93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7349


 
Introduced 11/08/04, by Rep. William B. Black
 
SYNOPSIS AS INTRODUCED:
 		













625 ILCS 5/11-501
  from Ch. 95 1/2, par. 11-501








    Amends the Illinois Vehicle Code. Provides that any person convicted a fourth time of DUI is not eligible for probation or conditional discharge. Effective January 1, 2005.
















LRB093 23466 DRH 53459 b

















 


 


A BILL FOR









 











HB7349

LRB093 23466 DRH 53459 b






1
    AN ACT concerning transportation.

 
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
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


25
        (6) there is any amount of a drug, substance, or 
26
    compound in the
person's breath, blood, or urine resulting 
27
    from the unlawful use or consumption
of cannabis listed in 
28
    the Cannabis Control Act, a controlled substance listed
in 
29
    the Illinois Controlled Substances Act, or an intoxicating 
30
    compound listed
in the Use of Intoxicating Compounds Act.


31
    (b) The fact that any person charged with violating this 
32
Section is or
has been legally entitled to use alcohol, other 
 


 






HB7349
- 2 -
LRB093 23466 DRH 53459 b




1
drug or drugs, or
intoxicating compound or compounds, or any

2
combination thereof,  shall not constitute a defense against any 
3
charge of
violating this Section.


4
    (b-1) With regard to penalties imposed under this Section:

5
        (1) Any reference to a prior violation of subsection 
6
    (a) or a similar
provision includes any violation of a 
7
    provision of a local ordinance or a
provision of a law of 
8
    another state that is similar to a violation of
subsection 
9
    (a) of this Section.

10
        (2) Any penalty imposed for driving with a license that 
11
    has been revoked
for a previous violation of subsection (a) 
12
    of this Section shall be in
addition to the penalty imposed 
13
    for any subsequent violation of subsection (a).

14
    (b-2) Except as otherwise provided in this Section, any 
15
person convicted of
violating subsection (a) of this Section is 
16
guilty of a Class A misdemeanor.

17
    (b-3) In addition to any other criminal or administrative 
18
sanction for any
second conviction of violating subsection (a) 
19
or a similar provision committed
within 5 years of a previous 
20
violation of subsection (a) or a similar
provision, the 
21
defendant shall be sentenced to a mandatory minimum of 5 days 
22
of
imprisonment or assigned a mandatory minimum of 240 hours of 
23
community service
as may be determined by the court.

24
    (b-4) In the case of a third or subsequent violation 
25
committed within 5
years of a previous violation of subsection 
26
(a) or a similar provision, in
addition to any other criminal 
27
or administrative sanction, a mandatory minimum
term of either 
28
10 days of imprisonment or 480 hours of community service shall

29
be imposed.

30
    (b-5) The imprisonment or assignment of community service 
31
under subsections
(b-3) and (b-4) shall not be subject to 
32
suspension, nor shall the person be
eligible for a reduced 
33
sentence.


34
    (b-6) A person convicted of violating subsection (a) or a 
35
similar provision a fourth or subsequent time is guilty of a 
36
Class 2 felony and is not eligible for a sentence of probation 
 


 






HB7349
- 3 -
LRB093 23466 DRH 53459 b




1
or conditional discharge.

2
    (c) (Blank).



3
    (c-1) (1) A person who violates subsection (a)

during
a 
4
    period in which his
or her driving privileges are revoked 
5
    or suspended, where the revocation or
suspension was for a 
6
    violation of subsection (a), Section
11-501.1, paragraph 
7
    (b)
of Section 11-401, or for reckless homicide as defined 
8
    in Section 9-3 of
the Criminal Code of 1961 is guilty of a

9
    Class 4 felony.


10
        (2) A person who violates subsection (a) a third
time, 
11
    if the third violation occurs during a period in
which his 
12
    or her driving privileges are revoked or suspended where 
13
    the
revocation
or suspension was for a violation of 
14
    subsection (a),
Section 11-501.1, paragraph
(b) of Section 
15
    11-401, or for reckless homicide as defined in Section 9-3

16
    of the Criminal Code of 1961, is guilty of
a Class 3 
17
    felony.(2.1) A person who violates subsection (a) a third 
18
    time, if the third
violation occurs during a period in 
19
    which his or her driving privileges are
revoked or 
20
    suspended where the revocation or suspension was for a 
21
    violation of
subsection (a), Section 11-501.1, subsection 
22
    (b) of Section 11-401, or for
reckless homicide as defined 
23
    in Section
9-3 of the Criminal Code of 1961, is guilty of a 
24
    Class 3 felony; and if the
person receives a term of

25
    probation or conditional discharge, he or she shall be 
26
    required to serve a
mandatory
minimum of 10 days of 
27
    imprisonment or shall be assigned a mandatory minimum of

28
    480 hours of community service, as may be determined by the 
29
    court, as a
condition of the probation or conditional 
30
    discharge. This mandatory minimum
term of imprisonment or 
31
    assignment of community service shall not be suspended
or 
32
    reduced by the court.

33
        (2.2) A person who violates subsection (a), if the

34
    violation occurs during a period in which his or her 
35
    driving privileges are
revoked or suspended where the 
36
    revocation or suspension was for a violation of
subsection 
 


 






HB7349
- 4 -
LRB093 23466 DRH 53459 b




1
    (a) or Section 11-501.1, shall also be sentenced to an 
2
    additional
mandatory minimum term of 30 consecutive days of 
3
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
4
    720 hours of community service, as may be
determined by the 
5
    court.  This mandatory term of imprisonment or assignment of

6
    community service shall  not be suspended or reduced by the 
7
    court.


8
        (3) A person who violates subsection (a) a fourth or

9
    subsequent time, if the fourth or subsequent violation 
10
    occurs
during a period in which his
or her driving 
11
    privileges are revoked or suspended where the revocation
or 
12
    suspension was for a violation of subsection (a),
Section 
13
    11-501.1, paragraph
(b) of Section 11-401, or for reckless 
14
    homicide as defined in
Section 9-3
of
the Criminal Code of 
15
    1961, is guilty of
a Class 2 felony and is not eligible for 
16
    a sentence of probation or
conditional discharge.


17
    (c-2) (Blank).


18
    (c-3) (Blank).



19
    (c-4) (Blank).

20
    (c-5) A person who violates subsection (a), if the person 
21
was transporting
a person under the age of 16 at the time of 
22
the violation, is subject to an
additional mandatory minimum 
23
fine of $1,000, an additional mandatory minimum
140 hours of 
24
community service, which shall include 40 hours of community

25
service in a program benefiting children, and an additional 2 
26
days of
imprisonment. The imprisonment or assignment of 
27
community service under this
subsection (c-5) is not subject to 
28
suspension, nor is the person eligible for
a reduced sentence.

29
    (c-6) Except as provided in subsections (c-7) and (c-8) a 
30
person who
violates
subsection (a) a second time, if at the 
31
time of
the second violation the person was transporting a 
32
person under the age of 16,
is subject to an additional 10 days 
33
of imprisonment, an additional mandatory
minimum fine of 
34
$1,000, and an additional mandatory minimum 140 hours of

35
community service, which shall include 40 hours of community 
36
service in a
program benefiting children.
The imprisonment or 
 


 






HB7349
- 5 -
LRB093 23466 DRH 53459 b




1
assignment of community service under this subsection (c-6)
is 
2
not subject to suspension, nor is the person eligible for a 
3
reduced
sentence.

4
    (c-7) Except as provided in subsection (c-8), any person 
5
convicted of
violating subsection (c-6) or a similar
provision 
6
within 10 years of a previous violation of subsection (a) or a

7
similar provision shall receive, in addition to any other 
8
penalty imposed, a
mandatory minimum 12 days imprisonment, an 
9
additional 40 hours of mandatory
community service in a program 
10
benefiting children, and a mandatory minimum
fine of $1,750. 
11
The imprisonment or assignment of community service under this

12
subsection (c-7) is not subject to suspension, nor is the 
13
person
eligible for a reduced sentence.

14
    (c-8) Any person convicted of violating subsection (c-6) or 
15
a similar
provision within 5 years of a previous violation of 
16
subsection (a) or a similar
provision shall receive, in 
17
addition to any other penalty imposed, an
additional 80 hours 
18
of mandatory community service in a program benefiting

19
children, an additional mandatory minimum 12 days of 
20
imprisonment, and a
mandatory minimum fine of $1,750. The 
21
imprisonment or assignment of community
service under this 
22
subsection (c-8) is not subject to suspension, nor
is the

23
person eligible for a reduced sentence.

24
    (c-9) Any person convicted a third time for violating 
25
subsection (a) or a
similar provision, if at the time of the 
26
third violation the person was
transporting a person under the 
27
age of 16, is guilty of a Class 4 felony and shall
receive, in 
28
addition to any other
penalty imposed, an additional mandatory 
29
fine of $1,000, an additional
mandatory 140 hours of community 
30
service, which shall include 40 hours in a
program benefiting 
31
children, and a mandatory minimum 30 days of imprisonment.
The 
32
imprisonment or assignment of community service under this 
33
subsection (c-9)
is not subject to suspension, nor is the 
34
person eligible for a reduced
sentence.

35
    (c-10) Any person convicted of violating subsection (c-9) 
36
or a similar
provision a third time within 20 years of a 
 


 






HB7349
- 6 -
LRB093 23466 DRH 53459 b




1
previous violation of subsection
(a) or a
similar provision is 
2
guilty of a Class 4 felony and shall receive, in addition
to 
3
any other penalty imposed, an additional mandatory 40 hours of 
4
community
service in a program benefiting children, an 
5
additional mandatory fine of
$3,000
$3000, and a mandatory 
6
minimum 120 days of imprisonment. The imprisonment or

7
assignment of community service under this subsection (c-10) is 
8
not subject to
suspension, nor is the person eligible for a 
9
reduced sentence.

10
    (c-11) Any person convicted a fourth or subsequent time for 
11
violating
subsection (a) or a similar provision, if at the time 
12
of the fourth or
subsequent violation the person was 
13
transporting a person under the age of 16,
and if the person's 
14
3 prior violations of subsection (a) or a similar provision

15
occurred while transporting a person under the age of 16 or 
16
while the alcohol
concentration in his or her blood, breath, or 
17
urine was 0.16 or more based
on the definition of blood, 
18
breath, or urine units in Section 11-501.2, is
guilty of a 
19
Class 2 felony, is not eligible for probation or conditional

20
discharge, and is subject to a minimum fine of $3,000.

21
    (c-12) Any person convicted of a first violation of 
22
subsection (a) or a
similar provision, if the alcohol 
23
concentration in his or her blood, breath, or
urine was 0.16 or 
24
more based on the definition of blood, breath, or urine
units 
25
in Section 11-501.2, shall be subject, in addition to any other 
26
penalty
that may be imposed, to a mandatory minimum of 100 
27
hours of community service
and a mandatory minimum fine of 
28
$500.

29
    (c-13) Any person convicted of a second violation of 
30
subsection (a) or a similar provision committed within 10 years 
31
of a previous violation of subsection (a) or a similar 
32
provision committed within 10 years of a previous violation of 
33
subsection (a) or a similar provision, if at the time of the 
34
second violation of subsection (a) or a similar provision the

35
alcohol concentration in his or her blood, breath, or urine was 
36
0.16 or more
based on the definition of blood, breath, or urine 
 


 






HB7349
- 7 -
LRB093 23466 DRH 53459 b




1
units in Section 11-501.2,
shall be
subject, in addition to any 
2
other penalty that may be imposed, to a mandatory
minimum of 2 
3
days of imprisonment and a mandatory minimum fine of $1,250.

4
    (c-14) Any person convicted of a third violation of 
5
subsection (a) or a
similar provision within 20 years of a 
6
previous violation of subsection (a) or
a
similar provision, if 
7
at the time of the third violation of subsection (a) or a

8
similar provision the alcohol concentration in his or her 
9
blood, breath, or
urine was 0.16 or more based on the 
10
definition of blood, breath, or urine units
in Section 
11
11-501.2, is guilty of a Class 4 felony and shall be subject, 
12
in
addition to any other penalty that may be imposed, to a 
13
mandatory minimum of
90 days of imprisonment and a mandatory 
14
minimum fine of $2,500.

15
    (c-15) Any person convicted of a fourth or subsequent 
16
violation of
subsection
(a) or a similar provision, if at the 
17
time of the fourth or subsequent
violation the alcohol 
18
concentration in his or her blood, breath, or urine was
0.16 or 
19
more based on the definition of blood, breath, or urine units 
20
in
Section 11-501.2, and if the person's 3 prior violations of 
21
subsection (a) or a
similar provision occurred while 
22
transporting a person under the age of 16 or
while the alcohol 
23
concentration in his or her blood, breath, or urine was 0.16
or 
24
more based on the definition of blood, breath, or urine units 
25
in Section
11-501.2, is guilty of a Class 2 felony and is not 
26
eligible for a sentence of
probation or conditional discharge 
27
and is subject to a minimum fine of
$2,500.


28
    (d) (1) Every person convicted of committing a violation of 
29
    this Section
shall be guilty of aggravated driving under 
30
    the influence of alcohol,
other drug or drugs, or 
31
    intoxicating compound or compounds, or any combination

32
    thereof if:


33
            (A) the person committed a violation of subsection 
34
        (a) or a similar
provision for the
third or subsequent 
35
        time;


36
            (B) the person committed a violation of subsection 
 


 






HB7349
- 8 -
LRB093 23466 DRH 53459 b




1
        (a)
while
driving a school bus with persons 18 years of 
2
        age or younger

on board;


3
            (C) the person in committing a violation of 
4
        subsection
(a) was
involved in a motor vehicle accident 
5
        that resulted in great bodily harm or
permanent 
6
        disability or disfigurement to another, when the 
7
        violation was
a proximate cause of the injuries;


8
            (D) the person committed a violation of subsection 
9
        (a)
for a
second time and has been previously convicted 
10
        of violating Section 9-3 of the
Criminal Code of 1961 
11
        or a similar provision of a law of another state 
12
        relating to reckless homicide in which the person was

13
        determined to have been under the influence of alcohol, 
14
        other drug or
drugs, or intoxicating compound or 
15
        compounds as an element of the offense or
the person 
16
        has previously been convicted
under subparagraph (C) 
17
        or subparagraph (F) of this paragraph (1);


18
            (E) the person, in committing a violation of 
19
        subsection (a) while
driving at any speed in a school 
20
        speed zone at a time when a speed limit of
20 miles per 
21
        hour was in effect under subsection (a) of Section 
22
        11-605 of
this Code, was involved in a motor vehicle 
23
        accident that resulted in bodily
harm, other than great 
24
        bodily harm or permanent disability or disfigurement,

25
        to another person, when the violation of subsection (a) 
26
        was a
proximate cause
of the bodily harm; or


27
            (F) the person, in committing a violation of 
28
        subsection (a), was
involved in a motor vehicle, 
29
        snowmobile, all-terrain vehicle, or watercraft

30
        accident that resulted in
the death of another person, 
31
        when the violation of subsection
(a) was
a proximate 
32
        cause of the death.


33
        (2) Except as provided in this paragraph (2), a person 
34
    convicted of
aggravated driving under
the
influence of 
35
    alcohol, other drug or
drugs,
or intoxicating compound or 
36
    compounds, or any
combination thereof is guilty of a Class 
 


 






HB7349
- 9 -
LRB093 23466 DRH 53459 b




1
    4 felony.  For a violation of
subparagraph (C)
of
paragraph 
2
    (1) of this subsection (d), the defendant, if sentenced to 
3
    a term
of imprisonment, shall be sentenced
to not less than

4
    one year nor more than 12 years.
Aggravated driving under 
5
    the influence of alcohol, other drug or drugs,
or 
6
    intoxicating compound or compounds, or any combination 
7
    thereof as
defined in subparagraph (F) of paragraph (1) of 
8
    this subsection (d) is
a Class 2 felony, for which the 
9
    defendant, if sentenced to a term of
imprisonment, shall be 
10
    sentenced to: (A) a
term of imprisonment of not less than 3 
11
    years and not more
than 14 years if the violation resulted 
12
    in the death of one person; or
(B) a term of imprisonment 
13
    of not less than 6 years and not
more than 28 years if the 
14
    violation resulted in the deaths of 2 or more
persons.
For 
15
    any prosecution under this subsection
(d), a certified copy 
16
    of the
driving abstract of the defendant shall be admitted 
17
    as proof of any prior
conviction.
Any person sentenced 
18
    under this subsection (d) who receives a term of
probation

19
    or conditional discharge must serve a minimum term of 
20
    either 480 hours of
community service or 10 days of 
21
    imprisonment as a condition of the probation or
conditional 
22
    discharge. This mandatory minimum term of imprisonment or

23
    assignment of community service may not be suspended or 
24
    reduced by the court.


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 paid 
35
for by the
individual
required to undergo the professional 
36
evaluation.


 


 






HB7349
- 10 -
LRB093 23466 DRH 53459 b




1
    (e-1) Any person who is found guilty of or pleads guilty to 
2
violating this
Section, including any person receiving a 
3
disposition of court supervision for
violating this Section, 
4
may be required by the Court to attend a victim
impact panel 
5
offered by, or under contract with, a County State's Attorney's

6
office, a probation and court services department, Mothers 
7
Against Drunk
Driving,
or the Alliance Against Intoxicated 
8
Motorists.
All costs generated by
the victim impact panel shall 
9
be paid from fees collected from the
offender or as may be 
10
determined by the court.


11
    (f) Every person found guilty of violating this Section, 
12
whose
operation of a motor vehicle while in violation of this 
13
Section proximately
caused any incident resulting in an 
14
appropriate emergency response, shall
be liable for the expense 
15
of an emergency response as provided under
Section 5-5-3 of the 
16
Unified Code of Corrections.


17
    (g) The Secretary of State shall revoke the driving 
18
privileges of any
person convicted under this Section or a 
19
similar provision of a local
ordinance.


20
    (h) (Blank).



21
    (i) The Secretary of State shall require the use of 
22
ignition interlock
devices on all vehicles owned by an 
23
individual who has been convicted of a
second
or subsequent 
24
offense of this Section or a similar provision of a local

25
ordinance.  The Secretary shall establish by rule and regulation 
26
the procedures
for certification and use of the interlock 
27
system.


28
    (j) In addition to any other penalties and liabilities, a 
29
person who is
found guilty of or pleads guilty to violating 
30
subsection (a), including any
person placed on court 
31
supervision for violating subsection (a), shall be fined
$500, 
32
payable to the
circuit clerk, who shall distribute the money as 
33
follows: 20% to the law enforcement agency
that made the arrest 
34
and 80% shall be forwarded to the State Treasurer for deposit 
35
into the General Revenue Fund.  If the person has been 
36
previously convicted of violating
subsection (a) or a similar 
 


 






HB7349
- 11 -
LRB093 23466 DRH 53459 b




1
provision of a local
ordinance, the fine shall be
$1,000.  In 
2
the event that more than one agency is responsible
for the 
3
arrest, the amount payable to law enforcement agencies  shall be 
4
shared equally.  Any moneys received
by a law
enforcement agency 
5
under this subsection (j) shall be used to purchase law

6
enforcement equipment that will assist in the prevention of 
7
alcohol related
criminal violence throughout the State.  This 
8
shall include, but is not limited
to, in-car video cameras, 
9
radar and laser speed detection devices, and alcohol
breath 
10
testers.
Any moneys received by the Department of State Police 
11
under this subsection
(j) shall be deposited into the State 
12
Police DUI Fund and shall be used to
purchase law enforcement 
13
equipment that will assist in the prevention of
alcohol related 
14
criminal violence throughout the State.


15
    (k) The Secretary of State Police DUI Fund is created as a 
16
special
fund in the State treasury. All moneys received by the 
17
Secretary of State
Police under subsection (j) of this Section 
18
shall be deposited into the
Secretary of State Police DUI Fund 
19
and, subject to appropriation, shall be
used to purchase law 
20
enforcement equipment to assist in the prevention of
alcohol 
21
related criminal violence throughout the State.


22
    (l) Whenever an individual is sentenced for an offense 
23
based upon an
arrest for a violation of subsection (a) or a 
24
similar provision of a local
ordinance, and the professional 
25
evaluation recommends remedial or
rehabilitative treatment or 
26
education, neither the treatment nor the education
shall be the 
27
sole disposition and either or both may be imposed only in

28
conjunction with another disposition. The court shall monitor 
29
compliance with
any remedial education or treatment 
30
recommendations contained in the
professional evaluation. 
31
Programs conducting alcohol or other drug evaluation
or 
32
remedial education must be licensed by the Department of Human 
33
Services. If
the individual is not a resident of Illinois, 
34
however, the court may accept an
alcohol or other drug 
35
evaluation or remedial education program in the
individual's 
36
state of residence.  Programs providing treatment must be 
 


 






HB7349
- 12 -
LRB093 23466 DRH 53459 b




1
licensed
under existing applicable alcoholism and drug 
2
treatment licensure standards.

3
    (m) In addition to any other fine or penalty required by 
4
law, an individual
convicted of a violation of subsection (a), 
5
Section 5-7 of the Snowmobile
Registration and Safety Act, 
6
Section 5-16 of the Boat Registration and Safety
Act, or a 
7
similar provision, whose operation of a motor vehicle, 
8
snowmobile, or
watercraft while in
violation of subsection (a), 
9
Section 5-7 of the Snowmobile Registration and
Safety Act, 
10
Section 5-16 of the Boat Registration and Safety Act, or a 
11
similar
provision proximately caused an incident resulting in 
12
an appropriate emergency
response, shall be required to make 
13
restitution to a public agency for the
costs of that emergency 
14
response. The restitution may not exceed $1,000 per
public 
15
agency for each emergency response. As used in this subsection 
16
(m),
"emergency response" means any incident requiring a 
17
response by a police
officer, a firefighter carried on the 
18
rolls of a regularly constituted fire
department, or an 
19
ambulance.


20
(Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; 
21
92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; 
22
92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff. 
23
7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, 
24
eff. 1-1-05; 93-840, eff. 7-30-04; revised 10-21-04.)



 
25
    Section 99. Effective date. This Act takes effect January 
26
1, 2005.