94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4139


 
Introduced 10/25/2005, by Rep. Harry R. Ramey, Jr.
 
SYNOPSIS AS INTRODUCED:
 		













625 ILCS 5/11-501
  from Ch. 95 1/2, par. 11-501








    Amends the Illinois Vehicle Code. Provides that the additional fine collected by the circuit clerk from any person convicted of DUI shall be used to purchase law enforcement equipment that will assist in the prevention of criminal violence, rather than alcohol related criminal violence, throughout the State. Effective immediately. 
















LRB094 14531 DRH 49468 b

















 


 


A BILL FOR









 











HB4139

LRB094 14531 DRH 49468 b






1
    AN ACT concerning transportation.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Vehicle Code is amended  by changing 
5
Section 11-501 as follows:
 
6
    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)

7
    (Text of Section from P.A. 93-1093)
8
    Sec. 11-501. Driving while under the influence of alcohol, 
9
other drug or
drugs, intoxicating compound or compounds or any 
10
combination thereof.

11
    (a) A person shall not drive or be in actual
physical 
12
control of any vehicle within this State while:


13
        (1) the alcohol concentration in the person's blood or 
14
    breath is 0.08
or more based on the definition of blood and 
15
    breath units in Section 11-501.2;


16
        (2) under the influence of alcohol;


17
        (3) under the influence of any intoxicating compound or 
18
    combination of
intoxicating compounds to a degree that 
19
    renders the person incapable of
driving safely;


20
        (4) under the influence of any other drug or 
21
    combination of drugs to a
degree that renders the person 
22
    incapable of safely driving;


23
        (5) under the combined influence of alcohol, other drug 
24
    or drugs, or
intoxicating compound or compounds to a degree 
25
    that renders the person
incapable of safely driving; or


26
        (6) there is any amount of a drug, substance, or 
27
    compound in the
person's breath, blood, or urine resulting 
28
    from the unlawful use or consumption
of cannabis listed in 
29
    the Cannabis Control Act, a controlled substance listed
in 
30
    the Illinois Controlled Substances Act, or an intoxicating 
31
    compound listed
in the Use of Intoxicating Compounds Act.


32
    (b) The fact that any person charged with violating this 
 


 






HB4139
- 2 -
LRB094 14531 DRH 49468 b




1
Section is or
has been legally entitled to use alcohol, other 
2
drug or drugs, or
intoxicating compound or compounds, or any

3
combination thereof,  shall not constitute a defense against any 
4
charge of
violating this Section.


5
    (b-1) With regard to penalties imposed under this Section:

6
        (1) Any reference to a prior violation of subsection 
7
    (a) or a similar
provision includes any violation of a 
8
    provision of a local ordinance or a
provision of a law of 
9
    another state that is similar to a violation of
subsection 
10
    (a) of this Section.

11
        (2) Any penalty imposed for driving with a license that 
12
    has been revoked
for a previous violation of subsection (a) 
13
    of this Section shall be in
addition to the penalty imposed 
14
    for any subsequent violation of subsection (a).

15
    (b-2) Except as otherwise provided in this Section, any 
16
person convicted of
violating subsection (a) of this Section is 
17
guilty of a Class A misdemeanor.

18
    (b-3) In addition to any other criminal or administrative 
19
sanction for any
second conviction of violating subsection (a) 
20
or a similar provision committed
within 5 years of a previous 
21
violation of subsection (a) or a similar
provision, the 
22
defendant shall be sentenced to a mandatory minimum of 5 days 
23
of
imprisonment or assigned a mandatory minimum of 240 hours of 
24
community service
as may be determined by the court.

25
    (b-4) In the case of a third or subsequent violation 
26
committed within 5
years of a previous violation of subsection 
27
(a) or a similar provision, in
addition to any other criminal 
28
or administrative sanction, a mandatory minimum
term of either 
29
10 days of imprisonment or 480 hours of community service shall

30
be imposed.

31
    (b-5) The imprisonment or assignment of community service 
32
under subsections
(b-3) and (b-4) shall not be subject to 
33
suspension, nor shall the person be
eligible for a reduced 
34
sentence.


35
    (c) (Blank).



36
    (c-1) (1) A person who violates subsection (a)

during
a 
 


 






HB4139
- 3 -
LRB094 14531 DRH 49468 b




1
    period in which his
or her driving privileges are revoked 
2
    or suspended, where the revocation or
suspension was for a 
3
    violation of subsection (a), Section
11-501.1, paragraph 
4
    (b)
of Section 11-401, or for reckless homicide as defined 
5
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

6
    Class 4 felony.


7
        (2) A person who violates subsection (a) a third
time, 
8
    if the third violation occurs during a period in
which his 
9
    or her driving privileges are revoked or suspended where 
10
    the
revocation
or suspension was for a violation of 
11
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
12
    11-401, or for reckless homicide as defined in Section 9-3

13
    of the Criminal Code of 1961, is guilty of
a Class 3 
14
    felony; and if the
person receives a term of
probation or 
15
    conditional discharge, he or she shall be required to serve 
16
    a
mandatory
minimum of 10 days of imprisonment or shall be 
17
    assigned a mandatory minimum of
480 hours of community 
18
    service, as may be determined by the court, as a
condition 
19
    of the probation or conditional discharge. This mandatory 
20
    minimum
term of imprisonment or assignment of community 
21
    service shall not be suspended
or reduced by the court.

22
        (2.2) A person who violates subsection (a), if the

23
    violation occurs during a period in which his or her 
24
    driving privileges are
revoked or suspended where the 
25
    revocation or suspension was for a violation of
subsection 
26
    (a) or Section 11-501.1, shall also be sentenced to an 
27
    additional
mandatory minimum term of 30 consecutive days of 
28
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
29
    720 hours of community service, as may be
determined by the 
30
    court.  This mandatory term of imprisonment or assignment of

31
    community service shall  not be suspended or reduced by the 
32
    court.


33
        (3) A person who violates subsection (a) a fourth or

34
    subsequent time, if the fourth or subsequent violation 
35
    occurs
during a period in which his
or her driving 
36
    privileges are revoked or suspended where the revocation
or 
 


 






HB4139
- 4 -
LRB094 14531 DRH 49468 b




1
    suspension was for a violation of subsection (a),
Section 
2
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
3
    homicide as defined in
Section 9-3
of
the Criminal Code of 
4
    1961, is guilty of
a Class 2 felony and is not eligible for 
5
    a sentence of probation or
conditional discharge.


6
    (c-2) (Blank).


7
    (c-3) (Blank).



8
    (c-4) (Blank).

9
    (c-5)(1) A person who violates subsection (a), if the 
10
    person was transporting
a person under the age of 16 at the 
11
    time of the violation, is subject to an
additional 
12
    mandatory minimum fine of $1,000, an additional mandatory 
13
    minimum
140 hours of community service, which shall include 
14
    40 hours of community
service in a program benefiting 
15
    children, and an additional 2 days of
imprisonment. The 
16
    imprisonment or assignment of community service under this 
17
    subdivision (c-5)(1) is not subject to suspension, nor is 
18
    the person eligible for
a reduced sentence.

19
        (2) Except as provided in subdivisions (c-5)(3) and 
20
    (c-5)(4) a person who
violates
subsection (a) a second 
21
    time, if at the time of
the second violation the person was 
22
    transporting a person under the age of 16,
is subject to an 
23
    additional 10 days of imprisonment, an additional 
24
    mandatory
minimum fine of $1,000, and an additional 
25
    mandatory minimum 140 hours of
community service, which 
26
    shall include 40 hours of community service in a
program 
27
    benefiting children.
The imprisonment or assignment of 
28
    community service under this subdivision (c-5)(2)

is not 
29
    subject to suspension, nor is the person eligible for a 
30
    reduced
sentence.

31
        (3) Except as provided in subdivision (c-5)(4), any 
32
    person convicted of
violating subdivision (c-5)(2) or a 
33
    similar
provision within 10 years of a previous violation 
34
    of subsection (a) or a
similar provision shall receive, in 
35
    addition to any other penalty imposed, a
mandatory minimum 
36
    12 days imprisonment, an additional 40 hours of mandatory

 


 






HB4139
- 5 -
LRB094 14531 DRH 49468 b




1
    community service in a program benefiting children, and a 
2
    mandatory minimum
fine of $1,750. The imprisonment or 
3
    assignment of community service under this subdivision 
4
    (c-5)(3) is not subject to suspension, nor is the person

5
    eligible for a reduced sentence.

6
        (4) Any person convicted of violating subdivision 
7
    (c-5)(2) or a similar
provision within 5 years of a 
8
    previous violation of subsection (a) or a similar
provision 
9
    shall receive, in addition to any other penalty imposed, an

10
    additional 80 hours of mandatory community service in a 
11
    program benefiting
children, an additional mandatory 
12
    minimum 12 days of imprisonment, and a
mandatory minimum 
13
    fine of $1,750. The imprisonment or assignment of community

14
    service under this subdivision (c-5)(4)

is not subject to 
15
    suspension, nor
is the
person eligible for a reduced 
16
    sentence.

17
        (5) Any person convicted a third time for violating 
18
    subsection (a) or a
similar provision, if at the time of 
19
    the third violation the person was
transporting a person 
20
    under the age of 16, is guilty of a Class 4 felony and 
21
    shall
receive, in addition to any other
penalty imposed, an 
22
    additional mandatory fine of $1,000, an additional

23
    mandatory 140 hours of community service, which shall 
24
    include 40 hours in a
program benefiting children, and a 
25
    mandatory minimum 30 days of imprisonment.
The 
26
    imprisonment or assignment of community service under this 
27
    subdivision (c-5)(5)

is not subject to suspension, nor is 
28
    the person eligible for a reduced
sentence.

29
        (6) Any person convicted of violating subdivision 
30
    (c-5)(5) or a similar
provision a third time within 20 
31
    years of a previous violation of subsection
(a) or a

32
    similar provision is guilty of a Class 4 felony and shall 
33
    receive, in addition
to any other penalty imposed, an 
34
    additional mandatory 40 hours of community
service in a 
35
    program benefiting children, an additional mandatory fine 
36
    of
$3,000, and a mandatory minimum 120 days of 
 


 






HB4139
- 6 -
LRB094 14531 DRH 49468 b




1
    imprisonment. The imprisonment or
assignment of community 
2
    service under this subdivision (c-5)(6) is not subject to

3
    suspension, nor is the person eligible for a reduced 
4
    sentence.

5
        (7) Any person convicted a fourth or subsequent time 
6
    for violating
subsection (a) or a similar provision, if at 
7
    the time of the fourth or
subsequent violation the person 
8
    was transporting a person under the age of 16,
and if the 
9
    person's 3 prior violations of subsection (a) or a
similar 
10
    provision
occurred while transporting a person under the 
11
    age of 16 or while the alcohol
concentration in his or her 
12
    blood, breath, or urine was 0.16 or more based
on the 
13
    definition of blood, breath, or urine units in Section 
14
    11-501.2, is
guilty of a Class 2 felony, is not eligible 
15
    for probation or conditional
discharge, and is subject to a 
16
    minimum fine of $3,000.

17
    (c-6)(1) Any person convicted of a first violation of 
18
    subsection (a) or a
similar provision, if the alcohol 
19
    concentration in his or her blood, breath, or
urine was 
20
    0.16 or more based on the definition of blood, breath, or 
21
    urine
units in Section 11-501.2, shall be subject, in 
22
    addition to any other penalty
that may be imposed, to a 
23
    mandatory minimum of 100 hours of community service
and a 
24
    mandatory minimum fine of $500.

25
        (2) Any person convicted of a second violation of 
26
    subsection (a) or a similar provision committed within 10 
27
    years of a previous violation of subsection (a) or a 
28
    similar provision, if at the time of the second violation 
29
    of subsection (a) or a similar provision the
alcohol 
30
    concentration in his or her blood, breath, or urine was 
31
    0.16 or more
based on the definition of blood, breath, or 
32
    urine units in Section 11-501.2,
shall be
subject, in 
33
    addition to any other penalty that may be imposed, to a 
34
    mandatory
minimum of 2 days of imprisonment and a mandatory 
35
    minimum fine of $1,250.

36
        (3) Any person convicted of a third violation of 
 


 






HB4139
- 7 -
LRB094 14531 DRH 49468 b




1
    subsection (a) or a
similar provision within 20 years of a 
2
    previous violation of subsection (a) or
a
similar 
3
    provision, if at the time of the third violation of 
4
    subsection (a) or a
similar provision the alcohol 
5
    concentration in his or her blood, breath, or
urine was 
6
    0.16 or more based on the definition of blood, breath, or 
7
    urine units
in Section 11-501.2, is guilty of a Class 4 
8
    felony and shall be subject, in
addition to any other 
9
    penalty that may be imposed, to a mandatory minimum of
90 
10
    days of imprisonment and a mandatory minimum fine of 
11
    $2,500.

12
        (4) Any person convicted of a fourth or subsequent 
13
    violation of
subsection
(a) or a similar provision, if at 
14
    the time of the fourth or subsequent
violation the alcohol 
15
    concentration in his or her blood, breath, or urine was

16
    0.16 or more based on the definition of blood, breath, or 
17
    urine units in
Section 11-501.2, and if the person's 3 
18
    prior violations of subsection (a) or a
similar provision 
19
    occurred while transporting a person under the age of 16 or

20
    while the alcohol concentration in his or her blood, 
21
    breath, or urine was 0.16
or more based on the definition 
22
    of blood, breath, or urine units in Section
11-501.2, is 
23
    guilty of a Class 2 felony and is not eligible for a 
24
    sentence of
probation or conditional discharge and is 
25
    subject to a minimum fine of
$2,500.


26
    (d) (1) Every person convicted of committing a violation of 
27
    this Section
shall be guilty of aggravated driving under 
28
    the influence of alcohol,
other drug or drugs, or 
29
    intoxicating compound or compounds, or any combination

30
    thereof if:


31
            (A) the person committed a violation of subsection 
32
        (a) or a similar
provision for the
third or subsequent 
33
        time;


34
            (B) the person committed a violation of subsection 
35
        (a)
while
driving a school bus with persons 18 years of 
36
        age or younger

on board;


 


 






HB4139
- 8 -
LRB094 14531 DRH 49468 b




1
            (C) the person in committing a violation of 
2
        subsection
(a) was
involved in a motor vehicle accident 
3
        that resulted in great bodily harm or
permanent 
4
        disability or disfigurement to another, when the 
5
        violation was
a proximate cause of the injuries;


6
            (D) the person committed a violation of subsection 
7
        (a)
for a
second time and has been previously convicted 
8
        of violating Section 9-3 of the
Criminal Code of 1961 
9
        or a similar provision of a law of another state 
10
        relating to reckless homicide in which the person was

11
        determined to have been under the influence of alcohol, 
12
        other drug or
drugs, or intoxicating compound or 
13
        compounds as an element of the offense or
the person 
14
        has previously been convicted
under subparagraph (C) 
15
        or subparagraph (F) of this paragraph (1);


16
            (E) the person, in committing a violation of 
17
        subsection (a) while
driving at any speed in a school 
18
        speed zone at a time when a speed limit of
20 miles per 
19
        hour was in effect under subsection (a) of Section 
20
        11-605 of
this Code, was involved in a motor vehicle 
21
        accident that resulted in bodily
harm, other than great 
22
        bodily harm or permanent disability or disfigurement,

23
        to another person, when the violation of subsection (a) 
24
        was a
proximate cause
of the bodily harm; or


25
            (F) the person, in committing a violation of 
26
        subsection (a), was
involved in a motor vehicle, 
27
        snowmobile, all-terrain vehicle, or watercraft

28
        accident that resulted in
the death of another person, 
29
        when the violation of subsection
(a) was
a proximate 
30
        cause of the death.


31
        (2) Except as provided in this paragraph (2), a person 
32
    convicted of
aggravated driving under
the
influence of 
33
    alcohol, other drug or
drugs,
or intoxicating compound or 
34
    compounds, or any
combination thereof is guilty of a Class 
35
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
36
    (1) of this subsection (d), the defendant, if sentenced to 
 


 






HB4139
- 9 -
LRB094 14531 DRH 49468 b




1
    a term
of imprisonment, shall be sentenced
to not less than

2
    one year nor more than 12 years.
Aggravated driving under 
3
    the influence of alcohol, other drug or drugs,
or 
4
    intoxicating compound or compounds, or any combination 
5
    thereof as
defined in subparagraph (F) of paragraph (1) of 
6
    this subsection (d) is
a Class 2 felony, for which the 
7
    defendant, if sentenced to a term of
imprisonment, shall be 
8
    sentenced to: (A) a
term of imprisonment of not less than 3 
9
    years and not more
than 14 years if the violation resulted 
10
    in the death of one person; or
(B) a term of imprisonment 
11
    of not less than 6 years and not
more than 28 years if the 
12
    violation resulted in the deaths of 2 or more
persons.
For 
13
    any prosecution under this subsection
(d), a certified copy 
14
    of the
driving abstract of the defendant shall be admitted 
15
    as proof of any prior
conviction.
Any person sentenced 
16
    under this subsection (d) who receives a term of
probation

17
    or conditional discharge must serve a minimum term of 
18
    either 480 hours of
community service or 10 days of 
19
    imprisonment as a condition of the probation or
conditional 
20
    discharge. This mandatory minimum term of imprisonment or

21
    assignment of community service may not be suspended or 
22
    reduced by the court.


23
    (e) After a finding of guilt and prior to any final 
24
sentencing, or an
order for supervision, for an offense based 
25
upon an arrest for a
violation of this Section or a similar 
26
provision of a local ordinance,
individuals shall be required 
27
to undergo a professional evaluation to
determine if an 
28
alcohol, drug, or intoxicating compound abuse problem exists

29
and the
extent of the problem, and undergo the imposition of 
30
treatment as appropriate.
Programs conducting these 
31
evaluations shall be
licensed by the Department of Human 
32
Services.  The cost of any professional
evaluation shall be paid 
33
for by the
individual
required to undergo the professional 
34
evaluation.


35
    (e-1) Any person who is found guilty of or pleads guilty to 
36
violating this
Section, including any person receiving a 
 


 






HB4139
- 10 -
LRB094 14531 DRH 49468 b




1
disposition of court supervision for
violating this Section, 
2
may be required by the Court to attend a victim
impact panel 
3
offered by, or under contract with, a County State's Attorney's

4
office, a probation and court services department, Mothers 
5
Against Drunk
Driving,
or the Alliance Against Intoxicated 
6
Motorists.
All costs generated by
the victim impact panel shall 
7
be paid from fees collected from the
offender or as may be 
8
determined by the court.


9
    (f) Every person found guilty of violating this Section, 
10
whose
operation of a motor vehicle while in violation of this 
11
Section proximately
caused any incident resulting in an 
12
appropriate emergency response, shall
be liable for the expense 
13
of an emergency response as provided under
Section 5-5-3 of the 
14
Unified Code of Corrections.


15
    (g) The Secretary of State shall revoke the driving 
16
privileges of any
person convicted under this Section or a 
17
similar provision of a local
ordinance.


18
    (h) (Blank).



19
    (i) The Secretary of State shall require the use of 
20
ignition interlock
devices on all vehicles owned by an 
21
individual who has been convicted of a
second
or subsequent 
22
offense of this Section or a similar provision of a local

23
ordinance.  The Secretary shall establish by rule and regulation 
24
the procedures
for certification and use of the interlock 
25
system.


26
    (j) In addition to any other penalties and liabilities, a 
27
person who is
found guilty of or pleads guilty to violating 
28
subsection (a), including any
person placed on court 
29
supervision for violating subsection (a), shall be fined
$500, 
30
payable to the
circuit clerk, who shall distribute the money as 
31
follows: 20% to the law enforcement agency
that made the arrest 
32
and 80% shall be forwarded to the State Treasurer for deposit 
33
into the General Revenue Fund.  If the person has been 
34
previously convicted of violating
subsection (a) or a similar 
35
provision of a local
ordinance, the fine shall be
$1,000.  In 
36
the event that more than one agency is responsible
for the 
 


 






HB4139
- 11 -
LRB094 14531 DRH 49468 b




1
arrest, the amount payable to law enforcement agencies  shall be 
2
shared equally.  Any moneys received
by a law
enforcement agency 
3
under this subsection (j) shall be used to purchase law

4
enforcement equipment that will assist in the prevention of 
5
alcohol related
criminal violence throughout the State.  This 
6
shall include, but is not limited
to, in-car video cameras, 
7
radar and laser speed detection devices, and alcohol
breath 
8
testers.
Any moneys received by the Department of State Police 
9
under this subsection
(j) shall be deposited into the State 
10
Police DUI Fund and shall be used to
purchase law enforcement 
11
equipment that will assist in the prevention of
alcohol related 
12
criminal violence throughout the State.


13
    (k) The Secretary of State Police DUI Fund is created as a 
14
special
fund in the State treasury. All moneys received by the 
15
Secretary of State
Police under subsection (j) of this Section 
16
shall be deposited into the
Secretary of State Police DUI Fund 
17
and, subject to appropriation, shall be
used to purchase law 
18
enforcement equipment to assist in the prevention of
alcohol 
19
related criminal violence throughout the State.


20
    (l) Whenever an individual is sentenced for an offense 
21
based upon an
arrest for a violation of subsection (a) or a 
22
similar provision of a local
ordinance, and the professional 
23
evaluation recommends remedial or
rehabilitative treatment or 
24
education, neither the treatment nor the education
shall be the 
25
sole disposition and either or both may be imposed only in

26
conjunction with another disposition. The court shall monitor 
27
compliance with
any remedial education or treatment 
28
recommendations contained in the
professional evaluation. 
29
Programs conducting alcohol or other drug evaluation
or 
30
remedial education must be licensed by the Department of Human 
31
Services. If
the individual is not a resident of Illinois, 
32
however, the court may accept an
alcohol or other drug 
33
evaluation or remedial education program in the
individual's 
34
state of residence.  Programs providing treatment must be 
35
licensed
under existing applicable alcoholism and drug 
36
treatment licensure standards.

 


 






HB4139
- 12 -
LRB094 14531 DRH 49468 b




1
    (m) In addition to any other fine or penalty required by 
2
law, an individual
convicted of a violation of subsection (a), 
3
Section 5-7 of the Snowmobile
Registration and Safety Act, 
4
Section 5-16 of the Boat Registration and Safety
Act, or a 
5
similar provision, whose operation of a motor vehicle, 
6
snowmobile, or
watercraft while in
violation of subsection (a), 
7
Section 5-7 of the Snowmobile Registration and
Safety Act, 
8
Section 5-16 of the Boat Registration and Safety Act, or a 
9
similar
provision proximately caused an incident resulting in 
10
an appropriate emergency
response, shall be required to make 
11
restitution to a public agency for the
costs of that emergency 
12
response. The restitution may not exceed $1,000 per
public 
13
agency for each emergency response. As used in this subsection 
14
(m),
"emergency response" means any incident requiring a 
15
response by a police
officer, a firefighter carried on the 
16
rolls of a regularly constituted fire
department, or an 
17
ambulance.


18
(Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; 
19
92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; 
20
92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff. 
21
7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, 
22
eff. 1-1-05; 93-840, eff. 7-30-04; 93-1093, eff. 3-29-05.)

 
23
    (Text of Section from P.A. 94-110)
24
    Sec. 11-501. Driving while under the influence of alcohol, 
25
other drug or
drugs, intoxicating compound or compounds or any 
26
combination thereof.

27
    (a) A person shall not drive or be in actual
physical 
28
control of any vehicle within this State while:


29
        (1) the alcohol concentration in the person's blood or 
30
    breath is 0.08
or more based on the definition of blood and 
31
    breath units in Section 11-501.2;


32
        (2) under the influence of alcohol;


33
        (3) under the influence of any intoxicating compound or 
34
    combination of
intoxicating compounds to a degree that 
35
    renders the person incapable of
driving safely;


 


 






HB4139
- 13 -
LRB094 14531 DRH 49468 b




1
        (4) under the influence of any other drug or 
2
    combination of drugs to a
degree that renders the person 
3
    incapable of safely driving;


4
        (5) under the combined influence of alcohol, other drug 
5
    or drugs, or
intoxicating compound or compounds to a degree 
6
    that renders the person
incapable of safely driving; or


7
        (6) there is any amount of a drug, substance, or 
8
    compound in the
person's breath, blood, or urine resulting 
9
    from the unlawful use or consumption
of cannabis listed in 
10
    the Cannabis Control Act, a controlled substance listed
in 
11
    the Illinois Controlled Substances Act, or an intoxicating 
12
    compound listed
in the Use of Intoxicating Compounds Act.


13
    (b) The fact that any person charged with violating this 
14
Section is or
has been legally entitled to use alcohol, other 
15
drug or drugs, or
intoxicating compound or compounds, or any

16
combination thereof,  shall not constitute a defense against any 
17
charge of
violating this Section.


18
    (b-1) With regard to penalties imposed under this Section:

19
        (1) Any reference to a prior violation of subsection 
20
    (a) or a similar
provision includes any violation of a 
21
    provision of a local ordinance or a
provision of a law of 
22
    another state that is similar to a violation of
subsection 
23
    (a) of this Section.

24
        (2) Any penalty imposed for driving with a license that 
25
    has been revoked
for a previous violation of subsection (a) 
26
    of this Section shall be in
addition to the penalty imposed 
27
    for any subsequent violation of subsection (a).

28
    (b-2) Except as otherwise provided in this Section, any 
29
person convicted of
violating subsection (a) of this Section is 
30
guilty of a Class A misdemeanor.

31
    (b-3) In addition to any other criminal or administrative 
32
sanction for any
second conviction of violating subsection (a) 
33
or a similar provision committed
within 5 years of a previous 
34
violation of subsection (a) or a similar
provision, the 
35
defendant shall be sentenced to a mandatory minimum of 5 days 
36
of
imprisonment or assigned a mandatory minimum of 240 hours of 
 


 






HB4139
- 14 -
LRB094 14531 DRH 49468 b




1
community service
as may be determined by the court.

2
    (b-4) In the case of a third or subsequent violation 
3
committed within 5
years of a previous violation of subsection 
4
(a) or a similar provision, in
addition to any other criminal 
5
or administrative sanction, a mandatory minimum
term of either 
6
10 days of imprisonment or 480 hours of community service shall

7
be imposed.

8
    (b-5) The imprisonment or assignment of community service 
9
under subsections
(b-3) and (b-4) shall not be subject to 
10
suspension, nor shall the person be
eligible for a reduced 
11
sentence.


12
    (c) (Blank).



13
    (c-1) (1) A person who violates subsection (a)

during
a 
14
    period in which his
or her driving privileges are revoked 
15
    or suspended, where the revocation or
suspension was for a 
16
    violation of subsection (a), Section
11-501.1, paragraph 
17
    (b)
of Section 11-401, or for reckless homicide as defined 
18
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

19
    Class 4 felony.


20
        (2) A person who violates subsection (a) a third
time, 
21
    if the third violation occurs during a period in
which his 
22
    or her driving privileges are revoked or suspended where 
23
    the
revocation
or suspension was for a violation of 
24
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
25
    11-401, or for reckless homicide as defined in Section 9-3

26
    of the Criminal Code of 1961, is guilty of
a Class 3 
27
    felony; and if the
person receives a term of
probation or 
28
    conditional discharge, he or she shall be required to serve 
29
    a
mandatory
minimum of 10 days of imprisonment or shall be 
30
    assigned a mandatory minimum of
480 hours of community 
31
    service, as may be determined by the court, as a
condition 
32
    of the probation or conditional discharge. This mandatory 
33
    minimum
term of imprisonment or assignment of community 
34
    service shall not be suspended
or reduced by the court.

35
        (2.2) A person who violates subsection (a), if the

36
    violation occurs during a period in which his or her 
 


 






HB4139
- 15 -
LRB094 14531 DRH 49468 b




1
    driving privileges are
revoked or suspended where the 
2
    revocation or suspension was for a violation of
subsection 
3
    (a) or Section 11-501.1, shall also be sentenced to an 
4
    additional
mandatory minimum term of 30 consecutive days of 
5
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
6
    720 hours of community service, as may be
determined by the 
7
    court.  This mandatory term of imprisonment or assignment of

8
    community service shall  not be suspended or reduced by the 
9
    court.


10
        (3) A person who violates subsection (a) a fourth or

11
    subsequent time, if the fourth or subsequent violation 
12
    occurs
during a period in which his
or her driving 
13
    privileges are revoked or suspended where the revocation
or 
14
    suspension was for a violation of subsection (a),
Section 
15
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
16
    homicide as defined in
Section 9-3
of
the Criminal Code of 
17
    1961, is guilty of
a Class 2 felony and is not eligible for 
18
    a sentence of probation or
conditional discharge.


19
    (c-2) (Blank).


20
    (c-3) (Blank).



21
    (c-4) (Blank).

22
    (c-5) Except as provided in subsection (c-5.1), a person 21 
23
years of age or older who violates subsection (a), if the 
24
person was transporting
a person under the age of 16 at the 
25
time of the violation, is subject to 6 months of imprisonment, 
26
an
additional mandatory minimum fine of $1,000, and 25 days of 
27
community service in a program benefiting children. The 
28
imprisonment or assignment of community service under this

29
subsection (c-5) is not subject to suspension, nor is the 
30
person eligible for
a reduced sentence.

31
    (c-5.1) A person 21 years of age or older who is convicted 
32
of violating subsection (a) of this Section
a
first time and 
33
who in committing that violation was involved in a motor 
34
vehicle
accident that resulted in bodily harm to the child 
35
under the age of 16 being
transported by the person, if the 
36
violation was the proximate cause of the
injury, is guilty of a 
 


 






HB4139
- 16 -
LRB094 14531 DRH 49468 b




1
Class 4 felony and is subject to one year of
imprisonment,
a 
2
mandatory fine of $2,500, and 25 days of community service in a 
3
program
benefiting children. The imprisonment or assignment to 
4
community service under
this subsection (c-5.1) shall not be 
5
subject to suspension, nor shall the person be
eligible for 
6
probation in order to reduce the sentence or assignment.

7
    (c-6) Except as provided in subsections (c-7) and (c-7.1), 
8
a person 21 years of age or older who
violates
subsection (a) a 
9
second time, if at the time of
the second violation the person 
10
was transporting a person under the age of 16,
is subject to 6 
11
months of imprisonment, an additional mandatory
minimum fine of 
12
$1,000, and an additional mandatory minimum 140 hours of

13
community service, which shall include 40 hours of community 
14
service in a
program benefiting children.
The imprisonment or 
15
assignment of community service under this subsection (c-6)
is 
16
not subject to suspension, nor is the person eligible for a 
17
reduced
sentence.

18
    (c-7) Except as provided in subsection (c-7.1), any person 
19
21 years of age or older convicted of
violating subsection 
20
(c-6) or a similar
provision within 10 years of a previous 
21
violation of subsection (a) or a
similar provision is guilty of 
22
a Class 4 felony and, in addition to any other penalty imposed, 
23
is subject to one year of

imprisonment, 25 days of mandatory

24
community service in a program benefiting children, and a 
25
mandatory
fine of $2,500. The imprisonment or assignment of 
26
community service under this
subsection (c-7) is not subject to 
27
suspension, nor is the person
eligible for a reduced sentence.

28
    (c-7.1) A person 21 years of age or older who is convicted 
29
of violating subsection (a) of this Section
a
second time 
30
within 10 years and who in committing that violation was 
31
involved
in a motor vehicle accident that resulted in bodily 
32
harm to the child under the
age of 16 being transported, if the 
33
violation was the proximate cause of the
injury, is guilty of a 
34
Class 4 felony and is subject to 18 months of
imprisonment, a

35
mandatory fine of $5,000, and 25 days of community service in a 
36
program
benefiting
children. The imprisonment or assignment to 
 


 






HB4139
- 17 -
LRB094 14531 DRH 49468 b




1
community service under this
subsection
(c-7.1) shall not be 
2
subject to suspension, nor shall the person be eligible for

3
probation in order
to reduce the sentence or assignment.

4
    (c-8) (Blank).

5
    (c-9)  Any person 21 years of age or older convicted a third 
6
time for violating subsection (a) or a
similar provision, if at 
7
the time of the third violation the person was
transporting a 
8
person under the age of 16, is guilty of a Class 4 felony and is 
9
subject to 18 months of imprisonment, a mandatory fine of 
10
$2,500, and 25 days  of community service in a
program 
11
benefiting children.
The imprisonment or assignment of 
12
community service under this subsection (c-9)
is not subject to 
13
suspension, nor is the person eligible for a reduced
sentence.

14
    (c-10) Any person 21 years of age or older convicted of 
15
violating subsection (c-9) or a similar
provision a third time 
16
within 20 years of a previous violation of subsection
(a) or a

17
similar provision is guilty of a Class 3 felony and, in 
18
addition
to any other penalty imposed, is subject to 3 years of 
19
imprisonment, 25 days of community
service in a program 
20
benefiting children, and a mandatory fine of
$25,000. The 
21
imprisonment or
assignment of community service under this 
22
subsection (c-10) is not subject to
suspension, nor is the 
23
person eligible for a reduced sentence.

24
    (c-11) Any person 21 years of age or older convicted a 
25
fourth or subsequent time for violating
subsection (a) or a 
26
similar provision, if at the time of the fourth or
subsequent 
27
violation the person was transporting a person under the age of 
28
16,
and if the person's 3 prior violations of subsection (a) or 
29
a similar provision
occurred while transporting a person under 
30
the age of 16 or while the alcohol
concentration in his or her 
31
blood, breath, or urine was 0.16 or more based
on the 
32
definition of blood, breath, or urine units in Section 
33
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
34
probation or conditional
discharge, and is subject to a minimum 
35
fine of $25,000.

36
    (c-12) Any person convicted of a first violation of 
 


 






HB4139
- 18 -
LRB094 14531 DRH 49468 b




1
subsection (a) or a
similar provision, if the alcohol 
2
concentration in his or her blood, breath, or
urine was 0.16 or 
3
more based on the definition of blood, breath, or urine
units 
4
in Section 11-501.2, shall be subject, in addition to any other 
5
penalty
that may be imposed, to a mandatory minimum of 100 
6
hours of community service
and a mandatory minimum fine of 
7
$500.

8
    (c-13) Any person convicted of a second violation of 
9
subsection (a) or a similar provision committed within 10 years 
10
of a previous violation of subsection (a) or a similar 
11
provision, if at the time of the second violation of subsection 
12
(a) or a similar provision the
alcohol concentration in his or 
13
her blood, breath, or urine was 0.16 or more
based on the 
14
definition of blood, breath, or urine units in Section 
15
11-501.2,
shall be
subject, in addition to any other penalty 
16
that may be imposed, to a mandatory
minimum of 2 days of 
17
imprisonment and a mandatory minimum fine of $1,250.

18
    (c-14) Any person convicted of a third violation of 
19
subsection (a) or a
similar provision within 20 years of a 
20
previous violation of subsection (a) or
a
similar provision, if 
21
at the time of the third violation of subsection (a) or a

22
similar provision the alcohol concentration in his or her 
23
blood, breath, or
urine was 0.16 or more based on the 
24
definition of blood, breath, or urine units
in Section 
25
11-501.2, is guilty of a Class 4 felony and shall be subject, 
26
in
addition to any other penalty that may be imposed, to a 
27
mandatory minimum of
90 days of imprisonment and a mandatory 
28
minimum fine of $2,500.

29
    (c-15) Any person convicted of a fourth or subsequent 
30
violation of
subsection
(a) or a similar provision, if at the 
31
time of the fourth or subsequent
violation the alcohol 
32
concentration in his or her blood, breath, or urine was
0.16 or 
33
more based on the definition of blood, breath, or urine units 
34
in
Section 11-501.2, and if the person's 3 prior violations of 
35
subsection (a) or a
similar provision occurred while 
36
transporting a person under the age of 16 or
while the alcohol 
 


 






HB4139
- 19 -
LRB094 14531 DRH 49468 b




1
concentration in his or her blood, breath, or urine was 0.16
or 
2
more based on the definition of blood, breath, or urine units 
3
in Section
11-501.2, is guilty of a Class 2 felony and is not 
4
eligible for a sentence of
probation or conditional discharge 
5
and is subject to a minimum fine of
$2,500.


6
    (d) (1) Every person convicted of committing a violation of 
7
    this Section
shall be guilty of aggravated driving under 
8
    the influence of alcohol,
other drug or drugs, or 
9
    intoxicating compound or compounds, or any combination

10
    thereof if:


11
            (A) the person committed a violation of subsection 
12
        (a) or a similar
provision for the
third or subsequent 
13
        time;


14
            (B) the person committed a violation of subsection 
15
        (a)
while
driving a school bus with persons 18 years of 
16
        age or younger

on board;


17
            (C) the person in committing a violation of 
18
        subsection
(a) was
involved in a motor vehicle accident 
19
        that resulted in great bodily harm or
permanent 
20
        disability or disfigurement to another, when the 
21
        violation was
a proximate cause of the injuries;


22
            (D) the person committed a violation of subsection 
23
        (a)
for a
second time and has been previously convicted 
24
        of violating Section 9-3 of the
Criminal Code of 1961 
25
        or a similar provision of a law of another state 
26
        relating to reckless homicide in which the person was

27
        determined to have been under the influence of alcohol, 
28
        other drug or
drugs, or intoxicating compound or 
29
        compounds as an element of the offense or
the person 
30
        has previously been convicted
under subparagraph (C) 
31
        or subparagraph (F) of this paragraph (1);


32
            (E) the person, in committing a violation of 
33
        subsection (a) while
driving at any speed in a school 
34
        speed zone at a time when a speed limit of
20 miles per 
35
        hour was in effect under subsection (a) of Section 
36
        11-605 of
this Code, was involved in a motor vehicle 
 


 






HB4139
- 20 -
LRB094 14531 DRH 49468 b




1
        accident that resulted in bodily
harm, other than great 
2
        bodily harm or permanent disability or disfigurement,

3
        to another person, when the violation of subsection (a) 
4
        was a
proximate cause
of the bodily harm; or


5
            (F) the person, in committing a violation of 
6
        subsection (a), was
involved in a motor vehicle, 
7
        snowmobile, all-terrain vehicle, or watercraft

8
        accident that resulted in
the death of another person, 
9
        when the violation of subsection
(a) was
a proximate 
10
        cause of the death.


11
        (2) Except as provided in this paragraph (2), a person 
12
    convicted of
aggravated driving under
the
influence of 
13
    alcohol, other drug or
drugs,
or intoxicating compound or 
14
    compounds, or any
combination thereof is guilty of a Class 
15
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
16
    (1) of this subsection (d), the defendant, if sentenced to 
17
    a term
of imprisonment, shall be sentenced
to not less than

18
    one year nor more than 12 years.
Aggravated driving under 
19
    the influence of alcohol, other drug or drugs,
or 
20
    intoxicating compound or compounds, or any combination 
21
    thereof as
defined in subparagraph (F) of paragraph (1) of 
22
    this subsection (d) is
a Class 2 felony, for which the 
23
    defendant, if sentenced to a term of
imprisonment, shall be 
24
    sentenced to: (A) a
term of imprisonment of not less than 3 
25
    years and not more
than 14 years if the violation resulted 
26
    in the death of one person; or
(B) a term of imprisonment 
27
    of not less than 6 years and not
more than 28 years if the 
28
    violation resulted in the deaths of 2 or more
persons.
For 
29
    any prosecution under this subsection
(d), a certified copy 
30
    of the
driving abstract of the defendant shall be admitted 
31
    as proof of any prior
conviction.
Any person sentenced 
32
    under this subsection (d) who receives a term of
probation

33
    or conditional discharge must serve a minimum term of 
34
    either 480 hours of
community service or 10 days of 
35
    imprisonment as a condition of the probation or
conditional 
36
    discharge. This mandatory minimum term of imprisonment or

 


 






HB4139
- 21 -
LRB094 14531 DRH 49468 b




1
    assignment of community service may not be suspended or 
2
    reduced by the court.


3
    (e) After a finding of guilt and prior to any final 
4
sentencing, or an
order for supervision, for an offense based 
5
upon an arrest for a
violation of this Section or a similar 
6
provision of a local ordinance,
individuals shall be required 
7
to undergo a professional evaluation to
determine if an 
8
alcohol, drug, or intoxicating compound abuse problem exists

9
and the
extent of the problem, and undergo the imposition of 
10
treatment as appropriate.
Programs conducting these 
11
evaluations shall be
licensed by the Department of Human 
12
Services.  The cost of any professional
evaluation shall be paid 
13
for by the
individual
required to undergo the professional 
14
evaluation.


15
    (e-1) Any person who is found guilty of or pleads guilty to 
16
violating this
Section, including any person receiving a 
17
disposition of court supervision for
violating this Section, 
18
may be required by the Court to attend a victim
impact panel 
19
offered by, or under contract with, a County State's Attorney's

20
office, a probation and court services department, Mothers 
21
Against Drunk
Driving,
or the Alliance Against Intoxicated 
22
Motorists.
All costs generated by
the victim impact panel shall 
23
be paid from fees collected from the
offender or as may be 
24
determined by the court.


25
    (f) Every person found guilty of violating this Section, 
26
whose
operation of a motor vehicle while in violation of this 
27
Section proximately
caused any incident resulting in an 
28
appropriate emergency response, shall
be liable for the expense 
29
of an emergency response as provided under
Section 5-5-3 of the 
30
Unified Code of Corrections.


31
    (g) The Secretary of State shall revoke the driving 
32
privileges of any
person convicted under this Section or a 
33
similar provision of a local
ordinance.


34
    (h) (Blank).



35
    (i) The Secretary of State shall require the use of 
36
ignition interlock
devices on all vehicles owned by an 
 


 






HB4139
- 22 -
LRB094 14531 DRH 49468 b




1
individual who has been convicted of a
second
or subsequent 
2
offense of this Section or a similar provision of a local

3
ordinance.  The Secretary shall establish by rule and regulation 
4
the procedures
for certification and use of the interlock 
5
system.


6
    (j) In addition to any other penalties and liabilities, a 
7
person who is
found guilty of or pleads guilty to violating 
8
subsection (a), including any
person placed on court 
9
supervision for violating subsection (a), shall be fined
$500, 
10
payable to the
circuit clerk, who shall distribute the money as 
11
follows: 20% to the law enforcement agency
that made the arrest 
12
and 80% shall be forwarded to the State Treasurer for deposit 
13
into the General Revenue Fund.  If the person has been 
14
previously convicted of violating
subsection (a) or a similar 
15
provision of a local
ordinance, the fine shall be
$1,000.  In 
16
the event that more than one agency is responsible
for the 
17
arrest, the amount payable to law enforcement agencies  shall be 
18
shared equally.  Any moneys received
by a law
enforcement agency 
19
under this subsection (j) shall be used to purchase law

20
enforcement equipment that will assist in the prevention of 
21
alcohol related
criminal violence throughout the State.  This 
22
shall include, but is not limited
to, in-car video cameras, 
23
radar and laser speed detection devices, and alcohol
breath 
24
testers.
Any moneys received by the Department of State Police 
25
under this subsection
(j) shall be deposited into the State 
26
Police DUI Fund and shall be used to
purchase law enforcement 
27
equipment that will assist in the prevention of
alcohol related 
28
criminal violence throughout the State.


29
    (k) The Secretary of State Police DUI Fund is created as a 
30
special
fund in the State treasury. All moneys received by the 
31
Secretary of State
Police under subsection (j) of this Section 
32
shall be deposited into the
Secretary of State Police DUI Fund 
33
and, subject to appropriation, shall be
used to purchase law 
34
enforcement equipment to assist in the prevention of
alcohol 
35
related criminal violence throughout the State.


36
    (l) Whenever an individual is sentenced for an offense 
 


 






HB4139
- 23 -
LRB094 14531 DRH 49468 b




1
based upon an
arrest for a violation of subsection (a) or a 
2
similar provision of a local
ordinance, and the professional 
3
evaluation recommends remedial or
rehabilitative treatment or 
4
education, neither the treatment nor the education
shall be the 
5
sole disposition and either or both may be imposed only in

6
conjunction with another disposition. The court shall monitor 
7
compliance with
any remedial education or treatment 
8
recommendations contained in the
professional evaluation. 
9
Programs conducting alcohol or other drug evaluation
or 
10
remedial education must be licensed by the Department of Human 
11
Services. If
the individual is not a resident of Illinois, 
12
however, the court may accept an
alcohol or other drug 
13
evaluation or remedial education program in the
individual's 
14
state of residence.  Programs providing treatment must be 
15
licensed
under existing applicable alcoholism and drug 
16
treatment licensure standards.

17
    (m) In addition to any other fine or penalty required by 
18
law, an individual
convicted of a violation of subsection (a), 
19
Section 5-7 of the Snowmobile
Registration and Safety Act, 
20
Section 5-16 of the Boat Registration and Safety
Act, or a 
21
similar provision, whose operation of a motor vehicle, 
22
snowmobile, or
watercraft while in
violation of subsection (a), 
23
Section 5-7 of the Snowmobile Registration and
Safety Act, 
24
Section 5-16 of the Boat Registration and Safety Act, or a 
25
similar
provision proximately caused an incident resulting in 
26
an appropriate emergency
response, shall be required to make 
27
restitution to a public agency for the
costs of that emergency 
28
response. The restitution may not exceed $1,000 per
public 
29
agency for each emergency response. As used in this subsection 
30
(m),
"emergency response" means any incident requiring a 
31
response by a police
officer, a firefighter carried on the 
32
rolls of a regularly constituted fire
department, or an 
33
ambulance.


34
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
35
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
36
93-840, eff. 7-30-04; 94-110, eff. 1-1-06.)

 
 


 






HB4139
- 24 -
LRB094 14531 DRH 49468 b




1
    (Text of Section from P.A. 94-113)
2
    Sec. 11-501. Driving while under the influence of alcohol, 
3
other drug or
drugs, intoxicating compound or compounds or any 
4
combination thereof.

5
    (a) A person shall not drive or be in actual
physical 
6
control of any vehicle within this State while:


7
        (1) the alcohol concentration in the person's blood or 
8
    breath is 0.08
or more based on the definition of blood and 
9
    breath units in Section 11-501.2;


10
        (2) under the influence of alcohol;


11
        (3) under the influence of any intoxicating compound or 
12
    combination of
intoxicating compounds to a degree that 
13
    renders the person incapable of
driving safely;


14
        (4) under the influence of any other drug or 
15
    combination of drugs to a
degree that renders the person 
16
    incapable of safely driving;


17
        (5) under the combined influence of alcohol, other drug 
18
    or drugs, or
intoxicating compound or compounds to a degree 
19
    that renders the person
incapable of safely driving; or


20
        (6) there is any amount of a drug, substance, or 
21
    compound in the
person's breath, blood, or urine resulting 
22
    from the unlawful use or consumption
of cannabis listed in 
23
    the Cannabis Control Act, a controlled substance listed
in 
24
    the Illinois Controlled Substances Act, or an intoxicating 
25
    compound listed
in the Use of Intoxicating Compounds Act.


26
    (b) The fact that any person charged with violating this 
27
Section is or
has been legally entitled to use alcohol, other 
28
drug or drugs, or
intoxicating compound or compounds, or any

29
combination thereof,  shall not constitute a defense against any 
30
charge of
violating this Section.


31
    (b-1) With regard to penalties imposed under this Section:

32
        (1) Any reference to a prior violation of subsection 
33
    (a) or a similar
provision includes any violation of a 
34
    provision of a local ordinance or a
provision of a law of 
35
    another state that is similar to a violation of
subsection 
 


 






HB4139
- 25 -
LRB094 14531 DRH 49468 b




1
    (a) of this Section.

2
        (2) Any penalty imposed for driving with a license that 
3
    has been revoked
for a previous violation of subsection (a) 
4
    of this Section shall be in
addition to the penalty imposed 
5
    for any subsequent violation of subsection (a).

6
    (b-2) Except as otherwise provided in this Section, any 
7
person convicted of
violating subsection (a) of this Section is 
8
guilty of a Class A misdemeanor.

9
    (b-3) In addition to any other criminal or administrative 
10
sanction for any
second conviction of violating subsection (a) 
11
or a similar provision committed
within 5 years of a previous 
12
violation of subsection (a) or a similar
provision, the 
13
defendant shall be sentenced to a mandatory minimum of 5 days 
14
of
imprisonment or assigned a mandatory minimum of 240 hours of 
15
community service
as may be determined by the court.

16
    (b-4) In the case of a third or subsequent violation 
17
committed within 5
years of a previous violation of subsection 
18
(a) or a similar provision, in
addition to any other criminal 
19
or administrative sanction, a mandatory minimum
term of either 
20
10 days of imprisonment or 480 hours of community service shall

21
be imposed.

22
    (b-5) The imprisonment or assignment of community service 
23
under subsections
(b-3) and (b-4) shall not be subject to 
24
suspension, nor shall the person be
eligible for a reduced 
25
sentence.


26
    (c) (Blank).



27
    (c-1) (1) A person who violates subsection (a)

during
a 
28
    period in which his
or her driving privileges are revoked 
29
    or suspended, where the revocation or
suspension was for a 
30
    violation of subsection (a), Section
11-501.1, paragraph 
31
    (b)
of Section 11-401, or for reckless homicide as defined 
32
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

33
    Class 4 felony.


34
        (2) A person who violates subsection (a) a third
time, 
35
    if the third violation occurs during a period in
which his 
36
    or her driving privileges are revoked or suspended where 
 


 






HB4139
- 26 -
LRB094 14531 DRH 49468 b




1
    the
revocation
or suspension was for a violation of 
2
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
3
    11-401, or for reckless homicide as defined in Section 9-3

4
    of the Criminal Code of 1961, is guilty of
a Class 3 
5
    felony.
6
        (2.1) A person who violates subsection (a) a third 
7
    time, if the third
violation occurs during a period in 
8
    which his or her driving privileges are
revoked or 
9
    suspended where the revocation or suspension was for a 
10
    violation of
subsection (a), Section 11-501.1, subsection 
11
    (b) of Section 11-401, or for
reckless homicide as defined 
12
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
13
    Class 3 felony; and if the
person receives a term of

14
    probation or conditional discharge, he or she shall be 
15
    required to serve a
mandatory
minimum of 10 days of 
16
    imprisonment or shall be assigned a mandatory minimum of

17
    480 hours of community service, as may be determined by the 
18
    court, as a
condition of the probation or conditional 
19
    discharge. This mandatory minimum
term of imprisonment or 
20
    assignment of community service shall not be suspended
or 
21
    reduced by the court.

22
        (2.2) A person who violates subsection (a), if the

23
    violation occurs during a period in which his or her 
24
    driving privileges are
revoked or suspended where the 
25
    revocation or suspension was for a violation of
subsection 
26
    (a) or Section 11-501.1, shall also be sentenced to an 
27
    additional
mandatory minimum term of 30 consecutive days of 
28
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
29
    720 hours of community service, as may be
determined by the 
30
    court.  This mandatory term of imprisonment or assignment of

31
    community service shall  not be suspended or reduced by the 
32
    court.


33
        (3) A person who violates subsection (a) a fourth or

34
    subsequent time, if the fourth or subsequent violation 
35
    occurs
during a period in which his
or her driving 
36
    privileges are revoked or suspended where the revocation
or 
 


 






HB4139
- 27 -
LRB094 14531 DRH 49468 b




1
    suspension was for a violation of subsection (a),
Section 
2
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
3
    homicide as defined in
Section 9-3
of
the Criminal Code of 
4
    1961, is guilty of
a Class 2 felony and is not eligible for 
5
    a sentence of probation or
conditional discharge.


6
    (c-2) (Blank).


7
    (c-3) (Blank).



8
    (c-4) (Blank).

9
    (c-5) A person who violates subsection (a), if the person 
10
was transporting
a person under the age of 16 at the time of 
11
the violation, is subject to an
additional mandatory minimum 
12
fine of $1,000, an additional mandatory minimum
140 hours of 
13
community service, which shall include 40 hours of community

14
service in a program benefiting children, and an additional 2 
15
days of
imprisonment. The imprisonment or assignment of 
16
community service under this
subsection (c-5) is not subject to 
17
suspension, nor is the person eligible for
a reduced sentence.

18
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
19
person who
violates
subsection (a) a second time, if at the 
20
time of
the second violation the person was transporting a 
21
person under the age of 16,
is subject to an additional 10 days 
22
of imprisonment, an additional mandatory
minimum fine of 
23
$1,000, and an additional mandatory minimum 140 hours of

24
community service, which shall include 40 hours of community 
25
service in a
program benefiting children.
The imprisonment or 
26
assignment of community service under this subsection (c-6)
is 
27
not subject to suspension, nor is the person eligible for a 
28
reduced
sentence.

29
    (c-7) Except as provided in subsection (c-8), any person 
30
convicted of
violating subsection (c-6) or a similar
provision 
31
within 10 years of a previous violation of subsection (a) or a

32
similar provision shall receive, in addition to any other 
33
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
34
additional 40 hours of mandatory
community service in a program 
35
benefiting children, and a mandatory minimum
fine of $1,750. 
36
The imprisonment or assignment of community service under this

 


 






HB4139
- 28 -
LRB094 14531 DRH 49468 b




1
subsection (c-7) is not subject to suspension, nor is the 
2
person
eligible for a reduced sentence.

3
    (c-8) Any person convicted of violating subsection (c-6) or 
4
a similar
provision within 5 years of a previous violation of 
5
subsection (a) or a similar
provision shall receive, in 
6
addition to any other penalty imposed, an
additional 80 hours 
7
of mandatory community service in a program benefiting

8
children, an additional mandatory minimum 12 days of 
9
imprisonment, and a
mandatory minimum fine of $1,750. The 
10
imprisonment or assignment of community
service under this 
11
subsection (c-8) is not subject to suspension, nor
is the

12
person eligible for a reduced sentence.

13
    (c-9) Any person convicted a third time for violating 
14
subsection (a) or a
similar provision, if at the time of the 
15
third violation the person was
transporting a person under the 
16
age of 16, is guilty of a Class 4 felony and shall
receive, in 
17
addition to any other
penalty imposed, an additional mandatory 
18
fine of $1,000, an additional
mandatory 140 hours of community 
19
service, which shall include 40 hours in a
program benefiting 
20
children, and a mandatory minimum 30 days of imprisonment.
The 
21
imprisonment or assignment of community service under this 
22
subsection (c-9)
is not subject to suspension, nor is the 
23
person eligible for a reduced
sentence.

24
    (c-10) Any person convicted of violating subsection (c-9) 
25
or a similar
provision a third time within 20 years of a 
26
previous violation of subsection
(a) or a
similar provision is 
27
guilty of a Class 4 felony and shall receive, in addition
to 
28
any other penalty imposed, an additional mandatory 40 hours of 
29
community
service in a program benefiting children, an 
30
additional mandatory fine of

$3,000, and a mandatory minimum 
31
120 days of imprisonment. The imprisonment or
assignment of 
32
community service under this subsection (c-10) is not subject 
33
to
suspension, nor is the person eligible for a reduced 
34
sentence.

35
    (c-11) Any person convicted a fourth or subsequent time for 
36
violating
subsection (a) or a similar provision, if at the time 
 


 






HB4139
- 29 -
LRB094 14531 DRH 49468 b




1
of the fourth or
subsequent violation the person was 
2
transporting a person under the age of 16,
and if the person's 
3
3 prior violations of subsection (a) or a similar provision

4
occurred while transporting a person under the age of 16 or 
5
while the alcohol
concentration in his or her blood, breath, or 
6
urine was 0.16 or more based
on the definition of blood, 
7
breath, or urine units in Section 11-501.2, is
guilty of a 
8
Class 2 felony, is not eligible for probation or conditional

9
discharge, and is subject to a minimum fine of $3,000.

10
    (c-12) Any person convicted of a first violation of 
11
subsection (a) or a
similar provision, if the alcohol 
12
concentration in his or her blood, breath, or
urine was 0.16 or 
13
more based on the definition of blood, breath, or urine
units 
14
in Section 11-501.2, shall be subject, in addition to any other 
15
penalty
that may be imposed, to a mandatory minimum of 100 
16
hours of community service
and a mandatory minimum fine of 
17
$500.

18
    (c-13) Any person convicted of a second violation of 
19
subsection (a) or a similar provision committed within 10 years 
20
of a previous violation of subsection (a) or a similar 
21
provision committed within 10 years of a previous violation of 
22
subsection (a) or a similar provision, if at the time of the 
23
second violation of subsection (a) the
alcohol concentration in 
24
his or her blood, breath, or urine was 0.16 or more
based on 
25
the definition of blood, breath, or urine units in Section 
26
11-501.2,
shall be
subject, in addition to any other penalty 
27
that may be imposed, to a mandatory
minimum of 2 days of 
28
imprisonment and a mandatory minimum fine of $1,250.

29
    (c-14) Any person convicted of a third violation of 
30
subsection (a) or a
similar provision within 20 years of a 
31
previous violation of subsection (a) or
a
similar provision, if 
32
at the time of the third violation of subsection (a) or a

33
similar provision the alcohol concentration in his or her 
34
blood, breath, or
urine was 0.16 or more based on the 
35
definition of blood, breath, or urine units
in Section 
36
11-501.2, is guilty of a Class 4 felony and shall be subject, 
 


 






HB4139
- 30 -
LRB094 14531 DRH 49468 b




1
in
addition to any other penalty that may be imposed, to a 
2
mandatory minimum of
90 days of imprisonment and a mandatory 
3
minimum fine of $2,500.

4
    (c-15) Any person convicted of a fourth or subsequent 
5
violation of
subsection
(a) or a similar provision, if at the 
6
time of the fourth or subsequent
violation the alcohol 
7
concentration in his or her blood, breath, or urine was
0.16 or 
8
more based on the definition of blood, breath, or urine units 
9
in
Section 11-501.2, and if the person's 3 prior violations of 
10
subsection (a) or a
similar provision occurred while 
11
transporting a person under the age of 16 or
while the alcohol 
12
concentration in his or her blood, breath, or urine was 0.16
or 
13
more based on the definition of blood, breath, or urine units 
14
in Section
11-501.2, is guilty of a Class 2 felony and is not 
15
eligible for a sentence of
probation or conditional discharge 
16
and is subject to a minimum fine of
$2,500.


17
    (d) (1) Every person convicted of committing a violation of 
18
    this Section
shall be guilty of aggravated driving under 
19
    the influence of alcohol,
other drug or drugs, or 
20
    intoxicating compound or compounds, or any combination

21
    thereof if:


22
            (A) the person committed a violation of subsection 
23
        (a) or a similar
provision for the
third or subsequent 
24
        time;


25
            (B) the person committed a violation of subsection 
26
        (a)
while
driving a school bus with persons 18 years of 
27
        age or younger

on board;


28
            (C) the person in committing a violation of 
29
        subsection
(a) was
involved in a motor vehicle accident 
30
        that resulted in great bodily harm or
permanent 
31
        disability or disfigurement to another, when the 
32
        violation was
a proximate cause of the injuries;


33
            (D) the person committed a violation of subsection 
34
        (a)
for a
second time and has been previously convicted 
35
        of violating Section 9-3 of the
Criminal Code of 1961 
36
        or a similar provision of a law of another state 
 


 






HB4139
- 31 -
LRB094 14531 DRH 49468 b




1
        relating to reckless homicide in which the person was

2
        determined to have been under the influence of alcohol, 
3
        other drug or
drugs, or intoxicating compound or 
4
        compounds as an element of the offense or
the person 
5
        has previously been convicted
under subparagraph (C) 
6
        or subparagraph (F) of this paragraph (1);


7
            (E) the person, in committing a violation of 
8
        subsection (a) while
driving at any speed in a school 
9
        speed zone at a time when a speed limit of
20 miles per 
10
        hour was in effect under subsection (a) of Section 
11
        11-605 of
this Code, was involved in a motor vehicle 
12
        accident that resulted in bodily
harm, other than great 
13
        bodily harm or permanent disability or disfigurement,

14
        to another person, when the violation of subsection (a) 
15
        was a
proximate cause
of the bodily harm; or


16
            (F) the person, in committing a violation of 
17
        subsection (a), was
involved in a motor vehicle, 
18
        snowmobile, all-terrain vehicle, or watercraft

19
        accident that resulted in
the death of another person, 
20
        when the violation of subsection
(a) was
a proximate 
21
        cause of the death.


22
        (2) Except as provided in this paragraph (2), a person 
23
    convicted of
aggravated driving under
the
influence of 
24
    alcohol, other drug or
drugs,
or intoxicating compound or 
25
    compounds, or any
combination thereof is guilty of a Class 
26
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
27
    (1) of this subsection (d), the defendant, if sentenced to 
28
    a term
of imprisonment, shall be sentenced
to not less than

29
    one year nor more than 12 years.
Aggravated driving under 
30
    the influence of alcohol, other drug or drugs,
or 
31
    intoxicating compound or compounds, or any combination 
32
    thereof as
defined in subparagraph (F) of paragraph (1) of 
33
    this subsection (d) is
a Class 2 felony, for which the 
34
    defendant, unless the court determines that extraordinary 
35
    circumstances exist and require probation, shall be 
36
    sentenced to: (A) a
term of imprisonment of not less than 3 
 


 






HB4139
- 32 -
LRB094 14531 DRH 49468 b




1
    years and not more
than 14 years if the violation resulted 
2
    in the death of one person; or
(B) a term of imprisonment 
3
    of not less than 6 years and not
more than 28 years if the 
4
    violation resulted in the deaths of 2 or more
persons.
For 
5
    any prosecution under this subsection
(d), a certified copy 
6
    of the
driving abstract of the defendant shall be admitted 
7
    as proof of any prior
conviction.
Any person sentenced 
8
    under this subsection (d) who receives a term of
probation

9
    or conditional discharge must serve a minimum term of 
10
    either 480 hours of
community service or 10 days of 
11
    imprisonment as a condition of the probation or
conditional 
12
    discharge. This mandatory minimum term of imprisonment or

13
    assignment of community service may not be suspended or 
14
    reduced by the court.


15
    (e) After a finding of guilt and prior to any final 
16
sentencing, or an
order for supervision, for an offense based 
17
upon an arrest for a
violation of this Section or a similar 
18
provision of a local ordinance,
individuals shall be required 
19
to undergo a professional evaluation to
determine if an 
20
alcohol, drug, or intoxicating compound abuse problem exists

21
and the
extent of the problem, and undergo the imposition of 
22
treatment as appropriate.
Programs conducting these 
23
evaluations shall be
licensed by the Department of Human 
24
Services.  The cost of any professional
evaluation shall be paid 
25
for by the
individual
required to undergo the professional 
26
evaluation.


27
    (e-1) Any person who is found guilty of or pleads guilty to 
28
violating this
Section, including any person receiving a 
29
disposition of court supervision for
violating this Section, 
30
may be required by the Court to attend a victim
impact panel 
31
offered by, or under contract with, a County State's Attorney's

32
office, a probation and court services department, Mothers 
33
Against Drunk
Driving,
or the Alliance Against Intoxicated 
34
Motorists.
All costs generated by
the victim impact panel shall 
35
be paid from fees collected from the
offender or as may be 
36
determined by the court.


 


 






HB4139
- 33 -
LRB094 14531 DRH 49468 b




1
    (f) Every person found guilty of violating this Section, 
2
whose
operation of a motor vehicle while in violation of this 
3
Section proximately
caused any incident resulting in an 
4
appropriate emergency response, shall
be liable for the expense 
5
of an emergency response as provided under
Section 5-5-3 of the 
6
Unified Code of Corrections.


7
    (g) The Secretary of State shall revoke the driving 
8
privileges of any
person convicted under this Section or a 
9
similar provision of a local
ordinance.


10
    (h) (Blank).



11
    (i) The Secretary of State shall require the use of 
12
ignition interlock
devices on all vehicles owned by an 
13
individual who has been convicted of a
second
or subsequent 
14
offense of this Section or a similar provision of a local

15
ordinance.  The Secretary shall establish by rule and regulation 
16
the procedures
for certification and use of the interlock 
17
system.


18
    (j) In addition to any other penalties and liabilities, a 
19
person who is
found guilty of or pleads guilty to violating 
20
subsection (a), including any
person placed on court 
21
supervision for violating subsection (a), shall be fined
$500, 
22
payable to the
circuit clerk, who shall distribute the money as 
23
follows: 20% to the law enforcement agency
that made the arrest 
24
and 80% shall be forwarded to the State Treasurer for deposit 
25
into the General Revenue Fund.  If the person has been 
26
previously convicted of violating
subsection (a) or a similar 
27
provision of a local
ordinance, the fine shall be
$1,000.  In 
28
the event that more than one agency is responsible
for the 
29
arrest, the amount payable to law enforcement agencies  shall be 
30
shared equally.  Any moneys received
by a law
enforcement agency 
31
under this subsection (j) shall be used to purchase law

32
enforcement equipment that will assist in the prevention of 
33
alcohol related
criminal violence throughout the State.  This 
34
shall include, but is not limited
to, in-car video cameras, 
35
radar and laser speed detection devices, and alcohol
breath 
36
testers.
Any moneys received by the Department of State Police 
 


 






HB4139
- 34 -
LRB094 14531 DRH 49468 b




1
under this subsection
(j) shall be deposited into the State 
2
Police DUI Fund and shall be used to
purchase law enforcement 
3
equipment that will assist in the prevention of
alcohol related 
4
criminal violence throughout the State.


5
    (k) The Secretary of State Police DUI Fund is created as a 
6
special
fund in the State treasury. All moneys received by the 
7
Secretary of State
Police under subsection (j) of this Section 
8
shall be deposited into the
Secretary of State Police DUI Fund 
9
and, subject to appropriation, shall be
used to purchase law 
10
enforcement equipment to assist in the prevention of
alcohol 
11
related criminal violence throughout the State.


12
    (l) Whenever an individual is sentenced for an offense 
13
based upon an
arrest for a violation of subsection (a) or a 
14
similar provision of a local
ordinance, and the professional 
15
evaluation recommends remedial or
rehabilitative treatment or 
16
education, neither the treatment nor the education
shall be the 
17
sole disposition and either or both may be imposed only in

18
conjunction with another disposition. The court shall monitor 
19
compliance with
any remedial education or treatment 
20
recommendations contained in the
professional evaluation. 
21
Programs conducting alcohol or other drug evaluation
or 
22
remedial education must be licensed by the Department of Human 
23
Services. If
the individual is not a resident of Illinois, 
24
however, the court may accept an
alcohol or other drug 
25
evaluation or remedial education program in the
individual's 
26
state of residence.  Programs providing treatment must be 
27
licensed
under existing applicable alcoholism and drug 
28
treatment licensure standards.

29
    (m) In addition to any other fine or penalty required by 
30
law, an individual
convicted of a violation of subsection (a), 
31
Section 5-7 of the Snowmobile
Registration and Safety Act, 
32
Section 5-16 of the Boat Registration and Safety
Act, or a 
33
similar provision, whose operation of a motor vehicle, 
34
snowmobile, or
watercraft while in
violation of subsection (a), 
35
Section 5-7 of the Snowmobile Registration and
Safety Act, 
36
Section 5-16 of the Boat Registration and Safety Act, or a 
 


 






HB4139
- 35 -
LRB094 14531 DRH 49468 b




1
similar
provision proximately caused an incident resulting in 
2
an appropriate emergency
response, shall be required to make 
3
restitution to a public agency for the
costs of that emergency 
4
response. The restitution may not exceed $1,000 per
public 
5
agency for each emergency response. As used in this subsection 
6
(m),
"emergency response" means any incident requiring a 
7
response by a police
officer, a firefighter carried on the 
8
rolls of a regularly constituted fire
department, or an 
9
ambulance.


10
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
11
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
12
93-840, eff. 7-30-04; 94-113, eff. 1-1-06.)

 
13
    (Text of Section from P.A. 94-114)
14
    Sec. 11-501. Driving while under the influence of alcohol, 
15
other drug or
drugs, intoxicating compound or compounds or any 
16
combination thereof.

17
    (a) A person shall not drive or be in actual
physical 
18
control of any vehicle within this State while:


19
        (1) the alcohol concentration in the person's blood or 
20
    breath is 0.08
or more based on the definition of blood and 
21
    breath units in Section 11-501.2;


22
        (2) under the influence of alcohol;


23
        (3) under the influence of any intoxicating compound or 
24
    combination of
intoxicating compounds to a degree that 
25
    renders the person incapable of
driving safely;


26
        (4) under the influence of any other drug or 
27
    combination of drugs to a
degree that renders the person 
28
    incapable of safely driving;


29
        (5) under the combined influence of alcohol, other drug 
30
    or drugs, or
intoxicating compound or compounds to a degree 
31
    that renders the person
incapable of safely driving; or


32
        (6) there is any amount of a drug, substance, or 
33
    compound in the
person's breath, blood, or urine resulting 
34
    from the unlawful use or consumption
of cannabis listed in 
35
    the Cannabis Control Act, a controlled substance listed
in 
 


 






HB4139
- 36 -
LRB094 14531 DRH 49468 b




1
    the Illinois Controlled Substances Act, or an intoxicating 
2
    compound listed
in the Use of Intoxicating Compounds Act.


3
    (b) The fact that any person charged with violating this 
4
Section is or
has been legally entitled to use alcohol, other 
5
drug or drugs, or
intoxicating compound or compounds, or any

6
combination thereof,  shall not constitute a defense against any 
7
charge of
violating this Section.


8
    (b-1) With regard to penalties imposed under this Section:

9
        (1) Any reference to a prior violation of subsection 
10
    (a) or a similar
provision includes any violation of a 
11
    provision of a local ordinance or a
provision of a law of 
12
    another state that is similar to a violation of
subsection 
13
    (a) of this Section.

14
        (2) Any penalty imposed for driving with a license that 
15
    has been revoked
for a previous violation of subsection (a) 
16
    of this Section shall be in
addition to the penalty imposed 
17
    for any subsequent violation of subsection (a).

18
    (b-2) Except as otherwise provided in this Section, any 
19
person convicted of
violating subsection (a) of this Section is 
20
guilty of a Class A misdemeanor.

21
    (b-3) In addition to any other criminal or administrative 
22
sanction for any
second conviction of violating subsection (a) 
23
or a similar provision committed
within 5 years of a previous 
24
violation of subsection (a) or a similar
provision, the 
25
defendant shall be sentenced to a mandatory minimum of 5 days 
26
of
imprisonment or assigned a mandatory minimum of 240 hours of 
27
community service
as may be determined by the court.

28
    (b-4) In the case of a third or subsequent violation 
29
committed within 5
years of a previous violation of subsection 
30
(a) or a similar provision, in
addition to any other criminal 
31
or administrative sanction, a mandatory minimum
term of either 
32
10 days of imprisonment or 480 hours of community service shall

33
be imposed.

34
    (b-5) The imprisonment or assignment of community service 
35
under subsections
(b-3) and (b-4) shall not be subject to 
36
suspension, nor shall the person be
eligible for a reduced 
 


 






HB4139
- 37 -
LRB094 14531 DRH 49468 b




1
sentence.


2
    (c) (Blank).



3
    (c-1) (1) A person who violates subsection (a)

during
a 
4
    period in which his
or her driving privileges are revoked 
5
    or suspended, where the revocation or
suspension was for a 
6
    violation of subsection (a), Section
11-501.1, paragraph 
7
    (b)
of Section 11-401, or for reckless homicide as defined 
8
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

9
    Class 4 felony.


10
        (2) A person who violates subsection (a) a third
time, 
11
    if the third violation occurs during a period in
which his 
12
    or her driving privileges are revoked or suspended where 
13
    the
revocation
or suspension was for a violation of 
14
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
15
    11-401, or for reckless homicide as defined in Section 9-3

16
    of the Criminal Code of 1961, is guilty of
a Class 3 
17
    felony.
18
        (2.1) A person who violates subsection (a) a third 
19
    time, if the third
violation occurs during a period in 
20
    which his or her driving privileges are
revoked or 
21
    suspended where the revocation or suspension was for a 
22
    violation of
subsection (a), Section 11-501.1, subsection 
23
    (b) of Section 11-401, or for
reckless homicide as defined 
24
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
25
    Class 3 felony; and if the
person receives a term of

26
    probation or conditional discharge, he or she shall be 
27
    required to serve a
mandatory
minimum of 10 days of 
28
    imprisonment or shall be assigned a mandatory minimum of

29
    480 hours of community service, as may be determined by the 
30
    court, as a
condition of the probation or conditional 
31
    discharge. This mandatory minimum
term of imprisonment or 
32
    assignment of community service shall not be suspended
or 
33
    reduced by the court.

34
        (2.2) A person who violates subsection (a), if the

35
    violation occurs during a period in which his or her 
36
    driving privileges are
revoked or suspended where the 
 


 






HB4139
- 38 -
LRB094 14531 DRH 49468 b




1
    revocation or suspension was for a violation of
subsection 
2
    (a) or Section 11-501.1, shall also be sentenced to an 
3
    additional
mandatory minimum term of 30 consecutive days of 
4
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
5
    720 hours of community service, as may be
determined by the 
6
    court.  This mandatory term of imprisonment or assignment of

7
    community service shall  not be suspended or reduced by the 
8
    court.


9
        (3) A person who violates subsection (a) a fourth or

10
    fifth time, if the fourth or fifth

violation occurs
during 
11
    a period in which his
or her driving privileges are revoked 
12
    or suspended where the revocation
or suspension was for a 
13
    violation of subsection (a),
Section 11-501.1, paragraph

14
    (b) of Section 11-401, or for reckless homicide as defined 
15
    in
Section 9-3
of
the Criminal Code of 1961, is guilty of
a 
16
    Class 2 felony and is not eligible for a sentence of 
17
    probation or
conditional discharge.


18
    (c-2) (Blank).


19
    (c-3) (Blank).



20
    (c-4) (Blank).

21
    (c-5) A person who violates subsection (a), if the person 
22
was transporting
a person under the age of 16 at the time of 
23
the violation, is subject to an
additional mandatory minimum 
24
fine of $1,000, an additional mandatory minimum
140 hours of 
25
community service, which shall include 40 hours of community

26
service in a program benefiting children, and an additional 2 
27
days of
imprisonment. The imprisonment or assignment of 
28
community service under this
subsection (c-5) is not subject to 
29
suspension, nor is the person eligible for
a reduced sentence.

30
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
31
person who
violates
subsection (a) a second time, if at the 
32
time of
the second violation the person was transporting a 
33
person under the age of 16,
is subject to an additional 10 days 
34
of imprisonment, an additional mandatory
minimum fine of 
35
$1,000, and an additional mandatory minimum 140 hours of

36
community service, which shall include 40 hours of community 
 


 






HB4139
- 39 -
LRB094 14531 DRH 49468 b




1
service in a
program benefiting children.
The imprisonment or 
2
assignment of community service under this subsection (c-6)
is 
3
not subject to suspension, nor is the person eligible for a 
4
reduced
sentence.

5
    (c-7) Except as provided in subsection (c-8), any person 
6
convicted of
violating subsection (c-6) or a similar
provision 
7
within 10 years of a previous violation of subsection (a) or a

8
similar provision shall receive, in addition to any other 
9
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
10
additional 40 hours of mandatory
community service in a program 
11
benefiting children, and a mandatory minimum
fine of $1,750. 
12
The imprisonment or assignment of community service under this

13
subsection (c-7) is not subject to suspension, nor is the 
14
person
eligible for a reduced sentence.

15
    (c-8) Any person convicted of violating subsection (c-6) or 
16
a similar
provision within 5 years of a previous violation of 
17
subsection (a) or a similar
provision shall receive, in 
18
addition to any other penalty imposed, an
additional 80 hours 
19
of mandatory community service in a program benefiting

20
children, an additional mandatory minimum 12 days of 
21
imprisonment, and a
mandatory minimum fine of $1,750. The 
22
imprisonment or assignment of community
service under this 
23
subsection (c-8) is not subject to suspension, nor
is the

24
person eligible for a reduced sentence.

25
    (c-9) Any person convicted a third time for violating 
26
subsection (a) or a
similar provision, if at the time of the 
27
third violation the person was
transporting a person under the 
28
age of 16, is guilty of a Class 4 felony and shall
receive, in 
29
addition to any other
penalty imposed, an additional mandatory 
30
fine of $1,000, an additional
mandatory 140 hours of community 
31
service, which shall include 40 hours in a
program benefiting 
32
children, and a mandatory minimum 30 days of imprisonment.
The 
33
imprisonment or assignment of community service under this 
34
subsection (c-9)
is not subject to suspension, nor is the 
35
person eligible for a reduced
sentence.

36
    (c-10) Any person convicted of violating subsection (c-9) 
 


 






HB4139
- 40 -
LRB094 14531 DRH 49468 b




1
or a similar
provision a third time within 20 years of a 
2
previous violation of subsection
(a) or a
similar provision is 
3
guilty of a Class 4 felony and shall receive, in addition
to 
4
any other penalty imposed, an additional mandatory 40 hours of 
5
community
service in a program benefiting children, an 
6
additional mandatory fine of

$3,000, and a mandatory minimum 
7
120 days of imprisonment. The imprisonment or
assignment of 
8
community service under this subsection (c-10) is not subject 
9
to
suspension, nor is the person eligible for a reduced 
10
sentence.

11
    (c-11) Any person convicted a fourth or fifth

time for 
12
violating
subsection (a) or a similar provision, if at the time 
13
of the fourth or
fifth violation the person was transporting a 
14
person under the age of 16,
and if the person's 3 prior 
15
violations of subsection (a) or a similar provision
occurred 
16
while transporting a person under the age of 16 or while the 
17
alcohol
concentration in his or her blood, breath, or urine was 
18
0.16 or more based
on the definition of blood, breath, or urine 
19
units in Section 11-501.2, is
guilty of a Class 2 felony, is 
20
not eligible for probation or conditional
discharge, and is 
21
subject to a minimum fine of $3,000.

22
    (c-12) Any person convicted of a first violation of 
23
subsection (a) or a
similar provision, if the alcohol 
24
concentration in his or her blood, breath, or
urine was 0.16 or 
25
more based on the definition of blood, breath, or urine
units 
26
in Section 11-501.2, shall be subject, in addition to any other 
27
penalty
that may be imposed, to a mandatory minimum of 100 
28
hours of community service
and a mandatory minimum fine of 
29
$500.

30
    (c-13) Any person convicted of a second violation of 
31
subsection (a) or a similar provision committed within 10 years 
32
of a previous violation of subsection (a) or a similar 
33
provision committed within 10 years of a previous violation of 
34
subsection (a) or a similar provision, if at the time of the 
35
second violation of subsection (a) the
alcohol concentration in 
36
his or her blood, breath, or urine was 0.16 or more
based on 
 


 






HB4139
- 41 -
LRB094 14531 DRH 49468 b




1
the definition of blood, breath, or urine units in Section 
2
11-501.2,
shall be
subject, in addition to any other penalty 
3
that may be imposed, to a mandatory
minimum of 2 days of 
4
imprisonment and a mandatory minimum fine of $1,250.

5
    (c-14) Any person convicted of a third violation of 
6
subsection (a) or a
similar provision within 20 years of a 
7
previous violation of subsection (a) or
a
similar provision, if 
8
at the time of the third violation of subsection (a) or a

9
similar provision the alcohol concentration in his or her 
10
blood, breath, or
urine was 0.16 or more based on the 
11
definition of blood, breath, or urine units
in Section 
12
11-501.2, is guilty of a Class 4 felony and shall be subject, 
13
in
addition to any other penalty that may be imposed, to a 
14
mandatory minimum of
90 days of imprisonment and a mandatory 
15
minimum fine of $2,500.

16
    (c-15) Any person convicted of a fourth or fifth

violation 
17
of
subsection
(a) or a similar provision, if at the time of the 
18
fourth or fifth

violation the alcohol concentration in his or 
19
her blood, breath, or urine was
0.16 or more based on the 
20
definition of blood, breath, or urine units in
Section 
21
11-501.2, and if the person's 3 prior violations of subsection 
22
(a) or a
similar provision occurred while transporting a person 
23
under the age of 16 or
while the alcohol concentration in his 
24
or her blood, breath, or urine was 0.16
or more based on the 
25
definition of blood, breath, or urine units in Section

26
11-501.2, is guilty of a Class 2 felony and is not eligible for 
27
a sentence of
probation or conditional discharge and is subject 
28
to a minimum fine of
$2,500.


29
    (c-16) Any person convicted of a sixth or subsequent 
30
violation of subsection (a) is guilty of a Class X felony.

31
    (d) (1) Every person convicted of committing a violation of 
32
    this Section
shall be guilty of aggravated driving under 
33
    the influence of alcohol,
other drug or drugs, or 
34
    intoxicating compound or compounds, or any combination

35
    thereof if:


36
            (A) the person committed a violation of subsection 
 


 






HB4139
- 42 -
LRB094 14531 DRH 49468 b




1
        (a) or a similar
provision for the
third or subsequent 
2
        time;


3
            (B) the person committed a violation of subsection 
4
        (a)
while
driving a school bus with persons 18 years of 
5
        age or younger

on board;


6
            (C) the person in committing a violation of 
7
        subsection
(a) was
involved in a motor vehicle accident 
8
        that resulted in great bodily harm or
permanent 
9
        disability or disfigurement to another, when the 
10
        violation was
a proximate cause of the injuries;


11
            (D) the person committed a violation of subsection 
12
        (a)
for a
second time and has been previously convicted 
13
        of violating Section 9-3 of the
Criminal Code of 1961 
14
        or a similar provision of a law of another state 
15
        relating to reckless homicide in which the person was

16
        determined to have been under the influence of alcohol, 
17
        other drug or
drugs, or intoxicating compound or 
18
        compounds as an element of the offense or
the person 
19
        has previously been convicted
under subparagraph (C) 
20
        or subparagraph (F) of this paragraph (1);


21
            (E) the person, in committing a violation of 
22
        subsection (a) while
driving at any speed in a school 
23
        speed zone at a time when a speed limit of
20 miles per 
24
        hour was in effect under subsection (a) of Section 
25
        11-605 of
this Code, was involved in a motor vehicle 
26
        accident that resulted in bodily
harm, other than great 
27
        bodily harm or permanent disability or disfigurement,

28
        to another person, when the violation of subsection (a) 
29
        was a
proximate cause
of the bodily harm; or


30
            (F) the person, in committing a violation of 
31
        subsection (a), was
involved in a motor vehicle, 
32
        snowmobile, all-terrain vehicle, or watercraft

33
        accident that resulted in
the death of another person, 
34
        when the violation of subsection
(a) was
a proximate 
35
        cause of the death.


36
        (2) Except as provided in this paragraph (2), a person 
 


 






HB4139
- 43 -
LRB094 14531 DRH 49468 b




1
    convicted of
aggravated driving under
the
influence of 
2
    alcohol, other drug or
drugs,
or intoxicating compound or 
3
    compounds, or any
combination thereof is guilty of a Class 
4
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
5
    (1) of this subsection (d), the defendant, if sentenced to 
6
    a term
of imprisonment, shall be sentenced
to not less than

7
    one year nor more than 12 years.
Aggravated driving under 
8
    the influence of alcohol, other drug or drugs,
or 
9
    intoxicating compound or compounds, or any combination 
10
    thereof as
defined in subparagraph (F) of paragraph (1) of 
11
    this subsection (d) is
a Class 2 felony, for which the 
12
    defendant, if sentenced to a term of
imprisonment, shall be 
13
    sentenced to: (A) a
term of imprisonment of not less than 3 
14
    years and not more
than 14 years if the violation resulted 
15
    in the death of one person; or
(B) a term of imprisonment 
16
    of not less than 6 years and not
more than 28 years if the 
17
    violation resulted in the deaths of 2 or more
persons.
For 
18
    any prosecution under this subsection
(d), a certified copy 
19
    of the
driving abstract of the defendant shall be admitted 
20
    as proof of any prior
conviction.
Any person sentenced 
21
    under this subsection (d) who receives a term of
probation

22
    or conditional discharge must serve a minimum term of 
23
    either 480 hours of
community service or 10 days of 
24
    imprisonment as a condition of the probation or
conditional 
25
    discharge. This mandatory minimum term of imprisonment or

26
    assignment of community service may not be suspended or 
27
    reduced by the court.


28
    (e) After a finding of guilt and prior to any final 
29
sentencing, or an
order for supervision, for an offense based 
30
upon an arrest for a
violation of this Section or a similar 
31
provision of a local ordinance,
individuals shall be required 
32
to undergo a professional evaluation to
determine if an 
33
alcohol, drug, or intoxicating compound abuse problem exists

34
and the
extent of the problem, and undergo the imposition of 
35
treatment as appropriate.
Programs conducting these 
36
evaluations shall be
licensed by the Department of Human 
 


 






HB4139
- 44 -
LRB094 14531 DRH 49468 b




1
Services.  The cost of any professional
evaluation shall be paid 
2
for by the
individual
required to undergo the professional 
3
evaluation.


4
    (e-1) Any person who is found guilty of or pleads guilty to 
5
violating this
Section, including any person receiving a 
6
disposition of court supervision for
violating this Section, 
7
may be required by the Court to attend a victim
impact panel 
8
offered by, or under contract with, a County State's Attorney's

9
office, a probation and court services department, Mothers 
10
Against Drunk
Driving,
or the Alliance Against Intoxicated 
11
Motorists.
All costs generated by
the victim impact panel shall 
12
be paid from fees collected from the
offender or as may be 
13
determined by the court.


14
    (f) Every person found guilty of violating this Section, 
15
whose
operation of a motor vehicle while in violation of this 
16
Section proximately
caused any incident resulting in an 
17
appropriate emergency response, shall
be liable for the expense 
18
of an emergency response as provided under
Section 5-5-3 of the 
19
Unified Code of Corrections.


20
    (g) The Secretary of State shall revoke the driving 
21
privileges of any
person convicted under this Section or a 
22
similar provision of a local
ordinance.


23
    (h) (Blank).



24
    (i) The Secretary of State shall require the use of 
25
ignition interlock
devices on all vehicles owned by an 
26
individual who has been convicted of a
second
or subsequent 
27
offense of this Section or a similar provision of a local

28
ordinance.  The Secretary shall establish by rule and regulation 
29
the procedures
for certification and use of the interlock 
30
system.


31
    (j) In addition to any other penalties and liabilities, a 
32
person who is
found guilty of or pleads guilty to violating 
33
subsection (a), including any
person placed on court 
34
supervision for violating subsection (a), shall be fined
$500, 
35
payable to the
circuit clerk, who shall distribute the money as 
36
follows: 20% to the law enforcement agency
that made the arrest 
 


 






HB4139
- 45 -
LRB094 14531 DRH 49468 b




1
and 80% shall be forwarded to the State Treasurer for deposit 
2
into the General Revenue Fund.  If the person has been 
3
previously convicted of violating
subsection (a) or a similar 
4
provision of a local
ordinance, the fine shall be
$1,000.  In 
5
the event that more than one agency is responsible
for the 
6
arrest, the amount payable to law enforcement agencies  shall be 
7
shared equally.  Any moneys received
by a law
enforcement agency 
8
under this subsection (j) shall be used to purchase law

9
enforcement equipment that will assist in the prevention of 
10
alcohol related
criminal violence throughout the State.  This 
11
shall include, but is not limited
to, in-car video cameras, 
12
radar and laser speed detection devices, and alcohol
breath 
13
testers.
Any moneys received by the Department of State Police 
14
under this subsection
(j) shall be deposited into the State 
15
Police DUI Fund and shall be used to
purchase law enforcement 
16
equipment that will assist in the prevention of
alcohol related 
17
criminal violence throughout the State.


18
    (k) The Secretary of State Police DUI Fund is created as a 
19
special
fund in the State treasury. All moneys received by the 
20
Secretary of State
Police under subsection (j) of this Section 
21
shall be deposited into the
Secretary of State Police DUI Fund 
22
and, subject to appropriation, shall be
used to purchase law 
23
enforcement equipment to assist in the prevention of
alcohol 
24
related criminal violence throughout the State.


25
    (l) Whenever an individual is sentenced for an offense 
26
based upon an
arrest for a violation of subsection (a) or a 
27
similar provision of a local
ordinance, and the professional 
28
evaluation recommends remedial or
rehabilitative treatment or 
29
education, neither the treatment nor the education
shall be the 
30
sole disposition and either or both may be imposed only in

31
conjunction with another disposition. The court shall monitor 
32
compliance with
any remedial education or treatment 
33
recommendations contained in the
professional evaluation. 
34
Programs conducting alcohol or other drug evaluation
or 
35
remedial education must be licensed by the Department of Human 
36
Services. If
the individual is not a resident of Illinois, 
 


 






HB4139
- 46 -
LRB094 14531 DRH 49468 b




1
however, the court may accept an
alcohol or other drug 
2
evaluation or remedial education program in the
individual's 
3
state of residence.  Programs providing treatment must be 
4
licensed
under existing applicable alcoholism and drug 
5
treatment licensure standards.

6
    (m) In addition to any other fine or penalty required by 
7
law, an individual
convicted of a violation of subsection (a), 
8
Section 5-7 of the Snowmobile
Registration and Safety Act, 
9
Section 5-16 of the Boat Registration and Safety
Act, or a 
10
similar provision, whose operation of a motor vehicle, 
11
snowmobile, or
watercraft while in
violation of subsection (a), 
12
Section 5-7 of the Snowmobile Registration and
Safety Act, 
13
Section 5-16 of the Boat Registration and Safety Act, or a 
14
similar
provision proximately caused an incident resulting in 
15
an appropriate emergency
response, shall be required to make 
16
restitution to a public agency for the
costs of that emergency 
17
response. The restitution may not exceed $1,000 per
public 
18
agency for each emergency response. As used in this subsection 
19
(m),
"emergency response" means any incident requiring a 
20
response by a police
officer, a firefighter carried on the 
21
rolls of a regularly constituted fire
department, or an 
22
ambulance.


23
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
24
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
25
93-840, eff. 7-30-04; 94-114, eff. 1-1-06.)

 
26
    (Text of Section from P.A. 94-116)
27
    Sec. 11-501. Driving while under the influence of alcohol, 
28
other drug or
drugs, intoxicating compound or compounds or any 
29
combination thereof.

30
    (a) A person shall not drive or be in actual
physical 
31
control of any vehicle within this State while:


32
        (1) the alcohol concentration in the person's blood or 
33
    breath is 0.08
or more based on the definition of blood and 
34
    breath units in Section 11-501.2;


35
        (2) under the influence of alcohol;


 


 






HB4139
- 47 -
LRB094 14531 DRH 49468 b




1
        (3) under the influence of any intoxicating compound or 
2
    combination of
intoxicating compounds to a degree that 
3
    renders the person incapable of
driving 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 drug 
8
    or drugs, or
intoxicating compound or compounds to a degree 
9
    that renders the person
incapable of safely driving; or


10
        (6) there is any amount of a drug, substance, or 
11
    compound in the
person's breath, blood, or urine resulting 
12
    from the unlawful use or consumption
of cannabis listed in 
13
    the Cannabis Control Act, a controlled substance listed
in 
14
    the Illinois Controlled Substances Act, or an intoxicating 
15
    compound listed
in the Use of Intoxicating Compounds Act.


16
    (b) The fact that any person charged with violating this 
17
Section is or
has been legally entitled to use alcohol, other 
18
drug or drugs, or
intoxicating compound or compounds, or any

19
combination thereof,  shall not constitute a defense against any 
20
charge of
violating this Section.


21
    (b-1) With regard to penalties imposed under this Section:

22
        (1) Any reference to a prior violation of subsection 
23
    (a) or a similar
provision includes any violation of a 
24
    provision of a local ordinance or a
provision of a law of 
25
    another state that is similar to a violation of
subsection 
26
    (a) of this Section.

27
        (2) Any penalty imposed for driving with a license that 
28
    has been revoked
for a previous violation of subsection (a) 
29
    of this Section shall be in
addition to the penalty imposed 
30
    for any subsequent violation of subsection (a).

31
    (b-2) Except as otherwise provided in this Section, any 
32
person convicted of
violating subsection (a) of this Section is 
33
guilty of a Class A misdemeanor.

34
    (b-3) In addition to any other criminal or administrative 
35
sanction for any
second conviction of violating subsection (a) 
36
or a similar provision committed
within 5 years of a previous 
 


 






HB4139
- 48 -
LRB094 14531 DRH 49468 b




1
violation of subsection (a) or a similar
provision, the 
2
defendant shall be sentenced to a mandatory minimum of 5 days 
3
of
imprisonment or assigned a mandatory minimum of 240 hours of 
4
community service
as may be determined by the court.

5
    (b-4) In the case of a third violation committed within 5

6
years of a previous violation of subsection (a) or a similar 
7
provision, the defendant is guilty of a Class 2 felony, and in

8
addition to any other criminal or administrative sanction, a 
9
mandatory minimum
term of either 10 days of imprisonment or 480 
10
hours of community service shall
be imposed.

11
    (b-5) The imprisonment or assignment of community service 
12
under subsections
(b-3) and (b-4) shall not be subject to 
13
suspension, nor shall the person be
eligible for a reduced 
14
sentence.


15
    (c) (Blank).



16
    (c-1) (1) A person who violates subsection (a)

during
a 
17
    period in which his
or her driving privileges are revoked 
18
    or suspended, where the revocation or
suspension was for a 
19
    violation of subsection (a), Section
11-501.1, paragraph 
20
    (b)
of Section 11-401, or for reckless homicide as defined 
21
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

22
    Class 4 felony.


23
        (2) A person who violates subsection (a) a third
time 
24
    is guilty of
a Class 2 felony.
25
        (2.1) A person who violates subsection (a) a third 
26
    time, if the third
violation occurs during a period in 
27
    which his or her driving privileges are
revoked or 
28
    suspended where the revocation or suspension was for a 
29
    violation of
subsection (a), Section 11-501.1, subsection 
30
    (b) of Section 11-401, or for
reckless homicide as defined 
31
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
32
    Class 2 felony; and if the
person receives a term of

33
    probation or conditional discharge, he or she shall be 
34
    required to serve a
mandatory
minimum of 10 days of 
35
    imprisonment or shall be assigned a mandatory minimum of

36
    480 hours of community service, as may be determined by the 
 


 






HB4139
- 49 -
LRB094 14531 DRH 49468 b




1
    court, as a
condition of the probation or conditional 
2
    discharge. This mandatory minimum
term of imprisonment or 
3
    assignment of community service shall not be suspended
or 
4
    reduced by the court.

5
        (2.2) A person who violates subsection (a), if the

6
    violation occurs during a period in which his or her 
7
    driving privileges are
revoked or suspended where the 
8
    revocation or suspension was for a violation of
subsection 
9
    (a) or Section 11-501.1, shall also be sentenced to an 
10
    additional
mandatory minimum term of 30 consecutive days of 
11
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
12
    720 hours of community service, as may be
determined by the 
13
    court.  This mandatory term of imprisonment or assignment of

14
    community service shall  not be suspended or reduced by the 
15
    court.


16
        (3) A person who violates subsection (a) a fourth time 
17
    is guilty of
a Class 2 felony and is not eligible for a 
18
    sentence of probation or
conditional discharge.


19
        (4) A person who violates subsection (a) a fifth or 
20
    subsequent time is guilty of a Class 1 felony and is not 
21
    eligible for a sentence of probation or conditional 
22
    discharge.

23
    (c-2) (Blank).


24
    (c-3) (Blank).



25
    (c-4) (Blank).

26
    (c-5) A person who violates subsection (a), if the person 
27
was transporting
a person under the age of 16 at the time of 
28
the violation, is subject to an
additional mandatory minimum 
29
fine of $1,000, an additional mandatory minimum
140 hours of 
30
community service, which shall include 40 hours of community

31
service in a program benefiting children, and an additional 2 
32
days of
imprisonment. The imprisonment or assignment of 
33
community service under this
subsection (c-5) is not subject to 
34
suspension, nor is the person eligible for
a reduced sentence.

35
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
36
person who
violates
subsection (a) a second time, if at the 
 


 






HB4139
- 50 -
LRB094 14531 DRH 49468 b




1
time of
the second violation the person was transporting a 
2
person under the age of 16,
is subject to an additional 10 days 
3
of imprisonment, an additional mandatory
minimum fine of 
4
$1,000, and an additional mandatory minimum 140 hours of

5
community service, which shall include 40 hours of community 
6
service in a
program benefiting children.
The imprisonment or 
7
assignment of community service under this subsection (c-6)
is 
8
not subject to suspension, nor is the person eligible for a 
9
reduced
sentence.

10
    (c-7) Except as provided in subsection (c-8), any person 
11
convicted of
violating subsection (c-6) or a similar
provision 
12
within 10 years of a previous violation of subsection (a) or a

13
similar provision shall receive, in addition to any other 
14
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
15
additional 40 hours of mandatory
community service in a program 
16
benefiting children, and a mandatory minimum
fine of $1,750. 
17
The imprisonment or assignment of community service under this

18
subsection (c-7) is not subject to suspension, nor is the 
19
person
eligible for a reduced sentence.

20
    (c-8) Any person convicted of violating subsection (c-6) or 
21
a similar
provision within 5 years of a previous violation of 
22
subsection (a) or a similar
provision shall receive, in 
23
addition to any other penalty imposed, an
additional 80 hours 
24
of mandatory community service in a program benefiting

25
children, an additional mandatory minimum 12 days of 
26
imprisonment, and a
mandatory minimum fine of $1,750. The 
27
imprisonment or assignment of community
service under this 
28
subsection (c-8) is not subject to suspension, nor
is the

29
person eligible for a reduced sentence.

30
    (c-9) Any person convicted a third time for violating 
31
subsection (a) or a
similar provision, if at the time of the 
32
third violation the person was
transporting a person under the 
33
age of 16, is guilty of a Class 2 felony and shall
receive, in 
34
addition to any other
penalty imposed, an additional mandatory 
35
fine of $1,000, an additional
mandatory 140 hours of community 
36
service, which shall include 40 hours in a
program benefiting 
 


 






HB4139
- 51 -
LRB094 14531 DRH 49468 b




1
children, and a mandatory minimum 30 days of imprisonment.
The 
2
imprisonment or assignment of community service under this 
3
subsection (c-9)
is not subject to suspension, nor is the 
4
person eligible for a reduced
sentence.

5
    (c-10) Any person convicted of violating subsection (c-9) 
6
or a similar
provision a third time within 20 years of a 
7
previous violation of subsection
(a) or a
similar provision is 
8
guilty of a Class 2 felony and shall receive, in addition
to 
9
any other penalty imposed, an additional mandatory 40 hours of 
10
community
service in a program benefiting children, an 
11
additional mandatory fine of

$3,000, and a mandatory minimum 
12
120 days of imprisonment. The imprisonment or
assignment of 
13
community service under this subsection (c-10) is not subject 
14
to
suspension, nor is the person eligible for a reduced 
15
sentence.

16
    (c-11) Any person convicted a fourth time for violating

17
subsection (a) or a similar provision, if at the time of the 
18
fourth violation the person was transporting a person under the 
19
age of 16,
and if the person's 3 prior violations of subsection 
20
(a) or a similar provision
occurred while transporting a person 
21
under the age of 16 or while the alcohol
concentration in his 
22
or her blood, breath, or urine was 0.16 or more based
on the 
23
definition of blood, breath, or urine units in Section 
24
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
25
probation or conditional
discharge, and is subject to a minimum 
26
fine of $3,000.

27
    (c-12) Any person convicted of a first violation of 
28
subsection (a) or a
similar provision, if the alcohol 
29
concentration in his or her blood, breath, or
urine was 0.16 or 
30
more based on the definition of blood, breath, or urine
units 
31
in Section 11-501.2, shall be subject, in addition to any other 
32
penalty
that may be imposed, to a mandatory minimum of 100 
33
hours of community service
and a mandatory minimum fine of 
34
$500.

35
    (c-13) Any person convicted of a second violation of 
36
subsection (a) or a similar provision committed within 10 years 
 


 






HB4139
- 52 -
LRB094 14531 DRH 49468 b




1
of a previous violation of subsection (a) or a similar 
2
provision committed within 10 years of a previous violation of 
3
subsection (a) or a similar provision, if at the time of the 
4
second violation of subsection (a) the
alcohol concentration in 
5
his or her blood, breath, or urine was 0.16 or more
based on 
6
the definition of blood, breath, or urine units in Section 
7
11-501.2,
shall be
subject, in addition to any other penalty 
8
that may be imposed, to a mandatory
minimum of 2 days of 
9
imprisonment and a mandatory minimum fine of $1,250.

10
    (c-14) Any person convicted of a third violation of 
11
subsection (a) or a
similar provision within 20 years of a 
12
previous violation of subsection (a) or
a
similar provision, if 
13
at the time of the third violation of subsection (a) or a

14
similar provision the alcohol concentration in his or her 
15
blood, breath, or
urine was 0.16 or more based on the 
16
definition of blood, breath, or urine units
in Section 
17
11-501.2, is guilty of a Class 2 felony and shall be subject, 
18
in
addition to any other penalty that may be imposed, to a 
19
mandatory minimum of
90 days of imprisonment and a mandatory 
20
minimum fine of $2,500.

21
    (c-15) Any person convicted of a fourth
violation of

22
subsection
(a) or a similar provision, if at the time of the 
23
fourth
violation the alcohol concentration in his or her blood, 
24
breath, or urine was
0.16 or more based on the definition of 
25
blood, breath, or urine units in
Section 11-501.2, and if the 
26
person's 3 prior violations of subsection (a) or a
similar 
27
provision occurred while transporting a person under the age of 
28
16 or
while the alcohol concentration in his or her blood, 
29
breath, or urine was 0.16
or more based on the definition of 
30
blood, breath, or urine units in Section
11-501.2, is guilty of 
31
a Class 2 felony and is not eligible for a sentence of

32
probation or conditional discharge and is subject to a minimum 
33
fine of
$2,500.


34
    (d) (1) Every person convicted of committing a violation of 
35
    this Section
shall be guilty of aggravated driving under 
36
    the influence of alcohol,
other drug or drugs, or 
 


 






HB4139
- 53 -
LRB094 14531 DRH 49468 b




1
    intoxicating compound or compounds, or any combination

2
    thereof if:


3
            (A) the person committed a violation of subsection 
4
        (a) or a similar
provision for the
third or subsequent 
5
        time;


6
            (B) the person committed a violation of subsection 
7
        (a)
while
driving a school bus with persons 18 years of 
8
        age or younger

on board;


9
            (C) the person in committing a violation of 
10
        subsection
(a) was
involved in a motor vehicle accident 
11
        that resulted in great bodily harm or
permanent 
12
        disability or disfigurement to another, when the 
13
        violation was
a proximate cause of the injuries;


14
            (D) the person committed a violation of subsection 
15
        (a)
for a
second time and has been previously convicted 
16
        of violating Section 9-3 of the
Criminal Code of 1961 
17
        or a similar provision of a law of another state 
18
        relating to reckless homicide in which the person was

19
        determined to have been under the influence of alcohol, 
20
        other drug or
drugs, or intoxicating compound or 
21
        compounds as an element of the offense or
the person 
22
        has previously been convicted
under subparagraph (C) 
23
        or subparagraph (F) of this paragraph (1);


24
            (E) the person, in committing a violation of 
25
        subsection (a) while
driving at any speed in a school 
26
        speed zone at a time when a speed limit of
20 miles per 
27
        hour was in effect under subsection (a) of Section 
28
        11-605 of
this Code, was involved in a motor vehicle 
29
        accident that resulted in bodily
harm, other than great 
30
        bodily harm or permanent disability or disfigurement,

31
        to another person, when the violation of subsection (a) 
32
        was a
proximate cause
of the bodily harm; or


33
            (F) the person, in committing a violation of 
34
        subsection (a), was
involved in a motor vehicle, 
35
        snowmobile, all-terrain vehicle, or watercraft

36
        accident that resulted in
the death of another person, 
 


 






HB4139
- 54 -
LRB094 14531 DRH 49468 b




1
        when the violation of subsection
(a) was
a proximate 
2
        cause of the death.


3
        (2) Except as provided in this paragraph (2) and in 
4
    paragraphs (3) and (4) of subsection (c-1), a person 
5
    convicted of
aggravated driving under
the
influence of 
6
    alcohol, other drug or
drugs,
or intoxicating compound or 
7
    compounds, or any
combination thereof is guilty of a Class 
8
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
9
    (1) of this subsection (d), the defendant, if sentenced to 
10
    a term
of imprisonment, shall be sentenced
to not less than

11
    one year nor more than 12 years.
Except as provided in 
12
    paragraph (4) of subsection (c-1), aggravated driving 
13
    under the influence of alcohol, other drug, or drugs, 
14
    intoxicating compounds or compounds, or any combination 
15
    thereof as defined in subparagraph (A) of paragraph (1) of 
16
    this subsection (d) is a Class 2 felony. Aggravated driving 
17
    under the influence of alcohol, other drug or drugs,
or 
18
    intoxicating compound or compounds, or any combination 
19
    thereof as
defined in subparagraph (F) of paragraph (1) of 
20
    this subsection (d) is
a Class 2 felony, for which the 
21
    defendant, if sentenced to a term of
imprisonment, shall be 
22
    sentenced to: (A) a
term of imprisonment of not less than 3 
23
    years and not more
than 14 years if the violation resulted 
24
    in the death of one person; or
(B) a term of imprisonment 
25
    of not less than 6 years and not
more than 28 years if the 
26
    violation resulted in the deaths of 2 or more
persons.
For 
27
    any prosecution under this subsection
(d), a certified copy 
28
    of the
driving abstract of the defendant shall be admitted 
29
    as proof of any prior
conviction.
Any person sentenced 
30
    under this subsection (d) who receives a term of
probation

31
    or conditional discharge must serve a minimum term of 
32
    either 480 hours of
community service or 10 days of 
33
    imprisonment as a condition of the probation or
conditional 
34
    discharge. This mandatory minimum term of imprisonment or

35
    assignment of community service may not be suspended or 
36
    reduced by the court.


 


 






HB4139
- 55 -
LRB094 14531 DRH 49468 b




1
    (e) After a finding of guilt and prior to any final 
2
sentencing, or an
order for supervision, for an offense based 
3
upon an arrest for a
violation of this Section or a similar 
4
provision of a local ordinance,
individuals shall be required 
5
to undergo a professional evaluation to
determine if an 
6
alcohol, drug, or intoxicating compound abuse problem exists

7
and the
extent of the problem, and undergo the imposition of 
8
treatment as appropriate.
Programs conducting these 
9
evaluations shall be
licensed by the Department of Human 
10
Services.  The cost of any professional
evaluation shall be paid 
11
for by the
individual
required to undergo the professional 
12
evaluation.


13
    (e-1) Any person who is found guilty of or pleads guilty to 
14
violating this
Section, including any person receiving a 
15
disposition of court supervision for
violating this Section, 
16
may be required by the Court to attend a victim
impact panel 
17
offered by, or under contract with, a County State's Attorney's

18
office, a probation and court services department, Mothers 
19
Against Drunk
Driving,
or the Alliance Against Intoxicated 
20
Motorists.
All costs generated by
the victim impact panel shall 
21
be paid from fees collected from the
offender or as may be 
22
determined by the court.


23
    (f) Every person found guilty of violating this Section, 
24
whose
operation of a motor vehicle while in violation of this 
25
Section proximately
caused any incident resulting in an 
26
appropriate emergency response, shall
be liable for the expense 
27
of an emergency response as provided under
Section 5-5-3 of the 
28
Unified Code of Corrections.


29
    (g) The Secretary of State shall revoke the driving 
30
privileges of any
person convicted under this Section or a 
31
similar provision of a local
ordinance.


32
    (h) (Blank).



33
    (i) The Secretary of State shall require the use of 
34
ignition interlock
devices on all vehicles owned by an 
35
individual who has been convicted of a
second
or subsequent 
36
offense of this Section or a similar provision of a local

 


 






HB4139
- 56 -
LRB094 14531 DRH 49468 b




1
ordinance.  The Secretary shall establish by rule and regulation 
2
the procedures
for certification and use of the interlock 
3
system.


4
    (j) In addition to any other penalties and liabilities, a 
5
person who is
found guilty of or pleads guilty to violating 
6
subsection (a), including any
person placed on court 
7
supervision for violating subsection (a), shall be fined
$500, 
8
payable to the
circuit clerk, who shall distribute the money as 
9
follows: 20% to the law enforcement agency
that made the arrest 
10
and 80% shall be forwarded to the State Treasurer for deposit 
11
into the General Revenue Fund.  If the person has been 
12
previously convicted of violating
subsection (a) or a similar 
13
provision of a local
ordinance, the fine shall be
$1,000.  In 
14
the event that more than one agency is responsible
for the 
15
arrest, the amount payable to law enforcement agencies  shall be 
16
shared equally.  Any moneys received
by a law
enforcement agency 
17
under this subsection (j) shall be used to purchase law

18
enforcement equipment that will assist in the prevention of 
19
alcohol related
criminal violence throughout the State.  This 
20
shall include, but is not limited
to, in-car video cameras, 
21
radar and laser speed detection devices, and alcohol
breath 
22
testers.
Any moneys received by the Department of State Police 
23
under this subsection
(j) shall be deposited into the State 
24
Police DUI Fund and shall be used to
purchase law enforcement 
25
equipment that will assist in the prevention of
alcohol related 
26
criminal violence throughout the State.


27
    (k) The Secretary of State Police DUI Fund is created as a 
28
special
fund in the State treasury. All moneys received by the 
29
Secretary of State
Police under subsection (j) of this Section 
30
shall be deposited into the
Secretary of State Police DUI Fund 
31
and, subject to appropriation, shall be
used to purchase law 
32
enforcement equipment to assist in the prevention of
alcohol 
33
related criminal violence throughout the State.


34
    (l) Whenever an individual is sentenced for an offense 
35
based upon an
arrest for a violation of subsection (a) or a 
36
similar provision of a local
ordinance, and the professional 
 


 






HB4139
- 57 -
LRB094 14531 DRH 49468 b




1
evaluation recommends remedial or
rehabilitative treatment or 
2
education, neither the treatment nor the education
shall be the 
3
sole disposition and either or both may be imposed only in

4
conjunction with another disposition. The court shall monitor 
5
compliance with
any remedial education or treatment 
6
recommendations contained in the
professional evaluation. 
7
Programs conducting alcohol or other drug evaluation
or 
8
remedial education must be licensed by the Department of Human 
9
Services. If
the individual is not a resident of Illinois, 
10
however, the court may accept an
alcohol or other drug 
11
evaluation or remedial education program in the
individual's 
12
state of residence.  Programs providing treatment must be 
13
licensed
under existing applicable alcoholism and drug 
14
treatment licensure standards.

15
    (m) In addition to any other fine or penalty required by 
16
law, an individual
convicted of a violation of subsection (a), 
17
Section 5-7 of the Snowmobile
Registration and Safety Act, 
18
Section 5-16 of the Boat Registration and Safety
Act, or a 
19
similar provision, whose operation of a motor vehicle, 
20
snowmobile, or
watercraft while in
violation of subsection (a), 
21
Section 5-7 of the Snowmobile Registration and
Safety Act, 
22
Section 5-16 of the Boat Registration and Safety Act, or a 
23
similar
provision proximately caused an incident resulting in 
24
an appropriate emergency
response, shall be required to make 
25
restitution to a public agency for the
costs of that emergency 
26
response. The restitution may not exceed $1,000 per
public 
27
agency for each emergency response. As used in this subsection 
28
(m),
"emergency response" means any incident requiring a 
29
response by a police
officer, a firefighter carried on the 
30
rolls of a regularly constituted fire
department, or an 
31
ambulance.


32
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
33
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
34
93-840, eff. 7-30-04; 94-116, eff. 1-1-06.)

 
35
    (Text of Section from P.A. 94-329)
 


 






HB4139
- 58 -
LRB094 14531 DRH 49468 b




1
    Sec. 11-501. Driving while under the influence of alcohol, 
2
other drug or
drugs, intoxicating compound or compounds or any 
3
combination thereof.


4
    (a) A person shall not drive or be in actual
physical 
5
control of any vehicle within this State while:


6
        (1) the alcohol concentration in the person's blood or 
7
    breath is 0.08
or more based on the definition of blood and 
8
    breath units in Section 11-501.2;


9
        (2) under the influence of alcohol;


10
        (3) under the influence of any intoxicating compound or 
11
    combination of
intoxicating compounds to a degree that 
12
    renders the person incapable of
driving safely;


13
        (4) under the influence of any other drug or 
14
    combination of drugs to a
degree that renders the person 
15
    incapable of safely driving;


16
        (5) under the combined influence of alcohol, other drug 
17
    or drugs, or
intoxicating compound or compounds to a degree 
18
    that renders the person
incapable of safely driving; or


19
        (6) there is any amount of a drug, substance, or 
20
    compound in the
person's breath, blood, or urine resulting 
21
    from the unlawful use or consumption
of cannabis listed in 
22
    the Cannabis Control Act, a controlled substance listed
in 
23
    the Illinois Controlled Substances Act, or an intoxicating 
24
    compound listed
in the Use of Intoxicating Compounds Act.


25
    (b) The fact that any person charged with violating this 
26
Section is or
has been legally entitled to use alcohol, other 
27
drug or drugs, or
intoxicating compound or compounds, or any

28
combination thereof,  shall not constitute a defense against any 
29
charge of
violating this Section.


30
    (b-1) With regard to penalties imposed under this Section:

31
        (1) Any reference to a prior violation of subsection 
32
    (a) or a similar
provision includes any violation of a 
33
    provision of a local ordinance or a
provision of a law of 
34
    another state that is similar to a violation of
subsection 
35
    (a) of this Section.

36
        (2) Any penalty imposed for driving with a license that 
 


 






HB4139
- 59 -
LRB094 14531 DRH 49468 b




1
    has been revoked
for a previous violation of subsection (a) 
2
    of this Section shall be in
addition to the penalty imposed 
3
    for any subsequent violation of subsection (a).

4
    (b-2) Except as otherwise provided in this Section, any 
5
person convicted of
violating subsection (a) of this Section is 
6
guilty of a Class A misdemeanor.

7
    (b-3) In addition to any other criminal or administrative 
8
sanction for any
second conviction of violating subsection (a) 
9
or a similar provision committed
within 5 years of a previous 
10
violation of subsection (a) or a similar
provision, the 
11
defendant shall be sentenced to a mandatory minimum of 5 days 
12
of
imprisonment or assigned a mandatory minimum of 240 hours of 
13
community service
as may be determined by the court.

14
    (b-4) In the case of a third or subsequent violation 
15
committed within 5
years of a previous violation of subsection 
16
(a) or a similar provision, in
addition to any other criminal 
17
or administrative sanction, a mandatory minimum
term of either 
18
10 days of imprisonment or 480 hours of community service shall

19
be imposed.

20
    (b-5) The imprisonment or assignment of community service 
21
under subsections
(b-3) and (b-4) shall not be subject to 
22
suspension, nor shall the person be
eligible for a reduced 
23
sentence.


24
    (c) (Blank).



25
    (c-1) (1) A person who violates subsection (a)

during
a 
26
    period in which his
or her driving privileges are revoked 
27
    or suspended, where the revocation or
suspension was for a 
28
    violation of subsection (a), Section
11-501.1, paragraph 
29
    (b)
of Section 11-401, or for reckless homicide as defined 
30
    in Section 9-3 of
the Criminal Code of 1961 is guilty of 
31
    aggravated driving under the influence of alcohol, other 
32
    drug or drugs, intoxicating compound or compounds, or any 
33
    combination thereof and is guilty of a
Class 4 felony.


34
        (2) A person who violates subsection (a) a third
time, 
35
    if the third violation occurs during a period in
which his 
36
    or her driving privileges are revoked or suspended where 
 


 






HB4139
- 60 -
LRB094 14531 DRH 49468 b




1
    the
revocation
or suspension was for a violation of 
2
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
3
    11-401, or for reckless homicide as defined in Section 9-3

4
    of the Criminal Code of 1961, is guilty of aggravated 
5
    driving under the influence of alcohol, other drug or 
6
    drugs, intoxicating compound or compounds, or any 
7
    combination thereof and is guilty of
a Class 3 felony.
8
        (2.1) A person who violates subsection (a) a third 
9
    time, if the third
violation occurs during a period in 
10
    which his or her driving privileges are
revoked or 
11
    suspended where the revocation or suspension was for a 
12
    violation of
subsection (a), Section 11-501.1, subsection 
13
    (b) of Section 11-401, or for
reckless homicide as defined 
14
    in Section
9-3 of the Criminal Code of 1961, is guilty of 
15
    aggravated driving under the influence of alcohol, other 
16
    drug or drugs, intoxicating compound or compounds, or any 
17
    combination thereof and is guilty of a Class 3 felony; and 
18
    if the
person receives a term of
probation or conditional 
19
    discharge, he or she shall be required to serve a
mandatory

20
    minimum of 10 days of imprisonment or shall be assigned a 
21
    mandatory minimum of
480 hours of community service, as may 
22
    be determined by the court, as a
condition of the probation 
23
    or conditional discharge. This mandatory minimum
term of 
24
    imprisonment or assignment of community service shall not 
25
    be suspended
or reduced by the court.

26
        (2.2) A person who violates subsection (a), if the

27
    violation occurs during a period in which his or her 
28
    driving privileges are
revoked or suspended where the 
29
    revocation or suspension was for a violation of
subsection 
30
    (a) or Section 11-501.1, is guilty of aggravated driving 
31
    under the influence of alcohol, other drug or drugs, 
32
    intoxicating compound or compounds, or any combination 
33
    thereof and shall also be sentenced to an additional

34
    mandatory minimum term of 30 consecutive days of 
35
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
36
    720 hours of community service, as may be
determined by the 
 


 






HB4139
- 61 -
LRB094 14531 DRH 49468 b




1
    court.  This mandatory term of imprisonment or assignment of

2
    community service shall  not be suspended or reduced by the 
3
    court.


4
        (3) A person who violates subsection (a) a fourth or

5
    subsequent time, if the fourth or subsequent violation 
6
    occurs
during a period in which his
or her driving 
7
    privileges are revoked or suspended where the revocation
or 
8
    suspension was for a violation of subsection (a),
Section 
9
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
10
    homicide as defined in
Section 9-3
of
the Criminal Code of 
11
    1961, is guilty of aggravated driving under the influence 
12
    of alcohol, other drug or drugs, intoxicating compound or 
13
    compounds, or any combination thereof and is guilty of
a 
14
    Class 2 felony, and is not eligible for a sentence of 
15
    probation or
conditional discharge.


16
    (c-2) (Blank).


17
    (c-3) (Blank).



18
    (c-4) (Blank).

19
    (c-5) A person who violates subsection (a), if the person 
20
was transporting
a person under the age of 16 at the time of 
21
the violation, is subject to an
additional mandatory minimum 
22
fine of $1,000, an additional mandatory minimum
140 hours of 
23
community service, which shall include 40 hours of community

24
service in a program benefiting children, and an additional 2 
25
days of
imprisonment. The imprisonment or assignment of 
26
community service under this
subsection (c-5) is not subject to 
27
suspension, nor is the person eligible for
a reduced sentence.

28
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
29
person who
violates
subsection (a) a second time, if at the 
30
time of
the second violation the person was transporting a 
31
person under the age of 16,
is subject to an additional 10 days 
32
of imprisonment, an additional mandatory
minimum fine of 
33
$1,000, and an additional mandatory minimum 140 hours of

34
community service, which shall include 40 hours of community 
35
service in a
program benefiting children.
The imprisonment or 
36
assignment of community service under this subsection (c-6)
is 
 


 






HB4139
- 62 -
LRB094 14531 DRH 49468 b




1
not subject to suspension, nor is the person eligible for a 
2
reduced
sentence.

3
    (c-7) Except as provided in subsection (c-8), any person 
4
convicted of
violating subsection (c-6) or a similar
provision 
5
within 10 years of a previous violation of subsection (a) or a

6
similar provision shall receive, in addition to any other 
7
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
8
additional 40 hours of mandatory
community service in a program 
9
benefiting children, and a mandatory minimum
fine of $1,750. 
10
The imprisonment or assignment of community service under this

11
subsection (c-7) is not subject to suspension, nor is the 
12
person
eligible for a reduced sentence.

13
    (c-8) Any person convicted of violating subsection (c-6) or 
14
a similar
provision within 5 years of a previous violation of 
15
subsection (a) or a similar
provision shall receive, in 
16
addition to any other penalty imposed, an
additional 80 hours 
17
of mandatory community service in a program benefiting

18
children, an additional mandatory minimum 12 days of 
19
imprisonment, and a
mandatory minimum fine of $1,750. The 
20
imprisonment or assignment of community
service under this 
21
subsection (c-8) is not subject to suspension, nor
is the

22
person eligible for a reduced sentence.

23
    (c-9) Any person convicted a third time for violating 
24
subsection (a) or a
similar provision, if at the time of the 
25
third violation the person was
transporting a person under the 
26
age of 16, is guilty of a Class 4 felony and shall
receive, in 
27
addition to any other
penalty imposed, an additional mandatory 
28
fine of $1,000, an additional
mandatory 140 hours of community 
29
service, which shall include 40 hours in a
program benefiting 
30
children, and a mandatory minimum 30 days of imprisonment.
The 
31
imprisonment or assignment of community service under this 
32
subsection (c-9)
is not subject to suspension, nor is the 
33
person eligible for a reduced
sentence.

34
    (c-10) Any person convicted of violating subsection (c-9) 
35
or a similar
provision a third time within 20 years of a 
36
previous violation of subsection
(a) or a
similar provision is 
 


 






HB4139
- 63 -
LRB094 14531 DRH 49468 b




1
guilty of a Class 4 felony and shall receive, in addition
to 
2
any other penalty imposed, an additional mandatory 40 hours of 
3
community
service in a program benefiting children, an 
4
additional mandatory fine of

$3,000, and a mandatory minimum 
5
120 days of imprisonment. The imprisonment or
assignment of 
6
community service under this subsection (c-10) is not subject 
7
to
suspension, nor is the person eligible for a reduced 
8
sentence.

9
    (c-11) Any person convicted a fourth or subsequent time for 
10
violating
subsection (a) or a similar provision, if at the time 
11
of the fourth or
subsequent violation the person was 
12
transporting a person under the age of 16,
and if the person's 
13
3 prior violations of subsection (a) or a similar provision

14
occurred while transporting a person under the age of 16 or 
15
while the alcohol
concentration in his or her blood, breath, or 
16
urine was 0.16 or more based
on the definition of blood, 
17
breath, or urine units in Section 11-501.2, is
guilty of a 
18
Class 2 felony, is not eligible for probation or conditional

19
discharge, and is subject to a minimum fine of $3,000.

20
    (c-12) Any person convicted of a first violation of 
21
subsection (a) or a
similar provision, if the alcohol 
22
concentration in his or her blood, breath, or
urine was 0.16 or 
23
more based on the definition of blood, breath, or urine
units 
24
in Section 11-501.2, shall be subject, in addition to any other 
25
penalty
that may be imposed, to a mandatory minimum of 100 
26
hours of community service
and a mandatory minimum fine of 
27
$500.

28
    (c-13) Any person convicted of a second violation of 
29
subsection (a) or a similar provision committed within 10 years 
30
of a previous violation of subsection (a) or a similar 
31
provision committed within 10 years of a previous violation of 
32
subsection (a) or a similar provision, if at the time of the 
33
second violation of subsection (a) the
alcohol concentration in 
34
his or her blood, breath, or urine was 0.16 or more
based on 
35
the definition of blood, breath, or urine units in Section 
36
11-501.2,
shall be
subject, in addition to any other penalty 
 


 






HB4139
- 64 -
LRB094 14531 DRH 49468 b




1
that may be imposed, to a mandatory
minimum of 2 days of 
2
imprisonment and a mandatory minimum fine of $1,250.

3
    (c-14) Any person convicted of a third violation of 
4
subsection (a) or a
similar provision within 20 years of a 
5
previous violation of subsection (a) or
a
similar provision, if 
6
at the time of the third violation of subsection (a) or a

7
similar provision the alcohol concentration in his or her 
8
blood, breath, or
urine was 0.16 or more based on the 
9
definition of blood, breath, or urine units
in Section 
10
11-501.2, is guilty of a Class 4 felony and shall be subject, 
11
in
addition to any other penalty that may be imposed, to a 
12
mandatory minimum of
90 days of imprisonment and a mandatory 
13
minimum fine of $2,500.

14
    (c-15) Any person convicted of a fourth or subsequent 
15
violation of
subsection
(a) or a similar provision, if at the 
16
time of the fourth or subsequent
violation the alcohol 
17
concentration in his or her blood, breath, or urine was
0.16 or 
18
more based on the definition of blood, breath, or urine units 
19
in
Section 11-501.2, and if the person's 3 prior violations of 
20
subsection (a) or a
similar provision occurred while 
21
transporting a person under the age of 16 or
while the alcohol 
22
concentration in his or her blood, breath, or urine was 0.16
or 
23
more based on the definition of blood, breath, or urine units 
24
in Section
11-501.2, is guilty of a Class 2 felony and is not 
25
eligible for a sentence of
probation or conditional discharge 
26
and is subject to a minimum fine of
$2,500.


27
    (d) (1) Every person convicted of committing a violation of 
28
    this Section
shall be guilty of aggravated driving under 
29
    the influence of alcohol,
other drug or drugs, or 
30
    intoxicating compound or compounds, or any combination

31
    thereof if:


32
            (A) the person committed a violation of subsection 
33
        (a) or a similar
provision for the
third or subsequent 
34
        time;


35
            (B) the person committed a violation of subsection 
36
        (a)
while
driving a school bus with persons 18 years of 
 


 






HB4139
- 65 -
LRB094 14531 DRH 49468 b




1
        age or younger

on board;


2
            (C) the person in committing a violation of 
3
        subsection
(a) was
involved in a motor vehicle accident 
4
        that resulted in great bodily harm or
permanent 
5
        disability or disfigurement to another, when the 
6
        violation was
a proximate cause of the injuries;


7
            (D) the person committed a violation of subsection 
8
        (a)
for a
second time and has been previously convicted 
9
        of violating Section 9-3 of the
Criminal Code of 1961 
10
        or a similar provision of a law of another state 
11
        relating to reckless homicide in which the person was

12
        determined to have been under the influence of alcohol, 
13
        other drug or
drugs, or intoxicating compound or 
14
        compounds as an element of the offense or
the person 
15
        has previously been convicted
under subparagraph (C) 
16
        or subparagraph (F) of this paragraph (1);


17
            (E) the person, in committing a violation of 
18
        subsection (a) while
driving at any speed in a school 
19
        speed zone at a time when a speed limit of
20 miles per 
20
        hour was in effect under subsection (a) of Section 
21
        11-605 of
this Code, was involved in a motor vehicle 
22
        accident that resulted in bodily
harm, other than great 
23
        bodily harm or permanent disability or disfigurement,

24
        to another person, when the violation of subsection (a) 
25
        was a
proximate cause
of the bodily harm; or


26
            (F) the person, in committing a violation of 
27
        subsection (a), was
involved in a motor vehicle, 
28
        snowmobile, all-terrain vehicle, or watercraft

29
        accident that resulted in
the death of another person, 
30
        when the violation of subsection
(a) was
a proximate 
31
        cause of the death;


32
            (G) the person committed the violation while he or 
33
        she did not possess a driver's license or permit or a 
34
        restricted driving permit or a judicial driving 
35
        permit; or

36
            (H) the person committed the violation while he or 
 


 






HB4139
- 66 -
LRB094 14531 DRH 49468 b




1
        she knew or should have known that the vehicle he or 
2
        she was driving was not covered by a liability 
3
        insurance policy.

4
        (2) Except as provided in this paragraph (2) and in 
5
    paragraphs (2), (2.1), and (3) of subsection (c-1), a 
6
    person convicted of
aggravated driving under
the
influence 
7
    of alcohol, other drug or
drugs,
or intoxicating compound 
8
    or compounds, or any
combination thereof is guilty of a 
9
    Class 4 felony.  For a violation of
subparagraph (C)
of

10
    paragraph (1) of this subsection (d), the defendant, if 
11
    sentenced to a term
of imprisonment, shall be sentenced
to 
12
    not less than
one year nor more than 12 years.
Aggravated 
13
    driving under the influence of alcohol, other drug or 
14
    drugs,
or intoxicating compound or compounds, or any 
15
    combination thereof as
defined in subparagraph (F) of 
16
    paragraph (1) of this subsection (d) is
a Class 2 felony, 
17
    for which the defendant, if sentenced to a term of

18
    imprisonment, shall be sentenced to: (A) a
term of 
19
    imprisonment of not less than 3 years and not more
than 14 
20
    years if the violation resulted in the death of one person; 
21
    or
(B) a term of imprisonment of not less than 6 years and 
22
    not
more than 28 years if the violation resulted in the 
23
    deaths of 2 or more
persons.
For any prosecution under this 
24
    subsection
(d), a certified copy of the
driving abstract of 
25
    the defendant shall be admitted as proof of any prior

26
    conviction.
Any person sentenced under this subsection (d) 
27
    who receives a term of
probation
or conditional discharge 
28
    must serve a minimum term of either 480 hours of
community 
29
    service or 10 days of imprisonment as a condition of the 
30
    probation or
conditional discharge. This mandatory minimum 
31
    term of imprisonment or
assignment of community service may 
32
    not be suspended or reduced by the court.


33
    (e) After a finding of guilt and prior to any final 
34
sentencing, or an
order for supervision, for an offense based 
35
upon an arrest for a
violation of this Section or a similar 
36
provision of a local ordinance,
individuals shall be required 
 


 






HB4139
- 67 -
LRB094 14531 DRH 49468 b




1
to undergo a professional evaluation to
determine if an 
2
alcohol, drug, or intoxicating compound abuse problem exists

3
and the
extent of the problem, and undergo the imposition of 
4
treatment as appropriate.
Programs conducting these 
5
evaluations shall be
licensed by the Department of Human 
6
Services.  The cost of any professional
evaluation shall be paid 
7
for by the
individual
required to undergo the professional 
8
evaluation.


9
    (e-1) Any person who is found guilty of or pleads guilty to 
10
violating this
Section, including any person receiving a 
11
disposition of court supervision for
violating this Section, 
12
may be required by the Court to attend a victim
impact panel 
13
offered by, or under contract with, a County State's Attorney's

14
office, a probation and court services department, Mothers 
15
Against Drunk
Driving,
or the Alliance Against Intoxicated 
16
Motorists.
All costs generated by
the victim impact panel shall 
17
be paid from fees collected from the
offender or as may be 
18
determined by the court.


19
    (f) Every person found guilty of violating this Section, 
20
whose
operation of a motor vehicle while in violation of this 
21
Section proximately
caused any incident resulting in an 
22
appropriate emergency response, shall
be liable for the expense 
23
of an emergency response as provided under
Section 5-5-3 of the 
24
Unified Code of Corrections.


25
    (g) The Secretary of State shall revoke the driving 
26
privileges of any
person convicted under this Section or a 
27
similar provision of a local
ordinance.


28
    (h) (Blank).



29
    (i) The Secretary of State shall require the use of 
30
ignition interlock
devices on all vehicles owned by an 
31
individual who has been convicted of a
second
or subsequent 
32
offense of this Section or a similar provision of a local

33
ordinance.  The Secretary shall establish by rule and regulation 
34
the procedures
for certification and use of the interlock 
35
system.


36
    (j) In addition to any other penalties and liabilities, a 
 


 






HB4139
- 68 -
LRB094 14531 DRH 49468 b




1
person who is
found guilty of or pleads guilty to violating 
2
subsection (a), including any
person placed on court 
3
supervision for violating subsection (a), shall be fined
$500, 
4
payable to the
circuit clerk, who shall distribute the money as 
5
follows: 20% to the law enforcement agency
that made the arrest 
6
and 80% shall be forwarded to the State Treasurer for deposit 
7
into the General Revenue Fund.  If the person has been 
8
previously convicted of violating
subsection (a) or a similar 
9
provision of a local
ordinance, the fine shall be
$1,000.  In 
10
the event that more than one agency is responsible
for the 
11
arrest, the amount payable to law enforcement agencies  shall be 
12
shared equally.  Any moneys received
by a law
enforcement agency 
13
under this subsection (j) shall be used to purchase law

14
enforcement equipment that will assist in the prevention of 
15
alcohol related
criminal violence throughout the State.  This 
16
shall include, but is not limited
to, in-car video cameras, 
17
radar and laser speed detection devices, and alcohol
breath 
18
testers.
Any moneys received by the Department of State Police 
19
under this subsection
(j) shall be deposited into the State 
20
Police DUI Fund and shall be used to
purchase law enforcement 
21
equipment that will assist in the prevention of
alcohol related 
22
criminal violence throughout the State.


23
    (k) The Secretary of State Police DUI Fund is created as a 
24
special
fund in the State treasury. All moneys received by the 
25
Secretary of State
Police under subsection (j) of this Section 
26
shall be deposited into the
Secretary of State Police DUI Fund 
27
and, subject to appropriation, shall be
used to purchase law 
28
enforcement equipment to assist in the prevention of
alcohol 
29
related criminal violence throughout the State.


30
    (l) Whenever an individual is sentenced for an offense 
31
based upon an
arrest for a violation of subsection (a) or a 
32
similar provision of a local
ordinance, and the professional 
33
evaluation recommends remedial or
rehabilitative treatment or 
34
education, neither the treatment nor the education
shall be the 
35
sole disposition and either or both may be imposed only in

36
conjunction with another disposition. The court shall monitor 
 


 






HB4139
- 69 -
LRB094 14531 DRH 49468 b




1
compliance with
any remedial education or treatment 
2
recommendations contained in the
professional evaluation. 
3
Programs conducting alcohol or other drug evaluation
or 
4
remedial education must be licensed by the Department of Human 
5
Services. If
the individual is not a resident of Illinois, 
6
however, the court may accept an
alcohol or other drug 
7
evaluation or remedial education program in the
individual's 
8
state of residence.  Programs providing treatment must be 
9
licensed
under existing applicable alcoholism and drug 
10
treatment licensure standards.

11
    (m) In addition to any other fine or penalty required by 
12
law, an individual
convicted of a violation of subsection (a), 
13
Section 5-7 of the Snowmobile
Registration and Safety Act, 
14
Section 5-16 of the Boat Registration and Safety
Act, or a 
15
similar provision, whose operation of a motor vehicle, 
16
snowmobile, or
watercraft while in
violation of subsection (a), 
17
Section 5-7 of the Snowmobile Registration and
Safety Act, 
18
Section 5-16 of the Boat Registration and Safety Act, or a 
19
similar
provision proximately caused an incident resulting in 
20
an appropriate emergency
response, shall be required to make 
21
restitution to a public agency for the
costs of that emergency 
22
response. The restitution may not exceed $1,000 per
public 
23
agency for each emergency response. As used in this subsection 
24
(m),
"emergency response" means any incident requiring a 
25
response by a police
officer, a firefighter carried on the 
26
rolls of a regularly constituted fire
department, or an 
27
ambulance.


28
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
29
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
30
93-840, eff. 7-30-04; 94-329, eff. 1-1-06.)

 
31
    (Text of Section from P.A. 94-609)
32
    Sec. 11-501. Driving while under the influence of alcohol, 
33
other drug or
drugs, intoxicating compound or compounds or any 
34
combination thereof.


35
    (a) A person shall not drive or be in actual
physical 
 


 






HB4139
- 70 -
LRB094 14531 DRH 49468 b




1
control of any vehicle within this State while:


2
        (1) the alcohol concentration in the person's blood or 
3
    breath is 0.08
or more based on the definition of blood and 
4
    breath units in Section 11-501.2;


5
        (2) under the influence of alcohol;


6
        (3) under the influence of any intoxicating compound or 
7
    combination of
intoxicating compounds to a degree that 
8
    renders the person incapable of
driving safely;


9
        (4) under the influence of any other drug or 
10
    combination of drugs to a
degree that renders the person 
11
    incapable of safely driving;


12
        (5) under the combined influence of alcohol, other drug 
13
    or drugs, or
intoxicating compound or compounds to a degree 
14
    that renders the person
incapable of safely driving; or


15
        (6) there is any amount of a drug, substance, or 
16
    compound in the
person's breath, blood, or urine resulting 
17
    from the unlawful use or consumption
of cannabis listed in 
18
    the Cannabis Control Act, a controlled substance listed
in 
19
    the Illinois Controlled Substances Act, or an intoxicating 
20
    compound listed
in the Use of Intoxicating Compounds Act.


21
    (b) The fact that any person charged with violating this 
22
Section is or
has been legally entitled to use alcohol, other 
23
drug or drugs, or
intoxicating compound or compounds, or any

24
combination thereof,  shall not constitute a defense against any 
25
charge of
violating this Section.


26
    (b-1) With regard to penalties imposed under this Section:

27
        (1) Any reference to a prior violation of subsection 
28
    (a) or a similar
provision includes any violation of a 
29
    provision of a local ordinance or a
provision of a law of 
30
    another state that is similar to a violation of
subsection 
31
    (a) of this Section.

32
        (2) Any penalty imposed for driving with a license that 
33
    has been revoked
for a previous violation of subsection (a) 
34
    of this Section shall be in
addition to the penalty imposed 
35
    for any subsequent violation of subsection (a).

36
    (b-2) Except as otherwise provided in this Section, any 
 


 






HB4139
- 71 -
LRB094 14531 DRH 49468 b




1
person convicted of
violating subsection (a) of this Section is 
2
guilty of a Class A misdemeanor.

3
    (b-3) In addition to any other criminal or administrative 
4
sanction for any
second conviction of violating subsection (a) 
5
or a similar provision committed
within 5 years of a previous 
6
violation of subsection (a) or a similar
provision, the 
7
defendant shall be sentenced to a mandatory minimum of 5 days 
8
of
imprisonment or assigned a mandatory minimum of 240 hours of 
9
community service
as may be determined by the court.

10
    (b-4) In the case of a third or subsequent violation 
11
committed within 5
years of a previous violation of subsection 
12
(a) or a similar provision, in
addition to any other criminal 
13
or administrative sanction, a mandatory minimum
term of either 
14
10 days of imprisonment or 480 hours of community service shall

15
be imposed.

16
    (b-5) The imprisonment or assignment of community service 
17
under subsections
(b-3) and (b-4) shall not be subject to 
18
suspension, nor shall the person be
eligible for a reduced 
19
sentence.


20
    (c) (Blank).



21
    (c-1) (1) A person who violates subsection (a)

during
a 
22
    period in which his
or her driving privileges are revoked 
23
    or suspended, where the revocation or
suspension was for a 
24
    violation of subsection (a), Section
11-501.1, paragraph 
25
    (b)
of Section 11-401, or for reckless homicide as defined 
26
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

27
    Class 4 felony.


28
        (2) A person who violates subsection (a) a third
time, 
29
    if the third violation occurs during a period in
which his 
30
    or her driving privileges are revoked or suspended where 
31
    the
revocation
or suspension was for a violation of 
32
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
33
    11-401, or for reckless homicide as defined in Section 9-3

34
    of the Criminal Code of 1961, is guilty of
a Class 3 
35
    felony.
36
        (2.1) A person who violates subsection (a) a third 
 


 






HB4139
- 72 -
LRB094 14531 DRH 49468 b




1
    time, if the third
violation occurs during a period in 
2
    which his or her driving privileges are
revoked or 
3
    suspended where the revocation or suspension was for a 
4
    violation of
subsection (a), Section 11-501.1, subsection 
5
    (b) of Section 11-401, or for
reckless homicide as defined 
6
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
7
    Class 3 felony; and if the
person receives a term of

8
    probation or conditional discharge, he or she shall be 
9
    required to serve a
mandatory
minimum of 10 days of 
10
    imprisonment or shall be assigned a mandatory minimum of

11
    480 hours of community service, as may be determined by the 
12
    court, as a
condition of the probation or conditional 
13
    discharge. This mandatory minimum
term of imprisonment or 
14
    assignment of community service shall not be suspended
or 
15
    reduced by the court.

16
        (2.2) A person who violates subsection (a), if the

17
    violation occurs during a period in which his or her 
18
    driving privileges are
revoked or suspended where the 
19
    revocation or suspension was for a violation of
subsection 
20
    (a) or Section 11-501.1, shall also be sentenced to an 
21
    additional
mandatory minimum term of 30 consecutive days of 
22
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
23
    720 hours of community service, as may be
determined by the 
24
    court.  This mandatory term of imprisonment or assignment of

25
    community service shall  not be suspended or reduced by the 
26
    court.


27
        (3) A person who violates subsection (a) a fourth or

28
    subsequent time, if the fourth or subsequent violation 
29
    occurs
during a period in which his
or her driving 
30
    privileges are revoked or suspended where the revocation
or 
31
    suspension was for a violation of subsection (a),
Section 
32
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
33
    homicide as defined in
Section 9-3
of
the Criminal Code of 
34
    1961, is guilty of
a Class 2 felony and is not eligible for 
35
    a sentence of probation or
conditional discharge.


36
    (c-2) (Blank).


 


 






HB4139
- 73 -
LRB094 14531 DRH 49468 b




1
    (c-3) (Blank).



2
    (c-4) (Blank).

3
    (c-5) A person who violates subsection (a), if the person 
4
was transporting
a person under the age of 16 at the time of 
5
the violation, is subject to an
additional mandatory minimum 
6
fine of $1,000, an additional mandatory minimum
140 hours of 
7
community service, which shall include 40 hours of community

8
service in a program benefiting children, and an additional 2 
9
days of
imprisonment. The imprisonment or assignment of 
10
community service under this
subsection (c-5) is not subject to 
11
suspension, nor is the person eligible for
a reduced sentence.

12
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
13
person who
violates
subsection (a) a second time, if at the 
14
time of
the second violation the person was transporting a 
15
person under the age of 16,
is subject to an additional 10 days 
16
of imprisonment, an additional mandatory
minimum fine of 
17
$1,000, and an additional mandatory minimum 140 hours of

18
community service, which shall include 40 hours of community 
19
service in a
program benefiting children.
The imprisonment or 
20
assignment of community service under this subsection (c-6)
is 
21
not subject to suspension, nor is the person eligible for a 
22
reduced
sentence.

23
    (c-7) Except as provided in subsection (c-8), any person 
24
convicted of
violating subsection (c-6) or a similar
provision 
25
within 10 years of a previous violation of subsection (a) or a

26
similar provision shall receive, in addition to any other 
27
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
28
additional 40 hours of mandatory
community service in a program 
29
benefiting children, and a mandatory minimum
fine of $1,750. 
30
The imprisonment or assignment of community service under this

31
subsection (c-7) is not subject to suspension, nor is the 
32
person
eligible for a reduced sentence.

33
    (c-8) Any person convicted of violating subsection (c-6) or 
34
a similar
provision within 5 years of a previous violation of 
35
subsection (a) or a similar
provision shall receive, in 
36
addition to any other penalty imposed, an
additional 80 hours 
 


 






HB4139
- 74 -
LRB094 14531 DRH 49468 b




1
of mandatory community service in a program benefiting

2
children, an additional mandatory minimum 12 days of 
3
imprisonment, and a
mandatory minimum fine of $1,750. The 
4
imprisonment or assignment of community
service under this 
5
subsection (c-8) is not subject to suspension, nor
is the

6
person eligible for a reduced sentence.

7
    (c-9) Any person convicted a third time for violating 
8
subsection (a) or a
similar provision, if at the time of the 
9
third violation the person was
transporting a person under the 
10
age of 16, is guilty of a Class 4 felony and shall
receive, in 
11
addition to any other
penalty imposed, an additional mandatory 
12
fine of $1,000, an additional
mandatory 140 hours of community 
13
service, which shall include 40 hours in a
program benefiting 
14
children, and a mandatory minimum 30 days of imprisonment.
The 
15
imprisonment or assignment of community service under this 
16
subsection (c-9)
is not subject to suspension, nor is the 
17
person eligible for a reduced
sentence.

18
    (c-10) Any person convicted of violating subsection (c-9) 
19
or a similar
provision a third time within 20 years of a 
20
previous violation of subsection
(a) or a
similar provision is 
21
guilty of a Class 4 felony and shall receive, in addition
to 
22
any other penalty imposed, an additional mandatory 40 hours of 
23
community
service in a program benefiting children, an 
24
additional mandatory fine of

$3,000, and a mandatory minimum 
25
120 days of imprisonment. The imprisonment or
assignment of 
26
community service under this subsection (c-10) is not subject 
27
to
suspension, nor is the person eligible for a reduced 
28
sentence.

29
    (c-11) Any person convicted a fourth or subsequent time for 
30
violating
subsection (a) or a similar provision, if at the time 
31
of the fourth or
subsequent violation the person was 
32
transporting a person under the age of 16,
and if the person's 
33
3 prior violations of subsection (a) or a similar provision

34
occurred while transporting a person under the age of 16 or 
35
while the alcohol
concentration in his or her blood, breath, or 
36
urine was 0.16 or more based
on the definition of blood, 
 


 






HB4139
- 75 -
LRB094 14531 DRH 49468 b




1
breath, or urine units in Section 11-501.2, is
guilty of a 
2
Class 2 felony, is not eligible for probation or conditional

3
discharge, and is subject to a minimum fine of $3,000.

4
    (c-12) Any person convicted of a first violation of 
5
subsection (a) or a
similar provision, if the alcohol 
6
concentration in his or her blood, breath, or
urine was 0.16 or 
7
more based on the definition of blood, breath, or urine
units 
8
in Section 11-501.2, shall be subject, in addition to any other 
9
penalty
that may be imposed, to a mandatory minimum of 100 
10
hours of community service
and a mandatory minimum fine of 
11
$500.

12
    (c-13) Any person convicted of a second violation of 
13
subsection (a) or a similar provision committed within 10 years 
14
of a previous violation of subsection (a) or a similar 
15
provision committed within 10 years of a previous violation of 
16
subsection (a) or a similar provision, if at the time of the 
17
second violation of subsection (a) the
alcohol concentration in 
18
his or her blood, breath, or urine was 0.16 or more
based on 
19
the definition of blood, breath, or urine units in Section 
20
11-501.2,
shall be
subject, in addition to any other penalty 
21
that may be imposed, to a mandatory
minimum of 2 days of 
22
imprisonment and a mandatory minimum fine of $1,250.

23
    (c-14) Any person convicted of a third violation of 
24
subsection (a) or a
similar provision within 20 years of a 
25
previous violation of subsection (a) or
a
similar provision, if 
26
at the time of the third violation of subsection (a) or a

27
similar provision the alcohol concentration in his or her 
28
blood, breath, or
urine was 0.16 or more based on the 
29
definition of blood, breath, or urine units
in Section 
30
11-501.2, is guilty of a Class 4 felony and shall be subject, 
31
in
addition to any other penalty that may be imposed, to a 
32
mandatory minimum of
90 days of imprisonment and a mandatory 
33
minimum fine of $2,500.

34
    (c-15) Any person convicted of a fourth or subsequent 
35
violation of
subsection
(a) or a similar provision, if at the 
36
time of the fourth or subsequent
violation the alcohol 
 


 






HB4139
- 76 -
LRB094 14531 DRH 49468 b




1
concentration in his or her blood, breath, or urine was
0.16 or 
2
more based on the definition of blood, breath, or urine units 
3
in
Section 11-501.2, and if the person's 3 prior violations of 
4
subsection (a) or a
similar provision occurred while 
5
transporting a person under the age of 16 or
while the alcohol 
6
concentration in his or her blood, breath, or urine was 0.16
or 
7
more based on the definition of blood, breath, or urine units 
8
in Section
11-501.2, is guilty of a Class 2 felony and is not 
9
eligible for a sentence of
probation or conditional discharge 
10
and is subject to a minimum fine of
$2,500.


11
    (d) (1) Every person convicted of committing a violation of 
12
    this Section
shall be guilty of aggravated driving under 
13
    the influence of alcohol,
other drug or drugs, or 
14
    intoxicating compound or compounds, or any combination

15
    thereof if:


16
            (A) the person committed a violation of subsection 
17
        (a) or a similar
provision for the
third or subsequent 
18
        time;


19
            (B) the person committed a violation of subsection 
20
        (a)
while
driving a school bus with persons 18 years of 
21
        age or younger

on board;


22
            (C) the person in committing a violation of 
23
        subsection
(a) was
involved in a motor vehicle accident 
24
        that resulted in great bodily harm or
permanent 
25
        disability or disfigurement to another, when the 
26
        violation was
a proximate cause of the injuries;


27
            (D) the person committed a violation of subsection 
28
        (a)
for a
second time and has been previously convicted 
29
        of violating Section 9-3 of the
Criminal Code of 1961 
30
        or a similar provision of a law of another state 
31
        relating to reckless homicide in which the person was

32
        determined to have been under the influence of alcohol, 
33
        other drug or
drugs, or intoxicating compound or 
34
        compounds as an element of the offense or
the person 
35
        has previously been convicted
under subparagraph (C) 
36
        or subparagraph (F) of this paragraph (1);


 


 






HB4139
- 77 -
LRB094 14531 DRH 49468 b




1
            (E) the person, in committing a violation of 
2
        subsection (a) while
driving at any speed in a school 
3
        speed zone at a time when a speed limit of
20 miles per 
4
        hour was in effect under subsection (a) of Section 
5
        11-605 of
this Code, was involved in a motor vehicle 
6
        accident that resulted in bodily
harm, other than great 
7
        bodily harm or permanent disability or disfigurement,

8
        to another person, when the violation of subsection (a) 
9
        was a
proximate cause
of the bodily harm; or


10
            (F) the person, in committing a violation of 
11
        subsection (a), was
involved in a motor vehicle, 
12
        snowmobile, all-terrain vehicle, or watercraft

13
        accident that resulted in
the death of another person, 
14
        when the violation of subsection
(a) was
a proximate 
15
        cause of the death.


16
        (2) Except as provided in this paragraph (2), a person 
17
    convicted of
aggravated driving under
the
influence of 
18
    alcohol, other drug or
drugs,
or intoxicating compound or 
19
    compounds, or any
combination thereof is guilty of a Class 
20
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
21
    (1) of this subsection (d), the defendant, if sentenced to 
22
    a term
of imprisonment, shall be sentenced
to not less than

23
    one year nor more than 12 years.
Aggravated driving under 
24
    the influence of alcohol, other drug or drugs,
or 
25
    intoxicating compound or compounds, or any combination 
26
    thereof as
defined in subparagraph (F) of paragraph (1) of 
27
    this subsection (d) is
a Class 2 felony, for which the 
28
    defendant, unless the court determines that extraordinary 
29
    circumstances exist and require probation, shall be 
30
    sentenced to: (A) a
term of imprisonment of not less than 3 
31
    years and not more
than 14 years if the violation resulted 
32
    in the death of one person; or
(B) a term of imprisonment 
33
    of not less than 6 years and not
more than 28 years if the 
34
    violation resulted in the deaths of 2 or more
persons.
For 
35
    any prosecution under this subsection
(d), a certified copy 
36
    of the
driving abstract of the defendant shall be admitted 
 


 






HB4139
- 78 -
LRB094 14531 DRH 49468 b




1
    as proof of any prior
conviction.
Any person sentenced 
2
    under this subsection (d) who receives a term of
probation

3
    or conditional discharge must serve a minimum term of 
4
    either 480 hours of
community service or 10 days of 
5
    imprisonment as a condition of the probation or
conditional 
6
    discharge. This mandatory minimum term of imprisonment or

7
    assignment of community service may not be suspended or 
8
    reduced by the court.


9
    (e) After a finding of guilt and prior to any final 
10
sentencing, or an
order for supervision, for an offense based 
11
upon an arrest for a
violation of this Section or a similar 
12
provision of a local ordinance,
individuals shall be required 
13
to undergo a professional evaluation to
determine if an 
14
alcohol, drug, or intoxicating compound abuse problem exists

15
and the
extent of the problem, and undergo the imposition of 
16
treatment as appropriate.
Programs conducting these 
17
evaluations shall be
licensed by the Department of Human 
18
Services.  The cost of any professional
evaluation shall be paid 
19
for by the
individual
required to undergo the professional 
20
evaluation.


21
    (e-1) Any person who is found guilty of or pleads guilty to 
22
violating this
Section, including any person receiving a 
23
disposition of court supervision for
violating this Section, 
24
may be required by the Court to attend a victim
impact panel 
25
offered by, or under contract with, a County State's Attorney's

26
office, a probation and court services department, Mothers 
27
Against Drunk
Driving,
or the Alliance Against Intoxicated 
28
Motorists.
All costs generated by
the victim impact panel shall 
29
be paid from fees collected from the
offender or as may be 
30
determined by the court.


31
    (f) Every person found guilty of violating this Section, 
32
whose
operation of a motor vehicle while in violation of this 
33
Section proximately
caused any incident resulting in an 
34
appropriate emergency response, shall
be liable for the expense 
35
of an emergency response as provided under
Section 5-5-3 of the 
36
Unified Code of Corrections.


 


 






HB4139
- 79 -
LRB094 14531 DRH 49468 b




1
    (g) The Secretary of State shall revoke the driving 
2
privileges of any
person convicted under this Section or a 
3
similar provision of a local
ordinance.


4
    (h) (Blank).



5
    (i) The Secretary of State shall require the use of 
6
ignition interlock
devices on all vehicles owned by an 
7
individual who has been convicted of a
second
or subsequent 
8
offense of this Section or a similar provision of a local

9
ordinance.  The Secretary shall establish by rule and regulation 
10
the procedures
for certification and use of the interlock 
11
system.


12
    (j) In addition to any other penalties and liabilities, a 
13
person who is
found guilty of or pleads guilty to violating 
14
subsection (a), including any
person placed on court 
15
supervision for violating subsection (a), shall be fined
$500, 
16
payable to the
circuit clerk, who shall distribute the money as 
17
follows: 20% to the law enforcement agency
that made the arrest 
18
and 80% shall be forwarded to the State Treasurer for deposit 
19
into the General Revenue Fund.  If the person has been 
20
previously convicted of violating
subsection (a) or a similar 
21
provision of a local
ordinance, the fine shall be
$1,000.  In 
22
the event that more than one agency is responsible
for the 
23
arrest, the amount payable to law enforcement agencies  shall be 
24
shared equally.  Any moneys received
by a law
enforcement agency 
25
under this subsection (j) shall be used to purchase law

26
enforcement equipment that will assist in the prevention of 
27
alcohol related
criminal violence throughout the State.  This 
28
shall include, but is not limited
to, in-car video cameras, 
29
radar and laser speed detection devices, and alcohol
breath 
30
testers.
Any moneys received by the Department of State Police 
31
under this subsection
(j) shall be deposited into the State 
32
Police DUI Fund and shall be used to
purchase law enforcement 
33
equipment that will assist in the prevention of
alcohol related 
34
criminal violence throughout the State.


35
    (k) The Secretary of State Police DUI Fund is created as a 
36
special
fund in the State treasury. All moneys received by the 
 


 






HB4139
- 80 -
LRB094 14531 DRH 49468 b




1
Secretary of State
Police under subsection (j) of this Section 
2
shall be deposited into the
Secretary of State Police DUI Fund 
3
and, subject to appropriation, shall be
used to purchase law 
4
enforcement equipment to assist in the prevention of
alcohol 
5
related criminal violence throughout the State.


6
    (l) Whenever an individual is sentenced for an offense 
7
based upon an
arrest for a violation of subsection (a) or a 
8
similar provision of a local
ordinance, and the professional 
9
evaluation recommends remedial or
rehabilitative treatment or 
10
education, neither the treatment nor the education
shall be the 
11
sole disposition and either or both may be imposed only in

12
conjunction with another disposition. The court shall monitor 
13
compliance with
any remedial education or treatment 
14
recommendations contained in the
professional evaluation. 
15
Programs conducting alcohol or other drug evaluation
or 
16
remedial education must be licensed by the Department of Human 
17
Services. If
the individual is not a resident of Illinois, 
18
however, the court may accept an
alcohol or other drug 
19
evaluation or remedial education program in the
individual's 
20
state of residence.  Programs providing treatment must be 
21
licensed
under existing applicable alcoholism and drug 
22
treatment licensure standards.

23
    (m) In addition to any other fine or penalty required by 
24
law, an individual
convicted of a violation of subsection (a), 
25
Section 5-7 of the Snowmobile
Registration and Safety Act, 
26
Section 5-16 of the Boat Registration and Safety
Act, or a 
27
similar provision, whose operation of a motor vehicle, 
28
snowmobile, or
watercraft while in
violation of subsection (a), 
29
Section 5-7 of the Snowmobile Registration and
Safety Act, 
30
Section 5-16 of the Boat Registration and Safety Act, or a 
31
similar
provision proximately caused an incident resulting in 
32
an appropriate emergency
response, shall be required to make 
33
restitution to a public agency for the
costs of that emergency 
34
response. The restitution may not exceed $1,000 per
public 
35
agency for each emergency response. As used in this subsection 
36
(m),
"emergency response" means any incident requiring a 
 


 






HB4139
- 81 -
LRB094 14531 DRH 49468 b




1
response by a police
officer, a firefighter carried on the 
2
rolls of a regularly constituted fire
department, or an 
3
ambulance.


4
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
5
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
6
93-840, eff. 7-30-04; 94-609, eff. 1-1-06.)

 
7
    Section 95. No acceleration or delay. Where this Act makes 
8
changes in a
statute that is represented in this Act by text 
9
that is not yet or no longer in
effect (for example, a Section 
10
represented by multiple versions), the use of
that text does 
11
not accelerate or delay the taking effect of (i) the changes

12
made by this Act or (ii) provisions derived from any other 
13
Public Act.

 

14
    Section 99. Effective date. This Act takes effect upon 
15
becoming law.