093_HB0715enr

 
HB0715 Enrolled                      LRB093 05818 DRH 05911 b

 1        AN ACT concerning vehicles.

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

 4        Section  5.  The  State  Finance Act is amended by adding
 5    Section 5.595 as follows:

 6        (30 ILCS 105/5.595)
 7        Sec. 5.595.  The Secretary of State Police DUI Fund.

 8        Section 10.  The Illinois  Vehicle  Code  is  amended  by
 9    changing Section 11-501 as follows:

10        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
11        Sec.  11-501.   Driving  while  under  the  influence  of
12    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
13    compounds or any combination thereof.
14        (a)  A  person  shall  not drive or be in actual physical
15    control of any vehicle within this State while:
16             (1)  the alcohol concentration in the person's blood
17        or breath is 0.08 or more  based  on  the  definition  of
18        blood and breath units in Section 11-501.2;
19             (2)  under the influence of alcohol;
20             (3)  under   the   influence   of  any  intoxicating
21        compound or combination of intoxicating  compounds  to  a
22        degree  that  renders  the  person  incapable  of driving
23        safely;
24             (4)  under  the  influence  of  any  other  drug  or
25        combination of drugs to a degree that renders the  person
26        incapable of safely driving;
27             (5)  under  the combined influence of alcohol, other
28        drug or drugs, or intoxicating compound or compounds to a
29        degree  that  renders  the  person  incapable  of  safely
 
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 1        driving; or
 2             (6)  there is any amount of a  drug,  substance,  or
 3        compound   in   the  person's  breath,  blood,  or  urine
 4        resulting  from  the  unlawful  use  or  consumption   of
 5        cannabis listed in the Cannabis Control Act, a controlled
 6        substance  listed  in  the Illinois Controlled Substances
 7        Act, or an intoxicating compound listed  in  the  Use  of
 8        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
13    any charge of violating this Section.
14        (c)  Except  as  provided  under paragraphs (c-3), (c-4),
15    and (d) of this Section, every person convicted of  violating
16    this  Section  or  a  similar provision of a local ordinance,
17    shall be guilty of a Class A misdemeanor and, in addition  to
18    any  other  criminal or administrative action, for any second
19    conviction of violating this Section or a  similar  provision
20    of a law of another state or local ordinance committed within
21    5  years of a previous violation of this Section or a similar
22    provision of a local ordinance shall be mandatorily sentenced
23    to a minimum of 5 days  of  imprisonment  or  assigned  to  a
24    minimum  of 30 days of community service as may be determined
25    by the  court.  Every  person  convicted  of  violating  this
26    Section  or a similar provision of a local ordinance shall be
27    subject to an additional mandatory minimum fine of  $500  and
28    an  additional  mandatory  5  days  of community service in a
29    program  benefiting  children  if  the  person  committed   a
30    violation  of paragraph (a) or a similar provision of a local
31    ordinance while transporting a person under  age  16.   Every
32    person  convicted a second time for violating this Section or
33    a similar provision of a local ordinance within 5 years of  a
34    previous  violation of this Section or a similar provision of
 
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 1    a law of another state or local ordinance shall be subject to
 2    an  additional  mandatory  minimum  fine  of  $500   and   an
 3    additional  10  days  of  mandatory  community  service  in a
 4    program  benefiting  children  if  the  current  offense  was
 5    committed while transporting a  person  under  age  16.   The
 6    imprisonment or assignment under this subsection shall not be
 7    subject  to  suspension  nor shall the person be eligible for
 8    probation in order to reduce the sentence or assignment.
 9        (c-1) (1)  A person who violates this  Section  during  a
10        period in which his or her driving privileges are revoked
11        or  suspended, where the revocation or suspension was for
12        a violation of this Section, Section 11-501.1,  paragraph
13        (b)  of  Section  11-401,  or Section 9-3 of the Criminal
14        Code of 1961 is guilty of a Class 4 felony.
15             (2)  A person who violates this Section a third time
16        during a period in which his or  her  driving  privileges
17        are   revoked   or  suspended  where  the  revocation  or
18        suspension was for a violation of this  Section,  Section
19        11-501.1, paragraph (b) of Section 11-401, or Section 9-3
20        of  the  Criminal  Code  of  1961  is guilty of a Class 3
21        felony.
22             (3)  A person who violates this Section a fourth  or
23        subsequent  time  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 this
26        Section,  Section  11-501.1,  paragraph  (b)  of  Section
27        11-401, or Section 9-3 of the Criminal Code  of  1961  is
28        guilty of a Class 2 felony.
29        (c-2)  (Blank).
30        (c-3)  Every  person  convicted of violating this Section
31    or a similar provision of a local ordinance who had  a  child
32    under  age 16 in the vehicle at the time of the offense shall
33    have his or her punishment under this Act enhanced by 2  days
34    of  imprisonment for a first offense, 10 days of imprisonment
 
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 1    for a second offense, 30 days of  imprisonment  for  a  third
 2    offense,  and  90  days  of  imprisonment  for  a  fourth  or
 3    subsequent  offense,  in  addition  to the fine and community
 4    service  required  under  subsection  (c)  and  the  possible
 5    imprisonment required under subsection (d).  The imprisonment
 6    or assignment under this subsection shall not be  subject  to
 7    suspension  nor shall the person be eligible for probation in
 8    order to reduce the sentence or assignment.
 9        (c-4)  When a person is convicted  of  violating  Section
10    11-501  of  this  Code  or  a  similar  provision  of a local
11    ordinance, the following penalties  apply  when  his  or  her
12    blood,  breath,  or  urine  was  .16  or  more  based  on the
13    definition of  blood,  breath,  or  urine  units  in  Section
14    11-501.2  or  when that person is convicted of violating this
15    Section while transporting a child under the age of 16:
16             (1)  A  person  who  is   convicted   of   violating
17        subsection  (a)  of  Section  11-501 of this Code a first
18        time, in addition  to  any  other  penalty  that  may  be
19        imposed  under  subsection (c), is subject to a mandatory
20        minimum of 100 hours of community service and  a  minimum
21        fine of $500.
22             (2)  A   person   who   is  convicted  of  violating
23        subsection (a) of Section 11-501 of this  Code  a  second
24        time  within  10  years, in addition to any other penalty
25        that may be imposed under subsection (c), is subject to a
26        mandatory minimum of 2 days of imprisonment and a minimum
27        fine of $1,250.
28             (3)  A  person  who  is   convicted   of   violating
29        subsection  (a)  of  Section  11-501 of this Code a third
30        time within 20 years is guilty of a Class 4  felony  and,
31        in  addition  to  any  other  penalty that may be imposed
32        under subsection (c), is subject to a  mandatory  minimum
33        of 90 days of imprisonment and a minimum fine of $2,500.
34             (4)  A  person  who  is  convicted of violating this
 
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 1        subsection (c-4) a fourth or subsequent time is guilty of
 2        a Class 2 felony and, in addition to  any  other  penalty
 3        that may be imposed under subsection (c), is not eligible
 4        for  a sentence of probation or conditional discharge and
 5        is subject to a minimum fine of $2,500.
 6        (d) (1)  Every person convicted of committing a violation
 7        of this Section shall be  guilty  of  aggravated  driving
 8        under  the  influence of alcohol, other drug or drugs, or
 9        intoxicating compound or compounds,  or  any  combination
10        thereof if:
11                  (A)  the  person  committed a violation of this
12             Section, or a similar provision of a law of  another
13             state  or a local ordinance when the cause of action
14             is the same as  or  substantially  similar  to  this
15             Section, for the third or subsequent time;
16                  (B)  the   person   committed  a  violation  of
17             paragraph  (a)  while  driving  a  school  bus  with
18             children on board;
19                  (C)  the person in committing  a  violation  of
20             paragraph  (a)  was  involved  in  a  motor  vehicle
21             accident  that  resulted  in  great  bodily  harm or
22             permanent disability or  disfigurement  to  another,
23             when  the  violation  was  a  proximate cause of the
24             injuries;
25                  (D)  the  person  committed  a   violation   of
26             paragraph  (a)  for  a  second  time  and  has  been
27             previously convicted of violating Section 9-3 of the
28             Criminal  Code of 1961 relating to reckless homicide
29             in which the person  was  determined  to  have  been
30             under the influence of alcohol, other drug or drugs,
31             or  intoxicating compound or compounds as an element
32             of the offense or the  person  has  previously  been
33             convicted  under  subparagraph (C) of this paragraph
34             (1); or
 
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 1                  (E)  the person, in committing a  violation  of
 2             paragraph (a) while driving at any speed in a school
 3             speed  zone at a time when a speed limit of 20 miles
 4             per hour was  in  effect  under  subsection  (a)  of
 5             Section 11-605 of this Code, was involved in a motor
 6             vehicle accident that resulted in bodily harm, other
 7             than  great  bodily  harm or permanent disability or
 8             disfigurement, to another person, when the violation
 9             of paragraph (a) was a proximate cause of the bodily
10             harm.
11             (2)  Aggravated  driving  under  the  influence   of
12        alcohol, other drug or drugs, or intoxicating compound or
13        compounds,  or  any  combination  thereof  is  a  Class 4
14        felony.  For a violation of subparagraph (C) of paragraph
15        (1) of this subsection (d), the defendant,  if  sentenced
16        to a term of imprisonment, shall be sentenced to not less
17        than   one   year  nor  more  than  12  years.   For  any
18        prosecution under this subsection (d), a  certified  copy
19        of  the  driving  abstract  of  the  defendant  shall  be
20        admitted as proof of any prior conviction.
21        (e)  After  a  finding  of  guilt  and prior to any final
22    sentencing, or an order for supervision, for an offense based
23    upon an arrest for a violation of this Section or  a  similar
24    provision of a local ordinance, individuals shall be required
25    to  undergo  a  professional  evaluation  to  determine if an
26    alcohol, drug, or intoxicating compound abuse problem  exists
27    and  the extent of the problem, and undergo the imposition of
28    treatment   as   appropriate.   Programs   conducting   these
29    evaluations shall be licensed  by  the  Department  of  Human
30    Services.   The  cost of any professional evaluation shall be
31    paid  for  by  the  individual  required   to   undergo   the
32    professional evaluation.
33        (f)  Every person found guilty of violating this Section,
34    whose operation of a motor vehicle while in violation of this
 
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 1    Section  proximately  caused  any  incident  resulting  in an
 2    appropriate emergency  response,  shall  be  liable  for  the
 3    expense  of  an  emergency response as provided under Section
 4    5-5-3 of the Unified Code of Corrections.
 5        (g)  The Secretary of  State  shall  revoke  the  driving
 6    privileges  of  any  person convicted under this Section or a
 7    similar provision of a local ordinance.
 8        (h)  Every person sentenced under paragraph (2) or (3) of
 9    subsection (c-1) of this Section or subsection  (d)  of  this
10    Section  and  who receives a term of probation or conditional
11    discharge shall be required to serve a minimum term of either
12    60 days community service or 10 days  of  imprisonment  as  a
13    condition  of  the  probation or conditional discharge.  This
14    mandatory minimum  term  of  imprisonment  or  assignment  of
15    community  service  shall  not  be suspended and shall not be
16    subject to reduction by the court.
17        (i)  The Secretary of State  shall  require  the  use  of
18    ignition  interlock  devices  on  all  vehicles  owned  by an
19    individual who has been convicted of a second  or  subsequent
20    offense  of  this  Section  or a similar provision of a local
21    ordinance.   The  Secretary  shall  establish  by  rule   and
22    regulation  the  procedures  for certification and use of the
23    interlock system.
24        (j)  In addition to any other penalties and  liabilities,
25    a person who is found guilty of or pleads guilty to violating
26    this   Section,   including   any   person  placed  on  court
27    supervision for violating this Section, shall be fined  $100,
28    payable  to the circuit clerk, who shall distribute the money
29    to the law enforcement agency that made the arrest.   If  the
30    person  has  been  previously  convicted  of  violating  this
31    Section or a similar provision of a local ordinance, the fine
32    shall  be  $200.   In  the event that more than one agency is
33    responsible for the arrest, the $100 or $200 shall be  shared
34    equally.   Any  moneys  received  by a law enforcement agency
 
HB0715 Enrolled             -8-      LRB093 05818 DRH 05911 b
 1    under this subsection (j)  shall  be  used  to  purchase  law
 2    enforcement  equipment  that will assist in the prevention of
 3    alcohol related criminal violence throughout the State.  This
 4    shall include, but is not limited to, in-car  video  cameras,
 5    radar  and  laser speed detection devices, and alcohol breath
 6    testers. Any moneys  received  by  the  Department  of  State
 7    Police  under this subsection (j) shall be deposited into the
 8    State Police DUI Fund and  shall  be  used  to  purchase  law
 9    enforcement  equipment  that will assist in the prevention of
10    alcohol related criminal violence throughout the State.
11        (k)  The Secretary of State Police DUI Fund is created as
12    a special fund in the State treasury. All moneys received  by
13    the  Secretary  of  State Police under subsection (j) of this
14    Section shall be deposited into the Secretary of State Police
15    DUI Fund and, subject to  appropriation,  shall  be  used  to
16    purchase   law   enforcement   equipment  to  assist  in  the
17    prevention of alcohol related  criminal  violence  throughout
18    the State.
19    (Source: P.A.  91-126,  eff.  7-16-99;  91-357, eff. 7-29-99;
20    91-692, eff. 4-13-00;  91-822,  eff.  6-13-00;  92-248,  eff.
21    8-3-01;  92-418,  eff. 8-17-01; 92-420, eff. 8-17-01; 92-429,
22    eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)

23        Section 99.  Effective date.  This Act takes effect  upon
24    becoming law.