Full Text of HB4966 93rd General Assembly
HB4966 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4966
Introduced 02/05/04, by Kenneth Dunkin SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-103 |
from Ch. 95 1/2, par. 6-103 |
625 ILCS 5/6-208 |
from Ch. 95 1/2, par. 6-208 |
625 ILCS 5/11-501 |
from Ch. 95 1/2, par. 11-501 |
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Amends the Illinois Vehicle Code. Provides that a person who has been convicted in another state of an offense similar to reckless homicide may not be granted driving privileges within 2 years of the date on which the person's driving privileges were revoked or suspended or within 24 months of being released from a prison term for commission of the offense. Provides that a person who commits the offense of driving under the influence of alcohol, drugs, intoxicating compounds, or any combination of them is guilty of aggravated DUI if the person previously had been convicted in another state of an offense similar to reckless homicide and the person's intoxication was an element of the offense. Deletes language providing that, if a DUI defendant prohibited under the terms of a previous DUI conviction from driving a vehicle not equipped with an ignition interlock device nevertheless drove a vehicle not equipped with the device, the period during which the person is prohibited from driving a non-equipped vehicle shall be extended by an additional period equal to the period of the initial prohibition.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4966 |
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LRB093 15263 DRH 40862 b |
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| AN ACT concerning vehicles.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 6-103, 6-208, and 11-501 as follows:
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| (625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
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| Sec. 6-103. What persons shall not be licensed as drivers | 8 |
| or granted
permits. The Secretary of State shall not issue, | 9 |
| renew, or
allow the retention of any driver's
license nor issue | 10 |
| any permit under this Code:
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| 1. To any person, as a driver, who is under the age of | 12 |
| 18 years except
as provided in Section 6-107, and except | 13 |
| that an instruction permit may be
issued under paragraphs | 14 |
| (a) and (b) of Section 6-105 to a child who
is not less | 15 |
| than 15 years of age if the child is enrolled in an | 16 |
| approved
driver education course as defined in Section | 17 |
| 1-103 of this Code and
requires an instruction permit to | 18 |
| participate therein, except that an
instruction permit may | 19 |
| be issued under the provisions of Section 6-107.1
to a | 20 |
| child who is 17 years and 9 months of age without the child | 21 |
| having
enrolled in an
approved driver education course and | 22 |
| except that an
instruction permit may be issued to a child | 23 |
| who is at least 15 years and 6
months of age, is enrolled | 24 |
| in school, meets the educational requirements of
the Driver | 25 |
| Education Act, and has passed examinations the Secretary of | 26 |
| State in
his or her discretion may prescribe;
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| 2. To any person who is under the age of 18 as an | 28 |
| operator of a motorcycle
other than a motor driven cycle | 29 |
| unless the person has, in addition to
meeting the | 30 |
| provisions of Section 6-107 of this Code, successfully
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| completed a motorcycle
training course approved by the | 32 |
| Illinois Department of Transportation and
successfully |
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| completes the required Secretary of State's motorcycle | 2 |
| driver's
examination;
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| 3. To any person, as a driver, whose driver's license | 4 |
| or permit has been
suspended, during the suspension, nor to | 5 |
| any person whose driver's license or
permit has been | 6 |
| revoked, except as provided in Sections 6-205, 6-206, and
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| 6-208;
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| 4. To any person, as a driver, who is a user of alcohol | 9 |
| or any other
drug to a degree that renders the person | 10 |
| incapable of safely driving a motor
vehicle;
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| 5. To any person, as a driver, who has previously been | 12 |
| adjudged to be
afflicted with or suffering from any mental | 13 |
| or physical disability or disease
and who has not at the | 14 |
| time of application been restored to competency by the
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| methods provided by law;
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| 6. To any person, as a driver, who is required by the | 17 |
| Secretary of State
to submit an alcohol and drug evaluation | 18 |
| or take an examination provided
for in this Code unless the | 19 |
| person has
successfully passed the examination and | 20 |
| submitted any required evaluation;
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| 7. To any person who is required under the provisions | 22 |
| of the laws of
this State to deposit security or proof of | 23 |
| financial responsibility and who
has not deposited the | 24 |
| security or proof;
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| 8. To any person when the Secretary of State has good | 26 |
| cause to believe
that the person by reason of physical or | 27 |
| mental disability would not be
able to safely operate a | 28 |
| motor vehicle upon the highways, unless the
person shall | 29 |
| furnish to the Secretary of State a verified written
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| statement, acceptable to the Secretary of State, from a | 31 |
| competent medical
specialist to the effect that the | 32 |
| operation of a motor vehicle by the
person would not be | 33 |
| inimical to the public safety;
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| 9. To any person, as a driver, who is 69 years of age | 35 |
| or older, unless
the person has successfully complied with | 36 |
| the provisions of Section 6-109;
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| 10. To any person convicted, within 12 months of | 2 |
| application for a
license, of any of the sexual offenses | 3 |
| enumerated in paragraph 2 of subsection
(b) of Section | 4 |
| 6-205;
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| 11. To any person who is under the age of 21 years with | 6 |
| a classification
prohibited in paragraph (b) of Section | 7 |
| 6-104 and to any person who is under
the age of 18 years | 8 |
| with a classification prohibited in paragraph (c) of
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| Section 6-104;
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| 12. To any person who has been either convicted of or | 11 |
| adjudicated under
the Juvenile Court Act of 1987 based upon | 12 |
| a violation of the Cannabis Control
Act or the Illinois | 13 |
| Controlled Substances Act while that person was in actual
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| physical control of a motor vehicle. For purposes of this | 15 |
| Section, any person
placed on probation under Section 10 of | 16 |
| the Cannabis Control Act or Section 410
of the Illinois | 17 |
| Controlled Substances Act shall not be considered | 18 |
| convicted.
Any person found guilty of this offense, while | 19 |
| in actual physical control of a
motor vehicle, shall have | 20 |
| an entry made in the court record by the judge that
this | 21 |
| offense did occur while the person was in actual physical | 22 |
| control of a
motor vehicle and order the clerk of the court | 23 |
| to report the violation to the
Secretary of State as such. | 24 |
| The Secretary of State shall not issue a new
license or | 25 |
| permit for a period of one year;
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| 13. To any person who is under the age of 18 years and | 27 |
| who has committed
the offense
of operating a motor vehicle | 28 |
| without a valid license or permit in violation of
Section | 29 |
| 6-101;
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| 14. To any person who is
90 days or more
delinquent in | 31 |
| court ordered child support
payments or has been | 32 |
| adjudicated in arrears
in an amount equal to 90 days' | 33 |
| obligation or more
and who has been found in contempt
of
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| court for failure to pay the support, subject to the | 35 |
| requirements and
procedures of Article VII of Chapter 7 of
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| the Illinois Vehicle Code; or
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| 15. To any person released from a term of imprisonment | 2 |
| for violating
Section 9-3 of the Criminal Code of 1961 or a | 3 |
| similar provision of a law of another state relating to | 4 |
| reckless homicide within
24 months of release from a term | 5 |
| of imprisonment.
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| The Secretary of State shall retain all conviction
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| information, if the information is required to be held | 8 |
| confidential under
the Juvenile Court Act of 1987.
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| (Source: P.A. 92-343, eff. 1-1-02; 93-174, eff. 1-1-04.)
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| (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
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| Sec. 6-208. Period of Suspension - Application After | 12 |
| Revocation.
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| (a) Except as otherwise provided by this Code or any other | 14 |
| law of this
State, the Secretary of State shall not suspend a | 15 |
| driver's license,
permit or privilege to drive a motor vehicle | 16 |
| on the highways for a
period of more than one year.
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| (b) Any person whose license, permit or privilege to drive | 18 |
| a motor
vehicle on the highways has been revoked shall not be | 19 |
| entitled to have
such license, permit or privilege renewed or | 20 |
| restored. However, such
person may, except as provided under | 21 |
| subsection (d) of Section 6-205, make
application for a license | 22 |
| pursuant to Section 6-106 (i) if the revocation
was
for a cause | 23 |
| which has been removed or (ii) as provided in the following
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| subparagraphs:
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| 1. Except as provided in subparagraphs 2, 3, and 4,
the | 26 |
| person may make application for a license after the | 27 |
| expiration of one
year from the effective date of the | 28 |
| revocation
or, in the case of a violation of paragraph (b) | 29 |
| of Section 11-401 of this
Code or a similar provision of a | 30 |
| local ordinance, after the expiration of 3
years from the | 31 |
| effective date of the revocation or, in the case of a | 32 |
| violation
of Section 9-3 of the Criminal Code of 1961 or a | 33 |
| similar provision of a law of another state relating to the | 34 |
| offense of reckless
homicide, after the expiration of 2 | 35 |
| years from the effective date of the
revocation
or after |
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| the expiration of 24 months from the date of release from
a
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| period of imprisonment as provided in Section
6-103 of this | 3 |
| Code, whichever is later.
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| 2. If such person is convicted of committing a second | 5 |
| violation within a
20 year period of:
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| (A) Section 11-501 of this Code, or a similar | 7 |
| provision of a local
ordinance; or
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| (B) Paragraph (b) of Section 11-401 of this Code, | 9 |
| or a similar
provision
of a local ordinance; or
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| (C) Section 9-3 of the Criminal Code of 1961, as | 11 |
| amended, relating
to the
offense of reckless homicide; | 12 |
| or
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| (D) any combination of the above offenses | 14 |
| committed at different
instances;
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| then such person may not make application for a license | 16 |
| until after
the expiration of 5 years from the effective | 17 |
| date of the most recent
revocation. The 20 year period | 18 |
| shall be computed by using the dates the
offenses were | 19 |
| committed and shall also include similar out-of-state
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| offenses.
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| 3. However, except as provided in subparagraph 4, if | 22 |
| such person is
convicted of committing a third, or
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| subsequent, violation or any combination of the above | 24 |
| offenses, including
similar out-of-state offenses, | 25 |
| contained in subparagraph 2, then such person
may not make | 26 |
| application for a license until after the expiration of 10 | 27 |
| years
from the effective date of the most recent | 28 |
| revocation.
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| 4. The person may not make application for a license if | 30 |
| the person is
convicted of committing a fourth or | 31 |
| subsequent
violation of Section 11-501 of this Code or a | 32 |
| similar provision of a local
ordinance, Section 11-401 of | 33 |
| this Code, Section 9-3 of the
Criminal Code of 1961, or
a | 34 |
| combination of these offenses
or similar provisions of | 35 |
| local ordinances
or similar out-of-state offenses.
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| Notwithstanding any other provision of this Code, all |
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| persons referred to
in this paragraph (b) may not have their | 2 |
| privileges restored until the
Secretary receives payment of the | 3 |
| required reinstatement fee pursuant to
subsection (b) of | 4 |
| Section 6-118.
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| In no event shall the Secretary issue such license
unless | 6 |
| and until such person has had a hearing pursuant to this Code | 7 |
| and
the appropriate administrative rules and the Secretary is
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| satisfied, after a review or investigation of such person, that
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| to grant the privilege of driving a motor vehicle on the | 10 |
| highways will
not endanger the public safety or welfare.
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| (c) (Blank).
If a person prohibited under paragraph (2) or | 12 |
| paragraph (3) of
subsection (c-4) of Section 11-501 from
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| driving any vehicle not equipped with an ignition interlock | 14 |
| device nevertheless
is convicted of driving a vehicle that is | 15 |
| not equipped with the device,
that person is prohibited from | 16 |
| driving any vehicle not equipped with an
ignition interlock | 17 |
| device for an additional period of time equal to the initial
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| time period that the person was required to use an ignition | 19 |
| interlock device.
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| (Source: P.A. 91-357, eff. 7-29-99; 92-343, eff. 1-1-02; | 21 |
| 92-418, eff.
8-17-01; 92-458, eff. 8-22-01; 92-651, eff. | 22 |
| 7-11-02.)
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| (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
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| Sec. 11-501. Driving while under the influence of alcohol, | 25 |
| other drug or
drugs, intoxicating compound or compounds or any | 26 |
| combination thereof.
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| (a) A person shall not drive or be in actual
physical | 28 |
| control of any vehicle within this State while:
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| (1) the alcohol concentration in the person's blood or | 30 |
| breath is 0.08
or more based on the definition of blood and | 31 |
| breath units in Section 11-501.2;
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| (2) under the influence of alcohol;
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| (3) under the influence of any intoxicating compound or | 34 |
| combination of
intoxicating compounds to a degree that | 35 |
| renders the person incapable of
driving safely;
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| (4) under the influence of any other drug or | 2 |
| combination of drugs to a
degree that renders the person | 3 |
| incapable of safely driving;
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| (5) under the combined influence of alcohol, other drug | 5 |
| or drugs, or
intoxicating compound or compounds to a degree | 6 |
| that renders the person
incapable of safely driving; or
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| (6) there is any amount of a drug, substance, or | 8 |
| compound in the
person's breath, blood, or urine resulting | 9 |
| from the unlawful use or consumption
of cannabis listed in | 10 |
| the Cannabis Control Act, a controlled substance listed
in | 11 |
| the Illinois Controlled Substances Act, or an intoxicating | 12 |
| compound listed
in the Use of Intoxicating Compounds Act.
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| (b) The fact that any person charged with violating this | 14 |
| Section is or
has been legally entitled to use alcohol, other | 15 |
| drug or drugs, or
intoxicating compound or compounds, or any
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| combination thereof, shall not constitute a defense against any | 17 |
| charge of
violating this Section.
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| (c) Except as provided under paragraphs (c-3), (c-4), and | 19 |
| (d) of this
Section,
every person convicted of violating this | 20 |
| Section or a similar provision of a
local ordinance, shall be | 21 |
| guilty of a Class A misdemeanor and, in addition to
any other | 22 |
| criminal or administrative action, for any second conviction of
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| violating this Section or a similar provision of a law of | 24 |
| another state or
local ordinance committed within 5 years of a | 25 |
| previous violation of this
Section or a similar provision of a | 26 |
| local ordinance shall be mandatorily
sentenced to a minimum of | 27 |
| 5 days of imprisonment or assigned to a
minimum of 30 days of | 28 |
| community service as may be determined by the court.
Every | 29 |
| person convicted of violating this Section or a similar | 30 |
| provision of a
local ordinance shall be subject to an | 31 |
| additional mandatory minimum fine of
$500 and an additional
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| mandatory 5 days of community service in a program benefiting | 33 |
| children if the
person committed a violation of paragraph (a) | 34 |
| or a similar provision of a local
ordinance while transporting | 35 |
| a person under age 16. Every person
convicted a second time for | 36 |
| violating this Section or a similar provision of a
local |
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| ordinance within 5 years of a previous violation of this | 2 |
| Section or a
similar provision of a law of another state or | 3 |
| local ordinance shall be subject
to an additional mandatory | 4 |
| minimum
fine of $500 and an additional 10 days of mandatory | 5 |
| community service in a
program benefiting
children if the | 6 |
| current offense was committed while transporting a person
under | 7 |
| age 16. The imprisonment or assignment under this subsection
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| shall not be subject to suspension nor shall the person be | 9 |
| eligible for
probation in order to reduce the sentence or | 10 |
| assignment.
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| (c-1) (1) A person who violates this Section 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 this Section, Section 11-501.1, paragraph (b)
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| of Section 11-401, or Section 9-3 of the Criminal Code of | 16 |
| 1961 is guilty of a
Class 4 felony.
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| (2) A person who violates this Section a third time | 18 |
| during a period in
which his or her driving privileges are | 19 |
| revoked or suspended where the
revocation
or suspension was | 20 |
| for a violation of this Section, Section 11-501.1, | 21 |
| paragraph
(b) of Section 11-401, or Section 9-3 of the | 22 |
| Criminal Code of 1961 is guilty of
a Class 3 felony.
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| (3) A person who violates this Section a fourth or | 24 |
| subsequent time
during a period in which his
or her driving | 25 |
| privileges are revoked or suspended where the revocation
or | 26 |
| suspension was for a violation of this Section, Section | 27 |
| 11-501.1, paragraph
(b) of Section 11-401, or Section 9-3 | 28 |
| of the Criminal Code of 1961 is guilty of
a Class 2 felony.
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| (c-2) (Blank).
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| (c-3) Every person convicted of violating this Section or a | 31 |
| similar
provision of a local ordinance who had a child under | 32 |
| age 16 in the vehicle at
the time of the offense shall have his | 33 |
| or her punishment under this Act
enhanced by 2 days of | 34 |
| imprisonment for a first offense, 10 days of imprisonment
for a | 35 |
| second offense, 30 days of imprisonment for a third offense, | 36 |
| and 90 days
of imprisonment for a fourth or subsequent offense, |
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| in addition to the fine and
community service required under | 2 |
| subsection (c) and the possible imprisonment
required under | 3 |
| subsection (d). The imprisonment or assignment under this
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| subsection shall not be subject to suspension nor shall the | 5 |
| person be eligible
for probation in order to reduce the | 6 |
| sentence or assignment.
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| (c-4) When a person is convicted of violating Section | 8 |
| 11-501 of this
Code or a similar provision of a local | 9 |
| ordinance, the following penalties apply
when his or her blood, | 10 |
| breath, or urine was
.16 or more based on the definition of | 11 |
| blood, breath, or urine units in Section
11-501.2 or when that | 12 |
| person is convicted of violating this Section while
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| transporting a child under the age of 16:
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| (1) A person who is convicted of violating subsection | 15 |
| (a) of Section
11-501 of this
Code a
first time, in | 16 |
| addition to any other penalty that may be imposed under
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| subsection (c), is subject to
a mandatory minimum of
100 | 18 |
| hours
of community service
and
a minimum fine of $500.
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| (2) A person who is convicted of violating subsection | 20 |
| (a) of Section
11-501 of this
Code a
second time within 10 | 21 |
| years, in addition to any other penalty
that may be imposed | 22 |
| under subsection (c), is subject to
a mandatory minimum of | 23 |
| 2 days of imprisonment
and
a minimum fine of $1,250.
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| (3) A person who is convicted of violating subsection | 25 |
| (a) of Section
11-501 of this
Code a third time within 20 | 26 |
| years is guilty of a Class 4 felony and, in
addition to any
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| other penalty that may be imposed under subsection (c), is | 28 |
| subject to
a mandatory minimum of 90 days of imprisonment | 29 |
| and
a minimum fine of $2,500.
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| (4) A person who is convicted of violating this | 31 |
| subsection (c-4) a fourth
or subsequent
time is
guilty of a | 32 |
| Class 2 felony and, in addition to any other penalty
that | 33 |
| may be imposed under subsection (c), is not
eligible for a | 34 |
| sentence of probation or conditional
discharge and is
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| subject to a minimum fine of $2,500.
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| (d) (1) Every person convicted of committing a violation of |
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| this Section
shall be guilty of aggravated driving under | 2 |
| the influence of alcohol,
other drug or drugs, or | 3 |
| intoxicating compound or compounds, or any combination
| 4 |
| thereof if:
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| (A) the person committed a violation of this | 6 |
| Section, or a similar
provision of a law of another | 7 |
| state or a local ordinance when the cause of
action is | 8 |
| the same as or substantially similar to this Section, | 9 |
| for the
third or subsequent time;
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| (B) the person committed a violation of paragraph | 11 |
| (a) while
driving a school bus with children on board;
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| (C) the person in committing a violation of | 13 |
| paragraph (a) was
involved in a motor vehicle accident | 14 |
| that resulted in great bodily harm or
permanent | 15 |
| disability or disfigurement to another, when the | 16 |
| violation was
a proximate cause of the injuries;
| 17 |
| (D) the person committed a violation of paragraph | 18 |
| (a) for a
second time and has been previously convicted | 19 |
| of violating Section 9-3 of the
Criminal Code of 1961 | 20 |
| or a similar provision of a law of another state
| 21 |
| relating to reckless homicide in which the person was
| 22 |
| determined to have been under the influence of alcohol, | 23 |
| other drug or
drugs, or intoxicating compound or | 24 |
| compounds as an element of the offense or
the person | 25 |
| has previously been convicted
under subparagraph (C) | 26 |
| or subparagraph (F) of this paragraph (1);
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| (E) the person, in committing a violation of | 28 |
| paragraph (a) while
driving at any speed in a school | 29 |
| speed zone at a time when a speed limit of
20 miles per | 30 |
| hour was in effect under subsection (a) of Section | 31 |
| 11-605 of
this Code, was involved in a motor vehicle | 32 |
| accident that resulted in bodily
harm, other than great | 33 |
| bodily harm or permanent disability or disfigurement,
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| to another person, when the violation of paragraph (a) | 35 |
| was a proximate cause
of the bodily harm; or
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| (F) the person, in committing a violation of |
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| paragraph (a), was
involved in a motor vehicle, | 2 |
| snowmobile, all-terrain vehicle, or watercraft
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| accident that resulted in
the death of another person, | 4 |
| when the violation of paragraph (a) was
a proximate | 5 |
| cause of the death.
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| (2) Except as provided in this paragraph (2), | 7 |
| aggravated driving under
the
influence of alcohol, other | 8 |
| drug or
drugs,
or intoxicating compound or compounds, or | 9 |
| any
combination thereof is a Class 4 felony. For a | 10 |
| violation of subparagraph (C)
of
paragraph (1) of this | 11 |
| subsection (d), the defendant, if sentenced to a term
of | 12 |
| imprisonment, shall be sentenced
to not less than
one year | 13 |
| nor more than 12 years.
Aggravated driving under the | 14 |
| influence of alcohol, other drug or drugs,
or intoxicating | 15 |
| compound or compounds, or any combination thereof as
| 16 |
| defined in subparagraph (F) of paragraph (1) of this | 17 |
| subsection (d) is
a Class 2 felony, for which the | 18 |
| defendant, if sentenced to a term of
imprisonment, shall be | 19 |
| sentenced to: (A) a
term of imprisonment of not less than 3 | 20 |
| years and not more
than 14 years if the violation resulted | 21 |
| in the death of one person; or
(B) a term of imprisonment | 22 |
| of not less than 6 years and not
more than 28 years if the | 23 |
| violation resulted in the deaths of 2 or more
persons.
For | 24 |
| any prosecution under this subsection
(d), a certified copy | 25 |
| of the
driving abstract of the defendant shall be admitted | 26 |
| as proof of any prior
conviction.
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| (e) After a finding of guilt and prior to any final | 28 |
| sentencing, or an
order for supervision, for an offense based | 29 |
| upon an arrest for a
violation of this Section or a similar | 30 |
| provision of a local ordinance,
individuals shall be required | 31 |
| to undergo a professional evaluation to
determine if an | 32 |
| alcohol, drug, or intoxicating compound abuse problem exists
| 33 |
| and the
extent of the problem, and undergo the imposition of | 34 |
| treatment as appropriate.
Programs conducting these | 35 |
| evaluations shall be
licensed by the Department of Human | 36 |
| Services. The cost of any professional
evaluation shall be paid |
|
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LRB093 15263 DRH 40862 b |
|
| 1 |
| for by the
individual
required to undergo the professional | 2 |
| evaluation.
| 3 |
| (e-1) Any person who is found guilty of or pleads guilty to | 4 |
| violating this
Section, including any person receiving a | 5 |
| disposition of court supervision for
violating this Section, | 6 |
| may be required by the Court to attend a victim
impact panel | 7 |
| offered by, or under contract with, a County State's Attorney's
| 8 |
| office, a probation and court services department, Mothers | 9 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated | 10 |
| Motorists.
All costs generated by
the victim impact panel shall | 11 |
| be paid from fees collected from the
offender or as may be | 12 |
| determined by the court.
| 13 |
| (f) Every person found guilty of violating this Section, | 14 |
| whose
operation of a motor vehicle while in violation of this | 15 |
| Section proximately
caused any incident resulting in an | 16 |
| appropriate emergency response, shall
be liable for the expense | 17 |
| of an emergency response as provided under
Section 5-5-3 of the | 18 |
| Unified Code of Corrections.
| 19 |
| (g) The Secretary of State shall revoke the driving | 20 |
| privileges of any
person convicted under this Section or a | 21 |
| similar provision of a local
ordinance.
| 22 |
| (h) Every person sentenced under paragraph (2) or (3) of | 23 |
| subsection (c-1)
of this Section or subsection (d) of this | 24 |
| Section and who
receives a term of probation or conditional | 25 |
| discharge shall be required to
serve a minimum term of either | 26 |
| 60 days community service or 10 days of
imprisonment as a | 27 |
| condition of the probation or
conditional discharge. This | 28 |
| mandatory minimum term of imprisonment or
assignment of | 29 |
| community service shall not be suspended and shall
not be | 30 |
| subject to reduction by the court.
| 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
| 35 |
| ordinance. The Secretary shall establish by rule and regulation | 36 |
| the procedures
for certification and use of the interlock |
|
|
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LRB093 15263 DRH 40862 b |
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| 1 |
| system.
| 2 |
| (j) In addition to any other penalties and liabilities, a | 3 |
| person who is
found guilty of or pleads guilty to violating | 4 |
| this Section, including any
person placed on court supervision | 5 |
| for violating this Section, shall be fined
$100, payable to the
| 6 |
| circuit clerk, who shall distribute the money to the law | 7 |
| enforcement agency
that made the arrest. If the person has been | 8 |
| previously convicted of violating
this Section or a similar | 9 |
| provision of a local ordinance, the fine shall be
$200. In the | 10 |
| event that more than one agency is responsible
for the arrest, | 11 |
| the $100 or $200 shall be shared equally. Any moneys received
| 12 |
| by a law
enforcement agency under this subsection (j) shall be | 13 |
| used to purchase law
enforcement equipment that will assist in | 14 |
| the prevention of alcohol related
criminal violence throughout | 15 |
| the State. This shall include, but is not limited
to, in-car | 16 |
| video cameras, radar and laser speed detection devices, and | 17 |
| alcohol
breath testers.
Any moneys received by the Department | 18 |
| of State Police under this subsection
(j) shall be deposited | 19 |
| into the State Police DUI Fund and shall be used to
purchase | 20 |
| law enforcement equipment that will assist in the prevention of
| 21 |
| alcohol related criminal violence throughout the State.
| 22 |
| (k) The Secretary of State Police DUI Fund is created as a | 23 |
| special
fund in the State treasury. All moneys received by the | 24 |
| Secretary of State
Police under subsection (j) of this Section | 25 |
| shall be deposited into the
Secretary of State Police DUI Fund | 26 |
| and, subject to appropriation, shall be
used to purchase law | 27 |
| enforcement equipment to assist in the prevention of
alcohol | 28 |
| related criminal violence throughout the State.
| 29 |
| (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01;
| 30 |
| 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; | 31 |
| 92-651, eff.
7-11-02; 93-156, eff. 1-1-04; 93-213, eff. | 32 |
| 7-18-03; 93-584, eff.
8-22-03; revised 8-27-03.)
|
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