HB0657 Engrossed LRB094 04162 DRH 34184 b

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     Sec. 11-501. Driving while under the influence of alcohol,
8 other drug or drugs, intoxicating compound or compounds or any
9 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 or
13     breath is 0.08 or more based on the definition of blood and
14     breath units in Section 11-501.2;
15         (2) under the influence of alcohol;
16         (3) under the influence of any intoxicating compound or
17     combination of intoxicating compounds to a degree that
18     renders the person incapable of driving safely;
19         (4) under the influence of any other drug or
20     combination of drugs to a degree that renders the person
21     incapable of safely driving;
22         (5) under the combined influence of alcohol, other drug
23     or drugs, or intoxicating compound or compounds to a degree
24     that renders the person incapable of safely driving; or
25         (6) there is any amount of a drug, substance, or
26     compound in the person's breath, blood, or urine resulting
27     from the unlawful use or consumption of cannabis listed in
28     the Cannabis Control Act, a controlled substance listed in
29     the Illinois Controlled Substances Act, or an intoxicating
30     compound listed in the Use of Intoxicating Compounds Act.
31     (b) The fact that any person charged with violating this
32 Section is or has been legally entitled to use alcohol, other

 

 

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1 drug or drugs, or intoxicating compound or compounds, or any
2 combination thereof, shall not constitute a defense against any
3 charge of violating this Section.
4     (b-1) With regard to penalties imposed under this Section:
5         (1) Any reference to a prior violation of subsection
6     (a) or a similar provision includes any violation of a
7     provision of a local ordinance or a provision of a law of
8     another state that is similar to a violation of subsection
9     (a) of this Section.
10         (2) Any penalty imposed for driving with a license that
11     has been revoked for a previous violation of subsection (a)
12     of this Section shall be in addition to the penalty imposed
13     for any subsequent violation of subsection (a).
14     (b-2) Except as otherwise provided in this Section, any
15 person convicted of violating subsection (a) of this Section is
16 guilty of a Class A misdemeanor.
17     (b-3) In addition to any other criminal or administrative
18 sanction for any second conviction of violating subsection (a)
19 or a similar provision committed within 5 years of a previous
20 violation of subsection (a) or a similar provision, the
21 defendant shall be sentenced to a mandatory minimum of 5 days
22 of imprisonment or assigned a mandatory minimum of 240 hours of
23 community service as may be determined by the court.
24     (b-4) In the case of a third or subsequent violation
25 committed within 5 years of a previous violation of subsection
26 (a) or a similar provision, in addition to any other criminal
27 or administrative sanction, a mandatory minimum term of either
28 10 days of imprisonment or 480 hours of community service shall
29 be imposed.
30     (b-5) The imprisonment or assignment of community service
31 under subsections (b-3) and (b-4) shall not be subject to
32 suspension, nor shall the person be eligible for a reduced
33 sentence.
34     (c) (Blank).
35     (c-1) (1) A person who violates subsection (a) during a
36     period in which his or her driving privileges are revoked

 

 

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1     or suspended, where the revocation or suspension was for a
2     violation of subsection (a), Section 11-501.1, paragraph
3     (b) of Section 11-401, or for reckless homicide as defined
4     in Section 9-3 of the Criminal Code of 1961 is guilty of a
5     Class 4 felony.
6         (2) A person who violates subsection (a) a third time,
7     if the third violation occurs during a period in which his
8     or her driving privileges are revoked or suspended where
9     the revocation or suspension was for a violation of
10     subsection (a), Section 11-501.1, paragraph (b) of Section
11     11-401, or for reckless homicide as defined in Section 9-3
12     of the Criminal Code of 1961, is guilty of a Class 3
13     felony.(2.1) A person who violates subsection (a) a third
14     time, if the third violation occurs during a period in
15     which his or her driving privileges are revoked or
16     suspended where the revocation or suspension was for a
17     violation of subsection (a), Section 11-501.1, subsection
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 a
20     Class 3 felony; and if the person receives a term of
21     probation or conditional discharge, he or she shall be
22     required to serve a mandatory minimum of 10 days of
23     imprisonment or shall be assigned a mandatory minimum of
24     480 hours of community service, as may be determined by the
25     court, as a condition of the probation or conditional
26     discharge. This mandatory minimum term of imprisonment or
27     assignment of community service shall not be suspended or
28     reduced by the court.
29         (2.2) A person who violates subsection (a), if the
30     violation occurs during a period in which his or her
31     driving privileges are revoked or suspended where the
32     revocation or suspension was for a violation of subsection
33     (a) or Section 11-501.1, shall also be sentenced to an
34     additional mandatory minimum term of 30 consecutive days of
35     imprisonment, 40 days of 24-hour periodic imprisonment, or
36     720 hours of community service, as may be determined by the

 

 

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1     court. This mandatory term of imprisonment or assignment of
2     community service shall not be suspended or reduced by the
3     court.
4         (3) A person who violates subsection (a) a fourth or
5     subsequent time, if the fourth or subsequent violation
6     occurs during a period in which his or her driving
7     privileges are revoked or suspended where the revocation or
8     suspension was for a violation of subsection (a), Section
9     11-501.1, paragraph (b) of Section 11-401, or for reckless
10     homicide as defined in Section 9-3 of the Criminal Code of
11     1961, is guilty of a Class 2 felony and is not eligible for
12     a sentence of probation or conditional discharge.
13     (c-2) (Blank).
14     (c-3) (Blank).
15     (c-4) (Blank).
16     (c-5) Except as provided in subsection (c-5.1), a A person
17 21 years of age or older who violates subsection (a), if the
18 person was transporting a person under the age of 16 at the
19 time of the violation, is subject to 6 months of imprisonment,
20 an additional mandatory minimum fine of $1,000, and 25 days an
21 additional mandatory minimum 140 hours of community service,
22 which shall include 40 hours of community service in a program
23 benefiting children, and an additional 2 days of imprisonment.
24 The imprisonment or assignment of community service under this
25 subsection (c-5) is not subject to suspension, nor is the
26 person eligible for a reduced sentence.
27     (c-5.1) A person 21 years of age or older who is convicted
28 of violating subsection (a) of this Section a first time and
29 who in committing that violation was involved in a motor
30 vehicle accident that resulted in bodily harm to the child
31 under the age of 16 being transported by the person, if the
32 violation was the proximate cause of the injury, is guilty of a
33 Class 4 felony and is subject to one year of imprisonment, a
34 mandatory fine of $2,500, and 25 days of community service in a
35 program benefiting children. The imprisonment or assignment to
36 community service under this subsection (c-5.1) 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-6) Except as provided in subsections (c-7) and (c-7.1),
4 (c-8) a person 21 years of age or older who violates subsection
5 (a) a second time, if at the time of the second violation the
6 person was transporting a person under the age of 16, is
7 subject to 6 months an additional 10 days of imprisonment, an
8 additional mandatory minimum fine of $1,000, and an additional
9 mandatory minimum 140 hours of community service, which shall
10 include 40 hours of community service in a program benefiting
11 children. The imprisonment or assignment of community service
12 under this subsection (c-6) is not subject to suspension, nor
13 is the person eligible for a reduced sentence.
14     (c-7) Except as provided in subsection (c-7.1) (c-8), any
15 person 21 years of age or older convicted of violating
16 subsection (c-6) or a similar provision within 10 years of a
17 previous violation of subsection (a) or a similar provision is
18 guilty of a Class 4 felony and shall receive, in addition to
19 any other penalty imposed, is subject to one year of a
20 mandatory minimum 12 days imprisonment, 25 days an additional
21 40 hours of mandatory community service in a program benefiting
22 children, and a mandatory minimum fine of $2,500 $1,750. The
23 imprisonment or assignment of community service under this
24 subsection (c-7) is not subject to suspension, nor is the
25 person eligible for a reduced sentence.
26     (c-7.1) A person 21 years of age or older who is convicted
27 of violating subsection (a) of this Section a second time
28 within 10 years and who in committing that violation was
29 involved in a motor vehicle accident that resulted in bodily
30 harm to the child under the age of 16 being transported, if the
31 violation was the proximate cause of the injury, is guilty of a
32 Class 4 felony and is subject to 18 months of imprisonment, a
33 mandatory fine of $5,000, and 25 days of community service in a
34 program benefiting children. The imprisonment or assignment to
35 community service under this subsection (c-7.1) shall not be
36 subject to suspension, nor shall the person be eligible for

 

 

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1 probation in order to reduce the sentence or assignment.
2     (c-8) (Blank). Any person convicted of violating
3 subsection (c-6) or a similar provision within 5 years of a
4 previous violation of subsection (a) or a similar provision
5 shall receive, in addition to any other penalty imposed, an
6 additional 80 hours of mandatory community service in a program
7 benefiting children, an additional mandatory minimum 12 days of
8 imprisonment, and a mandatory minimum fine of $1,750. The
9 imprisonment or assignment of community service under this
10 subsection (c-8) is not subject to suspension, nor is the
11 person eligible for a reduced sentence.
12     (c-9) Any person 21 years of age or older convicted a
13 third time for violating subsection (a) or a similar provision,
14 if at the time of the third violation the person was
15 transporting a person under the age of 16, is guilty of a Class
16 4 felony and is subject to 18 months of imprisonment, a shall
17 receive, in addition to any other penalty imposed, an
18 additional mandatory fine of $2,500, and 25 days $1,000, an
19 additional mandatory 140 hours of community service, which
20 shall include 40 hours in a program benefiting children, and a
21 mandatory minimum 30 days of imprisonment. The imprisonment or
22 assignment of community service under this subsection (c-9) is
23 not subject to suspension, nor is the person eligible for a
24 reduced sentence.
25     (c-10) Any person 21 years of age or older convicted of
26 violating subsection (c-9) or a similar provision a third time
27 within 20 years of a previous violation of subsection (a) or a
28 similar provision is guilty of a Class 3 Class 4 felony and
29 shall receive, in addition to any other penalty imposed, is
30 subject to 3 years of imprisonment, 25 days an additional
31 mandatory 40 hours of community service in a program benefiting
32 children, and a an additional mandatory fine of $25,000 $3000,
33 and a mandatory minimum 120 days of imprisonment. The
34 imprisonment or assignment of community service under this
35 subsection (c-10) is not subject to suspension, nor is the
36 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 $3,000.
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 committed within 10 years of a previous violation of
25 subsection (a) or a similar provision, if at the time of the
26 second violation of subsection (a) or a similar provision the
27 alcohol concentration in his or her blood, breath, or urine was
28 0.16 or more based on the definition of blood, breath, or urine
29 units in Section 11-501.2, shall be subject, in addition to any
30 other penalty that may be imposed, to a mandatory minimum of 2
31 days of imprisonment and a mandatory minimum fine of $1,250.
32     (c-14) Any person convicted of a third violation of
33 subsection (a) or a similar provision within 20 years of a
34 previous violation of subsection (a) or a similar provision, if
35 at the time of the third violation of subsection (a) or a
36 similar provision the alcohol concentration in his or her

 

 

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1 blood, breath, or urine was 0.16 or more based on the
2 definition of blood, breath, or urine units in Section
3 11-501.2, is guilty of a Class 4 felony and shall be subject,
4 in addition to any other penalty that may be imposed, to a
5 mandatory minimum of 90 days of imprisonment and a mandatory
6 minimum fine of $2,500.
7     (c-15) Any person convicted of a fourth or subsequent
8 violation of subsection (a) or a similar provision, if at the
9 time of the fourth or subsequent violation the alcohol
10 concentration in his or her blood, breath, or urine was 0.16 or
11 more based on the definition of blood, breath, or urine units
12 in Section 11-501.2, and if the person's 3 prior violations of
13 subsection (a) or a similar provision occurred while
14 transporting a person under the age of 16 or while 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, is guilty of a Class 2 felony and is not
18 eligible for a sentence of probation or conditional discharge
19 and is subject to a minimum fine of $2,500.
20     (d) (1) Every person convicted of committing a violation of
21     this Section shall be guilty of aggravated driving under
22     the influence of alcohol, other drug or drugs, or
23     intoxicating compound or compounds, or any combination
24     thereof if:
25             (A) the person committed a violation of subsection
26         (a) or a similar provision for the third or subsequent
27         time;
28             (B) the person committed a violation of subsection
29         (a) while driving a school bus with persons 18 years of
30         age or younger on board;
31             (C) the person in committing a violation of
32         subsection (a) was involved in a motor vehicle accident
33         that resulted in great bodily harm or permanent
34         disability or disfigurement to another, when the
35         violation was a proximate cause of the injuries;
36             (D) the person committed a violation of subsection

 

 

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1         (a) for a second time and has been previously convicted
2         of violating Section 9-3 of the Criminal Code of 1961
3         or a similar provision of a law of another state
4         relating to reckless homicide in which the person was
5         determined to have been under the influence of alcohol,
6         other drug or drugs, or intoxicating compound or
7         compounds as an element of the offense or the person
8         has previously been convicted under subparagraph (C)
9         or subparagraph (F) of this paragraph (1);
10             (E) the person, in committing a violation of
11         subsection (a) while driving at any speed in a school
12         speed zone at a time when a speed limit of 20 miles per
13         hour was in effect under subsection (a) of Section
14         11-605 of this Code, was involved in a motor vehicle
15         accident that resulted in bodily harm, other than great
16         bodily harm or permanent disability or disfigurement,
17         to another person, when the violation of subsection (a)
18         was a proximate cause of the bodily harm; or
19             (F) the person, in committing a violation of
20         subsection (a), was involved in a motor vehicle,
21         snowmobile, all-terrain vehicle, or watercraft
22         accident that resulted in the death of another person,
23         when the violation of subsection (a) was a proximate
24         cause of the death.
25         (2) Except as provided in this paragraph (2), a person
26     convicted of aggravated driving under the influence of
27     alcohol, other drug or drugs, or intoxicating compound or
28     compounds, or any combination thereof is guilty of a Class
29     4 felony. For a violation of subparagraph (C) of paragraph
30     (1) of this subsection (d), the defendant, if sentenced to
31     a term of imprisonment, shall be sentenced to not less than
32     one year nor more than 12 years. Aggravated driving under
33     the influence of alcohol, other drug or drugs, or
34     intoxicating compound or compounds, or any combination
35     thereof as defined in subparagraph (F) of paragraph (1) of
36     this subsection (d) is a Class 2 felony, for which the

 

 

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1     defendant, if sentenced to a term of imprisonment, shall be
2     sentenced to: (A) a term of imprisonment of not less than 3
3     years and not more than 14 years if the violation resulted
4     in the death of one person; or (B) a term of imprisonment
5     of not less than 6 years and not more than 28 years if the
6     violation resulted in the deaths of 2 or more persons. For
7     any prosecution under this subsection (d), a certified copy
8     of the driving abstract of the defendant shall be admitted
9     as proof of any prior conviction. Any person sentenced
10     under this subsection (d) who receives a term of probation
11     or conditional discharge must serve a minimum term of
12     either 480 hours of community service or 10 days of
13     imprisonment as a condition of the probation or conditional
14     discharge. This mandatory minimum term of imprisonment or
15     assignment of community service may not be suspended or
16     reduced by the court.
17     (e) After a finding of guilt and prior to any final
18 sentencing, or an order for supervision, for an offense based
19 upon an arrest for a violation of this Section or a similar
20 provision of a local ordinance, individuals shall be required
21 to undergo a professional evaluation to determine if an
22 alcohol, drug, or intoxicating compound abuse problem exists
23 and the extent of the problem, and undergo the imposition of
24 treatment as appropriate. Programs conducting these
25 evaluations shall be licensed by the Department of Human
26 Services. The cost of any professional evaluation shall be paid
27 for by the individual required to undergo the professional
28 evaluation.
29     (e-1) Any person who is found guilty of or pleads guilty to
30 violating this Section, including any person receiving a
31 disposition of court supervision for violating this Section,
32 may be required by the Court to attend a victim impact panel
33 offered by, or under contract with, a County State's Attorney's
34 office, a probation and court services department, Mothers
35 Against Drunk Driving, or the Alliance Against Intoxicated
36 Motorists. All costs generated by the victim impact panel shall

 

 

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1 be paid from fees collected from the offender or as may be
2 determined by the court.
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 expense
7 of an emergency response as provided under Section 5-5-3 of the
8 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) (Blank).
13     (i) The Secretary of State shall require the use of
14 ignition interlock devices on all vehicles owned by an
15 individual who has been convicted of a second or subsequent
16 offense of this Section or a similar provision of a local
17 ordinance. The Secretary shall establish by rule and regulation
18 the procedures for certification and use of the interlock
19 system.
20     (j) In addition to any other penalties and liabilities, a
21 person who is found guilty of or pleads guilty to violating
22 subsection (a), including any person placed on court
23 supervision for violating subsection (a), shall be fined $500,
24 payable to the circuit clerk, who shall distribute the money as
25 follows: 20% to the law enforcement agency that made the arrest
26 and 80% shall be forwarded to the State Treasurer for deposit
27 into the General Revenue Fund. If the person has been
28 previously convicted of violating subsection (a) or a similar
29 provision of a local ordinance, the fine shall be $1,000. In
30 the event that more than one agency is responsible for the
31 arrest, the amount payable to law enforcement agencies shall be
32 shared equally. Any moneys received by a law enforcement agency
33 under this subsection (j) shall be used to purchase law
34 enforcement equipment that will assist in the prevention of
35 alcohol related criminal violence throughout the State. This
36 shall include, but is 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 to purchase law enforcement
5 equipment that will assist in the prevention of alcohol related
6 criminal violence throughout the State.
7     (k) The Secretary of State Police DUI Fund is created as a
8 special fund in the State treasury. All moneys received by the
9 Secretary of State Police under subsection (j) of this Section
10 shall be deposited into the Secretary of State Police DUI Fund
11 and, subject to appropriation, shall be used to purchase law
12 enforcement equipment to assist in the prevention of alcohol
13 related criminal violence throughout the State.
14     (l) Whenever an individual is sentenced for an offense
15 based upon an arrest for a violation of subsection (a) or a
16 similar provision of a local ordinance, and the professional
17 evaluation recommends remedial or rehabilitative treatment or
18 education, neither the treatment nor the education shall be the
19 sole disposition and either or both may be imposed only in
20 conjunction with another disposition. The court shall monitor
21 compliance with any remedial education or treatment
22 recommendations contained in the professional evaluation.
23 Programs conducting alcohol or other drug evaluation or
24 remedial education must be licensed by the Department of Human
25 Services. If the individual is not a resident of Illinois,
26 however, the court may accept an alcohol or other drug
27 evaluation or remedial education program in the individual's
28 state of residence. Programs providing treatment must be
29 licensed under existing applicable alcoholism and drug
30 treatment licensure standards.
31     (m) In addition to any other fine or penalty required by
32 law, an individual convicted of a violation of subsection (a),
33 Section 5-7 of the Snowmobile Registration and Safety Act,
34 Section 5-16 of the Boat Registration and Safety Act, or a
35 similar provision, whose operation of a motor vehicle,
36 snowmobile, or watercraft while in violation of subsection (a),

 

 

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1 Section 5-7 of the Snowmobile Registration and Safety Act,
2 Section 5-16 of the Boat Registration and Safety Act, or a
3 similar provision proximately caused an incident resulting in
4 an appropriate emergency response, shall be required to make
5 restitution to a public agency for the costs of that emergency
6 response. The restitution may not exceed $1,000 per public
7 agency for each emergency response. As used in this subsection
8 (m), "emergency response" means any incident requiring a
9 response by a police officer, a firefighter carried on the
10 rolls of a regularly constituted fire department, or an
11 ambulance.
12 (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01;
13 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02;
14 92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff.
15 7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800,
16 eff. 1-1-05; 93-840, eff. 7-30-04; revised 10-21-04.)