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Full Text of SB1989  96th General Assembly

SB1989 96TH GENERAL ASSEMBLY


 


 
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1989

 

Introduced 2/20/2009, by Sen. Michael Noland

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-501   from Ch. 95 1/2, par. 11-501
720 ILCS 5/9-3   from Ch. 38, par. 9-3

    Amends the Illinois Vehicle Code. Makes a technical change in the Section concerning driving under the influence of alcohol, other drugs, or intoxicating compounds. Amends the Criminal Code of 1961. Makes a technical change in the Section concerning involuntary manslaughter and reckless homicide.


LRB096 11382 RLC 21846 b

 

 

A BILL FOR

 

SB1989 LRB096 11382 RLC 21846 b

1     AN ACT concerning criminal offenses.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Section 11-501 as follows:
 
6     (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
7     Sec. 11-501. Driving while under the influence of alcohol,
8 other drug or drugs, intoxicating compound or compounds or any
9 combination thereof.
10     (a) A person shall not drive or be be in actual physical
11 control of any vehicle within this State while:
12         (1) the alcohol concentration in the person's blood or
13     breath is 0.08 or more based on the definition of blood and
14     breath units in Section 11-501.2;
15         (2) under the influence of alcohol;
16         (3) under the influence of any intoxicating compound or
17     combination of intoxicating compounds to a degree that
18     renders the person incapable of driving safely;
19         (4) under the influence of any other drug or
20     combination of drugs to a degree that renders the person
21     incapable of safely driving;
22         (5) under the combined influence of alcohol, other drug
23     or drugs, or intoxicating compound or compounds to a degree

 

 

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1     that renders the person incapable of safely driving; or
2         (6) there is any amount of a drug, substance, or
3     compound in the person's breath, blood, or urine resulting
4     from the unlawful use or consumption of cannabis listed in
5     the Cannabis Control Act, a controlled substance listed in
6     the Illinois Controlled Substances Act, an intoxicating
7     compound listed in the Use of Intoxicating Compounds Act,
8     or methamphetamine as listed in the Methamphetamine
9     Control and Community Protection Act.
10     (b) The fact that any person charged with violating this
11 Section is or has been legally entitled to use alcohol, other
12 drug or drugs, or intoxicating compound or compounds, or any
13 combination thereof, shall not constitute a defense against any
14 charge of violating this Section.
15     (c) Penalties.
16         (1) Except as otherwise provided in this Section, any
17     person convicted of violating subsection (a) of this
18     Section is guilty of a Class A misdemeanor.
19         (2) A person who violates subsection (a) or a similar
20     provision a second time shall be sentenced to a mandatory
21     minimum term of either 5 days of imprisonment or 240 hours
22     of community service in addition to any other criminal or
23     administrative sanction.
24         (3) A person who violates subsection (a) is subject to
25     6 months of imprisonment, an additional mandatory minimum
26     fine of $1,000, and 25 days of community service in a

 

 

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

 

 

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1         (a) or a similar provision for the third or subsequent
2         time;
3             (B) the person committed a violation of subsection
4         (a) while driving a school bus with persons 18 years of
5         age or younger on board;
6             (C) the person in committing a violation of
7         subsection (a) was involved in a motor vehicle accident
8         that resulted in great bodily harm or permanent
9         disability or disfigurement to another, when the
10         violation was a proximate cause of the injuries;
11             (D) the person committed a violation of subsection
12         (a) 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

 

 

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1         bodily harm or permanent disability or disfigurement,
2         to another person, when the violation of subsection (a)
3         was a proximate cause of the bodily harm;
4             (F) the person, in committing a violation of
5         subsection (a), was involved in a motor vehicle,
6         snowmobile, all-terrain vehicle, or watercraft
7         accident that resulted in the death of another person,
8         when the violation of subsection (a) was a proximate
9         cause of the death;
10             (G) the person committed a violation of subsection
11         (a) during a period in which the defendant's driving
12         privileges are revoked or suspended, where the
13         revocation or suspension was for a violation of
14         subsection (a) or a similar provision, Section
15         11-501.1, paragraph (b) of Section 11-401, or for
16         reckless homicide as defined in Section 9-3 of the
17         Criminal Code of 1961;
18             (H) the person committed the violation while he or
19         she did not possess a driver's license or permit or a
20         restricted driving permit or a judicial driving permit
21         or a monitoring device driving permit;
22             (I) the person committed the violation while he or
23         she knew or should have known that the vehicle he or
24         she was driving was not covered by a liability
25         insurance policy;
26             (J) the person in committing a violation of

 

 

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1         subsection (a) was involved in a motor vehicle accident
2         that resulted in bodily harm, but not great bodily
3         harm, to the child under the age of 16 being
4         transported by the person, if the violation was the
5         proximate cause of the injury; or
6             (K) the person in committing a second violation of
7         subsection (a) or a similar provision was transporting
8         a person under the age of 16.
9         (2)(A) Except as provided otherwise, a person
10     convicted of aggravated driving under the influence of
11     alcohol, other drug or drugs, or intoxicating compound or
12     compounds, or any combination thereof is guilty of a Class
13     4 felony.
14         (B) A third violation of this Section or a similar
15     provision is a Class 2 felony. If at the time of the third
16     violation the alcohol concentration in his or her blood,
17     breath, or urine was 0.16 or more based on the definition
18     of blood, breath, or urine units in Section 11-501.2, a
19     mandatory minimum of 90 days of imprisonment and a
20     mandatory minimum fine of $2,500 shall be imposed in
21     addition to any other criminal or administrative sanction.
22     If at the time of the third violation, the defendant was
23     transporting a person under the age of 16, a mandatory fine
24     of $25,000 and 25 days of community service in a program
25     benefiting children shall be imposed in addition to any
26     other criminal or administrative sanction.

 

 

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

 

 

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1     imposed in addition to any other criminal or administrative
2     sanction.
3         (E) A sixth or subsequent violation of this Section or
4     similar provision is a Class X felony. If at the time of
5     the violation, the alcohol concentration in the
6     defendant's blood, breath, or urine was 0.16 or more based
7     on the definition of blood, breath, or urine units in
8     Section 11-501.2, a mandatory minimum fine of $5,000 shall
9     be imposed in addition to any other criminal or
10     administrative sanction. If at the time of the violation,
11     the defendant was transporting a person under the age of
12     16, a mandatory fine of $25,000 and 25 days of community
13     service in a program benefiting children shall be imposed
14     in addition to any other criminal or administrative
15     sanction.
16         (F) For a violation of subparagraph (C) of paragraph
17     (1) of this subsection (d), the defendant, if sentenced to
18     a term of imprisonment, shall be sentenced to not less than
19     one year nor more than 12 years.
20         (G) A violation of subparagraph (F) of paragraph (1) of
21     this subsection (d) is a Class 2 felony, for which the
22     defendant, unless the court determines that extraordinary
23     circumstances exist and require probation, shall be
24     sentenced to: (i) a term of imprisonment of not less than 3
25     years and not more than 14 years if the violation resulted
26     in the death of one person; or (ii) a term of imprisonment

 

 

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1     of not less than 6 years and not more than 28 years if the
2     violation resulted in the deaths of 2 or more persons.
3         (H) For a violation of subparagraph (J) of paragraph
4     (1) of this subsection (d), a mandatory fine of $2,500, and
5     25 days of community service in a program benefiting
6     children shall be imposed in addition to any other criminal
7     or administrative sanction.
8         (I) A violation of subparagraph (K) of paragraph (1) of
9     this subsection (d), is a Class 2 felony and a mandatory
10     fine of $2,500, and 25 days of community service in a
11     program benefiting children shall be imposed in addition to
12     any other criminal or administrative sanction. If the child
13     being transported suffered bodily harm, but not great
14     bodily harm, in a motor vehicle accident, and the violation
15     was the proximate cause of that injury, a mandatory fine of
16     $5,000 and 25 days of community service in a program
17     benefiting children shall be imposed in addition to any
18     other criminal or administrative sanction.
19         (3) Any person sentenced under this subsection (d) who
20     receives a term of probation or conditional discharge must
21     serve a minimum term of either 480 hours of community
22     service or 10 days of imprisonment as a condition of the
23     probation or conditional discharge in addition to any other
24     criminal or administrative sanction.
25     (e) Any reference to a prior violation of subsection (a) or
26 a similar provision includes any violation of a provision of a

 

 

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1 local ordinance or a provision of a law of another state or an
2 offense committed on a military installation that is similar to
3 a violation of subsection (a) of this Section.
4     (f) The imposition of a mandatory term of imprisonment or
5 assignment of community service for a violation of this Section
6 shall not be suspended or reduced by the court.
7     (g) Any penalty imposed for driving with a license that has
8 been revoked for a previous violation of subsection (a) of this
9 Section shall be in addition to the penalty imposed for any
10 subsequent violation of subsection (a).
11     (h) For any prosecution under this Section, a certified
12 copy of the driving abstract of the defendant shall be admitted
13 as proof of any prior conviction.
14 (Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114,
15 eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609,
16 eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07;
17 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08;
18 95-778, eff. 8-4-08; 95-876, eff. 8-21-08.)
 
19     Section 10. The Criminal Code of 1961 is amended by
20 changing Section 9-3 as follows:
 
21     (720 ILCS 5/9-3)  (from Ch. 38, par. 9-3)
22     Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
23     (a) A person who who unintentionally kills an individual
24 without lawful justification commits involuntary manslaughter

 

 

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1 if his acts whether lawful or unlawful which cause the death
2 are such as are likely to cause death or great bodily harm to
3 some individual, and he performs them recklessly, except in
4 cases in which the cause of the death consists of the driving
5 of a motor vehicle or operating a snowmobile, all-terrain
6 vehicle, or watercraft, in which case the person commits
7 reckless homicide. A person commits reckless homicide if he or
8 she unintentionally kills an individual while driving a vehicle
9 and using an incline in a roadway, such as a railroad crossing,
10 bridge approach, or hill, to cause the vehicle to become
11 airborne.
12     (b) (Blank).
13     (c) (Blank).
14     (d) Sentence.
15         (1) Involuntary manslaughter is a Class 3 felony.
16         (2) Reckless homicide is a Class 3 felony.
17     (e) (Blank).
18     (e-2) Except as provided in subsection (e-3), in cases
19 involving reckless homicide in which the offense is committed
20 upon a public thoroughfare where children pass going to and
21 from school when a school crossing guard is performing official
22 duties, the penalty is a Class 2 felony, for which a person, if
23 sentenced to a term of imprisonment, shall be sentenced to a
24 term of not less than 3 years and not more than 14 years.
25     (e-3) In cases involving reckless homicide in which (i) the
26 offense is committed upon a public thoroughfare where children

 

 

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1 pass going to and from school when a school crossing guard is
2 performing official duties and (ii) the defendant causes the
3 deaths of 2 or more persons as part of a single course of
4 conduct, the penalty is a Class 2 felony, for which a person,
5 if sentenced to a term of imprisonment, shall be sentenced to a
6 term of not less than 6 years and not more than 28 years.
7     (e-5) (Blank).
8     (e-7) Except as otherwise provided in subsection (e-8), in
9 cases involving reckless homicide in which the defendant: (1)
10 was driving in a construction or maintenance zone, as defined
11 in Section 11-605.1 of the Illinois Vehicle Code, or (2) was
12 operating a vehicle while failing or refusing to comply with
13 any lawful order or direction of any authorized police officer
14 or traffic control aide engaged in traffic control, the penalty
15 is a Class 2 felony, for which a person, if sentenced to a term
16 of imprisonment, shall be sentenced to a term of not less than
17 3 years and not more than 14 years.
18     (e-8) In cases involving reckless homicide in which the
19 defendant caused the deaths of 2 or more persons as part of a
20 single course of conduct and: (1) was driving in a construction
21 or maintenance zone, as defined in Section 11-605.1 of the
22 Illinois Vehicle Code, or (2) was operating a vehicle while
23 failing or refusing to comply with any lawful order or
24 direction of any authorized police officer or traffic control
25 aide engaged in traffic control, the penalty is a Class 2
26 felony, for which a person, if sentenced to a term of

 

 

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1 imprisonment, shall be sentenced to a term of not less than 6
2 years and not more than 28 years.
3     (e-9) In cases involving reckless homicide in which the
4 defendant drove a vehicle and used an incline in a roadway,
5 such as a railroad crossing, bridge approach, or hill, to cause
6 the vehicle to become airborne, and caused the deaths of 2 or
7 more persons as part of a single course of conduct, the penalty
8 is a Class 2 felony.
9     (e-10) In cases involving involuntary manslaughter or
10 reckless homicide resulting in the death of a peace officer
11 killed in the performance of his or her duties as a peace
12 officer, the penalty is a Class 2 felony.
13     (e-11) In cases involving reckless homicide in which the
14 defendant unintentionally kills an individual while driving in
15 a posted school zone, as defined in Section 11-605 of the
16 Illinois Vehicle Code, while children are present or in a
17 construction or maintenance zone, as defined in Section
18 11-605.1 of the Illinois Vehicle Code, when construction or
19 maintenance workers are present the trier of fact may infer
20 that the defendant's actions were performed recklessly where he
21 or she was also either driving at a speed of more than 20 miles
22 per hour in excess of the posted speed limit or violating
23 Section 11-501 of the Illinois Vehicle Code.
24     (e-12) Except as otherwise provided in subsection (e-13),
25 in cases involving reckless homicide in which the offense was
26 committed as result of a violation of subsection (c) of Section

 

 

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1 11-907 of the Illinois Vehicle Code, the penalty is a Class 2
2 felony, for which a person, if sentenced to a term of
3 imprisonment, shall be sentenced to a term of not less than 3
4 years and not more than 14 years.
5     (e-13) In cases involving reckless homicide in which the
6 offense was committed as result of a violation of subsection
7 (c) of Section 11-907 of the Illinois Vehicle Code and the
8 defendant caused the deaths of 2 or more persons as part of a
9 single course of conduct, the penalty is a Class 2 felony, for
10 which a person, if sentenced to a term of imprisonment, shall
11 be sentenced to a term of not less than 6 years and not more
12 than 28 years.
13     (e-14) (e-12) In cases involving reckless homicide in which
14 the defendant unintentionally kills an individual, the trier of
15 fact may infer that the defendant's actions were performed
16 recklessly where he or she was also violating subsection (c) of
17 Section 11-907 of the Illinois Vehicle Code. The penalty for a
18 reckless homicide in which the driver also violated subsection
19 (c) of Section 11-907 of the Illinois Vehicle Code is a Class 2
20 felony, for which a person, if sentenced to a term of
21 imprisonment, shall be sentenced to a term of not less than 3
22 years and not more than 14 years.
23     (f) In cases involving involuntary manslaughter in which
24 the victim was a family or household member as defined in
25 paragraph (3) of Section 112A-3 of the Code of Criminal
26 Procedure of 1963, the penalty shall be a Class 2 felony, for

 

 

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1 which a person if sentenced to a term of imprisonment, shall be
2 sentenced to a term of not less than 3 years and not more than
3 14 years.
4 (Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587,
5 eff. 6-1-08; 95-591, eff. 9-10-07; 95-803, eff. 1-1-09; 95-876,
6 eff. 8-21-08; 95-884, eff. 1-1-09; revised 12-9-08.)