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90_SB0113enr
625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
Amends the Illinois Vehicle Code to provide that for any
prosecution for violating aggravated driving under the
influence of alcohol or drugs provisions or driving while a
license, permit, or privilege to operate a vehicle is
suspended or revoked provisions, a certified copy of the
driving abstract of the defendant shall be admitted as proof
of any prior conviction. Effective immediately.
LRB9000786NTsb
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1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 2-123, 6-303, and 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 Sections 2-123, 6-303, and 11-501 as follows:
7 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
8 Sec. 2-123. Sale and Distribution of Information.
9 (a) Except as otherwise provided in this Section, the
10 Secretary may make the driver's license, vehicle and title
11 registration lists, in part or in whole, and any statistical
12 information derived from these lists available to local
13 governments, elected state officials, state educational
14 institutions, public libraries and all other governmental
15 units of the State and Federal Government requesting them for
16 governmental purposes. The Secretary shall require any such
17 applicant for services to pay for the costs of furnishing
18 such services and the use of the equipment involved, and in
19 addition is empowered to establish prices and charges for the
20 services so furnished and for the use of the electronic
21 equipment utilized.
22 (b) The Secretary is further empowered to and he may, in
23 his discretion, furnish to any applicant, other than listed
24 in subsection (a) of this Section, vehicle or driver data on
25 a computer tape, disk, or printout at a fixed fee of $200 in
26 advance and require in addition a further sufficient deposit
27 based upon the Secretary of State's estimate of the total
28 cost of the information requested and a charge of $20 per
29 1,000 units or part thereof identified or the actual cost,
30 whichever is greater. The Secretary is authorized to refund
31 any difference between the additional deposit and the actual
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1 cost of the request. This service shall not be in lieu of an
2 abstract of a driver's record nor of a title or registration
3 search. The information sold pursuant to this subsection
4 shall be the entire vehicle or driver data list, or part
5 thereof.
6 (c) Secretary of State may issue registration lists.
7 The Secretary of State shall compile and publish, at least
8 annually, a list of all registered vehicles. Each list of
9 registered vehicles shall be arranged serially according to
10 the registration numbers assigned to registered vehicles and
11 shall contain in addition the names and addresses of
12 registered owners and a brief description of each vehicle
13 including the serial or other identifying number thereof.
14 Such compilation may be in such form as in the discretion of
15 the Secretary of State may seem best for the purposes
16 intended.
17 (d) The Secretary of State shall furnish no more than 2
18 current available lists of such registrations to the sheriffs
19 of all counties and to the chiefs of police of all cities and
20 villages and towns of 2,000 population and over in this State
21 at no cost. Additional copies may be purchased at the fee of
22 $400 each or at the cost of producing the list as determined
23 by the Secretary of State.
24 (e) The Secretary of State shall upon written request
25 and the payment of the fee of $400 furnish the current
26 available list of such motor vehicle registrations to any
27 person so long as the supply of available registration lists
28 shall last.
29 (e-1) Commercial purchasers of driver and vehicle record
30 databases shall enter into a written agreement with the
31 Secretary of State that includes disclosure of the commercial
32 use of the intended purchase. Affected drivers, vehicle
33 owners, or registrants may request that their personally
34 identifiable information not be used for commercial
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1 solicitation purposes.
2 (f) Title or registration search and certification
3 thereof - Fee. The Secretary of State shall make a title or
4 registration search of the records of his office and a
5 written report on the same for any person, upon written
6 application of such person, accompanied by a fee of $4 for
7 each registration or title search. No fee shall be charged
8 for a title or registration search, or for the certification
9 thereof requested by a government agency.
10 The Secretary of State shall certify a title or
11 registration record upon written request. The fee for
12 certification shall be $4 in addition to the fee required for
13 a title or registration search. Certification shall be made
14 under the signature of the Secretary of State and shall be
15 authenticated by Seal of the Secretary of State.
16 The Secretary of State may notify the vehicle owner or
17 registrant of the request for purchase of his title or
18 registration information as the Secretary deems appropriate.
19 The vehicle owner or registrant residence address and
20 other personally identifiable information on the record shall
21 not be disclosed. This nondisclosure shall not apply to
22 requests made by law enforcement officials, government
23 agencies, financial institutions, attorneys, insurers,
24 employers, automobile associated businesses, other business
25 entities for purposes consistent with the Illinois Vehicle
26 Code, the vehicle owner or registrant, or other entities as
27 the Secretary may exempt by rule and regulation. This
28 information may be withheld from the entities listed above,
29 except law enforcement and government agencies upon
30 presentation of a valid court order of protection for the
31 duration of the order.
32 No information shall be released to the requestor until
33 expiration of a 10 day period. This 10 day period shall not
34 apply to requests for information made by law enforcement
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1 officials, government agencies, financial institutions,
2 attorneys, insurers, employers, automobile associated
3 businesses, persons licensed as a private detective or firms
4 licensed as a private detective agency under the Private
5 Detective, Private Alarm, and Private Security Act of 1983,
6 who are employed by or are acting on behalf of law
7 enforcement officials, government agencies, financial
8 institutions, attorneys, insurers, employers, automobile
9 associated businesses, and other business entities for
10 purposes consistent with the Illinois Vehicle Code, the
11 vehicle owner or registrant or other entities as the
12 Secretary may exempt by rule and regulation.
13 Any misrepresentation made by a requestor of title or
14 vehicle information shall be punishable as a petty offense,
15 except in the case of persons licensed as a private detective
16 or firms licensed as a private detective agency which shall
17 be subject to disciplinary sanctions under Section 22 or 25
18 of the Private Detective, Private Alarm, and Private Security
19 Act of 1983.
20 (g) 1. The Secretary of State may, upon receipt of a
21 written request and a fee of $5, furnish to the person or
22 agency so requesting a driver's record. Such document
23 may include a record of: current driver's license
24 issuance information, except that the information on
25 judicial driving permits shall be available only as
26 otherwise provided by this Code; convictions; orders
27 entered revoking, suspending or cancelling a driver's
28 license or privilege; and notations of accident
29 involvement. All other information, unless otherwise
30 permitted by this Code, shall remain confidential.
31 2. The Secretary of State may certify an abstract
32 of a driver's record upon written request therefor.
33 Such certification shall be made under the signature of
34 the Secretary of State and shall be authenticated by the
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1 Seal of his office.
2 3. All requests for driving record information
3 shall be made in a manner prescribed by the Secretary.
4 The Secretary of State may notify the affected
5 driver of the request for purchase of his driver's record
6 as the Secretary deems appropriate.
7 The affected driver residence address and other
8 personally identifiable information on the record shall
9 not be disclosed. This nondisclosure shall not apply to
10 requests made by law enforcement officials, government
11 agencies, financial institutions, attorneys, insurers,
12 employers, automobile associated businesses, other
13 business entities for purposes consistent with the
14 Illinois Vehicle Code, the affected driver, or other
15 entities as the Secretary may exempt by rule and
16 regulation. This information may be withheld from the
17 entities listed above, except law enforcement and
18 government agencies, upon presentation of a valid court
19 order of protection for the duration of the order.
20 No information shall be released to the requester
21 until expiration of a 10 day period. This 10 day period
22 shall not apply to requests for information made by law
23 enforcement officials, government agencies, financial
24 institutions, attorneys, insurers, employers, automobile
25 associated businesses, persons licensed as a private
26 detective or firms licensed as a private detective agency
27 under the Private Detective, Private Alarm, and Private
28 Security Act of 1983, who are employed by or are acting
29 on behalf of law enforcement officials, government
30 agencies, financial institutions, attorneys, insurers,
31 employers, automobile associated businesses, and other
32 business entities for purposes consistent with the
33 Illinois Vehicle Code, the affected driver or other
34 entities as the Secretary may exempt by rule and
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1 regulation.
2 Any misrepresentation made by a requestor of driver
3 information shall be punishable as a petty offense,
4 except in the case of persons licensed as a private
5 detective or firms licensed as a private detective agency
6 which shall be subject to disciplinary sanctions under
7 Section 22 or 25 of the Private Detective, Private Alarm,
8 and Private Security Act of 1983.
9 4. The Secretary of State may furnish without fee,
10 upon the written request of a law enforcement agency, any
11 information from a driver's record on file with the
12 Secretary of State when such information is required in
13 the enforcement of this Code or any other law relating to
14 the operation of motor vehicles, including records of
15 dispositions; documented information involving the use of
16 a motor vehicle; whether such individual has, or
17 previously had, a driver's license; and the address and
18 personal description as reflected on said driver's
19 record.
20 5. Except as otherwise provided in this Section,
21 the Secretary of State may furnish, without fee,
22 information from an individual driver's record on file,
23 if a written request therefor is submitted by any public
24 transit system or authority, public defender, law
25 enforcement agency, a state or federal agency, or an
26 Illinois local intergovernmental association, if the
27 request is for the purpose of a background check of
28 applicants for employment with the requesting agency, or
29 for the purpose of an official investigation conducted by
30 the agency, or to determine a current address for the
31 driver so public funds can be recovered or paid to the
32 driver, or for any other lawful purpose.
33 The Secretary may also furnish the courts a copy of
34 an abstract of a driver's record, without fee, subsequent
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1 to an arrest for a violation of Section 11-501 or a
2 similar provision of a local ordinance. Such abstract
3 may include records of dispositions; documented
4 information involving the use of a motor vehicle as
5 contained in the current file; whether such individual
6 has, or previously had, a driver's license; and the
7 address and personal description as reflected on said
8 driver's record.
9 6. Any certified abstract issued by the Secretary
10 of State or transmitted electronically by the Secretary
11 of State pursuant to this Section, to a court or on
12 request of a law enforcement agency, for the record of a
13 named person as to the status of the person's driver's
14 license shall be prima facie evidence of the facts
15 therein stated and if the name appearing in such abstract
16 is the same as that of a person named in an information
17 or warrant, such abstract shall be prima facie evidence
18 that the person named in such information or warrant is
19 the same person as the person named in such abstract and
20 shall be admissible for any prosecution under this Code
21 and be admitted as proof of any prior conviction or proof
22 of records, notices, or orders recorded on individual
23 driving records maintained by the Secretary of State.
24 7. Subject to any restrictions contained in the
25 Juvenile Court Act of 1987, and upon receipt of a proper
26 request and a fee of $5, the Secretary of State shall
27 provide a driver's record to the affected driver, or the
28 affected driver's attorney, upon verification. Such
29 record shall contain all the information referred to in
30 paragraph 1 of this subsection (g) plus: any recorded
31 accident involvement as a driver; information recorded
32 pursuant to subsection (e) of Section 6-117 and paragraph
33 4 of subsection (a) of Section 6-204 of this Code. All
34 other information, unless otherwise permitted by this
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1 Code, shall remain confidential.
2 (h) The Secretary shall not disclose social security
3 numbers except pursuant to a written request by, or with the
4 prior written consent of, the individual except to: (1)
5 officers and employees of the Secretary who have a need to
6 know the social security numbers in performance of their
7 official duties, (2) law enforcement officials for a lawful,
8 civil or criminal law enforcement investigation, and if the
9 head of the law enforcement agency has made a written request
10 to the Secretary specifying the law enforcement investigation
11 for which the social security numbers are being sought, (3)
12 the United States Department of Transportation, or any other
13 State, pursuant to the administration and enforcement of the
14 Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to
15 the order of a court of competent jurisdiction, or (5) the
16 Department of Public Aid for utilization in the child support
17 enforcement duties assigned to that Department under
18 provisions of the Public Aid Code after the individual has
19 received advanced meaningful notification of what
20 redisclosure is sought by the Secretary in accordance with
21 the federal Privacy Act; provided, the redisclosure shall not
22 be authorized by the Secretary prior to September 30, 1992.
23 (i) The Secretary of State is empowered to promulgate
24 rules and regulations to effectuate this Section.
25 (j) Medical statements or medical reports received in
26 the Secretary of State's Office shall be confidential. No
27 confidential information may be open to public inspection or
28 the contents disclosed to anyone, except officers and
29 employees of the Secretary who have a need to know the
30 information contained in the medical reports and the Driver
31 License Medical Advisory Board, unless so directed by an
32 order of a court of competent jurisdiction.
33 (k) All fees collected under this Section shall be paid
34 into the Road Fund of the State Treasury, except that $3 of
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1 the $5 fee for a driver's record shall be paid into the
2 Secretary of State Special Services Fund.
3 (l) The Secretary of State shall report his
4 recommendations to the General Assembly by January 1, 1993,
5 regarding the sale and dissemination of the information
6 maintained by the Secretary, including the sale of lists of
7 driver and vehicle records.
8 (Source: P.A. 88-208; 88-363; 88-670, eff. 12-2-94; 89-503,
9 eff. 7-1-96.)
10 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
11 Sec. 6-303. Driving while driver's license, permit or
12 privilege to operate a motor vehicle is suspended or revoked.
13 (a) Any person who drives or is in actual physical
14 control of a motor vehicle on any highway of this State at a
15 time when such person's driver's license, permit or privilege
16 to do so or the privilege to obtain a driver's license or
17 permit is revoked or suspended as provided by this Code or
18 the law of another state, except as may be specifically
19 allowed by a judicial driving permit, family financial
20 responsibility driving permit, probationary license to drive,
21 or a restricted driving permit issued pursuant to this Code
22 or under the law of another state, shall be guilty of a Class
23 A misdemeanor.
24 (b) The Secretary of State upon receiving a report of
25 the conviction of any violation indicating a person was
26 operating a motor vehicle during the time when said person's
27 driver's license, permit or privilege was suspended by the
28 Secretary, by the appropriate authority of another state, or
29 pursuant to Section 11-501.1; except as may be specifically
30 allowed by a probationary license to drive, judicial driving
31 permit or restricted driving permit issued pursuant to this
32 Code or the law of another state; shall extend the suspension
33 for the same period of time as the originally imposed
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1 suspension; however, if the period of suspension has then
2 expired, the Secretary shall be authorized to suspend said
3 person's driving privileges for the same period of time as
4 the originally imposed suspension; and if the conviction was
5 upon a charge which indicated that a vehicle was operated
6 during the time when the person's driver's license, permit or
7 privilege was revoked; except as may be allowed by a
8 restricted driving permit issued pursuant to this Code or the
9 law of another state; the Secretary shall not issue a
10 driver's license for an additional period of one year from
11 the date of such conviction indicating such person was
12 operating a vehicle during such period of revocation.
13 (c) Any person convicted of violating this Section shall
14 serve a minimum term of imprisonment of 7 consecutive days or
15 30 days of community service when the person's driving
16 privilege was revoked or suspended as a result of:
17 (1) a violation of Section 11-501 of this Code or a
18 similar provision of a local ordinance relating to the
19 offense of operating or being in physical control of a
20 vehicle while under the influence of alcohol, any other
21 drug or any combination thereof; or
22 (2) a violation of paragraph (b) of Section 11-401
23 of this Code or a similar provision of a local ordinance
24 relating to the offense of leaving the scene of a motor
25 vehicle accident involving personal injury or death; or
26 (3) a violation of Section 9-3 of the Criminal Code
27 of 1961, as amended, relating to the offense of reckless
28 homicide; or
29 (4) a statutory summary suspension under Section
30 11-501.1 of this Code.
31 Such sentence of imprisonment or community service shall
32 not be subject to suspension in order to reduce such
33 sentence.
34 (d) Any person convicted of a second or subsequent
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1 violation of this Section shall be guilty of a Class 4 felony
2 if the original revocation or suspension was for a violation
3 of Section 11-401 or 11-501 of this Code, or a similar
4 out-of-state offense, or a similar provision of a local
5 ordinance, a violation of Section 9-3 of the Criminal Code of
6 1961, relating to the offense of reckless homicide, or a
7 similar out-of-state offense, or a statutory summary
8 suspension under Section 11-501.1 of this Code. For any
9 prosecution under this Section, a certified copy of the
10 driving abstract of the defendant shall be admitted as proof
11 of any prior conviction.
12 (e) Any person in violation of this Section who is also
13 in violation of Section 7-601 of this Code relating to
14 mandatory insurance requirements, in addition to other
15 penalties imposed under this Section, shall have his or her
16 motor vehicle immediately impounded by the arresting law
17 enforcement officer. The motor vehicle may be released to
18 any licensed driver upon a showing of proof of insurance for
19 the vehicle that was impounded and the notarized written
20 consent for the release by the vehicle owner.
21 (Source: P.A. 88-383; 88-680, eff. 1-1-95; 89-8, eff.
22 3-21-95; 89-92, eff. 7-1-96; 89-159, eff. 1-1-96; 89-626,
23 eff. 8-9-96.)
24 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
25 (Text of Section before amendment by P.A. 89-507)
26 Sec. 11-501. Driving while under the influence of
27 alcohol, other drug, or combination of both.
28 (a) A person shall not drive or be in actual physical
29 control of any vehicle within this State while:
30 (1) the alcohol concentration in the person's blood
31 or breath is 0.10 or more based on the definition of
32 blood and breath units in Section 11-501.2;
33 (2) under the influence of alcohol;
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1 (3) 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 (4) under the combined influence of alcohol and any
5 other drug or drugs to a degree that renders the person
6 incapable of safely driving; or
7 (5) there is any amount of a drug, substance, or
8 compound in the person's blood or urine resulting from
9 the unlawful use or consumption of cannabis listed in the
10 Cannabis Control Act, or a controlled substance listed in
11 the Illinois Controlled Substances Act.
12 (b) The fact that any person charged with violating this
13 Section is or has been legally entitled to use alcohol, or
14 other drugs, or any combination of both, shall not
15 constitute a defense against any charge of violating this
16 Section.
17 (c) Except as provided under paragraphs (c-3) and (d) of
18 this Section, every person convicted of violating this
19 Section or a similar provision of a local ordinance, shall be
20 guilty of a Class A misdemeanor and, in addition to any other
21 criminal or administrative action, for any second conviction
22 of violating this Section or a similar provision of a law of
23 another state or local ordinance committed within 5 years of
24 a previous violation of this Section or a similar provision
25 of a local ordinance shall be mandatorily sentenced to a
26 minimum of 48 consecutive hours of imprisonment or assigned
27 to a minimum of 100 hours of community service as may be
28 determined by the court. Every person convicted of violating
29 this Section or a similar provision of a local ordinance
30 shall be subject to a mandatory minimum fine of $500 and a
31 mandatory 5 days of community service in a program benefiting
32 children if the person committed a violation of paragraph (a)
33 or a similar provision of a local ordinance while
34 transporting a person under age 16. Every person convicted a
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1 second time for violating this Section or a similar provision
2 of a local ordinance within 5 years of a previous violation
3 of this Section or a similar provision of a law of another
4 state or local ordinance shall be subject to a mandatory
5 minimum fine of $500 and 10 days of mandatory community
6 service in a program benefiting children if the current
7 offense was committed while transporting a person under age
8 16. The imprisonment or assignment under this subsection
9 shall not be subject to suspension nor shall the person be
10 eligible for probation in order to reduce the sentence or
11 assignment.
12 (c-1) A person who violates this Section during a period
13 in which his or her driving privileges are revoked or
14 suspended, where the revocation or suspension was for a
15 violation of this Section or Section 11-501.1 shall, unless
16 sentenced to a term of imprisonment in the penitentiary, in
17 addition to any other criminal or administrative action, be
18 sentenced to a minimum term of 30 consecutive days of
19 imprisonment, 40 days of 24 hour periodic imprisonment or 720
20 hours of community service, as may be determined by the
21 court. This mandatory minimum term of imprisonment or
22 assignment of community service shall not be suspended and
23 shall not be subject to reduction by the court.
24 (c-2) (Blank).
25 (c-3) Every person convicted of violating this Section
26 or a similar provision of a local ordinance who had a child
27 under age 16 in the vehicle at the time of the offense shall
28 have his or her punishment under this Act enhanced by 2 days
29 of imprisonment for a first offense, 10 days of imprisonment
30 for a second offense, 30 days of imprisonment for a third
31 offense, and 90 days of imprisonment for a fourth or
32 subsequent offense, in addition to the fine and community
33 service required under subsection (c) and the possible
34 imprisonment required under subsection (d). The imprisonment
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1 or assignment under this subsection shall not be subject to
2 suspension nor shall the person be eligible for probation in
3 order to reduce the sentence or assignment.
4 (d) (1) Every person convicted of committing a violation
5 of this Section shall be guilty of aggravated driving under
6 the influence of alcohol or drugs or a combination of both
7 if:
8 (A) the person committed a violation of this
9 Section, or a similar provision of a law of another state
10 or a local ordinance when the cause of action is the same
11 as or substantially similar to this Section, for the
12 third or subsequent time;
13 (B) the person committed a violation of paragraph
14 (a) while driving a school bus with children on board;
15 (C) the person in committing a violation of
16 paragraph (a) was involved in a motor vehicle accident
17 that resulted in great bodily harm or permanent
18 disability or disfigurement to another, when the
19 violation was a proximate cause of the injuries; or
20 (D) the person committed a violation of paragraph
21 (a) for a second time and has been previously convicted
22 of violating Section 9-3 of the Criminal Code of 1961
23 relating to reckless homicide in which the person was
24 determined to have been under the influence of alcohol or
25 any other drug or drugs as an element of the offense or
26 the person has previously been convicted under
27 subparagraph (C) of this paragraph (1).
28 (2) Aggravated driving under the influence of alcohol or
29 drugs or a combination of both is a Class 4 felony for which
30 a person, if sentenced to a term of imprisonment, shall be
31 sentenced to not less than one year and not more than 3 years
32 for a violation of subparagraph (A), (B) or (D) of paragraph
33 (1) of this subsection (d) and not less than one year and not
34 more than 12 years for a violation of subparagraph (C) of
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1 paragraph (1) of this subsection (d). For any prosecution
2 under this subsection (d), a certified copy of the driving
3 abstract of the defendant shall be admitted as proof of any
4 prior conviction.
5 (e) After a finding of guilt and prior to any final
6 sentencing, or an order for supervision, for an offense based
7 upon an arrest for a violation of this Section or a similar
8 provision of a local ordinance, individuals shall be required
9 to undergo a professional evaluation to determine if an
10 alcohol or other drug abuse problem exists and the extent of
11 the problem. Programs conducting these evaluations shall be
12 licensed by the Department of Alcoholism and Substance Abuse.
13 The cost of any professional evaluation shall be paid for by
14 the individual required to undergo the professional
15 evaluation.
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
20 expense of an emergency response as provided under Section
21 5-5-3 of the 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) Every person sentenced under subsection (d) of this
26 Section and who receives a term of probation or conditional
27 discharge shall be required to serve a minimum term of either
28 30 days community service or, beginning July 1, 1993, 48
29 consecutive hours of imprisonment as a condition of the
30 probation or conditional discharge. This mandatory minimum
31 term of imprisonment or assignment of community service shall
32 not be suspended and shall not be subject to reduction by the
33 court.
34 (i) The Secretary of State shall establish a pilot
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1 program to test the effectiveness of ignition interlock
2 device requirements upon individuals who have been arrested
3 for a second or subsequent offense of this Section. The
4 Secretary shall establish by rule and regulation the
5 population and procedures for use of the interlock system.
6 (Source: P.A. 88-45; 88-238; 88-433; 88-670, eff. 12-2-94;
7 88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
8 89-203, eff. 7-21-95; 89-626, eff. 8-9-96.)
9 (Text of Section after amendment by P.A. 89-507)
10 Sec. 11-501. Driving while under the influence of
11 alcohol, other drug, or combination of both.
12 (a) A person shall not drive or be in actual physical
13 control of any vehicle within this State while:
14 (1) the alcohol concentration in the person's blood
15 or breath is 0.10 or more based on the definition of
16 blood and breath units in Section 11-501.2;
17 (2) under the influence of alcohol;
18 (3) under the influence of any other drug or
19 combination of drugs to a degree that renders the person
20 incapable of safely driving;
21 (4) under the combined influence of alcohol and any
22 other drug or drugs to a degree that renders the person
23 incapable of safely driving; or
24 (5) there is any amount of a drug, substance, or
25 compound in the person's blood or urine resulting from
26 the unlawful use or consumption of cannabis listed in the
27 Cannabis Control Act, or a controlled substance listed in
28 the Illinois Controlled Substances Act.
29 (b) The fact that any person charged with violating this
30 Section is or has been legally entitled to use alcohol, or
31 other drugs, or any combination of both, shall not
32 constitute a defense against any charge of violating this
33 Section.
34 (c) Except as provided under paragraphs (c-3) and (d) of
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1 this Section, every person convicted of violating this
2 Section or a similar provision of a local ordinance, shall be
3 guilty of a Class A misdemeanor and, in addition to any other
4 criminal or administrative action, for any second conviction
5 of violating this Section or a similar provision of a law of
6 another state or local ordinance committed within 5 years of
7 a previous violation of this Section or a similar provision
8 of a local ordinance shall be mandatorily sentenced to a
9 minimum of 48 consecutive hours of imprisonment or assigned
10 to a minimum of 100 hours of community service as may be
11 determined by the court. Every person convicted of violating
12 this Section or a similar provision of a local ordinance
13 shall be subject to a mandatory minimum fine of $500 and a
14 mandatory 5 days of community service in a program benefiting
15 children if the person committed a violation of paragraph (a)
16 or a similar provision of a local ordinance while
17 transporting a person under age 16. Every person convicted a
18 second time for violating this Section or a similar provision
19 of a local ordinance within 5 years of a previous violation
20 of this Section or a similar provision of a law of another
21 state or local ordinance shall be subject to a mandatory
22 minimum fine of $500 and 10 days of mandatory community
23 service in a program benefiting children if the current
24 offense was committed while transporting a person under age
25 16. The imprisonment or assignment under this subsection
26 shall not be subject to suspension nor shall the person be
27 eligible for probation in order to reduce the sentence or
28 assignment.
29 (c-1) A person who violates this Section during a period
30 in which his or her driving privileges are revoked or
31 suspended, where the revocation or suspension was for a
32 violation of this Section or Section 11-501.1 shall, unless
33 sentenced to a term of imprisonment in the penitentiary, in
34 addition to any other criminal or administrative action, be
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1 sentenced to a minimum term of 30 consecutive days of
2 imprisonment, 40 days of 24 hour periodic imprisonment or 720
3 hours of community service, as may be determined by the
4 court. This mandatory minimum term of imprisonment or
5 assignment of community service shall not be suspended and
6 shall not be subject to reduction by the court.
7 (c-2) (Blank).
8 (c-3) Every person convicted of violating this Section
9 or a similar provision of a local ordinance who had a child
10 under age 16 in the vehicle at the time of the offense shall
11 have his or her punishment under this Act enhanced by 2 days
12 of imprisonment for a first offense, 10 days of imprisonment
13 for a second offense, 30 days of imprisonment for a third
14 offense, and 90 days of imprisonment for a fourth or
15 subsequent offense, in addition to the fine and community
16 service required under subsection (c) and the possible
17 imprisonment required under subsection (d). The imprisonment
18 or assignment under this subsection shall not be subject to
19 suspension nor shall the person be eligible for probation in
20 order to reduce the sentence or assignment.
21 (d) (1) Every person convicted of committing a violation
22 of this Section shall be guilty of aggravated driving under
23 the influence of alcohol or drugs or a combination of both
24 if:
25 (A) the person committed a violation of this
26 Section, or a similar provision of a law of another state
27 or a local ordinance when the cause of action is the same
28 as or substantially similar to this Section, for the
29 third or subsequent time;
30 (B) the person committed a violation of paragraph
31 (a) while driving a school bus with children on board;
32 (C) the person in committing a violation of
33 paragraph (a) was involved in a motor vehicle accident
34 that resulted in great bodily harm or permanent
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1 disability or disfigurement to another, when the
2 violation was a proximate cause of the injuries; or
3 (D) the person committed a violation of paragraph
4 (a) for a second time and has been previously convicted
5 of violating Section 9-3 of the Criminal Code of 1961
6 relating to reckless homicide in which the person was
7 determined to have been under the influence of alcohol or
8 any other drug or drugs as an element of the offense or
9 the person has previously been convicted under
10 subparagraph (C) of this paragraph (1).
11 (2) Aggravated driving under the influence of alcohol or
12 drugs or a combination of both is a Class 4 felony for which
13 a person, if sentenced to a term of imprisonment, shall be
14 sentenced to not less than one year and not more than 3 years
15 for a violation of subparagraph (A), (B) or (D) of paragraph
16 (1) of this subsection (d) and not less than one year and not
17 more than 12 years for a violation of subparagraph (C) of
18 paragraph (1) of this subsection (d). For any prosecution
19 under this subsection (d), a certified copy of the driving
20 abstract of the defendant shall be admitted as proof of any
21 prior conviction.
22 (e) After a finding of guilt and prior to any final
23 sentencing, or an order for supervision, for an offense based
24 upon an arrest for a violation of this Section or a similar
25 provision of a local ordinance, individuals shall be required
26 to undergo a professional evaluation to determine if an
27 alcohol or other drug abuse problem exists and the extent of
28 the problem. Programs conducting these evaluations shall be
29 licensed by the Department of Human Services. The cost of
30 any professional evaluation shall be paid for by the
31 individual required to undergo the professional evaluation.
32 (f) Every person found guilty of violating this Section,
33 whose operation of a motor vehicle while in violation of this
34 Section proximately caused any incident resulting in an
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1 appropriate emergency response, shall be liable for the
2 expense of an emergency response as provided under Section
3 5-5-3 of the Unified Code of Corrections.
4 (g) The Secretary of State shall revoke the driving
5 privileges of any person convicted under this Section or a
6 similar provision of a local ordinance.
7 (h) Every person sentenced under subsection (d) of this
8 Section and who receives a term of probation or conditional
9 discharge shall be required to serve a minimum term of either
10 30 days community service or, beginning July 1, 1993, 48
11 consecutive hours of imprisonment as a condition of the
12 probation or conditional discharge. This mandatory minimum
13 term of imprisonment or assignment of community service shall
14 not be suspended and shall not be subject to reduction by the
15 court.
16 (i) The Secretary of State shall establish a pilot
17 program to test the effectiveness of ignition interlock
18 device requirements upon individuals who have been arrested
19 for a second or subsequent offense of this Section. The
20 Secretary shall establish by rule and regulation the
21 population and procedures for use of the interlock system.
22 (Source: P.A. 88-45; 88-238; 88-433; 88-670, eff. 12-2-94;
23 88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
24 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
25 8-9-96.)
26 Section 95. No acceleration or delay. Where this Act
27 makes changes in a statute that is represented in this Act by
28 text that is not yet or no longer in effect (for example, a
29 Section represented by multiple versions), the use of that
30 text does not accelerate or delay the taking effect of (i)
31 the changes made by this Act or (ii) provisions derived from
32 any other Public Act.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.