentration in 
his or her blood, breath, or urine was 0.16 or more
based on 
the definition of blood, breath, or urine units in Section 
11-501.2,
shall be
subject, in addition to any other penalty 
that may be imposed, to a mandatory
minimum of 2 days of 
imprisonment and a mandatory minimum fine of $1,250.

    (c-14) Any person convicted of a third violation of 
subsection (a) or a
similar provision within 20 years of a 
previous violation of subsection (a) or
a
similar provision, if 
at the time of the third violation of subsection (a) or a

similar provision the alcohol concentration in his or her 
blood, breath, or
urine was 0.16 or more based on the 
definition of blood, breath, or urine units
in Section 
11-501.2, is guilty of a Class 4 felony and shall be subject, 
in
addition to any other penalty that may be imposed, to a 
mandatory minimum of
90 days of imprisonment and a mandatory 
minimum fine of $2,500.

    (c-15) Any person convicted of a fourth or subsequent 
violation of
subsection
(a) or a similar provision, if at the 
time of the fourth or subsequent
violation the alcohol 
concentration in his or her blood, breath, or urine was
0.16 or 
more based on the definition of blood, breath, or urine units 
in
Section 11-501.2, and if the person's 3 prior violations of 
subsection (a) or a
similar provision occurred while 
transporting a person under the age of 16 or
while the alcohol 
concentration in his or her blood, breath, or urine was 0.16
or 
more based on the definition of blood, breath, or urine units 
in Section
11-501.2, is guilty of a Class 2 felony and is not 
eligible for a sentence of
probation or conditional discharge 
and is subject to a minimum fine of
$2,500.


    (d) (1) Every person convicted of committing a violation of 
    this Section
shall be guilty of aggravated driving under 
    the influence of alcohol,
other drug or drugs, or 
    intoxicating compound or compounds, or any combination

    thereof if:


            (A) the person committed a violation of subsection 
        (a) or a similar
provision for the
third or subsequent 
        time;


            (B) the person committed a violation of subsection 
        (a)
while
driving a school bus with persons 18 years of 
        age or younger

on board;


            (C) the person in committing a violation of 
        subsection
(a) was
involved in a motor vehicle accident 
        that resulted in great bodily harm or
permanent 
        disability or disfigurement to another, when the 
        violation was
a proximate cause of the injuries;


            (D) the person committed a violation of subsection 
        (a)
for a
second time and has been previously convicted 
        of violating Section 9-3 of the
Criminal Code of 1961 
        or a similar provision of a law of another state 
        relating to reckless homicide in which the person was

        determined to have been under the influence of alcohol, 
        other drug or
drugs, or intoxicating compound or 
        compounds as an element of the offense or
the person 
        has previously been convicted
under subparagraph (C) 
        or subparagraph (F) of this paragraph (1);


            (E) the person, in committing a violation of 
        subsection (a) while
driving at any speed in a school 
        speed zone at a time when a speed limit of
20 miles per 
        hour was in effect under subsection (a) of Section 
        11-605 of
this Code, was involved in a motor vehicle 
        accident that resulted in bodily
harm, other than great 
        bodily harm or permanent disability or disfigurement,

        to another person, when the violation of subsection (a) 
        was a
proximate cause
of the bodily harm; or


            (F) the person, in committing a violation of 
        subsection (a), was
involved in a motor vehicle, 
        snowmobile, all-terrain vehicle, or watercraft

        accident that resulted in
the death of another person, 
        when the violation of subsection
(a) was
a proximate 
        cause of the death.


        (2) Except as provided in this paragraph (2), a person 
    convicted of
aggravated driving under
the
influence of 
    alcohol, other drug or
drugs,
or intoxicating compound or 
    compounds, or any
combination thereof is guilty of a Class 
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
    (1) of this subsection (d), the defendant, if sentenced to 
    a term
of imprisonment, shall be sentenced
to not less than

    one year nor more than 12 years.
Aggravated driving under 
    the influence of alcohol, other drug or drugs,
or 
    intoxicating compound or compounds, or any combination 
    thereof as
defined in subparagraph (F) of paragraph (1) of 
    this subsection (d) is
a Class 2 felony, for which the 
    defendant, unless the court determines that extraordinary 
    circumstances exist and require probation, shall be 
    sentenced to: (A) a
term of imprisonment of not less than 3 
    years and not more
than 14 years if the violation resulted 
    in the death of one person; or
(B) a term of imprisonment 
    of not less than 6 years and not
more than 28 years if the 
    violation resulted in the deaths of 2 or more
persons.
For 
    any prosecution under this subsection
(d), a certified copy 
    of the
driving abstract of the defendant shall be admitted 
    as proof of any prior
conviction.
Any person sentenced 
    under this subsection (d) who receives a term of
probation

    or conditional discharge must serve a minimum term of 
    either 480 hours of
community service or 10 days of 
    imprisonment as a condition of the probation or
conditional 
    discharge. This mandatory minimum term of imprisonment or

    assignment of community service may not be suspended or 
    reduced by the court.


    (e) After a finding of guilt and prior to any final 
sentencing, or an
order for supervision, for an offense based 
upon an arrest for a
violation of this Section or a similar 
provision of a local ordinance,
individuals shall be required 
to undergo a professional evaluation to
determine if an 
alcohol, drug, or intoxicating compound abuse problem exists

and the
extent of the problem, and undergo the imposition of 
treatment as appropriate.
Programs conducting these 
evaluations shall be
licensed by the Department of Human 
Services.  The cost of any professional
evaluation shall be paid 
for by the
individual
required to undergo the professional 
evaluation.


    (e-1) Any person who is found guilty of or pleads guilty to 
violating this
Section, including any person receiving a 
disposition of court supervision for
violating this Section, 
may be required by the Court to attend a victim
impact panel 
offered by, or under contract with, a County State's Attorney's

office, a probation and court services department, Mothers 
Against Drunk
Driving,
or the Alliance Against Intoxicated 
Motorists.
All costs generated by
the victim impact panel shall 
be paid from fees collected from the
offender or as may be 
determined by the court.


    (f) Every person found guilty of violating this Section, 
whose
operation of a motor vehicle while in violation of this 
Section proximately
caused any incident resulting in an 
appropriate emergency response, shall
be liable for the expense 
of an emergency response as provided under
Section 5-5-3 of the 
Unified Code of Corrections.


    (g) The Secretary of State shall revoke the driving 
privileges of any
person convicted under this Section or a 
similar provision of a local
ordinance.


    (h) (Blank).



    (i) The Secretary of State shall require the use of 
ignition interlock
devices on all vehicles owned by an 
individual who has been convicted of a
second
or subsequent 
offense of this Section or a similar provision of a local

ordinance.  The Secretary shall establish by rule and regulation 
the procedures
for certification and use of the interlock 
system.


    (j) In addition to any other penalties and liabilities, a 
person who is
found guilty of or pleads guilty to violating 
subsection (a), including any
person placed on court 
supervision for violating subsection (a), shall be fined
$500, 
payable to the
circuit clerk, who shall distribute the money as 
follows: 20% to the law enforcement agency
that made the arrest 
and 80% shall be forwarded to the State Treasurer for deposit 
into the General Revenue Fund.  If the person has been 
previously convicted of violating
subsection (a) or a similar 
provision of a local
ordinance, the fine shall be
$1,000.  In 
the event that more than one agency is responsible
for the 
arrest, the amount payable to law enforcement agencies  shall be 
shared equally.  Any moneys received
by a law
enforcement agency 
under this subsection (j) shall be used for enforcement and 
prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by this Section, including but 
not limited to the purchase of law
enforcement equipment and 
commodities that will assist in the prevention of alcohol 
related
criminal violence throughout the State; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; and police 
officer salaries, including but not limited to salaries for 
hire back funding for safety checkpoints, saturation patrols, 
and liquor store sting operations. Equipment and commodities 
shall include, but are not limited
to, in-car video cameras, 
radar and laser speed detection devices, and alcohol
breath 
testers.
Any moneys received by the Department of State Police 
under this subsection
(j) shall be deposited into the State 
Police DUI Fund and shall be used for enforcement and 
prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by this Section, including but 
not limited to the

purchase of law enforcement equipment and 
commodities that will assist in the prevention of
alcohol 
related criminal violence throughout the State; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; and police 
officer salaries, including but not limited to salaries for 
hire back funding for safety checkpoints, saturation patrols, 
and liquor store sting operations.


    (k) The Secretary of State Police DUI Fund is created as a 
special
fund in the State treasury. All moneys received by the 
Secretary of State
Police under subsection (j) of this Section 
shall be deposited into the
Secretary of State Police DUI Fund 
and, subject to appropriation, shall be
used for enforcement 
and prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by this Section, including but 
not limited to the purchase of law enforcement equipment and 
commodities to assist in the prevention of
alcohol related 
criminal violence throughout the State; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; and police 
officer salaries, including but not limited to salaries for 
hire back funding for safety checkpoints, saturation patrols, 
and liquor store sting operations.


    (l) Whenever an individual is sentenced for an offense 
based upon an
arrest for a violation of subsection (a) or a 
similar provision of a local
ordinance, and the professional 
evaluation recommends remedial or
rehabilitative treatment or 
education, neither the treatment nor the education
shall be the 
sole disposition and either or both may be imposed only in

conjunction with another disposition. The court shall monitor 
compliance with
any remedial education or treatment 
recommendations contained in the
professional evaluation. 
Programs conducting alcohol or other drug evaluation
or 
remedial education must be licensed by the Department of Human 
Services. If
the individual is not a resident of Illinois, 
however, the court may accept an
alcohol or other drug 
evaluation or remedial education program in the
individual's 
state of residence.  Programs providing treatment must be 
licensed
under existing applicable alcoholism and drug 
treatment licensure standards.

    (m) In addition to any other fine or penalty required by 
law, an individual
convicted of a violation of subsection (a), 
Section 5-7 of the Snowmobile
Registration and Safety Act, 
Section 5-16 of the Boat Registration and Safety
Act, or a 
similar provision, whose operation of a motor vehicle, 
snowmobile, or
watercraft while in
violation of subsection (a), 
Section 5-7 of the Snowmobile Registration and
Safety Act, 
Section 5-16 of the Boat Registration and Safety Act, or a 
similar
provision proximately caused an incident resulting in 
an appropriate emergency
response, shall be required to make 
restitution to a public agency for the
costs of that emergency 
response. The restitution may not exceed $1,000 per
public 
agency for each emergency response. As used in this subsection 
(m),
"emergency response" means any incident requiring a 
response by a police
officer, a firefighter carried on the 
rolls of a regularly constituted fire
department, or an 
ambulance.


(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
93-840, eff. 7-30-04; 94-113, eff. 1-1-06; 94-609, eff. 1-1-06; 
94-963, eff. 6-28-06.)

 
    (Text of Section from P.A. 94-114 and 94-963)
    Sec. 11-501. Driving while under the influence of alcohol, 
other drug or
drugs, intoxicating compound or compounds or any 
combination thereof.

    (a) A person shall not drive or be in actual
physical 
control of any vehicle within this State while:


        (1) the alcohol concentration in the person's blood or 
    breath is 0.08
or more based on the definition of blood and 
    breath units in Section 11-501.2;


        (2) under the influence of alcohol;


        (3) under the influence of any intoxicating compound or 
    combination of
intoxicating compounds to a degree that 
    renders the person incapable of
driving safely;


        (4) under the influence of any other drug or 
    combination of drugs to a
degree that renders the person 
    incapable of safely driving;


        (5) under the combined influence of alcohol, other drug 
    or drugs, or
intoxicating compound or compounds to a degree 
    that renders the person
incapable of safely driving; or


        (6) there is any amount of a drug, substance, or 
    compound in the
person's breath, blood, or urine resulting 
    from the unlawful use or consumption
of cannabis listed in 
    the Cannabis Control Act, a controlled substance listed
in 
    the Illinois Controlled Substances Act, or an intoxicating 
    compound listed
in the Use of Intoxicating Compounds Act.


    (b) The fact that any person charged with violating this 
Section is or
has been legally entitled to use alcohol, other 
drug or drugs, or
intoxicating compound or compounds, or any

combination thereof,  shall not constitute a defense against any 
charge of
violating this Section.


    (b-1) With regard to penalties imposed under this Section:

        (1) Any reference to a prior violation of subsection 
    (a) or a similar
provision includes any violation of a 
    provision of a local ordinance or a
provision of a law of 
    another state that is similar to a violation of
subsection 
    (a) of this Section.

        (2) Any penalty imposed for driving with a license that 
    has been revoked
for a previous violation of subsection (a) 
    of this Section shall be in
addition to the penalty imposed 
    for any subsequent violation of subsection (a).

    (b-2) Except as otherwise provided in this Section, any 
person convicted of
violating subsection (a) of this Section is 
guilty of a Class A misdemeanor.

    (b-3) In addition to any other criminal or administrative 
sanction for any
second conviction of violating subsection (a) 
or a similar provision committed
within 5 years of a previous 
violation of subsection (a) or a similar
provision, the 
defendant shall be sentenced to a mandatory minimum of 5 days 
of
imprisonment or assigned a mandatory minimum of 240 hours of 
community service
as may be determined by the court.

    (b-4) In the case of a third or subsequent violation 
committed within 5
years of a previous violation of subsection 
(a) or a similar provision, in
addition to any other criminal 
or administrative sanction, a mandatory minimum
term of either 
10 days of imprisonment or 480 hours of community service shall

be imposed.

    (b-5) The imprisonment or assignment of community service 
under subsections
(b-3) and (b-4) shall not be subject to 
suspension, nor shall the person be
eligible for a reduced 
sentence.


    (c) (Blank).



    (c-1) (1) A person who violates subsection (a)

during
a 
    period in which his
or her driving privileges are revoked 
    or suspended, where the revocation or
suspension was for a 
    violation of subsection (a), Section
11-501.1, paragraph 
    (b)
of Section 11-401, or for reckless homicide as defined 
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

    Class 4 felony.


        (2) A person who violates subsection (a) a third
time, 
    if the third violation occurs during a period in
which his 
    or her driving privileges are revoked or suspended where 
    the
revocation
or suspension was for a violation of 
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
    11-401, or for reckless homicide as defined in Section 9-3

    of the Criminal Code of 1961, is guilty of
a Class 3 
    felony.
        (2.1) A person who violates subsection (a) a third 
    time, if the third
violation occurs during a period in 
    which his or her driving privileges are
revoked or 
    suspended where the revocation or suspension was for a 
    violation of
subsection (a), Section 11-501.1, subsection 
    (b) of Section 11-401, or for
reckless homicide as defined 
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
    Class 3 felony; and if the
person receives a term of

    probation or conditional discharge, he or she shall be 
    required to serve a
mandatory
minimum of 10 days of 
    imprisonment or shall be assigned a mandatory minimum of

    480 hours of community service, as may be determined by the 
    court, as a
condition of the probation or conditional 
    discharge. This mandatory minimum
term of imprisonment or 
    assignment of community service shall not be suspended
or 
    reduced by the court.

        (2.2) A person who violates subsection (a), if the

    violation occurs during a period in which his or her 
    driving privileges are
revoked or suspended where the 
    revocation or suspension was for a violation of
subsection 
    (a) or Section 11-501.1, shall also be sentenced to an 
    additional
mandatory minimum term of 30 consecutive days of 
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
    720 hours of community service, as may be
determined by the 
    court.  This mandatory term of imprisonment or assignment of

    community service shall  not be suspended or reduced by the 
    court.


        (3) A person who violates subsection (a) a fourth or

    fifth time, if the fourth or fifth

violation occurs
during 
    a period in which his
or her driving privileges are revoked 
    or suspended where the revocation
or suspension was for a 
    violation of subsection (a),
Section 11-501.1, paragraph

    (b) of Section 11-401, or for reckless homicide as defined 
    in
Section 9-3
of
the Criminal Code of 1961, is guilty of
a 
    Class 2 felony and is not eligible for a sentence of 
    probation or
conditional discharge.


    (c-2) (Blank).


    (c-3) (Blank).



    (c-4) (Blank).

    (c-5) A person who violates subsection (a), if the person 
was transporting
a person under the age of 16 at the time of 
the violation, is subject to an
additional mandatory minimum 
fine of $1,000, an additional mandatory minimum
140 hours of 
community service, which shall include 40 hours of community

service in a program benefiting children, and an additional 2 
days of
imprisonment. The imprisonment or assignment of 
community service under this
subsection (c-5) is not subject to 
suspension, nor is the person eligible for
a reduced sentence.

    (c-6) Except as provided in subsections (c-7) and (c-8) a 
person who
violates
subsection (a) a second time, if at the 
time of
the second violation the person was transporting a 
person under the age of 16,
is subject to an additional 10 days 
of imprisonment, an additional mandatory
minimum fine of 
$1,000, and an additional mandatory minimum 140 hours of

community service, which shall include 40 hours of community 
service in a
program benefiting children.
The imprisonment or 
assignment of community service under this subsection (c-6)
is 
not subject to suspension, nor is the person eligible for a 
reduced
sentence.

    (c-7) Except as provided in subsection (c-8), any person 
convicted of
violating subsection (c-6) or a similar
provision 
within 10 years of a previous violation of subsection (a) or a

similar provision shall receive, in addition to any other 
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
additional 40 hours of mandatory
community service in a program 
benefiting children, and a mandatory minimum
fine of $1,750. 
The imprisonment or assignment of community service under this

subsection (c-7) is not subject to suspension, nor is the 
person
eligible for a reduced sentence.

    (c-8) Any person convicted of violating subsection (c-6) or 
a similar
provision within 5 years of a previous violation of 
subsection (a) or a similar
provision shall receive, in 
addition to any other penalty imposed, an
additional 80 hours 
of mandatory community service in a program benefiting

children, an additional mandatory minimum 12 days of 
imprisonment, and a
mandatory minimum fine of $1,750. The 
imprisonment or assignment of community
service under this 
subsection (c-8) is not subject to suspension, nor
is the

person eligible for a reduced sentence.

    (c-9) Any person convicted a third time for violating 
subsection (a) or a
similar provision, if at the time of the 
third violation the person was
transporting a person under the 
age of 16, is guilty of a Class 4 felony and shall
receive, in 
addition to any other
penalty imposed, an additional mandatory 
fine of $1,000, an additional
mandatory 140 hours of community 
service, which shall include 40 hours in a
program benefiting 
children, and a mandatory minimum 30 days of imprisonment.
The 
imprisonment or assignment of community service under this 
subsection (c-9)
is not subject to suspension, nor is the 
person eligible for a reduced
sentence.

    (c-10) Any person convicted of violating subsection (c-9) 
or a similar
provision a third time within 20 years of a 
previous violation of subsection
(a) or a
similar provision is 
guilty of a Class 4 felony and shall receive, in addition
to 
any other penalty imposed, an additional mandatory 40 hours of 
community
service in a program benefiting children, an 
additional mandatory fine of

$3,000, and a mandatory minimum 
120 days of imprisonment. The imprisonment or
assignment of 
community service under this subsection (c-10) is not subject 
to
suspension, nor is the person eligible for a reduced 
sentence.

    (c-11) Any person convicted a fourth or fifth

time for 
violating
subsection (a) or a similar provision, if at the time 
of the fourth or
fifth violation the person was transporting a 
person under the age of 16,
and if the person's 3 prior 
violations of subsection (a) or a similar provision
occurred 
while transporting a person under the age of 16 or while the 
alcohol
concentration in his or her blood, breath, or urine was 
0.16 or more based
on the definition of blood, breath, or urine 
units in Section 11-501.2, is
guilty of a Class 2 felony, is 
not eligible for probation or conditional
discharge, and is 
subject to a minimum fine of $3,000.

    (c-12) Any person convicted of a first violation of 
subsection (a) or a
similar provision, if the alcohol 
concentration in his or her blood, breath, or
urine was 0.16 or 
more based on the definition of blood, breath, or urine
units 
in Section 11-501.2, shall be subject, in addition to any other 
penalty
that may be imposed, to a mandatory minimum of 100 
hours of community service
and a mandatory minimum fine of 
$500.

    (c-13) Any person convicted of a second violation of 
subsection (a) or a similar provision committed within 10 years 
of a previous violation of subsection (a) or a similar 
provision committed within 10 years of a previous violation of 
subsection (a) or a similar provision, if at the time of the 
second violation of subsection (a) the
alcohol concentration in 
his or her blood, breath, or urine was 0.16 or more
based on 
the definition of blood, breath, or urine units in Section 
11-501.2,
shall be
subject, in addition to any other penalty 
that may be imposed, to a mandatory
minimum of 2 days of 
imprisonment and a mandatory minimum fine of $1,250.

    (c-14) Any person convicted of a third violation of 
subsection (a) or a
similar provision within 20 years of a 
previous violation of subsection (a) or
a
similar provision, if 
at the time of the third violation of subsection (a) or a

similar provision the alcohol concentration in his or her 
blood, breath, or
urine was 0.16 or more based on the 
definition of blood, breath, or urine units
in Section 
11-501.2, is guilty of a Class 4 felony and shall be subject, 
in
addition to any other penalty that may be imposed, to a 
mandatory minimum of
90 days of imprisonment and a mandatory 
minimum fine of $2,500.

    (c-15) Any person convicted of a fourth or fifth

violation 
of
subsection
(a) or a similar provision, if at the time of the 
fourth or fifth

violation the alcohol concentration in his or 
her blood, breath, or urine was
0.16 or more based on the 
definition of blood, breath, or urine units in
Section 
11-501.2, and if the person's 3 prior violations of subsection 
(a) or a
similar provision occurred while transporting a person 
under the age of 16 or
while the alcohol concentration in his 
or her blood, breath, or urine was 0.16
or more based on the 
definition of blood, breath, or urine units in Section

11-501.2, is guilty of a Class 2 felony and is not eligible for 
a sentence of
probation or conditional discharge and is subject 
to a minimum fine of
$2,500.


    (c-16) Any person convicted of a sixth or subsequent 
violation of subsection (a) is guilty of a Class X felony.

    (d) (1) Every person convicted of committing a violation of 
    this Section
shall be guilty of aggravated driving under 
    the influence of alcohol,
other drug or drugs, or 
    intoxicating compound or compounds, or any combination

    thereof if:


            (A) the person committed a violation of subsection 
        (a) or a similar
provision for the
third or subsequent 
        time;


            (B) the person committed a violation of subsection 
        (a)
while
driving a school bus with persons 18 years of 
        age or younger

on board;


            (C) the person in committing a violation of 
        subsection
(a) was
involved in a motor vehicle accident 
        that resulted in great bodily harm or
permanent 
        disability or disfigurement to another, when the 
        violation was
a proximate cause of the injuries;


            (D) the person committed a violation of subsection 
        (a)
for a
second time and has been previously convicted 
        of violating Section 9-3 of the
Criminal Code of 1961 
        or a similar provision of a law of another state 
        relating to reckless homicide in which the person was

        determined to have been under the influence of alcohol, 
        other drug or
drugs, or intoxicating compound or 
        compounds as an element of the offense or
the person 
        has previously been convicted
under subparagraph (C) 
        or subparagraph (F) of this paragraph (1);


            (E) the person, in committing a violation of 
        subsection (a) while
driving at any speed in a school 
        speed zone at a time when a speed limit of
20 miles per 
        hour was in effect under subsection (a) of Section 
        11-605 of
this Code, was involved in a motor vehicle 
        accident that resulted in bodily
harm, other than great 
        bodily harm or permanent disability or disfigurement,

        to another person, when the violation of subsection (a) 
        was a
proximate cause
of the bodily harm; or


            (F) the person, in committing a violation of 
        subsection (a), was
involved in a motor vehicle, 
        snowmobile, all-terrain vehicle, or watercraft

        accident that resulted in
the death of another person, 
        when the violation of subsection
(a) was
a proximate 
        cause of the death.


        (2) Except as provided in this paragraph (2), a person 
    convicted of
aggravated driving under
the
influence of 
    alcohol, other drug or
drugs,
or intoxicating compound or 
    compounds, or any
combination thereof is guilty of a Class 
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
    (1) of this subsection (d), the defendant, if sentenced to 
    a term
of imprisonment, shall be sentenced
to not less than

    one year nor more than 12 years.
Aggravated driving under 
    the influence of alcohol, other drug or drugs,
or 
    intoxicating compound or compounds, or any combination 
    thereof as
defined in subparagraph (F) of paragraph (1) of 
    this subsection (d) is
a Class 2 felony, for which the 
    defendant, if sentenced to a term of
imprisonment, shall be 
    sentenced to: (A) a
term of imprisonment of not less than 3 
    years and not more
than 14 years if the violation resulted 
    in the death of one person; or
(B) a term of imprisonment 
    of not less than 6 years and not
more than 28 years if the 
    violation resulted in the deaths of 2 or more
persons.
For 
    any prosecution under this subsection
(d), a certified copy 
    of the
driving abstract of the defendant shall be admitted 
    as proof of any prior
conviction.
Any person sentenced 
    under this subsection (d) who receives a term of
probation

    or conditional discharge must serve a minimum term of 
    either 480 hours of
community service or 10 days of 
    imprisonment as a condition of the probation or
conditional 
    discharge. This mandatory minimum term of imprisonment or

    assignment of community service may not be suspended or 
    reduced by the court.


    (e) After a finding of guilt and prior to any final 
sentencing, or an
order for supervision, for an offense based 
upon an arrest for a
violation of this Section or a similar 
provision of a local ordinance,
individuals shall be required 
to undergo a professional evaluation to
determine if an 
alcohol, drug, or intoxicating compound abuse problem exists

and the
extent of the problem, and undergo the imposition of 
treatment as appropriate.
Programs conducting these 
evaluations shall be
licensed by the Department of Human 
Services.  The cost of any professional
evaluation shall be paid 
for by the
individual
required to undergo the professional 
evaluation.


    (e-1) Any person who is found guilty of or pleads guilty to 
violating this
Section, including any person receiving a 
disposition of court supervision for
violating this Section, 
may be required by the Court to attend a victim
impact panel 
offered by, or under contract with, a County State's Attorney's

office, a probation and court services department, Mothers 
Against Drunk
Driving,
or the Alliance Against Intoxicated 
Motorists.
All costs generated by
the victim impact panel shall 
be paid from fees collected from the
offender or as may be 
determined by the court.


    (f) Every person found guilty of violating this Section, 
whose
operation of a motor vehicle while in violation of this 
Section proximately
caused any incident resulting in an 
appropriate emergency response, shall
be liable for the expense 
of an emergency response as provided under
Section 5-5-3 of the 
Unified Code of Corrections.


    (g) The Secretary of State shall revoke the driving 
privileges of any
person convicted under this Section or a 
similar provision of a local
ordinance.


    (h) (Blank).



    (i) The Secretary of State shall require the use of 
ignition interlock
devices on all vehicles owned by an 
individual who has been convicted of a
second
or subsequent 
offense of this Section or a similar provision of a local

ordinance.  The Secretary shall establish by rule and regulation 
the procedures
for certification and use of the interlock 
system.


    (j) In addition to any other penalties and liabilities, a 
person who is
found guilty of or pleads guilty to violating 
subsection (a), including any
person placed on court 
supervision for violating subsection (a), shall be fined
$500, 
payable to the
circuit clerk, who shall distribute the money as 
follows: 20% to the law enforcement agency
that made the arrest 
and 80% shall be forwarded to the State Treasurer for deposit 
into the General Revenue Fund.  If the person has been 
previously convicted of violating
subsection (a) or a similar 
provision of a local
ordinance, the fine shall be
$1,000.  In 
the event that more than one agency is responsible
for the 
arrest, the amount payable to law enforcement agencies  shall be 
shared equally.  Any moneys received
by a law
enforcement agency 
under this subsection (j) shall be used for enforcement and 
prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by this Section, including but 
not limited to the purchase of law
enforcement equipment and 
commodities that will assist in the prevention of alcohol 
related
criminal violence throughout the State; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; and police 
officer salaries, including but not limited to salaries for 
hire back funding for safety checkpoints, saturation patrols, 
and liquor store sting operations. Equipment and commodities 
shall include, but are not limited
to, in-car video cameras, 
radar and laser speed detection devices, and alcohol
breath 
testers.
Any moneys received by the Department of State Police 
under this subsection
(j) shall be deposited into the State 
Police DUI Fund and shall be used for enforcement and 
prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by this Section, including but 
not limited to the

purchase of law enforcement equipment and 
commodities that will assist in the prevention of
alcohol 
related criminal violence throughout the State; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; and police 
officer salaries, including but not limited to salaries for 
hire back funding for safety checkpoints, saturation patrols, 
and liquor store sting operations.


    (k) The Secretary of State Police DUI Fund is created as a 
special
fund in the State treasury. All moneys received by the 
Secretary of State
Police under subsection (j) of this Section 
shall be deposited into the
Secretary of State Police DUI Fund 
and, subject to appropriation, shall be
used for enforcement 
and prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by this Section, including but 
not limited to the purchase of law enforcement equipment and 
commodities to assist in the prevention of
alcohol related 
criminal violence throughout the State; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; and police 
officer salaries, including but not limited to salaries for 
hire back funding for safety checkpoints, saturation patrols, 
and liquor store sting operations.


    (l) Whenever an individual is sentenced for an offense 
based upon an
arrest for a violation of subsection (a) or a 
similar provision of a local
ordinance, and the professional 
evaluation recommends remedial or
rehabilitative treatment or 
education, neither the treatment nor the education
shall be the 
sole disposition and either or both may be imposed only in

conjunction with another disposition. The court shall monitor 
compliance with
any remedial education or treatment 
recommendations contained in the
professional evaluation. 
Programs conducting alcohol or other drug evaluation
or 
remedial education must be licensed by the Department of Human 
Services. If
the individual is not a resident of Illinois, 
however, the court may accept an
alcohol or other drug 
evaluation or remedial education program in the
individual's 
state of residence.  Programs providing treatment must be 
licensed
under existing applicable alcoholism and drug 
treatment licensure standards.

    (m) In addition to any other fine or penalty required by 
law, an individual
convicted of a violation of subsection (a), 
Section 5-7 of the Snowmobile
Registration and Safety Act, 
Section 5-16 of the Boat Registration and Safety
Act, or a 
similar provision, whose operation of a motor vehicle, 
snowmobile, or
watercraft while in
violation of subsection (a), 
Section 5-7 of the Snowmobile Registration and
Safety Act, 
Section 5-16 of the Boat Registration and Safety Act, or a 
similar
provision proximately caused an incident resulting in 
an appropriate emergency
response, shall be required to make 
restitution to a public agency for the
costs of that emergency 
response. The restitution may not exceed $1,000 per
public 
agency for each emergency response. As used in this subsection 
(m),
"emergency response" means any incident requiring a 
response by a police
officer, a firefighter carried on the 
rolls of a regularly constituted fire
department, or an 
ambulance.


(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
93-840, eff. 7-30-04; 94-114, eff. 1-1-06; 94-963, eff. 
6-28-06.)

 
    (Text of Section from P.A. 94-116 and 94-963)
    Sec. 11-501. Driving while under the influence of alcohol, 
other drug or
drugs, intoxicating compound or compounds or any 
combination thereof.

    (a) A person shall not drive or be in actual
physical 
control of any vehicle within this State while:


        (1) the alcohol concentration in the person's blood or 
    breath is 0.08
or more based on the definition of blood and 
    breath units in Section 11-501.2;


        (2) under the influence of alcohol;


        (3) under the influence of any intoxicating compound or 
    combination of
intoxicating compounds to a degree that 
    renders the person incapable of
driving safely;


        (4) under the influence of any other drug or 
    combination of drugs to a
degree that renders the person 
    incapable of safely driving;


        (5) under the combined influence of alcohol, other drug 
    or drugs, or
intoxicating compound or compounds to a degree 
    that renders the person
incapable of safely driving; or


        (6) there is any amount of a drug, substance, or 
    compound in the
person's breath, blood, or urine resulting 
    from the unlawful use or consumption
of cannabis listed in 
    the Cannabis Control Act, a controlled substance listed
in 
    the Illinois Controlled Substances Act, or an intoxicating 
    compound listed
in the Use of Intoxicating Compounds Act.


    (b) The fact that any person charged with violating this 
Section is or
has been legally entitled to use alcohol, other 
drug or drugs, or
intoxicating compound or compounds, or any

combination thereof,  shall not constitute a defense against any 
charge of
violating this Section.


    (b-1) With regard to penalties imposed under this Section:

        (1) Any reference to a prior violation of subsection 
    (a) or a similar
provision includes any violation of a 
    provision of a local ordinance or a
provision of a law of 
    another state that is similar to a violation of
subsection 
    (a) of this Section.

        (2) Any penalty imposed for driving with a license that 
    has been revoked
for a previous violation of subsection (a) 
    of this Section shall be in
addition to the penalty imposed 
    for any subsequent violation of subsection (a).

    (b-2) Except as otherwise provided in this Section, any 
person convicted of
violating subsection (a) of this Section is 
guilty of a Class A misdemeanor.

    (b-3) In addition to any other criminal or administrative 
sanction for any
second conviction of violating subsection (a) 
or a similar provision committed
within 5 years of a previous 
violation of subsection (a) or a similar
provision, the 
defendant shall be sentenced to a mandatory minimum of 5 days 
of
imprisonment or assigned a mandatory minimum of 240 hours of 
community service
as may be determined by the court.

    (b-4) In the case of a third violation committed within 5

years of a previous violation of subsection (a) or a similar 
provision, the defendant is guilty of a Class 2 felony, and in

addition to any other criminal or administrative sanction, a 
mandatory minimum
term of either 10 days of imprisonment or 480 
hours of community service shall
be imposed.

    (b-5) The imprisonment or assignment of community service 
under subsections
(b-3) and (b-4) shall not be subject to 
suspension, nor shall the person be
eligible for a reduced 
sentence.


    (c) (Blank).



    (c-1) (1) A person who violates subsection (a)

during
a 
    period in which his
or her driving privileges are revoked 
    or suspended, where the revocation or
suspension was for a 
    violation of subsection (a), Section
11-501.1, paragraph 
    (b)
of Section 11-401, or for reckless homicide as defined 
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

    Class 4 felony.


        (2) A person who violates subsection (a) a third
time 
    is guilty of
a Class 2 felony.
        (2.1) A person who violates subsection (a) a third 
    time, if the third
violation occurs during a period in 
    which his or her driving privileges are
revoked or 
    suspended where the revocation or suspension was for a 
    violation of
subsection (a), Section 11-501.1, subsection 
    (b) of Section 11-401, or for
reckless homicide as defined 
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
    Class 2 felony; and if the
person receives a term of

    probation or conditional discharge, he or she shall be 
    required to serve a
mandatory
minimum of 10 days of 
    imprisonment or shall be assigned a mandatory minimum of

    480 hours of community service, as may be determined by the 
    court, as a
condition of the probation or conditional 
    discharge. This mandatory minimum
term of imprisonment or 
    assignment of community service shall not be suspended
or 
    reduced by the court.

        (2.2) A person who violates subsection (a), if the

    violation occurs during a period in which his or her 
    driving privileges are
revoked or suspended where the 
    revocation or suspension was for a violation of
subsection 
    (a) or Section 11-501.1, shall also be sentenced to an 
    additional
mandatory minimum term of 30 consecutive days of 
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
    720 hours of community service, as may be
determined by the 
    court.  This mandatory term of imprisonment or assignment of

    community service shall  not be suspended or reduced by the 
    court.


        (3) A person who violates subsection (a) a fourth time 
    is guilty of
a Class 2 felony and is not eligible for a 
    sentence of probation or
conditional discharge.


        (4) A person who violates subsection (a) a fifth or 
    subsequent time is guilty of a Class 1 felony and is not 
    eligible for a sentence of probation or conditional 
    discharge.

    (c-2) (Blank).


    (c-3) (Blank).



    (c-4) (Blank).

    (c-5) A person who violates subsection (a), if the person 
was transporting
a person under the age of 16 at the time of 
the violation, is subject to an
additional mandatory minimum 
fine of $1,000, an additional mandatory minimum
140 hours of 
community service, which shall include 40 hours of community

service in a program benefiting children, and an additional 2 
days of
imprisonment. The imprisonment or assignment of 
community service under this
subsection (c-5) is not subject to 
suspension, nor is the person eligible for
a reduced sentence.

    (c-6) Except as provided in subsections (c-7) and (c-8) a 
person who
violates
subsection (a) a second time, if at the 
time of
the second violation the person was transporting a 
person under the age of 16,
is subject to an additional 10 days 
of imprisonment, an additional mandatory
minimum fine of 
$1,000, and an additional mandatory minimum 140 hours of

community service, which shall include 40 hours of community 
service in a
program benefiting children.
The imprisonment or 
assignment of community service under this subsection (c-6)
is 
not subject to suspension, nor is the person eligible for a 
reduced
sentence.

    (c-7) Except as provided in subsection (c-8), any person 
convicted of
violating subsection (c-6) or a similar
provision 
within 10 years of a previous violation of subsection (a) or a

similar provision shall receive, in addition to any other 
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
additional 40 hours of mandatory
community service in a program 
benefiting children, and a mandatory minimum
fine of $1,750. 
The imprisonment or assignment of community service under this

subsection (c-7) is not subject to suspension, nor is the 
person
eligible for a reduced sentence.

    (c-8) Any person convicted of violating subsection (c-6) or 
a similar
provision within 5 years of a previous violation of 
subsection (a) or a similar
provision shall receive, in 
addition to any other penalty imposed, an
additional 80 hours 
of mandatory community service in a program benefiting

children, an additional mandatory minimum 12 days of 
imprisonment, and a
mandatory minimum fine of $1,750. The 
imprisonment or assignment of community
service under this 
subsection (c-8) is not subject to suspension, nor
is the

person eligible for a reduced sentence.

    (c-9) Any person convicted a third time for violating 
subsection (a) or a
similar provision, if at the time of the 
third violation the person was
transporting a person under the 
age of 16, is guilty of a Class 2 felony and shall
receive, in 
addition to any other
penalty imposed, an additional mandatory 
fine of $1,000, an additional
mandatory 140 hours of community 
service, which shall include 40 hours in a
program benefiting 
children, and a mandatory minimum 30 days of imprisonment.
The 
imprisonment or assignment of community service under this 
subsection (c-9)
is not subject to suspension, nor is the 
person eligible for a reduced
sentence.

    (c-10) Any person convicted of violating subsection (c-9) 
or a similar
provision a third time within 20 years of a 
previous violation of subsection
(a) or a
similar provision is 
guilty of a Class 2 felony and shall receive, in addition
to 
any other penalty imposed, an additional mandatory 40 hours of 
community
service in a program benefiting children, an 
additional mandatory fine of

$3,000, and a mandatory minimum 
120 days of imprisonment. The imprisonment or
assignment of 
community service under this subsection (c-10) is not subject 
to
suspension, nor is the person eligible for a reduced 
sentence.

    (c-11) Any person convicted a fourth time for violating

subsection (a) or a similar provision, if at the time of the 
fourth violation the person was transporting a person under the 
age of 16,
and if the person's 3 prior violations of subsection 
(a) or a similar provision
occurred while transporting a person 
under the age of 16 or while the alcohol
concentration in his 
or her blood, breath, or urine was 0.16 or more based
on the 
definition of blood, breath, or urine units in Section 
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
probation or conditional
discharge, and is subject to a minimum 
fine of $3,000.

    (c-12) Any person convicted of a first violation of 
subsection (a) or a
similar provision, if the alcohol 
concentration in his or her blood, breath, or
urine was 0.16 or 
more based on the definition of blood, breath, or urine
units 
in Section 11-501.2, shall be subject, in addition to any other 
penalty
that may be imposed, to a mandatory minimum of 100 
hours of community service
and a mandatory minimum fine of 
$500.

    (c-13) Any person convicted of a second violation of 
subsection (a) or a similar provision committed within 10 years 
of a previous violation of subsection (a) or a similar 
provision committed within 10 years of a previous violation of 
subsection (a) or a similar provision, if at the time of the 
second violation of subsection (a) the
alcohol concentration in 
his or her blood, breath, or urine was 0.16 or more
based on 
the definition of blood, breath, or urine units in Section 
11-501.2,
shall be
subject, in addition to any other penalty 
that may be imposed, to a mandatory
minimum of 2 days of 
imprisonment and a mandatory minimum fine of $1,250.

    (c-14) Any person convicted of a third violation of 
subsection (a) or a
similar provision within 20 years of a 
previous violation of subsection (a) or
a
similar provision, if 
at the time of the third violation of subsection (a) or a

similar provision the alcohol concentration in his or her 
blood, breath, or
urine was 0.16 or more based on the 
definition of blood, breath, or urine units
in Section 
11-501.2, is guilty of a Class 2 felony and shall be subject, 
in
addition to any other penalty that may be imposed, to a 
mandatory minimum of
90 days of imprisonment and a mandatory 
minimum fine of $2,500.

    (c-15) Any person convicted of a fourth
violation of

subsection
(a) or a similar provision, if at the time of the 
fourth
violation the alcohol concentration in his or her blood, 
breath, or urine was
0.16 or more based on the definition of 
blood, breath, or urine units in
Section 11-501.2, and if the 
person's 3 prior violations of subsection (a) or a
similar 
provision occurred while transporting a person under the age of 
16 or
while the alcohol concentration in his or her blood, 
breath, or urine was 0.16
or more based on the definition of 
blood, breath, or urine units in Section
11-501.2, is guilty of 
a Class 2 felony and is not eligible for a sentence of

probation or conditional discharge and is subject to a minimum 
fine of
$2,500.


    (d) (1) Every person convicted of committing a violation of 
    this Section
shall be guilty of aggravated driving under 
    the influence of alcohol,
other drug or drugs, or 
    intoxicating compound or compounds, or any combination

    thereof if:


            (A) the person committed a violation of subsection 
        (a) or a similar
provision for the
third or subsequent 
        time;


            (B) the person committed a violation of subsection 
        (a)
while
driving a school bus with persons 18 years of 
        age or younger

on board;


            (C) the person in committing a violation of 
        subsection
(a) was
involved in a motor vehicle accident 
        that resulted in great bodily harm or
permanent 
        disability or disfigurement to another, when the 
        violation was
a proximate cause of the injuries;


            (D) the person committed a violation of subsection 
        (a)
for a
second time and has been previously convicted 
        of violating Section 9-3 of the
Criminal Code of 1961 
        or a similar provision of a law of another state 
        relating to reckless homicide in which the person was

        determined to have been under the influence of alcohol, 
        other drug or
drugs, or intoxicating compound or 
        compounds as an element of the offense or
the person 
        has previously been convicted
under subparagraph (C) 
        or subparagraph (F) of this paragraph (1);


            (E) the person, in committing a violation of 
        subsection (a) while
driving at any speed in a school 
        speed zone at a time when a speed limit of
20 miles per 
        hour was in effect under subsection (a) of Section 
        11-605 of
this Code, was involved in a motor vehicle 
        accident that resulted in bodily
harm, other than great 
        bodily harm or permanent disability or disfigurement,

        to another person, when the violation of subsection (a) 
        was a
proximate cause
of the bodily harm; or


            (F) the person, in committing a violation of 
        subsection (a), was
involved in a motor vehicle, 
        snowmobile, all-terrain vehicle, or watercraft

        accident that resulted in
the death of another person, 
        when the violation of subsection
(a) was
a proximate 
        cause of the death.


        (2) Except as provided in this paragraph (2) and in 
    paragraphs (3) and (4) of subsection (c-1), a person 
    convicted of
aggravated driving under
the
influence of 
    alcohol, other drug or
drugs,
or intoxicating compound or 
    compounds, or any
combination thereof is guilty of a Class 
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
    (1) of this subsection (d), the defendant, if sentenced to 
    a term
of imprisonment, shall be sentenced
to not less than

    one year nor more than 12 years.
Except as provided in 
    paragraph (4) of subsection (c-1), aggravated driving 
    under the influence of alcohol, other drug, or drugs, 
    intoxicating compounds or compounds, or any combination 
    thereof as defined in subparagraph (A) of paragraph (1) of 
    this subsection (d) is a Class 2 felony. Aggravated driving 
    under the influence of alcohol, other drug or drugs,
or 
    intoxicating compound or compounds, or any combination 
    thereof as
defined in subparagraph (F) of paragraph (1) of 
    this subsection (d) is
a Class 2 felony, for which the 
    defendant, if sentenced to a term of
imprisonment, shall be 
    sentenced to: (A) a
term of imprisonment of not less than 3 
    years and not more
than 14 years if the violation resulted 
    in the death of one person; or
(B) a term of imprisonment 
    of not less than 6 years and not
more than 28 years if the 
    violation resulted in the deaths of 2 or more
persons.
For 
    any prosecution under this subsection
(d), a certified copy 
    of the
driving abstract of the defendant shall be admitted 
    as proof of any prior
conviction.
Any person sentenced 
    under this subsection (d) who receives a term of
probation

    or conditional discharge must serve a minimum term of 
    either 480 hours of
community service or 10 days of 
    imprisonment as a condition of the probation or
conditional 
    discharge. This mandatory minimum term of imprisonment or

    assignment of community service may not be suspended or 
    reduced by the court.


    (e) After a finding of guilt and prior to any final 
sentencing, or an
order for supervision, for an offense based 
upon an arrest for a
violation of this Section or a similar 
provision of a local ordinance,
individuals shall be required 
to undergo a professional evaluation to
determine if an 
alcohol, drug, or intoxicating compound abuse problem exists

and the
extent of the problem, and undergo the imposition of 
treatment as appropriate.
Programs conducting these 
evaluations shall be
licensed by the Department of Human 
Services.  The cost of any professional
evaluation shall be paid 
for by the
individual
required to undergo the professional 
evaluation.


    (e-1) Any person who is found guilty of or pleads guilty to 
violating this
Section, including any person receiving a 
disposition of court supervision for
violating this Section, 
may be required by the Court to attend a victim
impact panel 
offered by, or under contract with, a County State's Attorney's

office, a probation and court services department, Mothers 
Against Drunk
Driving,
or the Alliance Against Intoxicated 
Motorists.
All costs generated by
the victim impact panel shall 
be paid from fees collected from the
offender or as may be 
determined by the court.


    (f) Every person found guilty of violating this Section, 
whose
operation of a motor vehicle while in violation of this 
Section proximately
caused any incident resulting in an 
appropriate emergency response, shall
be liable for the expense 
of an emergency response as provided under
Section 5-5-3 of the 
Unified Code of Corrections.


    (g) The Secretary of State shall revoke the driving 
privileges of any
person convicted under this Section or a 
similar provision of a local
ordinance.


    (h) (Blank).



    (i) The Secretary of State shall require the use of 
ignition interlock
devices on all vehicles owned by an 
individual who has been convicted of a
second
or subsequent 
offense of this Section or a similar provision of a local

ordinance.  The Secretary shall establish by rule and regulation 
the procedures
for certification and use of the interlock 
system.


    (j) In addition to any other penalties and liabilities, a 
person who is
found guilty of or pleads guilty to violating 
subsection (a), including any
person placed on court 
supervision for violating subsection (a), shall be fined
$500, 
payable to the
circuit clerk, who shall distribute the money as 
follows: 20% to the law enforcement agency
that made the arrest 
and 80% shall be forwarded to the State Treasurer for deposit 
into the General Revenue Fund.  If the person has been 
previously convicted of violating
subsection (a) or a similar 
provision of a local
ordinance, the fine shall be
$1,000.  In 
the event that more than one agency is responsible
for the 
arrest, the amount payable to law enforcement agencies  shall be 
shared equally.  Any moneys received
by a law
enforcement agency 
under this subsection (j) shall be used for enforcement and 
prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by this Section, including but 
not limited to the purchase of law
enforcement equipment and 
commodities that will assist in the prevention of alcohol 
related
criminal violence throughout the State; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; and police 
officer salaries, including but not limited to salaries for 
hire back funding for safety checkpoints, saturation patrols, 
and liquor store sting operations. Equipment and commodities 
shall include, but are not limited
to, in-car video cameras, 
radar and laser speed detection devices, and alcohol
breath 
testers.
Any moneys received by the Department of State Police 
under this subsection
(j) shall be deposited into the State 
Police DUI Fund and shall be used for enforcement and 
prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by this Section, including but 
not limited to the

purchase of law enforcement equipment and 
commodities that will assist in the prevention of
alcohol 
related criminal violence throughout the State; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; and police 
officer salaries, including but not limited to salaries for 
hire back funding for safety checkpoints, saturation patrols, 
and liquor store sting operations.


    (k) The Secretary of State Police DUI Fund is created as a 
special
fund in the State treasury. All moneys received by the 
Secretary of State
Police under subsection (j) of this Section 
shall be deposited into the
Secretary of State Police DUI Fund 
and, subject to appropriation, shall be
used for enforcement 
and prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by this Section, including but 
not limited to the purchase of law enforcement equipment and 
commodities to assist in the prevention of
alcohol related 
criminal violence throughout the State; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; and police 
officer salaries, including but not limited to salaries for 
hire back funding for safety checkpoints, saturation patrols, 
and liquor store sting operations.


    (l) Whenever an individual is sentenced for an offense 
based upon an
arrest for a violation of subsection (a) or a 
similar provision of a local
ordinance, and the professional 
evaluation recommends remedial or
rehabilitative treatment or 
education, neither the treatment nor the education
shall be the 
sole disposition and either or both may be imposed only in

conjunction with another disposition. The court shall monitor 
compliance with
any remedial education or treatment 
recommendations contained in the
professional evaluation. 
Programs conducting alcohol or other drug evaluation
or 
remedial education must be licensed by the Department of Human 
Services. If
the individual is not a resident of Illinois, 
however, the court may accept an
alcohol or other drug 
evaluation or remedial education program in the
individual's 
state of residence.  Programs providing treatment must be 
licensed
under existing applicable alcoholism and drug 
treatment licensure standards.

    (m) In addition to any other fine or penalty required by 
law, an individual
convicted of a violation of subsection (a), 
Section 5-7 of the Snowmobile
Registration and Safety Act, 
Section 5-16 of the Boat Registration and Safety
Act, or a 
similar provision, whose operation of a motor vehicle, 
snowmobile, or
watercraft while in
violation of subsection (a), 
Section 5-7 of the Snowmobile Registration and
Safety Act, 
Section 5-16 of the Boat Registration and Safety Act, or a 
similar
provision proximately caused an incident resulting in 
an appropriate emergency
response, shall be required to make 
restitution to a public agency for the
costs of that emergency 
response. The restitution may not exceed $1,000 per
public 
agency for each emergency response. As used in this subsection 
(m),
"emergency response" means any incident requiring a 
response by a police
officer, a firefighter carried on the 
rolls of a regularly constituted fire
department, or an 
ambulance.


(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
93-840, eff. 7-30-04; 94-116, eff. 1-1-06; 94-963, eff. 
6-28-06.)

 
    (Text of Section from P.A. 94-329 and 94-963)
    Sec. 11-501. Driving while under the influence of alcohol, 
other drug or
drugs, intoxicating compound or compounds or any 
combination thereof.


    (a) A person shall not drive or be in actual
physical 
control of any vehicle within this State while:


        (1) the alcohol concentration in the person's blood or 
    breath is 0.08
or more based on the definition of blood and 
    breath units in Section 11-501.2;


        (2) under the influence of alcohol;


        (3) under the influence of any intoxicating compound or 
    combination of
intoxicating compounds to a degree that 
    renders the person incapable of
driving safely;


        (4) under the influence of any other drug or 
    combination of drugs to a
degree that renders the person 
    incapable of safely driving;


        (5) under the combined influence of alcohol, other drug 
    or drugs, or
intoxicating compound or compounds to a degree 
    that renders the person
incapable of safely driving; or


        (6) there is any amount of a drug, substance, or 
    compound in the
person's breath, blood, or urine resulting 
    from the unlawful use or consumption
of cannabis listed in 
    the Cannabis Control Act, a controlled substance listed
in 
    the Illinois Controlled Substances Act, or an intoxicating 
    compound listed
in the Use of Intoxicating Compounds Act.


    (b) The fact that any person charged with violating this 
Section is or
has been legally entitled to use alcohol, other 
drug or drugs, or
intoxicating compound or compounds, or any

combination thereof,  shall not constitute a defense against any 
charge of
violating this Section.


    (b-1) With regard to penalties imposed under this Section:

        (1) Any reference to a prior violation of subsection 
    (a) or a similar
provision includes any violation of a 
    provision of a local ordinance or a
provision of a law of 
    another state that is similar to a violation of
subsection 
    (a) of this Section.

        (2) Any penalty imposed for driving with a license that 
    has been revoked
for a previous violation of subsection (a) 
    of this Section shall be in
addition to the penalty imposed 
    for any subsequent violation of subsection (a).

    (b-2) Except as otherwise provided in this Section, any 
person convicted of
violating subsection (a) of this Section is 
guilty of a Class A misdemeanor.

    (b-3) In addition to any other criminal or administrative 
sanction for any
second conviction of violating subsection (a) 
or a similar provision committed
within 5 years of a previous 
violation of subsection (a) or a similar
provision, the 
defendant shall be sentenced to a mandatory minimum of 5 days 
of
imprisonment or assigned a mandatory minimum of 240 hours of 
community service
as may be determined by the court.

    (b-4) In the case of a third or subsequent violation 
committed within 5
years of a previous violation of subsection 
(a) or a similar provision, in
addition to any other criminal 
or administrative sanction, a mandatory minimum
term of either 
10 days of imprisonment or 480 hours of community service shall

be imposed.

    (b-5) The imprisonment or assignment of community service 
under subsections
(b-3) and (b-4) shall not be subject to 
suspension, nor shall the person be
eligible for a reduced 
sentence.


    (c) (Blank).



    (c-1) (1) A person who violates subsection (a)

during
a 
    period in which his
or her driving privileges are revoked 
    or suspended, where the revocation or
suspension was for a 
    violation of subsection (a), Section
11-501.1, paragraph 
    (b)
of Section 11-401, or for reckless homicide as defined 
    in Section 9-3 of
the Criminal Code of 1961 is guilty of 
    aggravated driving under the influence of alcohol, other 
    drug or drugs, intoxicating compound or compounds, or any 
    combination thereof and is guilty of a
Class 4 felony.


        (2) A person who violates subsection (a) a third
time, 
    if the third violation occurs during a period in
which his 
    or her driving privileges are revoked or suspended where 
    the
revocation
or suspension was for a violation of 
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
    11-401, or for reckless homicide as defined in Section 9-3

    of the Criminal Code of 1961, is guilty of aggravated 
    driving under the influence of alcohol, other drug or 
    drugs, intoxicating compound or compounds, or any 
    combination thereof and is guilty of
a Class 3 felony.
        (2.1) A person who violates subsection (a) a third 
    time, if the third
violation occurs during a period in 
    which his or her driving privileges are
revoked or 
    suspended where the revocation or suspension was for a 
    violation of
subsection (a), Section 11-501.1, subsection 
    (b) of Section 11-401, or for
reckless homicide as defined 
    in Section
9-3 of the Criminal Code of 1961, is guilty of 
    aggravated driving under the influence of alcohol, other 
    drug or drugs, intoxicating compound or compounds, or any 
    combination thereof and is guilty of a Class 3 felony; and 
    if the
person receives a term of
probation or conditional 
    discharge, he or she shall be required to serve a
mandatory

    minimum of 10 days of imprisonment or shall be assigned a 
    mandatory minimum of
480 hours of community service, as may 
    be determined by the court, as a
condition of the probation 
    or conditional discharge. This mandatory minimum
term of 
    imprisonment or assignment of community service shall not 
    be suspended
or reduced by the court.

        (2.2) A person who violates subsection (a), if the

    violation occurs during a period in which his or her 
    driving privileges are
revoked or suspended where the 
    revocation or suspension was for a violation of
subsection 
    (a) or Section 11-501.1, is guilty of aggravated driving 
    under the influence of alcohol, other drug or drugs, 
    intoxicating compound or compounds, or any combination 
    thereof and shall also be sentenced to an additional

    mandatory minimum term of 30 consecutive days of 
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
    720 hours of community service, as may be
determined by the 
    court.  This mandatory term of imprisonment or assignment of

    community service shall  not be suspended or reduced by the 
    court.


        (3) A person who violates subsection (a) a fourth or

    subsequent time, if the fourth or subsequent violation 
    occurs
during a period in which his
or her driving 
    privileges are revoked or suspended where the revocation
or 
    suspension was for a violation of subsection (a),
Section 
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
    homicide as defined in
Section 9-3
of
the Criminal Code of 
    1961, is guilty of aggravated driving under the influence 
    of alcohol, other drug or drugs, intoxicating compound or 
    compounds, or any combination thereof and is guilty of
a 
    Class 2 felony, and is not eligible for a sentence of 
    probation or
conditional discharge.


    (c-2) (Blank).


    (c-3) (Blank).



    (c-4) (Blank).

    (c-5) A person who violates subsection (a), if the person 
was transporting
a person under the age of 16 at the time of 
the violation, is subject to an
additional mandatory minimum 
fine of $1,000, an additional mandatory minimum
140 hours of 
community service, which shall include 40 hours of community

service in a program benefiting children, and an additional 2 
days of
imprisonment. The imprisonment or assignment of 
community service under this
subsection (c-5) is not subject to 
suspension, nor is the person eligible for
a reduced sentence.

    (c-6) Except as provided in subsections (c-7) and (c-8) a 
person who
violates
subsection (a) a second time, if at the 
time of
the second violation the person was transporting a 
person under the age of 16,
is subject to an additional 10 days 
of imprisonment, an additional mandatory
minimum fine of 
$1,000, and an additional mandatory minimum 140 hours of

community service, which shall include 40 hours of community 
service in a
program benefiting children.
The imprisonment or 
assignment of community service under this subsection (c-6)
is 
not subject to suspension, nor is the person eligible for a 
reduced
sentence.

    (c-7) Except as provided in subsection (c-8), any person 
convicted of
violating subsection (c-6) or a similar
provision 
within 10 years of a previous violation of subsection (a) or a

similar provision shall receive, in addition to any other 
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
additional 40 hours of mandatory
community service in a program 
benefiting children, and a mandatory minimum
fine of $1,750. 
The imprisonment or assignment of community service under this

subsection (c-7) is not subject to suspension, nor is the 
person
eligible for a reduced sentence.

    (c-8) Any person convicted of violating subsection (c-6) or 
a similar
provision within 5 years of a previous violation of 
subsection (a) or a similar
provision shall receive, in 
addition to any other penalty imposed, an
additional 80 hours 
of mandatory community service in a program benefiting

children, an additional mandatory minimum 12 days of 
imprisonment, and a
mandatory minimum fine of $1,750. The 
imprisonment or assignment of community
service under this 
subsection (c-8) is not subject to suspension, nor
is the

person eligible for a reduced sentence.

    (c-9) Any person convicted a third time for violating 
subsection (a) or a
similar provision, if at the time of the 
third violation the person was
transporting a person under the 
age of 16, is guilty of a Class 4 felony and shall
receive, in 
addition to any other
penalty imposed, an additional mandatory 
fine of $1,000, an additional
mandatory 140 hours of community 
service, which shall include 40 hours in a
program benefiting 
children, and a mandatory minimum 30 days of imprisonment.
The 
imprisonment or assignment of community service under this 
subsection (c-9)
is not subject to suspension, nor is the 
person eligible for a reduced
sentence.

    (c-10) Any person convicted of violating subsection (c-9) 
or a similar
provision a third time within 20 years of a 
previous violation of subsection
(a) or a
similar provision is 
guilty of a Class 4 felony and shall receive, in addition
to 
any other penalty imposed, an additional mandatory 40 hours of 
community
service in a program benefiting children, an 
additional mandatory fine of

$3,000, and a mandatory minimum 
120 days of imprisonment. The imprisonment or
assignment of 
community service under this subsection (c-10) is not subject 
to
suspension, nor is the person eligible for a reduced 
sentence.

    (c-11) Any person convicted a fourth or subsequent time for 
violating
subsection (a) or a similar provision, if at the time 
of the fourth or
subsequent violation the person was 
transporting a person under the age of 16,
and if the person's 
3 prior violations of subsection (a) or a similar provision

occurred while transporting a person under the age of 16 or 
while the alcohol
concentration in his or her blood, breath, or 
urine was 0.16 or more based
on the definition of blood, 
breath, or urine units in Section 11-501.2, is
guilty of a 
Class 2 felony, is not eligible for probation or conditional

discharge, and is subject to a minimum fine of $3,000.

    (c-12) Any person convicted of a first violation of 
subsection (a) or a
similar provision, if the alcohol 
concentration in his or her blood, breath, or
urine was 0.16 or 
more based on the definition of blood, breath, or urine
units 
in Section 11-501.2, shall be subject, in addition to any other 
penalty
that may be imposed, to a mandatory minimum of 100 
hours of community service
and a mandatory minimum fine of 
$500.

    (c-13) Any person convicted of a second violation of 
subsection (a) or a similar provision committed within 10 years 
of a previous violation of subsection (a) or a similar 
provision committed within 10 years of a previous violation of 
subsection (a) or a similar provision, if at the time of the 
second violation of subsection (a) the
alcohol concentration in 
his or her blood, breath, or urine was 0.16 or more
based on 
the definition of blood, breath, or urine units in Section 
11-501.2,
shall be
subject, in addition to any other penalty 
that may be imposed, to a mandatory
minimum of 2 days of 
imprisonment and a mandatory minimum fine of $1,250.

    (c-14) Any person convicted of a third violation of 
subsection (a) or a
similar provision within 20 years of a 
previous violation of subsection (a) or
a
similar provision, if 
at the time of the third violation of subsection (a) or a

similar provision the alcohol concentration in his or her 
blood, breath, or
urine was 0.16 or more based on the 
definition of blood, breath, or urine units
in Section 
11-501.2, is guilty of a Class 4 felony and shall be subject, 
in
addition to any other penalty that may be imposed, to a 
mandatory minimum of
90 days of imprisonment and a mandatory 
minimum fine of $2,500.

    (c-15) Any person convicted of a fourth or subsequent 
violation of
subsection
(a) or a similar provision, if at the 
time of the fourth or subsequent
violation the alcohol 
concentration in his or her blood, breath, or urine was
0.16 or 
more based on the definition of blood, breath, or urine units 
in
Section 11-501.2, and if the person's 3 prior violations of 
subsection (a) or a
similar provision occurred while 
transporting a person under the age of 16 or
while the alcohol 
concentration in his or her blood, breath, or urine was 0.16
or 
more based on the definition of blood, breath, or urine units 
in Section
11-501.2, is guilty of a Class 2 felony and is not 
eligible for a sentence of
probation or conditional discharge 
and is subject to a minimum fine of
$2,500.


    (d) (1) Every person convicted of committing a violation of 
    this Section
shall be guilty of aggravated driving under 
    the influence of alcohol,
other drug or drugs, or 
    intoxicating compound or compounds, or any combination

    thereof if:


            (A) the person committed a violation of subsection 
        (a) or a similar
provision for the
third or subsequent 
        time;


            (B) the person committed a violation of subsection 
        (a)
while
driving a school bus with persons 18 years of 
        age or younger

on board;


            (C) the person in committing a violation of 
        subsection
(a) was
involved in a motor vehicle accident 
        that resulted in great bodily harm or
permanent 
        disability or disfigurement to another, when the 
        violation was
a proximate cause of the injuries;


            (D) the person committed a violation of subsection 
        (a)
for a
second time and has been previously convicted 
        of violating Section 9-3 of the
Criminal Code of 1961 
        or a similar provision of a law of another state 
        relating to reckless homicide in which the person was

        determined to have been under the influence of alcohol, 
        other drug or
drugs, or intoxicating compound or 
        compounds as an element of the offense or
the person 
        has previously been convicted
under subparagraph (C) 
        or subparagraph (F) of this paragraph (1);


            (E) the person, in committing a violation of 
        subsection (a) while
driving at any speed in a school 
        speed zone at a time when a speed limit of
20 miles per 
        hour was in effect under subsection (a) of Section 
        11-605 of
this Code, was involved in a motor vehicle 
        accident that resulted in bodily
harm, other than great 
        bodily harm or permanent disability or disfigurement,

        to another person, when the violation of subsection (a) 
        was a
proximate cause
of the bodily harm; or


            (F) the person, in committing a violation of 
        subsection (a), was
involved in a motor vehicle, 
        snowmobile, all-terrain vehicle, or watercraft

        accident that resulted in
the death of another person, 
        when the violation of subsection
(a) was
a proximate 
        cause of the death;


            (G) the person committed the violation while he or 
        she did not possess a driver's license or permit or a 
        restricted driving permit or a judicial driving permit 
        or a monitoring device driving permit; or

            (H) the person committed the violation while he or 
        she knew or should have known that the vehicle he or 
        she was driving was not covered by a liability 
        insurance policy.

        (2) Except as provided in this paragraph (2) and in 
    paragraphs (2), (2.1), and (3) of subsection (c-1), a 
    person convicted of
aggravated driving under
the
influence 
    of alcohol, other drug or
drugs,
or intoxicating compound 
    or compounds, or any
combination thereof is guilty of a 
    Class 4 felony.  For a violation of
subparagraph (C)
of

    paragraph (1) of this subsection (d), the defendant, if 
    sentenced to a term
of imprisonment, shall be sentenced
to 
    not less than
one year nor more than 12 years.
Aggravated 
    driving under the influence of alcohol, other drug or 
    drugs,
or intoxicating compound or compounds, or any 
    combination thereof as
defined in subparagraph (F) of 
    paragraph (1) of this subsection (d) is
a Class 2 felony, 
    for which the defendant, if sentenced to a term of

    imprisonment, shall be sentenced to: (A) a
term of 
    imprisonment of not less than 3 years and not more
than 14 
    years if the violation resulted in the death of one person; 
    or
(B) a term of imprisonment of not less than 6 years and 
    not
more than 28 years if the violation resulted in the 
    deaths of 2 or more
persons.
For any prosecution under this 
    subsection
(d), a certified copy of the
driving abstract of 
    the defendant shall be admitted as proof of any prior

    conviction.
Any person sentenced under this subsection (d) 
    who receives a term of
probation
or conditional discharge 
    must serve a minimum term of either 480 hours of
community 
    service or 10 days of imprisonment as a condition of the 
    probation or
conditional discharge. This mandatory minimum 
    term of imprisonment or
assignment of community service may 
    not be suspended or reduced by the court.


    (e) After a finding of guilt and prior to any final 
sentencing, or an
order for supervision, for an offense based 
upon an arrest for a
violation of this Section or a similar 
provision of a local ordinance,
individuals shall be required 
to undergo a professional evaluation to
determine if an 
alcohol, drug, or intoxicating compound abuse problem exists

and the
extent of the problem, and undergo the imposition of 
treatment as appropriate.
Programs conducting these 
evaluations shall be
licensed by the Department of Human 
Services.  The cost of any professional
evaluation shall be paid 
for by the
individual
required to undergo the professional 
evaluation.


    (e-1) Any person who is found guilty of or pleads guilty to 
violating this
Section, including any person receiving a 
disposition of court supervision for
violating this Section, 
may be required by the Court to attend a victim
impact panel 
offered by, or under contract with, a County State's Attorney's

office, a probation and court services department, Mothers 
Against Drunk
Driving,
or the Alliance Against Intoxicated 
Motorists.
All costs generated by
the victim impact panel shall 
be paid from fees collected from the
offender or as may be 
determined by the court.


    (f) Every person found guilty of violating this Section, 
whose
operation of a motor vehicle while in violation of this 
Section proximately
caused any incident resulting in an 
appropriate emergency response, shall
be liable for the expense 
of an emergency response as provided under
Section 5-5-3 of the 
Unified Code of Corrections.


    (g) The Secretary of State shall revoke the driving 
privileges of any
person convicted under this Section or a 
similar provision of a local
ordinance.


    (h) (Blank).



    (i) The Secretary of State shall require the use of 
ignition interlock
devices on all vehicles owned by an 
individual who has been convicted of a
second
or subsequent 
offense of this Section or a similar provision of a local

ordinance.  The Secretary shall establish by rule and regulation 
the procedures
for certification and use of the interlock 
system.


    (j) In addition to any other penalties and liabilities, a 
person who is
found guilty of or pleads guilty to violating 
subsection (a), including any
person placed on court 
supervision for violating subsection (a), shall be fined
$500, 
payable to the
circuit clerk, who shall distribute the money as 
follows: 20% to the law enforcement agency
that made the arrest 
and 80% shall be forwarded to the State Treasurer for deposit 
into the General Revenue Fund.  If the person has been 
previously convicted of violating
subsection (a) or a similar 
provision of a local
ordinance, the fine shall be
$1,000.  In 
the event that more than one agency is responsible
for the 
arrest, the amount payable to law enforcement agencies  shall be 
shared equally.  Any moneys received
by a law
enforcement agency 
under this subsection (j) shall be used for enforcement and 
prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by this Section, including but 
not limited to the purchase of law
enforcement equipment and 
commodities that will assist in the prevention of alcohol 
related
criminal violence throughout the State; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; and police 
officer salaries, including but not limited to salaries for 
hire back funding for safety checkpoints, saturation patrols, 
and liquor store sting operations. Equipment and commodities 
shall include, but are not limited
to, in-car video cameras, 
radar and laser speed detection devices, and alcohol
breath 
testers.
Any moneys received by the Department of State Police 
under this subsection
(j) shall be deposited into the State 
Police DUI Fund and shall be used for enforcement and 
prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by this Section, including but 
not limited to the

purchase of law enforcement equipment and 
commodities that will assist in the prevention of
alcohol 
related criminal violence throughout the State; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; and police 
officer salaries, including but not limited to salaries for 
hire back funding for safety checkpoints, saturation patrols, 
and liquor store sting operations.


    (k) The Secretary of State Police DUI Fund is created as a 
special
fund in the State treasury. All moneys received by the 
Secretary of State
Police under subsection (j) of this Section 
shall be deposited into the
Secretary of State Police DUI Fund 
and, subject to appropriation, shall be
used for enforcement 
and prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by this Section, including but 
not limited to the purchase of law enforcement equipment and 
commodities to assist in the prevention of
alcohol related 
criminal violence throughout the State; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; and police 
officer salaries, including but not limited to salaries for 
hire back funding for safety checkpoints, saturation patrols, 
and liquor store sting operations.


    (l) Whenever an individual is sentenced for an offense 
based upon an
arrest for a violation of subsection (a) or a 
similar provision of a local
ordinance, and the professional 
evaluation recommends remedial or
rehabilitative treatment or 
education, neither the treatment nor the education
shall be the 
sole disposition and either or both may be imposed only in

conjunction with another disposition. The court shall monitor 
compliance with
any remedial education or treatment 
recommendations contained in the
professional evaluation. 
Programs conducting alcohol or other drug evaluation
or 
remedial education must be licensed by the Department of Human 
Services. If
the individual is not a resident of Illinois, 
however, the court may accept an
alcohol or other drug 
evaluation or remedial education program in the
individual's 
state of residence.  Programs providing treatment must be 
licensed
under existing applicable alcoholism and drug 
treatment licensure standards.

    (m) In addition to any other fine or penalty required by 
law, an individual
convicted of a violation of subsection (a), 
Section 5-7 of the Snowmobile
Registration and Safety Act, 
Section 5-16 of the Boat Registration and Safety
Act, or a 
similar provision, whose operation of a motor vehicle, 
snowmobile, or
watercraft while in
violation of subsection (a), 
Section 5-7 of the Snowmobile Registration and
Safety Act, 
Section 5-16 of the Boat Registration and Safety Act, or a 
similar
provision proximately caused an incident resulting in 
an appropriate emergency
response, shall be required to make 
restitution to a public agency for the
costs of that emergency 
response. The restitution may not exceed $1,000 per
public 
agency for each emergency response. As used in this subsection 
(m),
"emergency response" means any incident requiring a 
response by a police
officer, a firefighter carried on the 
rolls of a regularly constituted fire
department, or an 
ambulance.


(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
93-840, eff. 7-30-04; 94-329, eff. 1-1-06; 94-963, eff. 
6-28-06.)

 
    Section 15. The Unified Code of Corrections is amended  by 
changing Section 5-6-1 as follows:
 



    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)



    Sec. 5-6-1. Sentences of Probation and of Conditional

Discharge and Disposition of Supervision.
The General Assembly 
finds that in order to protect the public, the
criminal justice 
system must compel compliance with the conditions of probation

by responding to violations with swift, certain and fair 
punishments and
intermediate sanctions. The Chief Judge of each 
circuit shall adopt a system of
structured, intermediate 
sanctions for violations of the terms and conditions
of a 
sentence of probation, conditional discharge or disposition of

supervision.

    (a) Except where specifically prohibited by other

provisions of this Code, the court shall impose a sentence
of 
probation or conditional discharge upon an offender
unless, 
having regard to the nature and circumstance of
the offense, 
and to the history, character and condition
of the offender, 
the court is of the opinion that:


        (1) his imprisonment or periodic imprisonment is 
    necessary
for the protection of the public; or


        (2) probation or conditional discharge would deprecate

    the seriousness of the offender's conduct and would be

    inconsistent with the ends of justice; or

        (3) a combination of imprisonment with concurrent or 
    consecutive probation when an offender has been admitted 
    into a drug court program under Section 20 of the Drug 
    Court Treatment Act is necessary for the protection of the 
    public and for the rehabilitation of the offender.

    The court shall impose as a condition of a sentence of 
probation,
conditional discharge, or supervision, that the 
probation agency may invoke any
sanction from the list of 
intermediate sanctions adopted by the chief judge of
the 
circuit court for violations of the terms and conditions of the 
sentence of
probation, conditional discharge, or supervision, 
subject to the provisions of
Section 5-6-4 of this Act.

    (b) The court may impose a sentence of conditional

discharge for an offense if the court is of the opinion
that 
neither a sentence of imprisonment nor of periodic
imprisonment 
nor of probation supervision is appropriate.

    (b-1) Subsections (a) and (b) of this Section do not apply 
to a defendant charged with a misdemeanor or felony under the 
Illinois Vehicle Code or reckless homicide under Section 9-3 of 
the Criminal Code of 1961 if the defendant within the past 12 
months has been convicted of or pleaded guilty to a misdemeanor 
or felony under the Illinois Vehicle Code or reckless homicide 
under Section 9-3 of the Criminal Code of 1961.
    (c) The court may, upon a plea of guilty or a stipulation

by the defendant of the facts supporting the charge or a

finding of guilt, defer further proceedings and the
imposition 
of a sentence, and enter an order for supervision of the 
defendant,
if the defendant is not charged with: (i) a Class A 
misdemeanor, as
defined by the following provisions of the 
Criminal Code of 1961: Sections
11-9.1; 12-3.2; 12-15; 26-5; 
31-1; 31-6; 31-7; subsections (b) and (c) of Section
21-1;

paragraph (1) through (5), (8), (10), and (11) of subsection 
(a) of Section
24-1; (ii) a Class A misdemeanor violation of 
Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals 
Act; or (iii)
felony.
If the defendant
is not barred from 
receiving an order for supervision as provided in this

subsection, the court may enter an order for supervision after 
considering the
circumstances of the offense, and the history,

character and condition of the offender, if the court is of the 
opinion
that:


        (1) the offender is not likely to commit further 
    crimes;


        (2) the defendant and the public would be best served 
    if the
defendant were not to receive a criminal record; and


        (3) in the best interests of justice an order of 
    supervision
is more appropriate than a sentence otherwise 
    permitted under this Code.

    (d) The provisions of paragraph (c) shall not apply to a 
defendant charged
with violating Section 11-501 of the Illinois 
Vehicle Code or a similar
provision of a local
ordinance when 
the defendant has previously been:


        (1) convicted for a violation of Section 11-501 of
the 
    Illinois Vehicle
Code or a similar provision of a
local 
    ordinance or any similar law or ordinance of another state; 
    or


        (2) assigned supervision for a violation of Section 
    11-501 of the Illinois
Vehicle Code or a similar provision 
    of a local ordinance or any similar law
or ordinance of 
    another state; or


        (3) pleaded guilty to or stipulated to the facts 
    supporting
a charge or a finding of guilty to a violation 
    of Section 11-503 of the
Illinois Vehicle Code or a similar 
    provision of a local ordinance or any
similar law or 
    ordinance of another state, and the
plea or stipulation was 
    the result of a plea agreement.

    The court shall consider the statement of the prosecuting

authority with regard to the standards set forth in this 
Section.

    (e) The provisions of paragraph (c) shall not apply to a 
defendant
charged with violating Section 16A-3 of the Criminal 
Code of 1961 if said
defendant has within the last 5 years 
been:


        (1) convicted for a violation of Section 16A-3 of the 
    Criminal Code of
1961; or


        (2) assigned supervision for a violation of Section 
    16A-3 of the Criminal
Code of 1961.

    The court shall consider the statement of the prosecuting 
authority with
regard to the standards set forth in this 
Section.

    (f) The provisions of paragraph (c) shall not apply to a 
defendant
charged with violating Sections 15-111, 15-112, 
15-301, paragraph (b)
of Section 6-104, Section 11-605, or 
Section 11-1414
of the Illinois Vehicle Code or a similar 
provision of a local ordinance.

    (g) Except as otherwise provided in paragraph (i) of this 
Section, the
provisions of paragraph (c) shall not apply to a

defendant charged with violating Section
3-707, 3-708, 3-710, 
or 5-401.3
of the Illinois Vehicle Code or a similar provision 
of a local ordinance if the
defendant has within the last 5 
years been:


        (1) convicted for a violation of Section 3-707, 3-708, 
    3-710, or 5-401.3
of the Illinois Vehicle Code or a similar 
    provision of a local
ordinance; or


        (2) assigned supervision for a violation of Section 
    3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle 
    Code or a similar provision of a local
ordinance.

    The court shall consider the statement of the prosecuting 
authority with
regard to the standards set forth in this 
Section.

    (h) The provisions of paragraph (c) shall not apply to a 
defendant under
the age of 21 years charged with violating a 
serious traffic offense as defined
in Section 1-187.001 of the 
Illinois Vehicle Code:


        (1) unless the defendant, upon payment of the fines, 
    penalties, and costs
provided by law, agrees to attend and 
    successfully complete a traffic safety
program approved by 
    the court under standards set by the Conference of Chief

    Circuit Judges.  The accused shall be responsible for 
    payment of any traffic
safety program fees.  If the accused 
    fails to file a certificate of
successful completion on or 
    before the termination date of the supervision
order, the 
    supervision shall be summarily revoked and conviction 
    entered.  The
provisions of Supreme Court Rule 402 relating 
    to pleas of guilty do not apply
in cases when a defendant 
    enters a guilty plea under this provision; or


        (2) if the defendant has previously been sentenced 
    under the provisions of
paragraph (c) on or after January 
    1, 1998 for any serious traffic offense as
defined in 
    Section 1-187.001 of the Illinois Vehicle Code.

    (i) The provisions of paragraph (c) shall not apply to a 
defendant charged
with violating Section 3-707 of the Illinois 
Vehicle Code or a similar
provision of a local ordinance if the 
defendant has been assigned supervision
for a violation of 
Section 3-707 of the Illinois Vehicle Code or a similar

provision of a local ordinance.

    (j) The provisions of paragraph (c) shall not apply to a

defendant charged with violating
Section 6-303 of the Illinois 
Vehicle Code or a similar provision of
a local ordinance when 
the revocation or suspension was for a violation of
Section 
11-501 or a similar provision of a local ordinance, a violation 
of
Section 11-501.1 or paragraph (b) of Section 11-401 of the 
Illinois Vehicle
Code, or a violation of Section 9-3 of the 
Criminal Code of 1961 if the
defendant has within the last 10 
years been:


        (1) convicted for a violation of Section 6-303 of the 
    Illinois Vehicle
Code or a similar provision of a local 
    ordinance; or


        (2) assigned supervision for a violation of Section 
    6-303 of the Illinois
Vehicle Code or a similar provision 
    of a local ordinance.
    (k) The provisions of paragraph (c) shall not apply to a

defendant charged with violating
any provision of the Illinois 
Vehicle Code or a similar provision of a local ordinance that 
governs the movement of vehicles if, within  the 12  months 
preceding the date of the defendant's arrest, the defendant has 
been assigned court supervision on 2 occasions for a violation 
that governs the movement of vehicles under the Illinois 
Vehicle Code or a similar provision of a local ordinance.


    (l) A defendant charged with violating any provision of the 
Illinois Vehicle Code who, after a court appearance in the same 
matter, receives a disposition of supervision under subsection 
(c) shall pay an additional fee of $20, to be collected as 
provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. 
In addition to the $20 fee, the person shall also pay a fee of 
$5, which, if not waived by the court, shall be collected as 
provided in Sections 27.5 and 27.6 of the Clerks of Courts Act. 
The $20 fee shall be disbursed as provided in Section 16-104c 
of the Illinois Vehicle Code. If the $5 fee is collected, $4.50 
of the fee shall be deposited into the Circuit Court Clerk 
Operation and Administrative Fund created by the Clerk of the 
Circuit Court and 50 cents of the fee shall be deposited into 
the Prisoner Review Board Vehicle and Equipment Fund in the 
State treasury.

    (m)  The provisions of paragraph (c) shall not apply to a 
defendant charged with violating Section 6-303 of the Illinois 
Vehicle Code or a similar provision of a local ordinance when 
the suspension was for a violation of Section 11-501.1 of the 
Illinois Vehicle Code and when:
        (1) at the time of the violation of Section 11-501.1 of 
    the Illinois Vehicle Code, the defendant was a first 
    offender pursuant to Section 11-500 of the Illinois Vehicle 
    Code and the defendant failed to obtain a monitoring device 
    driving permit; or
        (2) at the time of the violation of Section 11-501.1 of 
    the Illinois Vehicle Code, the defendant was a first 
    offender pursuant to Section 11-500 of the Illinois Vehicle 
    Code, had subsequently obtained a monitoring device 
    driving permit, but was driving a vehicle not equipped with 
    a breath alcohol ignition interlock device as defined in 
    Section 1-129.1 of the Illinois Vehicle Code.

(Source: P.A. 93-388, eff. 7-25-03; 93-1014, eff. 1-1-05; 
94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375, eff. 1-1-06; 
94-1009, eff. 1-1-07.)

 
    Section 99. Effective date. This Act takes effect on 
January 1, 2009.