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1
    AN ACT in relation to transportation. 

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Illinois Vehicle Code is amended  by changing 
5
Section 11-501 as follows:
 
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, 
8
other drug or
drugs, intoxicating compound or compounds or any 
9
combination thereof.


10
    (a) A person shall not drive or be in actual
physical 
11
control of any vehicle within this State while:


12
        (1) the alcohol concentration in the person's blood or 
13
    breath is 0.08
or more based on the definition of blood and 
14
    breath units in Section 11-501.2;


15
        (2) under the influence of alcohol;


16
        (3) under the influence of any intoxicating compound or 
17
    combination of
intoxicating compounds to a degree that 
18
    renders the person incapable of
driving safely;


19
        (4) under the influence of any other drug or 
20
    combination of drugs to a
degree that renders the person 
21
    incapable of safely driving;


22
        (5) under the combined influence of alcohol, other drug 
23
    or drugs, or
intoxicating compound or compounds to a degree 
24
    that renders the person
incapable of safely driving; or


25
        (6) there is any amount of a drug, substance, or 
26
    compound in the
person's breath, blood, or urine resulting 
27
    from the unlawful use or consumption
of cannabis listed in 
28
    the Cannabis Control Act, a controlled substance listed
in 
29
    the Illinois Controlled Substances Act, or an intoxicating 
30
    compound listed
in the Use of Intoxicating Compounds Act.


31
    (b) The fact that any person charged with violating this 
32
Section is or
has been legally entitled to use alcohol, other 
 


 






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drug or drugs, or
intoxicating compound or compounds, or any

2
combination thereof,  shall not constitute a defense against any 
3
charge of
violating this Section.


4
    (b-1) With regard to penalties imposed under this Section:

5
        (1) Any reference to a prior violation of subsection 
6
    (a) or a similar
provision includes any violation of a 
7
    provision of a local ordinance or a
provision of a law of 
8
    another state that is similar to a violation of
subsection 
9
    (a) of this Section.

10
        (2) Any penalty imposed for driving with a license that 
11
    has been revoked
for a previous violation of subsection (a) 
12
    of this Section shall be in
addition to the penalty imposed 
13
    for any subsequent violation of subsection (a).

14
    (b-2) Except as otherwise provided in this Section, any 
15
person convicted of
violating subsection (a) of this Section is 
16
guilty of a Class A misdemeanor.

17
    (b-3) In addition to any other criminal or administrative 
18
sanction for any
second conviction of violating subsection (a) 
19
or a similar provision committed
within 5 years of a previous 
20
violation of subsection (a) or a similar
provision, the 
21
defendant shall be sentenced to a mandatory minimum of 5 days 
22
of
imprisonment or assigned a mandatory minimum of 240 hours of 
23
community service
as may be determined by the court.

24
    (b-4) In the case of a third or subsequent violation 
25
committed within 5
years of a previous violation of subsection 
26
(a) or a similar provision, in
addition to any other criminal 
27
or administrative sanction, a mandatory minimum
term of either 
28
10 days of imprisonment or 480 hours of community service shall

29
be imposed.

30
    (b-5) The imprisonment or assignment of community service 
31
under subsections
(b-3) and (b-4) shall not be subject to 
32
suspension, nor shall the person be
eligible for a reduced 
33
sentence.


34
    (c) (Blank).



35
    (c-1) (1) A person who violates subsection (a)

during
a 
36
    period in which his
or her driving privileges are revoked 
 


 






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    or suspended, where the revocation or
suspension was for a 
2
    violation of subsection (a), Section
11-501.1, paragraph 
3
    (b)
of Section 11-401, or for reckless homicide as defined 
4
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

5
    Class 4 felony.


6
        (2) A person who violates subsection (a) a third
time, 
7
    if the third violation occurs during a period in
which his 
8
    or her driving privileges are revoked or suspended where 
9
    the
revocation
or suspension was for a violation of 
10
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
11
    11-401, or for reckless homicide as defined in Section 9-3

12
    of the Criminal Code of 1961, is guilty of
a Class 3 
13
    felony.(2.1) A person who violates subsection (a) a third 
14
    time, if the third
violation occurs during a period in 
15
    which his or her driving privileges are
revoked or 
16
    suspended where the revocation or suspension was for a 
17
    violation of
subsection (a), Section 11-501.1, subsection 
18
    (b) of Section 11-401, or for
reckless homicide as defined 
19
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
20
    Class 3 felony; and if the
person receives a term of

21
    probation or conditional discharge, he or she shall be 
22
    required to serve a
mandatory
minimum of 10 days of 
23
    imprisonment or shall be assigned a mandatory minimum of

24
    480 hours of community service, as may be determined by the 
25
    court, as a
condition of the probation or conditional 
26
    discharge. This mandatory minimum
term of imprisonment or 
27
    assignment of community service shall not be suspended
or 
28
    reduced by the court.

29
        (2.2) A person who violates subsection (a), if the

30
    violation occurs during a period in which his or her 
31
    driving privileges are
revoked or suspended where the 
32
    revocation or suspension was for a violation of
subsection 
33
    (a) or Section 11-501.1, shall also be sentenced to an 
34
    additional
mandatory minimum term of 30 consecutive days of 
35
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
36
    720 hours of community service, as may be
determined by the 
 


 






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    court.  This mandatory term of imprisonment or assignment of

2
    community service shall  not be suspended or reduced by the 
3
    court.


4
        (3) A person who violates subsection (a) a fourth or

5
    subsequent time, if the fourth or subsequent violation 
6
    occurs
during a period in which his
or her driving 
7
    privileges are revoked or suspended where the revocation
or 
8
    suspension was for a violation of subsection (a),
Section 
9
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
10
    homicide as defined in
Section 9-3
of
the Criminal Code of 
11
    1961, is guilty of
a Class 2 felony and is not eligible for 
12
    a sentence of probation or
conditional discharge.


13
    (c-2) (Blank).


14
    (c-3) (Blank).



15
    (c-4) (Blank).

16
    (c-5)(1) A person who violates subsection (a), if the 
17
    person was transporting
a person under the age of 16 at the 
18
    time of the violation, is subject to an
additional 
19
    mandatory minimum fine of $1,000, an additional mandatory 
20
    minimum
140 hours of community service, which shall include 
21
    40 hours of community
service in a program benefiting 
22
    children, and an additional 2 days of
imprisonment. The 
23
    imprisonment or assignment of community service under this 
24
    subdivision (c-5)(1)
subsection (c-5) is not subject to 
25
    suspension, nor is the person eligible for
a reduced 
26
    sentence.

27
        (2)
(c-6) Except as provided in subdivisions (c-5)(3) 
28
    and (c-5)(4)
subsections (c-7) and (c-8) a person who

29
    violates
subsection (a) a second time, if at the time of

30
    the second violation the person was transporting a person 
31
    under the age of 16,
is subject to an additional 10 days of 
32
    imprisonment, an additional mandatory
minimum fine of 
33
    $1,000, and an additional mandatory minimum 140 hours of

34
    community service, which shall include 40 hours of 
35
    community service in a
program benefiting children.
The 
36
    imprisonment or assignment of community service under this 
 


 






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    subdivision (c-5)(2)
subsection (c-6)
is not subject to 
2
    suspension, nor is the person eligible for a reduced

3
    sentence.

4
        (3)
(c-7) Except as provided in subdivision (c-5)(4)

5
    subsection (c-8), any person convicted of
violating 
6
    subdivision (c-5)(2)
subsection (c-6) or a similar

7
    provision within 10 years of a previous violation of 
8
    subsection (a) or a
similar provision shall receive, in 
9
    addition to any other penalty imposed, a
mandatory minimum 
10
    12 days imprisonment, an additional 40 hours of mandatory

11
    community service in a program benefiting children, and a 
12
    mandatory minimum
fine of $1,750. The imprisonment or 
13
    assignment of community service under this subdivision 
14
    (c-5)(3)
subsection (c-7) is not subject to suspension, nor 
15
    is the person
eligible for a reduced sentence.

16
        (4)
(c-8) Any person convicted of violating 
17
    subdivision (c-5)(2)
subsection (c-6) or a similar

18
    provision within 5 years of a previous violation of 
19
    subsection (a) or a similar
provision shall receive, in 
20
    addition to any other penalty imposed, an
additional 80 
21
    hours of mandatory community service in a program 
22
    benefiting
children, an additional mandatory minimum 12 
23
    days of imprisonment, and a
mandatory minimum fine of 
24
    $1,750. The imprisonment or assignment of community

25
    service under this subdivision (c-5)(4)
subsection (c-8)

26
    is not subject to suspension, nor
is the
person eligible 
27
    for a reduced sentence.

28
        (5)
(c-9) Any person convicted a third time for 
29
    violating subsection (a) or a
similar provision, if at the 
30
    time of the third violation the person was
transporting a 
31
    person under the age of 16, is guilty of a Class 4 felony 
32
    and shall
receive, in addition to any other
penalty 
33
    imposed, an additional mandatory fine of $1,000, an 
34
    additional
mandatory 140 hours of community service, which 
35
    shall include 40 hours in a
program benefiting children, 
36
    and a mandatory minimum 30 days of imprisonment.
The 
 


 






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    imprisonment or assignment of community service under this 
2
    subdivision (c-5)(5)
subsection (c-9)
is not subject to 
3
    suspension, nor is the person eligible for a reduced

4
    sentence.

5
        (6)
(c-10) Any person convicted of violating 
6
    subdivision (c-5)(5)
subsection (c-9) or a similar

7
    provision a third time within 20 years of a previous 
8
    violation of subsection
(a) or a
similar provision is 
9
    guilty of a Class 4 felony and shall receive, in addition

10
    to any other penalty imposed, an additional mandatory 40 
11
    hours of community
service in a program benefiting 
12
    children, an additional mandatory fine of
$3,000
$3000, and 
13
    a mandatory minimum 120 days of imprisonment. The 
14
    imprisonment or
assignment of community service under this 
15
    subdivision (c-5)(6)
subsection (c-10) is not subject to

16
    suspension, nor is the person eligible for a reduced 
17
    sentence.

18
        (7)
(c-11) Any person convicted a fourth or subsequent 
19
    time for violating
subsection (a) or a similar provision, 
20
    if at the time of the fourth or
subsequent violation the 
21
    person was transporting a person under the age of 16,
and 
22
    if the person's 3 prior violations of subsection (a) or a

23
    similar provision
occurred while transporting a person 
24
    under the age of 16 or while the alcohol
concentration in 
25
    his or her blood, breath, or urine was 0.16 or more based

26
    on the definition of blood, breath, or urine units in 
27
    Section 11-501.2, is
guilty of a Class 2 felony, is not 
28
    eligible for probation or conditional
discharge, and is 
29
    subject to a minimum fine of $3,000.

30
    (c-6)(1)
(c-12) Any person convicted of a first violation 
31
    of subsection (a) or a
similar provision, if the alcohol 
32
    concentration in his or her blood, breath, or
urine was 
33
    0.16 or more based on the definition of blood, breath, or 
34
    urine
units in Section 11-501.2, shall be subject, in 
35
    addition to any other penalty
that may be imposed, to a 
36
    mandatory minimum of 100 hours of community service
and a 
 


 






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    mandatory minimum fine of $500.

2
        (2)
(c-13) Any person convicted of a second violation 
3
    of subsection (a) or a similar provision committed within 
4
    10 years of a previous violation of subsection (a) or a 
5
    similar provision committed within 10 years of a previous 
6
    violation of subsection (a) or a similar provision, if at 
7
    the time of the second violation of subsection (a) or a 
8
    similar provision the
alcohol concentration in his or her 
9
    blood, breath, or urine was 0.16 or more
based on the 
10
    definition of blood, breath, or urine units in Section 
11
    11-501.2,
shall be
subject, in addition to any other 
12
    penalty that may be imposed, to a mandatory
minimum of 2 
13
    days of imprisonment and a mandatory minimum fine of 
14
    $1,250.

15
        (3)
(c-14) Any person convicted of a third violation of 
16
    subsection (a) or a
similar provision within 20 years of a 
17
    previous violation of subsection (a) or
a
similar 
18
    provision, if at the time of the third violation of 
19
    subsection (a) or a
similar provision the alcohol 
20
    concentration in his or her blood, breath, or
urine was 
21
    0.16 or more based on the definition of blood, breath, or 
22
    urine units
in Section 11-501.2, is guilty of a Class 4 
23
    felony and shall be subject, in
addition to any other 
24
    penalty that may be imposed, to a mandatory minimum of
90 
25
    days of imprisonment and a mandatory minimum fine of 
26
    $2,500.

27
        (4)
(c-15) Any person convicted of a fourth or 
28
    subsequent violation of
subsection
(a) or a similar 
29
    provision, if at the time of the fourth or subsequent

30
    violation the alcohol concentration in his or her blood, 
31
    breath, or urine was
0.16 or more based on the definition 
32
    of blood, breath, or urine units in
Section 11-501.2, and 
33
    if the person's 3 prior violations of subsection (a) or a

34
    similar provision occurred while transporting a person 
35
    under the age of 16 or
while the alcohol concentration in 
36
    his or her blood, breath, or urine was 0.16
or more based 
 


 






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    on the definition of blood, breath, or urine units in 
2
    Section
11-501.2, is guilty of a Class 2 felony and is not 
3
    eligible for a sentence of
probation or conditional 
4
    discharge and is subject to a minimum fine of
$2,500.


5
    (d) (1) Every person convicted of committing a violation of 
6
    this Section
shall be guilty of aggravated driving under 
7
    the influence of alcohol,
other drug or drugs, or 
8
    intoxicating compound or compounds, or any combination

9
    thereof if:


10
            (A) the person committed a violation of subsection 
11
        (a) or a similar
provision for the
third or subsequent 
12
        time;


13
            (B) the person committed a violation of subsection 
14
        (a)
while
driving a school bus with persons 18 years of 
15
        age or younger

on board;


16
            (C) the person in committing a violation of 
17
        subsection
(a) was
involved in a motor vehicle accident 
18
        that resulted in great bodily harm or
permanent 
19
        disability or disfigurement to another, when the 
20
        violation was
a proximate cause of the injuries;


21
            (D) the person committed a violation of subsection 
22
        (a)
for a
second time and has been previously convicted 
23
        of violating Section 9-3 of the
Criminal Code of 1961 
24
        or a similar provision of a law of another state 
25
        relating to reckless homicide in which the person was

26
        determined to have been under the influence of alcohol, 
27
        other drug or
drugs, or intoxicating compound or 
28
        compounds as an element of the offense or
the person 
29
        has previously been convicted
under subparagraph (C) 
30
        or subparagraph (F) of this paragraph (1);


31
            (E) the person, in committing a violation of 
32
        subsection (a) while
driving at any speed in a school 
33
        speed zone at a time when a speed limit of
20 miles per 
34
        hour was in effect under subsection (a) of Section 
35
        11-605 of
this Code, was involved in a motor vehicle 
36
        accident that resulted in bodily
harm, other than great 
 


 






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        bodily harm or permanent disability or disfigurement,

2
        to another person, when the violation of subsection (a) 
3
        was a
proximate cause
of the bodily harm; or


4
            (F) the person, in committing a violation of 
5
        subsection (a), was
involved in a motor vehicle, 
6
        snowmobile, all-terrain vehicle, or watercraft

7
        accident that resulted in
the death of another person, 
8
        when the violation of subsection
(a) was
a proximate 
9
        cause of the death.


10
        (2) Except as provided in this paragraph (2), a person 
11
    convicted of
aggravated driving under
the
influence of 
12
    alcohol, other drug or
drugs,
or intoxicating compound or 
13
    compounds, or any
combination thereof is guilty of a Class 
14
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
15
    (1) of this subsection (d), the defendant, if sentenced to 
16
    a term
of imprisonment, shall be sentenced
to not less than

17
    one year nor more than 12 years.
Aggravated driving under 
18
    the influence of alcohol, other drug or drugs,
or 
19
    intoxicating compound or compounds, or any combination 
20
    thereof as
defined in subparagraph (F) of paragraph (1) of 
21
    this subsection (d) is
a Class 2 felony, for which the 
22
    defendant, if sentenced to a term of
imprisonment, shall be 
23
    sentenced to: (A) a
term of imprisonment of not less than 3 
24
    years and not more
than 14 years if the violation resulted 
25
    in the death of one person; or
(B) a term of imprisonment 
26
    of not less than 6 years and not
more than 28 years if the 
27
    violation resulted in the deaths of 2 or more
persons.
For 
28
    any prosecution under this subsection
(d), a certified copy 
29
    of the
driving abstract of the defendant shall be admitted 
30
    as proof of any prior
conviction.
Any person sentenced 
31
    under this subsection (d) who receives a term of
probation

32
    or conditional discharge must serve a minimum term of 
33
    either 480 hours of
community service or 10 days of 
34
    imprisonment as a condition of the probation or
conditional 
35
    discharge. This mandatory minimum term of imprisonment or

36
    assignment of community service may not be suspended or 
 


 






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    reduced by the court.


2
    (e) After a finding of guilt and prior to any final 
3
sentencing, or an
order for supervision, for an offense based 
4
upon an arrest for a
violation of this Section or a similar 
5
provision of a local ordinance,
individuals shall be required 
6
to undergo a professional evaluation to
determine if an 
7
alcohol, drug, or intoxicating compound abuse problem exists

8
and the
extent of the problem, and undergo the imposition of 
9
treatment as appropriate.
Programs conducting these 
10
evaluations shall be
licensed by the Department of Human 
11
Services.  The cost of any professional
evaluation shall be paid 
12
for by the
individual
required to undergo the professional 
13
evaluation.


14
    (e-1) Any person who is found guilty of or pleads guilty to 
15
violating this
Section, including any person receiving a 
16
disposition of court supervision for
violating this Section, 
17
may be required by the Court to attend a victim
impact panel 
18
offered by, or under contract with, a County State's Attorney's

19
office, a probation and court services department, Mothers 
20
Against Drunk
Driving,
or the Alliance Against Intoxicated 
21
Motorists.
All costs generated by
the victim impact panel shall 
22
be paid from fees collected from the
offender or as may be 
23
determined by the court.


24
    (f) Every person found guilty of violating this Section, 
25
whose
operation of a motor vehicle while in violation of this 
26
Section proximately
caused any incident resulting in an 
27
appropriate emergency response, shall
be liable for the expense 
28
of an emergency response as provided under
Section 5-5-3 of the 
29
Unified Code of Corrections.


30
    (g) The Secretary of State shall revoke the driving 
31
privileges of any
person convicted under this Section or a 
32
similar provision of a local
ordinance.


33
    (h) (Blank).



34
    (i) The Secretary of State shall require the use of 
35
ignition interlock
devices on all vehicles owned by an 
36
individual who has been convicted of a
second
or subsequent 
 


 






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offense of this Section or a similar provision of a local

2
ordinance.  The Secretary shall establish by rule and regulation 
3
the procedures
for certification and use of the interlock 
4
system.


5
    (j) In addition to any other penalties and liabilities, a 
6
person who is
found guilty of or pleads guilty to violating 
7
subsection (a), including any
person placed on court 
8
supervision for violating subsection (a), shall be fined
$500, 
9
payable to the
circuit clerk, who shall distribute the money as 
10
follows: 20% to the law enforcement agency
that made the arrest 
11
and 80% shall be forwarded to the State Treasurer for deposit 
12
into the General Revenue Fund.  If the person has been 
13
previously convicted of violating
subsection (a) or a similar 
14
provision of a local
ordinance, the fine shall be
$1,000.  In 
15
the event that more than one agency is responsible
for the 
16
arrest, the amount payable to law enforcement agencies  shall be 
17
shared equally.  Any moneys received
by a law
enforcement agency 
18
under this subsection (j) shall be used to purchase law

19
enforcement equipment that will assist in the prevention of 
20
alcohol related
criminal violence throughout the State.  This 
21
shall include, but is not limited
to, in-car video cameras, 
22
radar and laser speed detection devices, and alcohol
breath 
23
testers.
Any moneys received by the Department of State Police 
24
under this subsection
(j) shall be deposited into the State 
25
Police DUI Fund and shall be used to
purchase law enforcement 
26
equipment that will assist in the prevention of
alcohol related 
27
criminal violence throughout the State.


28
    (k) The Secretary of State Police DUI Fund is created as a 
29
special
fund in the State treasury. All moneys received by the 
30
Secretary of State
Police under subsection (j) of this Section 
31
shall be deposited into the
Secretary of State Police DUI Fund 
32
and, subject to appropriation, shall be
used to purchase law 
33
enforcement equipment to assist in the prevention of
alcohol 
34
related criminal violence throughout the State.


35
    (l) Whenever an individual is sentenced for an offense 
36
based upon an
arrest for a violation of subsection (a) or a 
 


 






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similar provision of a local
ordinance, and the professional 
2
evaluation recommends remedial or
rehabilitative treatment or 
3
education, neither the treatment nor the education
shall be the 
4
sole disposition and either or both may be imposed only in

5
conjunction with another disposition. The court shall monitor 
6
compliance with
any remedial education or treatment 
7
recommendations contained in the
professional evaluation. 
8
Programs conducting alcohol or other drug evaluation
or 
9
remedial education must be licensed by the Department of Human 
10
Services. If
the individual is not a resident of Illinois, 
11
however, the court may accept an
alcohol or other drug 
12
evaluation or remedial education program in the
individual's 
13
state of residence.  Programs providing treatment must be 
14
licensed
under existing applicable alcoholism and drug 
15
treatment licensure standards.

16
    (m) In addition to any other fine or penalty required by 
17
law, an individual
convicted of a violation of subsection (a), 
18
Section 5-7 of the Snowmobile
Registration and Safety Act, 
19
Section 5-16 of the Boat Registration and Safety
Act, or a 
20
similar provision, whose operation of a motor vehicle, 
21
snowmobile, or
watercraft while in
violation of subsection (a), 
22
Section 5-7 of the Snowmobile Registration and
Safety Act, 
23
Section 5-16 of the Boat Registration and Safety Act, or a 
24
similar
provision proximately caused an incident resulting in 
25
an appropriate emergency
response, shall be required to make 
26
restitution to a public agency for the
costs of that emergency 
27
response. The restitution may not exceed $1,000 per
public 
28
agency for each emergency response. As used in this subsection 
29
(m),
"emergency response" means any incident requiring a 
30
response by a police
officer, a firefighter carried on the 
31
rolls of a regularly constituted fire
department, or an 
32
ambulance.


33
(Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; 
34
92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; 
35
92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff. 
36
7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, 
 


 






HB0734 Enrolled
- 13 -
LRB093 05816 DRH 05909 b




1
eff. 1-1-05; 93-840, eff. 7-30-04; revised 10-21-04.)

 
2
    Section 99. Effective date. This Act takes effect January 
3
1, 2005.