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91_SB1361enr
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1 AN ACT to re-enact various provisions of Public Act
2 88-680 amending the Illinois Vehicle Code.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Purpose.
6 (1) The General Assembly finds and declares that:
7 (i) Public Act 88-680, effective January 1, 1995,
8 contained provisions amending the Illinois Vehicle Code.
9 Public Act 88-680 also contained other provisions.
10 (ii) In addition, Public Act 88-680 was entitled
11 "AN ACT to create a Safe Neighborhoods Law". (A) Article
12 5 was entitled JUVENILE JUSTICE and amended the Juvenile
13 Court Act of 1987. (B) Article 15 was entitled GANGS and
14 amended various provisions of the Criminal Code of 1961
15 and the Unified Code of Corrections. (C) Article 20 was
16 entitled ALCOHOL ABUSE and amended various provisions of
17 the Illinois Vehicle Code. (D) Article 25 was entitled
18 DRUG ABUSE and amended the Cannabis Control Act and the
19 Illinois Controlled Substances Act. (E) Article 30 was
20 entitled FIREARMS and amended the Criminal Code of 1961
21 and the Code of Criminal Procedure of 1963. (F) Article
22 35 amended the Criminal Code of 1961, the Rights of Crime
23 Victims and Witnesses Act, and the Unified Code of
24 Corrections. (G) Article 40 amended the Criminal Code of
25 1961 to increase the penalty for compelling organization
26 membership of persons. (H) Article 45 created the Secure
27 Residential Youth Care Facility Licensing Act and amended
28 the State Finance Act, the Juvenile Court Act of 1987,
29 the Unified Code of Corrections, and the Private
30 Correctional Facility Moratorium Act. (I) Article 50
31 amended the WIC Vendor Management Act, the Firearm Owners
32 Identification Card Act, the Juvenile Court Act of 1987,
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1 the Criminal Code of 1961, the Wrongs to Children Act,
2 and the Unified Code of Corrections.
3 (iii) On December 2, 1999, the Illinois Supreme
4 Court, in People v. Cervantes, Docket No. 87229, ruled
5 that Public Act 88-680 violates the single subject clause
6 of the Illinois Constitution (Article IV, Section 8 (d))
7 and was unconstitutional in its entirety.
8 (iv) The provisions of Public Act 88-680 amending
9 the Illinois Vehicle Code are of vital concern to the
10 people of this State and legislative action concerning
11 those provisions of Public Act 88-680 is necessary.
12 (2) It is the purpose of this Act to re-enact the
13 provisions of Public Act 88-680 amending the Illinois Vehicle
14 Code, including subsequent amendments. This re-enactment is
15 intended to remove any question as to the validity or
16 content of those provisions.
17 (3) This Act re-enacts various provisions of Public Act
18 88-680 amending the Illinois Vehicle Code, including
19 subsequent amendments, to remove any question as to the
20 validity or content of those provisions; it is not intended
21 to supersede any other Public Act that amends the text of the
22 Sections as set forth in this Act. The material is shown as
23 existing text (i.e., without underscoring).
24 ARTICLE 20. ALCOHOL ABUSE
25 Section 20-900. The Illinois Vehicle Code is amended by
26 re-enacting Sections 6-303 and 11-501 as follows:
27 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
28 Sec. 6-303. Driving while driver's license, permit or
29 privilege to operate a motor vehicle is suspended or revoked.
30 (a) Any person who drives or is in actual physical
31 control of a motor vehicle on any highway of this State at a
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1 time when such person's driver's license, permit or privilege
2 to do so or the privilege to obtain a driver's license or
3 permit is revoked or suspended as provided by this Code or
4 the law of another state, except as may be specifically
5 allowed by a judicial driving permit, family financial
6 responsibility driving permit, probationary license to drive,
7 or a restricted driving permit issued pursuant to this Code
8 or under the law of another state, shall be guilty of a Class
9 A misdemeanor.
10 (b) The Secretary of State upon receiving a report of
11 the conviction of any violation indicating a person was
12 operating a motor vehicle during the time when said person's
13 driver's license, permit or privilege was suspended by the
14 Secretary, by the appropriate authority of another state, or
15 pursuant to Section 11-501.1; except as may be specifically
16 allowed by a probationary license to drive, judicial driving
17 permit or restricted driving permit issued pursuant to this
18 Code or the law of another state; shall extend the suspension
19 for the same period of time as the originally imposed
20 suspension; however, if the period of suspension has then
21 expired, the Secretary shall be authorized to suspend said
22 person's driving privileges for the same period of time as
23 the originally imposed suspension; and if the conviction was
24 upon a charge which indicated that a vehicle was operated
25 during the time when the person's driver's license, permit or
26 privilege was revoked; except as may be allowed by a
27 restricted driving permit issued pursuant to this Code or the
28 law of another state; the Secretary shall not issue a
29 driver's license for an additional period of one year from
30 the date of such conviction indicating such person was
31 operating a vehicle during such period of revocation.
32 (c) Any person convicted of violating this Section shall
33 serve a minimum term of imprisonment of 7 consecutive days or
34 30 days of community service when the person's driving
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1 privilege was revoked or suspended as a result of:
2 (1) a violation of Section 11-501 of this Code or a
3 similar provision of a local ordinance relating to the
4 offense of operating or being in physical control of a
5 vehicle while under the influence of alcohol, any other
6 drug or any combination thereof; or
7 (2) a violation of paragraph (b) of Section 11-401
8 of this Code or a similar provision of a local ordinance
9 relating to the offense of leaving the scene of a motor
10 vehicle accident involving personal injury or death; or
11 (3) a violation of Section 9-3 of the Criminal Code
12 of 1961, as amended, relating to the offense of reckless
13 homicide; or
14 (4) a statutory summary suspension under Section
15 11-501.1 of this Code.
16 Such sentence of imprisonment or community service shall
17 not be subject to suspension in order to reduce such
18 sentence.
19 (d) Any person convicted of a second or subsequent
20 violation of this Section shall be guilty of a Class 4 felony
21 if the original revocation or suspension was for a violation
22 of Section 11-401 or 11-501 of this Code, or a similar
23 out-of-state offense, or a similar provision of a local
24 ordinance, a violation of Section 9-3 of the Criminal Code of
25 1961, relating to the offense of reckless homicide, or a
26 similar out-of-state offense, or a statutory summary
27 suspension under Section 11-501.1 of this Code.
28 (e) Any person in violation of this Section who is also
29 in violation of Section 7-601 of this Code relating to
30 mandatory insurance requirements, in addition to other
31 penalties imposed under this Section, shall have his or her
32 motor vehicle immediately impounded by the arresting law
33 enforcement officer. The motor vehicle may be released to
34 any licensed driver upon a showing of proof of insurance for
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1 the vehicle that was impounded and the notarized written
2 consent for the release by the vehicle owner.
3 (f) For any prosecution under this Section, a certified
4 copy of the driving abstract of the defendant shall be
5 admitted as proof of any prior conviction.
6 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
7 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97;
8 90-738, eff. 1-1-99.)
9 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
10 Sec. 11-501. Driving while under the influence of
11 alcohol, other drug or drugs, intoxicating compound or
12 compounds or any combination thereof.
13 (a) A person shall not drive or be in actual physical
14 control of any vehicle within this State while:
15 (1) the alcohol concentration in the person's blood
16 or breath is 0.08 or more based on the definition of
17 blood and breath units in Section 11-501.2;
18 (2) under the influence of alcohol;
19 (3) under the influence of any intoxicating
20 compound or combination of intoxicating compounds to a
21 degree that renders the person incapable of driving
22 safely;
23 (4) under the influence of any other drug or
24 combination of drugs to a degree that renders the person
25 incapable of safely driving;
26 (5) under the combined influence of alcohol, other
27 drug or drugs, or intoxicating compound or compounds to a
28 degree that renders the person incapable of safely
29 driving; or
30 (6) there is any amount of a drug, substance, or
31 compound in the person's breath, blood, or urine
32 resulting from the unlawful use or consumption of
33 cannabis listed in the Cannabis Control Act, a controlled
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1 substance listed in the Illinois Controlled Substances
2 Act, or an intoxicating compound listed in the Use of
3 Intoxicating Compounds Act.
4 (b) The fact that any person charged with violating this
5 Section is or has been legally entitled to use alcohol, other
6 drug or drugs, or intoxicating compound or compounds, or any
7 combination thereof, shall not constitute a defense against
8 any charge of violating this Section.
9 (c) Except as provided under paragraphs (c-3) and (d) of
10 this Section, every person convicted of violating this
11 Section or a similar provision of a local ordinance, shall be
12 guilty of a Class A misdemeanor and, in addition to any other
13 criminal or administrative action, for any second conviction
14 of violating this Section or a similar provision of a law of
15 another state or local ordinance committed within 5 years of
16 a previous violation of this Section or a similar provision
17 of a local ordinance shall be mandatorily sentenced to a
18 minimum of 48 consecutive hours of imprisonment or assigned
19 to a minimum of 100 hours of community service as may be
20 determined by the court. Every person convicted of violating
21 this Section or a similar provision of a local ordinance
22 shall be subject to a mandatory minimum fine of $500 and a
23 mandatory 5 days of community service in a program benefiting
24 children if the person committed a violation of paragraph (a)
25 or a similar provision of a local ordinance while
26 transporting a person under age 16. Every person convicted a
27 second time for violating this Section or a similar provision
28 of a local ordinance within 5 years of a previous violation
29 of this Section or a similar provision of a law of another
30 state or local ordinance shall be subject to a mandatory
31 minimum fine of $500 and 10 days of mandatory community
32 service in a program benefiting children if the current
33 offense was committed while transporting a person under age
34 16. The imprisonment or assignment under this subsection
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1 shall not be subject to suspension nor shall the person be
2 eligible for probation in order to reduce the sentence or
3 assignment.
4 (c-1) (1) A person who violates this Section during a
5 period in which his or her driving privileges are revoked
6 or suspended, where the revocation or suspension was for
7 a violation of this Section, Section 11-501.1, paragraph
8 (b) of Section 11-401, or Section 9-3 of the Criminal
9 Code of 1961 is guilty of a Class 4 felony.
10 (2) A person who violates this Section a third time
11 during a period in which his or her driving privileges
12 are revoked or suspended where the revocation or
13 suspension was for a violation of this Section, Section
14 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
15 of the Criminal Code of 1961 is guilty of a Class 3
16 felony.
17 (3) A person who violates this Section a fourth or
18 subsequent time during a period in which his or her
19 driving privileges are revoked or suspended where the
20 revocation or suspension was for a violation of this
21 Section, Section 11-501.1, paragraph (b) of Section
22 11-401, or Section 9-3 of the Criminal Code of 1961 is
23 guilty of a Class 2 felony.
24 (c-2) (Blank).
25 (c-3) Every person convicted of violating this Section
26 or a similar provision of a local ordinance who had a child
27 under age 16 in the vehicle at the time of the offense shall
28 have his or her punishment under this Act enhanced by 2 days
29 of imprisonment for a first offense, 10 days of imprisonment
30 for a second offense, 30 days of imprisonment for a third
31 offense, and 90 days of imprisonment for a fourth or
32 subsequent offense, in addition to the fine and community
33 service required under subsection (c) and the possible
34 imprisonment required under subsection (d). The imprisonment
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1 or assignment under this subsection shall not be subject to
2 suspension nor shall the person be eligible for probation in
3 order to reduce the sentence or assignment.
4 (d) (1) Every person convicted of committing a violation
5 of this Section shall be guilty of aggravated driving under
6 the influence of alcohol, other drug or drugs, or
7 intoxicating compound or compounds, or any combination
8 thereof if:
9 (A) the person committed a violation of this
10 Section, or a similar provision of a law of another state
11 or a local ordinance when the cause of action is the same
12 as or substantially similar to this Section, for the
13 third or subsequent time;
14 (B) the person committed a violation of paragraph
15 (a) while driving a school bus with children on board;
16 (C) the person in committing a violation of
17 paragraph (a) was involved in a motor vehicle accident
18 that resulted in great bodily harm or permanent
19 disability or disfigurement to another, when the
20 violation was a proximate cause of the injuries; or
21 (D) the person committed a violation of paragraph
22 (a) for a second time and has been previously convicted
23 of violating Section 9-3 of the Criminal Code of 1961
24 relating to reckless homicide in which the person was
25 determined to have been under the influence of alcohol,
26 other drug or drugs, or intoxicating compound or
27 compounds as an element of the offense or the person has
28 previously been convicted under subparagraph (C) of this
29 paragraph (1).
30 (2) Aggravated driving under the influence of alcohol,
31 other drug or drugs, or intoxicating compound or compounds,
32 or any combination thereof is a Class 4 felony for which a
33 person, if sentenced to a term of imprisonment, shall be
34 sentenced to not less than one year and not more than 3 years
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1 for a violation of subparagraph (A), (B) or (D) of paragraph
2 (1) of this subsection (d) and not less than one year and not
3 more than 12 years for a violation of subparagraph (C) of
4 paragraph (1) of this subsection (d). For any prosecution
5 under this subsection (d), a certified copy of the driving
6 abstract of the defendant shall be admitted as proof of any
7 prior conviction.
8 (e) After a finding of guilt and prior to any final
9 sentencing, or an order for supervision, for an offense based
10 upon an arrest for a violation of this Section or a similar
11 provision of a local ordinance, individuals shall be required
12 to undergo a professional evaluation to determine if an
13 alcohol, drug, or intoxicating compound abuse problem exists
14 and the extent of the problem. Programs conducting these
15 evaluations shall be licensed by the Department of Human
16 Services. The cost of any professional evaluation shall be
17 paid for by the individual required to undergo the
18 professional evaluation.
19 (f) Every person found guilty of violating this Section,
20 whose operation of a motor vehicle while in violation of this
21 Section proximately caused any incident resulting in an
22 appropriate emergency response, shall be liable for the
23 expense of an emergency response as provided under Section
24 5-5-3 of the Unified Code of Corrections.
25 (g) The Secretary of State shall revoke the driving
26 privileges of any person convicted under this Section or a
27 similar provision of a local ordinance.
28 (h) Every person sentenced under subsection (d) of this
29 Section and who receives a term of probation or conditional
30 discharge shall be required to serve a minimum term of either
31 30 days community service or, beginning July 1, 1993, 48
32 consecutive hours of imprisonment as a condition of the
33 probation or conditional discharge. This mandatory minimum
34 term of imprisonment or assignment of community service shall
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1 not be suspended and shall not be subject to reduction by the
2 court.
3 (i) The Secretary of State may use ignition interlock
4 device requirements when granting driving relief to
5 individuals who have been arrested for a second or subsequent
6 offense of this Section or a similar provision of a local
7 ordinance. The Secretary shall establish by rule and
8 regulation the procedures for use of the interlock system.
9 (j) In addition to any other penalties and liabilities,
10 a person who is found guilty of violating this Section shall
11 be fined $100, payable to the circuit clerk, who shall
12 distribute the money to the law enforcement agency that made
13 the arrest. In the event that more than one agency is
14 responsible for the arrest, the $100 shall be shared equally.
15 Any moneys received by a law enforcement agency under this
16 subsection (j) shall be used to purchase law enforcement
17 equipment that will assist in the prevention of alcohol
18 related criminal violence throughout the State. This shall
19 include, but is not limited to, in-car video cameras, radar
20 and laser speed detection devices, and alcohol breath
21 testers.
22 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
23 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
24 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
25 eff. 7-29-99.)
26 ARTICLE 990
27 Section 990-1. Severability. The provisions of this Act
28 are severable under Section 1.31 of the Statute on Statutes.
29 ARTICLE 999
30 Section 999-1. Effective date. This Act takes effect
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1 upon becoming law.
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