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90_HB2752
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
Amends the Vehicle Code DUI provisions to provide that a
driver with an alcohol concentration in his or her blood or
breath of 0.16 or greater commits aggravated DUI, a class 4
felony.
LRB9009427OBsb
LRB9009427OBsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 11-501.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 11-501 as follows:
7 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
8 Sec. 11-501. Driving while under the influence of
9 alcohol, other drug, or combination of both.
10 (a) A person shall not drive or be in actual physical
11 control of any vehicle within this State while:
12 (1) the alcohol concentration in the person's blood
13 or breath is 0.08 or more based on the definition of
14 blood and breath units in Section 11-501.2;
15 (2) under the influence of alcohol;
16 (3) under the influence of any other drug or
17 combination of drugs to a degree that renders the person
18 incapable of safely driving;
19 (4) under the combined influence of alcohol and any
20 other drug or drugs to a degree that renders the person
21 incapable of safely driving; or
22 (5) there is any amount of a drug, substance, or
23 compound in the person's blood or urine resulting from
24 the unlawful use or consumption of cannabis listed in the
25 Cannabis Control Act, or a controlled substance listed in
26 the Illinois Controlled Substances Act.
27 (b) The fact that any person charged with violating this
28 Section is or has been legally entitled to use alcohol, or
29 other drugs, or any combination of both, shall not
30 constitute a defense against any charge of violating this
31 Section.
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1 (c) Except as provided under paragraphs (c-3) and (d) of
2 this Section, every person convicted of violating this
3 Section or a similar provision of a local ordinance, shall be
4 guilty of a Class A misdemeanor and, in addition to any other
5 criminal or administrative action, for any second conviction
6 of violating this Section or a similar provision of a law of
7 another state or local ordinance committed within 5 years of
8 a previous violation of this Section or a similar provision
9 of a local ordinance shall be mandatorily sentenced to a
10 minimum of 48 consecutive hours of imprisonment or assigned
11 to a minimum of 100 hours of community service as may be
12 determined by the court. Every person convicted of violating
13 this Section or a similar provision of a local ordinance
14 shall be subject to a mandatory minimum fine of $500 and a
15 mandatory 5 days of community service in a program benefiting
16 children if the person committed a violation of paragraph (a)
17 or a similar provision of a local ordinance while
18 transporting a person under age 16. Every person convicted a
19 second time for violating this Section or a similar provision
20 of a local ordinance within 5 years of a previous violation
21 of this Section or a similar provision of a law of another
22 state or local ordinance shall be subject to a mandatory
23 minimum fine of $500 and 10 days of mandatory community
24 service in a program benefiting children if the current
25 offense was committed while transporting a person under age
26 16. The imprisonment or assignment under this subsection
27 shall not be subject to suspension nor shall the person be
28 eligible for probation in order to reduce the sentence or
29 assignment.
30 (c-1) A person who violates this Section during a period
31 in which his or her driving privileges are revoked or
32 suspended, where the revocation or suspension was for a
33 violation of this Section or Section 11-501.1 shall, unless
34 sentenced to a term of imprisonment in the penitentiary, in
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1 addition to any other criminal or administrative action, be
2 sentenced to a minimum term of 30 consecutive days of
3 imprisonment, 40 days of 24 hour periodic imprisonment or 720
4 hours of community service, as may be determined by the
5 court. This mandatory minimum term of imprisonment or
6 assignment of community service shall not be suspended and
7 shall not be subject to reduction by the court.
8 (c-2) (Blank).
9 (c-3) Every person convicted of violating this Section
10 or a similar provision of a local ordinance who had a child
11 under age 16 in the vehicle at the time of the offense shall
12 have his or her punishment under this Act enhanced by 2 days
13 of imprisonment for a first offense, 10 days of imprisonment
14 for a second offense, 30 days of imprisonment for a third
15 offense, and 90 days of imprisonment for a fourth or
16 subsequent offense, in addition to the fine and community
17 service required under subsection (c) and the possible
18 imprisonment required under subsection (d). The imprisonment
19 or assignment under this subsection shall not be subject to
20 suspension nor shall the person be eligible for probation in
21 order to reduce the sentence or assignment.
22 (d) (1) Every person convicted of committing a violation
23 of this Section shall be guilty of aggravated driving under
24 the influence of alcohol or drugs or a combination of both
25 if:
26 (A) the person committed a violation of this
27 Section, or a similar provision of a law of another state
28 or a local ordinance when the cause of action is the same
29 as or substantially similar to this Section, for the
30 third or subsequent time;
31 (B) the person committed a violation of paragraph
32 (a) while driving a school bus with children on board;
33 (C) the person in committing a violation of
34 paragraph (a) was involved in a motor vehicle accident
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1 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; or
4 (C-5) the person in committing a violation of
5 paragraph (a) or a similar provision of a local ordinance
6 had an alcohol concentration in his or her blood or
7 breath of 0.16 or greater; or
8 (D) the person committed a violation of paragraph
9 (a) for a second time and has been previously convicted
10 of violating Section 9-3 of the Criminal Code of 1961
11 relating to reckless homicide in which the person was
12 determined to have been under the influence of alcohol or
13 any other drug or drugs as an element of the offense or
14 the person has previously been convicted under
15 subparagraph (C) of this paragraph (1).
16 (2) Aggravated driving under the influence of alcohol or
17 drugs or a combination of both is a Class 4 felony for which
18 a person, if sentenced to a term of imprisonment, shall be
19 sentenced to not less than one year and not more than 3 years
20 for a violation of subparagraph (A), (B), (C-5), or (D) of
21 paragraph (1) of this subsection (d) and not less than one
22 year and not more than 12 years for a violation of
23 subparagraph (C) of paragraph (1) of this subsection (d). For
24 any prosecution under this subsection (d), a certified copy
25 of the driving abstract of the defendant shall be admitted as
26 proof of any prior conviction.
27 (e) After a finding of guilt and prior to any final
28 sentencing, or an order for supervision, for an offense based
29 upon an arrest for a violation of this Section or a similar
30 provision of a local ordinance, individuals shall be required
31 to undergo a professional evaluation to determine if an
32 alcohol or other drug abuse problem exists and the extent of
33 the problem. Programs conducting these evaluations shall be
34 licensed by the Department of Human Services. The cost of
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1 any professional evaluation shall be paid for by the
2 individual required to undergo the professional evaluation.
3 (f) Every person found guilty of violating this Section,
4 whose operation of a motor vehicle while in violation of this
5 Section proximately caused any incident resulting in an
6 appropriate emergency response, shall be liable for the
7 expense of an emergency response as provided under Section
8 5-5-3 of the Unified Code of Corrections.
9 (g) The Secretary of State shall revoke the driving
10 privileges of any person convicted under this Section or a
11 similar provision of a local ordinance.
12 (h) Every person sentenced under subsection (d) of this
13 Section and who receives a term of probation or conditional
14 discharge shall be required to serve a minimum term of either
15 30 days community service or, beginning July 1, 1993, 48
16 consecutive hours of imprisonment as a condition of the
17 probation or conditional discharge. This mandatory minimum
18 term of imprisonment or assignment of community service shall
19 not be suspended and shall not be subject to reduction by the
20 court.
21 (i) The Secretary of State shall establish a pilot
22 program to test the effectiveness of ignition interlock
23 device requirements upon individuals who have been arrested
24 for a second or subsequent offense of this Section. The
25 Secretary shall establish by rule and regulation the
26 population and procedures for use of the interlock system.
27 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
28 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
29 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; revised
30 10-24-97.)