Full Text of HB6220 93rd General Assembly
HB6220eng 93RD GENERAL ASSEMBLY
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| AN ACT in regard to vehicles.
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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
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| Section 11-501 as follows:
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| (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
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| Sec. 11-501. Driving while under the influence of alcohol, | 8 |
| other drug or
drugs, intoxicating compound or compounds or any | 9 |
| combination thereof.
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| (a) A person shall not drive or be in actual
physical | 11 |
| control of any vehicle within the State of Illinois
this State
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| 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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| (c) Except as provided under paragraphs (c-3), (c-4), and | 6 |
| (d) of this
Section,
every person convicted of violating this | 7 |
| Section or a similar provision of a
local ordinance, shall be | 8 |
| guilty of a Class A misdemeanor and, in addition to
any other | 9 |
| criminal or administrative action, for any second conviction of
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| violating this Section or a similar provision of a law of | 11 |
| another state or
local ordinance committed within 5 years of a | 12 |
| previous violation of this
Section or a similar provision of a | 13 |
| local ordinance shall be mandatorily
sentenced to a minimum of | 14 |
| 5 days of imprisonment or assigned to a
minimum of 30 days of | 15 |
| community service as may be determined by the court.
Every | 16 |
| person convicted of violating this Section or a similar | 17 |
| provision of a
local ordinance shall be subject to an | 18 |
| additional mandatory minimum fine of
$500 and an additional
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| mandatory 5 days of community service in a program benefiting | 20 |
| children if the
person committed a violation of paragraph (a) | 21 |
| or a similar provision of a local
ordinance while transporting | 22 |
| a person under age 16. Every person
convicted a second time for | 23 |
| violating this Section or a similar provision of a
local | 24 |
| ordinance within 5 years of a previous violation of this | 25 |
| Section or a
similar provision of a law of another state or | 26 |
| local ordinance shall be subject
to an additional mandatory | 27 |
| minimum
fine of $500 and an additional 10 days of mandatory | 28 |
| community service in a
program benefiting
children if the | 29 |
| current offense was committed while transporting a person
under | 30 |
| age 16. The imprisonment or assignment under this subsection
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| shall not be subject to suspension nor shall the person be | 32 |
| eligible for
probation in order to reduce the sentence or | 33 |
| assignment.
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| (c-1) (1) A person who violates this Section during a | 35 |
| period in which his
or her driving privileges are revoked | 36 |
| or suspended, where the revocation or
suspension was for a |
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| violation of this Section, Section 11-501.1, paragraph (b)
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| of Section 11-401, or Section 9-3 of the Criminal Code of | 3 |
| 1961 is guilty of a
Class 4 felony.
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| (2) A person who violates this Section a third time | 5 |
| during a period in
which his or her driving privileges are | 6 |
| revoked or suspended where the
revocation
or suspension was | 7 |
| for a violation of this Section, Section 11-501.1, | 8 |
| paragraph
(b) of Section 11-401, or Section 9-3 of the | 9 |
| Criminal Code of 1961 is guilty of
a Class 3 felony.
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| (3) A person who violates this Section a fourth or | 11 |
| subsequent time
during a period in which his
or her driving | 12 |
| privileges are revoked or suspended where the revocation
or | 13 |
| suspension was for a violation of this Section, Section | 14 |
| 11-501.1, paragraph
(b) of Section 11-401, or Section 9-3 | 15 |
| of the Criminal Code of 1961 is guilty of
a Class 2 felony.
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| (c-2) (Blank).
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| (c-3) Every person convicted of violating this Section or a | 18 |
| similar
provision of a local ordinance who had a child under | 19 |
| age 16 in the vehicle at
the time of the offense shall have his | 20 |
| or her punishment under this Act
enhanced by 2 days of | 21 |
| imprisonment for a first offense, 10 days of imprisonment
for a | 22 |
| second offense, 30 days of imprisonment for a third offense, | 23 |
| and 90 days
of imprisonment for a fourth or subsequent offense, | 24 |
| in addition to the fine and
community service required under | 25 |
| subsection (c) and the possible imprisonment
required under | 26 |
| subsection (d). The imprisonment or assignment under this
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| subsection shall not be subject to suspension nor shall the | 28 |
| person be eligible
for probation in order to reduce the | 29 |
| sentence or assignment.
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| (c-4) When a person is convicted of violating Section | 31 |
| 11-501 of this
Code or a similar provision of a local | 32 |
| ordinance, the following penalties apply
when his or her blood, | 33 |
| breath, or urine was
.16 or more based on the definition of | 34 |
| blood, breath, or urine units in Section
11-501.2 or when that | 35 |
| person is convicted of violating this Section while
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| transporting a child under the age of 16:
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| (1) A person who is convicted of violating subsection | 2 |
| (a) of Section
11-501 of this
Code a
first time, in | 3 |
| addition to any other penalty that may be imposed under
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| subsection (c), is subject to
a mandatory minimum of
100 | 5 |
| hours
of community service
and
a minimum fine of $500.
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| (2) A person who is convicted of violating subsection | 7 |
| (a) of Section
11-501 of this
Code a
second time within 10 | 8 |
| years, in addition to any other penalty
that may be imposed | 9 |
| under subsection (c), is subject to
a mandatory minimum of | 10 |
| 2 days of imprisonment
and
a minimum fine of $1,250.
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| (3) A person who is convicted of violating subsection | 12 |
| (a) of Section
11-501 of this
Code a third time within 20 | 13 |
| years is guilty of a Class 4 felony and, in
addition to any
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| other penalty that may be imposed under subsection (c), is | 15 |
| subject to
a mandatory minimum of 90 days of imprisonment | 16 |
| and
a minimum fine of $2,500.
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| (4) A person who is convicted of violating this | 18 |
| subsection (c-4) a fourth
or subsequent
time is
guilty of a | 19 |
| Class 2 felony and, in addition to any other penalty
that | 20 |
| may be imposed under subsection (c), is not
eligible for a | 21 |
| sentence of probation or conditional
discharge and is
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| subject to a minimum fine of $2,500.
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| (d) (1) Every person convicted of committing a violation of | 24 |
| this Section
shall be guilty of aggravated driving under | 25 |
| the influence of alcohol,
other drug or drugs, or | 26 |
| intoxicating compound or compounds, or any combination
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| thereof if:
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| (A) the person committed a violation of this | 29 |
| Section, or a similar
provision of a law of another | 30 |
| state or a local ordinance when the cause of
action is | 31 |
| the same as or substantially similar to this Section, | 32 |
| for the
third or subsequent time;
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| (B) the person committed a violation of paragraph | 34 |
| (a) while
driving a school bus with children on board;
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| (C) the person in committing a violation of | 36 |
| paragraph (a) was
involved in a motor vehicle accident |
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| that resulted in great bodily harm or
permanent | 2 |
| disability or disfigurement to another, when the | 3 |
| violation was
a proximate cause of the injuries;
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| (D) the person committed a violation of paragraph | 5 |
| (a) for a
second time and has been previously convicted | 6 |
| of violating Section 9-3 of the
Criminal Code of 1961 | 7 |
| relating to reckless homicide in which the person was
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| determined to have been under the influence of alcohol, | 9 |
| other drug or
drugs, or intoxicating compound or | 10 |
| compounds as an element of the offense or
the person | 11 |
| has previously been convicted
under subparagraph (C) | 12 |
| or subparagraph (F) of this paragraph (1);
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| (E) the person, in committing a violation of | 14 |
| paragraph (a) while
driving at any speed in a school | 15 |
| speed zone at a time when a speed limit of
20 miles per | 16 |
| hour was in effect under subsection (a) of Section | 17 |
| 11-605 of
this Code, was involved in a motor vehicle | 18 |
| accident that resulted in bodily
harm, other than great | 19 |
| bodily harm or permanent disability or disfigurement,
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| to another person, when the violation of paragraph (a) | 21 |
| was a proximate cause
of the bodily harm; or
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| (F) the person, in committing a violation of | 23 |
| paragraph (a), was
involved in a motor vehicle, | 24 |
| snowmobile, all-terrain vehicle, or watercraft
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| accident that resulted in
the death of another person, | 26 |
| when the violation of paragraph (a) was
a proximate | 27 |
| cause of the death.
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| (2) Except as provided in this paragraph (2), | 29 |
| aggravated driving under
the
influence of alcohol, other | 30 |
| drug or
drugs,
or intoxicating compound or compounds, or | 31 |
| any
combination thereof is a Class 4 felony. For a | 32 |
| violation of subparagraph (C)
of
paragraph (1) of this | 33 |
| subsection (d), the defendant, if sentenced to a term
of | 34 |
| imprisonment, shall be sentenced
to not less than
one year | 35 |
| nor more than 12 years.
Aggravated driving under the | 36 |
| influence of alcohol, other drug or drugs,
or intoxicating |
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| compound or compounds, or any combination thereof as
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| defined in subparagraph (F) of paragraph (1) of this | 3 |
| subsection (d) is
a Class 2 felony, for which the | 4 |
| defendant, if sentenced to a term of
imprisonment, shall be | 5 |
| sentenced to: (A) a
term of imprisonment of not less than 3 | 6 |
| years and not more
than 14 years if the violation resulted | 7 |
| in the death of one person; or
(B) a term of imprisonment | 8 |
| of not less than 6 years and not
more than 28 years if the | 9 |
| violation resulted in the deaths of 2 or more
persons.
For | 10 |
| any prosecution under this subsection
(d), a certified copy | 11 |
| of the
driving abstract of the defendant shall be admitted | 12 |
| as proof of any prior
conviction.
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| (e) After a finding of guilt and prior to any final | 14 |
| sentencing, or an
order for supervision, for an offense based | 15 |
| upon an arrest for a
violation of this Section or a similar | 16 |
| provision of a local ordinance,
individuals shall be required | 17 |
| to undergo a professional evaluation to
determine if an | 18 |
| alcohol, drug, or intoxicating compound abuse problem exists
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| and the
extent of the problem, and undergo the imposition of | 20 |
| treatment as appropriate.
Programs conducting these | 21 |
| evaluations shall be
licensed by the Department of Human | 22 |
| Services. The cost of any professional
evaluation shall be paid | 23 |
| for by the
individual
required to undergo the professional | 24 |
| evaluation.
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| (e-1) Any person who is found guilty of or pleads guilty to | 26 |
| violating this
Section, including any person receiving a | 27 |
| disposition of court supervision for
violating this Section, | 28 |
| may be required by the Court to attend a victim
impact panel | 29 |
| offered by, or under contract with, a County State's Attorney's
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| office, a probation and court services department, Mothers | 31 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated | 32 |
| Motorists.
All costs generated by
the victim impact panel shall | 33 |
| be paid from fees collected from the
offender or as may be | 34 |
| determined by the court.
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| (f) Every person found guilty of violating this Section, | 36 |
| whose
operation of a motor vehicle while in violation of this |
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| Section proximately
caused any incident resulting in an | 2 |
| appropriate emergency response, shall
be liable for the expense | 3 |
| of an emergency response as provided under
Section 5-5-3 of the | 4 |
| Unified Code of Corrections.
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| (g) The Secretary of State shall revoke the driving | 6 |
| privileges of any
person convicted under this Section or a | 7 |
| similar provision of a local
ordinance.
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| (h) Every person sentenced under paragraph (2) or (3) of | 9 |
| subsection (c-1)
of this Section or subsection (d) of this | 10 |
| Section and who
receives a term of probation or conditional | 11 |
| discharge shall be required to
serve a minimum term of either | 12 |
| 60 days community service or 10 days of
imprisonment as a | 13 |
| condition of the probation or
conditional discharge. This | 14 |
| mandatory minimum term of imprisonment or
assignment of | 15 |
| community service shall not be suspended and shall
not be | 16 |
| subject to reduction by the court.
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| (i) The Secretary of State shall require the use of | 18 |
| ignition interlock
devices on all vehicles owned by an | 19 |
| individual who has been convicted of a
second
or subsequent | 20 |
| offense of this Section or a similar provision of a local
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| ordinance. The Secretary shall establish by rule and regulation | 22 |
| the procedures
for certification and use of the interlock | 23 |
| system.
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| (j) In addition to any other penalties and liabilities, a | 25 |
| person who is
found guilty of or pleads guilty to violating | 26 |
| this Section, including any
person placed on court supervision | 27 |
| for violating this Section, shall be fined
$100, payable to the
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| circuit clerk, who shall distribute the money to the law | 29 |
| enforcement agency
that made the arrest. If the person has been | 30 |
| previously convicted of violating
this Section or a similar | 31 |
| provision of a local ordinance, the fine shall be
$200. In the | 32 |
| event that more than one agency is responsible
for the arrest, | 33 |
| the $100 or $200 shall be shared equally. Any moneys received
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| by a law
enforcement agency under this subsection (j) shall be | 35 |
| used to purchase law
enforcement equipment that will assist in | 36 |
| the prevention of alcohol related
criminal violence throughout |
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| the State. This shall include, but is not limited
to, in-car | 2 |
| video cameras, radar and laser speed detection devices, and | 3 |
| alcohol
breath testers.
Any moneys received by the Department | 4 |
| of State Police under this subsection
(j) shall be deposited | 5 |
| into the State Police DUI Fund and shall be used to
purchase | 6 |
| law enforcement equipment that will assist in the prevention of
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| alcohol related criminal violence throughout the State.
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| (k) The Secretary of State Police DUI Fund is created as a | 9 |
| special
fund in the State treasury. All moneys received by the | 10 |
| Secretary of State
Police under subsection (j) of this Section | 11 |
| shall be deposited into the
Secretary of State Police DUI Fund | 12 |
| and, subject to appropriation, shall be
used to purchase law | 13 |
| enforcement equipment to assist in the prevention of
alcohol | 14 |
| related criminal violence throughout the State.
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| (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01;
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| 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; | 17 |
| 92-651, eff.
7-11-02; 93-156, eff. 1-1-04; 93-213, eff. | 18 |
| 7-18-03; 93-584, eff.
8-22-03; revised 8-27-03.)
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