093_HB1238ham002 LRB093 04009 LCB 14029 a 1 AMENDMENT TO HOUSE BILL 1238 2 AMENDMENT NO. . Amend House Bill 1238, AS AMENDED, 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 5. The Illinois Vehicle Code is amended by 6 changing Section 11-501 as follows: 7 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) 8 Sec. 11-501. Driving while under the influence of 9 alcohol, other drug or drugs, intoxicating compound or 10 compounds or any combination thereof. 11 (a) A person shall not drive or be in actual physical 12 control of any vehicle within this State while: 13 (1) the alcohol concentration in the person's blood 14 or breath is 0.08 or more based on the definition of 15 blood and breath units in Section 11-501.2; 16 (2) under the influence of alcohol; 17 (3) under the influence of any intoxicating 18 compound or combination of intoxicating compounds to a 19 degree that renders the person incapable of driving 20 safely; 21 (4) under the influence of any other drug or 22 combination of drugs to a degree that renders the person -2- LRB093 04009 LCB 14029 a 1 incapable of safely driving; 2 (5) under the combined influence of alcohol, other 3 drug or drugs, or intoxicating compound or compounds to a 4 degree that renders the person incapable of safely 5 driving; or 6 (6) there is any amount of a drug, substance, or 7 compound in the person's breath, blood, or urine 8 resulting from the unlawful use or consumption of 9 cannabis listed in the Cannabis Control Act, a controlled 10 substance listed in the Illinois Controlled Substances 11 Act, or an intoxicating compound listed in the Use of 12 Intoxicating Compounds Act. 13 (b) The fact that any person charged with violating this 14 Section is or has been legally entitled to use alcohol, other 15 drug or drugs, or intoxicating compound or compounds, or any 16 combination thereof, shall not constitute a defense against 17 any charge of violating this Section. 18 (c) Except as provided under paragraphs (c-3), (c-4), 19 and (d) of this Section, every person convicted of violating 20 this Section or a similar provision of a local ordinance, 21 shall be guilty of a Class A misdemeanor and, in addition to 22 any other criminal or administrative action, for any second 23 conviction of violating this Section or a similar provision 24 of a law of another state or local ordinance committed within 25 5 years of a previous violation of this Section or a similar 26 provision of a local ordinance shall be mandatorily sentenced 27 to a minimum of 5 days of imprisonment or assigned to a 28 minimum of 30 days of community service as may be determined 29 by the court. Every person convicted of violating this 30 Section or a similar provision of a local ordinance shall be 31 subject to an additional mandatory minimum fine of $500 and 32 an additional mandatory 5 days of community service in a 33 program benefiting children if the person committed a 34 violation of paragraph (a) or a similar provision of a local -3- LRB093 04009 LCB 14029 a 1 ordinance while transporting a person under age 16. Every 2 person convicted a second time for violating this Section or 3 a similar provision of a local ordinance within 5 years of a 4 previous violation of this Section or a similar provision of 5 a law of another state or local ordinance shall be subject to 6 an additional mandatory minimum fine of $500 and an 7 additional 10 days of mandatory community service in a 8 program benefiting children if the current offense was 9 committed while transporting a person under age 16. The 10 imprisonment or assignment under this subsection shall not be 11 subject to suspension nor shall the person be eligible for 12 probation in order to reduce the sentence or assignment. 13 (c-1) (1) A person who violates this Section during a 14 period in which his or her driving privileges are revoked 15 or suspended, where the revocation or suspension was for 16 a violation of this Section, Section 11-501.1, paragraph 17 (b) of Section 11-401, or Section 9-3 of the Criminal 18 Code of 1961 is guilty of a Class 4 felony. 19 (2) A person who violates this Section a third time 20 during a period in which his or her driving privileges 21 are revoked or suspended where the revocation or 22 suspension was for a violation of this Section, Section 23 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 24 of the Criminal Code of 1961 is guilty of a Class 3 25 felony. 26 (3) A person who violates this Section a fourth or 27 subsequent time during a period in which his or her 28 driving privileges are revoked or suspended where the 29 revocation or suspension was for a violation of this 30 Section, Section 11-501.1, paragraph (b) of Section 31 11-401, or Section 9-3 of the Criminal Code of 1961 is 32 guilty of a Class 2 felony. 33 (c-2) (Blank). 34 (c-3) Every person convicted of violating this Section -4- LRB093 04009 LCB 14029 a 1 or a similar provision of a local ordinance who had a child 2 under age 16 in the vehicle at the time of the offense shall 3 have his or her punishment under this Act enhanced by 2 days 4 of imprisonment for a first offense, 10 days of imprisonment 5 for a second offense, 30 days of imprisonment for a third 6 offense, and 90 days of imprisonment for a fourth or 7 subsequent offense, in addition to the fine and community 8 service required under subsection (c) and the possible 9 imprisonment required under subsection (d). The imprisonment 10 or assignment under this subsection shall not be subject to 11 suspension nor shall the person be eligible for probation in 12 order to reduce the sentence or assignment. 13 (c-4) When a person is convicted of violating Section 14 11-501 of this Code or a similar provision of a local 15 ordinance, the following penalties apply when his or her 16 blood, breath, or urine was .16 or more based on the 17 definition of blood, breath, or urine units in Section 18 11-501.2 or when that person is convicted of violating this 19 Section while transporting a child under the age of 16: 20 (1) A person who is convicted of violating 21 subsection (a) of Section 11-501 of this Code a first 22 time, in addition to any other penalty that may be 23 imposed under subsection (c), is subject to a mandatory 24 minimum of 100 hours of community service and a minimum 25 fine of $500. 26 (2) A person who is convicted of violating 27 subsection (a) of Section 11-501 of this Code a second 28 time within 10 years, in addition to any other penalty 29 that may be imposed under subsection (c), is subject to a 30 mandatory minimum of 2 days of imprisonment and a minimum 31 fine of $1,250. 32 (3) A person who is convicted of violating 33 subsection (a) of Section 11-501 of this Code a third 34 time within 20 years is guilty of a Class 4 felony and, -5- LRB093 04009 LCB 14029 a 1 in addition to any other penalty that may be imposed 2 under subsection (c), is subject to a mandatory minimum 3 of 90 days of imprisonment and a minimum fine of $2,500. 4 (4) A person who is convicted of violating this 5 subsection (c-4) a fourth or subsequent time is guilty of 6 a Class 2 felony and, in addition to any other penalty 7 that may be imposed under subsection (c), is not eligible 8 for a sentence of probation or conditional discharge and 9 is subject to a minimum fine of $2,500. 10 (d) (1) Every person convicted of committing a violation 11 of this Section shall be guilty of aggravated driving 12 under the influence of alcohol, other drug or drugs, or 13 intoxicating compound or compounds, or any combination 14 thereof if: 15 (A) the person committed a violation of this 16 Section, or a similar provision of a law of another 17 state or a local ordinance when the cause of action 18 is the same as or substantially similar to this 19 Section, for the third or subsequent time; 20 (B) the person committed a violation of 21 paragraph (a) while driving a school bus with 22 children on board; 23 (C) the person in committing a violation of 24 paragraph (a) was involved in a motor vehicle 25 accident that resulted in great bodily harm or 26 permanent disability or disfigurement to another, 27 when the violation was a proximate cause of the 28 injuries; 29 (D) the person committed a violation of 30 paragraph (a) for a second time and has been 31 previously convicted of violating Section 9-3 of the 32 Criminal Code of 1961 relating to reckless homicide 33 in which the person was determined to have been 34 under the influence of alcohol, other drug or drugs, -6- LRB093 04009 LCB 14029 a 1 or intoxicating compound or compounds as an element 2 of the offense or the person has previously been 3 convicted under subparagraph (C) of this paragraph 4 (1); or 5 (E) the person, in committing a violation of 6 paragraph (a) while driving at any speed in a school 7 speed zone at a time when a speed limit of 20 miles 8 per hour was in effect under subsection (a) of 9 Section 11-605 of this Code, was involved in a motor 10 vehicle accident that resulted in bodily harm, other 11 than great bodily harm or permanent disability or 12 disfigurement, to another person, when the violation 13 of paragraph (a) was a proximate cause of the bodily 14 harm. 15 (2) Aggravated driving under the influence of 16 alcohol, other drug or drugs, or intoxicating compound or 17 compounds, or any combination thereof is a Class 4 18 felony. For a violation of subparagraph (C) of paragraph 19 (1) of this subsection (d), the defendant, if sentenced 20 to a term of imprisonment, shall be sentenced to not less 21 than one year nor more than 12 years. For any 22 prosecution under this subsection (d), a certified copy 23 of the driving abstract of the defendant shall be 24 admitted as proof of any prior conviction. 25 (e) After a finding of guilt and prior to any final 26 sentencing, or an order for supervision, for an offense based 27 upon an arrest for a violation of this Section or a similar 28 provision of a local ordinance, individuals shall be required 29 to undergo a professional evaluation to determine if an 30 alcohol, drug, or intoxicating compound abuse problem exists 31 and the extent of the problem, and undergo the imposition of 32 treatment as appropriate. Programs conducting these 33 evaluations shall be licensed by the Department of Human 34 Services. The cost of any professional evaluation shall be -7- LRB093 04009 LCB 14029 a 1 paid for by the individual required to undergo the 2 professional evaluation. 3 (e-1) Any person who is found guilty of or pleads guilty 4 to violating this Section, including any person receiving a 5 disposition of court supervision for violating this Section, 6 may be required by the Court to attend a victim impact panel 7 offered by, or under contract with, a County State's 8 Attorney's office, a probation and court services department, 9 Mothers Against Drunk Driving, or the Alliance Against 10 Intoxicated Motorists. All costs generated by the victim 11 impact panel shall be paid from fees collected from the 12 offender or as may be determined by the court. 13 (f) Every person found guilty of violating this Section, 14 whose operation of a motor vehicle while in violation of this 15 Section proximately caused any incident resulting in an 16 appropriate emergency response, shall be liable for the 17 expense of an emergency response as provided under Section 18 5-5-3 of the Unified Code of Corrections. 19 (g) The Secretary of State shall revoke the driving 20 privileges of any person convicted under this Section or a 21 similar provision of a local ordinance. 22 (h) Every person sentenced under paragraph (2) or (3) of 23 subsection (c-1) of this Section or subsection (d) of this 24 Section and who receives a term of probation or conditional 25 discharge shall be required to serve a minimum term of either 26 60 days community service or 10 days of imprisonment as a 27 condition of the probation or conditional discharge. This 28 mandatory minimum term of imprisonment or assignment of 29 community service shall not be suspended and shall not be 30 subject to reduction by the court. 31 (i) The Secretary of State shall require the use of 32 ignition interlock devices on all vehicles owned by an 33 individual who has been convicted of a second or subsequent 34 offense of this Section or a similar provision of a local -8- LRB093 04009 LCB 14029 a 1 ordinance. The Secretary shall establish by rule and 2 regulation the procedures for certification and use of the 3 interlock system. 4 (j) In addition to any other penalties and liabilities, 5 a person who is found guilty of or pleads guilty to violating 6 this Section, including any person placed on court 7 supervision for violating this Section, shall be fined $100, 8 payable to the circuit clerk, who shall distribute the money 9 to the law enforcement agency that made the arrest. If the 10 person has been previously convicted of violating this 11 Section or a similar provision of a local ordinance, the fine 12 shall be $200. In the event that more than one agency is 13 responsible for the arrest, the $100 or $200 shall be shared 14 equally. Any moneys received by a law enforcement agency 15 under this subsection (j) shall be used to purchase law 16 enforcement equipment that will assist in the prevention of 17 alcohol related criminal violence throughout the State. This 18 shall include, but is not limited to, in-car video cameras, 19 radar and laser speed detection devices, and alcohol breath 20 testers. Any moneys received by the Department of State 21 Police under this subsection (j) shall be deposited into the 22 State Police DUI Fund and shall be used to purchase law 23 enforcement equipment that will assist in the prevention of 24 alcohol related criminal violence throughout the State. 25 (Source: P.A. 91-126, eff. 7-16-99; 91-357, eff. 7-29-99; 26 91-692, eff. 4-13-00; 91-822, eff. 6-13-00; 92-248, eff. 27 8-3-01; 92-418, eff. 8-17-01; 92-420, eff. 8-17-01; 92-429, 28 eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)".