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92_SB0823enr SB823 Enrolled LRB9204849RCdvA 1 AN ACT in relation to driving under the influence of 2 alcohol and drugs. 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 6-205, 6-208.1, 6-208.2, and 11-501 as 7 follows: 8 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205) 9 Sec. 6-205. Mandatory revocation of license or permit; 10 Hardship cases. 11 (a) Except as provided in this Section, the Secretary of 12 State shall immediately revoke the license or permit of any 13 driver upon receiving a report of the driver's conviction of 14 any of the following offenses: 15 1. Reckless homicide resulting from the operation 16 of a motor vehicle; 17 2. 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, other drug 21 or drugs, intoxicating compound or compounds, or any 22 combination thereof; 23 3. Any felony under the laws of any State or the 24 federal government in the commission of which a motor 25 vehicle was used; 26 4. Violation of Section 11-401 of this Code 27 relating to the offense of leaving the scene of a traffic 28 accident involving death or personal injury; 29 5. Perjury or the making of a false affidavit or 30 statement under oath to the Secretary of State under this 31 Code or under any other law relating to the ownership or SB823 Enrolled -2- LRB9204849RCdvA 1 operation of motor vehicles; 2 6. Conviction upon 3 charges of violation of 3 Section 11-503 of this Code relating to the offense of 4 reckless driving committed within a period of 12 months; 5 7. Conviction of the offense of automobile theft as 6 defined in Section 4-102 of this Code; 7 8. Violation of Section 11-504 of this Code 8 relating to the offense of drag racing; 9 9. Violation of Chapters 8 and 9 of this Code; 10 10. Violation of Section 12-5 of the Criminal Code 11 of 1961 arising from the use of a motor vehicle; 12 11. Violation of Section 11-204.1 of this Code 13 relating to aggravated fleeing or attempting to elude a 14 police officer; 15 12. Violation of paragraph (1) of subsection (b) of 16 Section 6-507, or a similar law of any other state, 17 relating to the unlawful operation of a commercial motor 18 vehicle; 19 13. Violation of paragraph (a) of Section 11-502 of 20 this Code or a similar provision of a local ordinance if 21 the driver has been previously convicted of a violation 22 of that Section or a similar provision of a local 23 ordinance and the driver was less than 21 years of age at 24 the time of the offense. 25 (b) The Secretary of State shall also immediately revoke 26 the license or permit of any driver in the following 27 situations: 28 1. Of any minor upon receiving the notice provided 29 for in Section 5-901 of the Juvenile Court Act of 1987 30 that the minor has been adjudicated under that Act as 31 having committed an offense relating to motor vehicles 32 prescribed in Section 4-103 of this Code; 33 2. Of any person when any other law of this State 34 requires either the revocation or suspension of a license SB823 Enrolled -3- LRB9204849RCdvA 1 or permit. 2 (c) Whenever a person is convicted of any of the 3 offenses enumerated in this Section, the court may recommend 4 and the Secretary of State in his discretion, without regard 5 to whether the recommendation is made by the court, may, upon 6 application, issue to the person a restricted driving permit 7 granting the privilege of driving a motor vehicle between the 8 petitioner's residence and petitioner's place of employment 9 or within the scope of the petitioner's employment related 10 duties, or to allow transportation for the petitioner or a 11 household member of the petitioner's family for the receipt 12 of necessary medical care or, if the professional evaluation 13 indicates, provide transportation for the petitioner for 14 alcohol remedial or rehabilitative activity, or for the 15 petitioner to attend classes, as a student, in an accredited 16 educational institution; if the petitioner is able to 17 demonstrate that no alternative means of transportation is 18 reasonably available and the petitioner will not endanger the 19 public safety or welfare; provided that the Secretary's 20 discretion shall be limited to cases where undue hardship 21 would result from a failure to issue the restricted driving 22 permit. In each case the Secretary of State may issue a 23 restricted driving permit for a period he deems appropriate, 24 except that the permit shall expire within one year from the 25 date of issuance. A restricted driving permit issued under 26 this Section shall be subject to cancellation, revocation, 27 and suspension by the Secretary of State in like manner and 28 for like cause as a driver's license issued under this Code 29 may be cancelled, revoked, or suspended; except that a 30 conviction upon one or more offenses against laws or 31 ordinances regulating the movement of traffic shall be deemed 32 sufficient cause for the revocation, suspension, or 33 cancellation of a restricted driving permit. The Secretary of 34 State may, as a condition to the issuance of a restricted SB823 Enrolled -4- LRB9204849RCdvA 1 driving permit, require the applicant to participate in a 2 designated driver remedial or rehabilitative program. The 3 Secretary of State is authorized to cancel a restricted 4 driving permit if the permit holder does not successfully 5 complete the program. However, if an individual's driving 6 privileges have been revoked in accordance with paragraph 13 7 of subsection (a) of this Section, no restricted driving 8 permit shall be issued until the individual has served 6 9 months of the revocation period. 10 (d) Whenever a person under the age of 21 is convicted 11 under Section 11-501 of this Code or a similar provision of a 12 local ordinance, the Secretary of State shall revoke the 13 driving privileges of that person. One year after the date 14 of revocation, and upon application, the Secretary of State 15 may, if satisfied that the person applying will not endanger 16 the public safety or welfare, issue a restricted driving 17 permit granting the privilege of driving a motor vehicle only 18 between the hours of 5 a.m. and 9 p.m. or as otherwise 19 provided by this Section for a period of one year. After 20 this one year period, and upon reapplication for a license as 21 provided in Section 6-106, upon payment of the appropriate 22 reinstatement fee provided under paragraph (b) of Section 23 6-118, the Secretary of State, in his discretion, may issue 24 the applicant a license, or extend the restricted driving 25 permit as many times as the Secretary of State deems 26 appropriate, by additional periods of not more than 12 months 27 each, until the applicant attains 21 years of age. A 28 restricted driving permit issued under this Section shall be 29 subject to cancellation, revocation, and suspension by the 30 Secretary of State in like manner and for like cause as a 31 driver's license issued under this Code may be cancelled, 32 revoked, or suspended; except that a conviction upon one or 33 more offenses against laws or ordinances regulating the 34 movement of traffic shall be deemed sufficient cause for the SB823 Enrolled -5- LRB9204849RCdvA 1 revocation, suspension, or cancellation of a restricted 2 driving permit. Any person under 21 years of age who has a 3 driver's license revoked for a second or subsequent 4 conviction for driving under the influence, prior to the age 5 of 21, shall not be eligible to submit an application for a 6 full reinstatement of driving privileges or a restricted 7 driving permit until age 21 or one additional year from the 8 date of the latest such revocation, whichever is the longer. 9 The revocation periods contained in this subparagraph shall 10 apply to similar out-of-state convictions. 11 (e) This Section is subject to the provisions of the 12 Driver License Compact. 13 (f) Any revocation imposed upon any person under 14 subsections 2 and 3 of paragraph (b) that is in effect on 15 December 31, 1988 shall be converted to a suspension for a 16 like period of time. 17 (g) The Secretary of State shall not issue a restricted 18 driving permit to a person under the age of 16 years whose 19 driving privileges have been revoked under any provisions of 20 this Code. 21 (h) The Secretary of State shall require themayuse of 22 ignition interlock devices on all vehicles owned by an 23 individualdevice requirements when granting driving relief24to individualswho hashavebeen convicted ofarrested fora 25 second or subsequent offense under Section 11-501 of this 26 Code or a similar provision of a local ordinance. The 27 Secretary shall establish by rule and regulation the 28 procedures for certification and use of the interlock system. 29 (i) The Secretary of State may not issue a restricted 30 driving permit for a period of one year after a second or 31 subsequent revocation of driving privileges under clause 32 (a)(2) of this Section; however, one year after the date of a 33 second or subsequent revocation of driving privileges under 34 clause (a)(2) of this Section, the Secretary of State may, SB823 Enrolled -6- LRB9204849RCdvA 1 upon application, issue a restricted driving permit under the 2 terms and conditions of subsection (c). 3 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99; 4 90-611, eff. 1-1-99; 90-779, eff. 1-1-99; 91-357, eff. 5 7-29-99.) 6 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) 7 Sec. 6-208.1. Period of statutory summary alcohol, other 8 drug, or intoxicating compound related suspension. 9 (a) Unless the statutory summary suspension has been 10 rescinded, any person whose privilege to drive a motor 11 vehicle on the public highways has been summarily suspended, 12 pursuant to Section 11-501.1, shall not be eligible for 13 restoration of the privilege until the expiration of: 14 1. Six months from the effective date of the 15 statutory summary suspension for a refusal or failure to 16 complete a test or tests to determine the alcohol, drug, 17 or intoxicating compound concentration, pursuant to 18 Section 11-501.1; or 19 2. Three months from the effective date of the 20 statutory summary suspension imposed following the 21 person's submission to a chemical test which disclosed an 22 alcohol concentration of 0.08 or more, or any amount of a 23 drug, substance, or intoxicating compound in such 24 person's breath, blood, or urine resulting from the 25 unlawful use or consumption of cannabis listed in the 26 Cannabis Control Act, a controlled substance listed in 27 the Illinois Controlled Substances Act, or an 28 intoxicating compound listed in the Use of Intoxicating 29 Compounds Act, pursuant to Section 11-501.1; or 30 3. Three years from the effective date of the 31 statutory summary suspension for any person other than a 32 first offender who refuses or fails to complete a test or 33 tests to determine the alcohol, drug, or intoxicating SB823 Enrolled -7- LRB9204849RCdvA 1 compound concentration pursuant to Section 11-501.1; or 2 4. One year from the effective date of the summary 3 suspension imposed for any person other than a first 4 offender following submission to a chemical test which 5 disclosed an alcohol concentration of 0.08 or more 6 pursuant to Section 11-501.1 or any amount of a drug, 7 substance or compound in such person's blood or urine 8 resulting from the unlawful use or consumption of 9 cannabis listed in the Cannabis Control Act, a controlled 10 substance listed in the Illinois Controlled Substances 11 Act, or an intoxicating compound listed in the Use of 12 Intoxicating Compounds Act. 13 (b) Following a statutory summary suspension of the 14 privilege to drive a motor vehicle under Section 11-501.1, 15 full driving privileges shall be restored unless the person 16 is otherwise disqualified by this Code. If the court has 17 reason to believe that the person's driving privilege should 18 not be restored, the court shall notify the Secretary of 19 State prior to the expiration of the statutory summary 20 suspension so appropriate action may be taken pursuant to 21 this Code. 22 (c) Full driving privileges may not be restored until 23 all applicable reinstatement fees, as provided by this Code, 24 have been paid to the Secretary of State and the appropriate 25 entry made to the driver's record. 26 (d) Where a driving privilege has been summarily 27 suspended under Section 11-501.1 and the person is 28 subsequently convicted of violating Section 11-501, or a 29 similar provision of a local ordinance, for the same 30 incident, any period served on statutory summary suspension 31 shall be credited toward the minimum period of revocation of 32 driving privileges imposed pursuant to Section 6-205. 33 (e) Following a statutory summary suspension of driving 34 privileges pursuant to Section 11-501.1, for a first SB823 Enrolled -8- LRB9204849RCdvA 1 offender, the circuit court may, after at least 30 days from 2 the effective date of the statutory summary suspension, issue 3 a judicial driving permit as provided in Section 6-206.1. 4 (f) Subsequent to an arrest of a first offender, for any 5 offense as defined in Section 11-501 or a similar provision 6 of a local ordinance, following a statutory summary 7 suspension of driving privileges pursuant to Section 8 11-501.1, for a first offender, the circuit court may issue a 9 court order directing the Secretary of State to issue a 10 judicial driving permit as provided in Section 6-206.1. 11 However, this JDP shall not be effective prior to the 31st 12 day of the statutory summary suspension. 13 (g) Following a statutory summary suspension of driving 14 privileges pursuant to Section 11-501.1 where the person was 15 not a first offender, as defined in Section 11-500and such16person refused or failed to complete a test or tests to17determine the alcohol, drug, or intoxicating compound18concentration pursuant to Section 11-501.1, the Secretary of 19 State may not issue a restricted driving permitif at least 220years have elapsed since the effective date of the statutory21summary suspension. 22 (h) (Blank).Following a statutory summary suspension of23driving privileges pursuant to Section 11-501.1 where the24person was not a first offender as defined in Section 11-50025and such person submitted to a chemical test which disclosed26an alcohol concentration of 0.08 or more pursuant to Section2711-501.1, the Secretary of State may, after at least 90 days28from the effective date of the statutory summary suspension,29issue a restricted driving permit.30 (Source: P.A. 90-43, eff. 7-2-97; 90-738, eff. 1-1-99; 31 90-779, eff. 1-1-99; 91-357, eff. 7-29-99.) 32 (625 ILCS 5/6-208.2) 33 Sec. 6-208.2. Restoration of driving privileges; persons SB823 Enrolled -9- LRB9204849RCdvA 1 under age 21. 2 (a) Unless the suspension based upon consumption of 3 alcohol by a minor or refusal to submit to testing has been 4 rescinded by the Secretary of State in accordance with item 5 (c)(3) of Section 6-206 of this Code, a person whose 6 privilege to drive a motor vehicle on the public highways has 7 been suspended under Section 11-501.8 is not eligible for 8 restoration of the privilege until the expiration of: 9 1. Six months from the effective date of the 10 suspension for a refusal or failure to complete a test or 11 tests to determine the alcohol concentration under 12 Section 11-501.8; 13 2. Three months from the effective date of the 14 suspension imposed following the person's submission to a 15 chemical test which disclosed an alcohol concentration 16 greater than 0.00 under Section 11-501.8; 17 3. Two years from the effective date of the 18 suspension for a person who has been previously suspended 19 under Section 11-501.8 and who refuses or fails to 20 complete a test or tests to determine the alcohol 21 concentration under Section 11-501.8; or 22 4. One year from the effective date of the 23 suspension imposed for a person who has been previously 24 suspended under Section 11-501.8 following submission to 25 a chemical test that disclosed an alcohol concentration 26 greater than 0.00 under Section 11-501.8. 27 (b) Following a suspension of the privilege to drive a 28 motor vehicle under Section 11-501.8, full driving privileges 29 shall be restored unless the person is otherwise disqualified 30 by this Code. 31 (c) Full driving privileges may not be restored until 32 all applicable reinstatement fees, as provided by this Code, 33 have been paid to the Secretary of State and the appropriate 34 entry made to the driver's record. The Secretary of State may SB823 Enrolled -10- LRB9204849RCdvA 1 also, as a condition of the reissuance of a driver's license 2 or permit to an individual under the age of 18 years whose 3 driving privileges have been suspended pursuant to Section 4 11-501.8, require the applicant to participate in a driver 5 remedial education course and be retested under Section 6 6-109. 7 (d) Where a driving privilege has been suspended under 8 Section 11-501.8 and the person is subsequently convicted of 9 violating Section 11-501, or a similar provision of a local 10 ordinance, for the same incident, any period served on that 11 suspension shall be credited toward the minimum period of 12 revocation of driving privileges imposed under Section 6-205. 13 (e) Following a suspension of driving privileges under 14 Section 11-501.8 for a person who has not had his or her 15 driving privileges previously suspended under that Section, 16 the Secretary of State may issue a restricted driving permit 17 after at least 30 days from the effective date of the 18 suspension. 19 (f) Following a second or subsequent suspension of 20 driving privileges under Section 11-501.8that is based upon21the person having refused or failed to complete a test or22tests to determine the alcohol concentration under Section2311-501.8, the Secretary of State may issue a restricted 24 driving permit after at least 126months from the effective 25 date of the suspension. 26 (g) (Blank).Following a second or subsequent suspension27of driving privileges under Section 11-501.8 that is based28upon the person having submitted to a chemical test that29disclosed an alcohol concentration greater than 0.00 under30Section 11-501.8, the Secretary of State may issue a31restricted driving permit after at least 90 days from the32effective date of the suspension.33 (h) Any restricted driving permit considered under this 34 Section is subject to the provisions of item (e) of Section SB823 Enrolled -11- LRB9204849RCdvA 1 11-501.8. 2 (Source: P.A. 90-774, eff. 8-14-98.) 3 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) 4 Sec. 11-501. Driving while under the influence of 5 alcohol, other drug or drugs, intoxicating compound or 6 compounds or any combination thereof. 7 (a) A person shall not drive or be in actual physical 8 control of any vehicle within this State while: 9 (1) the alcohol concentration in the person's blood 10 or breath is 0.08 or more based on the definition of 11 blood and breath units in Section 11-501.2; 12 (2) under the influence of alcohol; 13 (3) under the influence of any intoxicating 14 compound or combination of intoxicating compounds to a 15 degree that renders the person incapable of driving 16 safely; 17 (4) under the influence of any other drug or 18 combination of drugs to a degree that renders the person 19 incapable of safely driving; 20 (5) under the combined influence of alcohol, other 21 drug or drugs, or intoxicating compound or compounds to a 22 degree that renders the person incapable of safely 23 driving; or 24 (6) there is any amount of a drug, substance, or 25 compound in the person's breath, blood, or urine 26 resulting from the unlawful use or consumption of 27 cannabis listed in the Cannabis Control Act, a controlled 28 substance listed in the Illinois Controlled Substances 29 Act, or an intoxicating compound listed in the Use of 30 Intoxicating Compounds Act. 31 (b) The fact that any person charged with violating this 32 Section is or has been legally entitled to use alcohol, other 33 drug or drugs, or intoxicating compound or compounds, or any SB823 Enrolled -12- LRB9204849RCdvA 1 combination thereof, shall not constitute a defense against 2 any charge of violating this Section. 3 (c) Except as provided under paragraphs (c-3) and (d) of 4 this Section, every person convicted of violating this 5 Section or a similar provision of a local ordinance, shall be 6 guilty of a Class A misdemeanor and, in addition to any other 7 criminal or administrative action, for any second conviction 8 of violating this Section or a similar provision of a law of 9 another state or local ordinance committed within 5 years of 10 a previous violation of this Section or a similar provision 11 of a local ordinance shall be mandatorily sentenced to a 12 minimum of 5 days48 consecutive hoursof imprisonment or 13 assigned to a minimum of 30 days100 hoursof community 14 service as may be determined by the court. Every person 15 convicted of violating this Section or a similar provision of 16 a local ordinance shall be subject to an additionala17 mandatory minimum fine of $500 and an additionalamandatory 18 5 days of community service in a program benefiting children 19 if the person committed a violation of paragraph (a) or a 20 similar provision of a local ordinance while transporting a 21 person under age 16. Every person convicted a second time 22 for violating this Section or a similar provision of a local 23 ordinance within 5 years of a previous violation of this 24 Section or a similar provision of a law of another state or 25 local ordinance shall be subject to an additionalamandatory 26 minimum fine of $500 and an additional 10 days of mandatory 27 community service in a program benefiting children if the 28 current offense was committed while transporting a person 29 under age 16. The imprisonment or assignment under this 30 subsection shall not be subject to suspension nor shall the 31 person be eligible for probation in order to reduce the 32 sentence or assignment. 33 (c-1) (1) A person who violates this Section during a 34 period in which his or her driving privileges are revoked SB823 Enrolled -13- LRB9204849RCdvA 1 or suspended, where the revocation or suspension was for 2 a violation of this Section, Section 11-501.1, paragraph 3 (b) of Section 11-401, or Section 9-3 of the Criminal 4 Code of 1961 is guilty of a Class 4 felony. 5 (2) A person who violates this Section a third time 6 during a period in which his or her driving privileges 7 are revoked or suspended where the revocation or 8 suspension was for a violation of this Section, Section 9 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 10 of the Criminal Code of 1961 is guilty of a Class 3 11 felony. 12 (3) A person who violates this Section a fourth or 13 subsequent time during a period in which his or her 14 driving privileges are revoked or suspended where the 15 revocation or suspension was for a violation of this 16 Section, Section 11-501.1, paragraph (b) of Section 17 11-401, or Section 9-3 of the Criminal Code of 1961 is 18 guilty of a Class 2 felony. 19 (c-2) (Blank). 20 (c-3) Every person convicted of violating this Section 21 or a similar provision of a local ordinance who had a child 22 under age 16 in the vehicle at the time of the offense shall 23 have his or her punishment under this Act enhanced by 2 days 24 of imprisonment for a first offense, 10 days of imprisonment 25 for a second offense, 30 days of imprisonment for a third 26 offense, and 90 days of imprisonment for a fourth or 27 subsequent offense, in addition to the fine and community 28 service required under subsection (c) and the possible 29 imprisonment required under subsection (d). The imprisonment 30 or assignment under this subsection shall not be subject to 31 suspension nor shall the person be eligible for probation in 32 order to reduce the sentence or assignment. 33 (d) (1) Every person convicted of committing a violation 34 of this Section shall be guilty of aggravated driving under SB823 Enrolled -14- LRB9204849RCdvA 1 the influence of alcohol, other drug or drugs, or 2 intoxicating compound or compounds, or any combination 3 thereof if: 4 (A) the person committed a violation of this 5 Section, or a similar provision of a law of another state 6 or a local ordinance when the cause of action is the same 7 as or substantially similar to this Section, for the 8 third or subsequent time; 9 (B) the person committed a violation of paragraph 10 (a) while driving a school bus with children on board; 11 (C) the person in committing a violation of 12 paragraph (a) was involved in a motor vehicle accident 13 that resulted in great bodily harm or permanent 14 disability or disfigurement to another, when the 15 violation was a proximate cause of the injuries; or 16 (D) the person committed a violation of paragraph 17 (a) for a second time and has been previously convicted 18 of violating Section 9-3 of the Criminal Code of 1961 19 relating to reckless homicide in which the person was 20 determined to have been under the influence of alcohol, 21 other drug or drugs, or intoxicating compound or 22 compounds as an element of the offense or the person has 23 previously been convicted under subparagraph (C) of this 24 paragraph (1). 25 (2) Aggravated driving under the influence of alcohol, 26 other drug or drugs, or intoxicating compound or compounds, 27 or any combination thereof is a Class 4 felony for which a 28 person, if sentenced to a term of imprisonment, shall be 29 sentenced to not less than one year and not more than 3 years 30 for a violation of subparagraph (A), (B) or (D) of paragraph 31 (1) of this subsection (d) and not less than one year and not 32 more than 12 years for a violation of subparagraph (C) of 33 paragraph (1) of this subsection (d). For any prosecution 34 under this subsection (d), a certified copy of the driving SB823 Enrolled -15- LRB9204849RCdvA 1 abstract of the defendant shall be admitted as proof of any 2 prior conviction. 3 (e) After a finding of guilt and prior to any final 4 sentencing, or an order for supervision, for an offense based 5 upon an arrest for a violation of this Section or a similar 6 provision of a local ordinance, individuals shall be required 7 to undergo a professional evaluation to determine if an 8 alcohol, drug, or intoxicating compound abuse problem exists 9 and the extent of the problem, and undergo the imposition of 10 treatment as appropriate. Programs conducting these 11 evaluations shall be licensed by the Department of Human 12 Services. The cost of any professional evaluation shall be 13 paid for by the individual required to undergo the 14 professional evaluation. 15 (f) Every person found guilty of violating this Section, 16 whose operation of a motor vehicle while in violation of this 17 Section proximately caused any incident resulting in an 18 appropriate emergency response, shall be liable for the 19 expense of an emergency response as provided under Section 20 5-5-3 of the Unified Code of Corrections. 21 (g) The Secretary of State shall revoke the driving 22 privileges of any person convicted under this Section or a 23 similar provision of a local ordinance. 24 (h) Every person sentenced under paragraph (2) or (3) of 25 subsection (c-1) of this Section or 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 6030days community service or 10 days, beginning July 1,291993, 48 consecutive hoursof imprisonment as a condition of 30 the probation or conditional discharge. This mandatory 31 minimum term of imprisonment or assignment of community 32 service shall not be suspended and shall not be subject to 33 reduction by the court. 34 (i) The Secretary of State shall require the use ofmaySB823 Enrolled -16- LRB9204849RCdvA 1useignition interlock devices on all vehicles owned by an 2 individualdevice requirements when granting driving relief3to individualswho hashavebeen convicted ofarrested fora 4 second or subsequent offense of this Section or a similar 5 provision of a local ordinance. The Secretary shall 6 establish by rule and regulation the procedures for 7 certification and use of the interlock system. 8 (j) In addition to any other penalties and liabilities, 9 a person who is found guilty of or pleads guilty to violating 10 this Section, including any person placed on court 11 supervision for violating this Section, shall be fined $100, 12 payable to the circuit clerk, who shall distribute the money 13 to the law enforcement agency that made the arrest. In the 14 event that more than one agency is responsible for the 15 arrest, the $100 shall be shared equally. Any moneys 16 received by a law enforcement agency under this subsection 17 (j) shall be used to purchase law enforcement equipment that 18 will assist in the prevention of alcohol related criminal 19 violence throughout the State. This shall include, but is 20 not limited to, in-car video cameras, radar and laser speed 21 detection devices, and alcohol breath testers. Any moneys 22 received by the Department of State Police under this 23 subsection (j) shall be deposited into the State Police DUI 24 Fund and shall be used to purchase law enforcement equipment 25 that will assist in the prevention of alcohol related 26 criminal violence throughout the State. 27 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 28 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 29 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357, 30 eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.) 31 Section 10. The Unified Code of Corrections is amended 32 by changing Section 5-5-3 as follows: SB823 Enrolled -17- LRB9204849RCdvA 1 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) 2 Sec. 5-5-3. Disposition. 3 (a) Every person convicted of an offense shall be 4 sentenced as provided in this Section. 5 (b) The following options shall be appropriate 6 dispositions, alone or in combination, for all felonies and 7 misdemeanors other than those identified in subsection (c) of 8 this Section: 9 (1) A period of probation. 10 (2) A term of periodic imprisonment. 11 (3) A term of conditional discharge. 12 (4) A term of imprisonment. 13 (5) An order directing the offender to clean up and 14 repair the damage, if the offender was convicted under 15 paragraph (h) of Section 21-1 of the Criminal Code of 16 1961. 17 (6) A fine. 18 (7) An order directing the offender to make 19 restitution to the victim under Section 5-5-6 of this 20 Code. 21 (8) A sentence of participation in a county impact 22 incarceration program under Section 5-8-1.2 of this Code. 23 Whenever an individual is sentenced for an offense based 24 upon an arrest for a violation of Section 11-501 of the 25 Illinois Vehicle Code, or a similar provision of a local 26 ordinance, and the professional evaluation recommends 27 remedial or rehabilitative treatment or education, neither 28 the treatment nor the education shall be the sole disposition 29 and either or both may be imposed only in conjunction with 30 another disposition. The court shall monitor compliance with 31 any remedial education or treatment recommendations contained 32 in the professional evaluation. Programs conducting alcohol 33 or other drug evaluation or remedial education must be 34 licensed by the Department of Human Services. However, if SB823 Enrolled -18- LRB9204849RCdvA 1 the individual is not a resident of Illinois, the court may 2 accept an alcohol or other drug evaluation or remedial 3 education program in the state of such individual's 4 residence. Programs providing treatment must be licensed 5 under existing applicable alcoholism and drug treatment 6 licensure standards. 7 In addition to any other fine or penalty required by law, 8 any individual convicted of a violation of Section 11-501 of 9 the Illinois Vehicle Code or a similar provision of local 10 ordinance, whose operation of a motor vehicle while in 11 violation of Section 11-501 or such ordinance proximately 12 caused an incident resulting in an appropriate emergency 13 response, shall be required to make restitution to a public 14 agency for the costs of that emergency response. Such 15 restitution shall not exceed $500 per public agency for each 16 such emergency response. For the purpose of this paragraph, 17 emergency response shall mean any incident requiring a 18 response by: a police officer as defined under Section 1-162 19 of the Illinois Vehicle Code; a fireman carried on the rolls 20 of a regularly constituted fire department; and an ambulance 21 as defined under Section 4.05 of the Emergency Medical 22 Services (EMS) Systems Act. 23 Neither a fine nor restitution shall be the sole 24 disposition for a felony and either or both may be imposed 25 only in conjunction with another disposition. 26 (c) (1) When a defendant is found guilty of first degree 27 murder the State may either seek a sentence of 28 imprisonment under Section 5-8-1 of this Code, or where 29 appropriate seek a sentence of death under Section 9-1 of 30 the Criminal Code of 1961. 31 (2) A period of probation, a term of periodic 32 imprisonment or conditional discharge shall not be 33 imposed for the following offenses. The court shall 34 sentence the offender to not less than the minimum term SB823 Enrolled -19- LRB9204849RCdvA 1 of imprisonment set forth in this Code for the following 2 offenses, and may order a fine or restitution or both in 3 conjunction with such term of imprisonment: 4 (A) First degree murder where the death 5 penalty is not imposed. 6 (B) Attempted first degree murder. 7 (C) A Class X felony. 8 (D) A violation of Section 401.1 or 407 of the 9 Illinois Controlled Substances Act, or a violation 10 of subdivision (c)(2) of Section 401 of that Act 11 which relates to more than 5 grams of a substance 12 containing cocaine or an analog thereof. 13 (E) A violation of Section 5.1 or 9 of the 14 Cannabis Control Act. 15 (F) A Class 2 or greater felony if the 16 offender had been convicted of a Class 2 or greater 17 felony within 10 years of the date on which the 18 offender committed the offense for which he or she 19 is being sentenced, except as otherwise provided in 20 Section 40-10 of the Alcoholism and Other Drug Abuse 21 and Dependency Act. 22 (G) Residential burglary, except as otherwise 23 provided in Section 40-10 of the Alcoholism and 24 Other Drug Abuse and Dependency Act. 25 (H) Criminal sexual assault, except as 26 otherwise provided in subsection (e) of this 27 Section. 28 (I) Aggravated battery of a senior citizen. 29 (J) A forcible felony if the offense was 30 related to the activities of an organized gang. 31 Before July 1, 1994, for the purposes of this 32 paragraph, "organized gang" means an association of 33 5 or more persons, with an established hierarchy, 34 that encourages members of the association to SB823 Enrolled -20- LRB9204849RCdvA 1 perpetrate crimes or provides support to the members 2 of the association who do commit crimes. 3 Beginning July 1, 1994, for the purposes of 4 this paragraph, "organized gang" has the meaning 5 ascribed to it in Section 10 of the Illinois 6 Streetgang Terrorism Omnibus Prevention Act. 7 (K) Vehicular hijacking. 8 (L) A second or subsequent conviction for the 9 offense of hate crime when the underlying offense 10 upon which the hate crime is based is felony 11 aggravated assault or felony mob action. 12 (M) A second or subsequent conviction for the 13 offense of institutional vandalism if the damage to 14 the property exceeds $300. 15 (N) A Class 3 felony violation of paragraph 16 (1) of subsection (a) of Section 2 of the Firearm 17 Owners Identification Card Act. 18 (O) A violation of Section 12-6.1 of the 19 Criminal Code of 1961. 20 (P) A violation of paragraph (1), (2), (3), 21 (4), (5), or (7) of subsection (a) of Section 22 11-20.1 of the Criminal Code of 1961. 23 (Q) A violation of Section 20-1.2 of the 24 Criminal Code of 1961. 25 (R) A violation of Section 24-3A of the 26 Criminal Code of 1961. 27 (3) A minimum term of imprisonment of not less than 28 5 days48 consecutive hoursor 30 days100 hoursof 29 community service as may be determined by the court shall 30 be imposed for a secondor subsequentviolation committed 31 within 5 years of a previous violation of Section 11-501 32 of the Illinois Vehicle Code or a similar provision of a 33 local ordinance. In the case of a third or subsequent 34 violation committed within 5 years of a previous SB823 Enrolled -21- LRB9204849RCdvA 1 violation of Section 11-501 of the Illinois Vehicle Code 2 or a similar provision of a local ordinance, a minimum 3 term of either 10 days of imprisonment or 60 days of 4 community service shall be imposed. 5 (4) A minimum term of imprisonment of not less than 6 7 consecutive days or 30 days of community service shall 7 be imposed for a violation of paragraph (c) of Section 8 6-303 of the Illinois Vehicle Code. 9 (4.1) A minimum term of 30 consecutive days of 10 imprisonment, 40 days of 24 hour periodic imprisonment or 11 720 hours of community service, as may be determined by 12 the court, shall be imposed for a violation of Section 13 11-501 of the Illinois Vehicle Code during a period in 14 which the defendant's driving privileges are revoked or 15 suspended, where the revocation or suspension was for a 16 violation of Section 11-501 or Section 11-501.1 of that 17 Code. 18 (5) The court may sentence an offender convicted of 19 a business offense or a petty offense or a corporation or 20 unincorporated association convicted of any offense to: 21 (A) a period of conditional discharge; 22 (B) a fine; 23 (C) make restitution to the victim under 24 Section 5-5-6 of this Code. 25 (6) In no case shall an offender be eligible for a 26 disposition of probation or conditional discharge for a 27 Class 1 felony committed while he was serving a term of 28 probation or conditional discharge for a felony. 29 (7) When a defendant is adjudged a habitual 30 criminal under Article 33B of the Criminal Code of 1961, 31 the court shall sentence the defendant to a term of 32 natural life imprisonment. 33 (8) When a defendant, over the age of 21 years, is 34 convicted of a Class 1 or Class 2 felony, after having SB823 Enrolled -22- LRB9204849RCdvA 1 twice been convicted of any Class 2 or greater Class 2 felonies in Illinois, and such charges are separately 3 brought and tried and arise out of different series of 4 acts, such defendant shall be sentenced as a Class X 5 offender. This paragraph shall not apply unless (1) the 6 first felony was committed after the effective date of 7 this amendatory Act of 1977; and (2) the second felony 8 was committed after conviction on the first; and (3) the 9 third felony was committed after conviction on the 10 second. 11 (9) A defendant convicted of a second or subsequent 12 offense of ritualized abuse of a child may be sentenced 13 to a term of natural life imprisonment. 14 (d) In any case in which a sentence originally imposed 15 is vacated, the case shall be remanded to the trial court. 16 The trial court shall hold a hearing under Section 5-4-1 of 17 the Unified Code of Corrections which may include evidence of 18 the defendant's life, moral character and occupation during 19 the time since the original sentence was passed. The trial 20 court shall then impose sentence upon the defendant. The 21 trial court may impose any sentence which could have been 22 imposed at the original trial subject to Section 5-5-4 of the 23 Unified Code of Corrections. 24 (e) In cases where prosecution for criminal sexual 25 assault or aggravated criminal sexual abuse under Section 26 12-13 or 12-16 of the Criminal Code of 1961 results in 27 conviction of a defendant who was a family member of the 28 victim at the time of the commission of the offense, the 29 court shall consider the safety and welfare of the victim and 30 may impose a sentence of probation only where: 31 (1) the court finds (A) or (B) or both are 32 appropriate: 33 (A) the defendant is willing to undergo a 34 court approved counseling program for a minimum SB823 Enrolled -23- LRB9204849RCdvA 1 duration of 2 years; or 2 (B) the defendant is willing to participate in 3 a court approved plan including but not limited to 4 the defendant's: 5 (i) removal from the household; 6 (ii) restricted contact with the victim; 7 (iii) continued financial support of the 8 family; 9 (iv) restitution for harm done to the 10 victim; and 11 (v) compliance with any other measures 12 that the court may deem appropriate; and 13 (2) the court orders the defendant to pay for the 14 victim's counseling services, to the extent that the 15 court finds, after considering the defendant's income and 16 assets, that the defendant is financially capable of 17 paying for such services, if the victim was under 18 18 years of age at the time the offense was committed and 19 requires counseling as a result of the offense. 20 Probation may be revoked or modified pursuant to Section 21 5-6-4; except where the court determines at the hearing that 22 the defendant violated a condition of his or her probation 23 restricting contact with the victim or other family members 24 or commits another offense with the victim or other family 25 members, the court shall revoke the defendant's probation and 26 impose a term of imprisonment. 27 For the purposes of this Section, "family member" and 28 "victim" shall have the meanings ascribed to them in Section 29 12-12 of the Criminal Code of 1961. 30 (f) This Article shall not deprive a court in other 31 proceedings to order a forfeiture of property, to suspend or 32 cancel a license, to remove a person from office, or to 33 impose any other civil penalty. 34 (g) Whenever a defendant is convicted of an offense SB823 Enrolled -24- LRB9204849RCdvA 1 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 2 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 3 12-15 or 12-16 of the Criminal Code of 1961, the defendant 4 shall undergo medical testing to determine whether the 5 defendant has any sexually transmissible disease, including a 6 test for infection with human immunodeficiency virus (HIV) or 7 any other identified causative agent of acquired 8 immunodeficiency syndrome (AIDS). Any such medical test 9 shall be performed only by appropriately licensed medical 10 practitioners and may include an analysis of any bodily 11 fluids as well as an examination of the defendant's person. 12 Except as otherwise provided by law, the results of such test 13 shall be kept strictly confidential by all medical personnel 14 involved in the testing and must be personally delivered in a 15 sealed envelope to the judge of the court in which the 16 conviction was entered for the judge's inspection in camera. 17 Acting in accordance with the best interests of the victim 18 and the public, the judge shall have the discretion to 19 determine to whom, if anyone, the results of the testing may 20 be revealed. The court shall notify the defendant of the test 21 results. The court shall also notify the victim if requested 22 by the victim, and if the victim is under the age of 15 and 23 if requested by the victim's parents or legal guardian, the 24 court shall notify the victim's parents or legal guardian of 25 the test results. The court shall provide information on the 26 availability of HIV testing and counseling at Department of 27 Public Health facilities to all parties to whom the results 28 of the testing are revealed and shall direct the State's 29 Attorney to provide the information to the victim when 30 possible. A State's Attorney may petition the court to obtain 31 the results of any HIV test administered under this Section, 32 and the court shall grant the disclosure if the State's 33 Attorney shows it is relevant in order to prosecute a charge 34 of criminal transmission of HIV under Section 12-16.2 of the SB823 Enrolled -25- LRB9204849RCdvA 1 Criminal Code of 1961 against the defendant. The court shall 2 order that the cost of any such test shall be paid by the 3 county and may be taxed as costs against the convicted 4 defendant. 5 (g-5) When an inmate is tested for an airborne 6 communicable disease, as determined by the Illinois 7 Department of Public Health including but not limited to 8 tuberculosis, the results of the test shall be personally 9 delivered by the warden or his or her designee in a sealed 10 envelope to the judge of the court in which the inmate must 11 appear for the judge's inspection in camera if requested by 12 the judge. Acting in accordance with the best interests of 13 those in the courtroom, the judge shall have the discretion 14 to determine what if any precautions need to be taken to 15 prevent transmission of the disease in the courtroom. 16 (h) Whenever a defendant is convicted of an offense 17 under Section 1 or 2 of the Hypodermic Syringes and Needles 18 Act, the defendant shall undergo medical testing to determine 19 whether the defendant has been exposed to human 20 immunodeficiency virus (HIV) or any other identified 21 causative agent of acquired immunodeficiency syndrome (AIDS). 22 Except as otherwise provided by law, the results of such test 23 shall be kept strictly confidential by all medical personnel 24 involved in the testing and must be personally delivered in a 25 sealed envelope to the judge of the court in which the 26 conviction was entered for the judge's inspection in camera. 27 Acting in accordance with the best interests of the public, 28 the judge shall have the discretion to determine to whom, if 29 anyone, the results of the testing may be revealed. The court 30 shall notify the defendant of a positive test showing an 31 infection with the human immunodeficiency virus (HIV). The 32 court shall provide information on the availability of HIV 33 testing and counseling at Department of Public Health 34 facilities to all parties to whom the results of the testing SB823 Enrolled -26- LRB9204849RCdvA 1 are revealed and shall direct the State's Attorney to provide 2 the information to the victim when possible. A State's 3 Attorney may petition the court to obtain the results of any 4 HIV test administered under this Section, and the court 5 shall grant the disclosure if the State's Attorney shows it 6 is relevant in order to prosecute a charge of criminal 7 transmission of HIV under Section 12-16.2 of the Criminal 8 Code of 1961 against the defendant. The court shall order 9 that the cost of any such test shall be paid by the county 10 and may be taxed as costs against the convicted defendant. 11 (i) All fines and penalties imposed under this Section 12 for any violation of Chapters 3, 4, 6, and 11 of the Illinois 13 Vehicle Code, or a similar provision of a local ordinance, 14 and any violation of the Child Passenger Protection Act, or a 15 similar provision of a local ordinance, shall be collected 16 and disbursed by the circuit clerk as provided under Section 17 27.5 of the Clerks of Courts Act. 18 (j) In cases when prosecution for any violation of 19 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 20 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 21 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 22 12-16 of the Criminal Code of 1961, any violation of the 23 Illinois Controlled Substances Act, or any violation of the 24 Cannabis Control Act results in conviction, a disposition of 25 court supervision, or an order of probation granted under 26 Section 10 of the Cannabis Control Act or Section 410 of the 27 Illinois Controlled Substance Act of a defendant, the court 28 shall determine whether the defendant is employed by a 29 facility or center as defined under the Child Care Act of 30 1969, a public or private elementary or secondary school, or 31 otherwise works with children under 18 years of age on a 32 daily basis. When a defendant is so employed, the court 33 shall order the Clerk of the Court to send a copy of the 34 judgment of conviction or order of supervision or probation SB823 Enrolled -27- LRB9204849RCdvA 1 to the defendant's employer by certified mail. If the 2 employer of the defendant is a school, the Clerk of the Court 3 shall direct the mailing of a copy of the judgment of 4 conviction or order of supervision or probation to the 5 appropriate regional superintendent of schools. The regional 6 superintendent of schools shall notify the State Board of 7 Education of any notification under this subsection. 8 (j-5) A defendant at least 17 years of age who is 9 convicted of a felony and who has not been previously 10 convicted of a misdemeanor or felony and who is sentenced to 11 a term of imprisonment in the Illinois Department of 12 Corrections shall as a condition of his or her sentence be 13 required by the court to attend educational courses designed 14 to prepare the defendant for a high school diploma and to 15 work toward a high school diploma or to work toward passing 16 the high school level Test of General Educational Development 17 (GED) or to work toward completing a vocational training 18 program offered by the Department of Corrections. If a 19 defendant fails to complete the educational training required 20 by his or her sentence during the term of incarceration, the 21 Prisoner Review Board shall, as a condition of mandatory 22 supervised release, require the defendant, at his or her own 23 expense, to pursue a course of study toward a high school 24 diploma or passage of the GED test. The Prisoner Review 25 Board shall revoke the mandatory supervised release of a 26 defendant who wilfully fails to comply with this subsection 27 (j-5) upon his or her release from confinement in a penal 28 institution while serving a mandatory supervised release 29 term; however, the inability of the defendant after making a 30 good faith effort to obtain financial aid or pay for the 31 educational training shall not be deemed a wilful failure to 32 comply. The Prisoner Review Board shall recommit the 33 defendant whose mandatory supervised release term has been 34 revoked under this subsection (j-5) as provided in Section SB823 Enrolled -28- LRB9204849RCdvA 1 3-3-9. This subsection (j-5) does not apply to a defendant 2 who has a high school diploma or has successfully passed the 3 GED test. This subsection (j-5) does not apply to a defendant 4 who is determined by the court to be developmentally disabled 5 or otherwise mentally incapable of completing the educational 6 or vocational program. 7 (k) A court may not impose a sentence or disposition for 8 a felony or misdemeanor that requires the defendant to be 9 implanted or injected with or to use any form of birth 10 control. 11 (l) (A) Except as provided in paragraph (C) of 12 subsection (l), whenever a defendant, who is an alien as 13 defined by the Immigration and Nationality Act, is 14 convicted of any felony or misdemeanor offense, the court 15 after sentencing the defendant may, upon motion of the 16 State's Attorney, hold sentence in abeyance and remand 17 the defendant to the custody of the Attorney General of 18 the United States or his or her designated agent to be 19 deported when: 20 (1) a final order of deportation has been 21 issued against the defendant pursuant to proceedings 22 under the Immigration and Nationality Act, and 23 (2) the deportation of the defendant would not 24 deprecate the seriousness of the defendant's conduct 25 and would not be inconsistent with the ends of 26 justice. 27 Otherwise, the defendant shall be sentenced as 28 provided in this Chapter V. 29 (B) If the defendant has already been sentenced for 30 a felony or misdemeanor offense, or has been placed on 31 probation under Section 10 of the Cannabis Control Act or 32 Section 410 of the Illinois Controlled Substances Act, 33 the court may, upon motion of the State's Attorney to 34 suspend the sentence imposed, commit the defendant to the SB823 Enrolled -29- LRB9204849RCdvA 1 custody of the Attorney General of the United States or 2 his or her designated agent when: 3 (1) a final order of deportation has been 4 issued against the defendant pursuant to proceedings 5 under the Immigration and Nationality Act, and 6 (2) the deportation of the defendant would not 7 deprecate the seriousness of the defendant's conduct 8 and would not be inconsistent with the ends of 9 justice. 10 (C) This subsection (l) does not apply to offenders 11 who are subject to the provisions of paragraph (2) of 12 subsection (a) of Section 3-6-3. 13 (D) Upon motion of the State's Attorney, if a 14 defendant sentenced under this Section returns to the 15 jurisdiction of the United States, the defendant shall be 16 recommitted to the custody of the county from which he or 17 she was sentenced. Thereafter, the defendant shall be 18 brought before the sentencing court, which may impose any 19 sentence that was available under Section 5-5-3 at the 20 time of initial sentencing. In addition, the defendant 21 shall not be eligible for additional good conduct credit 22 for meritorious service as provided under Section 3-6-6. 23 (m) A person convicted of criminal defacement of 24 property under Section 21-1.3 of the Criminal Code of 1961, 25 in which the property damage exceeds $300 and the property 26 damaged is a school building, shall be ordered to perform 27 community service that may include cleanup, removal, or 28 painting over the defacement. 29 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, 30 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; 31 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff. 32 12-22-99; 91-695, eff. 4-13-00.) 33 Section 99. Effective date. This Act takes effect upon SB823 Enrolled -30- LRB9204849RCdvA 1 becoming law.