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Public Act 094-0113
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| HB1081 Enrolled |
LRB094 08834 DRH 39052 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 11-501 as follows:
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(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
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Sec. 11-501. Driving while under the influence of alcohol, |
other drug or
drugs, intoxicating compound or compounds or any |
combination thereof.
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(a) A person shall not drive or be in actual
physical |
control of any vehicle within this State while:
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(1) the alcohol concentration in the person's blood or |
breath is 0.08
or more based on the definition of blood and |
breath units in Section 11-501.2;
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(2) under the influence of alcohol;
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(3) under the influence of any intoxicating compound or |
combination of
intoxicating compounds to a degree that |
renders the person incapable of
driving safely;
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(4) under the influence of any other drug or |
combination of drugs to a
degree that renders the person |
incapable of safely driving;
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(5) under the combined influence of alcohol, other drug |
or drugs, or
intoxicating compound or compounds to a degree |
that renders the person
incapable of safely driving; or
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(6) there is any amount of a drug, substance, or |
compound in the
person's breath, blood, or urine resulting |
from the unlawful use or consumption
of cannabis listed in |
the Cannabis Control Act, a controlled substance listed
in |
the Illinois Controlled Substances Act, or an intoxicating |
compound listed
in the Use of Intoxicating Compounds Act.
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(b) The fact that any person charged with violating this |
Section is or
has been legally entitled to use alcohol, other |
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drug or drugs, or
intoxicating compound or compounds, or any
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combination thereof, shall not constitute a defense against any |
charge of
violating this Section.
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(b-1) With regard to penalties imposed under this Section:
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(1) Any reference to a prior violation of subsection |
(a) or a similar
provision includes any violation of a |
provision of a local ordinance or a
provision of a law of |
another state that is similar to a violation of
subsection |
(a) of this Section.
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(2) Any penalty imposed for driving with a license that |
has been revoked
for a previous violation of subsection (a) |
of this Section shall be in
addition to the penalty imposed |
for any subsequent violation of subsection (a).
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(b-2) Except as otherwise provided in this Section, any |
person convicted of
violating subsection (a) of this Section is |
guilty of a Class A misdemeanor.
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(b-3) In addition to any other criminal or administrative |
sanction for any
second conviction of violating subsection (a) |
or a similar provision committed
within 5 years of a previous |
violation of subsection (a) or a similar
provision, the |
defendant shall be sentenced to a mandatory minimum of 5 days |
of
imprisonment or assigned a mandatory minimum of 240 hours of |
community service
as may be determined by the court.
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(b-4) In the case of a third or subsequent violation |
committed within 5
years of a previous violation of subsection |
(a) or a similar provision, in
addition to any other criminal |
or administrative sanction, a mandatory minimum
term of either |
10 days of imprisonment or 480 hours of community service shall
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be imposed.
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(b-5) The imprisonment or assignment of community service |
under subsections
(b-3) and (b-4) shall not be subject to |
suspension, nor shall the person be
eligible for a reduced |
sentence.
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(c) (Blank).
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(c-1) (1) A person who violates subsection (a)
during
a |
period in which his
or her driving privileges are revoked |
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or suspended, where the revocation or
suspension was for a |
violation of subsection (a), Section
11-501.1, paragraph |
(b)
of Section 11-401, or for reckless homicide as defined |
in Section 9-3 of
the Criminal Code of 1961 is guilty of a
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Class 4 felony.
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(2) A person who violates subsection (a) a third
time, |
if the third violation occurs during a period in
which his |
or her driving privileges are revoked or suspended where |
the
revocation
or suspension was for a violation of |
subsection (a),
Section 11-501.1, paragraph
(b) of Section |
11-401, or for reckless homicide as defined in Section 9-3
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of the Criminal Code of 1961, is guilty of
a Class 3 |
felony. |
(2.1) A person who violates subsection (a) a third |
time, if the third
violation occurs during a period in |
which his or her driving privileges are
revoked or |
suspended where the revocation or suspension was for a |
violation of
subsection (a), Section 11-501.1, subsection |
(b) of Section 11-401, or for
reckless homicide as defined |
in Section
9-3 of the Criminal Code of 1961, is guilty of a |
Class 3 felony; and if the
person receives a term of
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probation or conditional discharge, he or she shall be |
required to serve a
mandatory
minimum of 10 days of |
imprisonment or shall be assigned a mandatory minimum of
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480 hours of community service, as may be determined by the |
court, as a
condition of the probation or conditional |
discharge. This mandatory minimum
term of imprisonment or |
assignment of community service shall not be suspended
or |
reduced by the court.
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(2.2) A person who violates subsection (a), if the
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violation occurs during a period in which his or her |
driving privileges are
revoked or suspended where the |
revocation or suspension was for a violation of
subsection |
(a) or Section 11-501.1, shall also be sentenced to an |
additional
mandatory minimum term of 30 consecutive days of |
imprisonment, 40 days of
24-hour periodic imprisonment, or |
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720 hours of community service, as may be
determined by the |
court. This mandatory term of imprisonment or assignment of
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community service shall not be suspended or reduced by the |
court.
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(3) A person who violates subsection (a) a fourth or
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subsequent time, if the fourth or subsequent violation |
occurs
during a period in which his
or her driving |
privileges are revoked or suspended where the revocation
or |
suspension was for a violation of subsection (a),
Section |
11-501.1, paragraph
(b) of Section 11-401, or for reckless |
homicide as defined in
Section 9-3
of
the Criminal Code of |
1961, is guilty of
a Class 2 felony and is not eligible for |
a sentence of probation or
conditional discharge.
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(c-2) (Blank).
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(c-3) (Blank).
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(c-4) (Blank).
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(c-5) A person who violates subsection (a), if the person |
was transporting
a person under the age of 16 at the time of |
the violation, is subject to an
additional mandatory minimum |
fine of $1,000, an additional mandatory minimum
140 hours of |
community service, which shall include 40 hours of community
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service in a program benefiting children, and an additional 2 |
days of
imprisonment. The imprisonment or assignment of |
community service under this
subsection (c-5) is not subject to |
suspension, nor is the person eligible for
a reduced sentence.
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(c-6) Except as provided in subsections (c-7) and (c-8) a |
person who
violates
subsection (a) a second time, if at the |
time of
the second violation the person was transporting a |
person under the age of 16,
is subject to an additional 10 days |
of imprisonment, an additional mandatory
minimum fine of |
$1,000, and an additional mandatory minimum 140 hours of
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community service, which shall include 40 hours of community |
service in a
program benefiting children.
The imprisonment or |
assignment of community service under this subsection (c-6)
is |
not subject to suspension, nor is the person eligible for a |
reduced
sentence.
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(c-7) Except as provided in subsection (c-8), any person |
convicted of
violating subsection (c-6) or a similar
provision |
within 10 years of a previous violation of subsection (a) or a
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similar provision shall receive, in addition to any other |
penalty imposed, a
mandatory minimum 12 days imprisonment, an |
additional 40 hours of mandatory
community service in a program |
benefiting children, and a mandatory minimum
fine of $1,750. |
The imprisonment or assignment of community service under this
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subsection (c-7) is not subject to suspension, nor is the |
person
eligible for a reduced sentence.
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(c-8) Any person convicted of violating subsection (c-6) or |
a similar
provision within 5 years of a previous violation of |
subsection (a) or a similar
provision shall receive, in |
addition to any other penalty imposed, an
additional 80 hours |
of mandatory community service in a program benefiting
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children, an additional mandatory minimum 12 days of |
imprisonment, and a
mandatory minimum fine of $1,750. The |
imprisonment or assignment of community
service under this |
subsection (c-8) is not subject to suspension, nor
is the
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person eligible for a reduced sentence.
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(c-9) Any person convicted a third time for violating |
subsection (a) or a
similar provision, if at the time of the |
third violation the person was
transporting a person under the |
age of 16, is guilty of a Class 4 felony and shall
receive, in |
addition to any other
penalty imposed, an additional mandatory |
fine of $1,000, an additional
mandatory 140 hours of community |
service, which shall include 40 hours in a
program benefiting |
children, and a mandatory minimum 30 days of imprisonment.
The |
imprisonment or assignment of community service under this |
subsection (c-9)
is not subject to suspension, nor is the |
person eligible for a reduced
sentence.
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(c-10) Any person convicted of violating subsection (c-9) |
or a similar
provision a third time within 20 years of a |
previous violation of subsection
(a) or a
similar provision is |
guilty of a Class 4 felony and shall receive, in addition
to |
any other penalty imposed, an additional mandatory 40 hours of |
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community
service in a program benefiting children, an |
additional mandatory fine of
$3,000
$3000, and a mandatory |
minimum 120 days of imprisonment. The imprisonment or
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assignment of community service under this subsection (c-10) is |
not subject to
suspension, nor is the person eligible for a |
reduced sentence.
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(c-11) Any person convicted a fourth or subsequent time for |
violating
subsection (a) or a similar provision, if at the time |
of the fourth or
subsequent violation the person was |
transporting a person under the age of 16,
and if the person's |
3 prior violations of subsection (a) or a similar provision
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occurred while transporting a person under the age of 16 or |
while the alcohol
concentration in his or her blood, breath, or |
urine was 0.16 or more based
on the definition of blood, |
breath, or urine units in Section 11-501.2, is
guilty of a |
Class 2 felony, is not eligible for probation or conditional
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discharge, and is subject to a minimum fine of $3,000.
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(c-12) Any person convicted of a first violation of |
subsection (a) or a
similar provision, if the alcohol |
concentration in his or her blood, breath, or
urine was 0.16 or |
more based on the definition of blood, breath, or urine
units |
in Section 11-501.2, shall be subject, in addition to any other |
penalty
that may be imposed, to a mandatory minimum of 100 |
hours of community service
and a mandatory minimum fine of |
$500.
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(c-13) Any person convicted of a second violation of |
subsection (a) or a similar provision committed within 10 years |
of a previous violation of subsection (a) or a similar |
provision committed within 10 years of a previous violation of |
subsection (a) or a similar provision, if at the time of the |
second violation of subsection (a) the
alcohol concentration in |
his or her blood, breath, or urine was 0.16 or more
based on |
the definition of blood, breath, or urine units in Section |
11-501.2,
shall be
subject, in addition to any other penalty |
that may be imposed, to a mandatory
minimum of 2 days of |
imprisonment and a mandatory minimum fine of $1,250.
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(c-14) Any person convicted of a third violation of |
subsection (a) or a
similar provision within 20 years of a |
previous violation of subsection (a) or
a
similar provision, if |
at the time of the third violation of subsection (a) or a
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similar provision the alcohol concentration in his or her |
blood, breath, or
urine was 0.16 or more based on the |
definition of blood, breath, or urine units
in Section |
11-501.2, is guilty of a Class 4 felony and shall be subject, |
in
addition to any other penalty that may be imposed, to a |
mandatory minimum of
90 days of imprisonment and a mandatory |
minimum fine of $2,500.
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(c-15) Any person convicted of a fourth or subsequent |
violation of
subsection
(a) or a similar provision, if at the |
time of the fourth or subsequent
violation the alcohol |
concentration in his or her blood, breath, or urine was
0.16 or |
more based on the definition of blood, breath, or urine units |
in
Section 11-501.2, and if the person's 3 prior violations of |
subsection (a) or a
similar provision occurred while |
transporting a person under the age of 16 or
while the alcohol |
concentration in his or her blood, breath, or urine was 0.16
or |
more based on the definition of blood, breath, or urine units |
in Section
11-501.2, is guilty of a Class 2 felony and is not |
eligible for a sentence of
probation or conditional discharge |
and is subject to a minimum fine of
$2,500.
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(d) (1) Every person convicted of committing a violation of |
this Section
shall be guilty of aggravated driving under |
the influence of alcohol,
other drug or drugs, or |
intoxicating compound or compounds, or any combination
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thereof if:
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(A) the person committed a violation of subsection |
(a) or a similar
provision for the
third or subsequent |
time;
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(B) the person committed a violation of subsection |
(a)
while
driving a school bus with persons 18 years of |
age or younger
on board;
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(C) the person in committing a violation of |
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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;
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(D) the person committed a violation of subsection |
(a)
for a
second time and has been previously convicted |
of violating Section 9-3 of the
Criminal Code of 1961 |
or a similar provision of a law of another state |
relating to reckless homicide in which the person was
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determined to have been under the influence of alcohol, |
other drug or
drugs, or intoxicating compound or |
compounds as an element of the offense or
the person |
has previously been convicted
under subparagraph (C) |
or subparagraph (F) of this paragraph (1);
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(E) the person, in committing a violation of |
subsection (a) while
driving at any speed in a school |
speed zone at a time when a speed limit of
20 miles per |
hour was in effect under subsection (a) of Section |
11-605 of
this Code, was involved in a motor vehicle |
accident that resulted in bodily
harm, other than great |
bodily harm or permanent disability or disfigurement,
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to another person, when the violation of subsection (a) |
was a
proximate cause
of the bodily harm; or
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(F) the person, in committing a violation of |
subsection (a), was
involved in a motor vehicle, |
snowmobile, all-terrain vehicle, or watercraft
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accident that resulted in
the death of another person, |
when the violation of subsection
(a) was
a proximate |
cause of the death.
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(2) Except as provided in this paragraph (2), a person |
convicted of
aggravated driving under
the
influence of |
alcohol, other drug or
drugs,
or intoxicating compound or |
compounds, or any
combination thereof is guilty of a Class |
4 felony. For a violation of
subparagraph (C)
of
paragraph |
(1) of this subsection (d), the defendant, if sentenced to |
a term
of imprisonment, shall be sentenced
to not less than
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one year nor more than 12 years.
Aggravated driving under |
the influence of alcohol, other drug or drugs,
or |
intoxicating compound or compounds, or any combination |
thereof as
defined in subparagraph (F) of paragraph (1) of |
this subsection (d) is
a Class 2 felony, for which the |
defendant, unless the court determines that extraordinary |
circumstances exist and require probation
if sentenced to a |
term of
imprisonment, shall be sentenced to: (A) a
term of |
imprisonment of not less than 3 years and not more
than 14 |
years if the violation resulted in the death of one person; |
or
(B) a term of imprisonment of not less than 6 years and |
not
more than 28 years if the violation resulted in the |
deaths of 2 or more
persons.
For any prosecution under this |
subsection
(d), a certified copy of the
driving abstract of |
the defendant shall be admitted as proof of any prior
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conviction.
Any person sentenced under this subsection (d) |
who receives a term of
probation
or conditional discharge |
must serve a minimum term of either 480 hours of
community |
service or 10 days of imprisonment as a condition of the |
probation or
conditional discharge. This mandatory minimum |
term of imprisonment or
assignment of community service may |
not be suspended or reduced by the court.
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(e) After a finding of guilt and prior to any final |
sentencing, or an
order for supervision, for an offense based |
upon an arrest for a
violation of this Section or a similar |
provision of a local ordinance,
individuals shall be required |
to undergo a professional evaluation to
determine if an |
alcohol, drug, or intoxicating compound abuse problem exists
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and the
extent of the problem, and undergo the imposition of |
treatment as appropriate.
Programs conducting these |
evaluations shall be
licensed by the Department of Human |
Services. The cost of any professional
evaluation shall be paid |
for by the
individual
required to undergo the professional |
evaluation.
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(e-1) Any person who is found guilty of or pleads guilty to |
violating this
Section, including any person receiving a |
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disposition of court supervision for
violating this Section, |
may be required by the Court to attend a victim
impact panel |
offered by, or under contract with, a County State's Attorney's
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office, a probation and court services department, Mothers |
Against Drunk
Driving,
or the Alliance Against Intoxicated |
Motorists.
All costs generated by
the victim impact panel shall |
be paid from fees collected from the
offender or as may be |
determined by the court.
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(f) Every person found guilty of violating this Section, |
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.
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(g) The Secretary of State shall revoke the driving |
privileges of any
person convicted under this Section or a |
similar provision of a local
ordinance.
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(h) (Blank).
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(i) The Secretary of State shall require the use of |
ignition interlock
devices on all vehicles owned by an |
individual who has been convicted of a
second
or subsequent |
offense of this Section or a similar provision of a local
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ordinance. The Secretary shall establish by rule and regulation |
the procedures
for certification and use of the interlock |
system.
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(j) In addition to any other penalties and liabilities, a |
person who is
found guilty of or pleads guilty to violating |
subsection (a), including any
person placed on court |
supervision for violating subsection (a), shall be fined
$500, |
payable to the
circuit clerk, who shall distribute the money as |
follows: 20% to the law enforcement agency
that made the arrest |
and 80% shall be forwarded to the State Treasurer for deposit |
into the General Revenue Fund. If the person has been |
previously convicted of violating
subsection (a) or a similar |
provision of a local
ordinance, the fine shall be
$1,000. In |
the event that more than one agency is responsible
for the |
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arrest, the amount payable to law enforcement agencies shall be |
shared equally. Any moneys received
by a law
enforcement agency |
under this subsection (j) shall be used to purchase law
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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.
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(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.
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(l) Whenever an individual is sentenced for an offense |
based upon an
arrest for a violation of subsection (a) or a |
similar provision of a local
ordinance, and the professional |
evaluation recommends remedial or
rehabilitative treatment or |
education, neither the treatment nor the education
shall be the |
sole disposition and either or both may be imposed only in
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conjunction with another disposition. The court shall monitor |
compliance with
any remedial education or treatment |
recommendations contained in the
professional evaluation. |
Programs conducting alcohol or other drug evaluation
or |
remedial education must be licensed by the Department of Human |
Services. If
the individual is not a resident of Illinois, |
however, the court may accept an
alcohol or other drug |
evaluation or remedial education program in the
individual's |
state of residence. Programs providing treatment must be |
licensed
under existing applicable alcoholism and drug |
treatment licensure standards.
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(m) In addition to any other fine or penalty required by |
law, an individual
convicted of a violation of subsection (a), |
Section 5-7 of the Snowmobile
Registration and Safety Act, |
Section 5-16 of the Boat Registration and Safety
Act, or a |
similar provision, whose operation of a motor vehicle, |
snowmobile, or
watercraft while in
violation of subsection (a), |
Section 5-7 of the Snowmobile Registration and
Safety Act, |
Section 5-16 of the Boat Registration and Safety Act, or a |
similar
provision proximately caused an incident resulting in |
an appropriate emergency
response, shall be required to make |
restitution to a public agency for the
costs of that emergency |
response. The restitution may not exceed $1,000 per
public |
agency for each emergency response. As used in this subsection |
(m),
"emergency response" means any incident requiring a |
response by a police
officer, a firefighter carried on the |
rolls of a regularly constituted fire
department, or an |
ambulance.
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(Source: P.A. 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; 93-156, eff. 1-1-04; 93-213, eff. |
7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, |
eff. 1-1-05; 93-840, eff. 7-30-04; revised 1-13-05.)
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