Sen. Don Harmon

Filed: 3/28/2006

 

 


 

 


 
09400SB1088sam001 LRB094 04763 RLC 57764 a

1
AMENDMENT TO SENATE BILL 1088

2     AMENDMENT NO. ______. Amend Senate Bill 1088 by replacing
3 everything after the enacting clause with the following:
 
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     (Text of Section from P.A. 93-1093)
8     Sec. 11-501. Driving while under the influence of alcohol,
9 other drug or drugs, intoxicating compound or compounds or any
10 combination thereof.
11     (a) A person shall not drive or be in actual physical
12 control of any vehicle within this State while:
13         (1) the alcohol concentration in the person's blood or
14     breath is 0.08 or more based on the definition of blood and
15     breath units in Section 11-501.2;
16         (2) under the influence of alcohol;
17         (3) under the influence of any intoxicating compound or
18     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 drug
24     or drugs, or intoxicating compound or compounds to a degree

 

 

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1     that renders the person incapable of safely driving; or
2         (6) there is any amount of a drug, substance, or
3     compound in the person's breath, blood, or urine resulting
4     from the unlawful use or consumption of cannabis listed in
5     the Cannabis Control Act, a controlled substance listed in
6     the Illinois Controlled Substances Act, or an intoxicating
7     compound listed in the Use of Intoxicating Compounds Act.
8     (b) The fact that any person charged with violating this
9 Section is or has been legally entitled to use alcohol, other
10 drug or drugs, or intoxicating compound or compounds, or any
11 combination thereof, shall not constitute a defense against any
12 charge of violating this Section.
13     (b-1) With regard to penalties imposed under this Section:
14         (1) Any reference to a prior violation of subsection
15     (a) or a similar provision includes any violation of a
16     provision of a local ordinance or a provision of a law of
17     another state that is similar to a violation of subsection
18     (a) of this Section.
19         (2) Any penalty imposed for driving with a license that
20     has been revoked for a previous violation of subsection (a)
21     of this Section shall be in addition to the penalty imposed
22     for any subsequent violation of subsection (a).
23     (b-2) Except as otherwise provided in this Section, any
24 person convicted of violating subsection (a) of this Section is
25 guilty of a Class A misdemeanor.
26     (b-3) In addition to any other criminal or administrative
27 sanction for any second conviction of violating subsection (a)
28 or a similar provision committed within 5 years of a previous
29 violation of subsection (a) or a similar provision, the
30 defendant shall be sentenced to a mandatory minimum of 5 days
31 of imprisonment or assigned a mandatory minimum of 240 hours of
32 community service as may be determined by the court.
33     (b-4) In the case of a third or subsequent violation
34 committed within 5 years of a previous violation of subsection

 

 

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1 (a) or a similar provision, in addition to any other criminal
2 or administrative sanction, a mandatory minimum term of either
3 10 days of imprisonment or 480 hours of community service shall
4 be imposed.
5     (b-5) The imprisonment or assignment of community service
6 under subsections (b-3) and (b-4) shall not be subject to
7 suspension, nor shall the person be eligible for a reduced
8 sentence.
9     (c) (Blank).
10     (c-1) (1) A person who violates subsection (a) during a
11     period in which his or her driving privileges are revoked
12     or suspended, where the revocation or suspension was for a
13     violation of subsection (a), Section 11-501.1, paragraph
14     (b) of Section 11-401, or for reckless homicide as defined
15     in Section 9-3 of the Criminal Code of 1961 is guilty of a
16     Class 4 felony.
17         (2) A person who violates subsection (a) a third time,
18     if the third violation occurs during a period in which his
19     or her driving privileges are revoked or suspended where
20     the revocation or suspension was for a violation of
21     subsection (a), Section 11-501.1, paragraph (b) of Section
22     11-401, or for reckless homicide as defined in Section 9-3
23     of the Criminal Code of 1961, is guilty of a Class 3
24     felony; and if the person receives a term of probation or
25     conditional discharge, he or she shall be required to serve
26     a mandatory minimum of 10 days of imprisonment or shall be
27     assigned a mandatory minimum of 480 hours of community
28     service, as may be determined by the court, as a condition
29     of the probation or conditional discharge. This mandatory
30     minimum term of imprisonment or assignment of community
31     service shall not be suspended or reduced by the court.
32         (2.2) A person who violates subsection (a), if the
33     violation occurs during a period in which his or her
34     driving privileges are revoked or suspended where the

 

 

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1     revocation or suspension was for a violation of subsection
2     (a) or Section 11-501.1, shall also be sentenced to an
3     additional mandatory minimum term of 30 consecutive days of
4     imprisonment, 40 days of 24-hour periodic imprisonment, or
5     720 hours of community service, as may be determined by the
6     court. This mandatory term of imprisonment or assignment of
7     community service shall not be suspended or reduced by the
8     court.
9         (3) A person who violates subsection (a) a fourth or
10     subsequent time, if the fourth or subsequent violation
11     occurs during a period in which his or her driving
12     privileges are revoked or suspended where the revocation or
13     suspension was for a violation of subsection (a), Section
14     11-501.1, paragraph (b) of Section 11-401, or for reckless
15     homicide as defined in Section 9-3 of the Criminal Code of
16     1961, is guilty of a Class 2 felony and is not eligible for
17     a sentence of probation or conditional discharge.
18     (c-2) (Blank).
19     (c-3) (Blank).
20     (c-4) (Blank).
21     (c-5)(1) A person who violates subsection (a), if the
22     person was transporting a person under the age of 16 at the
23     time of the violation, is subject to an additional
24     mandatory minimum fine of $1,000, an additional mandatory
25     minimum 140 hours of community service, which shall include
26     40 hours of community service in a program benefiting
27     children, and an additional 2 days of imprisonment. The
28     imprisonment or assignment of community service under this
29     subdivision (c-5)(1) is not subject to suspension, nor is
30     the person eligible for a reduced sentence.
31         (2) Except as provided in subdivisions (c-5)(3) and
32     (c-5)(4) a person who violates subsection (a) a second
33     time, if at the time of the second violation the person was
34     transporting a person under the age of 16, is subject to an

 

 

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1     additional 10 days of imprisonment, an additional
2     mandatory minimum fine of $1,000, and an additional
3     mandatory minimum 140 hours of community service, which
4     shall include 40 hours of community service in a program
5     benefiting children. The imprisonment or assignment of
6     community service under this subdivision (c-5)(2) is not
7     subject to suspension, nor is the person eligible for a
8     reduced sentence.
9         (3) Except as provided in subdivision (c-5)(4), any
10     person convicted of violating subdivision (c-5)(2) or a
11     similar provision within 10 years of a previous violation
12     of subsection (a) or a similar provision shall receive, in
13     addition to any other penalty imposed, a mandatory minimum
14     12 days imprisonment, an additional 40 hours of mandatory
15     community service in a program benefiting children, and a
16     mandatory minimum fine of $1,750. The imprisonment or
17     assignment of community service under this subdivision
18     (c-5)(3) is not subject to suspension, nor is the person
19     eligible for a reduced sentence.
20         (4) Any person convicted of violating subdivision
21     (c-5)(2) or a similar provision within 5 years of a
22     previous violation of subsection (a) or a similar provision
23     shall receive, in addition to any other penalty imposed, an
24     additional 80 hours of mandatory community service in a
25     program benefiting children, an additional mandatory
26     minimum 12 days of imprisonment, and a mandatory minimum
27     fine of $1,750. The imprisonment or assignment of community
28     service under this subdivision (c-5)(4) is not subject to
29     suspension, nor is the person eligible for a reduced
30     sentence.
31         (5) Any person convicted a third time for violating
32     subsection (a) or a similar provision, if at the time of
33     the third violation the person was transporting a person
34     under the age of 16, is guilty of a Class 4 felony and

 

 

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

 

 

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1     concentration in his or her blood, breath, or urine was
2     0.16 or more based on the definition of blood, breath, or
3     urine units in Section 11-501.2, shall be subject, in
4     addition to any other penalty that may be imposed, to a
5     mandatory minimum of 100 hours of community service and a
6     mandatory minimum fine of $500.
7         (2) Any person convicted of a second violation of
8     subsection (a) or a similar provision committed within 10
9     years of a previous violation of subsection (a) or a
10     similar provision, if at the time of the second violation
11     of subsection (a) or a similar provision the alcohol
12     concentration in his or her blood, breath, or urine was
13     0.16 or more based on the definition of blood, breath, or
14     urine units in Section 11-501.2, shall be subject, in
15     addition to any other penalty that may be imposed, to a
16     mandatory minimum of 2 days of imprisonment and a mandatory
17     minimum fine of $1,250.
18         (3) Any person convicted of a third violation of
19     subsection (a) or a similar provision within 20 years of a
20     previous violation of subsection (a) or a similar
21     provision, if at the time of the third violation of
22     subsection (a) or a similar provision the alcohol
23     concentration in his or her blood, breath, or urine was
24     0.16 or more based on the definition of blood, breath, or
25     urine units in Section 11-501.2, is guilty of a Class 4
26     felony and shall be subject, in addition to any other
27     penalty that may be imposed, to a mandatory minimum of 90
28     days of imprisonment and a mandatory minimum fine of
29     $2,500.
30         (4) Any person convicted of a fourth or subsequent
31     violation of subsection (a) or a similar provision, if at
32     the time of the fourth or subsequent violation the alcohol
33     concentration in his or her blood, breath, or urine was
34     0.16 or more based on the definition of blood, breath, or

 

 

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1     urine units in Section 11-501.2, and if the person's 3
2     prior violations of subsection (a) or a similar provision
3     occurred while transporting a person under the age of 16 or
4     while the alcohol concentration in his or her blood,
5     breath, or urine was 0.16 or more based on the definition
6     of blood, breath, or urine units in Section 11-501.2, is
7     guilty of a Class 2 felony and is not eligible for a
8     sentence of probation or conditional discharge and is
9     subject to a minimum fine of $2,500.
10     (d) (1) Every person convicted of committing a violation of
11     this Section shall be guilty of aggravated driving under
12     the influence of alcohol, other drug or drugs, or
13     intoxicating compound or compounds, or any combination
14     thereof if:
15             (A) the person committed a violation of subsection
16         (a) or a similar provision for the third or subsequent
17         time;
18             (B) the person committed a violation of subsection
19         (a) while driving a school bus with persons 18 years of
20         age or younger on board;
21             (C) the person in committing a violation of
22         subsection (a) was involved in a motor vehicle accident
23         that resulted in great bodily harm or permanent
24         disability or disfigurement to another, when the
25         violation was a proximate cause of the injuries;
26             (D) the person committed a violation of subsection
27         (a) for a second time and has been previously convicted
28         of violating Section 9-3 of the Criminal Code of 1961
29         or a similar provision of a law of another state
30         relating to reckless homicide in which the person was
31         determined to have been under the influence of alcohol,
32         other drug or drugs, or intoxicating compound or
33         compounds as an element of the offense or the person
34         has previously been convicted under subparagraph (C)

 

 

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

 

 

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1     any prosecution under this subsection (d), a certified copy
2     of the driving abstract of the defendant shall be admitted
3     as proof of any prior conviction. Any person sentenced
4     under this subsection (d) who receives a term of probation
5     or conditional discharge must serve a minimum term of
6     either 480 hours of community service or 10 days of
7     imprisonment as a condition of the probation or conditional
8     discharge. This mandatory minimum term of imprisonment or
9     assignment of community service may not be suspended or
10     reduced by the court.
11     (e) After a finding of guilt and prior to any final
12 sentencing, or an order for supervision, for an offense based
13 upon an arrest for a violation of this Section or a similar
14 provision of a local ordinance, individuals shall be required
15 to undergo a professional evaluation to determine if an
16 alcohol, drug, or intoxicating compound abuse problem exists
17 and the extent of the problem, and undergo the imposition of
18 treatment as appropriate. Programs conducting these
19 evaluations shall be licensed by the Department of Human
20 Services. The cost of any professional evaluation shall be paid
21 for by the individual required to undergo the professional
22 evaluation.
23     (e-1) Any person who is found guilty of or pleads guilty to
24 violating this Section, including any person receiving a
25 disposition of court supervision for violating this Section,
26 may be required by the Court to attend a victim impact panel
27 offered by, or under contract with, a County State's Attorney's
28 office, a probation and court services department, Mothers
29 Against Drunk Driving, or the Alliance Against Intoxicated
30 Motorists. All costs generated by the victim impact panel shall
31 be paid from fees collected from the offender or as may be
32 determined by the court.
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 expense
3 of an emergency response as provided under Section 5-5-3 of the
4 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) (Blank).
9     (i) The Secretary of State shall require the use of
10 ignition interlock devices on all vehicles owned by an
11 individual who has been convicted of a second or subsequent
12 offense of this Section or a similar provision of a local
13 ordinance. The Secretary shall establish by rule and regulation
14 the procedures for certification and use of the interlock
15 system.
16     (j) In addition to any other penalties and liabilities, a
17 person who is found guilty of or pleads guilty to violating
18 subsection (a), including any person placed on court
19 supervision for violating subsection (a), shall be fined $500,
20 payable to the circuit clerk, who shall distribute the money as
21 follows: 20% to the law enforcement agency that made the arrest
22 and 80% shall be forwarded to the State Treasurer for deposit
23 into the General Revenue Fund. If the person has been
24 previously convicted of violating subsection (a) or a similar
25 provision of a local ordinance, the fine shall be $1,000. In
26 the event that more than one agency is responsible for the
27 arrest, the amount payable to law enforcement agencies shall be
28 shared equally. Any moneys received by a law enforcement agency
29 under this subsection (j) shall be used for enforcement and
30 prevention of driving while under the influence of alcohol,
31 other drug or drugs, intoxicating compound or compounds or any
32 combination thereof, as defined by this Section, including but
33 not limited to the to purchase of law enforcement equipment and
34 commodities that will assist in the prevention of alcohol

 

 

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1 related criminal violence throughout the State; police officer
2 training and education in areas related to alcohol related
3 crime, including but not limited to DUI training; and police
4 officer salaries, including but not limited to salaries for
5 hire back funding for safety checkpoints, saturation patrols,
6 and liquor store sting operations. Equipment and commodities .
7 This shall include, but are is not limited to, in-car video
8 cameras, radar and laser speed detection devices, and alcohol
9 breath testers. Any moneys received by the Department of State
10 Police under this subsection (j) shall be deposited into the
11 State Police DUI Fund and shall be used for enforcement and
12 prevention of driving while under the influence of alcohol,
13 other drug or drugs, intoxicating compound or compounds or any
14 combination thereof, as defined by this Section, including but
15 not limited to the to purchase of law enforcement equipment and
16 commodities that will assist in the prevention of alcohol
17 related criminal violence throughout the State; police officer
18 training and education in areas related to alcohol related
19 crime, including but not limited to DUI training; and police
20 officer salaries, including but not limited to salaries for
21 hire back funding for safety checkpoints, saturation patrols,
22 and liquor store sting operations.
23     (k) The Secretary of State Police DUI Fund is created as a
24 special fund in the State treasury. All moneys received by the
25 Secretary of State Police under subsection (j) of this Section
26 shall be deposited into the Secretary of State Police DUI Fund
27 and, subject to appropriation, shall be used for enforcement
28 and prevention of driving while under the influence of alcohol,
29 other drug or drugs, intoxicating compound or compounds or any
30 combination thereof, as defined by this Section, including but
31 not limited to the to purchase of law enforcement equipment and
32 commodities to assist in the prevention of alcohol related
33 criminal violence throughout the State; police officer
34 training and education in areas related to alcohol related

 

 

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1 crime, including but not limited to DUI training; and police
2 officer salaries, including but not limited to salaries for
3 hire back funding for safety checkpoints, saturation patrols,
4 and liquor store sting operations.
5     (l) Whenever an individual is sentenced for an offense
6 based upon an arrest for a violation of subsection (a) or a
7 similar provision of a local ordinance, and the professional
8 evaluation recommends remedial or rehabilitative treatment or
9 education, neither the treatment nor the education shall be the
10 sole disposition and either or both may be imposed only in
11 conjunction with another disposition. The court shall monitor
12 compliance with any remedial education or treatment
13 recommendations contained in the professional evaluation.
14 Programs conducting alcohol or other drug evaluation or
15 remedial education must be licensed by the Department of Human
16 Services. If the individual is not a resident of Illinois,
17 however, the court may accept an alcohol or other drug
18 evaluation or remedial education program in the individual's
19 state of residence. Programs providing treatment must be
20 licensed under existing applicable alcoholism and drug
21 treatment licensure standards.
22     (m) In addition to any other fine or penalty required by
23 law, an individual convicted of a violation of subsection (a),
24 Section 5-7 of the Snowmobile Registration and Safety Act,
25 Section 5-16 of the Boat Registration and Safety Act, or a
26 similar provision, whose operation of a motor vehicle,
27 snowmobile, or watercraft while in violation of subsection (a),
28 Section 5-7 of the Snowmobile Registration and Safety Act,
29 Section 5-16 of the Boat Registration and Safety Act, or a
30 similar provision proximately caused an incident resulting in
31 an appropriate emergency response, shall be required to make
32 restitution to a public agency for the costs of that emergency
33 response. The restitution may not exceed $1,000 per public
34 agency for each emergency response. As used in this subsection

 

 

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1 (m), "emergency response" means any incident requiring a
2 response by a police officer, a firefighter carried on the
3 rolls of a regularly constituted fire department, or an
4 ambulance.
5 (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01;
6 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02;
7 92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff.
8 7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800,
9 eff. 1-1-05; 93-840, eff. 7-30-04; 93-1093, eff. 3-29-05.)
 
10     (Text of Section from P.A. 94-110)
11     Sec. 11-501. Driving while under the influence of alcohol,
12 other drug or drugs, intoxicating compound or compounds or any
13 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 or
17     breath is 0.08 or more based on the definition of blood and
18     breath units in Section 11-501.2;
19         (2) under the influence of alcohol;
20         (3) under the influence of any intoxicating compound or
21     combination of intoxicating compounds to a degree that
22     renders the person incapable of driving safely;
23         (4) under the influence of any other drug or
24     combination of drugs to a degree that renders the person
25     incapable of safely driving;
26         (5) under the combined influence of alcohol, other drug
27     or drugs, or intoxicating compound or compounds to a degree
28     that renders the person incapable of safely driving; or
29         (6) there is any amount of a drug, substance, or
30     compound in the person's breath, blood, or urine resulting
31     from the unlawful use or consumption of cannabis listed in
32     the Cannabis Control Act, a controlled substance listed in
33     the Illinois Controlled Substances Act, or an intoxicating

 

 

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1     compound listed in the Use of Intoxicating Compounds Act.
2     (b) The fact that any person charged with violating this
3 Section is or has been legally entitled to use alcohol, other
4 drug or drugs, or intoxicating compound or compounds, or any
5 combination thereof, shall not constitute a defense against any
6 charge of violating this Section.
7     (b-1) With regard to penalties imposed under this Section:
8         (1) Any reference to a prior violation of subsection
9     (a) or a similar provision includes any violation of a
10     provision of a local ordinance or a provision of a law of
11     another state that is similar to a violation of subsection
12     (a) of this Section.
13         (2) Any penalty imposed for driving with a license that
14     has been revoked for a previous violation of subsection (a)
15     of this Section shall be in addition to the penalty imposed
16     for any subsequent violation of subsection (a).
17     (b-2) Except as otherwise provided in this Section, any
18 person convicted of violating subsection (a) of this Section is
19 guilty of a Class A misdemeanor.
20     (b-3) In addition to any other criminal or administrative
21 sanction for any second conviction of violating subsection (a)
22 or a similar provision committed within 5 years of a previous
23 violation of subsection (a) or a similar provision, the
24 defendant shall be sentenced to a mandatory minimum of 5 days
25 of imprisonment or assigned a mandatory minimum of 240 hours of
26 community service as may be determined by the court.
27     (b-4) In the case of a third or subsequent violation
28 committed within 5 years of a previous violation of subsection
29 (a) or a similar provision, in addition to any other criminal
30 or administrative sanction, a mandatory minimum term of either
31 10 days of imprisonment or 480 hours of community service shall
32 be imposed.
33     (b-5) The imprisonment or assignment of community service
34 under subsections (b-3) and (b-4) shall not be subject to

 

 

09400SB1088sam001 - 16 - LRB094 04763 RLC 57764 a

1 suspension, nor shall the person be eligible for a reduced
2 sentence.
3     (c) (Blank).
4     (c-1) (1) A person who violates subsection (a) during a
5     period in which his or her driving privileges are revoked
6     or suspended, where the revocation or suspension was for a
7     violation of subsection (a), Section 11-501.1, paragraph
8     (b) of Section 11-401, or for reckless homicide as defined
9     in Section 9-3 of the Criminal Code of 1961 is guilty of a
10     Class 4 felony.
11         (2) A person who violates subsection (a) a third time,
12     if the third violation occurs during a period in which his
13     or her driving privileges are revoked or suspended where
14     the revocation or suspension was for a violation of
15     subsection (a), Section 11-501.1, paragraph (b) of Section
16     11-401, or for reckless homicide as defined in Section 9-3
17     of the Criminal Code of 1961, is guilty of a Class 3
18     felony; and if the person receives a term of probation or
19     conditional discharge, he or she shall be required to serve
20     a mandatory minimum of 10 days of imprisonment or shall be
21     assigned a mandatory minimum of 480 hours of community
22     service, as may be determined by the court, as a condition
23     of the probation or conditional discharge. This mandatory
24     minimum term of imprisonment or assignment of community
25     service shall not be suspended or reduced by the court.
26         (2.2) A person who violates subsection (a), if the
27     violation occurs during a period in which his or her
28     driving privileges are revoked or suspended where the
29     revocation or suspension was for a violation of subsection
30     (a) or Section 11-501.1, shall also be sentenced to an
31     additional mandatory minimum term of 30 consecutive days of
32     imprisonment, 40 days of 24-hour periodic imprisonment, or
33     720 hours of community service, as may be determined by the
34     court. This mandatory term of imprisonment or assignment of

 

 

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

 

 

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1     (c-8) (Blank).
2     (c-9) Any person 21 years of age or older convicted a third
3 time for violating subsection (a) or a similar provision, if at
4 the time of the third violation the person was transporting a
5 person under the age of 16, is guilty of a Class 4 felony and is
6 subject to 18 months of imprisonment, a mandatory fine of
7 $2,500, and 25 days of community service in a program
8 benefiting children. The imprisonment or assignment of
9 community service under this subsection (c-9) is not subject to
10 suspension, nor is the person eligible for a reduced sentence.
11     (c-10) Any person 21 years of age or older convicted of
12 violating subsection (c-9) or a similar provision a third time
13 within 20 years of a previous violation of subsection (a) or a
14 similar provision is guilty of a Class 3 felony and, in
15 addition to any other penalty imposed, is subject to 3 years of
16 imprisonment, 25 days of community service in a program
17 benefiting children, and a mandatory fine of $25,000. The
18 imprisonment or assignment of community service under this
19 subsection (c-10) is not subject to suspension, nor is the
20 person eligible for a reduced sentence.
21     (c-11) Any person 21 years of age or older convicted a
22 fourth or subsequent time for violating subsection (a) or a
23 similar provision, if at the time of the fourth or subsequent
24 violation the person was transporting a person under the age of
25 16, and if the person's 3 prior violations of subsection (a) or
26 a similar provision occurred while transporting a person under
27 the age of 16 or while the alcohol concentration in his or her
28 blood, breath, or urine was 0.16 or more based on the
29 definition of blood, breath, or urine units in Section
30 11-501.2, is guilty of a Class 2 felony, is not eligible for
31 probation or conditional discharge, and is subject to a minimum
32 fine of $25,000.
33     (c-12) Any person convicted of a first violation of
34 subsection (a) or a similar provision, if the alcohol

 

 

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1 concentration in his or her blood, breath, or urine was 0.16 or
2 more based on the definition of blood, breath, or urine units
3 in Section 11-501.2, shall be subject, in addition to any other
4 penalty that may be imposed, to a mandatory minimum of 100
5 hours of community service and a mandatory minimum fine of
6 $500.
7     (c-13) Any person convicted of a second violation of
8 subsection (a) or a similar provision committed within 10 years
9 of a previous violation of subsection (a) or a similar
10 provision, if at the time of the second violation of subsection
11 (a) or a similar provision the alcohol concentration in his or
12 her blood, breath, or urine was 0.16 or more based on the
13 definition of blood, breath, or urine units in Section
14 11-501.2, shall be subject, in addition to any other penalty
15 that may be imposed, to a mandatory minimum of 2 days of
16 imprisonment and a mandatory minimum fine of $1,250.
17     (c-14) Any person convicted of a third violation of
18 subsection (a) or a similar provision within 20 years of a
19 previous violation of subsection (a) or a similar provision, if
20 at the time of the third violation of subsection (a) or a
21 similar provision the alcohol concentration in his or her
22 blood, breath, or urine was 0.16 or more based on the
23 definition of blood, breath, or urine units in Section
24 11-501.2, is guilty of a Class 4 felony and shall be subject,
25 in addition to any other penalty that may be imposed, to a
26 mandatory minimum of 90 days of imprisonment and a mandatory
27 minimum fine of $2,500.
28     (c-15) Any person convicted of a fourth or subsequent
29 violation of subsection (a) or a similar provision, if at the
30 time of the fourth or subsequent violation the alcohol
31 concentration in his or her blood, breath, or urine was 0.16 or
32 more based on the definition of blood, breath, or urine units
33 in Section 11-501.2, and if the person's 3 prior violations of
34 subsection (a) or a similar provision occurred while

 

 

09400SB1088sam001 - 21 - LRB094 04763 RLC 57764 a

1 transporting a person under the age of 16 or while the alcohol
2 concentration in his or her blood, breath, or urine was 0.16 or
3 more based on the definition of blood, breath, or urine units
4 in Section 11-501.2, is guilty of a Class 2 felony and is not
5 eligible for a sentence of probation or conditional discharge
6 and is subject to a minimum fine of $2,500.
7     (d) (1) Every person convicted of committing a violation of
8     this Section shall be guilty of aggravated driving under
9     the influence of alcohol, other drug or drugs, or
10     intoxicating compound or compounds, or any combination
11     thereof if:
12             (A) the person committed a violation of subsection
13         (a) or a similar provision for the third or subsequent
14         time;
15             (B) the person committed a violation of subsection
16         (a) while driving a school bus with persons 18 years of
17         age or younger on board;
18             (C) the person in committing a violation of
19         subsection (a) was involved in a motor vehicle accident
20         that resulted in great bodily harm or permanent
21         disability or disfigurement to another, when the
22         violation was a proximate cause of the injuries;
23             (D) the person committed a violation of subsection
24         (a) for a second time and has been previously convicted
25         of violating Section 9-3 of the Criminal Code of 1961
26         or a similar provision of a law of another state
27         relating to reckless homicide in which the person was
28         determined to have been under the influence of alcohol,
29         other drug or drugs, or intoxicating compound or
30         compounds as an element of the offense or the person
31         has previously been convicted under subparagraph (C)
32         or subparagraph (F) of this paragraph (1);
33             (E) the person, in committing a violation of
34         subsection (a) while driving at any speed in a school

 

 

09400SB1088sam001 - 22 - LRB094 04763 RLC 57764 a

1         speed zone at a time when a speed limit of 20 miles per
2         hour was in effect under subsection (a) of Section
3         11-605 of this Code, was involved in a motor vehicle
4         accident that resulted in bodily harm, other than great
5         bodily harm or permanent disability or disfigurement,
6         to another person, when the violation of subsection (a)
7         was a proximate cause of the bodily harm; or
8             (F) the person, in committing a violation of
9         subsection (a), was involved in a motor vehicle,
10         snowmobile, all-terrain vehicle, or watercraft
11         accident that resulted in the death of another person,
12         when the violation of subsection (a) was a proximate
13         cause of the death.
14         (2) Except as provided in this paragraph (2), a person
15     convicted of aggravated driving under the influence of
16     alcohol, other drug or drugs, or intoxicating compound or
17     compounds, or any combination thereof is guilty of a Class
18     4 felony. For a violation of subparagraph (C) of paragraph
19     (1) of this subsection (d), the defendant, if sentenced to
20     a term of imprisonment, shall be sentenced to not less than
21     one year nor more than 12 years. Aggravated driving under
22     the influence of alcohol, other drug or drugs, or
23     intoxicating compound or compounds, or any combination
24     thereof as defined in subparagraph (F) of paragraph (1) of
25     this subsection (d) is a Class 2 felony, for which the
26     defendant, if sentenced to a term of imprisonment, shall be
27     sentenced to: (A) a term of imprisonment of not less than 3
28     years and not more than 14 years if the violation resulted
29     in the death of one person; or (B) a term of imprisonment
30     of not less than 6 years and not more than 28 years if the
31     violation resulted in the deaths of 2 or more persons. For
32     any prosecution under this subsection (d), a certified copy
33     of the driving abstract of the defendant shall be admitted
34     as proof of any prior conviction. Any person sentenced

 

 

09400SB1088sam001 - 23 - LRB094 04763 RLC 57764 a

1     under this subsection (d) who receives a term of probation
2     or conditional discharge must serve a minimum term of
3     either 480 hours of community service or 10 days of
4     imprisonment as a condition of the probation or conditional
5     discharge. This mandatory minimum term of imprisonment or
6     assignment of community service may not be suspended or
7     reduced by the court.
8     (e) After a finding of guilt and prior to any final
9 sentencing, or an order for supervision, for an offense based
10 upon an arrest for a violation of this Section or a similar
11 provision of a local ordinance, individuals shall be required
12 to undergo a professional evaluation to determine if an
13 alcohol, drug, or intoxicating compound abuse problem exists
14 and the extent of the problem, and undergo the imposition of
15 treatment as appropriate. Programs conducting these
16 evaluations shall be licensed by the Department of Human
17 Services. The cost of any professional evaluation shall be paid
18 for by the individual required to undergo the professional
19 evaluation.
20     (e-1) Any person who is found guilty of or pleads guilty to
21 violating this Section, including any person receiving a
22 disposition of court supervision for violating this Section,
23 may be required by the Court to attend a victim impact panel
24 offered by, or under contract with, a County State's Attorney's
25 office, a probation and court services department, Mothers
26 Against Drunk Driving, or the Alliance Against Intoxicated
27 Motorists. All costs generated by the victim impact panel shall
28 be paid from fees collected from the offender or as may be
29 determined by the court.
30     (f) Every person found guilty of violating this Section,
31 whose operation of a motor vehicle while in violation of this
32 Section proximately caused any incident resulting in an
33 appropriate emergency response, shall be liable for the expense
34 of an emergency response as provided under Section 5-5-3 of the

 

 

09400SB1088sam001 - 24 - LRB094 04763 RLC 57764 a

1 Unified Code of Corrections.
2     (g) The Secretary of State shall revoke the driving
3 privileges of any person convicted under this Section or a
4 similar provision of a local ordinance.
5     (h) (Blank).
6     (i) The Secretary of State shall require the use of
7 ignition interlock devices on all vehicles owned by an
8 individual who has been convicted of a second or subsequent
9 offense of this Section or a similar provision of a local
10 ordinance. The Secretary shall establish by rule and regulation
11 the procedures for certification and use of the interlock
12 system.
13     (j) In addition to any other penalties and liabilities, a
14 person who is found guilty of or pleads guilty to violating
15 subsection (a), including any person placed on court
16 supervision for violating subsection (a), shall be fined $500,
17 payable to the circuit clerk, who shall distribute the money as
18 follows: 20% to the law enforcement agency that made the arrest
19 and 80% shall be forwarded to the State Treasurer for deposit
20 into the General Revenue Fund. If the person has been
21 previously convicted of violating subsection (a) or a similar
22 provision of a local ordinance, the fine shall be $1,000. In
23 the event that more than one agency is responsible for the
24 arrest, the amount payable to law enforcement agencies shall be
25 shared equally. Any moneys received by a law enforcement agency
26 under this subsection (j) shall be used for enforcement and
27 prevention of driving while under the influence of alcohol,
28 other drug or drugs, intoxicating compound or compounds or any
29 combination thereof, as defined by this Section, including but
30 not limited to the to purchase of law enforcement equipment and
31 commodities that will assist in the prevention of alcohol
32 related criminal violence throughout the State; police officer
33 training and education in areas related to alcohol related
34 crime, including but not limited to DUI training; and police

 

 

09400SB1088sam001 - 25 - LRB094 04763 RLC 57764 a

1 officer salaries, including but not limited to salaries for
2 hire back funding for safety checkpoints, saturation patrols,
3 and liquor store sting operations. Equipment and commodities .
4 This shall include, but are is not limited to, in-car video
5 cameras, radar and laser speed detection devices, and alcohol
6 breath 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 for enforcement and
9 prevention of driving while under the influence of alcohol,
10 other drug or drugs, intoxicating compound or compounds or any
11 combination thereof, as defined by this Section, including but
12 not limited to the to purchase of law enforcement equipment and
13 commodities that will assist in the prevention of alcohol
14 related criminal violence throughout the State; police officer
15 training and education in areas related to alcohol related
16 crime, including but not limited to DUI training; and police
17 officer salaries, including but not limited to salaries for
18 hire back funding for safety checkpoints, saturation patrols,
19 and liquor store sting operations.
20     (k) The Secretary of State Police DUI Fund is created as a
21 special fund in the State treasury. All moneys received by the
22 Secretary of State Police under subsection (j) of this Section
23 shall be deposited into the Secretary of State Police DUI Fund
24 and, subject to appropriation, shall be used for enforcement
25 and prevention of driving while under the influence of alcohol,
26 other drug or drugs, intoxicating compound or compounds or any
27 combination thereof, as defined by this Section, including but
28 not limited to the to purchase of law enforcement equipment and
29 commodities to assist in the prevention of alcohol related
30 criminal violence throughout the State; police officer
31 training and education in areas related to alcohol related
32 crime, including but not limited to DUI training; and police
33 officer salaries, including but not limited to salaries for
34 hire back funding for safety checkpoints, saturation patrols,

 

 

09400SB1088sam001 - 26 - LRB094 04763 RLC 57764 a

1 and liquor store sting operations.
2     (l) Whenever an individual is sentenced for an offense
3 based upon an arrest for a violation of subsection (a) or a
4 similar provision of a local ordinance, and the professional
5 evaluation recommends remedial or rehabilitative treatment or
6 education, neither the treatment nor the education shall be the
7 sole disposition and either or both may be imposed only in
8 conjunction with another disposition. The court shall monitor
9 compliance with any remedial education or treatment
10 recommendations contained in the professional evaluation.
11 Programs conducting alcohol or other drug evaluation or
12 remedial education must be licensed by the Department of Human
13 Services. If the individual is not a resident of Illinois,
14 however, the court may accept an alcohol or other drug
15 evaluation or remedial education program in the individual's
16 state of residence. Programs providing treatment must be
17 licensed under existing applicable alcoholism and drug
18 treatment licensure standards.
19     (m) In addition to any other fine or penalty required by
20 law, an individual convicted of a violation of subsection (a),
21 Section 5-7 of the Snowmobile Registration and Safety Act,
22 Section 5-16 of the Boat Registration and Safety Act, or a
23 similar provision, whose operation of a motor vehicle,
24 snowmobile, or watercraft while in violation of subsection (a),
25 Section 5-7 of the Snowmobile Registration and Safety Act,
26 Section 5-16 of the Boat Registration and Safety Act, or a
27 similar provision proximately caused an incident resulting in
28 an appropriate emergency response, shall be required to make
29 restitution to a public agency for the costs of that emergency
30 response. The restitution may not exceed $1,000 per public
31 agency for each emergency response. As used in this subsection
32 (m), "emergency response" means any incident requiring a
33 response by a police officer, a firefighter carried on the
34 rolls of a regularly constituted fire department, or an

 

 

09400SB1088sam001 - 27 - LRB094 04763 RLC 57764 a

1 ambulance.
2 (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03;
3 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05;
4 93-840, eff. 7-30-04; 94-110, eff. 1-1-06.)
 
5     (Text of Section from P.A. 94-113 and 94-609)
6     Sec. 11-501. Driving while under the influence of alcohol,
7 other drug or drugs, intoxicating compound or compounds or any
8 combination thereof.
9     (a) A person shall not drive or be in actual physical
10 control of any vehicle within this State while:
11         (1) the alcohol concentration in the person's blood or
12     breath is 0.08 or more based on the definition of blood and
13     breath units in Section 11-501.2;
14         (2) under the influence of alcohol;
15         (3) under the influence of any intoxicating compound or
16     combination of intoxicating compounds to a degree that
17     renders the person incapable of driving safely;
18         (4) under the influence of any other drug or
19     combination of drugs to a degree that renders the person
20     incapable of safely driving;
21         (5) under the combined influence of alcohol, other drug
22     or drugs, or intoxicating compound or compounds to a degree
23     that renders the person incapable of safely driving; or
24         (6) there is any amount of a drug, substance, or
25     compound in the person's breath, blood, or urine resulting
26     from the unlawful use or consumption of cannabis listed in
27     the Cannabis Control Act, a controlled substance listed in
28     the Illinois Controlled Substances Act, or an intoxicating
29     compound listed in the Use of Intoxicating Compounds Act.
30     (b) The fact that any person charged with violating this
31 Section is or has been legally entitled to use alcohol, other
32 drug or drugs, or intoxicating compound or compounds, or any
33 combination thereof, shall not constitute a defense against any

 

 

09400SB1088sam001 - 28 - LRB094 04763 RLC 57764 a

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

 

 

09400SB1088sam001 - 29 - LRB094 04763 RLC 57764 a

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

 

 

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1     additional mandatory minimum term of 30 consecutive days of
2     imprisonment, 40 days of 24-hour periodic imprisonment, or
3     720 hours of community service, as may be determined by the
4     court. This mandatory term of imprisonment or assignment of
5     community service shall not be suspended or reduced by the
6     court.
7         (3) A person who violates subsection (a) a fourth or
8     subsequent time, if the fourth or subsequent violation
9     occurs during a period in which his or her driving
10     privileges are revoked or suspended where the revocation or
11     suspension was for a violation of subsection (a), Section
12     11-501.1, paragraph (b) of Section 11-401, or for reckless
13     homicide as defined in Section 9-3 of the Criminal Code of
14     1961, is guilty of a Class 2 felony and is not eligible for
15     a sentence of probation or conditional discharge.
16     (c-2) (Blank).
17     (c-3) (Blank).
18     (c-4) (Blank).
19     (c-5) A person who violates subsection (a), if the person
20 was transporting a person under the age of 16 at the time of
21 the violation, is subject to an additional mandatory minimum
22 fine of $1,000, an additional mandatory minimum 140 hours of
23 community service, which shall include 40 hours of community
24 service in a program benefiting children, and an additional 2
25 days of imprisonment. The imprisonment or assignment of
26 community service under this subsection (c-5) is not subject to
27 suspension, nor is the person eligible for a reduced sentence.
28     (c-6) Except as provided in subsections (c-7) and (c-8) a
29 person who violates subsection (a) a second time, if at the
30 time of the second violation the person was transporting a
31 person under the age of 16, is subject to an additional 10 days
32 of imprisonment, an additional mandatory minimum fine of
33 $1,000, and an additional mandatory minimum 140 hours of
34 community service, which shall include 40 hours of community

 

 

09400SB1088sam001 - 31 - LRB094 04763 RLC 57764 a

1 service in a program benefiting children. The imprisonment or
2 assignment of community service under this subsection (c-6) is
3 not subject to suspension, nor is the person eligible for a
4 reduced sentence.
5     (c-7) Except as provided in subsection (c-8), any person
6 convicted of violating subsection (c-6) or a similar provision
7 within 10 years of a previous violation of subsection (a) or a
8 similar provision shall receive, in addition to any other
9 penalty imposed, a mandatory minimum 12 days imprisonment, an
10 additional 40 hours of mandatory community service in a program
11 benefiting children, and a mandatory minimum fine of $1,750.
12 The imprisonment or assignment of community service under this
13 subsection (c-7) is not subject to suspension, nor is the
14 person eligible for a reduced sentence.
15     (c-8) Any person convicted of violating subsection (c-6) or
16 a similar provision within 5 years of a previous violation of
17 subsection (a) or a similar provision shall receive, in
18 addition to any other penalty imposed, an additional 80 hours
19 of mandatory community service in a program benefiting
20 children, an additional mandatory minimum 12 days of
21 imprisonment, and a mandatory minimum fine of $1,750. The
22 imprisonment or assignment of community service under this
23 subsection (c-8) is not subject to suspension, nor is the
24 person eligible for a reduced sentence.
25     (c-9) Any person convicted a third time for violating
26 subsection (a) or a similar provision, if at the time of the
27 third violation the person was transporting a person under the
28 age of 16, is guilty of a Class 4 felony and shall receive, in
29 addition to any other penalty imposed, an additional mandatory
30 fine of $1,000, an additional mandatory 140 hours of community
31 service, which shall include 40 hours in a program benefiting
32 children, and a mandatory minimum 30 days of imprisonment. The
33 imprisonment or assignment of community service under this
34 subsection (c-9) is not subject to suspension, nor is the

 

 

09400SB1088sam001 - 32 - LRB094 04763 RLC 57764 a

1 person eligible for a reduced sentence.
2     (c-10) Any person convicted of violating subsection (c-9)
3 or a similar provision a third time within 20 years of a
4 previous violation of subsection (a) or a similar provision is
5 guilty of a Class 4 felony and shall receive, in addition to
6 any other penalty imposed, an additional mandatory 40 hours of
7 community service in a program benefiting children, an
8 additional mandatory fine of $3,000, and a mandatory minimum
9 120 days of imprisonment. The imprisonment or assignment of
10 community service under this subsection (c-10) is not subject
11 to suspension, nor is the person eligible for a reduced
12 sentence.
13     (c-11) Any person convicted a fourth or subsequent time for
14 violating subsection (a) or a similar provision, if at the time
15 of the fourth or subsequent violation the person was
16 transporting a person under the age of 16, and if the person's
17 3 prior violations of subsection (a) or a similar provision
18 occurred while transporting a person under the age of 16 or
19 while the alcohol concentration in his or her blood, breath, or
20 urine was 0.16 or more based on the definition of blood,
21 breath, or urine units in Section 11-501.2, is guilty of a
22 Class 2 felony, is not eligible for probation or conditional
23 discharge, and is subject to a minimum fine of $3,000.
24     (c-12) Any person convicted of a first violation of
25 subsection (a) or a similar provision, if the alcohol
26 concentration in his or her blood, breath, or urine was 0.16 or
27 more based on the definition of blood, breath, or urine units
28 in Section 11-501.2, shall be subject, in addition to any other
29 penalty that may be imposed, to a mandatory minimum of 100
30 hours of community service and a mandatory minimum fine of
31 $500.
32     (c-13) Any person convicted of a second violation of
33 subsection (a) or a similar provision committed within 10 years
34 of a previous violation of subsection (a) or a similar

 

 

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1 provision committed within 10 years of a previous violation of
2 subsection (a) or a similar provision, if at the time of the
3 second violation of subsection (a) the alcohol concentration in
4 his or her blood, breath, or urine was 0.16 or more based on
5 the definition of blood, breath, or urine units in Section
6 11-501.2, shall be subject, in addition to any other penalty
7 that may be imposed, to a mandatory minimum of 2 days of
8 imprisonment and a mandatory minimum fine of $1,250.
9     (c-14) Any person convicted of a third violation of
10 subsection (a) or a similar provision within 20 years of a
11 previous violation of subsection (a) or a similar provision, if
12 at the time of the third violation of subsection (a) or a
13 similar provision the alcohol concentration in his or her
14 blood, breath, or urine was 0.16 or more based on the
15 definition of blood, breath, or urine units in Section
16 11-501.2, is guilty of a Class 4 felony and shall be subject,
17 in addition to any other penalty that may be imposed, to a
18 mandatory minimum of 90 days of imprisonment and a mandatory
19 minimum fine of $2,500.
20     (c-15) Any person convicted of a fourth or subsequent
21 violation of subsection (a) or a similar provision, if at the
22 time of the fourth or subsequent violation the alcohol
23 concentration in his or her blood, breath, or urine was 0.16 or
24 more based on the definition of blood, breath, or urine units
25 in Section 11-501.2, and if the person's 3 prior violations of
26 subsection (a) or a similar provision occurred while
27 transporting a person under the age of 16 or while the alcohol
28 concentration in his or her blood, breath, or urine was 0.16 or
29 more based on the definition of blood, breath, or urine units
30 in Section 11-501.2, is guilty of a Class 2 felony and is not
31 eligible for a sentence of probation or conditional discharge
32 and is subject to a minimum fine of $2,500.
33     (d) (1) Every person convicted of committing a violation of
34     this Section shall be guilty of aggravated driving under

 

 

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1     the influence of alcohol, other drug or drugs, or
2     intoxicating compound or compounds, or any combination
3     thereof if:
4             (A) the person committed a violation of subsection
5         (a) or a similar provision for the third or subsequent
6         time;
7             (B) the person committed a violation of subsection
8         (a) while driving a school bus with persons 18 years of
9         age or younger on board;
10             (C) the person in committing a violation of
11         subsection (a) was involved in a motor vehicle accident
12         that resulted in great bodily harm or permanent
13         disability or disfigurement to another, when the
14         violation was a proximate cause of the injuries;
15             (D) the person committed a violation of subsection
16         (a) for a second time and has been previously convicted
17         of violating Section 9-3 of the Criminal Code of 1961
18         or a similar provision of a law of another state
19         relating to reckless homicide in which the person was
20         determined to have been under the influence of alcohol,
21         other drug or drugs, or intoxicating compound or
22         compounds as an element of the offense or the person
23         has previously been convicted under subparagraph (C)
24         or subparagraph (F) of this paragraph (1);
25             (E) the person, in committing a violation of
26         subsection (a) while driving at any speed in a school
27         speed zone at a time when a speed limit of 20 miles per
28         hour was in effect under subsection (a) of Section
29         11-605 of this Code, was involved in a motor vehicle
30         accident that resulted in bodily harm, other than great
31         bodily harm or permanent disability or disfigurement,
32         to another person, when the violation of subsection (a)
33         was a proximate cause of the bodily harm; or
34             (F) the person, in committing a violation of

 

 

09400SB1088sam001 - 35 - LRB094 04763 RLC 57764 a

1         subsection (a), was involved in a motor vehicle,
2         snowmobile, all-terrain vehicle, or watercraft
3         accident that resulted in the death of another person,
4         when the violation of subsection (a) was a proximate
5         cause of the death.
6         (2) Except as provided in this paragraph (2), a person
7     convicted of aggravated driving under the influence of
8     alcohol, other drug or drugs, or intoxicating compound or
9     compounds, or any combination thereof is guilty of a Class
10     4 felony. For a violation of subparagraph (C) of paragraph
11     (1) of this subsection (d), the defendant, if sentenced to
12     a term of imprisonment, shall be sentenced to not less than
13     one year nor more than 12 years. Aggravated driving under
14     the influence of alcohol, other drug or drugs, or
15     intoxicating compound or compounds, or any combination
16     thereof as defined in subparagraph (F) of paragraph (1) of
17     this subsection (d) is a Class 2 felony, for which the
18     defendant, unless the court determines that extraordinary
19     circumstances exist and require probation, shall be
20     sentenced to: (A) a term of imprisonment of not less than 3
21     years and not more than 14 years if the violation resulted
22     in the death of one person; or (B) a term of imprisonment
23     of not less than 6 years and not more than 28 years if the
24     violation resulted in the deaths of 2 or more persons. For
25     any prosecution under this subsection (d), a certified copy
26     of the driving abstract of the defendant shall be admitted
27     as proof of any prior conviction. Any person sentenced
28     under this subsection (d) who receives a term of probation
29     or conditional discharge must serve a minimum term of
30     either 480 hours of community service or 10 days of
31     imprisonment as a condition of the probation or conditional
32     discharge. This mandatory minimum term of imprisonment or
33     assignment of community service may not be suspended or
34     reduced by the court.

 

 

09400SB1088sam001 - 36 - LRB094 04763 RLC 57764 a

1     (e) After a finding of guilt and prior to any final
2 sentencing, or an order for supervision, for an offense based
3 upon an arrest for a violation of this Section or a similar
4 provision of a local ordinance, individuals shall be required
5 to undergo a professional evaluation to determine if an
6 alcohol, drug, or intoxicating compound abuse problem exists
7 and the extent of the problem, and undergo the imposition of
8 treatment as appropriate. Programs conducting these
9 evaluations shall be licensed by the Department of Human
10 Services. The cost of any professional evaluation shall be paid
11 for by the individual required to undergo the professional
12 evaluation.
13     (e-1) Any person who is found guilty of or pleads guilty to
14 violating this Section, including any person receiving a
15 disposition of court supervision for violating this Section,
16 may be required by the Court to attend a victim impact panel
17 offered by, or under contract with, a County State's Attorney's
18 office, a probation and court services department, Mothers
19 Against Drunk Driving, or the Alliance Against Intoxicated
20 Motorists. All costs generated by the victim impact panel shall
21 be paid from fees collected from the offender or as may be
22 determined by the court.
23     (f) Every person found guilty of violating this Section,
24 whose operation of a motor vehicle while in violation of this
25 Section proximately caused any incident resulting in an
26 appropriate emergency response, shall be liable for the expense
27 of an emergency response as provided under Section 5-5-3 of the
28 Unified Code of Corrections.
29     (g) The Secretary of State shall revoke the driving
30 privileges of any person convicted under this Section or a
31 similar provision of a local ordinance.
32     (h) (Blank).
33     (i) The Secretary of State shall require the use of
34 ignition interlock devices on all vehicles owned by an

 

 

09400SB1088sam001 - 37 - LRB094 04763 RLC 57764 a

1 individual who has been convicted of a second or subsequent
2 offense of this Section or a similar provision of a local
3 ordinance. The Secretary shall establish by rule and regulation
4 the procedures for certification and use of the interlock
5 system.
6     (j) In addition to any other penalties and liabilities, a
7 person who is found guilty of or pleads guilty to violating
8 subsection (a), including any person placed on court
9 supervision for violating subsection (a), shall be fined $500,
10 payable to the circuit clerk, who shall distribute the money as
11 follows: 20% to the law enforcement agency that made the arrest
12 and 80% shall be forwarded to the State Treasurer for deposit
13 into the General Revenue Fund. If the person has been
14 previously convicted of violating subsection (a) or a similar
15 provision of a local ordinance, the fine shall be $1,000. In
16 the event that more than one agency is responsible for the
17 arrest, the amount payable to law enforcement agencies shall be
18 shared equally. Any moneys received by a law enforcement agency
19 under this subsection (j) shall be used for enforcement and
20 prevention of driving while under the influence of alcohol,
21 other drug or drugs, intoxicating compound or compounds or any
22 combination thereof, as defined by this Section, including but
23 not limited to the to purchase of law enforcement equipment and
24 commodities that will assist in the prevention of alcohol
25 related criminal violence throughout the State; police officer
26 training and education in areas related to alcohol related
27 crime, including but not limited to DUI training; and police
28 officer salaries, including but not limited to salaries for
29 hire back funding for safety checkpoints, saturation patrols,
30 and liquor store sting operations. Equipment and commodities .
31 This shall include, but are is not limited to, in-car video
32 cameras, radar and laser speed detection devices, and alcohol
33 breath testers. Any moneys received by the Department of State
34 Police under this subsection (j) shall be deposited into the

 

 

09400SB1088sam001 - 38 - LRB094 04763 RLC 57764 a

1 State Police DUI Fund and shall be used for enforcement and
2 prevention of driving while under the influence of alcohol,
3 other drug or drugs, intoxicating compound or compounds or any
4 combination thereof, as defined by this Section, including but
5 not limited to the to purchase of law enforcement equipment and
6 commodities that will assist in the prevention of alcohol
7 related criminal violence throughout the State; police officer
8 training and education in areas related to alcohol related
9 crime, including but not limited to DUI training; and police
10 officer salaries, including but not limited to salaries for
11 hire back funding for safety checkpoints, saturation patrols,
12 and liquor store sting operations.
13     (k) The Secretary of State Police DUI Fund is created as a
14 special fund in the State treasury. All moneys received by the
15 Secretary of State Police under subsection (j) of this Section
16 shall be deposited into the Secretary of State Police DUI Fund
17 and, subject to appropriation, shall be used for enforcement
18 and prevention of driving while under the influence of alcohol,
19 other drug or drugs, intoxicating compound or compounds or any
20 combination thereof, as defined by this Section, including but
21 not limited to the to purchase of law enforcement equipment and
22 commodities to assist in the prevention of alcohol related
23 criminal violence throughout the State; police officer
24 training and education in areas related to alcohol related
25 crime, including but not limited to DUI training; and police
26 officer salaries, including but not limited to salaries for
27 hire back funding for safety checkpoints, saturation patrols,
28 and liquor store sting operations.
29     (l) Whenever an individual is sentenced for an offense
30 based upon an arrest for a violation of subsection (a) or a
31 similar provision of a local ordinance, and the professional
32 evaluation recommends remedial or rehabilitative treatment or
33 education, neither the treatment nor the education shall be the
34 sole disposition and either or both may be imposed only in

 

 

09400SB1088sam001 - 39 - LRB094 04763 RLC 57764 a

1 conjunction with another disposition. The court shall monitor
2 compliance with any remedial education or treatment
3 recommendations contained in the professional evaluation.
4 Programs conducting alcohol or other drug evaluation or
5 remedial education must be licensed by the Department of Human
6 Services. If the individual is not a resident of Illinois,
7 however, the court may accept an alcohol or other drug
8 evaluation or remedial education program in the individual's
9 state of residence. Programs providing treatment must be
10 licensed under existing applicable alcoholism and drug
11 treatment licensure standards.
12     (m) In addition to any other fine or penalty required by
13 law, an individual convicted of a violation of subsection (a),
14 Section 5-7 of the Snowmobile Registration and Safety Act,
15 Section 5-16 of the Boat Registration and Safety Act, or a
16 similar provision, whose operation of a motor vehicle,
17 snowmobile, or watercraft while in violation of subsection (a),
18 Section 5-7 of the Snowmobile Registration and Safety Act,
19 Section 5-16 of the Boat Registration and Safety Act, or a
20 similar provision proximately caused an incident resulting in
21 an appropriate emergency response, shall be required to make
22 restitution to a public agency for the costs of that emergency
23 response. The restitution may not exceed $1,000 per public
24 agency for each emergency response. As used in this subsection
25 (m), "emergency response" means any incident requiring a
26 response by a police officer, a firefighter carried on the
27 rolls of a regularly constituted fire department, or an
28 ambulance.
29 (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03;
30 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05;
31 93-840, eff. 7-30-04; 94-113, eff. 1-1-06; 94-609, eff.
32 1-1-06.)
 
33     (Text of Section from P.A. 94-114)

 

 

09400SB1088sam001 - 40 - LRB094 04763 RLC 57764 a

1     Sec. 11-501. Driving while under the influence of alcohol,
2 other drug or drugs, intoxicating compound or compounds or any
3 combination thereof.
4     (a) A person shall not drive or be in actual physical
5 control of any vehicle within this State while:
6         (1) the alcohol concentration in the person's blood or
7     breath is 0.08 or more based on the definition of blood and
8     breath units in Section 11-501.2;
9         (2) under the influence of alcohol;
10         (3) under the influence of any intoxicating compound or
11     combination of intoxicating compounds to a degree that
12     renders the person incapable of driving safely;
13         (4) under the influence of any other drug or
14     combination of drugs to a degree that renders the person
15     incapable of safely driving;
16         (5) under the combined influence of alcohol, other drug
17     or drugs, or intoxicating compound or compounds to a degree
18     that renders the person incapable of safely driving; or
19         (6) there is any amount of a drug, substance, or
20     compound in the person's breath, blood, or urine resulting
21     from the unlawful use or consumption of cannabis listed in
22     the Cannabis Control Act, a controlled substance listed in
23     the Illinois Controlled Substances Act, or an intoxicating
24     compound listed in the Use of Intoxicating Compounds Act.
25     (b) The fact that any person charged with violating this
26 Section is or has been legally entitled to use alcohol, other
27 drug or drugs, or intoxicating compound or compounds, or any
28 combination thereof, shall not constitute a defense against any
29 charge of violating this Section.
30     (b-1) With regard to penalties imposed under this Section:
31         (1) Any reference to a prior violation of subsection
32     (a) or a similar provision includes any violation of a
33     provision of a local ordinance or a provision of a law of
34     another state that is similar to a violation of subsection

 

 

09400SB1088sam001 - 41 - LRB094 04763 RLC 57764 a

1     (a) of this Section.
2         (2) Any penalty imposed for driving with a license that
3     has been revoked for a previous violation of subsection (a)
4     of this Section shall be in addition to the penalty imposed
5     for any subsequent violation of subsection (a).
6     (b-2) Except as otherwise provided in this Section, any
7 person convicted of violating subsection (a) of this Section is
8 guilty of a Class A misdemeanor.
9     (b-3) In addition to any other criminal or administrative
10 sanction for any second conviction of violating subsection (a)
11 or a similar provision committed within 5 years of a previous
12 violation of subsection (a) or a similar provision, the
13 defendant shall be sentenced to a mandatory minimum of 5 days
14 of imprisonment or assigned a mandatory minimum of 240 hours of
15 community service as may be determined by the court.
16     (b-4) In the case of a third or subsequent violation
17 committed within 5 years of a previous violation of subsection
18 (a) or a similar provision, in addition to any other criminal
19 or administrative sanction, a mandatory minimum term of either
20 10 days of imprisonment or 480 hours of community service shall
21 be imposed.
22     (b-5) The imprisonment or assignment of community service
23 under subsections (b-3) and (b-4) shall not be subject to
24 suspension, nor shall the person be eligible for a reduced
25 sentence.
26     (c) (Blank).
27     (c-1) (1) A person who violates subsection (a) during a
28     period in which his or her driving privileges are revoked
29     or suspended, where the revocation or suspension was for a
30     violation of subsection (a), Section 11-501.1, paragraph
31     (b) of Section 11-401, or for reckless homicide as defined
32     in Section 9-3 of the Criminal Code of 1961 is guilty of a
33     Class 4 felony.
34         (2) A person who violates subsection (a) a third time,

 

 

09400SB1088sam001 - 42 - LRB094 04763 RLC 57764 a

1     if the third violation occurs during a period in which his
2     or her driving privileges are revoked or suspended where
3     the revocation or suspension was for a violation of
4     subsection (a), Section 11-501.1, paragraph (b) of Section
5     11-401, or for reckless homicide as defined in Section 9-3
6     of the Criminal Code of 1961, is guilty of a Class 3
7     felony.
8         (2.1) A person who violates subsection (a) a third
9     time, if the third violation occurs during a period in
10     which his or her driving privileges are revoked or
11     suspended where the revocation or suspension was for a
12     violation of subsection (a), Section 11-501.1, subsection
13     (b) of Section 11-401, or for reckless homicide as defined
14     in Section 9-3 of the Criminal Code of 1961, is guilty of a
15     Class 3 felony; and if the person receives a term of
16     probation or conditional discharge, he or she shall be
17     required to serve a mandatory minimum of 10 days of
18     imprisonment or shall be assigned a mandatory minimum of
19     480 hours of community service, as may be determined by the
20     court, as a condition of the probation or conditional
21     discharge. This mandatory minimum term of imprisonment or
22     assignment of community service shall not be suspended or
23     reduced by the court.
24         (2.2) A person who violates subsection (a), if the
25     violation occurs during a period in which his or her
26     driving privileges are revoked or suspended where the
27     revocation or suspension was for a violation of subsection
28     (a) or Section 11-501.1, shall also be sentenced to an
29     additional mandatory minimum term of 30 consecutive days of
30     imprisonment, 40 days of 24-hour periodic imprisonment, or
31     720 hours of community service, as may be determined by the
32     court. This mandatory term of imprisonment or assignment of
33     community service shall not be suspended or reduced by the
34     court.

 

 

09400SB1088sam001 - 43 - LRB094 04763 RLC 57764 a

1         (3) A person who violates subsection (a) a fourth or
2     fifth time, if the fourth or fifth violation occurs during
3     a period in which his or her driving privileges are revoked
4     or suspended where the revocation or suspension was for a
5     violation of subsection (a), Section 11-501.1, paragraph
6     (b) of Section 11-401, or for reckless homicide as defined
7     in Section 9-3 of the Criminal Code of 1961, is guilty of a
8     Class 2 felony and is not eligible for a sentence of
9     probation or conditional discharge.
10     (c-2) (Blank).
11     (c-3) (Blank).
12     (c-4) (Blank).
13     (c-5) A person who violates subsection (a), if the person
14 was transporting a person under the age of 16 at the time of
15 the violation, is subject to an additional mandatory minimum
16 fine of $1,000, an additional mandatory minimum 140 hours of
17 community service, which shall include 40 hours of community
18 service in a program benefiting children, and an additional 2
19 days of imprisonment. The imprisonment or assignment of
20 community service under this subsection (c-5) is not subject to
21 suspension, nor is the person eligible for a reduced sentence.
22     (c-6) Except as provided in subsections (c-7) and (c-8) a
23 person who violates subsection (a) a second time, if at the
24 time of the second violation the person was transporting a
25 person under the age of 16, is subject to an additional 10 days
26 of imprisonment, an additional mandatory minimum fine of
27 $1,000, and an additional mandatory minimum 140 hours of
28 community service, which shall include 40 hours of community
29 service in a program benefiting children. The imprisonment or
30 assignment of community service under this subsection (c-6) is
31 not subject to suspension, nor is the person eligible for a
32 reduced sentence.
33     (c-7) Except as provided in subsection (c-8), any person
34 convicted of violating subsection (c-6) or a similar provision

 

 

09400SB1088sam001 - 44 - LRB094 04763 RLC 57764 a

1 within 10 years of a previous violation of subsection (a) or a
2 similar provision shall receive, in addition to any other
3 penalty imposed, a mandatory minimum 12 days imprisonment, an
4 additional 40 hours of mandatory community service in a program
5 benefiting children, and a mandatory minimum fine of $1,750.
6 The imprisonment or assignment of community service under this
7 subsection (c-7) is not subject to suspension, nor is the
8 person eligible for a reduced sentence.
9     (c-8) Any person convicted of violating subsection (c-6) or
10 a similar provision within 5 years of a previous violation of
11 subsection (a) or a similar provision shall receive, in
12 addition to any other penalty imposed, an additional 80 hours
13 of mandatory community service in a program benefiting
14 children, an additional mandatory minimum 12 days of
15 imprisonment, and a mandatory minimum fine of $1,750. The
16 imprisonment or assignment of community service under this
17 subsection (c-8) is not subject to suspension, nor is the
18 person eligible for a reduced sentence.
19     (c-9) Any person convicted a third time for violating
20 subsection (a) or a similar provision, if at the time of the
21 third violation the person was transporting a person under the
22 age of 16, is guilty of a Class 4 felony and shall receive, in
23 addition to any other penalty imposed, an additional mandatory
24 fine of $1,000, an additional mandatory 140 hours of community
25 service, which shall include 40 hours in a program benefiting
26 children, and a mandatory minimum 30 days of imprisonment. The
27 imprisonment or assignment of community service under this
28 subsection (c-9) is not subject to suspension, nor is the
29 person eligible for a reduced sentence.
30     (c-10) Any person convicted of violating subsection (c-9)
31 or a similar provision a third time within 20 years of a
32 previous violation of subsection (a) or a similar provision is
33 guilty of a Class 4 felony and shall receive, in addition to
34 any other penalty imposed, an additional mandatory 40 hours of

 

 

09400SB1088sam001 - 45 - LRB094 04763 RLC 57764 a

1 community service in a program benefiting children, an
2 additional mandatory fine of $3,000, and a mandatory minimum
3 120 days of imprisonment. The imprisonment or assignment of
4 community service under this subsection (c-10) is not subject
5 to suspension, nor is the person eligible for a reduced
6 sentence.
7     (c-11) Any person convicted a fourth or fifth time for
8 violating subsection (a) or a similar provision, if at the time
9 of the fourth or fifth violation the person was transporting a
10 person under the age of 16, and if the person's 3 prior
11 violations of subsection (a) or a similar provision occurred
12 while transporting a person under the age of 16 or while the
13 alcohol concentration in his or her blood, breath, or urine was
14 0.16 or more based on the definition of blood, breath, or urine
15 units in Section 11-501.2, is guilty of a Class 2 felony, is
16 not eligible for probation or conditional discharge, and is
17 subject to a minimum fine of $3,000.
18     (c-12) Any person convicted of a first violation of
19 subsection (a) or a similar provision, if the alcohol
20 concentration in his or her blood, breath, or urine was 0.16 or
21 more based on the definition of blood, breath, or urine units
22 in Section 11-501.2, shall be subject, in addition to any other
23 penalty that may be imposed, to a mandatory minimum of 100
24 hours of community service and a mandatory minimum fine of
25 $500.
26     (c-13) Any person convicted of a second violation of
27 subsection (a) or a similar provision committed within 10 years
28 of a previous violation of subsection (a) or a similar
29 provision committed within 10 years of a previous violation of
30 subsection (a) or a similar provision, if at the time of the
31 second violation of subsection (a) the alcohol concentration in
32 his or her blood, breath, or urine was 0.16 or more based on
33 the definition of blood, breath, or urine units in Section
34 11-501.2, shall be subject, in addition to any other penalty

 

 

09400SB1088sam001 - 46 - LRB094 04763 RLC 57764 a

1 that may be imposed, to a mandatory minimum of 2 days of
2 imprisonment and a mandatory minimum fine of $1,250.
3     (c-14) Any person convicted of a third violation of
4 subsection (a) or a similar provision within 20 years of a
5 previous violation of subsection (a) or a similar provision, if
6 at the time of the third violation of subsection (a) or a
7 similar provision 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 4 felony and shall be subject,
11 in addition to any other penalty that may be imposed, to a
12 mandatory minimum of 90 days of imprisonment and a mandatory
13 minimum fine of $2,500.
14     (c-15) Any person convicted of a fourth or fifth violation
15 of subsection (a) or a similar provision, if at the time of the
16 fourth or fifth violation the alcohol concentration in his or
17 her blood, breath, or urine was 0.16 or more based on the
18 definition of blood, breath, or urine units in Section
19 11-501.2, and if the person's 3 prior violations of subsection
20 (a) or a similar provision occurred while transporting a person
21 under the age of 16 or while the alcohol concentration in his
22 or her blood, breath, or urine was 0.16 or more based on the
23 definition of blood, breath, or urine units in Section
24 11-501.2, is guilty of a Class 2 felony and is not eligible for
25 a sentence of probation or conditional discharge and is subject
26 to a minimum fine of $2,500.
27     (c-16) Any person convicted of a sixth or subsequent
28 violation of subsection (a) is guilty of a Class X felony.
29     (d) (1) Every person convicted of committing a violation of
30     this Section shall be guilty of aggravated driving under
31     the influence of alcohol, other drug or drugs, or
32     intoxicating compound or compounds, or any combination
33     thereof if:
34             (A) the person committed a violation of subsection

 

 

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1         (a) or a similar provision for the third or subsequent
2         time;
3             (B) the person committed a violation of subsection
4         (a) while driving a school bus with persons 18 years of
5         age or younger on board;
6             (C) the person in committing a violation of
7         subsection (a) was involved in a motor vehicle accident
8         that resulted in great bodily harm or permanent
9         disability or disfigurement to another, when the
10         violation was a proximate cause of the injuries;
11             (D) the person committed a violation of subsection
12         (a) for a second time and has been previously convicted
13         of violating Section 9-3 of the Criminal Code of 1961
14         or a similar provision of a law of another state
15         relating to reckless homicide in which the person was
16         determined to have been under the influence of alcohol,
17         other drug or drugs, or intoxicating compound or
18         compounds as an element of the offense or the person
19         has previously been convicted under subparagraph (C)
20         or subparagraph (F) of this paragraph (1);
21             (E) the person, in committing a violation of
22         subsection (a) while driving at any speed in a school
23         speed zone at a time when a speed limit of 20 miles per
24         hour was in effect under subsection (a) of Section
25         11-605 of this Code, was involved in a motor vehicle
26         accident that resulted in bodily harm, other than great
27         bodily harm or permanent disability or disfigurement,
28         to another person, when the violation of subsection (a)
29         was a proximate cause of the bodily harm; or
30             (F) the person, in committing a violation of
31         subsection (a), was involved in a motor vehicle,
32         snowmobile, all-terrain vehicle, or watercraft
33         accident that resulted in the death of another person,
34         when the violation of subsection (a) was a proximate

 

 

09400SB1088sam001 - 48 - LRB094 04763 RLC 57764 a

1         cause of the death.
2         (2) Except as provided in this paragraph (2), a person
3     convicted of aggravated driving under the influence of
4     alcohol, other drug or drugs, or intoxicating compound or
5     compounds, or any combination thereof is guilty of a Class
6     4 felony. For a violation of subparagraph (C) of paragraph
7     (1) of this subsection (d), the defendant, if sentenced to
8     a term of imprisonment, shall be sentenced to not less than
9     one year nor more than 12 years. Aggravated driving under
10     the influence of alcohol, other drug or drugs, or
11     intoxicating compound or compounds, or any combination
12     thereof as defined in subparagraph (F) of paragraph (1) of
13     this subsection (d) is a Class 2 felony, for which the
14     defendant, if sentenced to a term of imprisonment, shall be
15     sentenced to: (A) a term of imprisonment of not less than 3
16     years and not more than 14 years if the violation resulted
17     in the death of one person; or (B) a term of imprisonment
18     of not less than 6 years and not more than 28 years if the
19     violation resulted in the deaths of 2 or more persons. For
20     any prosecution under this subsection (d), a certified copy
21     of the driving abstract of the defendant shall be admitted
22     as proof of any prior conviction. Any person sentenced
23     under this subsection (d) who receives a term of probation
24     or conditional discharge must serve a minimum term of
25     either 480 hours of community service or 10 days of
26     imprisonment as a condition of the probation or conditional
27     discharge. This mandatory minimum term of imprisonment or
28     assignment of community service may not be suspended or
29     reduced by the court.
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

 

 

09400SB1088sam001 - 49 - LRB094 04763 RLC 57764 a

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 paid
6 for by the individual required to undergo the professional
7 evaluation.
8     (e-1) Any person who is found guilty of or pleads guilty to
9 violating this Section, including any person receiving a
10 disposition of court supervision for violating this Section,
11 may be required by the Court to attend a victim impact panel
12 offered by, or under contract with, a County State's Attorney's
13 office, a probation and court services department, Mothers
14 Against Drunk Driving, or the Alliance Against Intoxicated
15 Motorists. All costs generated by the victim impact panel shall
16 be paid from fees collected from the offender or as may be
17 determined by the court.
18     (f) Every person found guilty of violating this Section,
19 whose operation of a motor vehicle while in violation of this
20 Section proximately caused any incident resulting in an
21 appropriate emergency response, shall be liable for the expense
22 of an emergency response as provided under Section 5-5-3 of the
23 Unified Code of Corrections.
24     (g) The Secretary of State shall revoke the driving
25 privileges of any person convicted under this Section or a
26 similar provision of a local ordinance.
27     (h) (Blank).
28     (i) The Secretary of State shall require the use of
29 ignition interlock devices on all vehicles owned by an
30 individual who has been convicted of a second or subsequent
31 offense of this Section or a similar provision of a local
32 ordinance. The Secretary shall establish by rule and regulation
33 the procedures for certification and use of the interlock
34 system.

 

 

09400SB1088sam001 - 50 - LRB094 04763 RLC 57764 a

1     (j) In addition to any other penalties and liabilities, a
2 person who is found guilty of or pleads guilty to violating
3 subsection (a), including any person placed on court
4 supervision for violating subsection (a), shall be fined $500,
5 payable to the circuit clerk, who shall distribute the money as
6 follows: 20% to the law enforcement agency that made the arrest
7 and 80% shall be forwarded to the State Treasurer for deposit
8 into the General Revenue Fund. If the person has been
9 previously convicted of violating subsection (a) or a similar
10 provision of a local ordinance, the fine shall be $1,000. In
11 the event that more than one agency is responsible for the
12 arrest, the amount payable to law enforcement agencies shall be
13 shared equally. Any moneys received by a law enforcement agency
14 under this subsection (j) shall be used for enforcement and
15 prevention of driving while under the influence of alcohol,
16 other drug or drugs, intoxicating compound or compounds or any
17 combination thereof, as defined by this Section, including but
18 not limited to the to purchase of law enforcement equipment and
19 commodities that will assist in the prevention of alcohol
20 related criminal violence throughout the State; police officer
21 training and education in areas related to alcohol related
22 crime, including but not limited to DUI training; and police
23 officer salaries, including but not limited to salaries for
24 hire back funding for safety checkpoints, saturation patrols,
25 and liquor store sting operations. Equipment and commodities .
26 This shall include, but are is not limited to, in-car video
27 cameras, radar and laser speed detection devices, and alcohol
28 breath testers. Any moneys received by the Department of State
29 Police under this subsection (j) shall be deposited into the
30 State Police DUI Fund and shall be used for enforcement and
31 prevention of driving while under the influence of alcohol,
32 other drug or drugs, intoxicating compound or compounds or any
33 combination thereof, as defined by this Section, including but
34 not limited to the to purchase of law enforcement equipment and

 

 

09400SB1088sam001 - 51 - LRB094 04763 RLC 57764 a

1 commodities that will assist in the prevention of alcohol
2 related criminal violence throughout the State; police officer
3 training and education in areas related to alcohol related
4 crime, including but not limited to DUI training; and police
5 officer salaries, including but not limited to salaries for
6 hire back funding for safety checkpoints, saturation patrols,
7 and liquor store sting operations.
8     (k) The Secretary of State Police DUI Fund is created as a
9 special fund in the State treasury. All moneys received by the
10 Secretary of State Police under subsection (j) of this Section
11 shall be deposited into the Secretary of State Police DUI Fund
12 and, subject to appropriation, shall be used for enforcement
13 and prevention of driving while under the influence of alcohol,
14 other drug or drugs, intoxicating compound or compounds or any
15 combination thereof, as defined by this Section, including but
16 not limited to the to purchase of law enforcement equipment and
17 commodities to assist in the prevention of alcohol related
18 criminal violence throughout the State; police officer
19 training and education in areas related to alcohol related
20 crime, including but not limited to DUI training; and police
21 officer salaries, including but not limited to salaries for
22 hire back funding for safety checkpoints, saturation patrols,
23 and liquor store sting operations.
24     (l) Whenever an individual is sentenced for an offense
25 based upon an arrest for a violation of subsection (a) or a
26 similar provision of a local ordinance, and the professional
27 evaluation recommends remedial or rehabilitative treatment or
28 education, neither the treatment nor the education shall be the
29 sole disposition and either or both may be imposed only in
30 conjunction with another disposition. The court shall monitor
31 compliance with any remedial education or treatment
32 recommendations contained in the professional evaluation.
33 Programs conducting alcohol or other drug evaluation or
34 remedial education must be licensed by the Department of Human

 

 

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1 Services. If the individual is not a resident of Illinois,
2 however, the court may accept an alcohol or other drug
3 evaluation or remedial education program in the individual's
4 state of residence. Programs providing treatment must be
5 licensed under existing applicable alcoholism and drug
6 treatment licensure standards.
7     (m) In addition to any other fine or penalty required by
8 law, an individual convicted of a violation of subsection (a),
9 Section 5-7 of the Snowmobile Registration and Safety Act,
10 Section 5-16 of the Boat Registration and Safety Act, or a
11 similar provision, whose operation of a motor vehicle,
12 snowmobile, or watercraft while in violation of subsection (a),
13 Section 5-7 of the Snowmobile Registration and Safety Act,
14 Section 5-16 of the Boat Registration and Safety Act, or a
15 similar provision proximately caused an incident resulting in
16 an appropriate emergency response, shall be required to make
17 restitution to a public agency for the costs of that emergency
18 response. The restitution may not exceed $1,000 per public
19 agency for each emergency response. As used in this subsection
20 (m), "emergency response" means any incident requiring a
21 response by a police officer, a firefighter carried on the
22 rolls of a regularly constituted fire department, or an
23 ambulance.
24 (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03;
25 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05;
26 93-840, eff. 7-30-04; 94-114, eff. 1-1-06.)
 
27     (Text of Section from P.A. 94-116)
28     Sec. 11-501. Driving while under the influence of alcohol,
29 other drug or drugs, intoxicating compound or compounds or any
30 combination thereof.
31     (a) A person shall not drive or be in actual physical
32 control of any vehicle within this State while:
33         (1) the alcohol concentration in the person's blood or

 

 

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1     breath is 0.08 or more based on the definition of blood and
2     breath units in Section 11-501.2;
3         (2) under the influence of alcohol;
4         (3) under the influence of any intoxicating compound or
5     combination of intoxicating compounds to a degree that
6     renders the person incapable of driving safely;
7         (4) under the influence of any other drug or
8     combination of drugs to a degree that renders the person
9     incapable of safely driving;
10         (5) under the combined influence of alcohol, other drug
11     or drugs, or intoxicating compound or compounds to a degree
12     that renders the person incapable of safely driving; or
13         (6) there is any amount of a drug, substance, or
14     compound in the person's breath, blood, or urine resulting
15     from the unlawful use or consumption of cannabis listed in
16     the Cannabis Control Act, a controlled substance listed in
17     the Illinois Controlled Substances Act, or an intoxicating
18     compound listed in the Use of Intoxicating Compounds Act.
19     (b) The fact that any person charged with violating this
20 Section is or has been legally entitled to use alcohol, other
21 drug or drugs, or intoxicating compound or compounds, or any
22 combination thereof, shall not constitute a defense against any
23 charge of violating this Section.
24     (b-1) With regard to penalties imposed under this Section:
25         (1) Any reference to a prior violation of subsection
26     (a) or a similar provision includes any violation of a
27     provision of a local ordinance or a provision of a law of
28     another state that is similar to a violation of subsection
29     (a) of this Section.
30         (2) Any penalty imposed for driving with a license that
31     has been revoked for a previous violation of subsection (a)
32     of this Section shall be in addition to the penalty imposed
33     for any subsequent violation of subsection (a).
34     (b-2) Except as otherwise provided in this Section, any

 

 

09400SB1088sam001 - 54 - LRB094 04763 RLC 57764 a

1 person convicted of violating subsection (a) of this Section is
2 guilty of a Class A misdemeanor.
3     (b-3) In addition to any other criminal or administrative
4 sanction for any second conviction of violating subsection (a)
5 or a similar provision committed within 5 years of a previous
6 violation of subsection (a) or a similar provision, the
7 defendant shall be sentenced to a mandatory minimum of 5 days
8 of imprisonment or assigned a mandatory minimum of 240 hours of
9 community service as may be determined by the court.
10     (b-4) In the case of a third violation committed within 5
11 years of a previous violation of subsection (a) or a similar
12 provision, the defendant is guilty of a Class 2 felony, and in
13 addition to any other criminal or administrative sanction, a
14 mandatory minimum term of either 10 days of imprisonment or 480
15 hours of community service shall be imposed.
16     (b-5) The imprisonment or assignment of community service
17 under subsections (b-3) and (b-4) shall not be subject to
18 suspension, nor shall the person be eligible for a reduced
19 sentence.
20     (c) (Blank).
21     (c-1) (1) A person who violates subsection (a) during a
22     period in which his or her driving privileges are revoked
23     or suspended, where the revocation or suspension was for a
24     violation of subsection (a), Section 11-501.1, paragraph
25     (b) of Section 11-401, or for reckless homicide as defined
26     in Section 9-3 of the Criminal Code of 1961 is guilty of a
27     Class 4 felony.
28         (2) A person who violates subsection (a) a third time
29     is guilty of a Class 2 felony.
30         (2.1) A person who violates subsection (a) a third
31     time, if the third violation occurs during a period in
32     which his or her driving privileges are revoked or
33     suspended where the revocation or suspension was for a
34     violation of subsection (a), Section 11-501.1, subsection

 

 

09400SB1088sam001 - 55 - LRB094 04763 RLC 57764 a

1     (b) of Section 11-401, or for reckless homicide as defined
2     in Section 9-3 of the Criminal Code of 1961, is guilty of a
3     Class 2 felony; and if the person receives a term of
4     probation or conditional discharge, he or she shall be
5     required to serve a mandatory minimum of 10 days of
6     imprisonment or shall be assigned a mandatory minimum of
7     480 hours of community service, as may be determined by the
8     court, as a condition of the probation or conditional
9     discharge. This mandatory minimum term of imprisonment or
10     assignment of community service shall not be suspended or
11     reduced by the court.
12         (2.2) A person who violates subsection (a), if the
13     violation occurs during a period in which his or her
14     driving privileges are revoked or suspended where the
15     revocation or suspension was for a violation of subsection
16     (a) or Section 11-501.1, shall also be sentenced to an
17     additional mandatory minimum term of 30 consecutive days of
18     imprisonment, 40 days of 24-hour periodic imprisonment, or
19     720 hours of community service, as may be determined by the
20     court. This mandatory term of imprisonment or assignment of
21     community service shall not be suspended or reduced by the
22     court.
23         (3) A person who violates subsection (a) a fourth time
24     is guilty of a Class 2 felony and is not eligible for a
25     sentence of probation or conditional discharge.
26         (4) A person who violates subsection (a) a fifth or
27     subsequent time is guilty of a Class 1 felony and is not
28     eligible for a sentence of probation or conditional
29     discharge.
30     (c-2) (Blank).
31     (c-3) (Blank).
32     (c-4) (Blank).
33     (c-5) A person who violates subsection (a), if the person
34 was transporting a person under the age of 16 at the time of

 

 

09400SB1088sam001 - 56 - LRB094 04763 RLC 57764 a

1 the violation, is subject to an additional mandatory minimum
2 fine of $1,000, an additional mandatory minimum 140 hours of
3 community service, which shall include 40 hours of community
4 service in a program benefiting children, and an additional 2
5 days of imprisonment. The imprisonment or assignment of
6 community service under this subsection (c-5) is not subject to
7 suspension, nor is the person eligible for a reduced sentence.
8     (c-6) Except as provided in subsections (c-7) and (c-8) a
9 person who violates subsection (a) a second time, if at the
10 time of the second violation the person was transporting a
11 person under the age of 16, is subject to an additional 10 days
12 of imprisonment, an additional mandatory minimum fine of
13 $1,000, and an additional mandatory minimum 140 hours of
14 community service, which shall include 40 hours of community
15 service in a program benefiting children. The imprisonment or
16 assignment of community service under this subsection (c-6) is
17 not subject to suspension, nor is the person eligible for a
18 reduced sentence.
19     (c-7) Except as provided in subsection (c-8), any person
20 convicted of violating subsection (c-6) or a similar provision
21 within 10 years of a previous violation of subsection (a) or a
22 similar provision shall receive, in addition to any other
23 penalty imposed, a mandatory minimum 12 days imprisonment, an
24 additional 40 hours of mandatory community service in a program
25 benefiting children, and a mandatory minimum fine of $1,750.
26 The imprisonment or assignment of community service under this
27 subsection (c-7) is not subject to suspension, nor is the
28 person eligible for a reduced sentence.
29     (c-8) Any person convicted of violating subsection (c-6) or
30 a similar provision within 5 years of a previous violation of
31 subsection (a) or a similar provision shall receive, in
32 addition to any other penalty imposed, an additional 80 hours
33 of mandatory community service in a program benefiting
34 children, an additional mandatory minimum 12 days of

 

 

09400SB1088sam001 - 57 - LRB094 04763 RLC 57764 a

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

 

 

09400SB1088sam001 - 58 - LRB094 04763 RLC 57764 a

1 11-501.2, is guilty of a Class 2 felony, is not eligible for
2 probation or conditional discharge, and is subject to a minimum
3 fine of $3,000.
4     (c-12) Any person convicted of a first violation of
5 subsection (a) or a similar provision, if the alcohol
6 concentration in his or her blood, breath, or urine was 0.16 or
7 more based on the definition of blood, breath, or urine units
8 in Section 11-501.2, shall be subject, in addition to any other
9 penalty that may be imposed, to a mandatory minimum of 100
10 hours of community service and a mandatory minimum fine of
11 $500.
12     (c-13) Any person convicted of a second violation of
13 subsection (a) or a similar provision committed within 10 years
14 of a previous violation of subsection (a) or a similar
15 provision committed within 10 years of a previous violation of
16 subsection (a) or a similar provision, if at the time of the
17 second violation of subsection (a) the alcohol concentration in
18 his or her blood, breath, or urine was 0.16 or more based on
19 the definition of blood, breath, or urine units in Section
20 11-501.2, shall be subject, in addition to any other penalty
21 that may be imposed, to a mandatory minimum of 2 days of
22 imprisonment and a mandatory minimum fine of $1,250.
23     (c-14) Any person convicted of a third violation of
24 subsection (a) or a similar provision within 20 years of a
25 previous violation of subsection (a) or a similar provision, if
26 at the time of the third violation of subsection (a) or a
27 similar provision the alcohol concentration in his or her
28 blood, breath, or urine was 0.16 or more based on the
29 definition of blood, breath, or urine units in Section
30 11-501.2, is guilty of a Class 2 felony and shall be subject,
31 in addition to any other penalty that may be imposed, to a
32 mandatory minimum of 90 days of imprisonment and a mandatory
33 minimum fine of $2,500.
34     (c-15) Any person convicted of a fourth violation of

 

 

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1 subsection (a) or a similar provision, if at the time of the
2 fourth violation the alcohol concentration in his or her blood,
3 breath, or urine was 0.16 or more based on the definition of
4 blood, breath, or urine units in Section 11-501.2, and if the
5 person's 3 prior violations of subsection (a) or a similar
6 provision occurred while transporting a person under the age of
7 16 or while the alcohol concentration in his or her blood,
8 breath, or urine was 0.16 or more based on the definition of
9 blood, breath, or urine units in Section 11-501.2, is guilty of
10 a Class 2 felony and is not eligible for a sentence of
11 probation or conditional discharge and is subject to a minimum
12 fine of $2,500.
13     (d) (1) Every person convicted of committing a violation of
14     this Section shall be guilty of aggravated driving under
15     the influence of alcohol, other drug or drugs, or
16     intoxicating compound or compounds, or any combination
17     thereof if:
18             (A) the person committed a violation of subsection
19         (a) or a similar provision for the third or subsequent
20         time;
21             (B) the person committed a violation of subsection
22         (a) while driving a school bus with persons 18 years of
23         age or younger on board;
24             (C) the person in committing a violation of
25         subsection (a) was involved in a motor vehicle accident
26         that resulted in great bodily harm or permanent
27         disability or disfigurement to another, when the
28         violation was a proximate cause of the injuries;
29             (D) the person committed a violation of subsection
30         (a) for a second time and has been previously convicted
31         of violating Section 9-3 of the Criminal Code of 1961
32         or a similar provision of a law of another state
33         relating to reckless homicide in which the person was
34         determined to have been under the influence of alcohol,

 

 

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

 

 

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

 

 

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1 may be required by the Court to attend a victim impact panel
2 offered by, or under contract with, a County State's Attorney's
3 office, a probation and court services department, Mothers
4 Against Drunk Driving, or the Alliance Against Intoxicated
5 Motorists. All costs generated by the victim impact panel shall
6 be paid from fees collected from the offender or as may be
7 determined by the court.
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 expense
12 of an emergency response as provided under Section 5-5-3 of the
13 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) (Blank).
18     (i) The Secretary of State shall require the use of
19 ignition interlock devices on all vehicles owned by an
20 individual who has been convicted of a second or subsequent
21 offense of this Section or a similar provision of a local
22 ordinance. The Secretary shall establish by rule and regulation
23 the procedures for certification and use of the interlock
24 system.
25     (j) In addition to any other penalties and liabilities, a
26 person who is found guilty of or pleads guilty to violating
27 subsection (a), including any person placed on court
28 supervision for violating subsection (a), shall be fined $500,
29 payable to the circuit clerk, who shall distribute the money as
30 follows: 20% to the law enforcement agency that made the arrest
31 and 80% shall be forwarded to the State Treasurer for deposit
32 into the General Revenue Fund. If the person has been
33 previously convicted of violating subsection (a) or a similar
34 provision of a local ordinance, the fine shall be $1,000. In

 

 

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1 the event that more than one agency is responsible for the
2 arrest, the amount payable to law enforcement agencies shall be
3 shared equally. Any moneys received by a law enforcement agency
4 under this subsection (j) shall be used for enforcement and
5 prevention of driving while under the influence of alcohol,
6 other drug or drugs, intoxicating compound or compounds or any
7 combination thereof, as defined by this Section, including but
8 not limited to the to purchase of law enforcement equipment and
9 commodities that will assist in the prevention of alcohol
10 related criminal violence throughout the State; police officer
11 training and education in areas related to alcohol related
12 crime, including but not limited to DUI training; and police
13 officer salaries, including but not limited to salaries for
14 hire back funding for safety checkpoints, saturation patrols,
15 and liquor store sting operations. Equipment and commodities .
16 This shall include, but are is not limited to, in-car video
17 cameras, radar and laser speed detection devices, and alcohol
18 breath testers. Any moneys received by the Department of State
19 Police under this subsection (j) shall be deposited into the
20 State Police DUI Fund and shall be used for enforcement and
21 prevention of driving while under the influence of alcohol,
22 other drug or drugs, intoxicating compound or compounds or any
23 combination thereof, as defined by this Section, including but
24 not limited to the to purchase of law enforcement equipment and
25 commodities that will assist in the prevention of alcohol
26 related criminal violence throughout the State; police officer
27 training and education in areas related to alcohol related
28 crime, including but not limited to DUI training; and police
29 officer salaries, including but not limited to salaries for
30 hire back funding for safety checkpoints, saturation patrols,
31 and liquor store sting operations.
32     (k) The Secretary of State Police DUI Fund is created as a
33 special fund in the State treasury. All moneys received by the
34 Secretary of State Police under subsection (j) of this Section

 

 

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1 shall be deposited into the Secretary of State Police DUI Fund
2 and, subject to appropriation, shall be used for enforcement
3 and prevention of driving while under the influence of alcohol,
4 other drug or drugs, intoxicating compound or compounds or any
5 combination thereof, as defined by this Section, including but
6 not limited to the to purchase of law enforcement equipment and
7 commodities to assist in the prevention of alcohol related
8 criminal violence throughout the State; police officer
9 training and education in areas related to alcohol related
10 crime, including but not limited to DUI training; and police
11 officer salaries, including but not limited to salaries for
12 hire back funding for safety checkpoints, saturation patrols,
13 and liquor store sting operations.
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

 

 

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1 similar provision, whose operation of a motor vehicle,
2 snowmobile, or watercraft while in violation of subsection (a),
3 Section 5-7 of the Snowmobile Registration and Safety Act,
4 Section 5-16 of the Boat Registration and Safety Act, or a
5 similar provision proximately caused an incident resulting in
6 an appropriate emergency response, shall be required to make
7 restitution to a public agency for the costs of that emergency
8 response. The restitution may not exceed $1,000 per public
9 agency for each emergency response. As used in this subsection
10 (m), "emergency response" means any incident requiring a
11 response by a police officer, a firefighter carried on the
12 rolls of a regularly constituted fire department, or an
13 ambulance.
14 (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03;
15 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05;
16 93-840, eff. 7-30-04; 94-116, eff. 1-1-06.)
 
17     (Text of Section from P.A. 94-329)
18     Sec. 11-501. Driving while under the influence of alcohol,
19 other drug or drugs, intoxicating compound or compounds or any
20 combination thereof.
21     (a) A person shall not drive or be in actual physical
22 control of any vehicle within this State while:
23         (1) the alcohol concentration in the person's blood or
24     breath is 0.08 or more based on the definition of blood and
25     breath units in Section 11-501.2;
26         (2) under the influence of alcohol;
27         (3) under the influence of any intoxicating compound or
28     combination of intoxicating compounds to a degree that
29     renders the person incapable of driving safely;
30         (4) under the influence of any other drug or
31     combination of drugs to a degree that renders the person
32     incapable of safely driving;
33         (5) under the combined influence of alcohol, other drug

 

 

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1     or drugs, or intoxicating compound or compounds to a degree
2     that renders the person incapable of safely driving; or
3         (6) there is any amount of a drug, substance, or
4     compound in the person's breath, blood, or urine resulting
5     from the unlawful use or consumption of cannabis listed in
6     the Cannabis Control Act, a controlled substance listed in
7     the Illinois Controlled Substances Act, or an intoxicating
8     compound listed in the Use of 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 any
13 charge of violating this Section.
14     (b-1) With regard to penalties imposed under this Section:
15         (1) Any reference to a prior violation of subsection
16     (a) or a similar provision includes any violation of a
17     provision of a local ordinance or a provision of a law of
18     another state that is similar to a violation of subsection
19     (a) of this Section.
20         (2) Any penalty imposed for driving with a license that
21     has been revoked for a previous violation of subsection (a)
22     of this Section shall be in addition to the penalty imposed
23     for any subsequent violation of subsection (a).
24     (b-2) Except as otherwise provided in this Section, any
25 person convicted of violating subsection (a) of this Section is
26 guilty of a Class A misdemeanor.
27     (b-3) In addition to any other criminal or administrative
28 sanction for any second conviction of violating subsection (a)
29 or a similar provision committed within 5 years of a previous
30 violation of subsection (a) or a similar provision, the
31 defendant shall be sentenced to a mandatory minimum of 5 days
32 of imprisonment or assigned a mandatory minimum of 240 hours of
33 community service as may be determined by the court.
34     (b-4) In the case of a third or subsequent violation

 

 

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1 committed within 5 years of a previous violation of subsection
2 (a) or a similar provision, in addition to any other criminal
3 or administrative sanction, a mandatory minimum term of either
4 10 days of imprisonment or 480 hours of community service shall
5 be imposed.
6     (b-5) The imprisonment or assignment of community service
7 under subsections (b-3) and (b-4) shall not be subject to
8 suspension, nor shall the person be eligible for a reduced
9 sentence.
10     (c) (Blank).
11     (c-1) (1) A person who violates subsection (a) during a
12     period in which his or her driving privileges are revoked
13     or suspended, where the revocation or suspension was for a
14     violation of subsection (a), Section 11-501.1, paragraph
15     (b) of Section 11-401, or for reckless homicide as defined
16     in Section 9-3 of the Criminal Code of 1961 is guilty of
17     aggravated driving under the influence of alcohol, other
18     drug or drugs, intoxicating compound or compounds, or any
19     combination thereof and is guilty of a Class 4 felony.
20         (2) A person who violates subsection (a) a third time,
21     if the third violation occurs during a period in which his
22     or her driving privileges are revoked or suspended where
23     the revocation or suspension was for a violation of
24     subsection (a), Section 11-501.1, paragraph (b) of Section
25     11-401, or for reckless homicide as defined in Section 9-3
26     of the Criminal Code of 1961, is guilty of aggravated
27     driving under the influence of alcohol, other drug or
28     drugs, intoxicating compound or compounds, or any
29     combination thereof and is guilty of a Class 3 felony.
30         (2.1) A person who violates subsection (a) a third
31     time, if the third violation occurs during a period in
32     which his or her driving privileges are revoked or
33     suspended where the revocation or suspension was for a
34     violation of subsection (a), Section 11-501.1, subsection

 

 

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

 

 

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1     1961, is guilty of aggravated driving under the influence
2     of alcohol, other drug or drugs, intoxicating compound or
3     compounds, or any combination thereof and is guilty of a
4     Class 2 felony, and is not eligible for a sentence of
5     probation or conditional discharge.
6     (c-2) (Blank).
7     (c-3) (Blank).
8     (c-4) (Blank).
9     (c-5) A person who violates subsection (a), if the person
10 was transporting a person under the age of 16 at the time of
11 the violation, is subject to an additional mandatory minimum
12 fine of $1,000, an additional mandatory minimum 140 hours of
13 community service, which shall include 40 hours of community
14 service in a program benefiting children, and an additional 2
15 days of imprisonment. The imprisonment or assignment of
16 community service under this subsection (c-5) is not subject to
17 suspension, nor is the person eligible for a reduced sentence.
18     (c-6) Except as provided in subsections (c-7) and (c-8) a
19 person who violates subsection (a) a second time, if at the
20 time of the second violation the person was transporting a
21 person under the age of 16, is subject to an additional 10 days
22 of imprisonment, an additional mandatory minimum fine of
23 $1,000, and an additional mandatory minimum 140 hours of
24 community service, which shall include 40 hours of community
25 service in a program benefiting children. The imprisonment or
26 assignment of community service under this subsection (c-6) is
27 not subject to suspension, nor is the person eligible for a
28 reduced sentence.
29     (c-7) Except as provided in subsection (c-8), any person
30 convicted of violating subsection (c-6) or a similar provision
31 within 10 years of a previous violation of subsection (a) or a
32 similar provision shall receive, in addition to any other
33 penalty imposed, a mandatory minimum 12 days imprisonment, an
34 additional 40 hours of mandatory community service in a program

 

 

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1 benefiting children, and a mandatory minimum fine of $1,750.
2 The imprisonment or assignment of community service under this
3 subsection (c-7) is not subject to suspension, nor is the
4 person eligible for a reduced sentence.
5     (c-8) Any person convicted of violating subsection (c-6) or
6 a similar provision within 5 years of a previous violation of
7 subsection (a) or a similar provision shall receive, in
8 addition to any other penalty imposed, an additional 80 hours
9 of mandatory community service in a program benefiting
10 children, an additional mandatory minimum 12 days of
11 imprisonment, and a mandatory minimum fine of $1,750. The
12 imprisonment or assignment of community service under this
13 subsection (c-8) is not subject to suspension, nor is the
14 person eligible for a reduced sentence.
15     (c-9) Any person convicted a third time for violating
16 subsection (a) or a similar provision, if at the time of the
17 third violation the person was transporting a person under the
18 age of 16, is guilty of a Class 4 felony and shall receive, in
19 addition to any other penalty imposed, an additional mandatory
20 fine of $1,000, an additional mandatory 140 hours of community
21 service, which shall include 40 hours in a program benefiting
22 children, and a mandatory minimum 30 days of imprisonment. The
23 imprisonment or assignment of community service under this
24 subsection (c-9) is not subject to suspension, nor is the
25 person eligible for a reduced sentence.
26     (c-10) Any person convicted of violating subsection (c-9)
27 or a similar provision a third time within 20 years of a
28 previous violation of subsection (a) or a similar provision is
29 guilty of a Class 4 felony and shall receive, in addition to
30 any other penalty imposed, an additional mandatory 40 hours of
31 community service in a program benefiting children, an
32 additional mandatory fine of $3,000, and a mandatory minimum
33 120 days of imprisonment. The imprisonment or assignment of
34 community service under this subsection (c-10) is not subject

 

 

09400SB1088sam001 - 71 - LRB094 04763 RLC 57764 a

1 to suspension, nor is the person eligible for a reduced
2 sentence.
3     (c-11) Any person convicted a fourth or subsequent time for
4 violating subsection (a) or a similar provision, if at the time
5 of the fourth or subsequent violation the person was
6 transporting a person under the age of 16, and if the person's
7 3 prior violations of subsection (a) or a similar provision
8 occurred while transporting a person under the age of 16 or
9 while the alcohol concentration in his or her blood, breath, or
10 urine was 0.16 or more based on the definition of blood,
11 breath, or urine units in Section 11-501.2, is guilty of a
12 Class 2 felony, is not eligible for probation or conditional
13 discharge, and is subject to a minimum fine of $3,000.
14     (c-12) Any person convicted of a first violation of
15 subsection (a) or a similar provision, if the alcohol
16 concentration in his or her blood, breath, or urine was 0.16 or
17 more based on the definition of blood, breath, or urine units
18 in Section 11-501.2, shall be subject, in addition to any other
19 penalty that may be imposed, to a mandatory minimum of 100
20 hours of community service and a mandatory minimum fine of
21 $500.
22     (c-13) Any person convicted of a second violation of
23 subsection (a) or a similar provision committed within 10 years
24 of a previous violation of subsection (a) or a similar
25 provision committed within 10 years of a previous violation of
26 subsection (a) or a similar provision, if at the time of the
27 second violation of subsection (a) the alcohol concentration in
28 his or her blood, breath, or urine was 0.16 or more based on
29 the definition of blood, breath, or urine units in Section
30 11-501.2, shall be subject, in addition to any other penalty
31 that may be imposed, to a mandatory minimum of 2 days of
32 imprisonment and a mandatory minimum fine of $1,250.
33     (c-14) Any person convicted of a third violation of
34 subsection (a) or a similar provision within 20 years of a

 

 

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

 

 

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1         subsection (a) was involved in a motor vehicle accident
2         that resulted in great bodily harm or permanent
3         disability or disfigurement to another, when the
4         violation was a proximate cause of the injuries;
5             (D) the person committed a violation of subsection
6         (a) for a second time and has been previously convicted
7         of violating Section 9-3 of the Criminal Code of 1961
8         or a similar provision of a law of another state
9         relating to reckless homicide in which the person was
10         determined to have been under the influence of alcohol,
11         other drug or drugs, or intoxicating compound or
12         compounds as an element of the offense or the person
13         has previously been convicted under subparagraph (C)
14         or subparagraph (F) of this paragraph (1);
15             (E) the person, in committing a violation of
16         subsection (a) while driving at any speed in a school
17         speed zone at a time when a speed limit of 20 miles per
18         hour was in effect under subsection (a) of Section
19         11-605 of this Code, was involved in a motor vehicle
20         accident that resulted in bodily harm, other than great
21         bodily harm or permanent disability or disfigurement,
22         to another person, when the violation of subsection (a)
23         was a proximate cause of the bodily harm; or
24             (F) the person, in committing a violation of
25         subsection (a), was involved in a motor vehicle,
26         snowmobile, all-terrain vehicle, or watercraft
27         accident that resulted in the death of another person,
28         when the violation of subsection (a) was a proximate
29         cause of the death;
30             (G) the person committed the violation while he or
31         she did not possess a driver's license or permit or a
32         restricted driving permit or a judicial driving
33         permit; or
34             (H) the person committed the violation while he or

 

 

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1         she knew or should have known that the vehicle he or
2         she was driving was not covered by a liability
3         insurance policy.
4         (2) Except as provided in this paragraph (2) and in
5     paragraphs (2), (2.1), and (3) of subsection (c-1), a
6     person convicted of aggravated driving under the influence
7     of alcohol, other drug or drugs, or intoxicating compound
8     or compounds, or any combination thereof is guilty of a
9     Class 4 felony. For a violation of subparagraph (C) of
10     paragraph (1) of this subsection (d), the defendant, if
11     sentenced to a term of imprisonment, shall be sentenced to
12     not less than one year nor more than 12 years. Aggravated
13     driving under the influence of alcohol, other drug or
14     drugs, or intoxicating compound or compounds, or any
15     combination thereof as defined in subparagraph (F) of
16     paragraph (1) of this subsection (d) is a Class 2 felony,
17     for which the defendant, if sentenced to a term of
18     imprisonment, shall be sentenced to: (A) a term of
19     imprisonment of not less than 3 years and not more than 14
20     years if the violation resulted in the death of one person;
21     or (B) a term of imprisonment of not less than 6 years and
22     not more than 28 years if the violation resulted in the
23     deaths of 2 or more persons. For any prosecution under this
24     subsection (d), a certified copy of the driving abstract of
25     the defendant shall be admitted as proof of any prior
26     conviction. Any person sentenced under this subsection (d)
27     who receives a term of probation or conditional discharge
28     must serve a minimum term of either 480 hours of community
29     service or 10 days of imprisonment as a condition of the
30     probation or conditional discharge. This mandatory minimum
31     term of imprisonment or assignment of community service may
32     not be suspended or reduced by the court.
33     (e) After a finding of guilt and prior to any final
34 sentencing, or an order for supervision, for an offense based

 

 

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1 upon an arrest for a violation of this Section or a similar
2 provision of a local ordinance, individuals shall be required
3 to undergo a professional evaluation to determine if an
4 alcohol, drug, or intoxicating compound abuse problem exists
5 and the extent of the problem, and undergo the imposition of
6 treatment as appropriate. Programs conducting these
7 evaluations shall be licensed by the Department of Human
8 Services. The cost of any professional evaluation shall be paid
9 for by the individual required to undergo the professional
10 evaluation.
11     (e-1) Any person who is found guilty of or pleads guilty to
12 violating this Section, including any person receiving a
13 disposition of court supervision for violating this Section,
14 may be required by the Court to attend a victim impact panel
15 offered by, or under contract with, a County State's Attorney's
16 office, a probation and court services department, Mothers
17 Against Drunk Driving, or the Alliance Against Intoxicated
18 Motorists. All costs generated by the victim impact panel shall
19 be paid from fees collected from the offender or as may be
20 determined by the court.
21     (f) Every person found guilty of violating this Section,
22 whose operation of a motor vehicle while in violation of this
23 Section proximately caused any incident resulting in an
24 appropriate emergency response, shall be liable for the expense
25 of an emergency response as provided under Section 5-5-3 of the
26 Unified Code of Corrections.
27     (g) The Secretary of State shall revoke the driving
28 privileges of any person convicted under this Section or a
29 similar provision of a local ordinance.
30     (h) (Blank).
31     (i) The Secretary of State shall require the use of
32 ignition interlock devices on all vehicles owned by an
33 individual who has been convicted of a second or subsequent
34 offense of this Section or a similar provision of a local

 

 

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1 ordinance. The Secretary shall establish by rule and regulation
2 the procedures for certification and use of the interlock
3 system.
4     (j) In addition to any other penalties and liabilities, a
5 person who is found guilty of or pleads guilty to violating
6 subsection (a), including any person placed on court
7 supervision for violating subsection (a), shall be fined $500,
8 payable to the circuit clerk, who shall distribute the money as
9 follows: 20% to the law enforcement agency that made the arrest
10 and 80% shall be forwarded to the State Treasurer for deposit
11 into the General Revenue Fund. If the person has been
12 previously convicted of violating subsection (a) or a similar
13 provision of a local ordinance, the fine shall be $1,000. In
14 the event that more than one agency is responsible for the
15 arrest, the amount payable to law enforcement agencies shall be
16 shared equally. Any moneys received by a law enforcement agency
17 under this subsection (j) shall be used for enforcement and
18 prevention of driving while under the influence of alcohol,
19 other drug or drugs, intoxicating compound or compounds or any
20 combination thereof, as defined by this Section, including but
21 not limited to the to purchase of law enforcement equipment and
22 commodities that will assist in the prevention of alcohol
23 related criminal violence throughout the State; police officer
24 training and education in areas related to alcohol related
25 crime, including but not limited to DUI training; and police
26 officer salaries, including but not limited to salaries for
27 hire back funding for safety checkpoints, saturation patrols,
28 and liquor store sting operations. Equipment and commodities .
29 This shall include, but are is not limited to, in-car video
30 cameras, radar and laser speed detection devices, and alcohol
31 breath testers. Any moneys received by the Department of State
32 Police under this subsection (j) shall be deposited into the
33 State Police DUI Fund and shall be used for enforcement and
34 prevention of driving while under the influence of alcohol,

 

 

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1 other drug or drugs, intoxicating compound or compounds or any
2 combination thereof, as defined by this Section, including but
3 not limited to the to purchase of law enforcement equipment and
4 commodities that will assist in the prevention of alcohol
5 related criminal violence throughout the State; police officer
6 training and education in areas related to alcohol related
7 crime, including but not limited to DUI training; and police
8 officer salaries, including but not limited to salaries for
9 hire back funding for safety checkpoints, saturation patrols,
10 and liquor store sting operations.
11     (k) The Secretary of State Police DUI Fund is created as a
12 special fund in the State treasury. All moneys received by the
13 Secretary of State Police under subsection (j) of this Section
14 shall be deposited into the Secretary of State Police DUI Fund
15 and, subject to appropriation, shall be used for enforcement
16 and prevention of driving while under the influence of alcohol,
17 other drug or drugs, intoxicating compound or compounds or any
18 combination thereof, as defined by this Section, including but
19 not limited to the to purchase of law enforcement equipment and
20 commodities to assist in the prevention of alcohol related
21 criminal violence throughout the State; police officer
22 training and education in areas related to alcohol related
23 crime, including but not limited to DUI training; and police
24 officer salaries, including but not limited to salaries for
25 hire back funding for safety checkpoints, saturation patrols,
26 and liquor store sting operations.
27     (l) Whenever an individual is sentenced for an offense
28 based upon an arrest for a violation of subsection (a) or a
29 similar provision of a local ordinance, and the professional
30 evaluation recommends remedial or rehabilitative treatment or
31 education, neither the treatment nor the education shall be the
32 sole disposition and either or both may be imposed only in
33 conjunction with another disposition. The court shall monitor
34 compliance with any remedial education or treatment

 

 

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1 recommendations contained in the professional evaluation.
2 Programs conducting alcohol or other drug evaluation or
3 remedial education must be licensed by the Department of Human
4 Services. If the individual is not a resident of Illinois,
5 however, the court may accept an alcohol or other drug
6 evaluation or remedial education program in the individual's
7 state of residence. Programs providing treatment must be
8 licensed under existing applicable alcoholism and drug
9 treatment licensure standards.
10     (m) In addition to any other fine or penalty required by
11 law, an individual convicted of a violation of subsection (a),
12 Section 5-7 of the Snowmobile Registration and Safety Act,
13 Section 5-16 of the Boat Registration and Safety Act, or a
14 similar provision, whose operation of a motor vehicle,
15 snowmobile, or watercraft while in violation of subsection (a),
16 Section 5-7 of the Snowmobile Registration and Safety Act,
17 Section 5-16 of the Boat Registration and Safety Act, or a
18 similar provision proximately caused an incident resulting in
19 an appropriate emergency response, shall be required to make
20 restitution to a public agency for the costs of that emergency
21 response. The restitution may not exceed $1,000 per public
22 agency for each emergency response. As used in this subsection
23 (m), "emergency response" means any incident requiring a
24 response by a police officer, a firefighter carried on the
25 rolls of a regularly constituted fire department, or an
26 ambulance.
27 (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03;
28 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05;
29 93-840, eff. 7-30-04; 94-329, eff. 1-1-06.)
 
30     Section 99. Effective date. This Act takes effect upon
31 becoming law.".