State of Illinois
92nd General Assembly
Legislation

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92_SB0020

 
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 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 shall  be  mandatorily  sentenced  to  a
18    minimum  of  48 consecutive hours of imprisonment or assigned
19    to a minimum of 100 hours of  community  service  as  may  be
20    determined by the court.  Every person convicted of violating
21    this  Section  or  a  similar  provision of a local ordinance
22    shall be subject to a mandatory minimum fine of  $500  and  a
23    mandatory 5 days of community service in a program benefiting
24    children if the person committed a violation of paragraph (a)
25    or   a   similar   provision   of  a  local  ordinance  while
26    transporting a person under age 16.  Every person convicted a
27    second time for violating this Section or a similar provision
28    of a local ordinance within 5 years of a  previous  violation
29    of  this  Section  or a similar provision of a law of another
30    state or local ordinance shall  be  subject  to  a  mandatory
31    minimum  fine  of  $500  and  10  days of mandatory community
32    service in a  program  benefiting  children  if  the  current
33    offense  was  committed while transporting a person under age
34    16.  The imprisonment or  assignment  under  this  subsection
 
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 1    shall  not  be  subject to suspension nor shall the person be
 2    eligible for probation in order to  reduce  the  sentence  or
 3    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 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,  other   drug   or   drugs,   or
 7    intoxicating   compound  or  compounds,  or  any  combination
 8    thereof if:
 9             (A)  the  person  committed  a  violation  of   this
10        Section, or a similar provision of a law of another state
11        or a local ordinance when the cause of action is the same
12        as  or  substantially  similar  to  this Section, for the
13        third or subsequent time;
14             (B)  the person committed a violation  of  paragraph
15        (a) while driving a school bus with children on board;
16             (C)  the   person   in  committing  a  violation  of
17        paragraph (a) was involved in a  motor  vehicle  accident
18        that   resulted   in   great  bodily  harm  or  permanent
19        disability  or  disfigurement  to   another,   when   the
20        violation was a proximate cause of the injuries; or
21             (D)  the  person  committed a violation of paragraph
22        (a) for a second time and has been  previously  convicted
23        of  violating  Section  9-3  of the Criminal Code of 1961
24        relating to reckless homicide in  which  the  person  was
25        determined  to  have been under the influence of alcohol,
26        other  drug  or  drugs,  or  intoxicating   compound   or
27        compounds  as an element of the offense or the person has
28        previously been convicted under subparagraph (C) of  this
29        paragraph (1); or.
30             (E)  the  person  committed a violation of paragraph
31        (a) while driving at any speed in a school zone at a time
32        when a speed limit of 20 miles per  hour  was  in  effect
33        under subsection (a) of Section 11-605.
34        (2)  Aggravated  driving  under the influence of alcohol,
 
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 1    other drug or drugs, or intoxicating compound  or  compounds,
 2    or  any  combination  thereof is a Class 4 felony for which a
 3    person, if sentenced to a  term  of  imprisonment,  shall  be
 4    sentenced to not less than one year and not more than 3 years
 5    for  a  violation of subparagraph (A), (B), or (D), or (E) of
 6    paragraph (1) of this subsection (d) and not  less  than  one
 7    year   and  not  more  than  12  years  for  a  violation  of
 8    subparagraph (C) of paragraph (1) of this subsection (d). For
 9    any prosecution under this subsection (d), a  certified  copy
10    of the driving abstract of the defendant shall be admitted as
11    proof of any prior conviction.
12        (e)  After  a  finding  of  guilt  and prior to any final
13    sentencing, or an order for supervision, for an offense based
14    upon an arrest for a violation of this Section or  a  similar
15    provision of a local ordinance, individuals shall be required
16    to  undergo  a  professional  evaluation  to  determine if an
17    alcohol, drug, or intoxicating compound abuse problem  exists
18    and  the  extent  of  the problem.  Programs conducting these
19    evaluations shall be licensed  by  the  Department  of  Human
20    Services.   The  cost of any professional evaluation shall be
21    paid  for  by  the  individual  required   to   undergo   the
22    professional evaluation.
23        (f)  Every person found guilty of violating this Section,
24    whose operation of a motor vehicle while in violation of this
25    Section  proximately  caused  any  incident  resulting  in an
26    appropriate emergency  response,  shall  be  liable  for  the
27    expense  of  an  emergency response as provided under Section
28    5-5-3 of the Unified Code of Corrections.
29        (g)  The Secretary of  State  shall  revoke  the  driving
30    privileges  of  any  person convicted under this Section or a
31    similar provision of a local ordinance.
32        (h)  Every person sentenced under subsection (d) of  this
33    Section  and  who receives a term of probation or conditional
34    discharge shall be required to serve a minimum term of either
 
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 1    30 days community service or,  beginning  July  1,  1993,  48
 2    consecutive  hours  of  imprisonment  as  a  condition of the
 3    probation or conditional discharge.  This  mandatory  minimum
 4    term of imprisonment or assignment of community service shall
 5    not be suspended and shall not be subject to reduction by the
 6    court.
 7        (i)  The  Secretary  of  State may use ignition interlock
 8    device  requirements  when   granting   driving   relief   to
 9    individuals who have been arrested for a second or subsequent
10    offense  of  this  Section  or a similar provision of a local
11    ordinance.   The  Secretary  shall  establish  by  rule   and
12    regulation the procedures for use of the interlock system.
13        (j)  In  addition to any other penalties and liabilities,
14    a person who is found guilty of or pleads guilty to violating
15    this  Section,  including  any   person   placed   on   court
16    supervision  for violating this Section, shall be fined $100,
17    payable to the circuit clerk, who shall distribute the  money
18    to  the  law enforcement agency that made the arrest.  In the
19    event that more  than  one  agency  is  responsible  for  the
20    arrest,  the  $100  shall  be  shared  equally.   Any  moneys
21    received  by  a  law enforcement agency under this subsection
22    (j) shall be used to purchase law enforcement equipment  that
23    will  assist  in  the  prevention of alcohol related criminal
24    violence throughout the State.  This shall  include,  but  is
25    not  limited  to, in-car video cameras, radar and laser speed
26    detection devices, and alcohol  breath  testers.  Any  moneys
27    received  by  the  Department  of  State  Police  under  this
28    subsection  (j)  shall be deposited into the State Police DUI
29    Fund and shall be used to purchase law enforcement  equipment
30    that  will  assist  in  the  prevention  of  alcohol  related
31    criminal violence throughout the State.
32    (Source: P.A.  90-43,  eff.  7-2-97;  90-400,  eff.  8-15-97;
33    90-611,  eff.  1-1-99;  90-655,  eff.  7-30-98;  90-738, eff.
34    1-1-99; 90-779, eff. 1-1-99; 91-126,  eff.  7-16-99;  91-357,
 
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 1    eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.)

 2        Section  99.   Effective  date.   This  Act  takes effect
 3    January 1, 2002.

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