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1 | AN ACT in regard to vehicles.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing
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5 | Section 11-501 as follows:
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6 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
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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.
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10 | (a) A person shall not drive or be in actual
physical | ||||||
11 | control of any vehicle within the State of Illinois
this State
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12 | while:
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13 | (1) the alcohol concentration in the person's blood or | ||||||
14 | breath is 0.08
or more based on the definition of blood and | ||||||
15 | breath units in Section 11-501.2;
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16 | (2) under the influence of alcohol;
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17 | (3) under the influence of any intoxicating compound or | ||||||
18 | combination of
intoxicating compounds to a degree that | ||||||
19 | renders the person incapable of
driving safely;
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20 | (4) under the influence of any other drug or | ||||||
21 | combination of drugs to a
degree that renders the person | ||||||
22 | incapable of safely driving;
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23 | (5) under the combined influence of alcohol, other drug | ||||||
24 | or drugs, or
intoxicating compound or compounds to a degree | ||||||
25 | that renders the person
incapable of safely driving; or
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26 | (6) there is any amount of a drug, substance, or | ||||||
27 | compound in the
person's breath, blood, or urine resulting | ||||||
28 | from the unlawful use or consumption
of cannabis listed in | ||||||
29 | the Cannabis Control Act, a controlled substance listed
in | ||||||
30 | the Illinois Controlled Substances Act, or an intoxicating | ||||||
31 | compound listed
in the Use of Intoxicating Compounds Act.
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32 | (b) The fact that any person charged with violating this |
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1 | Section is or
has been legally entitled to use alcohol, other | ||||||
2 | drug or drugs, or
intoxicating compound or compounds, or any
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3 | combination thereof, shall not constitute a defense against any | ||||||
4 | charge of
violating this Section.
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5 | (c) Except as provided under paragraphs (c-3), (c-4), and | ||||||
6 | (d) of this
Section,
every person convicted of violating this | ||||||
7 | Section or a similar provision of a
local ordinance, shall be | ||||||
8 | guilty of a Class A misdemeanor and, in addition to
any other | ||||||
9 | criminal or administrative action, for any second conviction of
| ||||||
10 | violating this Section or a similar provision of a law of | ||||||
11 | another state or
local ordinance committed within 5 years of a | ||||||
12 | previous violation of this
Section or a similar provision of a | ||||||
13 | local ordinance shall be mandatorily
sentenced to a minimum of | ||||||
14 | 5 days of imprisonment or assigned to a
minimum of 30 days of | ||||||
15 | community service as may be determined by the court.
Every | ||||||
16 | person convicted of violating this Section or a similar | ||||||
17 | provision of a
local ordinance shall be subject to an | ||||||
18 | additional mandatory minimum fine of
$500 and an additional
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19 | mandatory 5 days of community service in a program benefiting | ||||||
20 | children if the
person committed a violation of paragraph (a) | ||||||
21 | or a similar provision of a local
ordinance while transporting | ||||||
22 | a person under age 16. Every person
convicted a second time for | ||||||
23 | violating this Section or a similar provision of a
local | ||||||
24 | ordinance within 5 years of a previous violation of this | ||||||
25 | Section or a
similar provision of a law of another state or | ||||||
26 | local ordinance shall be subject
to an additional mandatory | ||||||
27 | minimum
fine of $500 and an additional 10 days of mandatory | ||||||
28 | community service in a
program benefiting
children if the | ||||||
29 | current offense was committed while transporting a person
under | ||||||
30 | age 16. The imprisonment or assignment under this subsection
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31 | shall not be subject to suspension nor shall the person be | ||||||
32 | eligible for
probation in order to reduce the sentence or | ||||||
33 | assignment.
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34 | (c-1) (1) A person who violates this Section during a | ||||||
35 | period in which his
or her driving privileges are revoked | ||||||
36 | or suspended, where the revocation or
suspension was for a |
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1 | violation of this Section, Section 11-501.1, paragraph (b)
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2 | of Section 11-401, or Section 9-3 of the Criminal Code of | ||||||
3 | 1961 is guilty of a
Class 4 felony.
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4 | (2) A person who violates this Section a third time | ||||||
5 | during a period in
which his or her driving privileges are | ||||||
6 | revoked or suspended where the
revocation
or suspension was | ||||||
7 | for a violation of this Section, Section 11-501.1, | ||||||
8 | paragraph
(b) of Section 11-401, or Section 9-3 of the | ||||||
9 | Criminal Code of 1961 is guilty of
a Class 3 felony.
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10 | (3) A person who violates this Section a fourth or | ||||||
11 | subsequent time
during a period in which his
or her driving | ||||||
12 | privileges 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 2 felony.
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16 | (c-2) (Blank).
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17 | (c-3) Every person convicted of violating this Section or a | ||||||
18 | similar
provision of a local ordinance who had a child under | ||||||
19 | age 16 in the vehicle at
the time of the offense shall have his | ||||||
20 | or her punishment under this Act
enhanced by 2 days of | ||||||
21 | imprisonment for a first offense, 10 days of imprisonment
for a | ||||||
22 | second offense, 30 days of imprisonment for a third offense, | ||||||
23 | and 90 days
of imprisonment for a fourth or subsequent offense, | ||||||
24 | in addition to the fine and
community service required under | ||||||
25 | subsection (c) and the possible imprisonment
required under | ||||||
26 | subsection (d). The imprisonment or assignment under this
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27 | subsection shall not be subject to suspension nor shall the | ||||||
28 | person be eligible
for probation in order to reduce the | ||||||
29 | sentence or assignment.
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30 | (c-4) When a person is convicted of violating Section | ||||||
31 | 11-501 of this
Code or a similar provision of a local | ||||||
32 | ordinance, the following penalties apply
when his or her blood, | ||||||
33 | breath, or urine was
.16 or more based on the definition of | ||||||
34 | blood, breath, or urine units in Section
11-501.2 or when that | ||||||
35 | person is convicted of violating this Section while
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36 | transporting a child under the age of 16:
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1 | (1) A person who is convicted of violating subsection | ||||||
2 | (a) of Section
11-501 of this
Code a
first time, in | ||||||
3 | addition to any other penalty that may be imposed under
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4 | subsection (c), is subject to
a mandatory minimum of
100 | ||||||
5 | hours
of community service
and
a minimum fine of $500.
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6 | (2) A person who is convicted of violating subsection | ||||||
7 | (a) of Section
11-501 of this
Code a
second time within 10 | ||||||
8 | years, in addition to any other penalty
that may be imposed | ||||||
9 | under subsection (c), is subject to
a mandatory minimum of | ||||||
10 | 2 days of imprisonment
and
a minimum fine of $1,250.
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11 | (3) A person who is convicted of violating subsection | ||||||
12 | (a) of Section
11-501 of this
Code a third time within 20 | ||||||
13 | years is guilty of a Class 4 felony and, in
addition to any
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14 | other penalty that may be imposed under subsection (c), is | ||||||
15 | subject to
a mandatory minimum of 90 days of imprisonment | ||||||
16 | and
a minimum fine of $2,500.
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17 | (4) A person who is convicted of violating this | ||||||
18 | subsection (c-4) a fourth
or subsequent
time is
guilty of a | ||||||
19 | Class 2 felony and, in addition to any other penalty
that | ||||||
20 | may be imposed under subsection (c), is not
eligible for a | ||||||
21 | sentence of probation or conditional
discharge and is
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22 | subject to a minimum fine of $2,500.
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23 | (d) (1) Every person convicted of committing a violation of | ||||||
24 | this Section
shall be guilty of aggravated driving under | ||||||
25 | the influence of alcohol,
other drug or drugs, or | ||||||
26 | intoxicating compound or compounds, or any combination
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27 | thereof if:
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28 | (A) the person committed a violation of this | ||||||
29 | Section, or a similar
provision of a law of another | ||||||
30 | state or a local ordinance when the cause of
action is | ||||||
31 | the same as or substantially similar to this Section, | ||||||
32 | for the
third or subsequent time;
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33 | (B) the person committed a violation of paragraph | ||||||
34 | (a) while
driving a school bus with children on board;
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35 | (C) the person in committing a violation of | ||||||
36 | paragraph (a) was
involved in a motor vehicle accident |
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1 | that resulted in great bodily harm or
permanent | ||||||
2 | disability or disfigurement to another, when the | ||||||
3 | violation was
a proximate cause of the injuries;
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4 | (D) the person committed a violation of paragraph | ||||||
5 | (a) for a
second time and has been previously convicted | ||||||
6 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
7 | relating to reckless homicide in which the person was
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8 | determined to have been under the influence of alcohol, | ||||||
9 | other drug or
drugs, or intoxicating compound or | ||||||
10 | compounds as an element of the offense or
the person | ||||||
11 | has previously been convicted
under subparagraph (C) | ||||||
12 | or subparagraph (F) of this paragraph (1);
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13 | (E) the person, in committing a violation of | ||||||
14 | paragraph (a) while
driving at any speed in a school | ||||||
15 | speed zone at a time when a speed limit of
20 miles per | ||||||
16 | hour was in effect under subsection (a) of Section | ||||||
17 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
18 | accident that resulted in bodily
harm, other than great | ||||||
19 | bodily harm or permanent disability or disfigurement,
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20 | to another person, when the violation of paragraph (a) | ||||||
21 | was a proximate cause
of the bodily harm; or
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22 | (F) the person, in committing a violation of | ||||||
23 | paragraph (a), was
involved in a motor vehicle, | ||||||
24 | snowmobile, all-terrain vehicle, or watercraft
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25 | accident that resulted in
the death of another person, | ||||||
26 | when the violation of paragraph (a) was
a proximate | ||||||
27 | cause of the death.
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28 | (2) Except as provided in this paragraph (2), | ||||||
29 | aggravated driving under
the
influence of alcohol, other | ||||||
30 | drug or
drugs,
or intoxicating compound or compounds, or | ||||||
31 | any
combination thereof is a Class 4 felony. For a | ||||||
32 | violation of subparagraph (C)
of
paragraph (1) of this | ||||||
33 | subsection (d), the defendant, if sentenced to a term
of | ||||||
34 | imprisonment, shall be sentenced
to not less than
one year | ||||||
35 | nor more than 12 years.
Aggravated driving under the | ||||||
36 | influence of alcohol, other drug or drugs,
or intoxicating |
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1 | compound or compounds, or any combination thereof as
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2 | defined in subparagraph (F) of paragraph (1) of this | ||||||
3 | subsection (d) is
a Class 2 felony, for which the | ||||||
4 | defendant, if sentenced to a term of
imprisonment, shall be | ||||||
5 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
6 | years and not more
than 14 years if the violation resulted | ||||||
7 | in the death of one person; or
(B) a term of imprisonment | ||||||
8 | of not less than 6 years and not
more than 28 years if the | ||||||
9 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
10 | any prosecution under this subsection
(d), a certified copy | ||||||
11 | of the
driving abstract of the defendant shall be admitted | ||||||
12 | as proof of any prior
conviction.
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13 | (e) After a finding of guilt and prior to any final | ||||||
14 | sentencing, or an
order for supervision, for an offense based | ||||||
15 | upon an arrest for a
violation of this Section or a similar | ||||||
16 | provision of a local ordinance,
individuals shall be required | ||||||
17 | to undergo a professional evaluation to
determine if an | ||||||
18 | alcohol, drug, or intoxicating compound abuse problem exists
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19 | and the
extent of the problem, and undergo the imposition of | ||||||
20 | treatment as appropriate.
Programs conducting these | ||||||
21 | evaluations shall be
licensed by the Department of Human | ||||||
22 | Services. The cost of any professional
evaluation shall be paid | ||||||
23 | for by the
individual
required to undergo the professional | ||||||
24 | evaluation.
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25 | (e-1) Any person who is found guilty of or pleads guilty to | ||||||
26 | violating this
Section, including any person receiving a | ||||||
27 | disposition of court supervision for
violating this Section, | ||||||
28 | may be required by the Court to attend a victim
impact panel | ||||||
29 | offered by, or under contract with, a County State's Attorney's
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30 | office, a probation and court services department, Mothers | ||||||
31 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
32 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
33 | be paid from fees collected from the
offender or as may be | ||||||
34 | determined by the court.
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35 | (f) Every person found guilty of violating this Section, | ||||||
36 | whose
operation of a motor vehicle while in violation of this |
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1 | Section proximately
caused any incident resulting in an | ||||||
2 | appropriate emergency response, shall
be liable for the expense | ||||||
3 | of an emergency response as provided under
Section 5-5-3 of the | ||||||
4 | Unified Code of Corrections.
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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.
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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.
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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
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21 | ordinance. The Secretary shall establish by rule and regulation | ||||||
22 | the procedures
for certification and use of the interlock | ||||||
23 | system.
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24 | (j) In addition to any other penalties and liabilities, a | ||||||
25 | person who is
found guilty of or pleads guilty to violating | ||||||
26 | this Section, including any
person placed on court supervision | ||||||
27 | for violating this Section, shall be fined
$100, payable to the
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28 | circuit clerk, who shall distribute the money to the law | ||||||
29 | enforcement agency
that made the arrest. If the person has been | ||||||
30 | previously convicted of violating
this Section or a similar | ||||||
31 | provision of a local ordinance, the fine shall be
$200. In the | ||||||
32 | event that more than one agency is responsible
for the arrest, | ||||||
33 | the $100 or $200 shall be shared equally. Any moneys received
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34 | by a law
enforcement agency under this subsection (j) shall be | ||||||
35 | used to purchase law
enforcement equipment that will assist in | ||||||
36 | the prevention of alcohol related
criminal violence throughout |
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1 | the State. This shall include, but is not limited
to, in-car | ||||||
2 | video cameras, radar and laser speed detection devices, and | ||||||
3 | alcohol
breath testers.
Any moneys received by the Department | ||||||
4 | of State Police under this subsection
(j) shall be deposited | ||||||
5 | into the State Police DUI Fund and shall be used to
purchase | ||||||
6 | law enforcement equipment that will assist in the prevention of
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7 | alcohol related criminal violence throughout the State.
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8 | (k) The Secretary of State Police DUI Fund is created as a | ||||||
9 | special
fund in the State treasury. All moneys received by the | ||||||
10 | Secretary of State
Police under subsection (j) of this Section | ||||||
11 | shall be deposited into the
Secretary of State Police DUI Fund | ||||||
12 | and, subject to appropriation, shall be
used to purchase law | ||||||
13 | enforcement equipment to assist in the prevention of
alcohol | ||||||
14 | related criminal violence throughout the State.
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15 | (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01;
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16 | 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; | ||||||
17 | 92-651, eff.
7-11-02; 93-156, eff. 1-1-04; 93-213, eff. | ||||||
18 | 7-18-03; 93-584, eff.
8-22-03; revised 8-27-03.)
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