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91_HB4018
LRB9111889WHmb
1 AN ACT to amend certain Acts in relation to ignition
2 interlock devices.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Finance Act is amended by adding
6 Sections 5.541 and 5.542 as follows:
7 (30 ILCS 105/5.541 new)
8 Sec. 5.541. The Breath Alcohol Ignition Interlock Device
9 Program Administration Fund.
10 (30 ILCS 105/5.542 new)
11 Sec. 5.542. The Breath Alcohol Ignition Interlock Device
12 Program Indigent Participant Fund.
13 Section 10. The Illinois Vehicle Code is amended by
14 changing Sections 6-205, 6-206.1, and 11-501 as follows:
15 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
16 Sec. 6-205. Mandatory revocation of license or permit;
17 Hardship cases.
18 (a) Except as provided in this Section, the Secretary of
19 State shall immediately revoke the license or permit of any
20 driver upon receiving a report of the driver's conviction of
21 any of the following offenses:
22 1. Reckless homicide resulting from the operation
23 of a motor vehicle;
24 2. Violation of Section 11-501 of this Code or a
25 similar provision of a local ordinance relating to the
26 offense of operating or being in physical control of a
27 vehicle while under the influence of alcohol, other drug
28 or drugs, intoxicating compound or compounds, or any
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1 combination thereof;
2 3. Any felony under the laws of any State or the
3 federal government in the commission of which a motor
4 vehicle was used;
5 4. Violation of Section 11-401 of this Code
6 relating to the offense of leaving the scene of a traffic
7 accident involving death or personal injury;
8 5. Perjury or the making of a false affidavit or
9 statement under oath to the Secretary of State under this
10 Code or under any other law relating to the ownership or
11 operation of motor vehicles;
12 6. Conviction upon 3 charges of violation of
13 Section 11-503 of this Code relating to the offense of
14 reckless driving committed within a period of 12 months;
15 7. Conviction of the offense of automobile theft as
16 defined in Section 4-102 of this Code;
17 8. Violation of Section 11-504 of this Code
18 relating to the offense of drag racing;
19 9. Violation of Chapters 8 and 9 of this Code;
20 10. Violation of Section 12-5 of the Criminal Code
21 of 1961 arising from the use of a motor vehicle;
22 11. Violation of Section 11-204.1 of this Code
23 relating to aggravated fleeing or attempting to elude a
24 police officer;
25 12. Violation of paragraph (1) of subsection (b) of
26 Section 6-507, or a similar law of any other state,
27 relating to the unlawful operation of a commercial motor
28 vehicle;
29 13. Violation of paragraph (a) of Section 11-502 of
30 this Code or a similar provision of a local ordinance if
31 the driver has been previously convicted of a violation
32 of that Section or a similar provision of a local
33 ordinance and the driver was less than 21 years of age at
34 the time of the offense.
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1 (b) The Secretary of State shall also immediately revoke
2 the license or permit of any driver in the following
3 situations:
4 1. Of any minor upon receiving the notice provided
5 for in Section 5-901 of the Juvenile Court Act of 1987
6 that the minor has been adjudicated under that Act as
7 having committed an offense relating to motor vehicles
8 prescribed in Section 4-103 of this Code;
9 2. Of any person when any other law of this State
10 requires either the revocation or suspension of a license
11 or permit.
12 (c) Whenever a person is convicted of any of the
13 offenses enumerated in this Section, the court may recommend
14 and the Secretary of State in his discretion, without regard
15 to whether the recommendation is made by the court, may, upon
16 application, issue to the person a restricted driving permit
17 granting the privilege of driving a motor vehicle between the
18 petitioner's residence and petitioner's place of employment
19 or within the scope of the petitioner's employment related
20 duties, or to allow transportation for the petitioner or a
21 household member of the petitioner's family for the receipt
22 of necessary medical care or, if the professional evaluation
23 indicates, provide transportation for the petitioner for
24 alcohol remedial or rehabilitative activity, or for the
25 petitioner to attend classes, as a student, in an accredited
26 educational institution; if the petitioner is able to
27 demonstrate that no alternative means of transportation is
28 reasonably available and the petitioner will not endanger the
29 public safety or welfare; provided that the Secretary's
30 discretion shall be limited to cases where undue hardship
31 would result from a failure to issue the restricted driving
32 permit. In each case the Secretary of State may issue a
33 restricted driving permit for a period he deems appropriate,
34 except that the permit shall expire within one year from the
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1 date of issuance. A restricted driving permit issued under
2 this Section shall be subject to cancellation, revocation,
3 and suspension by the Secretary of State in like manner and
4 for like cause as a driver's license issued under this Code
5 may be cancelled, revoked, or suspended; except that a
6 conviction upon one or more offenses against laws or
7 ordinances regulating the movement of traffic shall be deemed
8 sufficient cause for the revocation, suspension, or
9 cancellation of a restricted driving permit. The Secretary of
10 State may, as a condition to the issuance of a restricted
11 driving permit, require the applicant to participate in a
12 designated driver remedial or rehabilitative program. The
13 Secretary of State is authorized to cancel a restricted
14 driving permit if the permit holder does not successfully
15 complete the program. However, if an individual's driving
16 privileges have been revoked in accordance with paragraph 13
17 of subsection (a) of this Section, no restricted driving
18 permit shall be issued until the individual has served 6
19 months of the revocation period.
20 (d) Whenever a person under the age of 21 is convicted
21 under Section 11-501 of this Code or a similar provision of a
22 local ordinance, the Secretary of State shall revoke the
23 driving privileges of that person. One year after the date
24 of revocation, and upon application, the Secretary of State
25 may, if satisfied that the person applying will not endanger
26 the public safety or welfare, issue a restricted driving
27 permit granting the privilege of driving a motor vehicle only
28 between the hours of 5 a.m. and 9 p.m. or as otherwise
29 provided by this Section for a period of one year. After
30 this one year period, and upon reapplication for a license as
31 provided in Section 6-106, upon payment of the appropriate
32 reinstatement fee provided under paragraph (b) of Section
33 6-118, the Secretary of State, in his discretion, may issue
34 the applicant a license, or extend the restricted driving
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1 permit as many times as the Secretary of State deems
2 appropriate, by additional periods of not more than 12 months
3 each, until the applicant attains 21 years of age. A
4 restricted driving permit issued under this Section shall be
5 subject to cancellation, revocation, and suspension by the
6 Secretary of State in like manner and for like cause as a
7 driver's license issued under this Code may be cancelled,
8 revoked, or suspended; except that a conviction upon one or
9 more offenses against laws or ordinances regulating the
10 movement of traffic shall be deemed sufficient cause for the
11 revocation, suspension, or cancellation of a restricted
12 driving permit. Any person under 21 years of age who has a
13 driver's license revoked for a second or subsequent
14 conviction for driving under the influence, prior to the age
15 of 21, shall not be eligible to submit an application for a
16 full reinstatement of driving privileges or a restricted
17 driving permit until age 21 or one additional year from the
18 date of the latest such revocation, whichever is the longer.
19 The revocation periods contained in this subparagraph shall
20 apply to similar out-of-state convictions.
21 (e) This Section is subject to the provisions of the
22 Driver License Compact.
23 (f) Any revocation imposed upon any person under
24 subsections 2 and 3 of paragraph (b) that is in effect on
25 December 31, 1988 shall be converted to a suspension for a
26 like period of time.
27 (g) The Secretary of State shall not issue a restricted
28 driving permit to a person under the age of 16 years whose
29 driving privileges have been revoked under any provisions of
30 this Code.
31 (h) The Secretary of State shall may use ignition
32 interlock device requirements when granting driving relief to
33 individuals who have been arrested for a second or subsequent
34 offense under Section 11-501 of this Code or a similar
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1 provision of a local ordinance. The Secretary shall
2 establish by rule a Breath Alcohol Ignition Interlock Device
3 Program, which shall include, but shall not be limited to,
4 procedures and standards for the operation of the program and
5 regulation the procedures for use of the interlock system.
6 The monthly fee charged to individuals who have an
7 ignition interlock device installed under this subsection
8 (h) shall include an additional $30 monthly fee per vehicle.
9 The individual shall pay the additional $30 monthly fee,
10 along with the standard monthly fee for the use of the device
11 in his or her vehicle, to the ignition interlock device
12 vendor. The vendor shall remit the additional $30 monthly
13 fee to the Secretary of State. Of the additional $30 monthly
14 fee, $10 shall be deposited into the Breath Alcohol Ignition
15 Interlock Device Program Administration Fund, a special fund
16 that is created in the State treasury, and $20 shall be
17 deposited into the Breath Alcohol Ignition Interlock Device
18 Program Indigent Participant Fund, a special fund that is
19 created in the State treasury. Moneys in the Breath Alcohol
20 Ignition Interlock Device Program Administration Fund shall
21 be used, subject to appropriation, to administer the Breath
22 Alcohol Ignition Interlock Device Program established under
23 this subsection (h). Moneys in the Breath Alcohol Ignition
24 Interlock Device Program Indigent Participant Fund shall be
25 used, subject to appropriation, to purchase ignition
26 interlock devices for offenders found by the court to be
27 indigent.
28 The Secretary of State shall send an individual who is
29 required to have an ignition interlock device installed
30 under this subsection (h) a notice instructing the individual
31 to report to a specified location at a specified time for
32 installation of the device.
33 Regardless of the duration of a suspension, an ignition
34 interlock device installed under this subsection (h) shall
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1 remain on an individual's vehicle for 2 years, unless
2 otherwise provided in this Code. If an individual to whom
3 the ignition interlock device requirements of this
4 subsection (h) apply sells or otherwise transfers his or her
5 interest in a vehicle within the 2-year period, the device
6 may be removed upon completion of the sale or transfer. If
7 an individual to whom the ignition interlock device
8 requirements of this subsection (h) apply purchases or
9 otherwise obtains an ownership interest in a vehicle within
10 the 2-year period, the device shall be installed on the
11 vehicle for the remainder of the 2-year period.
12 If an individual is arrested for a second or subsequent
13 offense under Section 11-501 of this Code or a similar
14 provision of a local ordinance and does not seek a restricted
15 driving permit, the Secretary of State shall nevertheless
16 require that each vehicle owned or jointly owned by the
17 individual be equipped with an ignition interlock device
18 for a 2-year period.
19 The Secretary of State may allow an individual who is not
20 self-employed and to whom the ignition interlock device
21 requirements of this subsection (h) apply to operate a
22 vehicle owned by the individual's employer that is not
23 equipped with an ignition interlock device in the course
24 and scope of the individual's employment.
25 Compliance with the ignition interlock device
26 requirements of this subsection (h) shall be mandatory, and
27 the Secretary of State shall not conduct administrative
28 hearings to determine who shall participate in the program
29 established by this subsection (h).
30 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99;
31 90-611, eff. 1-1-99; 90-779, eff. 1-1-99; 91-357, eff.
32 7-29-99.)
33 (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
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1 Sec. 6-206.1. Judicial Driving Permit. Declaration of
2 Policy. It is hereby declared a policy of the State of
3 Illinois that the driver who is impaired by alcohol, other
4 drug or drugs, or intoxicating compound or compounds is a
5 threat to the public safety and welfare. Therefore, to
6 provide a deterrent to such practice and to remove problem
7 drivers from the highway, a statutory summary driver's
8 license suspension is appropriate. It is also recognized that
9 driving is a privilege and therefore, that in some cases the
10 granting of limited driving privileges, where consistent with
11 public safety, is warranted during the period of suspension
12 in the form of a judicial driving permit to drive for the
13 purpose of employment, receiving drug treatment or medical
14 care, and educational pursuits, where no alternative means of
15 transportation is available.
16 The following procedures shall apply whenever a first
17 offender is arrested for any offense as defined in Section
18 11-501 or a similar provision of a local ordinance:
19 (a) Subsequent to a notification of a statutory summary
20 suspension of driving privileges as provided in Section
21 11-501.1, the first offender as defined in Section 11-500 may
22 petition the circuit court of venue for a Judicial Driving
23 Permit, hereinafter referred as a JDP, to relieve undue
24 hardship. The court may issue a court order, pursuant to
25 the criteria contained in this Section, directing the
26 Secretary of State to issue such a JDP to the petitioner. A
27 JDP shall not become effective prior to the 31st day of the
28 original statutory summary suspension and shall always be
29 subject to the following criteria:
30 1. If ordered for the purposes of employment, the
31 JDP shall be only for the purpose of providing the
32 petitioner the privilege of driving a motor vehicle
33 between the petitioner's residence and the petitioner's
34 place of employment and return; or within the scope of
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1 the petitioner's employment related duties, shall be
2 effective only during and limited to those specific times
3 and routes actually required to commute or perform the
4 petitioner's employment related duties.
5 2. The court, by a court order, may also direct the
6 Secretary of State to issue a JDP to allow transportation
7 for the petitioner, or a household member of the
8 petitioner's family, to receive alcohol, drug, or
9 intoxicating compound treatment or medical care, if the
10 petitioner is able to demonstrate that no alternative
11 means of transportation is reasonably available. Such JDP
12 shall be effective only during the specific times
13 actually required to commute.
14 3. The court, by a court order, may also direct the
15 Secretary of State to issue a JDP to allow transportation
16 by the petitioner for educational purposes upon
17 demonstrating that there are no alternative means of
18 transportation reasonably available to accomplish those
19 educational purposes. Such JDP shall be only for the
20 purpose of providing transportation to and from the
21 petitioner's residence and the petitioner's place of
22 educational activity, and only during the specific times
23 and routes actually required to commute or perform the
24 petitioner's educational requirement.
25 4. The Court shall not issue an order granting a
26 JDP to:
27 (i) Any person unless and until the court,
28 after considering the results of a current
29 professional evaluation of the person's alcohol or
30 other drug use by an agency pursuant to Section
31 15-10 of the Alcoholism and Other Drug Abuse and
32 Dependency Act and other appropriate investigation
33 of the person, is satisfied that granting the
34 privilege of driving a motor vehicle on the highways
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1 will not endanger the public safety or welfare.
2 (ii) Any person who has been convicted of
3 reckless homicide within the previous 5 years.
4 (iii) Any person whose privilege to operate a
5 motor vehicle was invalid at the time of arrest for
6 the current violation of Section 11-501, or a
7 similar provision of a local ordinance, except in
8 cases where the cause for a driver's license
9 suspension has been removed at the time a JDP is
10 effective. In any case, should the Secretary of
11 State enter a suspension or revocation of driving
12 privileges pursuant to the provisions of this Code
13 while the JDP is in effect or pending, the Secretary
14 shall take the prescribed action and provide a
15 notice to the person and the court ordering the
16 issuance of the JDP that all driving privileges,
17 including those provided by the issuance of the JDP,
18 have been withdrawn.
19 (iv) Any person under the age of 18 years.
20 (b) Prior to ordering the issuance of a JDP the Court
21 should consider at least, but not be limited to, the
22 following issues:
23 1. Whether the person is employed and no other
24 means of commuting to the place of employment is
25 available or that the person must drive as a condition of
26 employment. The employer shall certify the hours of
27 employment and the need and parameters necessary for
28 driving as a condition to employment.
29 2. Whether the person must drive to secure alcohol
30 or other medical treatment for himself or a family
31 member.
32 3. Whether the person must drive for educational
33 purposes. The educational institution shall certify the
34 person's enrollment in and academic schedule at the
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1 institution.
2 4. Whether the person has been repeatedly convicted
3 of traffic violations or involved in motor vehicle
4 accidents to a degree which indicates disrespect for
5 public safety.
6 5. Whether the person has been convicted of a
7 traffic violation in connection with a traffic accident
8 resulting in the death of any person within the last 5
9 years.
10 6. Whether the person is likely to obey the limited
11 provisions of the JDP.
12 7. Whether the person has any additional traffic
13 violations pending in any court.
14 For purposes of this Section, programs conducting
15 professional evaluations of a person's alcohol, other drug,
16 or intoxicating compound use must report, to the court of
17 venue, using a form prescribed by the Secretary of State. A
18 copy of such evaluations shall be sent to the Secretary of
19 State by the court. However, the evaluation information shall
20 be privileged and only available to courts and to the
21 Secretary of State, but shall not be admissible in the
22 subsequent trial on the underlying charge.
23 (c) The scope of any court order issued for a JDP under
24 this Section shall be limited to the operation of a motor
25 vehicle as provided for in subsection (a) of this Section and
26 shall specify the petitioner's residence, place of employment
27 or location of educational institution, and the scope of job
28 related duties, if relevant. The JDP shall also specify days
29 of the week and specific hours of the day when the petitioner
30 is able to exercise the limited privilege of operating a
31 motor vehicle. If the Petitioner, who has been granted a JDP,
32 is issued a citation for a traffic related offense, including
33 operating a motor vehicle outside the limitations prescribed
34 in the JDP or a violation of Section 6-303, or is convicted
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1 of any such an offense during the term of the JDP, the court
2 shall consider cancellation of the limited driving permit.
3 In any case, if the Petitioner commits an offense, as defined
4 in Section 11-501, or a similar provision of a local
5 ordinance, as evidenced by the issuance of a Uniform Traffic
6 Ticket, the JDP shall be forwarded by the court of venue to
7 the court ordering the issuance of the JDP, for cancellation.
8 The court shall notify the Secretary of State of any such
9 cancellation.
10 (d) The Secretary of State shall, upon receiving a court
11 order from the court of venue, issue a JDP to a successful
12 Petitioner under this Section. Such court order form shall
13 also contain a notification, which shall be sent to the
14 Secretary of State, providing the name, driver's license
15 number and legal address of the successful petitioner, and
16 the full and detailed description of the limitations of the
17 JDP. This information shall be available only to the courts,
18 police officers, and the Secretary of State, except during
19 the actual period the JDP is valid, during which time it
20 shall be a public record. The Secretary of State shall design
21 and furnish to the courts an official court order form to be
22 used by the courts when directing the Secretary of State to
23 issue a JDP.
24 Any submitted court order that contains insufficient data
25 or fails to comply with this Code shall not be utilized for
26 JDP issuance or entered to the driver record but shall be
27 returned to the issuing court indicating why the JDP cannot
28 be so entered. A notice of this action shall also be sent to
29 the JDP petitioner by the Secretary of State.
30 (e) The circuit court of venue may conduct the judicial
31 hearing, as provided in Section 2-118.1, and the JDP hearing
32 provided in this Section, concurrently. Such concurrent
33 hearing shall proceed in the court in the same manner as in
34 other civil proceedings.
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1 (f) The circuit court of venue may, as a condition of
2 the issuance of a JDP, prohibit the person from operating a
3 motor vehicle not equipped with an ignition interlock device.
4 If the court imposes this prohibition, it shall require that
5 the person participate in the Secretary of State's Breath
6 Alcohol Ignition Interlock Device Program established in
7 accordance with Section 6-205 for a period of time specified
8 by the court.
9 (Source: P.A. 90-369, eff. 1-1-98; 90-779, eff. 1-1-99;
10 91-127, eff. 1-1-00.)
11 (625 ILCS 5/11-501) (95 1/2, par. 11-501)
12 Sec. 11-501. Driving while under the influence of
13 alcohol, other drug or drugs, intoxicating compound or
14 compounds or any combination thereof.
15 (a) A person shall not drive or be in actual physical
16 control of any vehicle within this State while:
17 (1) the alcohol concentration in the person's blood
18 or breath is 0.08 or more based on the definition of
19 blood and breath units in Section 11-501.2;
20 (2) under the influence of alcohol;
21 (3) under the influence of any intoxicating
22 compound or combination of intoxicating compounds to a
23 degree that renders the person incapable of driving
24 safely;
25 (4) under the influence of any other drug or
26 combination of drugs to a degree that renders the person
27 incapable of safely driving;
28 (5) under the combined influence of alcohol, other
29 drug or drugs, or intoxicating compound or compounds to a
30 degree that renders the person incapable of safely
31 driving; or
32 (6) there is any amount of a drug, substance, or
33 compound in the person's breath, blood, or urine
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1 resulting from the unlawful use or consumption of
2 cannabis listed in the Cannabis Control Act, a controlled
3 substance listed in the Illinois Controlled Substances
4 Act, or an intoxicating compound listed in the Use of
5 Intoxicating Compounds Act.
6 (b) The fact that any person charged with violating this
7 Section is or has been legally entitled to use alcohol, other
8 drug or drugs, or intoxicating compound or compounds, or any
9 combination thereof, shall not constitute a defense against
10 any charge of violating this Section.
11 (c) Except as provided under paragraphs (c-3) and (d) of
12 this Section, every person convicted of violating this
13 Section or a similar provision of a local ordinance, shall be
14 guilty of a Class A misdemeanor and, in addition to any other
15 criminal or administrative action, for any second conviction
16 of violating this Section or a similar provision of a law of
17 another state or local ordinance committed within 5 years of
18 a previous violation of this Section or a similar provision
19 of a local ordinance shall be mandatorily sentenced to a
20 minimum of 48 consecutive hours of imprisonment or assigned
21 to a minimum of 100 hours of community service as may be
22 determined by the court. Every person convicted of violating
23 this Section or a similar provision of a local ordinance
24 shall be subject to a mandatory minimum fine of $500 and a
25 mandatory 5 days of community service in a program benefiting
26 children if the person committed a violation of paragraph (a)
27 or a similar provision of a local ordinance while
28 transporting a person under age 16. Every person convicted a
29 second time for violating this Section or a similar provision
30 of a local ordinance within 5 years of a previous violation
31 of this Section or a similar provision of a law of another
32 state or local ordinance shall be subject to a mandatory
33 minimum fine of $500 and 10 days of mandatory community
34 service in a program benefiting children if the current
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1 offense was committed while transporting a person under age
2 16. The imprisonment or assignment under this subsection
3 shall not be subject to suspension nor shall the person be
4 eligible for probation in order to reduce the sentence or
5 assignment.
6 (c-1) (1) A person who violates this Section during a
7 period in which his or her driving privileges are revoked
8 or suspended, where the revocation or suspension was for
9 a violation of this Section, Section 11-501.1, paragraph
10 (b) of Section 11-401, or Section 9-3 of the Criminal
11 Code of 1961 is guilty of a Class 4 felony.
12 (2) A person who violates this Section a third time
13 during a period in which his or her driving privileges
14 are revoked or suspended where the revocation or
15 suspension was for a violation of this Section, Section
16 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
17 of the Criminal Code of 1961 is guilty of a Class 3
18 felony.
19 (3) A person who violates this Section a fourth or
20 subsequent time during a period in which his or her
21 driving privileges are revoked or suspended where the
22 revocation or suspension was for a violation of this
23 Section, Section 11-501.1, paragraph (b) of Section
24 11-401, or Section 9-3 of the Criminal Code of 1961 is
25 guilty of a Class 2 felony.
26 (c-2) (Blank).
27 (c-3) Every person convicted of violating this Section
28 or a similar provision of a local ordinance who had a child
29 under age 16 in the vehicle at the time of the offense shall
30 have his or her punishment under this Act enhanced by 2 days
31 of imprisonment for a first offense, 10 days of imprisonment
32 for a second offense, 30 days of imprisonment for a third
33 offense, and 90 days of imprisonment for a fourth or
34 subsequent offense, in addition to the fine and community
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1 service required under subsection (c) and the possible
2 imprisonment required under subsection (d). The imprisonment
3 or assignment under this subsection shall not be subject to
4 suspension nor shall the person be eligible for probation in
5 order to reduce the sentence or assignment.
6 (d) (1) Every person convicted of committing a violation
7 of this Section shall be guilty of aggravated driving under
8 the influence of alcohol, other drug or drugs, or
9 intoxicating compound or compounds, or any combination
10 thereof if:
11 (A) the person committed a violation of this
12 Section, or a similar provision of a law of another state
13 or a local ordinance when the cause of action is the same
14 as or substantially similar to this Section, for the
15 third or subsequent time;
16 (B) the person committed a violation of paragraph
17 (a) while driving a school bus with children on board;
18 (C) the person in committing a violation of
19 paragraph (a) was involved in a motor vehicle accident
20 that resulted in great bodily harm or permanent
21 disability or disfigurement to another, when the
22 violation was a proximate cause of the injuries; or
23 (D) the person committed a violation of paragraph
24 (a) for a second time and has been previously convicted
25 of violating Section 9-3 of the Criminal Code of 1961
26 relating to reckless homicide in which the person was
27 determined to have been under the influence of alcohol,
28 other drug or drugs, or intoxicating compound or
29 compounds as an element of the offense or the person has
30 previously been convicted under subparagraph (C) of this
31 paragraph (1).
32 (2) Aggravated driving under the influence of alcohol,
33 other drug or drugs, or intoxicating compound or compounds,
34 or any combination thereof is a Class 4 felony for which a
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1 person, if sentenced to a term of imprisonment, shall be
2 sentenced to not less than one year and not more than 3 years
3 for a violation of subparagraph (A), (B) or (D) of paragraph
4 (1) of this subsection (d) and not less than one year and not
5 more than 12 years for a violation of subparagraph (C) of
6 paragraph (1) of this subsection (d). For any prosecution
7 under this subsection (d), a certified copy of the driving
8 abstract of the defendant shall be admitted as proof of any
9 prior conviction.
10 (e) After a finding of guilt and prior to any final
11 sentencing, or an order for supervision, for an offense based
12 upon an arrest for a violation of this Section or a similar
13 provision of a local ordinance, individuals shall be required
14 to undergo a professional evaluation to determine if an
15 alcohol, drug, or intoxicating compound abuse problem exists
16 and the extent of the problem. Programs conducting these
17 evaluations shall be licensed by the Department of Human
18 Services. The cost of any professional evaluation shall be
19 paid for by the individual required to undergo the
20 professional evaluation.
21 (f) Every person found guilty of violating this Section,
22 whose operation of a motor vehicle while in violation of this
23 Section proximately caused any incident resulting in an
24 appropriate emergency response, shall be liable for the
25 expense of an emergency response as provided under Section
26 5-5-3 of the Unified Code of Corrections.
27 (g) The Secretary of State shall revoke the driving
28 privileges of any person convicted under this Section or a
29 similar provision of a local ordinance.
30 (h) Every person sentenced under subsection (d) of this
31 Section and who receives a term of probation or conditional
32 discharge shall be required to serve a minimum term of either
33 30 days community service or, beginning July 1, 1993, 48
34 consecutive hours of imprisonment as a condition of the
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1 probation or conditional discharge. This mandatory minimum
2 term of imprisonment or assignment of community service shall
3 not be suspended and shall not be subject to reduction by the
4 court.
5 (i) The Secretary of State may use ignition interlock
6 device requirements when granting driving relief to
7 individuals who have been arrested for a second or subsequent
8 offense of this Section or a similar provision of a local
9 ordinance. The Secretary shall establish by rule and
10 regulation the procedures for use of the interlock system in
11 accordance with Section 6-205.
12 (j) In addition to any other penalties and liabilities,
13 a person who is found guilty of violating this Section shall
14 be fined $100, payable to the circuit clerk, who shall
15 distribute the money to the law enforcement agency that made
16 the arrest. In the event that more than one agency is
17 responsible for the arrest, the $100 shall be shared equally.
18 Any moneys received by a law enforcement agency under this
19 subsection (j) shall be used to purchase law enforcement
20 equipment that will assist in the prevention of alcohol
21 related criminal violence throughout the State. This shall
22 include, but is not limited to, in-car video cameras, radar
23 and laser speed detection devices, and alcohol breath
24 testers.
25 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
26 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
27 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
28 eff. 7-29-99.)
29 Section 99. Effective date. This Act takes effect
30 January 1, 2001.