Rep. Bill Mitchell

Filed: 3/8/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1811

2    AMENDMENT NO. ______. Amend House Bill 1811 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-501 as follows:
 
6    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
7    Sec. 11-501. Driving while under the influence of alcohol,
8other drug or drugs, intoxicating compound or compounds or any
9combination thereof.
10    (a) A person shall not drive or be in actual physical
11control of any vehicle within this State while:
12        (1) the alcohol concentration in the person's blood or
13    breath is 0.08 or more based on the definition of blood and
14    breath units in Section 11-501.2;
15        (2) under the influence of alcohol;
16        (3) under the influence of any intoxicating compound or

 

 

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1    combination of intoxicating compounds to a degree that
2    renders the person incapable of driving safely;
3        (4) under the influence of any other drug or
4    combination of drugs to a degree that renders the person
5    incapable of safely driving;
6        (5) under the combined influence of alcohol, other drug
7    or drugs, or intoxicating compound or compounds to a degree
8    that renders the person incapable of safely driving; or
9        (6) there is any amount of a drug, substance, or
10    compound in the person's breath, blood, or urine resulting
11    from the unlawful use or consumption of cannabis listed in
12    the Cannabis Control Act, a controlled substance listed in
13    the Illinois Controlled Substances Act, an intoxicating
14    compound listed in the Use of Intoxicating Compounds Act,
15    or methamphetamine as listed in the Methamphetamine
16    Control and Community Protection Act.
17    (b) The fact that any person charged with violating this
18Section is or has been legally entitled to use alcohol, other
19drug or drugs, or intoxicating compound or compounds, or any
20combination thereof, shall not constitute a defense against any
21charge of violating this Section.
22    (c) Penalties.
23        (1) Except as otherwise provided in this Section, any
24    person convicted of violating subsection (a) of this
25    Section is guilty of a Class A misdemeanor.
26        (2) A person who violates subsection (a) or a similar

 

 

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1    provision a second time shall be sentenced to a mandatory
2    minimum term of either 5 days of imprisonment or 240 hours
3    of community service in addition to any other criminal or
4    administrative sanction.
5        (3) A person who violates subsection (a) is subject to
6    6 months of imprisonment, an additional mandatory minimum
7    fine of $1,000, and 25 days of community service in a
8    program benefiting children if the person was transporting
9    a person under the age of 16 at the time of the violation.
10        (4) A person who violates subsection (a) a first time,
11    if the alcohol concentration in his or her blood, breath,
12    or urine was 0.16 or more based on the definition of blood,
13    breath, or urine units in Section 11-501.2, shall be
14    subject, in addition to any other penalty that may be
15    imposed, to a mandatory minimum of 100 hours of community
16    service and a mandatory minimum fine of $500.
17        (5) A person who violates subsection (a) a second time,
18    if at the time of the second violation the alcohol
19    concentration in his or her blood, breath, or urine was
20    0.16 or more based on the definition of blood, breath, or
21    urine units in Section 11-501.2, shall be subject, in
22    addition to any other penalty that may be imposed, to a
23    mandatory minimum of 2 days of imprisonment and a mandatory
24    minimum fine of $1,250.
25    (d) Aggravated driving under the influence of alcohol,
26other drug or drugs, or intoxicating compound or compounds, or

 

 

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1any combination thereof.
2        (1) Every person convicted of committing a violation of
3    this Section shall be guilty of aggravated driving under
4    the influence of alcohol, other drug or drugs, or
5    intoxicating compound or compounds, or any combination
6    thereof if:
7            (A) the person committed a violation of subsection
8        (a) or a similar provision for the third or subsequent
9        time;
10            (B) the person committed a violation of subsection
11        (a) while driving a school bus with persons 18 years of
12        age or younger on board;
13            (C) the person in committing a violation of
14        subsection (a) was involved in a motor vehicle accident
15        that resulted in great bodily harm or permanent
16        disability or disfigurement to another, when the
17        violation was a proximate cause of the injuries;
18            (D) the person committed a violation of subsection
19        (a) and has been previously convicted of violating
20        Section 9-3 of the Criminal Code of 1961 or the
21        Criminal Code of 2012 or a similar provision of a law
22        of another state relating to reckless homicide in which
23        the person was determined to have been under the
24        influence of alcohol, other drug or drugs, or
25        intoxicating compound or compounds as an element of the
26        offense or the person has previously been convicted

 

 

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1        under subparagraph (C) or subparagraph (F) of this
2        paragraph (1);
3            (E) the person, in committing a violation of
4        subsection (a) while driving at any speed in a school
5        speed zone at a time when a speed limit of 20 miles per
6        hour was in effect under subsection (a) of Section
7        11-605 of this Code, was involved in a motor vehicle
8        accident that resulted in bodily harm, other than great
9        bodily harm or permanent disability or disfigurement,
10        to another person, when the violation of subsection (a)
11        was a proximate cause of the bodily harm;
12            (F) the person, in committing a violation of
13        subsection (a), was involved in a motor vehicle,
14        snowmobile, all-terrain vehicle, or watercraft
15        accident that resulted in the death of another person,
16        when the violation of subsection (a) was a proximate
17        cause of the death;
18            (G) the person committed a violation of subsection
19        (a) during a period in which the defendant's driving
20        privileges are revoked or suspended, where the
21        revocation or suspension was for a violation of
22        subsection (a) or a similar provision, Section
23        11-501.1, paragraph (b) of Section 11-401, or for
24        reckless homicide as defined in Section 9-3 of the
25        Criminal Code of 1961 or the Criminal Code of 2012;
26            (H) the person committed the violation while he or

 

 

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1        she did not possess a driver's license or permit or a
2        restricted driving permit or a judicial driving permit
3        or a monitoring device driving permit;
4            (I) the person committed the violation while he or
5        she knew or should have known that the vehicle he or
6        she was driving was not covered by a liability
7        insurance policy;
8            (J) the person in committing a violation of
9        subsection (a) was involved in a motor vehicle accident
10        that resulted in bodily harm, but not great bodily
11        harm, to the child under the age of 16 being
12        transported by the person, if the violation was the
13        proximate cause of the injury; or
14            (K) the person in committing a second violation of
15        subsection (a) or a similar provision was transporting
16        a person under the age of 16.
17        (2)(A) Except as provided otherwise, 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.
22        (B) A third violation of this Section or a similar
23    provision is a Class 2 felony. If at the time of the third
24    violation the alcohol concentration in his or her blood,
25    breath, or urine was 0.16 or more based on the definition
26    of blood, breath, or urine units in Section 11-501.2, a

 

 

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1    mandatory minimum of 90 days of imprisonment and a
2    mandatory minimum fine of $2,500 shall be imposed in
3    addition to any other criminal or administrative sanction.
4    If at the time of the third violation, the defendant was
5    transporting a person under the age of 16, a mandatory fine
6    of $25,000 and 25 days of community service in a program
7    benefiting children shall be imposed in addition to any
8    other criminal or administrative sanction.
9        (C) A fourth violation of this Section or a similar
10    provision is a Class 2 felony, for which a sentence of
11    probation or conditional discharge may not be imposed. If
12    at the time of the violation, the alcohol concentration in
13    the defendant's blood, breath, or urine was 0.16 or more
14    based on the definition of blood, breath, or urine units in
15    Section 11-501.2, a mandatory minimum fine of $5,000 shall
16    be imposed in addition to any other criminal or
17    administrative sanction. If at the time of the fourth
18    violation, the defendant was transporting a person under
19    the age of 16 a mandatory fine of $25,000 and 25 days of
20    community service in a program benefiting children shall be
21    imposed in addition to any other criminal or administrative
22    sanction.
23        (D) A fifth violation of this Section or a similar
24    provision is a Class 1 felony, for which a sentence of
25    probation or conditional discharge may not be imposed. If
26    at the time of the violation, the alcohol concentration in

 

 

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1    the defendant's blood, breath, or urine was 0.16 or more
2    based on the definition of blood, breath, or urine units in
3    Section 11-501.2, a mandatory minimum fine of $5,000 shall
4    be imposed in addition to any other criminal or
5    administrative sanction. If at the time of the fifth
6    violation, the defendant was transporting a person under
7    the age of 16, a mandatory fine of $25,000, and 25 days of
8    community service in a program benefiting children shall be
9    imposed in addition to any other criminal or administrative
10    sanction.
11        (E) A sixth or subsequent violation of this Section or
12    similar provision is a Class X felony. If at the time of
13    the violation, the alcohol concentration in the
14    defendant's blood, breath, or urine was 0.16 or more based
15    on the definition of blood, breath, or urine units in
16    Section 11-501.2, a mandatory minimum fine of $5,000 shall
17    be imposed in addition to any other criminal or
18    administrative sanction. If at the time of the violation,
19    the defendant was transporting a person under the age of
20    16, a mandatory fine of $25,000 and 25 days of community
21    service in a program benefiting children shall be imposed
22    in addition to any other criminal or administrative
23    sanction.
24        (F) For a violation of subparagraph (C) of paragraph
25    (1) of this subsection (d), the defendant, if sentenced to
26    a term of imprisonment, shall be sentenced to not less than

 

 

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1    one year nor more than 12 years.
2        (G) A violation of subparagraph (F) of paragraph (1) of
3    this subsection (d) is a Class 2 felony, for which the
4    defendant, unless the court determines that extraordinary
5    circumstances exist and require probation, shall be
6    sentenced to: (i) a term of imprisonment of not less than 3
7    years and not more than 14 years if the violation resulted
8    in the death of one person; or (ii) a term of imprisonment
9    of not less than 6 years and not more than 28 years if the
10    violation resulted in the deaths of 2 or more persons.
11        (H) For a violation of subparagraph (J) of paragraph
12    (1) of this subsection (d), a mandatory fine of $2,500, and
13    25 days of community service in a program benefiting
14    children shall be imposed in addition to any other criminal
15    or administrative sanction.
16        (I) A violation of subparagraph (K) of paragraph (1) of
17    this subsection (d), is a Class 2 felony and a mandatory
18    fine of $2,500, and 25 days of community service in a
19    program benefiting children shall be imposed in addition to
20    any other criminal or administrative sanction. If the child
21    being transported suffered bodily harm, but not great
22    bodily harm, in a motor vehicle accident, and the violation
23    was the proximate cause of that injury, a mandatory fine of
24    $5,000 and 25 days of community service in a program
25    benefiting children shall be imposed in addition to any
26    other criminal or administrative sanction.

 

 

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1        (J) A violation of subparagraph (D) of paragraph (1) of
2    this subsection (d) is a Class 3 felony, for which a
3    sentence of probation or conditional discharge may not be
4    imposed.
5        (3) Any person sentenced under this subsection (d) who
6    receives a term of probation or conditional discharge must
7    serve a minimum term of either 480 hours of community
8    service or 10 days of imprisonment as a condition of the
9    probation or conditional discharge in addition to any other
10    criminal or administrative sanction.
11    (e) Any reference to a prior violation of subsection (a) or
12a similar provision includes any violation of a provision of a
13local ordinance or a provision of a law of another state or an
14offense committed on a military installation that is similar to
15a violation of subsection (a) of this Section.
16    (f) The imposition of a mandatory term of imprisonment or
17assignment of community service for a violation of this Section
18shall not be suspended or reduced by the court.
19    (g) Any penalty imposed for driving with a license that has
20been revoked for a previous violation of subsection (a) of this
21Section shall be in addition to the penalty imposed for any
22subsequent violation of subsection (a).
23    (h) For any prosecution under this Section, a certified
24copy of the driving abstract of the defendant shall be admitted
25as proof of any prior conviction.
26(Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)".