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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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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 | (Text of Section from P.A. 93-1093 and 94-963) | ||||||
8 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
9 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
10 | combination thereof.
| ||||||
11 | (a) A person shall not drive or be in actual
physical | ||||||
12 | control of any vehicle within this State while:
| ||||||
13 | (1) the alcohol concentration in the person's blood or | ||||||
14 | breath is 0.08
or more based on the definition of blood and | ||||||
15 | breath units in Section 11-501.2;
| ||||||
16 | (2) under the influence of alcohol;
| ||||||
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;
| ||||||
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;
| ||||||
23 | (5) under the combined influence of alcohol, other drug |
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| |||||||
1 | or drugs, or
intoxicating compound or compounds to a degree | ||||||
2 | that renders the person
incapable of safely driving; or
| ||||||
3 | (6) there is any amount of a drug, substance, or | ||||||
4 | compound in the
person's breath, blood, or urine resulting | ||||||
5 | from the unlawful use or consumption
of cannabis listed in | ||||||
6 | the Cannabis Control Act, a controlled substance listed
in | ||||||
7 | the Illinois Controlled Substances Act, or an intoxicating | ||||||
8 | compound listed
in the Use of Intoxicating Compounds Act.
| ||||||
9 | (b) The fact that any person charged with violating this | ||||||
10 | Section is or
has been legally entitled to use alcohol, other | ||||||
11 | drug or drugs, or
intoxicating compound or compounds, or any
| ||||||
12 | combination thereof, shall not constitute a defense against any | ||||||
13 | charge of
violating this Section.
| ||||||
14 | (b-1) With regard to penalties imposed under this Section:
| ||||||
15 | (1) Any reference to a prior violation of subsection | ||||||
16 | (a) or a similar
provision includes any violation of a | ||||||
17 | provision of a local ordinance or a
provision of a law of | ||||||
18 | another state that is similar to a violation of
subsection | ||||||
19 | (a) of this Section.
| ||||||
20 | (2) Any penalty imposed for driving with a license that | ||||||
21 | has been revoked
for a previous violation of subsection (a) | ||||||
22 | of this Section shall be in
addition to the penalty imposed | ||||||
23 | for any subsequent violation of subsection (a).
| ||||||
24 | (b-2) Except as otherwise provided in this Section, any | ||||||
25 | person convicted of
violating subsection (a) of this Section is | ||||||
26 | guilty of a Class A misdemeanor.
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| |||||||
1 | (b-3) In addition to any other criminal or administrative | ||||||
2 | sanction for any
second conviction of violating subsection (a) | ||||||
3 | or a similar provision committed
within 5 years of a previous | ||||||
4 | violation of subsection (a) or a similar
provision, the | ||||||
5 | defendant shall be sentenced to a mandatory minimum of 5 days | ||||||
6 | of
imprisonment or assigned a mandatory minimum of 240 hours of | ||||||
7 | community service
as may be determined by the court.
| ||||||
8 | (b-4) In the case of a third or subsequent violation | ||||||
9 | committed within 5
years of a previous violation of subsection | ||||||
10 | (a) or a similar provision, in
addition to any other criminal | ||||||
11 | or administrative sanction, a mandatory minimum
term of either | ||||||
12 | 10 days of imprisonment or 480 hours of community service shall
| ||||||
13 | be imposed.
| ||||||
14 | (b-5) The imprisonment or assignment of community service | ||||||
15 | under subsections
(b-3) and (b-4) shall not be subject to | ||||||
16 | suspension, nor shall the person be
eligible for a reduced | ||||||
17 | sentence.
| ||||||
18 | (c) (Blank).
| ||||||
19 | (c-1) (1) A person who violates subsection (a)
during
a | ||||||
20 | period in which his
or her driving privileges are revoked | ||||||
21 | or suspended, where the revocation or
suspension was for a | ||||||
22 | violation of subsection (a), Section
11-501.1, paragraph | ||||||
23 | (b)
of Section 11-401, or for reckless homicide as defined | ||||||
24 | in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| ||||||
25 | Class 4 felony.
| ||||||
26 | (2) A person who violates subsection (a) a third
time, |
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| |||||||
1 | if the third violation occurs during a period in
which his | ||||||
2 | or her driving privileges are revoked or suspended where | ||||||
3 | the
revocation
or suspension was for a violation of | ||||||
4 | subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||||||
5 | 11-401, or for reckless homicide as defined in Section 9-3
| ||||||
6 | of the Criminal Code of 1961, is guilty of
a Class 3 | ||||||
7 | felony; and if the
person receives a term of
probation or | ||||||
8 | conditional discharge, he or she shall be required to serve | ||||||
9 | a
mandatory
minimum of 10 days of imprisonment or shall be | ||||||
10 | assigned a mandatory minimum of
480 hours of community | ||||||
11 | service, as may be determined by the court, as a
condition | ||||||
12 | of the probation or conditional discharge. This mandatory | ||||||
13 | minimum
term of imprisonment or assignment of community | ||||||
14 | service shall not be suspended
or reduced by the court.
| ||||||
15 | (2.2) A person who violates subsection (a), if the
| ||||||
16 | violation occurs during a period in which his or her | ||||||
17 | driving privileges are
revoked or suspended where the | ||||||
18 | revocation or suspension was for a violation of
subsection | ||||||
19 | (a) or Section 11-501.1, shall also be sentenced to an | ||||||
20 | additional
mandatory minimum term of 30 consecutive days of | ||||||
21 | imprisonment, 40 days of
24-hour periodic imprisonment, or | ||||||
22 | 720 hours of community service, as may be
determined by the | ||||||
23 | court. This mandatory term of imprisonment or assignment of
| ||||||
24 | community service shall not be suspended or reduced by the | ||||||
25 | court.
| ||||||
26 | (3) A person who violates subsection (a) a fourth or
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| |||||||
1 | subsequent time, if the fourth or subsequent violation | ||||||
2 | occurs
during a period in which his
or her driving | ||||||
3 | privileges are revoked or suspended where the revocation
or | ||||||
4 | suspension was for a violation of subsection (a),
Section | ||||||
5 | 11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||||||
6 | homicide as defined in
Section 9-3
of
the Criminal Code of | ||||||
7 | 1961, is guilty of
a Class 2 felony and is not eligible for | ||||||
8 | a sentence of probation or
conditional discharge.
| ||||||
9 | (c-2) (Blank).
| ||||||
10 | (c-3) (Blank).
| ||||||
11 | (c-4) (Blank).
| ||||||
12 | (c-5)(1) A person who violates subsection (a), if the | ||||||
13 | person was transporting
a person under the age of 16 at the | ||||||
14 | time of the violation, is subject to an
additional | ||||||
15 | mandatory minimum fine of $1,000, an additional mandatory | ||||||
16 | minimum
140 hours of community service, which shall include | ||||||
17 | 40 hours of community
service in a program benefiting | ||||||
18 | children, and an additional 2 days of
imprisonment. The | ||||||
19 | imprisonment or assignment of community service under this | ||||||
20 | subdivision (c-5)(1) is not subject to suspension, nor is | ||||||
21 | the person eligible for
a reduced sentence.
| ||||||
22 | (2) Except as provided in subdivisions (c-5)(3) and | ||||||
23 | (c-5)(4) a person who
violates
subsection (a) a second | ||||||
24 | time, if at the time of
the second violation the person was | ||||||
25 | transporting a person under the age of 16,
is subject to an | ||||||
26 | additional 10 days of imprisonment, an additional |
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| |||||||
1 | mandatory
minimum fine of $1,000, and an additional | ||||||
2 | mandatory minimum 140 hours of
community service, which | ||||||
3 | shall include 40 hours of community service in a
program | ||||||
4 | benefiting children.
The imprisonment or assignment of | ||||||
5 | community service under this subdivision (c-5)(2)
is not | ||||||
6 | subject to suspension, nor is the person eligible for a | ||||||
7 | reduced
sentence. If the person was transporting a | ||||||
8 | passenger under the age of 16 years at the time of the | ||||||
9 | first violation and at the time of the second violation, | ||||||
10 | the person is guilty of a Class 4 felony.
| ||||||
11 | (3) Except as provided in subdivision (c-5)(4), any | ||||||
12 | person convicted of
violating subdivision (c-5)(2) or a | ||||||
13 | similar
provision within 10 years of a previous violation | ||||||
14 | of subsection (a) or a
similar provision shall receive, in | ||||||
15 | addition to any other penalty imposed, a
mandatory minimum | ||||||
16 | 12 days imprisonment, an additional 40 hours of mandatory
| ||||||
17 | community service in a program benefiting children, and a | ||||||
18 | mandatory minimum
fine of $1,750. The imprisonment or | ||||||
19 | assignment of community service under this subdivision | ||||||
20 | (c-5)(3) is not subject to suspension, nor is the person
| ||||||
21 | eligible for a reduced sentence. If the person was | ||||||
22 | transporting a passenger under the age of 16 years at the | ||||||
23 | time of the first violation and at the time of the second | ||||||
24 | violation, the person is guilty of a Class 4 felony.
| ||||||
25 | (4) Any person convicted of violating subdivision | ||||||
26 | (c-5)(2) or a similar
provision within 5 years of a |
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| |||||||
1 | previous violation of subsection (a) or a similar
provision | ||||||
2 | shall receive, in addition to any other penalty imposed, an
| ||||||
3 | additional 80 hours of mandatory community service in a | ||||||
4 | program benefiting
children, an additional mandatory | ||||||
5 | minimum 12 days of imprisonment, and a
mandatory minimum | ||||||
6 | fine of $1,750. The imprisonment or assignment of community
| ||||||
7 | service under this subdivision (c-5)(4)
is not subject to | ||||||
8 | suspension, nor
is the
person eligible for a reduced | ||||||
9 | sentence. If the person was transporting a passenger under | ||||||
10 | the age of 16 years at the time of the first violation and | ||||||
11 | at the time of the second violation, the person is guilty | ||||||
12 | of a Class 4 felony.
| ||||||
13 | (5) Any person convicted a third time for violating | ||||||
14 | subsection (a) or a
similar provision, if at the time of | ||||||
15 | the third violation the person was
transporting a person | ||||||
16 | under the age of 16, is guilty of a Class 4 felony and | ||||||
17 | shall
receive, in addition to any other
penalty imposed, an | ||||||
18 | additional mandatory fine of $1,000, an additional
| ||||||
19 | mandatory 140 hours of community service, which shall | ||||||
20 | include 40 hours in a
program benefiting children, and a | ||||||
21 | mandatory minimum 30 days of imprisonment.
The | ||||||
22 | imprisonment or assignment of community service under this | ||||||
23 | subdivision (c-5)(5)
is not subject to suspension, nor is | ||||||
24 | the person eligible for a reduced
sentence.
| ||||||
25 | (6) Any person convicted of violating subdivision | ||||||
26 | (c-5)(5) or a similar
provision a third time within 20 |
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| |||||||
1 | years of a previous violation of subsection
(a) or a
| ||||||
2 | similar provision is guilty of a Class 4 felony and shall | ||||||
3 | receive, in addition
to any other penalty imposed, an | ||||||
4 | additional mandatory 40 hours of community
service in a | ||||||
5 | program benefiting children, an additional mandatory fine | ||||||
6 | of
$3,000, and a mandatory minimum 120 days of | ||||||
7 | imprisonment. The imprisonment or
assignment of community | ||||||
8 | service under this subdivision (c-5)(6) is not subject to
| ||||||
9 | suspension, nor is the person eligible for a reduced | ||||||
10 | sentence.
| ||||||
11 | (7) Any person convicted a fourth or subsequent time | ||||||
12 | for violating
subsection (a) or a similar provision, if at | ||||||
13 | the time of the fourth or
subsequent violation the person | ||||||
14 | was transporting a person under the age of 16,
and if the | ||||||
15 | person's 3 prior violations of subsection (a) or a
similar | ||||||
16 | provision
occurred while transporting a person under the | ||||||
17 | age of 16 or while the alcohol
concentration in his or her | ||||||
18 | blood, breath, or urine was 0.16 or more based
on the | ||||||
19 | definition of blood, breath, or urine units in Section | ||||||
20 | 11-501.2, is
guilty of a Class 2 felony, is not eligible | ||||||
21 | for probation or conditional
discharge, and is subject to a | ||||||
22 | minimum fine of $3,000.
| ||||||
23 | (c-6)(1) Any person convicted of a first violation of | ||||||
24 | subsection (a) or a
similar provision, if the alcohol | ||||||
25 | concentration in his or her blood, breath, or
urine was | ||||||
26 | 0.16 or more based on the definition of blood, breath, or |
| |||||||
| |||||||
1 | urine
units in Section 11-501.2, shall be subject, in | ||||||
2 | addition to any other penalty
that may be imposed, to a | ||||||
3 | mandatory minimum of 100 hours of community service
and a | ||||||
4 | mandatory minimum fine of $500.
| ||||||
5 | (2) Any person convicted of a second violation of | ||||||
6 | subsection (a) or a similar provision committed within 10 | ||||||
7 | years of a previous violation of subsection (a) or a | ||||||
8 | similar provision, if at the time of the second violation | ||||||
9 | of subsection (a) or a similar provision the
alcohol | ||||||
10 | concentration in his or her blood, breath, or urine was | ||||||
11 | 0.16 or more
based on the definition of blood, breath, or | ||||||
12 | urine units in Section 11-501.2,
shall be
subject, in | ||||||
13 | addition to any other penalty that may be imposed, to a | ||||||
14 | mandatory
minimum of 2 days of imprisonment and a mandatory | ||||||
15 | minimum fine of $1,250.
| ||||||
16 | (3) Any person convicted of a third violation of | ||||||
17 | subsection (a) or a
similar provision within 20 years of a | ||||||
18 | previous violation of subsection (a) or
a
similar | ||||||
19 | provision, if at the time of the third violation of | ||||||
20 | subsection (a) or a
similar provision the alcohol | ||||||
21 | concentration in his or her blood, breath, or
urine was | ||||||
22 | 0.16 or more based on the definition of blood, breath, or | ||||||
23 | urine units
in Section 11-501.2, is guilty of a Class 4 | ||||||
24 | felony and shall be subject, in
addition to any other | ||||||
25 | penalty that may be imposed, to a mandatory minimum of
90 | ||||||
26 | days of imprisonment and a mandatory minimum fine of |
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| |||||||
1 | $2,500.
| ||||||
2 | (4) Any person convicted of a fourth or subsequent | ||||||
3 | violation of
subsection
(a) or a similar provision, if at | ||||||
4 | the time of the fourth or subsequent
violation the alcohol | ||||||
5 | concentration in his or her blood, breath, or urine was
| ||||||
6 | 0.16 or more based on the definition of blood, breath, or | ||||||
7 | urine units in
Section 11-501.2, and if the person's 3 | ||||||
8 | prior violations of subsection (a) or a
similar provision | ||||||
9 | occurred while transporting a person under the age of 16 or
| ||||||
10 | while the alcohol concentration in his or her blood, | ||||||
11 | breath, or urine was 0.16
or more based on the definition | ||||||
12 | of blood, breath, or urine units in Section
11-501.2, is | ||||||
13 | guilty of a Class 2 felony and is not eligible for a | ||||||
14 | sentence of
probation or conditional discharge and is | ||||||
15 | subject to a minimum fine of
$2,500.
| ||||||
16 | (d) (1) Every person convicted of committing a violation of | ||||||
17 | this Section
shall be guilty of aggravated driving under | ||||||
18 | the influence of alcohol,
other drug or drugs, or | ||||||
19 | intoxicating compound or compounds, or any combination
| ||||||
20 | thereof if:
| ||||||
21 | (A) the person committed a violation of subsection | ||||||
22 | (a) or a similar
provision for the
third or subsequent | ||||||
23 | time;
| ||||||
24 | (B) the person committed a violation of subsection | ||||||
25 | (a)
while
driving a school bus with persons 18 years of | ||||||
26 | age or younger
on board;
|
| |||||||
| |||||||
1 | (C) the person in committing a violation of | ||||||
2 | subsection
(a) was
involved in a motor vehicle accident | ||||||
3 | that resulted in great bodily harm or
permanent | ||||||
4 | disability or disfigurement to another, when the | ||||||
5 | violation was
a proximate cause of the injuries;
| ||||||
6 | (D) the person committed a violation of subsection | ||||||
7 | (a)
for a
second time and has been previously convicted | ||||||
8 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
9 | or a similar provision of a law of another state | ||||||
10 | relating to reckless homicide in which the person was
| ||||||
11 | determined to have been under the influence of alcohol, | ||||||
12 | other drug or
drugs, or intoxicating compound or | ||||||
13 | compounds as an element of the offense or
the person | ||||||
14 | has previously been convicted
under subparagraph (C) | ||||||
15 | or subparagraph (F) of this paragraph (1);
| ||||||
16 | (E) the person, in committing a violation of | ||||||
17 | subsection (a) while
driving at any speed in a school | ||||||
18 | speed zone at a time when a speed limit of
20 miles per | ||||||
19 | hour was in effect under subsection (a) of Section | ||||||
20 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
21 | accident that resulted in bodily
harm, other than great | ||||||
22 | bodily harm or permanent disability or disfigurement,
| ||||||
23 | to another person, when the violation of subsection (a) | ||||||
24 | was a
proximate cause
of the bodily harm; or
| ||||||
25 | (F) the person, in committing a violation of | ||||||
26 | subsection (a), was
involved in a motor vehicle, |
| |||||||
| |||||||
1 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
2 | accident that resulted in
the death of another person, | ||||||
3 | when the violation of subsection
(a) was
a proximate | ||||||
4 | cause of the death.
| ||||||
5 | (2) Except as provided in this paragraph (2), a person | ||||||
6 | convicted of
aggravated driving under
the
influence of | ||||||
7 | alcohol, other drug or
drugs,
or intoxicating compound or | ||||||
8 | compounds, or any
combination thereof is guilty of a Class | ||||||
9 | 4 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.
Any person sentenced | ||||||
26 | under this subsection (d) who receives a term of
probation
|
| |||||||
| |||||||
1 | or conditional discharge must serve a minimum term of | ||||||
2 | either 480 hours of
community service or 10 days of | ||||||
3 | imprisonment as a condition of the probation or
conditional | ||||||
4 | discharge. This mandatory minimum term of imprisonment or
| ||||||
5 | assignment of community service may not be suspended or | ||||||
6 | reduced by the court.
| ||||||
7 | (e) After a finding of guilt and prior to any final | ||||||
8 | sentencing, or an
order for supervision, for an offense based | ||||||
9 | upon an arrest for a
violation of this Section or a similar | ||||||
10 | provision of a local ordinance,
individuals shall be required | ||||||
11 | to undergo a professional evaluation to
determine if an | ||||||
12 | alcohol, drug, or intoxicating compound abuse problem exists
| ||||||
13 | and the
extent of the problem, and undergo the imposition of | ||||||
14 | treatment as appropriate.
Programs conducting these | ||||||
15 | evaluations shall be
licensed by the Department of Human | ||||||
16 | Services. The cost of any professional
evaluation shall be paid | ||||||
17 | for by the
individual
required to undergo the professional | ||||||
18 | evaluation.
| ||||||
19 | (e-1) Any person who is found guilty of or pleads guilty to | ||||||
20 | violating this
Section, including any person receiving a | ||||||
21 | disposition of court supervision for
violating this Section, | ||||||
22 | may be required by the Court to attend a victim
impact panel | ||||||
23 | offered by, or under contract with, a County State's Attorney's
| ||||||
24 | office, a probation and court services department, Mothers | ||||||
25 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
26 | Motorists.
All costs generated by
the victim impact panel shall |
| |||||||
| |||||||
1 | be paid from fees collected from the
offender or as may be | ||||||
2 | determined by the court.
| ||||||
3 | (f) Every person found guilty of violating this Section, | ||||||
4 | whose
operation of a motor vehicle while in violation of this | ||||||
5 | Section proximately
caused any incident resulting in an | ||||||
6 | appropriate emergency response, shall
be liable for the expense | ||||||
7 | of an emergency response as provided under
Section 5-5-3 of the | ||||||
8 | Unified Code of Corrections.
| ||||||
9 | (g) The Secretary of State shall revoke the driving | ||||||
10 | privileges of any
person convicted under this Section or a | ||||||
11 | similar provision of a local
ordinance.
| ||||||
12 | (h) (Blank).
| ||||||
13 | (i) The Secretary of State shall require the use of | ||||||
14 | ignition interlock
devices on all vehicles owned by an | ||||||
15 | individual who has been convicted of a
second
or subsequent | ||||||
16 | offense of this Section or a similar provision of a local
| ||||||
17 | ordinance. The Secretary shall establish by rule and regulation | ||||||
18 | the procedures
for certification and use of the interlock | ||||||
19 | system.
| ||||||
20 | (j) In addition to any other penalties and liabilities, a | ||||||
21 | person who is
found guilty of or pleads guilty to violating | ||||||
22 | subsection (a), including any
person placed on court | ||||||
23 | supervision for violating subsection (a), shall be fined
$500, | ||||||
24 | payable to the
circuit clerk, who shall distribute the money as | ||||||
25 | follows: 20% to the law enforcement agency
that made the arrest | ||||||
26 | and 80% shall be forwarded to the State Treasurer for deposit |
| |||||||
| |||||||
1 | into the General Revenue Fund. If the person has been | ||||||
2 | previously convicted of violating
subsection (a) or a similar | ||||||
3 | provision of a local
ordinance, the fine shall be
$1,000. In | ||||||
4 | the event that more than one agency is responsible
for the | ||||||
5 | arrest, the amount payable to law enforcement agencies shall be | ||||||
6 | shared equally. Any moneys received
by a law
enforcement agency | ||||||
7 | under this subsection (j) shall be used for enforcement and | ||||||
8 | prevention of driving while under the influence of alcohol, | ||||||
9 | other drug or drugs, intoxicating compound or compounds or any | ||||||
10 | combination thereof, as defined by this Section, including but | ||||||
11 | not limited to the purchase of law
enforcement equipment and | ||||||
12 | commodities that will assist in the prevention of alcohol | ||||||
13 | related
criminal violence throughout the State; police officer | ||||||
14 | training and education in areas related to alcohol related | ||||||
15 | crime, including but not limited to DUI training; and police | ||||||
16 | officer salaries, including but not limited to salaries for | ||||||
17 | hire back funding for safety checkpoints, saturation patrols, | ||||||
18 | and liquor store sting operations. Equipment and commodities | ||||||
19 | shall include, but are not limited
to, in-car video cameras, | ||||||
20 | radar and laser speed detection devices, and alcohol
breath | ||||||
21 | testers.
Any moneys received by the Department of State Police | ||||||
22 | under this subsection
(j) shall be deposited into the State | ||||||
23 | Police DUI Fund and shall be used for enforcement and | ||||||
24 | prevention of driving while under the influence of alcohol, | ||||||
25 | other drug or drugs, intoxicating compound or compounds or any | ||||||
26 | combination thereof, as defined by this Section, including but |
| |||||||
| |||||||
1 | not limited to the
purchase of law enforcement equipment and | ||||||
2 | commodities that will assist in the prevention of
alcohol | ||||||
3 | related criminal violence throughout the State; police officer | ||||||
4 | training and education in areas related to alcohol related | ||||||
5 | crime, including but not limited to DUI training; and police | ||||||
6 | officer salaries, including but not limited to salaries for | ||||||
7 | hire back funding for safety checkpoints, saturation patrols, | ||||||
8 | and liquor store sting operations.
| ||||||
9 | (k) The Secretary of State Police DUI Fund is created as a | ||||||
10 | special
fund in the State treasury. All moneys received by the | ||||||
11 | Secretary of State
Police under subsection (j) of this Section | ||||||
12 | shall be deposited into the
Secretary of State Police DUI Fund | ||||||
13 | and, subject to appropriation, shall be
used for enforcement | ||||||
14 | and prevention of driving while under the influence of alcohol, | ||||||
15 | other drug or drugs, intoxicating compound or compounds or any | ||||||
16 | combination thereof, as defined by this Section, including but | ||||||
17 | not limited to the purchase of law enforcement equipment and | ||||||
18 | commodities to assist in the prevention of
alcohol related | ||||||
19 | criminal violence throughout the State; police officer | ||||||
20 | training and education in areas related to alcohol related | ||||||
21 | crime, including but not limited to DUI training; and police | ||||||
22 | officer salaries, including but not limited to salaries for | ||||||
23 | hire back funding for safety checkpoints, saturation patrols, | ||||||
24 | and liquor store sting operations.
| ||||||
25 | (l) Whenever an individual is sentenced for an offense | ||||||
26 | based upon an
arrest for a violation of subsection (a) or a |
| |||||||
| |||||||
1 | similar provision of a local
ordinance, and the professional | ||||||
2 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
3 | education, neither the treatment nor the education
shall be the | ||||||
4 | sole disposition and either or both may be imposed only in
| ||||||
5 | conjunction with another disposition. The court shall monitor | ||||||
6 | compliance with
any remedial education or treatment | ||||||
7 | recommendations contained in the
professional evaluation. | ||||||
8 | Programs conducting alcohol or other drug evaluation
or | ||||||
9 | remedial education must be licensed by the Department of Human | ||||||
10 | Services. If
the individual is not a resident of Illinois, | ||||||
11 | however, the court may accept an
alcohol or other drug | ||||||
12 | evaluation or remedial education program in the
individual's | ||||||
13 | state of residence. Programs providing treatment must be | ||||||
14 | licensed
under existing applicable alcoholism and drug | ||||||
15 | treatment licensure standards.
| ||||||
16 | (m) In addition to any other fine or penalty required by | ||||||
17 | law, an individual
convicted of a violation of subsection (a), | ||||||
18 | Section 5-7 of the Snowmobile
Registration and Safety Act, | ||||||
19 | Section 5-16 of the Boat Registration and Safety
Act, or a | ||||||
20 | similar provision, whose operation of a motor vehicle, | ||||||
21 | snowmobile, or
watercraft while in
violation of subsection (a), | ||||||
22 | Section 5-7 of the Snowmobile Registration and
Safety Act, | ||||||
23 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
24 | similar
provision proximately caused an incident resulting in | ||||||
25 | an appropriate emergency
response, shall be required to make | ||||||
26 | restitution to a public agency for the
costs of that emergency |
| |||||||
| |||||||
1 | response. The restitution may not exceed $1,000 per
public | ||||||
2 | agency for each emergency response. As used in this subsection | ||||||
3 | (m),
"emergency response" means any incident requiring a | ||||||
4 | response by a police
officer, a firefighter carried on the | ||||||
5 | rolls of a regularly constituted fire
department, or an | ||||||
6 | ambulance.
| ||||||
7 | (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||||||
8 | 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||||||
9 | 93-840, eff. 7-30-04; 93-1093, eff. 3-29-05; 94-963, eff. | ||||||
10 | 6-28-06.)
| ||||||
11 | (Text of Section from P.A. 94-110 and 94-963) | ||||||
12 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
13 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
14 | combination thereof.
| ||||||
15 | (a) A person shall not drive or be in actual
physical | ||||||
16 | control of any vehicle within this State while:
| ||||||
17 | (1) the alcohol concentration in the person's blood or | ||||||
18 | breath is 0.08
or more based on the definition of blood and | ||||||
19 | breath units in Section 11-501.2;
| ||||||
20 | (2) under the influence of alcohol;
| ||||||
21 | (3) under the influence of any intoxicating compound or | ||||||
22 | combination of
intoxicating compounds to a degree that | ||||||
23 | renders the person incapable of
driving safely;
| ||||||
24 | (4) under the influence of any other drug or | ||||||
25 | combination of drugs to a
degree that renders the person |
| |||||||
| |||||||
1 | incapable of safely driving;
| ||||||
2 | (5) under the combined influence of alcohol, other drug | ||||||
3 | or drugs, or
intoxicating compound or compounds to a degree | ||||||
4 | that renders the person
incapable of safely driving; or
| ||||||
5 | (6) there is any amount of a drug, substance, or | ||||||
6 | compound in the
person's breath, blood, or urine resulting | ||||||
7 | from the unlawful use or consumption
of cannabis listed in | ||||||
8 | the Cannabis Control Act, a controlled substance listed
in | ||||||
9 | the Illinois Controlled Substances Act, or an intoxicating | ||||||
10 | compound listed
in the Use of Intoxicating Compounds Act.
| ||||||
11 | (b) The fact that any person charged with violating this | ||||||
12 | Section is or
has been legally entitled to use alcohol, other | ||||||
13 | drug or drugs, or
intoxicating compound or compounds, or any
| ||||||
14 | combination thereof, shall not constitute a defense against any | ||||||
15 | charge of
violating this Section.
| ||||||
16 | (b-1) With regard to penalties imposed under this Section:
| ||||||
17 | (1) Any reference to a prior violation of subsection | ||||||
18 | (a) or a similar
provision includes any violation of a | ||||||
19 | provision of a local ordinance or a
provision of a law of | ||||||
20 | another state that is similar to a violation of
subsection | ||||||
21 | (a) of this Section.
| ||||||
22 | (2) Any penalty imposed for driving with a license that | ||||||
23 | has been revoked
for a previous violation of subsection (a) | ||||||
24 | of this Section shall be in
addition to the penalty imposed | ||||||
25 | for any subsequent violation of subsection (a).
| ||||||
26 | (b-2) Except as otherwise provided in this Section, any |
| |||||||
| |||||||
1 | person convicted of
violating subsection (a) of this Section is | ||||||
2 | guilty of a Class A misdemeanor.
| ||||||
3 | (b-3) In addition to any other criminal or administrative | ||||||
4 | sanction for any
second conviction of violating subsection (a) | ||||||
5 | or a similar provision committed
within 5 years of a previous | ||||||
6 | violation of subsection (a) or a similar
provision, the | ||||||
7 | defendant shall be sentenced to a mandatory minimum of 5 days | ||||||
8 | of
imprisonment or assigned a mandatory minimum of 240 hours of | ||||||
9 | community service
as may be determined by the court.
| ||||||
10 | (b-4) In the case of a third or subsequent violation | ||||||
11 | committed within 5
years of a previous violation of subsection | ||||||
12 | (a) or a similar provision, in
addition to any other criminal | ||||||
13 | or administrative sanction, a mandatory minimum
term of either | ||||||
14 | 10 days of imprisonment or 480 hours of community service shall
| ||||||
15 | be imposed.
| ||||||
16 | (b-5) The imprisonment or assignment of community service | ||||||
17 | under subsections
(b-3) and (b-4) shall not be subject to | ||||||
18 | suspension, nor shall the person be
eligible for a reduced | ||||||
19 | sentence.
| ||||||
20 | (c) (Blank).
| ||||||
21 | (c-1) (1) A person who violates subsection (a)
during
a | ||||||
22 | period in which his
or her driving privileges are revoked | ||||||
23 | or suspended, where the revocation or
suspension was for a | ||||||
24 | violation of subsection (a), Section
11-501.1, paragraph | ||||||
25 | (b)
of Section 11-401, or for reckless homicide as defined | ||||||
26 | in Section 9-3 of
the Criminal Code of 1961 is guilty of a
|
| |||||||
| |||||||
1 | Class 4 felony.
| ||||||
2 | (2) A person who violates subsection (a) a third
time, | ||||||
3 | if the third violation occurs during a period in
which his | ||||||
4 | or her driving privileges are revoked or suspended where | ||||||
5 | the
revocation
or suspension was for a violation of | ||||||
6 | subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||||||
7 | 11-401, or for reckless homicide as defined in Section 9-3
| ||||||
8 | of the Criminal Code of 1961, is guilty of
a Class 3 | ||||||
9 | felony; and if the
person receives a term of
probation or | ||||||
10 | conditional discharge, he or she shall be required to serve | ||||||
11 | a
mandatory
minimum of 10 days of imprisonment or shall be | ||||||
12 | assigned a mandatory minimum of
480 hours of community | ||||||
13 | service, as may be determined by the court, as a
condition | ||||||
14 | of the probation or conditional discharge. This mandatory | ||||||
15 | minimum
term of imprisonment or assignment of community | ||||||
16 | service shall not be suspended
or reduced by the court.
| ||||||
17 | (2.2) A person who violates subsection (a), if the
| ||||||
18 | violation occurs 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
subsection | ||||||
21 | (a) or Section 11-501.1, shall also be sentenced to an | ||||||
22 | additional
mandatory minimum term of 30 consecutive days of | ||||||
23 | imprisonment, 40 days of
24-hour periodic imprisonment, or | ||||||
24 | 720 hours of community service, as may be
determined by the | ||||||
25 | court. This mandatory term of imprisonment or assignment of
| ||||||
26 | community service shall not be suspended or reduced by the |
| |||||||
| |||||||
1 | court.
| ||||||
2 | (3) A person who violates subsection (a) a fourth or
| ||||||
3 | subsequent time, if the fourth or subsequent violation | ||||||
4 | occurs
during a period in which his
or her driving | ||||||
5 | privileges are revoked or suspended where the revocation
or | ||||||
6 | suspension was for a violation of subsection (a),
Section | ||||||
7 | 11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||||||
8 | homicide as defined in
Section 9-3
of
the Criminal Code of | ||||||
9 | 1961, is guilty of
a Class 2 felony and is not eligible for | ||||||
10 | a sentence of probation or
conditional discharge.
| ||||||
11 | (c-2) (Blank).
| ||||||
12 | (c-3) (Blank).
| ||||||
13 | (c-4) (Blank).
| ||||||
14 | (c-5) Except as provided in subsection (c-5.1), a person 21 | ||||||
15 | years of age or older who violates subsection (a), if the | ||||||
16 | person was transporting
a person under the age of 16 at the | ||||||
17 | time of the violation, is subject to 6 months of imprisonment, | ||||||
18 | an
additional mandatory minimum fine of $1,000, and 25 days of | ||||||
19 | community service in a program benefiting children. The | ||||||
20 | imprisonment or assignment of community service under this
| ||||||
21 | subsection (c-5) is not subject to suspension, nor is the | ||||||
22 | person eligible for
a reduced sentence.
| ||||||
23 | (c-5.1) A person 21 years of age or older who is convicted | ||||||
24 | of violating subsection (a) of this Section
a
first time and | ||||||
25 | who in committing that violation was involved in a motor | ||||||
26 | vehicle
accident that resulted in bodily harm to the child |
| |||||||
| |||||||
1 | under the age of 16 being
transported by the person, if the | ||||||
2 | violation was the proximate cause of the
injury, is guilty of a | ||||||
3 | Class 4 felony and is subject to one year of
imprisonment,
a | ||||||
4 | mandatory fine of $2,500, and 25 days of community service in a | ||||||
5 | program
benefiting children. The imprisonment or assignment to | ||||||
6 | community service under
this subsection (c-5.1) shall not be | ||||||
7 | subject to suspension, nor shall the person be
eligible for | ||||||
8 | probation in order to reduce the sentence or assignment.
| ||||||
9 | (c-6) Except as provided in subsections (c-7) and (c-7.1), | ||||||
10 | a person 21 years of age or older who
violates
subsection (a) a | ||||||
11 | second time, if at the time of
the second violation the person | ||||||
12 | was transporting a person under the age of 16,
is subject to 6 | ||||||
13 | months of imprisonment, an additional mandatory
minimum fine of | ||||||
14 | $1,000, and an additional mandatory minimum 140 hours of
| ||||||
15 | community service, which shall include 40 hours of community | ||||||
16 | service in a
program benefiting children.
The imprisonment or | ||||||
17 | assignment of community service under this subsection (c-6)
is | ||||||
18 | not subject to suspension, nor is the person eligible for a | ||||||
19 | reduced
sentence. If the person was transporting a passenger | ||||||
20 | under the age of 16 years at the time of the first violation | ||||||
21 | and at the time of the second violation, the person is guilty | ||||||
22 | of a Class 4 felony.
| ||||||
23 | (c-7) Except as provided in subsection (c-7.1), any person | ||||||
24 | 21 years of age or older convicted of
violating subsection | ||||||
25 | (c-6) or a similar
provision within 10 years of a previous | ||||||
26 | violation of subsection (a) or a
similar provision is guilty of |
| |||||||
| |||||||
1 | a Class 4 felony and, in addition to any other penalty imposed, | ||||||
2 | is subject to one year of
imprisonment, 25 days of mandatory
| ||||||
3 | community service in a program benefiting children, and a | ||||||
4 | mandatory
fine of $2,500. The imprisonment or assignment of | ||||||
5 | community service under this
subsection (c-7) is not subject to | ||||||
6 | suspension, nor is the person
eligible for a reduced sentence.
| ||||||
7 | (c-7.1) A person 21 years of age or older who is convicted | ||||||
8 | of violating subsection (a) of this Section
a
second time | ||||||
9 | within 10 years and who in committing that violation was | ||||||
10 | involved
in a motor vehicle accident that resulted in bodily | ||||||
11 | harm to the child under the
age of 16 being transported, if the | ||||||
12 | violation was the proximate cause of the
injury, is guilty of a | ||||||
13 | Class 4 felony and is subject to 18 months of
imprisonment, a
| ||||||
14 | mandatory fine of $5,000, and 25 days of community service in a | ||||||
15 | program
benefiting
children. The imprisonment or assignment to | ||||||
16 | community service under this
subsection
(c-7.1) shall not be | ||||||
17 | subject to suspension, nor shall the person be eligible for
| ||||||
18 | probation in order
to reduce the sentence or assignment.
| ||||||
19 | (c-8) (Blank).
| ||||||
20 | (c-9) Any person 21 years of age or older convicted a third | ||||||
21 | time for violating subsection (a) or a
similar provision, if at | ||||||
22 | the time of the third violation the person was
transporting a | ||||||
23 | person under the age of 16, is guilty of a Class 4 felony and is | ||||||
24 | subject to 18 months of imprisonment, a mandatory fine of | ||||||
25 | $2,500, and 25 days of community service in a
program | ||||||
26 | benefiting children.
The imprisonment or assignment of |
| |||||||
| |||||||
1 | community service under this subsection (c-9)
is not subject to | ||||||
2 | suspension, nor is the person eligible for a reduced
sentence.
| ||||||
3 | (c-10) Any person 21 years of age or older convicted of | ||||||
4 | violating subsection (c-9) or a similar
provision a third time | ||||||
5 | within 20 years of a previous violation of subsection
(a) or a
| ||||||
6 | similar provision is guilty of a Class 3 felony and, in | ||||||
7 | addition
to any other penalty imposed, is subject to 3 years of | ||||||
8 | imprisonment, 25 days of community
service in a program | ||||||
9 | benefiting children, and a mandatory fine of
$25,000. The | ||||||
10 | imprisonment or
assignment of community service under this | ||||||
11 | subsection (c-10) is not subject to
suspension, nor is the | ||||||
12 | person eligible for a reduced sentence.
| ||||||
13 | (c-11) Any person 21 years of age or older convicted a | ||||||
14 | fourth or subsequent time for violating
subsection (a) or a | ||||||
15 | similar provision, if at the time of the fourth or
subsequent | ||||||
16 | violation the person was transporting a person under the age of | ||||||
17 | 16,
and if the person's 3 prior violations of subsection (a) or | ||||||
18 | a similar provision
occurred while transporting a person under | ||||||
19 | the age of 16 or while the alcohol
concentration in his or her | ||||||
20 | blood, breath, or urine was 0.16 or more based
on the | ||||||
21 | definition of blood, breath, or urine units in Section | ||||||
22 | 11-501.2, is
guilty of a Class 2 felony, is not eligible for | ||||||
23 | probation or conditional
discharge, and is subject to a minimum | ||||||
24 | fine of $25,000.
| ||||||
25 | (c-12) Any person convicted of a first violation of | ||||||
26 | subsection (a) or a
similar provision, if the alcohol |
| |||||||
| |||||||
1 | concentration in his or her blood, breath, or
urine was 0.16 or | ||||||
2 | more based on the definition of blood, breath, or urine
units | ||||||
3 | in Section 11-501.2, shall be subject, in addition to any other | ||||||
4 | penalty
that may be imposed, to a mandatory minimum of 100 | ||||||
5 | hours of community service
and a mandatory minimum fine of | ||||||
6 | $500.
| ||||||
7 | (c-13) Any person convicted of a second violation of | ||||||
8 | subsection (a) or a similar provision committed within 10 years | ||||||
9 | of a previous violation of subsection (a) or a similar | ||||||
10 | provision, if at the time of the second violation of subsection | ||||||
11 | (a) or a similar provision the
alcohol concentration in his or | ||||||
12 | her blood, breath, or urine was 0.16 or more
based on the | ||||||
13 | definition of blood, breath, or urine units in Section | ||||||
14 | 11-501.2,
shall be
subject, in addition to any other penalty | ||||||
15 | that may be imposed, to a mandatory
minimum of 2 days of | ||||||
16 | imprisonment and a mandatory minimum fine of $1,250.
| ||||||
17 | (c-14) Any person convicted of a third violation of | ||||||
18 | subsection (a) or a
similar provision within 20 years of a | ||||||
19 | previous violation of subsection (a) or
a
similar provision, if | ||||||
20 | at the time of the third violation of subsection (a) or a
| ||||||
21 | similar provision the alcohol concentration in his or her | ||||||
22 | blood, breath, or
urine was 0.16 or more based on the | ||||||
23 | definition of blood, breath, or urine units
in Section | ||||||
24 | 11-501.2, is guilty of a Class 4 felony and shall be subject, | ||||||
25 | in
addition to any other penalty that may be imposed, to a | ||||||
26 | mandatory minimum of
90 days of imprisonment and a mandatory |
| |||||||
| |||||||
1 | minimum fine of $2,500.
| ||||||
2 | (c-15) Any person convicted of a fourth or subsequent | ||||||
3 | violation of
subsection
(a) or a similar provision, if at the | ||||||
4 | time of the fourth or subsequent
violation the alcohol | ||||||
5 | concentration in his or her blood, breath, or urine was
0.16 or | ||||||
6 | more based on the definition of blood, breath, or urine units | ||||||
7 | in
Section 11-501.2, and if the person's 3 prior violations of | ||||||
8 | subsection (a) or a
similar provision occurred while | ||||||
9 | transporting a person under the age of 16 or
while the alcohol | ||||||
10 | concentration in his or her blood, breath, or urine was 0.16
or | ||||||
11 | more based on the definition of blood, breath, or urine units | ||||||
12 | in Section
11-501.2, is guilty of a Class 2 felony and is not | ||||||
13 | eligible for a sentence of
probation or conditional discharge | ||||||
14 | and is subject to a minimum fine of
$2,500.
| ||||||
15 | (d) (1) Every person convicted of committing a violation of | ||||||
16 | this Section
shall be guilty of aggravated driving under | ||||||
17 | the influence of alcohol,
other drug or drugs, or | ||||||
18 | intoxicating compound or compounds, or any combination
| ||||||
19 | thereof if:
| ||||||
20 | (A) the person committed a violation of subsection | ||||||
21 | (a) or a similar
provision for the
third or subsequent | ||||||
22 | time;
| ||||||
23 | (B) the person committed a violation of subsection | ||||||
24 | (a)
while
driving a school bus with persons 18 years of | ||||||
25 | age or younger
on board;
| ||||||
26 | (C) the person in committing a violation of |
| |||||||
| |||||||
1 | subsection
(a) was
involved in a motor vehicle accident | ||||||
2 | that resulted in great bodily harm or
permanent | ||||||
3 | disability or disfigurement to another, when the | ||||||
4 | violation was
a proximate cause of the injuries;
| ||||||
5 | (D) the person committed a violation of subsection | ||||||
6 | (a)
for a
second time and has been previously convicted | ||||||
7 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
8 | or a similar provision of a law of another state | ||||||
9 | relating to reckless homicide in which the person was
| ||||||
10 | determined to have been under the influence of alcohol, | ||||||
11 | other drug or
drugs, or intoxicating compound or | ||||||
12 | compounds as an element of the offense or
the person | ||||||
13 | has previously been convicted
under subparagraph (C) | ||||||
14 | or subparagraph (F) of this paragraph (1);
| ||||||
15 | (E) the person, in committing a violation of | ||||||
16 | subsection (a) while
driving at any speed in a school | ||||||
17 | speed zone at a time when a speed limit of
20 miles per | ||||||
18 | hour was in effect under subsection (a) of Section | ||||||
19 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
20 | accident that resulted in bodily
harm, other than great | ||||||
21 | bodily harm or permanent disability or disfigurement,
| ||||||
22 | to another person, when the violation of subsection (a) | ||||||
23 | was a
proximate cause
of the bodily harm; or
| ||||||
24 | (F) the person, in committing a violation of | ||||||
25 | subsection (a), was
involved in a motor vehicle, | ||||||
26 | snowmobile, all-terrain vehicle, or watercraft
|
| |||||||
| |||||||
1 | accident that resulted in
the death of another person, | ||||||
2 | when the violation of subsection
(a) was
a proximate | ||||||
3 | cause of the death.
| ||||||
4 | (2) Except as provided in this paragraph (2), a person | ||||||
5 | convicted of
aggravated driving under
the
influence of | ||||||
6 | alcohol, other drug or
drugs,
or intoxicating compound or | ||||||
7 | compounds, or any
combination thereof is guilty of a Class | ||||||
8 | 4 felony. For a violation of
subparagraph (C)
of
paragraph | ||||||
9 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
10 | a term
of imprisonment, shall be sentenced
to not less than
| ||||||
11 | one year nor more than 12 years.
Aggravated driving under | ||||||
12 | the influence of alcohol, other drug or drugs,
or | ||||||
13 | intoxicating compound or compounds, or any combination | ||||||
14 | thereof as
defined in subparagraph (F) of paragraph (1) of | ||||||
15 | this subsection (d) is
a Class 2 felony, for which the | ||||||
16 | defendant, if sentenced to a term of
imprisonment, shall be | ||||||
17 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
18 | years and not more
than 14 years if the violation resulted | ||||||
19 | in the death of one person; or
(B) a term of imprisonment | ||||||
20 | of not less than 6 years and not
more than 28 years if the | ||||||
21 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
22 | any prosecution under this subsection
(d), a certified copy | ||||||
23 | of the
driving abstract of the defendant shall be admitted | ||||||
24 | as proof of any prior
conviction.
Any person sentenced | ||||||
25 | under this subsection (d) who receives a term of
probation
| ||||||
26 | or conditional discharge must serve a minimum term of |
| |||||||
| |||||||
1 | either 480 hours of
community service or 10 days of | ||||||
2 | imprisonment as a condition of the probation or
conditional | ||||||
3 | discharge. This mandatory minimum term of imprisonment or
| ||||||
4 | assignment of community service may not be suspended or | ||||||
5 | reduced by the court.
| ||||||
6 | (e) After a finding of guilt and prior to any final | ||||||
7 | sentencing, or an
order for supervision, for an offense based | ||||||
8 | upon an arrest for a
violation of this Section or a similar | ||||||
9 | provision of a local ordinance,
individuals shall be required | ||||||
10 | to undergo a professional evaluation to
determine if an | ||||||
11 | alcohol, drug, or intoxicating compound abuse problem exists
| ||||||
12 | and the
extent of the problem, and undergo the imposition of | ||||||
13 | treatment as appropriate.
Programs conducting these | ||||||
14 | evaluations shall be
licensed by the Department of Human | ||||||
15 | Services. The cost of any professional
evaluation shall be paid | ||||||
16 | for by the
individual
required to undergo the professional | ||||||
17 | evaluation.
| ||||||
18 | (e-1) Any person who is found guilty of or pleads guilty to | ||||||
19 | violating this
Section, including any person receiving a | ||||||
20 | disposition of court supervision for
violating this Section, | ||||||
21 | may be required by the Court to attend a victim
impact panel | ||||||
22 | offered by, or under contract with, a County State's Attorney's
| ||||||
23 | office, a probation and court services department, Mothers | ||||||
24 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
25 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
26 | be paid from fees collected from the
offender or as may be |
| |||||||
| |||||||
1 | determined by the court.
| ||||||
2 | (f) Every person found guilty of violating this Section, | ||||||
3 | whose
operation of a motor vehicle while in violation of this | ||||||
4 | Section proximately
caused any incident resulting in an | ||||||
5 | appropriate emergency response, shall
be liable for the expense | ||||||
6 | of an emergency response as provided under
Section 5-5-3 of the | ||||||
7 | Unified Code of Corrections.
| ||||||
8 | (g) The Secretary of State shall revoke the driving | ||||||
9 | privileges of any
person convicted under this Section or a | ||||||
10 | similar provision of a local
ordinance.
| ||||||
11 | (h) (Blank).
| ||||||
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 regulation | ||||||
17 | the procedures
for certification and use of the interlock | ||||||
18 | system.
| ||||||
19 | (j) In addition to any other penalties and liabilities, a | ||||||
20 | person who is
found guilty of or pleads guilty to violating | ||||||
21 | subsection (a), including any
person placed on court | ||||||
22 | supervision for violating subsection (a), shall be fined
$500, | ||||||
23 | payable to the
circuit clerk, who shall distribute the money as | ||||||
24 | follows: 20% to the law enforcement agency
that made the arrest | ||||||
25 | and 80% shall be forwarded to the State Treasurer for deposit | ||||||
26 | into the General Revenue Fund. If the person has been |
| |||||||
| |||||||
1 | previously convicted of violating
subsection (a) or a similar | ||||||
2 | provision of a local
ordinance, the fine shall be
$1,000. In | ||||||
3 | the event that more than one agency is responsible
for the | ||||||
4 | arrest, the amount payable to law enforcement agencies shall be | ||||||
5 | shared equally. Any moneys received
by a law
enforcement agency | ||||||
6 | under this subsection (j) shall be used for enforcement and | ||||||
7 | prevention of driving while under the influence of alcohol, | ||||||
8 | other drug or drugs, intoxicating compound or compounds or any | ||||||
9 | combination thereof, as defined by this Section, including but | ||||||
10 | not limited to the purchase of law
enforcement equipment and | ||||||
11 | commodities that will assist in the prevention of alcohol | ||||||
12 | related
criminal violence throughout the State; police officer | ||||||
13 | training and education in areas related to alcohol related | ||||||
14 | crime, including but not limited to DUI training; and police | ||||||
15 | officer salaries, including but not limited to salaries for | ||||||
16 | hire back funding for safety checkpoints, saturation patrols, | ||||||
17 | and liquor store sting operations. Equipment and commodities | ||||||
18 | shall include, but are not limited
to, in-car video cameras, | ||||||
19 | radar and laser speed detection devices, and alcohol
breath | ||||||
20 | testers.
Any moneys received by the Department of State Police | ||||||
21 | under this subsection
(j) shall be deposited into the State | ||||||
22 | Police DUI Fund and shall be used for enforcement and | ||||||
23 | prevention of driving while under the influence of alcohol, | ||||||
24 | other drug or drugs, intoxicating compound or compounds or any | ||||||
25 | combination thereof, as defined by this Section, including but | ||||||
26 | not limited to the
purchase of law enforcement equipment and |
| |||||||
| |||||||
1 | commodities that will assist in the prevention of
alcohol | ||||||
2 | related criminal violence throughout the State; police officer | ||||||
3 | training and education in areas related to alcohol related | ||||||
4 | crime, including but not limited to DUI training; and police | ||||||
5 | officer salaries, including but not limited to salaries for | ||||||
6 | hire back funding for safety checkpoints, saturation patrols, | ||||||
7 | and liquor store sting operations.
| ||||||
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 for enforcement | ||||||
13 | and prevention of driving while under the influence of alcohol, | ||||||
14 | other drug or drugs, intoxicating compound or compounds or any | ||||||
15 | combination thereof, as defined by this Section, including but | ||||||
16 | not limited to the purchase of law enforcement equipment and | ||||||
17 | commodities to assist in the prevention of
alcohol related | ||||||
18 | criminal violence throughout the State; police officer | ||||||
19 | training and education in areas related to alcohol related | ||||||
20 | crime, including but not limited to DUI training; and police | ||||||
21 | officer salaries, including but not limited to salaries for | ||||||
22 | hire back funding for safety checkpoints, saturation patrols, | ||||||
23 | and liquor store sting operations.
| ||||||
24 | (l) Whenever an individual is sentenced for an offense | ||||||
25 | based upon an
arrest for a violation of subsection (a) or a | ||||||
26 | similar provision of a local
ordinance, and the professional |
| |||||||
| |||||||
1 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
2 | education, neither the treatment nor the education
shall be the | ||||||
3 | sole disposition and either or both may be imposed only in
| ||||||
4 | conjunction with another disposition. The court shall monitor | ||||||
5 | compliance with
any remedial education or treatment | ||||||
6 | recommendations contained in the
professional evaluation. | ||||||
7 | Programs conducting alcohol or other drug evaluation
or | ||||||
8 | remedial education must be licensed by the Department of Human | ||||||
9 | Services. If
the individual is not a resident of Illinois, | ||||||
10 | however, the court may accept an
alcohol or other drug | ||||||
11 | evaluation or remedial education program in the
individual's | ||||||
12 | state of residence. Programs providing treatment must be | ||||||
13 | licensed
under existing applicable alcoholism and drug | ||||||
14 | treatment licensure standards.
| ||||||
15 | (m) In addition to any other fine or penalty required by | ||||||
16 | law, an individual
convicted of a violation of subsection (a), | ||||||
17 | Section 5-7 of the Snowmobile
Registration and Safety Act, | ||||||
18 | Section 5-16 of the Boat Registration and Safety
Act, or a | ||||||
19 | similar provision, whose operation of a motor vehicle, | ||||||
20 | snowmobile, or
watercraft while in
violation of subsection (a), | ||||||
21 | Section 5-7 of the Snowmobile Registration and
Safety Act, | ||||||
22 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
23 | similar
provision proximately caused an incident resulting in | ||||||
24 | an appropriate emergency
response, shall be required to make | ||||||
25 | restitution to a public agency for the
costs of that emergency | ||||||
26 | response. The restitution may not exceed $1,000 per
public |
| |||||||
| |||||||
1 | agency for each emergency response. As used in this subsection | ||||||
2 | (m),
"emergency response" means any incident requiring a | ||||||
3 | response by a police
officer, a firefighter carried on the | ||||||
4 | rolls of a regularly constituted fire
department, or an | ||||||
5 | ambulance.
| ||||||
6 | (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||||||
7 | 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||||||
8 | 93-840, eff. 7-30-04; 94-110, eff. 1-1-06; 94-963, eff. | ||||||
9 | 6-28-06.)
| ||||||
10 | (Text of Section from P.A. 94-113, 94-609, and 94-963) | ||||||
11 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
12 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
13 | combination thereof.
| ||||||
14 | (a) A person shall not drive or be in actual
physical | ||||||
15 | control of any vehicle within this State while:
| ||||||
16 | (1) the alcohol concentration in the person's blood or | ||||||
17 | breath is 0.08
or more based on the definition of blood and | ||||||
18 | breath units in Section 11-501.2;
| ||||||
19 | (2) under the influence of alcohol;
| ||||||
20 | (3) under the influence of any intoxicating compound or | ||||||
21 | combination of
intoxicating compounds to a degree that | ||||||
22 | renders the person incapable of
driving safely;
| ||||||
23 | (4) under the influence of any other drug or | ||||||
24 | combination of drugs to a
degree that renders the person | ||||||
25 | 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 | (b-1) With regard to penalties imposed under this Section:
| ||||||
16 | (1) Any reference to a prior violation of subsection | ||||||
17 | (a) or a similar
provision includes any violation of a | ||||||
18 | provision of a local ordinance or a
provision of a law of | ||||||
19 | another state that is similar to a violation of
subsection | ||||||
20 | (a) of this Section.
| ||||||
21 | (2) Any penalty imposed for driving with a license that | ||||||
22 | has been revoked
for a previous violation of subsection (a) | ||||||
23 | of this Section shall be in
addition to the penalty imposed | ||||||
24 | for any subsequent violation of subsection (a).
| ||||||
25 | (b-2) Except as otherwise provided in this Section, any | ||||||
26 | person convicted of
violating subsection (a) of this Section is |
| |||||||
| |||||||
1 | guilty of a Class A misdemeanor.
| ||||||
2 | (b-3) In addition to any other criminal or administrative | ||||||
3 | sanction for any
second conviction of violating subsection (a) | ||||||
4 | or a similar provision committed
within 5 years of a previous | ||||||
5 | violation of subsection (a) or a similar
provision, the | ||||||
6 | defendant shall be sentenced to a mandatory minimum of 5 days | ||||||
7 | of
imprisonment or assigned a mandatory minimum of 240 hours of | ||||||
8 | community service
as may be determined by the court.
| ||||||
9 | (b-4) In the case of a third or subsequent violation | ||||||
10 | committed within 5
years of a previous violation of subsection | ||||||
11 | (a) or a similar provision, in
addition to any other criminal | ||||||
12 | or administrative sanction, a mandatory minimum
term of either | ||||||
13 | 10 days of imprisonment or 480 hours of community service shall
| ||||||
14 | be imposed.
| ||||||
15 | (b-5) The imprisonment or assignment of community service | ||||||
16 | under subsections
(b-3) and (b-4) shall not be subject to | ||||||
17 | suspension, nor shall the person be
eligible for a reduced | ||||||
18 | sentence.
| ||||||
19 | (c) (Blank).
| ||||||
20 | (c-1) (1) A person who violates subsection (a)
during
a | ||||||
21 | period in which his
or her driving privileges are revoked | ||||||
22 | or suspended, where the revocation or
suspension was for a | ||||||
23 | violation of subsection (a), Section
11-501.1, paragraph | ||||||
24 | (b)
of Section 11-401, or for reckless homicide as defined | ||||||
25 | in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| ||||||
26 | Class 4 felony.
|
| |||||||
| |||||||
1 | (2) A person who violates subsection (a) a third
time, | ||||||
2 | if the third violation occurs during a period in
which his | ||||||
3 | or her driving privileges are revoked or suspended where | ||||||
4 | the
revocation
or suspension was for a violation of | ||||||
5 | subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||||||
6 | 11-401, or for reckless homicide as defined in Section 9-3
| ||||||
7 | of the Criminal Code of 1961, is guilty of
a Class 3 | ||||||
8 | felony. | ||||||
9 | (2.1) A person who violates subsection (a) a third | ||||||
10 | time, if the third
violation occurs during a period in | ||||||
11 | which his or her driving privileges are
revoked or | ||||||
12 | suspended where the revocation or suspension was for a | ||||||
13 | violation of
subsection (a), Section 11-501.1, subsection | ||||||
14 | (b) of Section 11-401, or for
reckless homicide as defined | ||||||
15 | in Section
9-3 of the Criminal Code of 1961, is guilty of a | ||||||
16 | Class 3 felony; and if the
person receives a term of
| ||||||
17 | probation or conditional discharge, he or she shall be | ||||||
18 | required to serve a
mandatory
minimum of 10 days of | ||||||
19 | imprisonment or shall be assigned a mandatory minimum of
| ||||||
20 | 480 hours of community service, as may be determined by the | ||||||
21 | court, as a
condition of the probation or conditional | ||||||
22 | discharge. This mandatory minimum
term of imprisonment or | ||||||
23 | assignment of community service shall not be suspended
or | ||||||
24 | reduced by the court.
| ||||||
25 | (2.2) A person who violates subsection (a), if the
| ||||||
26 | violation occurs during a period in which his or her |
| |||||||
| |||||||
1 | driving privileges are
revoked or suspended where the | ||||||
2 | revocation or suspension was for a violation of
subsection | ||||||
3 | (a) or Section 11-501.1, shall also be sentenced to an | ||||||
4 | additional
mandatory minimum term of 30 consecutive days of | ||||||
5 | imprisonment, 40 days of
24-hour periodic imprisonment, or | ||||||
6 | 720 hours of community service, as may be
determined by the | ||||||
7 | court. This mandatory term of imprisonment or assignment of
| ||||||
8 | community service shall not be suspended or reduced by the | ||||||
9 | court.
| ||||||
10 | (3) A person who violates subsection (a) a fourth or
| ||||||
11 | subsequent time, if the fourth or subsequent violation | ||||||
12 | occurs
during a period in which his
or her driving | ||||||
13 | privileges are revoked or suspended where the revocation
or | ||||||
14 | suspension was for a violation of subsection (a),
Section | ||||||
15 | 11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||||||
16 | homicide as defined in
Section 9-3
of
the Criminal Code of | ||||||
17 | 1961, is guilty of
a Class 2 felony and is not eligible for | ||||||
18 | a sentence of probation or
conditional discharge.
| ||||||
19 | (c-2) (Blank).
| ||||||
20 | (c-3) (Blank).
| ||||||
21 | (c-4) (Blank).
| ||||||
22 | (c-5) A person who violates subsection (a), if the person | ||||||
23 | was transporting
a person under the age of 16 at the time of | ||||||
24 | the violation, is subject to an
additional mandatory minimum | ||||||
25 | fine of $1,000, an additional mandatory minimum
140 hours of | ||||||
26 | community service, which shall include 40 hours of community
|
| |||||||
| |||||||
1 | service in a program benefiting children, and an additional 2 | ||||||
2 | days of
imprisonment. The imprisonment or assignment of | ||||||
3 | community service under this
subsection (c-5) is not subject to | ||||||
4 | suspension, nor is the person eligible for
a reduced sentence.
| ||||||
5 | (c-6) Except as provided in subsections (c-7) and (c-8) a | ||||||
6 | person who
violates
subsection (a) a second time, if at the | ||||||
7 | time of
the second violation the person was transporting a | ||||||
8 | person under the age of 16,
is subject to an additional 10 days | ||||||
9 | of imprisonment, an additional mandatory
minimum fine of | ||||||
10 | $1,000, and an additional mandatory minimum 140 hours of
| ||||||
11 | community service, which shall include 40 hours of community | ||||||
12 | service in a
program benefiting children.
The imprisonment or | ||||||
13 | assignment of community service under this subsection (c-6)
is | ||||||
14 | not subject to suspension, nor is the person eligible for a | ||||||
15 | reduced
sentence. If the person was transporting a passenger | ||||||
16 | under the age of 16 years at the time of the first violation | ||||||
17 | and at the time of the second violation, the person is guilty | ||||||
18 | of a Class 4 felony.
| ||||||
19 | (c-7) Except as provided in subsection (c-8), any person | ||||||
20 | convicted of
violating subsection (c-6) or a similar
provision | ||||||
21 | within 10 years of a previous violation of subsection (a) or a
| ||||||
22 | similar provision shall receive, in addition to any other | ||||||
23 | penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||||||
24 | additional 40 hours of mandatory
community service in a program | ||||||
25 | benefiting children, and a mandatory minimum
fine of $1,750. | ||||||
26 | The imprisonment or assignment of community service under this
|
| |||||||
| |||||||
1 | subsection (c-7) is not subject to suspension, nor is the | ||||||
2 | person
eligible for a reduced sentence. If the person was | ||||||
3 | transporting a passenger under the age of 16 years at the time | ||||||
4 | of the first violation and at the time of the second violation, | ||||||
5 | the person is guilty of a Class 4 felony.
| ||||||
6 | (c-8) Any person convicted of violating subsection (c-6) or | ||||||
7 | a similar
provision within 5 years of a previous violation of | ||||||
8 | subsection (a) or a similar
provision shall receive, in | ||||||
9 | addition to any other penalty imposed, an
additional 80 hours | ||||||
10 | of mandatory community service in a program benefiting
| ||||||
11 | children, an additional mandatory minimum 12 days of | ||||||
12 | imprisonment, and a
mandatory minimum fine of $1,750. The | ||||||
13 | imprisonment or assignment of community
service under this | ||||||
14 | subsection (c-8) is not subject to suspension, nor
is the
| ||||||
15 | person eligible for a reduced sentence. If the person was | ||||||
16 | transporting a passenger under the age of 16 years at the time | ||||||
17 | of the first violation and at the time of the second violation, | ||||||
18 | the person is guilty of a Class 4 felony.
| ||||||
19 | (c-9) Any person convicted a third time for violating | ||||||
20 | subsection (a) or a
similar provision, if at the time of the | ||||||
21 | third violation the person was
transporting a person under the | ||||||
22 | age of 16, is guilty of a Class 4 felony and shall
receive, in | ||||||
23 | addition to any other
penalty imposed, an additional mandatory | ||||||
24 | fine of $1,000, an additional
mandatory 140 hours of community | ||||||
25 | service, which shall include 40 hours in a
program benefiting | ||||||
26 | children, and a mandatory minimum 30 days of imprisonment.
The |
| |||||||
| |||||||
1 | imprisonment or assignment of community service under this | ||||||
2 | subsection (c-9)
is not subject to suspension, nor is the | ||||||
3 | person eligible for a reduced
sentence.
| ||||||
4 | (c-10) Any person convicted of violating subsection (c-9) | ||||||
5 | or a similar
provision a third time within 20 years of a | ||||||
6 | previous violation of subsection
(a) or a
similar provision is | ||||||
7 | guilty of a Class 4 felony and shall receive, in addition
to | ||||||
8 | any other penalty imposed, an additional mandatory 40 hours of | ||||||
9 | community
service in a program benefiting children, an | ||||||
10 | additional mandatory fine of
$3,000, and a mandatory minimum | ||||||
11 | 120 days of imprisonment. The imprisonment or
assignment of | ||||||
12 | community service under this subsection (c-10) is not subject | ||||||
13 | to
suspension, nor is the person eligible for a reduced | ||||||
14 | sentence.
| ||||||
15 | (c-11) Any person convicted a fourth or subsequent time for | ||||||
16 | violating
subsection (a) or a similar provision, if at the time | ||||||
17 | of the fourth or
subsequent violation the person was | ||||||
18 | transporting a person under the age of 16,
and if the person's | ||||||
19 | 3 prior violations of subsection (a) or a similar provision
| ||||||
20 | occurred while transporting a person under the age of 16 or | ||||||
21 | while the alcohol
concentration in his or her blood, breath, or | ||||||
22 | urine was 0.16 or more based
on the definition of blood, | ||||||
23 | breath, or urine units in Section 11-501.2, is
guilty of a | ||||||
24 | Class 2 felony, is not eligible for probation or conditional
| ||||||
25 | discharge, and is subject to a minimum fine of $3,000.
| ||||||
26 | (c-12) Any person convicted of a first violation of |
| |||||||
| |||||||
1 | subsection (a) or a
similar provision, if the alcohol | ||||||
2 | concentration in his or her blood, breath, or
urine was 0.16 or | ||||||
3 | more based on the definition of blood, breath, or urine
units | ||||||
4 | in Section 11-501.2, shall be subject, in addition to any other | ||||||
5 | penalty
that may be imposed, to a mandatory minimum of 100 | ||||||
6 | hours of community service
and a mandatory minimum fine of | ||||||
7 | $500.
| ||||||
8 | (c-13) Any person convicted of a second violation of | ||||||
9 | subsection (a) or a similar provision committed within 10 years | ||||||
10 | of a previous violation of subsection (a) or a similar | ||||||
11 | provision committed within 10 years of a previous violation of | ||||||
12 | subsection (a) or a similar provision, if at the time of the | ||||||
13 | second violation of subsection (a) the
alcohol concentration in | ||||||
14 | his or her blood, breath, or urine was 0.16 or more
based on | ||||||
15 | the definition of blood, breath, or urine units in Section | ||||||
16 | 11-501.2,
shall be
subject, in addition to any other penalty | ||||||
17 | that may be imposed, to a mandatory
minimum of 2 days of | ||||||
18 | imprisonment and a mandatory minimum fine of $1,250.
| ||||||
19 | (c-14) Any person convicted of a third violation of | ||||||
20 | subsection (a) or a
similar provision within 20 years of a | ||||||
21 | previous violation of subsection (a) or
a
similar provision, if | ||||||
22 | at the time of the third violation of subsection (a) or a
| ||||||
23 | similar provision the alcohol concentration in his or her | ||||||
24 | blood, breath, or
urine was 0.16 or more based on the | ||||||
25 | definition of blood, breath, or urine units
in Section | ||||||
26 | 11-501.2, is guilty of a Class 4 felony and shall be subject, |
| |||||||
| |||||||
1 | in
addition to any other penalty that may be imposed, to a | ||||||
2 | mandatory minimum of
90 days of imprisonment and a mandatory | ||||||
3 | minimum fine of $2,500.
| ||||||
4 | (c-15) Any person convicted of a fourth or subsequent | ||||||
5 | violation of
subsection
(a) or a similar provision, if at the | ||||||
6 | time of the fourth or subsequent
violation the alcohol | ||||||
7 | concentration in his or her blood, breath, or urine was
0.16 or | ||||||
8 | more based on the definition of blood, breath, or urine units | ||||||
9 | in
Section 11-501.2, and if the person's 3 prior violations of | ||||||
10 | subsection (a) or a
similar provision occurred while | ||||||
11 | transporting a person under the age of 16 or
while the alcohol | ||||||
12 | concentration in his or her blood, breath, or urine was 0.16
or | ||||||
13 | more based on the definition of blood, breath, or urine units | ||||||
14 | in Section
11-501.2, is guilty of a Class 2 felony and is not | ||||||
15 | eligible for a sentence of
probation or conditional discharge | ||||||
16 | and is subject to a minimum fine of
$2,500.
| ||||||
17 | (d) (1) Every person convicted of committing a violation of | ||||||
18 | this Section
shall be guilty of aggravated driving under | ||||||
19 | the influence of alcohol,
other drug or drugs, or | ||||||
20 | intoxicating compound or compounds, or any combination
| ||||||
21 | thereof if:
| ||||||
22 | (A) the person committed a violation of subsection | ||||||
23 | (a) or a similar
provision for the
third or subsequent | ||||||
24 | time;
| ||||||
25 | (B) the person committed a violation of subsection | ||||||
26 | (a)
while
driving a school bus with persons 18 years of |
| |||||||
| |||||||
1 | age or younger
on board;
| ||||||
2 | (C) the person in committing a violation of | ||||||
3 | subsection
(a) was
involved in a motor vehicle accident | ||||||
4 | that resulted in great bodily harm or
permanent | ||||||
5 | disability or disfigurement to another, when the | ||||||
6 | violation was
a proximate cause of the injuries;
| ||||||
7 | (D) the person committed a violation of subsection | ||||||
8 | (a)
for a
second time and has been previously convicted | ||||||
9 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
10 | or a similar provision of a law of another state | ||||||
11 | relating to reckless homicide in which the person was
| ||||||
12 | determined to have been under the influence of alcohol, | ||||||
13 | other drug or
drugs, or intoxicating compound or | ||||||
14 | compounds as an element of the offense or
the person | ||||||
15 | has previously been convicted
under subparagraph (C) | ||||||
16 | or subparagraph (F) of this paragraph (1);
| ||||||
17 | (E) the person, in committing a violation of | ||||||
18 | subsection (a) while
driving at any speed in a school | ||||||
19 | speed zone at a time when a speed limit of
20 miles per | ||||||
20 | hour was in effect under subsection (a) of Section | ||||||
21 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
22 | accident that resulted in bodily
harm, other than great | ||||||
23 | bodily harm or permanent disability or disfigurement,
| ||||||
24 | to another person, when the violation of subsection (a) | ||||||
25 | was a
proximate cause
of the bodily harm; or
| ||||||
26 | (F) the person, in committing a violation of |
| |||||||
| |||||||
1 | subsection (a), was
involved in a motor vehicle, | ||||||
2 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
3 | accident that resulted in
the death of another person, | ||||||
4 | when the violation of subsection
(a) was
a proximate | ||||||
5 | cause of the death.
| ||||||
6 | (2) Except as provided in this paragraph (2), a person | ||||||
7 | convicted of
aggravated driving under
the
influence of | ||||||
8 | alcohol, other drug or
drugs,
or intoxicating compound or | ||||||
9 | compounds, or any
combination thereof is guilty of a Class | ||||||
10 | 4 felony. For a violation of
subparagraph (C)
of
paragraph | ||||||
11 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
12 | a term
of imprisonment, shall be sentenced
to not less than
| ||||||
13 | one year nor more than 12 years.
Aggravated driving under | ||||||
14 | the influence of alcohol, other drug or drugs,
or | ||||||
15 | intoxicating compound or compounds, or any combination | ||||||
16 | thereof as
defined in subparagraph (F) of paragraph (1) of | ||||||
17 | this subsection (d) is
a Class 2 felony, for which the | ||||||
18 | defendant, unless the court determines that extraordinary | ||||||
19 | circumstances exist and require probation, shall be | ||||||
20 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
21 | years and not more
than 14 years if the violation resulted | ||||||
22 | in the death of one person; or
(B) a term of imprisonment | ||||||
23 | of not less than 6 years and not
more than 28 years if the | ||||||
24 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
25 | any prosecution under this subsection
(d), a certified copy | ||||||
26 | of the
driving abstract of the defendant shall be admitted |
| |||||||
| |||||||
1 | as proof of any prior
conviction.
Any person sentenced | ||||||
2 | under this subsection (d) who receives a term of
probation
| ||||||
3 | or conditional discharge must serve a minimum term of | ||||||
4 | either 480 hours of
community service or 10 days of | ||||||
5 | imprisonment as a condition of the probation or
conditional | ||||||
6 | discharge. This mandatory minimum term of imprisonment or
| ||||||
7 | assignment of community service may not be suspended or | ||||||
8 | reduced by the court.
| ||||||
9 | (e) After a finding of guilt and prior to any final | ||||||
10 | sentencing, or an
order for supervision, for an offense based | ||||||
11 | upon an arrest for a
violation of this Section or a similar | ||||||
12 | provision of a local ordinance,
individuals shall be required | ||||||
13 | to undergo a professional evaluation to
determine if an | ||||||
14 | alcohol, drug, or intoxicating compound abuse problem exists
| ||||||
15 | and the
extent of the problem, and undergo the imposition of | ||||||
16 | treatment as appropriate.
Programs conducting these | ||||||
17 | evaluations shall be
licensed by the Department of Human | ||||||
18 | Services. The cost of any professional
evaluation shall be paid | ||||||
19 | for by the
individual
required to undergo the professional | ||||||
20 | evaluation.
| ||||||
21 | (e-1) Any person who is found guilty of or pleads guilty to | ||||||
22 | violating this
Section, including any person receiving a | ||||||
23 | disposition of court supervision for
violating this Section, | ||||||
24 | may be required by the Court to attend a victim
impact panel | ||||||
25 | offered by, or under contract with, a County State's Attorney's
| ||||||
26 | office, a probation and court services department, Mothers |
| |||||||
| |||||||
1 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
2 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
3 | be paid from fees collected from the
offender or as may be | ||||||
4 | determined by the court.
| ||||||
5 | (f) Every person found guilty of violating this Section, | ||||||
6 | whose
operation of a motor vehicle while in violation of this | ||||||
7 | Section proximately
caused any incident resulting in an | ||||||
8 | appropriate emergency response, shall
be liable for the expense | ||||||
9 | of an emergency response as provided under
Section 5-5-3 of the | ||||||
10 | Unified Code of Corrections.
| ||||||
11 | (g) The Secretary of State shall revoke the driving | ||||||
12 | privileges of any
person convicted under this Section or a | ||||||
13 | similar provision of a local
ordinance.
| ||||||
14 | (h) (Blank).
| ||||||
15 | (i) The Secretary of State shall require the use of | ||||||
16 | ignition interlock
devices on all vehicles owned by an | ||||||
17 | individual who has been convicted of a
second
or subsequent | ||||||
18 | offense of this Section or a similar provision of a local
| ||||||
19 | ordinance. The Secretary shall establish by rule and regulation | ||||||
20 | the procedures
for certification and use of the interlock | ||||||
21 | system.
| ||||||
22 | (j) In addition to any other penalties and liabilities, a | ||||||
23 | person who is
found guilty of or pleads guilty to violating | ||||||
24 | subsection (a), including any
person placed on court | ||||||
25 | supervision for violating subsection (a), shall be fined
$500, | ||||||
26 | payable to the
circuit clerk, who shall distribute the money as |
| |||||||
| |||||||
1 | follows: 20% to the law enforcement agency
that made the arrest | ||||||
2 | and 80% shall be forwarded to the State Treasurer for deposit | ||||||
3 | into the General Revenue Fund. If the person has been | ||||||
4 | previously convicted of violating
subsection (a) or a similar | ||||||
5 | provision of a local
ordinance, the fine shall be
$1,000. In | ||||||
6 | the event that more than one agency is responsible
for the | ||||||
7 | arrest, the amount payable to law enforcement agencies shall be | ||||||
8 | shared equally. Any moneys received
by a law
enforcement agency | ||||||
9 | under this subsection (j) shall be used for enforcement and | ||||||
10 | prevention of driving while under the influence of alcohol, | ||||||
11 | other drug or drugs, intoxicating compound or compounds or any | ||||||
12 | combination thereof, as defined by this Section, including but | ||||||
13 | not limited to the purchase of law
enforcement equipment and | ||||||
14 | commodities that will assist in the prevention of alcohol | ||||||
15 | related
criminal violence throughout the State; police officer | ||||||
16 | training and education in areas related to alcohol related | ||||||
17 | crime, including but not limited to DUI training; and police | ||||||
18 | officer salaries, including but not limited to salaries for | ||||||
19 | hire back funding for safety checkpoints, saturation patrols, | ||||||
20 | and liquor store sting operations. Equipment and commodities | ||||||
21 | shall include, but are not limited
to, in-car video cameras, | ||||||
22 | radar and laser speed detection devices, and alcohol
breath | ||||||
23 | testers.
Any moneys received by the Department of State Police | ||||||
24 | under this subsection
(j) shall be deposited into the State | ||||||
25 | Police DUI Fund and shall be used for enforcement and | ||||||
26 | prevention of driving while under the influence of alcohol, |
| |||||||
| |||||||
1 | other drug or drugs, intoxicating compound or compounds or any | ||||||
2 | combination thereof, as defined by this Section, including but | ||||||
3 | not limited to the
purchase of law enforcement equipment and | ||||||
4 | commodities that will assist in the prevention of
alcohol | ||||||
5 | related criminal violence throughout the State; police officer | ||||||
6 | training and education in areas related to alcohol related | ||||||
7 | crime, including but not limited to DUI training; and police | ||||||
8 | officer salaries, including but not limited to salaries for | ||||||
9 | hire back funding for safety checkpoints, saturation patrols, | ||||||
10 | and liquor store sting operations.
| ||||||
11 | (k) The Secretary of State Police DUI Fund is created as a | ||||||
12 | special
fund in the State treasury. All moneys received by the | ||||||
13 | Secretary of State
Police under subsection (j) of this Section | ||||||
14 | shall be deposited into the
Secretary of State Police DUI Fund | ||||||
15 | and, subject to appropriation, shall be
used for enforcement | ||||||
16 | and prevention of driving while under the influence of alcohol, | ||||||
17 | other drug or drugs, intoxicating compound or compounds or any | ||||||
18 | combination thereof, as defined by this Section, including but | ||||||
19 | not limited to the purchase of law enforcement equipment and | ||||||
20 | commodities to assist in the prevention of
alcohol related | ||||||
21 | criminal violence throughout the State; police officer | ||||||
22 | training and education in areas related to alcohol related | ||||||
23 | crime, including but not limited to DUI training; and police | ||||||
24 | officer salaries, including but not limited to salaries for | ||||||
25 | hire back funding for safety checkpoints, saturation patrols, | ||||||
26 | and liquor store sting operations.
|
| |||||||
| |||||||
1 | (l) Whenever an individual is sentenced for an offense | ||||||
2 | based upon an
arrest for a violation of subsection (a) or a | ||||||
3 | similar provision of a local
ordinance, and the professional | ||||||
4 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
5 | education, neither the treatment nor the education
shall be the | ||||||
6 | sole disposition and either or both may be imposed only in
| ||||||
7 | conjunction with another disposition. The court shall monitor | ||||||
8 | compliance with
any remedial education or treatment | ||||||
9 | recommendations contained in the
professional evaluation. | ||||||
10 | Programs conducting alcohol or other drug evaluation
or | ||||||
11 | remedial education must be licensed by the Department of Human | ||||||
12 | Services. If
the individual is not a resident of Illinois, | ||||||
13 | however, the court may accept an
alcohol or other drug | ||||||
14 | evaluation or remedial education program in the
individual's | ||||||
15 | state of residence. Programs providing treatment must be | ||||||
16 | licensed
under existing applicable alcoholism and drug | ||||||
17 | treatment licensure standards.
| ||||||
18 | (m) In addition to any other fine or penalty required by | ||||||
19 | law, an individual
convicted of a violation of subsection (a), | ||||||
20 | Section 5-7 of the Snowmobile
Registration and Safety Act, | ||||||
21 | Section 5-16 of the Boat Registration and Safety
Act, or a | ||||||
22 | similar provision, whose operation of a motor vehicle, | ||||||
23 | snowmobile, or
watercraft while in
violation of subsection (a), | ||||||
24 | Section 5-7 of the Snowmobile Registration and
Safety Act, | ||||||
25 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
26 | similar
provision proximately caused an incident resulting in |
| |||||||
| |||||||
1 | an appropriate emergency
response, shall be required to make | ||||||
2 | restitution to a public agency for the
costs of that emergency | ||||||
3 | response. The restitution may not exceed $1,000 per
public | ||||||
4 | agency for each emergency response. As used in this subsection | ||||||
5 | (m),
"emergency response" means any incident requiring a | ||||||
6 | response by a police
officer, a firefighter carried on the | ||||||
7 | rolls of a regularly constituted fire
department, or an | ||||||
8 | ambulance.
| ||||||
9 | (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||||||
10 | 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||||||
11 | 93-840, eff. 7-30-04; 94-113, eff. 1-1-06; 94-609, eff. 1-1-06; | ||||||
12 | 94-963, eff. 6-28-06.)
| ||||||
13 | (Text of Section from P.A. 94-114 and 94-963) | ||||||
14 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
15 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
16 | combination thereof.
| ||||||
17 | (a) A person shall not drive or be in actual
physical | ||||||
18 | control of any vehicle within this State while:
| ||||||
19 | (1) the alcohol concentration in the person's blood or | ||||||
20 | breath is 0.08
or more based on the definition of blood and | ||||||
21 | breath units in Section 11-501.2;
| ||||||
22 | (2) under the influence of alcohol;
| ||||||
23 | (3) under the influence of any intoxicating compound or | ||||||
24 | combination of
intoxicating compounds to a degree that | ||||||
25 | renders the person incapable of
driving safely;
|
| |||||||
| |||||||
1 | (4) under the influence of any other drug or | ||||||
2 | combination of drugs to a
degree that renders the person | ||||||
3 | incapable of safely driving;
| ||||||
4 | (5) under the combined influence of alcohol, other drug | ||||||
5 | or drugs, or
intoxicating compound or compounds to a degree | ||||||
6 | that renders the person
incapable of safely driving; or
| ||||||
7 | (6) there is any amount of a drug, substance, or | ||||||
8 | compound in the
person's breath, blood, or urine resulting | ||||||
9 | from the unlawful use or consumption
of cannabis listed in | ||||||
10 | the Cannabis Control Act, a controlled substance listed
in | ||||||
11 | the Illinois Controlled Substances Act, or an intoxicating | ||||||
12 | compound listed
in the Use of Intoxicating Compounds Act.
| ||||||
13 | (b) The fact that any person charged with violating this | ||||||
14 | Section is or
has been legally entitled to use alcohol, other | ||||||
15 | drug or drugs, or
intoxicating compound or compounds, or any
| ||||||
16 | combination thereof, shall not constitute a defense against any | ||||||
17 | charge of
violating this Section.
| ||||||
18 | (b-1) With regard to penalties imposed under this Section:
| ||||||
19 | (1) Any reference to a prior violation of subsection | ||||||
20 | (a) or a similar
provision includes any violation of a | ||||||
21 | provision of a local ordinance or a
provision of a law of | ||||||
22 | another state that is similar to a violation of
subsection | ||||||
23 | (a) of this Section.
| ||||||
24 | (2) Any penalty imposed for driving with a license that | ||||||
25 | has been revoked
for a previous violation of subsection (a) | ||||||
26 | of this Section shall be in
addition to the penalty imposed |
| |||||||
| |||||||
1 | for any subsequent violation of subsection (a).
| ||||||
2 | (b-2) Except as otherwise provided in this Section, any | ||||||
3 | person convicted of
violating subsection (a) of this Section is | ||||||
4 | guilty of a Class A misdemeanor.
| ||||||
5 | (b-3) In addition to any other criminal or administrative | ||||||
6 | sanction for any
second conviction of violating subsection (a) | ||||||
7 | or a similar provision committed
within 5 years of a previous | ||||||
8 | violation of subsection (a) or a similar
provision, the | ||||||
9 | defendant shall be sentenced to a mandatory minimum of 5 days | ||||||
10 | of
imprisonment or assigned a mandatory minimum of 240 hours of | ||||||
11 | community service
as may be determined by the court.
| ||||||
12 | (b-4) In the case of a third or subsequent violation | ||||||
13 | committed within 5
years of a previous violation of subsection | ||||||
14 | (a) or a similar provision, in
addition to any other criminal | ||||||
15 | or administrative sanction, a mandatory minimum
term of either | ||||||
16 | 10 days of imprisonment or 480 hours of community service shall
| ||||||
17 | be imposed.
| ||||||
18 | (b-5) The imprisonment or assignment of community service | ||||||
19 | under subsections
(b-3) and (b-4) shall not be subject to | ||||||
20 | suspension, nor shall the person be
eligible for a reduced | ||||||
21 | sentence.
| ||||||
22 | (c) (Blank).
| ||||||
23 | (c-1) (1) A person who violates subsection (a)
during
a | ||||||
24 | period in which his
or her driving privileges are revoked | ||||||
25 | or suspended, where the revocation or
suspension was for a | ||||||
26 | violation of subsection (a), Section
11-501.1, paragraph |
| |||||||
| |||||||
1 | (b)
of Section 11-401, or for reckless homicide as defined | ||||||
2 | in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| ||||||
3 | Class 4 felony.
| ||||||
4 | (2) A person who violates subsection (a) a third
time, | ||||||
5 | if the third violation occurs during a period in
which his | ||||||
6 | or her driving privileges are revoked or suspended where | ||||||
7 | the
revocation
or suspension was for a violation of | ||||||
8 | subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||||||
9 | 11-401, or for reckless homicide as defined in Section 9-3
| ||||||
10 | of the Criminal Code of 1961, is guilty of
a Class 3 | ||||||
11 | felony. | ||||||
12 | (2.1) A person who violates subsection (a) a third | ||||||
13 | time, if the third
violation occurs during a period in | ||||||
14 | which his or her driving privileges are
revoked or | ||||||
15 | suspended where the revocation or suspension was for a | ||||||
16 | violation of
subsection (a), Section 11-501.1, subsection | ||||||
17 | (b) of Section 11-401, or for
reckless homicide as defined | ||||||
18 | in Section
9-3 of the Criminal Code of 1961, is guilty of a | ||||||
19 | Class 3 felony; and if the
person receives a term of
| ||||||
20 | probation or conditional discharge, he or she shall be | ||||||
21 | required to serve a
mandatory
minimum of 10 days of | ||||||
22 | imprisonment or shall be assigned a mandatory minimum of
| ||||||
23 | 480 hours of community service, as may be determined by the | ||||||
24 | court, as a
condition of the probation or conditional | ||||||
25 | discharge. This mandatory minimum
term of imprisonment or | ||||||
26 | assignment of community service shall not be suspended
or |
| |||||||
| |||||||
1 | reduced by the court.
| ||||||
2 | (2.2) A person who violates subsection (a), if the
| ||||||
3 | violation occurs during a period in which his or her | ||||||
4 | driving privileges are
revoked or suspended where the | ||||||
5 | revocation or suspension was for a violation of
subsection | ||||||
6 | (a) or Section 11-501.1, shall also be sentenced to an | ||||||
7 | additional
mandatory minimum term of 30 consecutive days of | ||||||
8 | imprisonment, 40 days of
24-hour periodic imprisonment, or | ||||||
9 | 720 hours of community service, as may be
determined by the | ||||||
10 | court. This mandatory term of imprisonment or assignment of
| ||||||
11 | community service shall not be suspended or reduced by the | ||||||
12 | court.
| ||||||
13 | (3) A person who violates subsection (a) a fourth or
| ||||||
14 | fifth time, if the fourth or fifth
violation occurs
during | ||||||
15 | a period in which his
or her driving privileges are revoked | ||||||
16 | or suspended where the revocation
or suspension was for a | ||||||
17 | violation of subsection (a),
Section 11-501.1, paragraph
| ||||||
18 | (b) of Section 11-401, or for reckless homicide as defined | ||||||
19 | in
Section 9-3
of
the Criminal Code of 1961, is guilty of
a | ||||||
20 | Class 2 felony and is not eligible for a sentence of | ||||||
21 | probation or
conditional discharge.
| ||||||
22 | (c-2) (Blank).
| ||||||
23 | (c-3) (Blank).
| ||||||
24 | (c-4) (Blank).
| ||||||
25 | (c-5) A person who violates subsection (a), if the person | ||||||
26 | was transporting
a person under the age of 16 at the time of |
| |||||||
| |||||||
1 | the violation, is subject to an
additional mandatory minimum | ||||||
2 | fine of $1,000, an additional mandatory minimum
140 hours of | ||||||
3 | community service, which shall include 40 hours of community
| ||||||
4 | service in a program benefiting children, and an additional 2 | ||||||
5 | days of
imprisonment. The imprisonment or assignment of | ||||||
6 | community service under this
subsection (c-5) is not subject to | ||||||
7 | suspension, nor is the person eligible for
a reduced sentence.
| ||||||
8 | (c-6) Except as provided in subsections (c-7) and (c-8) a | ||||||
9 | person who
violates
subsection (a) a second time, if at the | ||||||
10 | time of
the second violation the person was transporting a | ||||||
11 | person under the age of 16,
is subject to an additional 10 days | ||||||
12 | of imprisonment, an additional mandatory
minimum fine of | ||||||
13 | $1,000, and an additional mandatory minimum 140 hours of
| ||||||
14 | community service, which shall include 40 hours of community | ||||||
15 | service in a
program benefiting children.
The imprisonment or | ||||||
16 | assignment of community service under this subsection (c-6)
is | ||||||
17 | not subject to suspension, nor is the person eligible for a | ||||||
18 | reduced
sentence. If the person was transporting a passenger | ||||||
19 | under the age of 16 years at the time of the first violation | ||||||
20 | and at the time of the second violation, the person is guilty | ||||||
21 | of a Class 4 felony.
| ||||||
22 | (c-7) Except as provided in subsection (c-8), any person | ||||||
23 | convicted of
violating subsection (c-6) or a similar
provision | ||||||
24 | within 10 years of a previous violation of subsection (a) or a
| ||||||
25 | similar provision shall receive, in addition to any other | ||||||
26 | penalty imposed, a
mandatory minimum 12 days imprisonment, an |
| |||||||
| |||||||
1 | additional 40 hours of mandatory
community service in a program | ||||||
2 | benefiting children, and a mandatory minimum
fine of $1,750. | ||||||
3 | The imprisonment or assignment of community service under this
| ||||||
4 | subsection (c-7) is not subject to suspension, nor is the | ||||||
5 | person
eligible for a reduced sentence. If the person was | ||||||
6 | transporting a passenger under the age of 16 years at the time | ||||||
7 | of the first violation and at the time of the second violation, | ||||||
8 | the person is guilty of a Class 4 felony.
| ||||||
9 | (c-8) Any person convicted of violating subsection (c-6) or | ||||||
10 | a similar
provision within 5 years of a previous violation of | ||||||
11 | subsection (a) or a similar
provision shall receive, in | ||||||
12 | addition to any other penalty imposed, an
additional 80 hours | ||||||
13 | of mandatory community service in a program benefiting
| ||||||
14 | children, an additional mandatory minimum 12 days of | ||||||
15 | imprisonment, and a
mandatory minimum fine of $1,750. The | ||||||
16 | imprisonment or assignment of community
service under this | ||||||
17 | subsection (c-8) is not subject to suspension, nor
is the
| ||||||
18 | person eligible for a reduced sentence. If the person was | ||||||
19 | transporting a passenger under the age of 16 years at the time | ||||||
20 | of the first violation and at the time of the second violation, | ||||||
21 | the person is guilty of a Class 4 felony.
| ||||||
22 | (c-9) Any person convicted a third time for violating | ||||||
23 | subsection (a) or a
similar provision, if at the time of the | ||||||
24 | third violation the person was
transporting a person under the | ||||||
25 | age of 16, is guilty of a Class 4 felony and shall
receive, in | ||||||
26 | addition to any other
penalty imposed, an additional mandatory |
| |||||||
| |||||||
1 | fine of $1,000, an additional
mandatory 140 hours of community | ||||||
2 | service, which shall include 40 hours in a
program benefiting | ||||||
3 | children, and a mandatory minimum 30 days of imprisonment.
The | ||||||
4 | imprisonment or assignment of community service under this | ||||||
5 | subsection (c-9)
is not subject to suspension, nor is the | ||||||
6 | person eligible for a reduced
sentence.
| ||||||
7 | (c-10) Any person convicted of violating subsection (c-9) | ||||||
8 | or a similar
provision a third time within 20 years of a | ||||||
9 | previous violation of subsection
(a) or a
similar provision is | ||||||
10 | guilty of a Class 4 felony and shall receive, in addition
to | ||||||
11 | any other penalty imposed, an additional mandatory 40 hours of | ||||||
12 | community
service in a program benefiting children, an | ||||||
13 | additional mandatory fine of
$3,000, and a mandatory minimum | ||||||
14 | 120 days of imprisonment. The imprisonment or
assignment of | ||||||
15 | community service under this subsection (c-10) is not subject | ||||||
16 | to
suspension, nor is the person eligible for a reduced | ||||||
17 | sentence.
| ||||||
18 | (c-11) Any person convicted a fourth or fifth
time for | ||||||
19 | violating
subsection (a) or a similar provision, if at the time | ||||||
20 | of the fourth or
fifth violation the person was transporting a | ||||||
21 | person under the age of 16,
and if the person's 3 prior | ||||||
22 | violations of subsection (a) or a similar provision
occurred | ||||||
23 | while transporting a person under the age of 16 or while the | ||||||
24 | alcohol
concentration in his or her blood, breath, or urine was | ||||||
25 | 0.16 or more based
on the definition of blood, breath, or urine | ||||||
26 | units in Section 11-501.2, is
guilty of a Class 2 felony, is |
| |||||||
| |||||||
1 | not eligible for probation or conditional
discharge, and is | ||||||
2 | subject to a minimum fine of $3,000.
| ||||||
3 | (c-12) Any person convicted of a first violation of | ||||||
4 | subsection (a) or a
similar provision, if the alcohol | ||||||
5 | concentration in his or her blood, breath, or
urine was 0.16 or | ||||||
6 | more based on the definition of blood, breath, or urine
units | ||||||
7 | in Section 11-501.2, shall be subject, in addition to any other | ||||||
8 | penalty
that may be imposed, to a mandatory minimum of 100 | ||||||
9 | hours of community service
and a mandatory minimum fine of | ||||||
10 | $500.
| ||||||
11 | (c-13) Any person convicted of a second violation of | ||||||
12 | subsection (a) or a similar provision committed within 10 years | ||||||
13 | of a previous violation of subsection (a) or a similar | ||||||
14 | provision committed within 10 years of a previous violation of | ||||||
15 | subsection (a) or a similar provision, if at the time of the | ||||||
16 | second violation of subsection (a) the
alcohol concentration in | ||||||
17 | his or her blood, breath, or urine was 0.16 or more
based on | ||||||
18 | the definition of blood, breath, or urine units in Section | ||||||
19 | 11-501.2,
shall be
subject, in addition to any other penalty | ||||||
20 | that may be imposed, to a mandatory
minimum of 2 days of | ||||||
21 | imprisonment and a mandatory minimum fine of $1,250.
| ||||||
22 | (c-14) Any person convicted of a third violation of | ||||||
23 | subsection (a) or a
similar provision within 20 years of a | ||||||
24 | previous violation of subsection (a) or
a
similar provision, if | ||||||
25 | at the time of the third violation of subsection (a) or a
| ||||||
26 | similar provision the alcohol concentration in his or her |
| |||||||
| |||||||
1 | blood, breath, or
urine was 0.16 or more based on the | ||||||
2 | definition of blood, breath, or urine units
in Section | ||||||
3 | 11-501.2, is guilty of a Class 4 felony and shall be subject, | ||||||
4 | in
addition to any other penalty that may be imposed, to a | ||||||
5 | mandatory minimum of
90 days of imprisonment and a mandatory | ||||||
6 | minimum fine of $2,500.
| ||||||
7 | (c-15) Any person convicted of a fourth or fifth
violation | ||||||
8 | of
subsection
(a) or a similar provision, if at the time of the | ||||||
9 | fourth or fifth
violation the alcohol concentration in his or | ||||||
10 | her blood, breath, or urine was
0.16 or more based on the | ||||||
11 | definition of blood, breath, or urine units in
Section | ||||||
12 | 11-501.2, and if the person's 3 prior violations of subsection | ||||||
13 | (a) or a
similar provision occurred while transporting a person | ||||||
14 | under the age of 16 or
while the alcohol concentration in his | ||||||
15 | or her blood, breath, or urine was 0.16
or more based on the | ||||||
16 | definition of blood, breath, or urine units in Section
| ||||||
17 | 11-501.2, is guilty of a Class 2 felony and is not eligible for | ||||||
18 | a sentence of
probation or conditional discharge and is subject | ||||||
19 | to a minimum fine of
$2,500.
| ||||||
20 | (c-16) Any person convicted of a sixth or subsequent | ||||||
21 | violation of subsection (a) is guilty of a Class X felony.
| ||||||
22 | (d) (1) Every person convicted of committing a violation of | ||||||
23 | this Section
shall be guilty of aggravated driving under | ||||||
24 | the influence of alcohol,
other drug or drugs, or | ||||||
25 | intoxicating compound or compounds, or any combination
| ||||||
26 | thereof if:
|
| |||||||
| |||||||
1 | (A) the person committed a violation of subsection | ||||||
2 | (a) or a similar
provision for the
third or subsequent | ||||||
3 | time;
| ||||||
4 | (B) the person committed a violation of subsection | ||||||
5 | (a)
while
driving a school bus with persons 18 years of | ||||||
6 | age or younger
on board;
| ||||||
7 | (C) the person in committing a violation of | ||||||
8 | subsection
(a) was
involved in a motor vehicle accident | ||||||
9 | that resulted in great bodily harm or
permanent | ||||||
10 | disability or disfigurement to another, when the | ||||||
11 | violation was
a proximate cause of the injuries;
| ||||||
12 | (D) the person committed a violation of subsection | ||||||
13 | (a)
for a
second time and has been previously convicted | ||||||
14 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
15 | or a similar provision of a law of another state | ||||||
16 | relating to reckless homicide in which the person was
| ||||||
17 | determined to have been under the influence of alcohol, | ||||||
18 | other drug or
drugs, or intoxicating compound or | ||||||
19 | compounds as an element of the offense or
the person | ||||||
20 | has previously been convicted
under subparagraph (C) | ||||||
21 | or subparagraph (F) of this paragraph (1);
| ||||||
22 | (E) the person, in committing a violation of | ||||||
23 | subsection (a) while
driving at any speed in a school | ||||||
24 | speed zone at a time when a speed limit of
20 miles per | ||||||
25 | hour was in effect under subsection (a) of Section | ||||||
26 | 11-605 of
this Code, was involved in a motor vehicle |
| |||||||
| |||||||
1 | accident that resulted in bodily
harm, other than great | ||||||
2 | bodily harm or permanent disability or disfigurement,
| ||||||
3 | to another person, when the violation of subsection (a) | ||||||
4 | was a
proximate cause
of the bodily harm; or
| ||||||
5 | (F) the person, in committing a violation of | ||||||
6 | subsection (a), was
involved in a motor vehicle, | ||||||
7 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
8 | accident that resulted in
the death of another person, | ||||||
9 | when the violation of subsection
(a) was
a proximate | ||||||
10 | cause of the death.
| ||||||
11 | (2) Except as provided in this paragraph (2), a person | ||||||
12 | convicted of
aggravated driving under
the
influence of | ||||||
13 | alcohol, other drug or
drugs,
or intoxicating compound or | ||||||
14 | compounds, or any
combination thereof is guilty of a Class | ||||||
15 | 4 felony. For a violation of
subparagraph (C)
of
paragraph | ||||||
16 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
17 | a term
of imprisonment, shall be sentenced
to not less than
| ||||||
18 | one year nor more than 12 years.
Aggravated driving under | ||||||
19 | the influence of alcohol, other drug or drugs,
or | ||||||
20 | intoxicating compound or compounds, or any combination | ||||||
21 | thereof as
defined in subparagraph (F) of paragraph (1) of | ||||||
22 | this subsection (d) is
a Class 2 felony, for which the | ||||||
23 | defendant, if sentenced to a term of
imprisonment, shall be | ||||||
24 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
25 | years and not more
than 14 years if the violation resulted | ||||||
26 | in the death of one person; or
(B) a term of imprisonment |
| |||||||
| |||||||
1 | of not less than 6 years and not
more than 28 years if the | ||||||
2 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
3 | any prosecution under this subsection
(d), a certified copy | ||||||
4 | of the
driving abstract of the defendant shall be admitted | ||||||
5 | as proof of any prior
conviction.
Any person sentenced | ||||||
6 | under this subsection (d) who receives a term of
probation
| ||||||
7 | or conditional discharge must serve a minimum term of | ||||||
8 | either 480 hours of
community service or 10 days of | ||||||
9 | imprisonment as a condition of the probation or
conditional | ||||||
10 | discharge. This mandatory minimum term of imprisonment or
| ||||||
11 | assignment of community service may not be suspended or | ||||||
12 | reduced by the court.
| ||||||
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
| ||||||
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.
| ||||||
25 | (e-1) Any person who is found guilty of or pleads guilty to | ||||||
26 | violating this
Section, including any person receiving a |
| |||||||
| |||||||
1 | disposition of court supervision for
violating this Section, | ||||||
2 | may be required by the Court to attend a victim
impact panel | ||||||
3 | offered by, or under contract with, a County State's Attorney's
| ||||||
4 | office, a probation and court services department, Mothers | ||||||
5 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
6 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
7 | be paid from fees collected from the
offender or as may be | ||||||
8 | determined by the court.
| ||||||
9 | (f) Every person found guilty of violating this Section, | ||||||
10 | whose
operation of a motor vehicle while in violation of this | ||||||
11 | Section proximately
caused any incident resulting in an | ||||||
12 | appropriate emergency response, shall
be liable for the expense | ||||||
13 | of an emergency response as provided under
Section 5-5-3 of the | ||||||
14 | Unified Code of Corrections.
| ||||||
15 | (g) The Secretary of State shall revoke the driving | ||||||
16 | privileges of any
person convicted under this Section or a | ||||||
17 | similar provision of a local
ordinance.
| ||||||
18 | (h) (Blank).
| ||||||
19 | (i) The Secretary of State shall require the use of | ||||||
20 | ignition interlock
devices on all vehicles owned by an | ||||||
21 | individual who has been convicted of a
second
or subsequent | ||||||
22 | offense of this Section or a similar provision of a local
| ||||||
23 | ordinance. The Secretary shall establish by rule and regulation | ||||||
24 | the procedures
for certification and use of the interlock | ||||||
25 | system.
| ||||||
26 | (j) In addition to any other penalties and liabilities, a |
| |||||||
| |||||||
1 | person who is
found guilty of or pleads guilty to violating | ||||||
2 | subsection (a), including any
person placed on court | ||||||
3 | supervision for violating subsection (a), shall be fined
$500, | ||||||
4 | payable to the
circuit clerk, who shall distribute the money as | ||||||
5 | follows: 20% to the law enforcement agency
that made the arrest | ||||||
6 | and 80% shall be forwarded to the State Treasurer for deposit | ||||||
7 | into the General Revenue Fund. If the person has been | ||||||
8 | previously convicted of violating
subsection (a) or a similar | ||||||
9 | provision of a local
ordinance, the fine shall be
$1,000. In | ||||||
10 | the event that more than one agency is responsible
for the | ||||||
11 | arrest, the amount payable to law enforcement agencies shall be | ||||||
12 | shared equally. Any moneys received
by a law
enforcement agency | ||||||
13 | under this subsection (j) shall be used for enforcement and | ||||||
14 | prevention of driving while under the influence of alcohol, | ||||||
15 | other drug or drugs, intoxicating compound or compounds or any | ||||||
16 | combination thereof, as defined by this Section, including but | ||||||
17 | not limited to the purchase of law
enforcement equipment and | ||||||
18 | commodities that will assist in the prevention of alcohol | ||||||
19 | related
criminal violence throughout the State; police officer | ||||||
20 | training and education in areas related to alcohol related | ||||||
21 | crime, including but not limited to DUI training; and police | ||||||
22 | officer salaries, including but not limited to salaries for | ||||||
23 | hire back funding for safety checkpoints, saturation patrols, | ||||||
24 | and liquor store sting operations. Equipment and commodities | ||||||
25 | shall include, but are not limited
to, in-car video cameras, | ||||||
26 | radar and laser speed detection devices, and alcohol
breath |
| |||||||
| |||||||
1 | testers.
Any moneys received by the Department of State Police | ||||||
2 | under this subsection
(j) shall be deposited into the State | ||||||
3 | Police DUI Fund and shall be used for enforcement and | ||||||
4 | prevention of driving while under the influence of alcohol, | ||||||
5 | other drug or drugs, intoxicating compound or compounds or any | ||||||
6 | combination thereof, as defined by this Section, including but | ||||||
7 | not limited to the
purchase of law enforcement equipment and | ||||||
8 | commodities that will assist in the prevention of
alcohol | ||||||
9 | related criminal violence throughout the State; police officer | ||||||
10 | training and education in areas related to alcohol related | ||||||
11 | crime, including but not limited to DUI training; and police | ||||||
12 | officer salaries, including but not limited to salaries for | ||||||
13 | hire back funding for safety checkpoints, saturation patrols, | ||||||
14 | and liquor store sting operations.
| ||||||
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 for enforcement | ||||||
20 | and prevention of driving while under the influence of alcohol, | ||||||
21 | other drug or drugs, intoxicating compound or compounds or any | ||||||
22 | combination thereof, as defined by this Section, including but | ||||||
23 | not limited to the purchase of law enforcement equipment and | ||||||
24 | commodities to assist in the prevention of
alcohol related | ||||||
25 | criminal violence throughout the State; police officer | ||||||
26 | training and education in areas related to alcohol related |
| |||||||
| |||||||
1 | crime, including but not limited to DUI training; and police | ||||||
2 | officer salaries, including but not limited to salaries for | ||||||
3 | hire back funding for safety checkpoints, saturation patrols, | ||||||
4 | and liquor store sting operations.
| ||||||
5 | (l) Whenever an individual is sentenced for an offense | ||||||
6 | based upon an
arrest for a violation of subsection (a) or a | ||||||
7 | similar provision of a local
ordinance, and the professional | ||||||
8 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
9 | education, neither the treatment nor the education
shall be the | ||||||
10 | sole disposition and either or both may be imposed only in
| ||||||
11 | conjunction with another disposition. The court shall monitor | ||||||
12 | compliance with
any remedial education or treatment | ||||||
13 | recommendations contained in the
professional evaluation. | ||||||
14 | Programs conducting alcohol or other drug evaluation
or | ||||||
15 | remedial education must be licensed by the Department of Human | ||||||
16 | Services. If
the individual is not a resident of Illinois, | ||||||
17 | however, the court may accept an
alcohol or other drug | ||||||
18 | evaluation or remedial education program in the
individual's | ||||||
19 | state of residence. Programs providing treatment must be | ||||||
20 | licensed
under existing applicable alcoholism and drug | ||||||
21 | treatment licensure standards.
| ||||||
22 | (m) In addition to any other fine or penalty required by | ||||||
23 | law, an individual
convicted of a violation of subsection (a), | ||||||
24 | Section 5-7 of the Snowmobile
Registration and Safety Act, | ||||||
25 | Section 5-16 of the Boat Registration and Safety
Act, or a | ||||||
26 | similar provision, whose operation of a motor vehicle, |
| |||||||
| |||||||
1 | snowmobile, or
watercraft while in
violation of subsection (a), | ||||||
2 | Section 5-7 of the Snowmobile Registration and
Safety Act, | ||||||
3 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
4 | similar
provision proximately caused an incident resulting in | ||||||
5 | an appropriate emergency
response, shall be required to make | ||||||
6 | restitution to a public agency for the
costs of that emergency | ||||||
7 | response. The restitution may not exceed $1,000 per
public | ||||||
8 | agency for each emergency response. As used in this subsection | ||||||
9 | (m),
"emergency response" means any incident requiring a | ||||||
10 | response by a police
officer, a firefighter carried on the | ||||||
11 | rolls of a regularly constituted fire
department, or an | ||||||
12 | ambulance.
| ||||||
13 | (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||||||
14 | 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||||||
15 | 93-840, eff. 7-30-04; 94-114, eff. 1-1-06; 94-963, eff. | ||||||
16 | 6-28-06.)
| ||||||
17 | (Text of Section from P.A. 94-116 and 94-963) | ||||||
18 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
19 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
20 | combination thereof.
| ||||||
21 | (a) A person shall not drive or be in actual
physical | ||||||
22 | control of any vehicle within this State while:
| ||||||
23 | (1) the alcohol concentration in the person's blood or | ||||||
24 | breath is 0.08
or more based on the definition of blood and | ||||||
25 | breath units in Section 11-501.2;
|
| |||||||
| |||||||
1 | (2) under the influence of alcohol;
| ||||||
2 | (3) under the influence of any intoxicating compound or | ||||||
3 | combination of
intoxicating compounds to a degree that | ||||||
4 | renders the person incapable of
driving safely;
| ||||||
5 | (4) under the influence of any other drug or | ||||||
6 | combination of drugs to a
degree that renders the person | ||||||
7 | incapable of safely driving;
| ||||||
8 | (5) under the combined influence of alcohol, other drug | ||||||
9 | or drugs, or
intoxicating compound or compounds to a degree | ||||||
10 | that renders the person
incapable of safely driving; or
| ||||||
11 | (6) there is any amount of a drug, substance, or | ||||||
12 | compound in the
person's breath, blood, or urine resulting | ||||||
13 | from the unlawful use or consumption
of cannabis listed in | ||||||
14 | the Cannabis Control Act, a controlled substance listed
in | ||||||
15 | the Illinois Controlled Substances Act, or an intoxicating | ||||||
16 | compound listed
in the Use of Intoxicating Compounds Act.
| ||||||
17 | (b) The fact that any person charged with violating this | ||||||
18 | Section is or
has been legally entitled to use alcohol, other | ||||||
19 | drug or drugs, or
intoxicating compound or compounds, or any
| ||||||
20 | combination thereof, shall not constitute a defense against any | ||||||
21 | charge of
violating this Section.
| ||||||
22 | (b-1) With regard to penalties imposed under this Section:
| ||||||
23 | (1) Any reference to a prior violation of subsection | ||||||
24 | (a) or a similar
provision includes any violation of a | ||||||
25 | provision of a local ordinance or a
provision of a law of | ||||||
26 | another state that is similar to a violation of
subsection |
| |||||||
| |||||||
1 | (a) of this Section.
| ||||||
2 | (2) Any penalty imposed for driving with a license that | ||||||
3 | has been revoked
for a previous violation of subsection (a) | ||||||
4 | of this Section shall be in
addition to the penalty imposed | ||||||
5 | for any subsequent violation of subsection (a).
| ||||||
6 | (b-2) Except as otherwise provided in this Section, any | ||||||
7 | person convicted of
violating subsection (a) of this Section is | ||||||
8 | guilty of a Class A misdemeanor.
| ||||||
9 | (b-3) In addition to any other criminal or administrative | ||||||
10 | sanction for any
second conviction of violating subsection (a) | ||||||
11 | or a similar provision committed
within 5 years of a previous | ||||||
12 | violation of subsection (a) or a similar
provision, the | ||||||
13 | defendant shall be sentenced to a mandatory minimum of 5 days | ||||||
14 | of
imprisonment or assigned a mandatory minimum of 240 hours of | ||||||
15 | community service
as may be determined by the court.
| ||||||
16 | (b-4) In the case of a third violation committed within 5
| ||||||
17 | years of a previous violation of subsection (a) or a similar | ||||||
18 | provision, the defendant is guilty of a Class 2 felony, and in
| ||||||
19 | addition to any other criminal or administrative sanction, a | ||||||
20 | mandatory minimum
term of either 10 days of imprisonment or 480 | ||||||
21 | hours of community service shall
be imposed.
| ||||||
22 | (b-5) The imprisonment or assignment of community service | ||||||
23 | under subsections
(b-3) and (b-4) shall not be subject to | ||||||
24 | suspension, nor shall the person be
eligible for a reduced | ||||||
25 | sentence.
| ||||||
26 | (c) (Blank).
|
| |||||||
| |||||||
1 | (c-1) (1) A person who violates subsection (a)
during
a | ||||||
2 | period in which his
or her driving privileges are revoked | ||||||
3 | or suspended, where the revocation or
suspension was for a | ||||||
4 | violation of subsection (a), Section
11-501.1, paragraph | ||||||
5 | (b)
of Section 11-401, or for reckless homicide as defined | ||||||
6 | in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| ||||||
7 | Class 4 felony.
| ||||||
8 | (2) A person who violates subsection (a) a third
time | ||||||
9 | is guilty of
a Class 2 felony. | ||||||
10 | (2.1) A person who violates subsection (a) a third | ||||||
11 | time, if the third
violation occurs during a period in | ||||||
12 | which his or her driving privileges are
revoked or | ||||||
13 | suspended where the revocation or suspension was for a | ||||||
14 | violation of
subsection (a), Section 11-501.1, subsection | ||||||
15 | (b) of Section 11-401, or for
reckless homicide as defined | ||||||
16 | in Section
9-3 of the Criminal Code of 1961, is guilty of a | ||||||
17 | Class 2 felony; and if the
person receives a term of
| ||||||
18 | probation or conditional discharge, he or she shall be | ||||||
19 | required to serve a
mandatory
minimum of 10 days of | ||||||
20 | imprisonment or shall be assigned a mandatory minimum of
| ||||||
21 | 480 hours of community service, as may be determined by the | ||||||
22 | court, as a
condition of the probation or conditional | ||||||
23 | discharge. This mandatory minimum
term of imprisonment or | ||||||
24 | assignment of community service shall not be suspended
or | ||||||
25 | reduced by the court.
| ||||||
26 | (2.2) A person who violates subsection (a), if the
|
| |||||||
| |||||||
1 | violation occurs during a period in which his or her | ||||||
2 | driving privileges are
revoked or suspended where the | ||||||
3 | revocation or suspension was for a violation of
subsection | ||||||
4 | (a) or Section 11-501.1, shall also be sentenced to an | ||||||
5 | additional
mandatory minimum term of 30 consecutive days of | ||||||
6 | imprisonment, 40 days of
24-hour periodic imprisonment, or | ||||||
7 | 720 hours of community service, as may be
determined by the | ||||||
8 | court. This mandatory term of imprisonment or assignment of
| ||||||
9 | community service shall not be suspended or reduced by the | ||||||
10 | court.
| ||||||
11 | (3) A person who violates subsection (a) a fourth time | ||||||
12 | is guilty of
a Class 2 felony and is not eligible for a | ||||||
13 | sentence of probation or
conditional discharge.
| ||||||
14 | (4) A person who violates subsection (a) a fifth or | ||||||
15 | subsequent time is guilty of a Class 1 felony and is not | ||||||
16 | eligible for a sentence of probation or conditional | ||||||
17 | discharge.
| ||||||
18 | (c-2) (Blank).
| ||||||
19 | (c-3) (Blank).
| ||||||
20 | (c-4) (Blank).
| ||||||
21 | (c-5) A person who violates subsection (a), if the person | ||||||
22 | was transporting
a person under the age of 16 at the time of | ||||||
23 | the violation, is subject to an
additional mandatory minimum | ||||||
24 | fine of $1,000, an additional mandatory minimum
140 hours of | ||||||
25 | community service, which shall include 40 hours of community
| ||||||
26 | service in a program benefiting children, and an additional 2 |
| |||||||
| |||||||
1 | days of
imprisonment. The imprisonment or assignment of | ||||||
2 | community service under this
subsection (c-5) is not subject to | ||||||
3 | suspension, nor is the person eligible for
a reduced sentence.
| ||||||
4 | (c-6) Except as provided in subsections (c-7) and (c-8) a | ||||||
5 | person who
violates
subsection (a) a second time, if at the | ||||||
6 | time of
the second violation the person was transporting a | ||||||
7 | person under the age of 16,
is subject to an additional 10 days | ||||||
8 | of imprisonment, an additional mandatory
minimum fine of | ||||||
9 | $1,000, and an additional mandatory minimum 140 hours of
| ||||||
10 | community service, which shall include 40 hours of community | ||||||
11 | service in a
program benefiting children.
The imprisonment or | ||||||
12 | assignment of community service under this subsection (c-6)
is | ||||||
13 | not subject to suspension, nor is the person eligible for a | ||||||
14 | reduced
sentence. If the person was transporting a passenger | ||||||
15 | under the age of 16 years at the time of the first violation | ||||||
16 | and at the time of the second violation, the person is guilty | ||||||
17 | of a Class 4 felony.
| ||||||
18 | (c-7) Except as provided in subsection (c-8), any person | ||||||
19 | convicted of
violating subsection (c-6) or a similar
provision | ||||||
20 | within 10 years of a previous violation of subsection (a) or a
| ||||||
21 | similar provision shall receive, in addition to any other | ||||||
22 | penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||||||
23 | additional 40 hours of mandatory
community service in a program | ||||||
24 | benefiting children, and a mandatory minimum
fine of $1,750. | ||||||
25 | The imprisonment or assignment of community service under this
| ||||||
26 | subsection (c-7) is not subject to suspension, nor is the |
| |||||||
| |||||||
1 | person
eligible for a reduced sentence. If the person was | ||||||
2 | transporting a passenger under the age of 16 years at the time | ||||||
3 | of the first violation and at the time of the second violation, | ||||||
4 | the person is guilty of a Class 4 felony.
| ||||||
5 | (c-8) Any person convicted of violating subsection (c-6) or | ||||||
6 | a similar
provision within 5 years of a previous violation of | ||||||
7 | subsection (a) or a similar
provision shall receive, in | ||||||
8 | addition to any other penalty imposed, an
additional 80 hours | ||||||
9 | of mandatory community service in a program benefiting
| ||||||
10 | children, an additional mandatory minimum 12 days of | ||||||
11 | imprisonment, and a
mandatory minimum fine of $1,750. The | ||||||
12 | imprisonment or assignment of community
service under this | ||||||
13 | subsection (c-8) is not subject to suspension, nor
is the
| ||||||
14 | person eligible for a reduced sentence. If the person was | ||||||
15 | transporting a passenger under the age of 16 years at the time | ||||||
16 | of the first violation and at the time of the second violation, | ||||||
17 | the person is guilty of a Class 4 felony.
| ||||||
18 | (c-9) Any person convicted a third time for violating | ||||||
19 | subsection (a) or a
similar provision, if at the time of the | ||||||
20 | third violation the person was
transporting a person under the | ||||||
21 | age of 16, is guilty of a Class 2 felony and shall
receive, in | ||||||
22 | addition to any other
penalty imposed, an additional mandatory | ||||||
23 | fine of $1,000, an additional
mandatory 140 hours of community | ||||||
24 | service, which shall include 40 hours in a
program benefiting | ||||||
25 | children, and a mandatory minimum 30 days of imprisonment.
The | ||||||
26 | imprisonment or assignment of community service under this |
| |||||||
| |||||||
1 | subsection (c-9)
is not subject to suspension, nor is the | ||||||
2 | person eligible for a reduced
sentence.
| ||||||
3 | (c-10) Any person convicted of violating subsection (c-9) | ||||||
4 | or a similar
provision a third time within 20 years of a | ||||||
5 | previous violation of subsection
(a) or a
similar provision is | ||||||
6 | guilty of a Class 2 felony and shall receive, in addition
to | ||||||
7 | any other penalty imposed, an additional mandatory 40 hours of | ||||||
8 | community
service in a program benefiting children, an | ||||||
9 | additional mandatory fine of
$3,000, and a mandatory minimum | ||||||
10 | 120 days of imprisonment. The imprisonment or
assignment of | ||||||
11 | community service under this subsection (c-10) is not subject | ||||||
12 | to
suspension, nor is the person eligible for a reduced | ||||||
13 | sentence.
| ||||||
14 | (c-11) Any person convicted a fourth time for violating
| ||||||
15 | subsection (a) or a similar provision, if at the time of the | ||||||
16 | fourth violation the person was transporting a person under the | ||||||
17 | age of 16,
and if the person's 3 prior violations of subsection | ||||||
18 | (a) or a similar provision
occurred while transporting a person | ||||||
19 | under the age of 16 or while the alcohol
concentration in his | ||||||
20 | or her blood, breath, or urine was 0.16 or more based
on the | ||||||
21 | definition of blood, breath, or urine units in Section | ||||||
22 | 11-501.2, is
guilty of a Class 2 felony, is not eligible for | ||||||
23 | probation or conditional
discharge, and is subject to a minimum | ||||||
24 | fine of $3,000.
| ||||||
25 | (c-12) Any person convicted of a first violation of | ||||||
26 | subsection (a) or a
similar provision, if the alcohol |
| |||||||
| |||||||
1 | concentration in his or her blood, breath, or
urine was 0.16 or | ||||||
2 | more based on the definition of blood, breath, or urine
units | ||||||
3 | in Section 11-501.2, shall be subject, in addition to any other | ||||||
4 | penalty
that may be imposed, to a mandatory minimum of 100 | ||||||
5 | hours of community service
and a mandatory minimum fine of | ||||||
6 | $500.
| ||||||
7 | (c-13) Any person convicted of a second violation of | ||||||
8 | subsection (a) or a similar provision committed within 10 years | ||||||
9 | of a previous violation of subsection (a) or a similar | ||||||
10 | provision committed within 10 years of a previous violation of | ||||||
11 | subsection (a) or a similar provision, if at the time of the | ||||||
12 | second violation of subsection (a) the
alcohol concentration in | ||||||
13 | his or her blood, breath, or urine was 0.16 or more
based on | ||||||
14 | the definition of blood, breath, or urine units in Section | ||||||
15 | 11-501.2,
shall be
subject, in addition to any other penalty | ||||||
16 | that may be imposed, to a mandatory
minimum of 2 days of | ||||||
17 | imprisonment and a mandatory minimum fine of $1,250.
| ||||||
18 | (c-14) Any person convicted of a third violation of | ||||||
19 | subsection (a) or a
similar provision within 20 years of a | ||||||
20 | previous violation of subsection (a) or
a
similar provision, if | ||||||
21 | at the time of the third violation of subsection (a) or a
| ||||||
22 | similar provision the alcohol concentration in his or her | ||||||
23 | blood, breath, or
urine was 0.16 or more based on the | ||||||
24 | definition of blood, breath, or urine units
in Section | ||||||
25 | 11-501.2, is guilty of a Class 2 felony and shall be subject, | ||||||
26 | in
addition to any other penalty that may be imposed, to a |
| |||||||
| |||||||
1 | mandatory minimum of
90 days of imprisonment and a mandatory | ||||||
2 | minimum fine of $2,500.
| ||||||
3 | (c-15) Any person convicted of a fourth
violation of
| ||||||
4 | subsection
(a) or a similar provision, if at the time of the | ||||||
5 | fourth
violation the alcohol concentration in his or her blood, | ||||||
6 | breath, or urine was
0.16 or more based on the definition of | ||||||
7 | blood, breath, or urine units in
Section 11-501.2, and if the | ||||||
8 | person's 3 prior violations of subsection (a) or a
similar | ||||||
9 | provision occurred while transporting a person under the age of | ||||||
10 | 16 or
while the alcohol concentration in his or her blood, | ||||||
11 | breath, or urine was 0.16
or more based on the definition of | ||||||
12 | blood, breath, or urine units in Section
11-501.2, is guilty of | ||||||
13 | a Class 2 felony and is not eligible for a sentence of
| ||||||
14 | probation or conditional discharge and is subject to a minimum | ||||||
15 | fine of
$2,500.
| ||||||
16 | (d) (1) Every person convicted of committing a violation of | ||||||
17 | this Section
shall be guilty of aggravated driving under | ||||||
18 | the influence of alcohol,
other drug or drugs, or | ||||||
19 | intoxicating compound or compounds, or any combination
| ||||||
20 | thereof if:
| ||||||
21 | (A) the person committed a violation of subsection | ||||||
22 | (a) or a similar
provision for the
third or subsequent | ||||||
23 | time;
| ||||||
24 | (B) the person committed a violation of subsection | ||||||
25 | (a)
while
driving a school bus with persons 18 years of | ||||||
26 | age or younger
on board;
|
| |||||||
| |||||||
1 | (C) the person in committing a violation of | ||||||
2 | subsection
(a) was
involved in a motor vehicle accident | ||||||
3 | that resulted in great bodily harm or
permanent | ||||||
4 | disability or disfigurement to another, when the | ||||||
5 | violation was
a proximate cause of the injuries;
| ||||||
6 | (D) the person committed a violation of subsection | ||||||
7 | (a)
for a
second time and has been previously convicted | ||||||
8 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
9 | or a similar provision of a law of another state | ||||||
10 | relating to reckless homicide in which the person was
| ||||||
11 | determined to have been under the influence of alcohol, | ||||||
12 | other drug or
drugs, or intoxicating compound or | ||||||
13 | compounds as an element of the offense or
the person | ||||||
14 | has previously been convicted
under subparagraph (C) | ||||||
15 | or subparagraph (F) of this paragraph (1);
| ||||||
16 | (E) the person, in committing a violation of | ||||||
17 | subsection (a) while
driving at any speed in a school | ||||||
18 | speed zone at a time when a speed limit of
20 miles per | ||||||
19 | hour was in effect under subsection (a) of Section | ||||||
20 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
21 | accident that resulted in bodily
harm, other than great | ||||||
22 | bodily harm or permanent disability or disfigurement,
| ||||||
23 | to another person, when the violation of subsection (a) | ||||||
24 | was a
proximate cause
of the bodily harm; or
| ||||||
25 | (F) the person, in committing a violation of | ||||||
26 | subsection (a), was
involved in a motor vehicle, |
| |||||||
| |||||||
1 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
2 | accident that resulted in
the death of another person, | ||||||
3 | when the violation of subsection
(a) was
a proximate | ||||||
4 | cause of the death.
| ||||||
5 | (2) Except as provided in this paragraph (2) and in | ||||||
6 | paragraphs (3) and (4) of subsection (c-1), a person | ||||||
7 | convicted of
aggravated driving under
the
influence of | ||||||
8 | alcohol, other drug or
drugs,
or intoxicating compound or | ||||||
9 | compounds, or any
combination thereof is guilty of a Class | ||||||
10 | 4 felony. For a violation of
subparagraph (C)
of
paragraph | ||||||
11 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
12 | a term
of imprisonment, shall be sentenced
to not less than
| ||||||
13 | one year nor more than 12 years.
Except as provided in | ||||||
14 | paragraph (4) of subsection (c-1), aggravated driving | ||||||
15 | under the influence of alcohol, other drug, or drugs, | ||||||
16 | intoxicating compounds or compounds, or any combination | ||||||
17 | thereof as defined in subparagraph (A) of paragraph (1) of | ||||||
18 | this subsection (d) is a Class 2 felony. Aggravated driving | ||||||
19 | under the influence of alcohol, other drug or drugs,
or | ||||||
20 | intoxicating compound or compounds, or any combination | ||||||
21 | thereof as
defined in subparagraph (F) of paragraph (1) of | ||||||
22 | this subsection (d) is
a Class 2 felony, for which the | ||||||
23 | defendant, if sentenced to a term of
imprisonment, shall be | ||||||
24 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
25 | years and not more
than 14 years if the violation resulted | ||||||
26 | in the death of one person; or
(B) a term of imprisonment |
| |||||||
| |||||||
1 | of not less than 6 years and not
more than 28 years if the | ||||||
2 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
3 | any prosecution under this subsection
(d), a certified copy | ||||||
4 | of the
driving abstract of the defendant shall be admitted | ||||||
5 | as proof of any prior
conviction.
Any person sentenced | ||||||
6 | under this subsection (d) who receives a term of
probation
| ||||||
7 | or conditional discharge must serve a minimum term of | ||||||
8 | either 480 hours of
community service or 10 days of | ||||||
9 | imprisonment as a condition of the probation or
conditional | ||||||
10 | discharge. This mandatory minimum term of imprisonment or
| ||||||
11 | assignment of community service may not be suspended or | ||||||
12 | reduced by the court.
| ||||||
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
| ||||||
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.
| ||||||
25 | (e-1) Any person who is found guilty of or pleads guilty to | ||||||
26 | violating this
Section, including any person receiving a |
| |||||||
| |||||||
1 | disposition of court supervision for
violating this Section, | ||||||
2 | may be required by the Court to attend a victim
impact panel | ||||||
3 | offered by, or under contract with, a County State's Attorney's
| ||||||
4 | office, a probation and court services department, Mothers | ||||||
5 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
6 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
7 | be paid from fees collected from the
offender or as may be | ||||||
8 | determined by the court.
| ||||||
9 | (f) Every person found guilty of violating this Section, | ||||||
10 | whose
operation of a motor vehicle while in violation of this | ||||||
11 | Section proximately
caused any incident resulting in an | ||||||
12 | appropriate emergency response, shall
be liable for the expense | ||||||
13 | of an emergency response as provided under
Section 5-5-3 of the | ||||||
14 | Unified Code of Corrections.
| ||||||
15 | (g) The Secretary of State shall revoke the driving | ||||||
16 | privileges of any
person convicted under this Section or a | ||||||
17 | similar provision of a local
ordinance.
| ||||||
18 | (h) (Blank).
| ||||||
19 | (i) The Secretary of State shall require the use of | ||||||
20 | ignition interlock
devices on all vehicles owned by an | ||||||
21 | individual who has been convicted of a
second
or subsequent | ||||||
22 | offense of this Section or a similar provision of a local
| ||||||
23 | ordinance. The Secretary shall establish by rule and regulation | ||||||
24 | the procedures
for certification and use of the interlock | ||||||
25 | system.
| ||||||
26 | (j) In addition to any other penalties and liabilities, a |
| |||||||
| |||||||
1 | person who is
found guilty of or pleads guilty to violating | ||||||
2 | subsection (a), including any
person placed on court | ||||||
3 | supervision for violating subsection (a), shall be fined
$500, | ||||||
4 | payable to the
circuit clerk, who shall distribute the money as | ||||||
5 | follows: 20% to the law enforcement agency
that made the arrest | ||||||
6 | and 80% shall be forwarded to the State Treasurer for deposit | ||||||
7 | into the General Revenue Fund. If the person has been | ||||||
8 | previously convicted of violating
subsection (a) or a similar | ||||||
9 | provision of a local
ordinance, the fine shall be
$1,000. In | ||||||
10 | the event that more than one agency is responsible
for the | ||||||
11 | arrest, the amount payable to law enforcement agencies shall be | ||||||
12 | shared equally. Any moneys received
by a law
enforcement agency | ||||||
13 | under this subsection (j) shall be used for enforcement and | ||||||
14 | prevention of driving while under the influence of alcohol, | ||||||
15 | other drug or drugs, intoxicating compound or compounds or any | ||||||
16 | combination thereof, as defined by this Section, including but | ||||||
17 | not limited to the purchase of law
enforcement equipment and | ||||||
18 | commodities that will assist in the prevention of alcohol | ||||||
19 | related
criminal violence throughout the State; police officer | ||||||
20 | training and education in areas related to alcohol related | ||||||
21 | crime, including but not limited to DUI training; and police | ||||||
22 | officer salaries, including but not limited to salaries for | ||||||
23 | hire back funding for safety checkpoints, saturation patrols, | ||||||
24 | and liquor store sting operations. Equipment and commodities | ||||||
25 | shall include, but are not limited
to, in-car video cameras, | ||||||
26 | radar and laser speed detection devices, and alcohol
breath |
| |||||||
| |||||||
1 | testers.
Any moneys received by the Department of State Police | ||||||
2 | under this subsection
(j) shall be deposited into the State | ||||||
3 | Police DUI Fund and shall be used for enforcement and | ||||||
4 | prevention of driving while under the influence of alcohol, | ||||||
5 | other drug or drugs, intoxicating compound or compounds or any | ||||||
6 | combination thereof, as defined by this Section, including but | ||||||
7 | not limited to the
purchase of law enforcement equipment and | ||||||
8 | commodities that will assist in the prevention of
alcohol | ||||||
9 | related criminal violence throughout the State; police officer | ||||||
10 | training and education in areas related to alcohol related | ||||||
11 | crime, including but not limited to DUI training; and police | ||||||
12 | officer salaries, including but not limited to salaries for | ||||||
13 | hire back funding for safety checkpoints, saturation patrols, | ||||||
14 | and liquor store sting operations.
| ||||||
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 for enforcement | ||||||
20 | and prevention of driving while under the influence of alcohol, | ||||||
21 | other drug or drugs, intoxicating compound or compounds or any | ||||||
22 | combination thereof, as defined by this Section, including but | ||||||
23 | not limited to the purchase of law enforcement equipment and | ||||||
24 | commodities to assist in the prevention of
alcohol related | ||||||
25 | criminal violence throughout the State; police officer | ||||||
26 | training and education in areas related to alcohol related |
| |||||||
| |||||||
1 | crime, including but not limited to DUI training; and police | ||||||
2 | officer salaries, including but not limited to salaries for | ||||||
3 | hire back funding for safety checkpoints, saturation patrols, | ||||||
4 | and liquor store sting operations.
| ||||||
5 | (l) Whenever an individual is sentenced for an offense | ||||||
6 | based upon an
arrest for a violation of subsection (a) or a | ||||||
7 | similar provision of a local
ordinance, and the professional | ||||||
8 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
9 | education, neither the treatment nor the education
shall be the | ||||||
10 | sole disposition and either or both may be imposed only in
| ||||||
11 | conjunction with another disposition. The court shall monitor | ||||||
12 | compliance with
any remedial education or treatment | ||||||
13 | recommendations contained in the
professional evaluation. | ||||||
14 | Programs conducting alcohol or other drug evaluation
or | ||||||
15 | remedial education must be licensed by the Department of Human | ||||||
16 | Services. If
the individual is not a resident of Illinois, | ||||||
17 | however, the court may accept an
alcohol or other drug | ||||||
18 | evaluation or remedial education program in the
individual's | ||||||
19 | state of residence. Programs providing treatment must be | ||||||
20 | licensed
under existing applicable alcoholism and drug | ||||||
21 | treatment licensure standards.
| ||||||
22 | (m) In addition to any other fine or penalty required by | ||||||
23 | law, an individual
convicted of a violation of subsection (a), | ||||||
24 | Section 5-7 of the Snowmobile
Registration and Safety Act, | ||||||
25 | Section 5-16 of the Boat Registration and Safety
Act, or a | ||||||
26 | similar provision, whose operation of a motor vehicle, |
| |||||||
| |||||||
1 | snowmobile, or
watercraft while in
violation of subsection (a), | ||||||
2 | Section 5-7 of the Snowmobile Registration and
Safety Act, | ||||||
3 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
4 | similar
provision proximately caused an incident resulting in | ||||||
5 | an appropriate emergency
response, shall be required to make | ||||||
6 | restitution to a public agency for the
costs of that emergency | ||||||
7 | response. The restitution may not exceed $1,000 per
public | ||||||
8 | agency for each emergency response. As used in this subsection | ||||||
9 | (m),
"emergency response" means any incident requiring a | ||||||
10 | response by a police
officer, a firefighter carried on the | ||||||
11 | rolls of a regularly constituted fire
department, or an | ||||||
12 | ambulance.
| ||||||
13 | (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||||||
14 | 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||||||
15 | 93-840, eff. 7-30-04; 94-116, eff. 1-1-06; 94-963, eff. | ||||||
16 | 6-28-06.)
| ||||||
17 | (Text of Section from P.A. 94-329 and 94-963) | ||||||
18 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
19 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
20 | combination thereof.
| ||||||
21 | (a) A person shall not drive or be in actual
physical | ||||||
22 | control of any vehicle within this State while:
| ||||||
23 | (1) the alcohol concentration in the person's blood or | ||||||
24 | breath is 0.08
or more based on the definition of blood and | ||||||
25 | breath units in Section 11-501.2;
|
| |||||||
| |||||||
1 | (2) under the influence of alcohol;
| ||||||
2 | (3) under the influence of any intoxicating compound or | ||||||
3 | combination of
intoxicating compounds to a degree that | ||||||
4 | renders the person incapable of
driving safely;
| ||||||
5 | (4) under the influence of any other drug or | ||||||
6 | combination of drugs to a
degree that renders the person | ||||||
7 | incapable of safely driving;
| ||||||
8 | (5) under the combined influence of alcohol, other drug | ||||||
9 | or drugs, or
intoxicating compound or compounds to a degree | ||||||
10 | that renders the person
incapable of safely driving; or
| ||||||
11 | (6) there is any amount of a drug, substance, or | ||||||
12 | compound in the
person's breath, blood, or urine resulting | ||||||
13 | from the unlawful use or consumption
of cannabis listed in | ||||||
14 | the Cannabis Control Act, a controlled substance listed
in | ||||||
15 | the Illinois Controlled Substances Act, or an intoxicating | ||||||
16 | compound listed
in the Use of Intoxicating Compounds Act.
| ||||||
17 | (b) The fact that any person charged with violating this | ||||||
18 | Section is or
has been legally entitled to use alcohol, other | ||||||
19 | drug or drugs, or
intoxicating compound or compounds, or any
| ||||||
20 | combination thereof, shall not constitute a defense against any | ||||||
21 | charge of
violating this Section.
| ||||||
22 | (b-1) With regard to penalties imposed under this Section:
| ||||||
23 | (1) Any reference to a prior violation of subsection | ||||||
24 | (a) or a similar
provision includes any violation of a | ||||||
25 | provision of a local ordinance or a
provision of a law of | ||||||
26 | another state that is similar to a violation of
subsection |
| |||||||
| |||||||
1 | (a) of this Section.
| ||||||
2 | (2) Any penalty imposed for driving with a license that | ||||||
3 | has been revoked
for a previous violation of subsection (a) | ||||||
4 | of this Section shall be in
addition to the penalty imposed | ||||||
5 | for any subsequent violation of subsection (a).
| ||||||
6 | (b-2) Except as otherwise provided in this Section, any | ||||||
7 | person convicted of
violating subsection (a) of this Section is | ||||||
8 | guilty of a Class A misdemeanor.
| ||||||
9 | (b-3) In addition to any other criminal or administrative | ||||||
10 | sanction for any
second conviction of violating subsection (a) | ||||||
11 | or a similar provision committed
within 5 years of a previous | ||||||
12 | violation of subsection (a) or a similar
provision, the | ||||||
13 | defendant shall be sentenced to a mandatory minimum of 5 days | ||||||
14 | of
imprisonment or assigned a mandatory minimum of 240 hours of | ||||||
15 | community service
as may be determined by the court.
| ||||||
16 | (b-4) In the case of a third or subsequent violation | ||||||
17 | committed within 5
years of a previous violation of subsection | ||||||
18 | (a) or a similar provision, in
addition to any other criminal | ||||||
19 | or administrative sanction, a mandatory minimum
term of either | ||||||
20 | 10 days of imprisonment or 480 hours of community service shall
| ||||||
21 | be imposed.
| ||||||
22 | (b-5) The imprisonment or assignment of community service | ||||||
23 | under subsections
(b-3) and (b-4) shall not be subject to | ||||||
24 | suspension, nor shall the person be
eligible for a reduced | ||||||
25 | sentence.
| ||||||
26 | (c) (Blank).
|
| |||||||
| |||||||
1 | (c-1) (1) A person who violates subsection (a)
during
a | ||||||
2 | period in which his
or her driving privileges are revoked | ||||||
3 | or suspended, where the revocation or
suspension was for a | ||||||
4 | violation of subsection (a), Section
11-501.1, paragraph | ||||||
5 | (b)
of Section 11-401, or for reckless homicide as defined | ||||||
6 | in Section 9-3 of
the Criminal Code of 1961 is guilty of | ||||||
7 | aggravated driving under the influence of alcohol, other | ||||||
8 | drug or drugs, intoxicating compound or compounds, or any | ||||||
9 | combination thereof and is guilty of a
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 aggravated | ||||||
17 | driving under the influence of alcohol, other drug or | ||||||
18 | drugs, intoxicating compound or compounds, or any | ||||||
19 | combination thereof and is guilty of
a Class 3 felony. | ||||||
20 | (2.1) A person who violates subsection (a) a third | ||||||
21 | time, if the third
violation occurs during a period in | ||||||
22 | which his or her driving privileges are
revoked or | ||||||
23 | suspended where the revocation or suspension was for a | ||||||
24 | violation of
subsection (a), Section 11-501.1, subsection | ||||||
25 | (b) of Section 11-401, or for
reckless homicide as defined | ||||||
26 | in Section
9-3 of the Criminal Code of 1961, is guilty of |
| |||||||
| |||||||
1 | aggravated driving under the influence of alcohol, other | ||||||
2 | drug or drugs, intoxicating compound or compounds, or any | ||||||
3 | combination thereof and is guilty of a Class 3 felony; and | ||||||
4 | if the
person receives a term of
probation or conditional | ||||||
5 | discharge, he or she shall be required to serve a
mandatory
| ||||||
6 | minimum of 10 days of imprisonment or shall be assigned a | ||||||
7 | mandatory minimum of
480 hours of community service, as may | ||||||
8 | be determined by the court, as a
condition of the probation | ||||||
9 | or conditional discharge. This mandatory minimum
term of | ||||||
10 | imprisonment or assignment of community service shall not | ||||||
11 | be suspended
or reduced by the court.
| ||||||
12 | (2.2) A person who violates subsection (a), if the
| ||||||
13 | violation occurs during a period in which his or her | ||||||
14 | driving privileges are
revoked or suspended where the | ||||||
15 | revocation or suspension was for a violation of
subsection | ||||||
16 | (a) or Section 11-501.1, is guilty of aggravated driving | ||||||
17 | under the influence of alcohol, other drug or drugs, | ||||||
18 | intoxicating compound or compounds, or any combination | ||||||
19 | thereof and shall also be sentenced to an additional
| ||||||
20 | mandatory minimum term of 30 consecutive days of | ||||||
21 | imprisonment, 40 days of
24-hour periodic imprisonment, or | ||||||
22 | 720 hours of community service, as may be
determined by the | ||||||
23 | court. This mandatory term of imprisonment or assignment of
| ||||||
24 | community service shall not be suspended or reduced by the | ||||||
25 | court.
| ||||||
26 | (3) A person who violates subsection (a) a fourth or
|
| |||||||
| |||||||
1 | subsequent time, if the fourth or subsequent violation | ||||||
2 | occurs
during a period in which his
or her driving | ||||||
3 | privileges are revoked or suspended where the revocation
or | ||||||
4 | suspension was for a violation of subsection (a),
Section | ||||||
5 | 11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||||||
6 | homicide as defined in
Section 9-3
of
the Criminal Code of | ||||||
7 | 1961, is guilty of aggravated driving under the influence | ||||||
8 | of alcohol, other drug or drugs, intoxicating compound or | ||||||
9 | compounds, or any combination thereof and is guilty of
a | ||||||
10 | Class 2 felony, and is not eligible for a sentence of | ||||||
11 | probation or
conditional discharge.
| ||||||
12 | (c-2) (Blank).
| ||||||
13 | (c-3) (Blank).
| ||||||
14 | (c-4) (Blank).
| ||||||
15 | (c-5) A person who violates subsection (a), if the person | ||||||
16 | was transporting
a person under the age of 16 at the time of | ||||||
17 | the violation, is subject to an
additional mandatory minimum | ||||||
18 | fine of $1,000, an additional mandatory minimum
140 hours of | ||||||
19 | community service, which shall include 40 hours of community
| ||||||
20 | service in a program benefiting children, and an additional 2 | ||||||
21 | days of
imprisonment. The imprisonment or assignment of | ||||||
22 | community service under this
subsection (c-5) is not subject to | ||||||
23 | suspension, nor is the person eligible for
a reduced sentence.
| ||||||
24 | (c-6) Except as provided in subsections (c-7) and (c-8) a | ||||||
25 | person who
violates
subsection (a) a second time, if at the | ||||||
26 | time of
the second violation the person was transporting a |
| |||||||
| |||||||
1 | person under the age of 16,
is subject to an additional 10 days | ||||||
2 | of imprisonment, an additional mandatory
minimum fine of | ||||||
3 | $1,000, and an additional mandatory minimum 140 hours of
| ||||||
4 | community service, which shall include 40 hours of community | ||||||
5 | service in a
program benefiting children.
The imprisonment or | ||||||
6 | assignment of community service under this subsection (c-6)
is | ||||||
7 | not subject to suspension, nor is the person eligible for a | ||||||
8 | reduced
sentence. If the person was transporting a passenger | ||||||
9 | under the age of 16 years at the time of the first violation | ||||||
10 | and at the time of the second violation, the person is guilty | ||||||
11 | of a Class 4 felony.
| ||||||
12 | (c-7) Except as provided in subsection (c-8), any person | ||||||
13 | convicted of
violating subsection (c-6) or a similar
provision | ||||||
14 | within 10 years of a previous violation of subsection (a) or a
| ||||||
15 | similar provision shall receive, in addition to any other | ||||||
16 | penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||||||
17 | additional 40 hours of mandatory
community service in a program | ||||||
18 | benefiting children, and a mandatory minimum
fine of $1,750. | ||||||
19 | The imprisonment or assignment of community service under this
| ||||||
20 | subsection (c-7) is not subject to suspension, nor is the | ||||||
21 | person
eligible for a reduced sentence. If the person was | ||||||
22 | transporting a passenger under the age of 16 years at the time | ||||||
23 | of the first violation and at the time of the second violation, | ||||||
24 | the person is guilty of a Class 4 felony.
| ||||||
25 | (c-8) Any person convicted of violating subsection (c-6) or | ||||||
26 | a similar
provision within 5 years of a previous violation of |
| |||||||
| |||||||
1 | subsection (a) or a similar
provision shall receive, in | ||||||
2 | addition to any other penalty imposed, an
additional 80 hours | ||||||
3 | of mandatory community service in a program benefiting
| ||||||
4 | children, an additional mandatory minimum 12 days of | ||||||
5 | imprisonment, and a
mandatory minimum fine of $1,750. The | ||||||
6 | imprisonment or assignment of community
service under this | ||||||
7 | subsection (c-8) is not subject to suspension, nor
is the
| ||||||
8 | person eligible for a reduced sentence. If the person was | ||||||
9 | transporting a passenger under the age of 16 years at the time | ||||||
10 | of the first violation and at the time of the second violation, | ||||||
11 | the person is guilty of a Class 4 felony.
| ||||||
12 | (c-9) Any person convicted a third time for violating | ||||||
13 | subsection (a) or a
similar provision, if at the time of the | ||||||
14 | third violation the person was
transporting a person under the | ||||||
15 | age of 16, is guilty of a Class 4 felony and shall
receive, in | ||||||
16 | addition to any other
penalty imposed, an additional mandatory | ||||||
17 | fine of $1,000, an additional
mandatory 140 hours of community | ||||||
18 | service, which shall include 40 hours in a
program benefiting | ||||||
19 | children, and a mandatory minimum 30 days of imprisonment.
The | ||||||
20 | imprisonment or assignment of community service under this | ||||||
21 | subsection (c-9)
is not subject to suspension, nor is the | ||||||
22 | person eligible for a reduced
sentence.
| ||||||
23 | (c-10) Any person convicted of violating subsection (c-9) | ||||||
24 | or a similar
provision a third time within 20 years of a | ||||||
25 | previous violation of subsection
(a) or a
similar provision is | ||||||
26 | guilty of a Class 4 felony and shall receive, in addition
to |
| |||||||
| |||||||
1 | any other penalty imposed, an additional mandatory 40 hours of | ||||||
2 | community
service in a program benefiting children, an | ||||||
3 | additional mandatory fine of
$3,000, and a mandatory minimum | ||||||
4 | 120 days of imprisonment. The imprisonment or
assignment of | ||||||
5 | community service under this subsection (c-10) is not subject | ||||||
6 | to
suspension, nor is the person eligible for a reduced | ||||||
7 | sentence.
| ||||||
8 | (c-11) Any person convicted a fourth or subsequent time for | ||||||
9 | violating
subsection (a) or a similar provision, if at the time | ||||||
10 | of the fourth or
subsequent violation the person was | ||||||
11 | transporting a person under the age of 16,
and if the person's | ||||||
12 | 3 prior violations of subsection (a) or a similar provision
| ||||||
13 | occurred while transporting a person under the age of 16 or | ||||||
14 | while the alcohol
concentration in his or her blood, breath, or | ||||||
15 | urine was 0.16 or more based
on the definition of blood, | ||||||
16 | breath, or urine units in Section 11-501.2, is
guilty of a | ||||||
17 | Class 2 felony, is not eligible for probation or conditional
| ||||||
18 | discharge, and is subject to a minimum fine of $3,000.
| ||||||
19 | (c-12) Any person convicted of a first violation of | ||||||
20 | subsection (a) or a
similar provision, if the alcohol | ||||||
21 | concentration in his or her blood, breath, or
urine was 0.16 or | ||||||
22 | more based on the definition of blood, breath, or urine
units | ||||||
23 | in Section 11-501.2, shall be subject, in addition to any other | ||||||
24 | penalty
that may be imposed, to a mandatory minimum of 100 | ||||||
25 | hours of community service
and a mandatory minimum fine of | ||||||
26 | $500.
|
| |||||||
| |||||||
1 | (c-13) Any person convicted of a second violation of | ||||||
2 | subsection (a) or a similar provision committed within 10 years | ||||||
3 | of a previous violation of subsection (a) or a similar | ||||||
4 | provision committed within 10 years of a previous violation of | ||||||
5 | subsection (a) or a similar provision, if at the time of the | ||||||
6 | second violation of subsection (a) the
alcohol concentration in | ||||||
7 | his or her blood, breath, or urine was 0.16 or more
based on | ||||||
8 | the definition of blood, breath, or urine units in Section | ||||||
9 | 11-501.2,
shall be
subject, in addition to any other penalty | ||||||
10 | that may be imposed, to a mandatory
minimum of 2 days of | ||||||
11 | imprisonment and a mandatory minimum fine of $1,250.
| ||||||
12 | (c-14) Any person convicted of a third violation of | ||||||
13 | subsection (a) or a
similar provision within 20 years of a | ||||||
14 | previous violation of subsection (a) or
a
similar provision, if | ||||||
15 | at the time of the third violation of subsection (a) or a
| ||||||
16 | similar provision the alcohol concentration in his or her | ||||||
17 | blood, breath, or
urine was 0.16 or more based on the | ||||||
18 | definition of blood, breath, or urine units
in Section | ||||||
19 | 11-501.2, is guilty of a Class 4 felony and shall be subject, | ||||||
20 | in
addition to any other penalty that may be imposed, to a | ||||||
21 | mandatory minimum of
90 days of imprisonment and a mandatory | ||||||
22 | minimum fine of $2,500.
| ||||||
23 | (c-15) Any person convicted of a fourth or subsequent | ||||||
24 | violation of
subsection
(a) or a similar provision, if at the | ||||||
25 | time of the fourth or subsequent
violation the alcohol | ||||||
26 | concentration in his or her blood, breath, or urine was
0.16 or |
| |||||||
| |||||||
1 | more based on the definition of blood, breath, or urine units | ||||||
2 | in
Section 11-501.2, and if the person's 3 prior violations of | ||||||
3 | subsection (a) or a
similar provision occurred while | ||||||
4 | transporting a person under the age of 16 or
while the alcohol | ||||||
5 | concentration in his or her blood, breath, or urine was 0.16
or | ||||||
6 | more based on the definition of blood, breath, or urine units | ||||||
7 | in Section
11-501.2, is guilty of a Class 2 felony and is not | ||||||
8 | eligible for a sentence of
probation or conditional discharge | ||||||
9 | and is subject to a minimum fine of
$2,500.
| ||||||
10 | (d) (1) Every person convicted of committing a violation of | ||||||
11 | this Section
shall be guilty of aggravated driving under | ||||||
12 | the influence of alcohol,
other drug or drugs, or | ||||||
13 | intoxicating compound or compounds, or any combination
| ||||||
14 | thereof if:
| ||||||
15 | (A) the person committed a violation of subsection | ||||||
16 | (a) or a similar
provision for the
third or subsequent | ||||||
17 | time;
| ||||||
18 | (B) the person committed a violation of subsection | ||||||
19 | (a)
while
driving a school bus with persons 18 years of | ||||||
20 | age or younger
on board;
| ||||||
21 | (C) the person in committing a violation of | ||||||
22 | subsection
(a) was
involved in a motor vehicle accident | ||||||
23 | that resulted in great bodily harm or
permanent | ||||||
24 | disability or disfigurement to another, when the | ||||||
25 | violation was
a proximate cause of the injuries;
| ||||||
26 | (D) the person committed a violation of subsection |
| |||||||
| |||||||
1 | (a)
for a
second time and has been previously convicted | ||||||
2 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
3 | or a similar provision of a law of another state | ||||||
4 | relating to reckless homicide in which the person was
| ||||||
5 | determined to have been under the influence of alcohol, | ||||||
6 | other drug or
drugs, or intoxicating compound or | ||||||
7 | compounds as an element of the offense or
the person | ||||||
8 | has previously been convicted
under subparagraph (C) | ||||||
9 | or subparagraph (F) of this paragraph (1);
| ||||||
10 | (E) the person, in committing a violation of | ||||||
11 | subsection (a) while
driving at any speed in a school | ||||||
12 | speed zone at a time when a speed limit of
20 miles per | ||||||
13 | hour was in effect under subsection (a) of Section | ||||||
14 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
15 | accident that resulted in bodily
harm, other than great | ||||||
16 | bodily harm or permanent disability or disfigurement,
| ||||||
17 | to another person, when the violation of subsection (a) | ||||||
18 | was a
proximate cause
of the bodily harm; or
| ||||||
19 | (F) the person, in committing a violation of | ||||||
20 | subsection (a), was
involved in a motor vehicle, | ||||||
21 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
22 | accident that resulted in
the death of another person, | ||||||
23 | when the violation of subsection
(a) was
a proximate | ||||||
24 | cause of the death;
| ||||||
25 | (G) the person committed the violation while he or | ||||||
26 | she did not possess a driver's license or permit or a |
| |||||||
| |||||||
1 | restricted driving permit or a judicial driving | ||||||
2 | permit; or
| ||||||
3 | (H) the person committed the violation while he or | ||||||
4 | she knew or should have known that the vehicle he or | ||||||
5 | she was driving was not covered by a liability | ||||||
6 | insurance policy.
| ||||||
7 | (2) Except as provided in this paragraph (2) and in | ||||||
8 | paragraphs (2), (2.1), and (3) of subsection (c-1), a | ||||||
9 | person convicted of
aggravated driving under
the
influence | ||||||
10 | of alcohol, other drug or
drugs,
or intoxicating compound | ||||||
11 | or compounds, or any
combination thereof is guilty of a | ||||||
12 | Class 4 felony. For a violation of
subparagraph (C)
of
| ||||||
13 | paragraph (1) of this subsection (d), the defendant, if | ||||||
14 | sentenced to a term
of imprisonment, shall be sentenced
to | ||||||
15 | not less than
one year nor more than 12 years.
Aggravated | ||||||
16 | driving under the influence of alcohol, other drug or | ||||||
17 | drugs,
or intoxicating compound or compounds, or any | ||||||
18 | combination thereof as
defined in subparagraph (F) of | ||||||
19 | paragraph (1) of this subsection (d) is
a Class 2 felony, | ||||||
20 | for which the defendant, if sentenced to a term of
| ||||||
21 | imprisonment, shall be sentenced to: (A) a
term of | ||||||
22 | imprisonment of not less than 3 years and not more
than 14 | ||||||
23 | years if the violation resulted in the death of one person; | ||||||
24 | or
(B) a term of imprisonment of not less than 6 years and | ||||||
25 | not
more than 28 years if the violation resulted in the | ||||||
26 | deaths of 2 or more
persons.
For any prosecution under this |
| |||||||
| |||||||
1 | subsection
(d), a certified copy of the
driving abstract of | ||||||
2 | the defendant shall be admitted as proof of any prior
| ||||||
3 | conviction.
Any person sentenced under this subsection (d) | ||||||
4 | who receives a term of
probation
or conditional discharge | ||||||
5 | must serve a minimum term of either 480 hours of
community | ||||||
6 | service or 10 days of imprisonment as a condition of the | ||||||
7 | probation or
conditional discharge. This mandatory minimum | ||||||
8 | term of imprisonment or
assignment of community service may | ||||||
9 | not be suspended or reduced by the court.
| ||||||
10 | (e) After a finding of guilt and prior to any final | ||||||
11 | sentencing, or an
order for supervision, for an offense based | ||||||
12 | upon an arrest for a
violation of this Section or a similar | ||||||
13 | provision of a local ordinance,
individuals shall be required | ||||||
14 | to undergo a professional evaluation to
determine if an | ||||||
15 | alcohol, drug, or intoxicating compound abuse problem exists
| ||||||
16 | and the
extent of the problem, and undergo the imposition of | ||||||
17 | treatment as appropriate.
Programs conducting these | ||||||
18 | evaluations shall be
licensed by the Department of Human | ||||||
19 | Services. The cost of any professional
evaluation shall be paid | ||||||
20 | for by the
individual
required to undergo the professional | ||||||
21 | evaluation.
| ||||||
22 | (e-1) Any person who is found guilty of or pleads guilty to | ||||||
23 | violating this
Section, including any person receiving a | ||||||
24 | disposition of court supervision for
violating this Section, | ||||||
25 | may be required by the Court to attend a victim
impact panel | ||||||
26 | offered by, or under contract with, a County State's Attorney's
|
| |||||||
| |||||||
1 | office, a probation and court services department, Mothers | ||||||
2 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
3 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
4 | be paid from fees collected from the
offender or as may be | ||||||
5 | determined by the court.
| ||||||
6 | (f) Every person found guilty of violating this Section, | ||||||
7 | whose
operation of a motor vehicle while in violation of this | ||||||
8 | Section proximately
caused any incident resulting in an | ||||||
9 | appropriate emergency response, shall
be liable for the expense | ||||||
10 | of an emergency response as provided under
Section 5-5-3 of the | ||||||
11 | Unified Code of Corrections.
| ||||||
12 | (g) The Secretary of State shall revoke the driving | ||||||
13 | privileges of any
person convicted under this Section or a | ||||||
14 | similar provision of a local
ordinance.
| ||||||
15 | (h) (Blank).
| ||||||
16 | (i) The Secretary of State shall require the use of | ||||||
17 | ignition interlock
devices on all vehicles owned by an | ||||||
18 | individual who has been convicted of a
second
or subsequent | ||||||
19 | offense of this Section or a similar provision of a local
| ||||||
20 | ordinance. The Secretary shall establish by rule and regulation | ||||||
21 | the procedures
for certification and use of the interlock | ||||||
22 | system.
| ||||||
23 | (j) In addition to any other penalties and liabilities, a | ||||||
24 | person who is
found guilty of or pleads guilty to violating | ||||||
25 | subsection (a), including any
person placed on court | ||||||
26 | supervision for violating subsection (a), shall be fined
$500, |
| |||||||
| |||||||
1 | payable to the
circuit clerk, who shall distribute the money as | ||||||
2 | follows: 20% to the law enforcement agency
that made the arrest | ||||||
3 | and 80% shall be forwarded to the State Treasurer for deposit | ||||||
4 | into the General Revenue Fund. If the person has been | ||||||
5 | previously convicted of violating
subsection (a) or a similar | ||||||
6 | provision of a local
ordinance, the fine shall be
$1,000. In | ||||||
7 | the event that more than one agency is responsible
for the | ||||||
8 | arrest, the amount payable to law enforcement agencies shall be | ||||||
9 | shared equally. Any moneys received
by a law
enforcement agency | ||||||
10 | under this subsection (j) shall be used for enforcement and | ||||||
11 | prevention of driving while under the influence of alcohol, | ||||||
12 | other drug or drugs, intoxicating compound or compounds or any | ||||||
13 | combination thereof, as defined by this Section, including but | ||||||
14 | not limited to the purchase of law
enforcement equipment and | ||||||
15 | commodities that will assist in the prevention of alcohol | ||||||
16 | related
criminal violence throughout the State; police officer | ||||||
17 | training and education in areas related to alcohol related | ||||||
18 | crime, including but not limited to DUI training; and police | ||||||
19 | officer salaries, including but not limited to salaries for | ||||||
20 | hire back funding for safety checkpoints, saturation patrols, | ||||||
21 | and liquor store sting operations. Equipment and commodities | ||||||
22 | shall include, but are not limited
to, in-car video cameras, | ||||||
23 | radar and laser speed detection devices, and alcohol
breath | ||||||
24 | testers.
Any moneys received by the Department of State Police | ||||||
25 | under this subsection
(j) shall be deposited into the State | ||||||
26 | Police DUI Fund and shall be used for enforcement and |
| |||||||
| |||||||
1 | prevention of driving while under the influence of alcohol, | ||||||
2 | other drug or drugs, intoxicating compound or compounds or any | ||||||
3 | combination thereof, as defined by this Section, including but | ||||||
4 | not limited to the
purchase of law enforcement equipment and | ||||||
5 | commodities that will assist in the prevention of
alcohol | ||||||
6 | related criminal violence throughout the State; police officer | ||||||
7 | training and education in areas related to alcohol related | ||||||
8 | crime, including but not limited to DUI training; and police | ||||||
9 | officer salaries, including but not limited to salaries for | ||||||
10 | hire back funding for safety checkpoints, saturation patrols, | ||||||
11 | and liquor store sting operations.
| ||||||
12 | (k) The Secretary of State Police DUI Fund is created as a | ||||||
13 | special
fund in the State treasury. All moneys received by the | ||||||
14 | Secretary of State
Police under subsection (j) of this Section | ||||||
15 | shall be deposited into the
Secretary of State Police DUI Fund | ||||||
16 | and, subject to appropriation, shall be
used for enforcement | ||||||
17 | and prevention of driving while under the influence of alcohol, | ||||||
18 | other drug or drugs, intoxicating compound or compounds or any | ||||||
19 | combination thereof, as defined by this Section, including but | ||||||
20 | not limited to the purchase of law enforcement equipment and | ||||||
21 | commodities to assist in the prevention of
alcohol related | ||||||
22 | criminal violence throughout the State; police officer | ||||||
23 | training and education in areas related to alcohol related | ||||||
24 | crime, including but not limited to DUI training; and police | ||||||
25 | officer salaries, including but not limited to salaries for | ||||||
26 | hire back funding for safety checkpoints, saturation patrols, |
| |||||||
| |||||||
1 | and liquor store sting operations.
| ||||||
2 | (l) Whenever an individual is sentenced for an offense | ||||||
3 | based upon an
arrest for a violation of subsection (a) or a | ||||||
4 | similar provision of a local
ordinance, and the professional | ||||||
5 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
6 | education, neither the treatment nor the education
shall be the | ||||||
7 | sole disposition and either or both may be imposed only in
| ||||||
8 | conjunction with another disposition. The court shall monitor | ||||||
9 | compliance with
any remedial education or treatment | ||||||
10 | recommendations contained in the
professional evaluation. | ||||||
11 | Programs conducting alcohol or other drug evaluation
or | ||||||
12 | remedial education must be licensed by the Department of Human | ||||||
13 | Services. If
the individual is not a resident of Illinois, | ||||||
14 | however, the court may accept an
alcohol or other drug | ||||||
15 | evaluation or remedial education program in the
individual's | ||||||
16 | state of residence. Programs providing treatment must be | ||||||
17 | licensed
under existing applicable alcoholism and drug | ||||||
18 | treatment licensure standards.
| ||||||
19 | (m) In addition to any other fine or penalty required by | ||||||
20 | law, an individual
convicted of a violation of subsection (a), | ||||||
21 | Section 5-7 of the Snowmobile
Registration and Safety Act, | ||||||
22 | Section 5-16 of the Boat Registration and Safety
Act, or a | ||||||
23 | similar provision, whose operation of a motor vehicle, | ||||||
24 | snowmobile, or
watercraft while in
violation of subsection (a), | ||||||
25 | Section 5-7 of the Snowmobile Registration and
Safety Act, | ||||||
26 | Section 5-16 of the Boat Registration and Safety Act, or a |
| |||||||
| |||||||
1 | similar
provision proximately caused an incident resulting in | ||||||
2 | an appropriate emergency
response, shall be required to make | ||||||
3 | restitution to a public agency for the
costs of that emergency | ||||||
4 | response. The restitution may not exceed $1,000 per
public | ||||||
5 | agency for each emergency response. As used in this subsection | ||||||
6 | (m),
"emergency response" means any incident requiring a | ||||||
7 | response by a police
officer, a firefighter carried on the | ||||||
8 | rolls of a regularly constituted fire
department, or an | ||||||
9 | ambulance.
| ||||||
10 | (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||||||
11 | 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||||||
12 | 93-840, eff. 7-30-04; 94-329, eff. 1-1-06; 94-963, eff. | ||||||
13 | 6-28-06.)
|