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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0247
Introduced 1/19/2007, by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/11-501 |
from Ch. 95 1/2, par. 11-501 |
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Amends the Illinois Vehicle Code. Provides that a person convicted a second time of driving under the influence of alcohol, drugs, or intoxicating compounds is guilty of a Class 4 felony if, both at the time of the first violation and at the time of the second violation, he or she was transporting a passenger under the age of 16 years.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0247 |
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LRB095 00167 DRH 20167 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing |
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| Section 11-501 as follows: |
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| (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) |
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| (Text of Section from P.A. 93-1093 and 94-963) |
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| Sec. 11-501. Driving while under the influence of alcohol, |
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| other drug or
drugs, intoxicating compound or compounds or any |
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| combination thereof.
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| (a) A person shall not drive or be in actual
physical |
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| control of any vehicle within this State while:
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| (1) the alcohol concentration in the person's blood or |
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| breath is 0.08
or more based on the definition of blood and |
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| breath units in Section 11-501.2;
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| (2) under the influence of alcohol;
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| (3) under the influence of any intoxicating compound or |
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| combination of
intoxicating compounds to a degree that |
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| renders the person incapable of
driving safely;
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| (4) under the influence of any other drug or |
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| combination of drugs to a
degree that renders the person |
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| incapable of safely driving;
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| (5) under the combined influence of alcohol, other drug |
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LRB095 00167 DRH 20167 b |
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| or drugs, or
intoxicating compound or compounds to a degree |
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| that renders the person
incapable of safely driving; or
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| (6) there is any amount of a drug, substance, or |
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| compound in the
person's breath, blood, or urine resulting |
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| from the unlawful use or consumption
of cannabis listed in |
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| the Cannabis Control Act, a controlled substance listed
in |
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| the Illinois Controlled Substances Act, or an intoxicating |
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| compound listed
in the Use of Intoxicating Compounds Act.
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| (b) The fact that any person charged with violating this |
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| Section is or
has been legally entitled to use alcohol, other |
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| drug or drugs, or
intoxicating compound or compounds, or any
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| combination thereof, shall not constitute a defense against any |
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| charge of
violating this Section.
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| (b-1) With regard to penalties imposed under this Section:
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| (1) Any reference to a prior violation of subsection |
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| (a) or a similar
provision includes any violation of a |
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| provision of a local ordinance or a
provision of a law of |
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| another state that is similar to a violation of
subsection |
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| (a) of this Section.
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| (2) Any penalty imposed for driving with a license that |
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| has been revoked
for a previous violation of subsection (a) |
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| of this Section shall be in
addition to the penalty imposed |
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| for any subsequent violation of subsection (a).
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| (b-2) Except as otherwise provided in this Section, any |
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| person convicted of
violating subsection (a) of this Section is |
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| guilty of a Class A misdemeanor.
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LRB095 00167 DRH 20167 b |
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| (b-3) In addition to any other criminal or administrative |
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| sanction for any
second conviction of violating subsection (a) |
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| or a similar provision committed
within 5 years of a previous |
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| violation of subsection (a) or a similar
provision, the |
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| defendant shall be sentenced to a mandatory minimum of 5 days |
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| of
imprisonment or assigned a mandatory minimum of 240 hours of |
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| community service
as may be determined by the court.
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| (b-4) In the case of a third or subsequent violation |
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| committed within 5
years of a previous violation of subsection |
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| (a) or a similar provision, in
addition to any other criminal |
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| or administrative sanction, a mandatory minimum
term of either |
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| 10 days of imprisonment or 480 hours of community service shall
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| be imposed.
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| (b-5) The imprisonment or assignment of community service |
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| under subsections
(b-3) and (b-4) shall not be subject to |
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| suspension, nor shall the person be
eligible for a reduced |
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| sentence.
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| (c) (Blank).
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| (c-1) (1) A person who violates subsection (a)
during
a |
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| period in which his
or her driving privileges are revoked |
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| or suspended, where the revocation or
suspension was for a |
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| violation of subsection (a), Section
11-501.1, paragraph |
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| (b)
of Section 11-401, or for reckless homicide as defined |
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| in Section 9-3 of
the Criminal Code of 1961 is guilty of a
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| Class 4 felony.
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| (2) A person who violates subsection (a) a third
time, |
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LRB095 00167 DRH 20167 b |
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| if the third violation occurs during a period in
which his |
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| or her driving privileges are revoked or suspended where |
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| the
revocation
or suspension was for a violation of |
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| subsection (a),
Section 11-501.1, paragraph
(b) of Section |
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| 11-401, or for reckless homicide as defined in Section 9-3
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| of the Criminal Code of 1961, is guilty of
a Class 3 |
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| felony; and if the
person receives a term of
probation or |
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| conditional discharge, he or she shall be required to serve |
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| a
mandatory
minimum of 10 days of imprisonment or shall be |
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| assigned a mandatory minimum of
480 hours of community |
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| service, as may be determined by the court, as a
condition |
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| of the probation or conditional discharge. This mandatory |
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| minimum
term of imprisonment or assignment of community |
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| service shall not be suspended
or reduced by the court.
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| (2.2) A person who violates subsection (a), if the
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| violation occurs during a period in which his or her |
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| driving privileges are
revoked or suspended where the |
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| revocation or suspension was for a violation of
subsection |
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| (a) or Section 11-501.1, shall also be sentenced to an |
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| additional
mandatory minimum term of 30 consecutive days of |
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| imprisonment, 40 days of
24-hour periodic imprisonment, or |
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| 720 hours of community service, as may be
determined by the |
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| court. This mandatory term of imprisonment or assignment of
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| community service shall not be suspended or reduced by the |
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| court.
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| (3) A person who violates subsection (a) a fourth or
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LRB095 00167 DRH 20167 b |
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| subsequent time, if the fourth or subsequent violation |
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| occurs
during a period in which his
or her driving |
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| privileges are revoked or suspended where the revocation
or |
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| suspension was for a violation of subsection (a),
Section |
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| 11-501.1, paragraph
(b) of Section 11-401, or for reckless |
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| homicide as defined in
Section 9-3
of
the Criminal Code of |
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| 1961, is guilty of
a Class 2 felony and is not eligible for |
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| a sentence of probation or
conditional discharge.
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| (c-2) (Blank).
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| (c-3) (Blank).
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| (c-4) (Blank).
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| (c-5)(1) A person who violates subsection (a), if the |
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| person was transporting
a person under the age of 16 at the |
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| time of the violation, is subject to an
additional |
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| mandatory minimum fine of $1,000, an additional mandatory |
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| minimum
140 hours of community service, which shall include |
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| 40 hours of community
service in a program benefiting |
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| children, and an additional 2 days of
imprisonment. The |
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| imprisonment or assignment of community service under this |
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| subdivision (c-5)(1) is not subject to suspension, nor is |
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| the person eligible for
a reduced sentence.
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| (2) Except as provided in subdivisions (c-5)(3) and |
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| (c-5)(4) a person who
violates
subsection (a) a second |
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| time, if at the time of
the second violation the person was |
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| transporting a person under the age of 16,
is subject to an |
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| additional 10 days of imprisonment, an additional |
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LRB095 00167 DRH 20167 b |
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| mandatory
minimum fine of $1,000, and an additional |
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| mandatory minimum 140 hours of
community service, which |
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| shall include 40 hours of community service in a
program |
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| benefiting children.
The imprisonment or assignment of |
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| community service under this subdivision (c-5)(2)
is not |
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| subject to suspension, nor is the person eligible for a |
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| reduced
sentence. If the person was transporting a |
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| passenger under the age of 16 years at the time of the |
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| first violation and at the time of the second violation, |
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| the person is guilty of a Class 4 felony.
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| (3) Except as provided in subdivision (c-5)(4), any |
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| person convicted of
violating subdivision (c-5)(2) or a |
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| similar
provision within 10 years of a previous violation |
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| of subsection (a) or a
similar provision shall receive, in |
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| addition to any other penalty imposed, a
mandatory minimum |
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| 12 days imprisonment, an additional 40 hours of mandatory
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| community service in a program benefiting children, and a |
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| mandatory minimum
fine of $1,750. The imprisonment or |
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| assignment of community service under this subdivision |
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| (c-5)(3) is not subject to suspension, nor is the person
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| eligible for a reduced sentence. If the person was |
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| transporting a passenger under the age of 16 years at the |
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| time of the first violation and at the time of the second |
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| violation, the person is guilty of a Class 4 felony.
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| (4) Any person convicted of violating subdivision |
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| (c-5)(2) or a similar
provision within 5 years of a |
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LRB095 00167 DRH 20167 b |
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| previous violation of subsection (a) or a similar
provision |
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| shall receive, in addition to any other penalty imposed, an
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| additional 80 hours of mandatory community service in a |
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| program benefiting
children, an additional mandatory |
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| minimum 12 days of imprisonment, and a
mandatory minimum |
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| fine of $1,750. The imprisonment or assignment of community
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| service under this subdivision (c-5)(4)
is not subject to |
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| suspension, nor
is the
person eligible for a reduced |
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| sentence. If the person was transporting a passenger under |
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| the age of 16 years at the time of the first violation and |
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| at the time of the second violation, the person is guilty |
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| of a Class 4 felony.
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| (5) Any person convicted a third time for violating |
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| subsection (a) or a
similar provision, if at the time of |
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| the third violation the person was
transporting a person |
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| under the age of 16, is guilty of a Class 4 felony and |
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| shall
receive, in addition to any other
penalty imposed, an |
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| additional mandatory fine of $1,000, an additional
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| mandatory 140 hours of community service, which shall |
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| include 40 hours in a
program benefiting children, and a |
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| mandatory minimum 30 days of imprisonment.
The |
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| imprisonment or assignment of community service under this |
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| subdivision (c-5)(5)
is not subject to suspension, nor is |
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| the person eligible for a reduced
sentence.
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| (6) Any person convicted of violating subdivision |
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| (c-5)(5) or a similar
provision a third time within 20 |
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LRB095 00167 DRH 20167 b |
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| years of a previous violation of subsection
(a) or a
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| similar provision is guilty of a Class 4 felony and shall |
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| receive, in addition
to any other penalty imposed, an |
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| additional mandatory 40 hours of community
service in a |
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| program benefiting children, an additional mandatory fine |
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| of
$3,000, and a mandatory minimum 120 days of |
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| imprisonment. The imprisonment or
assignment of community |
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| service under this subdivision (c-5)(6) is not subject to
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| suspension, nor is the person eligible for a reduced |
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| sentence.
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| (7) Any person convicted a fourth or subsequent time |
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| for violating
subsection (a) or a similar provision, if at |
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| the time of the fourth or
subsequent violation the person |
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| was transporting a person under the age of 16,
and if the |
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| person's 3 prior violations of subsection (a) or a
similar |
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| provision
occurred while transporting a person under the |
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| age of 16 or while the alcohol
concentration in his or her |
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| blood, breath, or urine was 0.16 or more based
on the |
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| definition of blood, breath, or urine units in Section |
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| 11-501.2, is
guilty of a Class 2 felony, is not eligible |
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| for probation or conditional
discharge, and is subject to a |
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| minimum fine of $3,000.
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| (c-6)(1) Any person convicted of a first violation of |
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| subsection (a) or a
similar provision, if the alcohol |
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| concentration in his or her blood, breath, or
urine was |
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| 0.16 or more based on the definition of blood, breath, or |
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LRB095 00167 DRH 20167 b |
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| urine
units in Section 11-501.2, shall be subject, in |
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| addition to any other penalty
that may be imposed, to a |
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| mandatory minimum of 100 hours of community service
and a |
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| mandatory minimum fine of $500.
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| (2) Any person convicted of a second violation of |
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| subsection (a) or a similar provision committed within 10 |
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| years of a previous violation of subsection (a) or a |
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| similar provision, if at the time of the second violation |
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| of subsection (a) or a similar provision the
alcohol |
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| concentration in his or her blood, breath, or urine was |
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| 0.16 or more
based on the definition of blood, breath, or |
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| urine units in Section 11-501.2,
shall be
subject, in |
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| addition to any other penalty that may be imposed, to a |
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| mandatory
minimum of 2 days of imprisonment and a mandatory |
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| minimum fine of $1,250.
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| (3) Any person convicted of a third violation of |
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| subsection (a) or a
similar provision within 20 years of a |
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| previous violation of subsection (a) or
a
similar |
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| provision, if at the time of the third violation of |
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| subsection (a) or a
similar provision the alcohol |
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| concentration in his or her blood, breath, or
urine was |
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| 0.16 or more based on the definition of blood, breath, or |
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| urine units
in Section 11-501.2, is guilty of a Class 4 |
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| felony and shall be subject, in
addition to any other |
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| penalty that may be imposed, to a mandatory minimum of
90 |
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| days of imprisonment and a mandatory minimum fine of |
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LRB095 00167 DRH 20167 b |
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| $2,500.
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| (4) Any person convicted of a fourth or subsequent |
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| violation of
subsection
(a) or a similar provision, if at |
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| the time of the fourth or subsequent
violation the alcohol |
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| concentration in his or her blood, breath, or urine was
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| 0.16 or more based on the definition of blood, breath, or |
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| urine units in
Section 11-501.2, and if the person's 3 |
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| prior violations of subsection (a) or a
similar provision |
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| occurred while transporting a person under the age of 16 or
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| while the alcohol concentration in his or her blood, |
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| breath, or urine was 0.16
or more based on the definition |
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| of blood, breath, or urine units in Section
11-501.2, is |
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| guilty of a Class 2 felony and is not eligible for a |
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| sentence of
probation or conditional discharge and is |
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| subject to a minimum fine of
$2,500.
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| (d) (1) Every person convicted of committing a violation of |
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| this Section
shall be guilty of aggravated driving under |
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| the influence of alcohol,
other drug or drugs, or |
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| intoxicating compound or compounds, or any combination
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| thereof if:
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| (A) the person committed a violation of subsection |
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| (a) or a similar
provision for the
third or subsequent |
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| time;
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| (B) the person committed a violation of subsection |
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| (a)
while
driving a school bus with persons 18 years of |
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| age or younger
on board;
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LRB095 00167 DRH 20167 b |
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| (C) the person in committing a violation of |
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| subsection
(a) was
involved in a motor vehicle accident |
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| that resulted in great bodily harm or
permanent |
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| disability or disfigurement to another, when the |
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| violation was
a proximate cause of the injuries;
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| (D) the person committed a violation of subsection |
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| (a)
for a
second time and has been previously convicted |
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| of violating Section 9-3 of the
Criminal Code of 1961 |
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| or a similar provision of a law of another state |
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| relating to reckless homicide in which the person was
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| determined to have been under the influence of alcohol, |
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| other drug or
drugs, or intoxicating compound or |
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| compounds as an element of the offense or
the person |
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| has previously been convicted
under subparagraph (C) |
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| or subparagraph (F) of this paragraph (1);
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| (E) the person, in committing a violation of |
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| subsection (a) while
driving at any speed in a school |
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| speed zone at a time when a speed limit of
20 miles per |
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| hour was in effect under subsection (a) of Section |
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| 11-605 of
this Code, was involved in a motor vehicle |
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| accident that resulted in bodily
harm, other than great |
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| bodily harm or permanent disability or disfigurement,
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| to another person, when the violation of subsection (a) |
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| was a
proximate cause
of the bodily harm; or
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| (F) the person, in committing a violation of |
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| subsection (a), was
involved in a motor vehicle, |
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| snowmobile, all-terrain vehicle, or watercraft
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| accident that resulted in
the death of another person, |
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| when the violation of subsection
(a) was
a proximate |
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| cause of the death.
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| (2) Except as provided in this paragraph (2), a person |
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| convicted of
aggravated driving under
the
influence of |
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| alcohol, other drug or
drugs,
or intoxicating compound or |
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| compounds, or any
combination thereof is guilty of a Class |
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| 4 felony. For a violation of
subparagraph (C)
of
paragraph |
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| (1) of this subsection (d), the defendant, if sentenced to |
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| a term
of imprisonment, shall be sentenced
to not less than
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| one year nor more than 12 years.
Aggravated driving under |
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| the influence of alcohol, other drug or drugs,
or |
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| intoxicating compound or compounds, or any combination |
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| thereof as
defined in subparagraph (F) of paragraph (1) of |
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| this subsection (d) is
a Class 2 felony, for which the |
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| defendant, if sentenced to a term of
imprisonment, shall be |
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| sentenced to: (A) a
term of imprisonment of not less than 3 |
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| years and not more
than 14 years if the violation resulted |
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| in the death of one person; or
(B) a term of imprisonment |
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| of not less than 6 years and not
more than 28 years if the |
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| violation resulted in the deaths of 2 or more
persons.
For |
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| any prosecution under this subsection
(d), a certified copy |
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| of the
driving abstract of the defendant shall be admitted |
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| as proof of any prior
conviction.
Any person sentenced |
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| under this subsection (d) who receives a term of
probation
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| or conditional discharge must serve a minimum term of |
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| either 480 hours of
community service or 10 days of |
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| imprisonment as a condition of the probation or
conditional |
4 |
| discharge. This mandatory minimum term of imprisonment or
|
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| assignment of community service may not be suspended or |
6 |
| reduced by the court.
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| (e) After a finding of guilt and prior to any final |
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| sentencing, or an
order for supervision, for an offense based |
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| upon an arrest for a
violation of this Section or a similar |
10 |
| provision of a local ordinance,
individuals shall be required |
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| to undergo a professional evaluation to
determine if an |
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| alcohol, drug, or intoxicating compound abuse problem exists
|
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| and the
extent of the problem, and undergo the imposition of |
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| treatment as appropriate.
Programs conducting these |
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| evaluations shall be
licensed by the Department of Human |
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| Services. The cost of any professional
evaluation shall be paid |
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| for by the
individual
required to undergo the professional |
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| evaluation.
|
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| (e-1) Any person who is found guilty of or pleads guilty to |
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| violating this
Section, including any person receiving a |
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| disposition of court supervision for
violating this Section, |
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| may be required by the Court to attend a victim
impact panel |
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| offered by, or under contract with, a County State's Attorney's
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| office, a probation and court services department, Mothers |
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| Against Drunk
Driving,
or the Alliance Against Intoxicated |
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| Motorists.
All costs generated by
the victim impact panel shall |
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LRB095 00167 DRH 20167 b |
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| be paid from fees collected from the
offender or as may be |
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| determined by the court.
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| (f) Every person found guilty of violating this Section, |
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| whose
operation of a motor vehicle while in violation of this |
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| Section proximately
caused any incident resulting in an |
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| appropriate emergency response, shall
be liable for the expense |
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| of an emergency response as provided under
Section 5-5-3 of the |
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| Unified Code of Corrections.
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| (g) The Secretary of State shall revoke the driving |
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| privileges of any
person convicted under this Section or a |
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| similar provision of a local
ordinance.
|
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| (h) (Blank).
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| (i) The Secretary of State shall require the use of |
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| ignition interlock
devices on all vehicles owned by an |
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| individual who has been convicted of a
second
or subsequent |
16 |
| offense of this Section or a similar provision of a local
|
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| ordinance. The Secretary shall establish by rule and regulation |
18 |
| the procedures
for certification and use of the interlock |
19 |
| system.
|
20 |
| (j) In addition to any other penalties and liabilities, a |
21 |
| person who is
found guilty of or pleads guilty to violating |
22 |
| subsection (a), including any
person placed on court |
23 |
| supervision for violating subsection (a), shall be fined
$500, |
24 |
| payable to the
circuit clerk, who shall distribute the money as |
25 |
| follows: 20% to the law enforcement agency
that made the arrest |
26 |
| and 80% shall be forwarded to the State Treasurer for deposit |
|
|
|
HB0247 |
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|
1 |
| into the General Revenue Fund. If the person has been |
2 |
| previously convicted of violating
subsection (a) or a similar |
3 |
| provision of a local
ordinance, the fine shall be
$1,000. In |
4 |
| the event that more than one agency is responsible
for the |
5 |
| arrest, the amount payable to law enforcement agencies shall be |
6 |
| shared equally. Any moneys received
by a law
enforcement agency |
7 |
| under this subsection (j) shall be used for enforcement and |
8 |
| prevention of driving while under the influence of alcohol, |
9 |
| other drug or drugs, intoxicating compound or compounds or any |
10 |
| combination thereof, as defined by this Section, including but |
11 |
| not limited to the purchase of law
enforcement equipment and |
12 |
| commodities that will assist in the prevention of alcohol |
13 |
| related
criminal violence throughout the State; police officer |
14 |
| training and education in areas related to alcohol related |
15 |
| crime, including but not limited to DUI training; and police |
16 |
| officer salaries, including but not limited to salaries for |
17 |
| hire back funding for safety checkpoints, saturation patrols, |
18 |
| and liquor store sting operations. Equipment and commodities |
19 |
| shall include, but are not limited
to, in-car video cameras, |
20 |
| radar and laser speed detection devices, and alcohol
breath |
21 |
| testers.
Any moneys received by the Department of State Police |
22 |
| under this subsection
(j) shall be deposited into the State |
23 |
| Police DUI Fund and shall be used for enforcement and |
24 |
| prevention of driving while under the influence of alcohol, |
25 |
| other drug or drugs, intoxicating compound or compounds or any |
26 |
| combination thereof, as defined by this Section, including but |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
1 |
| not limited to the
purchase of law enforcement equipment and |
2 |
| commodities that will assist in the prevention of
alcohol |
3 |
| related criminal violence throughout the State; police officer |
4 |
| training and education in areas related to alcohol related |
5 |
| crime, including but not limited to DUI training; and police |
6 |
| officer salaries, including but not limited to salaries for |
7 |
| hire back funding for safety checkpoints, saturation patrols, |
8 |
| and liquor store sting operations.
|
9 |
| (k) The Secretary of State Police DUI Fund is created as a |
10 |
| special
fund in the State treasury. All moneys received by the |
11 |
| Secretary of State
Police under subsection (j) of this Section |
12 |
| shall be deposited into the
Secretary of State Police DUI Fund |
13 |
| and, subject to appropriation, shall be
used for enforcement |
14 |
| and prevention of driving while under the influence of alcohol, |
15 |
| other drug or drugs, intoxicating compound or compounds or any |
16 |
| combination thereof, as defined by this Section, including but |
17 |
| not limited to the purchase of law enforcement equipment and |
18 |
| commodities to assist in the prevention of
alcohol related |
19 |
| criminal violence throughout the State; police officer |
20 |
| training and education in areas related to alcohol related |
21 |
| crime, including but not limited to DUI training; and police |
22 |
| officer salaries, including but not limited to salaries for |
23 |
| hire back funding for safety checkpoints, saturation patrols, |
24 |
| and liquor store sting operations.
|
25 |
| (l) Whenever an individual is sentenced for an offense |
26 |
| based upon an
arrest for a violation of subsection (a) or a |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
1 |
| similar provision of a local
ordinance, and the professional |
2 |
| evaluation recommends remedial or
rehabilitative treatment or |
3 |
| education, neither the treatment nor the education
shall be the |
4 |
| sole disposition and either or both may be imposed only in
|
5 |
| conjunction with another disposition. The court shall monitor |
6 |
| compliance with
any remedial education or treatment |
7 |
| recommendations contained in the
professional evaluation. |
8 |
| Programs conducting alcohol or other drug evaluation
or |
9 |
| remedial education must be licensed by the Department of Human |
10 |
| Services. If
the individual is not a resident of Illinois, |
11 |
| however, the court may accept an
alcohol or other drug |
12 |
| evaluation or remedial education program in the
individual's |
13 |
| state of residence. Programs providing treatment must be |
14 |
| licensed
under existing applicable alcoholism and drug |
15 |
| treatment licensure standards.
|
16 |
| (m) In addition to any other fine or penalty required by |
17 |
| law, an individual
convicted of a violation of subsection (a), |
18 |
| Section 5-7 of the Snowmobile
Registration and Safety Act, |
19 |
| Section 5-16 of the Boat Registration and Safety
Act, or a |
20 |
| similar provision, whose operation of a motor vehicle, |
21 |
| snowmobile, or
watercraft while in
violation of subsection (a), |
22 |
| Section 5-7 of the Snowmobile Registration and
Safety Act, |
23 |
| Section 5-16 of the Boat Registration and Safety Act, or a |
24 |
| similar
provision proximately caused an incident resulting in |
25 |
| an appropriate emergency
response, shall be required to make |
26 |
| restitution to a public agency for the
costs of that emergency |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
1 |
| response. The restitution may not exceed $1,000 per
public |
2 |
| agency for each emergency response. As used in this subsection |
3 |
| (m),
"emergency response" means any incident requiring a |
4 |
| response by a police
officer, a firefighter carried on the |
5 |
| rolls of a regularly constituted fire
department, or an |
6 |
| ambulance.
|
7 |
| (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; |
8 |
| 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; |
9 |
| 93-840, eff. 7-30-04; 93-1093, eff. 3-29-05; 94-963, eff. |
10 |
| 6-28-06.)
|
11 |
| (Text of Section from P.A. 94-110 and 94-963) |
12 |
| Sec. 11-501. Driving while under the influence of alcohol, |
13 |
| other drug or
drugs, intoxicating compound or compounds or any |
14 |
| combination thereof.
|
15 |
| (a) A person shall not drive or be in actual
physical |
16 |
| control of any vehicle within this State while:
|
17 |
| (1) the alcohol concentration in the person's blood or |
18 |
| breath is 0.08
or more based on the definition of blood and |
19 |
| breath units in Section 11-501.2;
|
20 |
| (2) under the influence of alcohol;
|
21 |
| (3) under the influence of any intoxicating compound or |
22 |
| combination of
intoxicating compounds to a degree that |
23 |
| renders the person incapable of
driving safely;
|
24 |
| (4) under the influence of any other drug or |
25 |
| combination of drugs to a
degree that renders the person |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
1 |
| incapable of safely driving;
|
2 |
| (5) under the combined influence of alcohol, other drug |
3 |
| or drugs, or
intoxicating compound or compounds to a degree |
4 |
| that renders the person
incapable of safely driving; or
|
5 |
| (6) there is any amount of a drug, substance, or |
6 |
| compound in the
person's breath, blood, or urine resulting |
7 |
| from the unlawful use or consumption
of cannabis listed in |
8 |
| the Cannabis Control Act, a controlled substance listed
in |
9 |
| the Illinois Controlled Substances Act, or an intoxicating |
10 |
| compound listed
in the Use of Intoxicating Compounds Act.
|
11 |
| (b) The fact that any person charged with violating this |
12 |
| Section is or
has been legally entitled to use alcohol, other |
13 |
| drug or drugs, or
intoxicating compound or compounds, or any
|
14 |
| combination thereof, shall not constitute a defense against any |
15 |
| charge of
violating this Section.
|
16 |
| (b-1) With regard to penalties imposed under this Section:
|
17 |
| (1) Any reference to a prior violation of subsection |
18 |
| (a) or a similar
provision includes any violation of a |
19 |
| provision of a local ordinance or a
provision of a law of |
20 |
| another state that is similar to a violation of
subsection |
21 |
| (a) of this Section.
|
22 |
| (2) Any penalty imposed for driving with a license that |
23 |
| has been revoked
for a previous violation of subsection (a) |
24 |
| of this Section shall be in
addition to the penalty imposed |
25 |
| for any subsequent violation of subsection (a).
|
26 |
| (b-2) Except as otherwise provided in this Section, any |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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| 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
|
|
|
|
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1 |
| Class 4 felony.
|
2 |
| (2) A person who violates subsection (a) a third
time, |
3 |
| if the third violation occurs during a period in
which his |
4 |
| or her driving privileges are revoked or suspended where |
5 |
| the
revocation
or suspension was for a violation of |
6 |
| subsection (a),
Section 11-501.1, paragraph
(b) of Section |
7 |
| 11-401, or for reckless homicide as defined in Section 9-3
|
8 |
| of the Criminal Code of 1961, is guilty of
a Class 3 |
9 |
| felony; and if the
person receives a term of
probation or |
10 |
| conditional discharge, he or she shall be required to serve |
11 |
| a
mandatory
minimum of 10 days of imprisonment or shall be |
12 |
| assigned a mandatory minimum of
480 hours of community |
13 |
| service, as may be determined by the court, as a
condition |
14 |
| of the probation or conditional discharge. This mandatory |
15 |
| minimum
term of imprisonment or assignment of community |
16 |
| service shall not be suspended
or reduced by the court.
|
17 |
| (2.2) A person who violates subsection (a), if the
|
18 |
| violation occurs during a period in which his or her |
19 |
| driving privileges are
revoked or suspended where the |
20 |
| revocation or suspension was for a violation of
subsection |
21 |
| (a) or Section 11-501.1, shall also be sentenced to an |
22 |
| additional
mandatory minimum term of 30 consecutive days of |
23 |
| imprisonment, 40 days of
24-hour periodic imprisonment, or |
24 |
| 720 hours of community service, as may be
determined by the |
25 |
| court. This mandatory term of imprisonment or assignment of
|
26 |
| community service shall not be suspended or reduced by the |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
1 |
| court.
|
2 |
| (3) A person who violates subsection (a) a fourth or
|
3 |
| subsequent time, if the fourth or subsequent violation |
4 |
| occurs
during a period in which his
or her driving |
5 |
| privileges are revoked or suspended where the revocation
or |
6 |
| suspension was for a violation of subsection (a),
Section |
7 |
| 11-501.1, paragraph
(b) of Section 11-401, or for reckless |
8 |
| homicide as defined in
Section 9-3
of
the Criminal Code of |
9 |
| 1961, is guilty of
a Class 2 felony and is not eligible for |
10 |
| a sentence of probation or
conditional discharge.
|
11 |
| (c-2) (Blank).
|
12 |
| (c-3) (Blank).
|
13 |
| (c-4) (Blank).
|
14 |
| (c-5) Except as provided in subsection (c-5.1), a person 21 |
15 |
| years of age or older who violates subsection (a), if the |
16 |
| person was transporting
a person under the age of 16 at the |
17 |
| time of the violation, is subject to 6 months of imprisonment, |
18 |
| an
additional mandatory minimum fine of $1,000, and 25 days of |
19 |
| community service in a program benefiting children. The |
20 |
| imprisonment or assignment of community service under this
|
21 |
| subsection (c-5) is not subject to suspension, nor is the |
22 |
| person eligible for
a reduced sentence.
|
23 |
| (c-5.1) A person 21 years of age or older who is convicted |
24 |
| of violating subsection (a) of this Section
a
first time and |
25 |
| who in committing that violation was involved in a motor |
26 |
| vehicle
accident that resulted in bodily harm to the child |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
1 |
| under the age of 16 being
transported by the person, if the |
2 |
| violation was the proximate cause of the
injury, is guilty of a |
3 |
| Class 4 felony and is subject to one year of
imprisonment,
a |
4 |
| mandatory fine of $2,500, and 25 days of community service in a |
5 |
| program
benefiting children. The imprisonment or assignment to |
6 |
| community service under
this subsection (c-5.1) shall not be |
7 |
| subject to suspension, nor shall the person be
eligible for |
8 |
| probation in order to reduce the sentence or assignment.
|
9 |
| (c-6) Except as provided in subsections (c-7) and (c-7.1), |
10 |
| a person 21 years of age or older who
violates
subsection (a) a |
11 |
| second time, if at the time of
the second violation the person |
12 |
| was transporting a person under the age of 16,
is subject to 6 |
13 |
| months of imprisonment, an additional mandatory
minimum fine of |
14 |
| $1,000, and an additional mandatory minimum 140 hours of
|
15 |
| community service, which shall include 40 hours of community |
16 |
| service in a
program benefiting children.
The imprisonment or |
17 |
| assignment of community service under this subsection (c-6)
is |
18 |
| not subject to suspension, nor is the person eligible for a |
19 |
| reduced
sentence. If the person was transporting a passenger |
20 |
| under the age of 16 years at the time of the first violation |
21 |
| and at the time of the second violation, the person is guilty |
22 |
| of a Class 4 felony.
|
23 |
| (c-7) Except as provided in subsection (c-7.1), any person |
24 |
| 21 years of age or older convicted of
violating subsection |
25 |
| (c-6) or a similar
provision within 10 years of a previous |
26 |
| violation of subsection (a) or a
similar provision is guilty of |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
1 |
| a Class 4 felony and, in addition to any other penalty imposed, |
2 |
| is subject to one year of
imprisonment, 25 days of mandatory
|
3 |
| community service in a program benefiting children, and a |
4 |
| mandatory
fine of $2,500. The imprisonment or assignment of |
5 |
| community service under this
subsection (c-7) is not subject to |
6 |
| suspension, nor is the person
eligible for a reduced sentence.
|
7 |
| (c-7.1) A person 21 years of age or older who is convicted |
8 |
| of violating subsection (a) of this Section
a
second time |
9 |
| within 10 years and who in committing that violation was |
10 |
| involved
in a motor vehicle accident that resulted in bodily |
11 |
| harm to the child under the
age of 16 being transported, if the |
12 |
| violation was the proximate cause of the
injury, is guilty of a |
13 |
| Class 4 felony and is subject to 18 months of
imprisonment, a
|
14 |
| mandatory fine of $5,000, and 25 days of community service in a |
15 |
| program
benefiting
children. The imprisonment or assignment to |
16 |
| community service under this
subsection
(c-7.1) shall not be |
17 |
| subject to suspension, nor shall the person be eligible for
|
18 |
| probation in order
to reduce the sentence or assignment.
|
19 |
| (c-8) (Blank).
|
20 |
| (c-9) Any person 21 years of age or older convicted a third |
21 |
| time for violating subsection (a) or a
similar provision, if at |
22 |
| the time of the third violation the person was
transporting a |
23 |
| person under the age of 16, is guilty of a Class 4 felony and is |
24 |
| subject to 18 months of imprisonment, a mandatory fine of |
25 |
| $2,500, and 25 days of community service in a
program |
26 |
| benefiting children.
The imprisonment or assignment of |
|
|
|
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LRB095 00167 DRH 20167 b |
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|
1 |
| community service under this subsection (c-9)
is not subject to |
2 |
| suspension, nor is the person eligible for a reduced
sentence.
|
3 |
| (c-10) Any person 21 years of age or older convicted of |
4 |
| violating subsection (c-9) or a similar
provision a third time |
5 |
| within 20 years of a previous violation of subsection
(a) or a
|
6 |
| similar provision is guilty of a Class 3 felony and, in |
7 |
| addition
to any other penalty imposed, is subject to 3 years of |
8 |
| imprisonment, 25 days of community
service in a program |
9 |
| benefiting children, and a mandatory fine of
$25,000. The |
10 |
| imprisonment or
assignment of community service under this |
11 |
| subsection (c-10) is not subject to
suspension, nor is the |
12 |
| person eligible for a reduced sentence.
|
13 |
| (c-11) Any person 21 years of age or older convicted a |
14 |
| fourth or subsequent time for violating
subsection (a) or a |
15 |
| similar provision, if at the time of the fourth or
subsequent |
16 |
| violation the person was transporting a person under the age of |
17 |
| 16,
and if the person's 3 prior violations of subsection (a) or |
18 |
| a similar provision
occurred while transporting a person under |
19 |
| the age of 16 or while the alcohol
concentration in his or her |
20 |
| blood, breath, or urine was 0.16 or more based
on the |
21 |
| definition of blood, breath, or urine units in Section |
22 |
| 11-501.2, is
guilty of a Class 2 felony, is not eligible for |
23 |
| probation or conditional
discharge, and is subject to a minimum |
24 |
| fine of $25,000.
|
25 |
| (c-12) Any person convicted of a first violation of |
26 |
| subsection (a) or a
similar provision, if the alcohol |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 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, shall be subject, in addition to any other |
4 |
| penalty
that may be imposed, to a mandatory minimum of 100 |
5 |
| hours of community service
and a mandatory minimum fine of |
6 |
| $500.
|
7 |
| (c-13) Any person convicted of a second violation of |
8 |
| subsection (a) or a similar provision committed within 10 years |
9 |
| of a previous violation of subsection (a) or a similar |
10 |
| provision, if at the time of the second violation of subsection |
11 |
| (a) or a similar provision the
alcohol concentration in his or |
12 |
| her 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,
shall be
subject, in addition to any other penalty |
15 |
| that may be imposed, to a mandatory
minimum of 2 days of |
16 |
| imprisonment and a mandatory minimum fine of $1,250.
|
17 |
| (c-14) Any person convicted of a third violation of |
18 |
| subsection (a) or a
similar provision within 20 years of a |
19 |
| previous violation of subsection (a) or
a
similar provision, if |
20 |
| at the time of the third violation of subsection (a) or a
|
21 |
| similar provision the alcohol concentration in his or her |
22 |
| 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 4 felony and shall be subject, |
25 |
| in
addition to any other penalty that may be imposed, to a |
26 |
| mandatory minimum of
90 days of imprisonment and a mandatory |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| minimum fine of $2,500.
|
2 |
| (c-15) Any person convicted of a fourth or subsequent |
3 |
| violation of
subsection
(a) or a similar provision, if at the |
4 |
| time of the fourth or subsequent
violation the alcohol |
5 |
| concentration in his or her blood, breath, or urine was
0.16 or |
6 |
| more based on the definition of blood, breath, or urine units |
7 |
| in
Section 11-501.2, and if the person's 3 prior violations of |
8 |
| subsection (a) or a
similar provision occurred while |
9 |
| transporting a person under the age of 16 or
while the alcohol |
10 |
| concentration in his or her blood, breath, or urine was 0.16
or |
11 |
| more based on the definition of blood, breath, or urine units |
12 |
| in Section
11-501.2, is guilty of a Class 2 felony and is not |
13 |
| eligible for a sentence of
probation or conditional discharge |
14 |
| and is subject to a minimum fine of
$2,500.
|
15 |
| (d) (1) Every person convicted of committing a violation of |
16 |
| this Section
shall be guilty of aggravated driving under |
17 |
| the influence of alcohol,
other drug or drugs, or |
18 |
| intoxicating compound or compounds, or any combination
|
19 |
| thereof if:
|
20 |
| (A) the person committed a violation of subsection |
21 |
| (a) or a similar
provision for the
third or subsequent |
22 |
| time;
|
23 |
| (B) the person committed a violation of subsection |
24 |
| (a)
while
driving a school bus with persons 18 years of |
25 |
| age or younger
on board;
|
26 |
| (C) the person in committing a violation of |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| subsection
(a) was
involved in a motor vehicle accident |
2 |
| that resulted in great bodily harm or
permanent |
3 |
| disability or disfigurement to another, when the |
4 |
| violation was
a proximate cause of the injuries;
|
5 |
| (D) the person committed a violation of subsection |
6 |
| (a)
for a
second time and has been previously convicted |
7 |
| of violating Section 9-3 of the
Criminal Code of 1961 |
8 |
| or a similar provision of a law of another state |
9 |
| relating to reckless homicide in which the person was
|
10 |
| determined to have been under the influence of alcohol, |
11 |
| other drug or
drugs, or intoxicating compound or |
12 |
| compounds as an element of the offense or
the person |
13 |
| has previously been convicted
under subparagraph (C) |
14 |
| or subparagraph (F) of this paragraph (1);
|
15 |
| (E) the person, in committing a violation of |
16 |
| subsection (a) while
driving at any speed in a school |
17 |
| speed zone at a time when a speed limit of
20 miles per |
18 |
| hour was in effect under subsection (a) of Section |
19 |
| 11-605 of
this Code, was involved in a motor vehicle |
20 |
| accident that resulted in bodily
harm, other than great |
21 |
| bodily harm or permanent disability or disfigurement,
|
22 |
| to another person, when the violation of subsection (a) |
23 |
| was a
proximate cause
of the bodily harm; or
|
24 |
| (F) the person, in committing a violation of |
25 |
| subsection (a), was
involved in a motor vehicle, |
26 |
| snowmobile, all-terrain vehicle, or watercraft
|
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
1 |
| accident that resulted in
the death of another person, |
2 |
| when the violation of subsection
(a) was
a proximate |
3 |
| cause of the death.
|
4 |
| (2) Except as provided in this paragraph (2), 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.
Aggravated driving under |
12 |
| the influence of alcohol, other drug or drugs,
or |
13 |
| intoxicating compound or compounds, or any combination |
14 |
| thereof as
defined in subparagraph (F) of paragraph (1) of |
15 |
| this subsection (d) is
a Class 2 felony, for which the |
16 |
| defendant, if sentenced to a term of
imprisonment, shall be |
17 |
| sentenced to: (A) a
term of imprisonment of not less than 3 |
18 |
| years and not more
than 14 years if the violation resulted |
19 |
| in the death of one person; or
(B) a term of imprisonment |
20 |
| of not less than 6 years and not
more than 28 years if the |
21 |
| violation resulted in the deaths of 2 or more
persons.
For |
22 |
| any prosecution under this subsection
(d), a certified copy |
23 |
| of the
driving abstract of the defendant shall be admitted |
24 |
| as proof of any prior
conviction.
Any person sentenced |
25 |
| under this subsection (d) who receives a term of
probation
|
26 |
| or conditional discharge must serve a minimum term of |
|
|
|
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LRB095 00167 DRH 20167 b |
|
|
1 |
| either 480 hours of
community service or 10 days of |
2 |
| imprisonment as a condition of the probation or
conditional |
3 |
| discharge. This mandatory minimum term of imprisonment or
|
4 |
| assignment of community service may not be suspended or |
5 |
| reduced by the court.
|
6 |
| (e) After a finding of guilt and prior to any final |
7 |
| sentencing, or an
order for supervision, for an offense based |
8 |
| upon an arrest for a
violation of this Section or a similar |
9 |
| provision of a local ordinance,
individuals shall be required |
10 |
| to undergo a professional evaluation to
determine if an |
11 |
| alcohol, drug, or intoxicating compound abuse problem exists
|
12 |
| and the
extent of the problem, and undergo the imposition of |
13 |
| treatment as appropriate.
Programs conducting these |
14 |
| evaluations shall be
licensed by the Department of Human |
15 |
| Services. The cost of any professional
evaluation shall be paid |
16 |
| for by the
individual
required to undergo the professional |
17 |
| evaluation.
|
18 |
| (e-1) Any person who is found guilty of or pleads guilty to |
19 |
| violating this
Section, including any person receiving a |
20 |
| disposition of court supervision for
violating this Section, |
21 |
| may be required by the Court to attend a victim
impact panel |
22 |
| offered by, or under contract with, a County State's Attorney's
|
23 |
| office, a probation and court services department, Mothers |
24 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated |
25 |
| Motorists.
All costs generated by
the victim impact panel shall |
26 |
| be paid from fees collected from the
offender or as may be |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| determined by the court.
|
2 |
| (f) Every person found guilty of violating this Section, |
3 |
| whose
operation of a motor vehicle while in violation of this |
4 |
| Section proximately
caused any incident resulting in an |
5 |
| appropriate emergency response, shall
be liable for the expense |
6 |
| of an emergency response as provided under
Section 5-5-3 of the |
7 |
| Unified Code of Corrections.
|
8 |
| (g) The Secretary of State shall revoke the driving |
9 |
| privileges of any
person convicted under this Section or a |
10 |
| similar provision of a local
ordinance.
|
11 |
| (h) (Blank).
|
12 |
| (i) The Secretary of State shall require the use of |
13 |
| ignition interlock
devices on all vehicles owned by an |
14 |
| individual who has been convicted of a
second
or subsequent |
15 |
| offense of this Section or a similar provision of a local
|
16 |
| ordinance. The Secretary shall establish by rule and regulation |
17 |
| the procedures
for certification and use of the interlock |
18 |
| system.
|
19 |
| (j) In addition to any other penalties and liabilities, a |
20 |
| person who is
found guilty of or pleads guilty to violating |
21 |
| subsection (a), including any
person placed on court |
22 |
| supervision for violating subsection (a), shall be fined
$500, |
23 |
| payable to the
circuit clerk, who shall distribute the money as |
24 |
| follows: 20% to the law enforcement agency
that made the arrest |
25 |
| and 80% shall be forwarded to the State Treasurer for deposit |
26 |
| into the General Revenue Fund. If the person has been |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
1 |
| previously convicted of violating
subsection (a) or a similar |
2 |
| provision of a local
ordinance, the fine shall be
$1,000. In |
3 |
| the event that more than one agency is responsible
for the |
4 |
| arrest, the amount payable to law enforcement agencies shall be |
5 |
| shared equally. Any moneys received
by a law
enforcement agency |
6 |
| under this subsection (j) shall be used for enforcement and |
7 |
| prevention of driving while under the influence of alcohol, |
8 |
| other drug or drugs, intoxicating compound or compounds or any |
9 |
| combination thereof, as defined by this Section, including but |
10 |
| not limited to the purchase of law
enforcement equipment and |
11 |
| commodities that will assist in the prevention of alcohol |
12 |
| related
criminal violence throughout the State; police officer |
13 |
| training and education in areas related to alcohol related |
14 |
| crime, including but not limited to DUI training; and police |
15 |
| officer salaries, including but not limited to salaries for |
16 |
| hire back funding for safety checkpoints, saturation patrols, |
17 |
| and liquor store sting operations. Equipment and commodities |
18 |
| shall include, but are not limited
to, in-car video cameras, |
19 |
| radar and laser speed detection devices, and alcohol
breath |
20 |
| testers.
Any moneys received by the Department of State Police |
21 |
| under this subsection
(j) shall be deposited into the State |
22 |
| Police DUI Fund and shall be used for enforcement and |
23 |
| prevention of driving while under the influence of alcohol, |
24 |
| other drug or drugs, intoxicating compound or compounds or any |
25 |
| combination thereof, as defined by this Section, including but |
26 |
| not limited to the
purchase of law enforcement equipment and |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| commodities that will assist in the prevention of
alcohol |
2 |
| related criminal violence throughout the State; police officer |
3 |
| training and education in areas related to alcohol related |
4 |
| crime, including but not limited to DUI training; and police |
5 |
| officer salaries, including but not limited to salaries for |
6 |
| hire back funding for safety checkpoints, saturation patrols, |
7 |
| and liquor store sting operations.
|
8 |
| (k) The Secretary of State Police DUI Fund is created as a |
9 |
| special
fund in the State treasury. All moneys received by the |
10 |
| Secretary of State
Police under subsection (j) of this Section |
11 |
| shall be deposited into the
Secretary of State Police DUI Fund |
12 |
| and, subject to appropriation, shall be
used for enforcement |
13 |
| and prevention of driving while under the influence of alcohol, |
14 |
| other drug or drugs, intoxicating compound or compounds or any |
15 |
| combination thereof, as defined by this Section, including but |
16 |
| not limited to the purchase of law enforcement equipment and |
17 |
| commodities to assist in the prevention of
alcohol related |
18 |
| criminal violence throughout the State; police officer |
19 |
| training and education in areas related to alcohol related |
20 |
| crime, including but not limited to DUI training; and police |
21 |
| officer salaries, including but not limited to salaries for |
22 |
| hire back funding for safety checkpoints, saturation patrols, |
23 |
| and liquor store sting operations.
|
24 |
| (l) Whenever an individual is sentenced for an offense |
25 |
| based upon an
arrest for a violation of subsection (a) or a |
26 |
| similar provision of a local
ordinance, and the professional |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 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 |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| agency for each emergency response. As used in this subsection |
2 |
| (m),
"emergency response" means any incident requiring a |
3 |
| response by a police
officer, a firefighter carried on the |
4 |
| rolls of a regularly constituted fire
department, or an |
5 |
| ambulance.
|
6 |
| (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; |
7 |
| 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; |
8 |
| 93-840, eff. 7-30-04; 94-110, eff. 1-1-06; 94-963, eff. |
9 |
| 6-28-06.)
|
10 |
| (Text of Section from P.A. 94-113, 94-609, and 94-963) |
11 |
| Sec. 11-501. Driving while under the influence of alcohol, |
12 |
| other drug or
drugs, intoxicating compound or compounds or any |
13 |
| combination thereof.
|
14 |
| (a) A person shall not drive or be in actual
physical |
15 |
| control of any vehicle within this State while:
|
16 |
| (1) the alcohol concentration in the person's blood or |
17 |
| breath is 0.08
or more based on the definition of blood and |
18 |
| breath units in Section 11-501.2;
|
19 |
| (2) under the influence of alcohol;
|
20 |
| (3) under the influence of any intoxicating compound or |
21 |
| combination of
intoxicating compounds to a degree that |
22 |
| renders the person incapable of
driving safely;
|
23 |
| (4) under the influence of any other drug or |
24 |
| combination of drugs to a
degree that renders the person |
25 |
| incapable of safely driving;
|
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| (5) under the combined influence of alcohol, other drug |
2 |
| or drugs, or
intoxicating compound or compounds to a degree |
3 |
| that renders the person
incapable of safely driving; or
|
4 |
| (6) there is any amount of a drug, substance, or |
5 |
| compound in the
person's breath, blood, or urine resulting |
6 |
| from the unlawful use or consumption
of cannabis listed in |
7 |
| the Cannabis Control Act, a controlled substance listed
in |
8 |
| the Illinois Controlled Substances Act, or an intoxicating |
9 |
| compound listed
in the Use of Intoxicating Compounds Act.
|
10 |
| (b) The fact that any person charged with violating this |
11 |
| Section is or
has been legally entitled to use alcohol, other |
12 |
| drug or drugs, or
intoxicating compound or compounds, or any
|
13 |
| combination thereof, shall not constitute a defense against any |
14 |
| charge of
violating this Section.
|
15 |
| (b-1) With regard to penalties imposed under this Section:
|
16 |
| (1) Any reference to a prior violation of subsection |
17 |
| (a) or a similar
provision includes any violation of a |
18 |
| provision of a local ordinance or a
provision of a law of |
19 |
| another state that is similar to a violation of
subsection |
20 |
| (a) of this Section.
|
21 |
| (2) Any penalty imposed for driving with a license that |
22 |
| has been revoked
for a previous violation of subsection (a) |
23 |
| of this Section shall be in
addition to the penalty imposed |
24 |
| for any subsequent violation of subsection (a).
|
25 |
| (b-2) Except as otherwise provided in this Section, any |
26 |
| person convicted of
violating subsection (a) of this Section is |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| guilty of a Class A misdemeanor.
|
2 |
| (b-3) In addition to any other criminal or administrative |
3 |
| sanction for any
second conviction of violating subsection (a) |
4 |
| or a similar provision committed
within 5 years of a previous |
5 |
| violation of subsection (a) or a similar
provision, the |
6 |
| defendant shall be sentenced to a mandatory minimum of 5 days |
7 |
| of
imprisonment or assigned a mandatory minimum of 240 hours of |
8 |
| community service
as may be determined by the court.
|
9 |
| (b-4) In the case of a third or subsequent violation |
10 |
| committed within 5
years of a previous violation of subsection |
11 |
| (a) or a similar provision, in
addition to any other criminal |
12 |
| or administrative sanction, a mandatory minimum
term of either |
13 |
| 10 days of imprisonment or 480 hours of community service shall
|
14 |
| be imposed.
|
15 |
| (b-5) The imprisonment or assignment of community service |
16 |
| under subsections
(b-3) and (b-4) shall not be subject to |
17 |
| suspension, nor shall the person be
eligible for a reduced |
18 |
| sentence.
|
19 |
| (c) (Blank).
|
20 |
| (c-1) (1) A person who violates subsection (a)
during
a |
21 |
| period in which his
or her driving privileges are revoked |
22 |
| or suspended, where the revocation or
suspension was for a |
23 |
| violation of subsection (a), Section
11-501.1, paragraph |
24 |
| (b)
of Section 11-401, or for reckless homicide as defined |
25 |
| in Section 9-3 of
the Criminal Code of 1961 is guilty of a
|
26 |
| Class 4 felony.
|
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| (2) A person who violates subsection (a) a third
time, |
2 |
| if the third violation occurs during a period in
which his |
3 |
| or her driving privileges are revoked or suspended where |
4 |
| the
revocation
or suspension was for a violation of |
5 |
| subsection (a),
Section 11-501.1, paragraph
(b) of Section |
6 |
| 11-401, or for reckless homicide as defined in Section 9-3
|
7 |
| of the Criminal Code of 1961, is guilty of
a Class 3 |
8 |
| felony. |
9 |
| (2.1) A person who violates subsection (a) a third |
10 |
| time, if the third
violation occurs during a period in |
11 |
| which his or her driving privileges are
revoked or |
12 |
| suspended where the revocation or suspension was for a |
13 |
| violation of
subsection (a), Section 11-501.1, subsection |
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 3 felony; and if the
person receives a term of
|
17 |
| probation or conditional discharge, he or she shall be |
18 |
| required to serve a
mandatory
minimum of 10 days of |
19 |
| imprisonment or shall be assigned a mandatory minimum of
|
20 |
| 480 hours of community service, as may be determined by the |
21 |
| court, as a
condition of the probation or conditional |
22 |
| discharge. This mandatory minimum
term of imprisonment or |
23 |
| assignment of community service shall not be suspended
or |
24 |
| reduced by the court.
|
25 |
| (2.2) A person who violates subsection (a), if the
|
26 |
| violation occurs during a period in which his or her |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 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) A person who violates subsection (a), if the person |
23 |
| was transporting
a person under the age of 16 at the time of |
24 |
| the violation, is subject to an
additional mandatory minimum |
25 |
| fine of $1,000, an additional mandatory minimum
140 hours of |
26 |
| community service, which shall include 40 hours of community
|
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| service in a program benefiting children, and an additional 2 |
2 |
| days of
imprisonment. The imprisonment or assignment of |
3 |
| community service under this
subsection (c-5) is not subject to |
4 |
| suspension, nor is the person eligible for
a reduced sentence.
|
5 |
| (c-6) Except as provided in subsections (c-7) and (c-8) a |
6 |
| person who
violates
subsection (a) a second time, if at the |
7 |
| time of
the second violation the person was transporting a |
8 |
| person under the age of 16,
is subject to an additional 10 days |
9 |
| of imprisonment, an additional mandatory
minimum fine of |
10 |
| $1,000, and an additional mandatory minimum 140 hours of
|
11 |
| community service, which shall include 40 hours of community |
12 |
| service in a
program benefiting children.
The imprisonment or |
13 |
| assignment of community service under this subsection (c-6)
is |
14 |
| not subject to suspension, nor is the person eligible for a |
15 |
| reduced
sentence. If the person was transporting a passenger |
16 |
| under the age of 16 years at the time of the first violation |
17 |
| and at the time of the second violation, the person is guilty |
18 |
| of a Class 4 felony.
|
19 |
| (c-7) Except as provided in subsection (c-8), any person |
20 |
| convicted of
violating subsection (c-6) or a similar
provision |
21 |
| within 10 years of a previous violation of subsection (a) or a
|
22 |
| similar provision shall receive, in addition to any other |
23 |
| penalty imposed, a
mandatory minimum 12 days imprisonment, an |
24 |
| additional 40 hours of mandatory
community service in a program |
25 |
| benefiting children, and a mandatory minimum
fine of $1,750. |
26 |
| The imprisonment or assignment of community service under this
|
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| subsection (c-7) is not subject to suspension, nor is the |
2 |
| person
eligible for a reduced sentence. If the person was |
3 |
| transporting a passenger under the age of 16 years at the time |
4 |
| of the first violation and at the time of the second violation, |
5 |
| the person is guilty of a Class 4 felony.
|
6 |
| (c-8) Any person convicted of violating subsection (c-6) or |
7 |
| a similar
provision within 5 years of a previous violation of |
8 |
| subsection (a) or a similar
provision shall receive, in |
9 |
| addition to any other penalty imposed, an
additional 80 hours |
10 |
| of mandatory community service in a program benefiting
|
11 |
| children, an additional mandatory minimum 12 days of |
12 |
| imprisonment, and a
mandatory minimum fine of $1,750. The |
13 |
| imprisonment or assignment of community
service under this |
14 |
| subsection (c-8) is not subject to suspension, nor
is the
|
15 |
| person eligible for a reduced sentence. If the person was |
16 |
| transporting a passenger under the age of 16 years at the time |
17 |
| of the first violation and at the time of the second violation, |
18 |
| the person is guilty of a Class 4 felony.
|
19 |
| (c-9) Any person convicted a third time for violating |
20 |
| subsection (a) or a
similar provision, if at the time of the |
21 |
| third violation the person was
transporting a person under the |
22 |
| age of 16, is guilty of a Class 4 felony and shall
receive, in |
23 |
| addition to any other
penalty imposed, an additional mandatory |
24 |
| fine of $1,000, an additional
mandatory 140 hours of community |
25 |
| service, which shall include 40 hours in a
program benefiting |
26 |
| children, and a mandatory minimum 30 days of imprisonment.
The |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| imprisonment or assignment of community service under this |
2 |
| subsection (c-9)
is not subject to suspension, nor is the |
3 |
| person eligible for a reduced
sentence.
|
4 |
| (c-10) Any person convicted of violating subsection (c-9) |
5 |
| or a similar
provision a third time within 20 years of a |
6 |
| previous violation of subsection
(a) or a
similar provision is |
7 |
| guilty of a Class 4 felony and shall receive, in addition
to |
8 |
| any other penalty imposed, an additional mandatory 40 hours of |
9 |
| community
service in a program benefiting children, an |
10 |
| additional mandatory fine of
$3,000, and a mandatory minimum |
11 |
| 120 days of imprisonment. The imprisonment or
assignment of |
12 |
| community service under this subsection (c-10) is not subject |
13 |
| to
suspension, nor is the person eligible for a reduced |
14 |
| sentence.
|
15 |
| (c-11) Any person convicted a fourth or subsequent time for |
16 |
| violating
subsection (a) or a similar provision, if at the time |
17 |
| of the fourth or
subsequent violation the person was |
18 |
| transporting a person under the age of 16,
and if the person's |
19 |
| 3 prior violations of subsection (a) or a similar provision
|
20 |
| occurred while transporting a person under the age of 16 or |
21 |
| while the alcohol
concentration in his or her blood, breath, or |
22 |
| urine was 0.16 or more based
on the definition of blood, |
23 |
| breath, or urine units in Section 11-501.2, is
guilty of a |
24 |
| Class 2 felony, is not eligible for probation or conditional
|
25 |
| discharge, and is subject to a minimum fine of $3,000.
|
26 |
| (c-12) Any person convicted of a first violation of |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
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 committed within 10 years of a previous violation of |
12 |
| subsection (a) or a similar provision, if at the time of the |
13 |
| second violation of subsection (a) the
alcohol concentration in |
14 |
| his or her blood, breath, or urine was 0.16 or more
based on |
15 |
| the definition of blood, breath, or urine units in Section |
16 |
| 11-501.2,
shall be
subject, in addition to any other penalty |
17 |
| that may be imposed, to a mandatory
minimum of 2 days of |
18 |
| imprisonment and a mandatory minimum fine of $1,250.
|
19 |
| (c-14) Any person convicted of a third violation of |
20 |
| subsection (a) or a
similar provision within 20 years of a |
21 |
| previous violation of subsection (a) or
a
similar provision, if |
22 |
| at the time of the third violation of subsection (a) or a
|
23 |
| similar provision the alcohol concentration in his or her |
24 |
| 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 4 felony and shall be subject, |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
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 |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
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 |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
1 |
| subsection (a), was
involved in a motor vehicle, |
2 |
| snowmobile, all-terrain vehicle, or watercraft
|
3 |
| accident that resulted in
the death of another person, |
4 |
| when the violation of subsection
(a) was
a proximate |
5 |
| cause of the death.
|
6 |
| (2) Except as provided in this paragraph (2), a person |
7 |
| convicted of
aggravated driving under
the
influence of |
8 |
| alcohol, other drug or
drugs,
or intoxicating compound or |
9 |
| compounds, or any
combination thereof is guilty of a Class |
10 |
| 4 felony. For a violation of
subparagraph (C)
of
paragraph |
11 |
| (1) of this subsection (d), the defendant, if sentenced to |
12 |
| a term
of imprisonment, shall be sentenced
to not less than
|
13 |
| one year nor more than 12 years.
Aggravated driving under |
14 |
| the influence of alcohol, other drug or drugs,
or |
15 |
| intoxicating compound or compounds, or any combination |
16 |
| thereof as
defined in subparagraph (F) of paragraph (1) of |
17 |
| this subsection (d) is
a Class 2 felony, for which the |
18 |
| defendant, unless the court determines that extraordinary |
19 |
| circumstances exist and require probation, shall be |
20 |
| sentenced to: (A) a
term of imprisonment of not less than 3 |
21 |
| years and not more
than 14 years if the violation resulted |
22 |
| in the death of one person; or
(B) a term of imprisonment |
23 |
| of not less than 6 years and not
more than 28 years if the |
24 |
| violation resulted in the deaths of 2 or more
persons.
For |
25 |
| any prosecution under this subsection
(d), a certified copy |
26 |
| of the
driving abstract of the defendant shall be admitted |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
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 |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated |
2 |
| Motorists.
All costs generated by
the victim impact panel shall |
3 |
| be paid from fees collected from the
offender or as may be |
4 |
| determined by the court.
|
5 |
| (f) Every person found guilty of violating this Section, |
6 |
| whose
operation of a motor vehicle while in violation of this |
7 |
| Section proximately
caused any incident resulting in an |
8 |
| appropriate emergency response, shall
be liable for the expense |
9 |
| of an emergency response as provided under
Section 5-5-3 of the |
10 |
| Unified Code of Corrections.
|
11 |
| (g) The Secretary of State shall revoke the driving |
12 |
| privileges of any
person convicted under this Section or a |
13 |
| similar provision of a local
ordinance.
|
14 |
| (h) (Blank).
|
15 |
| (i) The Secretary of State shall require the use of |
16 |
| ignition interlock
devices on all vehicles owned by an |
17 |
| individual who has been convicted of a
second
or subsequent |
18 |
| offense of this Section or a similar provision of a local
|
19 |
| ordinance. The Secretary shall establish by rule and regulation |
20 |
| the procedures
for certification and use of the interlock |
21 |
| system.
|
22 |
| (j) In addition to any other penalties and liabilities, a |
23 |
| person who is
found guilty of or pleads guilty to violating |
24 |
| subsection (a), including any
person placed on court |
25 |
| supervision for violating subsection (a), shall be fined
$500, |
26 |
| payable to the
circuit clerk, who shall distribute the money as |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| follows: 20% to the law enforcement agency
that made the arrest |
2 |
| and 80% shall be forwarded to the State Treasurer for deposit |
3 |
| into the General Revenue Fund. If the person has been |
4 |
| previously convicted of violating
subsection (a) or a similar |
5 |
| provision of a local
ordinance, the fine shall be
$1,000. In |
6 |
| the event that more than one agency is responsible
for the |
7 |
| arrest, the amount payable to law enforcement agencies shall be |
8 |
| shared equally. Any moneys received
by a law
enforcement agency |
9 |
| under this subsection (j) shall be used for enforcement and |
10 |
| prevention of driving while under the influence of alcohol, |
11 |
| other drug or drugs, intoxicating compound or compounds or any |
12 |
| combination thereof, as defined by this Section, including but |
13 |
| not limited to the purchase of law
enforcement equipment and |
14 |
| commodities that will assist in the prevention of alcohol |
15 |
| related
criminal violence throughout the State; police officer |
16 |
| training and education in areas related to alcohol related |
17 |
| crime, including but not limited to DUI training; and police |
18 |
| officer salaries, including but not limited to salaries for |
19 |
| hire back funding for safety checkpoints, saturation patrols, |
20 |
| and liquor store sting operations. Equipment and commodities |
21 |
| shall include, but are not limited
to, in-car video cameras, |
22 |
| radar and laser speed detection devices, and alcohol
breath |
23 |
| testers.
Any moneys received by the Department of State Police |
24 |
| under this subsection
(j) shall be deposited into the State |
25 |
| Police DUI Fund and shall be used for enforcement and |
26 |
| prevention of driving while under the influence of alcohol, |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
1 |
| other drug or drugs, intoxicating compound or compounds or any |
2 |
| combination thereof, as defined by this Section, including but |
3 |
| not limited to the
purchase of law enforcement equipment and |
4 |
| commodities that will assist in the prevention of
alcohol |
5 |
| related criminal violence throughout the State; police officer |
6 |
| training and education in areas related to alcohol related |
7 |
| crime, including but not limited to DUI training; and police |
8 |
| officer salaries, including but not limited to salaries for |
9 |
| hire back funding for safety checkpoints, saturation patrols, |
10 |
| and liquor store sting operations.
|
11 |
| (k) The Secretary of State Police DUI Fund is created as a |
12 |
| special
fund in the State treasury. All moneys received by the |
13 |
| Secretary of State
Police under subsection (j) of this Section |
14 |
| shall be deposited into the
Secretary of State Police DUI Fund |
15 |
| and, subject to appropriation, shall be
used for enforcement |
16 |
| and prevention of driving while under the influence of alcohol, |
17 |
| other drug or drugs, intoxicating compound or compounds or any |
18 |
| combination thereof, as defined by this Section, including but |
19 |
| not limited to the purchase of law enforcement equipment and |
20 |
| commodities to assist in the prevention of
alcohol related |
21 |
| criminal violence throughout the State; police officer |
22 |
| training and education in areas related to alcohol related |
23 |
| crime, including but not limited to DUI training; and police |
24 |
| officer salaries, including but not limited to salaries for |
25 |
| hire back funding for safety checkpoints, saturation patrols, |
26 |
| and liquor store sting operations.
|
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| (l) Whenever an individual is sentenced for an offense |
2 |
| based upon an
arrest for a violation of subsection (a) or a |
3 |
| similar provision of a local
ordinance, and the professional |
4 |
| evaluation recommends remedial or
rehabilitative treatment or |
5 |
| education, neither the treatment nor the education
shall be the |
6 |
| sole disposition and either or both may be imposed only in
|
7 |
| conjunction with another disposition. The court shall monitor |
8 |
| compliance with
any remedial education or treatment |
9 |
| recommendations contained in the
professional evaluation. |
10 |
| Programs conducting alcohol or other drug evaluation
or |
11 |
| remedial education must be licensed by the Department of Human |
12 |
| Services. If
the individual is not a resident of Illinois, |
13 |
| however, the court may accept an
alcohol or other drug |
14 |
| evaluation or remedial education program in the
individual's |
15 |
| state of residence. Programs providing treatment must be |
16 |
| licensed
under existing applicable alcoholism and drug |
17 |
| treatment licensure standards.
|
18 |
| (m) In addition to any other fine or penalty required by |
19 |
| law, an individual
convicted of a violation of subsection (a), |
20 |
| Section 5-7 of the Snowmobile
Registration and Safety Act, |
21 |
| Section 5-16 of the Boat Registration and Safety
Act, or a |
22 |
| similar provision, whose operation of a motor vehicle, |
23 |
| snowmobile, or
watercraft while in
violation of subsection (a), |
24 |
| Section 5-7 of the Snowmobile Registration and
Safety Act, |
25 |
| Section 5-16 of the Boat Registration and Safety Act, or a |
26 |
| similar
provision proximately caused an incident resulting in |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| an appropriate emergency
response, shall be required to make |
2 |
| restitution to a public agency for the
costs of that emergency |
3 |
| response. The restitution may not exceed $1,000 per
public |
4 |
| agency for each emergency response. As used in this subsection |
5 |
| (m),
"emergency response" means any incident requiring a |
6 |
| response by a police
officer, a firefighter carried on the |
7 |
| rolls of a regularly constituted fire
department, or an |
8 |
| ambulance.
|
9 |
| (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; |
10 |
| 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; |
11 |
| 93-840, eff. 7-30-04; 94-113, eff. 1-1-06; 94-609, eff. 1-1-06; |
12 |
| 94-963, eff. 6-28-06.)
|
13 |
| (Text of Section from P.A. 94-114 and 94-963) |
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;
|
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 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 |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| for any subsequent violation of subsection (a).
|
2 |
| (b-2) Except as otherwise provided in this Section, any |
3 |
| person convicted of
violating subsection (a) of this Section is |
4 |
| guilty of a Class A misdemeanor.
|
5 |
| (b-3) In addition to any other criminal or administrative |
6 |
| sanction for any
second conviction of violating subsection (a) |
7 |
| or a similar provision committed
within 5 years of a previous |
8 |
| violation of subsection (a) or a similar
provision, the |
9 |
| defendant shall be sentenced to a mandatory minimum of 5 days |
10 |
| of
imprisonment or assigned a mandatory minimum of 240 hours of |
11 |
| community service
as may be determined by the court.
|
12 |
| (b-4) In the case of a third or subsequent violation |
13 |
| committed within 5
years of a previous violation of subsection |
14 |
| (a) or a similar provision, in
addition to any other criminal |
15 |
| or administrative sanction, a mandatory minimum
term of either |
16 |
| 10 days of imprisonment or 480 hours of community service shall
|
17 |
| be imposed.
|
18 |
| (b-5) The imprisonment or assignment of community service |
19 |
| under subsections
(b-3) and (b-4) shall not be subject to |
20 |
| suspension, nor shall the person be
eligible for a reduced |
21 |
| sentence.
|
22 |
| (c) (Blank).
|
23 |
| (c-1) (1) A person who violates subsection (a)
during
a |
24 |
| period in which his
or her driving privileges are revoked |
25 |
| or suspended, where the revocation or
suspension was for a |
26 |
| violation of subsection (a), Section
11-501.1, paragraph |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| (b)
of Section 11-401, or for reckless homicide as defined |
2 |
| in Section 9-3 of
the Criminal Code of 1961 is guilty of a
|
3 |
| Class 4 felony.
|
4 |
| (2) A person who violates subsection (a) a third
time, |
5 |
| if the third violation occurs during a period in
which his |
6 |
| or her driving privileges are revoked or suspended where |
7 |
| the
revocation
or suspension was for a violation of |
8 |
| subsection (a),
Section 11-501.1, paragraph
(b) of Section |
9 |
| 11-401, or for reckless homicide as defined in Section 9-3
|
10 |
| of the Criminal Code of 1961, is guilty of
a Class 3 |
11 |
| felony. |
12 |
| (2.1) A person who violates subsection (a) a third |
13 |
| time, if the third
violation occurs during a period in |
14 |
| which his or her driving privileges are
revoked or |
15 |
| suspended where the revocation or suspension was for a |
16 |
| violation of
subsection (a), Section 11-501.1, subsection |
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 3 felony; and if the
person receives a term of
|
20 |
| probation or conditional discharge, he or she shall be |
21 |
| required to serve a
mandatory
minimum of 10 days of |
22 |
| imprisonment or shall be assigned a mandatory minimum of
|
23 |
| 480 hours of community service, as may be determined by the |
24 |
| court, as a
condition of the probation or conditional |
25 |
| discharge. This mandatory minimum
term of imprisonment or |
26 |
| assignment of community service shall not be suspended
or |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| reduced by the court.
|
2 |
| (2.2) A person who violates subsection (a), if the
|
3 |
| violation occurs during a period in which his or her |
4 |
| driving privileges are
revoked or suspended where the |
5 |
| revocation or suspension was for a violation of
subsection |
6 |
| (a) or Section 11-501.1, shall also be sentenced to an |
7 |
| additional
mandatory minimum term of 30 consecutive days of |
8 |
| imprisonment, 40 days of
24-hour periodic imprisonment, or |
9 |
| 720 hours of community service, as may be
determined by the |
10 |
| court. This mandatory term of imprisonment or assignment of
|
11 |
| community service shall not be suspended or reduced by the |
12 |
| court.
|
13 |
| (3) A person who violates subsection (a) a fourth or
|
14 |
| fifth time, if the fourth or fifth
violation occurs
during |
15 |
| a period in which his
or her driving privileges are revoked |
16 |
| or suspended where the revocation
or suspension was for a |
17 |
| violation of subsection (a),
Section 11-501.1, paragraph
|
18 |
| (b) of Section 11-401, or for reckless homicide as defined |
19 |
| in
Section 9-3
of
the Criminal Code of 1961, is guilty of
a |
20 |
| Class 2 felony and is not eligible for a sentence of |
21 |
| probation or
conditional discharge.
|
22 |
| (c-2) (Blank).
|
23 |
| (c-3) (Blank).
|
24 |
| (c-4) (Blank).
|
25 |
| (c-5) A person who violates subsection (a), if the person |
26 |
| was transporting
a person under the age of 16 at the time of |
|
|
|
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|
1 |
| the violation, is subject to an
additional mandatory minimum |
2 |
| fine of $1,000, an additional mandatory minimum
140 hours of |
3 |
| community service, which shall include 40 hours of community
|
4 |
| service in a program benefiting children, and an additional 2 |
5 |
| days of
imprisonment. The imprisonment or assignment of |
6 |
| community service under this
subsection (c-5) is not subject to |
7 |
| suspension, nor is the person eligible for
a reduced sentence.
|
8 |
| (c-6) Except as provided in subsections (c-7) and (c-8) a |
9 |
| person who
violates
subsection (a) a second time, if at the |
10 |
| time of
the second violation the person was transporting a |
11 |
| person under the age of 16,
is subject to an additional 10 days |
12 |
| of imprisonment, an additional mandatory
minimum fine of |
13 |
| $1,000, and an additional mandatory minimum 140 hours of
|
14 |
| community service, which shall include 40 hours of community |
15 |
| service in a
program benefiting children.
The imprisonment or |
16 |
| assignment of community service under this subsection (c-6)
is |
17 |
| not subject to suspension, nor is the person eligible for a |
18 |
| reduced
sentence. If the person was transporting a passenger |
19 |
| under the age of 16 years at the time of the first violation |
20 |
| and at the time of the second violation, the person is guilty |
21 |
| of a Class 4 felony.
|
22 |
| (c-7) Except as provided in subsection (c-8), any person |
23 |
| convicted of
violating subsection (c-6) or a similar
provision |
24 |
| within 10 years of a previous violation of subsection (a) or a
|
25 |
| similar provision shall receive, in addition to any other |
26 |
| penalty imposed, a
mandatory minimum 12 days imprisonment, an |
|
|
|
HB0247 |
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|
1 |
| additional 40 hours of mandatory
community service in a program |
2 |
| benefiting children, and a mandatory minimum
fine of $1,750. |
3 |
| The imprisonment or assignment of community service under this
|
4 |
| subsection (c-7) is not subject to suspension, nor is the |
5 |
| person
eligible for a reduced sentence. If the person was |
6 |
| transporting a passenger under the age of 16 years at the time |
7 |
| of the first violation and at the time of the second violation, |
8 |
| the person is guilty of a Class 4 felony.
|
9 |
| (c-8) Any person convicted of violating subsection (c-6) or |
10 |
| a similar
provision within 5 years of a previous violation of |
11 |
| subsection (a) or a similar
provision shall receive, in |
12 |
| addition to any other penalty imposed, an
additional 80 hours |
13 |
| of mandatory community service in a program benefiting
|
14 |
| children, an additional mandatory minimum 12 days of |
15 |
| imprisonment, and a
mandatory minimum fine of $1,750. The |
16 |
| imprisonment or assignment of community
service under this |
17 |
| subsection (c-8) is not subject to suspension, nor
is the
|
18 |
| person eligible for a reduced sentence. If the person was |
19 |
| transporting a passenger under the age of 16 years at the time |
20 |
| of the first violation and at the time of the second violation, |
21 |
| the person is guilty of a Class 4 felony.
|
22 |
| (c-9) Any person convicted a third time for violating |
23 |
| subsection (a) or a
similar provision, if at the time of the |
24 |
| third violation the person was
transporting a person under the |
25 |
| age of 16, is guilty of a Class 4 felony and shall
receive, in |
26 |
| addition to any other
penalty imposed, an additional mandatory |
|
|
|
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| fine of $1,000, an additional
mandatory 140 hours of community |
2 |
| service, which shall include 40 hours in a
program benefiting |
3 |
| children, and a mandatory minimum 30 days of imprisonment.
The |
4 |
| imprisonment or assignment of community service under this |
5 |
| subsection (c-9)
is not subject to suspension, nor is the |
6 |
| person eligible for a reduced
sentence.
|
7 |
| (c-10) Any person convicted of violating subsection (c-9) |
8 |
| or a similar
provision a third time within 20 years of a |
9 |
| previous violation of subsection
(a) or a
similar provision is |
10 |
| guilty of a Class 4 felony and shall receive, in addition
to |
11 |
| any other penalty imposed, an additional mandatory 40 hours of |
12 |
| community
service in a program benefiting children, an |
13 |
| additional mandatory fine of
$3,000, and a mandatory minimum |
14 |
| 120 days of imprisonment. The imprisonment or
assignment of |
15 |
| community service under this subsection (c-10) is not subject |
16 |
| to
suspension, nor is the person eligible for a reduced |
17 |
| sentence.
|
18 |
| (c-11) Any person convicted a fourth or fifth
time for |
19 |
| violating
subsection (a) or a similar provision, if at the time |
20 |
| of the fourth or
fifth violation the person was transporting a |
21 |
| person under the age of 16,
and if the person's 3 prior |
22 |
| violations of subsection (a) or a similar provision
occurred |
23 |
| while transporting a person under the age of 16 or while the |
24 |
| alcohol
concentration in his or her blood, breath, or urine was |
25 |
| 0.16 or more based
on the definition of blood, breath, or urine |
26 |
| units in Section 11-501.2, is
guilty of a Class 2 felony, is |
|
|
|
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|
1 |
| not eligible for probation or conditional
discharge, and is |
2 |
| subject to a minimum fine of $3,000.
|
3 |
| (c-12) Any person convicted of a first violation of |
4 |
| subsection (a) or a
similar provision, if the alcohol |
5 |
| concentration in his or her blood, breath, or
urine was 0.16 or |
6 |
| more based on the definition of blood, breath, or urine
units |
7 |
| in Section 11-501.2, shall be subject, in addition to any other |
8 |
| penalty
that may be imposed, to a mandatory minimum of 100 |
9 |
| hours of community service
and a mandatory minimum fine of |
10 |
| $500.
|
11 |
| (c-13) Any person convicted of a second violation of |
12 |
| subsection (a) or a similar provision committed within 10 years |
13 |
| of a previous violation of subsection (a) or a similar |
14 |
| provision committed within 10 years of a previous violation of |
15 |
| subsection (a) or a similar provision, if at the time of the |
16 |
| second violation of subsection (a) the
alcohol concentration in |
17 |
| his or her blood, breath, or urine was 0.16 or more
based on |
18 |
| the definition of blood, breath, or urine units in Section |
19 |
| 11-501.2,
shall be
subject, in addition to any other penalty |
20 |
| that may be imposed, to a mandatory
minimum of 2 days of |
21 |
| imprisonment and a mandatory minimum fine of $1,250.
|
22 |
| (c-14) Any person convicted of a third violation of |
23 |
| subsection (a) or a
similar provision within 20 years of a |
24 |
| previous violation of subsection (a) or
a
similar provision, if |
25 |
| at the time of the third violation of subsection (a) or a
|
26 |
| similar provision the alcohol concentration in his or her |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| blood, breath, or
urine was 0.16 or more based on the |
2 |
| definition of blood, breath, or urine units
in Section |
3 |
| 11-501.2, is guilty of a Class 4 felony and shall be subject, |
4 |
| in
addition to any other penalty that may be imposed, to a |
5 |
| mandatory minimum of
90 days of imprisonment and a mandatory |
6 |
| minimum fine of $2,500.
|
7 |
| (c-15) Any person convicted of a fourth or fifth
violation |
8 |
| of
subsection
(a) or a similar provision, if at the time of the |
9 |
| fourth or fifth
violation the alcohol concentration in his or |
10 |
| her 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, and if the person's 3 prior violations of subsection |
13 |
| (a) or a
similar provision occurred while transporting a person |
14 |
| under the age of 16 or
while the alcohol concentration in his |
15 |
| or her 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 is not eligible for |
18 |
| a sentence of
probation or conditional discharge and is subject |
19 |
| to a minimum fine of
$2,500.
|
20 |
| (c-16) Any person convicted of a sixth or subsequent |
21 |
| violation of subsection (a) is guilty of a Class X felony.
|
22 |
| (d) (1) Every person convicted of committing a violation of |
23 |
| this Section
shall be guilty of aggravated driving under |
24 |
| the influence of alcohol,
other drug or drugs, or |
25 |
| intoxicating compound or compounds, or any combination
|
26 |
| thereof if:
|
|
|
|
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LRB095 00167 DRH 20167 b |
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|
1 |
| (A) the person committed a violation of subsection |
2 |
| (a) or a similar
provision for the
third or subsequent |
3 |
| time;
|
4 |
| (B) the person committed a violation of subsection |
5 |
| (a)
while
driving a school bus with persons 18 years of |
6 |
| age or younger
on board;
|
7 |
| (C) the person in committing a violation of |
8 |
| subsection
(a) was
involved in a motor vehicle accident |
9 |
| that resulted in great bodily harm or
permanent |
10 |
| disability or disfigurement to another, when the |
11 |
| violation was
a proximate cause of the injuries;
|
12 |
| (D) the person committed a violation of subsection |
13 |
| (a)
for a
second time and has been previously convicted |
14 |
| of violating Section 9-3 of the
Criminal Code of 1961 |
15 |
| or a similar provision of a law of another state |
16 |
| relating to reckless homicide in which the person was
|
17 |
| determined to have been under the influence of alcohol, |
18 |
| other drug or
drugs, or intoxicating compound or |
19 |
| compounds as an element of the offense or
the person |
20 |
| has previously been convicted
under subparagraph (C) |
21 |
| or subparagraph (F) of this paragraph (1);
|
22 |
| (E) the person, in committing a violation of |
23 |
| subsection (a) while
driving at any speed in a school |
24 |
| speed zone at a time when a speed limit of
20 miles per |
25 |
| hour was in effect under subsection (a) of Section |
26 |
| 11-605 of
this Code, was involved in a motor vehicle |
|
|
|
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|
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| 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 |
|
|
|
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LRB095 00167 DRH 20167 b |
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|
1 |
| of not less than 6 years and not
more than 28 years if the |
2 |
| violation resulted in the deaths of 2 or more
persons.
For |
3 |
| any prosecution under this subsection
(d), a certified copy |
4 |
| of the
driving abstract of the defendant shall be admitted |
5 |
| as proof of any prior
conviction.
Any person sentenced |
6 |
| under this subsection (d) who receives a term of
probation
|
7 |
| or conditional discharge must serve a minimum term of |
8 |
| either 480 hours of
community service or 10 days of |
9 |
| imprisonment as a condition of the probation or
conditional |
10 |
| discharge. This mandatory minimum term of imprisonment or
|
11 |
| assignment of community service may not be suspended or |
12 |
| reduced by the court.
|
13 |
| (e) After a finding of guilt and prior to any final |
14 |
| sentencing, or an
order for supervision, for an offense based |
15 |
| upon an arrest for a
violation of this Section or a similar |
16 |
| provision of a local ordinance,
individuals shall be required |
17 |
| to undergo a professional evaluation to
determine if an |
18 |
| alcohol, drug, or intoxicating compound abuse problem exists
|
19 |
| and the
extent of the problem, and undergo the imposition of |
20 |
| treatment as appropriate.
Programs conducting these |
21 |
| evaluations shall be
licensed by the Department of Human |
22 |
| Services. The cost of any professional
evaluation shall be paid |
23 |
| for by the
individual
required to undergo the professional |
24 |
| evaluation.
|
25 |
| (e-1) Any person who is found guilty of or pleads guilty to |
26 |
| violating this
Section, including any person receiving a |
|
|
|
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LRB095 00167 DRH 20167 b |
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|
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| 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 |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
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| 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 for enforcement and |
14 |
| prevention of driving while under the influence of alcohol, |
15 |
| other drug or drugs, intoxicating compound or compounds or any |
16 |
| combination thereof, as defined by this Section, including but |
17 |
| not limited to the purchase of law
enforcement equipment and |
18 |
| commodities that will assist in the prevention of alcohol |
19 |
| related
criminal violence throughout the State; police officer |
20 |
| training and education in areas related to alcohol related |
21 |
| crime, including but not limited to DUI training; and police |
22 |
| officer salaries, including but not limited to salaries for |
23 |
| hire back funding for safety checkpoints, saturation patrols, |
24 |
| and liquor store sting operations. Equipment and commodities |
25 |
| shall include, but are not limited
to, in-car video cameras, |
26 |
| radar and laser speed detection devices, and alcohol
breath |
|
|
|
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LRB095 00167 DRH 20167 b |
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1 |
| testers.
Any moneys received by the Department of State Police |
2 |
| under this subsection
(j) shall be deposited into the State |
3 |
| Police DUI Fund and shall be used for enforcement and |
4 |
| prevention of driving while under the influence of alcohol, |
5 |
| other drug or drugs, intoxicating compound or compounds or any |
6 |
| combination thereof, as defined by this Section, including but |
7 |
| not limited to the
purchase of law enforcement equipment and |
8 |
| commodities that will assist in the prevention of
alcohol |
9 |
| related criminal violence throughout the State; police officer |
10 |
| training and education in areas related to alcohol related |
11 |
| crime, including but not limited to DUI training; and police |
12 |
| officer salaries, including but not limited to salaries for |
13 |
| hire back funding for safety checkpoints, saturation patrols, |
14 |
| and liquor store sting operations.
|
15 |
| (k) The Secretary of State Police DUI Fund is created as a |
16 |
| special
fund in the State treasury. All moneys received by the |
17 |
| Secretary of State
Police under subsection (j) of this Section |
18 |
| shall be deposited into the
Secretary of State Police DUI Fund |
19 |
| and, subject to appropriation, shall be
used for enforcement |
20 |
| and prevention of driving while under the influence of alcohol, |
21 |
| other drug or drugs, intoxicating compound or compounds or any |
22 |
| combination thereof, as defined by this Section, including but |
23 |
| not limited to the purchase of law enforcement equipment and |
24 |
| commodities to assist in the prevention of
alcohol related |
25 |
| criminal violence throughout the State; police officer |
26 |
| training and education in areas related to alcohol related |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
1 |
| crime, including but not limited to DUI training; and police |
2 |
| officer salaries, including but not limited to salaries for |
3 |
| hire back funding for safety checkpoints, saturation patrols, |
4 |
| and liquor store sting operations.
|
5 |
| (l) Whenever an individual is sentenced for an offense |
6 |
| based upon an
arrest for a violation of subsection (a) or a |
7 |
| similar provision of a local
ordinance, and the professional |
8 |
| evaluation recommends remedial or
rehabilitative treatment or |
9 |
| education, neither the treatment nor the education
shall be the |
10 |
| sole disposition and either or both may be imposed only in
|
11 |
| conjunction with another disposition. The court shall monitor |
12 |
| compliance with
any remedial education or treatment |
13 |
| recommendations contained in the
professional evaluation. |
14 |
| Programs conducting alcohol or other drug evaluation
or |
15 |
| remedial education must be licensed by the Department of Human |
16 |
| Services. If
the individual is not a resident of Illinois, |
17 |
| however, the court may accept an
alcohol or other drug |
18 |
| evaluation or remedial education program in the
individual's |
19 |
| state of residence. Programs providing treatment must be |
20 |
| licensed
under existing applicable alcoholism and drug |
21 |
| treatment licensure standards.
|
22 |
| (m) In addition to any other fine or penalty required by |
23 |
| law, an individual
convicted of a violation of subsection (a), |
24 |
| Section 5-7 of the Snowmobile
Registration and Safety Act, |
25 |
| Section 5-16 of the Boat Registration and Safety
Act, or a |
26 |
| similar provision, whose operation of a motor vehicle, |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| snowmobile, or
watercraft while in
violation of subsection (a), |
2 |
| Section 5-7 of the Snowmobile Registration and
Safety Act, |
3 |
| Section 5-16 of the Boat Registration and Safety Act, or a |
4 |
| similar
provision proximately caused an incident resulting in |
5 |
| an appropriate emergency
response, shall be required to make |
6 |
| restitution to a public agency for the
costs of that emergency |
7 |
| response. The restitution may not exceed $1,000 per
public |
8 |
| agency for each emergency response. As used in this subsection |
9 |
| (m),
"emergency response" means any incident requiring a |
10 |
| response by a police
officer, a firefighter carried on the |
11 |
| rolls of a regularly constituted fire
department, or an |
12 |
| ambulance.
|
13 |
| (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; |
14 |
| 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; |
15 |
| 93-840, eff. 7-30-04; 94-114, eff. 1-1-06; 94-963, eff. |
16 |
| 6-28-06.)
|
17 |
| (Text of Section from P.A. 94-116 and 94-963) |
18 |
| Sec. 11-501. Driving while under the influence of alcohol, |
19 |
| other drug or
drugs, intoxicating compound or compounds or any |
20 |
| combination thereof.
|
21 |
| (a) A person shall not drive or be in actual
physical |
22 |
| control of any vehicle within this State while:
|
23 |
| (1) the alcohol concentration in the person's blood or |
24 |
| breath is 0.08
or more based on the definition of blood and |
25 |
| breath units in Section 11-501.2;
|
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| (2) under the influence of alcohol;
|
2 |
| (3) under the influence of any intoxicating compound or |
3 |
| combination of
intoxicating compounds to a degree that |
4 |
| renders the person incapable of
driving safely;
|
5 |
| (4) under the influence of any other drug or |
6 |
| combination of drugs to a
degree that renders the person |
7 |
| incapable of safely driving;
|
8 |
| (5) under the combined influence of alcohol, other drug |
9 |
| or drugs, or
intoxicating compound or compounds to a degree |
10 |
| that renders the person
incapable of safely driving; or
|
11 |
| (6) there is any amount of a drug, substance, or |
12 |
| compound in the
person's breath, blood, or urine resulting |
13 |
| from the unlawful use or consumption
of cannabis listed in |
14 |
| the Cannabis Control Act, a controlled substance listed
in |
15 |
| the Illinois Controlled Substances Act, or an intoxicating |
16 |
| compound listed
in the Use of Intoxicating Compounds Act.
|
17 |
| (b) The fact that any person charged with violating this |
18 |
| Section is or
has been legally entitled to use alcohol, other |
19 |
| drug or drugs, or
intoxicating compound or compounds, or any
|
20 |
| combination thereof, shall not constitute a defense against any |
21 |
| charge of
violating this Section.
|
22 |
| (b-1) With regard to penalties imposed under this Section:
|
23 |
| (1) Any reference to a prior violation of subsection |
24 |
| (a) or a similar
provision includes any violation of a |
25 |
| provision of a local ordinance or a
provision of a law of |
26 |
| another state that is similar to a violation of
subsection |
|
|
|
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LRB095 00167 DRH 20167 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 violation committed within 5
|
17 |
| years of a previous violation of subsection (a) or a similar |
18 |
| provision, the defendant is guilty of a Class 2 felony, and in
|
19 |
| addition to any other criminal or administrative sanction, a |
20 |
| mandatory minimum
term of either 10 days of imprisonment or 480 |
21 |
| hours of community service shall
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).
|
|
|
|
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LRB095 00167 DRH 20167 b |
|
|
1 |
| (c-1) (1) A person who violates subsection (a)
during
a |
2 |
| period in which his
or her driving privileges are revoked |
3 |
| or suspended, where the revocation or
suspension was for a |
4 |
| violation of subsection (a), Section
11-501.1, paragraph |
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 4 felony.
|
8 |
| (2) A person who violates subsection (a) a third
time |
9 |
| is guilty of
a Class 2 felony. |
10 |
| (2.1) A person who violates subsection (a) a third |
11 |
| time, if the third
violation occurs during a period in |
12 |
| which his or her driving privileges are
revoked or |
13 |
| suspended where the revocation or suspension was for a |
14 |
| violation of
subsection (a), Section 11-501.1, subsection |
15 |
| (b) of Section 11-401, or for
reckless homicide as defined |
16 |
| in Section
9-3 of the Criminal Code of 1961, is guilty of a |
17 |
| Class 2 felony; and if the
person receives a term of
|
18 |
| probation or conditional discharge, he or she shall be |
19 |
| required to serve a
mandatory
minimum of 10 days of |
20 |
| imprisonment or shall be assigned a mandatory minimum of
|
21 |
| 480 hours of community service, as may be determined by the |
22 |
| court, as a
condition of the probation or conditional |
23 |
| discharge. This mandatory minimum
term of imprisonment or |
24 |
| assignment of community service shall not be suspended
or |
25 |
| reduced by the court.
|
26 |
| (2.2) A person who violates subsection (a), if the
|
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| violation occurs during a period in which his or her |
2 |
| driving privileges are
revoked or suspended where the |
3 |
| revocation or suspension was for a violation of
subsection |
4 |
| (a) or Section 11-501.1, shall also be sentenced to an |
5 |
| additional
mandatory minimum term of 30 consecutive days of |
6 |
| imprisonment, 40 days of
24-hour periodic imprisonment, or |
7 |
| 720 hours of community service, as may be
determined by the |
8 |
| court. This mandatory term of imprisonment or assignment of
|
9 |
| community service shall not be suspended or reduced by the |
10 |
| court.
|
11 |
| (3) A person who violates subsection (a) a fourth time |
12 |
| is guilty of
a Class 2 felony and is not eligible for a |
13 |
| sentence of probation or
conditional discharge.
|
14 |
| (4) A person who violates subsection (a) a fifth or |
15 |
| subsequent time is guilty of a Class 1 felony and is not |
16 |
| eligible for a sentence of probation or conditional |
17 |
| 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 |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| days of
imprisonment. The imprisonment or assignment of |
2 |
| community service under this
subsection (c-5) is not subject to |
3 |
| suspension, nor is the person eligible for
a reduced sentence.
|
4 |
| (c-6) Except as provided in subsections (c-7) and (c-8) a |
5 |
| person who
violates
subsection (a) a second time, if at the |
6 |
| time of
the second violation the person was transporting a |
7 |
| person under the age of 16,
is subject to an additional 10 days |
8 |
| of imprisonment, an additional mandatory
minimum fine of |
9 |
| $1,000, and an additional mandatory minimum 140 hours of
|
10 |
| community service, which shall include 40 hours of community |
11 |
| service in a
program benefiting children.
The imprisonment or |
12 |
| assignment of community service under this subsection (c-6)
is |
13 |
| not subject to suspension, nor is the person eligible for a |
14 |
| reduced
sentence. If the person was transporting a passenger |
15 |
| under the age of 16 years at the time of the first violation |
16 |
| and at the time of the second violation, the person is guilty |
17 |
| of a Class 4 felony.
|
18 |
| (c-7) Except as provided in subsection (c-8), any person |
19 |
| convicted of
violating subsection (c-6) or a similar
provision |
20 |
| within 10 years of a previous violation of subsection (a) or a
|
21 |
| similar provision shall receive, in addition to any other |
22 |
| penalty imposed, a
mandatory minimum 12 days imprisonment, an |
23 |
| additional 40 hours of mandatory
community service in a program |
24 |
| benefiting children, and a mandatory minimum
fine of $1,750. |
25 |
| The imprisonment or assignment of community service under this
|
26 |
| subsection (c-7) is not subject to suspension, nor is the |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| person
eligible for a reduced sentence. If the person was |
2 |
| transporting a passenger under the age of 16 years at the time |
3 |
| of the first violation and at the time of the second violation, |
4 |
| the person is guilty of a Class 4 felony.
|
5 |
| (c-8) Any person convicted of violating subsection (c-6) or |
6 |
| a similar
provision within 5 years of a previous violation of |
7 |
| subsection (a) or a similar
provision shall receive, in |
8 |
| addition to any other penalty imposed, an
additional 80 hours |
9 |
| of mandatory community service in a program benefiting
|
10 |
| children, an additional mandatory minimum 12 days of |
11 |
| imprisonment, and a
mandatory minimum fine of $1,750. The |
12 |
| imprisonment or assignment of community
service under this |
13 |
| subsection (c-8) is not subject to suspension, nor
is the
|
14 |
| person eligible for a reduced sentence. If the person was |
15 |
| transporting a passenger under the age of 16 years at the time |
16 |
| of the first violation and at the time of the second violation, |
17 |
| the person is guilty of a Class 4 felony.
|
18 |
| (c-9) Any person convicted a third time for violating |
19 |
| subsection (a) or a
similar provision, if at the time of the |
20 |
| third violation the person was
transporting a person under the |
21 |
| age of 16, is guilty of a Class 2 felony and shall
receive, in |
22 |
| addition to any other
penalty imposed, an additional mandatory |
23 |
| fine of $1,000, an additional
mandatory 140 hours of community |
24 |
| service, which shall include 40 hours in a
program benefiting |
25 |
| children, and a mandatory minimum 30 days of imprisonment.
The |
26 |
| imprisonment or assignment of community service under this |
|
|
|
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LRB095 00167 DRH 20167 b |
|
|
1 |
| subsection (c-9)
is not subject to suspension, nor is the |
2 |
| person eligible for a reduced
sentence.
|
3 |
| (c-10) Any person convicted of violating subsection (c-9) |
4 |
| or a similar
provision a third time within 20 years of a |
5 |
| previous violation of subsection
(a) or a
similar provision is |
6 |
| guilty of a Class 2 felony and shall receive, in addition
to |
7 |
| any other penalty imposed, an additional mandatory 40 hours of |
8 |
| community
service in a program benefiting children, an |
9 |
| additional mandatory fine of
$3,000, and a mandatory minimum |
10 |
| 120 days of imprisonment. The imprisonment or
assignment of |
11 |
| community service under this subsection (c-10) is not subject |
12 |
| to
suspension, nor is the person eligible for a reduced |
13 |
| sentence.
|
14 |
| (c-11) Any person convicted a fourth time for violating
|
15 |
| subsection (a) or a similar provision, if at the time of the |
16 |
| fourth violation the person was transporting a person under the |
17 |
| age of 16,
and if the person's 3 prior violations of subsection |
18 |
| (a) or a similar provision
occurred while transporting a person |
19 |
| under the age of 16 or while the alcohol
concentration in his |
20 |
| or her blood, breath, or urine was 0.16 or more based
on the |
21 |
| definition of blood, breath, or urine units in Section |
22 |
| 11-501.2, is
guilty of a Class 2 felony, is not eligible for |
23 |
| probation or conditional
discharge, and is subject to a minimum |
24 |
| fine of $3,000.
|
25 |
| (c-12) Any person convicted of a first violation of |
26 |
| subsection (a) or a
similar provision, if the alcohol |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 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, shall be subject, in addition to any other |
4 |
| penalty
that may be imposed, to a mandatory minimum of 100 |
5 |
| hours of community service
and a mandatory minimum fine of |
6 |
| $500.
|
7 |
| (c-13) Any person convicted of a second violation of |
8 |
| subsection (a) or a similar provision committed within 10 years |
9 |
| of a previous violation of subsection (a) or a similar |
10 |
| provision committed within 10 years of a previous violation of |
11 |
| subsection (a) or a similar provision, if at the time of the |
12 |
| second violation of subsection (a) the
alcohol concentration in |
13 |
| his or her blood, breath, or urine was 0.16 or more
based on |
14 |
| the 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 2 felony and shall be subject, |
26 |
| in
addition to any other penalty that may be imposed, to a |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| mandatory minimum of
90 days of imprisonment and a mandatory |
2 |
| minimum fine of $2,500.
|
3 |
| (c-15) Any person convicted of a fourth
violation of
|
4 |
| subsection
(a) or a similar provision, if at the time of the |
5 |
| fourth
violation the alcohol concentration in his or her blood, |
6 |
| breath, or urine was
0.16 or more based on the definition of |
7 |
| blood, breath, or urine units in
Section 11-501.2, and if the |
8 |
| person's 3 prior violations of subsection (a) or a
similar |
9 |
| provision occurred while transporting a person under the age of |
10 |
| 16 or
while the alcohol concentration in his or her blood, |
11 |
| breath, or urine was 0.16
or more based on the definition of |
12 |
| blood, breath, or urine units in Section
11-501.2, is guilty of |
13 |
| a Class 2 felony and is not eligible for a sentence of
|
14 |
| probation or conditional discharge and is subject to a minimum |
15 |
| fine of
$2,500.
|
16 |
| (d) (1) Every person convicted of committing a violation of |
17 |
| this Section
shall be guilty of aggravated driving under |
18 |
| the influence of alcohol,
other drug or drugs, or |
19 |
| intoxicating compound or compounds, or any combination
|
20 |
| thereof if:
|
21 |
| (A) the person committed a violation of subsection |
22 |
| (a) or a similar
provision for the
third or subsequent |
23 |
| time;
|
24 |
| (B) the person committed a violation of subsection |
25 |
| (a)
while
driving a school bus with persons 18 years of |
26 |
| age or younger
on board;
|
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 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, |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| snowmobile, all-terrain vehicle, or watercraft
|
2 |
| accident that resulted in
the death of another person, |
3 |
| when the violation of subsection
(a) was
a proximate |
4 |
| cause of the death.
|
5 |
| (2) Except as provided in this paragraph (2) and in |
6 |
| paragraphs (3) and (4) of subsection (c-1), a person |
7 |
| convicted of
aggravated driving under
the
influence of |
8 |
| alcohol, other drug or
drugs,
or intoxicating compound or |
9 |
| compounds, or any
combination thereof is guilty of a Class |
10 |
| 4 felony. For a violation of
subparagraph (C)
of
paragraph |
11 |
| (1) of this subsection (d), the defendant, if sentenced to |
12 |
| a term
of imprisonment, shall be sentenced
to not less than
|
13 |
| one year nor more than 12 years.
Except as provided in |
14 |
| paragraph (4) of subsection (c-1), aggravated driving |
15 |
| under the influence of alcohol, other drug, or drugs, |
16 |
| intoxicating compounds or compounds, or any combination |
17 |
| thereof as defined in subparagraph (A) of paragraph (1) of |
18 |
| this subsection (d) is a Class 2 felony. Aggravated driving |
19 |
| under 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 |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| of not less than 6 years and not
more than 28 years if the |
2 |
| violation resulted in the deaths of 2 or more
persons.
For |
3 |
| any prosecution under this subsection
(d), a certified copy |
4 |
| of the
driving abstract of the defendant shall be admitted |
5 |
| as proof of any prior
conviction.
Any person sentenced |
6 |
| under this subsection (d) who receives a term of
probation
|
7 |
| or conditional discharge must serve a minimum term of |
8 |
| either 480 hours of
community service or 10 days of |
9 |
| imprisonment as a condition of the probation or
conditional |
10 |
| discharge. This mandatory minimum term of imprisonment or
|
11 |
| assignment of community service may not be suspended or |
12 |
| reduced by the court.
|
13 |
| (e) After a finding of guilt and prior to any final |
14 |
| sentencing, or an
order for supervision, for an offense based |
15 |
| upon an arrest for a
violation of this Section or a similar |
16 |
| provision of a local ordinance,
individuals shall be required |
17 |
| to undergo a professional evaluation to
determine if an |
18 |
| alcohol, drug, or intoxicating compound abuse problem exists
|
19 |
| and the
extent of the problem, and undergo the imposition of |
20 |
| treatment as appropriate.
Programs conducting these |
21 |
| evaluations shall be
licensed by the Department of Human |
22 |
| Services. The cost of any professional
evaluation shall be paid |
23 |
| for by the
individual
required to undergo the professional |
24 |
| evaluation.
|
25 |
| (e-1) Any person who is found guilty of or pleads guilty to |
26 |
| violating this
Section, including any person receiving a |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 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 |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 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 for enforcement and |
14 |
| prevention of driving while under the influence of alcohol, |
15 |
| other drug or drugs, intoxicating compound or compounds or any |
16 |
| combination thereof, as defined by this Section, including but |
17 |
| not limited to the purchase of law
enforcement equipment and |
18 |
| commodities that will assist in the prevention of alcohol |
19 |
| related
criminal violence throughout the State; police officer |
20 |
| training and education in areas related to alcohol related |
21 |
| crime, including but not limited to DUI training; and police |
22 |
| officer salaries, including but not limited to salaries for |
23 |
| hire back funding for safety checkpoints, saturation patrols, |
24 |
| and liquor store sting operations. Equipment and commodities |
25 |
| shall include, but are not limited
to, in-car video cameras, |
26 |
| radar and laser speed detection devices, and alcohol
breath |
|
|
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| testers.
Any moneys received by the Department of State Police |
2 |
| under this subsection
(j) shall be deposited into the State |
3 |
| Police DUI Fund and shall be used for enforcement and |
4 |
| prevention of driving while under the influence of alcohol, |
5 |
| other drug or drugs, intoxicating compound or compounds or any |
6 |
| combination thereof, as defined by this Section, including but |
7 |
| not limited to the
purchase of law enforcement equipment and |
8 |
| commodities that will assist in the prevention of
alcohol |
9 |
| related criminal violence throughout the State; police officer |
10 |
| training and education in areas related to alcohol related |
11 |
| crime, including but not limited to DUI training; and police |
12 |
| officer salaries, including but not limited to salaries for |
13 |
| hire back funding for safety checkpoints, saturation patrols, |
14 |
| and liquor store sting operations.
|
15 |
| (k) The Secretary of State Police DUI Fund is created as a |
16 |
| special
fund in the State treasury. All moneys received by the |
17 |
| Secretary of State
Police under subsection (j) of this Section |
18 |
| shall be deposited into the
Secretary of State Police DUI Fund |
19 |
| and, subject to appropriation, shall be
used for enforcement |
20 |
| and prevention of driving while under the influence of alcohol, |
21 |
| other drug or drugs, intoxicating compound or compounds or any |
22 |
| combination thereof, as defined by this Section, including but |
23 |
| not limited to the purchase of law enforcement equipment and |
24 |
| commodities to assist in the prevention of
alcohol related |
25 |
| criminal violence throughout the State; police officer |
26 |
| training and education in areas related to alcohol related |
|
|
|
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|
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| crime, including but not limited to DUI training; and police |
2 |
| officer salaries, including but not limited to salaries for |
3 |
| hire back funding for safety checkpoints, saturation patrols, |
4 |
| and liquor store sting operations.
|
5 |
| (l) Whenever an individual is sentenced for an offense |
6 |
| based upon an
arrest for a violation of subsection (a) or a |
7 |
| similar provision of a local
ordinance, and the professional |
8 |
| evaluation recommends remedial or
rehabilitative treatment or |
9 |
| education, neither the treatment nor the education
shall be the |
10 |
| sole disposition and either or both may be imposed only in
|
11 |
| conjunction with another disposition. The court shall monitor |
12 |
| compliance with
any remedial education or treatment |
13 |
| recommendations contained in the
professional evaluation. |
14 |
| Programs conducting alcohol or other drug evaluation
or |
15 |
| remedial education must be licensed by the Department of Human |
16 |
| Services. If
the individual is not a resident of Illinois, |
17 |
| however, the court may accept an
alcohol or other drug |
18 |
| evaluation or remedial education program in the
individual's |
19 |
| state of residence. Programs providing treatment must be |
20 |
| licensed
under existing applicable alcoholism and drug |
21 |
| treatment licensure standards.
|
22 |
| (m) In addition to any other fine or penalty required by |
23 |
| law, an individual
convicted of a violation of subsection (a), |
24 |
| Section 5-7 of the Snowmobile
Registration and Safety Act, |
25 |
| Section 5-16 of the Boat Registration and Safety
Act, or a |
26 |
| similar provision, whose operation of a motor vehicle, |
|
|
|
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|
1 |
| snowmobile, or
watercraft while in
violation of subsection (a), |
2 |
| Section 5-7 of the Snowmobile Registration and
Safety Act, |
3 |
| Section 5-16 of the Boat Registration and Safety Act, or a |
4 |
| similar
provision proximately caused an incident resulting in |
5 |
| an appropriate emergency
response, shall be required to make |
6 |
| restitution to a public agency for the
costs of that emergency |
7 |
| response. The restitution may not exceed $1,000 per
public |
8 |
| agency for each emergency response. As used in this subsection |
9 |
| (m),
"emergency response" means any incident requiring a |
10 |
| response by a police
officer, a firefighter carried on the |
11 |
| rolls of a regularly constituted fire
department, or an |
12 |
| ambulance.
|
13 |
| (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; |
14 |
| 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; |
15 |
| 93-840, eff. 7-30-04; 94-116, eff. 1-1-06; 94-963, eff. |
16 |
| 6-28-06.)
|
17 |
| (Text of Section from P.A. 94-329 and 94-963) |
18 |
| Sec. 11-501. Driving while under the influence of alcohol, |
19 |
| other drug or
drugs, intoxicating compound or compounds or any |
20 |
| combination thereof.
|
21 |
| (a) A person shall not drive or be in actual
physical |
22 |
| control of any vehicle within this State while:
|
23 |
| (1) the alcohol concentration in the person's blood or |
24 |
| breath is 0.08
or more based on the definition of blood and |
25 |
| breath units in Section 11-501.2;
|
|
|
|
HB0247 |
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|
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| (2) under the influence of alcohol;
|
2 |
| (3) under the influence of any intoxicating compound or |
3 |
| combination of
intoxicating compounds to a degree that |
4 |
| renders the person incapable of
driving safely;
|
5 |
| (4) under the influence of any other drug or |
6 |
| combination of drugs to a
degree that renders the person |
7 |
| incapable of safely driving;
|
8 |
| (5) under the combined influence of alcohol, other drug |
9 |
| or drugs, or
intoxicating compound or compounds to a degree |
10 |
| that renders the person
incapable of safely driving; or
|
11 |
| (6) there is any amount of a drug, substance, or |
12 |
| compound in the
person's breath, blood, or urine resulting |
13 |
| from the unlawful use or consumption
of cannabis listed in |
14 |
| the Cannabis Control Act, a controlled substance listed
in |
15 |
| the Illinois Controlled Substances Act, or an intoxicating |
16 |
| compound listed
in the Use of Intoxicating Compounds Act.
|
17 |
| (b) The fact that any person charged with violating this |
18 |
| Section is or
has been legally entitled to use alcohol, other |
19 |
| drug or drugs, or
intoxicating compound or compounds, or any
|
20 |
| combination thereof, shall not constitute a defense against any |
21 |
| charge of
violating this Section.
|
22 |
| (b-1) With regard to penalties imposed under this Section:
|
23 |
| (1) Any reference to a prior violation of subsection |
24 |
| (a) or a similar
provision includes any violation of a |
25 |
| provision of a local ordinance or a
provision of a law of |
26 |
| another state that is similar to a violation of
subsection |
|
|
|
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LRB095 00167 DRH 20167 b |
|
|
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| (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).
|
|
|
|
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| (c-1) (1) A person who violates subsection (a)
during
a |
2 |
| period in which his
or her driving privileges are revoked |
3 |
| or suspended, where the revocation or
suspension was for a |
4 |
| violation of subsection (a), Section
11-501.1, paragraph |
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 |
7 |
| aggravated driving under the influence of alcohol, other |
8 |
| drug or drugs, intoxicating compound or compounds, or any |
9 |
| combination thereof and is guilty of a
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 aggravated |
17 |
| driving under the influence of alcohol, other drug or |
18 |
| drugs, intoxicating compound or compounds, or any |
19 |
| combination thereof and is guilty of
a Class 3 felony. |
20 |
| (2.1) A person who violates subsection (a) a third |
21 |
| time, if the third
violation occurs during a period in |
22 |
| which his or her driving privileges are
revoked or |
23 |
| suspended where the revocation or suspension was for a |
24 |
| violation of
subsection (a), Section 11-501.1, subsection |
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 |
|
|
|
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LRB095 00167 DRH 20167 b |
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1 |
| aggravated driving under the influence of alcohol, other |
2 |
| drug or drugs, intoxicating compound or compounds, or any |
3 |
| combination thereof and is guilty of a Class 3 felony; and |
4 |
| if the
person receives a term of
probation or conditional |
5 |
| discharge, he or she shall be required to serve a
mandatory
|
6 |
| minimum of 10 days of imprisonment or shall be assigned a |
7 |
| mandatory minimum of
480 hours of community service, as may |
8 |
| be determined by the court, as a
condition of the probation |
9 |
| or conditional discharge. This mandatory minimum
term of |
10 |
| imprisonment or assignment of community service shall not |
11 |
| be suspended
or reduced by the court.
|
12 |
| (2.2) A person who violates subsection (a), if the
|
13 |
| violation occurs during a period in which his or her |
14 |
| driving privileges are
revoked or suspended where the |
15 |
| revocation or suspension was for a violation of
subsection |
16 |
| (a) or Section 11-501.1, is guilty of aggravated driving |
17 |
| under the influence of alcohol, other drug or drugs, |
18 |
| intoxicating compound or compounds, or any combination |
19 |
| thereof and shall also be sentenced to an additional
|
20 |
| mandatory minimum term of 30 consecutive days of |
21 |
| imprisonment, 40 days of
24-hour periodic imprisonment, or |
22 |
| 720 hours of community service, as may be
determined by the |
23 |
| court. This mandatory term of imprisonment or assignment of
|
24 |
| community service shall not be suspended or reduced by the |
25 |
| court.
|
26 |
| (3) A person who violates subsection (a) a fourth or
|
|
|
|
HB0247 |
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1 |
| subsequent time, if the fourth or subsequent violation |
2 |
| occurs
during a period in which his
or her driving |
3 |
| privileges are revoked or suspended where the revocation
or |
4 |
| suspension was for a violation of subsection (a),
Section |
5 |
| 11-501.1, paragraph
(b) of Section 11-401, or for reckless |
6 |
| homicide as defined in
Section 9-3
of
the Criminal Code of |
7 |
| 1961, is guilty of aggravated driving under the influence |
8 |
| of alcohol, other drug or drugs, intoxicating compound or |
9 |
| compounds, or any combination thereof and is guilty of
a |
10 |
| Class 2 felony, and is not eligible for a sentence of |
11 |
| probation or
conditional discharge.
|
12 |
| (c-2) (Blank).
|
13 |
| (c-3) (Blank).
|
14 |
| (c-4) (Blank).
|
15 |
| (c-5) A person who violates subsection (a), if the person |
16 |
| was transporting
a person under the age of 16 at the time of |
17 |
| the violation, is subject to an
additional mandatory minimum |
18 |
| fine of $1,000, an additional mandatory minimum
140 hours of |
19 |
| community service, which shall include 40 hours of community
|
20 |
| service in a program benefiting children, and an additional 2 |
21 |
| days of
imprisonment. The imprisonment or assignment of |
22 |
| community service under this
subsection (c-5) is not subject to |
23 |
| suspension, nor is the person eligible for
a reduced sentence.
|
24 |
| (c-6) Except as provided in subsections (c-7) and (c-8) a |
25 |
| person who
violates
subsection (a) a second time, if at the |
26 |
| time of
the second violation the person was transporting a |
|
|
|
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LRB095 00167 DRH 20167 b |
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| person under the age of 16,
is subject to an additional 10 days |
2 |
| of imprisonment, an additional mandatory
minimum fine of |
3 |
| $1,000, and an additional mandatory minimum 140 hours of
|
4 |
| community service, which shall include 40 hours of community |
5 |
| service in a
program benefiting children.
The imprisonment or |
6 |
| assignment of community service under this subsection (c-6)
is |
7 |
| not subject to suspension, nor is the person eligible for a |
8 |
| reduced
sentence. If the person was transporting a passenger |
9 |
| under the age of 16 years at the time of the first violation |
10 |
| and at the time of the second violation, the person is guilty |
11 |
| of a Class 4 felony.
|
12 |
| (c-7) Except as provided in subsection (c-8), any person |
13 |
| convicted of
violating subsection (c-6) or a similar
provision |
14 |
| within 10 years of a previous violation of subsection (a) or a
|
15 |
| similar provision shall receive, in addition to any other |
16 |
| penalty imposed, a
mandatory minimum 12 days imprisonment, an |
17 |
| additional 40 hours of mandatory
community service in a program |
18 |
| benefiting children, and a mandatory minimum
fine of $1,750. |
19 |
| The imprisonment or assignment of community service under this
|
20 |
| subsection (c-7) is not subject to suspension, nor is the |
21 |
| person
eligible for a reduced sentence. If the person was |
22 |
| transporting a passenger under the age of 16 years at the time |
23 |
| of the first violation and at the time of the second violation, |
24 |
| the person is guilty of a Class 4 felony.
|
25 |
| (c-8) Any person convicted of violating subsection (c-6) or |
26 |
| a similar
provision within 5 years of a previous violation of |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
1 |
| subsection (a) or a similar
provision shall receive, in |
2 |
| addition to any other penalty imposed, an
additional 80 hours |
3 |
| of mandatory community service in a program benefiting
|
4 |
| children, an additional mandatory minimum 12 days of |
5 |
| imprisonment, and a
mandatory minimum fine of $1,750. The |
6 |
| imprisonment or assignment of community
service under this |
7 |
| subsection (c-8) is not subject to suspension, nor
is the
|
8 |
| person eligible for a reduced sentence. If the person was |
9 |
| transporting a passenger under the age of 16 years at the time |
10 |
| of the first violation and at the time of the second violation, |
11 |
| the person is guilty of a Class 4 felony.
|
12 |
| (c-9) Any person convicted a third time for violating |
13 |
| subsection (a) or a
similar provision, if at the time of the |
14 |
| third violation the person was
transporting a person under the |
15 |
| age of 16, is guilty of a Class 4 felony and shall
receive, in |
16 |
| addition to any other
penalty imposed, an additional mandatory |
17 |
| fine of $1,000, an additional
mandatory 140 hours of community |
18 |
| service, which shall include 40 hours in a
program benefiting |
19 |
| children, and a mandatory minimum 30 days of imprisonment.
The |
20 |
| imprisonment or assignment of community service under this |
21 |
| subsection (c-9)
is not subject to suspension, nor is the |
22 |
| person eligible for a reduced
sentence.
|
23 |
| (c-10) Any person convicted of violating subsection (c-9) |
24 |
| or a similar
provision a third time within 20 years of a |
25 |
| previous violation of subsection
(a) or a
similar provision is |
26 |
| guilty of a Class 4 felony and shall receive, in addition
to |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
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|
1 |
| any other penalty imposed, an additional mandatory 40 hours of |
2 |
| community
service in a program benefiting children, an |
3 |
| additional mandatory fine of
$3,000, and a mandatory minimum |
4 |
| 120 days of imprisonment. The imprisonment or
assignment of |
5 |
| community service under this subsection (c-10) is not subject |
6 |
| to
suspension, nor is the person eligible for a reduced |
7 |
| sentence.
|
8 |
| (c-11) Any person convicted a fourth or subsequent time for |
9 |
| violating
subsection (a) or a similar provision, if at the time |
10 |
| of the fourth or
subsequent violation the person was |
11 |
| transporting a person under the age of 16,
and if the person's |
12 |
| 3 prior violations of subsection (a) or a similar provision
|
13 |
| occurred while transporting a person under the age of 16 or |
14 |
| while the alcohol
concentration in his or her blood, breath, or |
15 |
| urine was 0.16 or more based
on the definition of blood, |
16 |
| breath, or urine units in Section 11-501.2, is
guilty of a |
17 |
| Class 2 felony, is not eligible for probation or conditional
|
18 |
| discharge, and is subject to a minimum fine of $3,000.
|
19 |
| (c-12) Any person convicted of a first violation of |
20 |
| subsection (a) or a
similar provision, if the alcohol |
21 |
| concentration in his or her blood, breath, or
urine was 0.16 or |
22 |
| more based on the definition of blood, breath, or urine
units |
23 |
| in Section 11-501.2, shall be subject, in addition to any other |
24 |
| penalty
that may be imposed, to a mandatory minimum of 100 |
25 |
| hours of community service
and a mandatory minimum fine of |
26 |
| $500.
|
|
|
|
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LRB095 00167 DRH 20167 b |
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|
1 |
| (c-13) Any person convicted of a second violation of |
2 |
| subsection (a) or a similar provision committed within 10 years |
3 |
| of a previous violation of subsection (a) or a similar |
4 |
| provision committed within 10 years of a previous violation of |
5 |
| subsection (a) or a similar provision, if at the time of the |
6 |
| second violation of subsection (a) the
alcohol concentration in |
7 |
| his or her blood, breath, or urine was 0.16 or more
based on |
8 |
| the definition of blood, breath, or urine units in Section |
9 |
| 11-501.2,
shall be
subject, in addition to any other penalty |
10 |
| that may be imposed, to a mandatory
minimum of 2 days of |
11 |
| imprisonment and a mandatory minimum fine of $1,250.
|
12 |
| (c-14) Any person convicted of a third violation of |
13 |
| subsection (a) or a
similar provision within 20 years of a |
14 |
| previous violation of subsection (a) or
a
similar provision, if |
15 |
| at the time of the third violation of subsection (a) or a
|
16 |
| similar provision the alcohol concentration in his or her |
17 |
| blood, breath, or
urine was 0.16 or more based on the |
18 |
| definition of blood, breath, or urine units
in Section |
19 |
| 11-501.2, is guilty of a Class 4 felony and shall be subject, |
20 |
| in
addition to any other penalty that may be imposed, to a |
21 |
| mandatory minimum of
90 days of imprisonment and a mandatory |
22 |
| minimum fine of $2,500.
|
23 |
| (c-15) Any person convicted of a fourth or subsequent |
24 |
| violation of
subsection
(a) or a similar provision, if at the |
25 |
| time of the fourth or subsequent
violation the alcohol |
26 |
| concentration in his or her blood, breath, or urine was
0.16 or |
|
|
|
HB0247 |
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LRB095 00167 DRH 20167 b |
|
|
1 |
| more based on the definition of blood, breath, or urine units |
2 |
| in
Section 11-501.2, and if the person's 3 prior violations of |
3 |
| subsection (a) or a
similar provision occurred while |
4 |
| transporting a person under the age of 16 or
while the alcohol |
5 |
| concentration in his or her blood, breath, or urine was 0.16
or |
6 |
| more based on the definition of blood, breath, or urine units |
7 |
| in Section
11-501.2, is guilty of a Class 2 felony and is not |
8 |
| eligible for a sentence of
probation or conditional discharge |
9 |
| and is subject to a minimum fine of
$2,500.
|
10 |
| (d) (1) Every person convicted of committing a violation of |
11 |
| this Section
shall be guilty of aggravated driving under |
12 |
| the influence of alcohol,
other drug or drugs, or |
13 |
| intoxicating compound or compounds, or any combination
|
14 |
| thereof if:
|
15 |
| (A) the person committed a violation of subsection |
16 |
| (a) or a similar
provision for the
third or subsequent |
17 |
| time;
|
18 |
| (B) the person committed a violation of subsection |
19 |
| (a)
while
driving a school bus with persons 18 years of |
20 |
| age or younger
on board;
|
21 |
| (C) the person in committing a violation of |
22 |
| subsection
(a) was
involved in a motor vehicle accident |
23 |
| that resulted in great bodily harm or
permanent |
24 |
| disability or disfigurement to another, when the |
25 |
| violation was
a proximate cause of the injuries;
|
26 |
| (D) the person committed a violation of subsection |
|
|
|
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LRB095 00167 DRH 20167 b |
|
|
1 |
| (a)
for a
second time and has been previously convicted |
2 |
| of violating Section 9-3 of the
Criminal Code of 1961 |
3 |
| or a similar provision of a law of another state |
4 |
| relating to reckless homicide in which the person was
|
5 |
| determined to have been under the influence of alcohol, |
6 |
| other drug or
drugs, or intoxicating compound or |
7 |
| compounds as an element of the offense or
the person |
8 |
| has previously been convicted
under subparagraph (C) |
9 |
| or subparagraph (F) of this paragraph (1);
|
10 |
| (E) the person, in committing a violation of |
11 |
| subsection (a) while
driving at any speed in a school |
12 |
| speed zone at a time when a speed limit of
20 miles per |
13 |
| hour was in effect under subsection (a) of Section |
14 |
| 11-605 of
this Code, was involved in a motor vehicle |
15 |
| accident that resulted in bodily
harm, other than great |
16 |
| bodily harm or permanent disability or disfigurement,
|
17 |
| to another person, when the violation of subsection (a) |
18 |
| was a
proximate cause
of the bodily harm; or
|
19 |
| (F) the person, in committing a violation of |
20 |
| subsection (a), was
involved in a motor vehicle, |
21 |
| snowmobile, all-terrain vehicle, or watercraft
|
22 |
| accident that resulted in
the death of another person, |
23 |
| when the violation of subsection
(a) was
a proximate |
24 |
| cause of the death;
|
25 |
| (G) the person committed the violation while he or |
26 |
| she did not possess a driver's license or permit or a |
|
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| restricted driving permit or a judicial driving |
2 |
| permit; or
|
3 |
| (H) the person committed the violation while he or |
4 |
| she knew or should have known that the vehicle he or |
5 |
| she was driving was not covered by a liability |
6 |
| insurance policy.
|
7 |
| (2) Except as provided in this paragraph (2) and in |
8 |
| paragraphs (2), (2.1), and (3) of subsection (c-1), a |
9 |
| person convicted of
aggravated driving under
the
influence |
10 |
| of alcohol, other drug or
drugs,
or intoxicating compound |
11 |
| or compounds, or any
combination thereof is guilty of a |
12 |
| Class 4 felony. For a violation of
subparagraph (C)
of
|
13 |
| paragraph (1) of this subsection (d), the defendant, if |
14 |
| sentenced to a term
of imprisonment, shall be sentenced
to |
15 |
| not less than
one year nor more than 12 years.
Aggravated |
16 |
| driving under the influence of alcohol, other drug or |
17 |
| drugs,
or intoxicating compound or compounds, or any |
18 |
| combination thereof as
defined in subparagraph (F) of |
19 |
| paragraph (1) of this subsection (d) is
a Class 2 felony, |
20 |
| for which the defendant, if sentenced to a term of
|
21 |
| imprisonment, shall be sentenced to: (A) a
term of |
22 |
| imprisonment of not less than 3 years and not more
than 14 |
23 |
| years if the violation resulted in the death of one person; |
24 |
| or
(B) a term of imprisonment of not less than 6 years and |
25 |
| not
more than 28 years if the violation resulted in the |
26 |
| deaths of 2 or more
persons.
For any prosecution under this |
|
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LRB095 00167 DRH 20167 b |
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| subsection
(d), a certified copy of the
driving abstract of |
2 |
| the defendant shall be admitted as proof of any prior
|
3 |
| conviction.
Any person sentenced under this subsection (d) |
4 |
| who receives a term of
probation
or conditional discharge |
5 |
| must serve a minimum term of either 480 hours of
community |
6 |
| service or 10 days of imprisonment as a condition of the |
7 |
| probation or
conditional discharge. This mandatory minimum |
8 |
| term of imprisonment or
assignment of community service may |
9 |
| not be suspended or reduced by the court.
|
10 |
| (e) After a finding of guilt and prior to any final |
11 |
| sentencing, or an
order for supervision, for an offense based |
12 |
| upon an arrest for a
violation of this Section or a similar |
13 |
| provision of a local ordinance,
individuals shall be required |
14 |
| to undergo a professional evaluation to
determine if an |
15 |
| alcohol, drug, or intoxicating compound abuse problem exists
|
16 |
| and the
extent of the problem, and undergo the imposition of |
17 |
| treatment as appropriate.
Programs conducting these |
18 |
| evaluations shall be
licensed by the Department of Human |
19 |
| Services. The cost of any professional
evaluation shall be paid |
20 |
| for by the
individual
required to undergo the professional |
21 |
| evaluation.
|
22 |
| (e-1) Any person who is found guilty of or pleads guilty to |
23 |
| violating this
Section, including any person receiving a |
24 |
| disposition of court supervision for
violating this Section, |
25 |
| may be required by the Court to attend a victim
impact panel |
26 |
| offered by, or under contract with, a County State's Attorney's
|
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LRB095 00167 DRH 20167 b |
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| office, a probation and court services department, Mothers |
2 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated |
3 |
| Motorists.
All costs generated by
the victim impact panel shall |
4 |
| be paid from fees collected from the
offender or as may be |
5 |
| determined by the court.
|
6 |
| (f) Every person found guilty of violating this Section, |
7 |
| whose
operation of a motor vehicle while in violation of this |
8 |
| Section proximately
caused any incident resulting in an |
9 |
| appropriate emergency response, shall
be liable for the expense |
10 |
| of an emergency response as provided under
Section 5-5-3 of the |
11 |
| Unified Code of Corrections.
|
12 |
| (g) The Secretary of State shall revoke the driving |
13 |
| privileges of any
person convicted under this Section or a |
14 |
| similar provision of a local
ordinance.
|
15 |
| (h) (Blank).
|
16 |
| (i) The Secretary of State shall require the use of |
17 |
| ignition interlock
devices on all vehicles owned by an |
18 |
| individual who has been convicted of a
second
or subsequent |
19 |
| offense of this Section or a similar provision of a local
|
20 |
| ordinance. The Secretary shall establish by rule and regulation |
21 |
| the procedures
for certification and use of the interlock |
22 |
| system.
|
23 |
| (j) In addition to any other penalties and liabilities, a |
24 |
| person who is
found guilty of or pleads guilty to violating |
25 |
| subsection (a), including any
person placed on court |
26 |
| supervision for violating subsection (a), shall be fined
$500, |
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HB0247 |
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LRB095 00167 DRH 20167 b |
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|
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| payable to the
circuit clerk, who shall distribute the money as |
2 |
| follows: 20% to the law enforcement agency
that made the arrest |
3 |
| and 80% shall be forwarded to the State Treasurer for deposit |
4 |
| into the General Revenue Fund. If the person has been |
5 |
| previously convicted of violating
subsection (a) or a similar |
6 |
| provision of a local
ordinance, the fine shall be
$1,000. In |
7 |
| the event that more than one agency is responsible
for the |
8 |
| arrest, the amount payable to law enforcement agencies shall be |
9 |
| shared equally. Any moneys received
by a law
enforcement agency |
10 |
| under this subsection (j) shall be used for enforcement and |
11 |
| prevention of driving while under the influence of alcohol, |
12 |
| other drug or drugs, intoxicating compound or compounds or any |
13 |
| combination thereof, as defined by this Section, including but |
14 |
| not limited to the purchase of law
enforcement equipment and |
15 |
| commodities that will assist in the prevention of alcohol |
16 |
| related
criminal violence throughout the State; police officer |
17 |
| training and education in areas related to alcohol related |
18 |
| crime, including but not limited to DUI training; and police |
19 |
| officer salaries, including but not limited to salaries for |
20 |
| hire back funding for safety checkpoints, saturation patrols, |
21 |
| and liquor store sting operations. Equipment and commodities |
22 |
| shall include, but are 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 for enforcement and |
|
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HB0247 |
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LRB095 00167 DRH 20167 b |
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| prevention of driving while under the influence of alcohol, |
2 |
| other drug or drugs, intoxicating compound or compounds or any |
3 |
| combination thereof, as defined by this Section, including but |
4 |
| not limited to the
purchase of law enforcement equipment and |
5 |
| commodities that will assist in the prevention of
alcohol |
6 |
| related criminal violence throughout the State; police officer |
7 |
| training and education in areas related to alcohol related |
8 |
| crime, including but not limited to DUI training; and police |
9 |
| officer salaries, including but not limited to salaries for |
10 |
| hire back funding for safety checkpoints, saturation patrols, |
11 |
| and liquor store sting operations.
|
12 |
| (k) The Secretary of State Police DUI Fund is created as a |
13 |
| special
fund in the State treasury. All moneys received by the |
14 |
| Secretary of State
Police under subsection (j) of this Section |
15 |
| shall be deposited into the
Secretary of State Police DUI Fund |
16 |
| and, subject to appropriation, shall be
used for enforcement |
17 |
| and prevention of driving while under the influence of alcohol, |
18 |
| other drug or drugs, intoxicating compound or compounds or any |
19 |
| combination thereof, as defined by this Section, including but |
20 |
| not limited to the purchase of law enforcement equipment and |
21 |
| commodities to assist in the prevention of
alcohol related |
22 |
| criminal violence throughout the State; police officer |
23 |
| training and education in areas related to alcohol related |
24 |
| crime, including but not limited to DUI training; and police |
25 |
| officer salaries, including but not limited to salaries for |
26 |
| hire back funding for safety checkpoints, saturation patrols, |
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HB0247 |
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LRB095 00167 DRH 20167 b |
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| and liquor store sting operations.
|
2 |
| (l) Whenever an individual is sentenced for an offense |
3 |
| based upon an
arrest for a violation of subsection (a) or a |
4 |
| similar provision of a local
ordinance, and the professional |
5 |
| evaluation recommends remedial or
rehabilitative treatment or |
6 |
| education, neither the treatment nor the education
shall be the |
7 |
| sole disposition and either or both may be imposed only in
|
8 |
| conjunction with another disposition. The court shall monitor |
9 |
| compliance with
any remedial education or treatment |
10 |
| recommendations contained in the
professional evaluation. |
11 |
| Programs conducting alcohol or other drug evaluation
or |
12 |
| remedial education must be licensed by the Department of Human |
13 |
| Services. If
the individual is not a resident of Illinois, |
14 |
| however, the court may accept an
alcohol or other drug |
15 |
| evaluation or remedial education program in the
individual's |
16 |
| state of residence. Programs providing treatment must be |
17 |
| licensed
under existing applicable alcoholism and drug |
18 |
| treatment licensure standards.
|
19 |
| (m) In addition to any other fine or penalty required by |
20 |
| law, an individual
convicted of a 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, whose operation of a motor vehicle, |
24 |
| snowmobile, or
watercraft while in
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 |
|
|
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HB0247 |
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LRB095 00167 DRH 20167 b |
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|
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; 94-329, eff. 1-1-06; 94-963, eff. |
13 |
| 6-28-06.)
|