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91_SB0002
LRB9100696KSgc
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 drugs, intoxicating compound or
10 compounds or any combination thereof.
11 (a) A person shall not drive or be in actual physical
12 control of any vehicle within this State while:
13 (1) the alcohol concentration in the person's blood
14 or breath is 0.08 or more based on the definition of
15 blood and breath units in Section 11-501.2;
16 (2) under the influence of alcohol;
17 (3) under the influence of any intoxicating
18 compound or combination of intoxicating compounds to a
19 degree that renders the person incapable of driving
20 safely;
21 (4) under the influence of any other drug or
22 combination of drugs to a degree that renders the person
23 incapable of safely driving;
24 (5) under the combined influence of alcohol, other
25 drug or drugs, or intoxicating compound or compounds to a
26 degree that renders the person incapable of safely
27 driving; or
28 (6) there is any amount of a drug, substance, or
29 compound in the person's breath, blood, or urine
30 resulting from the unlawful use or consumption of
31 cannabis listed in the Cannabis Control Act, a controlled
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1 substance listed in the Illinois Controlled Substances
2 Act, or an intoxicating compound listed in the Use of
3 Intoxicating Compounds Act.
4 (b) The fact that any person charged with violating this
5 Section is or has been legally entitled to use alcohol, other
6 drug or drugs, or intoxicating compound or compounds, or any
7 combination thereof, shall not constitute a defense against
8 any charge of violating this Section.
9 (c) Except as provided under paragraphs (c-3) and (d) of
10 this Section, every person convicted of violating this
11 Section or a similar provision of a local ordinance, shall be
12 guilty of a Class A misdemeanor and, in addition to any other
13 criminal or administrative action, for any second conviction
14 of violating this Section, or a similar provision of a law of
15 another state or local ordinance committed within 5 years of
16 a previous violation of this Section, or a similar provision
17 of a local ordinance, Section 5-7 of the Snowmobile
18 Registration and Safety Act, or Section 5-16 of the Boat
19 Registration and Safety Act shall be mandatorily sentenced to
20 a 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
30 provision of a local ordinance within 5 years of a previous
31 violation of this Section, or a similar provision of a law of
32 another state or local ordinance, Section 5-7 of the
33 Snowmobile Registration and Safety Act, or Section 5-16 of
34 the Boat Registration and Safety Act shall be subject to a
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1 mandatory minimum fine of $500 and 10 days of mandatory
2 community service in a program benefiting children if the
3 current offense was committed while transporting a person
4 under age 16. The imprisonment or assignment under this
5 subsection shall not be subject to suspension nor shall the
6 person be eligible for probation in order to reduce the
7 sentence or assignment.
8 (c-1) (1) A person who violates this Section during a
9 period in which his or her driving privileges are revoked
10 or suspended, where the revocation or suspension was for
11 a violation of this Section, Section 11-501.1, paragraph
12 (b) of Section 11-401, or Section 9-3 of the Criminal
13 Code of 1961 is guilty of a Class 4 felony.
14 (2) A person who violates this Section a third time
15 during a period in which his or her driving privileges
16 are revoked or suspended where the revocation or
17 suspension was for a violation of this Section, Section
18 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
19 of the Criminal Code of 1961 is guilty of a Class 3
20 felony.
21 (3) A person who violates this Section a fourth or
22 subsequent time during a period in which his or her
23 driving privileges are revoked or suspended where the
24 revocation or suspension was for a violation of this
25 Section, Section 11-501.1, paragraph (b) of Section
26 11-401, or Section 9-3 of the Criminal Code of 1961 is
27 guilty of a Class 2 felony.
28 (c-2) (Blank).
29 (c-3) Every person convicted of violating this Section
30 or a similar provision of a local ordinance who had a child
31 under age 16 in the vehicle at the time of the offense shall
32 have his or her punishment under this Act enhanced by 2 days
33 of imprisonment for a first offense, 10 days of imprisonment
34 for a second offense, 30 days of imprisonment for a third
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1 offense, and 90 days of imprisonment for a fourth or
2 subsequent offense, in addition to the fine and community
3 service required under subsection (c) and the possible
4 imprisonment required under subsection (d). The imprisonment
5 or assignment under this subsection shall not be subject to
6 suspension nor shall the person be eligible for probation in
7 order to reduce the sentence or assignment.
8 (d) (1) Every person convicted of committing a violation
9 of this Section shall be guilty of aggravated driving under
10 the influence of alcohol, other drug or drugs, or
11 intoxicating compound or compounds, or any combination
12 thereof if:
13 (A) the person committed a violation of this
14 Section, or a similar provision of a law of another state
15 or a local ordinance when the cause of action is the same
16 as or substantially similar to this Section, Section 5-7
17 of the Snowmobile Registration and Safety Act, or Section
18 5-16 of the Boat Registration and Safety Act for the
19 third or subsequent time;
20 (B) the person committed a violation of paragraph
21 (a) while driving a school bus with children on board;
22 (C) the person in committing a violation of
23 paragraph (a) was involved in a motor vehicle accident
24 that resulted in great bodily harm or permanent
25 disability or disfigurement to another, when the
26 violation was a proximate cause of the injuries; or
27 (D) the person committed a violation of paragraph
28 (a) for a second time and has been previously convicted
29 of violating Section 9-3 of the Criminal Code of 1961
30 relating to reckless homicide in which the person was
31 determined to have been under the influence of alcohol,
32 other drug or drugs, or intoxicating compound or
33 compounds as an element of the offense or the person has
34 previously been convicted under subparagraph (C) of this
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1 paragraph (1).
2 (2) Aggravated driving under the influence of alcohol,
3 other drug or drugs, or intoxicating compound or compounds,
4 or any combination thereof is a Class 4 felony for which a
5 person, if sentenced to a term of imprisonment, shall be
6 sentenced to not less than one year and not more than 3 years
7 for a violation of subparagraph (A), (B) or (D) of paragraph
8 (1) of this subsection (d) and not less than one year and not
9 more than 12 years for a violation of subparagraph (C) of
10 paragraph (1) of this subsection (d). For any prosecution
11 under this subsection (d), a certified copy of the driving
12 abstract of the defendant shall be admitted as proof of any
13 prior conviction.
14 (e) After a finding of guilt and prior to any final
15 sentencing, or an order for supervision, for an offense based
16 upon an arrest for a violation of this Section or a similar
17 provision of a local ordinance, individuals shall be required
18 to undergo a professional evaluation to determine if an
19 alcohol, drug, or intoxicating compound abuse problem exists
20 and the extent of the problem. Programs conducting these
21 evaluations shall be licensed by the Department of Human
22 Services. The cost of any professional evaluation shall be
23 paid for by the individual required to undergo the
24 professional evaluation.
25 (f) Every person found guilty of violating this Section,
26 whose operation of a motor vehicle while in violation of this
27 Section proximately caused any incident resulting in an
28 appropriate emergency response, shall be liable for the
29 expense of an emergency response as provided under Section
30 5-5-3 of the Unified Code of Corrections.
31 (g) The Secretary of State shall revoke the driving
32 privileges of any person convicted under this Section or a
33 similar provision of a local ordinance.
34 (h) Every person sentenced under subsection (d) of this
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1 Section and who receives a term of probation or conditional
2 discharge shall be required to serve a minimum term of either
3 30 days community service or, beginning July 1, 1993, 48
4 consecutive hours of imprisonment as a condition of the
5 probation or conditional discharge. This mandatory minimum
6 term of imprisonment or assignment of community service shall
7 not be suspended and shall not be subject to reduction by the
8 court.
9 (i) The Secretary of State may use ignition interlock
10 device requirements when granting driving relief to
11 individuals who have been arrested for a second or subsequent
12 offense of this Section or a similar provision of a local
13 ordinance. The Secretary shall establish by rule and
14 regulation the procedures for use of the interlock system.
15 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
16 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
17 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 90-611,
18 eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 1-1-99;
19 90-779, eff. 1-1-99; revised 9-16-98.)
20 Section 99. Effective date. This Act takes effect on
21 January 1, 2000.