Full Text of HB1811 98th General Assembly
HB1811ham001 98TH GENERAL ASSEMBLY | Rep. Bill Mitchell Filed: 3/8/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1811
| 2 | | AMENDMENT NO. ______. Amend House Bill 1811 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 11-501 as follows: | 6 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | 7 | | Sec. 11-501. Driving while under the influence of alcohol, | 8 | | other drug or drugs, intoxicating compound or compounds or any | 9 | | combination thereof.
| 10 | | (a) A person shall not drive or be in actual physical | 11 | | control of any 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 |
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| 1 | | combination of intoxicating compounds to a degree that | 2 | | renders the person incapable of driving safely; | 3 | | (4) under the influence of any other drug or | 4 | | combination of drugs to a degree that renders the person | 5 | | incapable of safely driving; | 6 | | (5) under the combined influence of alcohol, other drug | 7 | | or drugs, or intoxicating compound or compounds to a degree | 8 | | that renders the person incapable of safely driving; or | 9 | | (6) there is any amount of a drug, substance, or | 10 | | compound in the person's breath, blood, or urine resulting | 11 | | from the unlawful use or consumption of cannabis listed in | 12 | | the Cannabis Control Act, a controlled substance listed in | 13 | | the Illinois Controlled Substances Act, an intoxicating | 14 | | compound listed in the Use of Intoxicating Compounds Act, | 15 | | or methamphetamine as listed in the Methamphetamine | 16 | | Control and Community Protection Act.
| 17 | | (b) The fact that any person charged with violating this | 18 | | Section is or has been legally entitled to use alcohol, other | 19 | | drug or drugs, or intoxicating compound or compounds, or any | 20 | | combination thereof, shall not constitute a defense against any | 21 | | charge of violating this Section. | 22 | | (c) Penalties. | 23 | | (1) Except as otherwise provided in this Section, any | 24 | | person convicted of violating subsection (a) of this | 25 | | Section is guilty of a Class A misdemeanor. | 26 | | (2) A person who violates subsection (a) or a similar |
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| 1 | | provision a second time shall be sentenced to a mandatory | 2 | | minimum term of either 5 days of imprisonment or 240 hours | 3 | | of community service in addition to any other criminal or | 4 | | administrative sanction. | 5 | | (3) A person who violates subsection (a) is subject to | 6 | | 6 months of imprisonment, an additional mandatory minimum | 7 | | fine of $1,000, and 25 days of community service in a | 8 | | program benefiting children if the person was transporting | 9 | | a person under the age of 16 at the time of the violation. | 10 | | (4) A person who violates subsection (a) a first time, | 11 | | if the alcohol concentration in his or her blood, breath, | 12 | | or urine was 0.16 or more based on the definition of blood, | 13 | | breath, or urine units in Section 11-501.2, shall be | 14 | | subject, in addition to any other penalty that may be | 15 | | imposed, to a mandatory minimum of 100 hours of community | 16 | | service and a mandatory minimum fine of $500. | 17 | | (5) A person who violates subsection (a) a second time, | 18 | | if at the time of the second violation the alcohol | 19 | | concentration in his or her blood, breath, or urine was | 20 | | 0.16 or more based on the definition of blood, breath, or | 21 | | urine units in Section 11-501.2, shall be subject, in | 22 | | addition to any other penalty that may be imposed, to a | 23 | | mandatory minimum of 2 days of imprisonment and a mandatory | 24 | | minimum fine of $1,250. | 25 | | (d) Aggravated driving under the influence of alcohol, | 26 | | other drug or drugs, or intoxicating compound or compounds, or |
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| 1 | | any combination thereof.
| 2 | | (1) Every person convicted of committing a violation of | 3 | | this Section shall be guilty of aggravated driving under | 4 | | the influence of alcohol, other drug or drugs, or | 5 | | intoxicating compound or compounds, or any combination | 6 | | thereof if: | 7 | | (A) the person committed a violation of subsection | 8 | | (a) or a similar provision for the third or subsequent | 9 | | time; | 10 | | (B) the person committed a violation of subsection | 11 | | (a) while driving a school bus with persons 18 years of | 12 | | age or younger on board; | 13 | | (C) the person in committing a violation of | 14 | | subsection (a) was involved in a motor vehicle accident | 15 | | that resulted in great bodily harm or permanent | 16 | | disability or disfigurement to another, when the | 17 | | violation was a proximate cause of the injuries; | 18 | | (D) the person committed a violation of subsection | 19 | | (a) and has been previously convicted of violating | 20 | | Section 9-3 of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012 or a similar provision of a law | 22 | | of another state relating to reckless homicide in which | 23 | | the person was determined to have been under the | 24 | | influence of alcohol, other drug or drugs, or | 25 | | intoxicating compound or compounds as an element of the | 26 | | offense or the person has previously been convicted |
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| 1 | | under subparagraph (C) or subparagraph (F) of this | 2 | | paragraph (1); | 3 | | (E) the person, in committing a violation of | 4 | | subsection (a) while driving at any speed in a school | 5 | | speed zone at a time when a speed limit of 20 miles per | 6 | | hour was in effect under subsection (a) of Section | 7 | | 11-605 of this Code, was involved in a motor vehicle | 8 | | accident that resulted in bodily harm, other than great | 9 | | bodily harm or permanent disability or disfigurement, | 10 | | to another person, when the violation of subsection (a) | 11 | | was a proximate cause of the bodily harm; | 12 | | (F) the person, in committing a violation of | 13 | | subsection (a), was involved in a motor vehicle, | 14 | | snowmobile, all-terrain vehicle, or watercraft | 15 | | accident that resulted in the death of another person, | 16 | | when the violation of subsection (a) was a proximate | 17 | | cause of the death; | 18 | | (G) the person committed a violation of subsection | 19 | | (a) during a period in which the defendant's driving | 20 | | privileges are revoked or suspended, where the | 21 | | revocation or suspension was for a violation of | 22 | | subsection (a) or a similar provision, Section | 23 | | 11-501.1, paragraph (b) of Section 11-401, or for | 24 | | reckless homicide as defined in Section 9-3 of the | 25 | | Criminal Code of 1961 or the Criminal Code of 2012; | 26 | | (H) the person committed the violation while he or |
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| 1 | | she did not possess a driver's license or permit or a | 2 | | restricted driving permit or a judicial driving permit | 3 | | or a monitoring device driving permit; | 4 | | (I) the person committed the violation while he or | 5 | | she knew or should have known that the vehicle he or | 6 | | she was driving was not covered by a liability | 7 | | insurance policy; | 8 | | (J) the person in committing a violation of | 9 | | subsection (a) was involved in a motor vehicle accident | 10 | | that resulted in bodily harm, but not great bodily | 11 | | harm, to the child under the age of 16 being | 12 | | transported by the person, if the violation was the | 13 | | proximate cause of the injury; or | 14 | | (K) the person in committing a second violation of | 15 | | subsection (a) or a similar provision was transporting | 16 | | a person under the age of 16. | 17 | | (2)(A) Except as provided otherwise, 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. | 22 | | (B) A third violation of this Section or a similar | 23 | | provision is a Class 2 felony. If at the time of the third | 24 | | violation the alcohol concentration in his or her blood, | 25 | | breath, or urine was 0.16 or more based on the definition | 26 | | of blood, breath, or urine units in Section 11-501.2, a |
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| 1 | | mandatory minimum of 90 days of imprisonment and a | 2 | | mandatory minimum fine of $2,500 shall be imposed in | 3 | | addition to any other criminal or administrative sanction. | 4 | | If at the time of the third violation, the defendant was | 5 | | transporting a person under the age of 16, a mandatory fine | 6 | | of $25,000 and 25 days of community service in a program | 7 | | benefiting children shall be imposed in addition to any | 8 | | other criminal or administrative sanction. | 9 | | (C) A fourth violation of this Section or a similar | 10 | | provision is a Class 2 felony, for which a sentence of | 11 | | probation or conditional discharge may not be imposed. If | 12 | | at the time of the violation, the alcohol concentration in | 13 | | the defendant's blood, breath, or urine was 0.16 or more | 14 | | based on the definition of blood, breath, or urine units in | 15 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 16 | | be imposed in addition to any other criminal or | 17 | | administrative sanction. If at the time of the fourth | 18 | | violation, the defendant was transporting a person under | 19 | | the age of 16 a mandatory fine of $25,000 and 25 days of | 20 | | community service in a program benefiting children shall be | 21 | | imposed in addition to any other criminal or administrative | 22 | | sanction. | 23 | | (D) A fifth violation of this Section or a similar | 24 | | provision is a Class 1 felony, for which a sentence of | 25 | | probation or conditional discharge may not be imposed. If | 26 | | at the time of the violation, the alcohol concentration in |
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| 1 | | the defendant's blood, breath, or urine was 0.16 or more | 2 | | based on the definition of blood, breath, or urine units in | 3 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 4 | | be imposed in addition to any other criminal or | 5 | | administrative sanction. If at the time of the fifth | 6 | | violation, the defendant was transporting a person under | 7 | | the age of 16, a mandatory fine of $25,000, and 25 days of | 8 | | community service in a program benefiting children shall be | 9 | | imposed in addition to any other criminal or administrative | 10 | | sanction. | 11 | | (E) A sixth or subsequent violation of this Section or | 12 | | similar provision is a Class X felony. If at the time of | 13 | | the violation, the alcohol concentration in the | 14 | | defendant's blood, breath, or urine was 0.16 or more based | 15 | | on the definition of blood, breath, or urine units in | 16 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 17 | | be imposed in addition to any other criminal or | 18 | | administrative sanction. If at the time of the violation, | 19 | | the defendant was transporting a person under the age of | 20 | | 16, a mandatory fine of $25,000 and 25 days of community | 21 | | service in a program benefiting children shall be imposed | 22 | | in addition to any other criminal or administrative | 23 | | sanction. | 24 | | (F) For a violation of subparagraph (C) of paragraph | 25 | | (1) of this subsection (d), the defendant, if sentenced to | 26 | | a term of imprisonment, shall be sentenced to not less than |
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| 1 | | one year nor more than 12 years. | 2 | | (G) A violation of subparagraph (F) of paragraph (1) of | 3 | | this subsection (d) is a Class 2 felony, for which the | 4 | | defendant, unless the court determines that extraordinary | 5 | | circumstances exist and require probation, shall be | 6 | | sentenced to: (i) a term of imprisonment of not less than 3 | 7 | | years and not more than 14 years if the violation resulted | 8 | | in the death of one person; or (ii) a term of imprisonment | 9 | | of not less than 6 years and not more than 28 years if the | 10 | | violation resulted in the deaths of 2 or more persons. | 11 | | (H) For a violation of subparagraph (J) of paragraph | 12 | | (1) of this subsection (d), a mandatory fine of $2,500, and | 13 | | 25 days of community service in a program benefiting | 14 | | children shall be imposed in addition to any other criminal | 15 | | or administrative sanction. | 16 | | (I) A violation of subparagraph (K) of paragraph (1) of | 17 | | this subsection (d), is a Class 2 felony and a mandatory | 18 | | fine of $2,500, and 25 days of community service in a | 19 | | program benefiting children shall be imposed in addition to | 20 | | any other criminal or administrative sanction. If the child | 21 | | being transported suffered bodily harm, but not great | 22 | | bodily harm, in a motor vehicle accident, and the violation | 23 | | was the proximate cause of that injury, a mandatory fine of | 24 | | $5,000 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 | | (J) A violation of subparagraph (D) of paragraph (1) of | 2 | | this subsection (d) is a Class 3 felony, for which a | 3 | | sentence of probation or conditional discharge may not be | 4 | | imposed. | 5 | | (3) Any person sentenced under this subsection (d) who | 6 | | receives a term of probation or conditional discharge must | 7 | | serve a minimum term of either 480 hours of community | 8 | | service or 10 days of imprisonment as a condition of the | 9 | | probation or conditional discharge in addition to any other | 10 | | criminal or administrative sanction. | 11 | | (e) Any reference to a prior violation of subsection (a) or | 12 | | a similar provision includes any violation of a provision of a | 13 | | local ordinance or a provision of a law of another state or an | 14 | | offense committed on a military installation that is similar to | 15 | | a violation of subsection (a) of this Section. | 16 | | (f) The imposition of a mandatory term of imprisonment or | 17 | | assignment of community service for a violation of this Section | 18 | | shall not be suspended or reduced by the court. | 19 | | (g) Any penalty imposed for driving with a license that has | 20 | | been revoked for a previous violation of subsection (a) of this | 21 | | Section shall be in addition to the penalty imposed for any | 22 | | subsequent violation of subsection (a). | 23 | | (h) For any prosecution under this Section, a certified | 24 | | copy of the driving abstract of the defendant shall be admitted | 25 | | as proof of any prior conviction.
| 26 | | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)".
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