Full Text of HB4204 94th General Assembly
HB4204sam001 94TH GENERAL ASSEMBLY
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Sen. Cheryl Axley
Filed: 3/23/2006
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09400HB4204sam001 |
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LRB094 15277 RLC 57548 a |
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| AMENDMENT TO HOUSE BILL 4204
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| AMENDMENT NO. ______. Amend House Bill 4204 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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;
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| (2) under the influence of alcohol;
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| (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;
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| (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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| (5) under the combined influence of alcohol, other drug | 24 |
| or drugs, or
intoxicating compound or compounds to a degree |
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| that renders the person
incapable of safely driving; or
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| (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.
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| (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.
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| (b-1) With regard to penalties imposed under this Section:
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| (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).
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| (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.
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| (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.
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| (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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| (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
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| be imposed.
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| (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.
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| (c) (Blank).
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| (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
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| Class 4 felony.
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| (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.
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| (2.2) A person who violates subsection (a), if the
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| violation occurs during a period in which his or her | 34 |
| driving privileges are
revoked or suspended where the |
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| 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
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| community service shall not be suspended or reduced by the | 8 |
| court.
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| (3) A person who violates subsection (a) a fourth or
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| 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.
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| (c-2) (Blank).
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| (c-3) (Blank).
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| (c-4) (Blank).
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| (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.
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| (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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| 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.
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| (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
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| 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
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| eligible for a reduced sentence.
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| (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
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| 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
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| service under this subdivision (c-5)(4)
is not subject to | 29 |
| suspension, nor
is the
person eligible for a reduced | 30 |
| sentence.
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| (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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| 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.
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| (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
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| 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
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| suspension, nor is the person eligible for a reduced | 20 |
| sentence.
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| (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.
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| (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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| 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.
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| (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.
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| (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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| 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
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| 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.
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| (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;
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| (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;
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| (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;
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| (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
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| 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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| or subparagraph (F) of this paragraph (1);
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| (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,
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| to another person, when the violation of subsection (a) | 10 |
| was a
proximate cause
of the bodily harm; or
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| (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.
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| (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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| 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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| 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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| 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 |
|
|
|
09400HB4204sam001 |
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| (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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| 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 |
|
|
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| 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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| 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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09400HB4204sam001 |
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LRB094 15277 RLC 57548 a |
|
| 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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LRB094 15277 RLC 57548 a |
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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 |
|
|
|
09400HB4204sam001 |
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LRB094 15277 RLC 57548 a |
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| 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 |
|
|
|
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LRB094 15277 RLC 57548 a |
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| 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 |
|
|
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| 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 |
|
|
|
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| 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 |
|
|
|
09400HB4204sam001 |
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LRB094 15277 RLC 57548 a |
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| 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, |
|
|
|
09400HB4204sam001 |
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LRB094 15277 RLC 57548 a |
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| 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 |
|
|
|
09400HB4204sam001 |
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LRB094 15277 RLC 57548 a |
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| 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 |
|
|
|
09400HB4204sam001 |
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LRB094 15277 RLC 57548 a |
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| 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 |
|
|
|
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| 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 |
|
|
|
09400HB4204sam001 |
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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 |
|
|
|
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LRB094 15277 RLC 57548 a |
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| 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 |
|
|
|
09400HB4204sam001 |
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LRB094 15277 RLC 57548 a |
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| 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 |
|
|
|
09400HB4204sam001 |
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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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LRB094 15277 RLC 57548 a |
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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 |
|
|
|
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LRB094 15277 RLC 57548 a |
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| 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.
|
|
|
|
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| 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 |
|
|
|
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LRB094 15277 RLC 57548 a |
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| 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 |
|
|
|
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| 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
|
|
|
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LRB094 15277 RLC 57548 a |
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| 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) |
|
|
|
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LRB094 15277 RLC 57548 a |
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| 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 |
|
|
|
09400HB4204sam001 |
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LRB094 15277 RLC 57548 a |
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| 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, |
|
|
|
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| 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.
|
|
|
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| 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 |
|
|
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| 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 |
|
|
|
09400HB4204sam001 |
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LRB094 15277 RLC 57548 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 |
|
|
|
09400HB4204sam001 |
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LRB094 15277 RLC 57548 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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LRB094 15277 RLC 57548 a |
|
| 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 |
|
|
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| 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 |
|
|
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| 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.
|
|
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| (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 |
|
|
|
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| 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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| 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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| 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 |
|
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| 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 |
|
|
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| (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 |
|
|
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| 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 |
|
|
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| 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 |
|
|
|
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| 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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| 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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| 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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| 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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| 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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| 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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| 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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| 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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| (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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| 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 |
|
|
|
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| 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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| 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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| 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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| 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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| 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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| 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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| 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.".
|
|