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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 11-501 as follows: | ||||||
6 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||||||
7 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
8 | other drug or drugs, intoxicating compound or compounds or any | ||||||
9 | combination thereof.
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10 | (a) A person shall not drive or be in actual physical | ||||||
11 | control of any vehicle within this State while: | ||||||
12 | (1) the alcohol concentration in the person's blood, | ||||||
13 | other bodily substance, or breath is 0.08 or more based on | ||||||
14 | the definition of blood and breath units in Section | ||||||
15 | 11-501.2; | ||||||
16 | (2) under the influence of alcohol; | ||||||
17 | (3) under the influence of any intoxicating compound | ||||||
18 | or 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 |
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1 | drug or drugs, or intoxicating compound or compounds to a | ||||||
2 | degree that renders the person incapable of safely | ||||||
3 | driving; | ||||||
4 | (6) there is any amount of a drug, substance, or | ||||||
5 | compound in the person's breath, blood, other bodily | ||||||
6 | substance, or urine resulting from the unlawful use or | ||||||
7 | consumption of a controlled substance listed in the | ||||||
8 | Illinois Controlled Substances Act, an intoxicating | ||||||
9 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
10 | or methamphetamine as listed in the Methamphetamine | ||||||
11 | Control and Community Protection Act; or | ||||||
12 | (7) the person has, within 2 hours of driving or being | ||||||
13 | in actual physical control of a vehicle, a | ||||||
14 | tetrahydrocannabinol concentration in the person's whole | ||||||
15 | blood or other bodily substance as defined in paragraph 6 | ||||||
16 | of subsection (a) of Section 11-501.2 of this Code.
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17 | Subject to all other requirements and provisions under | ||||||
18 | this Section, this paragraph (7) does not apply to the | ||||||
19 | lawful consumption of cannabis by a qualifying patient | ||||||
20 | licensed under the Compassionate Use of Medical Cannabis | ||||||
21 | Program Act who is in possession of a valid registry card | ||||||
22 | issued under that Act, unless that person is impaired by | ||||||
23 | the use of cannabis. | ||||||
24 | (b) The fact that any person charged with violating this | ||||||
25 | Section is or has been legally entitled to use alcohol, | ||||||
26 | cannabis under the Compassionate Use of Medical Cannabis |
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1 | Program Act, other drug or drugs, or intoxicating compound or | ||||||
2 | compounds, or any combination thereof, shall not constitute a | ||||||
3 | defense against any charge of violating this Section. | ||||||
4 | (c) Penalties. | ||||||
5 | (1) Except as otherwise provided in this Section, any | ||||||
6 | person convicted of violating subsection (a) of this | ||||||
7 | Section is guilty of a Class A misdemeanor. | ||||||
8 | (2) A person who violates subsection (a) or a similar | ||||||
9 | provision a second time shall be sentenced to a mandatory | ||||||
10 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
11 | of community service in addition to any other criminal or | ||||||
12 | administrative sanction. | ||||||
13 | (3) A person who violates subsection (a) is subject to | ||||||
14 | 6 months of imprisonment, an additional mandatory minimum | ||||||
15 | fine of $1,000, and 25 days of community service in a | ||||||
16 | program benefiting children if the person was transporting | ||||||
17 | a person under the age of 16 at the time of the violation. | ||||||
18 | (4) A person who violates subsection (a) a first time, | ||||||
19 | if the alcohol concentration in his or her blood, breath, | ||||||
20 | other bodily substance, or urine was 0.16 or more based on | ||||||
21 | the definition of blood, breath, other bodily substance, | ||||||
22 | or urine units in Section 11-501.2, shall be subject, in | ||||||
23 | addition to any other penalty that may be imposed, to a | ||||||
24 | mandatory minimum of 100 hours of community service and a | ||||||
25 | mandatory minimum fine of $500. | ||||||
26 | (5) A person who violates subsection (a) a second |
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1 | time, if at the time of the second violation the alcohol | ||||||
2 | concentration in his or her blood, breath, other bodily | ||||||
3 | substance, or urine was 0.16 or more based on the | ||||||
4 | definition of blood, breath, other bodily substance, or | ||||||
5 | urine units in Section 11-501.2, shall be subject, in | ||||||
6 | addition to any other penalty that may be imposed, to a | ||||||
7 | mandatory minimum of 2 days of imprisonment and a | ||||||
8 | mandatory minimum fine of $1,250. | ||||||
9 | (d) Aggravated driving under the influence of alcohol, | ||||||
10 | other drug or drugs, or intoxicating compound or compounds, or | ||||||
11 | any combination thereof.
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12 | (1) Every person convicted of committing a violation | ||||||
13 | of this Section shall be guilty of aggravated driving | ||||||
14 | under the influence of alcohol, other drug or drugs, or | ||||||
15 | intoxicating compound or compounds, or any combination | ||||||
16 | thereof if: | ||||||
17 | (A) the person committed a violation of subsection | ||||||
18 | (a) or a similar provision for the third or subsequent | ||||||
19 | time; | ||||||
20 | (B) the person committed a violation of subsection | ||||||
21 | (a) while driving a school bus with one or more | ||||||
22 | passengers on board; | ||||||
23 | (C) the person in committing a violation of | ||||||
24 | subsection (a) was involved in a motor vehicle | ||||||
25 | accident that resulted in great bodily harm or | ||||||
26 | permanent disability or disfigurement to another, when |
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1 | the violation was a proximate cause of the injuries; | ||||||
2 | (D) the person committed a violation of subsection | ||||||
3 | (a) and has been previously convicted of violating | ||||||
4 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012 or a similar provision of a law | ||||||
6 | of another state relating to reckless homicide in | ||||||
7 | which the person was determined to have been under the | ||||||
8 | influence of alcohol, other drug or drugs, or | ||||||
9 | intoxicating compound or compounds as an element of | ||||||
10 | the offense or the person has previously been | ||||||
11 | convicted under subparagraph (C) or subparagraph (F) | ||||||
12 | of this paragraph (1); | ||||||
13 | (E) the person, in committing a violation of | ||||||
14 | subsection (a) while driving at any speed in a school | ||||||
15 | speed zone at a time when a speed limit of 20 miles per | ||||||
16 | hour was in effect under subsection (a) of Section | ||||||
17 | 11-605 of this Code, was involved in a motor vehicle | ||||||
18 | accident that resulted in bodily harm, other than | ||||||
19 | great bodily harm or permanent disability or | ||||||
20 | disfigurement, to another person, when the violation | ||||||
21 | of subsection (a) was a proximate cause of the bodily | ||||||
22 | harm; | ||||||
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 a violation of subsection | ||||||
4 | (a) during a period in which the defendant's driving | ||||||
5 | privileges are revoked or suspended, where the | ||||||
6 | revocation or suspension was for a violation of | ||||||
7 | subsection (a) or a similar provision, Section | ||||||
8 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
9 | reckless homicide as defined in Section 9-3 of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
11 | (H) the person committed the violation while he or | ||||||
12 | she did not possess a driver's license or permit or a | ||||||
13 | restricted driving permit or a judicial driving permit | ||||||
14 | or a monitoring device driving permit; | ||||||
15 | (I) the person committed the violation while he or | ||||||
16 | she knew or should have known that the vehicle he or | ||||||
17 | she was driving was not covered by a liability | ||||||
18 | insurance policy; | ||||||
19 | (J) the person in committing a violation of | ||||||
20 | subsection (a) was involved in a motor vehicle | ||||||
21 | accident that resulted in bodily harm, but not great | ||||||
22 | bodily harm, to the child under the age of 16 being | ||||||
23 | transported by the person, if the violation was the | ||||||
24 | proximate cause of the injury; | ||||||
25 | (K) the person in committing a second violation of | ||||||
26 | subsection (a) or a similar provision was transporting |
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1 | a person under the age of 16; or | ||||||
2 | (L) the person committed a violation of subsection | ||||||
3 | (a) of this Section while transporting one or more | ||||||
4 | passengers in a vehicle for-hire ; or . | ||||||
5 | (M) the person in committing a violation of | ||||||
6 | subsection (a) was involved in a motor vehicle | ||||||
7 | accident that resulted in the severe injury or death | ||||||
8 | of a police animal, service animal, accelerant | ||||||
9 | detection dog, or search and rescue dog. | ||||||
10 | (2)(A) Except as provided otherwise, a person | ||||||
11 | convicted of aggravated driving under the influence of | ||||||
12 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
13 | compounds, or any combination thereof is guilty of a Class | ||||||
14 | 4 felony. | ||||||
15 | (B) A third violation of this Section or a similar | ||||||
16 | provision is a Class 2 felony. If at the time of the third | ||||||
17 | violation the alcohol concentration in his or her blood, | ||||||
18 | breath, other bodily substance, or urine was 0.16 or more | ||||||
19 | based on the definition of blood, breath, other bodily | ||||||
20 | substance, or urine units in Section 11-501.2, a mandatory | ||||||
21 | minimum of 90 days of imprisonment and a mandatory minimum | ||||||
22 | fine of $2,500 shall be imposed in addition to any other | ||||||
23 | criminal or administrative sanction. If at the time of the | ||||||
24 | third violation, the defendant was transporting a person | ||||||
25 | under the age of 16, a mandatory fine of $25,000 and 25 | ||||||
26 | days of community service in a program benefiting children |
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1 | shall be imposed in addition to any other criminal or | ||||||
2 | administrative sanction. | ||||||
3 | (C) A fourth violation of this Section or a similar | ||||||
4 | provision is a Class 2 felony, for which a sentence of | ||||||
5 | probation or conditional discharge may not be imposed. If | ||||||
6 | at the time of the violation, the alcohol concentration in | ||||||
7 | the defendant's blood, breath, other bodily substance, or | ||||||
8 | urine was 0.16 or more based on the definition of blood, | ||||||
9 | breath, other bodily substance, or urine units in Section | ||||||
10 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
11 | imposed in addition to any other criminal or | ||||||
12 | administrative sanction. If at the time of the fourth | ||||||
13 | violation, the defendant was transporting a person under | ||||||
14 | the age of 16 a mandatory fine of $25,000 and 25 days of | ||||||
15 | community service in a program benefiting children shall | ||||||
16 | be imposed in addition to any other criminal or | ||||||
17 | administrative sanction. | ||||||
18 | (D) A fifth violation of this Section or a similar | ||||||
19 | provision is a Class 1 felony, for which a sentence of | ||||||
20 | probation or conditional discharge may not be imposed. If | ||||||
21 | at the time of the violation, the alcohol concentration in | ||||||
22 | the defendant's blood, breath, other bodily substance, or | ||||||
23 | urine was 0.16 or more based on the definition of blood, | ||||||
24 | breath, other bodily substance, or urine units in Section | ||||||
25 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
26 | imposed in addition to any other criminal or |
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1 | administrative sanction. If at the time of the fifth | ||||||
2 | violation, the defendant was transporting a person under | ||||||
3 | the age of 16, a mandatory fine of $25,000, and 25 days of | ||||||
4 | community service in a program benefiting children shall | ||||||
5 | be imposed in addition to any other criminal or | ||||||
6 | administrative sanction. | ||||||
7 | (E) A sixth or subsequent violation of this Section or | ||||||
8 | similar provision is a Class X felony. If at the time of | ||||||
9 | the violation, the alcohol concentration in the | ||||||
10 | defendant's blood, breath, other bodily substance, or | ||||||
11 | urine was 0.16 or more based on the definition of blood, | ||||||
12 | breath, other bodily substance, or urine units in Section | ||||||
13 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
14 | imposed in addition to any other criminal or | ||||||
15 | administrative sanction. If at the time of the violation, | ||||||
16 | the defendant was transporting a person under the age of | ||||||
17 | 16, a mandatory fine of $25,000 and 25 days of community | ||||||
18 | service in a program benefiting children shall be imposed | ||||||
19 | in addition to any other criminal or administrative | ||||||
20 | sanction. | ||||||
21 | (F) For a violation of subparagraph (C) of paragraph | ||||||
22 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
23 | a term of imprisonment, shall be sentenced to not less | ||||||
24 | than one year nor more than 12 years. | ||||||
25 | (G) A violation of subparagraph (F) of paragraph (1) | ||||||
26 | of this subsection (d) is a Class 2 felony, for which the |
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1 | defendant, unless the court determines that extraordinary | ||||||
2 | circumstances exist and require probation, shall be | ||||||
3 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
4 | years and not more than 14 years if the violation resulted | ||||||
5 | in the death of one person; or (ii) a term of imprisonment | ||||||
6 | of not less than 6 years and not more than 28 years if the | ||||||
7 | violation resulted in the deaths of 2 or more persons. | ||||||
8 | (H) For a violation of subparagraph (J) of paragraph | ||||||
9 | (1) of this subsection (d), a mandatory fine of $2,500, | ||||||
10 | and 25 days of community service in a program benefiting | ||||||
11 | children shall be imposed in addition to any other | ||||||
12 | criminal or administrative sanction. | ||||||
13 | (I) A violation of subparagraph (K) of paragraph (1) | ||||||
14 | of this subsection (d), is a Class 2 felony and a mandatory | ||||||
15 | fine of $2,500, and 25 days of community service in a | ||||||
16 | program benefiting children shall be imposed in addition | ||||||
17 | to any other criminal or administrative sanction. If the | ||||||
18 | child being transported suffered bodily harm, but not | ||||||
19 | great bodily harm, in a motor vehicle accident, and the | ||||||
20 | violation was the proximate cause of that injury, a | ||||||
21 | mandatory fine of $5,000 and 25 days of community service | ||||||
22 | in a program benefiting children shall be imposed in | ||||||
23 | addition to any other criminal or administrative sanction. | ||||||
24 | (J) A violation of subparagraph (D) of paragraph (1) | ||||||
25 | of this subsection (d) is a Class 3 felony, for which a | ||||||
26 | sentence of probation or conditional discharge may not be |
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1 | imposed. | ||||||
2 | (3) Any person sentenced under this subsection (d) who | ||||||
3 | receives a term of probation or conditional discharge must | ||||||
4 | serve a minimum term of either 480 hours of community | ||||||
5 | service or 10 days of imprisonment as a condition of the | ||||||
6 | probation or conditional discharge in addition to any | ||||||
7 | other criminal or administrative sanction. | ||||||
8 | (e) Any reference to a prior violation of subsection (a) | ||||||
9 | or a similar provision includes any violation of a provision | ||||||
10 | of a local ordinance or a provision of a law of another state | ||||||
11 | or an offense committed on a military installation that is | ||||||
12 | similar to a violation of subsection (a) of this Section. | ||||||
13 | (f) The imposition of a mandatory term of imprisonment or | ||||||
14 | assignment of community service for a violation of this | ||||||
15 | Section shall not be suspended or reduced by the court. | ||||||
16 | (g) Any penalty imposed for driving with a license that | ||||||
17 | has been revoked for a previous violation of subsection (a) of | ||||||
18 | this Section shall be in addition to the penalty imposed for | ||||||
19 | any subsequent violation of subsection (a). | ||||||
20 | (h) For any prosecution under this Section, a certified | ||||||
21 | copy of the driving abstract of the defendant shall be | ||||||
22 | admitted as proof of any prior conviction.
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23 | (Source: P.A. 101-363, eff. 8-9-19.)
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