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.