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1
    AN ACT concerning transportation.

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


 
4
    Section 5. The Illinois Vehicle Code is amended  by changing 
5
Section 11-501 as follows:
 
6
    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
7
    (Text of Section from P.A. 93-1093 and 94-963)
8
    Sec. 11-501. Driving while under the influence of alcohol, 
9
other drug or
drugs, intoxicating compound or compounds or any 
10
combination thereof.

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


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


16
        (2) under the influence of alcohol;


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


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


23
        (5) under the combined influence of alcohol, other drug 
 


 






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    or drugs, or
intoxicating compound or compounds to a degree 
2
    that renders the person
incapable of safely driving; or


3
        (6) there is any amount of a drug, substance, or 
4
    compound in the
person's breath, blood, or urine resulting 
5
    from the unlawful use or consumption
of cannabis listed in 
6
    the Cannabis Control Act, a controlled substance listed
in 
7
    the Illinois Controlled Substances Act, or an intoxicating 
8
    compound listed
in the Use of Intoxicating Compounds Act.


9
    (b) The fact that any person charged with violating this 
10
Section is or
has been legally entitled to use alcohol, other 
11
drug or drugs, or
intoxicating compound or compounds, or any

12
combination thereof,  shall not constitute a defense against any 
13
charge of
violating this Section.


14
    (b-1) With regard to penalties imposed under this Section:

15
        (1) Any reference to a prior violation of subsection 
16
    (a) or a similar
provision includes any violation of a 
17
    provision of a local ordinance or a
provision of a law of 
18
    another state that is similar to a violation of
subsection 
19
    (a) of this Section.

20
        (2) Any penalty imposed for driving with a license that 
21
    has been revoked
for a previous violation of subsection (a) 
22
    of this Section shall be in
addition to the penalty imposed 
23
    for any subsequent violation of subsection (a).

24
    (b-2) Except as otherwise provided in this Section, any 
25
person convicted of
violating subsection (a) of this Section is 
26
guilty of a Class A misdemeanor.

 


 






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    (b-3) In addition to any other criminal or administrative 
2
sanction for any
second conviction of violating subsection (a) 
3
or a similar provision committed
within 5 years of a previous 
4
violation of subsection (a) or a similar
provision, the 
5
defendant shall be sentenced to a mandatory minimum of 5 days 
6
of
imprisonment or assigned a mandatory minimum of 240 hours of 
7
community service
as may be determined by the court.

8
    (b-4) In the case of a third or subsequent violation 
9
committed within 5
years of a previous violation of subsection 
10
(a) or a similar provision, in
addition to any other criminal 
11
or administrative sanction, a mandatory minimum
term of either 
12
10 days of imprisonment or 480 hours of community service shall

13
be imposed.

14
    (b-5) The imprisonment or assignment of community service 
15
under subsections
(b-3) and (b-4) shall not be subject to 
16
suspension, nor shall the person be
eligible for a reduced 
17
sentence.


18
    (c) (Blank).



19
    (c-1) (1) A person who violates subsection (a)

during
a 
20
    period in which his
or her driving privileges are revoked 
21
    or suspended, where the revocation or
suspension was for a 
22
    violation of subsection (a), Section
11-501.1, paragraph 
23
    (b)
of Section 11-401, or for reckless homicide as defined 
24
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

25
    Class 4 felony.


26
        (2) A person who violates subsection (a) a third
time, 
 


 






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

6
    of the Criminal Code of 1961, is guilty of
a Class 3 
7
    felony; and if the
person receives a term of
probation or 
8
    conditional discharge, he or she shall be required to serve 
9
    a
mandatory
minimum of 10 days of imprisonment or shall be 
10
    assigned a mandatory minimum of
480 hours of community 
11
    service, as may be determined by the court, as a
condition 
12
    of the probation or conditional discharge. This mandatory 
13
    minimum
term of imprisonment or assignment of community 
14
    service shall not be suspended
or reduced by the court.

15
        (2.2) A person who violates subsection (a), if the

16
    violation occurs during a period in which his or her 
17
    driving privileges are
revoked or suspended where the 
18
    revocation or suspension was for a violation of
subsection 
19
    (a) or Section 11-501.1, shall also be sentenced to an 
20
    additional
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

 


 






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    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
a Class 2 felony and is not eligible for 
8
    a sentence of probation or
conditional discharge.


9
    (c-2) (Blank).


10
    (c-3) (Blank).



11
    (c-4) (Blank).

12
    (c-5)(1) A person who violates subsection (a), if the 
13
    person was transporting
a person under the age of 16 at the 
14
    time of the violation, is subject to an
additional 
15
    mandatory minimum fine of $1,000, an additional mandatory 
16
    minimum
140 hours of community service, which shall include 
17
    40 hours of community
service in a program benefiting 
18
    children, and an additional 2 days of
imprisonment. The 
19
    imprisonment or assignment of community service under this 
20
    subdivision (c-5)(1) is not subject to suspension, nor is 
21
    the person eligible for
a reduced sentence.

22
        (2) Except as provided in subdivisions (c-5)(3) and 
23
    (c-5)(4) a person who
violates
subsection (a) a second 
24
    time, if at the time of
the second violation the person was 
25
    transporting a person under the age of 16,
is subject to an 
26
    additional 10 days of imprisonment, an additional 
 


 






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    mandatory
minimum fine of $1,000, and an additional 
2
    mandatory minimum 140 hours of
community service, which 
3
    shall include 40 hours of community service in a
program 
4
    benefiting children.
The imprisonment or assignment of 
5
    community service under this subdivision (c-5)(2)

is not 
6
    subject to suspension, nor is the person eligible for a 
7
    reduced
sentence.

8
        (3) Except as provided in subdivision (c-5)(4), any 
9
    person convicted of
violating subdivision (c-5)(2) or a 
10
    similar
provision within 10 years of a previous violation 
11
    of subsection (a) or a
similar provision shall receive, in 
12
    addition to any other penalty imposed, a
mandatory minimum 
13
    12 days imprisonment, an additional 40 hours of mandatory

14
    community service in a program benefiting children, and a 
15
    mandatory minimum
fine of $1,750. The imprisonment or 
16
    assignment of community service under this subdivision 
17
    (c-5)(3) is not subject to suspension, nor is the person

18
    eligible for a reduced sentence.

19
        (4) Any person convicted of violating subdivision 
20
    (c-5)(2) or a similar
provision within 5 years of a 
21
    previous violation of subsection (a) or a similar
provision 
22
    shall receive, in addition to any other penalty imposed, an

23
    additional 80 hours of mandatory community service in a 
24
    program benefiting
children, an additional mandatory 
25
    minimum 12 days of imprisonment, and a
mandatory minimum 
26
    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 
2
    suspension, nor
is the
person eligible for a reduced 
3
    sentence.

4
        (5) Any person convicted a third time for violating 
5
    subsection (a) or a
similar provision, if at the time of 
6
    the third violation the person was
transporting a person 
7
    under the age of 16, is guilty of a Class 4 felony and 
8
    shall
receive, in addition to any other
penalty imposed, an 
9
    additional mandatory fine of $1,000, an additional

10
    mandatory 140 hours of community service, which shall 
11
    include 40 hours in a
program benefiting children, and a 
12
    mandatory minimum 30 days of imprisonment.
The 
13
    imprisonment or assignment of community service under this 
14
    subdivision (c-5)(5)

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

16
        (6) Any person convicted of violating subdivision 
17
    (c-5)(5) or a similar
provision a third time within 20 
18
    years of a previous violation of subsection
(a) or a

19
    similar provision is guilty of a Class 4 felony and shall 
20
    receive, in addition
to any other penalty imposed, an 
21
    additional mandatory 40 hours of community
service in a 
22
    program benefiting children, an additional mandatory fine 
23
    of
$3,000, and a mandatory minimum 120 days of 
24
    imprisonment. The imprisonment or
assignment of community 
25
    service under this subdivision (c-5)(6) is not subject to

26
    suspension, nor is the person eligible for a reduced 
 


 






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    sentence.

2
        (7) Any person convicted a fourth or subsequent time 
3
    for violating
subsection (a) or a similar provision, if at 
4
    the time of the fourth or
subsequent violation the person 
5
    was transporting a person under the age of 16,
and if the 
6
    person's 3 prior violations of subsection (a) or a
similar 
7
    provision
occurred while transporting a person under the 
8
    age of 16 or while the alcohol
concentration in his or her 
9
    blood, breath, or urine was 0.16 or more based
on the 
10
    definition of blood, breath, or urine units in Section 
11
    11-501.2, is
guilty of a Class 2 felony, is not eligible 
12
    for probation or conditional
discharge, and is subject to a 
13
    minimum fine of $3,000.

14
    (c-6)(1) Any person convicted of a first violation of 
15
    subsection (a) or a
similar provision, if the alcohol 
16
    concentration in his or her blood, breath, or
urine was 
17
    0.16 or more based on the definition of blood, breath, or 
18
    urine
units in Section 11-501.2, shall be subject, in 
19
    addition to any other penalty
that may be imposed, to a 
20
    mandatory minimum of 100 hours of community service
and a 
21
    mandatory minimum fine of $500.

22
        (2) Any person convicted of a second violation of 
23
    subsection (a) or a similar provision committed within 10 
24
    years of a previous violation of subsection (a) or a 
25
    similar provision, if at the time of the second violation 
26
    of subsection (a) or a similar provision the
alcohol 
 


 






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    concentration in his or her blood, breath, or urine was 
2
    0.16 or more
based on the definition of blood, breath, or 
3
    urine units in Section 11-501.2,
shall be
subject, in 
4
    addition to any other penalty that may be imposed, to a 
5
    mandatory
minimum of 2 days of imprisonment and a mandatory 
6
    minimum fine of $1,250.

7
        (3) Any person convicted of a third violation of 
8
    subsection (a) or a
similar provision within 20 years of a 
9
    previous violation of subsection (a) or
a
similar 
10
    provision, if at the time of the third violation of 
11
    subsection (a) or a
similar provision the alcohol 
12
    concentration in his or her blood, breath, or
urine was 
13
    0.16 or more based on the definition of blood, breath, or 
14
    urine units
in Section 11-501.2, is guilty of a Class 4 
15
    felony and shall be subject, in
addition to any other 
16
    penalty that may be imposed, to a mandatory minimum of
90 
17
    days of imprisonment and a mandatory minimum fine of 
18
    $2,500.

19
        (4) Any person convicted of a fourth or subsequent 
20
    violation of
subsection
(a) or a similar provision, if at 
21
    the time of the fourth or subsequent
violation the alcohol 
22
    concentration in his or her blood, breath, or urine was

23
    0.16 or more based on the definition of blood, breath, or 
24
    urine units in
Section 11-501.2, and if the person's 3 
25
    prior violations of subsection (a) or a
similar provision 
26
    occurred while transporting a person under the age of 16 or

 


 






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1
    while the alcohol concentration in his or her blood, 
2
    breath, or urine was 0.16
or more based on the definition 
3
    of blood, breath, or urine units in Section
11-501.2, is 
4
    guilty of a Class 2 felony and is not eligible for a 
5
    sentence of
probation or conditional discharge and is 
6
    subject to a minimum fine of
$2,500.


7
    (d) (1) Every person convicted of committing a violation of 
8
    this Section
shall be guilty of aggravated driving under 
9
    the influence of alcohol,
other drug or drugs, or 
10
    intoxicating compound or compounds, or any combination

11
    thereof if:


12
            (A) the person committed a violation of subsection 
13
        (a) or a similar
provision for the
third or subsequent 
14
        time;


15
            (B) the person committed a violation of subsection 
16
        (a)
while
driving a school bus with persons 18 years of 
17
        age or younger

on board;


18
            (C) the person in committing a violation of 
19
        subsection
(a) was
involved in a motor vehicle accident 
20
        that resulted in great bodily harm or
permanent 
21
        disability or disfigurement to another, when the 
22
        violation was
a proximate cause of the injuries;


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


 






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1
        relating to reckless homicide in which the person was

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


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

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


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

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


22
        (2) Except as provided in this paragraph (2), a person 
23
    convicted of
aggravated driving under
the
influence of 
24
    alcohol, other drug or
drugs,
or intoxicating compound or 
25
    compounds, or any
combination thereof is guilty of a Class 
26
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
 


 






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1
    (1) of this subsection (d), the defendant, if sentenced to 
2
    a term
of imprisonment, shall be sentenced
to not less than

3
    one year nor more than 12 years.
Aggravated driving under 
4
    the influence of alcohol, other drug or drugs,
or 
5
    intoxicating compound or compounds, or any combination 
6
    thereof as
defined in subparagraph (F) of paragraph (1) of 
7
    this subsection (d) is
a Class 2 felony, for which the 
8
    defendant, if sentenced to a term of
imprisonment, shall be 
9
    sentenced to: (A) a
term of imprisonment of not less than 3 
10
    years and not more
than 14 years if the violation resulted 
11
    in the death of one person; or
(B) a term of imprisonment 
12
    of not less than 6 years and not
more than 28 years if the 
13
    violation resulted in the deaths of 2 or more
persons.
For 
14
    any prosecution under this subsection
(d), a certified copy 
15
    of the
driving abstract of the defendant shall be admitted 
16
    as proof of any prior
conviction.
Any person sentenced 
17
    under this subsection (d) who receives a term of
probation

18
    or conditional discharge must serve a minimum term of 
19
    either 480 hours of
community service or 10 days of 
20
    imprisonment as a condition of the probation or
conditional 
21
    discharge. This mandatory minimum term of imprisonment or

22
    assignment of community service may not be suspended or 
23
    reduced by the court.


24
    (e) After a finding of guilt and prior to any final 
25
sentencing, or an
order for supervision, for an offense based 
26
upon an arrest for a
violation of this Section or a similar 
 


 






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1
provision of a local ordinance,
individuals shall be required 
2
to undergo a professional evaluation to
determine if an 
3
alcohol, drug, or intoxicating compound abuse problem exists

4
and the
extent of the problem, and undergo the imposition of 
5
treatment as appropriate.
Programs conducting these 
6
evaluations shall be
licensed by the Department of Human 
7
Services.  The cost of any professional
evaluation shall be paid 
8
for by the
individual
required to undergo the professional 
9
evaluation.


10
    (e-1) Any person who is found guilty of or pleads guilty to 
11
violating this
Section, including any person receiving a 
12
disposition of court supervision for
violating this Section, 
13
may be required by the Court to attend a victim
impact panel 
14
offered by, or under contract with, a County State's Attorney's

15
office, a probation and court services department, Mothers 
16
Against Drunk
Driving,
or the Alliance Against Intoxicated 
17
Motorists.
All costs generated by
the victim impact panel shall 
18
be paid from fees collected from the
offender or as may be 
19
determined by the court.


20
    (f) Every person found guilty of violating this Section, 
21
whose
operation of a motor vehicle while in violation of this 
22
Section proximately
caused any incident resulting in an 
23
appropriate emergency response, shall
be liable for the expense 
24
of an emergency response as provided in subsection (m) of this 
25
Section
under
Section 5-5-3 of the Unified Code of Corrections.


26
    (g) The Secretary of State shall revoke the driving 
 


 






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1
privileges of any
person convicted under this Section or a 
2
similar provision of a local
ordinance.


3
    (h) (Blank).



4
    (i) The Secretary of State shall require the use of 
5
ignition interlock
devices on all vehicles owned by an 
6
individual who has been convicted of a
second
or subsequent 
7
offense of this Section or a similar provision of a local

8
ordinance.  The Secretary shall establish by rule and regulation 
9
the procedures
for certification and use of the interlock 
10
system.


11
    (j) In addition to any other penalties and liabilities, a 
12
person who is
found guilty of or pleads guilty to violating 
13
subsection (a), including any
person placed on court 
14
supervision for violating subsection (a), shall be fined
$500, 
15
payable to the
circuit clerk, who shall distribute the money as 
16
follows: 20% to the law enforcement agency
that made the arrest 
17
and 80% shall be forwarded to the State Treasurer for deposit 
18
into the General Revenue Fund.  If the person has been 
19
previously convicted of violating
subsection (a) or a similar 
20
provision of a local
ordinance, the fine shall be
$1,000.  In 
21
the event that more than one agency is responsible
for the 
22
arrest, the amount payable to law enforcement agencies  shall be 
23
shared equally.  Any moneys received
by a law
enforcement agency 
24
under this subsection (j) shall be used for enforcement and 
25
prevention of driving while under the influence of alcohol, 
26
other drug or drugs, intoxicating compound or compounds or any 
 


 






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1
combination thereof, as defined by this Section, including but 
2
not limited to the purchase of law
enforcement equipment and 
3
commodities that will assist in the prevention of alcohol 
4
related
criminal violence throughout the State; police officer 
5
training and education in areas related to alcohol related 
6
crime, including but not limited to DUI training; and police 
7
officer salaries, including but not limited to salaries for 
8
hire back funding for safety checkpoints, saturation patrols, 
9
and liquor store sting operations.  Equipment and commodities 
10
shall include, but are not limited
to, in-car video cameras, 
11
radar and laser speed detection devices, and alcohol
breath 
12
testers.
Any moneys received by the Department of State Police 
13
under this subsection
(j) shall be deposited into the State 
14
Police DUI Fund and shall be used for enforcement and 
15
prevention of driving while under the influence of alcohol, 
16
other drug or drugs, intoxicating compound or compounds or any 
17
combination thereof, as defined by this Section, including but 
18
not limited to the

purchase of law enforcement equipment and 
19
commodities that will assist in the prevention of
alcohol 
20
related criminal violence throughout the State; police officer 
21
training and education in areas related to alcohol related 
22
crime, including but not limited to DUI training; and police 
23
officer salaries, including but not limited to salaries for 
24
hire back funding for safety checkpoints, saturation patrols, 
25
and liquor store sting operations.


26
    (k) The Secretary of State Police DUI Fund is created as a 
 


 






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1
special
fund in the State treasury. All moneys received by the 
2
Secretary of State
Police under subsection (j) of this Section 
3
shall be deposited into the
Secretary of State Police DUI Fund 
4
and, subject to appropriation, shall be
used for enforcement 
5
and prevention of driving while under the influence of alcohol, 
6
other drug or drugs, intoxicating compound or compounds or any 
7
combination thereof, as defined by this Section, including but 
8
not limited to the purchase of law enforcement equipment and 
9
commodities to assist in the prevention of
alcohol related 
10
criminal violence throughout the State; police officer 
11
training and education in areas related to alcohol related 
12
crime, including but not limited to DUI training; and police 
13
officer salaries, including but not limited to salaries for 
14
hire back funding for safety checkpoints, saturation patrols, 
15
and liquor store sting operations.


16
    (l) Whenever an individual is sentenced for an offense 
17
based upon an
arrest for a violation of subsection (a) or a 
18
similar provision of a local
ordinance, and the professional 
19
evaluation recommends remedial or
rehabilitative treatment or 
20
education, neither the treatment nor the education
shall be the 
21
sole disposition and either or both may be imposed only in

22
conjunction with another disposition. The court shall monitor 
23
compliance with
any remedial education or treatment 
24
recommendations contained in the
professional evaluation. 
25
Programs conducting alcohol or other drug evaluation
or 
26
remedial education must be licensed by the Department of Human 
 


 






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1
Services. If
the individual is not a resident of Illinois, 
2
however, the court may accept an
alcohol or other drug 
3
evaluation or remedial education program in the
individual's 
4
state of residence.  Programs providing treatment must be 
5
licensed
under existing applicable alcoholism and drug 
6
treatment licensure standards.

7
    (m) In addition to any other fine or penalty required by 
8
law, an individual
convicted of a violation of subsection (a), 
9
Section 5-7 of the Snowmobile
Registration and Safety Act, 
10
Section 5-16 of the Boat Registration and Safety
Act, or a 
11
similar provision, whose operation of a motor vehicle, 
12
snowmobile, or
watercraft while in
violation of subsection (a), 
13
Section 5-7 of the Snowmobile Registration and
Safety Act, 
14
Section 5-16 of the Boat Registration and Safety Act, or a 
15
similar
provision proximately caused an incident resulting in 
16
an appropriate emergency
response, shall be required to make 
17
restitution to a public agency for the
costs of that emergency 
18
response. The restitution may not exceed $1,000 per
public 
19
agency for each emergency response. As used in this subsection 
20
(m),
"emergency response" means any incident requiring a 
21
response by a police
officer, a firefighter carried on the 
22
rolls of a regularly constituted fire
department, or an 
23
ambulance.


24
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
25
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
26
93-840, eff. 7-30-04; 93-1093, eff. 3-29-05; 94-963, eff. 
 


 






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1
6-28-06.)

 
2
    (Text of Section from P.A. 94-110 and 94-963)
3
    Sec. 11-501. Driving while under the influence of alcohol, 
4
other drug or
drugs, intoxicating compound or compounds or any 
5
combination thereof.

6
    (a) A person shall not drive or be in actual
physical 
7
control of any vehicle within this State while:


8
        (1) the alcohol concentration in the person's blood or 
9
    breath is 0.08
or more based on the definition of blood and 
10
    breath units in Section 11-501.2;


11
        (2) under the influence of alcohol;


12
        (3) under the influence of any intoxicating compound or 
13
    combination of
intoxicating compounds to a degree that 
14
    renders the person incapable of
driving safely;


15
        (4) under the influence of any other drug or 
16
    combination of drugs to a
degree that renders the person 
17
    incapable of safely driving;


18
        (5) under the combined influence of alcohol, other drug 
19
    or drugs, or
intoxicating compound or compounds to a degree 
20
    that renders the person
incapable of safely driving; or


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


 






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1
    compound listed
in the Use of Intoxicating Compounds Act.


2
    (b) The fact that any person charged with violating this 
3
Section is or
has been legally entitled to use alcohol, other 
4
drug or drugs, or
intoxicating compound or compounds, or any

5
combination thereof,  shall not constitute a defense against any 
6
charge of
violating this Section.


7
    (b-1) With regard to penalties imposed under this Section:

8
        (1) Any reference to a prior violation of subsection 
9
    (a) or a similar
provision includes any violation of a 
10
    provision of a local ordinance or a
provision of a law of 
11
    another state that is similar to a violation of
subsection 
12
    (a) of this Section.

13
        (2) Any penalty imposed for driving with a license that 
14
    has been revoked
for a previous violation of subsection (a) 
15
    of this Section shall be in
addition to the penalty imposed 
16
    for any subsequent violation of subsection (a).

17
    (b-2) Except as otherwise provided in this Section, any 
18
person convicted of
violating subsection (a) of this Section is 
19
guilty of a Class A misdemeanor.

20
    (b-3) In addition to any other criminal or administrative 
21
sanction for any
second conviction of violating subsection (a) 
22
or a similar provision committed
within 5 years of a previous 
23
violation of subsection (a) or a similar
provision, the 
24
defendant shall be sentenced to a mandatory minimum of 5 days 
25
of
imprisonment or assigned a mandatory minimum of 240 hours of 
26
community service
as may be determined by the court.

 


 






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1
    (b-4) In the case of a third or subsequent violation 
2
committed within 5
years of a previous violation of subsection 
3
(a) or a similar provision, in
addition to any other criminal 
4
or administrative sanction, a mandatory minimum
term of either 
5
10 days of imprisonment or 480 hours of community service shall

6
be imposed.

7
    (b-5) The imprisonment or assignment of community service 
8
under subsections
(b-3) and (b-4) shall not be subject to 
9
suspension, nor shall the person be
eligible for a reduced 
10
sentence.


11
    (c) (Blank).



12
    (c-1) (1) A person who violates subsection (a)

during
a 
13
    period in which his
or her driving privileges are revoked 
14
    or suspended, where the revocation or
suspension was for a 
15
    violation of subsection (a), Section
11-501.1, paragraph 
16
    (b)
of Section 11-401, or for reckless homicide as defined 
17
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

18
    Class 4 felony.


19
        (2) A person who violates subsection (a) a third
time, 
20
    if the third violation occurs during a period in
which his 
21
    or her driving privileges are revoked or suspended where 
22
    the
revocation
or suspension was for a violation of 
23
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
24
    11-401, or for reckless homicide as defined in Section 9-3

25
    of the Criminal Code of 1961, is guilty of
a Class 3 
26
    felony; and if the
person receives a term of
probation or 
 


 






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1
    conditional discharge, he or she shall be required to serve 
2
    a
mandatory
minimum of 10 days of imprisonment or shall be 
3
    assigned a mandatory minimum of
480 hours of community 
4
    service, as may be determined by the court, as a
condition 
5
    of the probation or conditional discharge. This mandatory 
6
    minimum
term of imprisonment or assignment of community 
7
    service shall not be suspended
or reduced by the court.

8
        (2.2) A person who violates subsection (a), if the

9
    violation occurs during a period in which his or her 
10
    driving privileges are
revoked or suspended where the 
11
    revocation or suspension was for a violation of
subsection 
12
    (a) or Section 11-501.1, shall also be sentenced to an 
13
    additional
mandatory minimum term of 30 consecutive days of 
14
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
15
    720 hours of community service, as may be
determined by the 
16
    court.  This mandatory term of imprisonment or assignment of

17
    community service shall  not be suspended or reduced by the 
18
    court.


19
        (3) A person who violates subsection (a) a fourth or

20
    subsequent time, if the fourth or subsequent violation 
21
    occurs
during a period in which his
or her driving 
22
    privileges are revoked or suspended where the revocation
or 
23
    suspension was for a violation of subsection (a),
Section 
24
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
25
    homicide as defined in
Section 9-3
of
the Criminal Code of 
26
    1961, is guilty of
a Class 2 felony and is not eligible for 
 


 






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1
    a sentence of probation or
conditional discharge.


2
    (c-2) (Blank).


3
    (c-3) (Blank).



4
    (c-4) (Blank).

5
    (c-5) Except as provided in subsection (c-5.1), a person 21 
6
years of age or older who violates subsection (a), if the 
7
person was transporting
a person under the age of 16 at the 
8
time of the violation, is subject to 6 months of imprisonment, 
9
an
additional mandatory minimum fine of $1,000, and 25 days of 
10
community service in a program benefiting children. The 
11
imprisonment or assignment of community service under this

12
subsection (c-5) is not subject to suspension, nor is the 
13
person eligible for
a reduced sentence.

14
    (c-5.1) A person 21 years of age or older who is convicted 
15
of violating subsection (a) of this Section
a
first time and 
16
who in committing that violation was involved in a motor 
17
vehicle
accident that resulted in bodily harm to the child 
18
under the age of 16 being
transported by the person, if the 
19
violation was the proximate cause of the
injury, is guilty of a 
20
Class 4 felony and is subject to one year of
imprisonment,
a 
21
mandatory fine of $2,500, and 25 days of community service in a 
22
program
benefiting children. The imprisonment or assignment to 
23
community service under
this subsection (c-5.1) shall not be 
24
subject to suspension, nor shall the person be
eligible for 
25
probation in order to reduce the sentence or assignment.

26
    (c-6) Except as provided in subsections (c-7) and (c-7.1), 
 


 






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1
a person 21 years of age or older who
violates
subsection (a) a 
2
second time, if at the time of
the second violation the person 
3
was transporting a person under the age of 16,
is subject to 6 
4
months of imprisonment, an additional mandatory
minimum fine of 
5
$1,000, and an additional mandatory minimum 140 hours of

6
community service, which shall include 40 hours of community 
7
service in a
program benefiting children.
The imprisonment or 
8
assignment of community service under this subsection (c-6)
is 
9
not subject to suspension, nor is the person eligible for a 
10
reduced
sentence.

11
    (c-7) Except as provided in subsection (c-7.1), any person 
12
21 years of age or older convicted of
violating subsection 
13
(c-6) or a similar
provision within 10 years of a previous 
14
violation of subsection (a) or a
similar provision is guilty of 
15
a Class 4 felony and, in addition to any other penalty imposed, 
16
is subject to one year of

imprisonment, 25 days of mandatory

17
community service in a program benefiting children, and a 
18
mandatory
fine of $2,500. The imprisonment or assignment of 
19
community service under this
subsection (c-7) is not subject to 
20
suspension, nor is the person
eligible for a reduced sentence.

21
    (c-7.1) A person 21 years of age or older who is convicted 
22
of violating subsection (a) of this Section
a
second time 
23
within 10 years and who in committing that violation was 
24
involved
in a motor vehicle accident that resulted in bodily 
25
harm to the child under the
age of 16 being transported, if the 
26
violation was the proximate cause of the
injury, is guilty of a 
 


 






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1
Class 4 felony and is subject to 18 months of
imprisonment, a

2
mandatory fine of $5,000, and 25 days of community service in a 
3
program
benefiting
children. The imprisonment or assignment to 
4
community service under this
subsection
(c-7.1) shall not be 
5
subject to suspension, nor shall the person be eligible for

6
probation in order
to reduce the sentence or assignment.

7
    (c-8) (Blank).

8
    (c-9)  Any person 21 years of age or older convicted a third 
9
time for violating subsection (a) or a
similar provision, if at 
10
the time of the third violation the person was
transporting a 
11
person under the age of 16, is guilty of a Class 4 felony and is 
12
subject to 18 months of imprisonment, a mandatory fine of 
13
$2,500, and 25 days  of community service in a
program 
14
benefiting children.
The imprisonment or assignment of 
15
community service under this subsection (c-9)
is not subject to 
16
suspension, nor is the person eligible for a reduced
sentence.

17
    (c-10) Any person 21 years of age or older convicted of 
18
violating subsection (c-9) or a similar
provision a third time 
19
within 20 years of a previous violation of subsection
(a) or a

20
similar provision is guilty of a Class 3 felony and, in 
21
addition
to any other penalty imposed, is subject to 3 years of 
22
imprisonment, 25 days of community
service in a program 
23
benefiting children, and a mandatory fine of
$25,000. The 
24
imprisonment or
assignment of community service under this 
25
subsection (c-10) is not subject to
suspension, nor is the 
26
person eligible for a reduced sentence.

 


 






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1
    (c-11) Any person 21 years of age or older convicted a 
2
fourth or subsequent time for violating
subsection (a) or a 
3
similar provision, if at the time of the fourth or
subsequent 
4
violation the person was transporting a person under the age of 
5
16,
and if the person's 3 prior violations of subsection (a) or 
6
a similar provision
occurred while transporting a person under 
7
the age of 16 or while the alcohol
concentration in his or her 
8
blood, breath, or urine was 0.16 or more based
on the 
9
definition of blood, breath, or urine units in Section 
10
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
11
probation or conditional
discharge, and is subject to a minimum 
12
fine of $25,000.

13
    (c-12) Any person convicted of a first violation of 
14
subsection (a) or a
similar provision, if the alcohol 
15
concentration in his or her blood, breath, or
urine was 0.16 or 
16
more based on the definition of blood, breath, or urine
units 
17
in Section 11-501.2, shall be subject, in addition to any other 
18
penalty
that may be imposed, to a mandatory minimum of 100 
19
hours of community service
and a mandatory minimum fine of 
20
$500.

21
    (c-13) Any person convicted of a second violation of 
22
subsection (a) or a similar provision committed within 10 years 
23
of a previous violation of subsection (a) or a similar 
24
provision, if at the time of the second violation of subsection 
25
(a) or a similar provision the
alcohol concentration in his or 
26
her blood, breath, or urine was 0.16 or more
based on the 
 


 






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LRB095 04953 DRH 25019 b




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

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

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

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


 






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1
eligible for a sentence of
probation or conditional discharge 
2
and is subject to a minimum fine of
$2,500.


3
    (d) (1) Every person convicted of committing a violation of 
4
    this Section
shall be guilty of aggravated driving under 
5
    the influence of alcohol,
other drug or drugs, or 
6
    intoxicating compound or compounds, or any combination

7
    thereof if:


8
            (A) the person committed a violation of subsection 
9
        (a) or a similar
provision for the
third or subsequent 
10
        time;


11
            (B) the person committed a violation of subsection 
12
        (a)
while
driving a school bus with persons 18 years of 
13
        age or younger

on board;


14
            (C) the person in committing a violation of 
15
        subsection
(a) was
involved in a motor vehicle accident 
16
        that resulted in great bodily harm or
permanent 
17
        disability or disfigurement to another, when the 
18
        violation was
a proximate cause of the injuries;


19
            (D) the person committed a violation of subsection 
20
        (a)
for a
second time and has been previously convicted 
21
        of violating Section 9-3 of the
Criminal Code of 1961 
22
        or a similar provision of a law of another state 
23
        relating to reckless homicide in which the person was

24
        determined to have been under the influence of alcohol, 
25
        other drug or
drugs, or intoxicating compound or 
26
        compounds as an element of the offense or
the person 
 


 






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1
        has previously been convicted
under subparagraph (C) 
2
        or subparagraph (F) of this paragraph (1);


3
            (E) the person, in committing a violation of 
4
        subsection (a) while
driving at any speed in a school 
5
        speed zone at a time when a speed limit of
20 miles per 
6
        hour was in effect under subsection (a) of Section 
7
        11-605 of
this Code, was involved in a motor vehicle 
8
        accident that resulted in bodily
harm, other than great 
9
        bodily harm or permanent disability or disfigurement,

10
        to another person, when the violation of subsection (a) 
11
        was a
proximate cause
of the bodily harm; or


12
            (F) the person, in committing a violation of 
13
        subsection (a), was
involved in a motor vehicle, 
14
        snowmobile, all-terrain vehicle, or watercraft

15
        accident that resulted in
the death of another person, 
16
        when the violation of subsection
(a) was
a proximate 
17
        cause of the death.


18
        (2) Except as provided in this paragraph (2), a person 
19
    convicted of
aggravated driving under
the
influence of 
20
    alcohol, other drug or
drugs,
or intoxicating compound or 
21
    compounds, or any
combination thereof is guilty of a Class 
22
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
23
    (1) of this subsection (d), the defendant, if sentenced to 
24
    a term
of imprisonment, shall be sentenced
to not less than

25
    one year nor more than 12 years.
Aggravated driving under 
26
    the influence of alcohol, other drug or drugs,
or 
 


 






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1
    intoxicating compound or compounds, or any combination 
2
    thereof as
defined in subparagraph (F) of paragraph (1) of 
3
    this subsection (d) is
a Class 2 felony, for which the 
4
    defendant, if sentenced to a term of
imprisonment, shall be 
5
    sentenced to: (A) a
term of imprisonment of not less than 3 
6
    years and not more
than 14 years if the violation resulted 
7
    in the death of one person; or
(B) a term of imprisonment 
8
    of not less than 6 years and not
more than 28 years if the 
9
    violation resulted in the deaths of 2 or more
persons.
For 
10
    any prosecution under this subsection
(d), a certified copy 
11
    of the
driving abstract of the defendant shall be admitted 
12
    as proof of any prior
conviction.
Any person sentenced 
13
    under this subsection (d) who receives a term of
probation

14
    or conditional discharge must serve a minimum term of 
15
    either 480 hours of
community service or 10 days of 
16
    imprisonment as a condition of the probation or
conditional 
17
    discharge. This mandatory minimum term of imprisonment or

18
    assignment of community service may not be suspended or 
19
    reduced by the court.


20
    (e) After a finding of guilt and prior to any final 
21
sentencing, or an
order for supervision, for an offense based 
22
upon an arrest for a
violation of this Section or a similar 
23
provision of a local ordinance,
individuals shall be required 
24
to undergo a professional evaluation to
determine if an 
25
alcohol, drug, or intoxicating compound abuse problem exists

26
and the
extent of the problem, and undergo the imposition of 
 


 






HB1864 Engrossed
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1
treatment as appropriate.
Programs conducting these 
2
evaluations shall be
licensed by the Department of Human 
3
Services.  The cost of any professional
evaluation shall be paid 
4
for by the
individual
required to undergo the professional 
5
evaluation.


6
    (e-1) Any person who is found guilty of or pleads guilty to 
7
violating this
Section, including any person receiving a 
8
disposition of court supervision for
violating this Section, 
9
may be required by the Court to attend a victim
impact panel 
10
offered by, or under contract with, a County State's Attorney's

11
office, a probation and court services department, Mothers 
12
Against Drunk
Driving,
or the Alliance Against Intoxicated 
13
Motorists.
All costs generated by
the victim impact panel shall 
14
be paid from fees collected from the
offender or as may be 
15
determined by the court.


16
    (f) Every person found guilty of violating this Section, 
17
whose
operation of a motor vehicle while in violation of this 
18
Section proximately
caused any incident resulting in an 
19
appropriate emergency response, shall
be liable for the expense 
20
of an emergency response as provided in subsection (m) of this 
21
Section
under
Section 5-5-3 of the Unified Code of Corrections.


22
    (g) The Secretary of State shall revoke the driving 
23
privileges of any
person convicted under this Section or a 
24
similar provision of a local
ordinance.


25
    (h) (Blank).



26
    (i) The Secretary of State shall require the use of 
 


 






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1
ignition interlock
devices on all vehicles owned by an 
2
individual who has been convicted of a
second
or subsequent 
3
offense of this Section or a similar provision of a local

4
ordinance.  The Secretary shall establish by rule and regulation 
5
the procedures
for certification and use of the interlock 
6
system.


7
    (j) In addition to any other penalties and liabilities, a 
8
person who is
found guilty of or pleads guilty to violating 
9
subsection (a), including any
person placed on court 
10
supervision for violating subsection (a), shall be fined
$500, 
11
payable to the
circuit clerk, who shall distribute the money as 
12
follows: 20% to the law enforcement agency
that made the arrest 
13
and 80% shall be forwarded to the State Treasurer for deposit 
14
into the General Revenue Fund.  If the person has been 
15
previously convicted of violating
subsection (a) or a similar 
16
provision of a local
ordinance, the fine shall be
$1,000.  In 
17
the event that more than one agency is responsible
for the 
18
arrest, the amount payable to law enforcement agencies  shall be 
19
shared equally.  Any moneys received
by a law
enforcement agency 
20
under this subsection (j) shall be used for enforcement and 
21
prevention of driving while under the influence of alcohol, 
22
other drug or drugs, intoxicating compound or compounds or any 
23
combination thereof, as defined by this Section, including but 
24
not limited to the purchase of law
enforcement equipment and 
25
commodities that will assist in the prevention of alcohol 
26
related
criminal violence throughout the State; police officer 
 


 






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1
training and education in areas related to alcohol related 
2
crime, including but not limited to DUI training; and police 
3
officer salaries, including but not limited to salaries for 
4
hire back funding for safety checkpoints, saturation patrols, 
5
and liquor store sting operations. Equipment and commodities 
6
shall include, but are not limited
to, in-car video cameras, 
7
radar and laser speed detection devices, and alcohol
breath 
8
testers.
Any moneys received by the Department of State Police 
9
under this subsection
(j) shall be deposited into the State 
10
Police DUI Fund and shall be used 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.


22
    (k) The Secretary of State Police DUI Fund is created as a 
23
special
fund in the State treasury. All moneys received by the 
24
Secretary of State
Police under subsection (j) of this Section 
25
shall be deposited into the
Secretary of State Police DUI Fund 
26
and, subject to appropriation, shall be
used for enforcement 
 


 






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1
and 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 to assist in the prevention of
alcohol related 
6
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
    (l) Whenever an individual is sentenced for an offense 
13
based upon an
arrest for a violation of subsection (a) or a 
14
similar provision of a local
ordinance, and the professional 
15
evaluation recommends remedial or
rehabilitative treatment or 
16
education, neither the treatment nor the education
shall be the 
17
sole disposition and either or both may be imposed only in

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


 






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1
licensed
under existing applicable alcoholism and drug 
2
treatment licensure standards.

3
    (m) In addition to any other fine or penalty required by 
4
law, an individual
convicted of a violation of subsection (a), 
5
Section 5-7 of the Snowmobile
Registration and Safety Act, 
6
Section 5-16 of the Boat Registration and Safety
Act, or a 
7
similar provision, whose operation of a motor vehicle, 
8
snowmobile, or
watercraft while in
violation of subsection (a), 
9
Section 5-7 of the Snowmobile Registration and
Safety Act, 
10
Section 5-16 of the Boat Registration and Safety Act, or a 
11
similar
provision proximately caused an incident resulting in 
12
an appropriate emergency
response, shall be required to make 
13
restitution to a public agency for the
costs of that emergency 
14
response. The restitution may not exceed $1,000 per
public 
15
agency for each emergency response. As used in this subsection 
16
(m),
"emergency response" means any incident requiring a 
17
response by a police
officer, a firefighter carried on the 
18
rolls of a regularly constituted fire
department, or an 
19
ambulance.


20
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
21
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
22
93-840, eff. 7-30-04; 94-110, eff. 1-1-06; 94-963, eff. 
23
6-28-06.)

 
24
    (Text of Section from P.A. 94-113, 94-609, and 94-963)
25
    Sec. 11-501. Driving while under the influence of alcohol, 
 


 






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1
other drug or
drugs, intoxicating compound or compounds or any 
2
combination thereof.

3
    (a) A person shall not drive or be in actual
physical 
4
control of any vehicle within this State while:


5
        (1) the alcohol concentration in the person's blood or 
6
    breath is 0.08
or more based on the definition of blood and 
7
    breath units in Section 11-501.2;


8
        (2) under the influence of alcohol;


9
        (3) under the influence of any intoxicating compound or 
10
    combination of
intoxicating compounds to a degree that 
11
    renders the person incapable of
driving safely;


12
        (4) under the influence of any other drug or 
13
    combination of drugs to a
degree that renders the person 
14
    incapable of safely driving;


15
        (5) under the combined influence of alcohol, other drug 
16
    or drugs, or
intoxicating compound or compounds to a degree 
17
    that renders the person
incapable of safely driving; or


18
        (6) there is any amount of a drug, substance, or 
19
    compound in the
person's breath, blood, or urine resulting 
20
    from the unlawful use or consumption
of cannabis listed in 
21
    the Cannabis Control Act, a controlled substance listed
in 
22
    the Illinois Controlled Substances Act, or an intoxicating 
23
    compound listed
in the Use of Intoxicating Compounds Act.


24
    (b) The fact that any person charged with violating this 
25
Section is or
has been legally entitled to use alcohol, other 
26
drug or drugs, or
intoxicating compound or compounds, or any

 


 






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1
combination thereof,  shall not constitute a defense against any 
2
charge of
violating this Section.


3
    (b-1) With regard to penalties imposed under this Section:

4
        (1) Any reference to a prior violation of subsection 
5
    (a) or a similar
provision includes any violation of a 
6
    provision of a local ordinance or a
provision of a law of 
7
    another state that is similar to a violation of
subsection 
8
    (a) of this Section.

9
        (2) Any penalty imposed for driving with a license that 
10
    has been revoked
for a previous violation of subsection (a) 
11
    of this Section shall be in
addition to the penalty imposed 
12
    for any subsequent violation of subsection (a).

13
    (b-2) Except as otherwise provided in this Section, any 
14
person convicted of
violating subsection (a) of this Section is 
15
guilty of a Class A misdemeanor.

16
    (b-3) In addition to any other criminal or administrative 
17
sanction for any
second conviction of violating subsection (a) 
18
or a similar provision committed
within 5 years of a previous 
19
violation of subsection (a) or a similar
provision, the 
20
defendant shall be sentenced to a mandatory minimum of 5 days 
21
of
imprisonment or assigned a mandatory minimum of 240 hours of 
22
community service
as may be determined by the court.

23
    (b-4) In the case of a third or subsequent violation 
24
committed within 5
years of a previous violation of subsection 
25
(a) or a similar provision, in
addition to any other criminal 
26
or administrative sanction, a mandatory minimum
term of either 
 


 






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1
10 days of imprisonment or 480 hours of community service shall

2
be imposed.

3
    (b-5) The imprisonment or assignment of community service 
4
under subsections
(b-3) and (b-4) shall not be subject to 
5
suspension, nor shall the person be
eligible for a reduced 
6
sentence.


7
    (c) (Blank).



8
    (c-1) (1) A person who violates subsection (a)

during
a 
9
    period in which his
or her driving privileges are revoked 
10
    or suspended, where the revocation or
suspension was for a 
11
    violation of subsection (a), Section
11-501.1, paragraph 
12
    (b)
of Section 11-401, or for reckless homicide as defined 
13
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

14
    Class 4 felony.


15
        (2) A person who violates subsection (a) a third
time, 
16
    if the third violation occurs during a period in
which his 
17
    or her driving privileges are revoked or suspended where 
18
    the
revocation
or suspension was for a violation of 
19
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
20
    11-401, or for reckless homicide as defined in Section 9-3

21
    of the Criminal Code of 1961, is guilty of
a Class 3 
22
    felony.
23
        (2.1) A person who violates subsection (a) a third 
24
    time, if the third
violation occurs during a period in 
25
    which his or her driving privileges are
revoked or 
26
    suspended where the revocation or suspension was for a 
 


 






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1
    violation of
subsection (a), Section 11-501.1, subsection 
2
    (b) of Section 11-401, or for
reckless homicide as defined 
3
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
4
    Class 3 felony; and if the
person receives a term of

5
    probation or conditional discharge, he or she shall be 
6
    required to serve a
mandatory
minimum of 10 days of 
7
    imprisonment or shall be assigned a mandatory minimum of

8
    480 hours of community service, as may be determined by the 
9
    court, as a
condition of the probation or conditional 
10
    discharge. This mandatory minimum
term of imprisonment or 
11
    assignment of community service shall not be suspended
or 
12
    reduced by the court.

13
        (2.2) A person who violates subsection (a), if the

14
    violation occurs during a period in which his or her 
15
    driving privileges are
revoked or suspended where the 
16
    revocation or suspension was for a violation of
subsection 
17
    (a) or Section 11-501.1, shall also be sentenced to an 
18
    additional
mandatory minimum term of 30 consecutive days of 
19
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
20
    720 hours of community service, as may be
determined by the 
21
    court.  This mandatory term of imprisonment or assignment of

22
    community service shall  not be suspended or reduced by the 
23
    court.


24
        (3) A person who violates subsection (a) a fourth or

25
    subsequent time, if the fourth or subsequent violation 
26
    occurs
during a period in which his
or her driving 
 


 






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1
    privileges are revoked or suspended where the revocation
or 
2
    suspension was for a violation of subsection (a),
Section 
3
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
4
    homicide as defined in
Section 9-3
of
the Criminal Code of 
5
    1961, is guilty of
a Class 2 felony and is not eligible for 
6
    a sentence of probation or
conditional discharge.


7
    (c-2) (Blank).


8
    (c-3) (Blank).



9
    (c-4) (Blank).

10
    (c-5) A person who violates subsection (a), if the person 
11
was transporting
a person under the age of 16 at the time of 
12
the violation, is subject to an
additional mandatory minimum 
13
fine of $1,000, an additional mandatory minimum
140 hours of 
14
community service, which shall include 40 hours of community

15
service in a program benefiting children, and an additional 2 
16
days of
imprisonment. The imprisonment or assignment of 
17
community service under this
subsection (c-5) is not subject to 
18
suspension, nor is the person eligible for
a reduced sentence.

19
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
20
person who
violates
subsection (a) a second time, if at the 
21
time of
the second violation the person was transporting a 
22
person under the age of 16,
is subject to an additional 10 days 
23
of imprisonment, an additional mandatory
minimum fine of 
24
$1,000, and an additional mandatory minimum 140 hours of

25
community service, which shall include 40 hours of community 
26
service in a
program benefiting children.
The imprisonment or 
 


 






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1
assignment of community service under this subsection (c-6)
is 
2
not subject to suspension, nor is the person eligible for a 
3
reduced
sentence.

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

7
similar provision shall receive, in addition to any other 
8
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
9
additional 40 hours of mandatory
community service in a program 
10
benefiting children, and a mandatory minimum
fine of $1,750. 
11
The imprisonment or assignment of community service under this

12
subsection (c-7) is not subject to suspension, nor is the 
13
person
eligible for a reduced sentence.

14
    (c-8) Any person convicted of violating subsection (c-6) or 
15
a similar
provision within 5 years of a previous violation of 
16
subsection (a) or a similar
provision shall receive, in 
17
addition to any other penalty imposed, an
additional 80 hours 
18
of mandatory community service in a program benefiting

19
children, an additional mandatory minimum 12 days of 
20
imprisonment, and a
mandatory minimum fine of $1,750. The 
21
imprisonment or assignment of community
service under this 
22
subsection (c-8) is not subject to suspension, nor
is the

23
person eligible for a reduced sentence.

24
    (c-9) Any person convicted a third time for violating 
25
subsection (a) or a
similar provision, if at the time of the 
26
third violation the person was
transporting a person under the 
 


 






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1
age of 16, is guilty of a Class 4 felony and shall
receive, in 
2
addition to any other
penalty imposed, an additional mandatory 
3
fine of $1,000, an additional
mandatory 140 hours of community 
4
service, which shall include 40 hours in a
program benefiting 
5
children, and a mandatory minimum 30 days of imprisonment.
The 
6
imprisonment or assignment of community service under this 
7
subsection (c-9)
is not subject to suspension, nor is the 
8
person eligible for a reduced
sentence.

9
    (c-10) Any person convicted of violating subsection (c-9) 
10
or a similar
provision a third time within 20 years of a 
11
previous violation of subsection
(a) or a
similar provision is 
12
guilty of a Class 4 felony and shall receive, in addition
to 
13
any other penalty imposed, an additional mandatory 40 hours of 
14
community
service in a program benefiting children, an 
15
additional mandatory fine of

$3,000, and a mandatory minimum 
16
120 days of imprisonment. The imprisonment or
assignment of 
17
community service under this subsection (c-10) is not subject 
18
to
suspension, nor is the person eligible for a reduced 
19
sentence.

20
    (c-11) Any person convicted a fourth or subsequent time for 
21
violating
subsection (a) or a similar provision, if at the time 
22
of the fourth or
subsequent violation the person was 
23
transporting a person under the age of 16,
and if the person's 
24
3 prior violations of subsection (a) or a similar provision

25
occurred while transporting a person under the age of 16 or 
26
while the alcohol
concentration in his or her blood, breath, or 
 


 






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1
urine was 0.16 or more based
on the definition of blood, 
2
breath, or urine units in Section 11-501.2, is
guilty of a 
3
Class 2 felony, is not eligible for probation or conditional

4
discharge, and is subject to a minimum fine of $3,000.

5
    (c-12) Any person convicted of a first violation of 
6
subsection (a) or a
similar provision, if 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, shall be subject, in addition to any other 
10
penalty
that may be imposed, to a mandatory minimum of 100 
11
hours of community service
and a mandatory minimum fine of 
12
$500.

13
    (c-13) Any person convicted of a second violation of 
14
subsection (a) or a similar provision committed within 10 years 
15
of a previous violation of subsection (a) or a similar 
16
provision committed within 10 years of a previous violation of 
17
subsection (a) or a similar provision, if at the time of the 
18
second violation of subsection (a) the
alcohol concentration in 
19
his or her blood, breath, or urine was 0.16 or more
based on 
20
the definition of blood, breath, or urine units in Section 
21
11-501.2,
shall be
subject, in addition to any other penalty 
22
that may be imposed, to a mandatory
minimum of 2 days of 
23
imprisonment and a mandatory minimum fine of $1,250.

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


 






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1
at the time of the third violation of subsection (a) or a

2
similar provision the alcohol concentration in his or her 
3
blood, breath, or
urine was 0.16 or more based on the 
4
definition of blood, breath, or urine units
in Section 
5
11-501.2, is guilty of a Class 4 felony and shall be subject, 
6
in
addition to any other penalty that may be imposed, to a 
7
mandatory minimum of
90 days of imprisonment and a mandatory 
8
minimum fine of $2,500.

9
    (c-15) Any person convicted of a fourth or subsequent 
10
violation of
subsection
(a) or a similar provision, if at the 
11
time of the fourth or subsequent
violation 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, and if the person's 3 prior violations of 
15
subsection (a) or a
similar provision occurred while 
16
transporting a person under the age of 16 or
while the alcohol 
17
concentration in his or her blood, breath, or urine was 0.16
or 
18
more based on the definition of blood, breath, or urine units 
19
in Section
11-501.2, is guilty of a Class 2 felony and is not 
20
eligible for a sentence of
probation or conditional discharge 
21
and is subject to a minimum fine of
$2,500.


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

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


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

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


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

18
    one year nor more than 12 years.
Aggravated driving under 
19
    the influence of alcohol, other drug or drugs,
or 
20
    intoxicating compound or compounds, or any combination 
21
    thereof as
defined in subparagraph (F) of paragraph (1) of 
22
    this subsection (d) is
a Class 2 felony, for which the 
23
    defendant, unless the court determines that extraordinary 
24
    circumstances exist and require probation, shall be 
25
    sentenced to: (A) a
term of imprisonment of not less than 3 
26
    years and not more
than 14 years if the violation resulted 
 


 






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

8
    or conditional discharge must serve a minimum term of 
9
    either 480 hours of
community service or 10 days of 
10
    imprisonment as a condition of the probation or
conditional 
11
    discharge. This mandatory minimum term of imprisonment or

12
    assignment of community service may not be suspended or 
13
    reduced by the court.


14
    (e) After a finding of guilt and prior to any final 
15
sentencing, or an
order for supervision, for an offense based 
16
upon an arrest for a
violation of this Section or a similar 
17
provision of a local ordinance,
individuals shall be required 
18
to undergo a professional evaluation to
determine if an 
19
alcohol, drug, or intoxicating compound abuse problem exists

20
and the
extent of the problem, and undergo the imposition of 
21
treatment as appropriate.
Programs conducting these 
22
evaluations shall be
licensed by the Department of Human 
23
Services.  The cost of any professional
evaluation shall be paid 
24
for by the
individual
required to undergo the professional 
25
evaluation.


26
    (e-1) Any person who is found guilty of or pleads guilty to 
 


 






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1
violating this
Section, including any person receiving a 
2
disposition of court supervision for
violating this Section, 
3
may be required by the Court to attend a victim
impact panel 
4
offered by, or under contract with, a County State's Attorney's

5
office, a probation and court services department, Mothers 
6
Against Drunk
Driving,
or the Alliance Against Intoxicated 
7
Motorists.
All costs generated by
the victim impact panel shall 
8
be paid from fees collected from the
offender or as may be 
9
determined by the court.


10
    (f) Every person found guilty of violating this Section, 
11
whose
operation of a motor vehicle while in violation of this 
12
Section proximately
caused any incident resulting in an 
13
appropriate emergency response, shall
be liable for the expense 
14
of an emergency response as provided in subsection (m) of this 
15
Section
under
Section 5-5-3 of the Unified Code of Corrections.


16
    (g) The Secretary of State shall revoke the driving 
17
privileges of any
person convicted under this Section or a 
18
similar provision of a local
ordinance.


19
    (h) (Blank).



20
    (i) The Secretary of State shall require the use of 
21
ignition interlock
devices on all vehicles owned by an 
22
individual who has been convicted of a
second
or subsequent 
23
offense of this Section or a similar provision of a local

24
ordinance.  The Secretary shall establish by rule and regulation 
25
the procedures
for certification and use of the interlock 
26
system.


 


 






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1
    (j) In addition to any other penalties and liabilities, a 
2
person who is
found guilty of or pleads guilty to violating 
3
subsection (a), including any
person placed on court 
4
supervision for violating subsection (a), shall be fined
$500, 
5
payable to the
circuit clerk, who shall distribute the money as 
6
follows: 20% to the law enforcement agency
that made the arrest 
7
and 80% shall be forwarded to the State Treasurer for deposit 
8
into the General Revenue Fund.  If the person has been 
9
previously convicted of violating
subsection (a) or a similar 
10
provision of a local
ordinance, the fine shall be
$1,000.  In 
11
the event that more than one agency is responsible
for the 
12
arrest, the amount payable to law enforcement agencies  shall be 
13
shared equally.  Any moneys received
by a law
enforcement agency 
14
under this subsection (j) shall be used for enforcement and 
15
prevention of driving while under the influence of alcohol, 
16
other drug or drugs, intoxicating compound or compounds or any 
17
combination thereof, as defined by this Section, including but 
18
not limited to the purchase of law
enforcement equipment and 
19
commodities that will assist in the prevention of alcohol 
20
related
criminal violence throughout the State; police officer 
21
training and education in areas related to alcohol related 
22
crime, including but not limited to DUI training; and police 
23
officer salaries, including but not limited to salaries for 
24
hire back funding for safety checkpoints, saturation patrols, 
25
and liquor store sting operations. Equipment and commodities 
26
shall include, but are not limited
to, in-car video cameras, 
 


 






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1
radar and laser speed detection devices, and alcohol
breath 
2
testers.
Any moneys received by the Department of State Police 
3
under this subsection
(j) shall be deposited into the State 
4
Police DUI Fund and shall be used for enforcement and 
5
prevention of driving while under the influence of alcohol, 
6
other drug or drugs, intoxicating compound or compounds or any 
7
combination thereof, as defined by this Section, including but 
8
not limited to the

purchase of law enforcement equipment and 
9
commodities that will assist in the prevention of
alcohol 
10
related criminal violence throughout the State; police officer 
11
training and education in areas related to alcohol related 
12
crime, including but not limited to DUI training; and police 
13
officer salaries, including but not limited to salaries for 
14
hire back funding for safety checkpoints, saturation patrols, 
15
and liquor store sting operations.


16
    (k) The Secretary of State Police DUI Fund is created as a 
17
special
fund in the State treasury. All moneys received by the 
18
Secretary of State
Police under subsection (j) of this Section 
19
shall be deposited into the
Secretary of State Police DUI Fund 
20
and, subject to appropriation, shall be
used for enforcement 
21
and prevention of driving while under the influence of alcohol, 
22
other drug or drugs, intoxicating compound or compounds or any 
23
combination thereof, as defined by this Section, including but 
24
not limited to the purchase of law enforcement equipment and 
25
commodities to assist in the prevention of
alcohol related 
26
criminal violence throughout the State; police officer 
 


 






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1
training and education in areas related to alcohol related 
2
crime, including but not limited to DUI training; and police 
3
officer salaries, including but not limited to salaries for 
4
hire back funding for safety checkpoints, saturation patrols, 
5
and liquor store sting operations.


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

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

23
    (m) In addition to any other fine or penalty required by 
24
law, an individual
convicted of a violation of subsection (a), 
25
Section 5-7 of the Snowmobile
Registration and Safety Act, 
26
Section 5-16 of the Boat Registration and Safety
Act, or a 
 


 






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


14
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
15
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
16
93-840, eff. 7-30-04; 94-113, eff. 1-1-06; 94-609, eff. 1-1-06; 
17
94-963, eff. 6-28-06.)

 
18
    (Text of Section from P.A. 94-114 and 94-963)
19
    Sec. 11-501. Driving while under the influence of alcohol, 
20
other drug or
drugs, intoxicating compound or compounds or any 
21
combination thereof.

22
    (a) A person shall not drive or be in actual
physical 
23
control of any vehicle within this State while:


24
        (1) the alcohol concentration in the person's blood or 
25
    breath is 0.08
or more based on the definition of blood and 
 


 






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1
    breath units in Section 11-501.2;


2
        (2) under the influence of alcohol;


3
        (3) under the influence of any intoxicating compound or 
4
    combination of
intoxicating compounds to a degree that 
5
    renders the person incapable of
driving safely;


6
        (4) under the influence of any other drug or 
7
    combination of drugs to a
degree that renders the person 
8
    incapable of safely driving;


9
        (5) under the combined influence of alcohol, other drug 
10
    or drugs, or
intoxicating compound or compounds to a degree 
11
    that renders the person
incapable of safely driving; or


12
        (6) there is any amount of a drug, substance, or 
13
    compound in the
person's breath, blood, or urine resulting 
14
    from the unlawful use or consumption
of cannabis listed in 
15
    the Cannabis Control Act, a controlled substance listed
in 
16
    the Illinois Controlled Substances Act, or an intoxicating 
17
    compound listed
in the Use of Intoxicating Compounds Act.


18
    (b) The fact that any person charged with violating this 
19
Section is or
has been legally entitled to use alcohol, other 
20
drug or drugs, or
intoxicating compound or compounds, or any

21
combination thereof,  shall not constitute a defense against any 
22
charge of
violating this Section.


23
    (b-1) With regard to penalties imposed under this Section:

24
        (1) Any reference to a prior violation of subsection 
25
    (a) or a similar
provision includes any violation of a 
26
    provision of a local ordinance or a
provision of a law of 
 


 






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1
    another state that is similar to a violation of
subsection 
2
    (a) of this Section.

3
        (2) Any penalty imposed for driving with a license that 
4
    has been revoked
for a previous violation of subsection (a) 
5
    of this Section shall be in
addition to the penalty imposed 
6
    for any subsequent violation of subsection (a).

7
    (b-2) Except as otherwise provided in this Section, any 
8
person convicted of
violating subsection (a) of this Section is 
9
guilty of a Class A misdemeanor.

10
    (b-3) In addition to any other criminal or administrative 
11
sanction for any
second conviction of violating subsection (a) 
12
or a similar provision committed
within 5 years of a previous 
13
violation of subsection (a) or a similar
provision, the 
14
defendant shall be sentenced to a mandatory minimum of 5 days 
15
of
imprisonment or assigned a mandatory minimum of 240 hours of 
16
community service
as may be determined by the court.

17
    (b-4) In the case of a third or subsequent violation 
18
committed within 5
years of a previous violation of subsection 
19
(a) or a similar provision, in
addition to any other criminal 
20
or administrative sanction, a mandatory minimum
term of either 
21
10 days of imprisonment or 480 hours of community service shall

22
be imposed.

23
    (b-5) The imprisonment or assignment of community service 
24
under subsections
(b-3) and (b-4) shall not be subject to 
25
suspension, nor shall the person be
eligible for a reduced 
26
sentence.


 


 






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1
    (c) (Blank).



2
    (c-1) (1) A person who violates subsection (a)

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

8
    Class 4 felony.


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

15
    of the Criminal Code of 1961, is guilty of
a Class 3 
16
    felony.
17
        (2.1) A person who violates subsection (a) a third 
18
    time, if the third
violation occurs during a period in 
19
    which his or her driving privileges are
revoked or 
20
    suspended where the revocation or suspension was for a 
21
    violation of
subsection (a), Section 11-501.1, subsection 
22
    (b) of Section 11-401, or for
reckless homicide as defined 
23
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
24
    Class 3 felony; and if the
person receives a term of

25
    probation or conditional discharge, he or she shall be 
26
    required to serve a
mandatory
minimum of 10 days of 
 


 






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1
    imprisonment or shall be assigned a mandatory minimum of

2
    480 hours of community service, as may be determined by the 
3
    court, as a
condition of the probation or conditional 
4
    discharge. This mandatory minimum
term of imprisonment or 
5
    assignment of community service shall not be suspended
or 
6
    reduced by the court.

7
        (2.2) A person who violates subsection (a), if the

8
    violation occurs during a period in which his or her 
9
    driving privileges are
revoked or suspended where the 
10
    revocation or suspension was for a violation of
subsection 
11
    (a) or Section 11-501.1, shall also be sentenced to an 
12
    additional
mandatory minimum term of 30 consecutive days of 
13
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
14
    720 hours of community service, as may be
determined by the 
15
    court.  This mandatory term of imprisonment or assignment of

16
    community service shall  not be suspended or reduced by the 
17
    court.


18
        (3) A person who violates subsection (a) a fourth or

19
    fifth time, if the fourth or fifth

violation occurs
during 
20
    a period in which his
or her driving privileges are revoked 
21
    or suspended where the revocation
or suspension was for a 
22
    violation of subsection (a),
Section 11-501.1, paragraph

23
    (b) of Section 11-401, or for reckless homicide as defined 
24
    in
Section 9-3
of
the Criminal Code of 1961, is guilty of
a 
25
    Class 2 felony and is not eligible for a sentence of 
26
    probation or
conditional discharge.


 


 






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1
    (c-2) (Blank).


2
    (c-3) (Blank).



3
    (c-4) (Blank).

4
    (c-5) A person who violates subsection (a), if the person 
5
was transporting
a person under the age of 16 at the time of 
6
the violation, is subject to an
additional mandatory minimum 
7
fine of $1,000, an additional mandatory minimum
140 hours of 
8
community service, which shall include 40 hours of community

9
service in a program benefiting children, and an additional 2 
10
days of
imprisonment. The imprisonment or assignment of 
11
community service under this
subsection (c-5) is not subject to 
12
suspension, nor is the person eligible for
a reduced sentence.

13
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
14
person who
violates
subsection (a) a second time, if at the 
15
time of
the second violation the person was transporting a 
16
person under the age of 16,
is subject to an additional 10 days 
17
of imprisonment, an additional mandatory
minimum fine of 
18
$1,000, and an additional mandatory minimum 140 hours of

19
community service, which shall include 40 hours of community 
20
service in a
program benefiting children.
The imprisonment or 
21
assignment of community service under this subsection (c-6)
is 
22
not subject to suspension, nor is the person eligible for a 
23
reduced
sentence.

24
    (c-7) Except as provided in subsection (c-8), any person 
25
convicted of
violating subsection (c-6) or a similar
provision 
26
within 10 years of a previous violation of subsection (a) or a

 


 






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1
similar provision shall receive, in addition to any other 
2
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
3
additional 40 hours of mandatory
community service in a program 
4
benefiting children, and a mandatory minimum
fine of $1,750. 
5
The imprisonment or assignment of community service under this

6
subsection (c-7) is not subject to suspension, nor is the 
7
person
eligible for a reduced sentence.

8
    (c-8) Any person convicted of violating subsection (c-6) or 
9
a similar
provision within 5 years of a previous violation of 
10
subsection (a) or a similar
provision shall receive, in 
11
addition to any other penalty imposed, an
additional 80 hours 
12
of mandatory community service in a program benefiting

13
children, an additional mandatory minimum 12 days of 
14
imprisonment, and a
mandatory minimum fine of $1,750. The 
15
imprisonment or assignment of community
service under this 
16
subsection (c-8) is not subject to suspension, nor
is the

17
person eligible for a reduced sentence.

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 4 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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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 4 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 or fifth

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


 






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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 4 felony and shall be subject, 
26
in
addition to any other penalty that may be imposed, to a 
 


 






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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 or fifth

violation 
4
of
subsection
(a) or a similar provision, if at the time of the 
5
fourth or fifth

violation the alcohol concentration in his or 
6
her blood, breath, or urine was
0.16 or more based on the 
7
definition of blood, breath, or urine units in
Section 
8
11-501.2, and if the person's 3 prior violations of subsection 
9
(a) or a
similar provision occurred while transporting a person 
10
under the age of 16 or
while the alcohol concentration in his 
11
or her blood, breath, or urine was 0.16
or more based on the 
12
definition of blood, breath, or urine units in Section

13
11-501.2, is guilty of a Class 2 felony and is not eligible for 
14
a sentence of
probation or conditional discharge and is subject 
15
to a minimum fine of
$2,500.


16
    (c-16) Any person convicted of a sixth or subsequent 
17
violation of subsection (a) is guilty of a Class X felony.

18
    (d) (1) Every person convicted of committing a violation of 
19
    this Section
shall be guilty of aggravated driving under 
20
    the influence of alcohol,
other drug or drugs, or 
21
    intoxicating compound or compounds, or any combination

22
    thereof if:


23
            (A) the person committed a violation of subsection 
24
        (a) or a similar
provision for the
third or subsequent 
25
        time;


26
            (B) the person committed a violation of subsection 
 


 






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1
        (a)
while
driving a school bus with persons 18 years of 
2
        age or younger

on board;


3
            (C) the person in committing a violation of 
4
        subsection
(a) was
involved in a motor vehicle accident 
5
        that resulted in great bodily harm or
permanent 
6
        disability or disfigurement to another, when the 
7
        violation was
a proximate cause of the injuries;


8
            (D) the person committed a violation of subsection 
9
        (a)
for a
second time and has been previously convicted 
10
        of violating Section 9-3 of the
Criminal Code of 1961 
11
        or a similar provision of a law of another state 
12
        relating to reckless homicide in which the person was

13
        determined to have been under the influence of alcohol, 
14
        other drug or
drugs, or intoxicating compound or 
15
        compounds as an element of the offense or
the person 
16
        has previously been convicted
under subparagraph (C) 
17
        or subparagraph (F) of this paragraph (1);


18
            (E) the person, in committing a violation of 
19
        subsection (a) while
driving at any speed in a school 
20
        speed zone at a time when a speed limit of
20 miles per 
21
        hour was in effect under subsection (a) of Section 
22
        11-605 of
this Code, was involved in a motor vehicle 
23
        accident that resulted in bodily
harm, other than great 
24
        bodily harm or permanent disability or disfigurement,

25
        to another person, when the violation of subsection (a) 
26
        was a
proximate cause
of the bodily harm; or


 


 






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1
            (F) the person, in committing a violation of 
2
        subsection (a), was
involved in a motor vehicle, 
3
        snowmobile, all-terrain vehicle, or watercraft

4
        accident that resulted in
the death of another person, 
5
        when the violation of subsection
(a) was
a proximate 
6
        cause of the death.


7
        (2) Except as provided in this paragraph (2), a person 
8
    convicted of
aggravated driving under
the
influence of 
9
    alcohol, other drug or
drugs,
or intoxicating compound or 
10
    compounds, or any
combination thereof is guilty of a Class 
11
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
12
    (1) of this subsection (d), the defendant, if sentenced to 
13
    a term
of imprisonment, shall be sentenced
to not less than

14
    one year nor more than 12 years.
Aggravated driving under 
15
    the influence of alcohol, other drug or drugs,
or 
16
    intoxicating compound or compounds, or any combination 
17
    thereof as
defined in subparagraph (F) of paragraph (1) of 
18
    this subsection (d) is
a Class 2 felony, for which the 
19
    defendant, if sentenced to a term of
imprisonment, 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 
 


 






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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 
 


 






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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 in subsection (m) of this 
10
Section
under
Section 5-5-3 of the 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 
 


 






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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, 
 


 






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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.


 


 






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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 
 


 






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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; 94-114, eff. 1-1-06; 94-963, eff. 
12
6-28-06.)

 
13
    (Text of Section from P.A. 94-116 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;


 


 






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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 
 


 






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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 violation committed within 5

13
years of a previous violation of subsection (a) or a similar 
14
provision, the defendant is guilty of a Class 2 felony, and in

15
addition to any other criminal or administrative sanction, a 
16
mandatory minimum
term of either 10 days of imprisonment or 480 
17
hours of community service shall
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 
 


 






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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
    is guilty of
a Class 2 felony.
6
        (2.1) A person who violates subsection (a) a third 
7
    time, if the third
violation occurs during a period in 
8
    which his or her driving privileges are
revoked or 
9
    suspended where the revocation or suspension was for a 
10
    violation of
subsection (a), Section 11-501.1, subsection 
11
    (b) of Section 11-401, or for
reckless homicide as defined 
12
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
13
    Class 2 felony; and if the
person receives a term of

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

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

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

23
    violation occurs during a period in which his or her 
24
    driving privileges are
revoked or suspended where the 
25
    revocation or suspension was for a violation of
subsection 
26
    (a) or Section 11-501.1, shall also be sentenced to an 
 


 






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1
    additional
mandatory minimum term of 30 consecutive days of 
2
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
3
    720 hours of community service, as may be
determined by the 
4
    court.  This mandatory term of imprisonment or assignment of

5
    community service shall  not be suspended or reduced by the 
6
    court.


7
        (3) A person who violates subsection (a) a fourth time 
8
    is guilty of
a Class 2 felony and is not eligible for a 
9
    sentence of probation or
conditional discharge.


10
        (4) A person who violates subsection (a) a fifth or 
11
    subsequent time is guilty of a Class 1 felony and is not 
12
    eligible for a sentence of probation or conditional 
13
    discharge.

14
    (c-2) (Blank).


15
    (c-3) (Blank).



16
    (c-4) (Blank).

17
    (c-5) A person who violates subsection (a), if the person 
18
was transporting
a person under the age of 16 at the time of 
19
the violation, is subject to an
additional mandatory minimum 
20
fine of $1,000, an additional mandatory minimum
140 hours of 
21
community service, which shall include 40 hours of community

22
service in a program benefiting children, and an additional 2 
23
days of
imprisonment. The imprisonment or assignment of 
24
community service under this
subsection (c-5) is not subject to 
25
suspension, nor is the person eligible for
a reduced sentence.

26
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
 


 






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1
person who
violates
subsection (a) a second time, if at the 
2
time of
the second violation the person was transporting a 
3
person under the age of 16,
is subject to an additional 10 days 
4
of imprisonment, an additional mandatory
minimum fine of 
5
$1,000, and an additional mandatory minimum 140 hours of

6
community service, which shall include 40 hours of community 
7
service in a
program benefiting children.
The imprisonment or 
8
assignment of community service under this subsection (c-6)
is 
9
not subject to suspension, nor is the person eligible for a 
10
reduced
sentence.

11
    (c-7) Except as provided in subsection (c-8), any person 
12
convicted of
violating subsection (c-6) or a similar
provision 
13
within 10 years of a previous violation of subsection (a) or a

14
similar provision shall receive, in addition to any other 
15
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
16
additional 40 hours of mandatory
community service in a program 
17
benefiting children, and a mandatory minimum
fine of $1,750. 
18
The imprisonment or assignment of community service under this

19
subsection (c-7) is not subject to suspension, nor is the 
20
person
eligible for a reduced sentence.

21
    (c-8) Any person convicted of violating subsection (c-6) or 
22
a similar
provision within 5 years of a previous violation of 
23
subsection (a) or a similar
provision shall receive, in 
24
addition to any other penalty imposed, an
additional 80 hours 
25
of mandatory community service in a program benefiting

26
children, an additional mandatory minimum 12 days of 
 


 






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

4
person eligible for a reduced sentence.

5
    (c-9) Any person convicted a third time for violating 
6
subsection (a) or a
similar provision, if at the time of the 
7
third violation the person was
transporting a person under the 
8
age of 16, is guilty of a Class 2 felony and shall
receive, in 
9
addition to any other
penalty imposed, an additional mandatory 
10
fine of $1,000, an additional
mandatory 140 hours of community 
11
service, which shall include 40 hours in a
program benefiting 
12
children, and a mandatory minimum 30 days of imprisonment.
The 
13
imprisonment or assignment of community service under this 
14
subsection (c-9)
is not subject to suspension, nor is the 
15
person eligible for a reduced
sentence.

16
    (c-10) Any person convicted of violating subsection (c-9) 
17
or a similar
provision a third time within 20 years of a 
18
previous violation of subsection
(a) or a
similar provision is 
19
guilty of a Class 2 felony and shall receive, in addition
to 
20
any other penalty imposed, an additional mandatory 40 hours of 
21
community
service in a program benefiting children, an 
22
additional mandatory fine of

$3,000, and a mandatory minimum 
23
120 days of imprisonment. The imprisonment or
assignment of 
24
community service under this subsection (c-10) is not subject 
25
to
suspension, nor is the person eligible for a reduced 
26
sentence.

 


 






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1
    (c-11) Any person convicted a fourth time for violating

2
subsection (a) or a similar provision, if at the time of the 
3
fourth violation the person was transporting a person under the 
4
age of 16,
and if the person's 3 prior violations of subsection 
5
(a) or a similar provision
occurred while transporting a person 
6
under the age of 16 or while the alcohol
concentration in his 
7
or her blood, breath, or urine was 0.16 or more based
on the 
8
definition of blood, breath, or urine units in Section 
9
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
10
probation or conditional
discharge, and is subject to a minimum 
11
fine of $3,000.

12
    (c-12) Any person convicted of a first violation of 
13
subsection (a) or a
similar provision, if the alcohol 
14
concentration in his or her blood, breath, or
urine was 0.16 or 
15
more based on the definition of blood, breath, or urine
units 
16
in Section 11-501.2, shall be subject, in addition to any other 
17
penalty
that may be imposed, to a mandatory minimum of 100 
18
hours of community service
and a mandatory minimum fine of 
19
$500.

20
    (c-13) Any person convicted of a second violation of 
21
subsection (a) or a similar provision committed within 10 years 
22
of a previous violation of subsection (a) or a similar 
23
provision committed within 10 years of a previous violation of 
24
subsection (a) or a similar provision, if at the time of the 
25
second violation of subsection (a) the
alcohol concentration in 
26
his or her blood, breath, or urine was 0.16 or more
based on 
 


 






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

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

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

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

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

 


 






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1
probation or conditional discharge and is subject to a minimum 
2
fine of
$2,500.


3
    (d) (1) Every person convicted of committing a violation of 
4
    this Section
shall be guilty of aggravated driving under 
5
    the influence of alcohol,
other drug or drugs, or 
6
    intoxicating compound or compounds, or any combination

7
    thereof if:


8
            (A) the person committed a violation of subsection 
9
        (a) or a similar
provision for the
third or subsequent 
10
        time;


11
            (B) the person committed a violation of subsection 
12
        (a)
while
driving a school bus with persons 18 years of 
13
        age or younger

on board;


14
            (C) the person in committing a violation of 
15
        subsection
(a) was
involved in a motor vehicle accident 
16
        that resulted in great bodily harm or
permanent 
17
        disability or disfigurement to another, when the 
18
        violation was
a proximate cause of the injuries;


19
            (D) the person committed a violation of subsection 
20
        (a)
for a
second time and has been previously convicted 
21
        of violating Section 9-3 of the
Criminal Code of 1961 
22
        or a similar provision of a law of another state 
23
        relating to reckless homicide in which the person was

24
        determined to have been under the influence of alcohol, 
25
        other drug or
drugs, or intoxicating compound or 
26
        compounds as an element of the offense or
the person 
 


 






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1
        has previously been convicted
under subparagraph (C) 
2
        or subparagraph (F) of this paragraph (1);


3
            (E) the person, in committing a violation of 
4
        subsection (a) while
driving at any speed in a school 
5
        speed zone at a time when a speed limit of
20 miles per 
6
        hour was in effect under subsection (a) of Section 
7
        11-605 of
this Code, was involved in a motor vehicle 
8
        accident that resulted in bodily
harm, other than great 
9
        bodily harm or permanent disability or disfigurement,

10
        to another person, when the violation of subsection (a) 
11
        was a
proximate cause
of the bodily harm; or


12
            (F) the person, in committing a violation of 
13
        subsection (a), was
involved in a motor vehicle, 
14
        snowmobile, all-terrain vehicle, or watercraft

15
        accident that resulted in
the death of another person, 
16
        when the violation of subsection
(a) was
a proximate 
17
        cause of the death.


18
        (2) Except as provided in this paragraph (2) and in 
19
    paragraphs (3) and (4) of subsection (c-1), a person 
20
    convicted of
aggravated driving under
the
influence of 
21
    alcohol, other drug or
drugs,
or intoxicating compound or 
22
    compounds, or any
combination thereof is guilty of a Class 
23
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
24
    (1) of this subsection (d), the defendant, if sentenced to 
25
    a term
of imprisonment, shall be sentenced
to not less than

26
    one year nor more than 12 years.
Except as provided in 
 


 






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1
    paragraph (4) of subsection (c-1), aggravated driving 
2
    under the influence of alcohol, other drug, or drugs, 
3
    intoxicating compounds or compounds, or any combination 
4
    thereof as defined in subparagraph (A) of paragraph (1) of 
5
    this subsection (d) is a Class 2 felony. Aggravated driving 
6
    under the influence of alcohol, other drug or drugs,
or 
7
    intoxicating compound or compounds, or any combination 
8
    thereof as
defined in subparagraph (F) of paragraph (1) of 
9
    this subsection (d) is
a Class 2 felony, for which the 
10
    defendant, if sentenced to a term of
imprisonment, shall be 
11
    sentenced to: (A) a
term of imprisonment of not less than 3 
12
    years and not more
than 14 years if the violation resulted 
13
    in the death of one person; or
(B) a term of imprisonment 
14
    of not less than 6 years and not
more than 28 years if the 
15
    violation resulted in the deaths of 2 or more
persons.
For 
16
    any prosecution under this subsection
(d), a certified copy 
17
    of the
driving abstract of the defendant shall be admitted 
18
    as proof of any prior
conviction.
Any person sentenced 
19
    under this subsection (d) who receives a term of
probation

20
    or conditional discharge must serve a minimum term of 
21
    either 480 hours of
community service or 10 days of 
22
    imprisonment as a condition of the probation or
conditional 
23
    discharge. This mandatory minimum term of imprisonment or

24
    assignment of community service may not be suspended or 
25
    reduced by the court.


26
    (e) After a finding of guilt and prior to any final 
 


 






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1
sentencing, or an
order for supervision, for an offense based 
2
upon an arrest for a
violation of this Section or a similar 
3
provision of a local ordinance,
individuals shall be required 
4
to undergo a professional evaluation to
determine if an 
5
alcohol, drug, or intoxicating compound abuse problem exists

6
and the
extent of the problem, and undergo the imposition of 
7
treatment as appropriate.
Programs conducting these 
8
evaluations shall be
licensed by the Department of Human 
9
Services.  The cost of any professional
evaluation shall be paid 
10
for by the
individual
required to undergo the professional 
11
evaluation.


12
    (e-1) Any person who is found guilty of or pleads guilty to 
13
violating this
Section, including any person receiving a 
14
disposition of court supervision for
violating this Section, 
15
may be required by the Court to attend a victim
impact panel 
16
offered by, or under contract with, a County State's Attorney's

17
office, a probation and court services department, Mothers 
18
Against Drunk
Driving,
or the Alliance Against Intoxicated 
19
Motorists.
All costs generated by
the victim impact panel shall 
20
be paid from fees collected from the
offender or as may be 
21
determined by the court.


22
    (f) Every person found guilty of violating this Section, 
23
whose
operation of a motor vehicle while in violation of this 
24
Section proximately
caused any incident resulting in an 
25
appropriate emergency response, shall
be liable for the expense 
26
of an emergency response as provided in subsection (m) of this 
 


 






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1
Section
under
Section 5-5-3 of the Unified Code of Corrections.


2
    (g) The Secretary of State shall revoke the driving 
3
privileges of any
person convicted under this Section or a 
4
similar provision of a local
ordinance.


5
    (h) (Blank).



6
    (i) The Secretary of State shall require the use of 
7
ignition interlock
devices on all vehicles owned by an 
8
individual who has been convicted of a
second
or subsequent 
9
offense of this Section or a similar provision of a local

10
ordinance.  The Secretary shall establish by rule and regulation 
11
the procedures
for certification and use of the interlock 
12
system.


13
    (j) In addition to any other penalties and liabilities, a 
14
person who is
found guilty of or pleads guilty to violating 
15
subsection (a), including any
person placed on court 
16
supervision for violating subsection (a), shall be fined
$500, 
17
payable to the
circuit clerk, who shall distribute the money as 
18
follows: 20% to the law enforcement agency
that made the arrest 
19
and 80% shall be forwarded to the State Treasurer for deposit 
20
into the General Revenue Fund.  If the person has been 
21
previously convicted of violating
subsection (a) or a similar 
22
provision of a local
ordinance, the fine shall be
$1,000.  In 
23
the event that more than one agency is responsible
for the 
24
arrest, the amount payable to law enforcement agencies  shall be 
25
shared equally.  Any moneys received
by a law
enforcement agency 
26
under this subsection (j) shall be used for enforcement and 
 


 






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1
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. Equipment and commodities 
12
shall include, but are not limited
to, in-car video cameras, 
13
radar and laser speed detection devices, and alcohol
breath 
14
testers.
Any moneys received by the Department of State Police 
15
under this subsection
(j) shall be deposited into the State 
16
Police DUI Fund and shall be used for enforcement and 
17
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 that will assist in the prevention of
alcohol 
22
related 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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1
and liquor store sting operations.


2
    (k) The Secretary of State Police DUI Fund is created as a 
3
special
fund in the State treasury. All moneys received by the 
4
Secretary of State
Police under subsection (j) of this Section 
5
shall be deposited into the
Secretary of State Police DUI Fund 
6
and, subject to appropriation, shall be
used for enforcement 
7
and 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 to assist in the prevention of
alcohol related 
12
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.


18
    (l) Whenever an individual is sentenced for an offense 
19
based upon an
arrest for a violation of subsection (a) or a 
20
similar provision of a local
ordinance, and the professional 
21
evaluation recommends remedial or
rehabilitative treatment or 
22
education, neither the treatment nor the education
shall be the 
23
sole disposition and either or both may be imposed only in

24
conjunction with another disposition. The court shall monitor 
25
compliance with
any remedial education or treatment 
26
recommendations contained in the
professional evaluation. 
 


 






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

9
    (m) In addition to any other fine or penalty required by 
10
law, an individual
convicted of a violation of subsection (a), 
11
Section 5-7 of the Snowmobile
Registration and Safety Act, 
12
Section 5-16 of the Boat Registration and Safety
Act, or a 
13
similar provision, whose operation of a motor vehicle, 
14
snowmobile, or
watercraft while in
violation of subsection (a), 
15
Section 5-7 of the Snowmobile Registration and
Safety Act, 
16
Section 5-16 of the Boat Registration and Safety Act, or a 
17
similar
provision proximately caused an incident resulting in 
18
an appropriate emergency
response, shall be required to make 
19
restitution to a public agency for the
costs of that emergency 
20
response. The restitution may not exceed $1,000 per
public 
21
agency for each emergency response. As used in this subsection 
22
(m),
"emergency response" means any incident requiring a 
23
response by a police
officer, a firefighter carried on the 
24
rolls of a regularly constituted fire
department, or an 
25
ambulance.


26
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
 


 






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1
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
2
93-840, eff. 7-30-04; 94-116, eff. 1-1-06; 94-963, eff. 
3
6-28-06.)

 
4
    (Text of Section from P.A. 94-329 and 94-963)
5
    Sec. 11-501. Driving while under the influence of alcohol, 
6
other drug or
drugs, intoxicating compound or compounds or any 
7
combination thereof.


8
    (a) A person shall not drive or be in actual
physical 
9
control of any vehicle within this State while:


10
        (1) the alcohol concentration in the person's blood or 
11
    breath is 0.08
or more based on the definition of blood and 
12
    breath units in Section 11-501.2;


13
        (2) under the influence of alcohol;


14
        (3) under the influence of any intoxicating compound or 
15
    combination of
intoxicating compounds to a degree that 
16
    renders the person incapable of
driving safely;


17
        (4) under the influence of any other drug or 
18
    combination of drugs to a
degree that renders the person 
19
    incapable of safely driving;


20
        (5) under the combined influence of alcohol, other drug 
21
    or drugs, or
intoxicating compound or compounds to a degree 
22
    that renders the person
incapable of safely driving; or


23
        (6) there is any amount of a drug, substance, or 
24
    compound in the
person's breath, blood, or urine resulting 
25
    from the unlawful use or consumption
of cannabis listed in 
 


 






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1
    the Cannabis Control Act, a controlled substance listed
in 
2
    the Illinois Controlled Substances Act, or an intoxicating 
3
    compound listed
in the Use of Intoxicating Compounds Act.


4
    (b) The fact that any person charged with violating this 
5
Section is or
has been legally entitled to use alcohol, other 
6
drug or drugs, or
intoxicating compound or compounds, or any

7
combination thereof,  shall not constitute a defense against any 
8
charge of
violating this Section.


9
    (b-1) With regard to penalties imposed under this Section:

10
        (1) Any reference to a prior violation of subsection 
11
    (a) or a similar
provision includes any violation of a 
12
    provision of a local ordinance or a
provision of a law of 
13
    another state that is similar to a violation of
subsection 
14
    (a) of this Section.

15
        (2) Any penalty imposed for driving with a license that 
16
    has been revoked
for a previous violation of subsection (a) 
17
    of this Section shall be in
addition to the penalty imposed 
18
    for any subsequent violation of subsection (a).

19
    (b-2) Except as otherwise provided in this Section, any 
20
person convicted of
violating subsection (a) of this Section is 
21
guilty of a Class A misdemeanor.

22
    (b-3) In addition to any other criminal or administrative 
23
sanction for any
second conviction of violating subsection (a) 
24
or a similar provision committed
within 5 years of a previous 
25
violation of subsection (a) or a similar
provision, the 
26
defendant shall be sentenced to a mandatory minimum of 5 days 
 


 






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1
of
imprisonment or assigned a mandatory minimum of 240 hours of 
2
community service
as may be determined by the court.

3
    (b-4) In the case of a third or subsequent violation 
4
committed within 5
years of a previous violation of subsection 
5
(a) or a similar provision, in
addition to any other criminal 
6
or administrative sanction, a mandatory minimum
term of either 
7
10 days of imprisonment or 480 hours of community service shall

8
be imposed.

9
    (b-5) The imprisonment or assignment of community service 
10
under subsections
(b-3) and (b-4) shall not be subject to 
11
suspension, nor shall the person be
eligible for a reduced 
12
sentence.


13
    (c) (Blank).



14
    (c-1) (1) A person who violates subsection (a)

during
a 
15
    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 
20
    aggravated driving under the influence of alcohol, other 
21
    drug or drugs, intoxicating compound or compounds, or any 
22
    combination thereof and is guilty of a
Class 4 felony.


23
        (2) A person who violates subsection (a) a third
time, 
24
    if the third violation occurs during a period in
which his 
25
    or her driving privileges are revoked or suspended where 
26
    the
revocation
or suspension was for a violation of 
 


 






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

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

19
    minimum of 10 days of imprisonment or shall be assigned a 
20
    mandatory minimum of
480 hours of community service, as may 
21
    be determined by the court, as a
condition of the probation 
22
    or conditional discharge. This mandatory minimum
term of 
23
    imprisonment or assignment of community service shall not 
24
    be suspended
or 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 
 


 






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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, is guilty of aggravated driving 
4
    under the influence of alcohol, other drug or drugs, 
5
    intoxicating compound or compounds, or any combination 
6
    thereof and shall also be sentenced to an additional

7
    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
    subsequent time, if the fourth or subsequent violation 
15
    occurs
during a period in which his
or her driving 
16
    privileges are revoked or suspended where the revocation
or 
17
    suspension was for a violation of subsection (a),
Section 
18
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
19
    homicide as defined in
Section 9-3
of
the Criminal Code of 
20
    1961, is guilty of aggravated driving under the influence 
21
    of alcohol, other drug or drugs, intoxicating compound or 
22
    compounds, or any combination thereof and is guilty of
a 
23
    Class 2 felony, and is not eligible for a sentence of 
24
    probation or
conditional discharge.


25
    (c-2) (Blank).


26
    (c-3) (Blank).



 


 






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1
    (c-4) (Blank).

2
    (c-5) A person who violates subsection (a), if the person 
3
was transporting
a person under the age of 16 at the time of 
4
the violation, is subject to an
additional mandatory minimum 
5
fine of $1,000, an additional mandatory minimum
140 hours of 
6
community service, which shall include 40 hours of community

7
service in a program benefiting children, and an additional 2 
8
days of
imprisonment. The imprisonment or assignment of 
9
community service under this
subsection (c-5) is not subject to 
10
suspension, nor is the person eligible for
a reduced sentence.

11
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
12
person who
violates
subsection (a) a second time, if at the 
13
time of
the second violation the person was transporting a 
14
person under the age of 16,
is subject to an additional 10 days 
15
of imprisonment, an additional mandatory
minimum fine of 
16
$1,000, and an additional mandatory minimum 140 hours of

17
community service, which shall include 40 hours of community 
18
service in a
program benefiting children.
The imprisonment or 
19
assignment of community service under this subsection (c-6)
is 
20
not subject to suspension, nor is the person eligible for a 
21
reduced
sentence.

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 
 


 






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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.

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.

16
    (c-9) Any person convicted a third time for violating 
17
subsection (a) or a
similar provision, if at the time of the 
18
third violation the person was
transporting a person under the 
19
age of 16, is guilty of a Class 4 felony and shall
receive, in 
20
addition to any other
penalty imposed, an additional mandatory 
21
fine of $1,000, an additional
mandatory 140 hours of community 
22
service, which shall include 40 hours in a
program benefiting 
23
children, and a mandatory minimum 30 days of imprisonment.
The 
24
imprisonment or assignment of community service under this 
25
subsection (c-9)
is not subject to suspension, nor is the 
26
person eligible for a reduced
sentence.

 


 






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1
    (c-10) Any person convicted of violating subsection (c-9) 
2
or a similar
provision a third time within 20 years of a 
3
previous violation of subsection
(a) or a
similar provision is 
4
guilty of a Class 4 felony and shall receive, in addition
to 
5
any other penalty imposed, an additional mandatory 40 hours of 
6
community
service in a program benefiting children, an 
7
additional mandatory fine of

$3,000, and a mandatory minimum 
8
120 days of imprisonment. The imprisonment or
assignment of 
9
community service under this subsection (c-10) is not subject 
10
to
suspension, nor is the person eligible for a reduced 
11
sentence.

12
    (c-11) Any person convicted a fourth or subsequent time for 
13
violating
subsection (a) or a similar provision, if at the time 
14
of the fourth or
subsequent violation the person was 
15
transporting a person under the age of 16,
and if the person's 
16
3 prior violations of subsection (a) or a similar provision

17
occurred while transporting a person under the age of 16 or 
18
while the alcohol
concentration in his or her blood, breath, or 
19
urine was 0.16 or more based
on the definition of blood, 
20
breath, or urine units in Section 11-501.2, is
guilty of a 
21
Class 2 felony, is not eligible for probation or conditional

22
discharge, and is subject to a minimum fine of $3,000.

23
    (c-12) Any person convicted of a first violation of 
24
subsection (a) or a
similar provision, if the alcohol 
25
concentration in his or her blood, breath, or
urine was 0.16 or 
26
more based on the definition of blood, breath, or urine
units 
 


 






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1
in Section 11-501.2, shall be subject, in addition to any other 
2
penalty
that may be imposed, to a mandatory minimum of 100 
3
hours of community service
and a mandatory minimum fine of 
4
$500.

5
    (c-13) Any person convicted of a second violation of 
6
subsection (a) or a similar provision committed within 10 years 
7
of a previous violation of subsection (a) or a similar 
8
provision committed within 10 years of a previous violation of 
9
subsection (a) or a similar provision, if at the time of the 
10
second violation of subsection (a) the
alcohol concentration in 
11
his or her blood, breath, or urine was 0.16 or more
based on 
12
the definition of blood, breath, or urine units in Section 
13
11-501.2,
shall be
subject, in addition to any other penalty 
14
that may be imposed, to a mandatory
minimum of 2 days of 
15
imprisonment and a mandatory minimum fine of $1,250.

16
    (c-14) Any person convicted of a third violation of 
17
subsection (a) or a
similar provision within 20 years of a 
18
previous violation of subsection (a) or
a
similar provision, if 
19
at the time of the third violation of subsection (a) or a

20
similar provision the alcohol concentration in his or her 
21
blood, breath, or
urine was 0.16 or more based on the 
22
definition of blood, breath, or urine units
in Section 
23
11-501.2, is guilty of a Class 4 felony and shall be subject, 
24
in
addition to any other penalty that may be imposed, to a 
25
mandatory minimum of
90 days of imprisonment and a mandatory 
26
minimum fine of $2,500.

 


 






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1
    (c-15) Any person convicted of a fourth or subsequent 
2
violation of
subsection
(a) or a similar provision, if at the 
3
time of the fourth or subsequent
violation the alcohol 
4
concentration in his or her blood, breath, or urine was
0.16 or 
5
more based on the definition of blood, breath, or urine units 
6
in
Section 11-501.2, and if the person's 3 prior violations of 
7
subsection (a) or a
similar provision occurred while 
8
transporting a person under the age of 16 or
while the alcohol 
9
concentration in his or her blood, breath, or urine was 0.16
or 
10
more based on the definition of blood, breath, or urine units 
11
in Section
11-501.2, is guilty of a Class 2 felony and is not 
12
eligible for a sentence of
probation or conditional discharge 
13
and is subject to a minimum fine of
$2,500.


14
    (d) (1) Every person convicted of committing a violation of 
15
    this Section
shall be guilty of aggravated driving under 
16
    the influence of alcohol,
other drug or drugs, or 
17
    intoxicating compound or compounds, or any combination

18
    thereof if:


19
            (A) the person committed a violation of subsection 
20
        (a) or a similar
provision for the
third or subsequent 
21
        time;


22
            (B) the person committed a violation of subsection 
23
        (a)
while
driving a school bus with persons 18 years of 
24
        age or younger

on board;


25
            (C) the person in committing a violation of 
26
        subsection
(a) was
involved in a motor vehicle accident 
 


 






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1
        that resulted in great bodily harm or
permanent 
2
        disability or disfigurement to another, when the 
3
        violation was
a proximate cause of the injuries;


4
            (D) the person committed a violation of subsection 
5
        (a)
for a
second time and has been previously convicted 
6
        of violating Section 9-3 of the
Criminal Code of 1961 
7
        or a similar provision of a law of another state 
8
        relating to reckless homicide in which the person was

9
        determined to have been under the influence of alcohol, 
10
        other drug or
drugs, or intoxicating compound or 
11
        compounds as an element of the offense or
the person 
12
        has previously been convicted
under subparagraph (C) 
13
        or subparagraph (F) of this paragraph (1);


14
            (E) the person, in committing a violation of 
15
        subsection (a) while
driving at any speed in a school 
16
        speed zone at a time when a speed limit of
20 miles per 
17
        hour was in effect under subsection (a) of Section 
18
        11-605 of
this Code, was involved in a motor vehicle 
19
        accident that resulted in bodily
harm, other than great 
20
        bodily harm or permanent disability or disfigurement,

21
        to another person, when the violation of subsection (a) 
22
        was a
proximate cause
of the bodily harm; or


23
            (F) the person, in committing a violation of 
24
        subsection (a), was
involved in a motor vehicle, 
25
        snowmobile, all-terrain vehicle, or watercraft

26
        accident that resulted in
the death of another person, 
 


 






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


3
            (G) the person committed the violation while he or 
4
        she did not possess a driver's license or permit or a 
5
        restricted driving permit or a judicial driving 
6
        permit; or

7
            (H) the person committed the violation while he or 
8
        she knew or should have known that the vehicle he or 
9
        she was driving was not covered by a liability 
10
        insurance policy.

11
        (2) Except as provided in this paragraph (2) and in 
12
    paragraphs (2), (2.1), and (3) of subsection (c-1), a 
13
    person convicted of
aggravated driving under
the
influence 
14
    of alcohol, other drug or
drugs,
or intoxicating compound 
15
    or compounds, or any
combination thereof is guilty of a 
16
    Class 4 felony.  For a violation of
subparagraph (C)
of

17
    paragraph (1) of this subsection (d), the defendant, if 
18
    sentenced to a term
of imprisonment, shall be sentenced
to 
19
    not less than
one year nor more than 12 years.
Aggravated 
20
    driving under the influence of alcohol, other drug or 
21
    drugs,
or intoxicating compound or compounds, or any 
22
    combination thereof as
defined in subparagraph (F) of 
23
    paragraph (1) of this subsection (d) is
a Class 2 felony, 
24
    for which the defendant, if sentenced to a term of

25
    imprisonment, shall be sentenced to: (A) a
term of 
26
    imprisonment of not less than 3 years and not more
than 14 
 


 






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

7
    conviction.
Any person sentenced under this subsection (d) 
8
    who receives a term of
probation
or conditional discharge 
9
    must serve a minimum term of either 480 hours of
community 
10
    service or 10 days of imprisonment as a condition of the 
11
    probation or
conditional discharge. This mandatory minimum 
12
    term of imprisonment or
assignment of community service may 
13
    not be suspended or reduced by the court.


14
    (e) After a finding of guilt and prior to any final 
15
sentencing, or an
order for supervision, for an offense based 
16
upon an arrest for a
violation of this Section or a similar 
17
provision of a local ordinance,
individuals shall be required 
18
to undergo a professional evaluation to
determine if an 
19
alcohol, drug, or intoxicating compound abuse problem exists

20
and the
extent of the problem, and undergo the imposition of 
21
treatment as appropriate.
Programs conducting these 
22
evaluations shall be
licensed by the Department of Human 
23
Services.  The cost of any professional
evaluation shall be paid 
24
for by the
individual
required to undergo the professional 
25
evaluation.


26
    (e-1) Any person who is found guilty of or pleads guilty to 
 


 






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1
violating this
Section, including any person receiving a 
2
disposition of court supervision for
violating this Section, 
3
may be required by the Court to attend a victim
impact panel 
4
offered by, or under contract with, a County State's Attorney's

5
office, a probation and court services department, Mothers 
6
Against Drunk
Driving,
or the Alliance Against Intoxicated 
7
Motorists.
All costs generated by
the victim impact panel shall 
8
be paid from fees collected from the
offender or as may be 
9
determined by the court.


10
    (f) Every person found guilty of violating this Section, 
11
whose
operation of a motor vehicle while in violation of this 
12
Section proximately
caused any incident resulting in an 
13
appropriate emergency response, shall
be liable for the expense 
14
of an emergency response as provided in subsection (m) of this 
15
Section
under
Section 5-5-3 of the Unified Code of Corrections.


16
    (g) The Secretary of State shall revoke the driving 
17
privileges of any
person convicted under this Section or a 
18
similar provision of a local
ordinance.


19
    (h) (Blank).



20
    (i) The Secretary of State shall require the use of 
21
ignition interlock
devices on all vehicles owned by an 
22
individual who has been convicted of a
second
or subsequent 
23
offense of this Section or a similar provision of a local

24
ordinance.  The Secretary shall establish by rule and regulation 
25
the procedures
for certification and use of the interlock 
26
system.


 


 






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1
    (j) In addition to any other penalties and liabilities, a 
2
person who is
found guilty of or pleads guilty to violating 
3
subsection (a), including any
person placed on court 
4
supervision for violating subsection (a), shall be fined
$500, 
5
payable to the
circuit clerk, who shall distribute the money as 
6
follows: 20% to the law enforcement agency
that made the arrest 
7
and 80% shall be forwarded to the State Treasurer for deposit 
8
into the General Revenue Fund.  If the person has been 
9
previously convicted of violating
subsection (a) or a similar 
10
provision of a local
ordinance, the fine shall be
$1,000.  In 
11
the event that more than one agency is responsible
for the 
12
arrest, the amount payable to law enforcement agencies  shall be 
13
shared equally.  Any moneys received
by a law
enforcement agency 
14
under this subsection (j) shall be used for enforcement and 
15
prevention of driving while under the influence of alcohol, 
16
other drug or drugs, intoxicating compound or compounds or any 
17
combination thereof, as defined by this Section, including but 
18
not limited to the purchase of law
enforcement equipment and 
19
commodities that will assist in the prevention of alcohol 
20
related
criminal violence throughout the State; police officer 
21
training and education in areas related to alcohol related 
22
crime, including but not limited to DUI training; and police 
23
officer salaries, including but not limited to salaries for 
24
hire back funding for safety checkpoints, saturation patrols, 
25
and liquor store sting operations. Equipment and commodities 
26
shall include, but are not limited
to, in-car video cameras, 
 


 






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1
radar and laser speed detection devices, and alcohol
breath 
2
testers.
Any moneys received by the Department of State Police 
3
under this subsection
(j) shall be deposited into the State 
4
Police DUI Fund and shall be used for enforcement and 
5
prevention of driving while under the influence of alcohol, 
6
other drug or drugs, intoxicating compound or compounds or any 
7
combination thereof, as defined by this Section, including but 
8
not limited to the

purchase of law enforcement equipment and 
9
commodities that will assist in the prevention of
alcohol 
10
related criminal violence throughout the State; police officer 
11
training and education in areas related to alcohol related 
12
crime, including but not limited to DUI training; and police 
13
officer salaries, including but not limited to salaries for 
14
hire back funding for safety checkpoints, saturation patrols, 
15
and liquor store sting operations.


16
    (k) The Secretary of State Police DUI Fund is created as a 
17
special
fund in the State treasury. All moneys received by the 
18
Secretary of State
Police under subsection (j) of this Section 
19
shall be deposited into the
Secretary of State Police DUI Fund 
20
and, subject to appropriation, shall be
used for enforcement 
21
and prevention of driving while under the influence of alcohol, 
22
other drug or drugs, intoxicating compound or compounds or any 
23
combination thereof, as defined by this Section, including but 
24
not limited to the purchase of law enforcement equipment and 
25
commodities to assist in the prevention of
alcohol related 
26
criminal violence throughout the State; police officer 
 


 






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1
training and education in areas related to alcohol related 
2
crime, including but not limited to DUI training; and police 
3
officer salaries, including but not limited to salaries for 
4
hire back funding for safety checkpoints, saturation patrols, 
5
and liquor store sting operations.


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

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

23
    (m) In addition to any other fine or penalty required by 
24
law, an individual
convicted of a violation of subsection (a), 
25
Section 5-7 of the Snowmobile
Registration and Safety Act, 
26
Section 5-16 of the Boat Registration and Safety
Act, or a 
 


 






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


14
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
15
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
16
93-840, eff. 7-30-04; 94-329, eff. 1-1-06; 94-963, eff. 
17
6-28-06.)

 
18
    Section 10. The Snowmobile Registration and Safety Act is 
19
amended  by changing Section 5-7 as follows:
 



20
    (625 ILCS 40/5-7)



21
    Sec. 5-7. Operating a snowmobile while under the influence 
22
of alcohol or
other drug or drugs, intoxicating compound or 
23
compounds, or a combination of
them; criminal penalties; 
24
suspension of operating privileges.

 


 






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1
    (a) A person may not operate or be in actual physical 
2
control of a
snowmobile within this State
while:


3
        1. The alcohol concentration in that person's blood or 
4
    breath is a
concentration at which driving a motor vehicle 
5
    is prohibited under
subdivision (1) of subsection (a) of

6
    Section 11-501 of the Illinois Vehicle Code;


7
        2. The person is under the influence of alcohol;


8
        3. The person is under the influence of any other drug 
9
    or combination of
drugs to a degree that renders that 
10
    person incapable of safely operating a
snowmobile;


11
        3.1. The person is under the influence of any 
12
    intoxicating compound or
combination of intoxicating 
13
    compounds to a degree that renders the person
incapable of 
14
    safely operating a snowmobile;


15
        4. The person is under the combined influence of 
16
    alcohol and any other
drug or drugs or intoxicating 
17
    compound or compounds to a degree that
renders that person 
18
    incapable of safely
operating a snowmobile; or


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

25
    (b) The fact that a person charged with violating this 
26
Section is or has
been legally entitled to use alcohol, other 
 


 






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1
drug or drugs, any
intoxicating
compound or compounds, or any 
2
combination of them does not constitute a
defense against a 
3
charge of violating this Section.

4
    (c) Every person convicted of violating this Section or a 
5
similar
provision of a local ordinance is guilty of a
Class A 
6
misdemeanor, except as otherwise provided in this Section.

7
    (c-1) As used in this Section, "first time offender" means 
8
any person who has not had a previous conviction or been 
9
assigned supervision for violating this Section or a similar 
10
provision of a local ordinance, or any person who has not had a 
11
suspension imposed under subsection (e) of Section 5-7.1.
12
    (c-2) For purposes of this Section, the following are 
13
equivalent to a conviction:
14
        (1) a forfeiture of bail or collateral deposited to 
15
    secure a defendant's appearance in court when forfeiture 
16
    has not been vacated; or
17
        (2) the failure of a defendant to appear for trial.

18
    (d) Every person convicted of violating this Section is 
19
guilty of a
Class 4 felony if:


20
        1. The person has a previous conviction under this 
21
    Section;


22
        2. The offense results in personal injury where a 
23
    person other than the
operator suffers great bodily harm or 
24
    permanent disability or disfigurement,
when the violation 
25
    was a proximate cause of the injuries.
A person guilty of a 
26
    Class 4 felony under this paragraph 2, if sentenced to a

 


 






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1
    term of imprisonment, shall be sentenced to not less than 
2
    one year nor more
than
12 years; or


3
        3. The offense occurred during a period in which the 
4
    person's privileges
to
operate a snowmobile are revoked or 
5
    suspended, and the revocation or
suspension was for a 
6
    violation of this Section or was imposed under Section

7
    5-7.1.

8
    (e) Every person convicted of violating this Section is 
9
guilty
of a
Class 2 felony if the offense results in the death 
10
of a person.
A person guilty of a Class 2 felony under this 
11
subsection (e), if sentenced
to
a term of imprisonment, shall 
12
be sentenced to a term of not less than 3 years
and not more 
13
than 14 years.

14
    (e-1) Every person convicted of violating this Section or a 
15
similar
provision of a local ordinance who had a child under 
16
the age of 16 on board the
snowmobile at the time of offense 
17
shall be subject to a mandatory minimum fine
of $500 and shall 
18
be subject to a mandatory minimum of 5 days of community

19
service in a program benefiting children. The assignment under 
20
this subsection
shall not be subject to suspension nor shall 
21
the person be eligible for
probation in order to reduce the 
22
assignment.

23
    (e-2) Every person found guilty of violating this Section, 
24
whose operation
of
a snowmobile while in violation of this 
25
Section proximately caused any incident
resulting in an 
26
appropriate emergency response, shall be liable for the expense

 


 






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1
of an emergency response as provided in subsection (m) of 
2
Section 11-501 of the Illinois Vehicle Code
under Section 5-5-3 
3
of the Unified Code of
Corrections.

4
    (e-3) In addition to any other penalties and liabilities, a 
5
person who is
found guilty of violating this Section, including 
6
any person placed on court
supervision, shall be fined $100, 
7
payable to the circuit clerk, who shall
distribute the money to 
8
the law enforcement agency that made the arrest. In the
event 
9
that more than one agency is responsible for the arrest, the 
10
$100
shall be shared equally. Any moneys received by a law 
11
enforcement agency under
this subsection (e-3) shall be used to 
12
purchase law enforcement equipment or to
provide law 
13
enforcement training that will assist in the prevention of 
14
alcohol
related criminal violence throughout the State. Law 
15
enforcement equipment shall
include, but is not limited to, 
16
in-car video cameras, radar and laser speed
detection devices, 
17
and alcohol breath testers.

18
    (f) In addition to any criminal penalties imposed, the

19
Department of Natural Resources shall suspend the
snowmobile 
20
operation privileges of
a person convicted or found guilty of a 
21
misdemeanor under this
Section for a period of one
year, except 
22
that first-time offenders are exempt from
this mandatory one 
23
year suspension.

24
    (g) In addition to any criminal penalties imposed, the 
25
Department of Natural
Resources shall suspend for a period of 5 
26
years the snowmobile operation
privileges of any person 
 


 






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1
convicted or found guilty of a felony under this
Section.

2
(Source: P.A. 93-156, eff. 1-1-04; 94-214, eff. 1-1-06.)

 
3
    Section 15. The Boat Registration and Safety Act is amended  
4
by changing Section 5-16 as follows:
 



5
    (625 ILCS 45/5-16)



6
    Sec. 5-16. Operating a watercraft under the influence of 
7
alcohol,
other drug or drugs, intoxicating compound or 
8
compounds, or combination
thereof.


9
    (A) 1. A person shall not operate or be in actual physical 
10
    control of
any
watercraft within this State while:


11
            (a) The alcohol concentration in such person's 
12
        blood or breath is a
concentration at which driving a 
13
        motor vehicle is prohibited under subdivision
(1) of 
14
        subsection (a) of
Section 11-501 of the Illinois 
15
        Vehicle Code;


16
            (b) Under the influence of alcohol;


17
            (c) Under the influence of any other drug or 
18
        combination of drugs to a
degree which renders such 
19
        person incapable of safely operating
any watercraft;


20
            (c-1) Under the influence of any intoxicating 
21
        compound or combination
of
intoxicating compounds to a 
22
        degree that renders the person incapable of safely

23
        operating
any watercraft;


24
            (d) Under the combined influence of alcohol and any 
 


 






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1
        other drug or
drugs to a degree which renders such 
2
        person incapable of safely operating
a watercraft; or


3
            (e) There is any amount of a drug, substance, or 
4
        compound in the
person's blood or urine resulting from 
5
        the unlawful use or consumption of
cannabis listed in 
6
        the Cannabis Control Act, a
controlled substance

7
        listed in the Illinois Controlled Substances Act, or an 
8
        intoxicating compound
listed in the Use of 
9
        Intoxicating Compounds Act.


10
        2. The fact that any person charged with violating this 
11
    Section is or
has been legally entitled to use alcohol, 
12
    other drug or drugs, any
intoxicating compound or 
13
    compounds, or any combination of
them, shall not constitute 
14
    a defense against any charge of
violating this
Section.


15
        3. Every person convicted of violating this Section 
16
    shall be guilty of a
Class A misdemeanor, except as 
17
    otherwise provided in this Section.


18
        4. Every person convicted of violating this Section 
19
    shall be guilty of a
Class 4 felony if:


20
            (a) He has a previous conviction under this 
21
        Section;


22
            (b) The offense results in personal injury where a 
23
        person other than the
operator suffers great bodily 
24
        harm or permanent disability or disfigurement,
when 
25
        the violation was a proximate cause of the injuries.  A 
26
        person guilty of a
Class 4 felony under this 
 


 






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1
        subparagraph (b), if sentenced
to a term of 
2
        imprisonment, shall be sentenced to a term of not less 
3
        than
one year nor more than 12 years; or


4
            (c) The offense occurred during a period in which 
5
        his or her
privileges
to
operate
a watercraft are 
6
        revoked or suspended, and the revocation or suspension 
7
        was for
a
violation of this Section or was imposed 
8
        under subsection (B).


9
        5. Every person convicted of violating this Section 
10
    shall be
guilty of a Class 2 felony if the offense results 
11
    in the death of a
person.
A person guilty of a Class 2 
12
    felony under this paragraph 5, if sentenced to a
term of 
13
    imprisonment, shall be sentenced to a term of not less than 
14
    3 years
and not more than 14 years.


15
        5.1. A person convicted of violating this Section or a 
16
    similar
provision
of a
local
ordinance who had a child 
17
    under the age of 16 aboard the watercraft at the
time of 
18
    offense is
subject to a mandatory minimum fine of $500 and 
19
    to a mandatory minimum of  5
days of
community service in a 
20
    program benefiting children.  The assignment under this

21
    paragraph 5.1 is
not subject to suspension and the person 
22
    is not eligible for probation in order
to reduce the

23
    assignment.


24
        5.2. A person found guilty of violating this Section, 
25
    if his or her
operation
of a watercraft
while in violation 
26
    of this Section proximately caused any incident resulting 
 


 






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1
    in
an appropriate
emergency response, is liable for the 
2
    expense of an emergency response as
provided in subsection 
3
    (m) of Section 11-501 of the Illinois Vehicle Code
under

4
    Section 5-5-3 of the Unified Code of Corrections.


5
        5.3. In addition to any other penalties and 
6
    liabilities, a person who is
found
guilty of
violating this 
7
    Section, including any person placed on court supervision,

8
    shall be fined $100,
payable to the circuit clerk, who 
9
    shall distribute the money to the law
enforcement agency 
10
    that
made the arrest.  In the event that more than one 
11
    agency is responsible for the
arrest, the $100
shall be 
12
    shared equally.  Any moneys received by a law enforcement 
13
    agency under
this
paragraph 5.3 shall be used to purchase 
14
    law enforcement equipment or to provide
law
enforcement 
15
    training that will assist in the prevention of alcohol 
16
    related
criminal violence
throughout the State.  Law 
17
    enforcement equipment shall include, but is not
limited to, 
18
    in-car
video cameras, radar and laser speed detection 
19
    devices, and alcohol breath
testers.


20
        6. (a) In addition to any criminal penalties imposed, 
21
        the Department of
Natural Resources shall suspend the 
22
        watercraft operation privileges of any
person

23
        convicted or found guilty of a misdemeanor under this 
24
        Section, a similar provision of a local ordinance, or 
25
        Title 46 of the U.S. Code of Federal Regulations for a 
26
        period
of one year, except that a first time offender 
 


 






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1
        is exempt from this mandatory
one year suspension.

2
            As used in this subdivision (A)6(a), "first time 
3
        offender" means any person who has not had a previous 
4
        conviction or been assigned supervision for violating 
5
        this Section, a similar provision of a local ordinance 
6
        or, Title 46 of the U.S. Code of  Federal Regulations, 
7
        or any person who has not had a suspension imposed 
8
        under subdivision (B)3.1 of Section 5-16.


9
            (b) In addition to any criminal penalties imposed, 
10
        the Department of
Natural Resources shall suspend the 
11
        watercraft operation privileges of any
person

12
        convicted of a felony under this Section, a similar 
13
        provision of a local ordinance, or Title 46 of the U.S. 
14
        Code of Federal Regulations for a period of 3 years.


15
    (B) 1. Any person who operates or is in actual physical 
16
    control of any
watercraft upon the waters of this
State 
17
    shall be deemed to have given consent to a chemical test or 
18
    tests of
blood, breath or urine for the purpose of 
19
    determining the content of
alcohol, other
drug or drugs, 
20
    intoxicating compound or compounds, or combination thereof

21
    in the person's blood if arrested for
any offense of 
22
    subsection (A) above. The chemical test or tests shall be

23
    administered at
the direction of the arresting officer.
The 
24
    law enforcement agency employing the
officer shall 
25
    designate which of the tests shall be administered.  A
urine 
26
    test may be
administered even after a blood or breath test 
 


 






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1
    or both has been administered.


2
        1.1. For the purposes of this Section, an Illinois Law 
3
    Enforcement
officer of
this
State who is investigating the 
4
    person for any offense defined in Section 5-16
may travel

5
    into an adjoining state, where the person has been 
6
    transported for medical care
to
complete an investigation, 
7
    and may request that the person submit to the test
or
tests 
8
    set
forth in this Section.  The requirements of this Section 
9
    that the person be
arrested are
inapplicable, but the 
10
    officer shall issue the person a uniform citation for an

11
    offense as
defined in Section 5-16 or a similar provision 
12
    of a local ordinance prior to
requesting that
the person 
13
    submit to the test or tests.  The issuance of the uniform 
14
    citation
shall not
constitute an arrest, but shall be for 
15
    the purpose of notifying the person that
he or she is

16
    subject to the provisions of this Section and of the 
17
    officer's belief in the
existence of
probable cause to 
18
    arrest.  Upon returning to this State, the officer shall 
19
    file
the uniform
citation with the circuit clerk of the 
20
    county where the offense was committed
and shall
seek the 
21
    issuance of an arrest warrant or a summons for the person.


22
        1.2. Notwithstanding any ability to refuse under this 
23
    Act to submit to
these
tests
or any ability to revoke the 
24
    implied consent to these tests, if a law
enforcement 
25
    officer
has probable cause to believe that a watercraft 
26
    operated by or under actual
physical
control of a person 
 


 






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1
    under the influence of alcohol, other drug or drugs,

2
    intoxicating
compound or compounds, or any combination of 
3
    them has caused the death of or
personal
injury to another, 
4
    that person shall submit, upon the request of a law

5
    enforcement officer,
to a chemical test or tests of his or 
6
    her blood, breath, or urine for the
purpose of
determining 
7
    the alcohol content or the presence of any other drug, 
8
    intoxicating
compound, or
combination
of them.  For the 
9
    purposes of this Section, a personal injury includes severe

10
    bleeding
wounds, distorted extremities, and injuries that 
11
    require the injured party to
be carried
from the scene for 
12
    immediate professional attention in either a doctor's 
13
    office
or a
medical facility.


14
        2. Any person who is dead, unconscious or who is 
15
    otherwise in a condition
rendering such person incapable of 
16
    refusal, shall be deemed not to have
withdrawn the consent 
17
    provided above, and the test may be administered.


18
        3. A person requested to submit to a chemical test as 
19
    provided above
shall be
verbally advised by the law 
20
    enforcement officer requesting the test that a
refusal to 
21
    submit to the test will result in suspension of such 
22
    person's
privilege to operate a watercraft for a minimum of 
23
    2 years. Following this
warning, if a person
under arrest 
24
    refuses upon the request of a law enforcement officer to

25
    submit to a test designated by the officer, no test
shall 
26
    be given, but the law enforcement officer shall file with 
 


 






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1
    the clerk
of the circuit court for the county in which the 
2
    arrest was made, and with
the Department of Natural 
3
    Resources, a sworn
statement naming the person refusing to 
4
    take and complete the chemical test
or tests
requested 
5
    under the provisions of this Section.  Such sworn statement 
6
    shall
identify the arrested person, such person's current 
7
    residence address and
shall specify that a refusal by such 
8
    person to take the chemical test or
tests was
made.  Such 
9
    sworn statement shall include a statement that the 
10
    arresting
officer had reasonable cause to believe the 
11
    person was operating or was in
actual physical control of 
12
    the
watercraft within this State while under the influence 
13
    of alcohol, other
drug or drugs, intoxicating compound or 
14
    compounds, or combination thereof
and that such
chemical 
15
    test or tests were made as an
incident to and following the 
16
    lawful arrest for an offense as defined in
this Section or 
17
    a similar provision of a local ordinance, and that the

18
    person after being arrested for an offense arising out of 
19
    acts alleged to
have been committed while so operating a 
20
    watercraft refused to submit to
and complete a chemical 
21
    test or tests as requested by the law enforcement
officer.


22
        3.1. The law enforcement officer submitting the sworn 
23
    statement as
provided in
paragraph 3 of this subsection (B) 
24
    shall serve immediate written notice upon
the
person 
25
    refusing the chemical test or tests that the person's 
26
    privilege to
operate a
watercraft within this State will be 
 


 






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1
    suspended for a period of 2 years unless,
within 28 days 
2
    from the date of the notice, the person requests in writing 
3
    a
hearing
on the suspension.


4
        If the person desires a hearing, such person
shall file 
5
    a complaint in the circuit court for and in the county in 
6
    which
such person was arrested for such hearing. Such 
7
    hearing shall proceed in
the court in the same manner as 
8
    other civil proceedings, shall cover only
the issues of 
9
    whether the person was placed under arrest for an offense 
10
    as
defined in this Section or a similar provision of a 
11
    local ordinance as
evidenced by the issuance of a uniform 
12
    citation; whether the arresting
officer had reasonable 
13
    grounds to believe that such person was operating a

14
    watercraft while under the influence of alcohol, other drug 
15
    or drugs,
intoxicating compound or compounds, or 
16
    combination
thereof; and whether such person refused to 
17
    submit and complete the
chemical test or
tests upon the 
18
    request of the law enforcement officer. Whether the person

19
    was informed that such person's privilege to operate a 
20
    watercraft would be
suspended if such person refused to 
21
    submit to the chemical test or tests
shall not be an
issue.


22
        If the person fails to request in writing a hearing 
23
    within 28 days from
the date of notice, or if a hearing is 
24
    held and the court finds against the
person on the issues 
25
    before the court, the
clerk shall immediately notify the 
26
    Department of Natural Resources, and the Department shall 
 


 






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1
    suspend the watercraft operation
privileges of the person 
2
    for at least 2 years.


3
        3.2. If the person submits to a test that discloses an 
4
    alcohol
concentration
of 0.08
or more, or any amount of a 
5
    drug, substance or intoxicating compound in the
person's

6
    breath, blood, or urine resulting from the unlawful use of 
7
    cannabis listed in
the Cannabis
Control Act, a controlled 
8
    substance listed in the Illinois Controlled
Substances 
9
    Act, or an
intoxicating compound listed in the Use of 
10
    Intoxicating Compounds Act, the law
enforcement officer 
11
    shall immediately submit a sworn report to the circuit

12
    clerk of venue
and the Department of Natural Resources, 
13
    certifying that the test or tests were
requested
under 
14
    paragraph 1 of this subsection (B) and the person submitted 
15
    to testing
that
disclosed an alcohol concentration of 0.08 
16
    or more.


17
        In cases where the blood alcohol concentration of 0.08 
18
    or greater or any
amount of
drug, substance or compound 
19
    resulting from the unlawful use of cannabis, a
controlled

20
    substance or an intoxicating compound is established by a 
21
    subsequent analysis
of blood
or urine collected at the time 
22
    of arrest, the arresting officer or arresting
agency shall

23
    immediately submit a sworn report to the circuit clerk of 
24
    venue and the
Department of
Natural Resources upon receipt 
25
    of the test results.


26
        4. A person must submit to each chemical test offered 
 


 






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1
    by the law
enforcement
officer
in order to comply with the 
2
    implied consent provisions of this Section.


3
        5. The provisions of Section 11-501.2 of the Illinois 
4
    Vehicle Code, as
amended, concerning the certification and 
5
    use of chemical tests apply to the
use of such tests under 
6
    this Section.

7
    (C) Upon the trial of any civil or criminal action or 
8
proceeding arising out
of acts alleged to have been committed 
9
by any person while operating a
watercraft while under the 
10
influence of alcohol, the concentration of alcohol
in the 
11
person's blood or breath at the time alleged as shown by 
12
analysis of a
person's blood, urine, breath, or other bodily 
13
substance shall give rise to the
presumptions specified in 
14
subdivisions 1, 2, and 3 of
subsection (b) of Section 11-501.2 
15
of the Illinois Vehicle Code. The foregoing
provisions of this 
16
subsection (C) shall not be
construed
as limiting the 
17
introduction of any other relevant evidence bearing upon the

18
question whether the person was under the influence of alcohol.

19
    (D) If a person under arrest refuses to submit to a 
20
chemical test under
the provisions of this Section, evidence of 
21
refusal shall be admissible in
any civil or criminal action or 
22
proceeding arising out of acts alleged to
have been committed 
23
while the person under the influence of alcohol,
other drug or 
24
drugs, intoxicating compound or compounds, or combination
of 
25
them was operating a watercraft.

26
    (E) The owner of any watercraft or any person given 
 


 






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1
supervisory
authority over a watercraft, may not knowingly 
2
permit a watercraft to be
operated by any person under the 
3
influence of alcohol, other drug or drugs,
intoxicating 
4
compound or compounds, or
combination thereof.

5
    (F) Whenever any person is convicted or found guilty of a 
6
violation of
this
Section, including any person placed on court 
7
supervision, the court shall
notify the Office of Law 
8
Enforcement of the
Department of Natural Resources, to provide 
9
the Department with the records
essential for the performance 
10
of the Department's duties to monitor and enforce
any order of 
11
suspension or revocation concerning the privilege to operate a

12
watercraft.

13
    (G) No person who has been arrested and charged for 
14
violating paragraph 1 of
subsection (A) of this Section shall 
15
operate any watercraft within this State
for a period of 24 
16
hours after such arrest.

17
(Source: P.A. 93-156, eff. 1-1-04; 94-214, eff. 1-1-06.)

 

18
    Section 99. Effective date. This Act takes effect upon 
19
becoming law.