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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3422
Introduced 2/27/2007, by Rep. Gary Hannig SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that a person issued a restricted driving permit after being convicted of driving under the influence of alcohol or under the influence of a combination of alcohol and another drug or intoxicating compound may drive only a vehicle equipped with an ignition interlock device until his or her driver's license has been reinstated. Provides that if the person does not own a vehicle, he or she must use a transdermal alcohol monitoring device, or must have an ignition interlock device installed in a vehicle he or she does not own, until his or her driver's license has been reinstated. Provides that a person prohibited from driving a vehicle not equipped with the device commits a Class 4 felony if he or she drives a vehicle without the device. Sets additional penalties. Provides that the person commits a Class A misdemeanor if he or she leases, rents, or borrows a vehicle without telling the person from whom he or she rents, leases, or borrows the vehicle of his or her driving restriction. Provides that it is also a Class A misdemeanor to knowingly rent, lease, or loan a vehicle not equipped with the device to a person restricted to driving a vehicle equipped with the device. Sets additional penalties. Makes changes regarding administration of and funding for monitoring the use of ignition interlock and transdermal alcohol monitoring devices.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB3422 |
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LRB095 07788 DRH 27949 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 10. The Illinois Vehicle Code is amended by |
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| changing Sections 6-205, 6-206, 6-206.2, 6-208, and 11-501 and |
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| adding Sections 1-209.2 and 1-209.3 as follows: |
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| (625 ILCS 5/1-209.2 new) |
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| Sec. 1-209.2. Transdermal alcohol measurement. The |
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| detection and
determination of the ethanol alcohol content in a |
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| person's blood by using a
transdermal alcohol monitoring |
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| device, as defined in Section 1-209.3, that is in close and |
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| constant contact with the skin. |
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| (625 ILCS 5/1-209.3 new) |
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| Sec. 1-209.3. Transdermal alcohol monitoring device. An |
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| external
and noninvasive device approved by the Secretary of |
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| State that: |
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| (1) is worn by a person 24 hours a day; |
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| (2) provides at least one transdermal alcohol |
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| measurement during each one-hour period; and |
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| (3) transmits the transdermal alcohol measurements at |
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| least one time in a period of 24 hours.
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HB3422 |
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| (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
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| Sec. 6-205. Mandatory revocation of license or permit; |
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| Hardship cases.
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| (a) Except as provided in this Section, the Secretary of |
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| State shall
immediately revoke the license, permit, or driving |
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| privileges of
any driver upon receiving a
report of the |
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| driver's conviction of any of the following offenses:
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| 1. Reckless homicide resulting from the operation of a |
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| motor vehicle;
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| 2. Violation of Section 11-501 of this Code or a |
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| similar provision of
a local ordinance relating to the |
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| offense of operating or being in physical
control of a |
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| vehicle while under the influence of alcohol, other drug or
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| drugs, intoxicating compound or compounds, or any |
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| combination thereof;
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| 3. Any felony under the laws of any State or the |
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| federal government
in the commission of which a motor |
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| vehicle was used;
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| 4. Violation of Section 11-401 of this Code relating to |
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| the offense of
leaving the scene of a traffic accident |
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| involving death or personal injury;
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| 5. Perjury or the making of a false affidavit or |
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| statement under
oath to the Secretary of State under this |
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| Code or under any
other law relating to the ownership or |
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| operation of motor vehicles;
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| 6. Conviction upon 3 charges of violation of Section |
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HB3422 |
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| 11-503 of this
Code relating to the offense of reckless |
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| driving committed within a
period of 12 months;
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| 7. Conviction of any offense
defined in
Section 4-102 |
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| of this Code;
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| 8. Violation of Section 11-504 of this Code relating to |
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| the offense
of drag racing;
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| 9. Violation of Chapters 8 and 9 of this Code;
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| 10. Violation of Section 12-5 of the Criminal Code of |
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| 1961 arising from
the use of a motor vehicle;
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| 11. Violation of Section 11-204.1 of this Code relating |
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| to aggravated
fleeing or attempting to elude a peace |
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| officer;
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| 12. Violation of paragraph (1) of subsection (b) of |
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| Section 6-507,
or a similar law of any other state, |
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| relating to the
unlawful operation of a commercial motor |
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| vehicle;
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| 13. Violation of paragraph (a) of Section 11-502 of |
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| this Code or a
similar provision of a local ordinance if |
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| the driver has been previously
convicted of a violation of |
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| that Section or a similar provision of a local
ordinance |
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| and the driver was less than 21 years of age at the time of |
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| the
offense.
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| (b) The Secretary of State shall also immediately revoke |
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| the license
or permit of any driver in the following |
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| situations:
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| 1. Of any minor upon receiving the notice provided for |
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| in Section
5-901 of the Juvenile Court Act of 1987 that the |
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| minor has been
adjudicated under that Act as having |
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| committed an offense relating to
motor vehicles prescribed |
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| in Section 4-103 of this Code;
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| 2. Of any person when any other law of this State |
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| requires either the
revocation or suspension of a license |
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| or permit.
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| (c) Whenever a person is convicted of any of the offenses |
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| enumerated in
this Section , except for violations of |
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| subdivision (a)(1), (a)(2), or (a)(5) of Section 11-501 , the |
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| court may recommend and the Secretary of State in his
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| discretion, without regard to whether the recommendation is |
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| made by the
court may, upon application,
issue to the person a
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| restricted driving permit granting the privilege of driving a |
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| motor
vehicle between the petitioner's residence and |
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| petitioner's place
of employment or within the scope of the |
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| petitioner's employment related
duties, or to allow |
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| transportation for the petitioner or a household member
of the |
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| petitioner's family for the receipt of necessary medical care |
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| or, if
the professional evaluation indicates, provide |
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| transportation for the
petitioner for alcohol remedial or |
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| rehabilitative activity, or for the
petitioner to attend |
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| classes, as a student, in an accredited educational
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| institution; if the petitioner is able to demonstrate that no |
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| alternative means
of transportation is reasonably available |
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| and the petitioner will not endanger
the public safety or |
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| welfare; provided that the Secretary's discretion shall be
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| limited to cases where undue hardship would result from a |
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| failure to issue the
restricted driving permit.
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| If a person's license or permit has been revoked or |
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| suspended due to 2 or
more convictions of violating Section |
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| 11-501 of this Code or a similar
provision of a local ordinance |
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| or a similar out-of-state offense, arising out
of separate |
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| occurrences, that person, if issued a restricted driving |
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| permit,
may not operate a vehicle unless it has been equipped |
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| with an ignition
interlock device as defined in Section |
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| 1-129.1.
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| If a person's license or permit has been revoked or |
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| suspended 2 or more
times within a 10 year period due to a |
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| single conviction of violating Section
11-501 of this Code or a |
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| similar provision of a local ordinance or a similar
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| out-of-state offense, and a statutory summary suspension under |
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| Section
11-501.1, or 2 or more statutory summary suspensions, |
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| or combination of 2
offenses, or of an offense and a statutory |
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| summary suspension, arising out of
separate occurrences, that |
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| person, if issued a restricted
driving permit, may not operate |
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| a vehicle unless it has been equipped with an
ignition |
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| interlock device as defined in Section 1-129.1.
The person must |
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| pay to the Secretary of State DUI Administration Fund an amount
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| not to exceed $20 per month. The Secretary shall establish by |
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| rule the amount
and the procedures, terms, and conditions |
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| relating to these fees.
If the restricted driving permit was |
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HB3422 |
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| issued for employment purposes, then
this provision does not |
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| apply to the operation of an occupational vehicle
owned or |
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| leased by that person's employer.
In each case the Secretary of |
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| State may issue a
restricted driving permit for a period he |
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| deems appropriate, except that the
permit shall expire within |
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| one year from the date of issuance. The Secretary
may not, |
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| however, issue a restricted driving permit to any person whose |
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| current
revocation is the result of a second or subsequent |
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| conviction for a violation
of Section 11-501 of this Code or a |
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| similar provision of a local ordinance
relating to the offense |
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| of operating or being in physical control of a motor
vehicle |
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| while under the influence of alcohol, other drug or drugs, |
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| intoxicating
compound or compounds, or any similar |
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| out-of-state offense, or any combination
thereof, until the |
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| expiration of at least one year from the date of the
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| revocation. A restricted
driving permit issued under this |
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| Section shall be
subject to cancellation, revocation, and |
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| suspension by the Secretary of
State in like manner and for |
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| like cause as a driver's license issued
under this Code may be |
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| cancelled, revoked, or
suspended; except that a conviction upon |
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| one or more offenses against laws or
ordinances regulating the |
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| movement of traffic shall be deemed sufficient cause
for the |
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| revocation, suspension, or cancellation of a restricted |
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| driving permit.
The Secretary of State may, as a condition to |
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| the issuance of a restricted
driving permit, require the |
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| applicant to participate in a designated driver
remedial or |
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HB3422 |
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LRB095 07788 DRH 27949 b |
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| rehabilitative program. The Secretary of State is authorized to
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| cancel a restricted driving permit if the permit holder does |
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| not successfully
complete the program. However, if an |
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| individual's driving privileges have been
revoked in |
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| accordance with paragraph 13 of subsection (a) of this Section, |
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| no
restricted driving permit shall be issued until the |
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| individual has served 6
months of the revocation period.
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| (d) (Blank).
Whenever a person under the age of 21 is |
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| convicted under Section
11-501 of this Code or a similar |
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| provision of a local ordinance, the
Secretary of State shall |
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| revoke the driving privileges of that person. One
year after |
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| the date of revocation, and upon application, the Secretary of
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| State may, if satisfied that the person applying will not |
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| endanger the
public safety or welfare, issue a restricted |
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| driving permit granting the
privilege of driving a motor |
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| vehicle only between the hours of 5 a.m. and 9
p.m. or as |
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| otherwise provided by this Section for a period of one year.
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| After this one year period, and upon reapplication for a |
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| license as
provided in Section 6-106, upon payment of the |
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| appropriate reinstatement
fee provided under paragraph (b) of |
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| Section 6-118, the Secretary of State,
in his discretion, may
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| issue the applicant a
license, or extend the restricted driving |
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| permit as many times as the
Secretary of State deems |
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| appropriate, by additional periods of not more than
12 months |
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| each, until the applicant attains 21 years of age.
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| If a person's license or permit has been revoked or |
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HB3422 |
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LRB095 07788 DRH 27949 b |
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| suspended due to 2 or
more convictions of violating Section |
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| 11-501 of this Code or a similar
provision of a local ordinance |
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| or a similar out-of-state offense, arising out
of separate |
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| occurrences, that person, if issued a restricted driving |
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| permit,
may not operate a vehicle unless it has been equipped |
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| with an ignition
interlock device as defined in Section |
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| 1-129.1.
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| If a person's license or permit has been revoked or |
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| suspended 2 or more times
within a 10 year period due to a |
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| single conviction of violating Section 11-501
of this
Code or a |
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| similar provision of a local ordinance or a similar |
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| out-of-state
offense, and
a statutory summary suspension under |
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| Section 11-501.1, or 2 or more statutory
summary
suspensions, |
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| or combination of 2 offenses, or of an offense and a statutory
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| summary
suspension, arising out of separate occurrences, that |
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| person, if issued a
restricted
driving permit, may not operate |
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| a vehicle unless it has been equipped with an
ignition |
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| interlock device as defined in Section 1-129.1.
The person must |
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| pay to the Secretary of State DUI Administration Fund an amount
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| not to exceed $20 per month. The Secretary shall establish by |
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| rule the amount
and the procedures, terms, and conditions |
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| relating to these fees.
If the restricted driving permit was |
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| issued for employment purposes, then
this provision does not |
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| apply to the operation of an occupational vehicle
owned or |
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| leased by that person's employer. A
restricted driving permit |
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| issued under this Section shall be subject to
cancellation, |
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HB3422 |
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| revocation, and suspension by the Secretary of State in like
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| manner and for like cause as a driver's license issued under |
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| this Code may be
cancelled, revoked, or suspended; except that |
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| a conviction upon one or more
offenses against laws or |
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| ordinances regulating the movement of traffic
shall be deemed |
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| sufficient cause for the revocation, suspension, or
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| cancellation of a restricted driving permit.
The revocation |
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| periods contained in this subparagraph shall apply to similar
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| out-of-state convictions.
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| (d-5) Whenever a person is convicted of violating |
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| subdivision (a)(1), (a)(2), or (a)(5) of Section 11-501, the |
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| Secretary of
State shall issue a restricted driving permit to |
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| that person. This permit is contingent upon the installation of
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| an ignition interlock device or, when applicable, the use of a |
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| transdermal alcohol monitoring device, and shall remain in |
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| effect until the person's driver's license has been reinstated.
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| Removal of an ignition interlock device before the person's |
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| driver's license has been reinstated or tampering with an |
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| ignition interlock device shall result in immediate |
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| cancellation of the restricted driving permit and criminal |
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| penalties, as provided in subsections (i-1) and (i-2) of |
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| Section 11-501.
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| (e) This Section is subject to the provisions of the Driver |
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| License
Compact.
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| (f) Any revocation imposed upon any person under |
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| subsections 2
and 3 of paragraph (b) that is in effect on |
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| December 31, 1988 shall be
converted to a suspension for a like |
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| period of time.
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| (g) The Secretary of State shall not issue a restricted |
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| driving permit to
a person under the age of 16 years whose |
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| driving privileges have been revoked
under any provisions of |
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| this Code.
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| (h) The Secretary of State shall require the use of |
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| ignition interlock
devices on all vehicles owned by an |
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| individual who has been convicted of an
a
second or subsequent
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| offense under Section 11-501 of this Code or a similar
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| provision of a local ordinance. The Secretary shall establish |
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| by rule and
regulation the procedures for certification and use |
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| of the interlock
system.
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| (i) The Secretary of State may not issue a restricted |
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| driving permit for
a period of one year after a second or |
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| subsequent revocation of driving
privileges under clause |
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| (a)(2) of this Section; however, one
year after the date of a |
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| second or subsequent revocation of driving privileges
under |
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| clause (a)(2) of this Section, the Secretary of State may,
upon |
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| application, issue a restricted driving permit under the terms |
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| and
conditions of subsection (c).
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| (j) In accordance with 49 C.F.R. 384, the Secretary of |
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| State may not issue a restricted driving permit for the |
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| operation of a commercial motor vehicle to a person holding a |
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| CDL whose driving privileges have been revoked under any |
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| provisions of this Code.
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| (Source: P.A. 93-120, eff. 1-1-04; 94-307, eff. 9-30-05.)
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| (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
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| Sec. 6-206. Discretionary authority to suspend or revoke |
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| license or
permit; Right to a hearing.
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| (a) The Secretary of State is authorized to suspend or |
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| revoke the
driving privileges of any person without preliminary |
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| hearing upon a showing
of the person's records or other |
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| sufficient evidence that
the person:
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| 1. Has committed an offense for which mandatory |
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| revocation of
a driver's license or permit is required upon |
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| conviction;
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| 2. Has been convicted of not less than 3 offenses |
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| against traffic
regulations governing the movement of |
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| vehicles committed within any 12
month period. No |
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| revocation or suspension shall be entered more than
6 |
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| months after the date of last conviction;
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| 3. Has been repeatedly involved as a driver in motor |
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| vehicle
collisions or has been repeatedly convicted of |
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| offenses against laws and
ordinances regulating the |
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| movement of traffic, to a degree that
indicates lack of |
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| ability to exercise ordinary and reasonable care in
the |
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| safe operation of a motor vehicle or disrespect for the |
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| traffic laws
and the safety of other persons upon the |
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| highway;
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| 4. Has by the unlawful operation of a motor vehicle |
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| caused or
contributed to an accident resulting in death or |
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| injury requiring
immediate professional treatment in a |
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| medical facility or doctor's office
to any person, except |
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| that any suspension or revocation imposed by the
Secretary |
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| of State under the provisions of this subsection shall |
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| start no
later than 6 months after being convicted of |
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| violating a law or
ordinance regulating the movement of |
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| traffic, which violation is related
to the accident, or |
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| shall start not more than one year
after
the date of the |
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| accident, whichever date occurs later;
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| 5. Has permitted an unlawful or fraudulent use of a |
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| driver's
license, identification card, or permit;
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| 6. Has been lawfully convicted of an offense or |
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| offenses in another
state, including the authorization |
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| contained in Section 6-203.1, which
if committed within |
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| this State would be grounds for suspension or revocation;
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| 7. Has refused or failed to submit to an examination |
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| provided for by
Section 6-207 or has failed to pass the |
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| examination;
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| 8. Is ineligible for a driver's license or permit under |
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| the provisions
of Section 6-103;
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| 9. Has made a false statement or knowingly concealed a |
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| material fact
or has used false information or |
24 |
| identification in any application for a
license, |
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| identification card, or permit;
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| 10. Has possessed, displayed, or attempted to |
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| fraudulently use any
license, identification card, or |
2 |
| permit not issued to the person;
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| 11. Has operated a motor vehicle upon a highway of this |
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| State when
the person's driving privilege or privilege to |
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| obtain a driver's license
or permit was revoked or |
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| suspended unless the operation was authorized by
a judicial |
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| driving permit, probationary license to drive, or a |
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| restricted
driving permit issued under this Code;
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| 12. Has submitted to any portion of the application |
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| process for
another person or has obtained the services of |
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| another person to submit to
any portion of the application |
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| process for the purpose of obtaining a
license, |
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| identification card, or permit for some other person;
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| 13. Has operated a motor vehicle upon a highway of this |
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| State when
the person's driver's license or permit was |
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| invalid under the provisions of
Sections 6-107.1 and
6-110;
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| 14. Has committed a violation of Section 6-301, |
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| 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B |
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| of the Illinois Identification Card
Act;
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| 15. Has been convicted of violating Section 21-2 of the |
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| Criminal Code
of 1961 relating to criminal trespass to |
22 |
| vehicles in which case, the suspension
shall be for one |
23 |
| year;
|
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| 16. Has been convicted of violating Section 11-204 of |
25 |
| this Code relating
to fleeing from a peace officer;
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| 17. Has refused to submit to a test, or tests, as |
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HB3422 |
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LRB095 07788 DRH 27949 b |
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| required under Section
11-501.1 of this Code and the person |
2 |
| has not sought a hearing as
provided for in Section |
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| 11-501.1;
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| 18. Has, since issuance of a driver's license or |
5 |
| permit, been adjudged
to be afflicted with or suffering |
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| from any mental disability or disease;
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| 19. Has committed a violation of paragraph (a) or (b) |
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| of Section 6-101
relating to driving without a driver's |
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| license;
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| 20. Has been convicted of violating Section 6-104 |
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| relating to
classification of driver's license;
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| 21. Has been convicted of violating Section 11-402 of
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| this Code relating to leaving the scene of an accident |
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| resulting in damage
to a vehicle in excess of $1,000, in |
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| which case the suspension shall be
for one year;
|
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| 22. Has used a motor vehicle in violating paragraph |
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| (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
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| the Criminal Code of 1961 relating
to unlawful use of |
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| weapons, in which case the suspension shall be for one
|
20 |
| year;
|
21 |
| 23. Has, as a driver, been convicted of committing a |
22 |
| violation of
paragraph (a) of Section 11-502 of this Code |
23 |
| for a second or subsequent
time within one year of a |
24 |
| similar violation;
|
25 |
| 24. Has been convicted by a court-martial or punished |
26 |
| by non-judicial
punishment by military authorities of the |
|
|
|
HB3422 |
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|
|
1 |
| United States at a military
installation in Illinois of or |
2 |
| for a traffic related offense that is the
same as or |
3 |
| similar to an offense specified under Section 6-205 or |
4 |
| 6-206 of
this Code;
|
5 |
| 25. Has permitted any form of identification to be used |
6 |
| by another in
the application process in order to obtain or |
7 |
| attempt to obtain a license,
identification card, or |
8 |
| permit;
|
9 |
| 26. Has altered or attempted to alter a license or has |
10 |
| possessed an
altered license, identification card, or |
11 |
| permit;
|
12 |
| 27. Has violated Section 6-16 of the Liquor Control Act |
13 |
| of 1934;
|
14 |
| 28. Has been convicted of the illegal possession, while |
15 |
| operating or
in actual physical control, as a driver, of a |
16 |
| motor vehicle, of any
controlled substance prohibited |
17 |
| under the Illinois Controlled Substances
Act, any cannabis |
18 |
| prohibited under the Cannabis Control
Act, or any |
19 |
| methamphetamine prohibited under the Methamphetamine |
20 |
| Control and Community Protection Act, in which case the |
21 |
| person's driving privileges shall be suspended for
one |
22 |
| year, and any driver who is convicted of a second or |
23 |
| subsequent
offense, within 5 years of a previous |
24 |
| conviction, for the illegal
possession, while operating or |
25 |
| in actual physical control, as a driver, of
a motor |
26 |
| vehicle, of any controlled substance prohibited under the |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| Illinois Controlled Substances Act, any cannabis
|
2 |
| prohibited under the Cannabis Control Act, or any |
3 |
| methamphetamine prohibited under the Methamphetamine |
4 |
| Control and Community Protection Act shall be suspended for |
5 |
| 5 years.
Any defendant found guilty of this offense while |
6 |
| operating a motor vehicle,
shall have an entry made in the |
7 |
| court record by the presiding judge that
this offense did |
8 |
| occur while the defendant was operating a motor vehicle
and |
9 |
| order the clerk of the court to report the violation to the |
10 |
| Secretary
of State;
|
11 |
| 29. Has been convicted of the following offenses that |
12 |
| were committed
while the person was operating or in actual |
13 |
| physical control, as a driver,
of a motor vehicle: criminal |
14 |
| sexual assault,
predatory criminal sexual assault of a |
15 |
| child,
aggravated criminal sexual
assault, criminal sexual |
16 |
| abuse, aggravated criminal sexual abuse, juvenile
pimping, |
17 |
| soliciting for a juvenile prostitute and the manufacture, |
18 |
| sale or
delivery of controlled substances or instruments |
19 |
| used for illegal drug use
or abuse in which case the |
20 |
| driver's driving privileges shall be suspended
for one |
21 |
| year;
|
22 |
| 30. Has been convicted a second or subsequent time for |
23 |
| any
combination of the offenses named in paragraph 29 of |
24 |
| this subsection,
in which case the person's driving |
25 |
| privileges shall be suspended for 5
years;
|
26 |
| 31. Has refused to submit to a test as
required by |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| Section 11-501.6 or has submitted to a test resulting in
an |
2 |
| alcohol concentration of 0.08 or more or any amount of a |
3 |
| drug, substance, or
compound resulting from the unlawful |
4 |
| use or consumption of cannabis as listed
in the Cannabis |
5 |
| Control Act, a controlled substance as listed in the |
6 |
| Illinois
Controlled Substances Act, or an intoxicating |
7 |
| compound as listed in the Use of
Intoxicating Compounds |
8 |
| Act, in which case the penalty shall be
as prescribed in |
9 |
| Section 6-208.1;
|
10 |
| 32. Has been convicted of Section 24-1.2 of the |
11 |
| Criminal Code of
1961 relating to the aggravated discharge |
12 |
| of a firearm if the offender was
located in a motor vehicle |
13 |
| at the time the firearm was discharged, in which
case the |
14 |
| suspension shall be for 3 years;
|
15 |
| 33. Has as a driver, who was less than 21 years of age |
16 |
| on the date of
the offense, been convicted a first time of |
17 |
| a violation of paragraph (a) of
Section 11-502 of this Code |
18 |
| or a similar provision of a local ordinance;
|
19 |
| 34. Has committed a violation of Section 11-1301.5 of |
20 |
| this Code;
|
21 |
| 35. Has committed a violation of Section 11-1301.6 of |
22 |
| this Code;
|
23 |
| 36. Is under the age of 21 years at the time of arrest |
24 |
| and has been
convicted of not less than 2 offenses against |
25 |
| traffic regulations governing
the movement of vehicles |
26 |
| committed within any 24 month period. No revocation
or |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| suspension shall be entered more than 6 months after the |
2 |
| date of last
conviction;
|
3 |
| 37. Has committed a violation of subsection (c) of |
4 |
| Section 11-907 of this
Code;
|
5 |
| 38. Has been convicted of a violation of Section 6-20 |
6 |
| of the Liquor
Control Act of 1934 or a similar provision of |
7 |
| a local ordinance;
|
8 |
| 39. Has committed a second or subsequent violation of |
9 |
| Section
11-1201 of this Code;
|
10 |
| 40. Has committed a violation of subsection (a-1) of |
11 |
| Section 11-908 of
this Code; |
12 |
| 41. Has committed a second or subsequent violation of |
13 |
| Section 11-605.1 of this Code within 2 years of the date of |
14 |
| the previous violation, in which case the suspension shall |
15 |
| be for 90 days; or |
16 |
| 42. Has committed a violation of subsection (a-1) of |
17 |
| Section 11-1301.3 of this Code. |
18 |
| For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
19 |
| and 27 of this
subsection, license means any driver's license, |
20 |
| any traffic ticket issued when
the person's driver's license is |
21 |
| deposited in lieu of bail, a suspension
notice issued by the |
22 |
| Secretary of State, a duplicate or corrected driver's
license, |
23 |
| a probationary driver's license or a temporary driver's |
24 |
| license.
|
25 |
| (b) If any conviction forming the basis of a suspension or
|
26 |
| revocation authorized under this Section is appealed, the
|
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| Secretary of State may rescind or withhold the entry of the |
2 |
| order of suspension
or revocation, as the case may be, provided |
3 |
| that a certified copy of a stay
order of a court is filed with |
4 |
| the Secretary of State. If the conviction is
affirmed on |
5 |
| appeal, the date of the conviction shall relate back to the |
6 |
| time
the original judgment of conviction was entered and the 6 |
7 |
| month limitation
prescribed shall not apply.
|
8 |
| (c) 1. Upon suspending or revoking the driver's license or |
9 |
| permit of
any person as authorized in this Section, the |
10 |
| Secretary of State shall
immediately notify the person in |
11 |
| writing of the revocation or suspension.
The notice to be |
12 |
| deposited in the United States mail, postage prepaid,
to |
13 |
| the last known address of the person.
|
14 |
| 2. If the Secretary of State suspends the driver's |
15 |
| license
of a person under subsection 2 of paragraph (a) of |
16 |
| this Section, a
person's privilege to operate a vehicle as |
17 |
| an occupation shall not be
suspended, provided an affidavit |
18 |
| is properly completed, the appropriate fee
received, and a |
19 |
| permit issued prior to the effective date of the
|
20 |
| suspension, unless 5 offenses were committed, at least 2 of |
21 |
| which occurred
while operating a commercial vehicle in |
22 |
| connection with the driver's
regular occupation. All other |
23 |
| driving privileges shall be suspended by the
Secretary of |
24 |
| State. Any driver prior to operating a vehicle for
|
25 |
| occupational purposes only must submit the affidavit on |
26 |
| forms to be
provided by the Secretary of State setting |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| forth the facts of the person's
occupation. The affidavit |
2 |
| shall also state the number of offenses
committed while |
3 |
| operating a vehicle in connection with the driver's regular
|
4 |
| occupation. The affidavit shall be accompanied by the |
5 |
| driver's license.
Upon receipt of a properly completed |
6 |
| affidavit, the Secretary of State
shall issue the driver a |
7 |
| permit to operate a vehicle in connection with the
driver's |
8 |
| regular occupation only. Unless the permit is issued by the
|
9 |
| Secretary of State prior to the date of suspension, the |
10 |
| privilege to drive
any motor vehicle shall be suspended as |
11 |
| set forth in the notice that was
mailed under this Section. |
12 |
| If an affidavit is received subsequent to the
effective |
13 |
| date of this suspension, a permit may be issued for the |
14 |
| remainder
of the suspension period.
|
15 |
| The provisions of this subparagraph shall not apply to |
16 |
| any driver
required to possess a CDL for the purpose of |
17 |
| operating a commercial motor vehicle.
|
18 |
| Any person who falsely states any fact in the affidavit |
19 |
| required
herein shall be guilty of perjury under Section |
20 |
| 6-302 and upon conviction
thereof shall have all driving |
21 |
| privileges revoked without further rights.
|
22 |
| 3. At the conclusion of a hearing under Section 2-118 |
23 |
| of this Code,
the Secretary of State shall either rescind |
24 |
| or continue an order of
revocation or shall substitute an |
25 |
| order of suspension; or, good
cause appearing therefor, |
26 |
| rescind, continue, change, or extend the
order of |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| suspension. If the Secretary of State does not rescind the |
2 |
| order,
the Secretary may upon application,
to relieve undue |
3 |
| hardship, issue
a restricted driving permit granting the |
4 |
| privilege of driving a motor
vehicle between the |
5 |
| petitioner's residence and petitioner's place of
|
6 |
| employment or within the scope of his employment related |
7 |
| duties, or to
allow transportation for the petitioner, or a |
8 |
| household member of the
petitioner's family, to receive |
9 |
| necessary medical care and if the
professional evaluation |
10 |
| indicates, provide transportation for alcohol
remedial or |
11 |
| rehabilitative activity, or for the petitioner to attend
|
12 |
| classes, as a student, in an accredited educational |
13 |
| institution; if the
petitioner is able to demonstrate that |
14 |
| no alternative means of
transportation is reasonably |
15 |
| available and the petitioner will not endanger
the public |
16 |
| safety or welfare.
|
17 |
| If a person's license or permit has been revoked or |
18 |
| suspended due to 2
or more convictions of violating Section |
19 |
| 11-501 of this Code or a similar
provision of a local |
20 |
| ordinance or a similar out-of-state offense, arising out
of |
21 |
| separate occurrences, that person, if issued a restricted |
22 |
| driving permit,
may not operate a vehicle unless it has |
23 |
| been equipped with an ignition
interlock device as defined |
24 |
| in Section 1-129.1.
|
25 |
| If a person's license or permit has been revoked or |
26 |
| suspended 2 or more
times within a 10 year period due to a |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| single conviction of violating Section
11-501 of this Code |
2 |
| or a similar provision of a local ordinance or a similar
|
3 |
| out-of-state offense, and a statutory summary suspension |
4 |
| under Section
11-501.1, or 2 or more statutory summary |
5 |
| suspensions, or combination of 2
offenses, or of an offense |
6 |
| and a statutory summary suspension, arising out of
separate |
7 |
| occurrences, that person, if issued a restricted driving |
8 |
| permit, may
not operate a vehicle unless it has been
|
9 |
| equipped with an ignition interlock device as defined in |
10 |
| Section 1-129.1.
The person must pay to the Secretary of |
11 |
| State DUI Administration Fund an amount
not to exceed $20 |
12 |
| per month. The Secretary shall establish by rule the amount
|
13 |
| and the procedures, terms, and conditions relating to these |
14 |
| fees. If the
restricted driving permit was issued for |
15 |
| employment purposes, then this
provision does not apply to |
16 |
| the operation of an occupational vehicle owned or
leased by |
17 |
| that person's employer. In each case the Secretary may |
18 |
| issue a
restricted driving permit for a period deemed |
19 |
| appropriate, except that all
permits shall expire within |
20 |
| one year from the date of issuance. The Secretary
may not, |
21 |
| however, issue a restricted driving permit to any person |
22 |
| whose current
revocation is the result of a second or |
23 |
| subsequent conviction for a violation
of Section 11-501 of |
24 |
| this Code or a similar provision of a local ordinance
|
25 |
| relating to the offense of operating or being in physical |
26 |
| control of a motor
vehicle while under the influence of |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| alcohol, other drug or drugs, intoxicating
compound or |
2 |
| compounds, or any similar out-of-state offense, or any |
3 |
| combination
of those offenses, until the expiration of at |
4 |
| least one year from the date of
the revocation. A
|
5 |
| restricted driving permit issued under this Section shall |
6 |
| be subject to
cancellation, revocation, and suspension by |
7 |
| the Secretary of State in like
manner and for like cause as |
8 |
| a driver's license issued under this Code may be
cancelled, |
9 |
| revoked, or suspended; except that a conviction upon one or |
10 |
| more
offenses against laws or ordinances regulating the |
11 |
| movement of traffic
shall be deemed sufficient cause for |
12 |
| the revocation, suspension, or
cancellation of a |
13 |
| restricted driving permit. The Secretary of State may, as
a |
14 |
| condition to the issuance of a restricted driving permit, |
15 |
| require the
applicant to participate in a designated driver |
16 |
| remedial or rehabilitative
program. The Secretary of State |
17 |
| is authorized to cancel a restricted
driving permit if the |
18 |
| permit holder does not successfully complete the program.
|
19 |
| (c-5) The Secretary of State may, as a condition of the |
20 |
| reissuance of a
driver's license or permit to an applicant |
21 |
| whose driver's license or permit has
been suspended before he |
22 |
| or she reached the age of 18 years pursuant to any of
the |
23 |
| provisions of this Section, require the applicant to |
24 |
| participate in a
driver remedial education course and be |
25 |
| retested under Section 6-109 of this
Code.
|
26 |
| (d) This Section is subject to the provisions of the |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| Drivers License
Compact.
|
2 |
| (e) The Secretary of State shall not issue a restricted |
3 |
| driving permit to
a person under the age of 16 years whose |
4 |
| driving privileges have been suspended
or revoked under any |
5 |
| provisions of this Code.
|
6 |
| (f) In accordance with 49 C.F.R. 384, the Secretary of |
7 |
| State may not issue a restricted driving permit for the |
8 |
| operation of a commercial motor vehicle to a person holding a |
9 |
| CDL whose driving privileges have been suspended or revoked |
10 |
| under any provisions of this Code. |
11 |
| (Source: P.A. 93-120, eff. 1-1-04; 93-667, eff. 3-19-04; |
12 |
| 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; 94-307, eff. |
13 |
| 9-30-05; 94-556, eff. 9-11-05; 94-930, eff. 6-26-06.)
|
14 |
| (625 ILCS 5/6-206.2)
|
15 |
| Sec. 6-206.2. Violations relating to an ignition interlock |
16 |
| device.
|
17 |
| (a) It is unlawful for any person whose driving privilege |
18 |
| is restricted
by being prohibited from operating a motor |
19 |
| vehicle not equipped with an
ignition interlock device to |
20 |
| request or solicit any other person to blow into
an ignition |
21 |
| interlock device or to start a motor vehicle equipped with the
|
22 |
| device for the purpose of providing the person so restricted |
23 |
| with an operable
motor vehicle.
|
24 |
| (b) It is unlawful to blow into an ignition interlock |
25 |
| device or to start
a motor vehicle equipped with the device for |
|
|
|
HB3422 |
- 25 - |
LRB095 07788 DRH 27949 b |
|
|
1 |
| the purpose of providing an
operable motor vehicle to a person |
2 |
| whose driving privilege is restricted
by being prohibited from |
3 |
| operating a motor vehicle not equipped with an
ignition |
4 |
| interlock device.
|
5 |
| (c) It is unlawful to tamper with, or circumvent the |
6 |
| operation of, an
ignition interlock device.
|
7 |
| (d) Except as provided in subsection (c)(17) of Section |
8 |
| 5-6-3.1 of the
Unified Code of Corrections or by rule, no |
9 |
| person shall knowingly rent, lease,
or lend a motor vehicle to |
10 |
| a person known to have his or her driving privilege
restricted |
11 |
| by being prohibited from operating a vehicle not equipped with |
12 |
| an
ignition interlock device, unless the vehicle is equipped |
13 |
| with a functioning
ignition interlock device. Any person whose |
14 |
| driving privilege is so restricted
shall notify any person |
15 |
| intending to rent, lease, or loan a motor vehicle to
the |
16 |
| restricted person of the driving restriction imposed upon him |
17 |
| or her.
|
18 |
| A person convicted of a violation of this subsection shall |
19 |
| be guilty of a Class A misdemeanor and shall be punished by a |
20 |
| fine of $2,500
be punished by
imprisonment for not more than 6 |
21 |
| months or by a fine of not more than $5,000,
or both .
|
22 |
| (e) If a person prohibited under paragraph (2) or paragraph |
23 |
| (3) of
subsection (c-4) of Section 11-501
from driving any |
24 |
| vehicle not equipped with an ignition interlock device
|
25 |
| nevertheless is convicted of driving a vehicle that is not |
26 |
| equipped with the
device,
that person is prohibited from |
|
|
|
HB3422 |
- 26 - |
LRB095 07788 DRH 27949 b |
|
|
1 |
| driving any vehicle not equipped with an
ignition interlock |
2 |
| device for an additional 2 years beyond the
period of time |
3 |
| equal to the initial
time period that the person was required |
4 |
| to use an ignition interlock device.
|
5 |
| (Source: P.A. 91-127, eff. 1-1-00; 92-418, eff. 8-17-01.)
|
6 |
| (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
|
7 |
| Sec. 6-208. Period of Suspension - Application After |
8 |
| Revocation.
|
9 |
| (a) Except as otherwise provided by this Code or any other |
10 |
| law of this
State, the Secretary of State shall not suspend a |
11 |
| driver's license,
permit or privilege to drive a motor vehicle |
12 |
| on the highways for a
period of more than one year.
|
13 |
| (b) Any person whose license, permit or privilege to drive |
14 |
| a motor
vehicle on the highways has been revoked shall not be |
15 |
| entitled to have
such license, permit or privilege renewed or |
16 |
| restored. However, such
person may, except as provided under |
17 |
| subsection (d) of Section 6-205, make
application for a license |
18 |
| pursuant to Section 6-106 (i) if the revocation
was
for a cause |
19 |
| which has been removed or (ii) as provided in the following
|
20 |
| subparagraphs:
|
21 |
| 1. Except as provided in subparagraphs 2, 3, and 4,
the |
22 |
| person may make application for a license after the |
23 |
| expiration of one
year from the effective date of the |
24 |
| revocation
or, in the case of a violation of paragraph (b) |
25 |
| of Section 11-401 of this
Code or a similar provision of a |
|
|
|
HB3422 |
- 27 - |
LRB095 07788 DRH 27949 b |
|
|
1 |
| local ordinance, after the expiration of 3
years from the |
2 |
| effective date of the revocation or, in the case of a |
3 |
| violation
of Section 9-3 of the Criminal Code of 1961 or a |
4 |
| similar provision of a law of another state relating to the |
5 |
| offense of reckless
homicide or a violation of subparagraph |
6 |
| (F) of paragraph 1 of subsection (d) of Section 11-501 of |
7 |
| this Code relating to aggravated driving under the |
8 |
| influence of alcohol, other drug or drugs, intoxicating |
9 |
| compound or compounds, or any combination thereof, if the |
10 |
| violation was the proximate cause of a death, after the |
11 |
| expiration of 2 years from the effective date of the
|
12 |
| revocation
or after the expiration of 24 months from the |
13 |
| date of release from
a
period of imprisonment as provided |
14 |
| in Section
6-103 of this Code, whichever is later.
|
15 |
| 2. If such person is convicted of committing a second |
16 |
| violation within a
20 year period of:
|
17 |
| (A) Section 11-501 of this Code, or a similar |
18 |
| provision of a local
ordinance; or
|
19 |
| (B) Paragraph (b) of Section 11-401 of this Code, |
20 |
| or a similar
provision
of a local ordinance; or
|
21 |
| (C) Section 9-3 of the Criminal Code of 1961, as |
22 |
| amended, relating
to the
offense of reckless homicide; |
23 |
| or
|
24 |
| (D) any combination of the above offenses |
25 |
| committed at different
instances;
|
26 |
| then such person may not make application for a license |
|
|
|
HB3422 |
- 28 - |
LRB095 07788 DRH 27949 b |
|
|
1 |
| until after
the expiration of 5 years from the effective |
2 |
| date of the most recent
revocation. The 20 year period |
3 |
| shall be computed by using the dates the
offenses were |
4 |
| committed and shall also include similar out-of-state
|
5 |
| offenses.
|
6 |
| 3. However, except as provided in subparagraph 4, if |
7 |
| such person is
convicted of committing a third, or
|
8 |
| subsequent, violation or any combination of the above |
9 |
| offenses, including
similar out-of-state offenses, |
10 |
| contained in subparagraph 2, then such person
may not make |
11 |
| application for a license until after the expiration of 10 |
12 |
| years
from the effective date of the most recent |
13 |
| revocation.
|
14 |
| 4. The person may not make application for a license if |
15 |
| the person is
convicted of committing a fourth or |
16 |
| subsequent
violation of Section 11-501 of this Code or a |
17 |
| similar provision of a local
ordinance, Section 11-401 of |
18 |
| this Code, Section 9-3 of the
Criminal Code of 1961, or
a |
19 |
| combination of these offenses
or similar provisions of |
20 |
| local ordinances
or similar out-of-state offenses.
|
21 |
| Notwithstanding any other provision of this Code, all |
22 |
| persons referred to
in this paragraph (b) may not have their |
23 |
| privileges restored until the
Secretary receives payment of the |
24 |
| required reinstatement fee pursuant to
subsection (b) of |
25 |
| Section 6-118.
|
26 |
| In no event shall the Secretary issue such license
unless |
|
|
|
HB3422 |
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| and until such person has had a hearing pursuant to this Code |
2 |
| and
the appropriate administrative rules and the Secretary is
|
3 |
| satisfied, after a review or investigation of such person, that
|
4 |
| to grant the privilege of driving a motor vehicle on the |
5 |
| highways will
not endanger the public safety or welfare.
|
6 |
| (c) (Blank).
|
7 |
| (d) If a person prohibited under Section 11-501 of this |
8 |
| Code from driving any vehicle not equipped with an ignition |
9 |
| interlock device nevertheless is convicted of driving a vehicle |
10 |
| that is not equipped with the device, that person is prohibited |
11 |
| from driving any vehicle not equipped with an ignition |
12 |
| interlock device for an additional 2 years beyond the time |
13 |
| period that the person was required to use an ignition |
14 |
| interlock device.
|
15 |
| (Source: P.A. 92-343, eff. 1-1-02; 92-418, eff. 8-17-01; |
16 |
| 92-458, eff. 8-22-01; 92-651, eff. 7-11-02; 93-712, eff. |
17 |
| 1-1-05; 93-788, eff. 1-1-05; revised 10-14-04.)
|
18 |
| (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) |
19 |
| (Text of Section from P.A. 93-1093 and 94-963) |
20 |
| Sec. 11-501. Driving while under the influence of alcohol, |
21 |
| other drug or
drugs, intoxicating compound or compounds or any |
22 |
| combination thereof.
|
23 |
| (a) A person shall not drive or be in actual
physical |
24 |
| control of any vehicle within this State while:
|
25 |
| (1) the alcohol concentration in the person's blood or |
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|
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| breath is 0.08
or more based on the definition of blood and |
2 |
| breath units in Section 11-501.2;
|
3 |
| (2) under the influence of alcohol;
|
4 |
| (3) under the influence of any intoxicating compound or |
5 |
| combination of
intoxicating compounds to a degree that |
6 |
| renders the person incapable of
driving safely;
|
7 |
| (4) under the influence of any other drug or |
8 |
| combination of drugs to a
degree that renders the person |
9 |
| incapable of safely driving;
|
10 |
| (5) under the combined influence of alcohol, other drug |
11 |
| or drugs, or
intoxicating compound or compounds to a degree |
12 |
| that renders the person
incapable of safely driving; or
|
13 |
| (6) there is any amount of a drug, substance, or |
14 |
| compound in the
person's breath, blood, or urine resulting |
15 |
| from the unlawful use or consumption
of cannabis listed in |
16 |
| the Cannabis Control Act, a controlled substance listed
in |
17 |
| the Illinois Controlled Substances Act, or an intoxicating |
18 |
| compound listed
in the Use of Intoxicating Compounds Act.
|
19 |
| (b) The fact that any person charged with violating this |
20 |
| Section is or
has been legally entitled to use alcohol, other |
21 |
| drug or drugs, or
intoxicating compound or compounds, or any
|
22 |
| combination thereof, shall not constitute a defense against any |
23 |
| charge of
violating this Section.
|
24 |
| (b-1) With regard to penalties imposed under this Section:
|
25 |
| (1) Any reference to a prior violation of subsection |
26 |
| (a) or a similar
provision includes any violation of a |
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| provision of a local ordinance or a
provision of a law of |
2 |
| another state that is similar to a violation of
subsection |
3 |
| (a) of this Section.
|
4 |
| (2) Any penalty imposed for driving with a license that |
5 |
| has been revoked
for a previous violation of subsection (a) |
6 |
| of this Section shall be in
addition to the penalty imposed |
7 |
| for any subsequent violation of subsection (a).
|
8 |
| (b-2) Except as otherwise provided in this Section, any |
9 |
| person convicted of
violating subsection (a) of this Section is |
10 |
| guilty of a Class A misdemeanor.
|
11 |
| (b-3) In addition to any other criminal or administrative |
12 |
| sanction for any
second conviction of violating subsection (a) |
13 |
| or a similar provision committed
within 5 years of a previous |
14 |
| violation of subsection (a) or a similar
provision, the |
15 |
| defendant shall be sentenced to a mandatory minimum of 5 days |
16 |
| of
imprisonment or assigned a mandatory minimum of 240 hours of |
17 |
| community service
as may be determined by the court.
|
18 |
| (b-4) In the case of a third or subsequent violation |
19 |
| committed within 5
years of a previous violation of subsection |
20 |
| (a) or a similar provision, in
addition to any other criminal |
21 |
| or administrative sanction, a mandatory minimum
term of either |
22 |
| 10 days of imprisonment or 480 hours of community service shall
|
23 |
| be imposed.
|
24 |
| (b-5) The imprisonment or assignment of community service |
25 |
| under subsections
(b-3) and (b-4) shall not be subject to |
26 |
| suspension, nor shall the person be
eligible for a reduced |
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| sentence.
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| (c) (Blank).
|
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| (c-1) (1) A person who violates subsection (a)
during
a |
4 |
| period in which his
or her driving privileges are revoked |
5 |
| or suspended, where the revocation or
suspension was for a |
6 |
| violation of subsection (a), Section
11-501.1, paragraph |
7 |
| (b)
of Section 11-401, or for reckless homicide as defined |
8 |
| in Section 9-3 of
the Criminal Code of 1961 is guilty of a
|
9 |
| Class 4 felony.
|
10 |
| (2) A person who violates subsection (a) a third
time, |
11 |
| if the third violation occurs during a period in
which his |
12 |
| or her driving privileges are revoked or suspended where |
13 |
| the
revocation
or suspension was for a violation of |
14 |
| subsection (a),
Section 11-501.1, paragraph
(b) of Section |
15 |
| 11-401, or for reckless homicide as defined in Section 9-3
|
16 |
| of the Criminal Code of 1961, is guilty of
a Class 3 |
17 |
| felony; and if the
person receives a term of
probation or |
18 |
| conditional discharge, he or she shall be required to serve |
19 |
| a
mandatory
minimum of 10 days of imprisonment or shall be |
20 |
| assigned a mandatory minimum of
480 hours of community |
21 |
| service, as may be determined by the court, as a
condition |
22 |
| of the probation or conditional discharge. This mandatory |
23 |
| minimum
term of imprisonment or assignment of community |
24 |
| service shall not be suspended
or reduced by the court.
|
25 |
| (2.2) A person who violates subsection (a), if the
|
26 |
| violation occurs during a period in which his or her |
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| driving privileges are
revoked or suspended where the |
2 |
| revocation or suspension was for a violation of
subsection |
3 |
| (a) or Section 11-501.1, shall also be sentenced to an |
4 |
| additional
mandatory minimum term of 30 consecutive days of |
5 |
| imprisonment, 40 days of
24-hour periodic imprisonment, or |
6 |
| 720 hours of community service, as may be
determined by the |
7 |
| court. This mandatory term of imprisonment or assignment of
|
8 |
| community service shall not be suspended or reduced by the |
9 |
| court.
|
10 |
| (3) A person who violates subsection (a) a fourth or
|
11 |
| subsequent time, if the fourth or subsequent violation |
12 |
| occurs
during a period in which his
or her driving |
13 |
| privileges are revoked or suspended where the revocation
or |
14 |
| suspension was for a violation of subsection (a),
Section |
15 |
| 11-501.1, paragraph
(b) of Section 11-401, or for reckless |
16 |
| homicide as defined in
Section 9-3
of
the Criminal Code of |
17 |
| 1961, is guilty of
a Class 2 felony and is not eligible for |
18 |
| a sentence of probation or
conditional discharge.
|
19 |
| (c-2) (Blank).
|
20 |
| (c-3) (Blank).
|
21 |
| (c-4) (Blank).
|
22 |
| (c-5)(1) A person who violates subsection (a), if the |
23 |
| person was transporting
a person under the age of 16 at the |
24 |
| time of the violation, is subject to an
additional |
25 |
| mandatory minimum fine of $1,000, an additional mandatory |
26 |
| minimum
140 hours of community service, which shall include |
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LRB095 07788 DRH 27949 b |
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| 40 hours of community
service in a program benefiting |
2 |
| children, and an additional 2 days of
imprisonment. The |
3 |
| imprisonment or assignment of community service under this |
4 |
| subdivision (c-5)(1) is not subject to suspension, nor is |
5 |
| the person eligible for
a reduced sentence.
|
6 |
| (2) Except as provided in subdivisions (c-5)(3) and |
7 |
| (c-5)(4) a person who
violates
subsection (a) a second |
8 |
| time, if at the time of
the second violation the person was |
9 |
| transporting a person under the age of 16,
is subject to an |
10 |
| additional 10 days of imprisonment, an additional |
11 |
| mandatory
minimum fine of $1,000, and an additional |
12 |
| mandatory minimum 140 hours of
community service, which |
13 |
| shall include 40 hours of community service in a
program |
14 |
| benefiting children.
The imprisonment or assignment of |
15 |
| community service under this subdivision (c-5)(2)
is not |
16 |
| subject to suspension, nor is the person eligible for a |
17 |
| reduced
sentence.
|
18 |
| (3) Except as provided in subdivision (c-5)(4), any |
19 |
| person convicted of
violating subdivision (c-5)(2) or a |
20 |
| similar
provision within 10 years of a previous violation |
21 |
| of subsection (a) or a
similar provision shall receive, in |
22 |
| addition to any other penalty imposed, a
mandatory minimum |
23 |
| 12 days imprisonment, an additional 40 hours of mandatory
|
24 |
| community service in a program benefiting children, and a |
25 |
| mandatory minimum
fine of $1,750. The imprisonment or |
26 |
| assignment of community service under this subdivision |
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| (c-5)(3) is not subject to suspension, nor is the person
|
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| eligible for a reduced sentence.
|
3 |
| (4) Any person convicted of violating subdivision |
4 |
| (c-5)(2) or a similar
provision within 5 years of a |
5 |
| previous violation of subsection (a) or a similar
provision |
6 |
| shall receive, in addition to any other penalty imposed, an
|
7 |
| additional 80 hours of mandatory community service in a |
8 |
| program benefiting
children, an additional mandatory |
9 |
| minimum 12 days of imprisonment, and a
mandatory minimum |
10 |
| fine of $1,750. The imprisonment or assignment of community
|
11 |
| service under this subdivision (c-5)(4)
is not subject to |
12 |
| suspension, nor
is the
person eligible for a reduced |
13 |
| sentence.
|
14 |
| (5) Any person convicted a third time for violating |
15 |
| subsection (a) or a
similar provision, if at the time of |
16 |
| the third violation the person was
transporting a person |
17 |
| under the age of 16, is guilty of a Class 4 felony and |
18 |
| shall
receive, in addition to any other
penalty imposed, an |
19 |
| additional mandatory fine of $1,000, an additional
|
20 |
| mandatory 140 hours of community service, which shall |
21 |
| include 40 hours in a
program benefiting children, and a |
22 |
| mandatory minimum 30 days of imprisonment.
The |
23 |
| imprisonment or assignment of community service under this |
24 |
| subdivision (c-5)(5)
is not subject to suspension, nor is |
25 |
| the person eligible for a reduced
sentence.
|
26 |
| (6) Any person convicted of violating subdivision |
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LRB095 07788 DRH 27949 b |
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| (c-5)(5) or a similar
provision a third time within 20 |
2 |
| years of a previous violation of subsection
(a) or a
|
3 |
| similar provision is guilty of a Class 4 felony and shall |
4 |
| receive, in addition
to any other penalty imposed, an |
5 |
| additional mandatory 40 hours of community
service in a |
6 |
| program benefiting children, an additional mandatory fine |
7 |
| of
$3,000, and a mandatory minimum 120 days of |
8 |
| imprisonment. The imprisonment or
assignment of community |
9 |
| service under this subdivision (c-5)(6) is not subject to
|
10 |
| suspension, nor is the person eligible for a reduced |
11 |
| sentence.
|
12 |
| (7) Any person convicted a fourth or subsequent time |
13 |
| for violating
subsection (a) or a similar provision, if at |
14 |
| the time of the fourth or
subsequent violation the person |
15 |
| was transporting a person under the age of 16,
and if the |
16 |
| person's 3 prior violations of subsection (a) or a
similar |
17 |
| provision
occurred while transporting a person under the |
18 |
| age of 16 or while the alcohol
concentration in his or her |
19 |
| blood, breath, or urine was 0.16 or more based
on the |
20 |
| definition of blood, breath, or urine units in Section |
21 |
| 11-501.2, is
guilty of a Class 2 felony, is not eligible |
22 |
| for probation or conditional
discharge, and is subject to a |
23 |
| minimum fine of $3,000.
|
24 |
| (c-6)(1) Any person convicted of a first violation of |
25 |
| subsection (a) or a
similar provision, if the alcohol |
26 |
| concentration in his or her blood, breath, or
urine was |
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| 0.16 or more based on the definition of blood, breath, or |
2 |
| urine
units in Section 11-501.2, shall be subject, in |
3 |
| addition to any other penalty
that may be imposed, to a |
4 |
| mandatory minimum of 100 hours of community service
and a |
5 |
| mandatory minimum fine of $500.
|
6 |
| (2) Any person convicted of a second violation of |
7 |
| subsection (a) or a similar provision committed within 10 |
8 |
| years of a previous violation of subsection (a) or a |
9 |
| similar provision, if at the time of the second violation |
10 |
| of subsection (a) or a similar provision the
alcohol |
11 |
| concentration in his or her blood, breath, or urine was |
12 |
| 0.16 or more
based on the definition of blood, breath, or |
13 |
| urine units in Section 11-501.2,
shall be
subject, in |
14 |
| addition to any other penalty that may be imposed, to a |
15 |
| mandatory
minimum of 2 days of imprisonment and a mandatory |
16 |
| minimum fine of $1,250.
|
17 |
| (3) Any person convicted of a third violation of |
18 |
| subsection (a) or a
similar provision within 20 years of a |
19 |
| previous violation of subsection (a) or
a
similar |
20 |
| provision, if at the time of the third violation of |
21 |
| subsection (a) or a
similar provision the alcohol |
22 |
| concentration in his or her blood, breath, or
urine was |
23 |
| 0.16 or more based on the definition of blood, breath, or |
24 |
| urine units
in Section 11-501.2, is guilty of a Class 4 |
25 |
| felony and shall be subject, in
addition to any other |
26 |
| penalty that may be imposed, to a mandatory minimum of
90 |
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LRB095 07788 DRH 27949 b |
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| days of imprisonment and a mandatory minimum fine of |
2 |
| $2,500.
|
3 |
| (4) Any person convicted of a fourth or subsequent |
4 |
| violation of
subsection
(a) or a similar provision, if at |
5 |
| the time of the fourth or subsequent
violation the alcohol |
6 |
| concentration in his or her blood, breath, or urine was
|
7 |
| 0.16 or more based on the definition of blood, breath, or |
8 |
| urine units in
Section 11-501.2, and if the person's 3 |
9 |
| prior violations of subsection (a) or a
similar provision |
10 |
| occurred while transporting a person under the age of 16 or
|
11 |
| while the alcohol concentration in his or her blood, |
12 |
| breath, or urine was 0.16
or more based on the definition |
13 |
| of blood, breath, or urine units in Section
11-501.2, is |
14 |
| guilty of a Class 2 felony and is not eligible for a |
15 |
| sentence of
probation or conditional discharge and is |
16 |
| subject to a minimum fine of
$2,500.
|
17 |
| (d) (1) Every person convicted of committing a violation of |
18 |
| this Section
shall be guilty of aggravated driving under |
19 |
| the influence of alcohol,
other drug or drugs, or |
20 |
| intoxicating compound or compounds, or any combination
|
21 |
| thereof if:
|
22 |
| (A) the person committed a violation of subsection |
23 |
| (a) or a similar
provision for the
third or subsequent |
24 |
| time;
|
25 |
| (B) the person committed a violation of subsection |
26 |
| (a)
while
driving a school bus with persons 18 years of |
|
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|
HB3422 |
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LRB095 07788 DRH 27949 b |
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| age or younger
on board;
|
2 |
| (C) the person in committing a violation of |
3 |
| subsection
(a) was
involved in a motor vehicle accident |
4 |
| that resulted in great bodily harm or
permanent |
5 |
| disability or disfigurement to another, when the |
6 |
| violation was
a proximate cause of the injuries;
|
7 |
| (D) the person committed a violation of subsection |
8 |
| (a)
for a
second time and has been previously convicted |
9 |
| of violating Section 9-3 of the
Criminal Code of 1961 |
10 |
| or a similar provision of a law of another state |
11 |
| relating to reckless homicide in which the person was
|
12 |
| determined to have been under the influence of alcohol, |
13 |
| other drug or
drugs, or intoxicating compound or |
14 |
| compounds as an element of the offense or
the person |
15 |
| has previously been convicted
under subparagraph (C) |
16 |
| or subparagraph (F) of this paragraph (1);
|
17 |
| (E) the person, in committing a violation of |
18 |
| subsection (a) while
driving at any speed in a school |
19 |
| speed zone at a time when a speed limit of
20 miles per |
20 |
| hour was in effect under subsection (a) of Section |
21 |
| 11-605 of
this Code, was involved in a motor vehicle |
22 |
| accident that resulted in bodily
harm, other than great |
23 |
| bodily harm or permanent disability or disfigurement,
|
24 |
| to another person, when the violation of subsection (a) |
25 |
| was a
proximate cause
of the bodily harm; or
|
26 |
| (F) the person, in committing a violation of |
|
|
|
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LRB095 07788 DRH 27949 b |
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| subsection (a), was
involved in a motor vehicle, |
2 |
| snowmobile, all-terrain vehicle, or watercraft
|
3 |
| accident that resulted in
the death of another person, |
4 |
| when the violation of subsection
(a) was
a proximate |
5 |
| cause of the death.
|
6 |
| (2) Except as provided in this paragraph (2), a person |
7 |
| convicted of
aggravated driving under
the
influence of |
8 |
| alcohol, other drug or
drugs,
or intoxicating compound or |
9 |
| compounds, or any
combination thereof is guilty of a Class |
10 |
| 4 felony. For a violation of
subparagraph (C)
of
paragraph |
11 |
| (1) of this subsection (d), the defendant, if sentenced to |
12 |
| a term
of imprisonment, shall be sentenced
to not less than
|
13 |
| one year nor more than 12 years.
Aggravated driving under |
14 |
| the influence of alcohol, other drug or drugs,
or |
15 |
| intoxicating compound or compounds, or any combination |
16 |
| thereof as
defined in subparagraph (F) of paragraph (1) of |
17 |
| this subsection (d) is
a Class 2 felony, for which the |
18 |
| defendant, if sentenced to a term of
imprisonment, shall be |
19 |
| sentenced to: (A) a
term of imprisonment of not less than 3 |
20 |
| years and not more
than 14 years if the violation resulted |
21 |
| in the death of one person; or
(B) a term of imprisonment |
22 |
| of not less than 6 years and not
more than 28 years if the |
23 |
| violation resulted in the deaths of 2 or more
persons.
For |
24 |
| any prosecution under this subsection
(d), a certified copy |
25 |
| of the
driving abstract of the defendant shall be admitted |
26 |
| as proof of any prior
conviction.
Any person sentenced |
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|
|
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LRB095 07788 DRH 27949 b |
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|
1 |
| under this subsection (d) who receives a term of
probation
|
2 |
| or conditional discharge must serve a minimum term of |
3 |
| either 480 hours of
community service or 10 days of |
4 |
| imprisonment as a condition of the probation or
conditional |
5 |
| discharge. This mandatory minimum term of imprisonment or
|
6 |
| assignment of community service may not be suspended or |
7 |
| reduced by the court.
|
8 |
| (e) After a finding of guilt and prior to any final |
9 |
| sentencing, or an
order for supervision, for an offense based |
10 |
| upon an arrest for a
violation of this Section or a similar |
11 |
| provision of a local ordinance,
individuals shall be required |
12 |
| to undergo a professional evaluation to
determine if an |
13 |
| alcohol, drug, or intoxicating compound abuse problem exists
|
14 |
| and the
extent of the problem, and undergo the imposition of |
15 |
| treatment as appropriate.
Programs conducting these |
16 |
| evaluations shall be
licensed by the Department of Human |
17 |
| Services. The cost of any professional
evaluation shall be paid |
18 |
| for by the
individual
required to undergo the professional |
19 |
| evaluation.
|
20 |
| (e-1) Any person who is found guilty of or pleads guilty to |
21 |
| violating this
Section, including any person receiving a |
22 |
| disposition of court supervision for
violating this Section, |
23 |
| may be required by the Court to attend a victim
impact panel |
24 |
| offered by, or under contract with, a County State's Attorney's
|
25 |
| office, a probation and court services department, Mothers |
26 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated |
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|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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|
1 |
| Motorists.
All costs generated by
the victim impact panel shall |
2 |
| be paid from fees collected from the
offender or as may be |
3 |
| determined by the court.
|
4 |
| (f) Every person found guilty of violating this Section, |
5 |
| whose
operation of a motor vehicle while in violation of this |
6 |
| Section proximately
caused any incident resulting in an |
7 |
| appropriate emergency response, shall
be liable for the expense |
8 |
| of an emergency response as provided under
Section 5-5-3 of the |
9 |
| Unified Code of Corrections.
|
10 |
| (g) The Secretary of State shall revoke the driving |
11 |
| privileges of any
person convicted under this Section or a |
12 |
| similar provision of a local
ordinance.
|
13 |
| (h) (Blank).
|
14 |
| (i) The Secretary of State shall require the installation |
15 |
| and continuous use of ignition interlock
devices on all |
16 |
| vehicles owned by an individual who has been convicted of a
|
17 |
| first, second, or third violation
second
or subsequent offense
|
18 |
| of subdivision (a)(1), (a)(2), or (a)(5) of this Section or a |
19 |
| similar provision of a local
ordinance. The Secretary shall |
20 |
| establish by rule and regulation the procedures
for |
21 |
| certification and use of the ignition interlock system.
|
22 |
| The ignition interlock device installed in the vehicle of a |
23 |
| person convicted of a first, second, or third violation of |
24 |
| subdivision (a)(1), (a)(2), or (a)(5) of this Section shall |
25 |
| remain installed until the individual's driver's license has |
26 |
| been reinstated. Individuals with a fourth or subsequent |
|
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| conviction of violating subdivision (a)(1), (a)(2), or (a)(3) |
2 |
| of this Section must install and maintain ignition interlock |
3 |
| devices on all vehicles they own and must keep the devices on |
4 |
| those vehicles indefinitely. Individuals who have been |
5 |
| convicted of violating subdivision (a)(1), (a)(2), or (a)(5) of |
6 |
| this Section or a similar provision of a local ordinance but do |
7 |
| not own a vehicle must either: use a transdermal alcohol |
8 |
| monitoring device until the individual's driver's license has |
9 |
| been reinstated or install an ignition interlock device in a |
10 |
| vehicle not owned by the individual until the individual's |
11 |
| driver's license has been reinstated. Upon installation, the |
12 |
| individual shall pay to the Secretary of State DUI |
13 |
| Administration Fund an annual fee of $120 and shall continue to |
14 |
| pay this fee annually until the individual's driver's license |
15 |
| has been reinstated. The Secretary
of State shall adopt rules |
16 |
| for the collection of this fee and for its payment in monthly |
17 |
| increments for necessary periods of less than one year.
|
18 |
| (i-1) Individuals convicted of violating subsection (i) |
19 |
| shall be guilty of a Class 4 felony, shall not be eligible for |
20 |
| a sentence of probation or conditional discharge, and shall, in |
21 |
| addition to any other penalty imposed, be subject to a |
22 |
| mandatory minimum fine of $2,500. This fine shall not be |
23 |
| suspended or reduced by the court.
|
24 |
| (i-2) Individuals convicted of violating subsection (i) a |
25 |
| second or subsequent time shall be guilty of a Class 4 felony, |
26 |
| shall not be eligible for a sentence of probation or |
|
|
|
HB3422 |
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| conditional discharge, and shall, in addition to any other |
2 |
| penalty imposed, be subject to imprisonment of no less than 18 |
3 |
| months. This term of imprisonment shall not be suspended or |
4 |
| reduced by the court.
|
5 |
| (j) In addition to any other penalties and liabilities, a |
6 |
| person who is
found guilty of or pleads guilty to violating |
7 |
| subsection (a), including any
person placed on court |
8 |
| supervision for violating subsection (a), shall be fined
$500, |
9 |
| payable to the
circuit clerk, who shall distribute the money as |
10 |
| follows: 20% to the law enforcement agency
that made the arrest |
11 |
| and 80% shall be forwarded to the State Treasurer for deposit |
12 |
| into the General Revenue Fund. If the person has been |
13 |
| previously convicted of violating
subsection (a) or a similar |
14 |
| provision of a local
ordinance, the fine shall be
$1,000. In |
15 |
| the event that more than one agency is responsible
for the |
16 |
| arrest, the amount payable to law enforcement agencies shall be |
17 |
| shared equally. Any moneys received
by a law
enforcement agency |
18 |
| under this subsection (j) shall be used for enforcement and |
19 |
| prevention of driving while under the influence of alcohol, |
20 |
| other drug or drugs, intoxicating compound or compounds or any |
21 |
| combination thereof, as defined by this Section, including but |
22 |
| not limited to the purchase of law
enforcement equipment and |
23 |
| commodities that will assist in the prevention of alcohol |
24 |
| related
criminal violence throughout the State; police officer |
25 |
| training and education in areas related to alcohol related |
26 |
| crime, including but not limited to DUI training; and police |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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1 |
| officer salaries, including but not limited to salaries for |
2 |
| hire back funding for safety checkpoints, saturation patrols, |
3 |
| and liquor store sting operations. Equipment and commodities |
4 |
| shall include, but are not limited
to, in-car video cameras, |
5 |
| radar and laser speed detection devices, and alcohol
breath |
6 |
| testers.
Any moneys received by the Department of State Police |
7 |
| under this subsection
(j) shall be deposited into the State |
8 |
| Police DUI Fund and shall be used for enforcement and |
9 |
| prevention of driving while under the influence of alcohol, |
10 |
| other drug or drugs, intoxicating compound or compounds or any |
11 |
| combination thereof, as defined by this Section, including but |
12 |
| not limited to the
purchase of law enforcement equipment and |
13 |
| commodities that will assist in the prevention of
alcohol |
14 |
| related criminal violence throughout the State; police officer |
15 |
| training and education in areas related to alcohol related |
16 |
| crime, including but not limited to DUI training; and police |
17 |
| officer salaries, including but not limited to salaries for |
18 |
| hire back funding for safety checkpoints, saturation patrols, |
19 |
| and liquor store sting operations.
|
20 |
| (k) The Secretary of State Police DUI Fund is created as a |
21 |
| special
fund in the State treasury. All moneys received by the |
22 |
| Secretary of State
Police under subsection (j) of this Section |
23 |
| shall be deposited into the
Secretary of State Police DUI Fund |
24 |
| and, subject to appropriation, shall be
used for enforcement |
25 |
| and prevention of driving while under the influence of alcohol, |
26 |
| other drug or drugs, intoxicating compound or compounds or any |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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|
1 |
| combination thereof, as defined by this Section, including but |
2 |
| not limited to the purchase of law enforcement equipment and |
3 |
| commodities to assist in the prevention of
alcohol related |
4 |
| criminal violence throughout the State; police officer |
5 |
| training and education in areas related to alcohol related |
6 |
| crime, including but not limited to DUI training; and police |
7 |
| officer salaries, including but not limited to salaries for |
8 |
| hire back funding for safety checkpoints, saturation patrols, |
9 |
| and liquor store sting operations.
|
10 |
| (l) Whenever an individual is sentenced for an offense |
11 |
| based upon an
arrest for a violation of subsection (a) or a |
12 |
| similar provision of a local
ordinance, and the professional |
13 |
| evaluation recommends remedial or
rehabilitative treatment or |
14 |
| education, neither the treatment nor the education
shall be the |
15 |
| sole disposition and either or both may be imposed only in
|
16 |
| conjunction with another disposition. The court shall monitor |
17 |
| compliance with
any remedial education or treatment |
18 |
| recommendations contained in the
professional evaluation. |
19 |
| Programs conducting alcohol or other drug evaluation
or |
20 |
| remedial education must be licensed by the Department of Human |
21 |
| Services. If
the individual is not a resident of Illinois, |
22 |
| however, the court may accept an
alcohol or other drug |
23 |
| evaluation or remedial education program in the
individual's |
24 |
| state of residence. Programs providing treatment must be |
25 |
| licensed
under existing applicable alcoholism and drug |
26 |
| treatment licensure standards.
|
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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|
1 |
| (m) In addition to any other fine or penalty required by |
2 |
| law, an individual
convicted of a violation of subsection (a), |
3 |
| Section 5-7 of the Snowmobile
Registration and Safety Act, |
4 |
| Section 5-16 of the Boat Registration and Safety
Act, or a |
5 |
| similar provision, whose operation of a motor vehicle, |
6 |
| snowmobile, or
watercraft while in
violation of subsection (a), |
7 |
| Section 5-7 of the Snowmobile Registration and
Safety Act, |
8 |
| Section 5-16 of the Boat Registration and Safety Act, or a |
9 |
| similar
provision proximately caused an incident resulting in |
10 |
| an appropriate emergency
response, shall be required to make |
11 |
| restitution to a public agency for the
costs of that emergency |
12 |
| response. The restitution may not exceed $1,000 per
public |
13 |
| agency for each emergency response. As used in this subsection |
14 |
| (m),
"emergency response" means any incident requiring a |
15 |
| response by a police
officer, a firefighter carried on the |
16 |
| rolls of a regularly constituted fire
department, or an |
17 |
| ambulance.
|
18 |
| (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; |
19 |
| 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; |
20 |
| 93-840, eff. 7-30-04; 93-1093, eff. 3-29-05; 94-963, eff. |
21 |
| 6-28-06.)
|
22 |
| (Text of Section from P.A. 94-110 and 94-963) |
23 |
| Sec. 11-501. Driving while under the influence of alcohol, |
24 |
| other drug or
drugs, intoxicating compound or compounds or any |
25 |
| combination thereof.
|
|
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|
HB3422 |
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LRB095 07788 DRH 27949 b |
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|
1 |
| (a) A person shall not drive or be in actual
physical |
2 |
| control of any vehicle within this State while:
|
3 |
| (1) the alcohol concentration in the person's blood or |
4 |
| breath is 0.08
or more based on the definition of blood and |
5 |
| breath units in Section 11-501.2;
|
6 |
| (2) under the influence of alcohol;
|
7 |
| (3) under the influence of any intoxicating compound or |
8 |
| combination of
intoxicating compounds to a degree that |
9 |
| renders the person incapable of
driving safely;
|
10 |
| (4) under the influence of any other drug or |
11 |
| combination of drugs to a
degree that renders the person |
12 |
| incapable of safely driving;
|
13 |
| (5) under the combined influence of alcohol, other drug |
14 |
| or drugs, or
intoxicating compound or compounds to a degree |
15 |
| that renders the person
incapable of safely driving; or
|
16 |
| (6) there is any amount of a drug, substance, or |
17 |
| compound in the
person's breath, blood, or urine resulting |
18 |
| from the unlawful use or consumption
of cannabis listed in |
19 |
| the Cannabis Control Act, a controlled substance listed
in |
20 |
| the Illinois Controlled Substances Act, or an intoxicating |
21 |
| compound listed
in the Use of Intoxicating Compounds Act.
|
22 |
| (b) The fact that any person charged with violating this |
23 |
| Section is or
has been legally entitled to use alcohol, other |
24 |
| drug or drugs, or
intoxicating compound or compounds, or any
|
25 |
| combination thereof, shall not constitute a defense against any |
26 |
| charge of
violating this Section.
|
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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| (b-1) With regard to penalties imposed under this Section:
|
2 |
| (1) Any reference to a prior violation of subsection |
3 |
| (a) or a similar
provision includes any violation of a |
4 |
| provision of a local ordinance or a
provision of a law of |
5 |
| another state that is similar to a violation of
subsection |
6 |
| (a) of this Section.
|
7 |
| (2) Any penalty imposed for driving with a license that |
8 |
| has been revoked
for a previous violation of subsection (a) |
9 |
| of this Section shall be in
addition to the penalty imposed |
10 |
| for any subsequent violation of subsection (a).
|
11 |
| (b-2) Except as otherwise provided in this Section, any |
12 |
| person convicted of
violating subsection (a) of this Section is |
13 |
| guilty of a Class A misdemeanor.
|
14 |
| (b-3) In addition to any other criminal or administrative |
15 |
| sanction for any
second conviction of violating subsection (a) |
16 |
| or a similar provision committed
within 5 years of a previous |
17 |
| violation of subsection (a) or a similar
provision, the |
18 |
| defendant shall be sentenced to a mandatory minimum of 5 days |
19 |
| of
imprisonment or assigned a mandatory minimum of 240 hours of |
20 |
| community service
as may be determined by the court.
|
21 |
| (b-4) In the case of a third or subsequent violation |
22 |
| committed within 5
years of a previous violation of subsection |
23 |
| (a) or a similar provision, in
addition to any other criminal |
24 |
| or administrative sanction, a mandatory minimum
term of either |
25 |
| 10 days of imprisonment or 480 hours of community service shall
|
26 |
| be imposed.
|
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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| (b-5) The imprisonment or assignment of community service |
2 |
| under subsections
(b-3) and (b-4) shall not be subject to |
3 |
| suspension, nor shall the person be
eligible for a reduced |
4 |
| sentence.
|
5 |
| (c) (Blank).
|
6 |
| (c-1) (1) A person who violates subsection (a)
during
a |
7 |
| period in which his
or her driving privileges are revoked |
8 |
| or suspended, where the revocation or
suspension was for a |
9 |
| violation of subsection (a), Section
11-501.1, paragraph |
10 |
| (b)
of Section 11-401, or for reckless homicide as defined |
11 |
| in Section 9-3 of
the Criminal Code of 1961 is guilty of a
|
12 |
| Class 4 felony.
|
13 |
| (2) A person who violates subsection (a) a third
time, |
14 |
| if the third violation occurs during a period in
which his |
15 |
| or her driving privileges are revoked or suspended where |
16 |
| the
revocation
or suspension was for a violation of |
17 |
| subsection (a),
Section 11-501.1, paragraph
(b) of Section |
18 |
| 11-401, or for reckless homicide as defined in Section 9-3
|
19 |
| of the Criminal Code of 1961, is guilty of
a Class 3 |
20 |
| felony; and if the
person receives a term of
probation or |
21 |
| conditional discharge, he or she shall be required to serve |
22 |
| a
mandatory
minimum of 10 days of imprisonment or shall be |
23 |
| assigned a mandatory minimum of
480 hours of community |
24 |
| service, as may be determined by the court, as a
condition |
25 |
| of the probation or conditional discharge. This mandatory |
26 |
| minimum
term of imprisonment or assignment of community |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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1 |
| service shall not be suspended
or reduced by the court.
|
2 |
| (2.2) A person who violates subsection (a), if the
|
3 |
| violation occurs during a period in which his or her |
4 |
| driving privileges are
revoked or suspended where the |
5 |
| revocation or suspension was for a violation of
subsection |
6 |
| (a) or Section 11-501.1, shall also be sentenced to an |
7 |
| additional
mandatory minimum term of 30 consecutive days of |
8 |
| imprisonment, 40 days of
24-hour periodic imprisonment, or |
9 |
| 720 hours of community service, as may be
determined by the |
10 |
| court. This mandatory term of imprisonment or assignment of
|
11 |
| community service shall not be suspended or reduced by the |
12 |
| court.
|
13 |
| (3) A person who violates subsection (a) a fourth or
|
14 |
| subsequent time, if the fourth or subsequent violation |
15 |
| occurs
during a period in which his
or her driving |
16 |
| privileges are revoked or suspended where the revocation
or |
17 |
| suspension was for a violation of subsection (a),
Section |
18 |
| 11-501.1, paragraph
(b) of Section 11-401, or for reckless |
19 |
| homicide as defined in
Section 9-3
of
the Criminal Code of |
20 |
| 1961, is guilty of
a Class 2 felony and is not eligible for |
21 |
| a sentence of probation or
conditional discharge.
|
22 |
| (c-2) (Blank).
|
23 |
| (c-3) (Blank).
|
24 |
| (c-4) (Blank).
|
25 |
| (c-5) Except as provided in subsection (c-5.1), a person 21 |
26 |
| years of age or older who violates subsection (a), if the |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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|
1 |
| person was transporting
a person under the age of 16 at the |
2 |
| time of the violation, is subject to 6 months of imprisonment, |
3 |
| an
additional mandatory minimum fine of $1,000, and 25 days of |
4 |
| community service in a program benefiting children. The |
5 |
| imprisonment or assignment of community service under this
|
6 |
| subsection (c-5) is not subject to suspension, nor is the |
7 |
| person eligible for
a reduced sentence.
|
8 |
| (c-5.1) A person 21 years of age or older who is convicted |
9 |
| of violating subsection (a) of this Section
a
first time and |
10 |
| who in committing that violation was involved in a motor |
11 |
| vehicle
accident that resulted in bodily harm to the child |
12 |
| under the age of 16 being
transported by the person, if the |
13 |
| violation was the proximate cause of the
injury, is guilty of a |
14 |
| Class 4 felony and is subject to one year of
imprisonment,
a |
15 |
| mandatory fine of $2,500, and 25 days of community service in a |
16 |
| program
benefiting children. The imprisonment or assignment to |
17 |
| community service under
this subsection (c-5.1) shall not be |
18 |
| subject to suspension, nor shall the person be
eligible for |
19 |
| probation in order to reduce the sentence or assignment.
|
20 |
| (c-6) Except as provided in subsections (c-7) and (c-7.1), |
21 |
| a person 21 years of age or older who
violates
subsection (a) a |
22 |
| second time, if at the time of
the second violation the person |
23 |
| was transporting a person under the age of 16,
is subject to 6 |
24 |
| months of imprisonment, an additional mandatory
minimum fine of |
25 |
| $1,000, and an additional mandatory minimum 140 hours of
|
26 |
| community service, which shall include 40 hours of community |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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|
1 |
| service in a
program benefiting children.
The imprisonment or |
2 |
| assignment of community service under this subsection (c-6)
is |
3 |
| not subject to suspension, nor is the person eligible for a |
4 |
| reduced
sentence.
|
5 |
| (c-7) Except as provided in subsection (c-7.1), any person |
6 |
| 21 years of age or older convicted of
violating subsection |
7 |
| (c-6) or a similar
provision within 10 years of a previous |
8 |
| violation of subsection (a) or a
similar provision is guilty of |
9 |
| a Class 4 felony and, in addition to any other penalty imposed, |
10 |
| is subject to one year of
imprisonment, 25 days of mandatory
|
11 |
| community service in a program benefiting children, and a |
12 |
| mandatory
fine of $2,500. The imprisonment or assignment of |
13 |
| community service under this
subsection (c-7) is not subject to |
14 |
| suspension, nor is the person
eligible for a reduced sentence.
|
15 |
| (c-7.1) A person 21 years of age or older who is convicted |
16 |
| of violating subsection (a) of this Section
a
second time |
17 |
| within 10 years and who in committing that violation was |
18 |
| involved
in a motor vehicle accident that resulted in bodily |
19 |
| harm to the child under the
age of 16 being transported, if the |
20 |
| violation was the proximate cause of the
injury, is guilty of a |
21 |
| Class 4 felony and is subject to 18 months of
imprisonment, a
|
22 |
| mandatory fine of $5,000, and 25 days of community service in a |
23 |
| program
benefiting
children. The imprisonment or assignment to |
24 |
| community service under this
subsection
(c-7.1) shall not be |
25 |
| subject to suspension, nor shall the person be eligible for
|
26 |
| probation in order
to reduce the sentence or assignment.
|
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| (c-8) (Blank).
|
2 |
| (c-9) Any person 21 years of age or older convicted a third |
3 |
| time for violating subsection (a) or a
similar provision, if at |
4 |
| the time of the third violation the person was
transporting a |
5 |
| person under the age of 16, is guilty of a Class 4 felony and is |
6 |
| subject to 18 months of imprisonment, a mandatory fine of |
7 |
| $2,500, and 25 days of community service in a
program |
8 |
| benefiting children.
The imprisonment or assignment of |
9 |
| community service under this subsection (c-9)
is not subject to |
10 |
| suspension, nor is the person eligible for a reduced
sentence.
|
11 |
| (c-10) Any person 21 years of age or older convicted of |
12 |
| violating subsection (c-9) or a similar
provision a third time |
13 |
| within 20 years of a previous violation of subsection
(a) or a
|
14 |
| similar provision is guilty of a Class 3 felony and, in |
15 |
| addition
to any other penalty imposed, is subject to 3 years of |
16 |
| imprisonment, 25 days of community
service in a program |
17 |
| benefiting children, and a mandatory fine of
$25,000. The |
18 |
| imprisonment or
assignment of community service under this |
19 |
| subsection (c-10) is not subject to
suspension, nor is the |
20 |
| person eligible for a reduced sentence.
|
21 |
| (c-11) Any person 21 years of age or older convicted a |
22 |
| fourth or subsequent time for violating
subsection (a) or a |
23 |
| similar provision, if at the time of the fourth or
subsequent |
24 |
| violation the person was transporting a person under the age of |
25 |
| 16,
and if the person's 3 prior violations of subsection (a) or |
26 |
| a similar provision
occurred while transporting a person under |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| the age of 16 or while the alcohol
concentration in his or her |
2 |
| blood, breath, or urine was 0.16 or more based
on the |
3 |
| definition of blood, breath, or urine units in Section |
4 |
| 11-501.2, is
guilty of a Class 2 felony, is not eligible for |
5 |
| probation or conditional
discharge, and is subject to a minimum |
6 |
| fine of $25,000.
|
7 |
| (c-12) Any person convicted of a first violation of |
8 |
| subsection (a) or a
similar provision, if the alcohol |
9 |
| concentration in his or her blood, breath, or
urine was 0.16 or |
10 |
| more based on the definition of blood, breath, or urine
units |
11 |
| in Section 11-501.2, shall be subject, in addition to any other |
12 |
| penalty
that may be imposed, to a mandatory minimum of 100 |
13 |
| hours of community service
and a mandatory minimum fine of |
14 |
| $500.
|
15 |
| (c-13) Any person convicted of a second violation of |
16 |
| subsection (a) or a similar provision committed within 10 years |
17 |
| of a previous violation of subsection (a) or a similar |
18 |
| provision, if at the time of the second violation of subsection |
19 |
| (a) or a similar provision the
alcohol concentration in his or |
20 |
| her blood, breath, or urine was 0.16 or more
based on the |
21 |
| definition of blood, breath, or urine units in Section |
22 |
| 11-501.2,
shall be
subject, in addition to any other penalty |
23 |
| that may be imposed, to a mandatory
minimum of 2 days of |
24 |
| imprisonment and a mandatory minimum fine of $1,250.
|
25 |
| (c-14) Any person convicted of a third violation of |
26 |
| subsection (a) or a
similar provision within 20 years of a |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| previous violation of subsection (a) or
a
similar provision, if |
2 |
| at the time of the third violation of subsection (a) or a
|
3 |
| similar provision the alcohol concentration in his or her |
4 |
| blood, breath, or
urine was 0.16 or more based on the |
5 |
| definition of blood, breath, or urine units
in Section |
6 |
| 11-501.2, is guilty of a Class 4 felony and shall be subject, |
7 |
| in
addition to any other penalty that may be imposed, to a |
8 |
| mandatory minimum of
90 days of imprisonment and a mandatory |
9 |
| minimum fine of $2,500.
|
10 |
| (c-15) Any person convicted of a fourth or subsequent |
11 |
| violation of
subsection
(a) or a similar provision, if at the |
12 |
| time of the fourth or subsequent
violation the alcohol |
13 |
| concentration in his or her blood, breath, or urine was
0.16 or |
14 |
| more based on the definition of blood, breath, or urine units |
15 |
| in
Section 11-501.2, and if the person's 3 prior violations of |
16 |
| subsection (a) or a
similar provision occurred while |
17 |
| transporting a person under the age of 16 or
while the alcohol |
18 |
| concentration in his or her blood, breath, or urine was 0.16
or |
19 |
| more based on the definition of blood, breath, or urine units |
20 |
| in Section
11-501.2, is guilty of a Class 2 felony and is not |
21 |
| eligible for a sentence of
probation or conditional discharge |
22 |
| and is subject to a minimum fine of
$2,500.
|
23 |
| (d) (1) Every person convicted of committing a violation of |
24 |
| this Section
shall be guilty of aggravated driving under |
25 |
| the influence of alcohol,
other drug or drugs, or |
26 |
| intoxicating compound or compounds, or any combination
|
|
|
|
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|
1 |
| thereof if:
|
2 |
| (A) the person committed a violation of subsection |
3 |
| (a) or a similar
provision for the
third or subsequent |
4 |
| time;
|
5 |
| (B) the person committed a violation of subsection |
6 |
| (a)
while
driving a school bus with persons 18 years of |
7 |
| age or younger
on board;
|
8 |
| (C) the person in committing a violation of |
9 |
| subsection
(a) was
involved in a motor vehicle accident |
10 |
| that resulted in great bodily harm or
permanent |
11 |
| disability or disfigurement to another, when the |
12 |
| violation was
a proximate cause of the injuries;
|
13 |
| (D) the person committed a violation of subsection |
14 |
| (a)
for a
second time and has been previously convicted |
15 |
| of violating Section 9-3 of the
Criminal Code of 1961 |
16 |
| or a similar provision of a law of another state |
17 |
| relating to reckless homicide in which the person was
|
18 |
| determined to have been under the influence of alcohol, |
19 |
| other drug or
drugs, or intoxicating compound or |
20 |
| compounds as an element of the offense or
the person |
21 |
| has previously been convicted
under subparagraph (C) |
22 |
| or subparagraph (F) of this paragraph (1);
|
23 |
| (E) the person, in committing a violation of |
24 |
| subsection (a) while
driving at any speed in a school |
25 |
| speed zone at a time when a speed limit of
20 miles per |
26 |
| hour was in effect under subsection (a) of Section |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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|
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| 11-605 of
this Code, was involved in a motor vehicle |
2 |
| accident that resulted in bodily
harm, other than great |
3 |
| bodily harm or permanent disability or disfigurement,
|
4 |
| to another person, when the violation of subsection (a) |
5 |
| was a
proximate cause
of the bodily harm; or
|
6 |
| (F) the person, in committing a violation of |
7 |
| subsection (a), was
involved in a motor vehicle, |
8 |
| snowmobile, all-terrain vehicle, or watercraft
|
9 |
| accident that resulted in
the death of another person, |
10 |
| when the violation of subsection
(a) was
a proximate |
11 |
| cause of the death.
|
12 |
| (2) Except as provided in this paragraph (2), a person |
13 |
| convicted of
aggravated driving under
the
influence of |
14 |
| alcohol, other drug or
drugs,
or intoxicating compound or |
15 |
| compounds, or any
combination thereof is guilty of a Class |
16 |
| 4 felony. For a violation of
subparagraph (C)
of
paragraph |
17 |
| (1) of this subsection (d), the defendant, if sentenced to |
18 |
| a term
of imprisonment, shall be sentenced
to not less than
|
19 |
| one year nor more than 12 years.
Aggravated driving under |
20 |
| the influence of alcohol, other drug or drugs,
or |
21 |
| intoxicating compound or compounds, or any combination |
22 |
| thereof as
defined in subparagraph (F) of paragraph (1) of |
23 |
| this subsection (d) is
a Class 2 felony, for which the |
24 |
| defendant, if sentenced to a term of
imprisonment, shall be |
25 |
| sentenced to: (A) a
term of imprisonment of not less than 3 |
26 |
| years and not more
than 14 years if the violation resulted |
|
|
|
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|
1 |
| in the death of one person; or
(B) a term of imprisonment |
2 |
| of not less than 6 years and not
more than 28 years if the |
3 |
| violation resulted in the deaths of 2 or more
persons.
For |
4 |
| any prosecution under this subsection
(d), a certified copy |
5 |
| of the
driving abstract of the defendant shall be admitted |
6 |
| as proof of any prior
conviction.
Any person sentenced |
7 |
| under this subsection (d) who receives a term of
probation
|
8 |
| or conditional discharge must serve a minimum term of |
9 |
| either 480 hours of
community service or 10 days of |
10 |
| imprisonment as a condition of the probation or
conditional |
11 |
| discharge. This mandatory minimum term of imprisonment or
|
12 |
| assignment of community service may not be suspended or |
13 |
| reduced by the court.
|
14 |
| (e) After a finding of guilt and prior to any final |
15 |
| sentencing, or an
order for supervision, for an offense based |
16 |
| upon an arrest for a
violation of this Section or a similar |
17 |
| provision of a local ordinance,
individuals shall be required |
18 |
| to undergo a professional evaluation to
determine if an |
19 |
| alcohol, drug, or intoxicating compound abuse problem exists
|
20 |
| and the
extent of the problem, and undergo the imposition of |
21 |
| treatment as appropriate.
Programs conducting these |
22 |
| evaluations shall be
licensed by the Department of Human |
23 |
| Services. The cost of any professional
evaluation shall be paid |
24 |
| for by the
individual
required to undergo the professional |
25 |
| evaluation.
|
26 |
| (e-1) Any person who is found guilty of or pleads guilty to |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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|
1 |
| violating this
Section, including any person receiving a |
2 |
| disposition of court supervision for
violating this Section, |
3 |
| may be required by the Court to attend a victim
impact panel |
4 |
| offered by, or under contract with, a County State's Attorney's
|
5 |
| office, a probation and court services department, Mothers |
6 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated |
7 |
| Motorists.
All costs generated by
the victim impact panel shall |
8 |
| be paid from fees collected from the
offender or as may be |
9 |
| determined by the court.
|
10 |
| (f) Every person found guilty of violating this Section, |
11 |
| whose
operation of a motor vehicle while in violation of this |
12 |
| Section proximately
caused any incident resulting in an |
13 |
| appropriate emergency response, shall
be liable for the expense |
14 |
| of an emergency response as provided under
Section 5-5-3 of the |
15 |
| Unified Code of Corrections.
|
16 |
| (g) The Secretary of State shall revoke the driving |
17 |
| privileges of any
person convicted under this Section or a |
18 |
| similar provision of a local
ordinance.
|
19 |
| (h) (Blank).
|
20 |
| (i) The Secretary of State shall require the installation |
21 |
| and continuous use of ignition interlock
devices on all |
22 |
| vehicles owned by an individual who has been convicted of a
|
23 |
| first, second, or third violation
second
or subsequent offense
|
24 |
| of subdivision (a)(1), (a)(2), or (a)(5) of this Section or a |
25 |
| similar provision of a local
ordinance. The Secretary shall |
26 |
| establish by rule and regulation the procedures
for |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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|
1 |
| certification and use of the ignition interlock system.
|
2 |
| The ignition interlock device installed in the vehicle of a |
3 |
| person convicted of a first, second, or third violation of |
4 |
| subdivision (a)(1), (a)(2), or (a)(5) of this Section shall |
5 |
| remain installed until the individual's driver's license has |
6 |
| been reinstated. Individuals with a fourth or subsequent |
7 |
| conviction of violating subdivision (a)(1), (a)(2), or (a)(3) |
8 |
| of this Section must install and maintain ignition interlock |
9 |
| devices on all vehicles they own and must keep the devices on |
10 |
| those vehicles indefinitely. Individuals who have been |
11 |
| convicted of violating subdivision (a)(1), (a)(2), or (a)(5) of |
12 |
| this Section or a similar provision of a local ordinance but do |
13 |
| not own a vehicle must either: use a transdermal alcohol |
14 |
| monitoring device until the individual's driver's license has |
15 |
| been reinstated or install an ignition interlock device in a |
16 |
| vehicle not owned by the individual until the individual's |
17 |
| driver's license has been reinstated. Upon installation, the |
18 |
| individual shall pay to the Secretary of State DUI |
19 |
| Administration Fund an annual fee of $120 and shall continue to |
20 |
| pay this fee annually until the individual's driver's license |
21 |
| has been reinstated. The Secretary
of State shall adopt rules |
22 |
| for the collection of this fee and for its payment in monthly |
23 |
| increments for necessary periods of less than one year.
|
24 |
| (i-1) Individuals convicted of violating subsection (i) |
25 |
| shall be guilty of a Class 4 felony, shall not be eligible for |
26 |
| a sentence of probation or conditional discharge, and shall, in |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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|
1 |
| addition to any other penalty imposed, be subject to a |
2 |
| mandatory minimum fine of $2,500. This fine shall not be |
3 |
| suspended or reduced by the court.
|
4 |
| (i-2) Individuals convicted of violating subsection (i) a |
5 |
| second or subsequent time shall be guilty of a Class 4 felony, |
6 |
| shall not be eligible for a sentence of probation or |
7 |
| conditional discharge, and shall, in addition to any other |
8 |
| penalty imposed, be subject to imprisonment of no less than 18 |
9 |
| months. This term of imprisonment shall not be suspended or |
10 |
| reduced by the court.
|
11 |
| (j) In addition to any other penalties and liabilities, a |
12 |
| person who is
found guilty of or pleads guilty to violating |
13 |
| subsection (a), including any
person placed on court |
14 |
| supervision for violating subsection (a), shall be fined
$500, |
15 |
| payable to the
circuit clerk, who shall distribute the money as |
16 |
| follows: 20% to the law enforcement agency
that made the arrest |
17 |
| and 80% shall be forwarded to the State Treasurer for deposit |
18 |
| into the General Revenue Fund. If the person has been |
19 |
| previously convicted of violating
subsection (a) or a similar |
20 |
| provision of a local
ordinance, the fine shall be
$1,000. In |
21 |
| the event that more than one agency is responsible
for the |
22 |
| arrest, the amount payable to law enforcement agencies shall be |
23 |
| shared equally. Any moneys received
by a law
enforcement agency |
24 |
| under this subsection (j) shall be used for enforcement and |
25 |
| prevention of driving while under the influence of alcohol, |
26 |
| other drug or drugs, intoxicating compound or compounds or any |
|
|
|
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LRB095 07788 DRH 27949 b |
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|
1 |
| combination thereof, as defined by this Section, including but |
2 |
| not limited to the purchase of law
enforcement equipment and |
3 |
| commodities that will assist in the prevention of alcohol |
4 |
| related
criminal violence throughout the State; police officer |
5 |
| training and education in areas related to alcohol related |
6 |
| crime, including but not limited to DUI training; and police |
7 |
| officer salaries, including but not limited to salaries for |
8 |
| hire back funding for safety checkpoints, saturation patrols, |
9 |
| and liquor store sting operations. Equipment and commodities |
10 |
| shall include, but are not limited
to, in-car video cameras, |
11 |
| radar and laser speed detection devices, and alcohol
breath |
12 |
| testers.
Any moneys received by the Department of State Police |
13 |
| under this subsection
(j) shall be deposited into the State |
14 |
| Police DUI Fund and shall be used for enforcement and |
15 |
| prevention of driving while under the influence of alcohol, |
16 |
| other drug or drugs, intoxicating compound or compounds or any |
17 |
| combination thereof, as defined by this Section, including but |
18 |
| not limited to the
purchase of law enforcement equipment and |
19 |
| commodities that will assist in the prevention of
alcohol |
20 |
| related criminal violence throughout the State; police officer |
21 |
| training and education in areas related to alcohol related |
22 |
| crime, including but not limited to DUI training; and police |
23 |
| officer salaries, including but not limited to salaries for |
24 |
| hire back funding for safety checkpoints, saturation patrols, |
25 |
| and liquor store sting operations.
|
26 |
| (k) The Secretary of State Police DUI Fund is created as a |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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|
1 |
| special
fund in the State treasury. All moneys received by the |
2 |
| Secretary of State
Police under subsection (j) of this Section |
3 |
| shall be deposited into the
Secretary of State Police DUI Fund |
4 |
| and, subject to appropriation, shall be
used for enforcement |
5 |
| and prevention of driving while under the influence of alcohol, |
6 |
| other drug or drugs, intoxicating compound or compounds or any |
7 |
| combination thereof, as defined by this Section, including but |
8 |
| not limited to the purchase of law enforcement equipment and |
9 |
| commodities to assist in the prevention of
alcohol related |
10 |
| criminal violence throughout the State; police officer |
11 |
| training and education in areas related to alcohol related |
12 |
| crime, including but not limited to DUI training; and police |
13 |
| officer salaries, including but not limited to salaries for |
14 |
| hire back funding for safety checkpoints, saturation patrols, |
15 |
| and liquor store sting operations.
|
16 |
| (l) Whenever an individual is sentenced for an offense |
17 |
| based upon an
arrest for a violation of subsection (a) or a |
18 |
| similar provision of a local
ordinance, and the professional |
19 |
| evaluation recommends remedial or
rehabilitative treatment or |
20 |
| education, neither the treatment nor the education
shall be the |
21 |
| sole disposition and either or both may be imposed only in
|
22 |
| conjunction with another disposition. The court shall monitor |
23 |
| compliance with
any remedial education or treatment |
24 |
| recommendations contained in the
professional evaluation. |
25 |
| Programs conducting alcohol or other drug evaluation
or |
26 |
| remedial education must be licensed by the Department of Human |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| Services. If
the individual is not a resident of Illinois, |
2 |
| however, the court may accept an
alcohol or other drug |
3 |
| evaluation or remedial education program in the
individual's |
4 |
| state of residence. Programs providing treatment must be |
5 |
| licensed
under existing applicable alcoholism and drug |
6 |
| treatment licensure standards.
|
7 |
| (m) In addition to any other fine or penalty required by |
8 |
| law, an individual
convicted of a violation of subsection (a), |
9 |
| Section 5-7 of the Snowmobile
Registration and Safety Act, |
10 |
| Section 5-16 of the Boat Registration and Safety
Act, or a |
11 |
| similar provision, whose operation of a motor vehicle, |
12 |
| snowmobile, or
watercraft while in
violation of subsection (a), |
13 |
| Section 5-7 of the Snowmobile Registration and
Safety Act, |
14 |
| Section 5-16 of the Boat Registration and Safety Act, or a |
15 |
| similar
provision proximately caused an incident resulting in |
16 |
| an appropriate emergency
response, shall be required to make |
17 |
| restitution to a public agency for the
costs of that emergency |
18 |
| response. The restitution may not exceed $1,000 per
public |
19 |
| agency for each emergency response. As used in this subsection |
20 |
| (m),
"emergency response" means any incident requiring a |
21 |
| response by a police
officer, a firefighter carried on the |
22 |
| rolls of a regularly constituted fire
department, or an |
23 |
| ambulance.
|
24 |
| (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; |
25 |
| 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; |
26 |
| 93-840, eff. 7-30-04; 94-110, eff. 1-1-06; 94-963, eff. |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| 6-28-06.)
|
2 |
| (Text of Section from P.A. 94-113, 94-609, and 94-963) |
3 |
| Sec. 11-501. Driving while under the influence of alcohol, |
4 |
| other drug or
drugs, intoxicating compound or compounds or any |
5 |
| combination thereof.
|
6 |
| (a) A person shall not drive or be in actual
physical |
7 |
| control of any vehicle within this State while:
|
8 |
| (1) the alcohol concentration in the person's blood or |
9 |
| breath is 0.08
or more based on the definition of blood and |
10 |
| breath units in Section 11-501.2;
|
11 |
| (2) under the influence of alcohol;
|
12 |
| (3) under the influence of any intoxicating compound or |
13 |
| combination of
intoxicating compounds to a degree that |
14 |
| renders the person incapable of
driving safely;
|
15 |
| (4) under the influence of any other drug or |
16 |
| combination of drugs to a
degree that renders the person |
17 |
| incapable of safely driving;
|
18 |
| (5) under the combined influence of alcohol, other drug |
19 |
| or drugs, or
intoxicating compound or compounds to a degree |
20 |
| that renders the person
incapable of safely driving; or
|
21 |
| (6) there is any amount of a drug, substance, or |
22 |
| compound in the
person's breath, blood, or urine resulting |
23 |
| from the unlawful use or consumption
of cannabis listed in |
24 |
| the Cannabis Control Act, a controlled substance listed
in |
25 |
| the Illinois Controlled Substances Act, or an intoxicating |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| compound listed
in the Use of Intoxicating Compounds Act.
|
2 |
| (b) The fact that any person charged with violating this |
3 |
| Section is or
has been legally entitled to use alcohol, other |
4 |
| drug or drugs, or
intoxicating compound or compounds, or any
|
5 |
| combination thereof, shall not constitute a defense against any |
6 |
| charge of
violating this Section.
|
7 |
| (b-1) With regard to penalties imposed under this Section:
|
8 |
| (1) Any reference to a prior violation of subsection |
9 |
| (a) or a similar
provision includes any violation of a |
10 |
| provision of a local ordinance or a
provision of a law of |
11 |
| another state that is similar to a violation of
subsection |
12 |
| (a) of this Section.
|
13 |
| (2) Any penalty imposed for driving with a license that |
14 |
| has been revoked
for a previous violation of subsection (a) |
15 |
| of this Section shall be in
addition to the penalty imposed |
16 |
| for any subsequent violation of subsection (a).
|
17 |
| (b-2) Except as otherwise provided in this Section, any |
18 |
| person convicted of
violating subsection (a) of this Section is |
19 |
| guilty of a Class A misdemeanor.
|
20 |
| (b-3) In addition to any other criminal or administrative |
21 |
| sanction for any
second conviction of violating subsection (a) |
22 |
| or a similar provision committed
within 5 years of a previous |
23 |
| violation of subsection (a) or a similar
provision, the |
24 |
| defendant shall be sentenced to a mandatory minimum of 5 days |
25 |
| of
imprisonment or assigned a mandatory minimum of 240 hours of |
26 |
| community service
as may be determined by the court.
|
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| (b-4) In the case of a third or subsequent violation |
2 |
| committed within 5
years of a previous violation of subsection |
3 |
| (a) or a similar provision, in
addition to any other criminal |
4 |
| or administrative sanction, a mandatory minimum
term of either |
5 |
| 10 days of imprisonment or 480 hours of community service shall
|
6 |
| be imposed.
|
7 |
| (b-5) The imprisonment or assignment of community service |
8 |
| under subsections
(b-3) and (b-4) shall not be subject to |
9 |
| suspension, nor shall the person be
eligible for a reduced |
10 |
| sentence.
|
11 |
| (c) (Blank).
|
12 |
| (c-1) (1) A person who violates subsection (a)
during
a |
13 |
| period in which his
or her driving privileges are revoked |
14 |
| or suspended, where the revocation or
suspension was for a |
15 |
| violation of subsection (a), Section
11-501.1, paragraph |
16 |
| (b)
of Section 11-401, or for reckless homicide as defined |
17 |
| in Section 9-3 of
the Criminal Code of 1961 is guilty of a
|
18 |
| Class 4 felony.
|
19 |
| (2) A person who violates subsection (a) a third
time, |
20 |
| if the third violation occurs during a period in
which his |
21 |
| or her driving privileges are revoked or suspended where |
22 |
| the
revocation
or suspension was for a violation of |
23 |
| subsection (a),
Section 11-501.1, paragraph
(b) of Section |
24 |
| 11-401, or for reckless homicide as defined in Section 9-3
|
25 |
| of the Criminal Code of 1961, is guilty of
a Class 3 |
26 |
| felony. |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| (2.1) A person who violates subsection (a) a third |
2 |
| time, if the third
violation occurs during a period in |
3 |
| which his or her driving privileges are
revoked or |
4 |
| suspended where the revocation or suspension was for a |
5 |
| violation of
subsection (a), Section 11-501.1, subsection |
6 |
| (b) of Section 11-401, or for
reckless homicide as defined |
7 |
| in Section
9-3 of the Criminal Code of 1961, is guilty of a |
8 |
| Class 3 felony; and if the
person receives a term of
|
9 |
| probation or conditional discharge, he or she shall be |
10 |
| required to serve a
mandatory
minimum of 10 days of |
11 |
| imprisonment or shall be assigned a mandatory minimum of
|
12 |
| 480 hours of community service, as may be determined by the |
13 |
| court, as a
condition of the probation or conditional |
14 |
| discharge. This mandatory minimum
term of imprisonment or |
15 |
| assignment of community service shall not be suspended
or |
16 |
| reduced by the court.
|
17 |
| (2.2) A person who violates subsection (a), if the
|
18 |
| violation occurs during a period in which his or her |
19 |
| driving privileges are
revoked or suspended where the |
20 |
| revocation or suspension was for a violation of
subsection |
21 |
| (a) or Section 11-501.1, shall also be sentenced to an |
22 |
| additional
mandatory minimum term of 30 consecutive days of |
23 |
| imprisonment, 40 days of
24-hour periodic imprisonment, or |
24 |
| 720 hours of community service, as may be
determined by the |
25 |
| court. This mandatory term of imprisonment or assignment of
|
26 |
| community service shall not be suspended or reduced by the |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| court.
|
2 |
| (3) A person who violates subsection (a) a fourth or
|
3 |
| subsequent time, if the fourth or subsequent violation |
4 |
| occurs
during a period in which his
or her driving |
5 |
| privileges are revoked or suspended where the revocation
or |
6 |
| suspension was for a violation of subsection (a),
Section |
7 |
| 11-501.1, paragraph
(b) of Section 11-401, or for reckless |
8 |
| homicide as defined in
Section 9-3
of
the Criminal Code of |
9 |
| 1961, is guilty of
a Class 2 felony and is not eligible for |
10 |
| a sentence of probation or
conditional discharge.
|
11 |
| (c-2) (Blank).
|
12 |
| (c-3) (Blank).
|
13 |
| (c-4) (Blank).
|
14 |
| (c-5) A person who violates subsection (a), if the person |
15 |
| was transporting
a person under the age of 16 at the time of |
16 |
| the violation, is subject to an
additional mandatory minimum |
17 |
| fine of $1,000, an additional mandatory minimum
140 hours of |
18 |
| community service, which shall include 40 hours of community
|
19 |
| service in a program benefiting children, and an additional 2 |
20 |
| days of
imprisonment. The imprisonment or assignment of |
21 |
| community service under this
subsection (c-5) is not subject to |
22 |
| suspension, nor is the person eligible for
a reduced sentence.
|
23 |
| (c-6) Except as provided in subsections (c-7) and (c-8) a |
24 |
| person who
violates
subsection (a) a second time, if at the |
25 |
| time of
the second violation the person was transporting a |
26 |
| person under the age of 16,
is subject to an additional 10 days |
|
|
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| of imprisonment, an additional mandatory
minimum fine of |
2 |
| $1,000, and an additional mandatory minimum 140 hours of
|
3 |
| community service, which shall include 40 hours of community |
4 |
| service in a
program benefiting children.
The imprisonment or |
5 |
| assignment of community service under this subsection (c-6)
is |
6 |
| not subject to suspension, nor is the person eligible for a |
7 |
| reduced
sentence.
|
8 |
| (c-7) Except as provided in subsection (c-8), any person |
9 |
| convicted of
violating subsection (c-6) or a similar
provision |
10 |
| within 10 years of a previous violation of subsection (a) or a
|
11 |
| similar provision shall receive, in addition to any other |
12 |
| penalty imposed, a
mandatory minimum 12 days imprisonment, an |
13 |
| additional 40 hours of mandatory
community service in a program |
14 |
| benefiting children, and a mandatory minimum
fine of $1,750. |
15 |
| The imprisonment or assignment of community service under this
|
16 |
| subsection (c-7) is not subject to suspension, nor is the |
17 |
| person
eligible for a reduced sentence.
|
18 |
| (c-8) Any person convicted of violating subsection (c-6) or |
19 |
| a similar
provision within 5 years of a previous violation of |
20 |
| subsection (a) or a similar
provision shall receive, in |
21 |
| addition to any other penalty imposed, an
additional 80 hours |
22 |
| of mandatory community service in a program benefiting
|
23 |
| children, an additional mandatory minimum 12 days of |
24 |
| imprisonment, and a
mandatory minimum fine of $1,750. The |
25 |
| imprisonment or assignment of community
service under this |
26 |
| subsection (c-8) is not subject to suspension, nor
is the
|
|
|
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| person eligible for a reduced sentence.
|
2 |
| (c-9) Any person convicted a third time for violating |
3 |
| subsection (a) or a
similar provision, if at the time of the |
4 |
| third violation the person was
transporting a person under the |
5 |
| age of 16, is guilty of a Class 4 felony and shall
receive, in |
6 |
| addition to any other
penalty imposed, an additional mandatory |
7 |
| fine of $1,000, an additional
mandatory 140 hours of community |
8 |
| service, which shall include 40 hours in a
program benefiting |
9 |
| children, and a mandatory minimum 30 days of imprisonment.
The |
10 |
| imprisonment or assignment of community service under this |
11 |
| subsection (c-9)
is not subject to suspension, nor is the |
12 |
| person eligible for a reduced
sentence.
|
13 |
| (c-10) Any person convicted of violating subsection (c-9) |
14 |
| or a similar
provision a third time within 20 years of a |
15 |
| previous violation of subsection
(a) or a
similar provision is |
16 |
| guilty of a Class 4 felony and shall receive, in addition
to |
17 |
| any other penalty imposed, an additional mandatory 40 hours of |
18 |
| community
service in a program benefiting children, an |
19 |
| additional mandatory fine of
$3,000, and a mandatory minimum |
20 |
| 120 days of imprisonment. The imprisonment or
assignment of |
21 |
| community service under this subsection (c-10) is not subject |
22 |
| to
suspension, nor is the person eligible for a reduced |
23 |
| sentence.
|
24 |
| (c-11) Any person convicted a fourth or subsequent time for |
25 |
| violating
subsection (a) or a similar provision, if at the time |
26 |
| of the fourth or
subsequent violation the person was |
|
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| transporting a person under the age of 16,
and if the person's |
2 |
| 3 prior violations of subsection (a) or a similar provision
|
3 |
| occurred while transporting a person under the age of 16 or |
4 |
| while the alcohol
concentration in his or her blood, breath, or |
5 |
| urine was 0.16 or more based
on the definition of blood, |
6 |
| breath, or urine units in Section 11-501.2, is
guilty of a |
7 |
| Class 2 felony, is not eligible for probation or conditional
|
8 |
| discharge, and is subject to a minimum fine of $3,000.
|
9 |
| (c-12) Any person convicted of a first violation of |
10 |
| subsection (a) or a
similar provision, if the alcohol |
11 |
| concentration in his or her blood, breath, or
urine was 0.16 or |
12 |
| more based on the definition of blood, breath, or urine
units |
13 |
| in Section 11-501.2, shall be subject, in addition to any other |
14 |
| penalty
that may be imposed, to a mandatory minimum of 100 |
15 |
| hours of community service
and a mandatory minimum fine of |
16 |
| $500.
|
17 |
| (c-13) Any person convicted of a second violation of |
18 |
| subsection (a) or a similar provision committed within 10 years |
19 |
| of a previous violation of subsection (a) or a similar |
20 |
| provision committed within 10 years of a previous violation of |
21 |
| subsection (a) or a similar provision, if at the time of the |
22 |
| second violation of subsection (a) the
alcohol concentration in |
23 |
| his or her blood, breath, or urine was 0.16 or more
based on |
24 |
| the definition of blood, breath, or urine units in Section |
25 |
| 11-501.2,
shall be
subject, in addition to any other penalty |
26 |
| that may be imposed, to a mandatory
minimum of 2 days of |
|
|
|
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| imprisonment and a mandatory minimum fine of $1,250.
|
2 |
| (c-14) Any person convicted of a third violation of |
3 |
| subsection (a) or a
similar provision within 20 years of a |
4 |
| previous violation of subsection (a) or
a
similar provision, if |
5 |
| at the time of the third violation of subsection (a) or a
|
6 |
| similar provision the alcohol concentration in his or her |
7 |
| blood, breath, or
urine was 0.16 or more based on the |
8 |
| definition of blood, breath, or urine units
in Section |
9 |
| 11-501.2, is guilty of a Class 4 felony and shall be subject, |
10 |
| in
addition to any other penalty that may be imposed, to a |
11 |
| mandatory minimum of
90 days of imprisonment and a mandatory |
12 |
| minimum fine of $2,500.
|
13 |
| (c-15) Any person convicted of a fourth or subsequent |
14 |
| violation of
subsection
(a) or a similar provision, if at the |
15 |
| time of the fourth or subsequent
violation the alcohol |
16 |
| concentration in his or her blood, breath, or urine was
0.16 or |
17 |
| more based on the definition of blood, breath, or urine units |
18 |
| in
Section 11-501.2, and if the person's 3 prior violations of |
19 |
| subsection (a) or a
similar provision occurred while |
20 |
| transporting a person under the age of 16 or
while the alcohol |
21 |
| concentration in his or her blood, breath, or urine was 0.16
or |
22 |
| more based on the definition of blood, breath, or urine units |
23 |
| in Section
11-501.2, is guilty of a Class 2 felony and is not |
24 |
| eligible for a sentence of
probation or conditional discharge |
25 |
| and is subject to a minimum fine of
$2,500.
|
26 |
| (d) (1) Every person convicted of committing a violation of |
|
|
|
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| this Section
shall be guilty of aggravated driving under |
2 |
| the influence of alcohol,
other drug or drugs, or |
3 |
| intoxicating compound or compounds, or any combination
|
4 |
| thereof if:
|
5 |
| (A) the person committed a violation of subsection |
6 |
| (a) or a similar
provision for the
third or subsequent |
7 |
| time;
|
8 |
| (B) the person committed a violation of subsection |
9 |
| (a)
while
driving a school bus with persons 18 years of |
10 |
| age or younger
on board;
|
11 |
| (C) the person in committing a violation of |
12 |
| subsection
(a) was
involved in a motor vehicle accident |
13 |
| that resulted in great bodily harm or
permanent |
14 |
| disability or disfigurement to another, when the |
15 |
| violation was
a proximate cause of the injuries;
|
16 |
| (D) the person committed a violation of subsection |
17 |
| (a)
for a
second time and has been previously convicted |
18 |
| of violating Section 9-3 of the
Criminal Code of 1961 |
19 |
| or a similar provision of a law of another state |
20 |
| relating to reckless homicide in which the person was
|
21 |
| determined to have been under the influence of alcohol, |
22 |
| other drug or
drugs, or intoxicating compound or |
23 |
| compounds as an element of the offense or
the person |
24 |
| has previously been convicted
under subparagraph (C) |
25 |
| or subparagraph (F) of this paragraph (1);
|
26 |
| (E) the person, in committing a violation of |
|
|
|
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| subsection (a) while
driving at any speed in a school |
2 |
| speed zone at a time when a speed limit of
20 miles per |
3 |
| hour was in effect under subsection (a) of Section |
4 |
| 11-605 of
this Code, was involved in a motor vehicle |
5 |
| accident that resulted in bodily
harm, other than great |
6 |
| bodily harm or permanent disability or disfigurement,
|
7 |
| to another person, when the violation of subsection (a) |
8 |
| was a
proximate cause
of the bodily harm; or
|
9 |
| (F) the person, in committing a violation of |
10 |
| subsection (a), was
involved in a motor vehicle, |
11 |
| snowmobile, all-terrain vehicle, or watercraft
|
12 |
| accident that resulted in
the death of another person, |
13 |
| when the violation of subsection
(a) was
a proximate |
14 |
| cause of the death.
|
15 |
| (2) Except as provided in this paragraph (2), a person |
16 |
| convicted of
aggravated driving under
the
influence of |
17 |
| alcohol, other drug or
drugs,
or intoxicating compound or |
18 |
| compounds, or any
combination thereof is guilty of a Class |
19 |
| 4 felony. For a violation of
subparagraph (C)
of
paragraph |
20 |
| (1) of this subsection (d), the defendant, if sentenced to |
21 |
| a term
of imprisonment, shall be sentenced
to not less than
|
22 |
| one year nor more than 12 years.
Aggravated driving under |
23 |
| the influence of alcohol, other drug or drugs,
or |
24 |
| intoxicating compound or compounds, or any combination |
25 |
| thereof as
defined in subparagraph (F) of paragraph (1) of |
26 |
| this subsection (d) is
a Class 2 felony, for which the |
|
|
|
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| defendant, unless the court determines that extraordinary |
2 |
| circumstances exist and require probation, shall be |
3 |
| sentenced to: (A) a
term of imprisonment of not less than 3 |
4 |
| years and not more
than 14 years if the violation resulted |
5 |
| in the death of one person; or
(B) a term of imprisonment |
6 |
| of not less than 6 years and not
more than 28 years if the |
7 |
| violation resulted in the deaths of 2 or more
persons.
For |
8 |
| any prosecution under this subsection
(d), a certified copy |
9 |
| of the
driving abstract of the defendant shall be admitted |
10 |
| as proof of any prior
conviction.
Any person sentenced |
11 |
| under this subsection (d) who receives a term of
probation
|
12 |
| or conditional discharge must serve a minimum term of |
13 |
| either 480 hours of
community service or 10 days of |
14 |
| imprisonment as a condition of the probation or
conditional |
15 |
| discharge. This mandatory minimum term of imprisonment or
|
16 |
| assignment of community service may not be suspended or |
17 |
| reduced by the court.
|
18 |
| (e) After a finding of guilt and prior to any final |
19 |
| sentencing, or an
order for supervision, for an offense based |
20 |
| upon an arrest for a
violation of this Section or a similar |
21 |
| provision of a local ordinance,
individuals shall be required |
22 |
| to undergo a professional evaluation to
determine if an |
23 |
| alcohol, drug, or intoxicating compound abuse problem exists
|
24 |
| and the
extent of the problem, and undergo the imposition of |
25 |
| treatment as appropriate.
Programs conducting these |
26 |
| evaluations shall be
licensed by the Department of Human |
|
|
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| Services. The cost of any professional
evaluation shall be paid |
2 |
| for by the
individual
required to undergo the professional |
3 |
| evaluation.
|
4 |
| (e-1) Any person who is found guilty of or pleads guilty to |
5 |
| violating this
Section, including any person receiving a |
6 |
| disposition of court supervision for
violating this Section, |
7 |
| may be required by the Court to attend a victim
impact panel |
8 |
| offered by, or under contract with, a County State's Attorney's
|
9 |
| office, a probation and court services department, Mothers |
10 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated |
11 |
| Motorists.
All costs generated by
the victim impact panel shall |
12 |
| be paid from fees collected from the
offender or as may be |
13 |
| determined by the court.
|
14 |
| (f) Every person found guilty of violating this Section, |
15 |
| whose
operation of a motor vehicle while in violation of this |
16 |
| Section proximately
caused any incident resulting in an |
17 |
| appropriate emergency response, shall
be liable for the expense |
18 |
| of an emergency response as provided under
Section 5-5-3 of the |
19 |
| Unified Code of Corrections.
|
20 |
| (g) The Secretary of State shall revoke the driving |
21 |
| privileges of any
person convicted under this Section or a |
22 |
| similar provision of a local
ordinance.
|
23 |
| (h) (Blank).
|
24 |
| (i) The Secretary of State shall require the installation |
25 |
| and continuous use of ignition interlock
devices on all |
26 |
| vehicles owned by an individual who has been convicted of a
|
|
|
|
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|
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| first, second, or third violation
second
or subsequent offense
|
2 |
| of subdivision (a)(1), (a)(2), or (a)(5) of this Section or a |
3 |
| similar provision of a local
ordinance. The Secretary shall |
4 |
| establish by rule and regulation the procedures
for |
5 |
| certification and use of the ignition interlock system.
|
6 |
| The ignition interlock device installed in the vehicle of a |
7 |
| person convicted of a first, second, or third violation of |
8 |
| subdivision (a)(1), (a)(2), or (a)(5) of this Section shall |
9 |
| remain installed until the individual's driver's license has |
10 |
| been reinstated. Individuals with a fourth or subsequent |
11 |
| conviction of violating subdivision (a)(1), (a)(2), or (a)(3) |
12 |
| of this Section must install and maintain ignition interlock |
13 |
| devices on all vehicles they own and must keep the devices on |
14 |
| those vehicles indefinitely. Individuals who have been |
15 |
| convicted of violating subdivision (a)(1), (a)(2), or (a)(5) of |
16 |
| this Section or a similar provision of a local ordinance but do |
17 |
| not own a vehicle must either: use a transdermal alcohol |
18 |
| monitoring device until the individual's driver's license has |
19 |
| been reinstated or install an ignition interlock device in a |
20 |
| vehicle not owned by the individual until the individual's |
21 |
| driver's license has been reinstated. Upon installation, the |
22 |
| individual shall pay to the Secretary of State DUI |
23 |
| Administration Fund an annual fee of $120 and shall continue to |
24 |
| pay this fee annually until the individual's driver's license |
25 |
| has been reinstated. The Secretary
of State shall adopt rules |
26 |
| for the collection of this fee and for its payment in monthly |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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|
1 |
| increments for necessary periods of less than one year.
|
2 |
| (i-1) Individuals convicted of violating subsection (i) |
3 |
| shall be guilty of a Class 4 felony, shall not be eligible for |
4 |
| a sentence of probation or conditional discharge, and shall, in |
5 |
| addition to any other penalty imposed, be subject to a |
6 |
| mandatory minimum fine of $2,500. This fine shall not be |
7 |
| suspended or reduced by the court.
|
8 |
| (i-2) Individuals convicted of violating subsection (i) a |
9 |
| second or subsequent time shall be guilty of a Class 4 felony, |
10 |
| shall not be eligible for a sentence of probation or |
11 |
| conditional discharge, and shall, in addition to any other |
12 |
| penalty imposed, be subject to imprisonment of no less than 18 |
13 |
| months. This term of imprisonment shall not be suspended or |
14 |
| reduced by the court.
|
15 |
| (j) In addition to any other penalties and liabilities, a |
16 |
| person who is
found guilty of or pleads guilty to violating |
17 |
| subsection (a), including any
person placed on court |
18 |
| supervision for violating subsection (a), shall be fined
$500, |
19 |
| payable to the
circuit clerk, who shall distribute the money as |
20 |
| follows: 20% to the law enforcement agency
that made the arrest |
21 |
| and 80% shall be forwarded to the State Treasurer for deposit |
22 |
| into the General Revenue Fund. If the person has been |
23 |
| previously convicted of violating
subsection (a) or a similar |
24 |
| provision of a local
ordinance, the fine shall be
$1,000. In |
25 |
| the event that more than one agency is responsible
for the |
26 |
| arrest, the amount payable to law enforcement agencies shall be |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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|
1 |
| shared equally. Any moneys received
by a law
enforcement agency |
2 |
| under this subsection (j) shall be used for enforcement and |
3 |
| prevention of driving while under the influence of alcohol, |
4 |
| other drug or drugs, intoxicating compound or compounds or any |
5 |
| combination thereof, as defined by this Section, including but |
6 |
| not limited to the purchase of law
enforcement equipment and |
7 |
| commodities that will assist in the prevention of alcohol |
8 |
| related
criminal violence throughout the State; police officer |
9 |
| training and education in areas related to alcohol related |
10 |
| crime, including but not limited to DUI training; and police |
11 |
| officer salaries, including but not limited to salaries for |
12 |
| hire back funding for safety checkpoints, saturation patrols, |
13 |
| and liquor store sting operations. Equipment and commodities |
14 |
| shall include, but are not limited
to, in-car video cameras, |
15 |
| radar and laser speed detection devices, and alcohol
breath |
16 |
| testers.
Any moneys received by the Department of State Police |
17 |
| under this subsection
(j) shall be deposited into the State |
18 |
| Police DUI Fund and shall be used for enforcement and |
19 |
| prevention of driving while under the influence of alcohol, |
20 |
| other drug or drugs, intoxicating compound or compounds or any |
21 |
| combination thereof, as defined by this Section, including but |
22 |
| not limited to the
purchase of law enforcement equipment and |
23 |
| commodities that will assist in the prevention of
alcohol |
24 |
| related criminal violence throughout the State; police officer |
25 |
| training and education in areas related to alcohol related |
26 |
| crime, including but not limited to DUI training; and police |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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|
1 |
| officer salaries, including but not limited to salaries for |
2 |
| hire back funding for safety checkpoints, saturation patrols, |
3 |
| and liquor store sting operations.
|
4 |
| (k) The Secretary of State Police DUI Fund is created as a |
5 |
| special
fund in the State treasury. All moneys received by the |
6 |
| Secretary of State
Police under subsection (j) of this Section |
7 |
| shall be deposited into the
Secretary of State Police DUI Fund |
8 |
| and, subject to appropriation, shall be
used for enforcement |
9 |
| and prevention of driving while under the influence of alcohol, |
10 |
| other drug or drugs, intoxicating compound or compounds or any |
11 |
| combination thereof, as defined by this Section, including but |
12 |
| not limited to the purchase of law enforcement equipment and |
13 |
| commodities to assist in the prevention of
alcohol related |
14 |
| criminal violence throughout the State; police officer |
15 |
| training and education in areas related to alcohol related |
16 |
| crime, including but not limited to DUI training; and police |
17 |
| officer salaries, including but not limited to salaries for |
18 |
| hire back funding for safety checkpoints, saturation patrols, |
19 |
| and liquor store sting operations.
|
20 |
| (l) Whenever an individual is sentenced for an offense |
21 |
| based upon an
arrest for a violation of subsection (a) or a |
22 |
| similar provision of a local
ordinance, and the professional |
23 |
| evaluation recommends remedial or
rehabilitative treatment or |
24 |
| education, neither the treatment nor the education
shall be the |
25 |
| sole disposition and either or both may be imposed only in
|
26 |
| conjunction with another disposition. The court shall monitor |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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|
1 |
| compliance with
any remedial education or treatment |
2 |
| recommendations contained in the
professional evaluation. |
3 |
| Programs conducting alcohol or other drug evaluation
or |
4 |
| remedial education must be licensed by the Department of Human |
5 |
| Services. If
the individual is not a resident of Illinois, |
6 |
| however, the court may accept an
alcohol or other drug |
7 |
| evaluation or remedial education program in the
individual's |
8 |
| state of residence. Programs providing treatment must be |
9 |
| licensed
under existing applicable alcoholism and drug |
10 |
| treatment licensure standards.
|
11 |
| (m) In addition to any other fine or penalty required by |
12 |
| law, an individual
convicted of a violation of subsection (a), |
13 |
| Section 5-7 of the Snowmobile
Registration and Safety Act, |
14 |
| Section 5-16 of the Boat Registration and Safety
Act, or a |
15 |
| similar provision, whose operation of a motor vehicle, |
16 |
| snowmobile, or
watercraft while in
violation of subsection (a), |
17 |
| Section 5-7 of the Snowmobile Registration and
Safety Act, |
18 |
| Section 5-16 of the Boat Registration and Safety Act, or a |
19 |
| similar
provision proximately caused an incident resulting in |
20 |
| an appropriate emergency
response, shall be required to make |
21 |
| restitution to a public agency for the
costs of that emergency |
22 |
| response. The restitution may not exceed $1,000 per
public |
23 |
| agency for each emergency response. As used in this subsection |
24 |
| (m),
"emergency response" means any incident requiring a |
25 |
| response by a police
officer, a firefighter carried on the |
26 |
| rolls of a regularly constituted fire
department, or an |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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|
1 |
| ambulance.
|
2 |
| (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; |
3 |
| 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; |
4 |
| 93-840, eff. 7-30-04; 94-113, eff. 1-1-06; 94-609, eff. 1-1-06; |
5 |
| 94-963, eff. 6-28-06.)
|
6 |
| (Text of Section from P.A. 94-114 and 94-963) |
7 |
| Sec. 11-501. Driving while under the influence of alcohol, |
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| other drug or
drugs, intoxicating compound or compounds or any |
9 |
| combination thereof.
|
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| (a) A person shall not drive or be in actual
physical |
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| control of any vehicle within this State while:
|
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| (1) the alcohol concentration in the person's blood or |
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| breath is 0.08
or more based on the definition of blood and |
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| 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 |
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| combination of
intoxicating compounds to a degree that |
18 |
| renders the person incapable of
driving safely;
|
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| (4) under the influence of any other drug or |
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| combination of drugs to a
degree that renders the person |
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| incapable of safely driving;
|
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| (5) under the combined influence of alcohol, other drug |
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| or drugs, or
intoxicating compound or compounds to a degree |
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| that renders the person
incapable of safely driving; or
|
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| (6) there is any amount of a drug, substance, or |
|
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| compound in the
person's breath, blood, or urine resulting |
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| from the unlawful use or consumption
of cannabis listed in |
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| the Cannabis Control Act, a controlled substance listed
in |
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| the Illinois Controlled Substances Act, or an intoxicating |
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| compound listed
in the Use of Intoxicating Compounds Act.
|
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| (b) The fact that any person charged with violating this |
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| 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 |
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| 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 |
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| (a) or a similar
provision includes any violation of a |
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| provision of a local ordinance or a
provision of a law of |
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| another state that is similar to a violation of
subsection |
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| (a) of this Section.
|
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| (2) Any penalty imposed for driving with a license that |
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| has been revoked
for a previous violation of subsection (a) |
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| of this Section shall be in
addition to the penalty imposed |
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| for any subsequent violation of subsection (a).
|
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| (b-2) Except as otherwise provided in this Section, any |
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| person convicted of
violating subsection (a) of this Section is |
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| guilty of a Class A misdemeanor.
|
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| (b-3) In addition to any other criminal or administrative |
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| sanction for any
second conviction of violating subsection (a) |
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| or a similar provision committed
within 5 years of a previous |
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| violation of subsection (a) or a similar
provision, the |
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| defendant shall be sentenced to a mandatory minimum of 5 days |
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| of
imprisonment or assigned a mandatory minimum of 240 hours of |
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| community service
as may be determined by the court.
|
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| (b-4) In the case of a third or subsequent violation |
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| committed within 5
years of a previous violation of subsection |
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| (a) or a similar provision, in
addition to any other criminal |
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| or administrative sanction, a mandatory minimum
term of either |
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| 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 |
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| under subsections
(b-3) and (b-4) shall not be subject to |
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| suspension, nor shall the person be
eligible for a reduced |
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| sentence.
|
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| (c) (Blank).
|
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| (c-1) (1) A person who violates subsection (a)
during
a |
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| period in which his
or her driving privileges are revoked |
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| or suspended, where the revocation or
suspension was for a |
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| violation of subsection (a), Section
11-501.1, paragraph |
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| (b)
of Section 11-401, or for reckless homicide as defined |
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| 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, |
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| if the third violation occurs during a period in
which his |
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| or her driving privileges are revoked or suspended where |
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| the
revocation
or suspension was for a violation of |
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| subsection (a),
Section 11-501.1, paragraph
(b) of Section |
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| 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 |
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| felony. |
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| (2.1) A person who violates subsection (a) a third |
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| time, if the third
violation occurs during a period in |
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| which his or her driving privileges are
revoked or |
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| suspended where the revocation or suspension was for a |
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| violation of
subsection (a), Section 11-501.1, subsection |
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| (b) of Section 11-401, or for
reckless homicide as defined |
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| in Section
9-3 of the Criminal Code of 1961, is guilty of a |
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| Class 3 felony; and if the
person receives a term of
|
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| probation or conditional discharge, he or she shall be |
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| required to serve a
mandatory
minimum of 10 days of |
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| imprisonment or shall be assigned a mandatory minimum of
|
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| 480 hours of community service, as may be determined by the |
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| court, as a
condition of the probation or conditional |
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| discharge. This mandatory minimum
term of imprisonment or |
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| assignment of community service shall not be suspended
or |
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| 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 |
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| driving privileges are
revoked or suspended where the |
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| revocation or suspension was for a violation of
subsection |
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| (a) or Section 11-501.1, shall also be sentenced to an |
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| additional
mandatory minimum term of 30 consecutive days of |
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| imprisonment, 40 days of
24-hour periodic imprisonment, or |
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| 720 hours of community service, as may be
determined by the |
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| court. This mandatory term of imprisonment or assignment of
|
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| community service shall not be suspended or reduced by the |
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| court.
|
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| (3) A person who violates subsection (a) a fourth or
|
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| fifth time, if the fourth or fifth
violation occurs
during |
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| 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 |
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| violation of subsection (a),
Section 11-501.1, paragraph
|
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| (b) of Section 11-401, or for reckless homicide as defined |
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| in
Section 9-3
of
the Criminal Code of 1961, is guilty of
a |
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| Class 2 felony and is not eligible for a sentence of |
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| 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 |
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| was transporting
a person under the age of 16 at the time of |
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| the violation, is subject to an
additional mandatory minimum |
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| fine of $1,000, an additional mandatory minimum
140 hours of |
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| community service, which shall include 40 hours of community
|
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| service in a program benefiting children, and an additional 2 |
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| days of
imprisonment. The imprisonment or assignment of |
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| community service under this
subsection (c-5) is not subject to |
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| 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 |
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| person who
violates
subsection (a) a second time, if at the |
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| time of
the second violation the person was transporting a |
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| person under the age of 16,
is subject to an additional 10 days |
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| of imprisonment, an additional mandatory
minimum fine of |
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| $1,000, and an additional mandatory minimum 140 hours of
|
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| community service, which shall include 40 hours of community |
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| service in a
program benefiting children.
The imprisonment or |
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| assignment of community service under this subsection (c-6)
is |
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| not subject to suspension, nor is the person eligible for a |
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| reduced
sentence.
|
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| (c-7) Except as provided in subsection (c-8), any person |
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| convicted of
violating subsection (c-6) or a similar
provision |
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| 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 |
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| penalty imposed, a
mandatory minimum 12 days imprisonment, an |
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| additional 40 hours of mandatory
community service in a program |
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| benefiting children, and a mandatory minimum
fine of $1,750. |
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| The imprisonment or assignment of community service under this
|
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| subsection (c-7) is not subject to suspension, nor is the |
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| person
eligible for a reduced sentence.
|
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| (c-8) Any person convicted of violating subsection (c-6) or |
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| a similar
provision within 5 years of a previous violation of |
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| subsection (a) or a similar
provision shall receive, in |
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| addition to any other penalty imposed, an
additional 80 hours |
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| of mandatory community service in a program benefiting
|
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| children, an additional mandatory minimum 12 days of |
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| imprisonment, and a
mandatory minimum fine of $1,750. The |
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| imprisonment or assignment of community
service under this |
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| 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 |
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| subsection (a) or a
similar provision, if at the time of the |
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| third violation the person was
transporting a person under the |
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| age of 16, is guilty of a Class 4 felony and shall
receive, in |
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| addition to any other
penalty imposed, an additional mandatory |
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| fine of $1,000, an additional
mandatory 140 hours of community |
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| service, which shall include 40 hours in a
program benefiting |
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| children, and a mandatory minimum 30 days of imprisonment.
The |
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| imprisonment or assignment of community service under this |
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| subsection (c-9)
is not subject to suspension, nor is the |
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| person eligible for a reduced
sentence.
|
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| (c-10) Any person convicted of violating subsection (c-9) |
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| or a similar
provision a third time within 20 years of a |
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| previous violation of subsection
(a) or a
similar provision is |
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| guilty of a Class 4 felony and shall receive, in addition
to |
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| any other penalty imposed, an additional mandatory 40 hours of |
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| community
service in a program benefiting children, an |
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| additional mandatory fine of
$3,000, and a mandatory minimum |
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| 120 days of imprisonment. The imprisonment or
assignment of |
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| community service under this subsection (c-10) is not subject |
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| to
suspension, nor is the person eligible for a reduced |
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| sentence.
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| (c-11) Any person convicted a fourth or fifth
time for |
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| violating
subsection (a) or a similar provision, if at the time |
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| of the fourth or
fifth violation the person was transporting a |
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| person under the age of 16,
and if the person's 3 prior |
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| violations of subsection (a) or a similar provision
occurred |
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| while transporting a person under the age of 16 or while the |
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| alcohol
concentration in his or her blood, breath, or urine was |
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| 0.16 or more based
on the definition of blood, breath, or urine |
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| units in Section 11-501.2, is
guilty of a Class 2 felony, is |
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| not eligible for probation or conditional
discharge, and is |
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| subject to a minimum fine of $3,000.
|
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| (c-12) Any person convicted of a first violation of |
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| subsection (a) or a
similar provision, if the alcohol |
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| concentration in his or her blood, breath, or
urine was 0.16 or |
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| more based on the definition of blood, breath, or urine
units |
17 |
| in Section 11-501.2, shall be subject, in addition to any other |
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| penalty
that may be imposed, to a mandatory minimum of 100 |
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| hours of community service
and a mandatory minimum fine of |
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| $500.
|
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| (c-13) Any person convicted of a second violation of |
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| subsection (a) or a similar provision committed within 10 years |
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| of a previous violation of subsection (a) or a similar |
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| provision committed within 10 years of a previous violation of |
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| subsection (a) or a similar provision, if at the time of the |
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| second violation of subsection (a) the
alcohol concentration in |
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| his or her blood, breath, or urine was 0.16 or more
based on |
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| the definition of blood, breath, or urine units in Section |
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| 11-501.2,
shall be
subject, in addition to any other penalty |
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| that may be imposed, to a mandatory
minimum of 2 days of |
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| imprisonment and a mandatory minimum fine of $1,250.
|
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| (c-14) Any person convicted of a third violation of |
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| subsection (a) or a
similar provision within 20 years of a |
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| previous violation of subsection (a) or
a
similar provision, if |
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| 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 |
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| blood, breath, or
urine was 0.16 or more based on the |
12 |
| definition of blood, breath, or urine units
in Section |
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| 11-501.2, is guilty of a Class 4 felony and shall be subject, |
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| in
addition to any other penalty that may be imposed, to a |
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| mandatory minimum of
90 days of imprisonment and a mandatory |
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| minimum fine of $2,500.
|
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| (c-15) Any person convicted of a fourth or fifth
violation |
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| of
subsection
(a) or a similar provision, if at the time of the |
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| fourth or fifth
violation the alcohol concentration in his or |
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| her blood, breath, or urine was
0.16 or more based on the |
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| definition of blood, breath, or urine units in
Section |
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| 11-501.2, and if the person's 3 prior violations of subsection |
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| (a) or a
similar provision occurred while transporting a person |
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| under the age of 16 or
while the alcohol concentration in his |
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| or her blood, breath, or urine was 0.16
or more based on the |
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| definition of blood, breath, or urine units in Section
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| 11-501.2, is guilty of a Class 2 felony and is not eligible for |
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| a sentence of
probation or conditional discharge and is subject |
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| to a minimum fine of
$2,500.
|
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| (c-16) Any person convicted of a sixth or subsequent |
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| violation of subsection (a) is guilty of a Class X felony.
|
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| (d) (1) Every person convicted of committing a violation of |
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| this Section
shall be guilty of aggravated driving under |
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| the influence of alcohol,
other drug or drugs, or |
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| 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 |
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| (a) or a similar
provision for the
third or subsequent |
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| time;
|
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| (B) the person committed a violation of subsection |
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| (a)
while
driving a school bus with persons 18 years of |
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| 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 |
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| that resulted in great bodily harm or
permanent |
20 |
| disability or disfigurement to another, when the |
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| violation was
a proximate cause of the injuries;
|
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| (D) the person committed a violation of subsection |
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| (a)
for a
second time and has been previously convicted |
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| of violating Section 9-3 of the
Criminal Code of 1961 |
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| or a similar provision of a law of another state |
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| relating to reckless homicide in which the person was
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| determined to have been under the influence of alcohol, |
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| other drug or
drugs, or intoxicating compound or |
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| compounds as an element of the offense or
the person |
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| has previously been convicted
under subparagraph (C) |
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| or subparagraph (F) of this paragraph (1);
|
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| (E) the person, in committing a violation of |
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| subsection (a) while
driving at any speed in a school |
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| speed zone at a time when a speed limit of
20 miles per |
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| hour was in effect under subsection (a) of Section |
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| 11-605 of
this Code, was involved in a motor vehicle |
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| accident that resulted in bodily
harm, other than great |
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| bodily harm or permanent disability or disfigurement,
|
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| to another person, when the violation of subsection (a) |
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| was a
proximate cause
of the bodily harm; or
|
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| (F) the person, in committing a violation of |
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| subsection (a), was
involved in a motor vehicle, |
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| snowmobile, all-terrain vehicle, or watercraft
|
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| accident that resulted in
the death of another person, |
19 |
| when the violation of subsection
(a) was
a proximate |
20 |
| cause of the death.
|
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| (2) Except as provided in this paragraph (2), a person |
22 |
| convicted of
aggravated driving under
the
influence of |
23 |
| alcohol, other drug or
drugs,
or intoxicating compound or |
24 |
| compounds, or any
combination thereof is guilty of a Class |
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| 4 felony. For a violation of
subparagraph (C)
of
paragraph |
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| (1) of this subsection (d), the defendant, if sentenced to |
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| 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 |
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| the influence of alcohol, other drug or drugs,
or |
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| intoxicating compound or compounds, or any combination |
5 |
| thereof as
defined in subparagraph (F) of paragraph (1) of |
6 |
| this subsection (d) is
a Class 2 felony, for which the |
7 |
| defendant, if sentenced to a term of
imprisonment, shall be |
8 |
| sentenced to: (A) a
term of imprisonment of not less than 3 |
9 |
| years and not more
than 14 years if the violation resulted |
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| in the death of one person; or
(B) a term of imprisonment |
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| of not less than 6 years and not
more than 28 years if the |
12 |
| violation resulted in the deaths of 2 or more
persons.
For |
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| any prosecution under this subsection
(d), a certified copy |
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| of the
driving abstract of the defendant shall be admitted |
15 |
| as proof of any prior
conviction.
Any person sentenced |
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| under this subsection (d) who receives a term of
probation
|
17 |
| or conditional discharge must serve a minimum term of |
18 |
| either 480 hours of
community service or 10 days of |
19 |
| imprisonment as a condition of the probation or
conditional |
20 |
| discharge. This mandatory minimum term of imprisonment or
|
21 |
| assignment of community service may not be suspended or |
22 |
| reduced by the court.
|
23 |
| (e) After a finding of guilt and prior to any final |
24 |
| sentencing, or an
order for supervision, for an offense based |
25 |
| upon an arrest for a
violation of this Section or a similar |
26 |
| provision of a local ordinance,
individuals shall be required |
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| to undergo a professional evaluation to
determine if an |
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| alcohol, drug, or intoxicating compound abuse problem exists
|
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| and the
extent of the problem, and undergo the imposition of |
4 |
| treatment as appropriate.
Programs conducting these |
5 |
| evaluations shall be
licensed by the Department of Human |
6 |
| Services. The cost of any professional
evaluation shall be paid |
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| for by the
individual
required to undergo the professional |
8 |
| evaluation.
|
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| (e-1) Any person who is found guilty of or pleads guilty to |
10 |
| violating this
Section, including any person receiving a |
11 |
| disposition of court supervision for
violating this Section, |
12 |
| may be required by the Court to attend a victim
impact panel |
13 |
| offered by, or under contract with, a County State's Attorney's
|
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| office, a probation and court services department, Mothers |
15 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated |
16 |
| Motorists.
All costs generated by
the victim impact panel shall |
17 |
| be paid from fees collected from the
offender or as may be |
18 |
| determined by the court.
|
19 |
| (f) Every person found guilty of violating this Section, |
20 |
| whose
operation of a motor vehicle while in violation of this |
21 |
| Section proximately
caused any incident resulting in an |
22 |
| appropriate emergency response, shall
be liable for the expense |
23 |
| of an emergency response as provided under
Section 5-5-3 of the |
24 |
| Unified Code of Corrections.
|
25 |
| (g) The Secretary of State shall revoke the driving |
26 |
| privileges of any
person convicted under this Section or a |
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| similar provision of a local
ordinance.
|
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| (h) (Blank).
|
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| (i) The Secretary of State shall require the installation |
4 |
| and continuous use of ignition interlock
devices on all |
5 |
| vehicles owned by an individual who has been convicted of a
|
6 |
| first, second, or third violation
second
or subsequent offense
|
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| of subdivisions (a)(1), (a)(2), or (a)(5) of this Section or a |
8 |
| similar provision of a local
ordinance. The Secretary shall |
9 |
| establish by rule and regulation the procedures
for |
10 |
| certification and use of the ignition interlock system.
|
11 |
| The ignition interlock device installed in the vehicle of a |
12 |
| person convicted of a first, second, or third violation of |
13 |
| subdivision (a)(1), (a)(2), or (a)(5) of this Section shall |
14 |
| remain installed until the individual's driver's license has |
15 |
| been reinstated. Individuals with a fourth or subsequent |
16 |
| conviction of violating subdivision (a)(1), (a)(2), or (a)(3) |
17 |
| of this Section must install and maintain ignition interlock |
18 |
| devices on all vehicles they own and must keep the devices on |
19 |
| those vehicles indefinitely. Individuals who have been |
20 |
| convicted of violating subdivision (a)(1), (a)(2), or (a)(5) of |
21 |
| this Section or a similar provision of a local ordinance but do |
22 |
| not own a vehicle must either: use a transdermal alcohol |
23 |
| monitoring device until the individual's driver's license has |
24 |
| been reinstated or install an ignition interlock device in a |
25 |
| vehicle not owned by the individual until the individual's |
26 |
| driver's license has been reinstated. Upon installation, the |
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| individual shall pay to the Secretary of State DUI |
2 |
| Administration Fund an annual fee of $120 and shall continue to |
3 |
| pay this fee annually until the individual's driver's license |
4 |
| has been reinstated. The Secretary
of State shall adopt rules |
5 |
| for the collection of this fee and for its payment in monthly |
6 |
| increments for necessary periods of less than one year.
|
7 |
| (i-1) Individuals convicted of violating subsection (i) |
8 |
| shall be guilty of a Class 4 felony, shall not be eligible for |
9 |
| a sentence of probation or conditional discharge, and shall, in |
10 |
| addition to any other penalty imposed, be subject to a |
11 |
| mandatory minimum fine of $2,500. This fine shall not be |
12 |
| suspended or reduced by the court.
|
13 |
| (i-2) Individuals convicted of violating subsection (i) a |
14 |
| second or subsequent time shall be guilty of a Class 4 felony, |
15 |
| shall not be eligible for a sentence of probation or |
16 |
| conditional discharge, and shall, in addition to any other |
17 |
| penalty imposed, be subject to imprisonment of no less than 18 |
18 |
| months. This term of imprisonment shall not be suspended or |
19 |
| reduced by the court.
|
20 |
| (j) In addition to any other penalties and liabilities, a |
21 |
| person who is
found guilty of or pleads guilty to violating |
22 |
| subsection (a), including any
person placed on court |
23 |
| supervision for violating subsection (a), shall be fined
$500, |
24 |
| payable to the
circuit clerk, who shall distribute the money as |
25 |
| follows: 20% to the law enforcement agency
that made the arrest |
26 |
| and 80% shall be forwarded to the State Treasurer for deposit |
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| into the General Revenue Fund. If the person has been |
2 |
| previously convicted of violating
subsection (a) or a similar |
3 |
| provision of a local
ordinance, the fine shall be
$1,000. In |
4 |
| the event that more than one agency is responsible
for the |
5 |
| arrest, the amount payable to law enforcement agencies shall be |
6 |
| shared equally. Any moneys received
by a law
enforcement agency |
7 |
| under this subsection (j) shall be used for enforcement and |
8 |
| prevention of driving while under the influence of alcohol, |
9 |
| other drug or drugs, intoxicating compound or compounds or any |
10 |
| combination thereof, as defined by this Section, including but |
11 |
| not limited to the purchase of law
enforcement equipment and |
12 |
| commodities that will assist in the prevention of alcohol |
13 |
| related
criminal violence throughout the State; police officer |
14 |
| training and education in areas related to alcohol related |
15 |
| crime, including but not limited to DUI training; and police |
16 |
| officer salaries, including but not limited to salaries for |
17 |
| hire back funding for safety checkpoints, saturation patrols, |
18 |
| and liquor store sting operations. Equipment and commodities |
19 |
| shall include, but are not limited
to, in-car video cameras, |
20 |
| radar and laser speed detection devices, and alcohol
breath |
21 |
| testers.
Any moneys received by the Department of State Police |
22 |
| under this subsection
(j) shall be deposited into the State |
23 |
| Police DUI Fund and shall be used for enforcement and |
24 |
| prevention of driving while under the influence of alcohol, |
25 |
| other drug or drugs, intoxicating compound or compounds or any |
26 |
| combination thereof, as defined by this Section, including but |
|
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HB3422 |
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| not limited to the
purchase of law enforcement equipment and |
2 |
| commodities that will assist in the prevention of
alcohol |
3 |
| related criminal violence throughout the State; police officer |
4 |
| training and education in areas related to alcohol related |
5 |
| crime, including but not limited to DUI training; and police |
6 |
| officer salaries, including but not limited to salaries for |
7 |
| hire back funding for safety checkpoints, saturation patrols, |
8 |
| and liquor store sting operations.
|
9 |
| (k) The Secretary of State Police DUI Fund is created as a |
10 |
| special
fund in the State treasury. All moneys received by the |
11 |
| Secretary of State
Police under subsection (j) of this Section |
12 |
| shall be deposited into the
Secretary of State Police DUI Fund |
13 |
| and, subject to appropriation, shall be
used for enforcement |
14 |
| and prevention of driving while under the influence of alcohol, |
15 |
| other drug or drugs, intoxicating compound or compounds or any |
16 |
| combination thereof, as defined by this Section, including but |
17 |
| not limited to the purchase of law enforcement equipment and |
18 |
| commodities to assist in the prevention of
alcohol related |
19 |
| criminal violence throughout the State; police officer |
20 |
| training and education in areas related to alcohol related |
21 |
| crime, including but not limited to DUI training; and police |
22 |
| officer salaries, including but not limited to salaries for |
23 |
| hire back funding for safety checkpoints, saturation patrols, |
24 |
| and liquor store sting operations.
|
25 |
| (l) Whenever an individual is sentenced for an offense |
26 |
| based upon an
arrest for a violation of subsection (a) or a |
|
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| similar provision of a local
ordinance, and the professional |
2 |
| evaluation recommends remedial or
rehabilitative treatment or |
3 |
| education, neither the treatment nor the education
shall be the |
4 |
| sole disposition and either or both may be imposed only in
|
5 |
| conjunction with another disposition. The court shall monitor |
6 |
| compliance with
any remedial education or treatment |
7 |
| recommendations contained in the
professional evaluation. |
8 |
| Programs conducting alcohol or other drug evaluation
or |
9 |
| remedial education must be licensed by the Department of Human |
10 |
| Services. If
the individual is not a resident of Illinois, |
11 |
| however, the court may accept an
alcohol or other drug |
12 |
| evaluation or remedial education program in the
individual's |
13 |
| state of residence. Programs providing treatment must be |
14 |
| licensed
under existing applicable alcoholism and drug |
15 |
| treatment licensure standards.
|
16 |
| (m) In addition to any other fine or penalty required by |
17 |
| law, an individual
convicted of a violation of subsection (a), |
18 |
| Section 5-7 of the Snowmobile
Registration and Safety Act, |
19 |
| Section 5-16 of the Boat Registration and Safety
Act, or a |
20 |
| similar provision, whose operation of a motor vehicle, |
21 |
| snowmobile, or
watercraft while in
violation of subsection (a), |
22 |
| Section 5-7 of the Snowmobile Registration and
Safety Act, |
23 |
| Section 5-16 of the Boat Registration and Safety Act, or a |
24 |
| similar
provision proximately caused an incident resulting in |
25 |
| an appropriate emergency
response, shall be required to make |
26 |
| restitution to a public agency for the
costs of that emergency |
|
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| response. The restitution may not exceed $1,000 per
public |
2 |
| agency for each emergency response. As used in this subsection |
3 |
| (m),
"emergency response" means any incident requiring a |
4 |
| response by a police
officer, a firefighter carried on the |
5 |
| rolls of a regularly constituted fire
department, or an |
6 |
| ambulance.
|
7 |
| (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; |
8 |
| 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; |
9 |
| 93-840, eff. 7-30-04; 94-114, eff. 1-1-06; 94-963, eff. |
10 |
| 6-28-06.)
|
11 |
| (Text of Section from P.A. 94-116 and 94-963) |
12 |
| Sec. 11-501. Driving while under the influence of alcohol, |
13 |
| other drug or
drugs, intoxicating compound or compounds or any |
14 |
| combination thereof.
|
15 |
| (a) A person shall not drive or be in actual
physical |
16 |
| control of any vehicle within this State while:
|
17 |
| (1) the alcohol concentration in the person's blood or |
18 |
| breath is 0.08
or more based on the definition of blood and |
19 |
| breath units in Section 11-501.2;
|
20 |
| (2) under the influence of alcohol;
|
21 |
| (3) under the influence of any intoxicating compound or |
22 |
| combination of
intoxicating compounds to a degree that |
23 |
| renders the person incapable of
driving safely;
|
24 |
| (4) under the influence of any other drug or |
25 |
| combination of drugs to a
degree that renders the person |
|
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| incapable of safely driving;
|
2 |
| (5) under the combined influence of alcohol, other drug |
3 |
| or drugs, or
intoxicating compound or compounds to a degree |
4 |
| that renders the person
incapable of safely driving; or
|
5 |
| (6) there is any amount of a drug, substance, or |
6 |
| compound in the
person's breath, blood, or urine resulting |
7 |
| from the unlawful use or consumption
of cannabis listed in |
8 |
| the Cannabis Control Act, a controlled substance listed
in |
9 |
| the Illinois Controlled Substances Act, or an intoxicating |
10 |
| compound listed
in the Use of Intoxicating Compounds Act.
|
11 |
| (b) The fact that any person charged with violating this |
12 |
| Section is or
has been legally entitled to use alcohol, other |
13 |
| drug or drugs, or
intoxicating compound or compounds, or any
|
14 |
| combination thereof, shall not constitute a defense against any |
15 |
| charge of
violating this Section.
|
16 |
| (b-1) With regard to penalties imposed under this Section:
|
17 |
| (1) Any reference to a prior violation of subsection |
18 |
| (a) or a similar
provision includes any violation of a |
19 |
| provision of a local ordinance or a
provision of a law of |
20 |
| another state that is similar to a violation of
subsection |
21 |
| (a) of this Section.
|
22 |
| (2) Any penalty imposed for driving with a license that |
23 |
| has been revoked
for a previous violation of subsection (a) |
24 |
| of this Section shall be in
addition to the penalty imposed |
25 |
| for any subsequent violation of subsection (a).
|
26 |
| (b-2) Except as otherwise provided in this Section, any |
|
|
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| person convicted of
violating subsection (a) of this Section is |
2 |
| guilty of a Class A misdemeanor.
|
3 |
| (b-3) In addition to any other criminal or administrative |
4 |
| sanction for any
second conviction of violating subsection (a) |
5 |
| or a similar provision committed
within 5 years of a previous |
6 |
| violation of subsection (a) or a similar
provision, the |
7 |
| defendant shall be sentenced to a mandatory minimum of 5 days |
8 |
| of
imprisonment or assigned a mandatory minimum of 240 hours of |
9 |
| community service
as may be determined by the court.
|
10 |
| (b-4) In the case of a third violation committed within 5
|
11 |
| years of a previous violation of subsection (a) or a similar |
12 |
| provision, the defendant is guilty of a Class 2 felony, and in
|
13 |
| addition to any other criminal or administrative sanction, a |
14 |
| mandatory minimum
term of either 10 days of imprisonment or 480 |
15 |
| hours of community service shall
be imposed.
|
16 |
| (b-5) The imprisonment or assignment of community service |
17 |
| under subsections
(b-3) and (b-4) shall not be subject to |
18 |
| suspension, nor shall the person be
eligible for a reduced |
19 |
| sentence.
|
20 |
| (c) (Blank).
|
21 |
| (c-1) (1) A person who violates subsection (a)
during
a |
22 |
| period in which his
or her driving privileges are revoked |
23 |
| or suspended, where the revocation or
suspension was for a |
24 |
| violation of subsection (a), Section
11-501.1, paragraph |
25 |
| (b)
of Section 11-401, or for reckless homicide as defined |
26 |
| in Section 9-3 of
the Criminal Code of 1961 is guilty of a
|
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| Class 4 felony.
|
2 |
| (2) A person who violates subsection (a) a third
time |
3 |
| is guilty of
a Class 2 felony. |
4 |
| (2.1) A person who violates subsection (a) a third |
5 |
| time, if the third
violation occurs during a period in |
6 |
| which his or her driving privileges are
revoked or |
7 |
| suspended where the revocation or suspension was for a |
8 |
| violation of
subsection (a), Section 11-501.1, subsection |
9 |
| (b) of Section 11-401, or for
reckless homicide as defined |
10 |
| in Section
9-3 of the Criminal Code of 1961, is guilty of a |
11 |
| Class 2 felony; and if the
person receives a term of
|
12 |
| probation or conditional discharge, he or she shall be |
13 |
| required to serve a
mandatory
minimum of 10 days of |
14 |
| imprisonment or shall be assigned a mandatory minimum of
|
15 |
| 480 hours of community service, as may be determined by the |
16 |
| court, as a
condition of the probation or conditional |
17 |
| discharge. This mandatory minimum
term of imprisonment or |
18 |
| assignment of community service shall not be suspended
or |
19 |
| reduced by the court.
|
20 |
| (2.2) A person who violates subsection (a), if the
|
21 |
| violation occurs during a period in which his or her |
22 |
| driving privileges are
revoked or suspended where the |
23 |
| revocation or suspension was for a violation of
subsection |
24 |
| (a) or Section 11-501.1, shall also be sentenced to an |
25 |
| additional
mandatory minimum term of 30 consecutive days of |
26 |
| imprisonment, 40 days of
24-hour periodic imprisonment, or |
|
|
|
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| 720 hours of community service, as may be
determined by the |
2 |
| court. This mandatory term of imprisonment or assignment of
|
3 |
| community service shall not be suspended or reduced by the |
4 |
| court.
|
5 |
| (3) A person who violates subsection (a) a fourth time |
6 |
| is guilty of
a Class 2 felony and is not eligible for a |
7 |
| sentence of probation or
conditional discharge.
|
8 |
| (4) A person who violates subsection (a) a fifth or |
9 |
| subsequent time is guilty of a Class 1 felony and is not |
10 |
| eligible for a sentence of probation or conditional |
11 |
| discharge.
|
12 |
| (c-2) (Blank).
|
13 |
| (c-3) (Blank).
|
14 |
| (c-4) (Blank).
|
15 |
| (c-5) A person who violates subsection (a), if the person |
16 |
| was transporting
a person under the age of 16 at the time of |
17 |
| the violation, is subject to an
additional mandatory minimum |
18 |
| fine of $1,000, an additional mandatory minimum
140 hours of |
19 |
| community service, which shall include 40 hours of community
|
20 |
| service in a program benefiting children, and an additional 2 |
21 |
| days of
imprisonment. The imprisonment or assignment of |
22 |
| community service under this
subsection (c-5) is not subject to |
23 |
| suspension, nor is the person eligible for
a reduced sentence.
|
24 |
| (c-6) Except as provided in subsections (c-7) and (c-8) a |
25 |
| person who
violates
subsection (a) a second time, if at the |
26 |
| time of
the second violation the person was transporting a |
|
|
|
HB3422 |
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| person under the age of 16,
is subject to an additional 10 days |
2 |
| of imprisonment, an additional mandatory
minimum fine of |
3 |
| $1,000, and an additional mandatory minimum 140 hours of
|
4 |
| community service, which shall include 40 hours of community |
5 |
| service in a
program benefiting children.
The imprisonment or |
6 |
| assignment of community service under this subsection (c-6)
is |
7 |
| not subject to suspension, nor is the person eligible for a |
8 |
| reduced
sentence.
|
9 |
| (c-7) Except as provided in subsection (c-8), any person |
10 |
| convicted of
violating subsection (c-6) or a similar
provision |
11 |
| within 10 years of a previous violation of subsection (a) or a
|
12 |
| similar provision shall receive, in addition to any other |
13 |
| penalty imposed, a
mandatory minimum 12 days imprisonment, an |
14 |
| additional 40 hours of mandatory
community service in a program |
15 |
| benefiting children, and a mandatory minimum
fine of $1,750. |
16 |
| The imprisonment or assignment of community service under this
|
17 |
| subsection (c-7) is not subject to suspension, nor is the |
18 |
| person
eligible for a reduced sentence.
|
19 |
| (c-8) Any person convicted of violating subsection (c-6) or |
20 |
| a similar
provision within 5 years of a previous violation of |
21 |
| subsection (a) or a similar
provision shall receive, in |
22 |
| addition to any other penalty imposed, an
additional 80 hours |
23 |
| of mandatory community service in a program benefiting
|
24 |
| children, an additional mandatory minimum 12 days of |
25 |
| imprisonment, and a
mandatory minimum fine of $1,750. The |
26 |
| imprisonment or assignment of community
service under this |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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| subsection (c-8) is not subject to suspension, nor
is the
|
2 |
| person eligible for a reduced sentence.
|
3 |
| (c-9) Any person convicted a third time for violating |
4 |
| subsection (a) or a
similar provision, if at the time of the |
5 |
| third violation the person was
transporting a person under the |
6 |
| age of 16, is guilty of a Class 2 felony and shall
receive, in |
7 |
| addition to any other
penalty imposed, an additional mandatory |
8 |
| fine of $1,000, an additional
mandatory 140 hours of community |
9 |
| service, which shall include 40 hours in a
program benefiting |
10 |
| children, and a mandatory minimum 30 days of imprisonment.
The |
11 |
| imprisonment or assignment of community service under this |
12 |
| subsection (c-9)
is not subject to suspension, nor is the |
13 |
| person eligible for a reduced
sentence.
|
14 |
| (c-10) Any person convicted of violating subsection (c-9) |
15 |
| or a similar
provision a third time within 20 years of a |
16 |
| previous violation of subsection
(a) or a
similar provision is |
17 |
| guilty of a Class 2 felony and shall receive, in addition
to |
18 |
| any other penalty imposed, an additional mandatory 40 hours of |
19 |
| community
service in a program benefiting children, an |
20 |
| additional mandatory fine of
$3,000, and a mandatory minimum |
21 |
| 120 days of imprisonment. The imprisonment or
assignment of |
22 |
| community service under this subsection (c-10) is not subject |
23 |
| to
suspension, nor is the person eligible for a reduced |
24 |
| sentence.
|
25 |
| (c-11) Any person convicted a fourth time for violating
|
26 |
| subsection (a) or a similar provision, if at the time of the |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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|
1 |
| fourth violation the person was transporting a person under the |
2 |
| age of 16,
and if the person's 3 prior violations of subsection |
3 |
| (a) or a similar provision
occurred while transporting a person |
4 |
| under the age of 16 or while the alcohol
concentration in his |
5 |
| or her blood, breath, or urine was 0.16 or more based
on the |
6 |
| definition of blood, breath, or urine units in Section |
7 |
| 11-501.2, is
guilty of a Class 2 felony, is not eligible for |
8 |
| probation or conditional
discharge, and is subject to a minimum |
9 |
| fine of $3,000.
|
10 |
| (c-12) Any person convicted of a first violation of |
11 |
| subsection (a) or a
similar provision, if the alcohol |
12 |
| concentration in his or her blood, breath, or
urine was 0.16 or |
13 |
| more based on the definition of blood, breath, or urine
units |
14 |
| in Section 11-501.2, shall be subject, in addition to any other |
15 |
| penalty
that may be imposed, to a mandatory minimum of 100 |
16 |
| hours of community service
and a mandatory minimum fine of |
17 |
| $500.
|
18 |
| (c-13) Any person convicted of a second violation of |
19 |
| subsection (a) or a similar provision committed within 10 years |
20 |
| of a previous violation of subsection (a) or a similar |
21 |
| provision committed within 10 years of a previous violation of |
22 |
| subsection (a) or a similar provision, if at the time of the |
23 |
| second violation of subsection (a) the
alcohol concentration in |
24 |
| his or her blood, breath, or urine was 0.16 or more
based on |
25 |
| the definition of blood, breath, or urine units in Section |
26 |
| 11-501.2,
shall be
subject, in addition to any other penalty |
|
|
|
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LRB095 07788 DRH 27949 b |
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|
1 |
| that may be imposed, to a mandatory
minimum of 2 days of |
2 |
| imprisonment and a mandatory minimum fine of $1,250.
|
3 |
| (c-14) Any person convicted of a third violation of |
4 |
| subsection (a) or a
similar provision within 20 years of a |
5 |
| previous violation of subsection (a) or
a
similar provision, if |
6 |
| at the time of the third violation of subsection (a) or a
|
7 |
| similar provision the alcohol concentration in his or her |
8 |
| blood, breath, or
urine was 0.16 or more based on the |
9 |
| definition of blood, breath, or urine units
in Section |
10 |
| 11-501.2, is guilty of a Class 2 felony and shall be subject, |
11 |
| in
addition to any other penalty that may be imposed, to a |
12 |
| mandatory minimum of
90 days of imprisonment and a mandatory |
13 |
| minimum fine of $2,500.
|
14 |
| (c-15) Any person convicted of a fourth
violation of
|
15 |
| subsection
(a) or a similar provision, if at the time of the |
16 |
| fourth
violation the alcohol concentration in his or her blood, |
17 |
| breath, or urine was
0.16 or more based on the definition of |
18 |
| blood, breath, or urine units in
Section 11-501.2, and if the |
19 |
| person's 3 prior violations of subsection (a) or a
similar |
20 |
| provision occurred while transporting a person under the age of |
21 |
| 16 or
while the alcohol concentration in his or her blood, |
22 |
| breath, or urine was 0.16
or more based on the definition of |
23 |
| blood, breath, or urine units in Section
11-501.2, is guilty of |
24 |
| a Class 2 felony and is not eligible for a sentence of
|
25 |
| probation or conditional discharge and is subject to a minimum |
26 |
| fine of
$2,500.
|
|
|
|
HB3422 |
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|
1 |
| (d) (1) Every person convicted of committing a violation of |
2 |
| this Section
shall be guilty of aggravated driving under |
3 |
| the influence of alcohol,
other drug or drugs, or |
4 |
| intoxicating compound or compounds, or any combination
|
5 |
| thereof if:
|
6 |
| (A) the person committed a violation of subsection |
7 |
| (a) or a similar
provision for the
third or subsequent |
8 |
| time;
|
9 |
| (B) the person committed a violation of subsection |
10 |
| (a)
while
driving a school bus with persons 18 years of |
11 |
| age or younger
on board;
|
12 |
| (C) the person in committing a violation of |
13 |
| subsection
(a) was
involved in a motor vehicle accident |
14 |
| that resulted in great bodily harm or
permanent |
15 |
| disability or disfigurement to another, when the |
16 |
| violation was
a proximate cause of the injuries;
|
17 |
| (D) the person committed a violation of subsection |
18 |
| (a)
for a
second time and has been previously convicted |
19 |
| of violating Section 9-3 of the
Criminal Code of 1961 |
20 |
| or a similar provision of a law of another state |
21 |
| relating to reckless homicide in which the person was
|
22 |
| determined to have been under the influence of alcohol, |
23 |
| other drug or
drugs, or intoxicating compound or |
24 |
| compounds as an element of the offense or
the person |
25 |
| has previously been convicted
under subparagraph (C) |
26 |
| or subparagraph (F) of this paragraph (1);
|
|
|
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| (E) the person, in committing a violation of |
2 |
| subsection (a) while
driving at any speed in a school |
3 |
| speed zone at a time when a speed limit of
20 miles per |
4 |
| hour was in effect under subsection (a) of Section |
5 |
| 11-605 of
this Code, was involved in a motor vehicle |
6 |
| accident that resulted in bodily
harm, other than great |
7 |
| bodily harm or permanent disability or disfigurement,
|
8 |
| to another person, when the violation of subsection (a) |
9 |
| was a
proximate cause
of the bodily harm; or
|
10 |
| (F) the person, in committing a violation of |
11 |
| subsection (a), was
involved in a motor vehicle, |
12 |
| snowmobile, all-terrain vehicle, or watercraft
|
13 |
| accident that resulted in
the death of another person, |
14 |
| when the violation of subsection
(a) was
a proximate |
15 |
| cause of the death.
|
16 |
| (2) Except as provided in this paragraph (2) and in |
17 |
| paragraphs (3) and (4) of subsection (c-1), a person |
18 |
| convicted of
aggravated driving under
the
influence of |
19 |
| alcohol, other drug or
drugs,
or intoxicating compound or |
20 |
| compounds, or any
combination thereof is guilty of a Class |
21 |
| 4 felony. For a violation of
subparagraph (C)
of
paragraph |
22 |
| (1) of this subsection (d), the defendant, if sentenced to |
23 |
| a term
of imprisonment, shall be sentenced
to not less than
|
24 |
| one year nor more than 12 years.
Except as provided in |
25 |
| paragraph (4) of subsection (c-1), aggravated driving |
26 |
| under the influence of alcohol, other drug, or drugs, |
|
|
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|
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| intoxicating compounds or compounds, or any combination |
2 |
| thereof as defined in subparagraph (A) of paragraph (1) of |
3 |
| this subsection (d) is a Class 2 felony. Aggravated driving |
4 |
| under the influence of alcohol, other drug or drugs,
or |
5 |
| intoxicating compound or compounds, or any combination |
6 |
| thereof as
defined in subparagraph (F) of paragraph (1) of |
7 |
| this subsection (d) is
a Class 2 felony, for which the |
8 |
| defendant, if sentenced to a term of
imprisonment, shall be |
9 |
| sentenced to: (A) a
term of imprisonment of not less than 3 |
10 |
| years and not more
than 14 years if the violation resulted |
11 |
| in the death of one person; or
(B) a term of imprisonment |
12 |
| of not less than 6 years and not
more than 28 years if the |
13 |
| violation resulted in the deaths of 2 or more
persons.
For |
14 |
| any prosecution under this subsection
(d), a certified copy |
15 |
| of the
driving abstract of the defendant shall be admitted |
16 |
| as proof of any prior
conviction.
Any person sentenced |
17 |
| under this subsection (d) who receives a term of
probation
|
18 |
| or conditional discharge must serve a minimum term of |
19 |
| either 480 hours of
community service or 10 days of |
20 |
| imprisonment as a condition of the probation or
conditional |
21 |
| discharge. This mandatory minimum term of imprisonment or
|
22 |
| assignment of community service may not be suspended or |
23 |
| reduced by the court.
|
24 |
| (e) After a finding of guilt and prior to any final |
25 |
| sentencing, or an
order for supervision, for an offense based |
26 |
| upon an arrest for a
violation of this Section or a similar |
|
|
|
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| provision of a local ordinance,
individuals shall be required |
2 |
| to undergo a professional evaluation to
determine if an |
3 |
| alcohol, drug, or intoxicating compound abuse problem exists
|
4 |
| and the
extent of the problem, and undergo the imposition of |
5 |
| treatment as appropriate.
Programs conducting these |
6 |
| evaluations shall be
licensed by the Department of Human |
7 |
| Services. The cost of any professional
evaluation shall be paid |
8 |
| for by the
individual
required to undergo the professional |
9 |
| evaluation.
|
10 |
| (e-1) Any person who is found guilty of or pleads guilty to |
11 |
| violating this
Section, including any person receiving a |
12 |
| disposition of court supervision for
violating this Section, |
13 |
| may be required by the Court to attend a victim
impact panel |
14 |
| offered by, or under contract with, a County State's Attorney's
|
15 |
| office, a probation and court services department, Mothers |
16 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated |
17 |
| Motorists.
All costs generated by
the victim impact panel shall |
18 |
| be paid from fees collected from the
offender or as may be |
19 |
| determined by the court.
|
20 |
| (f) Every person found guilty of violating this Section, |
21 |
| whose
operation of a motor vehicle while in violation of this |
22 |
| Section proximately
caused any incident resulting in an |
23 |
| appropriate emergency response, shall
be liable for the expense |
24 |
| of an emergency response as provided under
Section 5-5-3 of the |
25 |
| Unified Code of Corrections.
|
26 |
| (g) The Secretary of State shall revoke the driving |
|
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| privileges of any
person convicted under this Section or a |
2 |
| similar provision of a local
ordinance.
|
3 |
| (h) (Blank).
|
4 |
| (i) The Secretary of State shall require the installation |
5 |
| and continuous use of ignition interlock
devices on all |
6 |
| vehicles owned by an individual who has been convicted of a
|
7 |
| first, second, or third violation
second
or subsequent offense
|
8 |
| of subdivision (a)(1), (a)(2), or (a)(5) of this Section or a |
9 |
| similar provision of a local
ordinance. The Secretary shall |
10 |
| establish by rule and regulation the procedures
for |
11 |
| certification and use of the ignition interlock system.
|
12 |
| The ignition interlock device installed in the vehicle of a |
13 |
| person convicted of a first, second, or third violation of |
14 |
| subdivision (a)(1), (a)(2), or (a)(5) of this Section shall |
15 |
| remain installed until the individual's driver's license has |
16 |
| been reinstated. Individuals with a fourth or subsequent |
17 |
| conviction of violating subdivision (a)(1), (a)(2), or (a)(3) |
18 |
| of this Section must install and maintain ignition interlock |
19 |
| devices on all vehicles they own and must keep the devices on |
20 |
| those vehicles indefinitely. Individuals who have been |
21 |
| convicted of violating subdivision (a)(1), (a)(2), or (a)(5) of |
22 |
| this Section or a similar provision of a local ordinance but do |
23 |
| not own a vehicle must either: use a transdermal alcohol |
24 |
| monitoring device until the individual's driver's license has |
25 |
| been reinstated or install an ignition interlock device in a |
26 |
| vehicle not owned by the individual until the individual's |
|
|
|
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| driver's license has been reinstated. Upon installation, the |
2 |
| individual shall pay to the Secretary of State DUI |
3 |
| Administration Fund an annual fee of $120 and shall continue to |
4 |
| pay this fee annually until the individual's driver's license |
5 |
| has been reinstated. The Secretary
of State shall adopt rules |
6 |
| for the collection of this fee and for its payment in monthly |
7 |
| increments for necessary periods of less than one year.
|
8 |
| (i-1) Individuals convicted of violating subsection (i) |
9 |
| shall be guilty of a Class 4 felony, shall not be eligible for |
10 |
| a sentence of probation or conditional discharge, and shall, in |
11 |
| addition to any other penalty imposed, be subject to a |
12 |
| mandatory minimum fine of $2,500. This fine shall not be |
13 |
| suspended or reduced by the court.
|
14 |
| (i-2) Individuals convicted of violating subsection (i) a |
15 |
| second or subsequent time shall be guilty of a Class 4 felony, |
16 |
| shall not be eligible for a sentence of probation or |
17 |
| conditional discharge, and shall, in addition to any other |
18 |
| penalty imposed, be subject to imprisonment of no less than 18 |
19 |
| months. This term of imprisonment shall not be suspended or |
20 |
| reduced by the court.
|
21 |
| (j) In addition to any other penalties and liabilities, a |
22 |
| person who is
found guilty of or pleads guilty to violating |
23 |
| subsection (a), including any
person placed on court |
24 |
| supervision for violating subsection (a), shall be fined
$500, |
25 |
| payable to the
circuit clerk, who shall distribute the money as |
26 |
| follows: 20% to the law enforcement agency
that made the arrest |
|
|
|
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| and 80% shall be forwarded to the State Treasurer for deposit |
2 |
| into the General Revenue Fund. If the person has been |
3 |
| previously convicted of violating
subsection (a) or a similar |
4 |
| provision of a local
ordinance, the fine shall be
$1,000. In |
5 |
| the event that more than one agency is responsible
for the |
6 |
| arrest, the amount payable to law enforcement agencies shall be |
7 |
| shared equally. Any moneys received
by a law
enforcement agency |
8 |
| under this subsection (j) shall be used for enforcement and |
9 |
| prevention of driving while under the influence of alcohol, |
10 |
| other drug or drugs, intoxicating compound or compounds or any |
11 |
| combination thereof, as defined by this Section, including but |
12 |
| not limited to the purchase of law
enforcement equipment and |
13 |
| commodities that will assist in the prevention of alcohol |
14 |
| related
criminal violence throughout the State; police officer |
15 |
| training and education in areas related to alcohol related |
16 |
| crime, including but not limited to DUI training; and police |
17 |
| officer salaries, including but not limited to salaries for |
18 |
| hire back funding for safety checkpoints, saturation patrols, |
19 |
| and liquor store sting operations. Equipment and commodities |
20 |
| shall include, but are not limited
to, in-car video cameras, |
21 |
| radar and laser speed detection devices, and alcohol
breath |
22 |
| testers.
Any moneys received by the Department of State Police |
23 |
| under this subsection
(j) shall be deposited into the State |
24 |
| Police DUI Fund and shall be used for enforcement and |
25 |
| prevention of driving while under the influence of alcohol, |
26 |
| other drug or drugs, intoxicating compound or compounds or any |
|
|
|
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| combination thereof, as defined by this Section, including but |
2 |
| not limited to the
purchase of law enforcement equipment and |
3 |
| commodities that will assist in the prevention of
alcohol |
4 |
| related criminal violence throughout the State; police officer |
5 |
| training and education in areas related to alcohol related |
6 |
| crime, including but not limited to DUI training; and police |
7 |
| officer salaries, including but not limited to salaries for |
8 |
| hire back funding for safety checkpoints, saturation patrols, |
9 |
| and liquor store sting operations.
|
10 |
| (k) The Secretary of State Police DUI Fund is created as a |
11 |
| special
fund in the State treasury. All moneys received by the |
12 |
| Secretary of State
Police under subsection (j) of this Section |
13 |
| shall be deposited into the
Secretary of State Police DUI Fund |
14 |
| and, subject to appropriation, shall be
used for enforcement |
15 |
| and prevention of driving while under the influence of alcohol, |
16 |
| other drug or drugs, intoxicating compound or compounds or any |
17 |
| combination thereof, as defined by this Section, including but |
18 |
| not limited to the purchase of law enforcement equipment and |
19 |
| commodities to assist in the prevention of
alcohol related |
20 |
| criminal violence throughout the State; police officer |
21 |
| training and education in areas related to alcohol related |
22 |
| crime, including but not limited to DUI training; and police |
23 |
| officer salaries, including but not limited to salaries for |
24 |
| hire back funding for safety checkpoints, saturation patrols, |
25 |
| and liquor store sting operations.
|
26 |
| (l) Whenever an individual is sentenced for an offense |
|
|
|
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|
1 |
| based upon an
arrest for a violation of subsection (a) or a |
2 |
| similar provision of a local
ordinance, and the professional |
3 |
| evaluation recommends remedial or
rehabilitative treatment or |
4 |
| education, neither the treatment nor the education
shall be the |
5 |
| sole disposition and either or both may be imposed only in
|
6 |
| conjunction with another disposition. The court shall monitor |
7 |
| compliance with
any remedial education or treatment |
8 |
| recommendations contained in the
professional evaluation. |
9 |
| Programs conducting alcohol or other drug evaluation
or |
10 |
| remedial education must be licensed by the Department of Human |
11 |
| Services. If
the individual is not a resident of Illinois, |
12 |
| however, the court may accept an
alcohol or other drug |
13 |
| evaluation or remedial education program in the
individual's |
14 |
| state of residence. Programs providing treatment must be |
15 |
| licensed
under existing applicable alcoholism and drug |
16 |
| treatment licensure standards.
|
17 |
| (m) In addition to any other fine or penalty required by |
18 |
| law, an individual
convicted of a violation of subsection (a), |
19 |
| Section 5-7 of the Snowmobile
Registration and Safety Act, |
20 |
| Section 5-16 of the Boat Registration and Safety
Act, or a |
21 |
| similar provision, whose operation of a motor vehicle, |
22 |
| snowmobile, or
watercraft while in
violation of subsection (a), |
23 |
| Section 5-7 of the Snowmobile Registration and
Safety Act, |
24 |
| Section 5-16 of the Boat Registration and Safety Act, or a |
25 |
| similar
provision proximately caused an incident resulting in |
26 |
| an appropriate emergency
response, shall be required to make |
|
|
|
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LRB095 07788 DRH 27949 b |
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|
1 |
| restitution to a public agency for the
costs of that emergency |
2 |
| response. The restitution may not exceed $1,000 per
public |
3 |
| agency for each emergency response. As used in this subsection |
4 |
| (m),
"emergency response" means any incident requiring a |
5 |
| response by a police
officer, a firefighter carried on the |
6 |
| rolls of a regularly constituted fire
department, or an |
7 |
| ambulance.
|
8 |
| (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; |
9 |
| 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; |
10 |
| 93-840, eff. 7-30-04; 94-116, eff. 1-1-06; 94-963, eff. |
11 |
| 6-28-06.)
|
12 |
| (Text of Section from P.A. 94-329 and 94-963) |
13 |
| Sec. 11-501. Driving while under the influence of alcohol, |
14 |
| other drug or
drugs, intoxicating compound or compounds or any |
15 |
| combination thereof.
|
16 |
| (a) A person shall not drive or be in actual
physical |
17 |
| control of any vehicle within this State while:
|
18 |
| (1) the alcohol concentration in the person's blood or |
19 |
| breath is 0.08
or more based on the definition of blood and |
20 |
| breath units in Section 11-501.2;
|
21 |
| (2) under the influence of alcohol;
|
22 |
| (3) under the influence of any intoxicating compound or |
23 |
| combination of
intoxicating compounds to a degree that |
24 |
| renders the person incapable of
driving safely;
|
25 |
| (4) under the influence of any other drug or |
|
|
|
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|
1 |
| combination of drugs to a
degree that renders the person |
2 |
| incapable of safely driving;
|
3 |
| (5) under the combined influence of alcohol, other drug |
4 |
| or drugs, or
intoxicating compound or compounds to a degree |
5 |
| that renders the person
incapable of safely driving; or
|
6 |
| (6) there is any amount of a drug, substance, or |
7 |
| compound in the
person's breath, blood, or urine resulting |
8 |
| from the unlawful use or consumption
of cannabis listed in |
9 |
| the Cannabis Control Act, a controlled substance listed
in |
10 |
| the Illinois Controlled Substances Act, or an intoxicating |
11 |
| compound listed
in the Use of Intoxicating Compounds Act.
|
12 |
| (b) The fact that any person charged with violating this |
13 |
| Section is or
has been legally entitled to use alcohol, other |
14 |
| drug or drugs, or
intoxicating compound or compounds, or any
|
15 |
| combination thereof, shall not constitute a defense against any |
16 |
| charge of
violating this Section.
|
17 |
| (b-1) With regard to penalties imposed under this Section:
|
18 |
| (1) Any reference to a prior violation of subsection |
19 |
| (a) or a similar
provision includes any violation of a |
20 |
| provision of a local ordinance or a
provision of a law of |
21 |
| another state that is similar to a violation of
subsection |
22 |
| (a) of this Section.
|
23 |
| (2) Any penalty imposed for driving with a license that |
24 |
| has been revoked
for a previous violation of subsection (a) |
25 |
| of this Section shall be in
addition to the penalty imposed |
26 |
| for any subsequent violation of subsection (a).
|
|
|
|
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|
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| (b-2) Except as otherwise provided in this Section, any |
2 |
| person convicted of
violating subsection (a) of this Section is |
3 |
| guilty of a Class A misdemeanor.
|
4 |
| (b-3) In addition to any other criminal or administrative |
5 |
| sanction for any
second conviction of violating subsection (a) |
6 |
| or a similar provision committed
within 5 years of a previous |
7 |
| violation of subsection (a) or a similar
provision, the |
8 |
| defendant shall be sentenced to a mandatory minimum of 5 days |
9 |
| of
imprisonment or assigned a mandatory minimum of 240 hours of |
10 |
| community service
as may be determined by the court.
|
11 |
| (b-4) In the case of a third or subsequent violation |
12 |
| committed within 5
years of a previous violation of subsection |
13 |
| (a) or a similar provision, in
addition to any other criminal |
14 |
| or administrative sanction, a mandatory minimum
term of either |
15 |
| 10 days of imprisonment or 480 hours of community service shall
|
16 |
| be imposed.
|
17 |
| (b-5) The imprisonment or assignment of community service |
18 |
| under subsections
(b-3) and (b-4) shall not be subject to |
19 |
| suspension, nor shall the person be
eligible for a reduced |
20 |
| sentence.
|
21 |
| (c) (Blank).
|
22 |
| (c-1) (1) A person who violates subsection (a)
during
a |
23 |
| period in which his
or her driving privileges are revoked |
24 |
| or suspended, where the revocation or
suspension was for a |
25 |
| violation of subsection (a), Section
11-501.1, paragraph |
26 |
| (b)
of Section 11-401, or for reckless homicide as defined |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
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|
1 |
| in Section 9-3 of
the Criminal Code of 1961 is guilty of |
2 |
| aggravated driving under the influence of alcohol, other |
3 |
| drug or drugs, intoxicating compound or compounds, or any |
4 |
| combination thereof and is guilty of a
Class 4 felony.
|
5 |
| (2) A person who violates subsection (a) a third
time, |
6 |
| if the third violation occurs during a period in
which his |
7 |
| or her driving privileges are revoked or suspended where |
8 |
| the
revocation
or suspension was for a violation of |
9 |
| subsection (a),
Section 11-501.1, paragraph
(b) of Section |
10 |
| 11-401, or for reckless homicide as defined in Section 9-3
|
11 |
| of the Criminal Code of 1961, is guilty of aggravated |
12 |
| driving under the influence of alcohol, other drug or |
13 |
| drugs, intoxicating compound or compounds, or any |
14 |
| combination thereof and is guilty of
a Class 3 felony. |
15 |
| (2.1) A person who violates subsection (a) a third |
16 |
| time, if the third
violation occurs during a period in |
17 |
| which his or her driving privileges are
revoked or |
18 |
| suspended where the revocation or suspension was for a |
19 |
| violation of
subsection (a), Section 11-501.1, subsection |
20 |
| (b) of Section 11-401, or for
reckless homicide as defined |
21 |
| in Section
9-3 of the Criminal Code of 1961, is guilty of |
22 |
| aggravated driving under the influence of alcohol, other |
23 |
| drug or drugs, intoxicating compound or compounds, or any |
24 |
| combination thereof and is guilty of a Class 3 felony; and |
25 |
| if the
person receives a term of
probation or conditional |
26 |
| discharge, he or she shall be required to serve a
mandatory
|
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| minimum of 10 days of imprisonment or shall be assigned a |
2 |
| mandatory minimum of
480 hours of community service, as may |
3 |
| be determined by the court, as a
condition of the probation |
4 |
| or conditional discharge. This mandatory minimum
term of |
5 |
| imprisonment or assignment of community service shall not |
6 |
| be suspended
or reduced by the court.
|
7 |
| (2.2) A person who violates subsection (a), if the
|
8 |
| violation occurs during a period in which his or her |
9 |
| driving privileges are
revoked or suspended where the |
10 |
| revocation or suspension was for a violation of
subsection |
11 |
| (a) or Section 11-501.1, is guilty of aggravated driving |
12 |
| under the influence of alcohol, other drug or drugs, |
13 |
| intoxicating compound or compounds, or any combination |
14 |
| thereof and shall also be sentenced to an additional
|
15 |
| mandatory minimum term of 30 consecutive days of |
16 |
| imprisonment, 40 days of
24-hour periodic imprisonment, or |
17 |
| 720 hours of community service, as may be
determined by the |
18 |
| court. This mandatory term of imprisonment or assignment of
|
19 |
| community service shall not be suspended or reduced by the |
20 |
| court.
|
21 |
| (3) A person who violates subsection (a) a fourth or
|
22 |
| subsequent time, if the fourth or subsequent violation |
23 |
| occurs
during a period in which his
or her driving |
24 |
| privileges are revoked or suspended where the revocation
or |
25 |
| suspension was for a violation of subsection (a),
Section |
26 |
| 11-501.1, paragraph
(b) of Section 11-401, or for reckless |
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
|
1 |
| homicide as defined in
Section 9-3
of
the Criminal Code of |
2 |
| 1961, is guilty of aggravated driving under the influence |
3 |
| of alcohol, other drug or drugs, intoxicating compound or |
4 |
| compounds, or any combination thereof and is guilty of
a |
5 |
| Class 2 felony, and is not eligible for a sentence of |
6 |
| probation or
conditional discharge.
|
7 |
| (c-2) (Blank).
|
8 |
| (c-3) (Blank).
|
9 |
| (c-4) (Blank).
|
10 |
| (c-5) A person who violates subsection (a), if the person |
11 |
| was transporting
a person under the age of 16 at the time of |
12 |
| the violation, is subject to an
additional mandatory minimum |
13 |
| fine of $1,000, an additional mandatory minimum
140 hours of |
14 |
| community service, which shall include 40 hours of community
|
15 |
| service in a program benefiting children, and an additional 2 |
16 |
| days of
imprisonment. The imprisonment or assignment of |
17 |
| community service under this
subsection (c-5) is not subject to |
18 |
| suspension, nor is the person eligible for
a reduced sentence.
|
19 |
| (c-6) Except as provided in subsections (c-7) and (c-8) a |
20 |
| person who
violates
subsection (a) a second time, if at the |
21 |
| time of
the second violation the person was transporting a |
22 |
| person under the age of 16,
is subject to an additional 10 days |
23 |
| of imprisonment, an additional mandatory
minimum fine of |
24 |
| $1,000, and an additional mandatory minimum 140 hours of
|
25 |
| community service, which shall include 40 hours of community |
26 |
| service in a
program benefiting children.
The imprisonment or |
|
|
|
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| assignment of community service under this subsection (c-6)
is |
2 |
| not subject to suspension, nor is the person eligible for a |
3 |
| reduced
sentence.
|
4 |
| (c-7) Except as provided in subsection (c-8), any person |
5 |
| convicted of
violating subsection (c-6) or a similar
provision |
6 |
| within 10 years of a previous violation of subsection (a) or a
|
7 |
| similar provision shall receive, in addition to any other |
8 |
| penalty imposed, a
mandatory minimum 12 days imprisonment, an |
9 |
| additional 40 hours of mandatory
community service in a program |
10 |
| benefiting children, and a mandatory minimum
fine of $1,750. |
11 |
| The imprisonment or assignment of community service under this
|
12 |
| subsection (c-7) is not subject to suspension, nor is the |
13 |
| person
eligible for a reduced sentence.
|
14 |
| (c-8) Any person convicted of violating subsection (c-6) or |
15 |
| a similar
provision within 5 years of a previous violation of |
16 |
| subsection (a) or a similar
provision shall receive, in |
17 |
| addition to any other penalty imposed, an
additional 80 hours |
18 |
| of mandatory community service in a program benefiting
|
19 |
| children, an additional mandatory minimum 12 days of |
20 |
| imprisonment, and a
mandatory minimum fine of $1,750. The |
21 |
| imprisonment or assignment of community
service under this |
22 |
| subsection (c-8) is not subject to suspension, nor
is the
|
23 |
| person eligible for a reduced sentence.
|
24 |
| (c-9) Any person convicted a third time for violating |
25 |
| subsection (a) or a
similar provision, if at the time of the |
26 |
| third violation the person was
transporting a person under the |
|
|
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| age of 16, is guilty of a Class 4 felony and shall
receive, in |
2 |
| addition to any other
penalty imposed, an additional mandatory |
3 |
| fine of $1,000, an additional
mandatory 140 hours of community |
4 |
| service, which shall include 40 hours in a
program benefiting |
5 |
| children, and a mandatory minimum 30 days of imprisonment.
The |
6 |
| imprisonment or assignment of community service under this |
7 |
| subsection (c-9)
is not subject to suspension, nor is the |
8 |
| person eligible for a reduced
sentence.
|
9 |
| (c-10) Any person convicted of violating subsection (c-9) |
10 |
| or a similar
provision a third time within 20 years of a |
11 |
| previous violation of subsection
(a) or a
similar provision is |
12 |
| guilty of a Class 4 felony and shall receive, in addition
to |
13 |
| any other penalty imposed, an additional mandatory 40 hours of |
14 |
| community
service in a program benefiting children, an |
15 |
| additional mandatory fine of
$3,000, and a mandatory minimum |
16 |
| 120 days of imprisonment. The imprisonment or
assignment of |
17 |
| community service under this subsection (c-10) is not subject |
18 |
| to
suspension, nor is the person eligible for a reduced |
19 |
| sentence.
|
20 |
| (c-11) Any person convicted a fourth or subsequent time for |
21 |
| violating
subsection (a) or a similar provision, if at the time |
22 |
| of the fourth or
subsequent violation the person was |
23 |
| transporting a person under the age of 16,
and if the person's |
24 |
| 3 prior violations of subsection (a) or a similar provision
|
25 |
| occurred while transporting a person under the age of 16 or |
26 |
| while the alcohol
concentration in his or her blood, breath, or |
|
|
|
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| urine was 0.16 or more based
on the definition of blood, |
2 |
| breath, or urine units in Section 11-501.2, is
guilty of a |
3 |
| Class 2 felony, is not eligible for probation or conditional
|
4 |
| discharge, and is subject to a minimum fine of $3,000.
|
5 |
| (c-12) Any person convicted of a first violation of |
6 |
| subsection (a) or a
similar provision, if the alcohol |
7 |
| concentration in his or her blood, breath, or
urine was 0.16 or |
8 |
| more based on the definition of blood, breath, or urine
units |
9 |
| in Section 11-501.2, shall be subject, in addition to any other |
10 |
| penalty
that may be imposed, to a mandatory minimum of 100 |
11 |
| hours of community service
and a mandatory minimum fine of |
12 |
| $500.
|
13 |
| (c-13) Any person convicted of a second violation of |
14 |
| subsection (a) or a similar provision committed within 10 years |
15 |
| of a previous violation of subsection (a) or a similar |
16 |
| provision committed within 10 years of a previous violation of |
17 |
| subsection (a) or a similar provision, if at the time of the |
18 |
| second violation of subsection (a) the
alcohol concentration in |
19 |
| his or her blood, breath, or urine was 0.16 or more
based on |
20 |
| the definition of blood, breath, or urine units in Section |
21 |
| 11-501.2,
shall be
subject, in addition to any other penalty |
22 |
| that may be imposed, to a mandatory
minimum of 2 days of |
23 |
| imprisonment and a mandatory minimum fine of $1,250.
|
24 |
| (c-14) Any person convicted of a third violation of |
25 |
| subsection (a) or a
similar provision within 20 years of a |
26 |
| previous violation of subsection (a) or
a
similar provision, if |
|
|
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| at the time of the third violation of subsection (a) or a
|
2 |
| similar provision the alcohol concentration in his or her |
3 |
| blood, breath, or
urine was 0.16 or more based on the |
4 |
| definition of blood, breath, or urine units
in Section |
5 |
| 11-501.2, is guilty of a Class 4 felony and shall be subject, |
6 |
| in
addition to any other penalty that may be imposed, to a |
7 |
| mandatory minimum of
90 days of imprisonment and a mandatory |
8 |
| minimum fine of $2,500.
|
9 |
| (c-15) Any person convicted of a fourth or subsequent |
10 |
| violation of
subsection
(a) or a similar provision, if at the |
11 |
| time of the fourth or subsequent
violation the alcohol |
12 |
| concentration in his or her blood, breath, or urine was
0.16 or |
13 |
| more based on the definition of blood, breath, or urine units |
14 |
| in
Section 11-501.2, and if the person's 3 prior violations of |
15 |
| subsection (a) or a
similar provision occurred while |
16 |
| transporting a person under the age of 16 or
while the alcohol |
17 |
| concentration in his or her blood, breath, or urine was 0.16
or |
18 |
| more based on the definition of blood, breath, or urine units |
19 |
| in Section
11-501.2, is guilty of a Class 2 felony and is not |
20 |
| eligible for a sentence of
probation or conditional discharge |
21 |
| and is subject to a minimum fine of
$2,500.
|
22 |
| (d) (1) Every person convicted of committing a violation of |
23 |
| this Section
shall be guilty of aggravated driving under |
24 |
| the influence of alcohol,
other drug or drugs, or |
25 |
| intoxicating compound or compounds, or any combination
|
26 |
| thereof if:
|
|
|
|
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|
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| (A) the person committed a violation of subsection |
2 |
| (a) or a similar
provision for the
third or subsequent |
3 |
| time;
|
4 |
| (B) the person committed a violation of subsection |
5 |
| (a)
while
driving a school bus with persons 18 years of |
6 |
| age or younger
on board;
|
7 |
| (C) the person in committing a violation of |
8 |
| subsection
(a) was
involved in a motor vehicle accident |
9 |
| that resulted in great bodily harm or
permanent |
10 |
| disability or disfigurement to another, when the |
11 |
| violation was
a proximate cause of the injuries;
|
12 |
| (D) the person committed a violation of subsection |
13 |
| (a)
for a
second time and has been previously convicted |
14 |
| of violating Section 9-3 of the
Criminal Code of 1961 |
15 |
| or a similar provision of a law of another state |
16 |
| relating to reckless homicide in which the person was
|
17 |
| determined to have been under the influence of alcohol, |
18 |
| other drug or
drugs, or intoxicating compound or |
19 |
| compounds as an element of the offense or
the person |
20 |
| has previously been convicted
under subparagraph (C) |
21 |
| or subparagraph (F) of this paragraph (1);
|
22 |
| (E) the person, in committing a violation of |
23 |
| subsection (a) while
driving at any speed in a school |
24 |
| speed zone at a time when a speed limit of
20 miles per |
25 |
| hour was in effect under subsection (a) of Section |
26 |
| 11-605 of
this Code, was involved in a motor vehicle |
|
|
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| accident that resulted in bodily
harm, other than great |
2 |
| bodily harm or permanent disability or disfigurement,
|
3 |
| to another person, when the violation of subsection (a) |
4 |
| was a
proximate cause
of the bodily harm; or
|
5 |
| (F) the person, in committing a violation of |
6 |
| subsection (a), was
involved in a motor vehicle, |
7 |
| snowmobile, all-terrain vehicle, or watercraft
|
8 |
| accident that resulted in
the death of another person, |
9 |
| when the violation of subsection
(a) was
a proximate |
10 |
| cause of the death;
|
11 |
| (G) the person committed the violation while he or |
12 |
| she did not possess a driver's license or permit or a |
13 |
| restricted driving permit or a judicial driving |
14 |
| permit; or
|
15 |
| (H) the person committed the violation while he or |
16 |
| she knew or should have known that the vehicle he or |
17 |
| she was driving was not covered by a liability |
18 |
| insurance policy.
|
19 |
| (2) Except as provided in this paragraph (2) and in |
20 |
| paragraphs (2), (2.1), and (3) of subsection (c-1), a |
21 |
| person convicted of
aggravated driving under
the
influence |
22 |
| of alcohol, other drug or
drugs,
or intoxicating compound |
23 |
| or compounds, or any
combination thereof is guilty of a |
24 |
| Class 4 felony. For a violation of
subparagraph (C)
of
|
25 |
| paragraph (1) of this subsection (d), the defendant, if |
26 |
| sentenced to a term
of imprisonment, shall be sentenced
to |
|
|
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| not less than
one year nor more than 12 years.
Aggravated |
2 |
| driving under the influence of alcohol, other drug or |
3 |
| drugs,
or intoxicating compound or compounds, or any |
4 |
| combination thereof as
defined in subparagraph (F) of |
5 |
| paragraph (1) of this subsection (d) is
a Class 2 felony, |
6 |
| for which the defendant, if sentenced to a term of
|
7 |
| imprisonment, shall be sentenced to: (A) a
term of |
8 |
| imprisonment of not less than 3 years and not more
than 14 |
9 |
| years if the violation resulted in the death of one person; |
10 |
| or
(B) a term of imprisonment of not less than 6 years and |
11 |
| not
more than 28 years if the violation resulted in the |
12 |
| deaths of 2 or more
persons.
For any prosecution under this |
13 |
| subsection
(d), a certified copy of the
driving abstract of |
14 |
| the defendant shall be admitted as proof of any prior
|
15 |
| conviction.
Any person sentenced under this subsection (d) |
16 |
| who receives a term of
probation
or conditional discharge |
17 |
| must serve a minimum term of either 480 hours of
community |
18 |
| service or 10 days of imprisonment as a condition of the |
19 |
| probation or
conditional discharge. This mandatory minimum |
20 |
| term of imprisonment or
assignment of community service may |
21 |
| not be suspended or reduced by the court.
|
22 |
| (e) After a finding of guilt and prior to any final |
23 |
| sentencing, or an
order for supervision, for an offense based |
24 |
| upon an arrest for a
violation of this Section or a similar |
25 |
| provision of a local ordinance,
individuals shall be required |
26 |
| to undergo a professional evaluation to
determine if an |
|
|
|
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| alcohol, drug, or intoxicating compound abuse problem exists
|
2 |
| and the
extent of the problem, and undergo the imposition of |
3 |
| treatment as appropriate.
Programs conducting these |
4 |
| evaluations shall be
licensed by the Department of Human |
5 |
| Services. The cost of any professional
evaluation shall be paid |
6 |
| for by the
individual
required to undergo the professional |
7 |
| evaluation.
|
8 |
| (e-1) Any person who is found guilty of or pleads guilty to |
9 |
| violating this
Section, including any person receiving a |
10 |
| disposition of court supervision for
violating this Section, |
11 |
| may be required by the Court to attend a victim
impact panel |
12 |
| offered by, or under contract with, a County State's Attorney's
|
13 |
| office, a probation and court services department, Mothers |
14 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated |
15 |
| Motorists.
All costs generated by
the victim impact panel shall |
16 |
| be paid from fees collected from the
offender or as may be |
17 |
| determined by the court.
|
18 |
| (f) Every person found guilty of violating this Section, |
19 |
| whose
operation of a motor vehicle while in violation of this |
20 |
| Section proximately
caused any incident resulting in an |
21 |
| appropriate emergency response, shall
be liable for the expense |
22 |
| of an emergency response as provided under
Section 5-5-3 of the |
23 |
| Unified Code of Corrections.
|
24 |
| (g) The Secretary of State shall revoke the driving |
25 |
| privileges of any
person convicted under this Section or a |
26 |
| similar provision of a local
ordinance.
|
|
|
|
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|
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| (h) (Blank).
|
2 |
| (i) The Secretary of State shall require the installation |
3 |
| and continuous use of ignition interlock
devices on all |
4 |
| vehicles owned by an individual who has been convicted of a
|
5 |
| first, second, or third violation
second
or subsequent offense
|
6 |
| of subdivision (a)(1), (a)(2), or (a)(5) of this Section or a |
7 |
| similar provision of a local
ordinance. The Secretary shall |
8 |
| establish by rule and regulation the procedures
for |
9 |
| certification and use of the ignition interlock system.
|
10 |
| The ignition interlock device installed in the vehicle of a |
11 |
| person convicted of a first, second, or third violation of |
12 |
| subdivision (a)(1), (a)(2), or (a)(5) of this Section shall |
13 |
| remain installed until the individual's driver's license has |
14 |
| been reinstated. Individuals with a fourth or subsequent |
15 |
| conviction of violating subdivision (a)(1), (a)(2), or (a)(3) |
16 |
| of this Section must install and maintain ignition interlock |
17 |
| devices on all vehicles they own and must keep the devices on |
18 |
| those vehicles indefinitely. Individuals who have been |
19 |
| convicted of violating subdivision (a)(1), (a)(2), or (a)(5) of |
20 |
| this Section or a similar provision of a local ordinance but do |
21 |
| not own a vehicle must either: use a transdermal alcohol |
22 |
| monitoring device until the individual's driver's license has |
23 |
| been reinstated or install an ignition interlock device in a |
24 |
| vehicle not owned by the individual until the individual's |
25 |
| driver's license has been reinstated. Upon installation, the |
26 |
| individual shall pay to the Secretary of State DUI |
|
|
|
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| Administration Fund an annual fee of $120 and shall continue to |
2 |
| pay this fee annually until the individual's driver's license |
3 |
| has been reinstated. The Secretary
of State shall adopt rules |
4 |
| for the collection of this fee and for its payment in monthly |
5 |
| increments for necessary periods of less than one year.
|
6 |
| (i-1) Individuals convicted of violating subsection (i) |
7 |
| shall be guilty of a Class 4 felony, shall not be eligible for |
8 |
| a sentence of probation or conditional discharge, and shall, in |
9 |
| addition to any other penalty imposed, be subject to a |
10 |
| mandatory minimum fine of $2,500. This fine shall not be |
11 |
| suspended or reduced by the court.
|
12 |
| (i-2) Individuals convicted of violating subsection (i) a |
13 |
| second or subsequent time shall be guilty of a Class 4 felony, |
14 |
| shall not be eligible for a sentence of probation or |
15 |
| conditional discharge, and shall, in addition to any other |
16 |
| penalty imposed, be subject to imprisonment of no less than 18 |
17 |
| months. This term of imprisonment shall not be suspended or |
18 |
| reduced by the court.
|
19 |
| (j) In addition to any other penalties and liabilities, a |
20 |
| person who is
found guilty of or pleads guilty to violating |
21 |
| subsection (a), including any
person placed on court |
22 |
| supervision for violating subsection (a), shall be fined
$500, |
23 |
| payable to the
circuit clerk, who shall distribute the money as |
24 |
| follows: 20% to the law enforcement agency
that made the arrest |
25 |
| and 80% shall be forwarded to the State Treasurer for deposit |
26 |
| into the General Revenue Fund. If the person has been |
|
|
|
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|
1 |
| previously convicted of violating
subsection (a) or a similar |
2 |
| provision of a local
ordinance, the fine shall be
$1,000. In |
3 |
| the event that more than one agency is responsible
for the |
4 |
| arrest, the amount payable to law enforcement agencies shall be |
5 |
| shared equally. Any moneys received
by a law
enforcement agency |
6 |
| under this subsection (j) shall be used for enforcement and |
7 |
| prevention of driving while under the influence of alcohol, |
8 |
| other drug or drugs, intoxicating compound or compounds or any |
9 |
| combination thereof, as defined by this Section, including but |
10 |
| not limited to the purchase of law
enforcement equipment and |
11 |
| commodities that will assist in the prevention of alcohol |
12 |
| related
criminal violence throughout the State; police officer |
13 |
| training and education in areas related to alcohol related |
14 |
| crime, including but not limited to DUI training; and police |
15 |
| officer salaries, including but not limited to salaries for |
16 |
| hire back funding for safety checkpoints, saturation patrols, |
17 |
| and liquor store sting operations. Equipment and commodities |
18 |
| shall include, but are not limited
to, in-car video cameras, |
19 |
| radar and laser speed detection devices, and alcohol
breath |
20 |
| testers.
Any moneys received by the Department of State Police |
21 |
| under this subsection
(j) shall be deposited into the State |
22 |
| Police DUI Fund and shall be used for enforcement and |
23 |
| prevention of driving while under the influence of alcohol, |
24 |
| other drug or drugs, intoxicating compound or compounds or any |
25 |
| combination thereof, as defined by this Section, including but |
26 |
| not limited to the
purchase of law enforcement equipment and |
|
|
|
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LRB095 07788 DRH 27949 b |
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|
1 |
| commodities that will assist in the prevention of
alcohol |
2 |
| related criminal violence throughout the State; police officer |
3 |
| training and education in areas related to alcohol related |
4 |
| crime, including but not limited to DUI training; and police |
5 |
| officer salaries, including but not limited to salaries for |
6 |
| hire back funding for safety checkpoints, saturation patrols, |
7 |
| and liquor store sting operations.
|
8 |
| (k) The Secretary of State Police DUI Fund is created as a |
9 |
| special
fund in the State treasury. All moneys received by the |
10 |
| Secretary of State
Police under subsection (j) of this Section |
11 |
| shall be deposited into the
Secretary of State Police DUI Fund |
12 |
| and, subject to appropriation, shall be
used for enforcement |
13 |
| and prevention of driving while under the influence of alcohol, |
14 |
| other drug or drugs, intoxicating compound or compounds or any |
15 |
| combination thereof, as defined by this Section, including but |
16 |
| not limited to the purchase of law enforcement equipment and |
17 |
| commodities to assist in the prevention of
alcohol related |
18 |
| criminal violence throughout the State; police officer |
19 |
| training and education in areas related to alcohol related |
20 |
| crime, including but not limited to DUI training; and police |
21 |
| officer salaries, including but not limited to salaries for |
22 |
| hire back funding for safety checkpoints, saturation patrols, |
23 |
| and liquor store sting operations.
|
24 |
| (l) Whenever an individual is sentenced for an offense |
25 |
| based upon an
arrest for a violation of subsection (a) or a |
26 |
| similar provision of a local
ordinance, and the professional |
|
|
|
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|
|
1 |
| evaluation recommends remedial or
rehabilitative treatment or |
2 |
| education, neither the treatment nor the education
shall be the |
3 |
| sole disposition and either or both may be imposed only in
|
4 |
| conjunction with another disposition. The court shall monitor |
5 |
| compliance with
any remedial education or treatment |
6 |
| recommendations contained in the
professional evaluation. |
7 |
| Programs conducting alcohol or other drug evaluation
or |
8 |
| remedial education must be licensed by the Department of Human |
9 |
| Services. If
the individual is not a resident of Illinois, |
10 |
| however, the court may accept an
alcohol or other drug |
11 |
| evaluation or remedial education program in the
individual's |
12 |
| state of residence. Programs providing treatment must be |
13 |
| licensed
under existing applicable alcoholism and drug |
14 |
| treatment licensure standards.
|
15 |
| (m) In addition to any other fine or penalty required by |
16 |
| law, an individual
convicted of a violation of subsection (a), |
17 |
| Section 5-7 of the Snowmobile
Registration and Safety Act, |
18 |
| Section 5-16 of the Boat Registration and Safety
Act, or a |
19 |
| similar provision, whose operation of a motor vehicle, |
20 |
| snowmobile, or
watercraft while in
violation of subsection (a), |
21 |
| Section 5-7 of the Snowmobile Registration and
Safety Act, |
22 |
| Section 5-16 of the Boat Registration and Safety Act, or a |
23 |
| similar
provision proximately caused an incident resulting in |
24 |
| an appropriate emergency
response, shall be required to make |
25 |
| restitution to a public agency for the
costs of that emergency |
26 |
| response. The restitution may not exceed $1,000 per
public |
|
|
|
HB3422 |
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|
|
1 |
| agency for each emergency response. As used in this subsection |
2 |
| (m),
"emergency response" means any incident requiring a |
3 |
| response by a police
officer, a firefighter carried on the |
4 |
| rolls of a regularly constituted fire
department, or an |
5 |
| ambulance.
|
6 |
| (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; |
7 |
| 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; |
8 |
| 93-840, eff. 7-30-04; 94-329, eff. 1-1-06; 94-963, eff. |
9 |
| 6-28-06.)
|
|
|
|
HB3422 |
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LRB095 07788 DRH 27949 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 625 ILCS 5/1-209.2 new |
|
| 4 |
| 625 ILCS 5/1-209.3 new |
|
| 5 |
| 625 ILCS 5/6-205 |
from Ch. 95 1/2, par. 6-205 |
| 6 |
| 625 ILCS 5/6-206 |
from Ch. 95 1/2, par. 6-206 |
| 7 |
| 625 ILCS 5/6-206.2 |
|
| 8 |
| 625 ILCS 5/6-208 |
from Ch. 95 1/2, par. 6-208 |
| 9 |
| 625 ILCS 5/11-501 |
from Ch. 95 1/2, par. 11-501 |
|
|