093_HB0715enr HB0715 Enrolled LRB093 05818 DRH 05911 b 1 AN ACT concerning vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by adding 5 Section 5.595 as follows: 6 (30 ILCS 105/5.595) 7 Sec. 5.595. The Secretary of State Police DUI Fund. 8 Section 10. The Illinois Vehicle Code is amended by 9 changing Section 11-501 as follows: 10 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) 11 Sec. 11-501. Driving while under the influence of 12 alcohol, other drug or drugs, intoxicating compound or 13 compounds or any combination thereof. 14 (a) A person shall not drive or be in actual physical 15 control of any vehicle within this State while: 16 (1) the alcohol concentration in the person's blood 17 or breath is 0.08 or more based on the definition of 18 blood and breath units in Section 11-501.2; 19 (2) under the influence of alcohol; 20 (3) under the influence of any intoxicating 21 compound or combination of intoxicating compounds to a 22 degree that renders the person incapable of driving 23 safely; 24 (4) under the influence of any other drug or 25 combination of drugs to a degree that renders the person 26 incapable of safely driving; 27 (5) under the combined influence of alcohol, other 28 drug or drugs, or intoxicating compound or compounds to a 29 degree that renders the person incapable of safely HB0715 Enrolled -2- LRB093 05818 DRH 05911 b 1 driving; or 2 (6) there is any amount of a drug, substance, or 3 compound in the person's breath, blood, or urine 4 resulting from the unlawful use or consumption of 5 cannabis listed in the Cannabis Control Act, a controlled 6 substance listed in the Illinois Controlled Substances 7 Act, or an intoxicating compound listed in the Use of 8 Intoxicating Compounds Act. 9 (b) The fact that any person charged with violating this 10 Section is or has been legally entitled to use alcohol, other 11 drug or drugs, or intoxicating compound or compounds, or any 12 combination thereof, shall not constitute a defense against 13 any charge of violating this Section. 14 (c) Except as provided under paragraphs (c-3), (c-4), 15 and (d) of this Section, every person convicted of violating 16 this Section or a similar provision of a local ordinance, 17 shall be guilty of a Class A misdemeanor and, in addition to 18 any other criminal or administrative action, for any second 19 conviction of violating this Section or a similar provision 20 of a law of another state or local ordinance committed within 21 5 years of a previous violation of this Section or a similar 22 provision of a local ordinance shall be mandatorily sentenced 23 to a minimum of 5 days of imprisonment or assigned to a 24 minimum of 30 days of community service as may be determined 25 by the court. Every person convicted of violating this 26 Section or a similar provision of a local ordinance shall be 27 subject to an additional mandatory minimum fine of $500 and 28 an additional mandatory 5 days of community service in a 29 program benefiting children if the person committed a 30 violation of paragraph (a) or a similar provision of a local 31 ordinance while transporting a person under age 16. Every 32 person convicted a second time for violating this Section or 33 a similar provision of a local ordinance within 5 years of a 34 previous violation of this Section or a similar provision of HB0715 Enrolled -3- LRB093 05818 DRH 05911 b 1 a law of another state or local ordinance shall be subject to 2 an additional mandatory minimum fine of $500 and an 3 additional 10 days of mandatory community service in a 4 program benefiting children if the current offense was 5 committed while transporting a person under age 16. The 6 imprisonment or assignment under this subsection shall not be 7 subject to suspension nor shall the person be eligible for 8 probation in order to reduce the sentence or assignment. 9 (c-1) (1) A person who violates this Section during a 10 period in which his or her driving privileges are revoked 11 or suspended, where the revocation or suspension was for 12 a violation of this Section, Section 11-501.1, paragraph 13 (b) of Section 11-401, or Section 9-3 of the Criminal 14 Code of 1961 is guilty of a Class 4 felony. 15 (2) A person who violates this Section a third time 16 during a period in which his or her driving privileges 17 are revoked or suspended where the revocation or 18 suspension was for a violation of this Section, Section 19 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 20 of the Criminal Code of 1961 is guilty of a Class 3 21 felony. 22 (3) A person who violates this Section a fourth or 23 subsequent time during a period in which his or her 24 driving privileges are revoked or suspended where the 25 revocation or suspension was for a violation of this 26 Section, Section 11-501.1, paragraph (b) of Section 27 11-401, or Section 9-3 of the Criminal Code of 1961 is 28 guilty of a Class 2 felony. 29 (c-2) (Blank). 30 (c-3) Every person convicted of violating this Section 31 or a similar provision of a local ordinance who had a child 32 under age 16 in the vehicle at the time of the offense shall 33 have his or her punishment under this Act enhanced by 2 days 34 of imprisonment for a first offense, 10 days of imprisonment HB0715 Enrolled -4- LRB093 05818 DRH 05911 b 1 for a second offense, 30 days of imprisonment for a third 2 offense, and 90 days of imprisonment for a fourth or 3 subsequent offense, in addition to the fine and community 4 service required under subsection (c) and the possible 5 imprisonment required under subsection (d). The imprisonment 6 or assignment under this subsection shall not be subject to 7 suspension nor shall the person be eligible for probation in 8 order to reduce the sentence or assignment. 9 (c-4) When a person is convicted of violating Section 10 11-501 of this Code or a similar provision of a local 11 ordinance, the following penalties apply when his or her 12 blood, breath, or urine was .16 or more based on the 13 definition of blood, breath, or urine units in Section 14 11-501.2 or when that person is convicted of violating this 15 Section while transporting a child under the age of 16: 16 (1) A person who is convicted of violating 17 subsection (a) of Section 11-501 of this Code a first 18 time, in addition to any other penalty that may be 19 imposed under subsection (c), is subject to a mandatory 20 minimum of 100 hours of community service and a minimum 21 fine of $500. 22 (2) A person who is convicted of violating 23 subsection (a) of Section 11-501 of this Code a second 24 time within 10 years, in addition to any other penalty 25 that may be imposed under subsection (c), is subject to a 26 mandatory minimum of 2 days of imprisonment and a minimum 27 fine of $1,250. 28 (3) A person who is convicted of violating 29 subsection (a) of Section 11-501 of this Code a third 30 time within 20 years is guilty of a Class 4 felony and, 31 in addition to any other penalty that may be imposed 32 under subsection (c), is subject to a mandatory minimum 33 of 90 days of imprisonment and a minimum fine of $2,500. 34 (4) A person who is convicted of violating this HB0715 Enrolled -5- LRB093 05818 DRH 05911 b 1 subsection (c-4) a fourth or subsequent time is guilty of 2 a Class 2 felony and, in addition to any other penalty 3 that may be imposed under subsection (c), is not eligible 4 for a sentence of probation or conditional discharge and 5 is subject to a minimum fine of $2,500. 6 (d) (1) Every person convicted of committing a violation 7 of this Section shall be guilty of aggravated driving 8 under the influence of alcohol, other drug or drugs, or 9 intoxicating compound or compounds, or any combination 10 thereof if: 11 (A) the person committed a violation of this 12 Section, or a similar provision of a law of another 13 state or a local ordinance when the cause of action 14 is the same as or substantially similar to this 15 Section, for the third or subsequent time; 16 (B) the person committed a violation of 17 paragraph (a) while driving a school bus with 18 children on board; 19 (C) the person in committing a violation of 20 paragraph (a) was involved in a motor vehicle 21 accident that resulted in great bodily harm or 22 permanent disability or disfigurement to another, 23 when the violation was a proximate cause of the 24 injuries; 25 (D) the person committed a violation of 26 paragraph (a) for a second time and has been 27 previously convicted of violating Section 9-3 of the 28 Criminal Code of 1961 relating to reckless homicide 29 in which the person was determined to have been 30 under the influence of alcohol, other drug or drugs, 31 or intoxicating compound or compounds as an element 32 of the offense or the person has previously been 33 convicted under subparagraph (C) of this paragraph 34 (1); or HB0715 Enrolled -6- LRB093 05818 DRH 05911 b 1 (E) the person, in committing a violation of 2 paragraph (a) while driving at any speed in a school 3 speed zone at a time when a speed limit of 20 miles 4 per hour was in effect under subsection (a) of 5 Section 11-605 of this Code, was involved in a motor 6 vehicle accident that resulted in bodily harm, other 7 than great bodily harm or permanent disability or 8 disfigurement, to another person, when the violation 9 of paragraph (a) was a proximate cause of the bodily 10 harm. 11 (2) Aggravated driving under the influence of 12 alcohol, other drug or drugs, or intoxicating compound or 13 compounds, or any combination thereof is a Class 4 14 felony. For a violation of subparagraph (C) of paragraph 15 (1) of this subsection (d), the defendant, if sentenced 16 to a term of imprisonment, shall be sentenced to not less 17 than one year nor more than 12 years. For any 18 prosecution under this subsection (d), a certified copy 19 of the driving abstract of the defendant shall be 20 admitted as proof of any prior conviction. 21 (e) After a finding of guilt and prior to any final 22 sentencing, or an order for supervision, for an offense based 23 upon an arrest for a violation of this Section or a similar 24 provision of a local ordinance, individuals shall be required 25 to undergo a professional evaluation to determine if an 26 alcohol, drug, or intoxicating compound abuse problem exists 27 and the extent of the problem, and undergo the imposition of 28 treatment as appropriate. Programs conducting these 29 evaluations shall be licensed by the Department of Human 30 Services. The cost of any professional evaluation shall be 31 paid for by the individual required to undergo the 32 professional evaluation. 33 (f) Every person found guilty of violating this Section, 34 whose operation of a motor vehicle while in violation of this HB0715 Enrolled -7- LRB093 05818 DRH 05911 b 1 Section proximately caused any incident resulting in an 2 appropriate emergency response, shall be liable for the 3 expense of an emergency response as provided under Section 4 5-5-3 of the Unified Code of Corrections. 5 (g) The Secretary of State shall revoke the driving 6 privileges of any person convicted under this Section or a 7 similar provision of a local ordinance. 8 (h) Every person sentenced under paragraph (2) or (3) of 9 subsection (c-1) of this Section or subsection (d) of this 10 Section and who receives a term of probation or conditional 11 discharge shall be required to serve a minimum term of either 12 60 days community service or 10 days of imprisonment as a 13 condition of the probation or conditional discharge. This 14 mandatory minimum term of imprisonment or assignment of 15 community service shall not be suspended and shall not be 16 subject to reduction by the court. 17 (i) The Secretary of State shall require the use of 18 ignition interlock devices on all vehicles owned by an 19 individual who has been convicted of a second or subsequent 20 offense of this Section or a similar provision of a local 21 ordinance. The Secretary shall establish by rule and 22 regulation the procedures for certification and use of the 23 interlock system. 24 (j) In addition to any other penalties and liabilities, 25 a person who is found guilty of or pleads guilty to violating 26 this Section, including any person placed on court 27 supervision for violating this Section, shall be fined $100, 28 payable to the circuit clerk, who shall distribute the money 29 to the law enforcement agency that made the arrest. If the 30 person has been previously convicted of violating this 31 Section or a similar provision of a local ordinance, the fine 32 shall be $200. In the event that more than one agency is 33 responsible for the arrest, the $100 or $200 shall be shared 34 equally. Any moneys received by a law enforcement agency HB0715 Enrolled -8- LRB093 05818 DRH 05911 b 1 under this subsection (j) shall be used to purchase law 2 enforcement equipment that will assist in the prevention of 3 alcohol related criminal violence throughout the State. This 4 shall include, but is 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 7 Police under this subsection (j) shall be deposited into the 8 State Police DUI Fund and shall be used to purchase law 9 enforcement equipment that will assist in the prevention of 10 alcohol related criminal violence throughout the State. 11 (k) The Secretary of State Police DUI Fund is created as 12 a special fund in the State treasury. All moneys received by 13 the Secretary of State Police under subsection (j) of this 14 Section shall be deposited into the Secretary of State Police 15 DUI Fund and, subject to appropriation, shall be used to 16 purchase law enforcement equipment to assist in the 17 prevention of alcohol related criminal violence throughout 18 the State. 19 (Source: P.A. 91-126, eff. 7-16-99; 91-357, eff. 7-29-99; 20 91-692, eff. 4-13-00; 91-822, eff. 6-13-00; 92-248, eff. 21 8-3-01; 92-418, eff. 8-17-01; 92-420, eff. 8-17-01; 92-429, 22 eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.) 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.