Full Text of SB0905 101st General Assembly
SB0905sam001 101ST GENERAL ASSEMBLY | Sen. Steve McClure Filed: 4/5/2019
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| 1 | | AMENDMENT TO SENATE BILL 905
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 905 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as Lindsey's Law. | 5 | | Section 5. The Illinois Vehicle Code is amended by changing | 6 | | Section 11-501 as follows: | 7 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | 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, | 14 | | other bodily substance, or breath is 0.08 or more based on | 15 | | the definition of blood and breath units in Section |
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| 1 | | 11-501.2; | 2 | | (2) under the influence of alcohol; | 3 | | (3) under the influence of any intoxicating compound or | 4 | | combination of intoxicating compounds to a degree that | 5 | | renders the person incapable of driving safely; | 6 | | (4) under the influence of any other drug or | 7 | | combination of drugs to a degree that renders the person | 8 | | incapable of safely driving; | 9 | | (5) under the combined influence of alcohol, other drug | 10 | | or drugs, or intoxicating compound or compounds to a degree | 11 | | that renders the person incapable of safely driving; | 12 | | (6) there is any amount of a drug, substance, or | 13 | | compound in the person's breath, blood, other bodily | 14 | | substance, or urine resulting from the unlawful use or | 15 | | consumption of a controlled substance listed in the | 16 | | Illinois Controlled Substances Act, an intoxicating | 17 | | compound listed in the Use of Intoxicating Compounds Act, | 18 | | or methamphetamine as listed in the Methamphetamine | 19 | | Control and Community Protection Act; or | 20 | | (7) the person has, within 2 hours of driving or being | 21 | | in actual physical control of a vehicle, a | 22 | | tetrahydrocannabinol concentration in the person's whole | 23 | | blood or other bodily substance as defined in paragraph 6 | 24 | | of subsection (a) of Section 11-501.2 of this Code.
Subject | 25 | | to all other requirements and provisions under this | 26 | | Section, this paragraph (7) does not apply to the lawful |
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| 1 | | consumption of cannabis by a qualifying patient licensed | 2 | | under the Compassionate Use of Medical Cannabis Pilot | 3 | | Program Act who is in possession of a valid registry card | 4 | | issued under that Act, unless that person is impaired by | 5 | | the use of cannabis. | 6 | | (b) The fact that any person charged with violating this | 7 | | Section is or has been legally entitled to use alcohol, | 8 | | cannabis under the Compassionate Use of Medical Cannabis Pilot | 9 | | Program Act, other drug or drugs, or intoxicating compound or | 10 | | compounds, or any combination thereof, shall not constitute a | 11 | | defense against any charge of violating this Section. | 12 | | (c) Penalties. | 13 | | (1) Except as otherwise provided in this Section, any | 14 | | person convicted of violating subsection (a) of this | 15 | | Section is guilty of a Class A misdemeanor. | 16 | | (2) A person who violates subsection (a) or a similar | 17 | | provision a second time shall be sentenced to a mandatory | 18 | | minimum term of either 5 days of imprisonment or 240 hours | 19 | | of community service in addition to any other criminal or | 20 | | administrative sanction. | 21 | | (3) A person who violates subsection (a) is subject to | 22 | | 6 months of imprisonment, an additional mandatory minimum | 23 | | fine of $1,000, and 25 days of community service in a | 24 | | program benefiting children if the person was transporting | 25 | | a person under the age of 16 at the time of the violation. | 26 | | (4) A person who violates subsection (a) a first time, |
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| 1 | | if the alcohol concentration in his or her blood, breath, | 2 | | other bodily substance, or urine was 0.16 or more based on | 3 | | the definition of blood, breath, other bodily substance, or | 4 | | urine units in Section 11-501.2, shall be subject, in | 5 | | addition to any other penalty that may be imposed, to a | 6 | | mandatory minimum of 100 hours of community service and a | 7 | | mandatory minimum fine of $500. | 8 | | (5) A person who violates subsection (a) a second time, | 9 | | if at the time of the second violation the alcohol | 10 | | concentration in his or her blood, breath, other bodily | 11 | | substance, or urine was 0.16 or more based on the | 12 | | definition of blood, breath, other bodily substance, or | 13 | | urine units in Section 11-501.2, shall be subject, in | 14 | | addition to any other penalty that may be imposed, to a | 15 | | mandatory minimum of 2 days of imprisonment and a mandatory | 16 | | minimum fine of $1,250. | 17 | | (d) Aggravated driving under the influence of alcohol, | 18 | | other drug or drugs, or intoxicating compound or compounds, or | 19 | | any combination thereof.
| 20 | | (1) Every person convicted of committing a violation of | 21 | | this Section shall be guilty of aggravated driving under | 22 | | the influence of alcohol, other drug or drugs, or | 23 | | intoxicating compound or compounds, or any combination | 24 | | thereof if: | 25 | | (A) the person committed a violation of subsection | 26 | | (a) or a similar provision for the third or subsequent |
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| 1 | | time; | 2 | | (B) the person committed a violation of subsection | 3 | | (a) while driving a school bus with one or more | 4 | | passengers on board; | 5 | | (C) the person in committing a violation of | 6 | | subsection (a) was involved in a motor vehicle accident | 7 | | that resulted in great bodily harm or permanent | 8 | | disability or disfigurement to another, when the | 9 | | violation was a proximate cause of the injuries; | 10 | | (D) the person committed a violation of subsection | 11 | | (a) and has been previously convicted of violating | 12 | | Section 9-3 of the Criminal Code of 1961 or the | 13 | | Criminal Code of 2012 or a similar provision of a law | 14 | | of another state relating to reckless homicide in which | 15 | | the person was determined to have been under the | 16 | | influence of alcohol, other drug or drugs, or | 17 | | intoxicating compound or compounds as an element of the | 18 | | offense or the person has previously been convicted | 19 | | under subparagraph (C) or subparagraph (F) of this | 20 | | 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 or the Criminal Code of 2012; | 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; | 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; or | 9 | | (L) the person committed a violation of subsection | 10 | | (a) of this Section while transporting one or more | 11 | | passengers in a vehicle for-hire. | 12 | | (2)(A) Except as provided otherwise, a person | 13 | | convicted of aggravated driving under the influence of | 14 | | alcohol, other drug or drugs, or intoxicating compound or | 15 | | compounds, or any combination thereof is guilty of a Class | 16 | | 4 felony. | 17 | | (B) A third violation of this Section or a similar | 18 | | provision is a Class 2 felony. If at the time of the third | 19 | | violation the alcohol concentration in his or her blood, | 20 | | breath, other bodily substance, or urine was 0.16 or more | 21 | | based on the definition of blood, breath, other bodily | 22 | | substance, or urine units in Section 11-501.2, a mandatory | 23 | | minimum of 90 days of imprisonment and a mandatory minimum | 24 | | fine of $2,500 shall be imposed in addition to any other | 25 | | criminal or administrative sanction. If at the time of the | 26 | | third violation, the defendant was transporting a person |
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| 1 | | under the age of 16, a mandatory fine of $25,000 and 25 | 2 | | days of community service in a program benefiting children | 3 | | shall be imposed in addition to any other criminal or | 4 | | administrative sanction. | 5 | | (C) A fourth violation of this Section or a similar | 6 | | provision is a Class 2 felony, for which a sentence of | 7 | | probation or conditional discharge may not be imposed. If | 8 | | at the time of the violation, the alcohol concentration in | 9 | | the defendant's blood, breath, other bodily substance, or | 10 | | urine was 0.16 or more based on the definition of blood, | 11 | | breath, other bodily substance, or urine units in Section | 12 | | 11-501.2, a mandatory minimum fine of $5,000 shall be | 13 | | imposed in addition to any other criminal or administrative | 14 | | sanction. If at the time of the fourth violation, the | 15 | | defendant was transporting a person under the age of 16 a | 16 | | mandatory fine of $25,000 and 25 days of community service | 17 | | in a program benefiting children shall be imposed in | 18 | | addition to any other criminal or administrative sanction. | 19 | | (D) A fifth violation of this Section or a similar | 20 | | provision is a Class 1 felony, for which a sentence of | 21 | | probation or conditional discharge may not be imposed. If | 22 | | at the time of the violation, the alcohol concentration in | 23 | | the defendant's blood, breath, other bodily substance, or | 24 | | urine was 0.16 or more based on the definition of blood, | 25 | | breath, other bodily substance, or urine units in Section | 26 | | 11-501.2, a mandatory minimum fine of $5,000 shall be |
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| 1 | | imposed in addition to any other criminal or administrative | 2 | | sanction. If at the time of the fifth violation, the | 3 | | defendant was transporting a person under the age of 16, a | 4 | | mandatory fine of $25,000, and 25 days of community service | 5 | | in a program benefiting children shall be imposed in | 6 | | addition to any other criminal or administrative sanction. | 7 | | (E) A sixth or subsequent violation of this Section or | 8 | | similar provision is a Class X felony. If at the time of | 9 | | the violation, the alcohol concentration in the | 10 | | defendant's blood, breath, other bodily substance, or | 11 | | urine was 0.16 or more based on the definition of blood, | 12 | | breath, other bodily substance, or urine units in Section | 13 | | 11-501.2, a mandatory minimum fine of $5,000 shall be | 14 | | imposed in addition to any other criminal or administrative | 15 | | sanction. If at the time of the violation, the defendant | 16 | | was transporting a person under the age of 16, a mandatory | 17 | | fine of $25,000 and 25 days of community service in a | 18 | | program benefiting children shall be imposed in addition to | 19 | | any other criminal or administrative sanction. | 20 | | (F) For a violation of subparagraph (C) of paragraph | 21 | | (1) of this subsection (d), the defendant, if sentenced to | 22 | | a term of imprisonment, shall be sentenced to not less than | 23 | | one year nor more than 12 years. | 24 | | (G) A violation of subparagraph (F) of paragraph (1) of | 25 | | this subsection (d) is a Class 2 felony, for which the | 26 | | defendant, unless the court determines that extraordinary |
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| 1 | | circumstances exist and require probation, shall be | 2 | | sentenced to: (i) a term of imprisonment of not less than 3 | 3 | | years and not more than 14 years if the violation resulted | 4 | | in the death of one person; or (ii) a term of imprisonment | 5 | | of not less than 6 years and not more than 28 years if the | 6 | | violation resulted in the deaths of 2 or more persons ; or | 7 | | (iii) a term of imprisonment of not less than 4 years and | 8 | | not more than 20 years if the violation resulted in death | 9 | | of one person and great bodily harm or permanent disability | 10 | | or disfigurement of one 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. 98-122, eff. 1-1-14; 98-573, eff. 8-27-13; |
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| 1 | | 98-756, eff. 7-16-14; 99-697, eff. 7-29-16.)".
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