Public Act 098-0573
 
SB1764 EnrolledLRB098 04205 MLW 34230 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 6-303 and 11-501 as follows:
 
    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
    Sec. 6-303. Driving while driver's license, permit or
privilege to operate a motor vehicle is suspended or revoked.
    (a) Except as otherwise provided in subsection (a-5), any
person who drives or is in actual physical control of a motor
vehicle on any highway of this State at a time when such
person's driver's license, permit or privilege to do so or the
privilege to obtain a driver's license or permit is revoked or
suspended as provided by this Code or the law of another state,
except as may be specifically allowed by a judicial driving
permit issued prior to January 1, 2009, monitoring device
driving permit, family financial responsibility driving
permit, probationary license to drive, or a restricted driving
permit issued pursuant to this Code or under the law of another
state, shall be guilty of a Class A misdemeanor.
    (a-5) Any person who violates this Section as provided in
subsection (a) while his or her driver's license, permit or
privilege is revoked because of a violation of Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide or a similar
provision of a law of another state, is guilty of a Class 4
felony. The person shall be required to undergo a professional
evaluation, as provided in Section 11-501 of this Code, to
determine if an alcohol, drug, or intoxicating compound problem
exists and the extent of the problem, and to undergo the
imposition of treatment as appropriate.
    (a-10) A person's driver's license, permit, or privilege to
obtain a driver's license or permit may be subject to multiple
revocations, multiple suspensions, or any combination of both
simultaneously. No revocation or suspension shall serve to
negate, invalidate, cancel, postpone, or in any way lessen the
effect of any other revocation or suspension entered prior or
subsequent to any other revocation or suspension.
    (b) (Blank).
    (b-1) Upon receiving a report of the conviction of any
violation indicating a person was operating a motor vehicle
during the time when the person's driver's license, permit or
privilege was suspended by the Secretary of State or the
driver's licensing administrator of another state, except as
specifically allowed by a probationary license, judicial
driving permit, restricted driving permit or monitoring device
driving permit the Secretary shall extend the suspension for
the same period of time as the originally imposed suspension
unless the suspension has already expired, in which case the
Secretary shall be authorized to suspend the person's driving
privileges for the same period of time as the originally
imposed suspension.
    (b-2) Except as provided in subsection (b-6), upon
receiving a report of the conviction of any violation
indicating a person was operating a motor vehicle when the
person's driver's license, permit or privilege was revoked by
the Secretary of State or the driver's license administrator of
any other state, except as specifically allowed by a restricted
driving permit issued pursuant to this Code or the law of
another state, the Secretary shall not issue a driver's license
for an additional period of one year from the date of such
conviction indicating such person was operating a vehicle
during such period of revocation.
    (b-3) (Blank).
    (b-4) When the Secretary of State receives a report of a
conviction of any violation indicating a person was operating a
motor vehicle that was not equipped with an ignition interlock
device during a time when the person was prohibited from
operating a motor vehicle not equipped with such a device, the
Secretary shall not issue a driver's license to that person for
an additional period of one year from the date of the
conviction.
    (b-5) Any person convicted of violating this Section shall
serve a minimum term of imprisonment of 30 consecutive days or
300 hours of community service when the person's driving
privilege was revoked or suspended as a result of a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide, or
a similar provision of a law of another state.
    (b-6) Upon receiving a report of a first conviction of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide or a similar out-of-state offense, the Secretary shall
not issue a driver's license for an additional period of three
years from the date of such conviction.
    (c) Except as provided in subsections (c-3) and (c-4), any
person convicted of violating this Section shall serve a
minimum term of imprisonment of 10 consecutive days or 30 days
of community service when the person's driving privilege was
revoked or suspended as a result of:
        (1) a violation of Section 11-501 of this Code or a
    similar provision of a local ordinance relating to the
    offense of operating or being in physical control of a
    vehicle while under the influence of alcohol, any other
    drug or any combination thereof; or
        (2) a violation of paragraph (b) of Section 11-401 of
    this Code or a similar provision of a local ordinance
    relating to the offense of leaving the scene of a motor
    vehicle accident involving personal injury or death; or
        (3) a statutory summary suspension or revocation under
    Section 11-501.1 of this Code.
    Such sentence of imprisonment or community service shall
not be subject to suspension in order to reduce such sentence.
    (c-1) Except as provided in subsections (c-5) and (d), any
person convicted of a second violation of this Section shall be
ordered by the court to serve a minimum of 100 hours of
community service.
    (c-2) In addition to other penalties imposed under this
Section, the court may impose on any person convicted a fourth
time of violating this Section any of the following:
        (1) Seizure of the license plates of the person's
    vehicle.
        (2) Immobilization of the person's vehicle for a period
    of time to be determined by the court.
    (c-3) Any person convicted of a violation of this Section
during a period of summary suspension imposed pursuant to
Section 11-501.1 when the person was eligible for a MDDP shall
be guilty of a Class 4 felony and shall serve a minimum term of
imprisonment of 30 days.
    (c-4) Any person who has been issued a MDDP and who is
convicted of a violation of this Section as a result of
operating or being in actual physical control of a motor
vehicle not equipped with an ignition interlock device at the
time of the offense shall be guilty of a Class 4 felony and
shall serve a minimum term of imprisonment of 30 days.
    (c-5) Any person convicted of a second violation of this
Section is guilty of a Class 2 felony, is not eligible for
probation or conditional discharge, and shall serve a mandatory
term of imprisonment, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked the revocation or
    suspension was for a violation of Section 9-3 of the
    Criminal Code of 1961 or the Criminal Code of 2012,
    relating to the offense of reckless homicide, or a similar
    out-of-state offense; and
        (2) the prior conviction under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 9-3 of the Criminal Code
    of 1961 or the Criminal Code of 2012 relating to the
    offense of reckless homicide, or a similar out-of-state
    offense, or was suspended or revoked for a violation of
    Section 11-401 or 11-501 of this Code, a similar
    out-of-state offense, a similar provision of a local
    ordinance, or a statutory summary suspension or revocation
    under Section 11-501.1 of this Code.
    (d) Any person convicted of a second violation of this
Section shall be guilty of a Class 4 felony and shall serve a
minimum term of imprisonment of 30 days or 300 hours of
community service, as determined by the court, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked the original
    revocation or suspension was for a violation of Section
    11-401 or 11-501 of this Code, or a similar out-of-state
    offense, or a similar provision of a local ordinance, or a
    statutory summary suspension or revocation under Section
    11-501.1 of this Code; and
        (2) the prior conviction under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of this
    Code, a similar out-of-state offense, a similar provision
    of a local ordinance, or a statutory summary suspension or
    revocation under Section 11-501.1 of this Code, or for a
    violation of Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a similar out-of-state offense.
    (d-1) Except as provided in subsections (d-2), (d-2.5), and
(d-3), any person convicted of a third or subsequent violation
of this Section shall serve a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court.
    (d-2) Any person convicted of a third violation of this
Section is guilty of a Class 4 felony and must serve a minimum
term of imprisonment of 30 days, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked the revocation or
    suspension was for a violation of Section 11-401 or 11-501
    of this Code, or a similar out-of-state offense, or a
    similar provision of a local ordinance, or a statutory
    summary suspension or revocation under Section 11-501.1 of
    this Code; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of this
    Code, a similar out-of-state offense, a similar provision
    of a local ordinance, or a statutory summary suspension or
    revocation under Section 11-501.1 of this Code, or for a
    violation of Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a similar out-of-state offense.
    (d-2.5) Any person convicted of a third violation of this
Section is guilty of a Class 1 felony, is not eligible for
probation or conditional discharge, and must serve a mandatory
term of imprisonment, if:
        (1) the current violation occurred while the person's
    driver's license was suspended or revoked the revocation or
    suspension was for a violation of Section 9-3 of the
    Criminal Code of 1961 or the Criminal Code of 2012,
    relating to the offense of reckless homicide, or a similar
    out-of-state offense. The person's driving privileges
    shall be revoked for the remainder of the person's life;
    and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 9-3 of the Criminal Code
    of 1961 or the Criminal Code of 2012, relating to the
    offense of reckless homicide, or a similar out-of-state
    offense, or was suspended or revoked for a violation of
    Section 11-401 or 11-501 of this Code, a similar
    out-of-state offense, a similar provision of a local
    ordinance, or a statutory summary suspension or revocation
    under Section 11-501.1 of this Code.
    (d-3) Any person convicted of a fourth, fifth, sixth,
seventh, eighth, or ninth violation of this Section is guilty
of a Class 4 felony and must serve a minimum term of
imprisonment of 180 days, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked the revocation or
    suspension was for a violation of Section 11-401 or 11-501
    of this Code, or a similar out-of-state offense, or a
    similar provision of a local ordinance, or a statutory
    summary suspension or revocation under Section 11-501.1 of
    this Code; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of this
    Code, a similar out-of-state offense, a similar provision
    of a local ordinance, or a statutory summary suspension or
    revocation under Section 11-501.1 of this Code, or for a
    violation of Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a similar out-of-state offense.
    (d-3.5) Any person convicted of a fourth or subsequent
violation of this Section is guilty of a Class 1 felony, is not
eligible for probation or conditional discharge, and must serve
a mandatory term of imprisonment, and is eligible for an
extended term, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked the revocation or
    suspension was for a violation of Section 9-3 of the
    Criminal Code of 1961 or the Criminal Code of 2012,
    relating to the offense of reckless homicide, or a similar
    out-of-state offense; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 9-3 of the Criminal Code
    of 1961 or the Criminal Code of 2012, relating to the
    offense of reckless homicide, or a similar out-of-state
    offense, or was suspended or revoked for a violation of
    Section 11-401 or 11-501 of this Code, a similar
    out-of-state offense, a similar provision of a local
    ordinance, or a statutory summary suspension or revocation
    under Section 11-501.1 of this Code.
    (d-4) Any person convicted of a tenth, eleventh, twelfth,
thirteenth, or fourteenth violation of this Section is guilty
of a Class 3 felony, and is not eligible for probation or
conditional discharge, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked the revocation or
    suspension was for a violation of Section 11-401 or 11-501
    of this Code, or a similar out-of-state offense, or a
    similar provision of a local ordinance, or a statutory
    summary suspension or revocation under Section 11-501.1 of
    this Code; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of this
    Code, a similar out-of-state offense, a similar provision
    of a local ordinance, or a statutory suspension or
    revocation under Section 11-501.1 of this Code, or for a
    violation of Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a similar out-of-state offense.
    (d-5) Any person convicted of a fifteenth or subsequent
violation of this Section is guilty of a Class 2 felony, and is
not eligible for probation or conditional discharge, if:
        (1) the current violation occurred when the person's
    driver's license was suspended or revoked the revocation or
    suspension was for a violation of Section 11-401 or 11-501
    of this Code, or a similar out-of-state offense, or a
    similar provision of a local ordinance, or a statutory
    summary suspension or revocation under Section 11-501.1 of
    this Code; and
        (2) the prior convictions under this Section occurred
    while the person's driver's license was suspended or
    revoked for a violation of Section 11-401 or 11-501 of this
    Code, a similar out-of-state offense, a similar provision
    of a local ordinance, or a statutory summary suspension or
    revocation under Section 11-501.1 of this Code, or for a
    violation of Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a similar out-of-state offense.
    (e) Any person in violation of this Section who is also in
violation of Section 7-601 of this Code relating to mandatory
insurance requirements, in addition to other penalties imposed
under this Section, shall have his or her motor vehicle
immediately impounded by the arresting law enforcement
officer. The motor vehicle may be released to any licensed
driver upon a showing of proof of insurance for the vehicle
that was impounded and the notarized written consent for the
release by the vehicle owner.
    (f) 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.
    (g) The motor vehicle used in a violation of this Section
is subject to seizure and forfeiture as provided in Sections
36-1 and 36-2 of the Criminal Code of 2012 if the person's
driving privilege was revoked or suspended as a result of:
        (1) a violation of Section 11-501 of this Code, a
    similar provision of a local ordinance, or a similar
    provision of a law of another state;
        (2) a violation of paragraph (b) of Section 11-401 of
    this Code, a similar provision of a local ordinance, or a
    similar provision of a law of another state;
        (3) a statutory summary suspension or revocation under
    Section 11-501.1 of this Code or a similar provision of a
    law of another state; or
        (4) a violation of Section 9-3 of the Criminal Code of
    1961 or the Criminal Code of 2012 relating to the offense
    of reckless homicide, or a similar provision of a law of
    another state.
(Source: P.A. 96-502, eff. 1-1-10; 96-607, eff. 8-24-09;
96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11; 97-984, eff.
1-1-13; 97-1150, eff. 1-25-13.)
 
    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
    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 one or more
        passengers 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) and has been previously convicted of violating
        Section 9-3 of the Criminal Code of 1961 or the
        Criminal Code of 2012 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 or the Criminal Code of 2012;
            (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; or .
            (L) the person committed a violation of subsection
        (a) of this Section while transporting one or more
        passengers in a vehicle for-hire.
        (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.
        (J) A violation of subparagraph (D) of paragraph (1) of
    this subsection (d) is a Class 3 felony, for which a
    sentence of probation or conditional discharge may not be
    imposed.
        (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.
(Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.