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Public Act 095-0400 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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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)
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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.
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(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
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Sec. 6-206. Discretionary authority to suspend or revoke | ||
license or
permit; Right to a hearing.
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(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:
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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;
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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;
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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;
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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;
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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;
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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.
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(b) If any conviction forming the basis of a suspension or
| ||
revocation authorized under this Section is appealed, the
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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
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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.
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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.
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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
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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.
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(d) This Section is subject to the provisions of the | ||
Drivers License
Compact.
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(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. |