Public Act 93-0156
HB1237 Enrolled LRB093 04014 DRH 04053 b
AN ACT in relation to vehicles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Illinois Vehicle Code is amended by
changing Section 11-501 as follows:
(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), (c-4),
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 5 days of imprisonment or assigned to a
minimum of 30 days 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 an additional mandatory minimum fine of $500 and
an additional 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
an additional mandatory minimum fine of $500 and an
additional 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.
(c-4) When a person is convicted of violating Section
11-501 of this Code or a similar provision of a local
ordinance, the following penalties apply when his or her
blood, breath, or urine was .16 or more based on the
definition of blood, breath, or urine units in Section
11-501.2 or when that person is convicted of violating this
Section while transporting a child under the age of 16:
(1) A person who is convicted of violating
subsection (a) of Section 11-501 of this Code a first
time, in addition to any other penalty that may be
imposed under subsection (c), is subject to a mandatory
minimum of 100 hours of community service and a minimum
fine of $500.
(2) A person who is convicted of violating
subsection (a) of Section 11-501 of this Code a second
time within 10 years, in addition to any other penalty
that may be imposed under subsection (c), is subject to a
mandatory minimum of 2 days of imprisonment and a minimum
fine of $1,250.
(3) A person who is convicted of violating
subsection (a) of Section 11-501 of this Code a third
time within 20 years is guilty of a Class 4 felony and,
in addition to any other penalty that may be imposed
under subsection (c), is subject to a mandatory minimum
of 90 days of imprisonment and a minimum fine of $2,500.
(4) A person who is convicted of violating this
subsection (c-4) a fourth or subsequent time is guilty of
a Class 2 felony and, in addition to any other penalty
that may be imposed under subsection (c), 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 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;
(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); or
(E) the person, in committing a violation of
paragraph (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 paragraph (a) was a proximate cause of the bodily
harm.
(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 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. 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, 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) Every person sentenced under paragraph (2) or (3) of
subsection (c-1) of this Section or 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
60 days 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 shall not be suspended and shall not be
subject to reduction by the court.
(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
this Section, including any person placed on court
supervision for 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. If the
person has been previously convicted of violating this
Section or a similar provision of a local ordinance, the fine
shall be $200. In the event that more than one agency is
responsible for the arrest, the $100 or $200 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. 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 to purchase law
enforcement equipment that will assist in the prevention of
alcohol related criminal violence throughout the State.
(Source: P.A. 91-126, eff. 7-16-99; 91-357, eff. 7-29-99;
91-692, eff. 4-13-00; 91-822, eff. 6-13-00; 92-248, eff.
8-3-01; 92-418, eff. 8-17-01; 92-420, eff. 8-17-01; 92-429,
eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)
Section 4. The Snowmobile Registration and Safety Act is
amended by changing Sections 2-2, 5-7, 5-7.1, 5-7.2, 5-7.3,
5-7.4, and 5-7.5 and adding Section 5-7.6 as follows:
(625 ILCS 40/2-2) (from Ch. 95 1/2, par. 602-2)
Sec. 2-2. Inspection; seizure; impoundment.
(a) Agents of the Department or other duly authorized
police officers may stop and inspect any snowmobile at any
time for the purpose of determining if the provisions of this
Act are being complied with. If the inspecting officer or
agent discovers any violation of the provisions of this Act,
he must issue a summons to the operator of such snowmobile
requiring that the operator appear before the circuit court
for the county within which the offense was committed.
(b) Every snowmobile subject to this Act, if under way
and upon being hailed by a designated law enforcement
officer, must stop immediately.
(c) Agents of the Department and other duly authorized
police officers may seize and impound, at the owner's
expense, any snowmobile involved in an accident or a
violation of subsection B of Section 5-1 or of Section 5-7 of
this Act.
(d) If a snowmobile is causing a traffic hazard because
of its position in relation to the highway or its physical
appearance is causing the impeding of traffic, its immediate
removal from the highway or private property adjacent to the
highway by a towing service may be authorized by a law
enforcement agency having jurisdiction.
(e) Whenever a peace officer reasonably believes that a
person under arrest for a violation of subsection B of
Section 5-1 or Section 5-7 of this Act or similar provision
of a local ordinance, is likely, upon release, to commit a
subsequent violation of subsection B of Section 5-1 or
Section 5-7 or a similar provision of a local ordinance, the
arresting officer shall have the snowmobile which the person
was operating at the time of the arrest impounded for a
period of not more than 12 hours after the time of the
arrest. The snowmobile may be released by the arresting law
enforcement agency without impoundment, or may be released
prior to the end of the impoundment period, however, if:
(1) the snowmobile was not owned by the person
under arrest, and the lawful owner requesting release of
the snowmobile possesses proof of ownership, and would
not, as determined by the arresting law enforcement
agency: (i) indicate a lack of ability to operate a
snowmobile in a safe manner, or (ii) otherwise, by
operating the snowmobile, be in violation of this Act; or
(2) the snowmobile is owned by the person under
arrest, and the person under arrest gives permission to
another person to operate the snowmobile, and the other
person would not, as determined by the arresting law
enforcement agency: (i) indicate a lack of ability to
operate a snowmobile in a safe manner, or (ii) otherwise,
by operating the snowmobile, be in violation of this Act.
(Source: P.A. 77-1312.)
(625 ILCS 40/5-7)
Sec. 5-7. Operating a snowmobile while under the
influence of alcohol or other drug or drugs, intoxicating
compound or compounds, or a combination of them; criminal
penalties; suspension of operating privileges.
(a) A person may not operate or be in actual physical
control of a snowmobile within this State while:
1. The alcohol concentration in that person's blood
or breath is a concentration at which driving a motor
vehicle is prohibited under subdivision (1) of subsection
(a) of Section 11-501 of the Illinois Vehicle Code;
2. The person is under the influence of alcohol;
3. The person is under the influence of any other
drug or combination of drugs to a degree that renders
that person incapable of safely operating a snowmobile;
3.1. The person is under the influence of any
intoxicating compound or combination of intoxicating
compounds to a degree that renders the person incapable
of safely operating a snowmobile;
4. The person is under the combined influence of
alcohol and any other drug or drugs or intoxicating
compound or compounds to a degree that renders that
person incapable of safely operating a snowmobile; or
5. There is any amount of a drug, substance, or
compound in that person's breath, blood, or urine
resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, or
controlled substance listed in the Illinois Controlled
Substances Act, or intoxicating compound listed in the
use of Intoxicating Compounds Act.
(b) The fact that a person charged with violating this
Section is or has been legally entitled to use alcohol, or
other drug or drugs, any intoxicating compound or compounds,
or any combination of them does not constitute a defense
against a charge of violating this Section.
(c) Every person convicted of violating this Section or
a similar provision of a local ordinance is guilty of a Class
A misdemeanor, except as otherwise provided in this Section.
(d) Every person convicted of violating this Section is
guilty of a Class 4 felony if:
1. The person has a previous conviction under this
Section; or
2. The offense results in personal injury where a
person other than the operator suffers great bodily harm
or permanent disability or disfigurement, when the
violation was a proximate cause of the injuries. A person
guilty of a Class 4 felony under this paragraph 2, if
sentenced to a term of imprisonment, shall be sentenced
to not less than one year nor more than 12 years; or
3. The offense occurred during a period in which
the person's privileges to operate a snowmobile are
revoked or suspended, and the revocation or suspension
was for a violation of this Section or was imposed under
Section 5-7.1.
(e) Every person convicted of violating this Section is
guilty of a Class 2 felony if the offense results in the
death of a person. A person guilty of a Class 2 felony under
this subsection (e), if sentenced to a term of imprisonment,
shall be sentenced to a term of not less than 3 years and not
more than 14 years.
(e-1) Every person convicted of violating this Section
or a similar provision of a local ordinance who had a child
under the age of 16 on board the snowmobile at the time of
offense shall be subject to a mandatory minimum fine of $500
and shall be subject to a mandatory minimum of 5 days of
community service in a program benefiting children. The
assignment under this subsection shall not be subject to
suspension nor shall the person be eligible for probation in
order to reduce the assignment.
(e-2) Every person found guilty of violating this
Section, whose operation of a snowmobile 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.
(e-3) In addition to any other penalties and
liabilities, a person who is found guilty of violating this
Section, including any person placed on court supervision,
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 (e-3) shall be used to purchase law enforcement
equipment or to provide law enforcement training that will
assist in the prevention of alcohol related criminal violence
throughout the State. Law enforcement equipment shall
include, but is not limited to, in-car video cameras, radar
and laser speed detection devices, and alcohol breath
testers.
(f) In addition to any criminal penalties imposed, the
Department of Natural Resources Conservation shall suspend
the snowmobile operation privileges of a person convicted or
found guilty of a misdemeanor under this Section for a period
of one year, except that first-time offenders receiving
supervision are exempt from this mandatory one year
suspension.
(g) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend for a period of
5 years the snowmobile operation privileges of any person
convicted or found guilty of a felony under this Section or
for a period of 5 years if the person is convicted of a
felony under this Section.
(Source: P.A. 92-615, eff. 1-1-03.)
(625 ILCS 40/5-7.1)
Sec. 5-7.1. Implied consent.
(a) A person who operates or is in actual physical
control of a snowmobile in this State is deemed to have given
consent to a chemical test or tests of blood, breath, or
urine for the purpose of determining the content of alcohol,
or other drug or drugs, intoxicating compound or compounds,
or a combination of them in content of that person's blood if
arrested for a violation of Section 5-7. The chemical test
or tests shall be administered at the direction of the
arresting officer. The law enforcement agency employing the
officer shall designate which tests shall be administered. A
urine test may be administered even after a blood or breath
test or both has been administered.
(a-1) For the purposes of this Section, an Illinois law
enforcement officer of this State who is investigating the
person for any offense defined in Section 5-7 may travel into
an adjoining state, where the person has been transported for
medical care to complete an investigation and to request that
the person submit to the test or tests set forth in this
Section. The requirements of this Section that the person be
arrested are inapplicable, but the officer shall issue the
person a uniform citation for an offense as defined in
Section 5-7 or a similar provision of a local ordinance prior
to requesting that the person submit to the test or tests.
The issuance of the uniform citation shall not constitute an
arrest, but shall be for the purpose of notifying the person
that he or she is subject to the provisions of this Section
and of the officer's belief of the existence of probable
cause to arrest. Upon returning to this State, the officer
shall file the uniform citation with the circuit clerk of the
county where the offense was committed and shall seek the
issuance of an arrest warrant or a summons for the person.
(a-2) Notwithstanding any ability to refuse under this
Act to submit to these tests or any ability to revoke the
implied consent to these tests, if a law enforcement officer
has probable cause to believe that a snowmobile operated by
or under actual physical control of a person under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds, or any combination of them has caused
the death or personal injury to another, that person shall
submit, upon the request of a law enforcement officer, to a
chemical test or tests of his or her blood, breath, or urine
for the purpose of determining the alcohol content or the
presence of any other drug or combination of both. For the
purposes of this Section, a personal injury includes severe
bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene for
immediate professional attention in either a doctor's office
or a medical facility.
(b) A person who is dead, unconscious, or who is
otherwise in a condition rendering that person incapable of
refusal, is deemed not to have withdrawn the consent provided
in subsection (a), and the test or tests may be administered.
(c) A person requested to submit to a test as provided
in this Section shall be verbally advised by the law
enforcement officer requesting the test that a refusal to
submit to the test will result in suspension of that person's
privilege to operate a snowmobile for a minimum of 2 years.
(d) Following this warning, if a person under arrest
refuses upon the request of a law enforcement officer to
submit to a test designated by the officer, no tests test may
be given, but the law enforcement officer shall file with the
clerk of the circuit court for the county in which the arrest
was made, and with the Department of Natural Resources, a
sworn statement naming the person refusing to take and
complete the chemical test or tests requested under the
provisions of this Section. The sworn statement shall
identify the arrested person, the person's current residence
address and shall specify that a refusal by that person to
take the chemical test or tests was made. The sworn statement
shall include a statement that the officer had reasonable
cause to believe the person was operating or was in actual
physical control of the snowmobile within this State while
under the influence of alcohol, or other drug or drugs, an
intoxicating compound or compound, or a combination of them
and that a chemical test or tests were requested as an
incident to and following the lawful arrest for an offense as
defined in Section 5-7 or a similar provision of a local
ordinance, and that the person, after being arrested for an
offense arising out of acts alleged to have been committed
while operating a snowmobile, refused to submit to and
complete a chemical test or tests as requested by the law
enforcement officer.
(e) The law enforcement officer submitting the sworn
statement shall serve immediate written notice upon the
person refusing the chemical test or tests that the person's
privilege to operate a snowmobile within this State will be
suspended for a period of 2 years unless, within 28 days from
the date of the notice, the person requests in writing a
hearing on the suspension. The clerk shall notify the person
in writing that the person's privilege to operate a
snowmobile will be suspended for a minimum of 2 years unless,
within 28 days from the date of mailing of the notice, that
person requests a hearing in writing.
If the person desires a hearing, the person shall file a
complaint in the circuit court in the county where that
person was arrested within 28 days from the date of mailing
of the notice. The hearing shall proceed in the court in the
same manner as other civil proceedings. The hearing shall
cover only the following issues: (1) whether the person was
placed under arrest for an offense as defined in Section 5-7
or a similar provision of a local ordinance as evidenced by
the issuance of a uniform citation; (2) whether the
arresting officer had reasonable grounds to believe that the
person was operating a snowmobile while under the influence
of alcohol, or other drug or drugs, an intoxicating compound
or compounds, or a combination of them; and (3) whether that
person refused to submit to and complete the chemical test or
tests upon the request of the law enforcement officer.
Whether the person was informed that the person's privilege
to operate a snowmobile would be suspended if that person
refused to submit to the chemical test or tests may not be an
issue in the hearing.
If the person fails to request a hearing in writing
within 28 days of the date of the notice, or if a hearing is
held and the court finds against the person on the issues
before the court, the clerk shall immediately notify the
Department of Natural Resources Conservation of the court's
decision, and the Department shall suspend the snowmobile
operation privileges of that person for at least 2 years.
(f) (Blank) If the person fails to request a hearing in
writing within 28 days of the date of mailing of the notice,
the clerk shall immediately notify the Department of
Conservation that no request for a hearing was received
within the statutory time period, and the Department shall
suspend the snowmobile operation privileges of that person
for at least 2 years.
(f-1) If the person submits to a test that discloses an
alcohol concentration of 0.08 or more, or any amount of a
drug, substance, or intoxicating compound in the person's
breath, blood, or urine resulting from the unlawful use 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, the law enforcement officer shall immediately
submit a sworn report to the circuit clerk of venue and the
Department of Natural Resources, certifying that the test or
tests was or were requested under subsection (a-1) of this
Section and the person submitted to testing that disclosed an
alcohol concentration of 0.08 or more.
In cases where the blood alcohol concentration of 0.08 or
greater or any amount of drug, substance, or compound
resulting from the unlawful use of cannabis, a controlled
substance, or an intoxicating compound is established by a
subsequent analysis of blood or urine collected at the time
of arrest, the arresting officer or arresting agency shall
immediately submit a sworn report to the circuit clerk of
venue and the Department of Natural Resources upon receipt of
the test results.
(g) A person must submit to each chemical test offered
by the law enforcement officer in order to comply with
implied consent provisions of this Section.
(h) The provision of Section 11-501.2 of the Illinois
Vehicle Code concerning the certification and use of chemical
tests applies to the use of those tests under this Section.
(Source: P.A. 89-55, eff. 1-1-96.)
(625 ILCS 40/5-7.2)
Sec. 5-7.2. Chemical and other tests.
(a) Upon the trial of a civil or criminal action or
proceeding arising out of acts alleged to have been committed
while under the influence of alcohol, the concentration of
alcohol in the person's blood or breath at the time alleged
as shown by analysis of the person's blood, urine, breath, or
other bodily substance gives rise to the presumptions
specified in subdivisions 1, 2, and 3 of subsection (b) of
Section 11-501.2 of the Illinois Vehicle Code.
(b) The provisions of subsection (a) shall not be
construed as limiting the introduction of any other relevant
evidence bearing upon the question whether the person was
under the influence of alcohol.
(c) If a person under arrest refuses to submit to a
chemical test under the provisions of Section 5-7.1, evidence
of refusal is admissible in a civil or criminal action or
proceeding arising out of acts alleged to have been committed
while the person under the influence of alcohol, or other
drug or drugs, an intoxicating compound or compounds, or a
combination of them was operating a snowmobile.
(Source: P.A. 89-55, eff. 1-1-96; 90-215, eff. 1-1-98.)
(625 ILCS 40/5-7.3)
Sec. 5-7.3. Supervision of operator; notification; 6
hour operating limitation.
(a) The owner of a snowmobile or person given
supervisory authority over a snowmobile, may not knowingly
permit a snowmobile to be operated by a person under the
influence of alcohol, other drug or drugs, an intoxicating
compound or compounds, or a combination of them.
(b) Whenever a person is convicted or found guilty of a
violation of Section 5-7, including any person placed on
court supervision, the court shall notify the Office of Law
Enforcement of the Department of Natural Resources with the
records essential for the performance of the Department's
duties to monitor and enforce an order of suspension or
revocation concerning the person's privilege to operate a
snowmobile.
(c) A person who has been arrested and charged with
violating Section 5-7 may not operate a snowmobile within
this State for a period of 24 6 hours after that person's
arrest.
(Source: P.A. 89-55, eff. 1-1-96.)
(625 ILCS 40/5-7.4)
Sec. 5-7.4. Admissibility of chemical tests of blood
conducted in the regular course of providing emergency
medical treatment alcohol tests.
(a) Notwithstanding any other provision of law, the
written results of blood alcohol tests performed for the
purpose of determining the content of alcohol, other drug or
drugs, intoxicating compound or compounds, or any combination
of them in an individual's blood conducted upon persons
receiving medical treatment in a hospital emergency room, are
admissible in evidence as a business record exception to the
hearsay rule only in prosecutions for a violation of Section
5-7 of this Act or a similar provision of a local ordinance
or in prosecutions for reckless homicide brought under the
Criminal Code of 1961.
The results of the tests are admissible only when each of
the following criteria are met:
1. The chemical tests performed upon an
individual's blood were ordered in the regular course of
providing emergency treatment and not at the request of
law enforcement authorities; and The blood alcohol tests
were ordered by a physician on duty at the hospital
emergency room and were performed in the regular course
of providing emergency medical treatment in order to
assist the physician in diagnosis or treatment;
2. The chemical tests performed upon an
individual's blood were performed by the laboratory
routinely used by the hospital. The blood alcohol tests
were performed by the hospital's own laboratory; and
3. (Blank) The written results of the blood alcohol
tests were received and considered by the physician on
duty at the hospital emergency room to assist that
physician in diagnosis or treatment.
Results of chemical tests performed upon an individual's
blood are admissible into evidence regardless of the time
that the records were prepared.
(b) The confidentiality provisions of law pertaining to
medical records and medical treatment are not applicable with
regard to chemical blood alcohol tests performed upon a
person's blood or urine under the provisions of this Section
in prosecutions as specified in subsection (a) of this
Section. No person shall be liable for civil damages as a
result of the evidentiary use of the results of chemical
testing of the individual's blood alcohol tests results under
this Section or as a result of that person's testimony made
available under this Section.
(Source: P.A. 89-55, eff. 1-1-96; 89-626, eff. 8-9-96.)
(625 ILCS 40/5-7.5)
Sec. 5-7.5. Preliminary breath screening test. If a law
enforcement officer has reasonable suspicion probable cause
to believe that a person is violating or has violated Section
5-7 or a similar provision of a local ordinance, the officer,
before an arrest, may request the person to provide a sample
of his or her breath for a preliminary breath screening test
using a portable device approved by the Department of State
Police. The results of this preliminary breath screening
test may be used by the law enforcement officer for the
purpose of assisting with the determination of whether to
require a chemical test, as authorized under Sections 5-7.1
and 5-7.2 and the appropriate type of test to request. Any
chemical test authorized under Sections 5-7.1 and 5-7.2 may
be requested by the officer regardless of the result of the
preliminary breath screening test if probable cause for an
arrest exists. The result of a preliminary breath screening
test may be used by the defendant as evidence in an
administrative or court proceeding involving a violation of
Section 5-7 or 5-7.1.
(Source: P.A. 91-828, eff. 1-1-01.)
(625 ILCS 40/5-7.6 new)
Sec. 5-7.6. Reporting of test results of blood or urine
conducted in the regular course of providing emergency
medical treatment.
(a) Notwithstanding any other provision of law, the
results of blood or urine tests performed for the purpose of
determining the content of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination of
them in an individual's blood or urine, conducted upon
persons receiving medical treatment in a hospital emergency
room for injuries resulting from a snowmobile accident, shall
be disclosed to the Department of Natural Resources, or local
law enforcement agencies of jurisdiction, upon request. The
blood or urine tests are admissible in evidence as a business
record exception to the hearsay rule only in prosecutions for
violations of Section 5-7 of this Code or a similar provision
of a local ordinance, or in prosecutions for reckless
homicide brought under the Criminal Code of 1961.
(b) The confidentiality provisions of the law pertaining
to medical records and medical treatment shall not be
applicable with regard to tests performed upon an
individual's blood or urine under the provisions of
subsection (a) of this Section. No person shall be liable for
civil damages or professional discipline as a result of
disclosure or reporting of the tests or the evidentiary use
of an individual's blood or urine test results under this
Section or Section 5-7.4 or as a result of that person's
testimony made available under this Section or Section 5-7.4,
except for willful or wanton misconduct.
Section 5. The Boat Registration and Safety Act is
amended by changing Sections 2-2, 5-16, and 5-16a and adding
Section 5-16a.1 as follows:
(625 ILCS 45/2-2) (from Ch. 95 1/2, par. 312-2)
Sec. 2-2. Inspection; removal; impoundment.
(a) Agents of the Department or other duly authorized
police officers may board and inspect any boat at any time
for the purpose of determining if this Act is being complied
with. If the boarding officer or agent discovers any
violation of this Act, he may issue a summons to the operator
of the boat requiring that the operator appear before the
circuit court for the county within which the offense was
committed.
(b) Every vessel subject to this Act, if under way and
upon being hailed by a designated law enforcement officer,
must stop immediately and lay to.
(c) Agents of the Department and other duly authorized
police officers may enforce all federal laws and regulations
which have been mutually agreed upon by the federal and state
governments and are applicable to the operation of watercraft
on navigable waters and federal impoundments where concurrent
jurisdiction exists between the federal and state
governments.
(d) Agents of the Department and other duly authorized
police officers may seize and impound, at the owner's or
operator's expense, any watercraft involved in a boating
accident or a violation of Section 3A-21, 5-1, 5-2, or 5-16
of this Act.
(e) If a watercraft is causing a traffic hazard because
of its position on a waterway or its physical appearance is
causing the impeding of traffic, its immediate removal from
the waterway by a towing service may be authorized by a law
enforcement agency having jurisdiction.
(f) Whenever a peace officer reasonably believes that a
person under arrest for a violation of Section 5-1, 5-2 or
5-16 of this Act or similar provision of a local ordinance,
is likely, upon release, to commit a subsequent violation of
Section 5-1, 5-2 or 5-16 or a similar provision of a local
ordinance, the arresting officer shall have the watercraft
which the person was operating at the time of the arrest
impounded for a period of not more than 12 hours after the
time of the arrest. The watercraft may be released by the
arresting law enforcement agency without impoundment, or may
be released prior to the end of the impoundment period,
however, if:
(1) the watercraft was not owned by the person under
arrest, and the lawful owner requesting release possesses
proof of ownership, and would not, as determined by the
arresting law enforcement agency: (i) indicate a lack of
ability to operate a watercraft in a safe manner, or (ii)
otherwise, by operating the watercraft, be in violation
of this Act; or
(2) the watercraft is owned by the person under
arrest, and the person under arrest gives permission to
another person to operate the watercraft, and the other
person would not, as determined by the arresting law
enforcement agency: (i) indicate a lack of ability to operate
a watercraft in a safe manner, or (ii) otherwise, by
operating the watercraft, be in violation of this Act.
(Source: P.A. 87-798; 88-670, eff. 12-2-94.)
(625 ILCS 45/5-16)
Sec. 5-16. Operating a watercraft under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds, or combination thereof.
(A) 1. A person shall not operate or be in actual
physical control of any watercraft within this State
while:
(a) The alcohol concentration in such person's
blood or breath is a concentration at which driving
a motor vehicle is prohibited under subdivision (1)
of subsection (a) of Section 11-501 of the Illinois
Vehicle Code;
(b) Under the influence of alcohol;
(c) Under the influence of any other drug or
combination of drugs to a degree which renders such
person incapable of safely operating any watercraft;
(c-1) Under the influence of any intoxicating
compound or combination of intoxicating compounds to
a degree that renders the person incapable of safely
operating any watercraft;
(d) Under the combined influence of alcohol
and any other drug or drugs to a degree which
renders such person incapable of safely operating a
watercraft; or
(e) There is any amount of a drug, substance,
or compound in the person's blood or urine resulting
from the unlawful use or consumption of cannabis
listed as defined in the Cannabis Control Act, or a
controlled substance listed in the Illinois
Controlled Substances Act, or an intoxicating
compound listed in the Use of Intoxicating Compounds
Act.
2. The fact that any person charged with violating
this Section is or has been legally entitled to use
alcohol, or other drug or drugs, any intoxicating
compound or compounds, or any combination of them both,
shall not constitute a defense against any charge of
violating this Section.
3. Every person convicted of violating this Section
shall be guilty of a Class A misdemeanor, except as
otherwise provided in this Section.
4. Every person convicted of violating this Section
shall be guilty of a Class 4 felony if:
(a) He has a previous conviction under this
Section; or
(b) The offense results in personal injury
where a person other than the operator suffers great
bodily harm or permanent disability or
disfigurement, when the violation was a proximate
cause of the injuries. A person guilty of a Class 4
felony under this subparagraph (b), if sentenced to
a term of imprisonment, shall be sentenced to a term
of not less than one year nor more than 12 years; or
(c) The offense occurred during a period in
which his or her privileges to operate a watercraft
are revoked or suspended, and the revocation or
suspension was for a violation of this Section or
was imposed under subsection (B).
5. Every person convicted of violating this Section
shall be guilty of a Class 2 felony if the offense
results in the death of a person. A person guilty of a
Class 2 felony under this paragraph 5, if sentenced to a
term of imprisonment, shall be sentenced to a term of not
less than 3 years and not more than 14 years.
5.1. A person convicted of violating this Section
or a similar provision of a local ordinance who had a
child under the age of 16 aboard the watercraft at the
time of offense is subject to a mandatory minimum fine of
$500 and to a mandatory minimum of 5 days of community
service in a program benefiting children. The assignment
under this paragraph 5.1 is not subject to suspension and
the person is not eligible for probation in order to
reduce the assignment.
5.2. A person found guilty of violating this
Section, if his or her operation of a watercraft while in
violation of this Section proximately caused any incident
resulting in an appropriate emergency response, is liable
for the expense of an emergency response as provided
under Section 5-5-3 of the Unified Code of Corrections.
5.3. In addition to any other penalties and
liabilities, a person who is found guilty of violating
this Section, including any person placed on court
supervision, 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 paragraph 5.3 shall
be used to purchase law enforcement equipment or to
provide law enforcement training that will assist in the
prevention of alcohol related criminal violence
throughout the State. Law enforcement equipment shall
include, but is not limited to, in-car video cameras,
radar and laser speed detection devices, and alcohol
breath testers.
6. (a) In addition to any criminal penalties
imposed, the Department of Natural Resources shall
suspend the watercraft operation privileges of any
person convicted or found guilty of a misdemeanor
under this Section for a period of one year, except
that a first time offender is exempt from this
mandatory one year suspension.
(b) In addition to any criminal penalties
imposed, the Department of Natural Resources shall
suspend the watercraft operation privileges of any
person convicted of a felony under this Section for
a period of 3 years.
(B) 1. Any person who operates or is in actual physical
control of any watercraft upon the waters of this State
shall be deemed to have given consent to a chemical test
or tests of blood, breath or urine for the purpose of
determining the content of alcohol, other drug or drugs,
intoxicating compound or compounds, or combination
thereof in the content of such person's blood if arrested
for any offense of subsection (A) above. The chemical
test or tests shall be administered at the direction of
the arresting officer. The law enforcement agency
employing the officer shall designate which of the tests
shall be administered. A urine test may be administered
even after a blood or breath test or both has been
administered.
1.1. For the purposes of this Section, an Illinois
Law Enforcement officer of this State who is
investigating the person for any offense defined in
Section 5-16 may travel into an adjoining state, where
the person has been transported for medical care to
complete an investigation, and may request that the
person submit to the test or tests set forth in this
Section. The requirements of this Section that the
person be arrested are inapplicable, but the officer
shall issue the person a uniform citation for an offense
as defined in Section 5-16 or a similar provision of a
local ordinance prior to requesting that the person
submit to the test or tests. The issuance of the uniform
citation shall not constitute an arrest, but shall be for
the purpose of notifying the person that he or she is
subject to the provisions of this Section and of the
officer's belief in the existence of probable cause to
arrest. Upon returning to this State, the officer shall
file the uniform citation with the circuit clerk of the
county where the offense was committed and shall seek the
issuance of an arrest warrant or a summons for the
person.
1.2. Notwithstanding any ability to refuse under
this Act to submit to these tests or any ability to
revoke the implied consent to these tests, if a law
enforcement officer has probable cause to believe that a
watercraft operated by or under actual physical control
of a person under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination of them has caused the death of or personal
injury to another, that person shall submit, upon the
request of a law enforcement officer, to a chemical test
or tests of his or her blood, breath, or urine for the
purpose of determining the alcohol content or the
presence of any other drug, intoxicating compound, or
combination of them. For the purposes of this Section, a
personal injury includes severe bleeding wounds,
distorted extremities, and injuries that require the
injured party to be carried from the scene for immediate
professional attention in either a doctor's office or a
medical facility.
2. Any person who is dead, unconscious or who is
otherwise in a condition rendering such person incapable
of refusal, shall be deemed not to have withdrawn the
consent provided above, and the test may be administered.
3. A person requested to submit to a chemical test
as provided above shall be verbally advised by the law
enforcement officer requesting the test that a refusal to
submit to the test will result in suspension of such
person's privilege to operate a watercraft for a minimum
of 2 years. Following this warning, if a person under
arrest refuses upon the request of a law enforcement
officer to submit to a test designated by the officer, no
test none shall be given, but the law enforcement officer
shall file with the clerk of the circuit court for the
county in which the arrest was made, and with the
Department of Natural Resources, a sworn statement naming
the person refusing to take and complete the chemical
test or tests requested under the provisions of this
Section. Such sworn statement shall identify the
arrested person, such person's current residence address
and shall specify that a refusal by such person to take
the chemical test or tests was made. Such sworn
statement shall include a statement that the arresting
officer had reasonable cause to believe the person was
operating or was in actual physical control of the
watercraft within this State while under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds, or combination thereof and that such chemical
test or tests were made as an incident to and following
the lawful arrest for an offense as defined in this
Section or a similar provision of a local ordinance, and
that the person after being arrested for an offense
arising out of acts alleged to have been committed while
so operating a watercraft refused to submit to and
complete a chemical test or tests as requested by the law
enforcement officer.
3.1. The law enforcement officer submitting the
sworn statement as provided in paragraph 3 of this
subsection (B) shall serve immediate written notice upon
the person refusing the chemical test or tests that the
person's privilege to operate a watercraft within this
State will be suspended for a period of 2 years unless,
within 28 days from the date of the notice, the person
requests in writing a hearing on the suspension.
The clerk shall thereupon notify such person in
writing that the person's privilege to operate a
watercraft will be suspended unless, within 28 days from
the date of mailing of the notice, such person shall
request in writing a hearing thereon; If the person
desires a hearing, such person shall file a complaint in
the circuit court for and in the county in which such
person was arrested for such hearing. Such hearing shall
proceed in the court in the same manner as other civil
proceedings, shall cover only the issues of whether the
person was placed under arrest for an offense as defined
in this Section or a similar provision of a local
ordinance as evidenced by the issuance of a uniform
citation; whether the arresting officer had reasonable
grounds to believe that such person was operating a
watercraft while under the influence of alcohol, other
drug or drugs, intoxicating compound or compounds, or
combination thereof; and whether such person refused to
submit and complete the chemical test or tests upon the
request of the law enforcement officer. Whether the
person was informed that such person's privilege to
operate a watercraft would be suspended if such person
refused to submit to the chemical test or tests shall not
be an issue.
If the person fails to request in writing a hearing
within 28 days from the date of notice, or if a hearing
is held and the court finds against the person on the
issues before the court, the clerk shall immediately
notify the Department of Natural Resources of the court's
decision, and the Department shall suspend the watercraft
operation privileges of the person for at least 2 years.
3.2. If the person submits to a test that discloses
an alcohol concentration of 0.08 or more, or any amount
of a drug, substance or intoxicating compound in the
person's breath, blood, or urine resulting from the
unlawful use 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, the law
enforcement officer shall immediately submit a sworn
report to the circuit clerk of venue and the Department
of Natural Resources, certifying that the test or tests
were requested under paragraph 1 of this subsection (B)
and the person submitted to testing that disclosed an
alcohol concentration of 0.08 or more.
In cases where the blood alcohol concentration of
0.08 or greater or any amount of drug, substance or
compound resulting from the unlawful use of cannabis, a
controlled substance or an intoxicating compound is
established by a subsequent analysis of blood or urine
collected at the time of arrest, the arresting officer or
arresting agency shall immediately submit a sworn report
to the circuit clerk of venue and the Department of
Natural Resources upon receipt of the test results.
4. A person must submit to each chemical test
offered by the law enforcement officer in order to comply
with the implied consent provisions of this Section.
5. The provisions of Section 11-501.2 of the
Illinois Vehicle Code, as amended, concerning the
certification and use of chemical tests apply to the use
of such tests under this Section.
(C) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
by any person while operating a watercraft while under the
influence of alcohol, the concentration of alcohol in the
person's blood or breath at the time alleged as shown by
analysis of a person's blood, urine, breath, or other bodily
substance shall give rise to the presumptions specified in
subdivisions 1, 2, and 3 of subsection (b) of Section
11-501.2 of the Illinois Vehicle Code. The foregoing
provisions of this subsection (C) shall not be construed as
limiting the introduction of any other relevant evidence
bearing upon the question whether the person was under the
influence of alcohol.
(D) If a person under arrest refuses to submit to a
chemical test under the provisions of this Section, evidence
of refusal shall be admissible in any civil or criminal
action or proceeding arising out of acts alleged to have been
committed while the person under the influence of alcohol, or
other drug or drugs, intoxicating compound or compounds, or
combination of them both was operating a watercraft.
(E) The owner of any watercraft or any person given
supervisory authority over a watercraft, may not knowingly
permit a watercraft to be operated by any person under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds, or combination thereof.
(F) Whenever any person is convicted or found guilty of
a violation of this Section, including any person placed on
court supervision, the court shall notify the Office Division
of Law Enforcement of the Department of Natural Resources, to
provide the Department with the records essential for the
performance of the Department's duties to monitor and enforce
any order of suspension or revocation concerning the
privilege to operate a watercraft.
(G) No person who has been arrested and charged for
violating paragraph 1 of subsection (A) of this Section shall
operate any watercraft within this State for a period of 24 6
hours after such arrest.
(Source: P.A. 92-615, eff. 1-1-03.)
(625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
Sec. 5-16a. Admissibility of chemical tests of written
blood alcohol test results conducted in the regular course of
providing emergency medical treatment.
(a) Notwithstanding any other provision of law, the
written results of blood alcohol tests conducted upon persons
receiving medical treatment in a hospital emergency room are
admissible in evidence as a business record exception to the
hearsay rule only in prosecutions for any violation of
Section 5-16 of this Act or a similar provision of a local
ordinance or in prosecutions for reckless homicide brought
under the Criminal Code of 1961, when:
(1) the chemical tests performed upon an
individual's blood were ordered in the regular course of
providing emergency treatment and not at the request of
law enforcement authorities; and
(2) the chemical tests performed upon an
individual's blood were performed by the laboratory
routinely used by the hospital.
Results of chemical tests performed upon an individual's
blood are admissible into evidence regardless of the time
that the records were prepared. each of the following
criteria are met:
(1) the blood alcohol tests were ordered by a
physician on duty at the hospital emergency room and were
performed in the regular course of providing emergency
medical treatment in order to assist the physician in
diagnosis or treatment;
(2) the blood alcohol tests were performed by the
hospital's own laboratory; and
(3) the written results of the blood alcohol tests
were received and considered by the physician on duty at
the hospital emergency room to assist that physician in
diagnosis or treatment.
(b) The confidentiality provisions of law pertaining to
medical records and medical treatment shall not be applicable
with regard to chemical blood alcohol tests performed upon an
individual's blood or urine under the provisions of this
Section in prosecutions as specified in subsection (a) of
this Section. No person shall be liable for civil damages as
a result of the evidentiary use of the results of chemical
testing of an individual's blood blood alcohol test results
under this Section or as a result of that person's testimony
made available under this Section.
(Source: P.A. 87-803; 88-670, eff. 12-2-94.)
(625 ILCS 45/5-16a.1 new)
Sec. 5-16a.1. Reporting of test results of blood or urine
conducted in the regular course of providing emergency
medical treatment.
(a) Notwithstanding any other provision of law, the
results of blood or urine tests performed for the purpose of
determining the content of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination of
them in an individual's blood or urine, conducted upon
persons receiving medical treatment in a hospital emergency
room for injuries resulting from a boating accident, shall be
disclosed to the Department of Natural Resources or local law
enforcement agencies of jurisdiction, upon request. The
blood or urine tests are admissible in evidence as a business
record exception to the hearsay rule only in prosecutions for
violations of Section 5-16 of this Code or a similar
provision of a local ordinance, or in prosecutions for
reckless homicide brought under the Criminal Code of 1961.
(b) The confidentiality provisions of the law pertaining
to medical records and medical treatment shall not be
applicable with regard to tests performed upon an
individual's blood or urine under the provisions of
subsection (a) of this Section. No person is liable for
civil damages or professional discipline as a result of
disclosure or reporting of the tests or the evidentiary use
of an individual's blood or urine test results under this
Section or Section 5-16a, or as a result of that person's
testimony made available under this Section or Section 5-16a,
except for willful or wanton misconduct.
Section 10. The Unified Code of Corrections is amended
by changing Section 5-5-3 as follows:
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) Every person convicted of an offense shall be
sentenced as provided in this Section.
(b) The following options shall be appropriate
dispositions, alone or in combination, for all felonies and
misdemeanors other than those identified in subsection (c) of
this Section:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) An order directing the offender to clean up and
repair the damage, if the offender was convicted under
paragraph (h) of Section 21-1 of the Criminal Code of
1961.
(6) A fine.
(7) An order directing the offender to make
restitution to the victim under Section 5-5-6 of this
Code.
(8) A sentence of participation in a county impact
incarceration program under Section 5-8-1.2 of this Code.
Whenever an individual is sentenced for an offense based
upon an arrest for a violation of Section 11-501 of the
Illinois Vehicle Code, 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. However, if
the individual is not a resident of Illinois, the court may
accept an alcohol or other drug evaluation or remedial
education program in the state of such individual's
residence. Programs providing treatment must be licensed
under existing applicable alcoholism and drug treatment
licensure standards.
In addition to any other fine or penalty required by law,
any individual convicted of a violation of Section 11-501 of
the Illinois Vehicle Code, Section 5-7 of the Snowmobile
Registration and Safety Act, Section 5-16 of the Boat
Registration and Safety Act, or a similar provision of local
ordinance, whose operation of a motor vehicle while in
violation of Section 11-501, Section 5-7, Section 5-16, or
such ordinance 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. Such restitution shall not exceed $500
per public agency for each such emergency response. For the
purpose of this paragraph, emergency response shall mean any
incident requiring a response by: a police officer as defined
under Section 1-162 of the Illinois Vehicle Code; a fireman
carried on the rolls of a regularly constituted fire
department; and an ambulance as defined under Section 4.05 of
the Emergency Medical Services (EMS) Systems Act.
Neither a fine nor restitution shall be the sole
disposition for a felony and either or both may be imposed
only in conjunction with another disposition.
(c) (1) When a defendant is found guilty of first degree
murder the State may either seek a sentence of
imprisonment under Section 5-8-1 of this Code, or where
appropriate seek a sentence of death under Section 9-1 of
the Criminal Code of 1961.
(2) A period of probation, a term of periodic
imprisonment or conditional discharge shall not be
imposed for the following offenses. The court shall
sentence the offender to not less than the minimum term
of imprisonment set forth in this Code for the following
offenses, and may order a fine or restitution or both in
conjunction with such term of imprisonment:
(A) First degree murder where the death
penalty is not imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation
of subdivision (c)(1) or (c)(2) of Section 401 of
that Act which relates to more than 5 grams of a
substance containing heroin or cocaine or an analog
thereof.
(E) A violation of Section 5.1 or 9 of the
Cannabis Control Act.
(F) A Class 2 or greater felony if the
offender had been convicted of a Class 2 or greater
felony within 10 years of the date on which the
offender committed the offense for which he or she
is being sentenced, except as otherwise provided in
Section 40-10 of the Alcoholism and Other Drug Abuse
and Dependency Act.
(G) Residential burglary, except as otherwise
provided in Section 40-10 of the Alcoholism and
Other Drug Abuse and Dependency Act.
(H) Criminal sexual assault, except as
otherwise provided in subsection (e) of this
Section.
(I) Aggravated battery of a senior citizen.
(J) A forcible felony if the offense was
related to the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of
5 or more persons, with an established hierarchy,
that encourages members of the association to
perpetrate crimes or provides support to the members
of the association who do commit crimes.
Beginning July 1, 1994, for the purposes of
this paragraph, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the
offense of hate crime when the underlying offense
upon which the hate crime is based is felony
aggravated assault or felony mob action.
(M) A second or subsequent conviction for the
offense of institutional vandalism if the damage to
the property exceeds $300.
(N) A Class 3 felony violation of paragraph
(1) of subsection (a) of Section 2 of the Firearm
Owners Identification Card Act.
(O) A violation of Section 12-6.1 of the
Criminal Code of 1961.
(P) A violation of paragraph (1), (2), (3),
(4), (5), or (7) of subsection (a) of Section
11-20.1 of the Criminal Code of 1961.
(Q) A violation of Section 20-1.2 of the
Criminal Code of 1961.
(R) A violation of Section 24-3A of the
Criminal Code of 1961.
(S) A violation of Section 11-501(c-1)(3) of
the Illinois Vehicle Code.
(3) A minimum term of imprisonment of not less than
5 days or 30 days of community service as may be
determined by the court shall be imposed for a second
violation committed within 5 years of a previous
violation of Section 11-501 of the Illinois Vehicle Code
or a similar provision of a local ordinance. In the case
of a third or subsequent violation committed within 5
years of a previous violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance, a minimum term of either 10 days of
imprisonment or 60 days of community service shall be
imposed.
(4) A minimum term of imprisonment of not less than
10 consecutive days or 30 days of community service shall
be imposed for a violation of paragraph (c) of Section
6-303 of the Illinois Vehicle Code.
(4.1) A 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, shall be imposed for a violation of Section
11-501 of the Illinois Vehicle Code during a period in
which the defendant's driving privileges are revoked or
suspended, where the revocation or suspension was for a
violation of Section 11-501 or Section 11-501.1 of that
Code.
(4.2) Except as provided in paragraph (4.3) of this
subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of
Section 6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or
300 hours of community service, as determined by the
court, shall be imposed for a second violation of
subsection (c) of Section 6-303 of the Illinois Vehicle
Code.
(4.4) Except as provided in paragraph (4.5) and
paragraph (4.6) of this subsection (c), a minimum term of
imprisonment of 30 days or 300 hours of community
service, as determined by the court, shall be imposed for
a third or subsequent violation of Section 6-303 of the
Illinois Vehicle Code.
(4.5) A minimum term of imprisonment of 30 days
shall be imposed for a third violation of subsection (c)
of Section 6-303 of the Illinois Vehicle Code.
(4.6) A minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle
Code.
(5) The court may sentence an offender convicted of
a business offense or a petty offense or a corporation or
unincorporated association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under
Section 5-5-6 of this Code.
(5.1) In addition to any penalties imposed under
paragraph (5) of this subsection (c), and except as
provided in paragraph (5.2) or (5.3), a person convicted
of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's
license, permit, or privileges suspended for at least 90
days but not more than one year, if the violation
resulted in damage to the property of another person.
(5.2) In addition to any penalties imposed under
paragraph (5) of this subsection (c), and except as
provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's
license, permit, or privileges suspended for at least 180
days but not more than 2 years, if the violation resulted
in injury to another person.
(5.3) In addition to any penalties imposed under
paragraph (5) of this subsection (c), a person convicted
of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's
license, permit, or privileges suspended for 2 years, if
the violation resulted in the death of another person.
(6) In no case shall an offender be eligible for a
disposition of probation or conditional discharge for a
Class 1 felony committed while he was serving a term of
probation or conditional discharge for a felony.
(7) When a defendant is adjudged a habitual
criminal under Article 33B of the Criminal Code of 1961,
the court shall sentence the defendant to a term of
natural life imprisonment.
(8) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, after having
twice been convicted in any state or federal court of an
offense that contains the same elements as an offense now
classified in Illinois as a Class 2 or greater Class
felony and such charges are separately brought and tried
and arise out of different series of acts, such defendant
shall be sentenced as a Class X offender. This paragraph
shall not apply unless (1) the first felony was committed
after the effective date of this amendatory Act of 1977;
and (2) the second felony was committed after conviction
on the first; and (3) the third felony was committed
after conviction on the second. A person sentenced as a
Class X offender under this paragraph is not eligible to
apply for treatment as a condition of probation as
provided by Section 40-10 of the Alcoholism and Other
Drug Abuse and Dependency Act.
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced
to a term of natural life imprisonment.
(10) When a person is convicted of violating
Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance, the following penalties
apply when his or her blood, breath, or urine was .16 or
more based on the definition of blood, breath, or urine
units in Section 11-501.2 or that person is convicted of
violating Section 11-501 of the Illinois Vehicle Code
while transporting a child under the age of 16:
(A) For a first violation of subsection (a) of
Section 11-501, in addition to any other penalty
that may be imposed under subsection (c) of Section
11-501: a mandatory minimum of 100 hours of
community service and a minimum fine of $500.
(B) For a second violation of subsection (a)
of Section 11-501, in addition to any other penalty
that may be imposed under subsection (c) of Section
11-501 within 10 years: a mandatory minimum of 2
days of imprisonment and a minimum fine of $1,250.
(C) For a third violation of subsection (a) of
Section 11-501, in addition to any other penalty
that may be imposed under subsection (c) of Section
11-501 within 20 years: a mandatory minimum of 90
days of imprisonment and a minimum fine of $2,500.
(D) For a fourth or subsequent violation of
subsection (a) of Section 11-501: ineligibility for
a sentence of probation or conditional discharge and
a minimum fine of $2,500.
(d) In any case in which a sentence originally imposed
is vacated, the case shall be remanded to the trial court.
The trial court shall hold a hearing under Section 5-4-1 of
the Unified Code of Corrections which may include evidence of
the defendant's life, moral character and occupation during
the time since the original sentence was passed. The trial
court shall then impose sentence upon the defendant. The
trial court may impose any sentence which could have been
imposed at the original trial subject to Section 5-5-4 of the
Unified Code of Corrections. If a sentence is vacated on
appeal or on collateral attack due to the failure of the
trier of fact at trial to determine beyond a reasonable doubt
the existence of a fact (other than a prior conviction)
necessary to increase the punishment for the offense beyond
the statutory maximum otherwise applicable, either the
defendant may be re-sentenced to a term within the range
otherwise provided or, if the State files notice of its
intention to again seek the extended sentence, the defendant
shall be afforded a new trial.
(e) In cases where prosecution for criminal sexual
assault or aggravated criminal sexual abuse under Section
12-13 or 12-16 of the Criminal Code of 1961 results in
conviction of a defendant who was a family member of the
victim at the time of the commission of the offense, the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are
appropriate:
(A) the defendant is willing to undergo a
court approved counseling program for a minimum
duration of 2 years; or
(B) the defendant is willing to participate in
a court approved plan including but not limited to
the defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the
victim; and
(v) compliance with any other measures
that the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the
court finds, after considering the defendant's income and
assets, that the defendant is financially capable of
paying for such services, if the victim was under 18
years of age at the time the offense was committed and
requires counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members
or commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
12-12 of the Criminal Code of 1961.
(f) This Article shall not deprive a court in other
proceedings to order a forfeiture of property, to suspend or
cancel a license, to remove a person from office, or to
impose any other civil penalty.
(g) Whenever a defendant is convicted of an offense
under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961, the defendant
shall undergo medical testing to determine whether the
defendant has any sexually transmissible disease, including a
test for infection with human immunodeficiency virus (HIV) or
any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Any such medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily
fluids as well as an examination of the defendant's person.
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the
conviction was entered for the judge's inspection in camera.
Acting in accordance with the best interests of the victim
and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may
be revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested
by the victim, and if the victim is under the age of 15 and
if requested by the victim's parents or legal guardian, the
court shall notify the victim's parents or legal guardian of
the test results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results
of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when
possible. A State's Attorney may petition the court to obtain
the results of any HIV test administered under this Section,
and the court shall grant the disclosure if the State's
Attorney shows it is relevant in order to prosecute a charge
of criminal transmission of HIV under Section 12-16.2 of the
Criminal Code of 1961 against the defendant. The court shall
order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted
defendant.
(g-5) When an inmate is tested for an airborne
communicable disease, as determined by the Illinois
Department of Public Health including but not limited to
tuberculosis, the results of the test shall be personally
delivered by the warden or his or her designee in a sealed
envelope to the judge of the court in which the inmate must
appear for the judge's inspection in camera if requested by
the judge. Acting in accordance with the best interests of
those in the courtroom, the judge shall have the discretion
to determine what if any precautions need to be taken to
prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense
under Section 1 or 2 of the Hypodermic Syringes and Needles
Act, the defendant shall undergo medical testing to determine
whether the defendant has been exposed to human
immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the
conviction was entered for the judge's inspection in camera.
Acting in accordance with the best interests of the public,
the judge shall have the discretion to determine to whom, if
anyone, the results of the testing may be revealed. The court
shall notify the defendant of a positive test showing an
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing
are revealed and shall direct the State's Attorney to provide
the information to the victim when possible. A State's
Attorney may petition the court to obtain the results of any
HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it
is relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-16.2 of the Criminal
Code of 1961 against the defendant. The court shall order
that the cost of any such test shall be paid by the county
and may be taxed as costs against the convicted defendant.
(i) All fines and penalties imposed under this Section
for any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of
Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961, any violation of the
Illinois Controlled Substances Act, or any violation of the
Cannabis Control Act results in conviction, a disposition of
court supervision, or an order of probation granted under
Section 10 of the Cannabis Control Act or Section 410 of the
Illinois Controlled Substance Act of a defendant, the court
shall determine whether the defendant is employed by a
facility or center as defined under the Child Care Act of
1969, a public or private elementary or secondary school, or
otherwise works with children under 18 years of age on a
daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the
judgment of conviction or order of supervision or probation
to the defendant's employer by certified mail. If the
employer of the defendant is a school, the Clerk of the Court
shall direct the mailing of a copy of the judgment of
conviction or order of supervision or probation to the
appropriate regional superintendent of schools. The regional
superintendent of schools shall notify the State Board of
Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is
convicted of a felony and who has not been previously
convicted of a misdemeanor or felony and who is sentenced to
a term of imprisonment in the Illinois Department of
Corrections shall as a condition of his or her sentence be
required by the court to attend educational courses designed
to prepare the defendant for a high school diploma and to
work toward a high school diploma or to work toward passing
the high school level Test of General Educational Development
(GED) or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of the GED test. The Prisoner Review
Board shall revoke the mandatory supervised release of a
defendant who wilfully fails to comply with this subsection
(j-5) upon his or her release from confinement in a penal
institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the
defendant whose mandatory supervised release term has been
revoked under this subsection (j-5) as provided in Section
3-3-9. This subsection (j-5) does not apply to a defendant
who has a high school diploma or has successfully passed the
GED test. This subsection (j-5) does not apply to a defendant
who is determined by the court to be developmentally disabled
or otherwise mentally incapable of completing the educational
or vocational program.
(k) A court may not impose a sentence or disposition for
a felony or misdemeanor that requires the defendant to be
implanted or injected with or to use any form of birth
control.
(l) (A) Except as provided in paragraph (C) of
subsection (l), whenever a defendant, who is an alien as
defined by the Immigration and Nationality Act, is
convicted of any felony or misdemeanor offense, the court
after sentencing the defendant may, upon motion of the
State's Attorney, hold sentence in abeyance and remand
the defendant to the custody of the Attorney General of
the United States or his or her designated agent to be
deported when:
(1) a final order of deportation has been
issued against the defendant pursuant to proceedings
under the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of
justice.
Otherwise, the defendant shall be sentenced as
provided in this Chapter V.
(B) If the defendant has already been sentenced for
a felony or misdemeanor offense, or has been placed on
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act,
the court may, upon motion of the State's Attorney to
suspend the sentence imposed, commit the defendant to the
custody of the Attorney General of the United States or
his or her designated agent when:
(1) a final order of deportation has been
issued against the defendant pursuant to proceedings
under the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of
justice.
(C) This subsection (l) does not apply to offenders
who are subject to the provisions of paragraph (2) of
subsection (a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a
defendant sentenced under this Section returns to the
jurisdiction of the United States, the defendant shall be
recommitted to the custody of the county from which he or
she was sentenced. Thereafter, the defendant shall be
brought before the sentencing court, which may impose any
sentence that was available under Section 5-5-3 at the
time of initial sentencing. In addition, the defendant
shall not be eligible for additional good conduct credit
for meritorious service as provided under Section 3-6-6.
(m) A person convicted of criminal defacement of
property under Section 21-1.3 of the Criminal Code of 1961,
in which the property damage exceeds $300 and the property
damaged is a school building, shall be ordered to perform
community service that may include cleanup, removal, or
painting over the defacement.
(Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00;
91-663, eff. 12-22-99; 91-695, eff. 4-13-00; 91-953, eff.
2-23-01; 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; 92-283,
eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. 8-17-01;
92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698, eff.
7-19-02.)