093_HB0715sam001

 










                                     SDS093 00025 LMT 00025 a

 1                     AMENDMENT TO HOUSE BILL 715

 2        AMENDMENT NO.     .  Amend House Bill  715  by  replacing
 3    everything after the enacting clause with the following:

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

32        Section 99.  Effective date.  This Act takes effect  upon
33    becoming law.".