093_HB1358eng

 
HB1358 Engrossed                     LRB093 08341 DRH 08560 b

 1        AN ACT in relation to vehicles.

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