093_SB0096sam002











                                     LRB093 05248 DRH 13875 a

 1                     AMENDMENT TO SENATE BILL 96

 2        AMENDMENT NO.     .  Amend Senate Bill  96  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        Sec.  11-501.   Driving  while  under  the  influence  of
 8    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
 9    compounds or any combination thereof.
10        (a)  A person shall not drive or be  in  actual  physical
11    control of any vehicle within this State while:
12             (1)  the alcohol concentration in the person's blood
13        or  breath  is  0.08  or  more based on the definition of
14        blood and breath units in Section 11-501.2;
15             (2)  under the influence of alcohol;
16             (3)  under  the  influence   of   any   intoxicating
17        compound  or  combination  of intoxicating compounds to a
18        degree that  renders  the  person  incapable  of  driving
19        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;
 
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 1             (5)  under the combined influence of alcohol,  other
 2        drug or drugs, or intoxicating compound or compounds to a
 3        degree  that  renders  the  person  incapable  of  safely
 4        driving; or
 5             (6)  there  is  any  amount of a drug, substance, or
 6        compound  in  the  person's  breath,  blood,   or   urine
 7        resulting   from  the  unlawful  use  or  consumption  of
 8        cannabis listed in the Cannabis Control Act, a controlled
 9        substance listed in the  Illinois  Controlled  Substances
10        Act,  or  an  intoxicating  compound listed in the Use of
11        Intoxicating Compounds Act.
12        (b)  The fact that any person charged with violating this
13    Section is or has been legally entitled to use alcohol, other
14    drug or drugs, or intoxicating compound or compounds, or  any
15    combination  thereof,  shall not constitute a defense against
16    any charge of violating this Section.
17        (c)  Except as provided under  paragraphs  (c-3),  (c-4),
18    and  (d) of this Section, every person convicted of violating
19    this Section or a similar provision  of  a  local  ordinance,
20    shall  be guilty of a Class A misdemeanor and, in addition to
21    any other criminal or administrative action, for  any  second
22    conviction  of  violating this Section or a similar provision
23    of a law of another state or local ordinance committed within
24    5 years of a previous violation of this Section or a  similar
25    provision of a local ordinance shall be mandatorily sentenced
26    to  a  minimum  of  5  days  of imprisonment or assigned to a
27    minimum of 30 days of community service as may be  determined
28    by  the  court.  Every  person  convicted  of  violating this
29    Section or a similar provision of a local ordinance shall  be
30    subject  to  an additional mandatory minimum fine of $500 and
31    an additional mandatory 5 days  of  community  service  in  a
32    program   benefiting  children  if  the  person  committed  a
33    violation of paragraph (a) or a similar provision of a  local
34    ordinance  while  transporting  a person under age 16.  Every
 
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 1    person convicted a second time for violating this Section  or
 2    a  similar provision of a local ordinance within 5 years of a
 3    previous violation of this Section or a similar provision  of
 4    a law of another state or local ordinance shall be subject to
 5    an   additional   mandatory  minimum  fine  of  $500  and  an
 6    additional 10  days  of  mandatory  community  service  in  a
 7    program  benefiting  children  if  the  current  offense  was
 8    committed  while  transporting  a  person  under age 16.  The
 9    imprisonment or assignment under this subsection shall not be
10    subject to suspension nor shall the person  be  eligible  for
11    probation in order to reduce the sentence or assignment.
12        (c-1) (1)  A  person  who  violates this Section during a
13        period in which his or her driving privileges are revoked
14        or suspended, where the revocation or suspension was  for
15        a  violation of this Section, Section 11-501.1, paragraph
16        (b) of Section 11-401, or Section  9-3  of  the  Criminal
17        Code of 1961 is guilty of a Class 4 felony.
18             (2)  A person who violates this Section a third time
19        during  a  period  in which his or her driving privileges
20        are  revoked  or  suspended  where  the   revocation   or
21        suspension  was  for a violation of this Section, Section
22        11-501.1, paragraph (b) of Section 11-401, or Section 9-3
23        of the Criminal Code of 1961  is  guilty  of  a  Class  3
24        felony.
25             (3)  A  person who violates this Section a fourth or
26        subsequent time during a  period  in  which  his  or  her
27        driving  privileges  are  revoked  or suspended where the
28        revocation or suspension was  for  a  violation  of  this
29        Section,  Section  11-501.1,  paragraph  (b)  of  Section
30        11-401,  or  Section  9-3 of the Criminal Code of 1961 is
31        guilty of a Class 2 felony.
32        (c-2)  (Blank).
33        (c-3)  Every person convicted of violating  this  Section
34    or  a  similar provision of a local ordinance who had a child
 
                            -4-      LRB093 05248 DRH 13875 a
 1    under age 16 in the vehicle at the time of the offense  shall
 2    have  his or her punishment under this Act enhanced by 2 days
 3    of imprisonment for a first offense, 10 days of  imprisonment
 4    for  a  second  offense,  30 days of imprisonment for a third
 5    offense,  and  90  days  of  imprisonment  for  a  fourth  or
 6    subsequent offense, in addition to  the  fine  and  community
 7    service  required  under  subsection  (c)  and  the  possible
 8    imprisonment required under subsection (d).  The imprisonment
 9    or  assignment  under this subsection shall not be subject to
10    suspension nor shall the person be eligible for probation  in
11    order to reduce the sentence or assignment.
12        (c-4)  When  a  person  is convicted of violating Section
13    11-501 of this  Code  or  a  similar  provision  of  a  local
14    ordinance,  the  following  penalties  apply  when his or her
15    blood, breath,  or  urine  was  .16  or  more  based  on  the
16    definition  of  blood,  breath,  or  urine  units  in Section
17    11-501.2 or when that person is convicted of  violating  this
18    Section while transporting a child under the age of 16:
19             (1)  A   person   who   is  convicted  of  violating
20        subsection (a) of Section 11-501 of  this  Code  a  first
21        time,  in  addition  to  any  other  penalty  that may be
22        imposed under subsection (c), is subject to  a  mandatory
23        minimum  of  100 hours of community service and a minimum
24        fine of $500.
25             (2)  A  person  who  is   convicted   of   violating
26        subsection  (a)  of  Section 11-501 of this Code a second
27        time within 10 years, in addition to  any  other  penalty
28        that may be imposed under subsection (c), is subject to a
29        mandatory minimum of 2 days of imprisonment and a minimum
30        fine of $1,250.
31             (3)  A   person   who   is  convicted  of  violating
32        subsection (a) of Section 11-501 of  this  Code  a  third
33        time  within  20 years is guilty of a Class 4 felony and,
34        in addition to any other  penalty  that  may  be  imposed
 
                            -5-      LRB093 05248 DRH 13875 a
 1        under  subsection  (c), is subject to a mandatory minimum
 2        of 90 days of imprisonment and a minimum fine of $2,500.
 3             (4)  A person who is  convicted  of  violating  this
 4        subsection (c-4) a fourth or subsequent time is guilty of
 5        a  Class  2  felony and, in addition to any other penalty
 6        that may be imposed under subsection (c), is not eligible
 7        for a sentence of probation or conditional discharge  and
 8        is subject to a minimum fine of $2,500.
 9        (d) (1)  Every person convicted of committing a violation
10        of  this  Section  shall  be guilty of aggravated driving
11        under the influence of alcohol, other drug or  drugs,  or
12        intoxicating  compound  or  compounds, or any combination
13        thereof if:
14                  (A)  the person committed a violation  of  this
15             Section,  or a similar provision of a law of another
16             state or a local ordinance when the cause of  action
17             is  the  same  as  or  substantially similar to this
18             Section, for the third or subsequent time;
19                  (B)  the  person  committed  a   violation   of
20             paragraph  (a)  while  driving  a  school  bus  with
21             children on board;
22                  (C)  the  person  in  committing a violation of
23             paragraph  (a)  was  involved  in  a  motor  vehicle
24             accident that  resulted  in  great  bodily  harm  or
25             permanent  disability  or  disfigurement to another,
26             when the violation was  a  proximate  cause  of  the
27             injuries;
28                  (D)  the   person   committed  a  violation  of
29             paragraph  (a)  for  a  second  time  and  has  been
30             previously convicted of violating Section 9-3 of the
31             Criminal Code of 1961 relating to reckless  homicide
32             in  which  the  person  was  determined to have been
33             under the influence of alcohol, other drug or drugs,
34             or intoxicating compound or compounds as an  element
 
                            -6-      LRB093 05248 DRH 13875 a
 1             of  the  offense  or  the person has previously been
 2             convicted under subparagraph (C) of  this  paragraph
 3             (1); or
 4                  (E)  the  person,  in committing a violation of
 5             paragraph (a) while driving at any speed in a school
 6             speed zone at a time when a speed limit of 20  miles
 7             per  hour  was  in  effect  under  subsection (a) of
 8             Section 11-605 of this Code, was involved in a motor
 9             vehicle accident that resulted in bodily harm, other
10             than great bodily harm or  permanent  disability  or
11             disfigurement, to another person, when the violation
12             of paragraph (a) was a proximate cause of the bodily
13             harm; or.
14                  (F)  the  person,  in committing a violation of
15             paragraph (a),  was  involved  in  a  motor  vehicle
16             accident  that  resulted  in  the  death  of another
17             person, when the violation of paragraph  (a)  was  a
18             proximate cause of the death.
19             (2)  Except  as  provided  in  this  paragraph  (2),
20        aggravated  driving under the influence of alcohol, other
21        drug or drugs, or intoxicating compound or compounds,  or
22        any  combination  thereof  is  a  Class  4 felony.  For a
23        violation of subparagraph (C) of paragraph  (1)  of  this
24        subsection  (d), the defendant, if sentenced to a term of
25        imprisonment, shall be sentenced to  not  less  than  one
26        year nor more than 12 years. Aggravated driving under the
27        influence   of   alcohol,   other   drug   or  drugs,  or
28        intoxicating compound or compounds,  or  any  combination
29        thereof  as  defined in subparagraph (F) of paragraph (1)
30        of this subsection (d) is a Class 2 felony, for which the
31        defendant shall be sentenced to: (A) a mandatory term  of
32        imprisonment  of  not less than 3 years and not more than
33        13 years if the violation resulted in the  death  of  one
34        person;  or  (B)  a mandatory term of imprisonment of not
 
                            -7-      LRB093 05248 DRH 13875 a
 1        less than 6 years and not  more  than  26  years  if  the
 2        violation  resulted  in  the deaths of 2 or more persons.
 3        For  any  prosecution  under  this  subsection   (d),   a
 4        certified  copy  of the driving abstract of the defendant
 5        shall be admitted as proof of any prior conviction.
 6        (e)  After a finding of guilt  and  prior  to  any  final
 7    sentencing, or an order for supervision, for an offense based
 8    upon  an  arrest for a violation of this Section or a similar
 9    provision of a local ordinance, individuals shall be required
10    to undergo a  professional  evaluation  to  determine  if  an
11    alcohol,  drug, or intoxicating compound abuse problem exists
12    and the extent of the problem, and undergo the imposition  of
13    treatment   as   appropriate.   Programs   conducting   these
14    evaluations  shall  be  licensed  by  the Department of Human
15    Services.  The cost of any professional evaluation  shall  be
16    paid   for   by   the  individual  required  to  undergo  the
17    professional evaluation.
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
22    expense of an emergency response as  provided  under  Section
23    5-5-3 of the 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)  Every person sentenced under paragraph (2) or (3) of
28    subsection  (c-1)  of  this Section or subsection (d) of this
29    Section and who receives a term of probation  or  conditional
30    discharge shall be required to serve a minimum term of either
31    60  days  community  service  or 10 days of imprisonment as a
32    condition of the probation or  conditional  discharge.   This
33    mandatory  minimum  term  of  imprisonment  or  assignment of
34    community service shall not be suspended  and  shall  not  be
 
                            -8-      LRB093 05248 DRH 13875 a
 1    subject to reduction by the court.
 2        (i)  The  Secretary  of  State  shall  require the use of
 3    ignition interlock  devices  on  all  vehicles  owned  by  an
 4    individual  who  has been convicted of a second or subsequent
 5    offense of this Section or a similar  provision  of  a  local
 6    ordinance.    The  Secretary  shall  establish  by  rule  and
 7    regulation the procedures for certification and  use  of  the
 8    interlock system.
 9        (j)  In  addition to any other penalties and liabilities,
10    a person who is found guilty of or pleads guilty to violating
11    this  Section,  including  any   person   placed   on   court
12    supervision  for violating this Section, shall be fined $100,
13    payable to the circuit clerk, who shall distribute the  money
14    to  the  law enforcement agency that made the arrest.  If the
15    person  has  been  previously  convicted  of  violating  this
16    Section or a similar provision of a local ordinance, the fine
17    shall be $200.  In the event that more  than  one  agency  is
18    responsible  for the arrest, the $100 or $200 shall be shared
19    equally.  Any moneys received by  a  law  enforcement  agency
20    under  this  subsection  (j)  shall  be  used to purchase law
21    enforcement equipment that will assist in the  prevention  of
22    alcohol related criminal violence throughout the State.  This
23    shall  include,  but is not limited to, in-car video cameras,
24    radar and laser speed detection devices, and  alcohol  breath
25    testers.  Any  moneys  received  by  the  Department of State
26    Police under this subsection (j) shall be deposited into  the
27    State  Police  DUI  Fund  and  shall  be used to purchase law
28    enforcement equipment that will assist in the  prevention  of
29    alcohol related criminal violence throughout the State.
30    (Source: P.A.  91-126,  eff.  7-16-99;  91-357, eff. 7-29-99;
31    91-692, eff. 4-13-00;  91-822,  eff.  6-13-00;  92-248,  eff.
32    8-3-01;  92-418,  eff. 8-17-01; 92-420, eff. 8-17-01; 92-429,
33    eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)
 
                            -9-      LRB093 05248 DRH 13875 a
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.".