Sen. John J. Cullerton
Filed: 11/16/2004
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 734




2
    AMENDMENT NO. ______. Amend House Bill 734 by replacing 
3
everything after the enacting clause with the following:

 
4
    "Section 5. The Illinois Vehicle Code is amended  by 
5
changing 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


 


 






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        (6) there is any amount of a drug, substance, or 
2
    compound in the
person's breath, blood, or urine resulting 
3
    from the unlawful use or consumption
of cannabis listed in 
4
    the Cannabis Control Act, a controlled substance listed
in 
5
    the Illinois Controlled Substances Act, or an intoxicating 
6
    compound listed
in the Use of Intoxicating Compounds Act.


7
    (b) The fact that any person charged with violating this 
8
Section is or
has been legally entitled to use alcohol, other 
9
drug or drugs, or
intoxicating compound or compounds, or any

10
combination thereof,  shall not constitute a defense against any 
11
charge of
violating this Section.


12
    (b-1) With regard to penalties imposed under this Section:

13
        (1) Any reference to a prior violation of subsection 
14
    (a) or a similar
provision includes any violation of a 
15
    provision of a local ordinance or a
provision of a law of 
16
    another state that is similar to a violation of
subsection 
17
    (a) of this Section.

18
        (2) Any penalty imposed for driving with a license that 
19
    has been revoked
for a previous violation of subsection (a) 
20
    of this Section shall be in
addition to the penalty imposed 
21
    for any subsequent violation of subsection (a).

22
    (b-2) Except as otherwise provided in this Section, any 
23
person convicted of
violating subsection (a) of this Section is 
24
guilty of a Class A misdemeanor.

25
    (b-3) In addition to any other criminal or administrative 
26
sanction for any
second conviction of violating subsection (a) 
27
or a similar provision committed
within 5 years of a previous 
28
violation of subsection (a) or a similar
provision, the 
29
defendant shall be sentenced to a mandatory minimum of 5 days 
30
of
imprisonment or assigned a mandatory minimum of 240 hours of 
31
community service
as may be determined by the court.

32
    (b-4) In the case of a third or subsequent violation 
33
committed within 5
years of a previous violation of subsection 
34
(a) or a similar provision, in
addition to any other criminal 
 


 






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or administrative sanction, a mandatory minimum
term of either 
2
10 days of imprisonment or 480 hours of community service shall

3
be imposed.

4
    (b-5) The imprisonment or assignment of community service 
5
under subsections
(b-3) and (b-4) shall not be subject to 
6
suspension, nor shall the person be
eligible for a reduced 
7
sentence.


8
    (c) (Blank).



9
    (c-1) (1) A person who violates subsection (a)

during
a 
10
    period in which his
or her driving privileges are revoked 
11
    or suspended, where the revocation or
suspension was for a 
12
    violation of subsection (a), Section
11-501.1, paragraph 
13
    (b)
of Section 11-401, or for reckless homicide as defined 
14
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

15
    Class 4 felony.


16
        (2) A person who violates subsection (a) a third
time, 
17
    if the third violation occurs during a period in
which his 
18
    or her driving privileges are revoked or suspended where 
19
    the
revocation
or suspension was for a violation of 
20
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
21
    11-401, or for reckless homicide as defined in Section 9-3

22
    of the Criminal Code of 1961, is guilty of
a Class 3 
23
    felony.(2.1) A person who violates subsection (a) a third 
24
    time, if the third
violation occurs during a period in 
25
    which his or her driving privileges are
revoked or 
26
    suspended where the revocation or suspension was for a 
27
    violation of
subsection (a), Section 11-501.1, subsection 
28
    (b) of Section 11-401, or for
reckless homicide as defined 
29
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
30
    Class 3 felony; and if the
person receives a term of

31
    probation or conditional discharge, he or she shall be 
32
    required to serve a
mandatory
minimum of 10 days of 
33
    imprisonment or shall be assigned a mandatory minimum of

34
    480 hours of community service, as may be determined by the 
 


 






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    court, as a
condition of the probation or conditional 
2
    discharge. This mandatory minimum
term of imprisonment or 
3
    assignment of community service shall not be suspended
or 
4
    reduced by the court.

5
        (2.2) A person who violates subsection (a), if the

6
    violation occurs during a period in which his or her 
7
    driving privileges are
revoked or suspended where the 
8
    revocation or suspension was for a violation of
subsection 
9
    (a) or Section 11-501.1, shall also be sentenced to an 
10
    additional
mandatory minimum term of 30 consecutive days of 
11
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
12
    720 hours of community service, as may be
determined by the 
13
    court.  This mandatory term of imprisonment or assignment of

14
    community service shall  not be suspended or reduced by the 
15
    court.


16
        (3) A person who violates subsection (a) a fourth or

17
    subsequent time, if the fourth or subsequent violation 
18
    occurs
during a period in which his
or her driving 
19
    privileges are revoked or suspended where the revocation
or 
20
    suspension was for a violation of subsection (a),
Section 
21
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
22
    homicide as defined in
Section 9-3
of
the Criminal Code of 
23
    1961, is guilty of
a Class 2 felony and is not eligible for 
24
    a sentence of probation or
conditional discharge.


25
    (c-2) (Blank).


26
    (c-3) (Blank).



27
    (c-4) (Blank).

28
    (c-5)(1) A person who violates subsection (a), if the 
29
    person was transporting
a person under the age of 16 at the 
30
    time of the violation, is subject to an
additional 
31
    mandatory minimum fine of $1,000, an additional mandatory 
32
    minimum
140 hours of community service, which shall include 
33
    40 hours of community
service in a program benefiting 
34
    children, and an additional 2 days of
imprisonment. The 
 


 






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    imprisonment or assignment of community service under this 
2
    subdivision (c-5)(1)
subsection (c-5) is not subject to 
3
    suspension, nor is the person eligible for
a reduced 
4
    sentence.

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

7
    violates
subsection (a) a second time, if at the time of

8
    the second violation the person was transporting a person 
9
    under the age of 16,
is subject to an additional 10 days of 
10
    imprisonment, an additional mandatory
minimum fine of 
11
    $1,000, and an additional mandatory minimum 140 hours of

12
    community service, which shall include 40 hours of 
13
    community service in a
program benefiting children.
The 
14
    imprisonment or assignment of community service under this 
15
    subdivision (c-5)(2)
subsection (c-6)
is not subject to 
16
    suspension, nor is the person eligible for a reduced

17
    sentence.

18
        (3)
(c-7) Except as provided in subdivision (c-5)(4)

19
    subsection (c-8), any person convicted of
violating 
20
    subdivision (c-5)(2)
subsection (c-6) or a similar

21
    provision within 10 years of a previous violation of 
22
    subsection (a) or a
similar provision shall receive, in 
23
    addition to any other penalty imposed, a
mandatory minimum 
24
    12 days imprisonment, an additional 40 hours of mandatory

25
    community service in a program benefiting children, and a 
26
    mandatory minimum
fine of $1,750. The imprisonment or 
27
    assignment of community service under this subdivision 
28
    (c-5)(3)
subsection (c-7) is not subject to suspension, nor 
29
    is the person
eligible for a reduced sentence.

30
        (4)
(c-8) Any person convicted of violating 
31
    subdivision (c-5)(2)
subsection (c-6) or a similar

32
    provision within 5 years of a previous violation of 
33
    subsection (a) or a similar
provision shall receive, in 
34
    addition to any other penalty imposed, an
additional 80 
 


 






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    hours of mandatory community service in a program 
2
    benefiting
children, an additional mandatory minimum 12 
3
    days of imprisonment, and a
mandatory minimum fine of 
4
    $1,750. The imprisonment or assignment of community

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

6
    is not subject to suspension, nor
is the
person eligible 
7
    for a reduced sentence.

8
        (5)
(c-9) Any person convicted a third time for 
9
    violating subsection (a) or a
similar provision, if at the 
10
    time of the third violation the person was
transporting a 
11
    person under the age of 16, is guilty of a Class 4 felony 
12
    and shall
receive, in addition to any other
penalty 
13
    imposed, an additional mandatory fine of $1,000, an 
14
    additional
mandatory 140 hours of community service, which 
15
    shall include 40 hours in a
program benefiting children, 
16
    and a mandatory minimum 30 days of imprisonment.
The 
17
    imprisonment or assignment of community service under this 
18
    subdivision (c-5)(5)
subsection (c-9)
is not subject to 
19
    suspension, nor is the person eligible for a reduced

20
    sentence.

21
        (6)
(c-10) Any person convicted of violating 
22
    subdivision (c-5)(5)
subsection (c-9) or a similar

23
    provision a third time within 20 years of a previous 
24
    violation of subsection
(a) or a
similar provision is 
25
    guilty of a Class 4 felony and shall receive, in addition

26
    to any other penalty imposed, an additional mandatory 40 
27
    hours of community
service in a program benefiting 
28
    children, an additional mandatory fine of
$3,000
$3000, and 
29
    a mandatory minimum 120 days of imprisonment. The 
30
    imprisonment or
assignment of community service under this 
31
    subdivision (c-5)(6)
subsection (c-10) is not subject to

32
    suspension, nor is the person eligible for a reduced 
33
    sentence.

34
        (7)
(c-11) Any person convicted a fourth or subsequent 
 


 






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    time for violating
subsection (a) or a similar provision, 
2
    if at the time of the fourth or
subsequent violation the 
3
    person was transporting a person under the age of 16,
and 
4
    if the person's 3 prior violations of subsection (a) or a

5
    similar provision
occurred while transporting a person 
6
    under the age of 16 or while the alcohol
concentration in 
7
    his or her blood, breath, or urine was 0.16 or more based

8
    on the definition of blood, breath, or urine units in 
9
    Section 11-501.2, is
guilty of a Class 2 felony, is not 
10
    eligible for probation or conditional
discharge, and is 
11
    subject to a minimum fine of $3,000.

12
    (c-6)(1)
(c-12) Any person convicted of a first violation 
13
    of subsection (a) or a
similar provision, if the alcohol 
14
    concentration in his or her blood, breath, or
urine was 
15
    0.16 or more based on the definition of blood, breath, or 
16
    urine
units in Section 11-501.2, shall be subject, in 
17
    addition to any other penalty
that may be imposed, to a 
18
    mandatory minimum of 100 hours of community service
and a 
19
    mandatory minimum fine of $500.

20
        (2)
(c-13) Any person convicted of a second violation 
21
    of subsection (a) or a similar provision committed within 
22
    10 years of a previous violation of subsection (a) or a 
23
    similar provision committed within 10 years of a previous 
24
    violation of subsection (a) or a similar provision, if at 
25
    the time of the second violation of subsection (a) or a 
26
    similar provision the
alcohol concentration in his or her 
27
    blood, breath, or urine was 0.16 or more
based on the 
28
    definition of blood, breath, or urine units in Section 
29
    11-501.2,
shall be
subject, in addition to any other 
30
    penalty that may be imposed, to a mandatory
minimum of 2 
31
    days of imprisonment and a mandatory minimum fine of 
32
    $1,250.

33
        (3)
(c-14) Any person convicted of a third violation of 
34
    subsection (a) or a
similar provision within 20 years of a 
 


 






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    previous violation of subsection (a) or
a
similar 
2
    provision, if at the time of the third violation of 
3
    subsection (a) or a
similar provision the alcohol 
4
    concentration in his or her blood, breath, or
urine was 
5
    0.16 or more based on the definition of blood, breath, or 
6
    urine units
in Section 11-501.2, is guilty of a Class 4 
7
    felony and shall be subject, in
addition to any other 
8
    penalty that may be imposed, to a mandatory minimum of
90 
9
    days of imprisonment and a mandatory minimum fine of 
10
    $2,500.

11
        (4)
(c-15) Any person convicted of a fourth or 
12
    subsequent violation of
subsection
(a) or a similar 
13
    provision, if at the time of the fourth or subsequent

14
    violation the alcohol concentration in his or her blood, 
15
    breath, or urine was
0.16 or more based on the definition 
16
    of blood, breath, or urine units in
Section 11-501.2, and 
17
    if the person's 3 prior violations of subsection (a) or a

18
    similar provision occurred while transporting a person 
19
    under the age of 16 or
while the alcohol concentration in 
20
    his or her blood, breath, or urine was 0.16
or more based 
21
    on the definition of blood, breath, or urine units in 
22
    Section
11-501.2, is guilty of a Class 2 felony and is not 
23
    eligible for a sentence of
probation or conditional 
24
    discharge and is subject to a minimum fine of
$2,500.


25
    (d) (1) Every person convicted of committing a violation of 
26
    this Section
shall be guilty of aggravated driving under 
27
    the influence of alcohol,
other drug or drugs, or 
28
    intoxicating compound or compounds, or any combination

29
    thereof if:


30
            (A) the person committed a violation of subsection 
31
        (a) or a similar
provision for the
third or subsequent 
32
        time;


33
            (B) the person committed a violation of subsection 
34
        (a)
while
driving a school bus with persons 18 years of 
 


 






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        age or younger

on board;


2
            (C) the person in committing a violation of 
3
        subsection
(a) was
involved in a motor vehicle accident 
4
        that resulted in great bodily harm or
permanent 
5
        disability or disfigurement to another, when the 
6
        violation was
a proximate cause of the injuries;


7
            (D) the person committed a violation of subsection 
8
        (a)
for a
second time and has been previously convicted 
9
        of violating Section 9-3 of the
Criminal Code of 1961 
10
        or a similar provision of a law of another state 
11
        relating to reckless homicide in which the person was

12
        determined to have been under the influence of alcohol, 
13
        other drug or
drugs, or intoxicating compound or 
14
        compounds as an element of the offense or
the person 
15
        has previously been convicted
under subparagraph (C) 
16
        or subparagraph (F) of this paragraph (1);


17
            (E) the person, in committing a violation of 
18
        subsection (a) while
driving at any speed in a school 
19
        speed zone at a time when a speed limit of
20 miles per 
20
        hour was in effect under subsection (a) of Section 
21
        11-605 of
this Code, was involved in a motor vehicle 
22
        accident that resulted in bodily
harm, other than great 
23
        bodily harm or permanent disability or disfigurement,

24
        to another person, when the violation of subsection (a) 
25
        was a
proximate cause
of the bodily harm; or


26
            (F) the person, in committing a violation of 
27
        subsection (a), was
involved in a motor vehicle, 
28
        snowmobile, all-terrain vehicle, or watercraft

29
        accident that resulted in
the death of another person, 
30
        when the violation of subsection
(a) was
a proximate 
31
        cause of the death.


32
        (2) Except as provided in this paragraph (2), a person 
33
    convicted of
aggravated driving under
the
influence of 
34
    alcohol, other drug or
drugs,
or intoxicating compound or 
 


 






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    compounds, or any
combination thereof is guilty of a Class 
2
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
3
    (1) of this subsection (d), the defendant, if sentenced to 
4
    a term
of imprisonment, shall be sentenced
to not less than

5
    one year nor more than 12 years.
Aggravated driving under 
6
    the influence of alcohol, other drug or drugs,
or 
7
    intoxicating compound or compounds, or any combination 
8
    thereof as
defined in subparagraph (F) of paragraph (1) of 
9
    this subsection (d) is
a Class 2 felony, for which the 
10
    defendant, if sentenced to a term of
imprisonment, shall be 
11
    sentenced to: (A) a
term of imprisonment of not less than 3 
12
    years and not more
than 14 years if the violation resulted 
13
    in the death of one person; or
(B) a term of imprisonment 
14
    of not less than 6 years and not
more than 28 years if the 
15
    violation resulted in the deaths of 2 or more
persons.
For 
16
    any prosecution under this subsection
(d), a certified copy 
17
    of the
driving abstract of the defendant shall be admitted 
18
    as proof of any prior
conviction.
Any person sentenced 
19
    under this subsection (d) who receives a term of
probation

20
    or conditional discharge must serve a minimum term of 
21
    either 480 hours of
community service or 10 days of 
22
    imprisonment as a condition of the probation or
conditional 
23
    discharge. This mandatory minimum term of imprisonment or

24
    assignment of community service may not be suspended or 
25
    reduced by the court.


26
    (e) After a finding of guilt and prior to any final 
27
sentencing, or an
order for supervision, for an offense based 
28
upon an arrest for a
violation of this Section or a similar 
29
provision of a local ordinance,
individuals shall be required 
30
to undergo a professional evaluation to
determine if an 
31
alcohol, drug, or intoxicating compound abuse problem exists

32
and the
extent of the problem, and undergo the imposition of 
33
treatment as appropriate.
Programs conducting these 
34
evaluations shall be
licensed by the Department of Human 
 


 






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Services.  The cost of any professional
evaluation shall be paid 
2
for by the
individual
required to undergo the professional 
3
evaluation.


4
    (e-1) Any person who is found guilty of or pleads guilty to 
5
violating this
Section, including any person receiving a 
6
disposition of court supervision for
violating this Section, 
7
may be required by the Court to attend a victim
impact panel 
8
offered by, or under contract with, a County State's Attorney's

9
office, a probation and court services department, Mothers 
10
Against Drunk
Driving,
or the Alliance Against Intoxicated 
11
Motorists.
All costs generated by
the victim impact panel shall 
12
be paid from fees collected from the
offender or as may be 
13
determined by the court.


14
    (f) Every person found guilty of violating this Section, 
15
whose
operation of a motor vehicle while in violation of this 
16
Section proximately
caused any incident resulting in an 
17
appropriate emergency response, shall
be liable for the expense 
18
of an emergency response as provided under
Section 5-5-3 of the 
19
Unified Code of Corrections.


20
    (g) The Secretary of State shall revoke the driving 
21
privileges of any
person convicted under this Section or a 
22
similar provision of a local
ordinance.


23
    (h) (Blank).



24
    (i) The Secretary of State shall require the use of 
25
ignition interlock
devices on all vehicles owned by an 
26
individual who has been convicted of a
second
or subsequent 
27
offense of this Section or a similar provision of a local

28
ordinance.  The Secretary shall establish by rule and regulation 
29
the procedures
for certification and use of the interlock 
30
system.


31
    (j) In addition to any other penalties and liabilities, a 
32
person who is
found guilty of or pleads guilty to violating 
33
subsection (a), including any
person placed on court 
34
supervision for violating subsection (a), shall be fined
$500, 
 


 






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payable to the
circuit clerk, who shall distribute the money as 
2
follows: 20% to the law enforcement agency
that made the arrest 
3
and 80% shall be forwarded to the State Treasurer for deposit 
4
into the General Revenue Fund.  If the person has been 
5
previously convicted of violating
subsection (a) or a similar 
6
provision of a local
ordinance, the fine shall be
$1,000.  In 
7
the event that more than one agency is responsible
for the 
8
arrest, the amount payable to law enforcement agencies  shall be 
9
shared equally.  Any moneys received
by a law
enforcement agency 
10
under this subsection (j) shall be used to purchase law

11
enforcement equipment that will assist in the prevention of 
12
alcohol related
criminal violence throughout the State.  This 
13
shall include, but is not limited
to, in-car video cameras, 
14
radar and laser speed detection devices, and alcohol
breath 
15
testers.
Any moneys received by the Department of State Police 
16
under this subsection
(j) shall be deposited into the State 
17
Police DUI Fund and shall be used to
purchase law enforcement 
18
equipment that will assist in the prevention of
alcohol related 
19
criminal violence throughout the State.


20
    (k) The Secretary of State Police DUI Fund is created as a 
21
special
fund in the State treasury. All moneys received by the 
22
Secretary of State
Police under subsection (j) of this Section 
23
shall be deposited into the
Secretary of State Police DUI Fund 
24
and, subject to appropriation, shall be
used to purchase law 
25
enforcement equipment to assist in the prevention of
alcohol 
26
related criminal violence throughout the State.


27
    (l) Whenever an individual is sentenced for an offense 
28
based upon an
arrest for a violation of subsection (a) or a 
29
similar provision of a local
ordinance, and the professional 
30
evaluation recommends remedial or
rehabilitative treatment or 
31
education, neither the treatment nor the education
shall be the 
32
sole disposition and either or both may be imposed only in

33
conjunction with another disposition. The court shall monitor 
34
compliance with
any remedial education or treatment 
 


 






09300HB0734sam001
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SDS093 00140 JWD 40091 a




1
recommendations contained in the
professional evaluation. 
2
Programs conducting alcohol or other drug evaluation
or 
3
remedial education must be licensed by the Department of Human 
4
Services. If
the individual is not a resident of Illinois, 
5
however, the court may accept an
alcohol or other drug 
6
evaluation or remedial education program in the
individual's 
7
state of residence.  Programs providing treatment must be 
8
licensed
under existing applicable alcoholism and drug 
9
treatment licensure standards.

10
    (m) In addition to any other fine or penalty required by 
11
law, an individual
convicted of a violation of subsection (a), 
12
Section 5-7 of the Snowmobile
Registration and Safety Act, 
13
Section 5-16 of the Boat Registration and Safety
Act, or a 
14
similar provision, whose operation of a motor vehicle, 
15
snowmobile, or
watercraft while in
violation of subsection (a), 
16
Section 5-7 of the Snowmobile Registration and
Safety Act, 
17
Section 5-16 of the Boat Registration and Safety Act, or a 
18
similar
provision proximately caused an incident resulting in 
19
an appropriate emergency
response, shall be required to make 
20
restitution to a public agency for the
costs of that emergency 
21
response. The restitution may not exceed $1,000 per
public 
22
agency for each emergency response. As used in this subsection 
23
(m),
"emergency response" means any incident requiring a 
24
response by a police
officer, a firefighter carried on the 
25
rolls of a regularly constituted fire
department, or an 
26
ambulance.


27
(Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; 
28
92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; 
29
92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff. 
30
7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, 
31
eff. 1-1-05; 93-840, eff. 7-30-04; revised 10-21-04.)

 
32
    Section 99. Effective date. This Act takes effect January 
33
1, 2005.".