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Public Act 095-0778
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| SB2494 Enrolled |
LRB095 17436 RLC 43508 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 11-501 as follows:
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(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) |
(Text of Section before amendment by P.A. 95-400 and |
95-578) |
(Text of Section from P.A. 93-1093, 94-963, 95-149, and |
95-355) |
Sec. 11-501. Driving while under the influence of alcohol, |
other drug or
drugs, intoxicating compound or compounds or any |
combination thereof.
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(a) A person shall not drive or be in actual
physical |
control of any vehicle within this State while:
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(1) the alcohol concentration in the person's blood or |
breath is 0.08
or more based on the definition of blood and |
breath units in Section 11-501.2;
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(2) under the influence of alcohol;
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(3) under the influence of any intoxicating compound or |
combination of
intoxicating compounds to a degree that |
renders the person incapable of
driving safely;
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(4) under the influence of any other drug or |
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combination of drugs to a
degree that renders the person |
incapable of safely driving;
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(5) under the combined influence of alcohol, other drug |
or drugs, or
intoxicating compound or compounds to a degree |
that renders the person
incapable of safely driving; or
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(6) there is any amount of a drug, substance, or |
compound in the
person's breath, blood, or urine resulting |
from the unlawful use or consumption
of cannabis listed in |
the Cannabis Control Act, a controlled substance listed
in |
the Illinois Controlled Substances Act, an intoxicating |
compound listed
in the Use of Intoxicating Compounds Act, |
or methamphetamine as listed in the Methamphetamine |
Control and Community Protection Act.
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(b) The fact that any person charged with violating this |
Section is or
has been legally entitled to use alcohol, other |
drug or drugs, or
intoxicating compound or compounds, or any
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combination thereof, shall not constitute a defense against any |
charge of
violating this Section.
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(b-1) With regard to penalties imposed under this Section:
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(1) Any reference to a prior violation of subsection |
(a) or a similar
provision includes any violation of a |
provision of a local ordinance or a
provision of a law of |
another state or an offense committed on a military |
installation that is similar to a violation of
subsection |
(a) of this Section.
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(2) Any penalty imposed for driving with a license that |
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has been revoked
for a previous violation of subsection (a) |
of this Section shall be in
addition to the penalty imposed |
for any subsequent violation of subsection (a).
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(b-2) Except as otherwise provided in this Section, any |
person convicted of
violating subsection (a) of this Section is |
guilty of a Class A misdemeanor.
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(b-3) In addition to any other criminal or administrative |
sanction for any
second conviction of violating subsection (a) |
or a similar provision committed
within 5 years of a previous |
violation of subsection (a) or a similar
provision, the |
defendant shall be sentenced to a mandatory minimum of 5 days |
of
imprisonment or assigned a mandatory minimum of 240 hours of |
community service
as may be determined by the court.
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(b-4) In the case of a third or subsequent violation |
committed within 5
years of a previous violation of subsection |
(a) or a similar provision, in
addition to any other criminal |
or administrative sanction, a mandatory minimum
term of either |
10 days of imprisonment or 480 hours of community service shall
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be imposed.
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(b-5) The imprisonment or assignment of community service |
under subsections
(b-3) and (b-4) shall not be subject to |
suspension, nor shall the person be
eligible for a reduced |
sentence.
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(c) (Blank).
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(c-1) (1) A person who violates subsection (a)
during
a |
period in which his
or her driving privileges are revoked |
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or suspended, where the revocation or
suspension was for a |
violation of subsection (a) or a similar
provision, Section
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11-501.1, paragraph (b)
of Section 11-401, or for reckless |
homicide as defined in Section 9-3 of
the Criminal Code of |
1961 is guilty of a
Class 4 felony.
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(2) A person who violates subsection (a) a third
time, |
if the third violation occurs during a period in
which his |
or her driving privileges are revoked or suspended where |
the
revocation
or suspension was for a violation of |
subsection (a),
Section 11-501.1, paragraph
(b) of Section |
11-401, or for reckless homicide as defined in Section 9-3
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of the Criminal Code of 1961, is guilty of
a Class 3 |
felony; and if the
person receives a term of
probation or |
conditional discharge, he or she shall be required to serve |
a
mandatory
minimum of 10 days of imprisonment or shall be |
assigned a mandatory minimum of
480 hours of community |
service, as may be determined by the court, as a
condition |
of the probation or conditional discharge. This mandatory |
minimum
term of imprisonment or assignment of community |
service shall not be suspended
or reduced by the court.
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(2.2) A person who violates subsection (a), if the
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violation occurs during a period in which his or her |
driving privileges are
revoked or suspended where the |
revocation or suspension was for a violation of
subsection |
(a) or Section 11-501.1, shall also be sentenced to an |
additional
mandatory minimum term of 30 consecutive days of |
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imprisonment, 40 days of
24-hour periodic imprisonment, or |
720 hours of community service, as may be
determined by the |
court. This mandatory term of imprisonment or assignment of
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community service shall not be suspended or reduced by the |
court.
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(3) A person who violates subsection (a) a fourth or
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subsequent time, if the fourth or subsequent violation |
occurs
during a period in which his
or her driving |
privileges are revoked or suspended where the revocation
or |
suspension was for a violation of subsection (a),
Section |
11-501.1, paragraph
(b) of Section 11-401, or for reckless |
homicide as defined in
Section 9-3
of
the Criminal Code of |
1961, is guilty of
a Class 2 felony and is not eligible for |
a sentence of probation or
conditional discharge.
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(c-2) (Blank).
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(c-3) (Blank).
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(c-4) (Blank).
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(c-5)(1) A person who violates subsection (a), if the |
person was transporting
a person under the age of 16 at the |
time of the violation, is subject to an
additional |
mandatory minimum fine of $1,000, an additional mandatory |
minimum
140 hours of community service, which shall include |
40 hours of community
service in a program benefiting |
children, and an additional 2 days of
imprisonment. The |
imprisonment or assignment of community service under this |
subdivision (c-5)(1) is not subject to suspension, nor is |
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the person eligible for
a reduced sentence.
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(2) Except as provided in subdivisions (c-5)(3) and |
(c-5)(4) a person who
violates
subsection (a) a second |
time, if at the time of
the second violation the person was |
transporting a person under the age of 16,
is subject to an |
additional 10 days of imprisonment, an additional |
mandatory
minimum fine of $1,000, and an additional |
mandatory minimum 140 hours of
community service, which |
shall include 40 hours of community service in a
program |
benefiting children.
The imprisonment or assignment of |
community service under this subdivision (c-5)(2)
is not |
subject to suspension, nor is the person eligible for a |
reduced
sentence.
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(3) Except as provided in subdivision (c-5)(4), any |
person convicted of
violating subdivision (c-5)(2) or a |
similar
provision within 10 years of a previous violation |
of subsection (a) or a
similar provision shall receive, in |
addition to any other penalty imposed, a
mandatory minimum |
12 days imprisonment, an additional 40 hours of mandatory
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community service in a program benefiting children, and a |
mandatory minimum
fine of $1,750. The imprisonment or |
assignment of community service under this subdivision |
(c-5)(3) is not subject to suspension, nor is the person
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eligible for a reduced sentence.
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(4) Any person convicted of violating subdivision |
(c-5)(2) or a similar
provision within 5 years of a |
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previous violation of subsection (a) or a similar
provision |
shall receive, in addition to any other penalty imposed, an
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additional 80 hours of mandatory community service in a |
program benefiting
children, an additional mandatory |
minimum 12 days of imprisonment, and a
mandatory minimum |
fine of $1,750. The imprisonment or assignment of community
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service under this subdivision (c-5)(4)
is not subject to |
suspension, nor
is the
person eligible for a reduced |
sentence.
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(5) Any person convicted a third time for violating |
subsection (a) or a
similar provision, if at the time of |
the third violation the person was
transporting a person |
under the age of 16, is guilty of a Class 4 felony and |
shall
receive, in addition to any other
penalty imposed, an |
additional mandatory fine of $1,000, an additional
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mandatory 140 hours of community service, which shall |
include 40 hours in a
program benefiting children, and a |
mandatory minimum 30 days of imprisonment.
The |
imprisonment or assignment of community service under this |
subdivision (c-5)(5)
is not subject to suspension, nor is |
the person eligible for a reduced
sentence.
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(6) Any person convicted of violating subdivision |
(c-5)(5) or a similar
provision a third time within 20 |
years of a previous violation of subsection
(a) or a
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similar provision is guilty of a Class 4 felony and shall |
receive, in addition
to any other penalty imposed, an |
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additional mandatory 40 hours of community
service in a |
program benefiting children, an additional mandatory fine |
of
$3,000, and a mandatory minimum 120 days of |
imprisonment. The imprisonment or
assignment of community |
service under this subdivision (c-5)(6) is not subject to
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suspension, nor is the person eligible for a reduced |
sentence.
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(7) Any person convicted a fourth or subsequent time |
for violating
subsection (a) or a similar provision, if at |
the time of the fourth or
subsequent violation the person |
was transporting a person under the age of 16,
and if the |
person's 3 prior violations of subsection (a) or a
similar |
provision
occurred while transporting a person under the |
age of 16 or while the alcohol
concentration in his or her |
blood, breath, or urine was 0.16 or more based
on the |
definition of blood, breath, or urine units in Section |
11-501.2, is
guilty of a Class 2 felony, is not eligible |
for probation or conditional
discharge, and is subject to a |
minimum fine of $3,000.
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(c-6)(1) Any person convicted of a first violation of |
subsection (a) or a
similar provision, if the alcohol |
concentration in his or her blood, breath, or
urine was |
0.16 or more based on the definition of blood, breath, or |
urine
units in Section 11-501.2, shall be subject, in |
addition to any other penalty
that may be imposed, to a |
mandatory minimum of 100 hours of community service
and a |
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mandatory minimum fine of $500.
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(2) Any person convicted of a second violation of |
subsection (a) or a similar provision committed within 10 |
years of a previous violation of subsection (a) or a |
similar provision, if at the time of the second violation |
of subsection (a) or a similar provision the
alcohol |
concentration in his or her blood, breath, or urine was |
0.16 or more
based on the definition of blood, breath, or |
urine units in Section 11-501.2,
shall be
subject, in |
addition to any other penalty that may be imposed, to a |
mandatory
minimum of 2 days of imprisonment and a mandatory |
minimum fine of $1,250.
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(3) Any person convicted of a third violation of |
subsection (a) or a
similar provision within 20 years of a |
previous violation of subsection (a) or
a
similar |
provision, if at the time of the third violation of |
subsection (a) or a
similar provision the alcohol |
concentration in his or her blood, breath, or
urine was |
0.16 or more based on the definition of blood, breath, or |
urine units
in Section 11-501.2, is guilty of a Class 4 |
felony and shall be subject, in
addition to any other |
penalty that may be imposed, to a mandatory minimum of
90 |
days of imprisonment and a mandatory minimum fine of |
$2,500.
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(4) Any person convicted of a fourth or subsequent |
violation of
subsection
(a) or a similar provision, if at |
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the time of the fourth or subsequent
violation the alcohol |
concentration in his or her blood, breath, or urine was
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0.16 or more based on the definition of blood, breath, or |
urine units in
Section 11-501.2, and if the person's 3 |
prior violations of subsection (a) or a
similar provision |
occurred while transporting a person under the age of 16 or
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while the alcohol concentration in his or her blood, |
breath, or urine was 0.16
or more based on the definition |
of blood, breath, or urine units in Section
11-501.2, is |
guilty of a Class 2 felony and is not eligible for a |
sentence of
probation or conditional discharge and is |
subject to a minimum fine of
$2,500.
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(d) (1) Every person convicted of committing a violation of |
this Section
shall be guilty of aggravated driving under |
the influence of alcohol,
other drug or drugs, or |
intoxicating compound or compounds, or any combination
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thereof if:
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(A) the person committed a violation of subsection |
(a) or a similar
provision for the
third or subsequent |
time;
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(B) the person committed a violation of subsection |
(a)
while
driving a school bus with persons 18 years of |
age or younger
on board;
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(C) the person in committing a violation of |
subsection
(a) was
involved in a motor vehicle accident |
that resulted in great bodily harm or
permanent |
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disability or disfigurement to another, when the |
violation was
a proximate cause of the injuries;
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(D) the person committed a violation of subsection |
(a)
for a
second time and has been previously convicted |
of violating Section 9-3 of the
Criminal Code of 1961 |
or a similar provision of a law of another state |
relating to reckless homicide in which the person was
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determined to have been under the influence of alcohol, |
other drug or
drugs, or intoxicating compound or |
compounds as an element of the offense or
the person |
has previously been convicted
under subparagraph (C) |
or subparagraph (F) of this paragraph (1);
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(E) the person, in committing a violation of |
subsection (a) while
driving at any speed in a school |
speed zone at a time when a speed limit of
20 miles per |
hour was in effect under subsection (a) of Section |
11-605 of
this Code, was involved in a motor vehicle |
accident that resulted in bodily
harm, other than great |
bodily harm or permanent disability or disfigurement,
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to another person, when the violation of subsection (a) |
was a
proximate cause
of the bodily harm; or
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(F) the person, in committing a violation of |
subsection (a), was
involved in a motor vehicle, |
snowmobile, all-terrain vehicle, or watercraft
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accident that resulted in
the death of another person, |
when the violation of subsection
(a) was
a proximate |
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cause of the death.
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(2) Except as provided in this paragraph (2), a person |
convicted of
aggravated driving under
the
influence of |
alcohol, other drug or
drugs,
or intoxicating compound or |
compounds, or any
combination thereof is guilty of a Class |
4 felony. For a violation of
subparagraph (C)
of
paragraph |
(1) of this subsection (d), the defendant, if sentenced to |
a term
of imprisonment, shall be sentenced
to not less than
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one year nor more than 12 years.
Aggravated driving under |
the influence of alcohol, other drug or drugs,
or |
intoxicating compound or compounds, or any combination |
thereof as
defined in subparagraph (F) of paragraph (1) of |
this subsection (d) is
a Class 2 felony, for which the |
defendant, if sentenced to a term of
imprisonment, shall be |
sentenced to: (A) a
term of imprisonment of not less than 3 |
years and not more
than 14 years if the violation resulted |
in the death of one person; or
(B) a term of imprisonment |
of not less than 6 years and not
more than 28 years if the |
violation resulted in the deaths of 2 or more
persons.
For |
any prosecution under this subsection
(d), a certified copy |
of the
driving abstract of the defendant shall be admitted |
as proof of any prior
conviction.
Any person sentenced |
under this subsection (d) who receives a term of
probation
|
or conditional discharge must serve a minimum term of |
either 480 hours of
community service or 10 days of |
imprisonment as a condition of the probation or
conditional |
|
discharge. This mandatory minimum term of imprisonment or
|
assignment of community service may not be suspended or |
reduced by the court.
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(e) After a finding of guilt and prior to any final |
sentencing, or an
order for supervision, for an offense based |
upon an arrest for a
violation of this Section or a similar |
provision of a local ordinance,
individuals shall be required |
to undergo a professional evaluation to
determine if an |
alcohol, drug, or intoxicating compound abuse problem exists
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and the
extent of the problem, and undergo the imposition of |
treatment as appropriate.
Programs conducting these |
evaluations shall be
licensed by the Department of Human |
Services. The cost of any professional
evaluation shall be paid |
for by the
individual
required to undergo the professional |
evaluation.
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(e-1) Any person who is found guilty of or pleads guilty to |
violating this
Section, including any person receiving a |
disposition of court supervision for
violating this Section, |
may be required by the Court to attend a victim
impact panel |
offered by, or under contract with, a County State's Attorney's
|
office, a probation and court services department, Mothers |
Against Drunk
Driving,
or the Alliance Against Intoxicated |
Motorists.
All costs generated by
the victim impact panel shall |
be paid from fees collected from the
offender or as may be |
determined by the court.
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(f) Every person found guilty of violating this Section, |
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whose
operation of a motor vehicle while in violation of this |
Section proximately
caused any incident resulting in an |
appropriate emergency response, shall
be liable for the expense |
of an emergency response as provided in subsection (m) of this |
Section.
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(g) The Secretary of State shall revoke the driving |
privileges of any
person convicted under this Section or a |
similar provision of a local
ordinance.
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(h) (Blank).
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(i) The Secretary of State shall require the use of |
ignition interlock
devices on all vehicles owned by an |
individual who has been convicted of a
second
or subsequent |
offense of this Section or a similar provision of a local
|
ordinance. The Secretary shall establish by rule and regulation |
the procedures
for certification and use of the interlock |
system.
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(j) In addition to any other penalties and liabilities, a |
person who is
found guilty of or pleads guilty to violating |
subsection (a), including any
person placed on court |
supervision for violating subsection (a), shall be fined
$500, |
payable to the
circuit clerk, who shall distribute the money as |
follows: 20% to the law enforcement agency
that made the arrest |
and 80% shall be forwarded to the State Treasurer for deposit |
into the General Revenue Fund. If the person has been |
previously convicted of violating
subsection (a) or a similar |
provision of a local
ordinance, the fine shall be
$1,000. In |
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the event that more than one agency is responsible
for the |
arrest, the amount payable to law enforcement agencies shall be |
shared equally. Any moneys received
by a law
enforcement agency |
under this subsection (j) shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law
enforcement equipment and |
commodities that will assist in the prevention of alcohol |
related
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations. Equipment and commodities |
shall include, but are not limited
to, in-car video cameras, |
radar and laser speed detection devices, and alcohol
breath |
testers.
Any moneys received by the Department of State Police |
under this subsection
(j) shall be deposited into the State |
Police DUI Fund and shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the
purchase of law enforcement equipment and |
commodities that will assist in the prevention of
alcohol |
related criminal violence throughout the State; police officer |
|
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(k) The Secretary of State Police DUI Fund is created as a |
special
fund in the State treasury. All moneys received by the |
Secretary of State
Police under subsection (j) of this Section |
shall be deposited into the
Secretary of State Police DUI Fund |
and, subject to appropriation, shall be
used for enforcement |
and prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law enforcement equipment and |
commodities to assist in the prevention of
alcohol related |
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(l) Whenever an individual is sentenced for an offense |
based upon an
arrest for a violation of subsection (a) or a |
similar provision of a local
ordinance, and the professional |
evaluation recommends remedial or
rehabilitative treatment or |
education, neither the treatment nor the education
shall be the |
|
sole disposition and either or both may be imposed only in
|
conjunction with another disposition. The court shall monitor |
compliance with
any remedial education or treatment |
recommendations contained in the
professional evaluation. |
Programs conducting alcohol or other drug evaluation
or |
remedial education must be licensed by the Department of Human |
Services. If
the individual is not a resident of Illinois, |
however, the court may accept an
alcohol or other drug |
evaluation or remedial education program in the
individual's |
state of residence. Programs providing treatment must be |
licensed
under existing applicable alcoholism and drug |
treatment licensure standards.
|
(m) In addition to any other fine or penalty required by |
law, an individual
convicted of a violation of subsection (a), |
Section 5-7 of the Snowmobile
Registration and Safety Act, |
Section 5-16 of the Boat Registration and Safety
Act, or a |
similar provision, whose operation of a motor vehicle, |
snowmobile, or
watercraft while in
violation of subsection (a), |
Section 5-7 of the Snowmobile Registration and
Safety Act, |
Section 5-16 of the Boat Registration and Safety Act, or a |
similar
provision proximately caused an incident resulting in |
an appropriate emergency
response, shall be required to make |
restitution to a public agency for the
costs of that emergency |
response. The restitution may not exceed $1,000 per
public |
agency for each emergency response. As used in this subsection |
(m),
"emergency response" means any incident requiring a |
|
response by a police
officer, a firefighter carried on the |
rolls of a regularly constituted fire
department, or an |
ambulance.
|
(Source: P.A. 93-1093, eff. 3-29-05; 94-963, eff. 6-28-06; |
95-149, eff. 8-14-07; 95-355, eff. 1-1-08; revised 11-28-07.)
|
(Text of Section from P.A. 94-110, 94-963, 95-149, and |
95-355) |
Sec. 11-501. Driving while under the influence of alcohol, |
other drug or
drugs, intoxicating compound or compounds or any |
combination thereof.
|
(a) A person shall not drive or be in actual
physical |
control of any vehicle within this State while:
|
(1) the alcohol concentration in the person's blood or |
breath is 0.08
or more based on the definition of blood and |
breath units in Section 11-501.2;
|
(2) under the influence of alcohol;
|
(3) under the influence of any intoxicating compound or |
combination of
intoxicating compounds to a degree that |
renders the person incapable of
driving safely;
|
(4) under the influence of any other drug or |
combination of drugs to a
degree that renders the person |
incapable of safely driving;
|
(5) under the combined influence of alcohol, other drug |
or drugs, or
intoxicating compound or compounds to a degree |
that renders the person
incapable of safely driving; or
|
|
(6) there is any amount of a drug, substance, or |
compound in the
person's breath, blood, or urine resulting |
from the unlawful use or consumption
of cannabis listed in |
the Cannabis Control Act, a controlled substance listed
in |
the Illinois Controlled Substances Act, an intoxicating |
compound listed
in the Use of Intoxicating Compounds Act, |
or methamphetamine as listed in the Methamphetamine |
Control and Community Protection Act.
|
(b) The fact that any person charged with violating this |
Section is or
has been legally entitled to use alcohol, other |
drug or drugs, or
intoxicating compound or compounds, or any
|
combination thereof, shall not constitute a defense against any |
charge of
violating this Section.
|
(b-1) With regard to penalties imposed under this Section:
|
(1) Any reference to a prior violation of subsection |
(a) or a similar
provision includes any violation of a |
provision of a local ordinance or a
provision of a law of |
another state or an offense committed on a military |
installation that is similar to a violation of
subsection |
(a) of this Section.
|
(2) Any penalty imposed for driving with a license that |
has been revoked
for a previous violation of subsection (a) |
of this Section shall be in
addition to the penalty imposed |
for any subsequent violation of subsection (a).
|
(b-2) Except as otherwise provided in this Section, any |
person convicted of
violating subsection (a) of this Section is |
|
guilty of a Class A misdemeanor.
|
(b-3) In addition to any other criminal or administrative |
sanction for any
second conviction of violating subsection (a) |
or a similar provision committed
within 5 years of a previous |
violation of subsection (a) or a similar
provision, the |
defendant shall be sentenced to a mandatory minimum of 5 days |
of
imprisonment or assigned a mandatory minimum of 240 hours of |
community service
as may be determined by the court.
|
(b-4) In the case of a third or subsequent violation |
committed within 5
years of a previous violation of subsection |
(a) or a similar provision, in
addition to any other criminal |
or administrative sanction, a mandatory minimum
term of either |
10 days of imprisonment or 480 hours of community service shall
|
be imposed.
|
(b-5) The imprisonment or assignment of community service |
under subsections
(b-3) and (b-4) shall not be subject to |
suspension, nor shall the person be
eligible for a reduced |
sentence.
|
(c) (Blank).
|
(c-1) (1) A person who violates subsection (a)
during
a |
period in which his
or her driving privileges are revoked |
or suspended, where the revocation or
suspension was for a |
violation of subsection (a) or a similar provision, Section
|
11-501.1, paragraph (b)
of Section 11-401, or for reckless |
homicide as defined in Section 9-3 of
the Criminal Code of |
1961 is guilty of a
Class 4 felony.
|
|
(2) A person who violates subsection (a) a third
time, |
if the third violation occurs during a period in
which his |
or her driving privileges are revoked or suspended where |
the
revocation
or suspension was for a violation of |
subsection (a),
Section 11-501.1, paragraph
(b) of Section |
11-401, or for reckless homicide as defined in Section 9-3
|
of the Criminal Code of 1961, is guilty of
a Class 3 |
felony; and if the
person receives a term of
probation or |
conditional discharge, he or she shall be required to serve |
a
mandatory
minimum of 10 days of imprisonment or shall be |
assigned a mandatory minimum of
480 hours of community |
service, as may be determined by the court, as a
condition |
of the probation or conditional discharge. This mandatory |
minimum
term of imprisonment or assignment of community |
service shall not be suspended
or reduced by the court.
|
(2.2) A person who violates subsection (a), if the
|
violation occurs during a period in which his or her |
driving privileges are
revoked or suspended where the |
revocation or suspension was for a violation of
subsection |
(a) or Section 11-501.1, shall also be sentenced to an |
additional
mandatory minimum term of 30 consecutive days of |
imprisonment, 40 days of
24-hour periodic imprisonment, or |
720 hours of community service, as may be
determined by the |
court. This mandatory term of imprisonment or assignment of
|
community service shall not be suspended or reduced by the |
court.
|
|
(3) A person who violates subsection (a) a fourth or
|
subsequent time, if the fourth or subsequent violation |
occurs
during a period in which his
or her driving |
privileges are revoked or suspended where the revocation
or |
suspension was for a violation of subsection (a),
Section |
11-501.1, paragraph
(b) of Section 11-401, or for reckless |
homicide as defined in
Section 9-3
of
the Criminal Code of |
1961, is guilty of
a Class 2 felony and is not eligible for |
a sentence of probation or
conditional discharge.
|
(c-2) (Blank).
|
(c-3) (Blank).
|
(c-4) (Blank).
|
(c-5) Except as provided in subsection (c-5.1), a person 21 |
years of age or older who violates subsection (a), if the |
person was transporting
a person under the age of 16 at the |
time of the violation, is subject to 6 months of imprisonment, |
an
additional mandatory minimum fine of $1,000, and 25 days of |
community service in a program benefiting children. The |
imprisonment or assignment of community service under this
|
subsection (c-5) is not subject to suspension, nor is the |
person eligible for
a reduced sentence.
|
(c-5.1) A person 21 years of age or older who is convicted |
of violating subsection (a) of this Section
a
first time and |
who in committing that violation was involved in a motor |
vehicle
accident that resulted in bodily harm to the child |
under the age of 16 being
transported by the person, if the |
|
violation was the proximate cause of the
injury, is guilty of a |
Class 4 felony and is subject to one year of
imprisonment,
a |
mandatory fine of $2,500, and 25 days of community service in a |
program
benefiting children. The imprisonment or assignment to |
community service under
this subsection (c-5.1) shall not be |
subject to suspension, nor shall the person be
eligible for |
probation in order to reduce the sentence or assignment.
|
(c-6) Except as provided in subsections (c-7) and (c-7.1), |
a person 21 years of age or older who
violates
subsection (a) a |
second time, if at the time of
the second violation the person |
was transporting a person under the age of 16,
is subject to 6 |
months of imprisonment, an additional mandatory
minimum fine of |
$1,000, and an additional mandatory minimum 140 hours of
|
community service, which shall include 40 hours of community |
service in a
program benefiting children.
The imprisonment or |
assignment of community service under this subsection (c-6)
is |
not subject to suspension, nor is the person eligible for a |
reduced
sentence.
|
(c-7) Except as provided in subsection (c-7.1), any person |
21 years of age or older convicted of
violating subsection |
(c-6) or a similar
provision within 10 years of a previous |
violation of subsection (a) or a
similar provision is guilty of |
a Class 4 felony and, in addition to any other penalty imposed, |
is subject to one year of
imprisonment, 25 days of mandatory
|
community service in a program benefiting children, and a |
mandatory
fine of $2,500. The imprisonment or assignment of |
|
community service under this
subsection (c-7) is not subject to |
suspension, nor is the person
eligible for a reduced sentence.
|
(c-7.1) A person 21 years of age or older who is convicted |
of violating subsection (a) of this Section
a
second time |
within 10 years and who in committing that violation was |
involved
in a motor vehicle accident that resulted in bodily |
harm to the child under the
age of 16 being transported, if the |
violation was the proximate cause of the
injury, is guilty of a |
Class 4 felony and is subject to 18 months of
imprisonment, a
|
mandatory fine of $5,000, and 25 days of community service in a |
program
benefiting
children. The imprisonment or assignment to |
community service under this
subsection
(c-7.1) shall not be |
subject to suspension, nor shall the person be eligible for
|
probation in order
to reduce the sentence or assignment.
|
(c-8) (Blank).
|
(c-9) Any person 21 years of age or older convicted a third |
time for violating subsection (a) or a
similar provision, if at |
the time of the third violation the person was
transporting a |
person under the age of 16, is guilty of a Class 4 felony and is |
subject to 18 months of imprisonment, a mandatory fine of |
$2,500, and 25 days of community service in a
program |
benefiting children.
The imprisonment or assignment of |
community service under this subsection (c-9)
is not subject to |
suspension, nor is the person eligible for a reduced
sentence.
|
(c-10) Any person 21 years of age or older convicted of |
violating subsection (c-9) or a similar
provision a third time |
|
within 20 years of a previous violation of subsection
(a) or a
|
similar provision is guilty of a Class 3 felony and, in |
addition
to any other penalty imposed, is subject to 3 years of |
imprisonment, 25 days of community
service in a program |
benefiting children, and a mandatory fine of
$25,000. The |
imprisonment or
assignment of community service under this |
subsection (c-10) is not subject to
suspension, nor is the |
person eligible for a reduced sentence.
|
(c-11) Any person 21 years of age or older convicted a |
fourth or subsequent time for violating
subsection (a) or a |
similar provision, if at the time of the fourth or
subsequent |
violation the person was transporting a person under the age of |
16,
and if the person's 3 prior violations of subsection (a) or |
a similar provision
occurred while transporting a person under |
the age of 16 or while the alcohol
concentration in his or her |
blood, breath, or urine was 0.16 or more based
on the |
definition of blood, breath, or urine units in Section |
11-501.2, is
guilty of a Class 2 felony, is not eligible for |
probation or conditional
discharge, and is subject to a minimum |
fine of $25,000.
|
(c-12) Any person convicted of a first violation of |
subsection (a) or a
similar provision, if the alcohol |
concentration in his or her blood, breath, or
urine was 0.16 or |
more based on the definition of blood, breath, or urine
units |
in Section 11-501.2, shall be subject, in addition to any other |
penalty
that may be imposed, to a mandatory minimum of 100 |
|
hours of community service
and a mandatory minimum fine of |
$500.
|
(c-13) Any person convicted of a second violation of |
subsection (a) or a similar provision committed within 10 years |
of a previous violation of subsection (a) or a similar |
provision, if at the time of the second violation of subsection |
(a) or a similar provision the
alcohol concentration in his or |
her blood, breath, or urine was 0.16 or more
based on the |
definition of blood, breath, or urine units in Section |
11-501.2,
shall be
subject, in addition to any other penalty |
that may be imposed, to a mandatory
minimum of 2 days of |
imprisonment and a mandatory minimum fine of $1,250.
|
(c-14) Any person convicted of a third violation of |
subsection (a) or a
similar provision within 20 years of a |
previous violation of subsection (a) or
a
similar provision, if |
at the time of the third violation of subsection (a) or a
|
similar provision the alcohol concentration in his or her |
blood, breath, or
urine was 0.16 or more based on the |
definition of blood, breath, or urine units
in Section |
11-501.2, is guilty of a Class 4 felony and shall be subject, |
in
addition to any other penalty that may be imposed, to a |
mandatory minimum of
90 days of imprisonment and a mandatory |
minimum fine of $2,500.
|
(c-15) Any person convicted of a fourth or subsequent |
violation of
subsection
(a) or a similar provision, if at the |
time of the fourth or subsequent
violation the alcohol |
|
concentration in his or her blood, breath, or urine was
0.16 or |
more based on the definition of blood, breath, or urine units |
in
Section 11-501.2, and if the person's 3 prior violations of |
subsection (a) or a
similar provision occurred while |
transporting a person under the age of 16 or
while the alcohol |
concentration in his or her blood, breath, or urine was 0.16
or |
more based on the definition of blood, breath, or urine units |
in Section
11-501.2, is guilty of a Class 2 felony and is not |
eligible for a sentence of
probation or conditional discharge |
and is subject to a minimum fine of
$2,500.
|
(d) (1) Every person convicted of committing a violation of |
this Section
shall be guilty of aggravated driving under |
the influence of alcohol,
other drug or drugs, or |
intoxicating compound or compounds, or any combination
|
thereof if:
|
(A) the person committed a violation of subsection |
(a) or a similar
provision for the
third or subsequent |
time;
|
(B) the person committed a violation of subsection |
(a)
while
driving a school bus with persons 18 years of |
age or younger
on board;
|
(C) the person in committing a violation of |
subsection
(a) was
involved in a motor vehicle accident |
that resulted in great bodily harm or
permanent |
disability or disfigurement to another, when the |
violation was
a proximate cause of the injuries;
|
|
(D) the person committed a violation of subsection |
(a)
for a
second time and has been previously convicted |
of violating Section 9-3 of the
Criminal Code of 1961 |
or a similar provision of a law of another state |
relating to reckless homicide in which the person was
|
determined to have been under the influence of alcohol, |
other drug or
drugs, or intoxicating compound or |
compounds as an element of the offense or
the person |
has previously been convicted
under subparagraph (C) |
or subparagraph (F) of this paragraph (1);
|
(E) the person, in committing a violation of |
subsection (a) while
driving at any speed in a school |
speed zone at a time when a speed limit of
20 miles per |
hour was in effect under subsection (a) of Section |
11-605 of
this Code, was involved in a motor vehicle |
accident that resulted in bodily
harm, other than great |
bodily harm or permanent disability or disfigurement,
|
to another person, when the violation of subsection (a) |
was a
proximate cause
of the bodily harm; or
|
(F) the person, in committing a violation of |
subsection (a), was
involved in a motor vehicle, |
snowmobile, all-terrain vehicle, or watercraft
|
accident that resulted in
the death of another person, |
when the violation of subsection
(a) was
a proximate |
cause of the death.
|
(2) Except as provided in this paragraph (2), a person |
|
convicted of
aggravated driving under
the
influence of |
alcohol, other drug or
drugs,
or intoxicating compound or |
compounds, or any
combination thereof is guilty of a Class |
4 felony. For a violation of
subparagraph (C)
of
paragraph |
(1) of this subsection (d), the defendant, if sentenced to |
a term
of imprisonment, shall be sentenced
to not less than
|
one year nor more than 12 years.
Aggravated driving under |
the influence of alcohol, other drug or drugs,
or |
intoxicating compound or compounds, or any combination |
thereof as
defined in subparagraph (F) of paragraph (1) of |
this subsection (d) is
a Class 2 felony, for which the |
defendant, if sentenced to a term of
imprisonment, shall be |
sentenced to: (A) a
term of imprisonment of not less than 3 |
years and not more
than 14 years if the violation resulted |
in the death of one person; or
(B) a term of imprisonment |
of not less than 6 years and not
more than 28 years if the |
violation resulted in the deaths of 2 or more
persons.
For |
any prosecution under this subsection
(d), a certified copy |
of the
driving abstract of the defendant shall be admitted |
as proof of any prior
conviction.
Any person sentenced |
under this subsection (d) who receives a term of
probation
|
or conditional discharge must serve a minimum term of |
either 480 hours of
community service or 10 days of |
imprisonment as a condition of the probation or
conditional |
discharge. This mandatory minimum term of imprisonment or
|
assignment of community service may not be suspended or |
|
reduced by the court.
|
(e) After a finding of guilt and prior to any final |
sentencing, or an
order for supervision, for an offense based |
upon an arrest for a
violation of this Section or a similar |
provision of a local ordinance,
individuals shall be required |
to undergo a professional evaluation to
determine if an |
alcohol, drug, or intoxicating compound abuse problem exists
|
and the
extent of the problem, and undergo the imposition of |
treatment as appropriate.
Programs conducting these |
evaluations shall be
licensed by the Department of Human |
Services. The cost of any professional
evaluation shall be paid |
for by the
individual
required to undergo the professional |
evaluation.
|
(e-1) Any person who is found guilty of or pleads guilty to |
violating this
Section, including any person receiving a |
disposition of court supervision for
violating this Section, |
may be required by the Court to attend a victim
impact panel |
offered by, or under contract with, a County State's Attorney's
|
office, a probation and court services department, Mothers |
Against Drunk
Driving,
or the Alliance Against Intoxicated |
Motorists.
All costs generated by
the victim impact panel shall |
be paid from fees collected from the
offender or as may be |
determined by the court.
|
(f) Every person found guilty of violating this Section, |
whose
operation of a motor vehicle while in violation of this |
Section proximately
caused any incident resulting in an |
|
appropriate emergency response, shall
be liable for the expense |
of an emergency response as provided in subsection (m) of this |
Section.
|
(g) The Secretary of State shall revoke the driving |
privileges of any
person convicted under this Section or a |
similar provision of a local
ordinance.
|
(h) (Blank).
|
(i) The Secretary of State shall require the use of |
ignition interlock
devices on all vehicles owned by an |
individual who has been convicted of a
second
or subsequent |
offense of this Section or a similar provision of a local
|
ordinance. The Secretary shall establish by rule and regulation |
the procedures
for certification and use of the interlock |
system.
|
(j) In addition to any other penalties and liabilities, a |
person who is
found guilty of or pleads guilty to violating |
subsection (a), including any
person placed on court |
supervision for violating subsection (a), shall be fined
$500, |
payable to the
circuit clerk, who shall distribute the money as |
follows: 20% to the law enforcement agency
that made the arrest |
and 80% shall be forwarded to the State Treasurer for deposit |
into the General Revenue Fund. If the person has been |
previously convicted of violating
subsection (a) or a similar |
provision of a local
ordinance, the fine shall be
$1,000. In |
the event that more than one agency is responsible
for the |
arrest, the amount payable to law enforcement agencies shall be |
|
shared equally. Any moneys received
by a law
enforcement agency |
under this subsection (j) shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law
enforcement equipment and |
commodities that will assist in the prevention of alcohol |
related
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations. Equipment and commodities |
shall include, but are not limited
to, in-car video cameras, |
radar and laser speed detection devices, and alcohol
breath |
testers.
Any moneys received by the Department of State Police |
under this subsection
(j) shall be deposited into the State |
Police DUI Fund and shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the
purchase of law enforcement equipment and |
commodities that will assist in the prevention of
alcohol |
related criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
|
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(k) The Secretary of State Police DUI Fund is created as a |
special
fund in the State treasury. All moneys received by the |
Secretary of State
Police under subsection (j) of this Section |
shall be deposited into the
Secretary of State Police DUI Fund |
and, subject to appropriation, shall be
used for enforcement |
and prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law enforcement equipment and |
commodities to assist in the prevention of
alcohol related |
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(l) Whenever an individual is sentenced for an offense |
based upon an
arrest for a violation of subsection (a) or a |
similar provision of a local
ordinance, and the professional |
evaluation recommends remedial or
rehabilitative treatment or |
education, neither the treatment nor the education
shall be the |
sole disposition and either or both may be imposed only in
|
conjunction with another disposition. The court shall monitor |
|
compliance with
any remedial education or treatment |
recommendations contained in the
professional evaluation. |
Programs conducting alcohol or other drug evaluation
or |
remedial education must be licensed by the Department of Human |
Services. If
the individual is not a resident of Illinois, |
however, the court may accept an
alcohol or other drug |
evaluation or remedial education program in the
individual's |
state of residence. Programs providing treatment must be |
licensed
under existing applicable alcoholism and drug |
treatment licensure standards.
|
(m) In addition to any other fine or penalty required by |
law, an individual
convicted of a violation of subsection (a), |
Section 5-7 of the Snowmobile
Registration and Safety Act, |
Section 5-16 of the Boat Registration and Safety
Act, or a |
similar provision, whose operation of a motor vehicle, |
snowmobile, or
watercraft while in
violation of subsection (a), |
Section 5-7 of the Snowmobile Registration and
Safety Act, |
Section 5-16 of the Boat Registration and Safety Act, or a |
similar
provision proximately caused an incident resulting in |
an appropriate emergency
response, shall be required to make |
restitution to a public agency for the
costs of that emergency |
response. The restitution may not exceed $1,000 per
public |
agency for each emergency response. As used in this subsection |
(m),
"emergency response" means any incident requiring a |
response by a police
officer, a firefighter carried on the |
rolls of a regularly constituted fire
department, or an |
|
ambulance.
|
(Source: P.A. 94-110, eff. 1-1-06; 94-963, eff. 6-28-06; |
95-149, eff. 8-14-07; 95-355, eff. 1-1-08; revised 11-28-07.)
|
(Text of Section from P.A. 94-113, 94-609, 94-963, 95-149, |
and 95-355) |
Sec. 11-501. Driving while under the influence of alcohol, |
other drug or
drugs, intoxicating compound or compounds or any |
combination thereof.
|
(a) A person shall not drive or be in actual
physical |
control of any vehicle within this State while:
|
(1) the alcohol concentration in the person's blood or |
breath is 0.08
or more based on the definition of blood and |
breath units in Section 11-501.2;
|
(2) under the influence of alcohol;
|
(3) under the influence of any intoxicating compound or |
combination of
intoxicating compounds to a degree that |
renders the person incapable of
driving safely;
|
(4) under the influence of any other drug or |
combination of drugs to a
degree that renders the person |
incapable of safely driving;
|
(5) under the combined influence of alcohol, other drug |
or drugs, or
intoxicating compound or compounds to a degree |
that renders the person
incapable of safely driving; or
|
(6) there is any amount of a drug, substance, or |
compound in the
person's breath, blood, or urine resulting |
|
from the unlawful use or consumption
of cannabis listed in |
the Cannabis Control Act, a controlled substance listed
in |
the Illinois Controlled Substances Act, an intoxicating |
compound listed
in the Use of Intoxicating Compounds Act, |
or methamphetamine as listed in the Methamphetamine |
Control and Community Protection Act.
|
(b) The fact that any person charged with violating this |
Section is or
has been legally entitled to use alcohol, other |
drug or drugs, or
intoxicating compound or compounds, or any
|
combination thereof, shall not constitute a defense against any |
charge of
violating this Section.
|
(b-1) With regard to penalties imposed under this Section:
|
(1) Any reference to a prior violation of subsection |
(a) or a similar
provision includes any violation of a |
provision of a local ordinance or a
provision of a law of |
another state or an offense committed on a military |
installation that is similar to a violation of
subsection |
(a) of this Section.
|
(2) Any penalty imposed for driving with a license that |
has been revoked
for a previous violation of subsection (a) |
of this Section shall be in
addition to the penalty imposed |
for any subsequent violation of subsection (a).
|
(b-2) Except as otherwise provided in this Section, any |
person convicted of
violating subsection (a) of this Section is |
guilty of a Class A misdemeanor.
|
(b-3) In addition to any other criminal or administrative |
|
sanction for any
second conviction of violating subsection (a) |
or a similar provision committed
within 5 years of a previous |
violation of subsection (a) or a similar
provision, the |
defendant shall be sentenced to a mandatory minimum of 5 days |
of
imprisonment or assigned a mandatory minimum of 240 hours of |
community service
as may be determined by the court.
|
(b-4) In the case of a third or subsequent violation |
committed within 5
years of a previous violation of subsection |
(a) or a similar provision, in
addition to any other criminal |
or administrative sanction, a mandatory minimum
term of either |
10 days of imprisonment or 480 hours of community service shall
|
be imposed.
|
(b-5) The imprisonment or assignment of community service |
under subsections
(b-3) and (b-4) shall not be subject to |
suspension, nor shall the person be
eligible for a reduced |
sentence.
|
(c) (Blank).
|
(c-1) (1) A person who violates subsection (a)
during
a |
period in which his
or her driving privileges are revoked |
or suspended, where the revocation or
suspension was for a |
violation of subsection (a) or a similar provision, Section
|
11-501.1, paragraph (b)
of Section 11-401, or for reckless |
homicide as defined in Section 9-3 of
the Criminal Code of |
1961 is guilty of a
Class 4 felony.
|
(2) A person who violates subsection (a) a third
time, |
if the third violation occurs during a period in
which his |
|
or her driving privileges are revoked or suspended where |
the
revocation
or suspension was for a violation of |
subsection (a),
Section 11-501.1, paragraph
(b) of Section |
11-401, or for reckless homicide as defined in Section 9-3
|
of the Criminal Code of 1961, is guilty of
a Class 3 |
felony. |
(2.1) A person who violates subsection (a) a third |
time, if the third
violation occurs during a period in |
which his or her driving privileges are
revoked or |
suspended where the revocation or suspension was for a |
violation of
subsection (a), Section 11-501.1, subsection |
(b) of Section 11-401, or for
reckless homicide as defined |
in Section
9-3 of the Criminal Code of 1961, is guilty of a |
Class 3 felony; and if the
person receives a term of
|
probation or conditional discharge, he or she shall be |
required to serve a
mandatory
minimum of 10 days of |
imprisonment or shall be assigned a mandatory minimum of
|
480 hours of community service, as may be determined by the |
court, as a
condition of the probation or conditional |
discharge. This mandatory minimum
term of imprisonment or |
assignment of community service shall not be suspended
or |
reduced by the court.
|
(2.2) A person who violates subsection (a), if the
|
violation occurs during a period in which his or her |
driving privileges are
revoked or suspended where the |
revocation or suspension was for a violation of
subsection |
|
(a) or Section 11-501.1, shall also be sentenced to an |
additional
mandatory minimum term of 30 consecutive days of |
imprisonment, 40 days of
24-hour periodic imprisonment, or |
720 hours of community service, as may be
determined by the |
court. This mandatory term of imprisonment or assignment of
|
community service shall not be suspended or reduced by the |
court.
|
(3) A person who violates subsection (a) a fourth or
|
subsequent time, if the fourth or subsequent violation |
occurs
during a period in which his
or her driving |
privileges are revoked or suspended where the revocation
or |
suspension was for a violation of subsection (a),
Section |
11-501.1, paragraph
(b) of Section 11-401, or for reckless |
homicide as defined in
Section 9-3
of
the Criminal Code of |
1961, is guilty of
a Class 2 felony and is not eligible for |
a sentence of probation or
conditional discharge.
|
(c-2) (Blank).
|
(c-3) (Blank).
|
(c-4) (Blank).
|
(c-5) A person who violates subsection (a), if the person |
was transporting
a person under the age of 16 at the time of |
the violation, is subject to an
additional mandatory minimum |
fine of $1,000, an additional mandatory minimum
140 hours of |
community service, which shall include 40 hours of community
|
service in a program benefiting children, and an additional 2 |
days of
imprisonment. The imprisonment or assignment of |
|
community service under this
subsection (c-5) is not subject to |
suspension, nor is the person eligible for
a reduced sentence.
|
(c-6) Except as provided in subsections (c-7) and (c-8) a |
person who
violates
subsection (a) a second time, if at the |
time of
the second violation the person was transporting a |
person under the age of 16,
is subject to an additional 10 days |
of imprisonment, an additional mandatory
minimum fine of |
$1,000, and an additional mandatory minimum 140 hours of
|
community service, which shall include 40 hours of community |
service in a
program benefiting children.
The imprisonment or |
assignment of community service under this subsection (c-6)
is |
not subject to suspension, nor is the person eligible for a |
reduced
sentence.
|
(c-7) Except as provided in subsection (c-8), any person |
convicted of
violating subsection (c-6) or a similar
provision |
within 10 years of a previous violation of subsection (a) or a
|
similar provision shall receive, in addition to any other |
penalty imposed, a
mandatory minimum 12 days imprisonment, an |
additional 40 hours of mandatory
community service in a program |
benefiting children, and a mandatory minimum
fine of $1,750. |
The imprisonment or assignment of community service under this
|
subsection (c-7) is not subject to suspension, nor is the |
person
eligible for a reduced sentence.
|
(c-8) Any person convicted of violating subsection (c-6) or |
a similar
provision within 5 years of a previous violation of |
subsection (a) or a similar
provision shall receive, in |
|
addition to any other penalty imposed, an
additional 80 hours |
of mandatory community service in a program benefiting
|
children, an additional mandatory minimum 12 days of |
imprisonment, and a
mandatory minimum fine of $1,750. The |
imprisonment or assignment of community
service under this |
subsection (c-8) is not subject to suspension, nor
is the
|
person eligible for a reduced sentence.
|
(c-9) Any person convicted a third time for violating |
subsection (a) or a
similar provision, if at the time of the |
third violation the person was
transporting a person under the |
age of 16, is guilty of a Class 4 felony and shall
receive, in |
addition to any other
penalty imposed, an additional mandatory |
fine of $1,000, an additional
mandatory 140 hours of community |
service, which shall include 40 hours in a
program benefiting |
children, and a mandatory minimum 30 days of imprisonment.
The |
imprisonment or assignment of community service under this |
subsection (c-9)
is not subject to suspension, nor is the |
person eligible for a reduced
sentence.
|
(c-10) Any person convicted of violating subsection (c-9) |
or a similar
provision a third time within 20 years of a |
previous violation of subsection
(a) or a
similar provision is |
guilty of a Class 4 felony and shall receive, in addition
to |
any other penalty imposed, an additional mandatory 40 hours of |
community
service in a program benefiting children, an |
additional mandatory fine of
$3,000, and a mandatory minimum |
120 days of imprisonment. The imprisonment or
assignment of |
|
community service under this subsection (c-10) is not subject |
to
suspension, nor is the person eligible for a reduced |
sentence.
|
(c-11) Any person convicted a fourth or subsequent time for |
violating
subsection (a) or a similar provision, if at the time |
of the fourth or
subsequent violation the person was |
transporting a person under the age of 16,
and if the person's |
3 prior violations of subsection (a) or a similar provision
|
occurred while transporting a person under the age of 16 or |
while the alcohol
concentration in his or her blood, breath, or |
urine was 0.16 or more based
on the definition of blood, |
breath, or urine units in Section 11-501.2, is
guilty of a |
Class 2 felony, is not eligible for probation or conditional
|
discharge, and is subject to a minimum fine of $3,000.
|
(c-12) Any person convicted of a first violation of |
subsection (a) or a
similar provision, if the alcohol |
concentration in his or her blood, breath, or
urine was 0.16 or |
more based on the definition of blood, breath, or urine
units |
in Section 11-501.2, shall be subject, in addition to any other |
penalty
that may be imposed, to a mandatory minimum of 100 |
hours of community service
and a mandatory minimum fine of |
$500.
|
(c-13) Any person convicted of a second violation of |
subsection (a) or a similar provision committed within 10 years |
of a previous violation of subsection (a) or a similar |
provision committed within 10 years of a previous violation of |
|
subsection (a) or a similar provision, if at the time of the |
second violation of subsection (a) the
alcohol concentration in |
his or her blood, breath, or urine was 0.16 or more
based on |
the definition of blood, breath, or urine units in Section |
11-501.2,
shall be
subject, in addition to any other penalty |
that may be imposed, to a mandatory
minimum of 2 days of |
imprisonment and a mandatory minimum fine of $1,250.
|
(c-14) Any person convicted of a third violation of |
subsection (a) or a
similar provision within 20 years of a |
previous violation of subsection (a) or
a
similar provision, if |
at the time of the third violation of subsection (a) or a
|
similar provision the alcohol concentration in his or her |
blood, breath, or
urine was 0.16 or more based on the |
definition of blood, breath, or urine units
in Section |
11-501.2, is guilty of a Class 4 felony and shall be subject, |
in
addition to any other penalty that may be imposed, to a |
mandatory minimum of
90 days of imprisonment and a mandatory |
minimum fine of $2,500.
|
(c-15) Any person convicted of a fourth or subsequent |
violation of
subsection
(a) or a similar provision, if at the |
time of the fourth or subsequent
violation the alcohol |
concentration in his or her blood, breath, or urine was
0.16 or |
more based on the definition of blood, breath, or urine units |
in
Section 11-501.2, and if the person's 3 prior violations of |
subsection (a) or a
similar provision occurred while |
transporting a person under the age of 16 or
while the alcohol |
|
concentration in his or her blood, breath, or urine was 0.16
or |
more based on the definition of blood, breath, or urine units |
in Section
11-501.2, is guilty of a Class 2 felony and is not |
eligible for a sentence of
probation or conditional discharge |
and is subject to a minimum fine of
$2,500.
|
(d) (1) Every person convicted of committing a violation of |
this Section
shall be guilty of aggravated driving under |
the influence of alcohol,
other drug or drugs, or |
intoxicating compound or compounds, or any combination
|
thereof if:
|
(A) the person committed a violation of subsection |
(a) or a similar
provision for the
third or subsequent |
time;
|
(B) the person committed a violation of subsection |
(a)
while
driving a school bus with persons 18 years of |
age or younger
on board;
|
(C) the person in committing a violation of |
subsection
(a) was
involved in a motor vehicle accident |
that resulted in great bodily harm or
permanent |
disability or disfigurement to another, when the |
violation was
a proximate cause of the injuries;
|
(D) the person committed a violation of subsection |
(a)
for a
second time and has been previously convicted |
of violating Section 9-3 of the
Criminal Code of 1961 |
or a similar provision of a law of another state |
relating to reckless homicide in which the person was
|
|
determined to have been under the influence of alcohol, |
other drug or
drugs, or intoxicating compound or |
compounds as an element of the offense or
the person |
has previously been convicted
under subparagraph (C) |
or subparagraph (F) of this paragraph (1);
|
(E) the person, in committing a violation of |
subsection (a) while
driving at any speed in a school |
speed zone at a time when a speed limit of
20 miles per |
hour was in effect under subsection (a) of Section |
11-605 of
this Code, was involved in a motor vehicle |
accident that resulted in bodily
harm, other than great |
bodily harm or permanent disability or disfigurement,
|
to another person, when the violation of subsection (a) |
was a
proximate cause
of the bodily harm; or
|
(F) the person, in committing a violation of |
subsection (a), was
involved in a motor vehicle, |
snowmobile, all-terrain vehicle, or watercraft
|
accident that resulted in
the death of another person, |
when the violation of subsection
(a) was
a proximate |
cause of the death.
|
(2) Except as provided in this paragraph (2), a person |
convicted of
aggravated driving under
the
influence of |
alcohol, other drug or
drugs,
or intoxicating compound or |
compounds, or any
combination thereof is guilty of a Class |
4 felony. For a violation of
subparagraph (C)
of
paragraph |
(1) of this subsection (d), the defendant, if sentenced to |
|
a term
of imprisonment, shall be sentenced
to not less than
|
one year nor more than 12 years.
Aggravated driving under |
the influence of alcohol, other drug or drugs,
or |
intoxicating compound or compounds, or any combination |
thereof as
defined in subparagraph (F) of paragraph (1) of |
this subsection (d) is
a Class 2 felony, for which the |
defendant, unless the court determines that extraordinary |
circumstances exist and require probation, shall be |
sentenced to: (A) a
term of imprisonment of not less than 3 |
years and not more
than 14 years if the violation resulted |
in the death of one person; or
(B) a term of imprisonment |
of not less than 6 years and not
more than 28 years if the |
violation resulted in the deaths of 2 or more
persons.
For |
any prosecution under this subsection
(d), a certified copy |
of the
driving abstract of the defendant shall be admitted |
as proof of any prior
conviction.
Any person sentenced |
under this subsection (d) who receives a term of
probation
|
or conditional discharge must serve a minimum term of |
either 480 hours of
community service or 10 days of |
imprisonment as a condition of the probation or
conditional |
discharge. This mandatory minimum term of imprisonment or
|
assignment of community service may not be suspended or |
reduced by the court.
|
(e) After a finding of guilt and prior to any final |
sentencing, or an
order for supervision, for an offense based |
upon an arrest for a
violation of this Section or a similar |
|
provision of a local ordinance,
individuals shall be required |
to undergo a professional evaluation to
determine if an |
alcohol, drug, or intoxicating compound abuse problem exists
|
and the
extent of the problem, and undergo the imposition of |
treatment as appropriate.
Programs conducting these |
evaluations shall be
licensed by the Department of Human |
Services. The cost of any professional
evaluation shall be paid |
for by the
individual
required to undergo the professional |
evaluation.
|
(e-1) Any person who is found guilty of or pleads guilty to |
violating this
Section, including any person receiving a |
disposition of court supervision for
violating this Section, |
may be required by the Court to attend a victim
impact panel |
offered by, or under contract with, a County State's Attorney's
|
office, a probation and court services department, Mothers |
Against Drunk
Driving,
or the Alliance Against Intoxicated |
Motorists.
All costs generated by
the victim impact panel shall |
be paid from fees collected from the
offender or as may be |
determined by the court.
|
(f) Every person found guilty of violating this Section, |
whose
operation of a motor vehicle while in violation of this |
Section proximately
caused any incident resulting in an |
appropriate emergency response, shall
be liable for the expense |
of an emergency response as provided in subsection (m) of this |
Section.
|
(g) The Secretary of State shall revoke the driving |
|
privileges of any
person convicted under this Section or a |
similar provision of a local
ordinance.
|
(h) (Blank).
|
(i) The Secretary of State shall require the use of |
ignition interlock
devices on all vehicles owned by an |
individual who has been convicted of a
second
or subsequent |
offense of this Section or a similar provision of a local
|
ordinance. The Secretary shall establish by rule and regulation |
the procedures
for certification and use of the interlock |
system.
|
(j) In addition to any other penalties and liabilities, a |
person who is
found guilty of or pleads guilty to violating |
subsection (a), including any
person placed on court |
supervision for violating subsection (a), shall be fined
$500, |
payable to the
circuit clerk, who shall distribute the money as |
follows: 20% to the law enforcement agency
that made the arrest |
and 80% shall be forwarded to the State Treasurer for deposit |
into the General Revenue Fund. If the person has been |
previously convicted of violating
subsection (a) or a similar |
provision of a local
ordinance, the fine shall be
$1,000. In |
the event that more than one agency is responsible
for the |
arrest, the amount payable to law enforcement agencies shall be |
shared equally. Any moneys received
by a law
enforcement agency |
under this subsection (j) shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
|
combination thereof, as defined by this Section, including but |
not limited to the purchase of law
enforcement equipment and |
commodities that will assist in the prevention of alcohol |
related
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations. Equipment and commodities |
shall include, but are not limited
to, in-car video cameras, |
radar and laser speed detection devices, and alcohol
breath |
testers.
Any moneys received by the Department of State Police |
under this subsection
(j) shall be deposited into the State |
Police DUI Fund and shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the
purchase of law enforcement equipment and |
commodities that will assist in the prevention of
alcohol |
related criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(k) The Secretary of State Police DUI Fund is created as a |
|
special
fund in the State treasury. All moneys received by the |
Secretary of State
Police under subsection (j) of this Section |
shall be deposited into the
Secretary of State Police DUI Fund |
and, subject to appropriation, shall be
used for enforcement |
and prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law enforcement equipment and |
commodities to assist in the prevention of
alcohol related |
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(l) Whenever an individual is sentenced for an offense |
based upon an
arrest for a violation of subsection (a) or a |
similar provision of a local
ordinance, and the professional |
evaluation recommends remedial or
rehabilitative treatment or |
education, neither the treatment nor the education
shall be the |
sole disposition and either or both may be imposed only in
|
conjunction with another disposition. The court shall monitor |
compliance with
any remedial education or treatment |
recommendations contained in the
professional evaluation. |
Programs conducting alcohol or other drug evaluation
or |
remedial education must be licensed by the Department of Human |
|
Services. If
the individual is not a resident of Illinois, |
however, the court may accept an
alcohol or other drug |
evaluation or remedial education program in the
individual's |
state of residence. Programs providing treatment must be |
licensed
under existing applicable alcoholism and drug |
treatment licensure standards.
|
(m) In addition to any other fine or penalty required by |
law, an individual
convicted of a violation of subsection (a), |
Section 5-7 of the Snowmobile
Registration and Safety Act, |
Section 5-16 of the Boat Registration and Safety
Act, or a |
similar provision, whose operation of a motor vehicle, |
snowmobile, or
watercraft while in
violation of subsection (a), |
Section 5-7 of the Snowmobile Registration and
Safety Act, |
Section 5-16 of the Boat Registration and Safety Act, or a |
similar
provision proximately caused an incident resulting in |
an appropriate emergency
response, shall be required to make |
restitution to a public agency for the
costs of that emergency |
response. The restitution may not exceed $1,000 per
public |
agency for each emergency response. As used in this subsection |
(m),
"emergency response" means any incident requiring a |
response by a police
officer, a firefighter carried on the |
rolls of a regularly constituted fire
department, or an |
ambulance.
|
(Source: P.A. 94-113, eff. 1-1-06; 94-609, eff. 1-1-06; 94-963, |
eff. 6-28-06; 95-149, eff. 8-14-07; 95-355, eff. 1-1-08; |
revised 11-28-07.)
|
|
(Text of Section from P.A. 94-114, 94-963, 95-149, and |
95-355) |
Sec. 11-501. Driving while under the influence of alcohol, |
other drug or
drugs, intoxicating compound or compounds or any |
combination thereof.
|
(a) A person shall not drive or be in actual
physical |
control of any vehicle within this State while:
|
(1) the alcohol concentration in the person's blood or |
breath is 0.08
or more based on the definition of blood and |
breath units in Section 11-501.2;
|
(2) under the influence of alcohol;
|
(3) under the influence of any intoxicating compound or |
combination of
intoxicating compounds to a degree that |
renders the person incapable of
driving safely;
|
(4) under the influence of any other drug or |
combination of drugs to a
degree that renders the person |
incapable of safely driving;
|
(5) under the combined influence of alcohol, other drug |
or drugs, or
intoxicating compound or compounds to a degree |
that renders the person
incapable of safely driving; or
|
(6) there is any amount of a drug, substance, or |
compound in the
person's breath, blood, or urine resulting |
from the unlawful use or consumption
of cannabis listed in |
the Cannabis Control Act, a controlled substance listed
in |
the Illinois Controlled Substances Act, an intoxicating |
|
compound listed
in the Use of Intoxicating Compounds Act, |
or methamphetamine as listed in the Methamphetamine |
Control and Community Protection Act.
|
(b) The fact that any person charged with violating this |
Section is or
has been legally entitled to use alcohol, other |
drug or drugs, or
intoxicating compound or compounds, or any
|
combination thereof, shall not constitute a defense against any |
charge of
violating this Section.
|
(b-1) With regard to penalties imposed under this Section:
|
(1) Any reference to a prior violation of subsection |
(a) or a similar
provision includes any violation of a |
provision of a local ordinance or a
provision of a law of |
another state or an offense committed on a military |
installation that is similar to a violation of
subsection |
(a) of this Section.
|
(2) Any penalty imposed for driving with a license that |
has been revoked
for a previous violation of subsection (a) |
of this Section shall be in
addition to the penalty imposed |
for any subsequent violation of subsection (a).
|
(b-2) Except as otherwise provided in this Section, any |
person convicted of
violating subsection (a) of this Section is |
guilty of a Class A misdemeanor.
|
(b-3) In addition to any other criminal or administrative |
sanction for any
second conviction of violating subsection (a) |
or a similar provision committed
within 5 years of a previous |
violation of subsection (a) or a similar
provision, the |
|
defendant shall be sentenced to a mandatory minimum of 5 days |
of
imprisonment or assigned a mandatory minimum of 240 hours of |
community service
as may be determined by the court.
|
(b-4) In the case of a third or subsequent violation |
committed within 5
years of a previous violation of subsection |
(a) or a similar provision, in
addition to any other criminal |
or administrative sanction, a mandatory minimum
term of either |
10 days of imprisonment or 480 hours of community service shall
|
be imposed.
|
(b-5) The imprisonment or assignment of community service |
under subsections
(b-3) and (b-4) shall not be subject to |
suspension, nor shall the person be
eligible for a reduced |
sentence.
|
(c) (Blank).
|
(c-1) (1) A person who violates subsection (a)
during
a |
period in which his
or her driving privileges are revoked |
or suspended, where the revocation or
suspension was for a |
violation of subsection (a) or a similar provision, Section
|
11-501.1, paragraph (b)
of Section 11-401, or for reckless |
homicide as defined in Section 9-3 of
the Criminal Code of |
1961 is guilty of a
Class 4 felony.
|
(2) A person who violates subsection (a) a third
time, |
if the third violation occurs during a period in
which his |
or her driving privileges are revoked or suspended where |
the
revocation
or suspension was for a violation of |
subsection (a),
Section 11-501.1, paragraph
(b) of Section |
|
11-401, or for reckless homicide as defined in Section 9-3
|
of the Criminal Code of 1961, is guilty of
a Class 3 |
felony. |
(2.1) A person who violates subsection (a) a third |
time, if the third
violation occurs during a period in |
which his or her driving privileges are
revoked or |
suspended where the revocation or suspension was for a |
violation of
subsection (a), Section 11-501.1, subsection |
(b) of Section 11-401, or for
reckless homicide as defined |
in Section
9-3 of the Criminal Code of 1961, is guilty of a |
Class 3 felony; and if the
person receives a term of
|
probation or conditional discharge, he or she shall be |
required to serve a
mandatory
minimum of 10 days of |
imprisonment or shall be assigned a mandatory minimum of
|
480 hours of community service, as may be determined by the |
court, as a
condition of the probation or conditional |
discharge. This mandatory minimum
term of imprisonment or |
assignment of community service shall not be suspended
or |
reduced by the court.
|
(2.2) A person who violates subsection (a), if the
|
violation occurs during a period in which his or her |
driving privileges are
revoked or suspended where the |
revocation or suspension was for a violation of
subsection |
(a) or Section 11-501.1, shall also be sentenced to an |
additional
mandatory minimum term of 30 consecutive days of |
imprisonment, 40 days of
24-hour periodic imprisonment, or |
|
720 hours of community service, as may be
determined by the |
court. This mandatory term of imprisonment or assignment of
|
community service shall not be suspended or reduced by the |
court.
|
(3) A person who violates subsection (a) a fourth or
|
fifth time, if the fourth or fifth
violation occurs
during |
a period in which his
or her driving privileges are revoked |
or suspended where the revocation
or suspension was for a |
violation of subsection (a),
Section 11-501.1, paragraph
|
(b) of Section 11-401, or for reckless homicide as defined |
in
Section 9-3
of
the Criminal Code of 1961, is guilty of
a |
Class 2 felony and is not eligible for a sentence of |
probation or
conditional discharge.
|
(c-2) (Blank).
|
(c-3) (Blank).
|
(c-4) (Blank).
|
(c-5) A person who violates subsection (a), if the person |
was transporting
a person under the age of 16 at the time of |
the violation, is subject to an
additional mandatory minimum |
fine of $1,000, an additional mandatory minimum
140 hours of |
community service, which shall include 40 hours of community
|
service in a program benefiting children, and an additional 2 |
days of
imprisonment. The imprisonment or assignment of |
community service under this
subsection (c-5) is not subject to |
suspension, nor is the person eligible for
a reduced sentence.
|
(c-6) Except as provided in subsections (c-7) and (c-8) a |
|
person who
violates
subsection (a) a second time, if at the |
time of
the second violation the person was transporting a |
person under the age of 16,
is subject to an additional 10 days |
of imprisonment, an additional mandatory
minimum fine of |
$1,000, and an additional mandatory minimum 140 hours of
|
community service, which shall include 40 hours of community |
service in a
program benefiting children.
The imprisonment or |
assignment of community service under this subsection (c-6)
is |
not subject to suspension, nor is the person eligible for a |
reduced
sentence.
|
(c-7) Except as provided in subsection (c-8), any person |
convicted of
violating subsection (c-6) or a similar
provision |
within 10 years of a previous violation of subsection (a) or a
|
similar provision shall receive, in addition to any other |
penalty imposed, a
mandatory minimum 12 days imprisonment, an |
additional 40 hours of mandatory
community service in a program |
benefiting children, and a mandatory minimum
fine of $1,750. |
The imprisonment or assignment of community service under this
|
subsection (c-7) is not subject to suspension, nor is the |
person
eligible for a reduced sentence.
|
(c-8) Any person convicted of violating subsection (c-6) or |
a similar
provision within 5 years of a previous violation of |
subsection (a) or a similar
provision shall receive, in |
addition to any other penalty imposed, an
additional 80 hours |
of mandatory community service in a program benefiting
|
children, an additional mandatory minimum 12 days of |
|
imprisonment, and a
mandatory minimum fine of $1,750. The |
imprisonment or assignment of community
service under this |
subsection (c-8) is not subject to suspension, nor
is the
|
person eligible for a reduced sentence.
|
(c-9) Any person convicted a third time for violating |
subsection (a) or a
similar provision, if at the time of the |
third violation the person was
transporting a person under the |
age of 16, is guilty of a Class 4 felony and shall
receive, in |
addition to any other
penalty imposed, an additional mandatory |
fine of $1,000, an additional
mandatory 140 hours of community |
service, which shall include 40 hours in a
program benefiting |
children, and a mandatory minimum 30 days of imprisonment.
The |
imprisonment or assignment of community service under this |
subsection (c-9)
is not subject to suspension, nor is the |
person eligible for a reduced
sentence.
|
(c-10) Any person convicted of violating subsection (c-9) |
or a similar
provision a third time within 20 years of a |
previous violation of subsection
(a) or a
similar provision is |
guilty of a Class 4 felony and shall receive, in addition
to |
any other penalty imposed, an additional mandatory 40 hours of |
community
service in a program benefiting children, an |
additional mandatory fine of
$3,000, and a mandatory minimum |
120 days of imprisonment. The imprisonment or
assignment of |
community service under this subsection (c-10) is not subject |
to
suspension, nor is the person eligible for a reduced |
sentence.
|
|
(c-11) Any person convicted a fourth or fifth
time for |
violating
subsection (a) or a similar provision, if at the time |
of the fourth or
fifth violation the person was transporting a |
person under the age of 16,
and if the person's 3 prior |
violations of subsection (a) or a similar provision
occurred |
while transporting a person under the age of 16 or while the |
alcohol
concentration in his or her blood, breath, or urine was |
0.16 or more based
on the definition of blood, breath, or urine |
units in Section 11-501.2, is
guilty of a Class 2 felony, is |
not eligible for probation or conditional
discharge, and is |
subject to a minimum fine of $3,000.
|
(c-12) Any person convicted of a first violation of |
subsection (a) or a
similar provision, if the alcohol |
concentration in his or her blood, breath, or
urine was 0.16 or |
more based on the definition of blood, breath, or urine
units |
in Section 11-501.2, shall be subject, in addition to any other |
penalty
that may be imposed, to a mandatory minimum of 100 |
hours of community service
and a mandatory minimum fine of |
$500.
|
(c-13) Any person convicted of a second violation of |
subsection (a) or a similar provision committed within 10 years |
of a previous violation of subsection (a) or a similar |
provision committed within 10 years of a previous violation of |
subsection (a) or a similar provision, if at the time of the |
second violation of subsection (a) the
alcohol concentration in |
his or her blood, breath, or urine was 0.16 or more
based on |
|
the definition of blood, breath, or urine units in Section |
11-501.2,
shall be
subject, in addition to any other penalty |
that may be imposed, to a mandatory
minimum of 2 days of |
imprisonment and a mandatory minimum fine of $1,250.
|
(c-14) Any person convicted of a third violation of |
subsection (a) or a
similar provision within 20 years of a |
previous violation of subsection (a) or
a
similar provision, if |
at the time of the third violation of subsection (a) or a
|
similar provision the alcohol concentration in his or her |
blood, breath, or
urine was 0.16 or more based on the |
definition of blood, breath, or urine units
in Section |
11-501.2, is guilty of a Class 4 felony and shall be subject, |
in
addition to any other penalty that may be imposed, to a |
mandatory minimum of
90 days of imprisonment and a mandatory |
minimum fine of $2,500.
|
(c-15) Any person convicted of a fourth or fifth
violation |
of
subsection
(a) or a similar provision, if at the time of the |
fourth or fifth
violation the alcohol concentration in his or |
her blood, breath, or urine was
0.16 or more based on the |
definition of blood, breath, or urine units in
Section |
11-501.2, and if the person's 3 prior violations of subsection |
(a) or a
similar provision occurred while transporting a person |
under the age of 16 or
while the alcohol concentration in his |
or her blood, breath, or urine was 0.16
or more based on the |
definition of blood, breath, or urine units in Section
|
11-501.2, is guilty of a Class 2 felony and is not eligible for |
|
a sentence of
probation or conditional discharge and is subject |
to a minimum fine of
$2,500.
|
(c-16) Any person convicted of a sixth or subsequent |
violation of subsection (a) is guilty of a Class X felony.
|
(d) (1) Every person convicted of committing a violation of |
this Section
shall be guilty of aggravated driving under |
the influence of alcohol,
other drug or drugs, or |
intoxicating compound or compounds, or any combination
|
thereof if:
|
(A) the person committed a violation of subsection |
(a) or a similar
provision for the
third or subsequent |
time;
|
(B) the person committed a violation of subsection |
(a)
while
driving a school bus with persons 18 years of |
age or younger
on board;
|
(C) the person in committing a violation of |
subsection
(a) was
involved in a motor vehicle accident |
that resulted in great bodily harm or
permanent |
disability or disfigurement to another, when the |
violation was
a proximate cause of the injuries;
|
(D) the person committed a violation of subsection |
(a)
for a
second time and has been previously convicted |
of violating Section 9-3 of the
Criminal Code of 1961 |
or a similar provision of a law of another state |
relating to reckless homicide in which the person was
|
determined to have been under the influence of alcohol, |
|
other drug or
drugs, or intoxicating compound or |
compounds as an element of the offense or
the person |
has previously been convicted
under subparagraph (C) |
or subparagraph (F) of this paragraph (1);
|
(E) the person, in committing a violation of |
subsection (a) while
driving at any speed in a school |
speed zone at a time when a speed limit of
20 miles per |
hour was in effect under subsection (a) of Section |
11-605 of
this Code, was involved in a motor vehicle |
accident that resulted in bodily
harm, other than great |
bodily harm or permanent disability or disfigurement,
|
to another person, when the violation of subsection (a) |
was a
proximate cause
of the bodily harm; or
|
(F) the person, in committing a violation of |
subsection (a), was
involved in a motor vehicle, |
snowmobile, all-terrain vehicle, or watercraft
|
accident that resulted in
the death of another person, |
when the violation of subsection
(a) was
a proximate |
cause of the death.
|
(2) Except as provided in this paragraph (2), a person |
convicted of
aggravated driving under
the
influence of |
alcohol, other drug or
drugs,
or intoxicating compound or |
compounds, or any
combination thereof is guilty of a Class |
4 felony. For a violation of
subparagraph (C)
of
paragraph |
(1) of this subsection (d), the defendant, if sentenced to |
a term
of imprisonment, shall be sentenced
to not less than
|
|
one year nor more than 12 years.
Aggravated driving under |
the influence of alcohol, other drug or drugs,
or |
intoxicating compound or compounds, or any combination |
thereof as
defined in subparagraph (F) of paragraph (1) of |
this subsection (d) is
a Class 2 felony, for which the |
defendant, if sentenced to a term of
imprisonment, shall be |
sentenced to: (A) a
term of imprisonment of not less than 3 |
years and not more
than 14 years if the violation resulted |
in the death of one person; or
(B) a term of imprisonment |
of not less than 6 years and not
more than 28 years if the |
violation resulted in the deaths of 2 or more
persons.
For |
any prosecution under this subsection
(d), a certified copy |
of the
driving abstract of the defendant shall be admitted |
as proof of any prior
conviction.
Any person sentenced |
under this subsection (d) who receives a term of
probation
|
or conditional discharge must serve a minimum term of |
either 480 hours of
community service or 10 days of |
imprisonment as a condition of the probation or
conditional |
discharge. This mandatory minimum term of imprisonment or
|
assignment of community service may not be suspended or |
reduced by the court.
|
(e) After a finding of guilt and prior to any final |
sentencing, or an
order for supervision, for an offense based |
upon an arrest for a
violation of this Section or a similar |
provision of a local ordinance,
individuals shall be required |
to undergo a professional evaluation to
determine if an |
|
alcohol, drug, or intoxicating compound abuse problem exists
|
and the
extent of the problem, and undergo the imposition of |
treatment as appropriate.
Programs conducting these |
evaluations shall be
licensed by the Department of Human |
Services. The cost of any professional
evaluation shall be paid |
for by the
individual
required to undergo the professional |
evaluation.
|
(e-1) Any person who is found guilty of or pleads guilty to |
violating this
Section, including any person receiving a |
disposition of court supervision for
violating this Section, |
may be required by the Court to attend a victim
impact panel |
offered by, or under contract with, a County State's Attorney's
|
office, a probation and court services department, Mothers |
Against Drunk
Driving,
or the Alliance Against Intoxicated |
Motorists.
All costs generated by
the victim impact panel shall |
be paid from fees collected from the
offender or as may be |
determined by the court.
|
(f) Every person found guilty of violating this Section, |
whose
operation of a motor vehicle while in violation of this |
Section proximately
caused any incident resulting in an |
appropriate emergency response, shall
be liable for the expense |
of an emergency response as provided in subsection (m) of this |
Section.
|
(g) The Secretary of State shall revoke the driving |
privileges of any
person convicted under this Section or a |
similar provision of a local
ordinance.
|
|
(h) (Blank).
|
(i) The Secretary of State shall require the use of |
ignition interlock
devices on all vehicles owned by an |
individual who has been convicted of a
second
or subsequent |
offense of this Section or a similar provision of a local
|
ordinance. The Secretary shall establish by rule and regulation |
the procedures
for certification and use of the interlock |
system.
|
(j) In addition to any other penalties and liabilities, a |
person who is
found guilty of or pleads guilty to violating |
subsection (a), including any
person placed on court |
supervision for violating subsection (a), shall be fined
$500, |
payable to the
circuit clerk, who shall distribute the money as |
follows: 20% to the law enforcement agency
that made the arrest |
and 80% shall be forwarded to the State Treasurer for deposit |
into the General Revenue Fund. If the person has been |
previously convicted of violating
subsection (a) or a similar |
provision of a local
ordinance, the fine shall be
$1,000. In |
the event that more than one agency is responsible
for the |
arrest, the amount payable to law enforcement agencies shall be |
shared equally. Any moneys received
by a law
enforcement agency |
under this subsection (j) shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law
enforcement equipment and |
|
commodities that will assist in the prevention of alcohol |
related
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations. Equipment and commodities |
shall include, but are not limited
to, in-car video cameras, |
radar and laser speed detection devices, and alcohol
breath |
testers.
Any moneys received by the Department of State Police |
under this subsection
(j) shall be deposited into the State |
Police DUI Fund and shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the
purchase of law enforcement equipment and |
commodities that will assist in the prevention of
alcohol |
related criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(k) The Secretary of State Police DUI Fund is created as a |
special
fund in the State treasury. All moneys received by the |
Secretary of State
Police under subsection (j) of this Section |
|
shall be deposited into the
Secretary of State Police DUI Fund |
and, subject to appropriation, shall be
used for enforcement |
and prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law enforcement equipment and |
commodities to assist in the prevention of
alcohol related |
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(l) Whenever an individual is sentenced for an offense |
based upon an
arrest for a violation of subsection (a) or a |
similar provision of a local
ordinance, and the professional |
evaluation recommends remedial or
rehabilitative treatment or |
education, neither the treatment nor the education
shall be the |
sole disposition and either or both may be imposed only in
|
conjunction with another disposition. The court shall monitor |
compliance with
any remedial education or treatment |
recommendations contained in the
professional evaluation. |
Programs conducting alcohol or other drug evaluation
or |
remedial education must be licensed by the Department of Human |
Services. If
the individual is not a resident of Illinois, |
however, the court may accept an
alcohol or other drug |
|
evaluation or remedial education program in the
individual's |
state of residence. Programs providing treatment must be |
licensed
under existing applicable alcoholism and drug |
treatment licensure standards.
|
(m) In addition to any other fine or penalty required by |
law, an individual
convicted of a violation of subsection (a), |
Section 5-7 of the Snowmobile
Registration and Safety Act, |
Section 5-16 of the Boat Registration and Safety
Act, or a |
similar provision, whose operation of a motor vehicle, |
snowmobile, or
watercraft while in
violation of subsection (a), |
Section 5-7 of the Snowmobile Registration and
Safety Act, |
Section 5-16 of the Boat Registration and Safety Act, or a |
similar
provision proximately caused an incident resulting in |
an appropriate emergency
response, shall be required to make |
restitution to a public agency for the
costs of that emergency |
response. The restitution may not exceed $1,000 per
public |
agency for each emergency response. As used in this subsection |
(m),
"emergency response" means any incident requiring a |
response by a police
officer, a firefighter carried on the |
rolls of a regularly constituted fire
department, or an |
ambulance.
|
(Source: P.A. 94-114, eff. 1-1-06; 94-963, eff. 6-28-06; |
95-149, eff. 8-14-07; 95-355, eff. 1-1-08; revised 11-28-07.)
|
(Text of Section from P.A. 94-116, 94-963, 95-149, and |
95-355) |
|
Sec. 11-501. Driving while under the influence of alcohol, |
other drug or
drugs, intoxicating compound or compounds or any |
combination thereof.
|
(a) A person shall not drive or be in actual
physical |
control of any vehicle within this State while:
|
(1) the alcohol concentration in the person's blood or |
breath is 0.08
or more based on the definition of blood and |
breath units in Section 11-501.2;
|
(2) under the influence of alcohol;
|
(3) under the influence of any intoxicating compound or |
combination of
intoxicating compounds to a degree that |
renders the person incapable of
driving safely;
|
(4) under the influence of any other drug or |
combination of drugs to a
degree that renders the person |
incapable of safely driving;
|
(5) under the combined influence of alcohol, other drug |
or drugs, or
intoxicating compound or compounds to a degree |
that renders the person
incapable of safely driving; or
|
(6) there is any amount of a drug, substance, or |
compound in the
person's breath, blood, or urine resulting |
from the unlawful use or consumption
of cannabis listed in |
the Cannabis Control Act, a controlled substance listed
in |
the Illinois Controlled Substances Act, an intoxicating |
compound listed
in the Use of Intoxicating Compounds Act, |
or methamphetamine as listed in the Methamphetamine |
Control and Community Protection Act.
|
|
(b) The fact that any person charged with violating this |
Section is or
has been legally entitled to use alcohol, other |
drug or drugs, or
intoxicating compound or compounds, or any
|
combination thereof, shall not constitute a defense against any |
charge of
violating this Section.
|
(b-1) With regard to penalties imposed under this Section:
|
(1) Any reference to a prior violation of subsection |
(a) or a similar
provision includes any violation of a |
provision of a local ordinance or a
provision of a law of |
another state or an offense committed on a military |
installation that is similar to a violation of
subsection |
(a) of this Section.
|
(2) Any penalty imposed for driving with a license that |
has been revoked
for a previous violation of subsection (a) |
of this Section shall be in
addition to the penalty imposed |
for any subsequent violation of subsection (a).
|
(b-2) Except as otherwise provided in this Section, any |
person convicted of
violating subsection (a) of this Section is |
guilty of a Class A misdemeanor.
|
(b-3) In addition to any other criminal or administrative |
sanction for any
second conviction of violating subsection (a) |
or a similar provision committed
within 5 years of a previous |
violation of subsection (a) or a similar
provision, the |
defendant shall be sentenced to a mandatory minimum of 5 days |
of
imprisonment or assigned a mandatory minimum of 240 hours of |
community service
as may be determined by the court.
|
|
(b-4) In the case of a third violation committed within 5
|
years of a previous violation of subsection (a) or a similar |
provision, the defendant is guilty of a Class 2 felony, and in
|
addition to any other criminal or administrative sanction, a |
mandatory minimum
term of either 10 days of imprisonment or 480 |
hours of community service shall
be imposed.
|
(b-5) The imprisonment or assignment of community service |
under subsections
(b-3) and (b-4) shall not be subject to |
suspension, nor shall the person be
eligible for a reduced |
sentence.
|
(c) (Blank).
|
(c-1) (1) A person who violates subsection (a)
during
a |
period in which his
or her driving privileges are revoked |
or suspended, where the revocation or
suspension was for a |
violation of subsection (a) or a similar provision, Section
|
11-501.1, paragraph (b)
of Section 11-401, or for reckless |
homicide as defined in Section 9-3 of
the Criminal Code of |
1961 is guilty of a
Class 4 felony.
|
(2) A person who violates subsection (a) a third
time |
is guilty of
a Class 2 felony. |
(2.1) A person who violates subsection (a) a third |
time, if the third
violation occurs during a period in |
which his or her driving privileges are
revoked or |
suspended where the revocation or suspension was for a |
violation of
subsection (a), Section 11-501.1, subsection |
(b) of Section 11-401, or for
reckless homicide as defined |
|
in Section
9-3 of the Criminal Code of 1961, is guilty of a |
Class 2 felony; and if the
person receives a term of
|
probation or conditional discharge, he or she shall be |
required to serve a
mandatory
minimum of 10 days of |
imprisonment or shall be assigned a mandatory minimum of
|
480 hours of community service, as may be determined by the |
court, as a
condition of the probation or conditional |
discharge. This mandatory minimum
term of imprisonment or |
assignment of community service shall not be suspended
or |
reduced by the court.
|
(2.2) A person who violates subsection (a), if the
|
violation occurs during a period in which his or her |
driving privileges are
revoked or suspended where the |
revocation or suspension was for a violation of
subsection |
(a) or Section 11-501.1, shall also be sentenced to an |
additional
mandatory minimum term of 30 consecutive days of |
imprisonment, 40 days of
24-hour periodic imprisonment, or |
720 hours of community service, as may be
determined by the |
court. This mandatory term of imprisonment or assignment of
|
community service shall not be suspended or reduced by the |
court.
|
(3) A person who violates subsection (a) a fourth time |
is guilty of
a Class 2 felony and is not eligible for a |
sentence of probation or
conditional discharge.
|
(4) A person who violates subsection (a) a fifth or |
subsequent time is guilty of a Class 1 felony and is not |
|
eligible for a sentence of probation or conditional |
discharge.
|
(c-2) (Blank).
|
(c-3) (Blank).
|
(c-4) (Blank).
|
(c-5) A person who violates subsection (a), if the person |
was transporting
a person under the age of 16 at the time of |
the violation, is subject to an
additional mandatory minimum |
fine of $1,000, an additional mandatory minimum
140 hours of |
community service, which shall include 40 hours of community
|
service in a program benefiting children, and an additional 2 |
days of
imprisonment. The imprisonment or assignment of |
community service under this
subsection (c-5) is not subject to |
suspension, nor is the person eligible for
a reduced sentence.
|
(c-6) Except as provided in subsections (c-7) and (c-8) a |
person who
violates
subsection (a) a second time, if at the |
time of
the second violation the person was transporting a |
person under the age of 16,
is subject to an additional 10 days |
of imprisonment, an additional mandatory
minimum fine of |
$1,000, and an additional mandatory minimum 140 hours of
|
community service, which shall include 40 hours of community |
service in a
program benefiting children.
The imprisonment or |
assignment of community service under this subsection (c-6)
is |
not subject to suspension, nor is the person eligible for a |
reduced
sentence.
|
(c-7) Except as provided in subsection (c-8), any person |
|
convicted of
violating subsection (c-6) or a similar
provision |
within 10 years of a previous violation of subsection (a) or a
|
similar provision shall receive, in addition to any other |
penalty imposed, a
mandatory minimum 12 days imprisonment, an |
additional 40 hours of mandatory
community service in a program |
benefiting children, and a mandatory minimum
fine of $1,750. |
The imprisonment or assignment of community service under this
|
subsection (c-7) is not subject to suspension, nor is the |
person
eligible for a reduced sentence.
|
(c-8) Any person convicted of violating subsection (c-6) or |
a similar
provision within 5 years of a previous violation of |
subsection (a) or a similar
provision shall receive, in |
addition to any other penalty imposed, an
additional 80 hours |
of mandatory community service in a program benefiting
|
children, an additional mandatory minimum 12 days of |
imprisonment, and a
mandatory minimum fine of $1,750. The |
imprisonment or assignment of community
service under this |
subsection (c-8) is not subject to suspension, nor
is the
|
person eligible for a reduced sentence.
|
(c-9) Any person convicted a third time for violating |
subsection (a) or a
similar provision, if at the time of the |
third violation the person was
transporting a person under the |
age of 16, is guilty of a Class 2 felony and shall
receive, in |
addition to any other
penalty imposed, an additional mandatory |
fine of $1,000, an additional
mandatory 140 hours of community |
service, which shall include 40 hours in a
program benefiting |
|
children, and a mandatory minimum 30 days of imprisonment.
The |
imprisonment or assignment of community service under this |
subsection (c-9)
is not subject to suspension, nor is the |
person eligible for a reduced
sentence.
|
(c-10) Any person convicted of violating subsection (c-9) |
or a similar
provision a third time within 20 years of a |
previous violation of subsection
(a) or a
similar provision is |
guilty of a Class 2 felony and shall receive, in addition
to |
any other penalty imposed, an additional mandatory 40 hours of |
community
service in a program benefiting children, an |
additional mandatory fine of
$3,000, and a mandatory minimum |
120 days of imprisonment. The imprisonment or
assignment of |
community service under this subsection (c-10) is not subject |
to
suspension, nor is the person eligible for a reduced |
sentence.
|
(c-11) Any person convicted a fourth time for violating
|
subsection (a) or a similar provision, if at the time of the |
fourth violation the person was transporting a person under the |
age of 16,
and if the person's 3 prior violations of subsection |
(a) or a similar provision
occurred while transporting a person |
under the age of 16 or while the alcohol
concentration in his |
or her blood, breath, or urine was 0.16 or more based
on the |
definition of blood, breath, or urine units in Section |
11-501.2, is
guilty of a Class 2 felony, is not eligible for |
probation or conditional
discharge, and is subject to a minimum |
fine of $3,000.
|
|
(c-12) Any person convicted of a first violation of |
subsection (a) or a
similar provision, if the alcohol |
concentration in his or her blood, breath, or
urine was 0.16 or |
more based on the definition of blood, breath, or urine
units |
in Section 11-501.2, shall be subject, in addition to any other |
penalty
that may be imposed, to a mandatory minimum of 100 |
hours of community service
and a mandatory minimum fine of |
$500.
|
(c-13) Any person convicted of a second violation of |
subsection (a) or a similar provision committed within 10 years |
of a previous violation of subsection (a) or a similar |
provision committed within 10 years of a previous violation of |
subsection (a) or a similar provision, if at the time of the |
second violation of subsection (a) the
alcohol concentration in |
his or her blood, breath, or urine was 0.16 or more
based on |
the definition of blood, breath, or urine units in Section |
11-501.2,
shall be
subject, in addition to any other penalty |
that may be imposed, to a mandatory
minimum of 2 days of |
imprisonment and a mandatory minimum fine of $1,250.
|
(c-14) Any person convicted of a third violation of |
subsection (a) or a
similar provision within 20 years of a |
previous violation of subsection (a) or
a
similar provision, if |
at the time of the third violation of subsection (a) or a
|
similar provision the alcohol concentration in his or her |
blood, breath, or
urine was 0.16 or more based on the |
definition of blood, breath, or urine units
in Section |
|
11-501.2, is guilty of a Class 2 felony and shall be subject, |
in
addition to any other penalty that may be imposed, to a |
mandatory minimum of
90 days of imprisonment and a mandatory |
minimum fine of $2,500.
|
(c-15) Any person convicted of a fourth
violation of
|
subsection
(a) or a similar provision, if at the time of the |
fourth
violation the alcohol concentration in his or her blood, |
breath, or urine was
0.16 or more based on the definition of |
blood, breath, or urine units in
Section 11-501.2, and if the |
person's 3 prior violations of subsection (a) or a
similar |
provision occurred while transporting a person under the age of |
16 or
while the alcohol concentration in his or her blood, |
breath, or urine was 0.16
or more based on the definition of |
blood, breath, or urine units in Section
11-501.2, is guilty of |
a Class 2 felony and is not eligible for a sentence of
|
probation or conditional discharge and is subject to a minimum |
fine of
$2,500.
|
(d) (1) Every person convicted of committing a violation of |
this Section
shall be guilty of aggravated driving under |
the influence of alcohol,
other drug or drugs, or |
intoxicating compound or compounds, or any combination
|
thereof if:
|
(A) the person committed a violation of subsection |
(a) or a similar
provision for the
third or subsequent |
time;
|
(B) the person committed a violation of subsection |
|
(a)
while
driving a school bus with persons 18 years of |
age or younger
on board;
|
(C) the person in committing a violation of |
subsection
(a) was
involved in a motor vehicle accident |
that resulted in great bodily harm or
permanent |
disability or disfigurement to another, when the |
violation was
a proximate cause of the injuries;
|
(D) the person committed a violation of subsection |
(a)
for a
second time and has been previously convicted |
of violating Section 9-3 of the
Criminal Code of 1961 |
or a similar provision of a law of another state |
relating to reckless homicide in which the person was
|
determined to have been under the influence of alcohol, |
other drug or
drugs, or intoxicating compound or |
compounds as an element of the offense or
the person |
has previously been convicted
under subparagraph (C) |
or subparagraph (F) of this paragraph (1);
|
(E) the person, in committing a violation of |
subsection (a) while
driving at any speed in a school |
speed zone at a time when a speed limit of
20 miles per |
hour was in effect under subsection (a) of Section |
11-605 of
this Code, was involved in a motor vehicle |
accident that resulted in bodily
harm, other than great |
bodily harm or permanent disability or disfigurement,
|
to another person, when the violation of subsection (a) |
was a
proximate cause
of the bodily harm; or
|
|
(F) the person, in committing a violation of |
subsection (a), was
involved in a motor vehicle, |
snowmobile, all-terrain vehicle, or watercraft
|
accident that resulted in
the death of another person, |
when the violation of subsection
(a) was
a proximate |
cause of the death.
|
(2) Except as provided in this paragraph (2) and in |
paragraphs (3) and (4) of subsection (c-1), a person |
convicted of
aggravated driving under
the
influence of |
alcohol, other drug or
drugs,
or intoxicating compound or |
compounds, or any
combination thereof is guilty of a Class |
4 felony. For a violation of
subparagraph (C)
of
paragraph |
(1) of this subsection (d), the defendant, if sentenced to |
a term
of imprisonment, shall be sentenced
to not less than
|
one year nor more than 12 years.
Except as provided in |
paragraph (4) of subsection (c-1), aggravated driving |
under the influence of alcohol, other drug, or drugs, |
intoxicating compounds or compounds, or any combination |
thereof as defined in subparagraph (A) of paragraph (1) of |
this subsection (d) is a Class 2 felony. Aggravated driving |
under the influence of alcohol, other drug or drugs,
or |
intoxicating compound or compounds, or any combination |
thereof as
defined in subparagraph (F) of paragraph (1) of |
this subsection (d) is
a Class 2 felony, for which the |
defendant, if sentenced to a term of
imprisonment, shall be |
sentenced to: (A) a
term of imprisonment of not less than 3 |
|
years and not more
than 14 years if the violation resulted |
in the death of one person; or
(B) a term of imprisonment |
of not less than 6 years and not
more than 28 years if the |
violation resulted in the deaths of 2 or more
persons.
For |
any prosecution under this subsection
(d), a certified copy |
of the
driving abstract of the defendant shall be admitted |
as proof of any prior
conviction.
Any person sentenced |
under this subsection (d) who receives a term of
probation
|
or conditional discharge must serve a minimum term of |
either 480 hours of
community service or 10 days of |
imprisonment as a condition of the probation or
conditional |
discharge. This mandatory minimum term of imprisonment or
|
assignment of community service may not be suspended or |
reduced by the court.
|
(e) After a finding of guilt and prior to any final |
sentencing, or an
order for supervision, for an offense based |
upon an arrest for a
violation of this Section or a similar |
provision of a local ordinance,
individuals shall be required |
to undergo a professional evaluation to
determine if an |
alcohol, drug, or intoxicating compound abuse problem exists
|
and the
extent of the problem, and undergo the imposition of |
treatment as appropriate.
Programs conducting these |
evaluations shall be
licensed by the Department of Human |
Services. The cost of any professional
evaluation shall be paid |
for by the
individual
required to undergo the professional |
evaluation.
|
|
(e-1) Any person who is found guilty of or pleads guilty to |
violating this
Section, including any person receiving a |
disposition of court supervision for
violating this Section, |
may be required by the Court to attend a victim
impact panel |
offered by, or under contract with, a County State's Attorney's
|
office, a probation and court services department, Mothers |
Against Drunk
Driving,
or the Alliance Against Intoxicated |
Motorists.
All costs generated by
the victim impact panel shall |
be paid from fees collected from the
offender or as may be |
determined by the court.
|
(f) Every person found guilty of violating this Section, |
whose
operation of a motor vehicle while in violation of this |
Section proximately
caused any incident resulting in an |
appropriate emergency response, shall
be liable for the expense |
of an emergency response as provided in subsection (m) of this |
Section.
|
(g) The Secretary of State shall revoke the driving |
privileges of any
person convicted under this Section or a |
similar provision of a local
ordinance.
|
(h) (Blank).
|
(i) The Secretary of State shall require the use of |
ignition interlock
devices on all vehicles owned by an |
individual who has been convicted of a
second
or subsequent |
offense of this Section or a similar provision of a local
|
ordinance. The Secretary shall establish by rule and regulation |
the procedures
for certification and use of the interlock |
|
system.
|
(j) In addition to any other penalties and liabilities, a |
person who is
found guilty of or pleads guilty to violating |
subsection (a), including any
person placed on court |
supervision for violating subsection (a), shall be fined
$500, |
payable to the
circuit clerk, who shall distribute the money as |
follows: 20% to the law enforcement agency
that made the arrest |
and 80% shall be forwarded to the State Treasurer for deposit |
into the General Revenue Fund. If the person has been |
previously convicted of violating
subsection (a) or a similar |
provision of a local
ordinance, the fine shall be
$1,000. In |
the event that more than one agency is responsible
for the |
arrest, the amount payable to law enforcement agencies shall be |
shared equally. Any moneys received
by a law
enforcement agency |
under this subsection (j) shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law
enforcement equipment and |
commodities that will assist in the prevention of alcohol |
related
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations. Equipment and commodities |
|
shall include, but are not limited
to, in-car video cameras, |
radar and laser speed detection devices, and alcohol
breath |
testers.
Any moneys received by the Department of State Police |
under this subsection
(j) shall be deposited into the State |
Police DUI Fund and shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the
purchase of law enforcement equipment and |
commodities that will assist in the prevention of
alcohol |
related criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(k) The Secretary of State Police DUI Fund is created as a |
special
fund in the State treasury. All moneys received by the |
Secretary of State
Police under subsection (j) of this Section |
shall be deposited into the
Secretary of State Police DUI Fund |
and, subject to appropriation, shall be
used for enforcement |
and prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law enforcement equipment and |
commodities to assist in the prevention of
alcohol related |
|
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(l) Whenever an individual is sentenced for an offense |
based upon an
arrest for a violation of subsection (a) or a |
similar provision of a local
ordinance, and the professional |
evaluation recommends remedial or
rehabilitative treatment or |
education, neither the treatment nor the education
shall be the |
sole disposition and either or both may be imposed only in
|
conjunction with another disposition. The court shall monitor |
compliance with
any remedial education or treatment |
recommendations contained in the
professional evaluation. |
Programs conducting alcohol or other drug evaluation
or |
remedial education must be licensed by the Department of Human |
Services. If
the individual is not a resident of Illinois, |
however, the court may accept an
alcohol or other drug |
evaluation or remedial education program in the
individual's |
state of residence. Programs providing treatment must be |
licensed
under existing applicable alcoholism and drug |
treatment licensure standards.
|
(m) In addition to any other fine or penalty required by |
law, an individual
convicted of a violation of subsection (a), |
Section 5-7 of the Snowmobile
Registration and Safety Act, |
|
Section 5-16 of the Boat Registration and Safety
Act, or a |
similar provision, whose operation of a motor vehicle, |
snowmobile, or
watercraft while in
violation of subsection (a), |
Section 5-7 of the Snowmobile Registration and
Safety Act, |
Section 5-16 of the Boat Registration and Safety Act, or a |
similar
provision proximately caused an incident resulting in |
an appropriate emergency
response, shall be required to make |
restitution to a public agency for the
costs of that emergency |
response. The restitution may not exceed $1,000 per
public |
agency for each emergency response. As used in this subsection |
(m),
"emergency response" means any incident requiring a |
response by a police
officer, a firefighter carried on the |
rolls of a regularly constituted fire
department, or an |
ambulance.
|
(Source: P.A. 94-116, eff. 1-1-06; 94-963, eff. 6-28-06; |
95-149, eff. 8-14-07; 95-355, eff. 1-1-08; revised 11-28-07.)
|
(Text of Section from P.A. 94-329, 94-963, 95-149, and |
95-355) |
Sec. 11-501. Driving while under the influence of alcohol, |
other drug or
drugs, intoxicating compound or compounds or any |
combination thereof.
|
(a) A person shall not drive or be in actual
physical |
control of any vehicle within this State while:
|
(1) the alcohol concentration in the person's blood or |
breath is 0.08
or more based on the definition of blood and |
|
breath units in Section 11-501.2;
|
(2) under the influence of alcohol;
|
(3) under the influence of any intoxicating compound or |
combination of
intoxicating compounds to a degree that |
renders the person incapable of
driving safely;
|
(4) under the influence of any other drug or |
combination of drugs to a
degree that renders the person |
incapable of safely driving;
|
(5) under the combined influence of alcohol, other drug |
or drugs, or
intoxicating compound or compounds to a degree |
that renders the person
incapable of safely driving; or
|
(6) there is any amount of a drug, substance, or |
compound in the
person's breath, blood, or urine resulting |
from the unlawful use or consumption
of cannabis listed in |
the Cannabis Control Act, a controlled substance listed
in |
the Illinois Controlled Substances Act, an intoxicating |
compound listed
in the Use of Intoxicating Compounds Act, |
or methamphetamine as listed in the Methamphetamine |
Control and Community Protection Act.
|
(b) The fact that any person charged with violating this |
Section is or
has been legally entitled to use alcohol, other |
drug or drugs, or
intoxicating compound or compounds, or any
|
combination thereof, shall not constitute a defense against any |
charge of
violating this Section.
|
(b-1) With regard to penalties imposed under this Section:
|
(1) Any reference to a prior violation of subsection |
|
(a) or a similar
provision includes any violation of a |
provision of a local ordinance or a
provision of a law of |
another state or an offense committed on a military |
installation that is similar to a violation of
subsection |
(a) of this Section.
|
(2) Any penalty imposed for driving with a license that |
has been revoked
for a previous violation of subsection (a) |
of this Section shall be in
addition to the penalty imposed |
for any subsequent violation of subsection (a).
|
(b-2) Except as otherwise provided in this Section, any |
person convicted of
violating subsection (a) of this Section is |
guilty of a Class A misdemeanor.
|
(b-3) In addition to any other criminal or administrative |
sanction for any
second conviction of violating subsection (a) |
or a similar provision committed
within 5 years of a previous |
violation of subsection (a) or a similar
provision, the |
defendant shall be sentenced to a mandatory minimum of 5 days |
of
imprisonment or assigned a mandatory minimum of 240 hours of |
community service
as may be determined by the court.
|
(b-4) In the case of a third or subsequent violation |
committed within 5
years of a previous violation of subsection |
(a) or a similar provision, in
addition to any other criminal |
or administrative sanction, a mandatory minimum
term of either |
10 days of imprisonment or 480 hours of community service shall
|
be imposed.
|
(b-5) The imprisonment or assignment of community service |
|
under subsections
(b-3) and (b-4) shall not be subject to |
suspension, nor shall the person be
eligible for a reduced |
sentence.
|
(c) (Blank).
|
(c-1) (1) A person who violates subsection (a)
during
a |
period in which his
or her driving privileges are revoked |
or suspended, where the revocation or
suspension was for a |
violation of subsection (a) or a similar provision, Section
|
11-501.1, paragraph (b)
of Section 11-401, or for reckless |
homicide as defined in Section 9-3 of
the Criminal Code of |
1961 is guilty of aggravated driving under the influence of |
alcohol, other drug or drugs, intoxicating compound or |
compounds, or any combination thereof and is guilty of a
|
Class 4 felony.
|
(2) A person who violates subsection (a) a third
time, |
if the third violation occurs during a period in
which his |
or her driving privileges are revoked or suspended where |
the
revocation
or suspension was for a violation of |
subsection (a),
Section 11-501.1, paragraph
(b) of Section |
11-401, or for reckless homicide as defined in Section 9-3
|
of the Criminal Code of 1961, is guilty of aggravated |
driving under the influence of alcohol, other drug or |
drugs, intoxicating compound or compounds, or any |
combination thereof and is guilty of
a Class 3 felony. |
(2.1) A person who violates subsection (a) a third |
time, if the third
violation occurs during a period in |
|
which his or her driving privileges are
revoked or |
suspended where the revocation or suspension was for a |
violation of
subsection (a), Section 11-501.1, subsection |
(b) of Section 11-401, or for
reckless homicide as defined |
in Section
9-3 of the Criminal Code of 1961, is guilty of |
aggravated driving under the influence of alcohol, other |
drug or drugs, intoxicating compound or compounds, or any |
combination thereof and is guilty of a Class 3 felony; and |
if the
person receives a term of
probation or conditional |
discharge, he or she shall be required to serve a
mandatory
|
minimum of 10 days of imprisonment or shall be assigned a |
mandatory minimum of
480 hours of community service, as may |
be determined by the court, as a
condition of the probation |
or conditional discharge. This mandatory minimum
term of |
imprisonment or assignment of community service shall not |
be suspended
or reduced by the court.
|
(2.2) A person who violates subsection (a), if the
|
violation occurs during a period in which his or her |
driving privileges are
revoked or suspended where the |
revocation or suspension was for a violation of
subsection |
(a) or Section 11-501.1, is guilty of aggravated driving |
under the influence of alcohol, other drug or drugs, |
intoxicating compound or compounds, or any combination |
thereof and shall also be sentenced to an additional
|
mandatory minimum term of 30 consecutive days of |
imprisonment, 40 days of
24-hour periodic imprisonment, or |
|
720 hours of community service, as may be
determined by the |
court. This mandatory term of imprisonment or assignment of
|
community service shall not be suspended or reduced by the |
court.
|
(3) A person who violates subsection (a) a fourth or
|
subsequent time, if the fourth or subsequent violation |
occurs
during a period in which his
or her driving |
privileges are revoked or suspended where the revocation
or |
suspension was for a violation of subsection (a),
Section |
11-501.1, paragraph
(b) of Section 11-401, or for reckless |
homicide as defined in
Section 9-3
of
the Criminal Code of |
1961, is guilty of aggravated driving under the influence |
of alcohol, other drug or drugs, intoxicating compound or |
compounds, or any combination thereof and is guilty of
a |
Class 2 felony, and is not eligible for a sentence of |
probation or
conditional discharge.
|
(c-2) (Blank).
|
(c-3) (Blank).
|
(c-4) (Blank).
|
(c-5) A person who violates subsection (a), if the person |
was transporting
a person under the age of 16 at the time of |
the violation, is subject to an
additional mandatory minimum |
fine of $1,000, an additional mandatory minimum
140 hours of |
community service, which shall include 40 hours of community
|
service in a program benefiting children, and an additional 2 |
days of
imprisonment. The imprisonment or assignment of |
|
community service under this
subsection (c-5) is not subject to |
suspension, nor is the person eligible for
a reduced sentence.
|
(c-6) Except as provided in subsections (c-7) and (c-8) a |
person who
violates
subsection (a) a second time, if at the |
time of
the second violation the person was transporting a |
person under the age of 16,
is subject to an additional 10 days |
of imprisonment, an additional mandatory
minimum fine of |
$1,000, and an additional mandatory minimum 140 hours of
|
community service, which shall include 40 hours of community |
service in a
program benefiting children.
The imprisonment or |
assignment of community service under this subsection (c-6)
is |
not subject to suspension, nor is the person eligible for a |
reduced
sentence.
|
(c-7) Except as provided in subsection (c-8), any person |
convicted of
violating subsection (c-6) or a similar
provision |
within 10 years of a previous violation of subsection (a) or a
|
similar provision shall receive, in addition to any other |
penalty imposed, a
mandatory minimum 12 days imprisonment, an |
additional 40 hours of mandatory
community service in a program |
benefiting children, and a mandatory minimum
fine of $1,750. |
The imprisonment or assignment of community service under this
|
subsection (c-7) is not subject to suspension, nor is the |
person
eligible for a reduced sentence.
|
(c-8) Any person convicted of violating subsection (c-6) or |
a similar
provision within 5 years of a previous violation of |
subsection (a) or a similar
provision shall receive, in |
|
addition to any other penalty imposed, an
additional 80 hours |
of mandatory community service in a program benefiting
|
children, an additional mandatory minimum 12 days of |
imprisonment, and a
mandatory minimum fine of $1,750. The |
imprisonment or assignment of community
service under this |
subsection (c-8) is not subject to suspension, nor
is the
|
person eligible for a reduced sentence.
|
(c-9) Any person convicted a third time for violating |
subsection (a) or a
similar provision, if at the time of the |
third violation the person was
transporting a person under the |
age of 16, is guilty of a Class 4 felony and shall
receive, in |
addition to any other
penalty imposed, an additional mandatory |
fine of $1,000, an additional
mandatory 140 hours of community |
service, which shall include 40 hours in a
program benefiting |
children, and a mandatory minimum 30 days of imprisonment.
The |
imprisonment or assignment of community service under this |
subsection (c-9)
is not subject to suspension, nor is the |
person eligible for a reduced
sentence.
|
(c-10) Any person convicted of violating subsection (c-9) |
or a similar
provision a third time within 20 years of a |
previous violation of subsection
(a) or a
similar provision is |
guilty of a Class 4 felony and shall receive, in addition
to |
any other penalty imposed, an additional mandatory 40 hours of |
community
service in a program benefiting children, an |
additional mandatory fine of
$3,000, and a mandatory minimum |
120 days of imprisonment. The imprisonment or
assignment of |
|
community service under this subsection (c-10) is not subject |
to
suspension, nor is the person eligible for a reduced |
sentence.
|
(c-11) Any person convicted a fourth or subsequent time for |
violating
subsection (a) or a similar provision, if at the time |
of the fourth or
subsequent violation the person was |
transporting a person under the age of 16,
and if the person's |
3 prior violations of subsection (a) or a similar provision
|
occurred while transporting a person under the age of 16 or |
while the alcohol
concentration in his or her blood, breath, or |
urine was 0.16 or more based
on the definition of blood, |
breath, or urine units in Section 11-501.2, is
guilty of a |
Class 2 felony, is not eligible for probation or conditional
|
discharge, and is subject to a minimum fine of $3,000.
|
(c-12) Any person convicted of a first violation of |
subsection (a) or a
similar provision, if the alcohol |
concentration in his or her blood, breath, or
urine was 0.16 or |
more based on the definition of blood, breath, or urine
units |
in Section 11-501.2, shall be subject, in addition to any other |
penalty
that may be imposed, to a mandatory minimum of 100 |
hours of community service
and a mandatory minimum fine of |
$500.
|
(c-13) Any person convicted of a second violation of |
subsection (a) or a similar provision committed within 10 years |
of a previous violation of subsection (a) or a similar |
provision committed within 10 years of a previous violation of |
|
subsection (a) or a similar provision, if at the time of the |
second violation of subsection (a) the
alcohol concentration in |
his or her blood, breath, or urine was 0.16 or more
based on |
the definition of blood, breath, or urine units in Section |
11-501.2,
shall be
subject, in addition to any other penalty |
that may be imposed, to a mandatory
minimum of 2 days of |
imprisonment and a mandatory minimum fine of $1,250.
|
(c-14) Any person convicted of a third violation of |
subsection (a) or a
similar provision within 20 years of a |
previous violation of subsection (a) or
a
similar provision, if |
at the time of the third violation of subsection (a) or a
|
similar provision the alcohol concentration in his or her |
blood, breath, or
urine was 0.16 or more based on the |
definition of blood, breath, or urine units
in Section |
11-501.2, is guilty of a Class 4 felony and shall be subject, |
in
addition to any other penalty that may be imposed, to a |
mandatory minimum of
90 days of imprisonment and a mandatory |
minimum fine of $2,500.
|
(c-15) Any person convicted of a fourth or subsequent |
violation of
subsection
(a) or a similar provision, if at the |
time of the fourth or subsequent
violation the alcohol |
concentration in his or her blood, breath, or urine was
0.16 or |
more based on the definition of blood, breath, or urine units |
in
Section 11-501.2, and if the person's 3 prior violations of |
subsection (a) or a
similar provision occurred while |
transporting a person under the age of 16 or
while the alcohol |
|
concentration in his or her blood, breath, or urine was 0.16
or |
more based on the definition of blood, breath, or urine units |
in Section
11-501.2, is guilty of a Class 2 felony and is not |
eligible for a sentence of
probation or conditional discharge |
and is subject to a minimum fine of
$2,500.
|
(d) (1) Every person convicted of committing a violation of |
this Section
shall be guilty of aggravated driving under |
the influence of alcohol,
other drug or drugs, or |
intoxicating compound or compounds, or any combination
|
thereof if:
|
(A) the person committed a violation of subsection |
(a) or a similar
provision for the
third or subsequent |
time;
|
(B) the person committed a violation of subsection |
(a)
while
driving a school bus with persons 18 years of |
age or younger
on board;
|
(C) the person in committing a violation of |
subsection
(a) was
involved in a motor vehicle accident |
that resulted in great bodily harm or
permanent |
disability or disfigurement to another, when the |
violation was
a proximate cause of the injuries;
|
(D) the person committed a violation of subsection |
(a)
for a
second time and has been previously convicted |
of violating Section 9-3 of the
Criminal Code of 1961 |
or a similar provision of a law of another state |
relating to reckless homicide in which the person was
|
|
determined to have been under the influence of alcohol, |
other drug or
drugs, or intoxicating compound or |
compounds as an element of the offense or
the person |
has previously been convicted
under subparagraph (C) |
or subparagraph (F) of this paragraph (1);
|
(E) the person, in committing a violation of |
subsection (a) while
driving at any speed in a school |
speed zone at a time when a speed limit of
20 miles per |
hour was in effect under subsection (a) of Section |
11-605 of
this Code, was involved in a motor vehicle |
accident that resulted in bodily
harm, other than great |
bodily harm or permanent disability or disfigurement,
|
to another person, when the violation of subsection (a) |
was a
proximate cause
of the bodily harm; or
|
(F) the person, in committing a violation of |
subsection (a), was
involved in a motor vehicle, |
snowmobile, all-terrain vehicle, or watercraft
|
accident that resulted in
the death of another person, |
when the violation of subsection
(a) was
a proximate |
cause of the death;
|
(G) the person committed the violation while he or |
she did not possess a driver's license or permit or a |
restricted driving permit or a judicial driving |
permit; or
|
(H) the person committed the violation while he or |
she knew or should have known that the vehicle he or |
|
she was driving was not covered by a liability |
insurance policy.
|
(2) Except as provided in this paragraph (2) and in |
paragraphs (2), (2.1), and (3) of subsection (c-1), a |
person convicted of
aggravated driving under
the
influence |
of alcohol, other drug or
drugs,
or intoxicating compound |
or compounds, or any
combination thereof is guilty of a |
Class 4 felony. For a violation of
subparagraph (C)
of
|
paragraph (1) of this subsection (d), the defendant, if |
sentenced to a term
of imprisonment, shall be sentenced
to |
not less than
one year nor more than 12 years.
Aggravated |
driving under the influence of alcohol, other drug or |
drugs,
or intoxicating compound or compounds, or any |
combination thereof as
defined in subparagraph (F) of |
paragraph (1) of this subsection (d) is
a Class 2 felony, |
for which the defendant, if sentenced to a term of
|
imprisonment, shall be sentenced to: (A) a
term of |
imprisonment of not less than 3 years and not more
than 14 |
years if the violation resulted in the death of one person; |
or
(B) a term of imprisonment of not less than 6 years and |
not
more than 28 years if the violation resulted in the |
deaths of 2 or more
persons.
For any prosecution under this |
subsection
(d), a certified copy of the
driving abstract of |
the defendant shall be admitted as proof of any prior
|
conviction.
Any person sentenced under this subsection (d) |
who receives a term of
probation
or conditional discharge |
|
must serve a minimum term of either 480 hours of
community |
service or 10 days of imprisonment as a condition of the |
probation or
conditional discharge. This mandatory minimum |
term of imprisonment or
assignment of community service may |
not be suspended or reduced by the court.
|
(e) After a finding of guilt and prior to any final |
sentencing, or an
order for supervision, for an offense based |
upon an arrest for a
violation of this Section or a similar |
provision of a local ordinance,
individuals shall be required |
to undergo a professional evaluation to
determine if an |
alcohol, drug, or intoxicating compound abuse problem exists
|
and the
extent of the problem, and undergo the imposition of |
treatment as appropriate.
Programs conducting these |
evaluations shall be
licensed by the Department of Human |
Services. The cost of any professional
evaluation shall be paid |
for by the
individual
required to undergo the professional |
evaluation.
|
(e-1) Any person who is found guilty of or pleads guilty to |
violating this
Section, including any person receiving a |
disposition of court supervision for
violating this Section, |
may be required by the Court to attend a victim
impact panel |
offered by, or under contract with, a County State's Attorney's
|
office, a probation and court services department, Mothers |
Against Drunk
Driving,
or the Alliance Against Intoxicated |
Motorists.
All costs generated by
the victim impact panel shall |
be paid from fees collected from the
offender or as may be |
|
determined by the court.
|
(f) Every person found guilty of violating this Section, |
whose
operation of a motor vehicle while in violation of this |
Section proximately
caused any incident resulting in an |
appropriate emergency response, shall
be liable for the expense |
of an emergency response as provided in subsection (m) of this |
Section.
|
(g) The Secretary of State shall revoke the driving |
privileges of any
person convicted under this Section or a |
similar provision of a local
ordinance.
|
(h) (Blank).
|
(i) The Secretary of State shall require the use of |
ignition interlock
devices on all vehicles owned by an |
individual who has been convicted of a
second
or subsequent |
offense of this Section or a similar provision of a local
|
ordinance. The Secretary shall establish by rule and regulation |
the procedures
for certification and use of the interlock |
system.
|
(j) In addition to any other penalties and liabilities, a |
person who is
found guilty of or pleads guilty to violating |
subsection (a), including any
person placed on court |
supervision for violating subsection (a), shall be fined
$500, |
payable to the
circuit clerk, who shall distribute the money as |
follows: 20% to the law enforcement agency
that made the arrest |
and 80% shall be forwarded to the State Treasurer for deposit |
into the General Revenue Fund. If the person has been |
|
previously convicted of violating
subsection (a) or a similar |
provision of a local
ordinance, the fine shall be
$1,000. In |
the event that more than one agency is responsible
for the |
arrest, the amount payable to law enforcement agencies shall be |
shared equally. Any moneys received
by a law
enforcement agency |
under this subsection (j) shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law
enforcement equipment and |
commodities that will assist in the prevention of alcohol |
related
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations. Equipment and commodities |
shall include, but are not limited
to, in-car video cameras, |
radar and laser speed detection devices, and alcohol
breath |
testers.
Any moneys received by the Department of State Police |
under this subsection
(j) shall be deposited into the State |
Police DUI Fund and shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the
purchase of law enforcement equipment and |
|
commodities that will assist in the prevention of
alcohol |
related criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(k) The Secretary of State Police DUI Fund is created as a |
special
fund in the State treasury. All moneys received by the |
Secretary of State
Police under subsection (j) of this Section |
shall be deposited into the
Secretary of State Police DUI Fund |
and, subject to appropriation, shall be
used for enforcement |
and prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law enforcement equipment and |
commodities to assist in the prevention of
alcohol related |
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(l) Whenever an individual is sentenced for an offense |
based upon an
arrest for a violation of subsection (a) or a |
similar provision of a local
ordinance, and the professional |
|
evaluation recommends remedial or
rehabilitative treatment or |
education, neither the treatment nor the education
shall be the |
sole disposition and either or both may be imposed only in
|
conjunction with another disposition. The court shall monitor |
compliance with
any remedial education or treatment |
recommendations contained in the
professional evaluation. |
Programs conducting alcohol or other drug evaluation
or |
remedial education must be licensed by the Department of Human |
Services. If
the individual is not a resident of Illinois, |
however, the court may accept an
alcohol or other drug |
evaluation or remedial education program in the
individual's |
state of residence. Programs providing treatment must be |
licensed
under existing applicable alcoholism and drug |
treatment licensure standards.
|
(m) In addition to any other fine or penalty required by |
law, an individual
convicted of a violation of subsection (a), |
Section 5-7 of the Snowmobile
Registration and Safety Act, |
Section 5-16 of the Boat Registration and Safety
Act, or a |
similar provision, whose operation of a motor vehicle, |
snowmobile, or
watercraft while in
violation of subsection (a), |
Section 5-7 of the Snowmobile Registration and
Safety Act, |
Section 5-16 of the Boat Registration and Safety Act, or a |
similar
provision proximately caused an incident resulting in |
an appropriate emergency
response, shall be required to make |
restitution to a public agency for the
costs of that emergency |
response. The restitution may not exceed $1,000 per
public |
|
agency for each emergency response. As used in this subsection |
(m),
"emergency response" means any incident requiring a |
response by a police
officer, a firefighter carried on the |
rolls of a regularly constituted fire
department, or an |
ambulance.
|
(Source: P.A. 94-329, eff. 1-1-06; 94-963, eff. 6-28-06; |
95-149, eff. 8-14-07; 95-355, eff. 1-1-08; revised 11-28-07.)
|
(Text of Section after amendment by P.A. 95-578) |
Sec. 11-501. Driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof.
|
(a) A person shall not drive or be in actual physical |
control of any vehicle within this State while: |
(1) the alcohol concentration in the person's blood or |
breath is 0.08 or more based on the definition of blood and |
breath units in Section 11-501.2; |
(2) under the influence of alcohol; |
(3) under the influence of any intoxicating compound or |
combination of intoxicating compounds to a degree that |
renders the person incapable of driving safely; |
(4) under the influence of any other drug or |
combination of drugs to a degree that renders the person |
incapable of safely driving; |
(5) under the combined influence of alcohol, other drug |
or drugs, or intoxicating compound or compounds to a degree |
|
that renders the person incapable of safely driving; or |
(6) there is any amount of a drug, substance, or |
compound in the person's breath, blood, or urine resulting |
from the unlawful use or consumption of cannabis listed in |
the Cannabis Control Act, a controlled substance listed in |
the Illinois Controlled Substances Act, an intoxicating |
compound listed in the Use of Intoxicating Compounds Act, |
or methamphetamine as listed in the Methamphetamine |
Control and Community Protection Act.
|
(b) The fact that any person charged with violating this |
Section is or has been legally entitled to use alcohol, other |
drug or drugs, or intoxicating compound or compounds, or any |
combination thereof, shall not constitute a defense against any |
charge of violating this Section. |
(c) Penalties. |
(1) Except as otherwise provided in this Section, any |
person convicted of violating subsection (a) of this |
Section is guilty of a Class A misdemeanor. |
(2) A person who violates subsection (a) or a similar |
provision a second time shall be sentenced to a mandatory |
minimum term of either 5 days of imprisonment or 240 hours |
of community service in addition to any other criminal or |
administrative sanction. |
(3) A person who violates subsection (a) is subject to |
6 months of imprisonment, an additional mandatory minimum |
fine of $1,000, and 25 days of community service in a |
|
program benefiting children if the person was transporting |
a person under the age of 16 at the time of the violation. |
(4) A person who violates subsection (a) a first time, |
if the alcohol concentration in his or her blood, breath, |
or urine was 0.16 or more based on the definition of blood, |
breath, or urine units in Section 11-501.2, shall be |
subject, in addition to any other penalty that may be |
imposed, to a mandatory minimum of 100 hours of community |
service and a mandatory minimum fine of $500. |
(5) A person who violates subsection (a) a second time, |
if at the time of the second violation the alcohol |
concentration in his or her blood, breath, or urine was |
0.16 or more based on the definition of blood, breath, or |
urine units in Section 11-501.2, shall be subject, in |
addition to any other penalty that may be imposed, to a |
mandatory minimum of 2 days of imprisonment and a mandatory |
minimum fine of $1,250. |
(d) Aggravated driving under the influence of alcohol, |
other drug or drugs, or intoxicating compound or compounds, or |
any combination thereof.
|
(1) Every person convicted of committing a violation of |
this Section shall be guilty of aggravated driving under |
the influence of alcohol, other drug or drugs, or |
intoxicating compound or compounds, or any combination |
thereof if: |
(A) the person committed a violation of subsection |
|
(a) or a similar provision for the third or subsequent |
time; |
(B) the person committed a violation of subsection |
(a) while driving a school bus with persons 18 years of |
age or younger on board; |
(C) the person in committing a violation of |
subsection (a) was involved in a motor vehicle accident |
that resulted in great bodily harm or permanent |
disability or disfigurement to another, when the |
violation was a proximate cause of the injuries; |
(D) the person committed a violation of subsection |
(a) for a second time and has been previously convicted |
of violating Section 9-3 of the Criminal Code of 1961 |
or a similar provision of a law of another state |
relating to reckless homicide in which the person was |
determined to have been under the influence of alcohol, |
other drug or drugs, or intoxicating compound or |
compounds as an element of the offense or the person |
has previously been convicted under subparagraph (C) |
or subparagraph (F) of this paragraph (1); |
(E) the person, in committing a violation of |
subsection (a) while driving at any speed in a school |
speed zone at a time when a speed limit of 20 miles per |
hour was in effect under subsection (a) of Section |
11-605 of this Code, was involved in a motor vehicle |
accident that resulted in bodily harm, other than great |
|
bodily harm or permanent disability or disfigurement, |
to another person, when the violation of subsection (a) |
was a proximate cause of the bodily harm; |
(F) the person, in committing a violation of |
subsection (a), was involved in a motor vehicle, |
snowmobile, all-terrain vehicle, or watercraft |
accident that resulted in the death of another person, |
when the violation of subsection (a) was a proximate |
cause of the death; |
(G) the person committed a violation of subsection |
(a) during a period in which the defendant's driving |
privileges are revoked or suspended, where the |
revocation or suspension was for a violation of |
subsection (a) or a similar provision, Section |
11-501.1, paragraph (b) of Section 11-401, or for |
reckless homicide as defined in Section 9-3 of the |
Criminal Code of 1961; |
(H) the person committed the violation while he or |
she did not possess a driver's license or permit or a |
restricted driving permit or a judicial driving |
permit; |
(I) the person committed the violation while he or |
she knew or should have known that the vehicle he or |
she was driving was not covered by a liability |
insurance policy; |
(J) the person in committing a violation of |
|
subsection (a) was involved in a motor vehicle accident |
that resulted in bodily harm, but not great bodily |
harm, to the child under the age of 16 being |
transported by the person, if the violation was the |
proximate cause of the injury; or |
(K) the person in committing a second violation of |
subsection (a) or a similar provision was transporting |
a person under the age of 16. |
(2)(A) Except as provided otherwise, a person |
convicted of aggravated driving under the influence of |
alcohol, other drug or drugs, or intoxicating compound or |
compounds, or any combination thereof is guilty of a Class |
4 felony. |
(B) A third violation of this Section or a similar |
provision is a Class 2 felony. If at the time of the third |
violation the alcohol concentration in his or her blood, |
breath, or urine was 0.16 or more based on the definition |
of blood, breath, or urine units in Section 11-501.2, a |
mandatory minimum of 90 days of imprisonment and a |
mandatory minimum fine of $2,500 shall be imposed in |
addition to any other criminal or administrative sanction. |
If at the time of the third violation, the defendant was |
transporting a person under the age of 16, a mandatory fine |
of $25,000 and 25 days of community service in a program |
benefiting children shall be imposed in addition to any |
other criminal or administrative sanction. |
|
(C) A fourth violation of this Section or a similar |
provision is a Class 2 felony, for which a sentence of |
probation or conditional discharge may not be imposed. If |
at the time of the violation, the alcohol concentration in |
the defendant's blood, breath, or urine was 0.16 or more |
based on the definition of blood, breath, or urine units in |
Section 11-501.2, a mandatory minimum fine of $5,000 shall |
be imposed in addition to any other criminal or |
administrative sanction. If at the time of the fourth |
violation, the defendant was transporting a person under |
the age of 16 a mandatory fine of $25,000 and 25 days of |
community service in a program benefiting children shall be |
imposed in addition to any other criminal or administrative |
sanction. |
(D) A fifth violation of this Section or a similar |
provision is a Class 1 felony, for which a sentence of |
probation or conditional discharge may not be imposed. If |
at the time of the violation, the alcohol concentration in |
the defendant's blood, breath, or urine was 0.16 or more |
based on the definition of blood, breath, or urine units in |
Section 11-501.2, a mandatory minimum fine of $5,000 shall |
be imposed in addition to any other criminal or |
administrative sanction. If at the time of the fifth |
violation, the defendant was transporting a person under |
the age of 16, a mandatory fine of $25,000, and 25 days of |
community service in a program benefiting children shall be |
|
imposed in addition to any other criminal or administrative |
sanction. |
(E) A sixth or subsequent violation of this Section or |
similar provision is a Class X felony. If at the time of |
the violation, the alcohol concentration in the |
defendant's blood, breath, or urine was 0.16 or more based |
on the definition of blood, breath, or urine units in |
Section 11-501.2, a mandatory minimum fine of $5,000 shall |
be imposed in addition to any other criminal or |
administrative sanction. If at the time of the violation, |
the defendant was transporting a person under the age of |
16, a mandatory fine of $25,000 and 25 days of community |
service in a program benefiting children shall be imposed |
in addition to any other criminal or administrative |
sanction. |
(F) For a violation of subparagraph (C) of paragraph |
(1) of this subsection (d), the defendant, if sentenced to |
a term of imprisonment, shall be sentenced to not less than |
one year nor more than 12 years. |
(G) A violation of subparagraph (F) of paragraph (1) of |
this subsection (d) is a Class 2 felony, for which the |
defendant, unless the court determines that extraordinary |
circumstances exist and require probation, shall be |
sentenced to: (i) a term of imprisonment of not less than 3 |
years and not more than 14 years if the violation resulted |
in the death of one person; or (ii) a term of imprisonment |
|
of not less than 6 years and not more than 28 years if the |
violation resulted in the deaths of 2 or more persons. |
(H) For a violation of subparagraph (J) of paragraph |
(1) of this subsection (d), a mandatory fine of $2,500, and |
25 days of community service in a program benefiting |
children shall be imposed in addition to any other criminal |
or administrative sanction. |
(I) A violation of subparagraph (K) of paragraph (1) of |
this subsection (d), is a Class 2 felony and a mandatory |
fine of $2,500, and 25 days of community service in a |
program benefiting children shall be imposed in addition to |
any other criminal or administrative sanction. If the child |
being transported suffered bodily harm, but not great |
bodily harm, in a motor vehicle accident, and the violation |
was the proximate cause of that injury, a mandatory fine of |
$5,000 and 25 days of community service in a program |
benefiting children shall be imposed in addition to any |
other criminal or administrative sanction. |
(3) Any person sentenced under this subsection (d) who |
receives a term of probation or conditional discharge must |
serve a minimum term of either 480 hours of community |
service or 10 days of imprisonment as a condition of the |
probation or conditional discharge in addition to any other |
criminal or administrative sanction. |
(e) Any reference to a prior violation of subsection (a) or |
a similar provision includes any violation of a provision of a |
|
local ordinance or a provision of a law of another state or an |
offense committed on a military installation that is similar to |
a violation of subsection (a) of this Section. |
(f) The imposition of a mandatory term of imprisonment or |
assignment of community service for a violation of this Section |
shall not be suspended or reduced by the court. |
(g) Any penalty imposed for driving with a license that has |
been revoked for a previous violation of subsection (a) of this |
Section shall be in addition to the penalty imposed for any |
subsequent violation of subsection (a). |
(h) For any prosecution under this Section, a certified |
copy of the driving abstract of the defendant shall be admitted |
as proof of any prior conviction.
in subsection (m) of this |
Section
|
(Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114, |
eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609, |
eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07; |
95-355, eff. 1-1-08; 95-578, eff. 6-1-08; revised 11-28-07.)
|
(Text of Section after amendment by P.A. 95-400) |
Sec. 11-501. Driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof.
|
(a) A person shall not drive or be in actual physical |
control of any vehicle within this State while: |
(1) the alcohol concentration in the person's blood or |
|
breath is 0.08 or more based on the definition of blood and |
breath units in Section 11-501.2; |
(2) under the influence of alcohol; |
(3) under the influence of any intoxicating compound or |
combination of intoxicating compounds to a degree that |
renders the person incapable of driving safely; |
(4) under the influence of any other drug or |
combination of drugs to a degree that renders the person |
incapable of safely driving; |
(5) under the combined influence of alcohol, other drug |
or drugs, or intoxicating compound or compounds to a degree |
that renders the person incapable of safely driving; or |
(6) there is any amount of a drug, substance, or |
compound in the person's breath, blood, or urine resulting |
from the unlawful use or consumption of cannabis listed in |
the Cannabis Control Act, a controlled substance listed in |
the Illinois Controlled Substances Act, an intoxicating |
compound listed in the Use of Intoxicating Compounds Act, |
or methamphetamine as listed in the Methamphetamine |
Control and Community Protection Act.
|
(b) The fact that any person charged with violating this |
Section is or has been legally entitled to use alcohol, other |
drug or drugs, or intoxicating compound or compounds, or any |
combination thereof, shall not constitute a defense against any |
charge of violating this Section. |
(c) Penalties. |
|
(1) Except as otherwise provided in this Section, any |
person convicted of violating subsection (a) of this |
Section is guilty of a Class A misdemeanor. |
(2) A person who violates subsection (a) or a similar |
provision a second time shall be sentenced to a mandatory |
minimum term of either 5 days of imprisonment or 240 hours |
of community service in addition to any other criminal or |
administrative sanction. |
(3) A person who violates subsection (a) is subject to |
6 months of imprisonment, an additional mandatory minimum |
fine of $1,000, and 25 days of community service in a |
program benefiting children if the person was transporting |
a person under the age of 16 at the time of the violation. |
(4) A person who violates subsection (a) a first time, |
if the alcohol concentration in his or her blood, breath, |
or urine was 0.16 or more based on the definition of blood, |
breath, or urine units in Section 11-501.2, shall be |
subject, in addition to any other penalty that may be |
imposed, to a mandatory minimum of 100 hours of community |
service and a mandatory minimum fine of $500. |
(5) A person who violates subsection (a) a second time, |
if at the time of the second violation the alcohol |
concentration in his or her blood, breath, or urine was |
0.16 or more based on the definition of blood, breath, or |
urine units in Section 11-501.2, shall be subject, in |
addition to any other penalty that may be imposed, to a |
|
mandatory minimum of 2 days of imprisonment and a mandatory |
minimum fine of $1,250. |
(d) Aggravated driving under the influence of alcohol, |
other drug or drugs, or intoxicating compound or compounds, or |
any combination thereof.
|
(1) Every person convicted of committing a violation of |
this Section shall be guilty of aggravated driving under |
the influence of alcohol, other drug or drugs, or |
intoxicating compound or compounds, or any combination |
thereof if: |
(A) the person committed a violation of subsection |
(a) or a similar provision for the third or subsequent |
time; |
(B) the person committed a violation of subsection |
(a) while driving a school bus with persons 18 years of |
age or younger on board; |
(C) the person in committing a violation of |
subsection (a) was involved in a motor vehicle accident |
that resulted in great bodily harm or permanent |
disability or disfigurement to another, when the |
violation was a proximate cause of the injuries; |
(D) the person committed a violation of subsection |
(a) for a second time and has been previously convicted |
of violating Section 9-3 of the Criminal Code of 1961 |
or a similar provision of a law of another state |
relating to reckless homicide in which the person was |
|
determined to have been under the influence of alcohol, |
other drug or drugs, or intoxicating compound or |
compounds as an element of the offense or the person |
has previously been convicted under subparagraph (C) |
or subparagraph (F) of this paragraph (1); |
(E) the person, in committing a violation of |
subsection (a) while driving at any speed in a school |
speed zone at a time when a speed limit of 20 miles per |
hour was in effect under subsection (a) of Section |
11-605 of this Code, was involved in a motor vehicle |
accident that resulted in bodily harm, other than great |
bodily harm or permanent disability or disfigurement, |
to another person, when the violation of subsection (a) |
was a proximate cause of the bodily harm; |
(F) the person, in committing a violation of |
subsection (a), was involved in a motor vehicle, |
snowmobile, all-terrain vehicle, or watercraft |
accident that resulted in the death of another person, |
when the violation of subsection (a) was a proximate |
cause of the death; |
(G) the person committed a violation of subsection |
(a) during a period in which the defendant's driving |
privileges are revoked or suspended, where the |
revocation or suspension was for a violation of |
subsection (a) or a similar provision, Section |
11-501.1, paragraph (b) of Section 11-401, or for |
|
reckless homicide as defined in Section 9-3 of the |
Criminal Code of 1961; |
(H) the person committed the violation while he or |
she did not possess a driver's license or permit or a |
restricted driving permit or a judicial driving permit |
or a monitoring device driving permit; |
(I) the person committed the violation while he or |
she knew or should have known that the vehicle he or |
she was driving was not covered by a liability |
insurance policy; |
(J) the person in committing a violation of |
subsection (a) was involved in a motor vehicle accident |
that resulted in bodily harm, but not great bodily |
harm, to the child under the age of 16 being |
transported by the person, if the violation was the |
proximate cause of the injury; or |
(K) the person in committing a second violation of |
subsection (a) or a similar provision was transporting |
a person under the age of 16. |
(2)(A) Except as provided otherwise, a person |
convicted of aggravated driving under the influence of |
alcohol, other drug or drugs, or intoxicating compound or |
compounds, or any combination thereof is guilty of a Class |
4 felony. |
(B) A third violation of this Section or a similar |
provision is a Class 2 felony. If at the time of the third |
|
violation the alcohol concentration in his or her blood, |
breath, or urine was 0.16 or more based on the definition |
of blood, breath, or urine units in Section 11-501.2, a |
mandatory minimum of 90 days of imprisonment and a |
mandatory minimum fine of $2,500 shall be imposed in |
addition to any other criminal or administrative sanction. |
If at the time of the third violation, the defendant was |
transporting a person under the age of 16, a mandatory fine |
of $25,000 and 25 days of community service in a program |
benefiting children shall be imposed in addition to any |
other criminal or administrative sanction. |
(C) A fourth violation of this Section or a similar |
provision is a Class 2 felony, for which a sentence of |
probation or conditional discharge may not be imposed. If |
at the time of the violation, the alcohol concentration in |
the defendant's blood, breath, or urine was 0.16 or more |
based on the definition of blood, breath, or urine units in |
Section 11-501.2, a mandatory minimum fine of $5,000 shall |
be imposed in addition to any other criminal or |
administrative sanction. If at the time of the fourth |
violation, the defendant was transporting a person under |
the age of 16 a mandatory fine of $25,000 and 25 days of |
community service in a program benefiting children shall be |
imposed in addition to any other criminal or administrative |
sanction. |
(D) A fifth violation of this Section or a similar |
|
provision is a Class 1 felony, for which a sentence of |
probation or conditional discharge may not be imposed. If |
at the time of the violation, the alcohol concentration in |
the defendant's blood, breath, or urine was 0.16 or more |
based on the definition of blood, breath, or urine units in |
Section 11-501.2, a mandatory minimum fine of $5,000 shall |
be imposed in addition to any other criminal or |
administrative sanction. If at the time of the fifth |
violation, the defendant was transporting a person under |
the age of 16, a mandatory fine of $25,000, and 25 days of |
community service in a program benefiting children shall be |
imposed in addition to any other criminal or administrative |
sanction. |
(E) A sixth or subsequent violation of this Section or |
similar provision is a Class X felony. If at the time of |
the violation, the alcohol concentration in the |
defendant's blood, breath, or urine was 0.16 or more based |
on the definition of blood, breath, or urine units in |
Section 11-501.2, a mandatory minimum fine of $5,000 shall |
be imposed in addition to any other criminal or |
administrative sanction. If at the time of the violation, |
the defendant was transporting a person under the age of |
16, a mandatory fine of $25,000 and 25 days of community |
service in a program benefiting children shall be imposed |
in addition to any other criminal or administrative |
sanction. |
|
(F) For a violation of subparagraph (C) of paragraph |
(1) of this subsection (d), the defendant, if sentenced to |
a term of imprisonment, shall be sentenced to not less than |
one year nor more than 12 years. |
(G) A violation of subparagraph (F) of paragraph (1) of |
this subsection (d) is a Class 2 felony, for which the |
defendant, unless the court determines that extraordinary |
circumstances exist and require probation, shall be |
sentenced to: (i) a term of imprisonment of not less than 3 |
years and not more than 14 years if the violation resulted |
in the death of one person; or (ii) a term of imprisonment |
of not less than 6 years and not more than 28 years if the |
violation resulted in the deaths of 2 or more persons. |
(H) For a violation of subparagraph (J) of paragraph |
(1) of this subsection (d), a mandatory fine of $2,500, and |
25 days of community service in a program benefiting |
children shall be imposed in addition to any other criminal |
or administrative sanction. |
(I) A violation of subparagraph (K) of paragraph (1) of |
this subsection (d), is a Class 2 felony and a mandatory |
fine of $2,500, and 25 days of community service in a |
program benefiting children shall be imposed in addition to |
any other criminal or administrative sanction. If the child |
being transported suffered bodily harm, but not great |
bodily harm, in a motor vehicle accident, and the violation |
was the proximate cause of that injury, a mandatory fine of |
|
$5,000 and 25 days of community service in a program |
benefiting children shall be imposed in addition to any |
other criminal or administrative sanction. |
(3) Any person sentenced under this subsection (d) who |
receives a term of probation or conditional discharge must |
serve a minimum term of either 480 hours of community |
service or 10 days of imprisonment as a condition of the |
probation or conditional discharge in addition to any other |
criminal or administrative sanction. |
(e) Any reference to a prior violation of subsection (a) or |
a similar provision includes any violation of a provision of a |
local ordinance or a provision of a law of another state or an |
offense committed on a military installation that is similar to |
a violation of subsection (a) of this Section. |
(f) The imposition of a mandatory term of imprisonment or |
assignment of community service for a violation of this Section |
shall not be suspended or reduced by the court. |
(g) Any penalty imposed for driving with a license that has |
been revoked for a previous violation of subsection (a) of this |
Section shall be in addition to the penalty imposed for any |
subsequent violation of subsection (a). |
(h) For any prosecution under this Section, a certified |
copy of the driving abstract of the defendant shall be admitted |
as proof of any prior conviction.
in subsection (m) of this |
Section
|
(Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114, |
|
eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609, |
eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07; |
95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; |
revised 11-28-07.)
|
Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does |
not accelerate or delay the taking effect of (i) the changes |
made by this Act or (ii) provisions derived from any other |
Public Act.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|