093_HB0715sam001
SDS093 00025 LMT 00025 a
1 AMENDMENT TO HOUSE BILL 715
2 AMENDMENT NO. . Amend House Bill 715 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The State Finance Act is amended by adding
5 Section 5-595 as follows:
6 (30 ILCS 105/5.595)
7 Sec. 5.595. The Secretary of State Police DUI Fund.
8 Section 10. The Illinois Vehicle Code is amended by
9 changing Section 11-501 as follows:
10 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
11 Sec. 11-501. Driving while under the influence of
12 alcohol, other drug or drugs, intoxicating compound or
13 compounds or any combination thereof.
14 (a) A person shall not drive or be in actual physical
15 control of any vehicle within this State while:
16 (1) the alcohol concentration in the person's blood
17 or breath is 0.08 or more based on the definition of
18 blood and breath units in Section 11-501.2;
19 (2) under the influence of alcohol;
20 (3) under the influence of any intoxicating
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1 compound or combination of intoxicating compounds to a
2 degree that renders the person incapable of driving
3 safely;
4 (4) under the influence of any other drug or
5 combination of drugs to a degree that renders the person
6 incapable of safely driving;
7 (5) under the combined influence of alcohol, other
8 drug or drugs, or intoxicating compound or compounds to a
9 degree that renders the person incapable of safely
10 driving; or
11 (6) there is any amount of a drug, substance, or
12 compound in the person's breath, blood, or urine
13 resulting from the unlawful use or consumption of
14 cannabis listed in the Cannabis Control Act, a controlled
15 substance listed in the Illinois Controlled Substances
16 Act, or an intoxicating compound listed in the Use of
17 Intoxicating Compounds Act.
18 (b) The fact that any person charged with violating this
19 Section is or has been legally entitled to use alcohol, other
20 drug or drugs, or intoxicating compound or compounds, or any
21 combination thereof, shall not constitute a defense against
22 any charge of violating this Section.
23 (c) Except as provided under paragraphs (c-3), (c-4),
24 and (d) of this Section, every person convicted of violating
25 this Section or a similar provision of a local ordinance,
26 shall be guilty of a Class A misdemeanor and, in addition to
27 any other criminal or administrative action, for any second
28 conviction of violating this Section or a similar provision
29 of a law of another state or local ordinance committed within
30 5 years of a previous violation of this Section or a similar
31 provision of a local ordinance shall be mandatorily sentenced
32 to a minimum of 5 days of imprisonment or assigned to a
33 minimum of 30 days of community service as may be determined
34 by the court. Every person convicted of violating this
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1 Section or a similar provision of a local ordinance shall be
2 subject to an additional mandatory minimum fine of $500 and
3 an additional mandatory 5 days of community service in a
4 program benefiting children if the person committed a
5 violation of paragraph (a) or a similar provision of a local
6 ordinance while transporting a person under age 16. Every
7 person convicted a second time for violating this Section or
8 a similar provision of a local ordinance within 5 years of a
9 previous violation of this Section or a similar provision of
10 a law of another state or local ordinance shall be subject to
11 an additional mandatory minimum fine of $500 and an
12 additional 10 days of mandatory community service in a
13 program benefiting children if the current offense was
14 committed while transporting a person under age 16. The
15 imprisonment or assignment under this subsection shall not be
16 subject to suspension nor shall the person be eligible for
17 probation in order to reduce the sentence or assignment.
18 (c-1) (1) A person who violates this Section during a
19 period in which his or her driving privileges are revoked
20 or suspended, where the revocation or suspension was for
21 a violation of this Section, Section 11-501.1, paragraph
22 (b) of Section 11-401, or Section 9-3 of the Criminal
23 Code of 1961 is guilty of a Class 4 felony.
24 (2) A person who violates this Section a third time
25 during a period in which his or her driving privileges
26 are revoked or suspended where the revocation or
27 suspension was for a violation of this Section, Section
28 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
29 of the Criminal Code of 1961 is guilty of a Class 3
30 felony.
31 (3) A person who violates this Section a fourth or
32 subsequent time during a period in which his or her
33 driving privileges are revoked or suspended where the
34 revocation or suspension was for a violation of this
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1 Section, Section 11-501.1, paragraph (b) of Section
2 11-401, or Section 9-3 of the Criminal Code of 1961 is
3 guilty of a Class 2 felony.
4 (c-2) (Blank).
5 (c-3) Every person convicted of violating this Section
6 or a similar provision of a local ordinance who had a child
7 under age 16 in the vehicle at the time of the offense shall
8 have his or her punishment under this Act enhanced by 2 days
9 of imprisonment for a first offense, 10 days of imprisonment
10 for a second offense, 30 days of imprisonment for a third
11 offense, and 90 days of imprisonment for a fourth or
12 subsequent offense, in addition to the fine and community
13 service required under subsection (c) and the possible
14 imprisonment required under subsection (d). The imprisonment
15 or assignment under this subsection shall not be subject to
16 suspension nor shall the person be eligible for probation in
17 order to reduce the sentence or assignment.
18 (c-4) When a person is convicted of violating Section
19 11-501 of this Code or a similar provision of a local
20 ordinance, the following penalties apply when his or her
21 blood, breath, or urine was .16 or more based on the
22 definition of blood, breath, or urine units in Section
23 11-501.2 or when that person is convicted of violating this
24 Section while transporting a child under the age of 16:
25 (1) A person who is convicted of violating
26 subsection (a) of Section 11-501 of this Code a first
27 time, in addition to any other penalty that may be
28 imposed under subsection (c), is subject to a mandatory
29 minimum of 100 hours of community service and a minimum
30 fine of $500.
31 (2) A person who is convicted of violating
32 subsection (a) of Section 11-501 of this Code a second
33 time within 10 years, in addition to any other penalty
34 that may be imposed under subsection (c), is subject to a
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1 mandatory minimum of 2 days of imprisonment and a minimum
2 fine of $1,250.
3 (3) A person who is convicted of violating
4 subsection (a) of Section 11-501 of this Code a third
5 time within 20 years is guilty of a Class 4 felony and,
6 in addition to any other penalty that may be imposed
7 under subsection (c), is subject to a mandatory minimum
8 of 90 days of imprisonment and a minimum fine of $2,500.
9 (4) A person who is convicted of violating this
10 subsection (c-4) a fourth or subsequent time is guilty of
11 a Class 2 felony and, in addition to any other penalty
12 that may be imposed under subsection (c), is not eligible
13 for a sentence of probation or conditional discharge and
14 is subject to a minimum fine of $2,500.
15 (d) (1) Every person convicted of committing a violation
16 of this Section shall be guilty of aggravated driving
17 under the influence of alcohol, other drug or drugs, or
18 intoxicating compound or compounds, or any combination
19 thereof if:
20 (A) the person committed a violation of this
21 Section, or a similar provision of a law of another
22 state or a local ordinance when the cause of action
23 is the same as or substantially similar to this
24 Section, for the third or subsequent time;
25 (B) the person committed a violation of
26 paragraph (a) while driving a school bus with
27 children on board;
28 (C) the person in committing a violation of
29 paragraph (a) was involved in a motor vehicle
30 accident that resulted in great bodily harm or
31 permanent disability or disfigurement to another,
32 when the violation was a proximate cause of the
33 injuries;
34 (D) the person committed a violation of
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1 paragraph (a) for a second time and has been
2 previously convicted of violating Section 9-3 of the
3 Criminal Code of 1961 relating to reckless homicide
4 in which the person was determined to have been
5 under the influence of alcohol, other drug or drugs,
6 or intoxicating compound or compounds as an element
7 of the offense or the person has previously been
8 convicted under subparagraph (C) of this paragraph
9 (1); or
10 (E) the person, in committing a violation of
11 paragraph (a) while driving at any speed in a school
12 speed zone at a time when a speed limit of 20 miles
13 per hour was in effect under subsection (a) of
14 Section 11-605 of this Code, was involved in a motor
15 vehicle accident that resulted in bodily harm, other
16 than great bodily harm or permanent disability or
17 disfigurement, to another person, when the violation
18 of paragraph (a) was a proximate cause of the bodily
19 harm.
20 (2) Aggravated driving under the influence of
21 alcohol, other drug or drugs, or intoxicating compound or
22 compounds, or any combination thereof is a Class 4
23 felony. For a violation of subparagraph (C) of paragraph
24 (1) of this subsection (d), the defendant, if sentenced
25 to a term of imprisonment, shall be sentenced to not less
26 than one year nor more than 12 years. For any
27 prosecution under this subsection (d), a certified copy
28 of the driving abstract of the defendant shall be
29 admitted as proof of any prior conviction.
30 (e) After a finding of guilt and prior to any final
31 sentencing, or an order for supervision, for an offense based
32 upon an arrest for a violation of this Section or a similar
33 provision of a local ordinance, individuals shall be required
34 to undergo a professional evaluation to determine if an
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1 alcohol, drug, or intoxicating compound abuse problem exists
2 and the extent of the problem, and undergo the imposition of
3 treatment as appropriate. Programs conducting these
4 evaluations shall be licensed by the Department of Human
5 Services. The cost of any professional evaluation shall be
6 paid for by the individual required to undergo the
7 professional evaluation.
8 (f) Every person found guilty of violating this Section,
9 whose operation of a motor vehicle while in violation of this
10 Section proximately caused any incident resulting in an
11 appropriate emergency response, shall be liable for the
12 expense of an emergency response as provided under Section
13 5-5-3 of the Unified Code of Corrections.
14 (g) The Secretary of State shall revoke the driving
15 privileges of any person convicted under this Section or a
16 similar provision of a local ordinance.
17 (h) Every person sentenced under paragraph (2) or (3) of
18 subsection (c-1) of this Section or subsection (d) of this
19 Section and who receives a term of probation or conditional
20 discharge shall be required to serve a minimum term of either
21 60 days community service or 10 days of imprisonment as a
22 condition of the probation or conditional discharge. This
23 mandatory minimum term of imprisonment or assignment of
24 community service shall not be suspended and shall not be
25 subject to reduction by the court.
26 (i) The Secretary of State shall require the use of
27 ignition interlock devices on all vehicles owned by an
28 individual who has been convicted of a second or subsequent
29 offense of this Section or a similar provision of a local
30 ordinance. The Secretary shall establish by rule and
31 regulation the procedures for certification and use of the
32 interlock system.
33 (j) In addition to any other penalties and liabilities,
34 a person who is found guilty of or pleads guilty to violating
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1 this Section, including any person placed on court
2 supervision for violating this Section, shall be fined $100,
3 payable to the circuit clerk, who shall distribute the money
4 to the law enforcement agency that made the arrest. If the
5 person has been previously convicted of violating this
6 Section or a similar provision of a local ordinance, the fine
7 shall be $200. In the event that more than one agency is
8 responsible for the arrest, the $100 or $200 shall be shared
9 equally. Any moneys received by a law enforcement agency
10 under this subsection (j) shall be used to purchase law
11 enforcement equipment that will assist in the prevention of
12 alcohol related criminal violence throughout the State. This
13 shall include, but is not limited to, in-car video cameras,
14 radar and laser speed detection devices, and alcohol breath
15 testers. Any moneys received by the Department of State
16 Police under this subsection (j) shall be deposited into the
17 State Police DUI Fund and shall be used to purchase law
18 enforcement equipment that will assist in the prevention of
19 alcohol related criminal violence throughout the State.
20 (k) The Secretary of State Police DUI Fund is created as
21 a special fund in the State treasury. All moneys received by
22 the Secretary of State Police under subsection (j) of this
23 Section shall be deposited into the Secretary of State Police
24 DUI Fund and, subject to appropriation, shall be used to
25 purchase law enforcement equipment to assist in the
26 prevention of alcohol related criminal violence throughout
27 the State.
28 (Source: P.A. 91-126, eff. 7-16-99; 91-357, eff. 7-29-99;
29 91-692, eff. 4-13-00; 91-822, eff. 6-13-00; 92-248, eff.
30 8-3-01; 92-418, eff. 8-17-01; 92-420, eff. 8-17-01; 92-429,
31 eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.".