Full Text of HB2996 97th General Assembly
HB2996 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB2996 Introduced 2/23/2011, by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-501 | from Ch. 95 1/2, par. 11-501 |
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Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 11-501 as follows: | 6 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | 7 | | Sec. 11-501. Driving while under the influence of alcohol, | 8 | | other drug or drugs, intoxicating compound or compounds or any | 9 | | combination thereof.
| 10 | | (a) A person shall not drive or be in actual physical | 11 | | control of any any vehicle within this State while: | 12 | | (1) the alcohol concentration in the person's blood or | 13 | | breath is 0.08 or more based on the definition of blood and | 14 | | breath units in Section 11-501.2; | 15 | | (2) under the influence of alcohol; | 16 | | (3) under the influence of any intoxicating compound or | 17 | | combination of intoxicating compounds to a degree that | 18 | | renders the person incapable of driving safely; | 19 | | (4) under the influence of any other drug or | 20 | | combination of drugs to a degree that renders the person | 21 | | incapable of safely driving; | 22 | | (5) under the combined influence of alcohol, other drug | 23 | | or drugs, or intoxicating compound or compounds to a degree |
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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, an intoxicating | 7 | | compound listed in the Use of Intoxicating Compounds Act, | 8 | | or methamphetamine as listed in the Methamphetamine | 9 | | Control and Community Protection Act.
| 10 | | (b) The fact that any person charged with violating this | 11 | | Section is or has been legally entitled to use alcohol, other | 12 | | drug or drugs, or intoxicating compound or compounds, or any | 13 | | combination thereof, shall not constitute a defense against any | 14 | | charge of violating this Section. | 15 | | (c) Penalties. | 16 | | (1) Except as otherwise provided in this Section, any | 17 | | person convicted of violating subsection (a) of this | 18 | | Section is guilty of a Class A misdemeanor. | 19 | | (2) A person who violates subsection (a) or a similar | 20 | | provision a second time shall be sentenced to a mandatory | 21 | | minimum term of either 5 days of imprisonment or 240 hours | 22 | | of community service in addition to any other criminal or | 23 | | administrative sanction. | 24 | | (3) A person who violates subsection (a) is subject to | 25 | | 6 months of imprisonment, an additional mandatory minimum | 26 | | fine of $1,000, and 25 days of community service in a |
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| 1 | | program benefiting children if the person was transporting | 2 | | a person under the age of 16 at the time of the violation. | 3 | | (4) A person who violates subsection (a) a first time, | 4 | | if the alcohol concentration in his or her blood, breath, | 5 | | or urine was 0.16 or more based on the definition of blood, | 6 | | breath, or urine units in Section 11-501.2, shall be | 7 | | subject, in addition to any other penalty that may be | 8 | | imposed, to a mandatory minimum of 100 hours of community | 9 | | service and a mandatory minimum fine of $500. | 10 | | (5) A person who violates subsection (a) a second time, | 11 | | if at the time of the second violation 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 | | (d) Aggravated driving under the influence of alcohol, | 19 | | other drug or drugs, or intoxicating compound or compounds, or | 20 | | any combination thereof.
| 21 | | (1) Every person convicted of committing a violation of | 22 | | this Section shall be guilty of aggravated driving under | 23 | | the influence of alcohol, other drug or drugs, or | 24 | | intoxicating compound or compounds, or any combination | 25 | | thereof if: | 26 | | (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) and has been previously convicted of violating | 13 | | Section 9-3 of the Criminal Code of 1961 or a similar | 14 | | provision of a law of another state relating to | 15 | | reckless homicide in which the person was determined to | 16 | | have been under the influence of alcohol, other drug or | 17 | | drugs, or intoxicating compound or compounds as an | 18 | | element of the offense or the person has previously | 19 | | been convicted under subparagraph (C) or subparagraph | 20 | | (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 |
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| 1 | | bodily harm or permanent disability or disfigurement, | 2 | | to another person, when the violation of subsection (a) | 3 | | was a proximate cause of the bodily harm; | 4 | | (F) the person, in committing a violation of | 5 | | subsection (a), was involved in a motor vehicle, | 6 | | snowmobile, all-terrain vehicle, or watercraft | 7 | | accident that resulted in the death of another person, | 8 | | when the violation of subsection (a) was a proximate | 9 | | cause of the death; | 10 | | (G) the person committed a violation of subsection | 11 | | (a) during a period in which the defendant's driving | 12 | | privileges are revoked or suspended, where the | 13 | | revocation or suspension was for a violation of | 14 | | subsection (a) or a similar provision, Section | 15 | | 11-501.1, paragraph (b) of Section 11-401, or for | 16 | | reckless homicide as defined in Section 9-3 of the | 17 | | Criminal Code of 1961; | 18 | | (H) the person committed the violation while he or | 19 | | she did not possess a driver's license or permit or a | 20 | | restricted driving permit or a judicial driving permit | 21 | | or a monitoring device driving permit; | 22 | | (I) the person committed the violation while he or | 23 | | she knew or should have known that the vehicle he or | 24 | | she was driving was not covered by a liability | 25 | | insurance policy; | 26 | | (J) 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 bodily harm, but not great bodily | 3 | | harm, to the child under the age of 16 being | 4 | | transported by the person, if the violation was the | 5 | | proximate cause of the injury; or | 6 | | (K) the person in committing a second violation of | 7 | | subsection (a) or a similar provision was transporting | 8 | | a person under the age of 16. | 9 | | (2)(A) Except as provided otherwise, a person | 10 | | convicted of aggravated driving under the influence of | 11 | | alcohol, other drug or drugs, or intoxicating compound or | 12 | | compounds, or any combination thereof is guilty of a Class | 13 | | 4 felony. | 14 | | (B) A third violation of this Section or a similar | 15 | | provision is a Class 2 felony. If at the time of the third | 16 | | violation the alcohol concentration in his or her blood, | 17 | | breath, or urine was 0.16 or more based on the definition | 18 | | of blood, breath, or urine units in Section 11-501.2, a | 19 | | mandatory minimum of 90 days of imprisonment and a | 20 | | mandatory minimum fine of $2,500 shall be imposed in | 21 | | addition to any other criminal or administrative sanction. | 22 | | If at the time of the third violation, the defendant was | 23 | | transporting a person under the age of 16, a mandatory fine | 24 | | of $25,000 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 | | (C) A fourth violation of this Section or a similar | 2 | | provision is a Class 2 felony, for which a sentence of | 3 | | probation or conditional discharge may not be imposed. If | 4 | | at the time of the violation, the alcohol concentration in | 5 | | the defendant's blood, breath, or urine was 0.16 or more | 6 | | based on the definition of blood, breath, or urine units in | 7 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 8 | | be imposed in addition to any other criminal or | 9 | | administrative sanction. If at the time of the fourth | 10 | | violation, the defendant was transporting a person under | 11 | | the age of 16 a mandatory fine of $25,000 and 25 days of | 12 | | community service in a program benefiting children shall be | 13 | | imposed in addition to any other criminal or administrative | 14 | | sanction. | 15 | | (D) A fifth violation of this Section or a similar | 16 | | provision is a Class 1 felony, for which a sentence of | 17 | | probation or conditional discharge may not be imposed. If | 18 | | at the time of the violation, the alcohol concentration in | 19 | | the defendant's blood, breath, or urine was 0.16 or more | 20 | | based on the definition of blood, breath, or urine units in | 21 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 22 | | be imposed in addition to any other criminal or | 23 | | administrative sanction. If at the time of the fifth | 24 | | violation, the defendant was transporting a person under | 25 | | the age of 16, a mandatory fine of $25,000, and 25 days of | 26 | | community service in a program benefiting children shall be |
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| 1 | | imposed in addition to any other criminal or administrative | 2 | | sanction. | 3 | | (E) A sixth or subsequent violation of this Section or | 4 | | similar provision is a Class X felony. If at the time of | 5 | | the violation, the alcohol concentration in the | 6 | | defendant's blood, breath, or urine was 0.16 or more based | 7 | | on the definition of blood, breath, or urine units in | 8 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 9 | | be imposed in addition to any other criminal or | 10 | | administrative sanction. If at the time of the violation, | 11 | | the defendant was transporting a person under the age of | 12 | | 16, a mandatory fine of $25,000 and 25 days of community | 13 | | service in a program benefiting children shall be imposed | 14 | | in addition to any other criminal or administrative | 15 | | sanction. | 16 | | (F) For a violation of subparagraph (C) of paragraph | 17 | | (1) of this subsection (d), the defendant, if sentenced to | 18 | | a term of imprisonment, shall be sentenced to not less than | 19 | | one year nor more than 12 years. | 20 | | (G) A violation of subparagraph (F) of paragraph (1) of | 21 | | this subsection (d) is a Class 2 felony, for which the | 22 | | defendant, unless the court determines that extraordinary | 23 | | circumstances exist and require probation, shall be | 24 | | sentenced to: (i) a term of imprisonment of not less than 3 | 25 | | years and not more than 14 years if the violation resulted | 26 | | in the death of one person; or (ii) a term of imprisonment |
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| 1 | | of not less than 6 years and not more than 28 years if the | 2 | | violation resulted in the deaths of 2 or more persons. | 3 | | (H) For a violation of subparagraph (J) of paragraph | 4 | | (1) of this subsection (d), a mandatory fine of $2,500, and | 5 | | 25 days of community service in a program benefiting | 6 | | children shall be imposed in addition to any other criminal | 7 | | or administrative sanction. | 8 | | (I) A violation of subparagraph (K) of paragraph (1) of | 9 | | this subsection (d), is a Class 2 felony and a mandatory | 10 | | fine of $2,500, and 25 days of community service in a | 11 | | program benefiting children shall be imposed in addition to | 12 | | any other criminal or administrative sanction. If the child | 13 | | being transported suffered bodily harm, but not great | 14 | | bodily harm, in a motor vehicle accident, and the violation | 15 | | was the proximate cause of that injury, a mandatory fine of | 16 | | $5,000 and 25 days of community service in a program | 17 | | benefiting children shall be imposed in addition to any | 18 | | other criminal or administrative sanction. | 19 | | (J) A violation of subparagraph (D) of paragraph (1) of | 20 | | this subsection (d) is a Class 3 felony, for which a | 21 | | sentence of probation or conditional discharge may not be | 22 | | imposed. | 23 | | (3) Any person sentenced under this subsection (d) who | 24 | | receives a term of probation or conditional discharge must | 25 | | serve a minimum term of either 480 hours of community | 26 | | service or 10 days of imprisonment as a condition of the |
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| 1 | | probation or conditional discharge in addition to any other | 2 | | criminal or administrative sanction. | 3 | | (e) Any reference to a prior violation of subsection (a) or | 4 | | a similar provision includes any violation of a provision of a | 5 | | local ordinance or a provision of a law of another state or an | 6 | | offense committed on a military installation that is similar to | 7 | | a violation of subsection (a) of this Section. | 8 | | (f) The imposition of a mandatory term of imprisonment or | 9 | | assignment of community service for a violation of this Section | 10 | | shall not be suspended or reduced by the court. | 11 | | (g) Any penalty imposed for driving with a license that has | 12 | | been revoked for a previous violation of subsection (a) of this | 13 | | Section shall be in addition to the penalty imposed for any | 14 | | subsequent violation of subsection (a). | 15 | | (h) For any prosecution under this Section, a certified | 16 | | copy of the driving abstract of the defendant shall be admitted | 17 | | as proof of any prior conviction.
| 18 | | (Source: P.A. 95-149, eff. 8-14-07; 95-355, eff. 1-1-08; | 19 | | 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-778, eff. 8-4-08; | 20 | | 95-876, eff. 8-21-08; 96-289, eff. 8-11-09.)
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