State of Illinois
91st General Assembly
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Public Act 91-0692

SB1361 Enrolled                                LRB9111039WHmb

    AN ACT to  re-enact  various  provisions  of  Public  Act
88-680 amending the Illinois Vehicle Code.

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

    Section 1. Purpose.
    (1)  The General Assembly finds and declares that:
         (i)  Public Act 88-680, effective January  1,  1995,
    contained  provisions amending the Illinois Vehicle Code.
    Public Act 88-680 also contained other provisions.
         (ii)  In addition, Public Act  88-680  was  entitled
    "AN  ACT to create a Safe Neighborhoods Law". (A) Article
    5 was entitled JUVENILE JUSTICE and amended the  Juvenile
    Court  Act of 1987. (B) Article 15 was entitled GANGS and
    amended various provisions of the Criminal Code  of  1961
    and  the Unified Code of Corrections.  (C) Article 20 was
    entitled ALCOHOL ABUSE and amended various provisions  of
    the  Illinois  Vehicle  Code. (D) Article 25 was entitled
    DRUG ABUSE and amended the Cannabis Control Act  and  the
    Illinois  Controlled  Substances  Act. (E) Article 30 was
    entitled FIREARMS and amended the Criminal Code  of  1961
    and  the  Code of Criminal Procedure of 1963. (F) Article
    35 amended the Criminal Code of 1961, the Rights of Crime
    Victims and  Witnesses  Act,  and  the  Unified  Code  of
    Corrections.  (G) Article 40 amended the Criminal Code of
    1961 to increase the penalty for compelling  organization
    membership  of persons. (H) Article 45 created the Secure
    Residential Youth Care Facility Licensing Act and amended
    the State Finance Act, the Juvenile Court  Act  of  1987,
    the   Unified   Code  of  Corrections,  and  the  Private
    Correctional Facility  Moratorium  Act.  (I)  Article  50
    amended the WIC Vendor Management Act, the Firearm Owners
    Identification  Card Act, the Juvenile Court Act of 1987,
    the Criminal Code of 1961, the Wrongs  to  Children  Act,
    and the Unified Code of Corrections.
         (iii)  On  December  2,  1999,  the Illinois Supreme
    Court, in People v. Cervantes, Docket  No.  87229,  ruled
    that Public Act 88-680 violates the single subject clause
    of  the Illinois Constitution (Article IV, Section 8 (d))
    and was unconstitutional in its entirety.
         (iv)  The provisions of Public Act  88-680  amending
    the  Illinois  Vehicle  Code  are of vital concern to the
    people of this State and  legislative  action  concerning
    those provisions of Public Act 88-680 is necessary.
    (2)  It  is  the  purpose  of  this  Act  to re-enact the
provisions of Public Act 88-680 amending the Illinois Vehicle
Code, including subsequent amendments. This  re-enactment  is
intended  to  remove  any  question  as  to  the  validity or
content of those provisions.
    (3)  This Act re-enacts various provisions of Public  Act
88-680   amending   the   Illinois  Vehicle  Code,  including
subsequent amendments, to  remove  any  question  as  to  the
validity  or  content of those provisions; it is not intended
to supersede any other Public Act that amends the text of the
Sections as set forth in this Act. The material is  shown  as
existing text (i.e., without underscoring).

                  ARTICLE 20. ALCOHOL ABUSE

    Section  20-900.  The Illinois Vehicle Code is amended by
re-enacting Sections 6-303 and 11-501 as follows:

    (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,  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 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)  Any person convicted of violating this Section shall
serve a minimum term of imprisonment of 7 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.
    (d)  Any person  convicted  of  a  second  or  subsequent
violation of this Section shall be guilty of a Class 4 felony
if  the original 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.
(Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
eff. 1-1-96;  89-626,  eff.  8-9-96;  90-400,  eff.  8-15-97;
90-738, eff. 1-1-99.)

    (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
    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.
    (c)  Except as provided under paragraphs (c-3) and (d) of
this  Section,  every  person  convicted  of  violating  this
Section or a similar provision of a local ordinance, shall be
guilty of a Class A misdemeanor and, in addition to any other
criminal  or administrative action, for any second conviction
of violating this Section or a similar provision of a law  of
another  state or local ordinance committed within 5 years of
a previous violation of this Section or a  similar  provision
of  a  local  ordinance  shall  be mandatorily sentenced to a
minimum of 48 consecutive hours of imprisonment  or  assigned
to  a  minimum  of  100  hours of community service as may be
determined by the court.  Every person convicted of violating
this Section or a similar  provision  of  a  local  ordinance
shall  be  subject  to a mandatory minimum fine of $500 and a
mandatory 5 days of community service in a program benefiting
children if the person committed a violation of paragraph (a)
or  a  similar  provision  of   a   local   ordinance   while
transporting a person under age 16.  Every person convicted a
second time for violating this Section or a similar provision
of  a  local ordinance within 5 years of a previous violation
of this Section or a similar provision of a  law  of  another
state  or  local  ordinance  shall  be subject to a mandatory
minimum fine of $500  and  10  days  of  mandatory  community
service  in  a  program  benefiting  children  if the current
offense was committed while transporting a person  under  age
16.   The  imprisonment  or  assignment under this subsection
shall not be subject to suspension nor shall  the  person  be
eligible  for  probation  in  order to reduce the sentence or
assignment.
    (c-1) (1)  A person who violates this  Section  during  a
    period in which his or her driving privileges are revoked
    or  suspended, where the revocation or suspension was for
    a violation of this Section, Section 11-501.1,  paragraph
    (b)  of  Section  11-401,  or Section 9-3 of the Criminal
    Code of 1961 is guilty of a Class 4 felony.
         (2)  A person who violates this Section a third time
    during a period in which his or  her  driving  privileges
    are   revoked   or  suspended  where  the  revocation  or
    suspension was for a violation of this  Section,  Section
    11-501.1, paragraph (b) of Section 11-401, or Section 9-3
    of  the  Criminal  Code  of  1961  is guilty of a Class 3
    felony.
         (3)  A person who violates this Section a fourth  or
    subsequent  time  during  a  period  in  which his or her
    driving privileges are revoked  or  suspended  where  the
    revocation  or  suspension  was  for  a violation of this
    Section,  Section  11-501.1,  paragraph  (b)  of  Section
    11-401, or Section 9-3 of the Criminal Code  of  1961  is
    guilty of a Class 2 felony.
    (c-2)  (Blank).
    (c-3)  Every  person  convicted of violating this Section
or a similar provision of a local ordinance who had  a  child
under  age 16 in the vehicle at the time of the offense shall
have his or her punishment under this Act enhanced by 2  days
of  imprisonment for a first offense, 10 days of imprisonment
for a second offense, 30 days of  imprisonment  for  a  third
offense,  and  90  days  of  imprisonment  for  a  fourth  or
subsequent  offense,  in  addition  to the fine and community
service  required  under  subsection  (c)  and  the  possible
imprisonment required under subsection (d).  The imprisonment
or assignment under this subsection shall not be  subject  to
suspension  nor shall the person be eligible for probation in
order to reduce the sentence or assignment.
    (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  this
    Section, or a similar provision of a law of another state
    or a local ordinance when the cause of action is the same
    as or substantially similar  to  this  Section,  for  the
    third or subsequent time;
         (B)  the  person  committed a violation of paragraph
    (a) while driving a school bus with children on board;
         (C)  the  person  in  committing  a   violation   of
    paragraph  (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; or
         (D)  the person committed a violation  of  paragraph
    (a)  for  a second time and has been previously convicted
    of violating Section 9-3 of the  Criminal  Code  of  1961
    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) of this
    paragraph (1).
    (2)  Aggravated driving under the influence  of  alcohol,
other  drug  or drugs, or intoxicating compound or compounds,
or any combination thereof is a Class 4 felony  for  which  a
person,  if  sentenced  to  a  term of imprisonment, shall be
sentenced to not less than one year and not more than 3 years
for a violation of subparagraph (A), (B) or (D) of  paragraph
(1) of this subsection (d) and not less than one year and not
more  than  12  years  for a violation of subparagraph (C) of
paragraph (1) of this subsection  (d).  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.
    (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.  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.
    (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)  Every person sentenced under subsection (d) of  this
Section  and  who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
30 days community service or,  beginning  July  1,  1993,  48
consecutive  hours  of  imprisonment  as  a  condition of the
probation or conditional discharge.  This  mandatory  minimum
term of imprisonment or assignment of community service shall
not be suspended and shall not be subject to reduction by the
court.
    (i)  The  Secretary  of  State may use ignition interlock
device  requirements  when   granting   driving   relief   to
individuals who have been arrested for 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 use of the interlock system.
    (j)  In  addition to any other penalties and liabilities,
a person who is found guilty of violating this Section  shall
be  fined  $100,  payable  to  the  circuit  clerk, who shall
distribute the money to the law enforcement agency that  made
the  arrest.   In  the  event  that  more  than one agency is
responsible for the arrest, the $100 shall be shared equally.
Any moneys received by a law enforcement  agency  under  this
subsection  (j)  shall  be  used  to purchase law enforcement
equipment that will  assist  in  the  prevention  of  alcohol
related  criminal  violence throughout the State.  This shall
include, but is not limited to, in-car video  cameras,  radar
and   laser  speed  detection  devices,  and  alcohol  breath
testers.
(Source: P.A.  90-43,  eff.  7-2-97;  90-400,  eff.  8-15-97;
90-611, eff.  1-1-99;  90-655,  eff.  7-30-98;  90-738,  eff.
1-1-99;  90-779,  eff.  1-1-99; 91-126, eff. 7-16-99; 91-357,
eff. 7-29-99.)

                         ARTICLE 990

    Section 990-1.  Severability.  The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.

                         ARTICLE 999

    Section 999-1.  Effective date.  This  Act  takes  effect
upon becoming law.

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