101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3403

 

Introduced , by Rep. Karina Villa

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-205
625 ILCS 5/11-501  from Ch. 95 1/2, par. 11-501
625 ILCS 5/11-501.01

    Amends the Illinois Vehicle Code. Provides that the Secretary of State shall require the use of ignition interlock devices for a period not less than 5 years on all vehicles owned by a person who has been convicted of a first (rather than second or subsequent) offense for driving under the influence.


LRB101 10489 TAE 55595 b

 

 

A BILL FOR

 

HB3403LRB101 10489 TAE 55595 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-205, 11-501, and 11-501.01 as follows:
 
6    (625 ILCS 5/6-205)
7    Sec. 6-205. Mandatory revocation of license or permit;
8hardship cases.
9    (a) Except as provided in this Section, the Secretary of
10State shall immediately revoke the license, permit, or driving
11privileges of any driver upon receiving a report of the
12driver's conviction of any of the following offenses:
13        1. Reckless homicide resulting from the operation of a
14    motor vehicle;
15        2. Violation of Section 11-501 of this Code or a
16    similar provision of a local ordinance relating to the
17    offense of operating or being in physical control of a
18    vehicle while under the influence of alcohol, other drug or
19    drugs, intoxicating compound or compounds, or any
20    combination thereof;
21        3. Any felony under the laws of any State or the
22    federal government in the commission of which a motor
23    vehicle was used;

 

 

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1        4. Violation of Section 11-401 of this Code relating to
2    the offense of leaving the scene of a traffic accident
3    involving death or personal injury;
4        5. Perjury or the making of a false affidavit or
5    statement under oath to the Secretary of State under this
6    Code or under any other law relating to the ownership or
7    operation of motor vehicles;
8        6. Conviction upon 3 charges of violation of Section
9    11-503 of this Code relating to the offense of reckless
10    driving committed within a period of 12 months;
11        7. Conviction of any offense defined in Section 4-102
12    of this Code;
13        8. Violation of Section 11-504 of this Code relating to
14    the offense of drag racing;
15        9. Violation of Chapters 8 and 9 of this Code;
16        10. Violation of Section 12-5 of the Criminal Code of
17    1961 or the Criminal Code of 2012 arising from the use of a
18    motor vehicle;
19        11. Violation of Section 11-204.1 of this Code relating
20    to aggravated fleeing or attempting to elude a peace
21    officer;
22        12. Violation of paragraph (1) of subsection (b) of
23    Section 6-507, or a similar law of any other state,
24    relating to the unlawful operation of a commercial motor
25    vehicle;
26        13. Violation of paragraph (a) of Section 11-502 of

 

 

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1    this Code or a similar provision of a local ordinance if
2    the driver has been previously convicted of a violation of
3    that Section or a similar provision of a local ordinance
4    and the driver was less than 21 years of age at the time of
5    the offense;
6        14. Violation of paragraph (a) of Section 11-506 of
7    this Code or a similar provision of a local ordinance
8    relating to the offense of street racing;
9        15. A second or subsequent conviction of driving while
10    the person's driver's license, permit or privileges was
11    revoked for reckless homicide or a similar out-of-state
12    offense;
13        16. Any offense against any provision in this Code, or
14    any local ordinance, regulating the movement of traffic
15    when that offense was the proximate cause of the death of
16    any person. Any person whose driving privileges have been
17    revoked pursuant to this paragraph may seek to have the
18    revocation terminated or to have the length of revocation
19    reduced by requesting an administrative hearing with the
20    Secretary of State prior to the projected driver's license
21    application eligibility date;
22        17. Violation of subsection (a-2) of Section 11-1301.3
23    of this Code or a similar provision of a local ordinance;
24        18. A second or subsequent conviction of illegal
25    possession, while operating or in actual physical control,
26    as a driver, of a motor vehicle, of any controlled

 

 

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1    substance prohibited under the Illinois Controlled
2    Substances Act, any cannabis prohibited under the Cannabis
3    Control Act, or any methamphetamine prohibited under the
4    Methamphetamine Control and Community Protection Act. A
5    defendant found guilty of this offense while operating a
6    motor vehicle shall have an entry made in the court record
7    by the presiding judge that this offense did occur while
8    the defendant was operating a motor vehicle and order the
9    clerk of the court to report the violation to the Secretary
10    of State;
11        19. Violation of subsection (a) of Section 11-1414 of
12    this Code, or a similar provision of a local ordinance,
13    relating to the offense of overtaking or passing of a
14    school bus when the driver, in committing the violation, is
15    involved in a motor vehicle accident that results in death
16    to another and the violation is a proximate cause of the
17    death.
18    (b) The Secretary of State shall also immediately revoke
19the license or permit of any driver in the following
20situations:
21        1. Of any minor upon receiving the notice provided for
22    in Section 5-901 of the Juvenile Court Act of 1987 that the
23    minor has been adjudicated under that Act as having
24    committed an offense relating to motor vehicles prescribed
25    in Section 4-103 of this Code;
26        2. Of any person when any other law of this State

 

 

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1    requires either the revocation or suspension of a license
2    or permit;
3        3. Of any person adjudicated under the Juvenile Court
4    Act of 1987 based on an offense determined to have been
5    committed in furtherance of the criminal activities of an
6    organized gang as provided in Section 5-710 of that Act,
7    and that involved the operation or use of a motor vehicle
8    or the use of a driver's license or permit. The revocation
9    shall remain in effect for the period determined by the
10    court.
11    (c)(1) Whenever a person is convicted of any of the
12offenses enumerated in this Section, the court may recommend
13and the Secretary of State in his discretion, without regard to
14whether the recommendation is made by the court may, upon
15application, issue to the person a restricted driving permit
16granting the privilege of driving a motor vehicle between the
17petitioner's residence and petitioner's place of employment or
18within the scope of the petitioner's employment related duties,
19or to allow the petitioner to transport himself or herself or a
20family member of the petitioner's household to a medical
21facility for the receipt of necessary medical care or to allow
22the petitioner to transport himself or herself to and from
23alcohol or drug remedial or rehabilitative activity
24recommended by a licensed service provider, or to allow the
25petitioner to transport himself or herself or a family member
26of the petitioner's household to classes, as a student, at an

 

 

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1accredited educational institution, or to allow the petitioner
2to transport children, elderly persons, or persons with
3disabilities who do not hold driving privileges and are living
4in the petitioner's household to and from daycare; if the
5petitioner is able to demonstrate that no alternative means of
6transportation is reasonably available and that the petitioner
7will not endanger the public safety or welfare; provided that
8the Secretary's discretion shall be limited to cases where
9undue hardship, as defined by the rules of the Secretary of
10State, would result from a failure to issue the restricted
11driving permit.
12    (1.5) A person subject to the provisions of paragraph 4 of
13subsection (b) of Section 6-208 of this Code may make
14application for a restricted driving permit at a hearing
15conducted under Section 2-118 of this Code after the expiration
16of 5 years from the effective date of the most recent
17revocation, or after 5 years from the date of release from a
18period of imprisonment resulting from a conviction of the most
19recent offense, whichever is later, provided the person, in
20addition to all other requirements of the Secretary, shows by
21clear and convincing evidence:
22        (A) a minimum of 3 years of uninterrupted abstinence
23    from alcohol and the unlawful use or consumption of
24    cannabis under the Cannabis Control Act, a controlled
25    substance under the Illinois Controlled Substances Act, an
26    intoxicating compound under the Use of Intoxicating

 

 

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1    Compounds Act, or methamphetamine under the
2    Methamphetamine Control and Community Protection Act; and
3        (B) the successful completion of any rehabilitative
4    treatment and involvement in any ongoing rehabilitative
5    activity that may be recommended by a properly licensed
6    service provider according to an assessment of the person's
7    alcohol or drug use under Section 11-501.01 of this Code.
8    In determining whether an applicant is eligible for a
9restricted driving permit under this paragraph (1.5), the
10Secretary may consider any relevant evidence, including, but
11not limited to, testimony, affidavits, records, and the results
12of regular alcohol or drug tests. Persons subject to the
13provisions of paragraph 4 of subsection (b) of Section 6-208 of
14this Code and who have been convicted of more than one
15violation of paragraph (3), paragraph (4), or paragraph (5) of
16subsection (a) of Section 11-501 of this Code shall not be
17eligible to apply for a restricted driving permit.
18    A restricted driving permit issued under this paragraph
19(1.5) shall provide that the holder may only operate motor
20vehicles equipped with an ignition interlock device as required
21under paragraph (2) of subsection (c) of this Section and
22subparagraph (A) of paragraph 3 of subsection (c) of Section
236-206 of this Code. The Secretary may revoke a restricted
24driving permit or amend the conditions of a restricted driving
25permit issued under this paragraph (1.5) if the holder operates
26a vehicle that is not equipped with an ignition interlock

 

 

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1device, or for any other reason authorized under this Code.
2    A restricted driving permit issued under this paragraph
3(1.5) shall be revoked, and the holder barred from applying for
4or being issued a restricted driving permit in the future, if
5the holder is subsequently convicted of a violation of Section
611-501 of this Code, a similar provision of a local ordinance,
7or a similar offense in another state.
8    (2) If a person's license or permit is revoked or suspended
9due to a violation of 2 or more convictions of violating
10Section 11-501 of this Code or a similar provision of a local
11ordinance or a similar out-of-state offense, or Section 9-3 of
12the Criminal Code of 1961 or the Criminal Code of 2012, where
13the use of alcohol or other drugs is recited as an element of
14the offense, or a similar out-of-state offense, or a
15combination of these offenses, arising out of separate
16occurrences, that person, if issued a restricted driving
17permit, may not operate a vehicle unless it has been equipped
18with an ignition interlock device as defined in Section
191-129.1.
20    (3) If:
21        (A) a person's license or permit is revoked or
22    suspended 2 or more times due to any combination of:
23            (i) a single conviction of violating Section
24        11-501 of this Code or a similar provision of a local
25        ordinance or a similar out-of-state offense, or
26        Section 9-3 of the Criminal Code of 1961 or the

 

 

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1        Criminal Code of 2012, where the use of alcohol or
2        other drugs is recited as an element of the offense, or
3        a similar out-of-state offense; or
4            (ii) a statutory summary suspension or revocation
5        under Section 11-501.1; or
6            (iii) a suspension pursuant to Section 6-203.1;
7    arising out of separate occurrences; or
8        (B) a person has been convicted of one violation of
9    subparagraph (C) or (F) of paragraph (1) of subsection (d)
10    of Section 11-501 of this Code, Section 9-3 of the Criminal
11    Code of 1961 or the Criminal Code of 2012, relating to the
12    offense of reckless homicide where the use of alcohol or
13    other drugs was recited as an element of the offense, or a
14    similar provision of a law of another state;
15that person, if issued a restricted driving permit, may not
16operate a vehicle unless it has been equipped with an ignition
17interlock device as defined in Section 1-129.1.
18    (4) The person issued a permit conditioned on the use of an
19ignition interlock device must pay to the Secretary of State
20DUI Administration Fund an amount not to exceed $30 per month.
21The Secretary shall establish by rule the amount and the
22procedures, terms, and conditions relating to these fees.
23    (5) If the restricted driving permit is issued for
24employment purposes, then the prohibition against operating a
25motor vehicle that is not equipped with an ignition interlock
26device does not apply to the operation of an occupational

 

 

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1vehicle owned or leased by that person's employer when used
2solely for employment purposes. For any person who, within a
35-year period, is convicted of a second or subsequent offense
4under Section 11-501 of this Code, or a similar provision of a
5local ordinance or similar out-of-state offense, this
6employment exemption does not apply until either a one-year
7period has elapsed during which that person had his or her
8driving privileges revoked or a one-year period has elapsed
9during which that person had a restricted driving permit which
10required the use of an ignition interlock device on every motor
11vehicle owned or operated by that person.
12    (6) In each case the Secretary of State may issue a
13restricted driving permit for a period he deems appropriate,
14except that the permit shall expire no later than 2 years from
15the date of issuance. A restricted driving permit issued under
16this Section shall be subject to cancellation, revocation, and
17suspension by the Secretary of State in like manner and for
18like cause as a driver's license issued under this Code may be
19cancelled, revoked, or suspended; except that a conviction upon
20one or more offenses against laws or ordinances regulating the
21movement of traffic shall be deemed sufficient cause for the
22revocation, suspension, or cancellation of a restricted
23driving permit. The Secretary of State may, as a condition to
24the issuance of a restricted driving permit, require the
25petitioner to participate in a designated driver remedial or
26rehabilitative program. The Secretary of State is authorized to

 

 

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1cancel a restricted driving permit if the permit holder does
2not successfully complete the program. However, if an
3individual's driving privileges have been revoked in
4accordance with paragraph 13 of subsection (a) of this Section,
5no restricted driving permit shall be issued until the
6individual has served 6 months of the revocation period.
7    (c-5) (Blank).
8    (c-6) If a person is convicted of a second violation of
9operating a motor vehicle while the person's driver's license,
10permit or privilege was revoked, where the revocation was for a
11violation of Section 9-3 of the Criminal Code of 1961 or the
12Criminal Code of 2012 relating to the offense of reckless
13homicide or a similar out-of-state offense, the person's
14driving privileges shall be revoked pursuant to subdivision
15(a)(15) of this Section. The person may not make application
16for a license or permit until the expiration of five years from
17the effective date of the revocation or the expiration of five
18years from the date of release from a term of imprisonment,
19whichever is later.
20    (c-7) If a person is convicted of a third or subsequent
21violation of operating a motor vehicle while the person's
22driver's license, permit or privilege was revoked, where the
23revocation was for a violation of Section 9-3 of the Criminal
24Code of 1961 or the Criminal Code of 2012 relating to the
25offense of reckless homicide or a similar out-of-state offense,
26the person may never apply for a license or permit.

 

 

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1    (d)(1) Whenever a person under the age of 21 is convicted
2under Section 11-501 of this Code or a similar provision of a
3local ordinance or a similar out-of-state offense, the
4Secretary of State shall revoke the driving privileges of that
5person. One year after the date of revocation, and upon
6application, the Secretary of State may, if satisfied that the
7person applying will not endanger the public safety or welfare,
8issue a restricted driving permit granting the privilege of
9driving a motor vehicle only between the hours of 5 a.m. and 9
10p.m. or as otherwise provided by this Section for a period of
11one year. After this one-year period, and upon reapplication
12for a license as provided in Section 6-106, upon payment of the
13appropriate reinstatement fee provided under paragraph (b) of
14Section 6-118, the Secretary of State, in his discretion, may
15reinstate the petitioner's driver's license and driving
16privileges, or extend the restricted driving permit as many
17times as the Secretary of State deems appropriate, by
18additional periods of not more than 24 months each.
19        (2) If a person's license or permit is revoked or
20    suspended due to 2 or more convictions of violating Section
21    11-501 of this Code or a similar provision of a local
22    ordinance or a similar out-of-state offense, or Section 9-3
23    of the Criminal Code of 1961 or the Criminal Code of 2012,
24    where the use of alcohol or other drugs is recited as an
25    element of the offense, or a similar out-of-state offense,
26    or a combination of these offenses, arising out of separate

 

 

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1    occurrences, that person, if issued a restricted driving
2    permit, may not operate a vehicle unless it has been
3    equipped with an ignition interlock device as defined in
4    Section 1-129.1.
5        (3) If a person's license or permit is revoked or
6    suspended 2 or more times due to any combination of:
7            (A) a single conviction of violating Section
8        11-501 of this Code or a similar provision of a local
9        ordinance or a similar out-of-state offense, or
10        Section 9-3 of the Criminal Code of 1961 or the
11        Criminal Code of 2012, where the use of alcohol or
12        other drugs is recited as an element of the offense, or
13        a similar out-of-state offense; or
14            (B) a statutory summary suspension or revocation
15        under Section 11-501.1; or
16            (C) a suspension pursuant to Section 6-203.1;
17    arising out of separate occurrences, that person, if issued
18    a restricted driving permit, may not operate a vehicle
19    unless it has been equipped with an ignition interlock
20    device as defined in Section 1-129.1.
21        (3.5) If a person's license or permit is revoked or
22    suspended due to a conviction for a violation of
23    subparagraph (C) or (F) of paragraph (1) of subsection (d)
24    of Section 11-501 of this Code, or a similar provision of a
25    local ordinance or similar out-of-state offense, that
26    person, if issued a restricted driving permit, may not

 

 

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1    operate a vehicle unless it has been equipped with an
2    ignition interlock device as defined in Section 1-129.1.
3        (4) The person issued a permit conditioned upon the use
4    of an interlock device must pay to the Secretary of State
5    DUI Administration Fund an amount not to exceed $30 per
6    month. The Secretary shall establish by rule the amount and
7    the procedures, terms, and conditions relating to these
8    fees.
9        (5) If the restricted driving permit is issued for
10    employment purposes, then the prohibition against driving
11    a vehicle that is not equipped with an ignition interlock
12    device does not apply to the operation of an occupational
13    vehicle owned or leased by that person's employer when used
14    solely for employment purposes. For any person who, within
15    a 5-year period, is convicted of a second or subsequent
16    offense under Section 11-501 of this Code, or a similar
17    provision of a local ordinance or similar out-of-state
18    offense, this employment exemption does not apply until
19    either a one-year period has elapsed during which that
20    person had his or her driving privileges revoked or a
21    one-year period has elapsed during which that person had a
22    restricted driving permit which required the use of an
23    ignition interlock device on every motor vehicle owned or
24    operated by that person.
25        (6) A restricted driving permit issued under this
26    Section shall be subject to cancellation, revocation, and

 

 

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1    suspension by the Secretary of State in like manner and for
2    like cause as a driver's license issued under this Code may
3    be cancelled, revoked, or suspended; except that a
4    conviction upon one or more offenses against laws or
5    ordinances regulating the movement of traffic shall be
6    deemed sufficient cause for the revocation, suspension, or
7    cancellation of a restricted driving permit.
8    (d-5) The revocation of the license, permit, or driving
9privileges of a person convicted of a third or subsequent
10violation of Section 6-303 of this Code committed while his or
11her driver's license, permit, or privilege was revoked because
12of a violation of Section 9-3 of the Criminal Code of 1961 or
13the Criminal Code of 2012, relating to the offense of reckless
14homicide, or a similar provision of a law of another state, is
15permanent. The Secretary may not, at any time, issue a license
16or permit to that person.
17    (e) This Section is subject to the provisions of the Driver
18License Compact.
19    (f) Any revocation imposed upon any person under
20subsections 2 and 3 of paragraph (b) that is in effect on
21December 31, 1988 shall be converted to a suspension for a like
22period of time.
23    (g) The Secretary of State shall not issue a restricted
24driving permit to a person under the age of 16 years whose
25driving privileges have been revoked under any provisions of
26this Code.

 

 

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1    (h) The Secretary of State shall require the use of
2ignition interlock devices for a period not less than 5 years
3on all vehicles owned by a person who has been convicted of a
4second or subsequent offense under Section 11-501 of this Code
5or a similar provision of a local ordinance. The person must
6pay to the Secretary of State DUI Administration Fund an amount
7not to exceed $30 for each month that he or she uses the
8device. The Secretary shall establish by rule and regulation
9the procedures for certification and use of the interlock
10system, the amount of the fee, and the procedures, terms, and
11conditions relating to these fees. During the time period in
12which a person is required to install an ignition interlock
13device under this subsection (h), that person shall only
14operate vehicles in which ignition interlock devices have been
15installed, except as allowed by subdivision (c)(5) or (d)(5) of
16this Section.
17    (i) (Blank).
18    (j) In accordance with 49 C.F.R. 384, the Secretary of
19State may not issue a restricted driving permit for the
20operation of a commercial motor vehicle to a person holding a
21CDL whose driving privileges have been revoked, suspended,
22cancelled, or disqualified under any provisions of this Code.
23    (k) The Secretary of State shall notify by mail any person
24whose driving privileges have been revoked under paragraph 16
25of subsection (a) of this Section that his or her driving
26privileges and driver's license will be revoked 90 days from

 

 

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1the date of the mailing of the notice.
2(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
399-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
499-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. 7-28-16;
5100-223, eff. 8-18-17; 100-803, eff. 1-1-19.)
 
6    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
7    Sec. 11-501. Driving while under the influence of alcohol,
8other drug or drugs, intoxicating compound or compounds or any
9combination thereof.
10    (a) A person shall not drive or be in actual physical
11control of any vehicle within this State while:
12        (1) the alcohol concentration in the person's blood,
13    other bodily substance, or breath is 0.08 or more based on
14    the definition of blood and breath units in Section
15    11-501.2;
16        (2) under the influence of alcohol;
17        (3) under the influence of any intoxicating compound or
18    combination of intoxicating compounds to a degree that
19    renders the person incapable of driving safely;
20        (4) under the influence of any other drug or
21    combination of drugs to a degree that renders the person
22    incapable of safely driving;
23        (5) under the combined influence of alcohol, other drug
24    or drugs, or intoxicating compound or compounds to a degree
25    that renders the person incapable of safely driving;

 

 

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1        (6) there is any amount of a drug, substance, or
2    compound in the person's breath, blood, other bodily
3    substance, or urine resulting from the unlawful use or
4    consumption of a controlled substance listed in the
5    Illinois Controlled Substances Act, an intoxicating
6    compound listed in the Use of Intoxicating Compounds Act,
7    or methamphetamine as listed in the Methamphetamine
8    Control and Community Protection Act; or
9        (7) the person has, within 2 hours of driving or being
10    in actual physical control of a vehicle, a
11    tetrahydrocannabinol concentration in the person's whole
12    blood or other bodily substance as defined in paragraph 6
13    of subsection (a) of Section 11-501.2 of this Code. Subject
14    to all other requirements and provisions under this
15    Section, this paragraph (7) does not apply to the lawful
16    consumption of cannabis by a qualifying patient licensed
17    under the Compassionate Use of Medical Cannabis Pilot
18    Program Act who is in possession of a valid registry card
19    issued under that Act, unless that person is impaired by
20    the use of cannabis.
21    (b) The fact that any person charged with violating this
22Section is or has been legally entitled to use alcohol,
23cannabis under the Compassionate Use of Medical Cannabis Pilot
24Program Act, other drug or drugs, or intoxicating compound or
25compounds, or any combination thereof, shall not constitute a
26defense against any charge of violating this Section.

 

 

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1    (c) Penalties.
2        (1) Except as otherwise provided in this Section, any
3    person convicted of violating subsection (a) of this
4    Section is guilty of a Class A misdemeanor.
5        (2) A person who violates subsection (a) or a similar
6    provision a second time shall be sentenced to a mandatory
7    minimum term of either 5 days of imprisonment or 240 hours
8    of community service in addition to any other criminal or
9    administrative sanction.
10        (3) A person who violates subsection (a) is subject to
11    6 months of imprisonment, an additional mandatory minimum
12    fine of $1,000, and 25 days of community service in a
13    program benefiting children if the person was transporting
14    a person under the age of 16 at the time of the violation.
15        (4) A person who violates subsection (a) a first time,
16    if the alcohol concentration in his or her blood, breath,
17    other bodily substance, or urine was 0.16 or more based on
18    the definition of blood, breath, other bodily substance, or
19    urine units in Section 11-501.2, shall be subject, in
20    addition to any other penalty that may be imposed, to a
21    mandatory minimum of 100 hours of community service and a
22    mandatory minimum fine of $500.
23        (5) A person who violates subsection (a) a second time,
24    if at the time of the second violation the alcohol
25    concentration in his or her blood, breath, other bodily
26    substance, or urine was 0.16 or more based on the

 

 

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1    definition of blood, breath, other bodily substance, 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 2 days of imprisonment and a mandatory
5    minimum fine of $1,250.
6        (6) A person who violates subsection (a) a first time
7    shall be required to use an ignition interlock device for 5
8    years on any vehicle operated by the person.
9    (d) Aggravated driving under the influence of alcohol,
10other drug or drugs, or intoxicating compound or compounds, or
11any combination thereof.
12        (1) Every person convicted of committing a violation of
13    this Section shall be guilty of aggravated driving under
14    the influence of alcohol, other drug or drugs, or
15    intoxicating compound or compounds, or any combination
16    thereof if:
17            (A) the person committed a violation of subsection
18        (a) or a similar provision for the third or subsequent
19        time;
20            (B) the person committed a violation of subsection
21        (a) while driving a school bus with one or more
22        passengers on board;
23            (C) the person in committing a violation of
24        subsection (a) was involved in a motor vehicle accident
25        that resulted in great bodily harm or permanent
26        disability or disfigurement to another, when the

 

 

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1        violation was a proximate cause of the injuries;
2            (D) the person committed a violation of subsection
3        (a) and has been previously convicted of violating
4        Section 9-3 of the Criminal Code of 1961 or the
5        Criminal Code of 2012 or a similar provision of a law
6        of another state relating to reckless homicide in which
7        the person was determined to have been under the
8        influence of alcohol, other drug or drugs, or
9        intoxicating compound or compounds as an element of the
10        offense or the person has previously been convicted
11        under subparagraph (C) or subparagraph (F) of this
12        paragraph (1);
13            (E) the person, in committing a violation of
14        subsection (a) while driving at any speed in a school
15        speed zone at a time when a speed limit of 20 miles per
16        hour was in effect under subsection (a) of Section
17        11-605 of this Code, was involved in a motor vehicle
18        accident that resulted in bodily harm, other than great
19        bodily harm or permanent disability or disfigurement,
20        to another person, when the violation of subsection (a)
21        was a proximate cause of the bodily harm;
22            (F) the person, in committing a violation of
23        subsection (a), was involved in a motor vehicle,
24        snowmobile, all-terrain vehicle, or watercraft
25        accident that resulted in the death of another person,
26        when the violation of subsection (a) was a proximate

 

 

HB3403- 22 -LRB101 10489 TAE 55595 b

1        cause of the death;
2            (G) the person committed a violation of subsection
3        (a) during a period in which the defendant's driving
4        privileges are revoked or suspended, where the
5        revocation or suspension was for a violation of
6        subsection (a) or a similar provision, Section
7        11-501.1, paragraph (b) of Section 11-401, or for
8        reckless homicide as defined in Section 9-3 of the
9        Criminal Code of 1961 or the Criminal Code of 2012;
10            (H) the person committed the violation while he or
11        she did not possess a driver's license or permit or a
12        restricted driving permit or a judicial driving permit
13        or a monitoring device driving permit;
14            (I) the person committed the violation while he or
15        she knew or should have known that the vehicle he or
16        she was driving was not covered by a liability
17        insurance policy;
18            (J) the person in committing a violation of
19        subsection (a) was involved in a motor vehicle accident
20        that resulted in bodily harm, but not great bodily
21        harm, to the child under the age of 16 being
22        transported by the person, if the violation was the
23        proximate cause of the injury;
24            (K) the person in committing a second violation of
25        subsection (a) or a similar provision was transporting
26        a person under the age of 16; or

 

 

HB3403- 23 -LRB101 10489 TAE 55595 b

1            (L) the person committed a violation of subsection
2        (a) of this Section while transporting one or more
3        passengers in a vehicle for-hire.
4        (2)(A) Except as provided otherwise, a person
5    convicted of aggravated driving under the influence of
6    alcohol, other drug or drugs, or intoxicating compound or
7    compounds, or any combination thereof is guilty of a Class
8    4 felony.
9        (B) A third violation of this Section or a similar
10    provision is a Class 2 felony. If at the time of the third
11    violation the alcohol concentration in his or her blood,
12    breath, other bodily substance, or urine was 0.16 or more
13    based on the definition of blood, breath, other bodily
14    substance, or urine units in Section 11-501.2, a mandatory
15    minimum of 90 days of imprisonment and a mandatory minimum
16    fine of $2,500 shall be imposed in addition to any other
17    criminal or administrative sanction. If at the time of the
18    third violation, the defendant was transporting a person
19    under the age of 16, a mandatory fine of $25,000 and 25
20    days of community service in a program benefiting children
21    shall be imposed in addition to any other criminal or
22    administrative sanction.
23        (C) A fourth violation of this Section or a similar
24    provision is a Class 2 felony, for which a sentence of
25    probation or conditional discharge may not be imposed. If
26    at the time of the violation, the alcohol concentration in

 

 

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1    the defendant's blood, breath, other bodily substance, or
2    urine was 0.16 or more based on the definition of blood,
3    breath, other bodily substance, or urine units in Section
4    11-501.2, a mandatory minimum fine of $5,000 shall be
5    imposed in addition to any other criminal or administrative
6    sanction. If at the time of the fourth violation, the
7    defendant was transporting a person under the age of 16 a
8    mandatory fine of $25,000 and 25 days of community service
9    in a program benefiting children shall be imposed in
10    addition to any other criminal or administrative sanction.
11        (D) A fifth violation of this Section or a similar
12    provision is a Class 1 felony, for which a sentence of
13    probation or conditional discharge may not be imposed. If
14    at the time of the violation, the alcohol concentration in
15    the defendant's blood, breath, other bodily substance, or
16    urine was 0.16 or more based on the definition of blood,
17    breath, other bodily substance, or urine units in Section
18    11-501.2, a mandatory minimum fine of $5,000 shall be
19    imposed in addition to any other criminal or administrative
20    sanction. If at the time of the fifth violation, the
21    defendant was transporting a person under the age of 16, a
22    mandatory fine of $25,000, and 25 days of community service
23    in a program benefiting children shall be imposed in
24    addition to any other criminal or administrative sanction.
25        (E) A sixth or subsequent violation of this Section or
26    similar provision is a Class X felony. If at the time of

 

 

HB3403- 25 -LRB101 10489 TAE 55595 b

1    the violation, the alcohol concentration in the
2    defendant's blood, breath, other bodily substance, or
3    urine was 0.16 or more based on the definition of blood,
4    breath, other bodily substance, or urine units in Section
5    11-501.2, a mandatory minimum fine of $5,000 shall be
6    imposed in addition to any other criminal or administrative
7    sanction. If at the time of the violation, the defendant
8    was transporting a person under the age of 16, a mandatory
9    fine of $25,000 and 25 days of community service in a
10    program benefiting children shall be imposed in addition to
11    any other criminal or administrative sanction.
12        (F) For a violation of subparagraph (C) of paragraph
13    (1) of this subsection (d), the defendant, if sentenced to
14    a term of imprisonment, shall be sentenced to not less than
15    one year nor more than 12 years.
16        (G) A violation of subparagraph (F) of paragraph (1) of
17    this subsection (d) is a Class 2 felony, for which the
18    defendant, unless the court determines that extraordinary
19    circumstances exist and require probation, shall be
20    sentenced to: (i) a term of imprisonment of not less than 3
21    years and not more than 14 years if the violation resulted
22    in the death of one person; or (ii) a term of imprisonment
23    of not less than 6 years and not more than 28 years if the
24    violation resulted in the deaths of 2 or more persons.
25        (H) For a violation of subparagraph (J) of paragraph
26    (1) of this subsection (d), a mandatory fine of $2,500, and

 

 

HB3403- 26 -LRB101 10489 TAE 55595 b

1    25 days of community service in a program benefiting
2    children shall be imposed in addition to any other criminal
3    or administrative sanction.
4        (I) A violation of subparagraph (K) of paragraph (1) of
5    this subsection (d), is a Class 2 felony and a mandatory
6    fine of $2,500, and 25 days of community service in a
7    program benefiting children shall be imposed in addition to
8    any other criminal or administrative sanction. If the child
9    being transported suffered bodily harm, but not great
10    bodily harm, in a motor vehicle accident, and the violation
11    was the proximate cause of that injury, a mandatory fine of
12    $5,000 and 25 days of community service in a program
13    benefiting children shall be imposed in addition to any
14    other criminal or administrative sanction.
15        (J) A violation of subparagraph (D) of paragraph (1) of
16    this subsection (d) is a Class 3 felony, for which a
17    sentence of probation or conditional discharge may not be
18    imposed.
19        (3) Any person sentenced under this subsection (d) who
20    receives a term of probation or conditional discharge must
21    serve a minimum term of either 480 hours of community
22    service or 10 days of imprisonment as a condition of the
23    probation or conditional discharge in addition to any other
24    criminal or administrative sanction.
25    (e) Any reference to a prior violation of subsection (a) or
26a similar provision includes any violation of a provision of a

 

 

HB3403- 27 -LRB101 10489 TAE 55595 b

1local ordinance or a provision of a law of another state or an
2offense committed on a military installation that is similar to
3a violation of subsection (a) of this Section.
4    (f) The imposition of a mandatory term of imprisonment or
5assignment of community service for a violation of this Section
6shall not be suspended or reduced by the court.
7    (g) Any penalty imposed for driving with a license that has
8been revoked for a previous violation of subsection (a) of this
9Section shall be in addition to the penalty imposed for any
10subsequent violation of subsection (a).
11    (h) For any prosecution under this Section, a certified
12copy of the driving abstract of the defendant shall be admitted
13as proof of any prior conviction.
14(Source: P.A. 98-122, eff. 1-1-14; 98-573, eff. 8-27-13;
1598-756, eff. 7-16-14; 99-697, eff. 7-29-16.)
 
16    (625 ILCS 5/11-501.01)
17    (Text of Section before amendment by P.A. 100-987)
18    Sec. 11-501.01. Additional administrative sanctions.
19    (a) After a finding of guilt and prior to any final
20sentencing or an order for supervision, for an offense based
21upon an arrest for a violation of Section 11-501 or a similar
22provision of a local ordinance, individuals shall be required
23to undergo a professional evaluation to determine if an
24alcohol, drug, or intoxicating compound abuse problem exists
25and the extent of the problem, and undergo the imposition of

 

 

HB3403- 28 -LRB101 10489 TAE 55595 b

1treatment as appropriate. Programs conducting these
2evaluations shall be licensed by the Department of Human
3Services. The cost of any professional evaluation shall be paid
4for by the individual required to undergo the professional
5evaluation.
6    (b) Any person who is found guilty of or pleads guilty to
7violating Section 11-501, including any person receiving a
8disposition of court supervision for violating that Section,
9may be required by the Court to attend a victim impact panel
10offered by, or under contract with, a county State's Attorney's
11office, a probation and court services department, Mothers
12Against Drunk Driving, or the Alliance Against Intoxicated
13Motorists. All costs generated by the victim impact panel shall
14be paid from fees collected from the offender or as may be
15determined by the court.
16    (c) Every person found guilty of violating Section 11-501,
17whose operation of a motor vehicle while in violation of that
18Section proximately caused any incident resulting in an
19appropriate emergency response, shall be liable for the expense
20of an emergency response as provided in subsection (i) of this
21Section.
22    (d) The Secretary of State shall revoke the driving
23privileges of any person convicted under Section 11-501 or a
24similar provision of a local ordinance.
25    (e) The Secretary of State shall require the use of
26ignition interlock devices for a period not less than 5 years

 

 

HB3403- 29 -LRB101 10489 TAE 55595 b

1on all vehicles owned by a person who has been convicted of a
2violation second or subsequent offense of Section 11-501 or a
3similar provision of a local ordinance. The person must pay to
4the Secretary of State DUI Administration Fund an amount not to
5exceed $30 for each month that he or she uses the device. The
6Secretary shall establish by rule and regulation the procedures
7for certification and use of the interlock system, the amount
8of the fee, and the procedures, terms, and conditions relating
9to these fees. During the time period in which a person is
10required to install an ignition interlock device under this
11subsection (e), that person shall only operate vehicles in
12which ignition interlock devices have been installed, except as
13allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
14this Code.
15    (f) In addition to any other penalties and liabilities, a
16person who is found guilty of or pleads guilty to violating
17Section 11-501, including any person placed on court
18supervision for violating Section 11-501, shall be assessed
19$750, payable to the circuit clerk, who shall distribute the
20money as follows: $350 to the law enforcement agency that made
21the arrest, and $400 shall be forwarded to the State Treasurer
22for deposit into the General Revenue Fund. If the person has
23been previously convicted of violating Section 11-501 or a
24similar provision of a local ordinance, the fine shall be
25$1,000, and the circuit clerk shall distribute $200 to the law
26enforcement agency that made the arrest and $800 to the State

 

 

HB3403- 30 -LRB101 10489 TAE 55595 b

1Treasurer for deposit into the General Revenue Fund. In the
2event that more than one agency is responsible for the arrest,
3the amount payable to law enforcement agencies shall be shared
4equally. Any moneys received by a law enforcement agency under
5this subsection (f) shall be used for enforcement and
6prevention of driving while under the influence of alcohol,
7other drug or drugs, intoxicating compound or compounds or any
8combination thereof, as defined by Section 11-501 of this Code,
9including but not limited to the purchase of law enforcement
10equipment and commodities that will assist in the prevention of
11alcohol related criminal violence throughout the State; police
12officer training and education in areas related to alcohol
13related crime, including but not limited to DUI training; and
14police officer salaries, including but not limited to salaries
15for hire back funding for safety checkpoints, saturation
16patrols, and liquor store sting operations. Any moneys received
17by the Department of State Police under this subsection (f)
18shall be deposited into the State Police DUI Fund and shall be
19used to purchase law enforcement equipment that will assist in
20the prevention of alcohol related criminal violence throughout
21the State.
22    (g) The Secretary of State Police DUI Fund is created as a
23special fund in the State treasury. All moneys received by the
24Secretary of State Police under subsection (f) of this Section
25shall be deposited into the Secretary of State Police DUI Fund
26and, subject to appropriation, shall be used for enforcement

 

 

HB3403- 31 -LRB101 10489 TAE 55595 b

1and prevention of driving while under the influence of alcohol,
2other drug or drugs, intoxicating compound or compounds or any
3combination thereof, as defined by Section 11-501 of this Code,
4including, but not limited to, the purchase of law enforcement
5equipment and commodities to assist in the prevention of
6alcohol-related alcohol related criminal violence throughout
7the State; police officer training and education in areas
8related to alcohol-related alcohol related crime, including,
9but not limited to, DUI training; and police officer salaries,
10including, but not limited to, salaries for hire back funding
11for safety checkpoints, saturation patrols, and liquor store
12sting operations.
13    (h) Whenever an individual is sentenced for an offense
14based upon an arrest for a violation of Section 11-501 or a
15similar provision of a local ordinance, and the professional
16evaluation recommends remedial or rehabilitative treatment or
17education, neither the treatment nor the education shall be the
18sole disposition and either or both may be imposed only in
19conjunction with another disposition. The court shall monitor
20compliance with any remedial education or treatment
21recommendations contained in the professional evaluation.
22Programs conducting alcohol or other drug evaluation or
23remedial education must be licensed by the Department of Human
24Services. If the individual is not a resident of Illinois,
25however, the court may accept an alcohol or other drug
26evaluation or remedial education program in the individual's

 

 

HB3403- 32 -LRB101 10489 TAE 55595 b

1state of residence. Programs providing treatment must be
2licensed under existing applicable alcoholism and drug
3treatment licensure standards.
4    (i) In addition to any other fine or penalty required by
5law, an individual convicted of a violation of Section 11-501,
6Section 5-7 of the Snowmobile Registration and Safety Act,
7Section 5-16 of the Boat Registration and Safety Act, or a
8similar provision, whose operation of a motor vehicle,
9snowmobile, or watercraft while in violation of Section 11-501,
10Section 5-7 of the Snowmobile Registration and Safety Act,
11Section 5-16 of the Boat Registration and Safety Act, or a
12similar provision proximately caused an incident resulting in
13an appropriate emergency response, shall be required to make
14restitution to a public agency for the costs of that emergency
15response. The restitution may not exceed $1,000 per public
16agency for each emergency response. As used in this subsection
17(i), "emergency response" means any incident requiring a
18response by a police officer, a firefighter carried on the
19rolls of a regularly constituted fire department, or an
20ambulance. With respect to funds designated for the Department
21of State Police, the moneys shall be remitted by the circuit
22court clerk to the State Police within one month after receipt
23for deposit into the State Police DUI Fund. With respect to
24funds designated for the Department of Natural Resources, the
25Department of Natural Resources shall deposit the moneys into
26the Conservation Police Operations Assistance Fund.

 

 

HB3403- 33 -LRB101 10489 TAE 55595 b

1    (j) A person that is subject to a chemical test or tests of
2blood under subsection (a) of Section 11-501.1 or subdivision
3(c)(2) of Section 11-501.2 of this Code, whether or not that
4person consents to testing, shall be liable for the expense up
5to $500 for blood withdrawal by a physician authorized to
6practice medicine, a licensed physician assistant, a licensed
7advanced practice registered nurse, a registered nurse, a
8trained phlebotomist, a licensed paramedic, or a qualified
9person other than a police officer approved by the Department
10of State Police to withdraw blood, who responds, whether at a
11law enforcement facility or a health care facility, to a police
12department request for the drawing of blood based upon refusal
13of the person to submit to a lawfully requested breath test or
14probable cause exists to believe the test would disclose the
15ingestion, consumption, or use of drugs or intoxicating
16compounds if:
17        (1) the person is found guilty of violating Section
18    11-501 of this Code or a similar provision of a local
19    ordinance; or
20        (2) the person pleads guilty to or stipulates to facts
21    supporting a violation of Section 11-503 of this Code or a
22    similar provision of a local ordinance when the plea or
23    stipulation was the result of a plea agreement in which the
24    person was originally charged with violating Section
25    11-501 of this Code or a similar local ordinance.
26(Source: P.A. 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642,

 

 

HB3403- 34 -LRB101 10489 TAE 55595 b

1eff. 7-28-16; 100-513, eff. 1-1-18; revised 10-19-18.)
 
2    (Text of Section after amendment by P.A. 100-987)
3    Sec. 11-501.01. Additional administrative sanctions.
4    (a) After a finding of guilt and prior to any final
5sentencing or an order for supervision, for an offense based
6upon an arrest for a violation of Section 11-501 or a similar
7provision of a local ordinance, individuals shall be required
8to undergo a professional evaluation to determine if an
9alcohol, drug, or intoxicating compound abuse problem exists
10and the extent of the problem, and undergo the imposition of
11treatment as appropriate. Programs conducting these
12evaluations shall be licensed by the Department of Human
13Services. The cost of any professional evaluation shall be paid
14for by the individual required to undergo the professional
15evaluation.
16    (b) Any person who is found guilty of or pleads guilty to
17violating Section 11-501, including any person receiving a
18disposition of court supervision for violating that Section,
19may be required by the Court to attend a victim impact panel
20offered by, or under contract with, a county State's Attorney's
21office, a probation and court services department, Mothers
22Against Drunk Driving, or the Alliance Against Intoxicated
23Motorists. All costs generated by the victim impact panel shall
24be paid from fees collected from the offender or as may be
25determined by the court.

 

 

HB3403- 35 -LRB101 10489 TAE 55595 b

1    (c) (Blank).
2    (d) The Secretary of State shall revoke the driving
3privileges of any person convicted under Section 11-501 or a
4similar provision of a local ordinance.
5    (e) The Secretary of State shall require the use of
6ignition interlock devices for a period not less than 5 years
7on all vehicles owned by a person who has been convicted of a
8violation second or subsequent offense of Section 11-501 or a
9similar provision of a local ordinance. The person must pay to
10the Secretary of State DUI Administration Fund an amount not to
11exceed $30 for each month that he or she uses the device. The
12Secretary shall establish by rule and regulation the procedures
13for certification and use of the interlock system, the amount
14of the fee, and the procedures, terms, and conditions relating
15to these fees. During the time period in which a person is
16required to install an ignition interlock device under this
17subsection (e), that person shall only operate vehicles in
18which ignition interlock devices have been installed, except as
19allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
20this Code.
21    (f) (Blank).
22    (g) The Secretary of State Police DUI Fund is created as a
23special fund in the State treasury and, subject to
24appropriation, shall be used for enforcement and prevention of
25driving while under the influence of alcohol, other drug or
26drugs, intoxicating compound or compounds or any combination

 

 

HB3403- 36 -LRB101 10489 TAE 55595 b

1thereof, as defined by Section 11-501 of this Code, including,
2but not limited to, the purchase of law enforcement equipment
3and commodities to assist in the prevention of alcohol-related
4alcohol related criminal violence throughout the State; police
5officer training and education in areas related to
6alcohol-related alcohol related crime, including, but not
7limited to, DUI training; and police officer salaries,
8including, but not limited to, salaries for hire back funding
9for safety checkpoints, saturation patrols, and liquor store
10sting operations.
11    (h) Whenever an individual is sentenced for an offense
12based upon an arrest for a violation of Section 11-501 or a
13similar provision of a local ordinance, and the professional
14evaluation recommends remedial or rehabilitative treatment or
15education, neither the treatment nor the education shall be the
16sole disposition and either or both may be imposed only in
17conjunction with another disposition. The court shall monitor
18compliance with any remedial education or treatment
19recommendations contained in the professional evaluation.
20Programs conducting alcohol or other drug evaluation or
21remedial education must be licensed by the Department of Human
22Services. If the individual is not a resident of Illinois,
23however, the court may accept an alcohol or other drug
24evaluation or remedial education program in the individual's
25state of residence. Programs providing treatment must be
26licensed under existing applicable alcoholism and drug

 

 

HB3403- 37 -LRB101 10489 TAE 55595 b

1treatment licensure standards.
2    (i) (Blank).
3    (j) A person that is subject to a chemical test or tests of
4blood under subsection (a) of Section 11-501.1 or subdivision
5(c)(2) of Section 11-501.2 of this Code, whether or not that
6person consents to testing, shall be liable for the expense up
7to $500 for blood withdrawal by a physician authorized to
8practice medicine, a licensed physician assistant, a licensed
9advanced practice registered nurse, a registered nurse, a
10trained phlebotomist, a licensed paramedic, or a qualified
11person other than a police officer approved by the Department
12of State Police to withdraw blood, who responds, whether at a
13law enforcement facility or a health care facility, to a police
14department request for the drawing of blood based upon refusal
15of the person to submit to a lawfully requested breath test or
16probable cause exists to believe the test would disclose the
17ingestion, consumption, or use of drugs or intoxicating
18compounds if:
19        (1) the person is found guilty of violating Section
20    11-501 of this Code or a similar provision of a local
21    ordinance; or
22        (2) the person pleads guilty to or stipulates to facts
23    supporting a violation of Section 11-503 of this Code or a
24    similar provision of a local ordinance when the plea or
25    stipulation was the result of a plea agreement in which the
26    person was originally charged with violating Section

 

 

HB3403- 38 -LRB101 10489 TAE 55595 b

1    11-501 of this Code or a similar local ordinance.
2(Source: P.A. 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642,
3eff. 7-28-16; 100-513, eff. 1-1-18; 100-987, eff. 7-1-19;
4revised 10-19-18.)
 
5    Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.