Public Act 094-0116
 		





HB3816 Enrolled
LRB094 08656 DRH 38866 b






    AN ACT concerning transportation.

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


 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 11-501 as follows:
 
    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)

    Sec. 11-501. Driving while under the influence of alcohol, 
other drug or
drugs, intoxicating compound or compounds or any 
combination thereof.


    (a) A person shall not drive or be in actual
physical 
control of any vehicle within this State while:


        (1) the alcohol concentration in the person's blood or 
    breath is 0.08
or more based on the definition of blood and 
    breath units in Section 11-501.2;


        (2) under the influence of alcohol;


        (3) under the influence of any intoxicating compound or 
    combination of
intoxicating compounds to a degree that 
    renders the person incapable of
driving safely;


        (4) under the influence of any other drug or 
    combination of drugs to a
degree that renders the person 
    incapable of safely driving;


        (5) under the combined influence of alcohol, other drug 
    or drugs, or
intoxicating compound or compounds to a degree 
    that renders the person
incapable of safely driving; or


        (6) there is any amount of a drug, substance, or 
    compound in the
person's breath, blood, or urine resulting 
    from the unlawful use or consumption
of cannabis listed in 
    the Cannabis Control Act, a controlled substance listed
in 
    the Illinois Controlled Substances Act, or an intoxicating 
    compound listed
in the Use of Intoxicating Compounds Act.


    (b) The fact that any person charged with violating this 
Section is or
has been legally entitled to use alcohol, other 
drug or drugs, or
intoxicating compound or compounds, or any

combination thereof,  shall not constitute a defense against any 
charge of
violating this Section.


    (b-1) With regard to penalties imposed under this Section:

        (1) Any reference to a prior violation of subsection 
    (a) or a similar
provision includes any violation of a 
    provision of a local ordinance or a
provision of a law of 
    another state that is similar to a violation of
subsection 
    (a) of this Section.

        (2) Any penalty imposed for driving with a license that 
    has been revoked
for a previous violation of subsection (a) 
    of this Section shall be in
addition to the penalty imposed 
    for any subsequent violation of subsection (a).

    (b-2) Except as otherwise provided in this Section, any 
person convicted of
violating subsection (a) of this Section is 
guilty of a Class A misdemeanor.

    (b-3) In addition to any other criminal or administrative 
sanction for any
second conviction of violating subsection (a) 
or a similar provision committed
within 5 years of a previous 
violation of subsection (a) or a similar
provision, the 
defendant shall be sentenced to a mandatory minimum of 5 days 
of
imprisonment or assigned a mandatory minimum of 240 hours of 
community service
as may be determined by the court.

    (b-4) In the case of a third or subsequent violation 
committed within 5
years of a previous violation of subsection 
(a) or a similar provision, the defendant is guilty of a Class 
2 felony, and in
addition to any other criminal or 
administrative sanction, a mandatory minimum
term of either 10 
days of imprisonment or 480 hours of community service shall
be 
imposed.

    (b-5) The imprisonment or assignment of community service 
under subsections
(b-3) and (b-4) shall not be subject to 
suspension, nor shall the person be
eligible for a reduced 
sentence.


    (c) (Blank).



    (c-1) (1) A person who violates subsection (a)

during
a 
    period in which his
or her driving privileges are revoked 
    or suspended, where the revocation or
suspension was for a 
    violation of subsection (a), Section
11-501.1, paragraph 
    (b)
of Section 11-401, or for reckless homicide as defined 
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

    Class 4 felony.


        (2) A person who violates subsection (a) a third
time, 
    if the third violation occurs during a period in
which his 
    or her driving privileges are revoked or suspended where 
    the
revocation
or suspension was for a violation of 
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
    11-401, or for reckless homicide as defined in Section 9-3

    of the Criminal Code of 1961, is guilty of
a Class 2
Class 
    3 felony.
        (2.1) A person who violates subsection (a) a third 
    time, if the third
violation occurs during a period in 
    which his or her driving privileges are
revoked or 
    suspended where the revocation or suspension was for a 
    violation of
subsection (a), Section 11-501.1, subsection 
    (b) of Section 11-401, or for
reckless homicide as defined 
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
    Class 2
Class 3 felony; and if the
person receives a term 
    of
probation or conditional discharge, he or she shall be 
    required to serve a
mandatory
minimum of 10 days of 
    imprisonment or shall be assigned a mandatory minimum of

    480 hours of community service, as may be determined by the 
    court, as a
condition of the probation or conditional 
    discharge. This mandatory minimum
term of imprisonment or 
    assignment of community service shall not be suspended
or 
    reduced by the court.

        (2.2) A person who violates subsection (a), if the

    violation occurs during a period in which his or her 
    driving privileges are
revoked or suspended where the 
    revocation or suspension was for a violation of
subsection 
    (a) or Section 11-501.1, shall also be sentenced to an 
    additional
mandatory minimum term of 30 consecutive days of 
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
    720 hours of community service, as may be
determined by the 
    court.  This mandatory term of imprisonment or assignment of

    community service shall  not be suspended or reduced by the 
    court.


        (3) A person who violates subsection (a) a fourth or

    subsequent time, if the fourth or subsequent violation 
    occurs
during a period in which his
or her driving 
    privileges are revoked or suspended where the revocation
or 
    suspension was for a violation of subsection (a),
Section 
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
    homicide as defined in
Section 9-3
of
the Criminal Code of 
    1961, is guilty of
a Class 2 felony and is not eligible for 
    a sentence of probation or
conditional discharge.


        (4) A person who violates subsection (a) a fifth or 
    subsequent time is guilty of a Class 1 felony and is not 
    eligible for a sentence of probation or conditional 
    discharge.

    (c-2) (Blank).


    (c-3) (Blank).



    (c-4) (Blank).

    (c-5) A person who violates subsection (a), if the person 
was transporting
a person under the age of 16 at the time of 
the violation, is subject to an
additional mandatory minimum 
fine of $1,000, an additional mandatory minimum
140 hours of 
community service, which shall include 40 hours of community

service in a program benefiting children, and an additional 2 
days of
imprisonment. The imprisonment or assignment of 
community service under this
subsection (c-5) is not subject to 
suspension, nor is the person eligible for
a reduced sentence.

    (c-6) Except as provided in subsections (c-7) and (c-8) a 
person who
violates
subsection (a) a second time, if at the 
time of
the second violation the person was transporting a 
person under the age of 16,
is subject to an additional 10 days 
of imprisonment, an additional mandatory
minimum fine of 
$1,000, and an additional mandatory minimum 140 hours of

community service, which shall include 40 hours of community 
service in a
program benefiting children.
The imprisonment or 
assignment of community service under this subsection (c-6)
is 
not subject to suspension, nor is the person eligible for a 
reduced
sentence.

    (c-7) Except as provided in subsection (c-8), any person 
convicted of
violating subsection (c-6) or a similar
provision 
within 10 years of a previous violation of subsection (a) or a

similar provision shall receive, in addition to any other 
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
additional 40 hours of mandatory
community service in a program 
benefiting children, and a mandatory minimum
fine of $1,750. 
The imprisonment or assignment of community service under this

subsection (c-7) is not subject to suspension, nor is the 
person
eligible for a reduced sentence.

    (c-8) Any person convicted of violating subsection (c-6) or 
a similar
provision within 5 years of a previous violation of 
subsection (a) or a similar
provision shall receive, in 
addition to any other penalty imposed, an
additional 80 hours 
of mandatory community service in a program benefiting

children, an additional mandatory minimum 12 days of 
imprisonment, and a
mandatory minimum fine of $1,750. The 
imprisonment or assignment of community
service under this 
subsection (c-8) is not subject to suspension, nor
is the

person eligible for a reduced sentence.

    (c-9) Any person convicted a third time for violating 
subsection (a) or a
similar provision, if at the time of the 
third violation the person was
transporting a person under the 
age of 16, is guilty of a Class 2
Class 4 felony and shall

receive, in addition to any other
penalty imposed, an 
additional mandatory fine of $1,000, an additional
mandatory 
140 hours of community service, which shall include 40 hours in 
a
program benefiting children, and a mandatory minimum 30 days 
of imprisonment.
The imprisonment or assignment of community 
service under this subsection (c-9)
is not subject to 
suspension, nor is the person eligible for a reduced
sentence.

    (c-10) Any person convicted of violating subsection (c-9) 
or a similar
provision a third time within 20 years of a 
previous violation of subsection
(a) or a
similar provision is 
guilty of a Class 2
Class 4 felony and shall receive, in 
addition
to any other penalty imposed, an additional mandatory 
40 hours of community
service in a program benefiting children, 
an additional mandatory fine of

$3,000
$3000, and a mandatory 
minimum 120 days of imprisonment. The imprisonment or

assignment of community service under this subsection (c-10) is 
not subject to
suspension, nor is the person eligible for a 
reduced sentence.

    (c-11) Any person convicted a fourth or subsequent time for 
violating
subsection (a) or a similar provision, if at the time 
of the fourth or
subsequent violation the person was 
transporting a person under the age of 16,
and if the person's 
3 prior violations of subsection (a) or a similar provision

occurred while transporting a person under the age of 16 or 
while the alcohol
concentration in his or her blood, breath, or 
urine was 0.16 or more based
on the definition of blood, 
breath, or urine units in Section 11-501.2, is
guilty of a 
Class 2 felony, is not eligible for probation or conditional

discharge, and is subject to a minimum fine of $3,000.

    (c-12) Any person convicted of a first violation of 
subsection (a) or a
similar provision, if the alcohol 
concentration in his or her blood, breath, or
urine was 0.16 or 
more based on the definition of blood, breath, or urine
units 
in Section 11-501.2, shall be subject, in addition to any other 
penalty
that may be imposed, to a mandatory minimum of 100 
hours of community service
and a mandatory minimum fine of 
$500.

    (c-13) Any person convicted of a second violation of 
subsection (a) or a similar provision committed within 10 years 
of a previous violation of subsection (a) or a similar 
provision committed within 10 years of a previous violation of 
subsection (a) or a similar provision, if at the time of the 
second violation of subsection (a) the
alcohol concentration in 
his or her blood, breath, or urine was 0.16 or more
based on 
the definition of blood, breath, or urine units in Section 
11-501.2,
shall be
subject, in addition to any other penalty 
that may be imposed, to a mandatory
minimum of 2 days of 
imprisonment and a mandatory minimum fine of $1,250.

    (c-14) Any person convicted of a third violation of 
subsection (a) or a
similar provision within 20 years of a 
previous violation of subsection (a) or
a
similar provision, if 
at the time of the third violation of subsection (a) or a

similar provision the alcohol concentration in his or her 
blood, breath, or
urine was 0.16 or more based on the 
definition of blood, breath, or urine units
in Section 
11-501.2, is guilty of a Class 2
Class 4 felony and shall be 
subject, in
addition to any other penalty that may be imposed, 
to a mandatory minimum of
90 days of imprisonment and a 
mandatory minimum fine of $2,500.

    (c-15) Any person convicted of a fourth or subsequent

violation of
subsection
(a) or a similar provision, if at the 
time of the fourth or subsequent
violation the alcohol 
concentration in his or her blood, breath, or urine was
0.16 or 
more based on the definition of blood, breath, or urine units 
in
Section 11-501.2, and if the person's 3 prior violations of 
subsection (a) or a
similar provision occurred while 
transporting a person under the age of 16 or
while the alcohol 
concentration in his or her blood, breath, or urine was 0.16
or 
more based on the definition of blood, breath, or urine units 
in Section
11-501.2, is guilty of a Class 2 felony and is not 
eligible for a sentence of
probation or conditional discharge 
and is subject to a minimum fine of
$2,500.


    (d) (1) Every person convicted of committing a violation of 
    this Section
shall be guilty of aggravated driving under 
    the influence of alcohol,
other drug or drugs, or 
    intoxicating compound or compounds, or any combination

    thereof if:


            (A) the person committed a violation of subsection 
        (a) or a similar
provision for the
third or subsequent 
        time;


            (B) the person committed a violation of subsection 
        (a)
while
driving a school bus with persons 18 years of 
        age or younger

on board;


            (C) the person in committing a violation of 
        subsection
(a) was
involved in a motor vehicle accident 
        that resulted in great bodily harm or
permanent 
        disability or disfigurement to another, when the 
        violation was
a proximate cause of the injuries;


            (D) the person committed a violation of subsection 
        (a)
for a
second time and has been previously convicted 
        of violating Section 9-3 of the
Criminal Code of 1961 
        or a similar provision of a law of another state 
        relating to reckless homicide in which the person was

        determined to have been under the influence of alcohol, 
        other drug or
drugs, or intoxicating compound or 
        compounds as an element of the offense or
the person 
        has previously been convicted
under subparagraph (C) 
        or subparagraph (F) of this paragraph (1);


            (E) the person, in committing a violation of 
        subsection (a) while
driving at any speed in a school 
        speed zone at a time when a speed limit of
20 miles per 
        hour was in effect under subsection (a) of Section 
        11-605 of
this Code, was involved in a motor vehicle 
        accident that resulted in bodily
harm, other than great 
        bodily harm or permanent disability or disfigurement,

        to another person, when the violation of subsection (a) 
        was a
proximate cause
of the bodily harm; or


            (F) the person, in committing a violation of 
        subsection (a), was
involved in a motor vehicle, 
        snowmobile, all-terrain vehicle, or watercraft

        accident that resulted in
the death of another person, 
        when the violation of subsection
(a) was
a proximate 
        cause of the death.


        (2) Except as provided in this paragraph (2) and in 
    paragraphs (3) and (4) of subsection (c-1), a person 
    convicted of
aggravated driving under
the
influence of 
    alcohol, other drug or
drugs,
or intoxicating compound or 
    compounds, or any
combination thereof is guilty of a Class 
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
    (1) of this subsection (d), the defendant, if sentenced to 
    a term
of imprisonment, shall be sentenced
to not less than

    one year nor more than 12 years.
Except as provided in 
    paragraph (4) of subsection (c-1), aggravated driving 
    under the influence of alcohol, other drug, or drugs, 
    intoxicating compounds or compounds, or any combination 
    thereof as defined in subparagraph (A) of paragraph (1) of 
    this subsection (d) is a Class 2 felony. Aggravated driving 
    under the influence of alcohol, other drug or drugs,
or 
    intoxicating compound or compounds, or any combination 
    thereof as
defined in subparagraph (F) of paragraph (1) of 
    this subsection (d) is
a Class 2 felony, for which the 
    defendant, if sentenced to a term of
imprisonment, shall be 
    sentenced to: (A) a
term of imprisonment of not less than 3 
    years and not more
than 14 years if the violation resulted 
    in the death of one person; or
(B) a term of imprisonment 
    of not less than 6 years and not
more than 28 years if the 
    violation resulted in the deaths of 2 or more
persons.
For 
    any prosecution under this subsection
(d), a certified copy 
    of the
driving abstract of the defendant shall be admitted 
    as proof of any prior
conviction.
Any person sentenced 
    under this subsection (d) who receives a term of
probation

    or conditional discharge must serve a minimum term of 
    either 480 hours of
community service or 10 days of 
    imprisonment as a condition of the probation or
conditional 
    discharge. This mandatory minimum term of imprisonment or

    assignment of community service may not be suspended or 
    reduced by the court.


    (e) After a finding of guilt and prior to any final 
sentencing, or an
order for supervision, for an offense based 
upon an arrest for a
violation of this Section or a similar 
provision of a local ordinance,
individuals shall be required 
to undergo a professional evaluation to
determine if an 
alcohol, drug, or intoxicating compound abuse problem exists

and the
extent of the problem, and undergo the imposition of 
treatment as appropriate.
Programs conducting these 
evaluations shall be
licensed by the Department of Human 
Services.  The cost of any professional
evaluation shall be paid 
for by the
individual
required to undergo the professional 
evaluation.


    (e-1) Any person who is found guilty of or pleads guilty to 
violating this
Section, including any person receiving a 
disposition of court supervision for
violating this Section, 
may be required by the Court to attend a victim
impact panel 
offered by, or under contract with, a County State's Attorney's

office, a probation and court services department, Mothers 
Against Drunk
Driving,
or the Alliance Against Intoxicated 
Motorists.
All costs generated by
the victim impact panel shall 
be paid from fees collected from the
offender or as may be 
determined by the court.


    (f) Every person found guilty of violating this Section, 
whose
operation of a motor vehicle while in violation of this 
Section proximately
caused any incident resulting in an 
appropriate emergency response, shall
be liable for the expense 
of an emergency response as provided under
Section 5-5-3 of the 
Unified Code of Corrections.


    (g) The Secretary of State shall revoke the driving 
privileges of any
person convicted under this Section or a 
similar provision of a local
ordinance.


    (h) (Blank).



    (i) The Secretary of State shall require the use of 
ignition interlock
devices on all vehicles owned by an 
individual who has been convicted of a
second
or subsequent 
offense of this Section or a similar provision of a local

ordinance.  The Secretary shall establish by rule and regulation 
the procedures
for certification and use of the interlock 
system.


    (j) In addition to any other penalties and liabilities, a 
person who is
found guilty of or pleads guilty to violating 
subsection (a), including any
person placed on court 
supervision for violating subsection (a), shall be fined
$500, 
payable to the
circuit clerk, who shall distribute the money as 
follows: 20% to the law enforcement agency
that made the arrest 
and 80% shall be forwarded to the State Treasurer for deposit 
into the General Revenue Fund.  If the person has been 
previously convicted of violating
subsection (a) or a similar 
provision of a local
ordinance, the fine shall be
$1,000.  In 
the event that more than one agency is responsible
for the 
arrest, the amount payable to law enforcement agencies  shall be 
shared equally.  Any moneys received
by a law
enforcement agency 
under this subsection (j) shall be used to purchase law

enforcement equipment that will assist in the prevention of 
alcohol related
criminal violence throughout the State.  This 
shall include, but is not limited
to, in-car video cameras, 
radar and laser speed detection devices, and alcohol
breath 
testers.
Any moneys received by the Department of State Police 
under this subsection
(j) shall be deposited into the State 
Police DUI Fund and shall be used to
purchase law enforcement 
equipment that will assist in the prevention of
alcohol related 
criminal violence throughout the State.


    (k) The Secretary of State Police DUI Fund is created as a 
special
fund in the State treasury. All moneys received by the 
Secretary of State
Police under subsection (j) of this Section 
shall be deposited into the
Secretary of State Police DUI Fund 
and, subject to appropriation, shall be
used to purchase law 
enforcement equipment to assist in the prevention of
alcohol 
related criminal violence throughout the State.


    (l) Whenever an individual is sentenced for an offense 
based upon an
arrest for a violation of subsection (a) or a 
similar provision of a local
ordinance, and the professional 
evaluation recommends remedial or
rehabilitative treatment or 
education, neither the treatment nor the education
shall be the 
sole disposition and either or both may be imposed only in

conjunction with another disposition. The court shall monitor 
compliance with
any remedial education or treatment 
recommendations contained in the
professional evaluation. 
Programs conducting alcohol or other drug evaluation
or 
remedial education must be licensed by the Department of Human 
Services. If
the individual is not a resident of Illinois, 
however, the court may accept an
alcohol or other drug 
evaluation or remedial education program in the
individual's 
state of residence.  Programs providing treatment must be 
licensed
under existing applicable alcoholism and drug 
treatment licensure standards.

    (m) In addition to any other fine or penalty required by 
law, an individual
convicted of a violation of subsection (a), 
Section 5-7 of the Snowmobile
Registration and Safety Act, 
Section 5-16 of the Boat Registration and Safety
Act, or a 
similar provision, whose operation of a motor vehicle, 
snowmobile, or
watercraft while in
violation of subsection (a), 
Section 5-7 of the Snowmobile Registration and
Safety Act, 
Section 5-16 of the Boat Registration and Safety Act, or a 
similar
provision proximately caused an incident resulting in 
an appropriate emergency
response, shall be required to make 
restitution to a public agency for the
costs of that emergency 
response. The restitution may not exceed $1,000 per
public 
agency for each emergency response. As used in this subsection 
(m),
"emergency response" means any incident requiring a 
response by a police
officer, a firefighter carried on the 
rolls of a regularly constituted fire
department, or an 
ambulance.


(Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; 
92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; 
92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff. 
7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, 
eff. 1-1-05; 93-840, eff. 7-30-04; revised 1-13-05.)