Full Text of SB1088 94th General Assembly
SB1088enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| 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 |
| (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.
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| (a) A person shall not drive or be in actual
physical | 12 |
| control of any vehicle within this State while:
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| (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 | 25 |
| that renders the person
incapable of safely driving; or
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| (6) there is any amount of a drug, substance, or | 27 |
| compound in the
person's breath, blood, or urine resulting | 28 |
| from the unlawful use or consumption
of cannabis listed in | 29 |
| the Cannabis Control Act, a controlled substance listed
in | 30 |
| the Illinois Controlled Substances Act, or an intoxicating | 31 |
| compound listed
in the Use of Intoxicating Compounds Act.
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| (b) The fact that any person charged with violating this |
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| Section is or
has been legally entitled to use alcohol, other | 2 |
| drug or drugs, or
intoxicating compound or compounds, or any
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| combination thereof, shall not constitute a defense against any | 4 |
| 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 | 7 |
| (a) or a similar
provision includes any violation of a | 8 |
| provision of a local ordinance or a
provision of a law of | 9 |
| another state that is similar to a violation of
subsection | 10 |
| (a) of this Section.
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| (2) Any penalty imposed for driving with a license that | 12 |
| has been revoked
for a previous violation of subsection (a) | 13 |
| of this Section shall be in
addition to the penalty imposed | 14 |
| for any subsequent violation of subsection (a).
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| (b-2) Except as otherwise provided in this Section, any | 16 |
| person convicted of
violating subsection (a) of this Section is | 17 |
| guilty of a Class A misdemeanor.
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| (b-3) In addition to any other criminal or administrative | 19 |
| sanction for any
second conviction of violating subsection (a) | 20 |
| or a similar provision committed
within 5 years of a previous | 21 |
| violation of subsection (a) or a similar
provision, the | 22 |
| defendant shall be sentenced to a mandatory minimum of 5 days | 23 |
| of
imprisonment or assigned a mandatory minimum of 240 hours of | 24 |
| community service
as may be determined by the court.
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| (b-4) In the case of a third or subsequent violation | 26 |
| committed within 5
years of a previous violation of subsection | 27 |
| (a) or a similar provision, in
addition to any other criminal | 28 |
| or administrative sanction, a mandatory minimum
term of either | 29 |
| 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 | 32 |
| under subsections
(b-3) and (b-4) shall not be subject to | 33 |
| suspension, nor shall the person be
eligible for a reduced | 34 |
| sentence.
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| (c) (Blank).
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| (c-1) (1) A person who violates subsection (a)
during
a |
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| period in which his
or her driving privileges are revoked | 2 |
| or suspended, where the revocation or
suspension was for a | 3 |
| violation of subsection (a), Section
11-501.1, paragraph | 4 |
| (b)
of Section 11-401, or for reckless homicide as defined | 5 |
| 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, | 8 |
| if the third violation occurs during a period in
which his | 9 |
| or her driving privileges are revoked or suspended where | 10 |
| the
revocation
or suspension was for a violation of | 11 |
| subsection (a),
Section 11-501.1, paragraph
(b) of Section | 12 |
| 11-401, or for reckless homicide as defined in Section 9-3
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| of the Criminal Code of 1961, is guilty of
a Class 3 | 14 |
| felony; and if the
person receives a term of
probation or | 15 |
| conditional discharge, he or she shall be required to serve | 16 |
| a
mandatory
minimum of 10 days of imprisonment or shall be | 17 |
| assigned a mandatory minimum of
480 hours of community | 18 |
| service, as may be determined by the court, as a
condition | 19 |
| of the probation or conditional discharge. This mandatory | 20 |
| minimum
term of imprisonment or assignment of community | 21 |
| 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 | 24 |
| driving privileges are
revoked or suspended where the | 25 |
| revocation or suspension was for a violation of
subsection | 26 |
| (a) or Section 11-501.1, shall also be sentenced to an | 27 |
| additional
mandatory minimum term of 30 consecutive days of | 28 |
| imprisonment, 40 days of
24-hour periodic imprisonment, or | 29 |
| 720 hours of community service, as may be
determined by the | 30 |
| court. This mandatory term of imprisonment or assignment of
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| community service shall not be suspended or reduced by the | 32 |
| 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 | 35 |
| occurs
during a period in which his
or her driving | 36 |
| privileges are revoked or suspended where the revocation
or |
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| suspension was for a violation of subsection (a),
Section | 2 |
| 11-501.1, paragraph
(b) of Section 11-401, or for reckless | 3 |
| homicide as defined in
Section 9-3
of
the Criminal Code of | 4 |
| 1961, is guilty of
a Class 2 felony and is not eligible for | 5 |
| 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 | 10 |
| person was transporting
a person under the age of 16 at the | 11 |
| time of the violation, is subject to an
additional | 12 |
| mandatory minimum fine of $1,000, an additional mandatory | 13 |
| minimum
140 hours of community service, which shall include | 14 |
| 40 hours of community
service in a program benefiting | 15 |
| children, and an additional 2 days of
imprisonment. The | 16 |
| imprisonment or assignment of community service under this | 17 |
| subdivision (c-5)(1) is not subject to suspension, nor is | 18 |
| the person eligible for
a reduced sentence.
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| (2) Except as provided in subdivisions (c-5)(3) and | 20 |
| (c-5)(4) a person who
violates
subsection (a) a second | 21 |
| time, if at the time of
the second violation the person was | 22 |
| transporting a person under the age of 16,
is subject to an | 23 |
| additional 10 days of imprisonment, an additional | 24 |
| mandatory
minimum fine of $1,000, and an additional | 25 |
| mandatory minimum 140 hours of
community service, which | 26 |
| shall include 40 hours of community service in a
program | 27 |
| benefiting children.
The imprisonment or assignment of | 28 |
| community service under this subdivision (c-5)(2)
is not | 29 |
| subject to suspension, nor is the person eligible for a | 30 |
| reduced
sentence.
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| (3) Except as provided in subdivision (c-5)(4), any | 32 |
| person convicted of
violating subdivision (c-5)(2) or a | 33 |
| similar
provision within 10 years of a previous violation | 34 |
| of subsection (a) or a
similar provision shall receive, in | 35 |
| addition to any other penalty imposed, a
mandatory minimum | 36 |
| 12 days imprisonment, an additional 40 hours of mandatory
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| community service in a program benefiting children, and a | 2 |
| mandatory minimum
fine of $1,750. The imprisonment or | 3 |
| assignment of community service under this subdivision | 4 |
| (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 | 7 |
| (c-5)(2) or a similar
provision within 5 years of a | 8 |
| previous violation of subsection (a) or a similar
provision | 9 |
| shall receive, in addition to any other penalty imposed, an
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| additional 80 hours of mandatory community service in a | 11 |
| program benefiting
children, an additional mandatory | 12 |
| minimum 12 days of imprisonment, and a
mandatory minimum | 13 |
| 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 | 15 |
| suspension, nor
is the
person eligible for a reduced | 16 |
| sentence.
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| (5) Any person convicted a third time for violating | 18 |
| subsection (a) or a
similar provision, if at the time of | 19 |
| the third violation the person was
transporting a person | 20 |
| under the age of 16, is guilty of a Class 4 felony and | 21 |
| shall
receive, in addition to any other
penalty imposed, an | 22 |
| additional mandatory fine of $1,000, an additional
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| mandatory 140 hours of community service, which shall | 24 |
| include 40 hours in a
program benefiting children, and a | 25 |
| mandatory minimum 30 days of imprisonment.
The | 26 |
| imprisonment or assignment of community service under this | 27 |
| subdivision (c-5)(5)
is not subject to suspension, nor is | 28 |
| the person eligible for a reduced
sentence.
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| (6) Any person convicted of violating subdivision | 30 |
| (c-5)(5) or a similar
provision a third time within 20 | 31 |
| 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 | 33 |
| receive, in addition
to any other penalty imposed, an | 34 |
| additional mandatory 40 hours of community
service in a | 35 |
| program benefiting children, an additional mandatory fine | 36 |
| of
$3,000, and a mandatory minimum 120 days of |
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| imprisonment. The imprisonment or
assignment of community | 2 |
| service under this subdivision (c-5)(6) is not subject to
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| suspension, nor is the person eligible for a reduced | 4 |
| sentence.
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| (7) Any person convicted a fourth or subsequent time | 6 |
| for violating
subsection (a) or a similar provision, if at | 7 |
| the time of the fourth or
subsequent violation the person | 8 |
| was transporting a person under the age of 16,
and if the | 9 |
| person's 3 prior violations of subsection (a) or a
similar | 10 |
| provision
occurred while transporting a person under the | 11 |
| age of 16 or while the alcohol
concentration in his or her | 12 |
| 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, is
guilty of a Class 2 felony, is not eligible | 15 |
| for probation or conditional
discharge, and is subject to a | 16 |
| minimum fine of $3,000.
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| (c-6)(1) Any person convicted of a first violation of | 18 |
| subsection (a) or a
similar provision, if 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 100 hours of community service
and a | 24 |
| mandatory minimum fine of $500.
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| (2) Any person convicted of a second violation of | 26 |
| subsection (a) or a similar provision committed within 10 | 27 |
| years of a previous violation of subsection (a) or a | 28 |
| similar provision, if at the time of the second violation | 29 |
| of subsection (a) or a similar provision the
alcohol | 30 |
| concentration in his or her blood, breath, or urine was | 31 |
| 0.16 or more
based on the definition of blood, breath, or | 32 |
| urine units in Section 11-501.2,
shall be
subject, in | 33 |
| addition to any other penalty that may be imposed, to a | 34 |
| mandatory
minimum of 2 days of imprisonment and a mandatory | 35 |
| minimum fine of $1,250.
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| (3) Any person convicted of a third violation of |
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| subsection (a) or a
similar provision within 20 years of a | 2 |
| previous violation of subsection (a) or
a
similar | 3 |
| provision, if at the time of the third violation of | 4 |
| subsection (a) or a
similar provision the alcohol | 5 |
| concentration in his or her blood, breath, or
urine was | 6 |
| 0.16 or more based on the definition of blood, breath, or | 7 |
| urine units
in Section 11-501.2, is guilty of a Class 4 | 8 |
| felony and shall be subject, in
addition to any other | 9 |
| penalty that may be imposed, to a mandatory minimum of
90 | 10 |
| days of imprisonment and a mandatory minimum fine of | 11 |
| $2,500.
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| (4) Any person convicted of a fourth or subsequent | 13 |
| violation of
subsection
(a) or a similar provision, if at | 14 |
| the time of the fourth or subsequent
violation the alcohol | 15 |
| concentration in his or her blood, breath, or urine was
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| 0.16 or more based on the definition of blood, breath, or | 17 |
| urine units in
Section 11-501.2, and if the person's 3 | 18 |
| prior violations of subsection (a) or a
similar provision | 19 |
| occurred while transporting a person under the age of 16 or
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| while the alcohol concentration in his or her blood, | 21 |
| breath, or urine was 0.16
or more based on the definition | 22 |
| of blood, breath, or urine units in Section
11-501.2, is | 23 |
| guilty of a Class 2 felony and is not eligible for a | 24 |
| sentence of
probation or conditional discharge and is | 25 |
| subject to a minimum fine of
$2,500.
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| (d) (1) Every person convicted of committing a violation of | 27 |
| this Section
shall be guilty of aggravated driving under | 28 |
| the influence of alcohol,
other drug or drugs, or | 29 |
| intoxicating compound or compounds, or any combination
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| thereof if:
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| (A) the person committed a violation of subsection | 32 |
| (a) or a similar
provision for the
third or subsequent | 33 |
| time;
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| (B) the person committed a violation of subsection | 35 |
| (a)
while
driving a school bus with persons 18 years of | 36 |
| age or younger
on board;
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| (C) the person in committing a violation of | 2 |
| subsection
(a) was
involved in a motor vehicle accident | 3 |
| that resulted in great bodily harm or
permanent | 4 |
| disability or disfigurement to another, when the | 5 |
| violation was
a proximate cause of the injuries;
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| (D) the person committed a violation of subsection | 7 |
| (a)
for a
second time and has been previously convicted | 8 |
| of violating Section 9-3 of the
Criminal Code of 1961 | 9 |
| or a similar provision of a law of another state | 10 |
| relating to reckless homicide in which the person was
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| determined to have been under the influence of alcohol, | 12 |
| other drug or
drugs, or intoxicating compound or | 13 |
| compounds as an element of the offense or
the person | 14 |
| has previously been convicted
under subparagraph (C) | 15 |
| or subparagraph (F) of this paragraph (1);
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| (E) the person, in committing a violation of | 17 |
| subsection (a) while
driving at any speed in a school | 18 |
| speed zone at a time when a speed limit of
20 miles per | 19 |
| hour was in effect under subsection (a) of Section | 20 |
| 11-605 of
this Code, was involved in a motor vehicle | 21 |
| accident that resulted in bodily
harm, other than great | 22 |
| bodily harm or permanent disability or disfigurement,
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| to another person, when the violation of subsection (a) | 24 |
| was a
proximate cause
of the bodily harm; or
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| (F) the person, in committing a violation of | 26 |
| subsection (a), was
involved in a motor vehicle, | 27 |
| snowmobile, all-terrain vehicle, or watercraft
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| accident that resulted in
the death of another person, | 29 |
| when the violation of subsection
(a) was
a proximate | 30 |
| cause of the death.
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| (2) Except as provided in this paragraph (2), a person | 32 |
| convicted of
aggravated driving under
the
influence of | 33 |
| alcohol, other drug or
drugs,
or intoxicating compound or | 34 |
| compounds, or any
combination thereof is guilty of a Class | 35 |
| 4 felony. For a violation of
subparagraph (C)
of
paragraph | 36 |
| (1) of this subsection (d), the defendant, if sentenced to |
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| a term
of imprisonment, shall be sentenced
to not less than
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| one year nor more than 12 years.
Aggravated driving under | 3 |
| the influence of alcohol, other drug or drugs,
or | 4 |
| intoxicating compound or compounds, or any combination | 5 |
| thereof as
defined in subparagraph (F) of paragraph (1) of | 6 |
| this subsection (d) is
a Class 2 felony, for which the | 7 |
| defendant, if sentenced to a term of
imprisonment, shall be | 8 |
| sentenced to: (A) a
term of imprisonment of not less than 3 | 9 |
| years and not more
than 14 years if the violation resulted | 10 |
| in the death of one person; or
(B) a term of imprisonment | 11 |
| of not less than 6 years and not
more than 28 years if the | 12 |
| violation resulted in the deaths of 2 or more
persons.
For | 13 |
| any prosecution under this subsection
(d), a certified copy | 14 |
| of the
driving abstract of the defendant shall be admitted | 15 |
| as proof of any prior
conviction.
Any person sentenced | 16 |
| under this subsection (d) who receives a term of
probation
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| or conditional discharge must serve a minimum term of | 18 |
| either 480 hours of
community service or 10 days of | 19 |
| imprisonment as a condition of the probation or
conditional | 20 |
| discharge. This mandatory minimum term of imprisonment or
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| assignment of community service may not be suspended or | 22 |
| reduced by the court.
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| (e) After a finding of guilt and prior to any final | 24 |
| sentencing, or an
order for supervision, for an offense based | 25 |
| upon an arrest for a
violation of this Section or a similar | 26 |
| provision of a local ordinance,
individuals shall be required | 27 |
| to undergo a professional evaluation to
determine if an | 28 |
| alcohol, drug, or intoxicating compound abuse problem exists
| 29 |
| and the
extent of the problem, and undergo the imposition of | 30 |
| treatment as appropriate.
Programs conducting these | 31 |
| evaluations shall be
licensed by the Department of Human | 32 |
| Services. The cost of any professional
evaluation shall be paid | 33 |
| for by the
individual
required to undergo the professional | 34 |
| evaluation.
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| (e-1) Any person who is found guilty of or pleads guilty to | 36 |
| violating this
Section, including any person receiving a |
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| disposition of court supervision for
violating this Section, | 2 |
| may be required by the Court to attend a victim
impact panel | 3 |
| offered by, or under contract with, a County State's Attorney's
| 4 |
| office, a probation and court services department, Mothers | 5 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated | 6 |
| Motorists.
All costs generated by
the victim impact panel shall | 7 |
| be paid from fees collected from the
offender or as may be | 8 |
| determined by the court.
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| (f) Every person found guilty of violating this Section, | 10 |
| whose
operation of a motor vehicle while in violation of this | 11 |
| Section proximately
caused any incident resulting in an | 12 |
| appropriate emergency response, shall
be liable for the expense | 13 |
| of an emergency response as provided under
Section 5-5-3 of the | 14 |
| Unified Code of Corrections.
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| (g) The Secretary of State shall revoke the driving | 16 |
| privileges of any
person convicted under this Section or a | 17 |
| similar provision of a local
ordinance.
| 18 |
| (h) (Blank).
| 19 |
| (i) The Secretary of State shall require the use of | 20 |
| ignition interlock
devices on all vehicles owned by an | 21 |
| individual who has been convicted of a
second
or subsequent | 22 |
| offense of this Section or a similar provision of a local
| 23 |
| ordinance. The Secretary shall establish by rule and regulation | 24 |
| the procedures
for certification and use of the interlock | 25 |
| system.
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| (j) In addition to any other penalties and liabilities, a | 27 |
| person who is
found guilty of or pleads guilty to violating | 28 |
| subsection (a), including any
person placed on court | 29 |
| supervision for violating subsection (a), shall be fined
$500, | 30 |
| payable to the
circuit clerk, who shall distribute the money as | 31 |
| follows: 20% to the law enforcement agency
that made the arrest | 32 |
| and 80% shall be forwarded to the State Treasurer for deposit | 33 |
| into the General Revenue Fund. If the person has been | 34 |
| previously convicted of violating
subsection (a) or a similar | 35 |
| provision of a local
ordinance, the fine shall be
$1,000. In | 36 |
| the event that more than one agency is responsible
for the |
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| arrest, the amount payable to law enforcement agencies shall be | 2 |
| shared equally. Any moneys received
by a law
enforcement agency | 3 |
| under this subsection (j) shall be used for enforcement and | 4 |
| prevention of driving while under the influence of alcohol, | 5 |
| other drug or drugs, intoxicating compound or compounds or any | 6 |
| combination thereof, as defined by this Section, including but | 7 |
| not limited to the
to purchase of law
enforcement equipment and | 8 |
| commodities that will assist in the prevention of alcohol | 9 |
| related
criminal violence throughout the State ; police officer | 10 |
| training and education in areas related to alcohol related | 11 |
| crime, including but not limited to DUI training; and police | 12 |
| officer salaries, including but not limited to salaries for | 13 |
| hire back funding for safety checkpoints, saturation patrols, | 14 |
| and liquor store sting operations. Equipment and commodities . | 15 |
| This shall include, but are
is not limited
to, in-car video | 16 |
| cameras, radar and laser speed detection devices, and alcohol
| 17 |
| breath testers.
Any moneys received by the Department of State | 18 |
| Police under this subsection
(j) shall be deposited into the | 19 |
| State Police DUI Fund and 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 .
| 31 |
| (k) The Secretary of State Police DUI Fund is created as a | 32 |
| special
fund in the State treasury. All moneys received by the | 33 |
| Secretary of State
Police under subsection (j) of this Section | 34 |
| shall be deposited into the
Secretary of State Police DUI Fund | 35 |
| and, subject to appropriation, shall be
used for enforcement | 36 |
| and prevention of driving while under the influence of alcohol, |
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| 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 to assist in the prevention of
alcohol related | 5 |
| 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 |
| (l) Whenever an individual is sentenced for an offense | 12 |
| based upon an
arrest for a violation of subsection (a) or a | 13 |
| similar provision of a local
ordinance, and the professional | 14 |
| evaluation recommends remedial or
rehabilitative treatment or | 15 |
| education, neither the treatment nor the education
shall be the | 16 |
| sole disposition and either or both may be imposed only in
| 17 |
| conjunction with another disposition. The court shall monitor | 18 |
| compliance with
any remedial education or treatment | 19 |
| recommendations contained in the
professional evaluation. | 20 |
| Programs conducting alcohol or other drug evaluation
or | 21 |
| remedial education must be licensed by the Department of Human | 22 |
| Services. If
the individual is not a resident of Illinois, | 23 |
| however, the court may accept an
alcohol or other drug | 24 |
| evaluation or remedial education program in the
individual's | 25 |
| state of residence. Programs providing treatment must be | 26 |
| licensed
under existing applicable alcoholism and drug | 27 |
| treatment licensure standards.
| 28 |
| (m) In addition to any other fine or penalty required by | 29 |
| law, an individual
convicted of a violation of subsection (a), | 30 |
| Section 5-7 of the Snowmobile
Registration and Safety Act, | 31 |
| Section 5-16 of the Boat Registration and Safety
Act, or a | 32 |
| similar provision, whose operation of a motor vehicle, | 33 |
| snowmobile, or
watercraft while in
violation of subsection (a), | 34 |
| Section 5-7 of the Snowmobile Registration and
Safety Act, | 35 |
| Section 5-16 of the Boat Registration and Safety Act, or a | 36 |
| similar
provision proximately caused an incident resulting in |
|
|
|
SB1088 Enrolled |
- 13 - |
LRB094 04763 DRH 34792 b |
|
| 1 |
| an appropriate emergency
response, shall be required to make | 2 |
| restitution to a public agency for the
costs of that emergency | 3 |
| response. The restitution may not exceed $1,000 per
public | 4 |
| agency for each emergency response. As used in this subsection | 5 |
| (m),
"emergency response" means any incident requiring a | 6 |
| response by a police
officer, a firefighter carried on the | 7 |
| rolls of a regularly constituted fire
department, or an | 8 |
| ambulance.
| 9 |
| (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; | 10 |
| 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; | 11 |
| 92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff. | 12 |
| 7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, | 13 |
| eff. 1-1-05; 93-840, eff. 7-30-04; 93-1093, eff. 3-29-05.)
| 14 |
| (Text of Section from P.A. 94-110) | 15 |
| Sec. 11-501. Driving while under the influence of alcohol, | 16 |
| other drug or
drugs, intoxicating compound or compounds or any | 17 |
| combination thereof.
| 18 |
| (a) A person shall not drive or be in actual
physical | 19 |
| control of any vehicle within this State while:
| 20 |
| (1) the alcohol concentration in the person's blood or | 21 |
| breath is 0.08
or more based on the definition of blood and | 22 |
| breath units in Section 11-501.2;
| 23 |
| (2) under the influence of alcohol;
| 24 |
| (3) under the influence of any intoxicating compound or | 25 |
| combination of
intoxicating compounds to a degree that | 26 |
| renders the person incapable of
driving safely;
| 27 |
| (4) under the influence of any other drug or | 28 |
| combination of drugs to a
degree that renders the person | 29 |
| incapable of safely driving;
| 30 |
| (5) under the combined influence of alcohol, other drug | 31 |
| or drugs, or
intoxicating compound or compounds to a degree | 32 |
| that renders the person
incapable of safely driving; or
| 33 |
| (6) there is any amount of a drug, substance, or | 34 |
| compound in the
person's breath, blood, or urine resulting | 35 |
| from the unlawful use or consumption
of cannabis listed in |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| the Cannabis Control Act, a controlled substance listed
in | 2 |
| the Illinois Controlled Substances Act, or an intoxicating | 3 |
| compound listed
in the Use of Intoxicating Compounds Act.
| 4 |
| (b) The fact that any person charged with violating this | 5 |
| Section is or
has been legally entitled to use alcohol, other | 6 |
| drug or drugs, or
intoxicating compound or compounds, or any
| 7 |
| combination thereof, shall not constitute a defense against any | 8 |
| charge of
violating this Section.
| 9 |
| (b-1) With regard to penalties imposed under this Section:
| 10 |
| (1) Any reference to a prior violation of subsection | 11 |
| (a) or a similar
provision includes any violation of a | 12 |
| provision of a local ordinance or a
provision of a law of | 13 |
| another state that is similar to a violation of
subsection | 14 |
| (a) of this Section.
| 15 |
| (2) Any penalty imposed for driving with a license that | 16 |
| has been revoked
for a previous violation of subsection (a) | 17 |
| of this Section shall be in
addition to the penalty imposed | 18 |
| for any subsequent violation of subsection (a).
| 19 |
| (b-2) Except as otherwise provided in this Section, any | 20 |
| person convicted of
violating subsection (a) of this Section is | 21 |
| guilty of a Class A misdemeanor.
| 22 |
| (b-3) In addition to any other criminal or administrative | 23 |
| sanction for any
second conviction of violating subsection (a) | 24 |
| or a similar provision committed
within 5 years of a previous | 25 |
| violation of subsection (a) or a similar
provision, the | 26 |
| defendant shall be sentenced to a mandatory minimum of 5 days | 27 |
| of
imprisonment or assigned a mandatory minimum of 240 hours of | 28 |
| community service
as may be determined by the court.
| 29 |
| (b-4) In the case of a third or subsequent violation | 30 |
| committed within 5
years of a previous violation of subsection | 31 |
| (a) or a similar provision, in
addition to any other criminal | 32 |
| or administrative sanction, a mandatory minimum
term of either | 33 |
| 10 days of imprisonment or 480 hours of community service shall
| 34 |
| be imposed.
| 35 |
| (b-5) The imprisonment or assignment of community service | 36 |
| under subsections
(b-3) and (b-4) shall not be subject to |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| 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
| 35 |
| community service shall not be suspended or reduced by the | 36 |
| court.
|
|
|
|
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LRB094 04763 DRH 34792 b |
|
| 1 |
| (3) A person who violates subsection (a) a fourth or
| 2 |
| subsequent time, if the fourth or subsequent violation | 3 |
| occurs
during a period in which his
or her driving | 4 |
| privileges are revoked or suspended where the revocation
or | 5 |
| suspension was for a violation of subsection (a),
Section | 6 |
| 11-501.1, paragraph
(b) of Section 11-401, or for reckless | 7 |
| homicide as defined in
Section 9-3
of
the Criminal Code of | 8 |
| 1961, is guilty of
a Class 2 felony and is not eligible for | 9 |
| a sentence of probation or
conditional discharge.
| 10 |
| (c-2) (Blank).
| 11 |
| (c-3) (Blank).
| 12 |
| (c-4) (Blank).
| 13 |
| (c-5) Except as provided in subsection (c-5.1), a person 21 | 14 |
| years of age or older who violates subsection (a), if the | 15 |
| person was transporting
a person under the age of 16 at the | 16 |
| time of the violation, is subject to 6 months of imprisonment, | 17 |
| an
additional mandatory minimum fine of $1,000, and 25 days of | 18 |
| community service in a program benefiting children. The | 19 |
| imprisonment or assignment of community service under this
| 20 |
| subsection (c-5) is not subject to suspension, nor is the | 21 |
| person eligible for
a reduced sentence.
| 22 |
| (c-5.1) A person 21 years of age or older who is convicted | 23 |
| of violating subsection (a) of this Section
a
first time and | 24 |
| who in committing that violation was involved in a motor | 25 |
| vehicle
accident that resulted in bodily harm to the child | 26 |
| under the age of 16 being
transported by the person, if the | 27 |
| violation was the proximate cause of the
injury, is guilty of a | 28 |
| Class 4 felony and is subject to one year of
imprisonment,
a | 29 |
| mandatory fine of $2,500, and 25 days of community service in a | 30 |
| program
benefiting children. The imprisonment or assignment to | 31 |
| community service under
this subsection (c-5.1) shall not be | 32 |
| subject to suspension, nor shall the person be
eligible for | 33 |
| probation in order to reduce the sentence or assignment.
| 34 |
| (c-6) Except as provided in subsections (c-7) and (c-7.1), | 35 |
| a person 21 years of age or older who
violates
subsection (a) a | 36 |
| second time, if at the time of
the second violation the person |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| was transporting a person under the age of 16,
is subject to 6 | 2 |
| months of imprisonment, an additional mandatory
minimum fine of | 3 |
| $1,000, and an additional mandatory minimum 140 hours of
| 4 |
| community service, which shall include 40 hours of community | 5 |
| service in a
program benefiting children.
The imprisonment or | 6 |
| assignment of community service under this subsection (c-6)
is | 7 |
| not subject to suspension, nor is the person eligible for a | 8 |
| reduced
sentence.
| 9 |
| (c-7) Except as provided in subsection (c-7.1), any person | 10 |
| 21 years of age or older convicted of
violating subsection | 11 |
| (c-6) or a similar
provision within 10 years of a previous | 12 |
| violation of subsection (a) or a
similar provision is guilty of | 13 |
| a Class 4 felony and, in addition to any other penalty imposed, | 14 |
| is subject to one year of
imprisonment, 25 days of mandatory
| 15 |
| community service in a program benefiting children, and a | 16 |
| mandatory
fine of $2,500. The imprisonment or assignment of | 17 |
| community service under this
subsection (c-7) is not subject to | 18 |
| suspension, nor is the person
eligible for a reduced sentence.
| 19 |
| (c-7.1) A person 21 years of age or older who is convicted | 20 |
| of violating subsection (a) of this Section
a
second time | 21 |
| within 10 years and who in committing that violation was | 22 |
| involved
in a motor vehicle accident that resulted in bodily | 23 |
| harm to the child under the
age of 16 being transported, if the | 24 |
| violation was the proximate cause of the
injury, is guilty of a | 25 |
| Class 4 felony and is subject to 18 months of
imprisonment, a
| 26 |
| mandatory fine of $5,000, and 25 days of community service in a | 27 |
| program
benefiting
children. The imprisonment or assignment to | 28 |
| community service under this
subsection
(c-7.1) shall not be | 29 |
| subject to suspension, nor shall the person be eligible for
| 30 |
| probation in order
to reduce the sentence or assignment.
| 31 |
| (c-8) (Blank).
| 32 |
| (c-9) Any person 21 years of age or older convicted a third | 33 |
| time for violating subsection (a) or a
similar provision, if at | 34 |
| the time of the third violation the person was
transporting a | 35 |
| person under the age of 16, is guilty of a Class 4 felony and is | 36 |
| subject to 18 months of imprisonment, a mandatory fine of |
|
|
|
SB1088 Enrolled |
- 18 - |
LRB094 04763 DRH 34792 b |
|
| 1 |
| $2,500, and 25 days of community service in a
program | 2 |
| benefiting children.
The imprisonment or assignment of | 3 |
| community service under this subsection (c-9)
is not subject to | 4 |
| suspension, nor is the person eligible for a reduced
sentence.
| 5 |
| (c-10) Any person 21 years of age or older convicted of | 6 |
| violating subsection (c-9) or a similar
provision a third time | 7 |
| within 20 years of a previous violation of subsection
(a) or a
| 8 |
| similar provision is guilty of a Class 3 felony and, in | 9 |
| addition
to any other penalty imposed, is subject to 3 years of | 10 |
| imprisonment, 25 days of community
service in a program | 11 |
| benefiting children, and a mandatory fine of
$25,000. The | 12 |
| imprisonment or
assignment of community service under this | 13 |
| subsection (c-10) is not subject to
suspension, nor is the | 14 |
| person eligible for a reduced sentence.
| 15 |
| (c-11) Any person 21 years of age or older convicted a | 16 |
| fourth or subsequent time for violating
subsection (a) or a | 17 |
| similar provision, if at the time of the fourth or
subsequent | 18 |
| violation the person was transporting a person under the age of | 19 |
| 16,
and if the person's 3 prior violations of subsection (a) or | 20 |
| a similar provision
occurred while transporting a person under | 21 |
| the age of 16 or while 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 2 felony, is not eligible for | 25 |
| probation or conditional
discharge, and is subject to a minimum | 26 |
| fine of $25,000.
| 27 |
| (c-12) Any person convicted of a first violation of | 28 |
| subsection (a) or a
similar provision, if the alcohol | 29 |
| concentration in his or her blood, breath, or
urine was 0.16 or | 30 |
| more based on the definition of blood, breath, or urine
units | 31 |
| in Section 11-501.2, shall be subject, in addition to any other | 32 |
| penalty
that may be imposed, to a mandatory minimum of 100 | 33 |
| hours of community service
and a mandatory minimum fine of | 34 |
| $500.
| 35 |
| (c-13) Any person convicted of a second violation of | 36 |
| subsection (a) or a similar provision committed within 10 years |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| of a previous violation of subsection (a) or a similar | 2 |
| provision, if at the time of the second violation of subsection | 3 |
| (a) or a similar provision the
alcohol concentration in his or | 4 |
| her 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,
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 | 35 |
| the influence of alcohol,
other drug or drugs, or | 36 |
| intoxicating compound or compounds, or any combination
|
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| thereof if:
| 2 |
| (A) the person committed a violation of subsection | 3 |
| (a) or a similar
provision for the
third or subsequent | 4 |
| time;
| 5 |
| (B) the person committed a violation of subsection | 6 |
| (a)
while
driving a school bus with persons 18 years of | 7 |
| age or younger
on board;
| 8 |
| (C) the person in committing a violation of | 9 |
| subsection
(a) was
involved in a motor vehicle accident | 10 |
| that resulted in great bodily harm or
permanent | 11 |
| disability or disfigurement to another, when the | 12 |
| violation was
a proximate cause of the injuries;
| 13 |
| (D) the person committed a violation of subsection | 14 |
| (a)
for a
second time and has been previously convicted | 15 |
| of violating Section 9-3 of the
Criminal Code of 1961 | 16 |
| or a similar provision of a law of another state | 17 |
| relating to reckless homicide in which the person was
| 18 |
| determined to have been under the influence of alcohol, | 19 |
| other drug or
drugs, or intoxicating compound or | 20 |
| compounds as an element of the offense or
the person | 21 |
| has previously been convicted
under subparagraph (C) | 22 |
| or subparagraph (F) of this paragraph (1);
| 23 |
| (E) the person, in committing a violation of | 24 |
| subsection (a) while
driving at any speed in a school | 25 |
| speed zone at a time when a speed limit of
20 miles per | 26 |
| hour was in effect under subsection (a) of Section | 27 |
| 11-605 of
this Code, was involved in a motor vehicle | 28 |
| accident that resulted in bodily
harm, other than great | 29 |
| bodily harm or permanent disability or disfigurement,
| 30 |
| to another person, when the violation of subsection (a) | 31 |
| was a
proximate cause
of the bodily harm; or
| 32 |
| (F) the person, in committing a violation of | 33 |
| subsection (a), was
involved in a motor vehicle, | 34 |
| snowmobile, all-terrain vehicle, or watercraft
| 35 |
| accident that resulted in
the death of another person, | 36 |
| when the violation of subsection
(a) was
a proximate |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| 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 | 35 |
| alcohol, drug, or intoxicating compound abuse problem exists
| 36 |
| and the
extent of the problem, and undergo the imposition of |
|
|
|
SB1088 Enrolled |
- 22 - |
LRB094 04763 DRH 34792 b |
|
| 1 |
| treatment as appropriate.
Programs conducting these | 2 |
| evaluations shall be
licensed by the Department of Human | 3 |
| Services. The cost of any professional
evaluation shall be paid | 4 |
| for by the
individual
required to undergo the professional | 5 |
| evaluation.
| 6 |
| (e-1) Any person who is found guilty of or pleads guilty to | 7 |
| violating this
Section, including any person receiving a | 8 |
| disposition of court supervision for
violating this Section, | 9 |
| may be required by the Court to attend a victim
impact panel | 10 |
| offered by, or under contract with, a County State's Attorney's
| 11 |
| office, a probation and court services department, Mothers | 12 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated | 13 |
| Motorists.
All costs generated by
the victim impact panel shall | 14 |
| be paid from fees collected from the
offender or as may be | 15 |
| determined by the court.
| 16 |
| (f) Every person found guilty of violating this Section, | 17 |
| whose
operation of a motor vehicle while in violation of this | 18 |
| Section proximately
caused any incident resulting in an | 19 |
| appropriate emergency response, shall
be liable for the expense | 20 |
| of an emergency response as provided under
Section 5-5-3 of the | 21 |
| Unified Code of Corrections.
| 22 |
| (g) The Secretary of State shall revoke the driving | 23 |
| privileges of any
person convicted under this Section or a | 24 |
| similar provision of a local
ordinance.
| 25 |
| (h) (Blank).
| 26 |
| (i) The Secretary of State shall require the use of | 27 |
| ignition interlock
devices on all vehicles owned by an | 28 |
| individual who has been convicted of a
second
or subsequent | 29 |
| offense of this Section or a similar provision of a local
| 30 |
| ordinance. The Secretary shall establish by rule and regulation | 31 |
| the procedures
for certification and use of the interlock | 32 |
| system.
| 33 |
| (j) In addition to any other penalties and liabilities, a | 34 |
| person who is
found guilty of or pleads guilty to violating | 35 |
| subsection (a), including any
person placed on court | 36 |
| supervision for violating subsection (a), shall be fined
$500, |
|
|
|
SB1088 Enrolled |
- 23 - |
LRB094 04763 DRH 34792 b |
|
| 1 |
| payable to the
circuit clerk, who shall distribute the money as | 2 |
| follows: 20% to the law enforcement agency
that made the arrest | 3 |
| and 80% shall be forwarded to the State Treasurer for deposit | 4 |
| into the General Revenue Fund. If the person has been | 5 |
| previously convicted of violating
subsection (a) or a similar | 6 |
| provision of a local
ordinance, the fine shall be
$1,000. In | 7 |
| the event that more than one agency is responsible
for the | 8 |
| arrest, the amount payable to law enforcement agencies shall be | 9 |
| shared equally. Any moneys received
by a law
enforcement agency | 10 |
| under this subsection (j) shall be used for enforcement and | 11 |
| prevention of driving while under the influence of alcohol, | 12 |
| other drug or drugs, intoxicating compound or compounds or any | 13 |
| combination thereof, as defined by this Section, including but | 14 |
| not limited to the
to purchase of law
enforcement equipment and | 15 |
| commodities that will assist in the prevention of alcohol | 16 |
| related
criminal violence throughout the State ; police officer | 17 |
| training and education in areas related to alcohol related | 18 |
| crime, including but not limited to DUI training; and police | 19 |
| officer salaries, including but not limited to salaries for | 20 |
| hire back funding for safety checkpoints, saturation patrols, | 21 |
| and liquor store sting operations. Equipment and commodities . | 22 |
| This shall include, but are
is not limited
to, in-car video | 23 |
| cameras, radar and laser speed detection devices, and alcohol
| 24 |
| breath testers.
Any moneys received by the Department of State | 25 |
| Police under this subsection
(j) shall be deposited into the | 26 |
| State Police DUI Fund and 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 | 35 |
| officer salaries, including but not limited to salaries for | 36 |
| hire back funding for safety checkpoints, saturation patrols, |
|
|
|
SB1088 Enrolled |
- 24 - |
LRB094 04763 DRH 34792 b |
|
| 1 |
| and liquor store sting operations .
| 2 |
| (k) The Secretary of State Police DUI Fund is created as a | 3 |
| special
fund in the State treasury. All moneys received by the | 4 |
| Secretary of State
Police under subsection (j) of this Section | 5 |
| shall be deposited into the
Secretary of State Police DUI Fund | 6 |
| and, subject to appropriation, shall be
used for enforcement | 7 |
| and prevention of driving while under the influence of alcohol, | 8 |
| other drug or drugs, intoxicating compound or compounds or any | 9 |
| combination thereof, as defined by this Section, including but | 10 |
| not limited to the
to purchase of law enforcement equipment and | 11 |
| commodities to assist in the prevention of
alcohol related | 12 |
| criminal violence throughout the State ; police officer | 13 |
| training and education in areas related to alcohol related | 14 |
| crime, including but not limited to DUI training; and police | 15 |
| officer salaries, including but not limited to salaries for | 16 |
| hire back funding for safety checkpoints, saturation patrols, | 17 |
| and liquor store sting operations .
| 18 |
| (l) Whenever an individual is sentenced for an offense | 19 |
| based upon an
arrest for a violation of subsection (a) or a | 20 |
| similar provision of a local
ordinance, and the professional | 21 |
| evaluation recommends remedial or
rehabilitative treatment or | 22 |
| education, neither the treatment nor the education
shall be the | 23 |
| sole disposition and either or both may be imposed only in
| 24 |
| conjunction with another disposition. The court shall monitor | 25 |
| compliance with
any remedial education or treatment | 26 |
| recommendations contained in the
professional evaluation. | 27 |
| Programs conducting alcohol or other drug evaluation
or | 28 |
| remedial education must be licensed by the Department of Human | 29 |
| Services. If
the individual is not a resident of Illinois, | 30 |
| however, the court may accept an
alcohol or other drug | 31 |
| evaluation or remedial education program in the
individual's | 32 |
| state of residence. Programs providing treatment must be | 33 |
| licensed
under existing applicable alcoholism and drug | 34 |
| treatment licensure standards.
| 35 |
| (m) In addition to any other fine or penalty required by | 36 |
| law, an individual
convicted of a violation of subsection (a), |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| Section 5-7 of the Snowmobile
Registration and Safety Act, | 2 |
| Section 5-16 of the Boat Registration and Safety
Act, or a | 3 |
| similar provision, whose operation of a motor vehicle, | 4 |
| snowmobile, or
watercraft while in
violation of subsection (a), | 5 |
| Section 5-7 of the Snowmobile Registration and
Safety Act, | 6 |
| Section 5-16 of the Boat Registration and Safety Act, or a | 7 |
| similar
provision proximately caused an incident resulting in | 8 |
| an appropriate emergency
response, shall be required to make | 9 |
| restitution to a public agency for the
costs of that emergency | 10 |
| response. The restitution may not exceed $1,000 per
public | 11 |
| agency for each emergency response. As used in this subsection | 12 |
| (m),
"emergency response" means any incident requiring a | 13 |
| response by a police
officer, a firefighter carried on the | 14 |
| rolls of a regularly constituted fire
department, or an | 15 |
| ambulance.
| 16 |
| (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | 17 |
| 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | 18 |
| 93-840, eff. 7-30-04; 94-110, eff. 1-1-06.)
| 19 |
| (Text of Section from P.A. 94-113 and 94-609) | 20 |
| Sec. 11-501. Driving while under the influence of alcohol, | 21 |
| other drug or
drugs, intoxicating compound or compounds or any | 22 |
| combination thereof.
| 23 |
| (a) A person shall not drive or be in actual
physical | 24 |
| control of any vehicle within this State while:
| 25 |
| (1) the alcohol concentration in the person's blood or | 26 |
| breath is 0.08
or more based on the definition of blood and | 27 |
| breath units in Section 11-501.2;
| 28 |
| (2) under the influence of alcohol;
| 29 |
| (3) under the influence of any intoxicating compound or | 30 |
| combination of
intoxicating compounds to a degree that | 31 |
| renders the person incapable of
driving safely;
| 32 |
| (4) under the influence of any other drug or | 33 |
| combination of drugs to a
degree that renders the person | 34 |
| incapable of safely driving;
| 35 |
| (5) under the combined influence of alcohol, other drug |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| 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 | 35 |
| committed within 5
years of a previous violation of subsection | 36 |
| (a) or a similar provision, in
addition to any other criminal |
|
|
|
SB1088 Enrolled |
- 27 - |
LRB094 04763 DRH 34792 b |
|
| 1 |
| or administrative sanction, a mandatory minimum
term of either | 2 |
| 10 days of imprisonment or 480 hours of community service shall
| 3 |
| be imposed.
| 4 |
| (b-5) The imprisonment or assignment of community service | 5 |
| under subsections
(b-3) and (b-4) shall not be subject to | 6 |
| suspension, nor shall the person be
eligible for a reduced | 7 |
| sentence.
| 8 |
| (c) (Blank).
| 9 |
| (c-1) (1) A person who violates subsection (a)
during
a | 10 |
| period in which his
or her driving privileges are revoked | 11 |
| or suspended, where the revocation or
suspension was for a | 12 |
| violation of subsection (a), Section
11-501.1, paragraph | 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 4 felony.
| 16 |
| (2) A person who violates subsection (a) a third
time, | 17 |
| if the third violation occurs during a period in
which his | 18 |
| or her driving privileges are revoked or suspended where | 19 |
| the
revocation
or suspension was for a violation of | 20 |
| subsection (a),
Section 11-501.1, paragraph
(b) of Section | 21 |
| 11-401, or for reckless homicide as defined in Section 9-3
| 22 |
| of the Criminal Code of 1961, is guilty of
a Class 3 | 23 |
| felony. | 24 |
| (2.1) A person who violates subsection (a) a third | 25 |
| time, if the third
violation occurs during a period in | 26 |
| which his or her driving privileges are
revoked or | 27 |
| suspended where the revocation or suspension was for a | 28 |
| violation of
subsection (a), Section 11-501.1, subsection | 29 |
| (b) of Section 11-401, or for
reckless homicide as defined | 30 |
| in Section
9-3 of the Criminal Code of 1961, is guilty of a | 31 |
| Class 3 felony; and if the
person receives a term of
| 32 |
| probation or conditional discharge, he or she shall be | 33 |
| required to serve a
mandatory
minimum of 10 days of | 34 |
| imprisonment or shall be assigned a mandatory minimum of
| 35 |
| 480 hours of community service, as may be determined by the | 36 |
| court, as a
condition of the probation or conditional |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| discharge. This mandatory minimum
term of imprisonment or | 2 |
| assignment of community service shall not be suspended
or | 3 |
| reduced by the court.
| 4 |
| (2.2) A person who violates subsection (a), if the
| 5 |
| violation occurs during a period in which his or her | 6 |
| driving privileges are
revoked or suspended where the | 7 |
| revocation or suspension was for a violation of
subsection | 8 |
| (a) or Section 11-501.1, shall also be sentenced to an | 9 |
| additional
mandatory minimum term of 30 consecutive days of | 10 |
| imprisonment, 40 days of
24-hour periodic imprisonment, or | 11 |
| 720 hours of community service, as may be
determined by the | 12 |
| court. This mandatory term of imprisonment or assignment of
| 13 |
| community service shall not be suspended or reduced by the | 14 |
| court.
| 15 |
| (3) A person who violates subsection (a) a fourth or
| 16 |
| subsequent time, if the fourth or subsequent violation | 17 |
| occurs
during a period in which his
or her driving | 18 |
| privileges are revoked or suspended where the revocation
or | 19 |
| suspension was for a violation of subsection (a),
Section | 20 |
| 11-501.1, paragraph
(b) of Section 11-401, or for reckless | 21 |
| homicide as defined in
Section 9-3
of
the Criminal Code of | 22 |
| 1961, is guilty of
a Class 2 felony and is not eligible for | 23 |
| a sentence of probation or
conditional discharge.
| 24 |
| (c-2) (Blank).
| 25 |
| (c-3) (Blank).
| 26 |
| (c-4) (Blank).
| 27 |
| (c-5) A person who violates subsection (a), if the person | 28 |
| was transporting
a person under the age of 16 at the time of | 29 |
| the violation, is subject to an
additional mandatory minimum | 30 |
| fine of $1,000, an additional mandatory minimum
140 hours of | 31 |
| community service, which shall include 40 hours of community
| 32 |
| service in a program benefiting children, and an additional 2 | 33 |
| days of
imprisonment. The imprisonment or assignment of | 34 |
| community service under this
subsection (c-5) is not subject to | 35 |
| suspension, nor is the person eligible for
a reduced sentence.
| 36 |
| (c-6) Except as provided in subsections (c-7) and (c-8) a |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| person who
violates
subsection (a) a second time, if at the | 2 |
| time of
the second violation the person was transporting a | 3 |
| person under the age of 16,
is subject to an additional 10 days | 4 |
| of imprisonment, an additional mandatory
minimum fine of | 5 |
| $1,000, and an additional mandatory minimum 140 hours of
| 6 |
| community service, which shall include 40 hours of community | 7 |
| service in a
program benefiting children.
The imprisonment or | 8 |
| assignment of community service under this subsection (c-6)
is | 9 |
| not subject to suspension, nor is the person eligible for a | 10 |
| reduced
sentence.
| 11 |
| (c-7) Except as provided in subsection (c-8), any person | 12 |
| convicted of
violating subsection (c-6) or a similar
provision | 13 |
| within 10 years of a previous violation of subsection (a) or a
| 14 |
| similar provision shall receive, in addition to any other | 15 |
| penalty imposed, a
mandatory minimum 12 days imprisonment, an | 16 |
| additional 40 hours of mandatory
community service in a program | 17 |
| benefiting children, and a mandatory minimum
fine of $1,750. | 18 |
| The imprisonment or assignment of community service under this
| 19 |
| subsection (c-7) is not subject to suspension, nor is the | 20 |
| person
eligible for a reduced sentence.
| 21 |
| (c-8) Any person convicted of violating subsection (c-6) or | 22 |
| a similar
provision within 5 years of a previous violation of | 23 |
| subsection (a) or a similar
provision shall receive, in | 24 |
| addition to any other penalty imposed, an
additional 80 hours | 25 |
| of mandatory community service in a program benefiting
| 26 |
| children, an additional mandatory minimum 12 days of | 27 |
| imprisonment, and a
mandatory minimum fine of $1,750. The | 28 |
| imprisonment or assignment of community
service under this | 29 |
| subsection (c-8) is not subject to suspension, nor
is the
| 30 |
| person eligible for a reduced sentence.
| 31 |
| (c-9) Any person convicted a third time for violating | 32 |
| subsection (a) or a
similar provision, if at the time of the | 33 |
| third violation the person was
transporting a person under the | 34 |
| age of 16, is guilty of a Class 4 felony and shall
receive, in | 35 |
| addition to any other
penalty imposed, an additional mandatory | 36 |
| fine of $1,000, an additional
mandatory 140 hours of community |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| service, which shall include 40 hours in a
program benefiting | 2 |
| children, and a mandatory minimum 30 days of imprisonment.
The | 3 |
| imprisonment or assignment of community service under this | 4 |
| subsection (c-9)
is not subject to suspension, nor is the | 5 |
| person eligible for a reduced
sentence.
| 6 |
| (c-10) Any person convicted of violating subsection (c-9) | 7 |
| or a similar
provision a third time within 20 years of a | 8 |
| previous violation of subsection
(a) or a
similar provision is | 9 |
| guilty of a Class 4 felony and shall receive, in addition
to | 10 |
| any other penalty imposed, an additional mandatory 40 hours of | 11 |
| community
service in a program benefiting children, an | 12 |
| additional mandatory fine of
$3,000, and a mandatory minimum | 13 |
| 120 days of imprisonment. The imprisonment or
assignment of | 14 |
| community service under this subsection (c-10) is not subject | 15 |
| to
suspension, nor is the person eligible for a reduced | 16 |
| sentence.
| 17 |
| (c-11) Any person convicted a fourth or subsequent time for | 18 |
| violating
subsection (a) or a similar provision, if at the time | 19 |
| of the fourth or
subsequent violation the person was | 20 |
| transporting a person under the age of 16,
and if the person's | 21 |
| 3 prior violations of subsection (a) or a similar provision
| 22 |
| occurred while transporting a person under the age of 16 or | 23 |
| while the alcohol
concentration in his or her blood, breath, or | 24 |
| urine was 0.16 or more based
on the definition of blood, | 25 |
| breath, or urine units in Section 11-501.2, is
guilty of a | 26 |
| Class 2 felony, is not eligible for probation or conditional
| 27 |
| discharge, and is subject to a minimum fine of $3,000.
| 28 |
| (c-12) Any person convicted of a first violation of | 29 |
| subsection (a) or a
similar provision, if the alcohol | 30 |
| concentration in his or her blood, breath, or
urine was 0.16 or | 31 |
| more based on the definition of blood, breath, or urine
units | 32 |
| in Section 11-501.2, shall be subject, in addition to any other | 33 |
| penalty
that may be imposed, to a mandatory minimum of 100 | 34 |
| hours of community service
and a mandatory minimum fine of | 35 |
| $500.
| 36 |
| (c-13) Any person convicted of a second violation of |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| subsection (a) or a similar provision committed within 10 years | 2 |
| of a previous violation of subsection (a) or a similar | 3 |
| provision committed within 10 years of a previous violation of | 4 |
| subsection (a) or a similar provision, if at the time of the | 5 |
| second violation of subsection (a) the
alcohol concentration in | 6 |
| his or her blood, breath, or urine was 0.16 or more
based on | 7 |
| the definition of blood, breath, or urine units in Section | 8 |
| 11-501.2,
shall be
subject, in addition to any other penalty | 9 |
| that may be imposed, to a mandatory
minimum of 2 days of | 10 |
| imprisonment and a mandatory minimum fine of $1,250.
| 11 |
| (c-14) Any person convicted of a third violation of | 12 |
| subsection (a) or a
similar provision within 20 years of a | 13 |
| previous violation of subsection (a) or
a
similar provision, if | 14 |
| at the time of the third violation of subsection (a) or a
| 15 |
| similar provision the alcohol concentration in his or her | 16 |
| blood, breath, or
urine was 0.16 or more based on the | 17 |
| definition of blood, breath, or urine units
in Section | 18 |
| 11-501.2, is guilty of a Class 4 felony and shall be subject, | 19 |
| in
addition to any other penalty that may be imposed, to a | 20 |
| mandatory minimum of
90 days of imprisonment and a mandatory | 21 |
| minimum fine of $2,500.
| 22 |
| (c-15) Any person convicted of a fourth or subsequent | 23 |
| violation of
subsection
(a) or a similar provision, if at the | 24 |
| time of the fourth or subsequent
violation the alcohol | 25 |
| concentration in his or her blood, breath, or urine was
0.16 or | 26 |
| more based on the definition of blood, breath, or urine units | 27 |
| in
Section 11-501.2, and if the person's 3 prior violations of | 28 |
| subsection (a) or a
similar provision occurred while | 29 |
| transporting a person under the age of 16 or
while the alcohol | 30 |
| concentration in his or her blood, breath, or urine was 0.16
or | 31 |
| more based on the definition of blood, breath, or urine units | 32 |
| in Section
11-501.2, is guilty of a Class 2 felony and is not | 33 |
| eligible for a sentence of
probation or conditional discharge | 34 |
| and is subject to a minimum fine of
$2,500.
| 35 |
| (d) (1) Every person convicted of committing a violation of | 36 |
| this Section
shall be guilty of aggravated driving under |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 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 | 35 |
| subsection (a), was
involved in a motor vehicle, | 36 |
| snowmobile, all-terrain vehicle, or watercraft
|
|
|
|
SB1088 Enrolled |
- 33 - |
LRB094 04763 DRH 34792 b |
|
| 1 |
| accident that resulted in
the death of another person, | 2 |
| when the violation of subsection
(a) was
a proximate | 3 |
| cause of the death.
| 4 |
| (2) Except as provided in this paragraph (2), a person | 5 |
| convicted of
aggravated driving under
the
influence of | 6 |
| alcohol, other drug or
drugs,
or intoxicating compound or | 7 |
| compounds, or any
combination thereof is guilty of a Class | 8 |
| 4 felony. For a violation of
subparagraph (C)
of
paragraph | 9 |
| (1) of this subsection (d), the defendant, if sentenced to | 10 |
| a term
of imprisonment, shall be sentenced
to not less than
| 11 |
| one year nor more than 12 years.
Aggravated driving under | 12 |
| the influence of alcohol, other drug or drugs,
or | 13 |
| intoxicating compound or compounds, or any combination | 14 |
| thereof as
defined in subparagraph (F) of paragraph (1) of | 15 |
| this subsection (d) is
a Class 2 felony, for which the | 16 |
| defendant, unless the court determines that extraordinary | 17 |
| circumstances exist and require probation, shall be | 18 |
| sentenced to: (A) a
term of imprisonment of not less than 3 | 19 |
| years and not more
than 14 years if the violation resulted | 20 |
| in the death of one person; or
(B) a term of imprisonment | 21 |
| of not less than 6 years and not
more than 28 years if the | 22 |
| violation resulted in the deaths of 2 or more
persons.
For | 23 |
| any prosecution under this subsection
(d), a certified copy | 24 |
| of the
driving abstract of the defendant shall be admitted | 25 |
| as proof of any prior
conviction.
Any person sentenced | 26 |
| under this subsection (d) who receives a term of
probation
| 27 |
| or conditional discharge must serve a minimum term of | 28 |
| either 480 hours of
community service or 10 days of | 29 |
| imprisonment as a condition of the probation or
conditional | 30 |
| discharge. This mandatory minimum term of imprisonment or
| 31 |
| assignment of community service may not be suspended or | 32 |
| 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 | 35 |
| upon an arrest for a
violation of this Section or a similar | 36 |
| provision of a local ordinance,
individuals shall be required |
|
|
|
SB1088 Enrolled |
- 34 - |
LRB094 04763 DRH 34792 b |
|
| 1 |
| to undergo a professional evaluation to
determine if an | 2 |
| alcohol, drug, or intoxicating compound abuse problem exists
| 3 |
| and the
extent of the problem, and undergo the imposition of | 4 |
| treatment as appropriate.
Programs conducting these | 5 |
| evaluations shall be
licensed by the Department of Human | 6 |
| Services. The cost of any professional
evaluation shall be paid | 7 |
| for by the
individual
required to undergo the professional | 8 |
| evaluation.
| 9 |
| (e-1) Any person who is found guilty of or pleads guilty to | 10 |
| violating this
Section, including any person receiving a | 11 |
| disposition of court supervision for
violating this Section, | 12 |
| may be required by the Court to attend a victim
impact panel | 13 |
| offered by, or under contract with, a County State's Attorney's
| 14 |
| office, a probation and court services department, Mothers | 15 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated | 16 |
| Motorists.
All costs generated by
the victim impact panel shall | 17 |
| be paid from fees collected from the
offender or as may be | 18 |
| determined by the court.
| 19 |
| (f) Every person found guilty of violating this Section, | 20 |
| whose
operation of a motor vehicle while in violation of this | 21 |
| Section proximately
caused any incident resulting in an | 22 |
| appropriate emergency response, shall
be liable for the expense | 23 |
| of an emergency response as provided under
Section 5-5-3 of the | 24 |
| Unified Code of Corrections.
| 25 |
| (g) The Secretary of State shall revoke the driving | 26 |
| privileges of any
person convicted under this Section or a | 27 |
| similar provision of a local
ordinance.
| 28 |
| (h) (Blank).
| 29 |
| (i) The Secretary of State shall require the use of | 30 |
| ignition interlock
devices on all vehicles owned by an | 31 |
| individual who has been convicted of a
second
or subsequent | 32 |
| offense of this Section or a similar provision of a local
| 33 |
| ordinance. The Secretary shall establish by rule and regulation | 34 |
| the procedures
for certification and use of the interlock | 35 |
| system.
| 36 |
| (j) In addition to any other penalties and liabilities, a |
|
|
|
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|
| 1 |
| person who is
found guilty of or pleads guilty to violating | 2 |
| subsection (a), including any
person placed on court | 3 |
| supervision for violating subsection (a), shall be fined
$500, | 4 |
| payable to the
circuit clerk, who shall distribute the money as | 5 |
| follows: 20% to the law enforcement agency
that made the arrest | 6 |
| and 80% shall be forwarded to the State Treasurer for deposit | 7 |
| into the General Revenue Fund. If the person has been | 8 |
| previously convicted of violating
subsection (a) or a similar | 9 |
| provision of a local
ordinance, the fine shall be
$1,000. In | 10 |
| the event that more than one agency is responsible
for the | 11 |
| arrest, the amount payable to law enforcement agencies shall be | 12 |
| shared equally. Any moneys received
by a law
enforcement agency | 13 |
| under this subsection (j) shall be used for enforcement and | 14 |
| prevention of driving while under the influence of alcohol, | 15 |
| other drug or drugs, intoxicating compound or compounds or any | 16 |
| combination thereof, as defined by this Section, including but | 17 |
| not limited to the
to purchase of law
enforcement equipment and | 18 |
| commodities that will assist in the prevention of alcohol | 19 |
| related
criminal violence throughout the State ; police officer | 20 |
| training and education in areas related to alcohol related | 21 |
| crime, including but not limited to DUI training; and police | 22 |
| officer salaries, including but not limited to salaries for | 23 |
| hire back funding for safety checkpoints, saturation patrols, | 24 |
| and liquor store sting operations. Equipment and commodities . | 25 |
| This shall include, but are
is not limited
to, in-car video | 26 |
| cameras, radar and laser speed detection devices, and alcohol
| 27 |
| breath testers.
Any moneys received by the Department of State | 28 |
| Police under this subsection
(j) shall be deposited into the | 29 |
| State Police DUI Fund and 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 | 35 |
| related criminal violence throughout the State ; police officer | 36 |
| training and education in areas related to alcohol related |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 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 |
| (k) The Secretary of State Police DUI Fund is created as a | 6 |
| special
fund in the State treasury. All moneys received by the | 7 |
| Secretary of State
Police under subsection (j) of this Section | 8 |
| shall be deposited into the
Secretary of State Police DUI Fund | 9 |
| and, subject to appropriation, shall be
used for enforcement | 10 |
| and prevention of driving while under the influence of alcohol, | 11 |
| other drug or drugs, intoxicating compound or compounds or any | 12 |
| combination thereof, as defined by this Section, including but | 13 |
| not limited to the
to purchase of law enforcement equipment and | 14 |
| commodities to assist in the prevention of
alcohol related | 15 |
| criminal violence throughout the State ; police officer | 16 |
| training and education in areas related to alcohol related | 17 |
| crime, including but not limited to DUI training; and police | 18 |
| officer salaries, including but not limited to salaries for | 19 |
| hire back funding for safety checkpoints, saturation patrols, | 20 |
| and liquor store sting operations .
| 21 |
| (l) Whenever an individual is sentenced for an offense | 22 |
| based upon an
arrest for a violation of subsection (a) or a | 23 |
| similar provision of a local
ordinance, and the professional | 24 |
| evaluation recommends remedial or
rehabilitative treatment or | 25 |
| education, neither the treatment nor the education
shall be the | 26 |
| sole disposition and either or both may be imposed only in
| 27 |
| conjunction with another disposition. The court shall monitor | 28 |
| compliance with
any remedial education or treatment | 29 |
| recommendations contained in the
professional evaluation. | 30 |
| Programs conducting alcohol or other drug evaluation
or | 31 |
| remedial education must be licensed by the Department of Human | 32 |
| Services. If
the individual is not a resident of Illinois, | 33 |
| however, the court may accept an
alcohol or other drug | 34 |
| evaluation or remedial education program in the
individual's | 35 |
| state of residence. Programs providing treatment must be | 36 |
| licensed
under existing applicable alcoholism and drug |
|
|
|
SB1088 Enrolled |
- 37 - |
LRB094 04763 DRH 34792 b |
|
| 1 |
| treatment licensure standards.
| 2 |
| (m) In addition to any other fine or penalty required by | 3 |
| law, an individual
convicted of a violation of subsection (a), | 4 |
| Section 5-7 of the Snowmobile
Registration and Safety Act, | 5 |
| Section 5-16 of the Boat Registration and Safety
Act, or a | 6 |
| similar provision, whose operation of a motor vehicle, | 7 |
| snowmobile, or
watercraft while in
violation of subsection (a), | 8 |
| Section 5-7 of the Snowmobile Registration and
Safety Act, | 9 |
| Section 5-16 of the Boat Registration and Safety Act, or a | 10 |
| similar
provision proximately caused an incident resulting in | 11 |
| an appropriate emergency
response, shall be required to make | 12 |
| restitution to a public agency for the
costs of that emergency | 13 |
| response. The restitution may not exceed $1,000 per
public | 14 |
| agency for each emergency response. As used in this subsection | 15 |
| (m),
"emergency response" means any incident requiring a | 16 |
| response by a police
officer, a firefighter carried on the | 17 |
| rolls of a regularly constituted fire
department, or an | 18 |
| ambulance.
| 19 |
| (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | 20 |
| 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | 21 |
| 93-840, eff. 7-30-04; 94-113, eff. 1-1-06; 94-609, eff. | 22 |
| 1-1-06.)
| 23 |
| (Text of Section from P.A. 94-114) | 24 |
| Sec. 11-501. Driving while under the influence of alcohol, | 25 |
| other drug or
drugs, intoxicating compound or compounds or any | 26 |
| combination thereof.
| 27 |
| (a) A person shall not drive or be in actual
physical | 28 |
| control of any vehicle within this State while:
| 29 |
| (1) the alcohol concentration in the person's blood or | 30 |
| breath is 0.08
or more based on the definition of blood and | 31 |
| breath units in Section 11-501.2;
| 32 |
| (2) under the influence of alcohol;
| 33 |
| (3) under the influence of any intoxicating compound or | 34 |
| combination of
intoxicating compounds to a degree that | 35 |
| renders the person incapable of
driving safely;
|
|
|
|
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LRB094 04763 DRH 34792 b |
|
| 1 |
| (4) under the influence of any other drug or | 2 |
| combination of drugs to a
degree that renders the person | 3 |
| incapable of safely driving;
| 4 |
| (5) under the combined influence of alcohol, other drug | 5 |
| or drugs, or
intoxicating compound or compounds to a degree | 6 |
| that renders the person
incapable of safely driving; or
| 7 |
| (6) there is any amount of a drug, substance, or | 8 |
| compound in the
person's breath, blood, or urine resulting | 9 |
| from the unlawful use or consumption
of cannabis listed in | 10 |
| the Cannabis Control Act, a controlled substance listed
in | 11 |
| the Illinois Controlled Substances Act, or an intoxicating | 12 |
| compound listed
in the Use of Intoxicating Compounds Act.
| 13 |
| (b) The fact that any person charged with violating this | 14 |
| Section is or
has been legally entitled to use alcohol, other | 15 |
| drug or drugs, or
intoxicating compound or compounds, or any
| 16 |
| combination thereof, shall not constitute a defense against any | 17 |
| charge of
violating this Section.
| 18 |
| (b-1) With regard to penalties imposed under this Section:
| 19 |
| (1) Any reference to a prior violation of subsection | 20 |
| (a) or a similar
provision includes any violation of a | 21 |
| provision of a local ordinance or a
provision of a law of | 22 |
| another state that is similar to a violation of
subsection | 23 |
| (a) of this Section.
| 24 |
| (2) Any penalty imposed for driving with a license that | 25 |
| has been revoked
for a previous violation of subsection (a) | 26 |
| of this Section shall be in
addition to the penalty imposed | 27 |
| for any subsequent violation of subsection (a).
| 28 |
| (b-2) Except as otherwise provided in this Section, any | 29 |
| person convicted of
violating subsection (a) of this Section is | 30 |
| guilty of a Class A misdemeanor.
| 31 |
| (b-3) In addition to any other criminal or administrative | 32 |
| sanction for any
second conviction of violating subsection (a) | 33 |
| or a similar provision committed
within 5 years of a previous | 34 |
| violation of subsection (a) or a similar
provision, the | 35 |
| defendant shall be sentenced to a mandatory minimum of 5 days | 36 |
| of
imprisonment or assigned a mandatory minimum of 240 hours of |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| community service
as may be determined by the court.
| 2 |
| (b-4) In the case of a third or subsequent violation | 3 |
| committed within 5
years of a previous violation of subsection | 4 |
| (a) or a similar provision, in
addition to any other criminal | 5 |
| or administrative sanction, a mandatory minimum
term of either | 6 |
| 10 days of imprisonment or 480 hours of community service shall
| 7 |
| be imposed.
| 8 |
| (b-5) The imprisonment or assignment of community service | 9 |
| under subsections
(b-3) and (b-4) shall not be subject to | 10 |
| suspension, nor shall the person be
eligible for a reduced | 11 |
| sentence.
| 12 |
| (c) (Blank).
| 13 |
| (c-1) (1) A person who violates subsection (a)
during
a | 14 |
| period in which his
or her driving privileges are revoked | 15 |
| or suspended, where the revocation or
suspension was for a | 16 |
| violation of subsection (a), Section
11-501.1, paragraph | 17 |
| (b)
of Section 11-401, or for reckless homicide as defined | 18 |
| in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| 19 |
| 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
a Class 3 | 27 |
| felony. | 28 |
| (2.1) A person who violates subsection (a) a third | 29 |
| time, if the third
violation occurs during a period in | 30 |
| which his or her driving privileges are
revoked or | 31 |
| suspended where the revocation or suspension was for a | 32 |
| violation of
subsection (a), Section 11-501.1, subsection | 33 |
| (b) of Section 11-401, or for
reckless homicide as defined | 34 |
| in Section
9-3 of the Criminal Code of 1961, is guilty of a | 35 |
| Class 3 felony; and if the
person receives a term of
| 36 |
| probation or conditional discharge, he or she shall be |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| required to serve a
mandatory
minimum of 10 days of | 2 |
| imprisonment or shall be assigned a mandatory minimum of
| 3 |
| 480 hours of community service, as may be determined by the | 4 |
| court, as a
condition of the probation or conditional | 5 |
| discharge. This mandatory minimum
term of imprisonment or | 6 |
| assignment of community service shall not be suspended
or | 7 |
| reduced by the court.
| 8 |
| (2.2) A person who violates subsection (a), if the
| 9 |
| violation occurs during a period in which his or her | 10 |
| driving privileges are
revoked or suspended where the | 11 |
| revocation or suspension was for a violation of
subsection | 12 |
| (a) or Section 11-501.1, shall also be sentenced to an | 13 |
| additional
mandatory minimum term of 30 consecutive days of | 14 |
| imprisonment, 40 days of
24-hour periodic imprisonment, or | 15 |
| 720 hours of community service, as may be
determined by the | 16 |
| court. This mandatory term of imprisonment or assignment of
| 17 |
| community service shall not be suspended or reduced by the | 18 |
| court.
| 19 |
| (3) A person who violates subsection (a) a fourth or
| 20 |
| fifth time, if the fourth or fifth
violation occurs
during | 21 |
| a period in which his
or her driving privileges are revoked | 22 |
| or suspended where the revocation
or suspension was for a | 23 |
| violation of subsection (a),
Section 11-501.1, paragraph
| 24 |
| (b) of Section 11-401, or for reckless homicide as defined | 25 |
| in
Section 9-3
of
the Criminal Code of 1961, is guilty of
a | 26 |
| Class 2 felony and is not eligible for a sentence of | 27 |
| probation or
conditional discharge.
| 28 |
| (c-2) (Blank).
| 29 |
| (c-3) (Blank).
| 30 |
| (c-4) (Blank).
| 31 |
| (c-5) A person who violates subsection (a), if the person | 32 |
| was transporting
a person under the age of 16 at the time of | 33 |
| the violation, is subject to an
additional mandatory minimum | 34 |
| fine of $1,000, an additional mandatory minimum
140 hours of | 35 |
| community service, which shall include 40 hours of community
| 36 |
| service in a program benefiting children, and an additional 2 |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| days of
imprisonment. The imprisonment or assignment of | 2 |
| community service under this
subsection (c-5) is not subject to | 3 |
| suspension, nor is the person eligible for
a reduced sentence.
| 4 |
| (c-6) Except as provided in subsections (c-7) and (c-8) a | 5 |
| person who
violates
subsection (a) a second time, if at the | 6 |
| time of
the second violation the person was transporting a | 7 |
| person under the age of 16,
is subject to an additional 10 days | 8 |
| of imprisonment, an additional mandatory
minimum fine of | 9 |
| $1,000, and an additional mandatory minimum 140 hours of
| 10 |
| community service, which shall include 40 hours of community | 11 |
| service in a
program benefiting children.
The imprisonment or | 12 |
| assignment of community service under this subsection (c-6)
is | 13 |
| not subject to suspension, nor is the person eligible for a | 14 |
| reduced
sentence.
| 15 |
| (c-7) Except as provided in subsection (c-8), any person | 16 |
| convicted of
violating subsection (c-6) or a similar
provision | 17 |
| within 10 years of a previous violation of subsection (a) or a
| 18 |
| similar provision shall receive, in addition to any other | 19 |
| penalty imposed, a
mandatory minimum 12 days imprisonment, an | 20 |
| additional 40 hours of mandatory
community service in a program | 21 |
| benefiting children, and a mandatory minimum
fine of $1,750. | 22 |
| The imprisonment or assignment of community service under this
| 23 |
| subsection (c-7) is not subject to suspension, nor is the | 24 |
| person
eligible for a reduced sentence.
| 25 |
| (c-8) Any person convicted of violating subsection (c-6) or | 26 |
| a similar
provision within 5 years of a previous violation of | 27 |
| subsection (a) or a similar
provision shall receive, in | 28 |
| addition to any other penalty imposed, an
additional 80 hours | 29 |
| of mandatory community service in a program benefiting
| 30 |
| children, an additional mandatory minimum 12 days of | 31 |
| imprisonment, and a
mandatory minimum fine of $1,750. The | 32 |
| imprisonment or assignment of community
service under this | 33 |
| subsection (c-8) is not subject to suspension, nor
is the
| 34 |
| person eligible for a reduced sentence.
| 35 |
| (c-9) Any person convicted a third time for violating | 36 |
| subsection (a) or a
similar provision, if at the time of the |
|
|
|
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LRB094 04763 DRH 34792 b |
|
| 1 |
| third violation the person was
transporting a person under the | 2 |
| age of 16, is guilty of a Class 4 felony and shall
receive, in | 3 |
| addition to any other
penalty imposed, an additional mandatory | 4 |
| fine of $1,000, an additional
mandatory 140 hours of community | 5 |
| service, which shall include 40 hours in a
program benefiting | 6 |
| children, and a mandatory minimum 30 days of imprisonment.
The | 7 |
| imprisonment or assignment of community service under this | 8 |
| subsection (c-9)
is not subject to suspension, nor is the | 9 |
| person eligible for a reduced
sentence.
| 10 |
| (c-10) Any person convicted of violating subsection (c-9) | 11 |
| or a similar
provision a third time within 20 years of a | 12 |
| previous violation of subsection
(a) or a
similar provision is | 13 |
| guilty of a Class 4 felony and shall receive, in addition
to | 14 |
| any other penalty imposed, an additional mandatory 40 hours of | 15 |
| community
service in a program benefiting children, an | 16 |
| additional mandatory fine of
$3,000, and a mandatory minimum | 17 |
| 120 days of imprisonment. The imprisonment or
assignment of | 18 |
| community service under this subsection (c-10) is not subject | 19 |
| to
suspension, nor is the person eligible for a reduced | 20 |
| sentence.
| 21 |
| (c-11) Any person convicted a fourth or fifth
time for | 22 |
| violating
subsection (a) or a similar provision, if at the time | 23 |
| of the fourth or
fifth violation the person was transporting a | 24 |
| person under the age of 16,
and if the person's 3 prior | 25 |
| violations of subsection (a) or a similar provision
occurred | 26 |
| while transporting a person under the age of 16 or while the | 27 |
| alcohol
concentration in his or her blood, breath, or urine was | 28 |
| 0.16 or more based
on the definition of blood, breath, or urine | 29 |
| units in Section 11-501.2, is
guilty of a Class 2 felony, is | 30 |
| not eligible for probation or conditional
discharge, and is | 31 |
| subject to a minimum fine of $3,000.
| 32 |
| (c-12) Any person convicted of a first violation of | 33 |
| subsection (a) or a
similar provision, if the alcohol | 34 |
| concentration in his or her blood, breath, or
urine was 0.16 or | 35 |
| more based on the definition of blood, breath, or urine
units | 36 |
| in Section 11-501.2, shall be subject, in addition to any other |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| penalty
that may be imposed, to a mandatory minimum of 100 | 2 |
| hours of community service
and a mandatory minimum fine of | 3 |
| $500.
| 4 |
| (c-13) Any person convicted of a second violation of | 5 |
| subsection (a) or a similar provision committed within 10 years | 6 |
| of a previous violation of subsection (a) or a similar | 7 |
| provision committed within 10 years of a previous violation of | 8 |
| subsection (a) or a similar provision, if at the time of the | 9 |
| second violation of subsection (a) the
alcohol concentration in | 10 |
| his or her blood, breath, or urine was 0.16 or more
based on | 11 |
| the definition of blood, breath, or urine units in Section | 12 |
| 11-501.2,
shall be
subject, in addition to any other penalty | 13 |
| that may be imposed, to a mandatory
minimum of 2 days of | 14 |
| imprisonment and a mandatory minimum fine of $1,250.
| 15 |
| (c-14) Any person convicted of a third violation of | 16 |
| subsection (a) or a
similar provision within 20 years of a | 17 |
| previous violation of subsection (a) or
a
similar provision, if | 18 |
| at the time of the third violation of subsection (a) or a
| 19 |
| similar provision the alcohol concentration in his or her | 20 |
| blood, breath, or
urine was 0.16 or more based on the | 21 |
| definition of blood, breath, or urine units
in Section | 22 |
| 11-501.2, is guilty of a Class 4 felony and shall be subject, | 23 |
| in
addition to any other penalty that may be imposed, to a | 24 |
| mandatory minimum of
90 days of imprisonment and a mandatory | 25 |
| minimum fine of $2,500.
| 26 |
| (c-15) Any person convicted of a fourth or fifth
violation | 27 |
| of
subsection
(a) or a similar provision, if at the time of the | 28 |
| fourth or fifth
violation the alcohol concentration in his or | 29 |
| her blood, breath, or urine was
0.16 or more based on the | 30 |
| definition of blood, breath, or urine units in
Section | 31 |
| 11-501.2, and if the person's 3 prior violations of subsection | 32 |
| (a) or a
similar provision occurred while transporting a person | 33 |
| under the age of 16 or
while the alcohol concentration in his | 34 |
| or her blood, breath, or urine was 0.16
or more based on the | 35 |
| definition of blood, breath, or urine units in Section
| 36 |
| 11-501.2, is guilty of a Class 2 felony and is not eligible for |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| a sentence of
probation or conditional discharge and is subject | 2 |
| to a minimum fine of
$2,500.
| 3 |
| (c-16) Any person convicted of a sixth or subsequent | 4 |
| violation of subsection (a) is guilty of a Class X felony.
| 5 |
| (d) (1) Every person convicted of committing a violation of | 6 |
| this Section
shall be guilty of aggravated driving under | 7 |
| the influence of alcohol,
other drug or drugs, or | 8 |
| intoxicating compound or compounds, or any combination
| 9 |
| thereof if:
| 10 |
| (A) the person committed a violation of subsection | 11 |
| (a) or a similar
provision for the
third or subsequent | 12 |
| time;
| 13 |
| (B) the person committed a violation of subsection | 14 |
| (a)
while
driving a school bus with persons 18 years of | 15 |
| age or younger
on board;
| 16 |
| (C) the person in committing a violation of | 17 |
| subsection
(a) was
involved in a motor vehicle accident | 18 |
| that resulted in great bodily harm or
permanent | 19 |
| disability or disfigurement to another, when the | 20 |
| violation was
a proximate cause of the injuries;
| 21 |
| (D) the person committed a violation of subsection | 22 |
| (a)
for a
second time and has been previously convicted | 23 |
| of violating Section 9-3 of the
Criminal Code of 1961 | 24 |
| or a similar provision of a law of another state | 25 |
| relating to reckless homicide in which the person was
| 26 |
| determined to have been under the influence of alcohol, | 27 |
| other drug or
drugs, or intoxicating compound or | 28 |
| compounds as an element of the offense or
the person | 29 |
| has previously been convicted
under subparagraph (C) | 30 |
| or subparagraph (F) of this paragraph (1);
| 31 |
| (E) the person, in committing a violation of | 32 |
| subsection (a) while
driving at any speed in a school | 33 |
| speed zone at a time when a speed limit of
20 miles per | 34 |
| hour was in effect under subsection (a) of Section | 35 |
| 11-605 of
this Code, was involved in a motor vehicle | 36 |
| accident that resulted in bodily
harm, other than great |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 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; or
| 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 |
| (2) Except as provided in this paragraph (2), a person | 11 |
| convicted of
aggravated driving under
the
influence of | 12 |
| alcohol, other drug or
drugs,
or intoxicating compound or | 13 |
| compounds, or any
combination thereof is guilty of a Class | 14 |
| 4 felony. For a violation of
subparagraph (C)
of
paragraph | 15 |
| (1) of this subsection (d), the defendant, if sentenced to | 16 |
| a term
of imprisonment, shall be sentenced
to not less than
| 17 |
| one year nor more than 12 years.
Aggravated driving under | 18 |
| the influence of alcohol, other drug or drugs,
or | 19 |
| intoxicating compound or compounds, or any combination | 20 |
| thereof as
defined in subparagraph (F) of paragraph (1) of | 21 |
| this subsection (d) is
a Class 2 felony, for which the | 22 |
| defendant, if sentenced to a term of
imprisonment, shall be | 23 |
| sentenced to: (A) a
term of imprisonment of not less than 3 | 24 |
| years and not more
than 14 years if the violation resulted | 25 |
| in the death of one person; or
(B) a term of imprisonment | 26 |
| of not less than 6 years and not
more than 28 years if the | 27 |
| violation resulted in the deaths of 2 or more
persons.
For | 28 |
| any prosecution under this subsection
(d), a certified copy | 29 |
| of the
driving abstract of the defendant shall be admitted | 30 |
| as proof of any prior
conviction.
Any person sentenced | 31 |
| under this subsection (d) who receives a term of
probation
| 32 |
| or conditional discharge must serve a minimum term of | 33 |
| either 480 hours of
community service or 10 days of | 34 |
| imprisonment as a condition of the probation or
conditional | 35 |
| discharge. This mandatory minimum term of imprisonment or
| 36 |
| assignment of community service may not be suspended or |
|
|
|
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LRB094 04763 DRH 34792 b |
|
| 1 |
| reduced by the court.
| 2 |
| (e) After a finding of guilt and prior to any final | 3 |
| sentencing, or an
order for supervision, for an offense based | 4 |
| upon an arrest for a
violation of this Section or a similar | 5 |
| provision of a local ordinance,
individuals shall be required | 6 |
| to undergo a professional evaluation to
determine if an | 7 |
| alcohol, drug, or intoxicating compound abuse problem exists
| 8 |
| and the
extent of the problem, and undergo the imposition of | 9 |
| treatment as appropriate.
Programs conducting these | 10 |
| evaluations shall be
licensed by the Department of Human | 11 |
| Services. The cost of any professional
evaluation shall be paid | 12 |
| for by the
individual
required to undergo the professional | 13 |
| evaluation.
| 14 |
| (e-1) Any person who is found guilty of or pleads guilty to | 15 |
| violating this
Section, including any person receiving a | 16 |
| disposition of court supervision for
violating this Section, | 17 |
| may be required by the Court to attend a victim
impact panel | 18 |
| offered by, or under contract with, a County State's Attorney's
| 19 |
| office, a probation and court services department, Mothers | 20 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated | 21 |
| Motorists.
All costs generated by
the victim impact panel shall | 22 |
| be paid from fees collected from the
offender or as may be | 23 |
| determined by the court.
| 24 |
| (f) Every person found guilty of violating this Section, | 25 |
| whose
operation of a motor vehicle while in violation of this | 26 |
| Section proximately
caused any incident resulting in an | 27 |
| appropriate emergency response, shall
be liable for the expense | 28 |
| of an emergency response as provided under
Section 5-5-3 of the | 29 |
| Unified Code of Corrections.
| 30 |
| (g) The Secretary of State shall revoke the driving | 31 |
| privileges of any
person convicted under this Section or a | 32 |
| similar provision of a local
ordinance.
| 33 |
| (h) (Blank).
| 34 |
| (i) The Secretary of State shall require the use of | 35 |
| ignition interlock
devices on all vehicles owned by an | 36 |
| individual who has been convicted of a
second
or subsequent |
|
|
|
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LRB094 04763 DRH 34792 b |
|
| 1 |
| offense of this Section or a similar provision of a local
| 2 |
| ordinance. The Secretary shall establish by rule and regulation | 3 |
| the procedures
for certification and use of the interlock | 4 |
| system.
| 5 |
| (j) In addition to any other penalties and liabilities, a | 6 |
| person who is
found guilty of or pleads guilty to violating | 7 |
| subsection (a), including any
person placed on court | 8 |
| supervision for violating subsection (a), shall be fined
$500, | 9 |
| payable to the
circuit clerk, who shall distribute the money as | 10 |
| follows: 20% to the law enforcement agency
that made the arrest | 11 |
| and 80% shall be forwarded to the State Treasurer for deposit | 12 |
| into the General Revenue Fund. If the person has been | 13 |
| previously convicted of violating
subsection (a) or a similar | 14 |
| provision of a local
ordinance, the fine shall be
$1,000. In | 15 |
| the event that more than one agency is responsible
for the | 16 |
| arrest, the amount payable to law enforcement agencies shall be | 17 |
| shared equally. Any moneys received
by a law
enforcement agency | 18 |
| under this subsection (j) shall be used for enforcement and | 19 |
| prevention of driving while under the influence of alcohol, | 20 |
| other drug or drugs, intoxicating compound or compounds or any | 21 |
| combination thereof, as defined by this Section, including but | 22 |
| not limited to the
to purchase of law
enforcement equipment and | 23 |
| commodities that will assist in the prevention of alcohol | 24 |
| related
criminal violence throughout the State ; police officer | 25 |
| training and education in areas related to alcohol related | 26 |
| crime, including but not limited to DUI training; and police | 27 |
| officer salaries, including but not limited to salaries for | 28 |
| hire back funding for safety checkpoints, saturation patrols, | 29 |
| and liquor store sting operations. Equipment and commodities . | 30 |
| This shall include, but are
is not limited
to, in-car video | 31 |
| cameras, radar and laser speed detection devices, and alcohol
| 32 |
| breath testers.
Any moneys received by the Department of State | 33 |
| Police under this subsection
(j) shall be deposited into the | 34 |
| State Police DUI Fund and shall be used for enforcement and | 35 |
| prevention of driving while under the influence of alcohol, | 36 |
| other drug or drugs, intoxicating compound or compounds or any |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| combination thereof, as defined by this Section, including but | 2 |
| not limited to the
to
purchase of law enforcement equipment and | 3 |
| commodities that will assist in the prevention of
alcohol | 4 |
| related criminal violence throughout the State ; police officer | 5 |
| training and education in areas related to alcohol related | 6 |
| crime, including but not limited to DUI training; and police | 7 |
| officer salaries, including but not limited to salaries for | 8 |
| hire back funding for safety checkpoints, saturation patrols, | 9 |
| and liquor store sting operations .
| 10 |
| (k) The Secretary of State Police DUI Fund is created as a | 11 |
| special
fund in the State treasury. All moneys received by the | 12 |
| Secretary of State
Police under subsection (j) of this Section | 13 |
| shall be deposited into the
Secretary of State Police DUI Fund | 14 |
| and, subject to appropriation, shall be
used for enforcement | 15 |
| and 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 to assist in the prevention of
alcohol related | 20 |
| 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 .
| 26 |
| (l) Whenever an individual is sentenced for an offense | 27 |
| based upon an
arrest for a violation of subsection (a) or a | 28 |
| similar provision of a local
ordinance, and the professional | 29 |
| evaluation recommends remedial or
rehabilitative treatment or | 30 |
| education, neither the treatment nor the education
shall be the | 31 |
| sole disposition and either or both may be imposed only in
| 32 |
| conjunction with another disposition. The court shall monitor | 33 |
| compliance with
any remedial education or treatment | 34 |
| recommendations contained in the
professional evaluation. | 35 |
| Programs conducting alcohol or other drug evaluation
or | 36 |
| remedial education must be licensed by the Department of Human |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| 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 | 34 |
| breath is 0.08
or more based on the definition of blood and | 35 |
| breath units in Section 11-501.2;
|
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| (2) under the influence of alcohol;
| 2 |
| (3) under the influence of any intoxicating compound or | 3 |
| combination of
intoxicating compounds to a degree that | 4 |
| renders the person incapable of
driving safely;
| 5 |
| (4) under the influence of any other drug or | 6 |
| combination of drugs to a
degree that renders the person | 7 |
| incapable of safely driving;
| 8 |
| (5) under the combined influence of alcohol, other drug | 9 |
| or drugs, or
intoxicating compound or compounds to a degree | 10 |
| that renders the person
incapable of safely driving; or
| 11 |
| (6) there is any amount of a drug, substance, or | 12 |
| compound in the
person's breath, blood, or urine resulting | 13 |
| from the unlawful use or consumption
of cannabis listed in | 14 |
| the Cannabis Control Act, a controlled substance listed
in | 15 |
| the Illinois Controlled Substances Act, or an intoxicating | 16 |
| compound listed
in the Use of Intoxicating Compounds 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 |
| (b-1) With regard to penalties imposed under this Section:
| 23 |
| (1) Any reference to a prior violation of subsection | 24 |
| (a) or a similar
provision includes any violation of a | 25 |
| provision of a local ordinance or a
provision of a law of | 26 |
| another state that is similar to a violation of
subsection | 27 |
| (a) of this Section.
| 28 |
| (2) Any penalty imposed for driving with a license that | 29 |
| has been revoked
for a previous violation of subsection (a) | 30 |
| of this Section shall be in
addition to the penalty imposed | 31 |
| for any subsequent violation of subsection (a).
| 32 |
| (b-2) Except as otherwise provided in this Section, any | 33 |
| person convicted of
violating subsection (a) of this Section is | 34 |
| guilty of a Class A misdemeanor.
| 35 |
| (b-3) In addition to any other criminal or administrative | 36 |
| sanction for any
second conviction of violating subsection (a) |
|
|
|
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|
| 1 |
| or a similar provision committed
within 5 years of a previous | 2 |
| violation of subsection (a) or a similar
provision, the | 3 |
| defendant shall be sentenced to a mandatory minimum of 5 days | 4 |
| of
imprisonment or assigned a mandatory minimum of 240 hours of | 5 |
| community service
as may be determined by the court.
| 6 |
| (b-4) In the case of a third violation committed within 5
| 7 |
| years of a previous violation of subsection (a) or a similar | 8 |
| provision, the defendant is guilty of a Class 2 felony, and in
| 9 |
| addition to any other criminal or administrative sanction, a | 10 |
| mandatory minimum
term of either 10 days of imprisonment or 480 | 11 |
| hours of community service shall
be imposed.
| 12 |
| (b-5) The imprisonment or assignment of community service | 13 |
| under subsections
(b-3) and (b-4) shall not be subject to | 14 |
| suspension, nor shall the person be
eligible for a reduced | 15 |
| sentence.
| 16 |
| (c) (Blank).
| 17 |
| (c-1) (1) A person who violates subsection (a)
during
a | 18 |
| period in which his
or her driving privileges are revoked | 19 |
| or suspended, where the revocation or
suspension was for a | 20 |
| violation of subsection (a), Section
11-501.1, paragraph | 21 |
| (b)
of Section 11-401, or for reckless homicide as defined | 22 |
| in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| 23 |
| Class 4 felony.
| 24 |
| (2) A person who violates subsection (a) a third
time | 25 |
| is guilty of
a Class 2 felony. | 26 |
| (2.1) A person who violates subsection (a) a third | 27 |
| time, if the third
violation occurs during a period in | 28 |
| which his or her driving privileges are
revoked or | 29 |
| suspended where the revocation or suspension was for a | 30 |
| violation of
subsection (a), Section 11-501.1, subsection | 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 2 felony; and if the
person receives a term of
| 34 |
| probation or conditional discharge, he or she shall be | 35 |
| required to serve a
mandatory
minimum of 10 days of | 36 |
| imprisonment or shall be assigned a mandatory minimum of
|
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| 480 hours of community service, as may be determined by the | 2 |
| court, as a
condition of the probation or conditional | 3 |
| discharge. This mandatory minimum
term of imprisonment or | 4 |
| assignment of community service shall not be suspended
or | 5 |
| reduced by the court.
| 6 |
| (2.2) A person who violates subsection (a), if the
| 7 |
| violation occurs during a period in which his or her | 8 |
| driving privileges are
revoked or suspended where the | 9 |
| revocation or suspension was for a violation of
subsection | 10 |
| (a) or Section 11-501.1, shall also be sentenced to an | 11 |
| additional
mandatory minimum term of 30 consecutive days of | 12 |
| imprisonment, 40 days of
24-hour periodic imprisonment, or | 13 |
| 720 hours of community service, as may be
determined by the | 14 |
| court. This mandatory term of imprisonment or assignment of
| 15 |
| community service shall not be suspended or reduced by the | 16 |
| court.
| 17 |
| (3) A person who violates subsection (a) a fourth time | 18 |
| is guilty of
a Class 2 felony and is not eligible for a | 19 |
| sentence of probation or
conditional discharge.
| 20 |
| (4) A person who violates subsection (a) a fifth or | 21 |
| subsequent time is guilty of a Class 1 felony and is not | 22 |
| eligible for a sentence of probation or conditional | 23 |
| discharge.
| 24 |
| (c-2) (Blank).
| 25 |
| (c-3) (Blank).
| 26 |
| (c-4) (Blank).
| 27 |
| (c-5) A person who violates subsection (a), if the person | 28 |
| was transporting
a person under the age of 16 at the time of | 29 |
| the violation, is subject to an
additional mandatory minimum | 30 |
| fine of $1,000, an additional mandatory minimum
140 hours of | 31 |
| community service, which shall include 40 hours of community
| 32 |
| service in a program benefiting children, and an additional 2 | 33 |
| days of
imprisonment. The imprisonment or assignment of | 34 |
| community service under this
subsection (c-5) is not subject to | 35 |
| suspension, nor is the person eligible for
a reduced sentence.
| 36 |
| (c-6) Except as provided in subsections (c-7) and (c-8) a |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| person who
violates
subsection (a) a second time, if at the | 2 |
| time of
the second violation the person was transporting a | 3 |
| person under the age of 16,
is subject to an additional 10 days | 4 |
| of imprisonment, an additional mandatory
minimum fine of | 5 |
| $1,000, and an additional mandatory minimum 140 hours of
| 6 |
| community service, which shall include 40 hours of community | 7 |
| service in a
program benefiting children.
The imprisonment or | 8 |
| assignment of community service under this subsection (c-6)
is | 9 |
| not subject to suspension, nor is the person eligible for a | 10 |
| reduced
sentence.
| 11 |
| (c-7) Except as provided in subsection (c-8), any person | 12 |
| convicted of
violating subsection (c-6) or a similar
provision | 13 |
| within 10 years of a previous violation of subsection (a) or a
| 14 |
| similar provision shall receive, in addition to any other | 15 |
| penalty imposed, a
mandatory minimum 12 days imprisonment, an | 16 |
| additional 40 hours of mandatory
community service in a program | 17 |
| benefiting children, and a mandatory minimum
fine of $1,750. | 18 |
| The imprisonment or assignment of community service under this
| 19 |
| subsection (c-7) is not subject to suspension, nor is the | 20 |
| person
eligible for a reduced sentence.
| 21 |
| (c-8) Any person convicted of violating subsection (c-6) or | 22 |
| a similar
provision within 5 years of a previous violation of | 23 |
| subsection (a) or a similar
provision shall receive, in | 24 |
| addition to any other penalty imposed, an
additional 80 hours | 25 |
| of mandatory community service in a program benefiting
| 26 |
| children, an additional mandatory minimum 12 days of | 27 |
| imprisonment, and a
mandatory minimum fine of $1,750. The | 28 |
| imprisonment or assignment of community
service under this | 29 |
| subsection (c-8) is not subject to suspension, nor
is the
| 30 |
| person eligible for a reduced sentence.
| 31 |
| (c-9) Any person convicted a third time for violating | 32 |
| subsection (a) or a
similar provision, if at the time of the | 33 |
| third violation the person was
transporting a person under the | 34 |
| age of 16, is guilty of a Class 2 felony and shall
receive, in | 35 |
| addition to any other
penalty imposed, an additional mandatory | 36 |
| fine of $1,000, an additional
mandatory 140 hours of community |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| service, which shall include 40 hours in a
program benefiting | 2 |
| children, and a mandatory minimum 30 days of imprisonment.
The | 3 |
| imprisonment or assignment of community service under this | 4 |
| subsection (c-9)
is not subject to suspension, nor is the | 5 |
| person eligible for a reduced
sentence.
| 6 |
| (c-10) Any person convicted of violating subsection (c-9) | 7 |
| or a similar
provision a third time within 20 years of a | 8 |
| previous violation of subsection
(a) or a
similar provision is | 9 |
| guilty of a Class 2 felony and shall receive, in addition
to | 10 |
| any other penalty imposed, an additional mandatory 40 hours of | 11 |
| community
service in a program benefiting children, an | 12 |
| additional mandatory fine of
$3,000, and a mandatory minimum | 13 |
| 120 days of imprisonment. The imprisonment or
assignment of | 14 |
| community service under this subsection (c-10) is not subject | 15 |
| to
suspension, nor is the person eligible for a reduced | 16 |
| sentence.
| 17 |
| (c-11) Any person convicted a fourth time for violating
| 18 |
| subsection (a) or a similar provision, if at the time of the | 19 |
| fourth violation the person was transporting a person under the | 20 |
| age of 16,
and if the person's 3 prior violations of subsection | 21 |
| (a) or a similar provision
occurred while transporting a person | 22 |
| under the age of 16 or while the alcohol
concentration in his | 23 |
| or her blood, breath, or urine was 0.16 or more based
on the | 24 |
| definition of blood, breath, or urine units in Section | 25 |
| 11-501.2, is
guilty of a Class 2 felony, is not eligible for | 26 |
| probation or conditional
discharge, and is subject to a minimum | 27 |
| fine of $3,000.
| 28 |
| (c-12) Any person convicted of a first violation of | 29 |
| subsection (a) or a
similar provision, if the alcohol | 30 |
| concentration in his or her blood, breath, or
urine was 0.16 or | 31 |
| more based on the definition of blood, breath, or urine
units | 32 |
| in Section 11-501.2, shall be subject, in addition to any other | 33 |
| penalty
that may be imposed, to a mandatory minimum of 100 | 34 |
| hours of community service
and a mandatory minimum fine of | 35 |
| $500.
| 36 |
| (c-13) Any person convicted of a second violation of |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| subsection (a) or a similar provision committed within 10 years | 2 |
| of a previous violation of subsection (a) or a similar | 3 |
| provision committed within 10 years of a previous violation of | 4 |
| subsection (a) or a similar provision, if at the time of the | 5 |
| second violation of subsection (a) the
alcohol concentration in | 6 |
| his or her blood, breath, or urine was 0.16 or more
based on | 7 |
| the definition of blood, breath, or urine units in Section | 8 |
| 11-501.2,
shall be
subject, in addition to any other penalty | 9 |
| that may be imposed, to a mandatory
minimum of 2 days of | 10 |
| imprisonment and a mandatory minimum fine of $1,250.
| 11 |
| (c-14) Any person convicted of a third violation of | 12 |
| subsection (a) or a
similar provision within 20 years of a | 13 |
| previous violation of subsection (a) or
a
similar provision, if | 14 |
| at the time of the third violation of subsection (a) or a
| 15 |
| similar provision the alcohol concentration in his or her | 16 |
| blood, breath, or
urine was 0.16 or more based on the | 17 |
| definition of blood, breath, or urine units
in Section | 18 |
| 11-501.2, is guilty of a Class 2 felony and shall be subject, | 19 |
| in
addition to any other penalty that may be imposed, to a | 20 |
| mandatory minimum of
90 days of imprisonment and a mandatory | 21 |
| minimum fine of $2,500.
| 22 |
| (c-15) Any person convicted of a fourth
violation of
| 23 |
| subsection
(a) or a similar provision, if at the time of the | 24 |
| fourth
violation the alcohol concentration in his or her blood, | 25 |
| breath, or urine was
0.16 or more based on the definition of | 26 |
| blood, breath, or urine units in
Section 11-501.2, and if the | 27 |
| person's 3 prior violations of subsection (a) or a
similar | 28 |
| provision occurred while transporting a person under the age of | 29 |
| 16 or
while the alcohol concentration in his or her blood, | 30 |
| breath, or urine was 0.16
or more based on the definition of | 31 |
| blood, breath, or urine units in Section
11-501.2, is guilty of | 32 |
| a Class 2 felony and is not eligible for a sentence of
| 33 |
| probation or conditional discharge and is subject to a minimum | 34 |
| fine of
$2,500.
| 35 |
| (d) (1) Every person convicted of committing a violation of | 36 |
| this Section
shall be guilty of aggravated driving under |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 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 | 35 |
| subsection (a), was
involved in a motor vehicle, | 36 |
| snowmobile, all-terrain vehicle, or watercraft
|
|
|
|
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|
| 1 |
| accident that resulted in
the death of another person, | 2 |
| when the violation of subsection
(a) was
a proximate | 3 |
| cause of the death.
| 4 |
| (2) Except as provided in this paragraph (2) and in | 5 |
| paragraphs (3) and (4) of subsection (c-1), a person | 6 |
| convicted of
aggravated driving under
the
influence of | 7 |
| alcohol, other drug or
drugs,
or intoxicating compound or | 8 |
| compounds, or any
combination thereof is guilty of a Class | 9 |
| 4 felony. For a violation of
subparagraph (C)
of
paragraph | 10 |
| (1) of this subsection (d), the defendant, if sentenced to | 11 |
| a term
of imprisonment, shall be sentenced
to not less than
| 12 |
| one year nor more than 12 years.
Except as provided in | 13 |
| paragraph (4) of subsection (c-1), aggravated driving | 14 |
| under the influence of alcohol, other drug, or drugs, | 15 |
| intoxicating compounds or compounds, or any combination | 16 |
| thereof as defined in subparagraph (A) of paragraph (1) of | 17 |
| this subsection (d) is a Class 2 felony. Aggravated driving | 18 |
| under the influence of alcohol, other drug or drugs,
or | 19 |
| intoxicating compound or compounds, or any combination | 20 |
| thereof as
defined in subparagraph (F) of paragraph (1) of | 21 |
| this subsection (d) is
a Class 2 felony, for which the | 22 |
| defendant, if sentenced to a term of
imprisonment, shall be | 23 |
| sentenced to: (A) a
term of imprisonment of not less than 3 | 24 |
| years and not more
than 14 years if the violation resulted | 25 |
| in the death of one person; or
(B) a term of imprisonment | 26 |
| of not less than 6 years and not
more than 28 years if the | 27 |
| violation resulted in the deaths of 2 or more
persons.
For | 28 |
| any prosecution under this subsection
(d), a certified copy | 29 |
| of the
driving abstract of the defendant shall be admitted | 30 |
| as proof of any prior
conviction.
Any person sentenced | 31 |
| under this subsection (d) who receives a term of
probation
| 32 |
| or conditional discharge must serve a minimum term of | 33 |
| either 480 hours of
community service or 10 days of | 34 |
| imprisonment as a condition of the probation or
conditional | 35 |
| discharge. This mandatory minimum term of imprisonment or
| 36 |
| assignment of community service may not be suspended or |
|
|
|
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|
| 1 |
| reduced by the court.
| 2 |
| (e) After a finding of guilt and prior to any final | 3 |
| sentencing, or an
order for supervision, for an offense based | 4 |
| upon an arrest for a
violation of this Section or a similar | 5 |
| provision of a local ordinance,
individuals shall be required | 6 |
| to undergo a professional evaluation to
determine if an | 7 |
| alcohol, drug, or intoxicating compound abuse problem exists
| 8 |
| and the
extent of the problem, and undergo the imposition of | 9 |
| treatment as appropriate.
Programs conducting these | 10 |
| evaluations shall be
licensed by the Department of Human | 11 |
| Services. The cost of any professional
evaluation shall be paid | 12 |
| for by the
individual
required to undergo the professional | 13 |
| evaluation.
| 14 |
| (e-1) Any person who is found guilty of or pleads guilty to | 15 |
| violating this
Section, including any person receiving a | 16 |
| disposition of court supervision for
violating this Section, | 17 |
| may be required by the Court to attend a victim
impact panel | 18 |
| offered by, or under contract with, a County State's Attorney's
| 19 |
| office, a probation and court services department, Mothers | 20 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated | 21 |
| Motorists.
All costs generated by
the victim impact panel shall | 22 |
| be paid from fees collected from the
offender or as may be | 23 |
| determined by the court.
| 24 |
| (f) Every person found guilty of violating this Section, | 25 |
| whose
operation of a motor vehicle while in violation of this | 26 |
| Section proximately
caused any incident resulting in an | 27 |
| appropriate emergency response, shall
be liable for the expense | 28 |
| of an emergency response as provided under
Section 5-5-3 of the | 29 |
| Unified Code of Corrections.
| 30 |
| (g) The Secretary of State shall revoke the driving | 31 |
| privileges of any
person convicted under this Section or a | 32 |
| similar provision of a local
ordinance.
| 33 |
| (h) (Blank).
| 34 |
| (i) The Secretary of State shall require the use of | 35 |
| ignition interlock
devices on all vehicles owned by an | 36 |
| individual who has been convicted of a
second
or subsequent |
|
|
|
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LRB094 04763 DRH 34792 b |
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| 1 |
| offense of this Section or a similar provision of a local
| 2 |
| ordinance. The Secretary shall establish by rule and regulation | 3 |
| the procedures
for certification and use of the interlock | 4 |
| system.
| 5 |
| (j) In addition to any other penalties and liabilities, a | 6 |
| person who is
found guilty of or pleads guilty to violating | 7 |
| subsection (a), including any
person placed on court | 8 |
| supervision for violating subsection (a), shall be fined
$500, | 9 |
| payable to the
circuit clerk, who shall distribute the money as | 10 |
| follows: 20% to the law enforcement agency
that made the arrest | 11 |
| and 80% shall be forwarded to the State Treasurer for deposit | 12 |
| into the General Revenue Fund. If the person has been | 13 |
| previously convicted of violating
subsection (a) or a similar | 14 |
| provision of a local
ordinance, the fine shall be
$1,000. In | 15 |
| the event that more than one agency is responsible
for the | 16 |
| arrest, the amount payable to law enforcement agencies shall be | 17 |
| shared equally. Any moneys received
by a law
enforcement agency | 18 |
| under this subsection (j) shall be used for enforcement and | 19 |
| prevention of driving while under the influence of alcohol, | 20 |
| other drug or drugs, intoxicating compound or compounds or any | 21 |
| combination thereof, as defined by this Section, including but | 22 |
| not limited to the
to purchase of law
enforcement equipment and | 23 |
| commodities that will assist in the prevention of alcohol | 24 |
| related
criminal violence throughout the State ; police officer | 25 |
| training and education in areas related to alcohol related | 26 |
| crime, including but not limited to DUI training; and police | 27 |
| officer salaries, including but not limited to salaries for | 28 |
| hire back funding for safety checkpoints, saturation patrols, | 29 |
| and liquor store sting operations. Equipment and commodities . | 30 |
| This shall include, but are
is not limited
to, in-car video | 31 |
| cameras, radar and laser speed detection devices, and alcohol
| 32 |
| breath testers.
Any moneys received by the Department of State | 33 |
| Police under this subsection
(j) shall be deposited into the | 34 |
| State Police DUI Fund and shall be used for enforcement and | 35 |
| prevention of driving while under the influence of alcohol, | 36 |
| other drug or drugs, intoxicating compound or compounds or any |
|
|
|
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|
| 1 |
| combination thereof, as defined by this Section, including but | 2 |
| not limited to the
to
purchase of law enforcement equipment and | 3 |
| commodities that will assist in the prevention of
alcohol | 4 |
| related criminal violence throughout the State ; police officer | 5 |
| training and education in areas related to alcohol related | 6 |
| crime, including but not limited to DUI training; and police | 7 |
| officer salaries, including but not limited to salaries for | 8 |
| hire back funding for safety checkpoints, saturation patrols, | 9 |
| and liquor store sting operations .
| 10 |
| (k) The Secretary of State Police DUI Fund is created as a | 11 |
| special
fund in the State treasury. All moneys received by the | 12 |
| Secretary of State
Police under subsection (j) of this Section | 13 |
| shall be deposited into the
Secretary of State Police DUI Fund | 14 |
| and, subject to appropriation, shall be
used for enforcement | 15 |
| and 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 to assist in the prevention of
alcohol related | 20 |
| 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 .
| 26 |
| (l) Whenever an individual is sentenced for an offense | 27 |
| based upon an
arrest for a violation of subsection (a) or a | 28 |
| similar provision of a local
ordinance, and the professional | 29 |
| evaluation recommends remedial or
rehabilitative treatment or | 30 |
| education, neither the treatment nor the education
shall be the | 31 |
| sole disposition and either or both may be imposed only in
| 32 |
| conjunction with another disposition. The court shall monitor | 33 |
| compliance with
any remedial education or treatment | 34 |
| recommendations contained in the
professional evaluation. | 35 |
| Programs conducting alcohol or other drug evaluation
or | 36 |
| remedial education must be licensed by the Department of Human |
|
|
|
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LRB094 04763 DRH 34792 b |
|
| 1 |
| 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; 94-116, eff. 1-1-06.)
| 27 |
| (Text of Section from P.A. 94-329) | 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 | 34 |
| breath is 0.08
or more based on the definition of blood and | 35 |
| breath units in Section 11-501.2;
|
|
|
|
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|
| 1 |
| (2) under the influence of alcohol;
| 2 |
| (3) under the influence of any intoxicating compound or | 3 |
| combination of
intoxicating compounds to a degree that | 4 |
| renders the person incapable of
driving safely;
| 5 |
| (4) under the influence of any other drug or | 6 |
| combination of drugs to a
degree that renders the person | 7 |
| incapable of safely driving;
| 8 |
| (5) under the combined influence of alcohol, other drug | 9 |
| or drugs, or
intoxicating compound or compounds to a degree | 10 |
| that renders the person
incapable of safely driving; or
| 11 |
| (6) there is any amount of a drug, substance, or | 12 |
| compound in the
person's breath, blood, or urine resulting | 13 |
| from the unlawful use or consumption
of cannabis listed in | 14 |
| the Cannabis Control Act, a controlled substance listed
in | 15 |
| the Illinois Controlled Substances Act, or an intoxicating | 16 |
| compound listed
in the Use of Intoxicating Compounds 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 |
| (b-1) With regard to penalties imposed under this Section:
| 23 |
| (1) Any reference to a prior violation of subsection | 24 |
| (a) or a similar
provision includes any violation of a | 25 |
| provision of a local ordinance or a
provision of a law of | 26 |
| another state that is similar to a violation of
subsection | 27 |
| (a) of this Section.
| 28 |
| (2) Any penalty imposed for driving with a license that | 29 |
| has been revoked
for a previous violation of subsection (a) | 30 |
| of this Section shall be in
addition to the penalty imposed | 31 |
| for any subsequent violation of subsection (a).
| 32 |
| (b-2) Except as otherwise provided in this Section, any | 33 |
| person convicted of
violating subsection (a) of this Section is | 34 |
| guilty of a Class A misdemeanor.
| 35 |
| (b-3) In addition to any other criminal or administrative | 36 |
| sanction for any
second conviction of violating subsection (a) |
|
|
|
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|
| 1 |
| or a similar provision committed
within 5 years of a previous | 2 |
| violation of subsection (a) or a similar
provision, the | 3 |
| defendant shall be sentenced to a mandatory minimum of 5 days | 4 |
| of
imprisonment or assigned a mandatory minimum of 240 hours of | 5 |
| community service
as may be determined by the court.
| 6 |
| (b-4) In the case of a third or subsequent violation | 7 |
| committed within 5
years of a previous violation of subsection | 8 |
| (a) or a similar provision, in
addition to any other criminal | 9 |
| or administrative sanction, a mandatory minimum
term of either | 10 |
| 10 days of imprisonment or 480 hours of community service shall
| 11 |
| be imposed.
| 12 |
| (b-5) The imprisonment or assignment of community service | 13 |
| under subsections
(b-3) and (b-4) shall not be subject to | 14 |
| suspension, nor shall the person be
eligible for a reduced | 15 |
| sentence.
| 16 |
| (c) (Blank).
| 17 |
| (c-1) (1) A person who violates subsection (a)
during
a | 18 |
| period in which his
or her driving privileges are revoked | 19 |
| or suspended, where the revocation or
suspension was for a | 20 |
| violation of subsection (a), Section
11-501.1, paragraph | 21 |
| (b)
of Section 11-401, or for reckless homicide as defined | 22 |
| in Section 9-3 of
the Criminal Code of 1961 is guilty of | 23 |
| aggravated driving under the influence of alcohol, other | 24 |
| drug or drugs, intoxicating compound or compounds, or any | 25 |
| combination thereof and is guilty of a
Class 4 felony.
| 26 |
| (2) A person who violates subsection (a) a third
time, | 27 |
| if the third violation occurs during a period in
which his | 28 |
| or her driving privileges are revoked or suspended where | 29 |
| the
revocation
or suspension was for a violation of | 30 |
| subsection (a),
Section 11-501.1, paragraph
(b) of Section | 31 |
| 11-401, or for reckless homicide as defined in Section 9-3
| 32 |
| of the Criminal Code of 1961, is guilty of aggravated | 33 |
| driving under the influence of alcohol, other drug or | 34 |
| drugs, intoxicating compound or compounds, or any | 35 |
| combination thereof and is guilty of
a Class 3 felony. | 36 |
| (2.1) A person who violates subsection (a) a third |
|
|
|
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|
| 1 |
| time, if the third
violation occurs during a period in | 2 |
| which his or her driving privileges are
revoked or | 3 |
| suspended where the revocation or suspension was for a | 4 |
| violation of
subsection (a), Section 11-501.1, subsection | 5 |
| (b) of Section 11-401, or for
reckless homicide as defined | 6 |
| in Section
9-3 of the Criminal Code of 1961, is guilty of | 7 |
| aggravated driving under the influence of alcohol, other | 8 |
| drug or drugs, intoxicating compound or compounds, or any | 9 |
| combination thereof and is guilty of a Class 3 felony; and | 10 |
| if the
person receives a term of
probation or conditional | 11 |
| discharge, he or she shall be required to serve a
mandatory
| 12 |
| minimum of 10 days of imprisonment or shall be assigned a | 13 |
| mandatory minimum of
480 hours of community service, as may | 14 |
| be determined by the court, as a
condition of the probation | 15 |
| or conditional discharge. This mandatory minimum
term of | 16 |
| imprisonment or assignment of community service shall not | 17 |
| be suspended
or reduced by the court.
| 18 |
| (2.2) A person who violates subsection (a), if the
| 19 |
| violation occurs during a period in which his or her | 20 |
| driving privileges are
revoked or suspended where the | 21 |
| revocation or suspension was for a violation of
subsection | 22 |
| (a) or Section 11-501.1, is guilty of aggravated driving | 23 |
| under the influence of alcohol, other drug or drugs, | 24 |
| intoxicating compound or compounds, or any combination | 25 |
| thereof and shall also be sentenced to an additional
| 26 |
| mandatory minimum term of 30 consecutive days of | 27 |
| imprisonment, 40 days of
24-hour periodic imprisonment, or | 28 |
| 720 hours of community service, as may be
determined by the | 29 |
| court. This mandatory term of imprisonment or assignment of
| 30 |
| community service shall not be suspended or reduced by the | 31 |
| court.
| 32 |
| (3) A person who violates subsection (a) a fourth or
| 33 |
| subsequent time, if the fourth or subsequent violation | 34 |
| occurs
during a period in which his
or her driving | 35 |
| privileges are revoked or suspended where the revocation
or | 36 |
| suspension was for a violation of subsection (a),
Section |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 1 |
| 11-501.1, paragraph
(b) of Section 11-401, or for reckless | 2 |
| homicide as defined in
Section 9-3
of
the Criminal Code of | 3 |
| 1961, is guilty of aggravated driving under the influence | 4 |
| of alcohol, other drug or drugs, intoxicating compound or | 5 |
| compounds, or any combination thereof and is guilty of
a | 6 |
| Class 2 felony, and is not eligible for a sentence of | 7 |
| probation or
conditional discharge.
| 8 |
| (c-2) (Blank).
| 9 |
| (c-3) (Blank).
| 10 |
| (c-4) (Blank).
| 11 |
| (c-5) A person who violates subsection (a), if the person | 12 |
| was transporting
a person under the age of 16 at the time of | 13 |
| the violation, is subject to an
additional mandatory minimum | 14 |
| fine of $1,000, an additional mandatory minimum
140 hours of | 15 |
| community service, which shall include 40 hours of community
| 16 |
| service in a program benefiting children, and an additional 2 | 17 |
| days of
imprisonment. The imprisonment or assignment of | 18 |
| community service under this
subsection (c-5) is not subject to | 19 |
| suspension, nor is the person eligible for
a reduced sentence.
| 20 |
| (c-6) Except as provided in subsections (c-7) and (c-8) a | 21 |
| person who
violates
subsection (a) a second time, if at the | 22 |
| time of
the second violation the person was transporting a | 23 |
| person under the age of 16,
is subject to an additional 10 days | 24 |
| of imprisonment, an additional mandatory
minimum fine of | 25 |
| $1,000, and an additional mandatory minimum 140 hours of
| 26 |
| community service, which shall include 40 hours of community | 27 |
| service in a
program benefiting children.
The imprisonment or | 28 |
| assignment of community service under this subsection (c-6)
is | 29 |
| not subject to suspension, nor is the person eligible for a | 30 |
| reduced
sentence.
| 31 |
| (c-7) Except as provided in subsection (c-8), any person | 32 |
| convicted of
violating subsection (c-6) or a similar
provision | 33 |
| within 10 years of a previous violation of subsection (a) or a
| 34 |
| similar provision shall receive, in addition to any other | 35 |
| penalty imposed, a
mandatory minimum 12 days imprisonment, an | 36 |
| additional 40 hours of mandatory
community service in a program |
|
|
|
SB1088 Enrolled |
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LRB094 04763 DRH 34792 b |
|
| 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 | 35 |
| to
suspension, nor is the person eligible for a reduced | 36 |
| sentence.
|
|
|
|
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|
| 1 |
| (c-11) Any person convicted a fourth or subsequent time for | 2 |
| violating
subsection (a) or a similar provision, if at the time | 3 |
| of the fourth or
subsequent violation the person was | 4 |
| transporting a person under the age of 16,
and if the person's | 5 |
| 3 prior violations of subsection (a) or a similar provision
| 6 |
| occurred while transporting a person under the age of 16 or | 7 |
| while the alcohol
concentration in his or her blood, breath, or | 8 |
| urine was 0.16 or more based
on the definition of blood, | 9 |
| breath, or urine units in Section 11-501.2, is
guilty of a | 10 |
| Class 2 felony, is not eligible for probation or conditional
| 11 |
| discharge, and is subject to a minimum fine of $3,000.
| 12 |
| (c-12) Any person convicted of a first violation of | 13 |
| subsection (a) or a
similar provision, if the alcohol | 14 |
| concentration in his or her blood, breath, or
urine was 0.16 or | 15 |
| more based on the definition of blood, breath, or urine
units | 16 |
| in Section 11-501.2, shall be subject, in addition to any other | 17 |
| penalty
that may be imposed, to a mandatory minimum of 100 | 18 |
| hours of community service
and a mandatory minimum fine of | 19 |
| $500.
| 20 |
| (c-13) Any person convicted of a second violation of | 21 |
| subsection (a) or a similar provision committed within 10 years | 22 |
| of a previous violation of subsection (a) or a similar | 23 |
| provision committed within 10 years of a previous violation of | 24 |
| subsection (a) or a similar provision, if at the time of the | 25 |
| second violation of subsection (a) the
alcohol concentration in | 26 |
| his or her blood, breath, or urine was 0.16 or more
based on | 27 |
| the definition of blood, breath, or urine units in Section | 28 |
| 11-501.2,
shall be
subject, in addition to any other penalty | 29 |
| that may be imposed, to a mandatory
minimum of 2 days of | 30 |
| imprisonment and a mandatory minimum fine of $1,250.
| 31 |
| (c-14) Any person convicted of a third violation of | 32 |
| subsection (a) or a
similar provision within 20 years of a | 33 |
| previous violation of subsection (a) or
a
similar provision, if | 34 |
| at the time of the third violation of subsection (a) or a
| 35 |
| similar provision the alcohol concentration in his or her | 36 |
| blood, breath, or
urine was 0.16 or more based on the |
|
|
|
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| definition of blood, breath, or urine units
in Section | 2 |
| 11-501.2, is guilty of a Class 4 felony and shall be subject, | 3 |
| in
addition to any other penalty that may be imposed, to a | 4 |
| mandatory minimum of
90 days of imprisonment and a mandatory | 5 |
| minimum fine of $2,500.
| 6 |
| (c-15) Any person convicted of a fourth or subsequent | 7 |
| violation of
subsection
(a) or a similar provision, if at the | 8 |
| time of the fourth or subsequent
violation the alcohol | 9 |
| concentration in his or her blood, breath, or urine was
0.16 or | 10 |
| more based on the definition of blood, breath, or urine units | 11 |
| in
Section 11-501.2, and if the person's 3 prior violations of | 12 |
| subsection (a) or a
similar provision occurred while | 13 |
| transporting a person under the age of 16 or
while the alcohol | 14 |
| concentration in his or her blood, breath, or urine was 0.16
or | 15 |
| more based on the definition of blood, breath, or urine units | 16 |
| in Section
11-501.2, is guilty of a Class 2 felony and is not | 17 |
| eligible for a sentence of
probation or conditional discharge | 18 |
| and is subject to a minimum fine of
$2,500.
| 19 |
| (d) (1) Every person convicted of committing a violation of | 20 |
| this Section
shall be guilty of aggravated driving under | 21 |
| the influence of alcohol,
other drug or drugs, or | 22 |
| intoxicating compound or compounds, or any combination
| 23 |
| thereof if:
| 24 |
| (A) the person committed a violation of subsection | 25 |
| (a) or a similar
provision for the
third or subsequent | 26 |
| time;
| 27 |
| (B) the person committed a violation of subsection | 28 |
| (a)
while
driving a school bus with persons 18 years of | 29 |
| age or younger
on board;
| 30 |
| (C) the person in committing a violation of | 31 |
| subsection
(a) was
involved in a motor vehicle accident | 32 |
| that resulted in great bodily harm or
permanent | 33 |
| disability or disfigurement to another, when the | 34 |
| violation was
a proximate cause of the injuries;
| 35 |
| (D) the person committed a violation of subsection | 36 |
| (a)
for a
second time and has been previously convicted |
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| of violating Section 9-3 of the
Criminal Code of 1961 | 2 |
| or a similar provision of a law of another state | 3 |
| relating to reckless homicide in which the person was
| 4 |
| determined to have been under the influence of alcohol, | 5 |
| other drug or
drugs, or intoxicating compound or | 6 |
| compounds as an element of the offense or
the person | 7 |
| has previously been convicted
under subparagraph (C) | 8 |
| or subparagraph (F) of this paragraph (1);
| 9 |
| (E) the person, in committing a violation of | 10 |
| subsection (a) while
driving at any speed in a school | 11 |
| speed zone at a time when a speed limit of
20 miles per | 12 |
| hour was in effect under subsection (a) of Section | 13 |
| 11-605 of
this Code, was involved in a motor vehicle | 14 |
| accident that resulted in bodily
harm, other than great | 15 |
| bodily harm or permanent disability or disfigurement,
| 16 |
| to another person, when the violation of subsection (a) | 17 |
| was a
proximate cause
of the bodily harm; or
| 18 |
| (F) the person, in committing a violation of | 19 |
| subsection (a), was
involved in a motor vehicle, | 20 |
| snowmobile, all-terrain vehicle, or watercraft
| 21 |
| accident that resulted in
the death of another person, | 22 |
| when the violation of subsection
(a) was
a proximate | 23 |
| cause of the death;
| 24 |
| (G) the person committed the violation while he or | 25 |
| she did not possess a driver's license or permit or a | 26 |
| restricted driving permit or a judicial driving | 27 |
| permit; or
| 28 |
| (H) the person committed the violation while he or | 29 |
| she knew or should have known that the vehicle he or | 30 |
| she was driving was not covered by a liability | 31 |
| insurance policy.
| 32 |
| (2) Except as provided in this paragraph (2) and in | 33 |
| paragraphs (2), (2.1), and (3) of subsection (c-1), a | 34 |
| person convicted of
aggravated driving under
the
influence | 35 |
| of alcohol, other drug or
drugs,
or intoxicating compound | 36 |
| or compounds, or any
combination thereof is guilty of a |
|
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| Class 4 felony. For a violation of
subparagraph (C)
of
| 2 |
| paragraph (1) of this subsection (d), the defendant, if | 3 |
| sentenced to a term
of imprisonment, shall be sentenced
to | 4 |
| not less than
one year nor more than 12 years.
Aggravated | 5 |
| driving under the influence of alcohol, other drug or | 6 |
| drugs,
or intoxicating compound or compounds, or any | 7 |
| combination thereof as
defined in subparagraph (F) of | 8 |
| paragraph (1) of this subsection (d) is
a Class 2 felony, | 9 |
| for which the defendant, if sentenced to a term of
| 10 |
| imprisonment, shall be sentenced to: (A) a
term of | 11 |
| imprisonment of not less than 3 years and not more
than 14 | 12 |
| years if the violation resulted in the death of one person; | 13 |
| or
(B) a term of imprisonment of not less than 6 years and | 14 |
| not
more than 28 years if the violation resulted in the | 15 |
| deaths of 2 or more
persons.
For any prosecution under this | 16 |
| subsection
(d), a certified copy of the
driving abstract of | 17 |
| the defendant shall be admitted as proof of any prior
| 18 |
| conviction.
Any person sentenced under this subsection (d) | 19 |
| who receives a term of
probation
or conditional discharge | 20 |
| must serve a minimum term of either 480 hours of
community | 21 |
| service or 10 days of imprisonment as a condition of the | 22 |
| probation or
conditional discharge. This mandatory minimum | 23 |
| term of imprisonment or
assignment of community service may | 24 |
| not be suspended or reduced by the court.
| 25 |
| (e) After a finding of guilt and prior to any final | 26 |
| sentencing, or an
order for supervision, for an offense based | 27 |
| upon an arrest for a
violation of this Section or a similar | 28 |
| provision of a local ordinance,
individuals shall be required | 29 |
| to undergo a professional evaluation to
determine if an | 30 |
| alcohol, drug, or intoxicating compound abuse problem exists
| 31 |
| and the
extent of the problem, and undergo the imposition of | 32 |
| treatment as appropriate.
Programs conducting these | 33 |
| evaluations shall be
licensed by the Department of Human | 34 |
| Services. The cost of any professional
evaluation shall be paid | 35 |
| for by the
individual
required to undergo the professional | 36 |
| evaluation.
|
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| (e-1) Any person who is found guilty of or pleads guilty to | 2 |
| violating this
Section, including any person receiving a | 3 |
| disposition of court supervision for
violating this Section, | 4 |
| may be required by the Court to attend a victim
impact panel | 5 |
| offered by, or under contract with, a County State's Attorney's
| 6 |
| office, a probation and court services department, Mothers | 7 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated | 8 |
| Motorists.
All costs generated by
the victim impact panel shall | 9 |
| be paid from fees collected from the
offender or as may be | 10 |
| determined by the court.
| 11 |
| (f) Every person found guilty of violating this Section, | 12 |
| whose
operation of a motor vehicle while in violation of this | 13 |
| Section proximately
caused any incident resulting in an | 14 |
| appropriate emergency response, shall
be liable for the expense | 15 |
| of an emergency response as provided under
Section 5-5-3 of the | 16 |
| Unified Code of Corrections.
| 17 |
| (g) The Secretary of State shall revoke the driving | 18 |
| privileges of any
person convicted under this Section or a | 19 |
| similar provision of a local
ordinance.
| 20 |
| (h) (Blank).
| 21 |
| (i) The Secretary of State shall require the use of | 22 |
| ignition interlock
devices on all vehicles owned by an | 23 |
| individual who has been convicted of a
second
or subsequent | 24 |
| offense of this Section or a similar provision of a local
| 25 |
| ordinance. The Secretary shall establish by rule and regulation | 26 |
| the procedures
for certification and use of the interlock | 27 |
| system.
| 28 |
| (j) In addition to any other penalties and liabilities, a | 29 |
| person who is
found guilty of or pleads guilty to violating | 30 |
| subsection (a), including any
person placed on court | 31 |
| supervision for violating subsection (a), shall be fined
$500, | 32 |
| payable to the
circuit clerk, who shall distribute the money as | 33 |
| follows: 20% to the law enforcement agency
that made the arrest | 34 |
| and 80% shall be forwarded to the State Treasurer for deposit | 35 |
| into the General Revenue Fund. If the person has been | 36 |
| previously convicted of violating
subsection (a) or a similar |
|
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| provision of a local
ordinance, the fine shall be
$1,000. In | 2 |
| the event that more than one agency is responsible
for the | 3 |
| arrest, the amount payable to law enforcement agencies shall be | 4 |
| shared equally. Any moneys received
by a law
enforcement agency | 5 |
| under this subsection (j) shall be used for enforcement and | 6 |
| prevention of driving while under the influence of alcohol, | 7 |
| other drug or drugs, intoxicating compound or compounds or any | 8 |
| combination thereof, as defined by this Section, including but | 9 |
| not limited to the
to purchase of law
enforcement equipment and | 10 |
| commodities that will assist in the prevention of alcohol | 11 |
| related
criminal violence throughout the State ; police officer | 12 |
| training and education in areas related to alcohol related | 13 |
| crime, including but not limited to DUI training; and police | 14 |
| officer salaries, including but not limited to salaries for | 15 |
| hire back funding for safety checkpoints, saturation patrols, | 16 |
| and liquor store sting operations. Equipment and commodities . | 17 |
| This shall include, but are
is not limited
to, in-car video | 18 |
| cameras, radar and laser speed detection devices, and alcohol
| 19 |
| breath testers.
Any moneys received by the Department of State | 20 |
| Police under this subsection
(j) shall be deposited into the | 21 |
| State Police DUI Fund and shall be used for enforcement and | 22 |
| prevention of driving while under the influence of alcohol, | 23 |
| other drug or drugs, intoxicating compound or compounds or any | 24 |
| combination thereof, as defined by this Section, including but | 25 |
| not limited to the
to
purchase of law enforcement equipment and | 26 |
| commodities that will assist in the prevention of
alcohol | 27 |
| related criminal violence throughout the State ; police officer | 28 |
| training and education in areas related to alcohol related | 29 |
| crime, including but not limited to DUI training; and police | 30 |
| officer salaries, including but not limited to salaries for | 31 |
| hire back funding for safety checkpoints, saturation patrols, | 32 |
| and liquor store sting operations .
| 33 |
| (k) The Secretary of State Police DUI Fund is created as a | 34 |
| special
fund in the State treasury. All moneys received by the | 35 |
| Secretary of State
Police under subsection (j) of this Section | 36 |
| shall be deposited into the
Secretary of State Police DUI Fund |
|
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| and, subject to appropriation, shall be
used for enforcement | 2 |
| and 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 to assist in the prevention of
alcohol related | 7 |
| 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 |
| (l) Whenever an individual is sentenced for an offense | 14 |
| based upon an
arrest for a violation of subsection (a) or a | 15 |
| similar provision of a local
ordinance, and the professional | 16 |
| evaluation recommends remedial or
rehabilitative treatment or | 17 |
| education, neither the treatment nor the education
shall be the | 18 |
| sole disposition and either or both may be imposed only in
| 19 |
| conjunction with another disposition. The court shall monitor | 20 |
| compliance with
any remedial education or treatment | 21 |
| recommendations contained in the
professional evaluation. | 22 |
| Programs conducting alcohol or other drug evaluation
or | 23 |
| remedial education must be licensed by the Department of Human | 24 |
| Services. If
the individual is not a resident of Illinois, | 25 |
| however, the court may accept an
alcohol or other drug | 26 |
| evaluation or remedial education program in the
individual's | 27 |
| state of residence. Programs providing treatment must be | 28 |
| licensed
under existing applicable alcoholism and drug | 29 |
| treatment licensure standards.
| 30 |
| (m) In addition to any other fine or penalty required by | 31 |
| law, an individual
convicted of a violation of subsection (a), | 32 |
| Section 5-7 of the Snowmobile
Registration and Safety Act, | 33 |
| Section 5-16 of the Boat Registration and Safety
Act, or a | 34 |
| similar provision, whose operation of a motor vehicle, | 35 |
| snowmobile, or
watercraft while in
violation of subsection (a), | 36 |
| Section 5-7 of the Snowmobile Registration and
Safety Act, |
|
|
|
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| Section 5-16 of the Boat Registration and Safety Act, or a | 2 |
| similar
provision proximately caused an incident resulting in | 3 |
| an appropriate emergency
response, shall be required to make | 4 |
| restitution to a public agency for the
costs of that emergency | 5 |
| response. The restitution may not exceed $1,000 per
public | 6 |
| agency for each emergency response. As used in this subsection | 7 |
| (m),
"emergency response" means any incident requiring a | 8 |
| response by a police
officer, a firefighter carried on the | 9 |
| rolls of a regularly constituted fire
department, or an | 10 |
| ambulance.
| 11 |
| (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | 12 |
| 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | 13 |
| 93-840, eff. 7-30-04; 94-329, eff. 1-1-06.)
| 14 |
| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law. |
|