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1 | AN ACT concerning vehicles.
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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 | Sections 6-106.1 and 11-501 as follows: | |||||||||||||||||||||
6 | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
| |||||||||||||||||||||
7 | Sec. 6-106.1. School bus driver permit.
| |||||||||||||||||||||
8 | (a) The Secretary of State shall issue a school bus driver
| |||||||||||||||||||||
9 | permit to those applicants who have met all the requirements of | |||||||||||||||||||||
10 | the
application and screening process under this Section to | |||||||||||||||||||||
11 | insure the
welfare and safety of children who are transported | |||||||||||||||||||||
12 | on school buses
throughout the State of Illinois. Applicants | |||||||||||||||||||||
13 | shall obtain the
proper application required by the Secretary | |||||||||||||||||||||
14 | of State from their
prospective or current employer and submit | |||||||||||||||||||||
15 | the completed
application to the prospective or current | |||||||||||||||||||||
16 | employer along
with the necessary fingerprint submission as | |||||||||||||||||||||
17 | required by the
Department of
State Police to conduct | |||||||||||||||||||||
18 | fingerprint based criminal background
checks on current and | |||||||||||||||||||||
19 | future information available in the state
system and current | |||||||||||||||||||||
20 | information available through the Federal Bureau
of | |||||||||||||||||||||
21 | Investigation's system. Applicants who have completed the
| |||||||||||||||||||||
22 | fingerprinting requirements shall not be subjected to the
| |||||||||||||||||||||
23 | fingerprinting process when applying for subsequent permits or
| |||||||||||||||||||||
24 | submitting proof of successful completion of the annual | |||||||||||||||||||||
25 | refresher
course. Individuals who on the effective date of this | |||||||||||||||||||||
26 | Act possess a valid
school bus driver permit that has been | |||||||||||||||||||||
27 | previously issued by the appropriate
Regional School | |||||||||||||||||||||
28 | Superintendent are not subject to the fingerprinting
| |||||||||||||||||||||
29 | provisions of this Section as long as the permit remains valid | |||||||||||||||||||||
30 | and does not
lapse. The applicant shall be required to pay all | |||||||||||||||||||||
31 | related
application and fingerprinting fees as established by | |||||||||||||||||||||
32 | rule
including, but not limited to, the amounts established by |
| |||||||
| |||||||
1 | the Department of
State Police and the Federal Bureau of | ||||||
2 | Investigation to process
fingerprint based criminal background | ||||||
3 | investigations. All fees paid for
fingerprint processing | ||||||
4 | services under this Section shall be deposited into the
State | ||||||
5 | Police Services Fund for the cost incurred in processing the | ||||||
6 | fingerprint
based criminal background investigations. All | ||||||
7 | other fees paid under this
Section shall be deposited into the | ||||||
8 | Road
Fund for the purpose of defraying the costs of the | ||||||
9 | Secretary of State in
administering this Section. All | ||||||
10 | applicants must:
| ||||||
11 | 1. be 21 years of age or older;
| ||||||
12 | 2. possess a valid and properly classified driver's | ||||||
13 | license
issued by the Secretary of State;
| ||||||
14 | 3. possess a valid driver's license, which has not been
| ||||||
15 | revoked, suspended, or canceled for 3 years immediately | ||||||
16 | prior to
the date of application, or have not had his or | ||||||
17 | her commercial motor vehicle
driving privileges
| ||||||
18 | disqualified within the 3 years immediately prior to the | ||||||
19 | date of application;
| ||||||
20 | 4. successfully pass a written test, administered by | ||||||
21 | the
Secretary of State, on school bus operation, school bus | ||||||
22 | safety, and
special traffic laws relating to school buses | ||||||
23 | and submit to a review
of the applicant's driving habits by | ||||||
24 | the Secretary of State at the time the
written test is | ||||||
25 | given;
| ||||||
26 | 5. demonstrate ability to exercise reasonable care in | ||||||
27 | the operation of
school buses in accordance with rules | ||||||
28 | promulgated by the Secretary of State;
| ||||||
29 | 6. demonstrate physical fitness to operate school | ||||||
30 | buses by
submitting the results of a medical examination, | ||||||
31 | including tests for drug
use for each applicant not subject | ||||||
32 | to such testing pursuant to
federal law, conducted by a | ||||||
33 | licensed physician, an advanced practice nurse
who has a | ||||||
34 | written collaborative agreement with
a collaborating | ||||||
35 | physician which authorizes him or her to perform medical
| ||||||
36 | examinations, or a physician assistant who has been |
| |||||||
| |||||||
1 | delegated the
performance of medical examinations by his or | ||||||
2 | her supervising physician
within 90 days of the date
of | ||||||
3 | application according to standards promulgated by the | ||||||
4 | Secretary of State;
| ||||||
5 | 7. affirm under penalties of perjury that he or she has | ||||||
6 | not made a
false statement or knowingly concealed a | ||||||
7 | material fact
in any application for permit;
| ||||||
8 | 8. have completed an initial classroom course, | ||||||
9 | including first aid
procedures, in school bus driver safety | ||||||
10 | as promulgated by the Secretary of
State; and after | ||||||
11 | satisfactory completion of said initial course an annual
| ||||||
12 | refresher course; such courses and the agency or | ||||||
13 | organization conducting such
courses shall be approved by | ||||||
14 | the Secretary of State; failure to
complete the annual | ||||||
15 | refresher course, shall result in
cancellation of the | ||||||
16 | permit until such course is completed;
| ||||||
17 | 9. not have been convicted of 2 or more serious traffic | ||||||
18 | offenses, as
defined by rule, within one year prior to the | ||||||
19 | date of application that may
endanger the life or safety of | ||||||
20 | any of the driver's passengers within the
duration of the | ||||||
21 | permit period;
| ||||||
22 | 10. not have been convicted of reckless driving, | ||||||
23 | driving while
intoxicated, or reckless homicide resulting | ||||||
24 | from the operation of a motor
vehicle within 3 years of the | ||||||
25 | date of application ;
| ||||||
26 | 11. not have been convicted of committing or attempting
| ||||||
27 | to commit any
one or more of the following offenses: (i) | ||||||
28 | those offenses defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, | ||||||
29 | 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, 10-6, | ||||||
30 | 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16, | ||||||
31 | 11-17, 11-18, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
32 | 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 12-4.3, 12-4.4,
| ||||||
33 | 12-4.5,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-11,
| ||||||
34 | 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, | ||||||
35 | 12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, | ||||||
36 | 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, 31A-1.1, and
|
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| |||||||
1 | 33A-2, and in subsection (a) and subsection (b), clause | ||||||
2 | (1), of Section
12-4 of the Criminal Code of 1961; (ii) | ||||||
3 | those offenses defined in the
Cannabis Control Act except | ||||||
4 | those offenses defined in subsections (a) and
(b) of | ||||||
5 | Section 4, and subsection (a) of Section 5 of the Cannabis | ||||||
6 | Control
Act; (iii) those offenses defined in the Illinois | ||||||
7 | Controlled Substances
Act; (iv) any offense committed or | ||||||
8 | attempted in any other state or against
the laws of the | ||||||
9 | United States, which if committed or attempted in this
| ||||||
10 | State would be punishable as one or more of the foregoing | ||||||
11 | offenses; (v)
the offenses defined in Section 4.1 and 5.1 | ||||||
12 | of the Wrongs to Children Act and
(vi) those offenses | ||||||
13 | defined in Section 6-16 of the Liquor Control Act of
1934;
| ||||||
14 | 12. not have been repeatedly involved as a driver in | ||||||
15 | motor vehicle
collisions or been repeatedly convicted of | ||||||
16 | offenses against
laws and ordinances regulating the | ||||||
17 | movement of traffic, to a degree which
indicates lack of | ||||||
18 | ability to exercise ordinary and reasonable care in the
| ||||||
19 | safe operation of a motor vehicle or disrespect for the | ||||||
20 | traffic laws and
the safety of other persons upon the | ||||||
21 | highway;
| ||||||
22 | 13. not have, through the unlawful operation of a motor
| ||||||
23 | vehicle, caused an accident resulting in the death of any | ||||||
24 | person; and
| ||||||
25 | 14. not have, within the last 5 years, been adjudged to | ||||||
26 | be
afflicted with or suffering from any mental disability | ||||||
27 | or disease.
| ||||||
28 | (b) A school bus driver permit shall be valid for a period | ||||||
29 | specified by
the Secretary of State as set forth by rule. It | ||||||
30 | shall be renewable upon compliance with subsection (a) of this
| ||||||
31 | Section.
| ||||||
32 | (c) A school bus driver permit shall contain the holder's | ||||||
33 | driver's
license number, name, address, zip code, social | ||||||
34 | security number and date
of birth, a brief description of the | ||||||
35 | holder and a space for signature. The
Secretary of State may | ||||||
36 | require a suitable photograph of the holder.
|
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| |||||||
1 | (d) The employer shall be responsible for conducting a | ||||||
2 | pre-employment
interview with prospective school bus driver | ||||||
3 | candidates, distributing school
bus driver applications and | ||||||
4 | medical forms to be completed by the applicant, and
submitting | ||||||
5 | the applicant's fingerprint cards to the Department of State | ||||||
6 | Police
that are required for the criminal background | ||||||
7 | investigations. The employer
shall certify in writing to the | ||||||
8 | Secretary of State that all pre-employment
conditions have been | ||||||
9 | successfully completed including the successful completion
of | ||||||
10 | an Illinois specific criminal background investigation through | ||||||
11 | the
Department of State Police and the submission of necessary
| ||||||
12 | fingerprints to the Federal Bureau of Investigation for | ||||||
13 | criminal
history information available through the Federal | ||||||
14 | Bureau of
Investigation system. The applicant shall present the
| ||||||
15 | certification to the Secretary of State at the time of | ||||||
16 | submitting
the school bus driver permit application.
| ||||||
17 | (e) Permits shall initially be provisional upon receiving
| ||||||
18 | certification from the employer that all pre-employment | ||||||
19 | conditions
have been successfully completed, and upon | ||||||
20 | successful completion of
all training and examination | ||||||
21 | requirements for the classification of
the vehicle to be | ||||||
22 | operated, the Secretary of State shall
provisionally issue a | ||||||
23 | School Bus Driver Permit. The permit shall
remain in a | ||||||
24 | provisional status pending the completion of the
Federal Bureau | ||||||
25 | of Investigation's criminal background investigation based
| ||||||
26 | upon fingerprinting specimens submitted to the Federal Bureau | ||||||
27 | of
Investigation by the Department of State Police. The Federal | ||||||
28 | Bureau of
Investigation shall report the findings directly to | ||||||
29 | the Secretary
of State. The Secretary of State shall remove the | ||||||
30 | bus driver
permit from provisional status upon the applicant's | ||||||
31 | successful
completion of the Federal Bureau of Investigation's | ||||||
32 | criminal
background investigation.
| ||||||
33 | (f) A school bus driver permit holder shall notify the
| ||||||
34 | employer and the Secretary of State if he or she is convicted | ||||||
35 | in
another state of an offense that would make him or her | ||||||
36 | ineligible
for a permit under subsection (a) of this Section. |
| |||||||
| |||||||
1 | The
written notification shall be made within 5 days of the | ||||||
2 | entry of
the conviction. Failure of the permit holder to | ||||||
3 | provide the
notification is punishable as a petty
offense for a | ||||||
4 | first violation and a Class B misdemeanor for a
second or | ||||||
5 | subsequent violation.
| ||||||
6 | (g) Cancellation; suspension; notice and procedure.
| ||||||
7 | (1) The Secretary of State shall cancel a school bus
| ||||||
8 | driver permit of an applicant whose criminal background | ||||||
9 | investigation
discloses that he or she is not in compliance | ||||||
10 | with the provisions of subsection
(a) of this Section.
| ||||||
11 | (2) The Secretary of State shall cancel a school
bus | ||||||
12 | driver permit when he or she receives notice that the | ||||||
13 | permit holder fails
to comply with any provision of this | ||||||
14 | Section or any rule promulgated for the
administration of | ||||||
15 | this Section.
| ||||||
16 | (3) The Secretary of State shall cancel a school bus
| ||||||
17 | driver permit if the permit holder's restricted commercial | ||||||
18 | or
commercial driving privileges are withdrawn or | ||||||
19 | otherwise
invalidated.
| ||||||
20 | (4) The Secretary of State may not issue a school bus
| ||||||
21 | driver permit for a period of 3 years to an applicant who | ||||||
22 | fails to
obtain a negative result on a drug test as | ||||||
23 | required in item 6 of
subsection (a) of this Section or | ||||||
24 | under federal law.
| ||||||
25 | (5) The Secretary of State shall forthwith suspend
a | ||||||
26 | school bus driver permit for a period of 3 years upon | ||||||
27 | receiving
notice that the holder has failed to obtain a | ||||||
28 | negative result on a
drug test as required in item 6 of | ||||||
29 | subsection (a) of this Section
or under federal law.
| ||||||
30 | The Secretary of State shall notify the State | ||||||
31 | Superintendent
of Education and the permit holder's | ||||||
32 | prospective or current
employer that the applicant has (1) has | ||||||
33 | failed a criminal
background investigation or (2) is no
longer | ||||||
34 | eligible for a school bus driver permit; and of the related
| ||||||
35 | cancellation of the applicant's provisional school bus driver | ||||||
36 | permit. The
cancellation shall remain in effect pending the |
| |||||||
| |||||||
1 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
2 | The scope of the
hearing shall be limited to the issuance | ||||||
3 | criteria contained in
subsection (a) of this Section. A | ||||||
4 | petition requesting a
hearing shall be submitted to the | ||||||
5 | Secretary of State and shall
contain the reason the individual | ||||||
6 | feels he or she is entitled to a
school bus driver permit. The | ||||||
7 | permit holder's
employer shall notify in writing to the | ||||||
8 | Secretary of State
that the employer has certified the removal | ||||||
9 | of the offending school
bus driver from service prior to the | ||||||
10 | start of that school bus
driver's next workshift. An employing | ||||||
11 | school board that fails to
remove the offending school bus | ||||||
12 | driver from service is
subject to the penalties defined in | ||||||
13 | Section 3-14.23 of the School Code. A
school bus
contractor who | ||||||
14 | violates a provision of this Section is
subject to the | ||||||
15 | penalties defined in Section 6-106.11.
| ||||||
16 | All valid school bus driver permits issued under this | ||||||
17 | Section
prior to January 1, 1995, shall remain effective until | ||||||
18 | their
expiration date unless otherwise invalidated.
| ||||||
19 | (Source: P.A. 91-500, eff. 8-13-99; 92-703, eff. 7-19-02.)
| ||||||
20 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
| ||||||
21 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
22 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
23 | combination thereof.
| ||||||
24 | (a) A person shall not drive or be in actual
physical | ||||||
25 | control of any vehicle within this State while:
| ||||||
26 | (1) the alcohol concentration in the person's blood or | ||||||
27 | breath is 0.08
or more based on the definition of blood and | ||||||
28 | breath units in Section 11-501.2;
| ||||||
29 | (2) under the influence of alcohol;
| ||||||
30 | (3) under the influence of any intoxicating compound or | ||||||
31 | combination of
intoxicating compounds to a degree that | ||||||
32 | renders the person incapable of
driving safely;
| ||||||
33 | (4) under the influence of any other drug or | ||||||
34 | combination of drugs to a
degree that renders the person | ||||||
35 | incapable of safely driving;
|
| |||||||
| |||||||
1 | (5) under the combined influence of alcohol, other drug | ||||||
2 | or drugs, or
intoxicating compound or compounds to a degree | ||||||
3 | that renders the person
incapable of safely driving; or
| ||||||
4 | (6) there is any amount of a drug, substance, or | ||||||
5 | compound in the
person's breath, blood, or urine resulting | ||||||
6 | from the unlawful use or consumption
of cannabis listed in | ||||||
7 | the Cannabis Control Act, a controlled substance listed
in | ||||||
8 | the Illinois Controlled Substances Act, or an intoxicating | ||||||
9 | compound listed
in the Use of Intoxicating Compounds Act.
| ||||||
10 | (b) The fact that any person charged with violating this | ||||||
11 | Section is or
has been legally entitled to use alcohol, other | ||||||
12 | drug or drugs, or
intoxicating compound or compounds, or any
| ||||||
13 | combination thereof, shall not constitute a defense against any | ||||||
14 | charge of
violating this Section.
| ||||||
15 | (c) Except as provided under paragraphs (c-3), (c-4), and | ||||||
16 | (d) of this
Section,
every person convicted of violating this | ||||||
17 | Section or a similar provision of a
local ordinance, shall be | ||||||
18 | guilty of a Class A misdemeanor and, in addition to
any other | ||||||
19 | criminal or administrative action, for any second conviction of
| ||||||
20 | violating this Section or a similar provision of a law of | ||||||
21 | another state or
local ordinance committed within 5 years of a | ||||||
22 | previous violation of this
Section or a similar provision of a | ||||||
23 | local ordinance shall be mandatorily
sentenced to a minimum of | ||||||
24 | 5 days of imprisonment or assigned to a
minimum of 30 days of | ||||||
25 | community service as may be determined by the court.
Every | ||||||
26 | person convicted of violating this Section or a similar | ||||||
27 | provision of a
local ordinance shall be subject to an | ||||||
28 | additional mandatory minimum fine of
$500 and an additional
| ||||||
29 | mandatory 5 days of community service in a program benefiting | ||||||
30 | children if the
person committed a violation of paragraph (a) | ||||||
31 | or a similar provision of a local
ordinance while transporting | ||||||
32 | a person under age 16. Every person
convicted a second time for | ||||||
33 | violating this Section or a similar provision of a
local | ||||||
34 | ordinance within 5 years of a previous violation of this | ||||||
35 | Section or a
similar provision of a law of another state or | ||||||
36 | local ordinance shall be subject
to an additional mandatory |
| |||||||
| |||||||
1 | minimum
fine of $500 and an additional 10 days of mandatory | ||||||
2 | community service in a
program benefiting
children if the | ||||||
3 | current offense was committed while transporting a person
under | ||||||
4 | age 16. The imprisonment or assignment under this subsection
| ||||||
5 | shall not be subject to suspension nor shall the person be | ||||||
6 | eligible for
probation in order to reduce the sentence or | ||||||
7 | assignment.
| ||||||
8 | (c-1) (1) A person who violates this Section during a | ||||||
9 | period in which his
or her driving privileges are revoked | ||||||
10 | or suspended, where the revocation or
suspension was for a | ||||||
11 | violation of this Section, Section 11-501.1, paragraph (b)
| ||||||
12 | of Section 11-401, or Section 9-3 of the Criminal Code of | ||||||
13 | 1961 is guilty of a
Class 4 felony.
| ||||||
14 | (2) A person who violates this Section a third time | ||||||
15 | during a period in
which his or her driving privileges are | ||||||
16 | revoked or suspended where the
revocation
or suspension was | ||||||
17 | for a violation of this Section, Section 11-501.1, | ||||||
18 | paragraph
(b) of Section 11-401, or Section 9-3 of the | ||||||
19 | Criminal Code of 1961 is guilty of
a Class 3 felony.
| ||||||
20 | (3) A person who violates this Section a fourth or | ||||||
21 | subsequent time
during a period in which his
or her driving | ||||||
22 | privileges are revoked or suspended where the revocation
or | ||||||
23 | suspension was for a violation of this Section, Section | ||||||
24 | 11-501.1, paragraph
(b) of Section 11-401, or Section 9-3 | ||||||
25 | of the Criminal Code of 1961 is guilty of
a Class 2 felony.
| ||||||
26 | (c-2) (Blank).
| ||||||
27 | (c-3) Every person convicted of violating this Section or a | ||||||
28 | similar
provision of a local ordinance who had a child under | ||||||
29 | age 16 in the vehicle at
the time of the offense shall have his | ||||||
30 | or her punishment under this Act
enhanced by 2 days of | ||||||
31 | imprisonment for a first offense, 10 days of imprisonment
for a | ||||||
32 | second offense, 30 days of imprisonment for a third offense, | ||||||
33 | and 90 days
of imprisonment for a fourth or subsequent offense, | ||||||
34 | in addition to the fine and
community service required under | ||||||
35 | subsection (c) and the possible imprisonment
required under | ||||||
36 | subsection (d). The imprisonment or assignment under this
|
| |||||||
| |||||||
1 | subsection shall not be subject to suspension nor shall the | ||||||
2 | person be eligible
for probation in order to reduce the | ||||||
3 | 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 blood, | ||||||
7 | breath, or urine was
.16 or more based on the definition of | ||||||
8 | blood, breath, or urine units in Section
11-501.2 or when that | ||||||
9 | person is convicted of violating this Section while
| ||||||
10 | transporting a child under the age of 16:
| ||||||
11 | (1) A person who is convicted of violating subsection | ||||||
12 | (a) of Section
11-501 of this
Code a
first time, in | ||||||
13 | addition to any other penalty that may be imposed under
| ||||||
14 | subsection (c), is subject to
a mandatory minimum of
100 | ||||||
15 | hours
of community service
and
a minimum fine of $500.
| ||||||
16 | (2) A person who is convicted of violating subsection | ||||||
17 | (a) of Section
11-501 of this
Code a
second time within 10 | ||||||
18 | years, in addition to any other penalty
that may be imposed | ||||||
19 | under subsection (c), is subject to
a mandatory minimum of | ||||||
20 | 2 days of imprisonment
and
a minimum fine of $1,250.
| ||||||
21 | (3) A person who is convicted of violating subsection | ||||||
22 | (a) of Section
11-501 of this
Code a third time within 20 | ||||||
23 | years is guilty of a Class 4 felony and, in
addition to any
| ||||||
24 | other penalty that may be imposed under subsection (c), is | ||||||
25 | subject to
a mandatory minimum of 90 days of imprisonment | ||||||
26 | and
a minimum fine of $2,500.
| ||||||
27 | (4) A person who is convicted of violating this | ||||||
28 | subsection (c-4) a fourth
or subsequent
time is
guilty of a | ||||||
29 | Class 2 felony and, in addition to any other penalty
that | ||||||
30 | may be imposed under subsection (c), is not
eligible for a | ||||||
31 | sentence of probation or conditional
discharge and is
| ||||||
32 | subject to a minimum fine of $2,500.
| ||||||
33 | (d) (1) Every person convicted of committing a violation of | ||||||
34 | this Section
shall be guilty of aggravated driving under | ||||||
35 | the influence of alcohol,
other drug or drugs, or | ||||||
36 | intoxicating compound or compounds, or any combination
|
| |||||||
| |||||||
1 | thereof if:
| ||||||
2 | (A) the person committed a violation of this | ||||||
3 | Section, or a similar
provision of a law of another | ||||||
4 | state or a local ordinance when the cause of
action is | ||||||
5 | the same as or substantially similar to this Section, | ||||||
6 | for the
second time within 5 years
third or subsequent | ||||||
7 | time ;
| ||||||
8 | (B) the person committed a violation of paragraph | ||||||
9 | (a) while
driving a school bus with children on board;
| ||||||
10 | (C) the person in committing a violation of | ||||||
11 | paragraph (a) was
involved in a motor vehicle accident | ||||||
12 | that resulted in great bodily harm or
permanent | ||||||
13 | disability or disfigurement to another, when the | ||||||
14 | violation was
a proximate cause of the injuries;
| ||||||
15 | (D) the person committed a violation of paragraph | ||||||
16 | (a) for a
second time and has been previously convicted | ||||||
17 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
18 | relating to reckless homicide in which the person was
| ||||||
19 | determined to have been under the influence of alcohol, | ||||||
20 | other drug or
drugs, or intoxicating compound or | ||||||
21 | compounds as an element of the offense or
the person | ||||||
22 | has previously been convicted
under subparagraph (C) | ||||||
23 | or subparagraph (F) of this paragraph (1);
| ||||||
24 | (E) the person, in committing a violation of | ||||||
25 | paragraph (a) while
driving at any speed in a school | ||||||
26 | speed zone at a time when a speed limit of
20 miles per | ||||||
27 | hour was in effect under subsection (a) of Section | ||||||
28 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
29 | accident that resulted in bodily
harm, other than great | ||||||
30 | bodily harm or permanent disability or disfigurement,
| ||||||
31 | to another person, when the violation of paragraph (a) | ||||||
32 | was a proximate cause
of the bodily harm; or
| ||||||
33 | (F) the person, in committing a violation of | ||||||
34 | paragraph (a), was
involved in a motor vehicle, | ||||||
35 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
36 | accident that resulted in
the death of another person, |
| |||||||
| |||||||
1 | when the violation of paragraph (a) was
a proximate | ||||||
2 | cause of the death.
| ||||||
3 | (2) Except as provided in this paragraph (2), | ||||||
4 | aggravated driving under
the
influence of alcohol, other | ||||||
5 | drug or
drugs,
or intoxicating compound or compounds, or | ||||||
6 | any
combination thereof is a Class 4 felony. For a | ||||||
7 | violation of subparagraph (A) of paragraph 1, a third or | ||||||
8 | subsequent offense constitutes a Class 4 non-probationable | ||||||
9 | felony. For a violation of subparagraph (C)
of
paragraph | ||||||
10 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
11 | a term
of imprisonment, shall be sentenced
to not less than
| ||||||
12 | one year nor more than 12 years.
Aggravated driving under | ||||||
13 | the influence of alcohol, other drug or drugs,
or | ||||||
14 | intoxicating compound or compounds, or any combination | ||||||
15 | thereof as
defined in subparagraph (F) of paragraph (1) of | ||||||
16 | this subsection (d) is
a Class 2 felony, for which the | ||||||
17 | defendant, if sentenced to a term of
imprisonment, shall be | ||||||
18 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
19 | years and not more
than 14 years if the violation resulted | ||||||
20 | in the death of one person; or
(B) a term of imprisonment | ||||||
21 | of not less than 6 years and not
more than 28 years if the | ||||||
22 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
23 | any prosecution under this subsection
(d), a certified copy | ||||||
24 | of the
driving abstract of the defendant shall be admitted | ||||||
25 | as proof of any prior
conviction.
| ||||||
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 | ||||||
35 | Services. The cost of any professional
evaluation shall be paid | ||||||
36 | for by the
individual
required to undergo the professional |
| |||||||
| |||||||
1 | evaluation.
| ||||||
2 | (e-1) Any person who is found guilty of or pleads guilty to | ||||||
3 | violating this
Section, including any person receiving a | ||||||
4 | disposition of court supervision for
violating this Section, | ||||||
5 | may be required by the Court to attend a victim
impact panel | ||||||
6 | offered by, or under contract with, a County State's Attorney's
| ||||||
7 | office, a probation and court services department, Mothers | ||||||
8 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
9 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
10 | be paid from fees collected from the
offender or as may be | ||||||
11 | determined by the court.
| ||||||
12 | (f) Every person found guilty of violating this Section, | ||||||
13 | whose
operation of a motor vehicle while in violation of this | ||||||
14 | Section proximately
caused any incident resulting in an | ||||||
15 | appropriate emergency response, shall
be liable for the expense | ||||||
16 | of an emergency response as provided under
Section 5-5-3 of the | ||||||
17 | Unified Code of Corrections.
| ||||||
18 | (g) The Secretary of State shall revoke the driving | ||||||
19 | privileges of any
person convicted under this Section or a | ||||||
20 | similar provision of a local
ordinance.
| ||||||
21 | (h) Every person sentenced under paragraph (2) or (3) of | ||||||
22 | subsection (c-1)
of this Section or subsection (d) of this | ||||||
23 | Section and who
receives a term of probation or conditional | ||||||
24 | discharge shall be required to
serve a minimum term of either | ||||||
25 | 60 days community service or 10 days of
imprisonment as a | ||||||
26 | condition of the probation or
conditional discharge. This | ||||||
27 | mandatory minimum term of imprisonment or
assignment of | ||||||
28 | community service shall not be suspended and shall
not be | ||||||
29 | subject to reduction by the court.
| ||||||
30 | (i) The Secretary of State shall require the use of | ||||||
31 | ignition interlock
devices on all vehicles owned by an | ||||||
32 | individual who has been convicted of a
second
or subsequent | ||||||
33 | offense of this Section or a similar provision of a local
| ||||||
34 | ordinance. The Secretary shall establish by rule and regulation | ||||||
35 | the procedures
for certification and use of the interlock | ||||||
36 | system.
|
| |||||||
| |||||||
1 | (j) In addition to any other penalties and liabilities, a | ||||||
2 | person who is
found guilty of or pleads guilty to violating | ||||||
3 | this Section, including any
person placed on court supervision | ||||||
4 | for violating this Section, shall be fined
$100, payable to the
| ||||||
5 | circuit clerk, who shall distribute the money to the law | ||||||
6 | enforcement agency
that made the arrest. If the person has been | ||||||
7 | previously convicted of violating
this Section or a similar | ||||||
8 | provision of a local ordinance, the fine shall be
$200. In the | ||||||
9 | event that more than one agency is responsible
for the arrest, | ||||||
10 | the $100 or $200 shall be shared equally. Any moneys received
| ||||||
11 | by a law
enforcement agency under this subsection (j) shall be | ||||||
12 | used to purchase law
enforcement equipment that will assist in | ||||||
13 | the prevention of alcohol related
criminal violence throughout | ||||||
14 | the State. This shall include, but is not limited
to, in-car | ||||||
15 | video cameras, radar and laser speed detection devices, and | ||||||
16 | alcohol
breath testers.
Any moneys received by the Department | ||||||
17 | of State Police under this subsection
(j) shall be deposited | ||||||
18 | into the State Police DUI Fund and shall be used to
purchase | ||||||
19 | law enforcement equipment that will assist in the prevention of
| ||||||
20 | alcohol related criminal violence throughout the State.
| ||||||
21 | (k) The Secretary of State Police DUI Fund is created as a | ||||||
22 | special
fund in the State treasury. All moneys received by the | ||||||
23 | Secretary of State
Police under subsection (j) of this Section | ||||||
24 | shall be deposited into the
Secretary of State Police DUI Fund | ||||||
25 | and, subject to appropriation, shall be
used to purchase law | ||||||
26 | enforcement equipment to assist in the prevention of
alcohol | ||||||
27 | related criminal violence throughout the State.
| ||||||
28 | (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01;
| ||||||
29 | 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; | ||||||
30 | 92-651, eff.
7-11-02; 93-156, eff. 1-1-04; 93-213, eff. | ||||||
31 | 7-18-03; 93-584, eff.
8-22-03; revised 8-27-03.)
|