Illinois General Assembly - Full Text of Public Act 098-0573
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Public Act 098-0573

 

Public Act 0573 98TH GENERAL ASSEMBLY

  
  
  
 

 
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.


Effective Date:  8/27/2013











  

    

      

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