Public Act 93-0584

HB0715 Enrolled                      LRB093 05818 DRH 05911 b

    AN ACT concerning vehicles.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  State  Finance Act is amended by adding
Section 5.595 as follows:

    (30 ILCS 105/5.595)
    Sec. 5.595.  The Secretary of State Police DUI Fund.

    Section 10.  The Illinois  Vehicle  Code  is  amended  by
changing Section 11-501 as follows:

    (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, or an intoxicating compound listed  in  the  Use  of
    Intoxicating Compounds 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)  Except  as  provided  under paragraphs (c-3), (c-4),
and (d) of this Section, every person convicted of  violating
this  Section  or  a  similar provision of a local ordinance,
shall be guilty of a Class A misdemeanor and, in addition  to
any  other  criminal or administrative action, for any second
conviction of violating this Section or a  similar  provision
of a law of another state or local ordinance committed within
5  years of a previous violation of this Section or a similar
provision of a local ordinance shall be mandatorily sentenced
to a minimum of 5 days  of  imprisonment  or  assigned  to  a
minimum  of 30 days of community service as may be determined
by the  court.  Every  person  convicted  of  violating  this
Section  or a similar provision of a local ordinance shall be
subject to an additional mandatory minimum fine of  $500  and
an  additional  mandatory  5  days  of community service in a
program  benefiting  children  if  the  person  committed   a
violation  of paragraph (a) or a similar provision of a local
ordinance while transporting a person under  age  16.   Every
person  convicted a second time for violating this Section or
a similar provision of a local ordinance within 5 years of  a
previous  violation of this Section or a similar provision of
a law of another state or local ordinance shall be subject to
an  additional  mandatory  minimum  fine  of  $500   and   an
additional  10  days  of  mandatory  community  service  in a
program  benefiting  children  if  the  current  offense  was
committed while transporting a  person  under  age  16.   The
imprisonment or assignment under this subsection shall not be
subject  to  suspension  nor shall the person be eligible for
probation in order to reduce the sentence or assignment.
    (c-1) (1)  A person who violates this  Section  during  a
    period in which his or her driving privileges are revoked
    or  suspended, where the revocation or suspension was for
    a violation of this Section, Section 11-501.1,  paragraph
    (b)  of  Section  11-401,  or Section 9-3 of the Criminal
    Code of 1961 is guilty of a Class 4 felony.
         (2)  A person who violates this Section a third time
    during a period in which his or  her  driving  privileges
    are   revoked   or  suspended  where  the  revocation  or
    suspension was for a violation of this  Section,  Section
    11-501.1, paragraph (b) of Section 11-401, or Section 9-3
    of  the  Criminal  Code  of  1961  is guilty of a Class 3
    felony.
         (3)  A person who violates this Section a fourth  or
    subsequent  time  during  a  period  in  which his or her
    driving privileges are revoked  or  suspended  where  the
    revocation  or  suspension  was  for  a violation of this
    Section,  Section  11-501.1,  paragraph  (b)  of  Section
    11-401, or Section 9-3 of the Criminal Code  of  1961  is
    guilty of a Class 2 felony.
    (c-2)  (Blank).
    (c-3)  Every  person  convicted of violating this Section
or a similar provision of a local ordinance who had  a  child
under  age 16 in the vehicle at the time of the offense shall
have his or her punishment under this Act enhanced by 2  days
of  imprisonment for a first offense, 10 days of imprisonment
for a second offense, 30 days of  imprisonment  for  a  third
offense,  and  90  days  of  imprisonment  for  a  fourth  or
subsequent  offense,  in  addition  to the fine and community
service  required  under  subsection  (c)  and  the  possible
imprisonment required under subsection (d).  The imprisonment
or assignment under this subsection shall not be  subject  to
suspension  nor shall the person be eligible for probation in
order to reduce the sentence or assignment.
    (c-4)  When a person is convicted  of  violating  Section
11-501  of  this  Code  or  a  similar  provision  of a local
ordinance, the following penalties  apply  when  his  or  her
blood,  breath,  or  urine  was  .16  or  more  based  on the
definition of  blood,  breath,  or  urine  units  in  Section
11-501.2  or  when that person is convicted of violating this
Section while transporting a child under the age of 16:
         (1)  A  person  who  is   convicted   of   violating
    subsection  (a)  of  Section  11-501 of this Code a first
    time, in addition  to  any  other  penalty  that  may  be
    imposed  under  subsection (c), is subject to a mandatory
    minimum of 100 hours of community service and  a  minimum
    fine of $500.
         (2)  A   person   who   is  convicted  of  violating
    subsection (a) of Section 11-501 of this  Code  a  second
    time  within  10  years, in addition to any other penalty
    that may be imposed under subsection (c), is subject to a
    mandatory minimum of 2 days of imprisonment and a minimum
    fine of $1,250.
         (3)  A  person  who  is   convicted   of   violating
    subsection  (a)  of  Section  11-501 of this Code a third
    time within 20 years is guilty of a Class 4  felony  and,
    in  addition  to  any  other  penalty that may be imposed
    under subsection (c), is subject to a  mandatory  minimum
    of 90 days of imprisonment and a minimum fine of $2,500.
         (4)  A  person  who  is  convicted of violating this
    subsection (c-4) a fourth or subsequent time is guilty of
    a Class 2 felony and, in addition to  any  other  penalty
    that may be imposed under subsection (c), 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 this
         Section, or a similar provision of a law of  another
         state  or a local ordinance when the cause of action
         is the same as  or  substantially  similar  to  this
         Section, for the third or subsequent time;
              (B)  the   person   committed  a  violation  of
         paragraph  (a)  while  driving  a  school  bus  with
         children on board;
              (C)  the person in committing  a  violation  of
         paragraph  (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
         paragraph  (a)  for  a  second  time  and  has  been
         previously convicted of violating Section 9-3 of the
         Criminal  Code of 1961 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) of this paragraph
         (1); or
              (E)  the person, in committing a  violation  of
         paragraph (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 paragraph (a) was a proximate cause of the bodily
         harm.
         (2)  Aggravated  driving  under  the  influence   of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds,  or  any  combination  thereof  is  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.   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.
    (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.
    (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 under Section
5-5-3 of the Unified Code of Corrections.
    (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)  Every person sentenced under paragraph (2) or (3) of
subsection (c-1) of this Section or subsection  (d)  of  this
Section  and  who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
60 days 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  shall  not  be suspended and shall not be
subject to reduction by the court.
    (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
this   Section,   including   any   person  placed  on  court
supervision for violating this Section, shall be fined  $100,
payable  to the circuit clerk, who shall distribute the money
to the law enforcement agency that made the arrest.   If  the
person  has  been  previously  convicted  of  violating  this
Section or a similar provision of a local ordinance, the fine
shall  be  $200.   In  the event that more than one agency is
responsible for the arrest, the $100 or $200 shall be  shared
equally.   Any  moneys  received  by a law enforcement agency
under this subsection (j)  shall  be  used  to  purchase  law
enforcement  equipment  that will assist in the prevention of
alcohol related criminal violence throughout the State.  This
shall include, but is 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  to  purchase  law
enforcement  equipment  that will assist in the prevention of
alcohol related criminal violence throughout the State.
    (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  to
purchase   law   enforcement   equipment  to  assist  in  the
prevention of alcohol related  criminal  violence  throughout
the State.
(Source: P.A.  91-126,  eff.  7-16-99;  91-357, eff. 7-29-99;
91-692, eff. 4-13-00;  91-822,  eff.  6-13-00;  92-248,  eff.
8-3-01;  92-418,  eff. 8-17-01; 92-420, eff. 8-17-01; 92-429,
eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.