State of Illinois
92nd General Assembly
Legislation

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92_HB5244

 
                                               LRB9211454DHgc

 1        AN ACT concerning vehicles.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Vehicle  Code  is amended by
 5    changing Section 11-501 as follows:

 6        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
 7        Sec.  11-501.   Driving  while  under  the  influence  of
 8    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
 9    compounds  or  any  combination   of   alcohol,   drugs,   or
10    intoxicating compounds 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), (c-4),
10    and (d) of this Section, every person convicted of  violating
11    this  Section  or  a  similar provision of a local ordinance,
12    shall be guilty of a Class A misdemeanor and, in addition  to
13    any  other  criminal or administrative action, for any second
14    conviction of violating this Section or a  similar  provision
15    of a law of another state or local ordinance committed within
16    5  years of a previous violation of this Section or a similar
17    provision of a local ordinance shall be mandatorily sentenced
18    to a minimum of 5 days  of  imprisonment  or  assigned  to  a
19    minimum  of 30 days of community service as may be determined
20    by the  court.  Every  person  convicted  of  violating  this
21    Section  or a similar provision of a local ordinance shall be
22    subject to an additional mandatory minimum fine of  $500  and
23    an  additional  mandatory  5  days  of community service in a
24    program  benefiting  children  if  the  person  committed   a
25    violation  of paragraph (a) or a similar provision of a local
26    ordinance while transporting a person under  age  16.   Every
27    person  convicted a second time for violating this Section or
28    a similar provision of a local ordinance within 5 years of  a
29    previous  violation of this Section or a similar provision of
30    a law of another state or local ordinance shall be subject to
31    an  additional  mandatory  minimum  fine  of  $500   and   an
32    additional  10  days  of  mandatory  community  service  in a
33    program  benefiting  children  if  the  current  offense  was
34    committed while transporting a  person  under  age  16.   The
 
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 1    imprisonment or assignment under this subsection shall not be
 2    subject  to  suspension  nor shall the person be eligible for
 3    probation in order to reduce the sentence or assignment.
 4        (c-1) (1)  A person who violates this  Section  during  a
 5        period in which his or her driving privileges are revoked
 6        or  suspended, where the revocation or suspension was for
 7        a violation of this Section, Section 11-501.1,  paragraph
 8        (b)  of  Section  11-401,  or Section 9-3 of the Criminal
 9        Code of 1961 is guilty of a Class 4 felony.
10             (2)  A person who violates this Section a third time
11        during a period in which his or  her  driving  privileges
12        are   revoked   or  suspended  where  the  revocation  or
13        suspension was for a violation of this  Section,  Section
14        11-501.1, paragraph (b) of Section 11-401, or Section 9-3
15        of  the  Criminal  Code  of  1961  is guilty of a Class 3
16        felony.
17             (3)  A person who violates this Section a fourth  or
18        subsequent  time  during  a  period  in  which his or her
19        driving privileges are revoked  or  suspended  where  the
20        revocation  or  suspension  was  for  a violation of this
21        Section,  Section  11-501.1,  paragraph  (b)  of  Section
22        11-401, or Section 9-3 of the Criminal Code  of  1961  is
23        guilty of a Class 2 felony.
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
27        child  under  age  16  in  the vehicle at the time of the
28        offense shall have his or her punishment under  this  Act
29        enhanced  by  2 days of imprisonment for a first offense,
30        10 days of imprisonment for a second offense, 30 days  of
31        imprisonment   for  a  third  offense,  and  90  days  of
32        imprisonment for  a  fourth  or  subsequent  offense,  in
33        addition to the fine and community service required under
34        subsection  (c)  and  the  possible imprisonment required
 
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 1        under subsection (d).   The  imprisonment  or  assignment
 2        under  this subsection shall not be subject to suspension
 3        nor shall the person be eligible for probation  in  order
 4        to reduce the sentence or assignment.
 5        (c-4)  When  a  person  is convicted of violating Section
 6    11-501 of this  Code  or  a  similar  provision  of  a  local
 7    ordinance,  the  following  penalties  apply  when his or her
 8    blood, breath,  or  urine  was  .16  or  more  based  on  the
 9    definition  of  blood,  breath,  or  urine  units  in Section
10    11-501.2 or when that person is convicted of  violating  this
11    Section while transporting a child under the age of 16:
12             (1)  A   person   who   is  convicted  of  violating
13        subsection (a) of Section 11-501 of  this  Code  a  first
14        time,  in  addition  to  any  other  penalty  that may be
15        imposed under subsection (c), is subject to  a  mandatory
16        minimum  of  100 hours of community service and a minimum
17        fine of $500.
18             (2)  A  person  who  is   convicted   of   violating
19        subsection  (a)  of  Section 11-501 of this Code a second
20        time within 10 years, in addition to  any  other  penalty
21        that may be imposed under subsection (c), is subject to a
22        mandatory minimum of 2 days of imprisonment and a minimum
23        fine of $1,250.
24             (3)  A   person   who   is  convicted  of  violating
25        subsection (a) of Section 11-501 of  this  Code  a  third
26        time  within  20 years is guilty of a Class 4 felony and,
27        in addition to any other  penalty  that  may  be  imposed
28        under  subsection  (c), is subject to a mandatory minimum
29        of 90 days of imprisonment and a minimum fine of $2,500.
30             (4)  A person who is  convicted  of  violating  this
31        subsection (c-4) a fourth or subsequent time is guilty of
32        a  Class  2  felony and, in addition to any other penalty
33        that may be imposed under subsection (c), is not eligible
34        for a sentence of probation or conditional discharge  and
 
                            -5-                LRB9211454DHgc
 1        is subject to a minimum fine of $2,500.
 2        (d) (1)  Every person convicted of committing a violation
 3        of  this  Section  shall  be guilty of aggravated driving
 4        under the influence of alcohol, other drug or  drugs,  or
 5        intoxicating  compound  or  compounds, or any combination
 6        thereof if:
 7                  (A)  the person committed a violation  of  this
 8             Section,  or a similar provision of a law of another
 9             state or a local ordinance when the cause of  action
10             is  the  same  as  or  substantially similar to this
11             Section, for the third or subsequent time;
12                  (B)  the  person  committed  a   violation   of
13             paragraph  (a)  while  driving  a  school  bus  with
14             children on board;
15                  (C)  the  person  in  committing a violation of
16             paragraph  (a)  was  involved  in  a  motor  vehicle
17             accident that  resulted  in  great  bodily  harm  or
18             permanent  disability  or  disfigurement to another,
19             when the violation was  a  proximate  cause  of  the
20             injuries;
21                  (D)  the   person   committed  a  violation  of
22             paragraph  (a)  for  a  second  time  and  has  been
23             previously convicted of violating Section 9-3 of the
24             Criminal Code of 1961 relating to reckless  homicide
25             in  which  the  person  was  determined to have been
26             under the influence of alcohol, other drug or drugs,
27             or intoxicating compound or compounds as an  element
28             of  the  offense  or  the person has previously been
29             convicted under subparagraph (C) of  this  paragraph
30             (1); or
31                  (E)  the  person,  in committing a violation of
32             paragraph (a) while driving at any speed in a school
33             speed zone at a time when a speed limit of 20  miles
34             per  hour  was  in  effect  under  subsection (a) of
 
                            -6-                LRB9211454DHgc
 1             Section 11-605 of this Code, was involved in a motor
 2             vehicle accident that resulted in bodily harm, other
 3             than great bodily harm or  permanent  disability  or
 4             disfigurement, to another person, when the violation
 5             of paragraph (a) was a proximate cause of the bodily
 6             harm.
 7             (2)  Aggravated   driving  under  the  influence  of
 8        alcohol, other drug or drugs, or intoxicating compound or
 9        compounds, or  any  combination  thereof  is  a  Class  4
10        felony.   For  , , or (E) a violation of subparagraph (C)
11        of paragraph (1) of this subsection (d),  the  defendant,
12        if   sentenced  to  a  term  of  imprisonment,  shall  be
13        sentenced to not less than one  year  nor  more  than  12
14        years.   For any prosecution under this subsection (d), a
15        certified copy of the driving abstract of  the  defendant
16        shall be admitted as proof of any prior conviction.
17        (e)  After  a  finding  of  guilt  and prior to any final
18    sentencing, or an order for supervision, for an offense based
19    upon an arrest for a violation of this Section or  a  similar
20    provision of a local ordinance, individuals shall be required
21    to  undergo  a  professional  evaluation  to  determine if an
22    alcohol, drug, or intoxicating compound abuse problem  exists
23    and  the extent of the problem, and undergo the imposition of
24    treatment   as   appropriate.   Programs   conducting   these
25    evaluations shall be licensed  by  the  Department  of  Human
26    Services.   The  cost of any professional evaluation shall be
27    paid  for  by  the  individual  required   to   undergo   the
28    professional evaluation.
29        (f)  Every person found guilty of violating this Section,
30    whose operation of a motor vehicle while in violation of this
31    Section  proximately  caused  any  incident  resulting  in an
32    appropriate emergency  response,  shall  be  liable  for  the
33    expense  of  an  emergency response as provided under Section
34    5-5-3 of the Unified Code of Corrections.
 
                            -7-                LRB9211454DHgc
 1        (g)  The Secretary of  State  shall  revoke  the  driving
 2    privileges  of  any  person convicted under this Section or a
 3    similar provision of a local ordinance.
 4        (h)  Every person sentenced under paragraph (2) or (3) of
 5    subsection (c-1) of this Section or subsection  (d)  of  this
 6    Section  and  who receives a term of probation or conditional
 7    discharge shall be required to serve a minimum term of either
 8    60 days community service or 10 days  of  imprisonment  as  a
 9    condition  of  the  probation or conditional discharge.  This
10    mandatory minimum  term  of  imprisonment  or  assignment  of
11    community  service  shall  not  be suspended and shall not be
12    subject to reduction by the court.
13        (i)  The Secretary of State  shall  require  the  use  of
14    ignition  interlock  devices  on  all  vehicles  owned  by an
15    individual who has been convicted of a second  or  subsequent
16    offense  of  this  Section  or a similar provision of a local
17    ordinance.   The  Secretary  shall  establish  by  rule   and
18    regulation  the  procedures  for certification and use of the
19    interlock system.
20        (j)  In addition to any other penalties and  liabilities,
21    a person who is found guilty of or pleads guilty to violating
22    this   Section,   including   any   person  placed  on  court
23    supervision for violating this Section, shall be fined  $100,
24    payable  to the circuit clerk, who shall distribute the money
25    to the law enforcement agency that made the arrest.   If  the
26    person  has  been  previously  convicted  of  violating  this
27    Section or a similar provision of a local ordinance, the fine
28    shall  be  $200.   In  the event that more than one agency is
29    responsible for the arrest, the $100 or $200 shall be  shared
30    equally.   Any  moneys  received  by a law enforcement agency
31    under this subsection (j)  shall  be  used  to  purchase  law
32    enforcement  equipment  that will assist in the prevention of
33    alcohol related criminal violence throughout the State.  This
34    shall include, but is not limited to, in-car  video  cameras,
 
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 1    radar  and  laser speed detection devices, and alcohol breath
 2    testers. Any moneys  received  by  the  Department  of  State
 3    Police  under this subsection (j) shall be deposited into the
 4    State Police DUI Fund and  shall  be  used  to  purchase  law
 5    enforcement  equipment  that will assist in the prevention of
 6    alcohol related criminal violence throughout the State.
 7    (Source: P.A. 91-126, eff.  7-16-99;  91-357,  eff.  7-29-99;
 8    91-692,  eff.  4-13-00;  91-822,  eff.  6-13-00; 92-248, eff.
 9    8-3-01; 92-418, eff. 8-17-01; 92-420, eff.  8-17-01;  92-429,
10    eff. 1-1-02; 92-431, eff. 1-1-02; revised 10-12-01.)

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