093_HB1778eng HB1778 Engrossed LRB093 06515 LCB 06640 b 1 AN ACT in regard to vehicles. 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 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 8 alcohol, other drug or drugs, intoxicating compound or 9 compounds or any combination thereof. 10 (a) A person shall not drive or be in actual physical 11 control of any vehicle within the State of Illinoisthis12Statewhile: 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 23 incapable of safely driving; 24 (5) under the combined influence of alcohol, other 25 drug or drugs, or intoxicating compound or compounds to a 26 degree that renders the person incapable of safely 27 driving; or 28 (6) there is any amount of a drug, substance, or 29 compound in the person's breath, blood, or urine 30 resulting from the unlawful use or consumption of 31 cannabis listed in the Cannabis Control Act, a controlled HB1778 Engrossed -2- LRB093 06515 LCB 06640 b 1 substance listed in the Illinois Controlled Substances 2 Act, or an intoxicating compound listed in the Use of 3 Intoxicating Compounds Act. 4 (b) The fact that any person charged with violating this 5 Section is or has been legally entitled to use alcohol, other 6 drug or drugs, or intoxicating compound or compounds, or any 7 combination thereof, shall not constitute a defense against 8 any charge of violating this Section. 9 (c) Except as provided under paragraphs (c-3), (c-4), 10 and (d) of this Section, every person convicted of violating 11 this Section or a similar provision of a local ordinance, 12 shall be guilty of a Class A misdemeanor and, in addition to 13 any other criminal or administrative action, for any second 14 conviction of violating this Section or a similar provision 15 of a law of another state or local ordinance committed within 16 5 years of a previous violation of this Section or a similar 17 provision of a local ordinance shall be mandatorily sentenced 18 to a minimum of 5 days of imprisonment or assigned to a 19 minimum of 30 days of community service as may be determined 20 by the court. Every person convicted of violating this 21 Section or a similar provision of a local ordinance shall be 22 subject to an additional mandatory minimum fine of $500 and 23 an additional mandatory 5 days of community service in a 24 program benefiting children if the person committed a 25 violation of paragraph (a) or a similar provision of a local 26 ordinance while transporting a person under age 16. Every 27 person convicted a second time for violating this Section or 28 a similar provision of a local ordinance within 5 years of a 29 previous violation of this Section or a similar provision of 30 a law of another state or local ordinance shall be subject to 31 an additional mandatory minimum fine of $500 and an 32 additional 10 days of mandatory community service in a 33 program benefiting children if the current offense was 34 committed while transporting a person under age 16. The HB1778 Engrossed -3- LRB093 06515 LCB 06640 b 1 imprisonment or assignment under this subsection shall not be 2 subject to suspension nor shall the person be eligible for 3 probation in order to reduce the sentence or assignment. 4 (c-1) (1) A person who violates this Section during a 5 period in which his or her driving privileges are revoked 6 or suspended, where the revocation or suspension was for 7 a violation of this Section, Section 11-501.1, paragraph 8 (b) of Section 11-401, or Section 9-3 of the Criminal 9 Code of 1961 is guilty of a Class 4 felony. 10 (2) A person who violates this Section a third time 11 during a period in which his or her driving privileges 12 are revoked or suspended where the revocation or 13 suspension was for a violation of this Section, Section 14 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 15 of the Criminal Code of 1961 is guilty of a Class 3 16 felony. 17 (3) A person who violates this Section a fourth or 18 subsequent time during a period in which his or her 19 driving privileges are revoked or suspended where the 20 revocation or suspension was for a violation of this 21 Section, Section 11-501.1, paragraph (b) of Section 22 11-401, or Section 9-3 of the Criminal Code of 1961 is 23 guilty of a Class 2 felony. 24 (c-2) (Blank). 25 (c-3) Every person convicted of violating this Section 26 or a similar provision of a local ordinance who had a child 27 under age 16 in the vehicle at the time of the offense shall 28 have his or her punishment under this Act enhanced by 2 days 29 of imprisonment for a first offense, 10 days of imprisonment 30 for a second offense, 30 days of imprisonment for a third 31 offense, and 90 days of imprisonment for a fourth or 32 subsequent offense, in addition to the fine and community 33 service required under subsection (c) and the possible 34 imprisonment required under subsection (d). The imprisonment HB1778 Engrossed -4- LRB093 06515 LCB 06640 b 1 or assignment under this subsection shall not be subject to 2 suspension nor shall the person be eligible for probation in 3 order to reduce the sentence or assignment. 4 (c-4) When a person is convicted of violating Section 5 11-501 of this Code or a similar provision of a local 6 ordinance, the following penalties apply when his or her 7 blood, breath, or urine was .16 or more based on the 8 definition of blood, breath, or urine units in Section 9 11-501.2 or when that person is convicted of violating this 10 Section while transporting a child under the age of 16: 11 (1) A person who is convicted of violating 12 subsection (a) of Section 11-501 of this Code a first 13 time, in addition to any other penalty that may be 14 imposed under subsection (c), is subject to a mandatory 15 minimum of 100 hours of community service and a minimum 16 fine of $500. 17 (2) A person who is convicted of violating 18 subsection (a) of Section 11-501 of this Code a second 19 time within 10 years, in addition to any other penalty 20 that may be imposed under subsection (c), is subject to a 21 mandatory minimum of 2 days of imprisonment and a minimum 22 fine of $1,250. 23 (3) A person who is convicted of violating 24 subsection (a) of Section 11-501 of this Code a third 25 time within 20 years is guilty of a Class 4 felony and, 26 in addition to any other penalty that may be imposed 27 under subsection (c), is subject to a mandatory minimum 28 of 90 days of imprisonment and a minimum fine of $2,500. 29 (4) A person who is convicted of violating this 30 subsection (c-4) a fourth or subsequent time is guilty of 31 a Class 2 felony and, in addition to any other penalty 32 that may be imposed under subsection (c), is not eligible 33 for a sentence of probation or conditional discharge and 34 is subject to a minimum fine of $2,500. HB1778 Engrossed -5- LRB093 06515 LCB 06640 b 1 (d) (1) Every person convicted of committing a violation 2 of this Section shall be guilty of aggravated driving 3 under the influence of alcohol, other drug or drugs, or 4 intoxicating compound or compounds, or any combination 5 thereof if: 6 (A) the person committed a violation of this 7 Section, or a similar provision of a law of another 8 state or a local ordinance when the cause of action 9 is the same as or substantially similar to this 10 Section, for the third or subsequent time; 11 (B) the person committed a violation of 12 paragraph (a) while driving a school bus with 13 children on board; 14 (C) the person in committing a violation of 15 paragraph (a) was involved in a motor vehicle 16 accident that resulted in great bodily harm or 17 permanent disability or disfigurement to another, 18 when the violation was a proximate cause of the 19 injuries; 20 (D) the person committed a violation of 21 paragraph (a) for a second time and has been 22 previously convicted of violating Section 9-3 of the 23 Criminal Code of 1961 relating to reckless homicide 24 in which the person was determined to have been 25 under the influence of alcohol, other drug or drugs, 26 or intoxicating compound or compounds as an element 27 of the offense or the person has previously been 28 convicted under subparagraph (C) of this paragraph 29 (1); or 30 (E) the person, in committing a violation of 31 paragraph (a) while driving at any speed in a school 32 speed zone at a time when a speed limit of 20 miles 33 per hour was in effect under subsection (a) of 34 Section 11-605 of this Code, was involved in a motor HB1778 Engrossed -6- LRB093 06515 LCB 06640 b 1 vehicle accident that resulted in bodily harm, other 2 than great bodily harm or permanent disability or 3 disfigurement, to another person, when the violation 4 of paragraph (a) was a proximate cause of the bodily 5 harm. 6 (2) Aggravated driving under the influence of 7 alcohol, other drug or drugs, or intoxicating compound or 8 compounds, or any combination thereof is a Class 4 9 felony. For a violation of subparagraph (C) of paragraph 10 (1) of this subsection (d), the defendant, if sentenced 11 to a term of imprisonment, shall be sentenced to not less 12 than one year nor more than 12 years. For any 13 prosecution under this subsection (d), a certified copy 14 of the driving abstract of the defendant shall be 15 admitted as proof of any prior conviction. 16 (e) After a finding of guilt and prior to any final 17 sentencing, or an order for supervision, for an offense based 18 upon an arrest for a violation of this Section or a similar 19 provision of a local ordinance, individuals shall be required 20 to undergo a professional evaluation to determine if an 21 alcohol, drug, or intoxicating compound abuse problem exists 22 and the extent of the problem, and undergo the imposition of 23 treatment as appropriate. Programs conducting these 24 evaluations shall be licensed by the Department of Human 25 Services. The cost of any professional evaluation shall be 26 paid for by the individual required to undergo the 27 professional evaluation. 28 (f) Every person found guilty of violating this Section, 29 whose operation of a motor vehicle while in violation of this 30 Section proximately caused any incident resulting in an 31 appropriate emergency response, shall be liable for the 32 expense of an emergency response as provided under Section 33 5-5-3 of the Unified Code of Corrections. 34 (g) The Secretary of State shall revoke the driving HB1778 Engrossed -7- LRB093 06515 LCB 06640 b 1 privileges of any person convicted under this Section or a 2 similar provision of a local ordinance. 3 (h) Every person sentenced under paragraph (2) or (3) of 4 subsection (c-1) of this Section or subsection (d) of this 5 Section and who receives a term of probation or conditional 6 discharge shall be required to serve a minimum term of either 7 60 days community service or 10 days of imprisonment as a 8 condition of the probation or conditional discharge. This 9 mandatory minimum term of imprisonment or assignment of 10 community service shall not be suspended and shall not be 11 subject to reduction by the court. 12 (i) The Secretary of State shall require the use of 13 ignition interlock devices on all vehicles owned by an 14 individual who has been convicted of a second or subsequent 15 offense of this Section or a similar provision of a local 16 ordinance. The Secretary shall establish by rule and 17 regulation the procedures for certification and use of the 18 interlock system. 19 (j) In addition to any other penalties and liabilities, 20 a person who is found guilty of or pleads guilty to violating 21 this Section, including any person placed on court 22 supervision for violating this Section, shall be fined $100, 23 payable to the circuit clerk, who shall distribute the money 24 to the law enforcement agency that made the arrest. If the 25 person has been previously convicted of violating this 26 Section or a similar provision of a local ordinance, the fine 27 shall be $200. In the event that more than one agency is 28 responsible for the arrest, the $100 or $200 shall be shared 29 equally. Any moneys received by a law enforcement agency 30 under this subsection (j) shall be used to purchase law 31 enforcement equipment that will assist in the prevention of 32 alcohol related criminal violence throughout the State. This 33 shall include, but is not limited to, in-car video cameras, 34 radar and laser speed detection devices, and alcohol breath HB1778 Engrossed -8- LRB093 06515 LCB 06640 b 1 testers. Any moneys received by the Department of State 2 Police under this subsection (j) shall be deposited into the 3 State Police DUI Fund and shall be used to purchase law 4 enforcement equipment that will assist in the prevention of 5 alcohol related criminal violence throughout the State. 6 (Source: P.A. 91-126, eff. 7-16-99; 91-357, eff. 7-29-99; 7 91-692, eff. 4-13-00; 91-822, eff. 6-13-00; 92-248, eff. 8 8-3-01; 92-418, eff. 8-17-01; 92-420, eff. 8-17-01; 92-429, 9 eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)