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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:
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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.
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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.
| ||||||
8 | (3) Except as provided in subdivision (c-5)(4), any | ||||||
9 | person convicted of
violating subdivision (c-5)(2) or a | ||||||
10 | similar
provision within 10 years of a previous violation | ||||||
11 | of subsection (a) or a
similar provision shall receive, in | ||||||
12 | addition to any other penalty imposed, a
mandatory minimum | ||||||
13 | 12 days imprisonment, an additional 40 hours of mandatory
| ||||||
14 | community service in a program benefiting children, and a | ||||||
15 | mandatory minimum
fine of $1,750. The imprisonment or | ||||||
16 | assignment of community service under this subdivision | ||||||
17 | (c-5)(3) is not subject to suspension, nor is the person
| ||||||
18 | eligible for a reduced sentence.
| ||||||
19 | (4) Any person convicted of violating subdivision | ||||||
20 | (c-5)(2) or a similar
provision within 5 years of a | ||||||
21 | previous violation of subsection (a) or a similar
provision | ||||||
22 | shall receive, in addition to any other penalty imposed, an
| ||||||
23 | additional 80 hours of mandatory community service in a | ||||||
24 | program benefiting
children, an additional mandatory | ||||||
25 | minimum 12 days of imprisonment, and a
mandatory minimum | ||||||
26 | fine of $1,750. The imprisonment or assignment of community
|
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| |||||||
1 | service under this subdivision (c-5)(4)
is not subject to | ||||||
2 | suspension, nor
is the
person eligible for a reduced | ||||||
3 | sentence.
| ||||||
4 | (5) Any person convicted a third time for violating | ||||||
5 | subsection (a) or a
similar provision, if at the time of | ||||||
6 | the third violation the person was
transporting a person | ||||||
7 | under the age of 16, is guilty of a Class 4 felony and | ||||||
8 | shall
receive, in addition to any other
penalty imposed, an | ||||||
9 | additional mandatory fine of $1,000, an additional
| ||||||
10 | mandatory 140 hours of community service, which shall | ||||||
11 | include 40 hours in a
program benefiting children, and a | ||||||
12 | mandatory minimum 30 days of imprisonment.
The | ||||||
13 | imprisonment or assignment of community service under this | ||||||
14 | subdivision (c-5)(5)
is not subject to suspension, nor is | ||||||
15 | the person eligible for a reduced
sentence.
| ||||||
16 | (6) Any person convicted of violating subdivision | ||||||
17 | (c-5)(5) or a similar
provision a third time within 20 | ||||||
18 | years of a previous violation of subsection
(a) or a
| ||||||
19 | similar provision is guilty of a Class 4 felony and shall | ||||||
20 | receive, in addition
to any other penalty imposed, an | ||||||
21 | additional mandatory 40 hours of community
service in a | ||||||
22 | program benefiting children, an additional mandatory fine | ||||||
23 | of
$3,000, and a mandatory minimum 120 days of | ||||||
24 | imprisonment. The imprisonment or
assignment of community | ||||||
25 | service under this subdivision (c-5)(6) is not subject to
| ||||||
26 | suspension, nor is the person eligible for a reduced |
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1 | sentence.
| ||||||
2 | (7) Any person convicted a fourth or subsequent time | ||||||
3 | for violating
subsection (a) or a similar provision, if at | ||||||
4 | the time of the fourth or
subsequent violation the person | ||||||
5 | was transporting a person under the age of 16,
and if the | ||||||
6 | person's 3 prior violations of subsection (a) or a
similar | ||||||
7 | provision
occurred while transporting a person under the | ||||||
8 | age of 16 or while the alcohol
concentration in his or her | ||||||
9 | blood, breath, or urine was 0.16 or more based
on the | ||||||
10 | definition of blood, breath, or urine units in Section | ||||||
11 | 11-501.2, is
guilty of a Class 2 felony, is not eligible | ||||||
12 | for probation or conditional
discharge, and is subject to a | ||||||
13 | minimum fine of $3,000.
| ||||||
14 | (c-6)(1) Any person convicted of a first violation of | ||||||
15 | subsection (a) or a
similar provision, if the alcohol | ||||||
16 | concentration in his or her blood, breath, or
urine was | ||||||
17 | 0.16 or more based on the definition of blood, breath, or | ||||||
18 | urine
units in Section 11-501.2, shall be subject, in | ||||||
19 | addition to any other penalty
that may be imposed, to a | ||||||
20 | mandatory minimum of 100 hours of community service
and a | ||||||
21 | mandatory minimum fine of $500.
| ||||||
22 | (2) Any person convicted of a second violation of | ||||||
23 | subsection (a) or a similar provision committed within 10 | ||||||
24 | years of a previous violation of subsection (a) or a | ||||||
25 | similar provision, if at the time of the second violation | ||||||
26 | of subsection (a) or a similar provision the
alcohol |
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| |||||||
1 | concentration in his or her blood, breath, or urine was | ||||||
2 | 0.16 or more
based on the definition of blood, breath, or | ||||||
3 | urine units in Section 11-501.2,
shall be
subject, in | ||||||
4 | addition to any other penalty that may be imposed, to a | ||||||
5 | mandatory
minimum of 2 days of imprisonment and a mandatory | ||||||
6 | minimum fine of $1,250.
| ||||||
7 | (3) Any person convicted of a third violation of | ||||||
8 | subsection (a) or a
similar provision within 20 years of a | ||||||
9 | previous violation of subsection (a) or
a
similar | ||||||
10 | provision, if at the time of the third violation of | ||||||
11 | subsection (a) or a
similar provision the alcohol | ||||||
12 | concentration in his or her blood, breath, or
urine was | ||||||
13 | 0.16 or more based on the definition of blood, breath, or | ||||||
14 | urine units
in Section 11-501.2, is guilty of a Class 4 | ||||||
15 | felony and shall be subject, in
addition to any other | ||||||
16 | penalty that may be imposed, to a mandatory minimum of
90 | ||||||
17 | days of imprisonment and a mandatory minimum fine of | ||||||
18 | $2,500.
| ||||||
19 | (4) Any person convicted of a fourth or subsequent | ||||||
20 | violation of
subsection
(a) or a similar provision, if at | ||||||
21 | the time of the fourth or subsequent
violation the alcohol | ||||||
22 | concentration in his or her blood, breath, or urine was
| ||||||
23 | 0.16 or more based on the definition of blood, breath, or | ||||||
24 | urine units in
Section 11-501.2, and if the person's 3 | ||||||
25 | prior violations of subsection (a) or a
similar provision | ||||||
26 | occurred while transporting a person under the age of 16 or
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1 | while the alcohol concentration in his or her blood, | ||||||
2 | breath, or urine was 0.16
or more based on the definition | ||||||
3 | of blood, breath, or urine units in Section
11-501.2, is | ||||||
4 | guilty of a Class 2 felony and is not eligible for a | ||||||
5 | sentence of
probation or conditional discharge and is | ||||||
6 | subject to a minimum fine of
$2,500.
| ||||||
7 | (d) (1) Every person convicted of committing a violation of | ||||||
8 | this Section
shall be guilty of aggravated driving under | ||||||
9 | the influence of alcohol,
other drug or drugs, or | ||||||
10 | intoxicating compound or compounds, or any combination
| ||||||
11 | thereof if:
| ||||||
12 | (A) the person committed a violation of subsection | ||||||
13 | (a) or a similar
provision for the
third or subsequent | ||||||
14 | time;
| ||||||
15 | (B) the person committed a violation of subsection | ||||||
16 | (a)
while
driving a school bus with persons 18 years of | ||||||
17 | age or younger
on board;
| ||||||
18 | (C) the person in committing a violation of | ||||||
19 | subsection
(a) was
involved in a motor vehicle accident | ||||||
20 | that resulted in great bodily harm or
permanent | ||||||
21 | disability or disfigurement to another, when the | ||||||
22 | violation was
a proximate cause of the injuries;
| ||||||
23 | (D) the person committed a violation of subsection | ||||||
24 | (a)
for a
second time and has been previously convicted | ||||||
25 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
26 | or a similar provision of a law of another state |
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| |||||||
1 | relating to reckless homicide in which the person was
| ||||||
2 | determined to have been under the influence of alcohol, | ||||||
3 | other drug or
drugs, or intoxicating compound or | ||||||
4 | compounds as an element of the offense or
the person | ||||||
5 | has previously been convicted
under subparagraph (C) | ||||||
6 | or subparagraph (F) of this paragraph (1);
| ||||||
7 | (E) the person, in committing a violation of | ||||||
8 | subsection (a) while
driving at any speed in a school | ||||||
9 | speed zone at a time when a speed limit of
20 miles per | ||||||
10 | hour was in effect under subsection (a) of Section | ||||||
11 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
12 | accident that resulted in bodily
harm, other than great | ||||||
13 | bodily harm or permanent disability or disfigurement,
| ||||||
14 | to another person, when the violation of subsection (a) | ||||||
15 | was a
proximate cause
of the bodily harm; or
| ||||||
16 | (F) the person, in committing a violation of | ||||||
17 | subsection (a), was
involved in a motor vehicle, | ||||||
18 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
19 | accident that resulted in
the death of another person, | ||||||
20 | when the violation of subsection
(a) was
a proximate | ||||||
21 | cause of the death.
| ||||||
22 | (2) Except as provided in this paragraph (2), a person | ||||||
23 | convicted of
aggravated driving under
the
influence of | ||||||
24 | alcohol, other drug or
drugs,
or intoxicating compound or | ||||||
25 | compounds, or any
combination thereof is guilty of a Class | ||||||
26 | 4 felony. For a violation of
subparagraph (C)
of
paragraph |
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| |||||||
1 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
2 | a term
of imprisonment, shall be sentenced
to not less than
| ||||||
3 | one year nor more than 12 years.
Aggravated driving under | ||||||
4 | the influence of alcohol, other drug or drugs,
or | ||||||
5 | intoxicating compound or compounds, or any combination | ||||||
6 | thereof as
defined in subparagraph (F) of paragraph (1) of | ||||||
7 | this subsection (d) is
a Class 2 felony, for which the | ||||||
8 | defendant, if sentenced to a term of
imprisonment, shall be | ||||||
9 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
10 | years and not more
than 14 years if the violation resulted | ||||||
11 | in the death of one person; or
(B) a term of imprisonment | ||||||
12 | of not less than 6 years and not
more than 28 years if the | ||||||
13 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
14 | any prosecution under this subsection
(d), a certified copy | ||||||
15 | of the
driving abstract of the defendant shall be admitted | ||||||
16 | as proof of any prior
conviction.
Any person sentenced | ||||||
17 | under this subsection (d) who receives a term of
probation
| ||||||
18 | or conditional discharge must serve a minimum term of | ||||||
19 | either 480 hours of
community service or 10 days of | ||||||
20 | imprisonment as a condition of the probation or
conditional | ||||||
21 | discharge. This mandatory minimum term of imprisonment or
| ||||||
22 | assignment of community service may not be suspended or | ||||||
23 | reduced by the court.
| ||||||
24 | (e) After a finding of guilt and prior to any final | ||||||
25 | sentencing, or an
order for supervision, for an offense based | ||||||
26 | upon an arrest for a
violation of this Section or a similar |
| |||||||
| |||||||
1 | provision of a local ordinance,
individuals shall be required | ||||||
2 | to undergo a professional evaluation to
determine if an | ||||||
3 | alcohol, drug, or intoxicating compound abuse problem exists
| ||||||
4 | and the
extent of the problem, and undergo the imposition of | ||||||
5 | treatment as appropriate.
Programs conducting these | ||||||
6 | evaluations shall be
licensed by the Department of Human | ||||||
7 | Services. The cost of any professional
evaluation shall be paid | ||||||
8 | for by the
individual
required to undergo the professional | ||||||
9 | evaluation.
| ||||||
10 | (e-1) Any person who is found guilty of or pleads guilty to | ||||||
11 | violating this
Section, including any person receiving a | ||||||
12 | disposition of court supervision for
violating this Section, | ||||||
13 | may be required by the Court to attend a victim
impact panel | ||||||
14 | offered by, or under contract with, a County State's Attorney's
| ||||||
15 | office, a probation and court services department, Mothers | ||||||
16 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
17 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
18 | be paid from fees collected from the
offender or as may be | ||||||
19 | determined by the court.
| ||||||
20 | (f) Every person found guilty of violating this Section, | ||||||
21 | whose
operation of a motor vehicle while in violation of this | ||||||
22 | Section proximately
caused any incident resulting in an | ||||||
23 | appropriate emergency response, shall
be liable for the expense | ||||||
24 | of an emergency response as provided in subsection (m) of this | ||||||
25 | Section
under
Section 5-5-3 of the Unified Code of Corrections .
| ||||||
26 | (g) The Secretary of State shall revoke the driving |
| |||||||
| |||||||
1 | privileges of any
person convicted under this Section or a | ||||||
2 | similar provision of a local
ordinance.
| ||||||
3 | (h) (Blank).
| ||||||
4 | (i) The Secretary of State shall require the use of | ||||||
5 | ignition interlock
devices on all vehicles owned by an | ||||||
6 | individual who has been convicted of a
second
or subsequent | ||||||
7 | offense of this Section or a similar provision of a local
| ||||||
8 | ordinance. The Secretary shall establish by rule and regulation | ||||||
9 | the procedures
for certification and use of the interlock | ||||||
10 | system.
| ||||||
11 | (j) In addition to any other penalties and liabilities, a | ||||||
12 | person who is
found guilty of or pleads guilty to violating | ||||||
13 | subsection (a), including any
person placed on court | ||||||
14 | supervision for violating subsection (a), shall be fined
$500, | ||||||
15 | payable to the
circuit clerk, who shall distribute the money as | ||||||
16 | follows: 20% to the law enforcement agency
that made the arrest | ||||||
17 | and 80% shall be forwarded to the State Treasurer for deposit | ||||||
18 | into the General Revenue Fund. If the person has been | ||||||
19 | previously convicted of violating
subsection (a) or a similar | ||||||
20 | provision of a local
ordinance, the fine shall be
$1,000. In | ||||||
21 | the event that more than one agency is responsible
for the | ||||||
22 | arrest, the amount payable to law enforcement agencies shall be | ||||||
23 | shared equally. Any moneys received
by a law
enforcement agency | ||||||
24 | under this subsection (j) shall be used for enforcement and | ||||||
25 | prevention of driving while under the influence of alcohol, | ||||||
26 | other drug or drugs, intoxicating compound or compounds or any |
| |||||||
| |||||||
1 | combination thereof, as defined by this Section, including but | ||||||
2 | not limited to the purchase of law
enforcement equipment and | ||||||
3 | commodities that will assist in the prevention of alcohol | ||||||
4 | related
criminal violence throughout the State; police officer | ||||||
5 | training and education in areas related to alcohol related | ||||||
6 | crime, including but not limited to DUI training; and police | ||||||
7 | officer salaries, including but not limited to salaries for | ||||||
8 | hire back funding for safety checkpoints, saturation patrols, | ||||||
9 | and liquor store sting operations. Equipment and commodities | ||||||
10 | shall include, but are not limited
to, in-car video cameras, | ||||||
11 | radar and laser speed detection devices, and alcohol
breath | ||||||
12 | testers.
Any moneys received by the Department of State Police | ||||||
13 | under this subsection
(j) shall be deposited into the State | ||||||
14 | Police DUI Fund and shall be used for enforcement and | ||||||
15 | prevention of driving while under the influence of alcohol, | ||||||
16 | other drug or drugs, intoxicating compound or compounds or any | ||||||
17 | combination thereof, as defined by this Section, including but | ||||||
18 | not limited to the
purchase of law enforcement equipment and | ||||||
19 | commodities that will assist in the prevention of
alcohol | ||||||
20 | related criminal violence throughout the State; police officer | ||||||
21 | training and education in areas related to alcohol related | ||||||
22 | crime, including but not limited to DUI training; and police | ||||||
23 | officer salaries, including but not limited to salaries for | ||||||
24 | hire back funding for safety checkpoints, saturation patrols, | ||||||
25 | and liquor store sting operations.
| ||||||
26 | (k) The Secretary of State Police DUI Fund is created as a |
| |||||||
| |||||||
1 | special
fund in the State treasury. All moneys received by the | ||||||
2 | Secretary of State
Police under subsection (j) of this Section | ||||||
3 | shall be deposited into the
Secretary of State Police DUI Fund | ||||||
4 | and, subject to appropriation, shall be
used for enforcement | ||||||
5 | and prevention of driving while under the influence of alcohol, | ||||||
6 | other drug or drugs, intoxicating compound or compounds or any | ||||||
7 | combination thereof, as defined by this Section, including but | ||||||
8 | not limited to the purchase of law enforcement equipment and | ||||||
9 | commodities to assist in the prevention of
alcohol related | ||||||
10 | criminal violence throughout the State; police officer | ||||||
11 | training and education in areas related to alcohol related | ||||||
12 | crime, including but not limited to DUI training; and police | ||||||
13 | officer salaries, including but not limited to salaries for | ||||||
14 | hire back funding for safety checkpoints, saturation patrols, | ||||||
15 | and liquor store sting operations.
| ||||||
16 | (l) Whenever an individual is sentenced for an offense | ||||||
17 | based upon an
arrest for a violation of subsection (a) or a | ||||||
18 | similar provision of a local
ordinance, and the professional | ||||||
19 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
20 | education, neither the treatment nor the education
shall be the | ||||||
21 | sole disposition and either or both may be imposed only in
| ||||||
22 | conjunction with another disposition. The court shall monitor | ||||||
23 | compliance with
any remedial education or treatment | ||||||
24 | recommendations contained in the
professional evaluation. | ||||||
25 | Programs conducting alcohol or other drug evaluation
or | ||||||
26 | remedial education must be licensed by the Department of Human |
| |||||||
| |||||||
1 | Services. If
the individual is not a resident of Illinois, | ||||||
2 | however, the court may accept an
alcohol or other drug | ||||||
3 | evaluation or remedial education program in the
individual's | ||||||
4 | state of residence. Programs providing treatment must be | ||||||
5 | licensed
under existing applicable alcoholism and drug | ||||||
6 | treatment licensure standards.
| ||||||
7 | (m) In addition to any other fine or penalty required by | ||||||
8 | law, an individual
convicted of a violation of subsection (a), | ||||||
9 | Section 5-7 of the Snowmobile
Registration and Safety Act, | ||||||
10 | Section 5-16 of the Boat Registration and Safety
Act, or a | ||||||
11 | similar provision, whose operation of a motor vehicle, | ||||||
12 | snowmobile, or
watercraft while in
violation of subsection (a), | ||||||
13 | Section 5-7 of the Snowmobile Registration and
Safety Act, | ||||||
14 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
15 | similar
provision proximately caused an incident resulting in | ||||||
16 | an appropriate emergency
response, shall be required to make | ||||||
17 | restitution to a public agency for the
costs of that emergency | ||||||
18 | response. The restitution may not exceed $1,000 per
public | ||||||
19 | agency for each emergency response. As used in this subsection | ||||||
20 | (m),
"emergency response" means any incident requiring a | ||||||
21 | response by a police
officer, a firefighter carried on the | ||||||
22 | rolls of a regularly constituted fire
department, or an | ||||||
23 | ambulance.
| ||||||
24 | (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||||||
25 | 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||||||
26 | 93-840, eff. 7-30-04; 93-1093, eff. 3-29-05; 94-963, eff. |
| |||||||
| |||||||
1 | 6-28-06.)
| ||||||
2 | (Text of Section from P.A. 94-110 and 94-963) | ||||||
3 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
4 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
5 | combination thereof.
| ||||||
6 | (a) A person shall not drive or be in actual
physical | ||||||
7 | control of any vehicle within this State while:
| ||||||
8 | (1) the alcohol concentration in the person's blood or | ||||||
9 | breath is 0.08
or more based on the definition of blood and | ||||||
10 | breath units in Section 11-501.2;
| ||||||
11 | (2) under the influence of alcohol;
| ||||||
12 | (3) under the influence of any intoxicating compound or | ||||||
13 | combination of
intoxicating compounds to a degree that | ||||||
14 | renders the person incapable of
driving safely;
| ||||||
15 | (4) under the influence of any other drug or | ||||||
16 | combination of drugs to a
degree that renders the person | ||||||
17 | incapable of safely driving;
| ||||||
18 | (5) under the combined influence of alcohol, other drug | ||||||
19 | or drugs, or
intoxicating compound or compounds to a degree | ||||||
20 | that renders the person
incapable of safely driving; or
| ||||||
21 | (6) there is any amount of a drug, substance, or | ||||||
22 | compound in the
person's breath, blood, or urine resulting | ||||||
23 | from the unlawful use or consumption
of cannabis listed in | ||||||
24 | the Cannabis Control Act, a controlled substance listed
in | ||||||
25 | the Illinois Controlled Substances Act, or an intoxicating |
| |||||||
| |||||||
1 | compound listed
in the Use of Intoxicating Compounds Act.
| ||||||
2 | (b) The fact that any person charged with violating this | ||||||
3 | Section is or
has been legally entitled to use alcohol, other | ||||||
4 | drug or drugs, or
intoxicating compound or compounds, or any
| ||||||
5 | combination thereof, shall not constitute a defense against any | ||||||
6 | charge of
violating this Section.
| ||||||
7 | (b-1) With regard to penalties imposed under this Section:
| ||||||
8 | (1) Any reference to a prior violation of subsection | ||||||
9 | (a) or a similar
provision includes any violation of a | ||||||
10 | provision of a local ordinance or a
provision of a law of | ||||||
11 | another state that is similar to a violation of
subsection | ||||||
12 | (a) of this Section.
| ||||||
13 | (2) Any penalty imposed for driving with a license that | ||||||
14 | has been revoked
for a previous violation of subsection (a) | ||||||
15 | of this Section shall be in
addition to the penalty imposed | ||||||
16 | for any subsequent violation of subsection (a).
| ||||||
17 | (b-2) Except as otherwise provided in this Section, any | ||||||
18 | person convicted of
violating subsection (a) of this Section is | ||||||
19 | guilty of a Class A misdemeanor.
| ||||||
20 | (b-3) In addition to any other criminal or administrative | ||||||
21 | sanction for any
second conviction of violating subsection (a) | ||||||
22 | or a similar provision committed
within 5 years of a previous | ||||||
23 | violation of subsection (a) or a similar
provision, the | ||||||
24 | defendant shall be sentenced to a mandatory minimum of 5 days | ||||||
25 | of
imprisonment or assigned a mandatory minimum of 240 hours of | ||||||
26 | community service
as may be determined by the court.
|
| |||||||
| |||||||
1 | (b-4) In the case of a third or subsequent violation | ||||||
2 | committed within 5
years of a previous violation of subsection | ||||||
3 | (a) or a similar provision, in
addition to any other criminal | ||||||
4 | or administrative sanction, a mandatory minimum
term of either | ||||||
5 | 10 days of imprisonment or 480 hours of community service shall
| ||||||
6 | be imposed.
| ||||||
7 | (b-5) The imprisonment or assignment of community service | ||||||
8 | under subsections
(b-3) and (b-4) shall not be subject to | ||||||
9 | suspension, nor shall the person be
eligible for a reduced | ||||||
10 | sentence.
| ||||||
11 | (c) (Blank).
| ||||||
12 | (c-1) (1) A person who violates subsection (a)
during
a | ||||||
13 | period in which his
or her driving privileges are revoked | ||||||
14 | or suspended, where the revocation or
suspension was for a | ||||||
15 | violation of subsection (a), Section
11-501.1, paragraph | ||||||
16 | (b)
of Section 11-401, or for reckless homicide as defined | ||||||
17 | in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| ||||||
18 | Class 4 felony.
| ||||||
19 | (2) A person who violates subsection (a) a third
time, | ||||||
20 | if the third violation occurs during a period in
which his | ||||||
21 | or her driving privileges are revoked or suspended where | ||||||
22 | the
revocation
or suspension was for a violation of | ||||||
23 | subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||||||
24 | 11-401, or for reckless homicide as defined in Section 9-3
| ||||||
25 | of the Criminal Code of 1961, is guilty of
a Class 3 | ||||||
26 | felony; and if the
person receives a term of
probation or |
| |||||||
| |||||||
1 | conditional discharge, he or she shall be required to serve | ||||||
2 | a
mandatory
minimum of 10 days of imprisonment or shall be | ||||||
3 | assigned a mandatory minimum of
480 hours of community | ||||||
4 | service, as may be determined by the court, as a
condition | ||||||
5 | of the probation or conditional discharge. This mandatory | ||||||
6 | minimum
term of imprisonment or assignment of community | ||||||
7 | service shall not be suspended
or reduced by the court.
| ||||||
8 | (2.2) A person who violates subsection (a), if the
| ||||||
9 | violation occurs during a period in which his or her | ||||||
10 | driving privileges are
revoked or suspended where the | ||||||
11 | revocation or suspension was for a violation of
subsection | ||||||
12 | (a) or Section 11-501.1, shall also be sentenced to an | ||||||
13 | additional
mandatory minimum term of 30 consecutive days of | ||||||
14 | imprisonment, 40 days of
24-hour periodic imprisonment, or | ||||||
15 | 720 hours of community service, as may be
determined by the | ||||||
16 | court. This mandatory term of imprisonment or assignment of
| ||||||
17 | community service shall not be suspended or reduced by the | ||||||
18 | court.
| ||||||
19 | (3) A person who violates subsection (a) a fourth or
| ||||||
20 | subsequent time, if the fourth or subsequent violation | ||||||
21 | occurs
during a period in which his
or her driving | ||||||
22 | privileges are revoked or suspended where the revocation
or | ||||||
23 | suspension was for a violation of subsection (a),
Section | ||||||
24 | 11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||||||
25 | homicide as defined in
Section 9-3
of
the Criminal Code of | ||||||
26 | 1961, is guilty of
a Class 2 felony and is not eligible for |
| |||||||
| |||||||
1 | a sentence of probation or
conditional discharge.
| ||||||
2 | (c-2) (Blank).
| ||||||
3 | (c-3) (Blank).
| ||||||
4 | (c-4) (Blank).
| ||||||
5 | (c-5) Except as provided in subsection (c-5.1), a person 21 | ||||||
6 | years of age or older who violates subsection (a), if the | ||||||
7 | person was transporting
a person under the age of 16 at the | ||||||
8 | time of the violation, is subject to 6 months of imprisonment, | ||||||
9 | an
additional mandatory minimum fine of $1,000, and 25 days of | ||||||
10 | community service in a program benefiting children. The | ||||||
11 | imprisonment or assignment of community service under this
| ||||||
12 | subsection (c-5) is not subject to suspension, nor is the | ||||||
13 | person eligible for
a reduced sentence.
| ||||||
14 | (c-5.1) A person 21 years of age or older who is convicted | ||||||
15 | of violating subsection (a) of this Section
a
first time and | ||||||
16 | who in committing that violation was involved in a motor | ||||||
17 | vehicle
accident that resulted in bodily harm to the child | ||||||
18 | under the age of 16 being
transported by the person, if the | ||||||
19 | violation was the proximate cause of the
injury, is guilty of a | ||||||
20 | Class 4 felony and is subject to one year of
imprisonment,
a | ||||||
21 | mandatory fine of $2,500, and 25 days of community service in a | ||||||
22 | program
benefiting children. The imprisonment or assignment to | ||||||
23 | community service under
this subsection (c-5.1) shall not be | ||||||
24 | subject to suspension, nor shall the person be
eligible for | ||||||
25 | probation in order to reduce the sentence or assignment.
| ||||||
26 | (c-6) Except as provided in subsections (c-7) and (c-7.1), |
| |||||||
| |||||||
1 | a person 21 years of age or older who
violates
subsection (a) a | ||||||
2 | second time, if at the time of
the second violation the person | ||||||
3 | was transporting a person under the age of 16,
is subject to 6 | ||||||
4 | months of imprisonment, an additional mandatory
minimum fine of | ||||||
5 | $1,000, and an additional mandatory minimum 140 hours of
| ||||||
6 | community service, which shall include 40 hours of community | ||||||
7 | service in a
program benefiting children.
The imprisonment or | ||||||
8 | assignment of community service under this subsection (c-6)
is | ||||||
9 | not subject to suspension, nor is the person eligible for a | ||||||
10 | reduced
sentence.
| ||||||
11 | (c-7) Except as provided in subsection (c-7.1), any person | ||||||
12 | 21 years of age or older convicted of
violating subsection | ||||||
13 | (c-6) or a similar
provision within 10 years of a previous | ||||||
14 | violation of subsection (a) or a
similar provision is guilty of | ||||||
15 | a Class 4 felony and, in addition to any other penalty imposed, | ||||||
16 | is subject to one year of
imprisonment, 25 days of mandatory
| ||||||
17 | community service in a program benefiting children, and a | ||||||
18 | mandatory
fine of $2,500. The imprisonment or assignment of | ||||||
19 | community service under this
subsection (c-7) is not subject to | ||||||
20 | suspension, nor is the person
eligible for a reduced sentence.
| ||||||
21 | (c-7.1) A person 21 years of age or older who is convicted | ||||||
22 | of violating subsection (a) of this Section
a
second time | ||||||
23 | within 10 years and who in committing that violation was | ||||||
24 | involved
in a motor vehicle accident that resulted in bodily | ||||||
25 | harm to the child under the
age of 16 being transported, if the | ||||||
26 | violation was the proximate cause of the
injury, is guilty of a |
| |||||||
| |||||||
1 | Class 4 felony and is subject to 18 months of
imprisonment, a
| ||||||
2 | mandatory fine of $5,000, and 25 days of community service in a | ||||||
3 | program
benefiting
children. The imprisonment or assignment to | ||||||
4 | community service under this
subsection
(c-7.1) shall not be | ||||||
5 | subject to suspension, nor shall the person be eligible for
| ||||||
6 | probation in order
to reduce the sentence or assignment.
| ||||||
7 | (c-8) (Blank).
| ||||||
8 | (c-9) Any person 21 years of age or older convicted a third | ||||||
9 | time for violating subsection (a) or a
similar provision, if at | ||||||
10 | the time of the third violation the person was
transporting a | ||||||
11 | person under the age of 16, is guilty of a Class 4 felony and is | ||||||
12 | subject to 18 months of imprisonment, a mandatory fine of | ||||||
13 | $2,500, and 25 days of community service in a
program | ||||||
14 | benefiting children.
The imprisonment or assignment of | ||||||
15 | community service under this subsection (c-9)
is not subject to | ||||||
16 | suspension, nor is the person eligible for a reduced
sentence.
| ||||||
17 | (c-10) Any person 21 years of age or older convicted of | ||||||
18 | violating subsection (c-9) or a similar
provision a third time | ||||||
19 | within 20 years of a previous violation of subsection
(a) or a
| ||||||
20 | similar provision is guilty of a Class 3 felony and, in | ||||||
21 | addition
to any other penalty imposed, is subject to 3 years of | ||||||
22 | imprisonment, 25 days of community
service in a program | ||||||
23 | benefiting children, and a mandatory fine of
$25,000. The | ||||||
24 | imprisonment or
assignment of community service under this | ||||||
25 | subsection (c-10) is not subject to
suspension, nor is the | ||||||
26 | person eligible for a reduced sentence.
|
| |||||||
| |||||||
1 | (c-11) Any person 21 years of age or older convicted a | ||||||
2 | fourth or subsequent time for violating
subsection (a) or a | ||||||
3 | similar provision, if at the time of the fourth or
subsequent | ||||||
4 | violation the person was transporting a person under the age of | ||||||
5 | 16,
and if the person's 3 prior violations of subsection (a) or | ||||||
6 | a similar provision
occurred while transporting a person under | ||||||
7 | the age of 16 or while the alcohol
concentration in his or her | ||||||
8 | blood, breath, or urine was 0.16 or more based
on the | ||||||
9 | definition of blood, breath, or urine units in Section | ||||||
10 | 11-501.2, is
guilty of a Class 2 felony, is not eligible for | ||||||
11 | probation or conditional
discharge, and is subject to a minimum | ||||||
12 | fine of $25,000.
| ||||||
13 | (c-12) Any person convicted of a first violation of | ||||||
14 | subsection (a) or a
similar provision, if the alcohol | ||||||
15 | concentration in his or her blood, breath, or
urine was 0.16 or | ||||||
16 | more based on the definition of blood, breath, or urine
units | ||||||
17 | in Section 11-501.2, shall be subject, in addition to any other | ||||||
18 | penalty
that may be imposed, to a mandatory minimum of 100 | ||||||
19 | hours of community service
and a mandatory minimum fine of | ||||||
20 | $500.
| ||||||
21 | (c-13) Any person convicted of a second violation of | ||||||
22 | subsection (a) or a similar provision committed within 10 years | ||||||
23 | of a previous violation of subsection (a) or a similar | ||||||
24 | provision, if at the time of the second violation of subsection | ||||||
25 | (a) or a similar provision the
alcohol concentration in his or | ||||||
26 | her blood, breath, or urine was 0.16 or more
based on the |
| |||||||
| |||||||
1 | definition of blood, breath, or urine units in Section | ||||||
2 | 11-501.2,
shall be
subject, in addition to any other penalty | ||||||
3 | that may be imposed, to a mandatory
minimum of 2 days of | ||||||
4 | imprisonment and a mandatory minimum fine of $1,250.
| ||||||
5 | (c-14) Any person convicted of a third violation of | ||||||
6 | subsection (a) or a
similar provision within 20 years of a | ||||||
7 | previous violation of subsection (a) or
a
similar provision, if | ||||||
8 | at the time of the third violation of subsection (a) or a
| ||||||
9 | similar provision the alcohol concentration in his or her | ||||||
10 | 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, is guilty of a Class 4 felony and shall be subject, | ||||||
13 | in
addition to any other penalty that may be imposed, to a | ||||||
14 | mandatory minimum of
90 days of imprisonment and a mandatory | ||||||
15 | minimum fine of $2,500.
| ||||||
16 | (c-15) Any person convicted of a fourth or subsequent | ||||||
17 | violation of
subsection
(a) or a similar provision, if at the | ||||||
18 | time of the fourth or subsequent
violation the alcohol | ||||||
19 | concentration in his or her blood, breath, or urine was
0.16 or | ||||||
20 | more based on the definition of blood, breath, or urine units | ||||||
21 | in
Section 11-501.2, and if the person's 3 prior violations of | ||||||
22 | subsection (a) or a
similar provision occurred while | ||||||
23 | transporting a person under the age of 16 or
while the alcohol | ||||||
24 | concentration in his or her blood, breath, or urine was 0.16
or | ||||||
25 | more based on the definition of blood, breath, or urine units | ||||||
26 | in Section
11-501.2, is guilty of a Class 2 felony and is not |
| |||||||
| |||||||
1 | eligible for a sentence of
probation or conditional discharge | ||||||
2 | and is subject to a minimum fine of
$2,500.
| ||||||
3 | (d) (1) Every person convicted of committing a violation of | ||||||
4 | this Section
shall be guilty of aggravated driving under | ||||||
5 | the influence of alcohol,
other drug or drugs, or | ||||||
6 | intoxicating compound or compounds, or any combination
| ||||||
7 | thereof if:
| ||||||
8 | (A) the person committed a violation of subsection | ||||||
9 | (a) or a similar
provision for the
third or subsequent | ||||||
10 | time;
| ||||||
11 | (B) the person committed a violation of subsection | ||||||
12 | (a)
while
driving a school bus with persons 18 years of | ||||||
13 | age or younger
on board;
| ||||||
14 | (C) the person in committing a violation of | ||||||
15 | subsection
(a) was
involved in a motor vehicle accident | ||||||
16 | that resulted in great bodily harm or
permanent | ||||||
17 | disability or disfigurement to another, when the | ||||||
18 | violation was
a proximate cause of the injuries;
| ||||||
19 | (D) the person committed a violation of subsection | ||||||
20 | (a)
for a
second time and has been previously convicted | ||||||
21 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
22 | or a similar provision of a law of another state | ||||||
23 | relating to reckless homicide in which the person was
| ||||||
24 | determined to have been under the influence of alcohol, | ||||||
25 | other drug or
drugs, or intoxicating compound or | ||||||
26 | compounds as an element of the offense or
the person |
| |||||||
| |||||||
1 | has previously been convicted
under subparagraph (C) | ||||||
2 | or subparagraph (F) of this paragraph (1);
| ||||||
3 | (E) the person, in committing a violation of | ||||||
4 | subsection (a) while
driving at any speed in a school | ||||||
5 | speed zone at a time when a speed limit of
20 miles per | ||||||
6 | hour was in effect under subsection (a) of Section | ||||||
7 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
8 | accident that resulted in bodily
harm, other than great | ||||||
9 | bodily harm or permanent disability or disfigurement,
| ||||||
10 | to another person, when the violation of subsection (a) | ||||||
11 | was a
proximate cause
of the bodily harm; or
| ||||||
12 | (F) the person, in committing a violation of | ||||||
13 | subsection (a), was
involved in a motor vehicle, | ||||||
14 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
15 | accident that resulted in
the death of another person, | ||||||
16 | when the violation of subsection
(a) was
a proximate | ||||||
17 | cause of the death.
| ||||||
18 | (2) Except as provided in this paragraph (2), a person | ||||||
19 | convicted of
aggravated driving under
the
influence of | ||||||
20 | alcohol, other drug or
drugs,
or intoxicating compound or | ||||||
21 | compounds, or any
combination thereof is guilty of a Class | ||||||
22 | 4 felony. For a violation of
subparagraph (C)
of
paragraph | ||||||
23 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
24 | a term
of imprisonment, shall be sentenced
to not less than
| ||||||
25 | one year nor more than 12 years.
Aggravated driving under | ||||||
26 | the influence of alcohol, other drug or drugs,
or |
| |||||||
| |||||||
1 | intoxicating compound or compounds, or any combination | ||||||
2 | thereof as
defined in subparagraph (F) of paragraph (1) of | ||||||
3 | this subsection (d) is
a Class 2 felony, for which the | ||||||
4 | defendant, if sentenced to a term of
imprisonment, shall be | ||||||
5 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
6 | years and not more
than 14 years if the violation resulted | ||||||
7 | in the death of one person; or
(B) a term of imprisonment | ||||||
8 | of not less than 6 years and not
more than 28 years if the | ||||||
9 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
10 | any prosecution under this subsection
(d), a certified copy | ||||||
11 | of the
driving abstract of the defendant shall be admitted | ||||||
12 | as proof of any prior
conviction.
Any person sentenced | ||||||
13 | under this subsection (d) who receives a term of
probation
| ||||||
14 | or conditional discharge must serve a minimum term of | ||||||
15 | either 480 hours of
community service or 10 days of | ||||||
16 | imprisonment as a condition of the probation or
conditional | ||||||
17 | discharge. This mandatory minimum term of imprisonment or
| ||||||
18 | assignment of community service may not be suspended or | ||||||
19 | reduced by the court.
| ||||||
20 | (e) After a finding of guilt and prior to any final | ||||||
21 | sentencing, or an
order for supervision, for an offense based | ||||||
22 | upon an arrest for a
violation of this Section or a similar | ||||||
23 | provision of a local ordinance,
individuals shall be required | ||||||
24 | to undergo a professional evaluation to
determine if an | ||||||
25 | alcohol, drug, or intoxicating compound abuse problem exists
| ||||||
26 | and the
extent of the problem, and undergo the imposition of |
| |||||||
| |||||||
1 | treatment as appropriate.
Programs conducting these | ||||||
2 | evaluations shall be
licensed by the Department of Human | ||||||
3 | Services. The cost of any professional
evaluation shall be paid | ||||||
4 | for by the
individual
required to undergo the professional | ||||||
5 | evaluation.
| ||||||
6 | (e-1) Any person who is found guilty of or pleads guilty to | ||||||
7 | violating this
Section, including any person receiving a | ||||||
8 | disposition of court supervision for
violating this Section, | ||||||
9 | may be required by the Court to attend a victim
impact panel | ||||||
10 | offered by, or under contract with, a County State's Attorney's
| ||||||
11 | office, a probation and court services department, Mothers | ||||||
12 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
13 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
14 | be paid from fees collected from the
offender or as may be | ||||||
15 | determined by the court.
| ||||||
16 | (f) Every person found guilty of violating this Section, | ||||||
17 | whose
operation of a motor vehicle while in violation of this | ||||||
18 | Section proximately
caused any incident resulting in an | ||||||
19 | appropriate emergency response, shall
be liable for the expense | ||||||
20 | of an emergency response as provided in subsection (m) of this | ||||||
21 | Section
under
Section 5-5-3 of the Unified Code of Corrections .
| ||||||
22 | (g) The Secretary of State shall revoke the driving | ||||||
23 | privileges of any
person convicted under this Section or a | ||||||
24 | similar provision of a local
ordinance.
| ||||||
25 | (h) (Blank).
| ||||||
26 | (i) The Secretary of State shall require the use of |
| |||||||
| |||||||
1 | ignition interlock
devices on all vehicles owned by an | ||||||
2 | individual who has been convicted of a
second
or subsequent | ||||||
3 | offense of this Section or a similar provision of a local
| ||||||
4 | ordinance. The Secretary shall establish by rule and regulation | ||||||
5 | the procedures
for certification and use of the interlock | ||||||
6 | system.
| ||||||
7 | (j) In addition to any other penalties and liabilities, a | ||||||
8 | person who is
found guilty of or pleads guilty to violating | ||||||
9 | subsection (a), including any
person placed on court | ||||||
10 | supervision for violating subsection (a), shall be fined
$500, | ||||||
11 | payable to the
circuit clerk, who shall distribute the money as | ||||||
12 | follows: 20% to the law enforcement agency
that made the arrest | ||||||
13 | and 80% shall be forwarded to the State Treasurer for deposit | ||||||
14 | into the General Revenue Fund. If the person has been | ||||||
15 | previously convicted of violating
subsection (a) or a similar | ||||||
16 | provision of a local
ordinance, the fine shall be
$1,000. In | ||||||
17 | the event that more than one agency is responsible
for the | ||||||
18 | arrest, the amount payable to law enforcement agencies shall be | ||||||
19 | shared equally. Any moneys received
by a law
enforcement agency | ||||||
20 | under this subsection (j) shall be used for enforcement and | ||||||
21 | prevention of driving while under the influence of alcohol, | ||||||
22 | other drug or drugs, intoxicating compound or compounds or any | ||||||
23 | combination thereof, as defined by this Section, including but | ||||||
24 | not limited to the purchase of law
enforcement equipment and | ||||||
25 | commodities that will assist in the prevention of alcohol | ||||||
26 | related
criminal violence throughout the State; police officer |
| |||||||
| |||||||
1 | training and education in areas related to alcohol related | ||||||
2 | crime, including but not limited to DUI training; and police | ||||||
3 | officer salaries, including but not limited to salaries for | ||||||
4 | hire back funding for safety checkpoints, saturation patrols, | ||||||
5 | and liquor store sting operations. Equipment and commodities | ||||||
6 | shall include, but are not limited
to, in-car video cameras, | ||||||
7 | radar and laser speed detection devices, and alcohol
breath | ||||||
8 | testers.
Any moneys received by the Department of State Police | ||||||
9 | under this subsection
(j) shall be deposited into the State | ||||||
10 | Police DUI Fund and 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.
| ||||||
22 | (k) The Secretary of State Police DUI Fund is created as a | ||||||
23 | special
fund in the State treasury. All moneys received by the | ||||||
24 | Secretary of State
Police under subsection (j) of this Section | ||||||
25 | shall be deposited into the
Secretary of State Police DUI Fund | ||||||
26 | and, subject to appropriation, shall be
used for enforcement |
| |||||||
| |||||||
1 | and 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 to assist in the prevention of
alcohol related | ||||||
6 | 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 | (l) Whenever an individual is sentenced for an offense | ||||||
13 | based upon an
arrest for a violation of subsection (a) or a | ||||||
14 | similar provision of a local
ordinance, and the professional | ||||||
15 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
16 | education, neither the treatment nor the education
shall be the | ||||||
17 | sole disposition and either or both may be imposed only in
| ||||||
18 | conjunction with another disposition. The court shall monitor | ||||||
19 | compliance with
any remedial education or treatment | ||||||
20 | recommendations contained in the
professional evaluation. | ||||||
21 | Programs conducting alcohol or other drug evaluation
or | ||||||
22 | remedial education must be licensed by the Department of Human | ||||||
23 | Services. If
the individual is not a resident of Illinois, | ||||||
24 | however, the court may accept an
alcohol or other drug | ||||||
25 | evaluation or remedial education program in the
individual's | ||||||
26 | state of residence. Programs providing treatment must be |
| |||||||
| |||||||
1 | licensed
under existing applicable alcoholism and drug | ||||||
2 | treatment licensure standards.
| ||||||
3 | (m) In addition to any other fine or penalty required by | ||||||
4 | law, an individual
convicted of a violation of subsection (a), | ||||||
5 | Section 5-7 of the Snowmobile
Registration and Safety Act, | ||||||
6 | Section 5-16 of the Boat Registration and Safety
Act, or a | ||||||
7 | similar provision, whose operation of a motor vehicle, | ||||||
8 | snowmobile, or
watercraft while in
violation of subsection (a), | ||||||
9 | Section 5-7 of the Snowmobile Registration and
Safety Act, | ||||||
10 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
11 | similar
provision proximately caused an incident resulting in | ||||||
12 | an appropriate emergency
response, shall be required to make | ||||||
13 | restitution to a public agency for the
costs of that emergency | ||||||
14 | response. The restitution may not exceed $1,000 per
public | ||||||
15 | agency for each emergency response. As used in this subsection | ||||||
16 | (m),
"emergency response" means any incident requiring a | ||||||
17 | response by a police
officer, a firefighter carried on the | ||||||
18 | rolls of a regularly constituted fire
department, or an | ||||||
19 | ambulance.
| ||||||
20 | (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||||||
21 | 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||||||
22 | 93-840, eff. 7-30-04; 94-110, eff. 1-1-06; 94-963, eff. | ||||||
23 | 6-28-06.)
| ||||||
24 | (Text of Section from P.A. 94-113, 94-609, and 94-963) | ||||||
25 | Sec. 11-501. Driving while under the influence of alcohol, |
| |||||||
| |||||||
1 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
2 | combination thereof.
| ||||||
3 | (a) A person shall not drive or be in actual
physical | ||||||
4 | control of any vehicle within this State while:
| ||||||
5 | (1) the alcohol concentration in the person's blood or | ||||||
6 | breath is 0.08
or more based on the definition of blood and | ||||||
7 | breath units in Section 11-501.2;
| ||||||
8 | (2) under the influence of alcohol;
| ||||||
9 | (3) under the influence of any intoxicating compound or | ||||||
10 | combination of
intoxicating compounds to a degree that | ||||||
11 | renders the person incapable of
driving safely;
| ||||||
12 | (4) under the influence of any other drug or | ||||||
13 | combination of drugs to a
degree that renders the person | ||||||
14 | incapable of safely driving;
| ||||||
15 | (5) under the combined influence of alcohol, other drug | ||||||
16 | or drugs, or
intoxicating compound or compounds to a degree | ||||||
17 | that renders the person
incapable of safely driving; or
| ||||||
18 | (6) there is any amount of a drug, substance, or | ||||||
19 | compound in the
person's breath, blood, or urine resulting | ||||||
20 | from the unlawful use or consumption
of cannabis listed in | ||||||
21 | the Cannabis Control Act, a controlled substance listed
in | ||||||
22 | the Illinois Controlled Substances Act, or an intoxicating | ||||||
23 | compound listed
in the Use of Intoxicating Compounds Act.
| ||||||
24 | (b) The fact that any person charged with violating this | ||||||
25 | Section is or
has been legally entitled to use alcohol, other | ||||||
26 | drug or drugs, or
intoxicating compound or compounds, or any
|
| |||||||
| |||||||
1 | combination thereof, shall not constitute a defense against any | ||||||
2 | charge of
violating this Section.
| ||||||
3 | (b-1) With regard to penalties imposed under this Section:
| ||||||
4 | (1) Any reference to a prior violation of subsection | ||||||
5 | (a) or a similar
provision includes any violation of a | ||||||
6 | provision of a local ordinance or a
provision of a law of | ||||||
7 | another state that is similar to a violation of
subsection | ||||||
8 | (a) of this Section.
| ||||||
9 | (2) Any penalty imposed for driving with a license that | ||||||
10 | has been revoked
for a previous violation of subsection (a) | ||||||
11 | of this Section shall be in
addition to the penalty imposed | ||||||
12 | for any subsequent violation of subsection (a).
| ||||||
13 | (b-2) Except as otherwise provided in this Section, any | ||||||
14 | person convicted of
violating subsection (a) of this Section is | ||||||
15 | guilty of a Class A misdemeanor.
| ||||||
16 | (b-3) In addition to any other criminal or administrative | ||||||
17 | sanction for any
second conviction of violating subsection (a) | ||||||
18 | or a similar provision committed
within 5 years of a previous | ||||||
19 | violation of subsection (a) or a similar
provision, the | ||||||
20 | defendant shall be sentenced to a mandatory minimum of 5 days | ||||||
21 | of
imprisonment or assigned a mandatory minimum of 240 hours of | ||||||
22 | community service
as may be determined by the court.
| ||||||
23 | (b-4) In the case of a third or subsequent violation | ||||||
24 | committed within 5
years of a previous violation of subsection | ||||||
25 | (a) or a similar provision, in
addition to any other criminal | ||||||
26 | or administrative sanction, a mandatory minimum
term of either |
| |||||||
| |||||||
1 | 10 days of imprisonment or 480 hours of community service shall
| ||||||
2 | be imposed.
| ||||||
3 | (b-5) The imprisonment or assignment of community service | ||||||
4 | under subsections
(b-3) and (b-4) shall not be subject to | ||||||
5 | suspension, nor shall the person be
eligible for a reduced | ||||||
6 | sentence.
| ||||||
7 | (c) (Blank).
| ||||||
8 | (c-1) (1) A person who violates subsection (a)
during
a | ||||||
9 | period in which his
or her driving privileges are revoked | ||||||
10 | or suspended, where the revocation or
suspension was for a | ||||||
11 | violation of subsection (a), Section
11-501.1, paragraph | ||||||
12 | (b)
of Section 11-401, or for reckless homicide as defined | ||||||
13 | in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| ||||||
14 | Class 4 felony.
| ||||||
15 | (2) A person who violates subsection (a) a third
time, | ||||||
16 | if the third violation occurs during a period in
which his | ||||||
17 | or her driving privileges are revoked or suspended where | ||||||
18 | the
revocation
or suspension was for a violation of | ||||||
19 | subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||||||
20 | 11-401, or for reckless homicide as defined in Section 9-3
| ||||||
21 | of the Criminal Code of 1961, is guilty of
a Class 3 | ||||||
22 | felony. | ||||||
23 | (2.1) A person who violates subsection (a) a third | ||||||
24 | time, if the third
violation occurs during a period in | ||||||
25 | which his or her driving privileges are
revoked or | ||||||
26 | suspended where the revocation or suspension was for a |
| |||||||
| |||||||
1 | violation of
subsection (a), Section 11-501.1, subsection | ||||||
2 | (b) of Section 11-401, or for
reckless homicide as defined | ||||||
3 | in Section
9-3 of the Criminal Code of 1961, is guilty of a | ||||||
4 | Class 3 felony; and if the
person receives a term of
| ||||||
5 | probation or conditional discharge, he or she shall be | ||||||
6 | required to serve a
mandatory
minimum of 10 days of | ||||||
7 | imprisonment or shall be assigned a mandatory minimum of
| ||||||
8 | 480 hours of community service, as may be determined by the | ||||||
9 | court, as a
condition of the probation or conditional | ||||||
10 | discharge. This mandatory minimum
term of imprisonment or | ||||||
11 | assignment of community service shall not be suspended
or | ||||||
12 | reduced by the court.
| ||||||
13 | (2.2) A person who violates subsection (a), if the
| ||||||
14 | violation occurs during a period in which his or her | ||||||
15 | driving privileges are
revoked or suspended where the | ||||||
16 | revocation or suspension was for a violation of
subsection | ||||||
17 | (a) or Section 11-501.1, shall also be sentenced to an | ||||||
18 | additional
mandatory minimum term of 30 consecutive days of | ||||||
19 | imprisonment, 40 days of
24-hour periodic imprisonment, or | ||||||
20 | 720 hours of community service, as may be
determined by the | ||||||
21 | court. This mandatory term of imprisonment or assignment of
| ||||||
22 | community service shall not be suspended or reduced by the | ||||||
23 | court.
| ||||||
24 | (3) A person who violates subsection (a) a fourth or
| ||||||
25 | subsequent time, if the fourth or subsequent violation | ||||||
26 | occurs
during a period in which his
or her driving |
| |||||||
| |||||||
1 | privileges are revoked or suspended where the revocation
or | ||||||
2 | suspension was for a violation of subsection (a),
Section | ||||||
3 | 11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||||||
4 | homicide as defined in
Section 9-3
of
the Criminal Code of | ||||||
5 | 1961, is guilty of
a Class 2 felony and is not eligible for | ||||||
6 | a sentence of probation or
conditional discharge.
| ||||||
7 | (c-2) (Blank).
| ||||||
8 | (c-3) (Blank).
| ||||||
9 | (c-4) (Blank).
| ||||||
10 | (c-5) A person who violates subsection (a), if the person | ||||||
11 | was transporting
a person under the age of 16 at the time of | ||||||
12 | the violation, is subject to an
additional mandatory minimum | ||||||
13 | fine of $1,000, an additional mandatory minimum
140 hours of | ||||||
14 | community service, which shall include 40 hours of community
| ||||||
15 | service in a program benefiting children, and an additional 2 | ||||||
16 | days of
imprisonment. The imprisonment or assignment of | ||||||
17 | community service under this
subsection (c-5) is not subject to | ||||||
18 | suspension, nor is the person eligible for
a reduced sentence.
| ||||||
19 | (c-6) Except as provided in subsections (c-7) and (c-8) a | ||||||
20 | person who
violates
subsection (a) a second time, if at the | ||||||
21 | time of
the second violation the person was transporting a | ||||||
22 | person under the age of 16,
is subject to an additional 10 days | ||||||
23 | of imprisonment, an additional mandatory
minimum fine of | ||||||
24 | $1,000, and an additional mandatory minimum 140 hours of
| ||||||
25 | community service, which shall include 40 hours of community | ||||||
26 | service in a
program benefiting children.
The imprisonment or |
| |||||||
| |||||||
1 | assignment of community service under this subsection (c-6)
is | ||||||
2 | not subject to suspension, nor is the person eligible for a | ||||||
3 | reduced
sentence.
| ||||||
4 | (c-7) Except as provided in subsection (c-8), any person | ||||||
5 | convicted of
violating subsection (c-6) or a similar
provision | ||||||
6 | within 10 years of a previous violation of subsection (a) or a
| ||||||
7 | similar provision shall receive, in addition to any other | ||||||
8 | penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||||||
9 | additional 40 hours of mandatory
community service in a program | ||||||
10 | benefiting children, and a mandatory minimum
fine of $1,750. | ||||||
11 | The imprisonment or assignment of community service under this
| ||||||
12 | subsection (c-7) is not subject to suspension, nor is the | ||||||
13 | person
eligible for a reduced sentence.
| ||||||
14 | (c-8) Any person convicted of violating subsection (c-6) or | ||||||
15 | a similar
provision within 5 years of a previous violation of | ||||||
16 | subsection (a) or a similar
provision shall receive, in | ||||||
17 | addition to any other penalty imposed, an
additional 80 hours | ||||||
18 | of mandatory community service in a program benefiting
| ||||||
19 | children, an additional mandatory minimum 12 days of | ||||||
20 | imprisonment, and a
mandatory minimum fine of $1,750. The | ||||||
21 | imprisonment or assignment of community
service under this | ||||||
22 | subsection (c-8) is not subject to suspension, nor
is the
| ||||||
23 | person eligible for a reduced sentence.
| ||||||
24 | (c-9) Any person convicted a third time for violating | ||||||
25 | subsection (a) or a
similar provision, if at the time of the | ||||||
26 | third violation the person was
transporting a person under the |
| |||||||
| |||||||
1 | age of 16, is guilty of a Class 4 felony and shall
receive, in | ||||||
2 | addition to any other
penalty imposed, an additional mandatory | ||||||
3 | fine of $1,000, an additional
mandatory 140 hours of community | ||||||
4 | service, which shall include 40 hours in a
program benefiting | ||||||
5 | children, and a mandatory minimum 30 days of imprisonment.
The | ||||||
6 | imprisonment or assignment of community service under this | ||||||
7 | subsection (c-9)
is not subject to suspension, nor is the | ||||||
8 | person eligible for a reduced
sentence.
| ||||||
9 | (c-10) Any person convicted of violating subsection (c-9) | ||||||
10 | or a similar
provision a third time within 20 years of a | ||||||
11 | previous violation of subsection
(a) or a
similar provision is | ||||||
12 | guilty of a Class 4 felony and shall receive, in addition
to | ||||||
13 | any other penalty imposed, an additional mandatory 40 hours of | ||||||
14 | community
service in a program benefiting children, an | ||||||
15 | additional mandatory fine of
$3,000, and a mandatory minimum | ||||||
16 | 120 days of imprisonment. The imprisonment or
assignment of | ||||||
17 | community service under this subsection (c-10) is not subject | ||||||
18 | to
suspension, nor is the person eligible for a reduced | ||||||
19 | sentence.
| ||||||
20 | (c-11) Any person convicted a fourth or subsequent time for | ||||||
21 | violating
subsection (a) or a similar provision, if at the time | ||||||
22 | of the fourth or
subsequent violation the person was | ||||||
23 | transporting a person under the age of 16,
and if the person's | ||||||
24 | 3 prior violations of subsection (a) or a similar provision
| ||||||
25 | occurred while transporting a person under the age of 16 or | ||||||
26 | while the alcohol
concentration in his or her blood, breath, or |
| |||||||
| |||||||
1 | urine was 0.16 or more based
on the definition of blood, | ||||||
2 | breath, or urine units in Section 11-501.2, is
guilty of a | ||||||
3 | Class 2 felony, is not eligible for probation or conditional
| ||||||
4 | discharge, and is subject to a minimum fine of $3,000.
| ||||||
5 | (c-12) Any person convicted of a first violation of | ||||||
6 | subsection (a) or a
similar provision, if 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, shall be subject, in addition to any other | ||||||
10 | penalty
that may be imposed, to a mandatory minimum of 100 | ||||||
11 | hours of community service
and a mandatory minimum fine of | ||||||
12 | $500.
| ||||||
13 | (c-13) Any person convicted of a second violation of | ||||||
14 | subsection (a) or a similar provision committed within 10 years | ||||||
15 | of a previous violation of subsection (a) or a similar | ||||||
16 | provision committed within 10 years of a previous violation of | ||||||
17 | subsection (a) or a similar provision, if at the time of the | ||||||
18 | second violation of subsection (a) the
alcohol concentration in | ||||||
19 | his or her blood, breath, or urine was 0.16 or more
based on | ||||||
20 | the definition of blood, breath, or urine units in Section | ||||||
21 | 11-501.2,
shall be
subject, in addition to any other penalty | ||||||
22 | that may be imposed, to a mandatory
minimum of 2 days of | ||||||
23 | imprisonment and a mandatory minimum fine of $1,250.
| ||||||
24 | (c-14) Any person convicted of a third violation of | ||||||
25 | subsection (a) or a
similar provision within 20 years of a | ||||||
26 | previous violation of subsection (a) or
a
similar provision, if |
| |||||||
| |||||||
1 | at the time of the third violation of subsection (a) or a
| ||||||
2 | similar provision the alcohol concentration in his or her | ||||||
3 | blood, breath, or
urine was 0.16 or more based on the | ||||||
4 | definition of blood, breath, or urine units
in Section | ||||||
5 | 11-501.2, is guilty of a Class 4 felony and shall be subject, | ||||||
6 | in
addition to any other penalty that may be imposed, to a | ||||||
7 | mandatory minimum of
90 days of imprisonment and a mandatory | ||||||
8 | minimum fine of $2,500.
| ||||||
9 | (c-15) Any person convicted of a fourth or subsequent | ||||||
10 | violation of
subsection
(a) or a similar provision, if at the | ||||||
11 | time of the fourth or subsequent
violation 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, and if the person's 3 prior violations of | ||||||
15 | subsection (a) or a
similar provision occurred while | ||||||
16 | transporting a person under the age of 16 or
while the alcohol | ||||||
17 | concentration in his or her blood, breath, or urine was 0.16
or | ||||||
18 | more based on the definition of blood, breath, or urine units | ||||||
19 | in Section
11-501.2, is guilty of a Class 2 felony and is not | ||||||
20 | eligible for a sentence of
probation or conditional discharge | ||||||
21 | and is subject to a minimum fine of
$2,500.
| ||||||
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, unless the court determines that extraordinary | ||||||
24 | circumstances exist and require probation, shall be | ||||||
25 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
26 | years and not more
than 14 years if the violation resulted |
| |||||||
| |||||||
1 | in the death of one person; or
(B) a term of imprisonment | ||||||
2 | of not less than 6 years and not
more than 28 years if the | ||||||
3 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
4 | any prosecution under this subsection
(d), a certified copy | ||||||
5 | of the
driving abstract of the defendant shall be admitted | ||||||
6 | as proof of any prior
conviction.
Any person sentenced | ||||||
7 | under this subsection (d) who receives a term of
probation
| ||||||
8 | or conditional discharge must serve a minimum term of | ||||||
9 | either 480 hours of
community service or 10 days of | ||||||
10 | imprisonment as a condition of the probation or
conditional | ||||||
11 | discharge. This mandatory minimum term of imprisonment or
| ||||||
12 | assignment of community service may not be suspended or | ||||||
13 | reduced by the court.
| ||||||
14 | (e) After a finding of guilt and prior to any final | ||||||
15 | sentencing, or an
order for supervision, for an offense based | ||||||
16 | upon an arrest for a
violation of this Section or a similar | ||||||
17 | provision of a local ordinance,
individuals shall be required | ||||||
18 | to undergo a professional evaluation to
determine if an | ||||||
19 | alcohol, drug, or intoxicating compound abuse problem exists
| ||||||
20 | and the
extent of the problem, and undergo the imposition of | ||||||
21 | treatment as appropriate.
Programs conducting these | ||||||
22 | evaluations shall be
licensed by the Department of Human | ||||||
23 | Services. The cost of any professional
evaluation shall be paid | ||||||
24 | for by the
individual
required to undergo the professional | ||||||
25 | evaluation.
| ||||||
26 | (e-1) Any person who is found guilty of or pleads guilty to |
| |||||||
| |||||||
1 | violating this
Section, including any person receiving a | ||||||
2 | disposition of court supervision for
violating this Section, | ||||||
3 | may be required by the Court to attend a victim
impact panel | ||||||
4 | offered by, or under contract with, a County State's Attorney's
| ||||||
5 | office, a probation and court services department, Mothers | ||||||
6 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
7 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
8 | be paid from fees collected from the
offender or as may be | ||||||
9 | determined by the court.
| ||||||
10 | (f) Every person found guilty of violating this Section, | ||||||
11 | whose
operation of a motor vehicle while in violation of this | ||||||
12 | Section proximately
caused any incident resulting in an | ||||||
13 | appropriate emergency response, shall
be liable for the expense | ||||||
14 | of an emergency response as provided in subsection (m) of this | ||||||
15 | Section
under
Section 5-5-3 of the Unified Code of Corrections .
| ||||||
16 | (g) The Secretary of State shall revoke the driving | ||||||
17 | privileges of any
person convicted under this Section or a | ||||||
18 | similar provision of a local
ordinance.
| ||||||
19 | (h) (Blank).
| ||||||
20 | (i) The Secretary of State shall require the use of | ||||||
21 | ignition interlock
devices on all vehicles owned by an | ||||||
22 | individual who has been convicted of a
second
or subsequent | ||||||
23 | offense of this Section or a similar provision of a local
| ||||||
24 | ordinance. The Secretary shall establish by rule and regulation | ||||||
25 | the procedures
for certification and use of the interlock | ||||||
26 | system.
|
| |||||||
| |||||||
1 | (j) In addition to any other penalties and liabilities, a | ||||||
2 | person who is
found guilty of or pleads guilty to violating | ||||||
3 | subsection (a), including any
person placed on court | ||||||
4 | supervision for violating subsection (a), shall be fined
$500, | ||||||
5 | payable to the
circuit clerk, who shall distribute the money as | ||||||
6 | follows: 20% to the law enforcement agency
that made the arrest | ||||||
7 | and 80% shall be forwarded to the State Treasurer for deposit | ||||||
8 | into the General Revenue Fund. If the person has been | ||||||
9 | previously convicted of violating
subsection (a) or a similar | ||||||
10 | provision of a local
ordinance, the fine shall be
$1,000. In | ||||||
11 | the event that more than one agency is responsible
for the | ||||||
12 | arrest, the amount payable to law enforcement agencies shall be | ||||||
13 | shared equally. Any moneys received
by a law
enforcement agency | ||||||
14 | under this subsection (j) shall be used for enforcement and | ||||||
15 | prevention of driving while under the influence of alcohol, | ||||||
16 | other drug or drugs, intoxicating compound or compounds or any | ||||||
17 | combination thereof, as defined by this Section, including but | ||||||
18 | not limited to the purchase of law
enforcement equipment and | ||||||
19 | commodities that will assist in the prevention of alcohol | ||||||
20 | related
criminal violence throughout the State; police officer | ||||||
21 | training and education in areas related to alcohol related | ||||||
22 | crime, including but not limited to DUI training; and police | ||||||
23 | officer salaries, including but not limited to salaries for | ||||||
24 | hire back funding for safety checkpoints, saturation patrols, | ||||||
25 | and liquor store sting operations. Equipment and commodities | ||||||
26 | shall include, but are not limited
to, in-car video cameras, |
| |||||||
| |||||||
1 | radar and laser speed detection devices, and alcohol
breath | ||||||
2 | testers.
Any moneys received by the Department of State Police | ||||||
3 | under this subsection
(j) shall be deposited into the State | ||||||
4 | Police DUI Fund and shall be used for enforcement and | ||||||
5 | prevention of driving while under the influence of alcohol, | ||||||
6 | other drug or drugs, intoxicating compound or compounds or any | ||||||
7 | combination thereof, as defined by this Section, including but | ||||||
8 | not limited to the
purchase of law enforcement equipment and | ||||||
9 | commodities that will assist in the prevention of
alcohol | ||||||
10 | related criminal violence throughout the State; police officer | ||||||
11 | training and education in areas related to alcohol related | ||||||
12 | crime, including but not limited to DUI training; and police | ||||||
13 | officer salaries, including but not limited to salaries for | ||||||
14 | hire back funding for safety checkpoints, saturation patrols, | ||||||
15 | and liquor store sting operations.
| ||||||
16 | (k) The Secretary of State Police DUI Fund is created as a | ||||||
17 | special
fund in the State treasury. All moneys received by the | ||||||
18 | Secretary of State
Police under subsection (j) of this Section | ||||||
19 | shall be deposited into the
Secretary of State Police DUI Fund | ||||||
20 | and, subject to appropriation, shall be
used for enforcement | ||||||
21 | and prevention of driving while under the influence of alcohol, | ||||||
22 | other drug or drugs, intoxicating compound or compounds or any | ||||||
23 | combination thereof, as defined by this Section, including but | ||||||
24 | not limited to the purchase of law enforcement equipment and | ||||||
25 | commodities to assist in the prevention of
alcohol related | ||||||
26 | criminal violence throughout the State; police officer |
| |||||||
| |||||||
1 | training and education in areas related to alcohol related | ||||||
2 | crime, including but not limited to DUI training; and police | ||||||
3 | officer salaries, including but not limited to salaries for | ||||||
4 | hire back funding for safety checkpoints, saturation patrols, | ||||||
5 | and liquor store sting operations.
| ||||||
6 | (l) Whenever an individual is sentenced for an offense | ||||||
7 | based upon an
arrest for a violation of subsection (a) or a | ||||||
8 | similar provision of a local
ordinance, and the professional | ||||||
9 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
10 | education, neither the treatment nor the education
shall be the | ||||||
11 | sole disposition and either or both may be imposed only in
| ||||||
12 | conjunction with another disposition. The court shall monitor | ||||||
13 | compliance with
any remedial education or treatment | ||||||
14 | recommendations contained in the
professional evaluation. | ||||||
15 | Programs conducting alcohol or other drug evaluation
or | ||||||
16 | remedial education must be licensed by the Department of Human | ||||||
17 | Services. If
the individual is not a resident of Illinois, | ||||||
18 | however, the court may accept an
alcohol or other drug | ||||||
19 | evaluation or remedial education program in the
individual's | ||||||
20 | state of residence. Programs providing treatment must be | ||||||
21 | licensed
under existing applicable alcoholism and drug | ||||||
22 | treatment licensure standards.
| ||||||
23 | (m) In addition to any other fine or penalty required by | ||||||
24 | law, an individual
convicted of a 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, whose operation of a motor vehicle, | ||||||
2 | snowmobile, or
watercraft while in
violation of subsection (a), | ||||||
3 | Section 5-7 of the Snowmobile Registration and
Safety Act, | ||||||
4 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
5 | similar
provision proximately caused an incident resulting in | ||||||
6 | an appropriate emergency
response, shall be required to make | ||||||
7 | restitution to a public agency for the
costs of that emergency | ||||||
8 | response. The restitution may not exceed $1,000 per
public | ||||||
9 | agency for each emergency response. As used in this subsection | ||||||
10 | (m),
"emergency response" means any incident requiring a | ||||||
11 | response by a police
officer, a firefighter carried on the | ||||||
12 | rolls of a regularly constituted fire
department, or an | ||||||
13 | ambulance.
| ||||||
14 | (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||||||
15 | 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||||||
16 | 93-840, eff. 7-30-04; 94-113, eff. 1-1-06; 94-609, eff. 1-1-06; | ||||||
17 | 94-963, eff. 6-28-06.)
| ||||||
18 | (Text of Section from P.A. 94-114 and 94-963) | ||||||
19 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
20 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
21 | combination thereof.
| ||||||
22 | (a) A person shall not drive or be in actual
physical | ||||||
23 | control of any vehicle within this State while:
| ||||||
24 | (1) the alcohol concentration in the person's blood or | ||||||
25 | breath is 0.08
or more based on the definition of blood and |
| |||||||
| |||||||
1 | breath units in Section 11-501.2;
| ||||||
2 | (2) under the influence of alcohol;
| ||||||
3 | (3) under the influence of any intoxicating compound or | ||||||
4 | combination of
intoxicating compounds to a degree that | ||||||
5 | renders the person incapable of
driving safely;
| ||||||
6 | (4) under the influence of any other drug or | ||||||
7 | combination of drugs to a
degree that renders the person | ||||||
8 | incapable of safely driving;
| ||||||
9 | (5) under the combined influence of alcohol, other drug | ||||||
10 | or drugs, or
intoxicating compound or compounds to a degree | ||||||
11 | that renders the person
incapable of safely driving; or
| ||||||
12 | (6) there is any amount of a drug, substance, or | ||||||
13 | compound in the
person's breath, blood, or urine resulting | ||||||
14 | from the unlawful use or consumption
of cannabis listed in | ||||||
15 | the Cannabis Control Act, a controlled substance listed
in | ||||||
16 | the Illinois Controlled Substances Act, or an intoxicating | ||||||
17 | compound listed
in the Use of Intoxicating Compounds Act.
| ||||||
18 | (b) The fact that any person charged with violating this | ||||||
19 | Section is or
has been legally entitled to use alcohol, other | ||||||
20 | drug or drugs, or
intoxicating compound or compounds, or any
| ||||||
21 | combination thereof, shall not constitute a defense against any | ||||||
22 | charge of
violating this Section.
| ||||||
23 | (b-1) With regard to penalties imposed under this Section:
| ||||||
24 | (1) Any reference to a prior violation of subsection | ||||||
25 | (a) or a similar
provision includes any violation of a | ||||||
26 | provision of a local ordinance or a
provision of a law of |
| |||||||
| |||||||
1 | another state that is similar to a violation of
subsection | ||||||
2 | (a) of this Section.
| ||||||
3 | (2) Any penalty imposed for driving with a license that | ||||||
4 | has been revoked
for a previous violation of subsection (a) | ||||||
5 | of this Section shall be in
addition to the penalty imposed | ||||||
6 | for any subsequent violation of subsection (a).
| ||||||
7 | (b-2) Except as otherwise provided in this Section, any | ||||||
8 | person convicted of
violating subsection (a) of this Section is | ||||||
9 | guilty of a Class A misdemeanor.
| ||||||
10 | (b-3) In addition to any other criminal or administrative | ||||||
11 | sanction for any
second conviction of violating subsection (a) | ||||||
12 | or a similar provision committed
within 5 years of a previous | ||||||
13 | violation of subsection (a) or a similar
provision, the | ||||||
14 | defendant shall be sentenced to a mandatory minimum of 5 days | ||||||
15 | of
imprisonment or assigned a mandatory minimum of 240 hours of | ||||||
16 | community service
as may be determined by the court.
| ||||||
17 | (b-4) In the case of a third or subsequent violation | ||||||
18 | committed within 5
years of a previous violation of subsection | ||||||
19 | (a) or a similar provision, in
addition to any other criminal | ||||||
20 | or administrative sanction, a mandatory minimum
term of either | ||||||
21 | 10 days of imprisonment or 480 hours of community service shall
| ||||||
22 | be imposed.
| ||||||
23 | (b-5) The imprisonment or assignment of community service | ||||||
24 | under subsections
(b-3) and (b-4) shall not be subject to | ||||||
25 | suspension, nor shall the person be
eligible for a reduced | ||||||
26 | sentence.
|
| |||||||
| |||||||
1 | (c) (Blank).
| ||||||
2 | (c-1) (1) A person who violates subsection (a)
during
a | ||||||
3 | period in which his
or her driving privileges are revoked | ||||||
4 | or suspended, where the revocation or
suspension was for a | ||||||
5 | violation of subsection (a), Section
11-501.1, paragraph | ||||||
6 | (b)
of Section 11-401, or for reckless homicide as defined | ||||||
7 | in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| ||||||
8 | Class 4 felony.
| ||||||
9 | (2) A person who violates subsection (a) a third
time, | ||||||
10 | if the third violation occurs during a period in
which his | ||||||
11 | or her driving privileges are revoked or suspended where | ||||||
12 | the
revocation
or suspension was for a violation of | ||||||
13 | subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||||||
14 | 11-401, or for reckless homicide as defined in Section 9-3
| ||||||
15 | of the Criminal Code of 1961, is guilty of
a Class 3 | ||||||
16 | felony. | ||||||
17 | (2.1) A person who violates subsection (a) a third | ||||||
18 | time, if the third
violation occurs during a period in | ||||||
19 | which his or her driving privileges are
revoked or | ||||||
20 | suspended where the revocation or suspension was for a | ||||||
21 | violation of
subsection (a), Section 11-501.1, subsection | ||||||
22 | (b) of Section 11-401, or for
reckless homicide as defined | ||||||
23 | in Section
9-3 of the Criminal Code of 1961, is guilty of a | ||||||
24 | Class 3 felony; and if the
person receives a term of
| ||||||
25 | probation or conditional discharge, he or she shall be | ||||||
26 | required to serve a
mandatory
minimum of 10 days of |
| |||||||
| |||||||
1 | imprisonment or shall be assigned a mandatory minimum of
| ||||||
2 | 480 hours of community service, as may be determined by the | ||||||
3 | court, as a
condition of the probation or conditional | ||||||
4 | discharge. This mandatory minimum
term of imprisonment or | ||||||
5 | assignment of community service shall not be suspended
or | ||||||
6 | reduced by the court.
| ||||||
7 | (2.2) A person who violates subsection (a), if the
| ||||||
8 | violation occurs during a period in which his or her | ||||||
9 | driving privileges are
revoked or suspended where the | ||||||
10 | revocation or suspension was for a violation of
subsection | ||||||
11 | (a) or Section 11-501.1, shall also be sentenced to an | ||||||
12 | additional
mandatory minimum term of 30 consecutive days of | ||||||
13 | imprisonment, 40 days of
24-hour periodic imprisonment, or | ||||||
14 | 720 hours of community service, as may be
determined by the | ||||||
15 | court. This mandatory term of imprisonment or assignment of
| ||||||
16 | community service shall not be suspended or reduced by the | ||||||
17 | court.
| ||||||
18 | (3) A person who violates subsection (a) a fourth or
| ||||||
19 | fifth time, if the fourth or fifth
violation occurs
during | ||||||
20 | a 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 2 felony and is not eligible for a sentence of | ||||||
26 | probation or
conditional discharge.
|
| |||||||
| |||||||
1 | (c-2) (Blank).
| ||||||
2 | (c-3) (Blank).
| ||||||
3 | (c-4) (Blank).
| ||||||
4 | (c-5) A person who violates subsection (a), if the person | ||||||
5 | was transporting
a person under the age of 16 at the time of | ||||||
6 | the violation, is subject to an
additional mandatory minimum | ||||||
7 | fine of $1,000, an additional mandatory minimum
140 hours of | ||||||
8 | community service, which shall include 40 hours of community
| ||||||
9 | service in a program benefiting children, and an additional 2 | ||||||
10 | days of
imprisonment. The imprisonment or assignment of | ||||||
11 | community service under this
subsection (c-5) is not subject to | ||||||
12 | suspension, nor is the person eligible for
a reduced sentence.
| ||||||
13 | (c-6) Except as provided in subsections (c-7) and (c-8) a | ||||||
14 | person who
violates
subsection (a) a second time, if at the | ||||||
15 | time of
the second violation the person was transporting a | ||||||
16 | person under the age of 16,
is subject to an additional 10 days | ||||||
17 | of imprisonment, an additional mandatory
minimum fine of | ||||||
18 | $1,000, and an additional mandatory minimum 140 hours of
| ||||||
19 | community service, which shall include 40 hours of community | ||||||
20 | service in a
program benefiting children.
The imprisonment or | ||||||
21 | assignment of community service under this subsection (c-6)
is | ||||||
22 | not subject to suspension, nor is the person eligible for a | ||||||
23 | reduced
sentence.
| ||||||
24 | (c-7) Except as provided in subsection (c-8), any person | ||||||
25 | convicted of
violating subsection (c-6) or a similar
provision | ||||||
26 | within 10 years of a previous violation of subsection (a) or a
|
| |||||||
| |||||||
1 | similar provision shall receive, in addition to any other | ||||||
2 | penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||||||
3 | additional 40 hours of mandatory
community service in a program | ||||||
4 | benefiting children, and a mandatory minimum
fine of $1,750. | ||||||
5 | The imprisonment or assignment of community service under this
| ||||||
6 | subsection (c-7) is not subject to suspension, nor is the | ||||||
7 | person
eligible for a reduced sentence.
| ||||||
8 | (c-8) Any person convicted of violating subsection (c-6) or | ||||||
9 | a similar
provision within 5 years of a previous violation of | ||||||
10 | subsection (a) or a similar
provision shall receive, in | ||||||
11 | addition to any other penalty imposed, an
additional 80 hours | ||||||
12 | of mandatory community service in a program benefiting
| ||||||
13 | children, an additional mandatory minimum 12 days of | ||||||
14 | imprisonment, and a
mandatory minimum fine of $1,750. The | ||||||
15 | imprisonment or assignment of community
service under this | ||||||
16 | subsection (c-8) is not subject to suspension, nor
is the
| ||||||
17 | person eligible for a reduced sentence.
| ||||||
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 4 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 4 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 or fifth
time for | ||||||
15 | violating
subsection (a) or a similar provision, if at the time | ||||||
16 | of the fourth or
fifth violation the person was transporting a | ||||||
17 | person under the age of 16,
and if the person's 3 prior | ||||||
18 | violations of subsection (a) or a similar provision
occurred | ||||||
19 | while transporting a person under the age of 16 or while the | ||||||
20 | alcohol
concentration in his or her blood, breath, or urine was | ||||||
21 | 0.16 or more based
on the definition of blood, breath, or urine | ||||||
22 | units in Section 11-501.2, is
guilty of a Class 2 felony, is | ||||||
23 | not eligible for probation or conditional
discharge, and is | ||||||
24 | subject to a minimum 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 4 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 or fifth
violation | ||||||
4 | of
subsection
(a) or a similar provision, if at the time of the | ||||||
5 | fourth or fifth
violation the alcohol concentration in his or | ||||||
6 | her blood, breath, or urine was
0.16 or more based on the | ||||||
7 | definition of blood, breath, or urine units in
Section | ||||||
8 | 11-501.2, and if the person's 3 prior violations of subsection | ||||||
9 | (a) or a
similar provision occurred while transporting a person | ||||||
10 | under the age of 16 or
while the alcohol concentration in his | ||||||
11 | or her blood, breath, or urine was 0.16
or more based on the | ||||||
12 | definition of blood, breath, or urine units in Section
| ||||||
13 | 11-501.2, is guilty of a Class 2 felony and is not eligible for | ||||||
14 | a sentence of
probation or conditional discharge and is subject | ||||||
15 | to a minimum fine of
$2,500.
| ||||||
16 | (c-16) Any person convicted of a sixth or subsequent | ||||||
17 | violation of subsection (a) is guilty of a Class X felony.
| ||||||
18 | (d) (1) Every person convicted of committing a violation of | ||||||
19 | this Section
shall be guilty of aggravated driving under | ||||||
20 | the influence of alcohol,
other drug or drugs, or | ||||||
21 | intoxicating compound or compounds, or any combination
| ||||||
22 | thereof if:
| ||||||
23 | (A) the person committed a violation of subsection | ||||||
24 | (a) or a similar
provision for the
third or subsequent | ||||||
25 | time;
| ||||||
26 | (B) the person committed a violation of subsection |
| |||||||
| |||||||
1 | (a)
while
driving a school bus with persons 18 years of | ||||||
2 | age or younger
on board;
| ||||||
3 | (C) the person in committing a violation of | ||||||
4 | subsection
(a) was
involved in a motor vehicle accident | ||||||
5 | that resulted in great bodily harm or
permanent | ||||||
6 | disability or disfigurement to another, when the | ||||||
7 | violation was
a proximate cause of the injuries;
| ||||||
8 | (D) the person committed a violation of subsection | ||||||
9 | (a)
for a
second time and has been previously convicted | ||||||
10 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
11 | or a similar provision of a law of another state | ||||||
12 | relating to reckless homicide in which the person was
| ||||||
13 | determined to have been under the influence of alcohol, | ||||||
14 | other drug or
drugs, or intoxicating compound or | ||||||
15 | compounds as an element of the offense or
the person | ||||||
16 | has previously been convicted
under subparagraph (C) | ||||||
17 | or subparagraph (F) of this paragraph (1);
| ||||||
18 | (E) the person, in committing a violation of | ||||||
19 | subsection (a) while
driving at any speed in a school | ||||||
20 | speed zone at a time when a speed limit of
20 miles per | ||||||
21 | hour was in effect under subsection (a) of Section | ||||||
22 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
23 | accident that resulted in bodily
harm, other than great | ||||||
24 | bodily harm or permanent disability or disfigurement,
| ||||||
25 | to another person, when the violation of subsection (a) | ||||||
26 | was a
proximate cause
of the bodily harm; or
|
| |||||||
| |||||||
1 | (F) the person, in committing a violation of | ||||||
2 | subsection (a), was
involved in a motor vehicle, | ||||||
3 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
4 | accident that resulted in
the death of another person, | ||||||
5 | when the violation of subsection
(a) was
a proximate | ||||||
6 | cause of the death.
| ||||||
7 | (2) Except as provided in this paragraph (2), a person | ||||||
8 | convicted of
aggravated driving under
the
influence of | ||||||
9 | alcohol, other drug or
drugs,
or intoxicating compound or | ||||||
10 | compounds, or any
combination thereof is guilty of a Class | ||||||
11 | 4 felony. For a violation of
subparagraph (C)
of
paragraph | ||||||
12 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
13 | a term
of imprisonment, shall be sentenced
to not less than
| ||||||
14 | one year nor more than 12 years.
Aggravated driving under | ||||||
15 | the influence of alcohol, other drug or drugs,
or | ||||||
16 | intoxicating compound or compounds, or any combination | ||||||
17 | thereof as
defined in subparagraph (F) of paragraph (1) of | ||||||
18 | this subsection (d) is
a Class 2 felony, for which the | ||||||
19 | defendant, if sentenced to a term of
imprisonment, 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 in subsection (m) of this | ||||||
10 | Section
under
Section 5-5-3 of the 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; 94-114, eff. 1-1-06; 94-963, eff. | ||||||
12 | 6-28-06.)
| ||||||
13 | (Text of Section from P.A. 94-116 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 violation committed within 5
| ||||||
13 | years of a previous violation of subsection (a) or a similar | ||||||
14 | provision, the defendant is guilty of a Class 2 felony, and in
| ||||||
15 | addition to any other criminal or administrative sanction, a | ||||||
16 | mandatory minimum
term of either 10 days of imprisonment or 480 | ||||||
17 | hours of community service shall
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 | is guilty of
a Class 2 felony. | ||||||
6 | (2.1) A person who violates subsection (a) a third | ||||||
7 | time, if the third
violation occurs during a period in | ||||||
8 | which his or her driving privileges are
revoked or | ||||||
9 | suspended where the revocation or suspension was for a | ||||||
10 | violation of
subsection (a), Section 11-501.1, subsection | ||||||
11 | (b) of Section 11-401, or for
reckless homicide as defined | ||||||
12 | in Section
9-3 of the Criminal Code of 1961, is guilty of a | ||||||
13 | Class 2 felony; and if the
person receives a term of
| ||||||
14 | probation or conditional discharge, he or she shall be | ||||||
15 | required to serve a
mandatory
minimum of 10 days of | ||||||
16 | imprisonment or shall be assigned a mandatory minimum of
| ||||||
17 | 480 hours of community service, as may be determined by the | ||||||
18 | court, as a
condition of the probation or conditional | ||||||
19 | discharge. This mandatory minimum
term of imprisonment or | ||||||
20 | assignment of community service shall not be suspended
or | ||||||
21 | reduced by the court.
| ||||||
22 | (2.2) A person who violates subsection (a), if the
| ||||||
23 | violation occurs during a period in which his or her | ||||||
24 | driving privileges are
revoked or suspended where the | ||||||
25 | revocation or suspension was for a violation of
subsection | ||||||
26 | (a) or Section 11-501.1, shall also be sentenced to an |
| |||||||
| |||||||
1 | additional
mandatory minimum term of 30 consecutive days of | ||||||
2 | imprisonment, 40 days of
24-hour periodic imprisonment, or | ||||||
3 | 720 hours of community service, as may be
determined by the | ||||||
4 | court. This mandatory term of imprisonment or assignment of
| ||||||
5 | community service shall not be suspended or reduced by the | ||||||
6 | court.
| ||||||
7 | (3) A person who violates subsection (a) a fourth time | ||||||
8 | is guilty of
a Class 2 felony and is not eligible for a | ||||||
9 | sentence of probation or
conditional discharge.
| ||||||
10 | (4) A person who violates subsection (a) a fifth or | ||||||
11 | subsequent time is guilty of a Class 1 felony and is not | ||||||
12 | eligible for a sentence of probation or conditional | ||||||
13 | discharge.
| ||||||
14 | (c-2) (Blank).
| ||||||
15 | (c-3) (Blank).
| ||||||
16 | (c-4) (Blank).
| ||||||
17 | (c-5) A person who violates subsection (a), if the person | ||||||
18 | was transporting
a person under the age of 16 at the time of | ||||||
19 | the violation, is subject to an
additional mandatory minimum | ||||||
20 | fine of $1,000, an additional mandatory minimum
140 hours of | ||||||
21 | community service, which shall include 40 hours of community
| ||||||
22 | service in a program benefiting children, and an additional 2 | ||||||
23 | days of
imprisonment. The imprisonment or assignment of | ||||||
24 | community service under this
subsection (c-5) is not subject to | ||||||
25 | suspension, nor is the person eligible for
a reduced sentence.
| ||||||
26 | (c-6) Except as provided in subsections (c-7) and (c-8) a |
| |||||||
| |||||||
1 | person who
violates
subsection (a) a second time, if at the | ||||||
2 | time of
the second violation the person was transporting a | ||||||
3 | person under the age of 16,
is subject to an additional 10 days | ||||||
4 | of imprisonment, an additional mandatory
minimum fine of | ||||||
5 | $1,000, and an additional mandatory minimum 140 hours of
| ||||||
6 | community service, which shall include 40 hours of community | ||||||
7 | service in a
program benefiting children.
The imprisonment or | ||||||
8 | assignment of community service under this subsection (c-6)
is | ||||||
9 | not subject to suspension, nor is the person eligible for a | ||||||
10 | reduced
sentence.
| ||||||
11 | (c-7) Except as provided in subsection (c-8), any person | ||||||
12 | convicted of
violating subsection (c-6) or a similar
provision | ||||||
13 | within 10 years of a previous violation of subsection (a) or a
| ||||||
14 | similar provision shall receive, in addition to any other | ||||||
15 | penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||||||
16 | additional 40 hours of mandatory
community service in a program | ||||||
17 | benefiting children, and a mandatory minimum
fine of $1,750. | ||||||
18 | The imprisonment or assignment of community service under this
| ||||||
19 | subsection (c-7) is not subject to suspension, nor is the | ||||||
20 | person
eligible for a reduced sentence.
| ||||||
21 | (c-8) Any person convicted of violating subsection (c-6) or | ||||||
22 | a similar
provision within 5 years of a previous violation of | ||||||
23 | subsection (a) or a similar
provision shall receive, in | ||||||
24 | addition to any other penalty imposed, an
additional 80 hours | ||||||
25 | of mandatory community service in a program benefiting
| ||||||
26 | children, an additional mandatory minimum 12 days of |
| |||||||
| |||||||
1 | imprisonment, and a
mandatory minimum fine of $1,750. The | ||||||
2 | imprisonment or assignment of community
service under this | ||||||
3 | subsection (c-8) is not subject to suspension, nor
is the
| ||||||
4 | person eligible for a reduced sentence.
| ||||||
5 | (c-9) Any person convicted a third time for violating | ||||||
6 | subsection (a) or a
similar provision, if at the time of the | ||||||
7 | third violation the person was
transporting a person under the | ||||||
8 | age of 16, is guilty of a Class 2 felony and shall
receive, in | ||||||
9 | addition to any other
penalty imposed, an additional mandatory | ||||||
10 | fine of $1,000, an additional
mandatory 140 hours of community | ||||||
11 | service, which shall include 40 hours in a
program benefiting | ||||||
12 | children, and a mandatory minimum 30 days of imprisonment.
The | ||||||
13 | imprisonment or assignment of community service under this | ||||||
14 | subsection (c-9)
is not subject to suspension, nor is the | ||||||
15 | person eligible for a reduced
sentence.
| ||||||
16 | (c-10) Any person convicted of violating subsection (c-9) | ||||||
17 | or a similar
provision a third time within 20 years of a | ||||||
18 | previous violation of subsection
(a) or a
similar provision is | ||||||
19 | guilty of a Class 2 felony and shall receive, in addition
to | ||||||
20 | any other penalty imposed, an additional mandatory 40 hours of | ||||||
21 | community
service in a program benefiting children, an | ||||||
22 | additional mandatory fine of
$3,000, and a mandatory minimum | ||||||
23 | 120 days of imprisonment. The imprisonment or
assignment of | ||||||
24 | community service under this subsection (c-10) is not subject | ||||||
25 | to
suspension, nor is the person eligible for a reduced | ||||||
26 | sentence.
|
| |||||||
| |||||||
1 | (c-11) Any person convicted a fourth time for violating
| ||||||
2 | subsection (a) or a similar provision, if at the time of the | ||||||
3 | fourth violation the person was transporting a person under the | ||||||
4 | age of 16,
and if the person's 3 prior violations of subsection | ||||||
5 | (a) or a similar provision
occurred while transporting a person | ||||||
6 | under the age of 16 or while the alcohol
concentration in his | ||||||
7 | or her blood, breath, or urine was 0.16 or more based
on the | ||||||
8 | definition of blood, breath, or urine units in Section | ||||||
9 | 11-501.2, is
guilty of a Class 2 felony, is not eligible for | ||||||
10 | probation or conditional
discharge, and is subject to a minimum | ||||||
11 | fine of $3,000.
| ||||||
12 | (c-12) Any person convicted of a first violation of | ||||||
13 | subsection (a) or a
similar provision, if the alcohol | ||||||
14 | concentration in his or her blood, breath, or
urine was 0.16 or | ||||||
15 | more based on the definition of blood, breath, or urine
units | ||||||
16 | in Section 11-501.2, shall be subject, in addition to any other | ||||||
17 | penalty
that may be imposed, to a mandatory minimum of 100 | ||||||
18 | hours of community service
and a mandatory minimum fine of | ||||||
19 | $500.
| ||||||
20 | (c-13) Any person convicted of a second violation of | ||||||
21 | subsection (a) or a similar provision committed within 10 years | ||||||
22 | of a previous violation of subsection (a) or a similar | ||||||
23 | provision committed within 10 years of a previous violation of | ||||||
24 | subsection (a) or a similar provision, if at the time of the | ||||||
25 | second violation of subsection (a) the
alcohol concentration in | ||||||
26 | his or her blood, breath, or urine was 0.16 or more
based on |
| |||||||
| |||||||
1 | the definition of blood, breath, or urine units in Section | ||||||
2 | 11-501.2,
shall be
subject, in addition to any other penalty | ||||||
3 | that may be imposed, to a mandatory
minimum of 2 days of | ||||||
4 | imprisonment and a mandatory minimum fine of $1,250.
| ||||||
5 | (c-14) Any person convicted of a third violation of | ||||||
6 | subsection (a) or a
similar provision within 20 years of a | ||||||
7 | previous violation of subsection (a) or
a
similar provision, if | ||||||
8 | at the time of the third violation of subsection (a) or a
| ||||||
9 | similar provision the alcohol concentration in his or her | ||||||
10 | 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, is guilty of a Class 2 felony and shall be subject, | ||||||
13 | in
addition to any other penalty that may be imposed, to a | ||||||
14 | mandatory minimum of
90 days of imprisonment and a mandatory | ||||||
15 | minimum fine of $2,500.
| ||||||
16 | (c-15) Any person convicted of a fourth
violation of
| ||||||
17 | subsection
(a) or a similar provision, if at the time of the | ||||||
18 | fourth
violation the alcohol concentration in his or her blood, | ||||||
19 | breath, or urine was
0.16 or more based on the definition of | ||||||
20 | blood, breath, or urine units in
Section 11-501.2, and if the | ||||||
21 | person's 3 prior violations of subsection (a) or a
similar | ||||||
22 | provision occurred while transporting a person under the age of | ||||||
23 | 16 or
while the alcohol concentration in his or her blood, | ||||||
24 | breath, or urine was 0.16
or more based on the definition of | ||||||
25 | blood, breath, or urine units in Section
11-501.2, is guilty of | ||||||
26 | a Class 2 felony and is not eligible for a sentence of
|
| |||||||
| |||||||
1 | probation or conditional discharge and is subject to a minimum | ||||||
2 | fine of
$2,500.
| ||||||
3 | (d) (1) Every person convicted of committing a violation of | ||||||
4 | this Section
shall be guilty of aggravated driving under | ||||||
5 | the influence of alcohol,
other drug or drugs, or | ||||||
6 | intoxicating compound or compounds, or any combination
| ||||||
7 | thereof if:
| ||||||
8 | (A) the person committed a violation of subsection | ||||||
9 | (a) or a similar
provision for the
third or subsequent | ||||||
10 | time;
| ||||||
11 | (B) the person committed a violation of subsection | ||||||
12 | (a)
while
driving a school bus with persons 18 years of | ||||||
13 | age or younger
on board;
| ||||||
14 | (C) the person in committing a violation of | ||||||
15 | subsection
(a) was
involved in a motor vehicle accident | ||||||
16 | that resulted in great bodily harm or
permanent | ||||||
17 | disability or disfigurement to another, when the | ||||||
18 | violation was
a proximate cause of the injuries;
| ||||||
19 | (D) the person committed a violation of subsection | ||||||
20 | (a)
for a
second time and has been previously convicted | ||||||
21 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
22 | or a similar provision of a law of another state | ||||||
23 | relating to reckless homicide in which the person was
| ||||||
24 | determined to have been under the influence of alcohol, | ||||||
25 | other drug or
drugs, or intoxicating compound or | ||||||
26 | compounds as an element of the offense or
the person |
| |||||||
| |||||||
1 | has previously been convicted
under subparagraph (C) | ||||||
2 | or subparagraph (F) of this paragraph (1);
| ||||||
3 | (E) the person, in committing a violation of | ||||||
4 | subsection (a) while
driving at any speed in a school | ||||||
5 | speed zone at a time when a speed limit of
20 miles per | ||||||
6 | hour was in effect under subsection (a) of Section | ||||||
7 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
8 | accident that resulted in bodily
harm, other than great | ||||||
9 | bodily harm or permanent disability or disfigurement,
| ||||||
10 | to another person, when the violation of subsection (a) | ||||||
11 | was a
proximate cause
of the bodily harm; or
| ||||||
12 | (F) the person, in committing a violation of | ||||||
13 | subsection (a), was
involved in a motor vehicle, | ||||||
14 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
15 | accident that resulted in
the death of another person, | ||||||
16 | when the violation of subsection
(a) was
a proximate | ||||||
17 | cause of the death.
| ||||||
18 | (2) Except as provided in this paragraph (2) and in | ||||||
19 | paragraphs (3) and (4) of subsection (c-1), a person | ||||||
20 | convicted of
aggravated driving under
the
influence of | ||||||
21 | alcohol, other drug or
drugs,
or intoxicating compound or | ||||||
22 | compounds, or any
combination thereof is guilty of a Class | ||||||
23 | 4 felony. For a violation of
subparagraph (C)
of
paragraph | ||||||
24 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
25 | a term
of imprisonment, shall be sentenced
to not less than
| ||||||
26 | one year nor more than 12 years.
Except as provided in |
| |||||||
| |||||||
1 | paragraph (4) of subsection (c-1), aggravated driving | ||||||
2 | under the influence of alcohol, other drug, or drugs, | ||||||
3 | intoxicating compounds or compounds, or any combination | ||||||
4 | thereof as defined in subparagraph (A) of paragraph (1) of | ||||||
5 | this subsection (d) is a Class 2 felony. Aggravated driving | ||||||
6 | under the influence of alcohol, other drug or drugs,
or | ||||||
7 | intoxicating compound or compounds, or any combination | ||||||
8 | thereof as
defined in subparagraph (F) of paragraph (1) of | ||||||
9 | this subsection (d) is
a Class 2 felony, for which the | ||||||
10 | defendant, if sentenced to a term of
imprisonment, shall be | ||||||
11 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
12 | years and not more
than 14 years if the violation resulted | ||||||
13 | in the death of one person; or
(B) a term of imprisonment | ||||||
14 | of not less than 6 years and not
more than 28 years if the | ||||||
15 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
16 | any prosecution under this subsection
(d), a certified copy | ||||||
17 | of the
driving abstract of the defendant shall be admitted | ||||||
18 | as proof of any prior
conviction.
Any person sentenced | ||||||
19 | under this subsection (d) who receives a term of
probation
| ||||||
20 | or conditional discharge must serve a minimum term of | ||||||
21 | either 480 hours of
community service or 10 days of | ||||||
22 | imprisonment as a condition of the probation or
conditional | ||||||
23 | discharge. This mandatory minimum term of imprisonment or
| ||||||
24 | assignment of community service may not be suspended or | ||||||
25 | reduced by the court.
| ||||||
26 | (e) After a finding of guilt and prior to any final |
| |||||||
| |||||||
1 | sentencing, or an
order for supervision, for an offense based | ||||||
2 | upon an arrest for a
violation of this Section or a similar | ||||||
3 | provision of a local ordinance,
individuals shall be required | ||||||
4 | to undergo a professional evaluation to
determine if an | ||||||
5 | alcohol, drug, or intoxicating compound abuse problem exists
| ||||||
6 | and the
extent of the problem, and undergo the imposition of | ||||||
7 | treatment as appropriate.
Programs conducting these | ||||||
8 | evaluations shall be
licensed by the Department of Human | ||||||
9 | Services. The cost of any professional
evaluation shall be paid | ||||||
10 | for by the
individual
required to undergo the professional | ||||||
11 | evaluation.
| ||||||
12 | (e-1) Any person who is found guilty of or pleads guilty to | ||||||
13 | violating this
Section, including any person receiving a | ||||||
14 | disposition of court supervision for
violating this Section, | ||||||
15 | may be required by the Court to attend a victim
impact panel | ||||||
16 | offered by, or under contract with, a County State's Attorney's
| ||||||
17 | office, a probation and court services department, Mothers | ||||||
18 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
19 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
20 | be paid from fees collected from the
offender or as may be | ||||||
21 | determined by the court.
| ||||||
22 | (f) Every person found guilty of violating this Section, | ||||||
23 | whose
operation of a motor vehicle while in violation of this | ||||||
24 | Section proximately
caused any incident resulting in an | ||||||
25 | appropriate emergency response, shall
be liable for the expense | ||||||
26 | of an emergency response as provided in subsection (m) of this |
| |||||||
| |||||||
1 | Section
under
Section 5-5-3 of the Unified Code of Corrections .
| ||||||
2 | (g) The Secretary of State shall revoke the driving | ||||||
3 | privileges of any
person convicted under this Section or a | ||||||
4 | similar provision of a local
ordinance.
| ||||||
5 | (h) (Blank).
| ||||||
6 | (i) The Secretary of State shall require the use of | ||||||
7 | ignition interlock
devices on all vehicles owned by an | ||||||
8 | individual who has been convicted of a
second
or subsequent | ||||||
9 | offense of this Section or a similar provision of a local
| ||||||
10 | ordinance. The Secretary shall establish by rule and regulation | ||||||
11 | the procedures
for certification and use of the interlock | ||||||
12 | system.
| ||||||
13 | (j) In addition to any other penalties and liabilities, a | ||||||
14 | person who is
found guilty of or pleads guilty to violating | ||||||
15 | subsection (a), including any
person placed on court | ||||||
16 | supervision for violating subsection (a), shall be fined
$500, | ||||||
17 | payable to the
circuit clerk, who shall distribute the money as | ||||||
18 | follows: 20% to the law enforcement agency
that made the arrest | ||||||
19 | and 80% shall be forwarded to the State Treasurer for deposit | ||||||
20 | into the General Revenue Fund. If the person has been | ||||||
21 | previously convicted of violating
subsection (a) or a similar | ||||||
22 | provision of a local
ordinance, the fine shall be
$1,000. In | ||||||
23 | the event that more than one agency is responsible
for the | ||||||
24 | arrest, the amount payable to law enforcement agencies shall be | ||||||
25 | shared equally. Any moneys received
by a law
enforcement agency | ||||||
26 | under this subsection (j) 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. Equipment and commodities | ||||||
12 | shall include, but are not limited
to, in-car video cameras, | ||||||
13 | radar and laser speed detection devices, and alcohol
breath | ||||||
14 | testers.
Any moneys received by the Department of State Police | ||||||
15 | under this subsection
(j) shall be deposited into the State | ||||||
16 | Police DUI Fund and shall be used for enforcement and | ||||||
17 | 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 that will assist in the prevention of
alcohol | ||||||
22 | related 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 | (k) The Secretary of State Police DUI Fund is created as a | ||||||
3 | special
fund in the State treasury. All moneys received by the | ||||||
4 | Secretary of State
Police under subsection (j) of this Section | ||||||
5 | shall be deposited into the
Secretary of State Police DUI Fund | ||||||
6 | and, subject to appropriation, shall be
used for enforcement | ||||||
7 | and 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 to assist in the prevention of
alcohol related | ||||||
12 | 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.
| ||||||
18 | (l) Whenever an individual is sentenced for an offense | ||||||
19 | based upon an
arrest for a violation of subsection (a) or a | ||||||
20 | similar provision of a local
ordinance, and the professional | ||||||
21 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
22 | education, neither the treatment nor the education
shall be the | ||||||
23 | sole disposition and either or both may be imposed only in
| ||||||
24 | conjunction with another disposition. The court shall monitor | ||||||
25 | compliance with
any remedial education or treatment | ||||||
26 | recommendations contained in the
professional evaluation. |
| |||||||
| |||||||
1 | Programs conducting alcohol or other drug evaluation
or | ||||||
2 | remedial education must be licensed by the Department of Human | ||||||
3 | Services. If
the individual is not a resident of Illinois, | ||||||
4 | however, the court may accept an
alcohol or other drug | ||||||
5 | evaluation or remedial education program in the
individual's | ||||||
6 | state of residence. Programs providing treatment must be | ||||||
7 | licensed
under existing applicable alcoholism and drug | ||||||
8 | treatment licensure standards.
| ||||||
9 | (m) In addition to any other fine or penalty required by | ||||||
10 | law, an individual
convicted of a violation of subsection (a), | ||||||
11 | Section 5-7 of the Snowmobile
Registration and Safety Act, | ||||||
12 | Section 5-16 of the Boat Registration and Safety
Act, or a | ||||||
13 | similar provision, whose operation of a motor vehicle, | ||||||
14 | snowmobile, or
watercraft while in
violation of subsection (a), | ||||||
15 | Section 5-7 of the Snowmobile Registration and
Safety Act, | ||||||
16 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
17 | similar
provision proximately caused an incident resulting in | ||||||
18 | an appropriate emergency
response, shall be required to make | ||||||
19 | restitution to a public agency for the
costs of that emergency | ||||||
20 | response. The restitution may not exceed $1,000 per
public | ||||||
21 | agency for each emergency response. As used in this subsection | ||||||
22 | (m),
"emergency response" means any incident requiring a | ||||||
23 | response by a police
officer, a firefighter carried on the | ||||||
24 | rolls of a regularly constituted fire
department, or an | ||||||
25 | ambulance.
| ||||||
26 | (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; |
| |||||||
| |||||||
1 | 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||||||
2 | 93-840, eff. 7-30-04; 94-116, eff. 1-1-06; 94-963, eff. | ||||||
3 | 6-28-06.)
| ||||||
4 | (Text of Section from P.A. 94-329 and 94-963) | ||||||
5 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
6 | other drug or
drugs, intoxicating compound or compounds or any | ||||||
7 | combination thereof.
| ||||||
8 | (a) A person shall not drive or be in actual
physical | ||||||
9 | control of any vehicle within this State while:
| ||||||
10 | (1) the alcohol concentration in the person's blood or | ||||||
11 | breath is 0.08
or more based on the definition of blood and | ||||||
12 | breath units in Section 11-501.2;
| ||||||
13 | (2) under the influence of alcohol;
| ||||||
14 | (3) under the influence of any intoxicating compound or | ||||||
15 | combination of
intoxicating compounds to a degree that | ||||||
16 | renders the person incapable of
driving safely;
| ||||||
17 | (4) under the influence of any other drug or | ||||||
18 | combination of drugs to a
degree that renders the person | ||||||
19 | incapable of safely driving;
| ||||||
20 | (5) under the combined influence of alcohol, other drug | ||||||
21 | or drugs, or
intoxicating compound or compounds to a degree | ||||||
22 | that renders the person
incapable of safely driving; or
| ||||||
23 | (6) there is any amount of a drug, substance, or | ||||||
24 | compound in the
person's breath, blood, or urine resulting | ||||||
25 | from the unlawful use or consumption
of cannabis listed in |
| |||||||
| |||||||
1 | the Cannabis Control Act, a controlled substance listed
in | ||||||
2 | the Illinois Controlled Substances Act, or an intoxicating | ||||||
3 | compound listed
in the Use of Intoxicating Compounds Act.
| ||||||
4 | (b) The fact that any person charged with violating this | ||||||
5 | Section is or
has been legally entitled to use alcohol, other | ||||||
6 | drug or drugs, or
intoxicating compound or compounds, or any
| ||||||
7 | combination thereof, shall not constitute a defense against any | ||||||
8 | charge of
violating this Section.
| ||||||
9 | (b-1) With regard to penalties imposed under this Section:
| ||||||
10 | (1) Any reference to a prior violation of subsection | ||||||
11 | (a) or a similar
provision includes any violation of a | ||||||
12 | provision of a local ordinance or a
provision of a law of | ||||||
13 | another state that is similar to a violation of
subsection | ||||||
14 | (a) of this Section.
| ||||||
15 | (2) Any penalty imposed for driving with a license that | ||||||
16 | has been revoked
for a previous violation of subsection (a) | ||||||
17 | of this Section shall be in
addition to the penalty imposed | ||||||
18 | for any subsequent violation of subsection (a).
| ||||||
19 | (b-2) Except as otherwise provided in this Section, any | ||||||
20 | person convicted of
violating subsection (a) of this Section is | ||||||
21 | guilty of a Class A misdemeanor.
| ||||||
22 | (b-3) In addition to any other criminal or administrative | ||||||
23 | sanction for any
second conviction of violating subsection (a) | ||||||
24 | or a similar provision committed
within 5 years of a previous | ||||||
25 | violation of subsection (a) or a similar
provision, the | ||||||
26 | defendant shall be sentenced to a mandatory minimum of 5 days |
| |||||||
| |||||||
1 | of
imprisonment or assigned a mandatory minimum of 240 hours of | ||||||
2 | community service
as may be determined by the court.
| ||||||
3 | (b-4) In the case of a third or subsequent violation | ||||||
4 | committed within 5
years of a previous violation of subsection | ||||||
5 | (a) or a similar provision, in
addition to any other criminal | ||||||
6 | or administrative sanction, a mandatory minimum
term of either | ||||||
7 | 10 days of imprisonment or 480 hours of community service shall
| ||||||
8 | be imposed.
| ||||||
9 | (b-5) The imprisonment or assignment of community service | ||||||
10 | under subsections
(b-3) and (b-4) shall not be subject to | ||||||
11 | suspension, nor shall the person be
eligible for a reduced | ||||||
12 | sentence.
| ||||||
13 | (c) (Blank).
| ||||||
14 | (c-1) (1) A person who violates subsection (a)
during
a | ||||||
15 | 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 | ||||||
20 | aggravated driving under the influence of alcohol, other | ||||||
21 | drug or drugs, intoxicating compound or compounds, or any | ||||||
22 | combination thereof and is guilty of a
Class 4 felony.
| ||||||
23 | (2) A person who violates subsection (a) a third
time, | ||||||
24 | if the third violation occurs during a period in
which his | ||||||
25 | or her driving privileges are revoked or suspended where | ||||||
26 | the
revocation
or suspension was for a violation of |
| |||||||
| |||||||
1 | subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||||||
2 | 11-401, or for reckless homicide as defined in Section 9-3
| ||||||
3 | of the Criminal Code of 1961, is guilty of aggravated | ||||||
4 | driving under the influence of alcohol, other drug or | ||||||
5 | drugs, intoxicating compound or compounds, or any | ||||||
6 | combination thereof and is guilty of
a Class 3 felony. | ||||||
7 | (2.1) A person who violates subsection (a) a third | ||||||
8 | time, if the third
violation occurs during a period in | ||||||
9 | which his or her driving privileges are
revoked or | ||||||
10 | suspended where the revocation or suspension was for a | ||||||
11 | violation of
subsection (a), Section 11-501.1, subsection | ||||||
12 | (b) of Section 11-401, or for
reckless homicide as defined | ||||||
13 | in Section
9-3 of the Criminal Code of 1961, is guilty of | ||||||
14 | aggravated driving under the influence of alcohol, other | ||||||
15 | drug or drugs, intoxicating compound or compounds, or any | ||||||
16 | combination thereof and is guilty of a Class 3 felony; and | ||||||
17 | if the
person receives a term of
probation or conditional | ||||||
18 | discharge, he or she shall be required to serve a
mandatory
| ||||||
19 | minimum of 10 days of imprisonment or shall be assigned a | ||||||
20 | mandatory minimum of
480 hours of community service, as may | ||||||
21 | be determined by the court, as a
condition of the probation | ||||||
22 | or conditional discharge. This mandatory minimum
term of | ||||||
23 | imprisonment or assignment of community service shall not | ||||||
24 | be suspended
or 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, is guilty of aggravated driving | ||||||
4 | under the influence of alcohol, other drug or drugs, | ||||||
5 | intoxicating compound or compounds, or any combination | ||||||
6 | thereof and shall also be sentenced to an additional
| ||||||
7 | 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 | subsequent time, if the fourth or subsequent violation | ||||||
15 | occurs
during a period in which his
or her driving | ||||||
16 | privileges are revoked or suspended where the revocation
or | ||||||
17 | suspension was for a violation of subsection (a),
Section | ||||||
18 | 11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||||||
19 | homicide as defined in
Section 9-3
of
the Criminal Code of | ||||||
20 | 1961, is guilty of aggravated driving under the influence | ||||||
21 | of alcohol, other drug or drugs, intoxicating compound or | ||||||
22 | compounds, or any combination thereof and is guilty of
a | ||||||
23 | Class 2 felony, and is not eligible for a sentence of | ||||||
24 | probation or
conditional discharge.
| ||||||
25 | (c-2) (Blank).
| ||||||
26 | (c-3) (Blank).
|
| |||||||
| |||||||
1 | (c-4) (Blank).
| ||||||
2 | (c-5) A person who violates subsection (a), if the person | ||||||
3 | was transporting
a person under the age of 16 at the time of | ||||||
4 | the violation, is subject to an
additional mandatory minimum | ||||||
5 | fine of $1,000, an additional mandatory minimum
140 hours of | ||||||
6 | community service, which shall include 40 hours of community
| ||||||
7 | service in a program benefiting children, and an additional 2 | ||||||
8 | days of
imprisonment. The imprisonment or assignment of | ||||||
9 | community service under this
subsection (c-5) is not subject to | ||||||
10 | suspension, nor is the person eligible for
a reduced sentence.
| ||||||
11 | (c-6) Except as provided in subsections (c-7) and (c-8) a | ||||||
12 | person who
violates
subsection (a) a second time, if at the | ||||||
13 | time of
the second violation the person was transporting a | ||||||
14 | person under the age of 16,
is subject to an additional 10 days | ||||||
15 | of imprisonment, an additional mandatory
minimum fine of | ||||||
16 | $1,000, and an additional mandatory minimum 140 hours of
| ||||||
17 | community service, which shall include 40 hours of community | ||||||
18 | service in a
program benefiting children.
The imprisonment or | ||||||
19 | assignment of community service under this subsection (c-6)
is | ||||||
20 | not subject to suspension, nor is the person eligible for a | ||||||
21 | reduced
sentence.
| ||||||
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.
| ||||||
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.
| ||||||
16 | (c-9) Any person convicted a third time for violating | ||||||
17 | subsection (a) or a
similar provision, if at the time of the | ||||||
18 | third violation the person was
transporting a person under the | ||||||
19 | age of 16, is guilty of a Class 4 felony and shall
receive, in | ||||||
20 | addition to any other
penalty imposed, an additional mandatory | ||||||
21 | fine of $1,000, an additional
mandatory 140 hours of community | ||||||
22 | service, which shall include 40 hours in a
program benefiting | ||||||
23 | children, and a mandatory minimum 30 days of imprisonment.
The | ||||||
24 | imprisonment or assignment of community service under this | ||||||
25 | subsection (c-9)
is not subject to suspension, nor is the | ||||||
26 | person eligible for a reduced
sentence.
|
| |||||||
| |||||||
1 | (c-10) Any person convicted of violating subsection (c-9) | ||||||
2 | or a similar
provision a third time within 20 years of a | ||||||
3 | previous violation of subsection
(a) or a
similar provision is | ||||||
4 | guilty of a Class 4 felony and shall receive, in addition
to | ||||||
5 | any other penalty imposed, an additional mandatory 40 hours of | ||||||
6 | community
service in a program benefiting children, an | ||||||
7 | additional mandatory fine of
$3,000, and a mandatory minimum | ||||||
8 | 120 days of imprisonment. The imprisonment or
assignment of | ||||||
9 | community service under this subsection (c-10) is not subject | ||||||
10 | to
suspension, nor is the person eligible for a reduced | ||||||
11 | sentence.
| ||||||
12 | (c-11) Any person convicted a fourth or subsequent time for | ||||||
13 | violating
subsection (a) or a similar provision, if at the time | ||||||
14 | of the fourth or
subsequent violation the person was | ||||||
15 | transporting a person under the age of 16,
and if the person's | ||||||
16 | 3 prior violations of subsection (a) or a similar provision
| ||||||
17 | occurred while transporting a person under the age of 16 or | ||||||
18 | while the alcohol
concentration in his or her blood, breath, or | ||||||
19 | urine was 0.16 or more based
on the definition of blood, | ||||||
20 | breath, or urine units in Section 11-501.2, is
guilty of a | ||||||
21 | Class 2 felony, is not eligible for probation or conditional
| ||||||
22 | discharge, and is subject to a minimum fine of $3,000.
| ||||||
23 | (c-12) 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 0.16 or | ||||||
26 | more based on the definition of blood, breath, or urine
units |
| |||||||
| |||||||
1 | in Section 11-501.2, shall be subject, in addition to any other | ||||||
2 | penalty
that may be imposed, to a mandatory minimum of 100 | ||||||
3 | hours of community service
and a mandatory minimum fine of | ||||||
4 | $500.
| ||||||
5 | (c-13) Any person convicted of a second violation of | ||||||
6 | subsection (a) or a similar provision committed within 10 years | ||||||
7 | of a previous violation of subsection (a) or a similar | ||||||
8 | provision committed within 10 years of a previous violation of | ||||||
9 | subsection (a) or a similar provision, if at the time of the | ||||||
10 | second violation of subsection (a) the
alcohol concentration in | ||||||
11 | his or her blood, breath, or urine was 0.16 or more
based on | ||||||
12 | the definition of blood, breath, or urine units in Section | ||||||
13 | 11-501.2,
shall be
subject, in addition to any other penalty | ||||||
14 | that may be imposed, to a mandatory
minimum of 2 days of | ||||||
15 | imprisonment and a mandatory minimum fine of $1,250.
| ||||||
16 | (c-14) 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 provision, if | ||||||
19 | at the time of the third violation of subsection (a) or a
| ||||||
20 | similar provision the alcohol concentration in his or her | ||||||
21 | blood, breath, or
urine was 0.16 or more based on the | ||||||
22 | definition of blood, breath, or urine units
in Section | ||||||
23 | 11-501.2, is guilty of a Class 4 felony and shall be subject, | ||||||
24 | in
addition to any other penalty that may be imposed, to a | ||||||
25 | mandatory minimum of
90 days of imprisonment and a mandatory | ||||||
26 | minimum fine of $2,500.
|
| |||||||
| |||||||
1 | (c-15) Any person convicted of a fourth or subsequent | ||||||
2 | violation of
subsection
(a) or a similar provision, if at the | ||||||
3 | time of the fourth or subsequent
violation the alcohol | ||||||
4 | concentration in his or her blood, breath, or urine was
0.16 or | ||||||
5 | more based on the definition of blood, breath, or urine units | ||||||
6 | in
Section 11-501.2, and if the person's 3 prior violations of | ||||||
7 | subsection (a) or a
similar provision occurred while | ||||||
8 | transporting a person under the age of 16 or
while the alcohol | ||||||
9 | concentration in his or her blood, breath, or urine was 0.16
or | ||||||
10 | more based on the definition of blood, breath, or urine units | ||||||
11 | in Section
11-501.2, is guilty of a Class 2 felony and is not | ||||||
12 | eligible for a sentence of
probation or conditional discharge | ||||||
13 | and is subject to a minimum fine of
$2,500.
| ||||||
14 | (d) (1) Every person convicted of committing a violation of | ||||||
15 | this Section
shall be guilty of aggravated driving under | ||||||
16 | the influence of alcohol,
other drug or drugs, or | ||||||
17 | intoxicating compound or compounds, or any combination
| ||||||
18 | thereof if:
| ||||||
19 | (A) the person committed a violation of subsection | ||||||
20 | (a) or a similar
provision for the
third or subsequent | ||||||
21 | time;
| ||||||
22 | (B) the person committed a violation of subsection | ||||||
23 | (a)
while
driving a school bus with persons 18 years of | ||||||
24 | age or younger
on board;
| ||||||
25 | (C) the person in committing a violation of | ||||||
26 | subsection
(a) was
involved in a motor vehicle accident |
| |||||||
| |||||||
1 | that resulted in great bodily harm or
permanent | ||||||
2 | disability or disfigurement to another, when the | ||||||
3 | violation was
a proximate cause of the injuries;
| ||||||
4 | (D) the person committed a violation of subsection | ||||||
5 | (a)
for a
second time and has been previously convicted | ||||||
6 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
7 | or a similar provision of a law of another state | ||||||
8 | relating to reckless homicide in which the person was
| ||||||
9 | determined to have been under the influence of alcohol, | ||||||
10 | other drug or
drugs, or intoxicating compound or | ||||||
11 | compounds as an element of the offense or
the person | ||||||
12 | has previously been convicted
under subparagraph (C) | ||||||
13 | or subparagraph (F) of this paragraph (1);
| ||||||
14 | (E) the person, in committing a violation of | ||||||
15 | subsection (a) while
driving at any speed in a school | ||||||
16 | speed zone at a time when a speed limit of
20 miles per | ||||||
17 | hour was in effect under subsection (a) of Section | ||||||
18 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
19 | accident that resulted in bodily
harm, other than great | ||||||
20 | bodily harm or permanent disability or disfigurement,
| ||||||
21 | to another person, when the violation of subsection (a) | ||||||
22 | was a
proximate cause
of the bodily harm; or
| ||||||
23 | (F) the person, in committing a violation of | ||||||
24 | subsection (a), was
involved in a motor vehicle, | ||||||
25 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
26 | accident that resulted in
the death of another person, |
| |||||||
| |||||||
1 | when the violation of subsection
(a) was
a proximate | ||||||
2 | cause of the death;
| ||||||
3 | (G) the person committed the violation while he or | ||||||
4 | she did not possess a driver's license or permit or a | ||||||
5 | restricted driving permit or a judicial driving | ||||||
6 | permit; or
| ||||||
7 | (H) the person committed the violation while he or | ||||||
8 | she knew or should have known that the vehicle he or | ||||||
9 | she was driving was not covered by a liability | ||||||
10 | insurance policy.
| ||||||
11 | (2) Except as provided in this paragraph (2) and in | ||||||
12 | paragraphs (2), (2.1), and (3) of subsection (c-1), a | ||||||
13 | person convicted of
aggravated driving under
the
influence | ||||||
14 | of alcohol, other drug or
drugs,
or intoxicating compound | ||||||
15 | or compounds, or any
combination thereof is guilty of a | ||||||
16 | Class 4 felony. For a violation of
subparagraph (C)
of
| ||||||
17 | paragraph (1) of this subsection (d), the defendant, if | ||||||
18 | sentenced to a term
of imprisonment, shall be sentenced
to | ||||||
19 | not less than
one year nor more than 12 years.
Aggravated | ||||||
20 | driving under the influence of alcohol, other drug or | ||||||
21 | drugs,
or intoxicating compound or compounds, or any | ||||||
22 | combination thereof as
defined in subparagraph (F) of | ||||||
23 | paragraph (1) of this subsection (d) is
a Class 2 felony, | ||||||
24 | for which the defendant, if sentenced to a term of
| ||||||
25 | imprisonment, shall be sentenced to: (A) a
term of | ||||||
26 | imprisonment of not less than 3 years and not more
than 14 |
| |||||||
| |||||||
1 | years if the violation resulted in the death of one person; | ||||||
2 | or
(B) a term of imprisonment of not less than 6 years and | ||||||
3 | not
more than 28 years if the violation resulted in the | ||||||
4 | deaths of 2 or more
persons.
For any prosecution under this | ||||||
5 | subsection
(d), a certified copy of the
driving abstract of | ||||||
6 | the defendant shall be admitted as proof of any prior
| ||||||
7 | conviction.
Any person sentenced under this subsection (d) | ||||||
8 | who receives a term of
probation
or conditional discharge | ||||||
9 | must serve a minimum term of either 480 hours of
community | ||||||
10 | service or 10 days of imprisonment as a condition of the | ||||||
11 | probation or
conditional discharge. This mandatory minimum | ||||||
12 | term of imprisonment or
assignment of community service may | ||||||
13 | not be suspended or reduced by the court.
| ||||||
14 | (e) After a finding of guilt and prior to any final | ||||||
15 | sentencing, or an
order for supervision, for an offense based | ||||||
16 | upon an arrest for a
violation of this Section or a similar | ||||||
17 | provision of a local ordinance,
individuals shall be required | ||||||
18 | to undergo a professional evaluation to
determine if an | ||||||
19 | alcohol, drug, or intoxicating compound abuse problem exists
| ||||||
20 | and the
extent of the problem, and undergo the imposition of | ||||||
21 | treatment as appropriate.
Programs conducting these | ||||||
22 | evaluations shall be
licensed by the Department of Human | ||||||
23 | Services. The cost of any professional
evaluation shall be paid | ||||||
24 | for by the
individual
required to undergo the professional | ||||||
25 | evaluation.
| ||||||
26 | (e-1) Any person who is found guilty of or pleads guilty to |
| |||||||
| |||||||
1 | violating this
Section, including any person receiving a | ||||||
2 | disposition of court supervision for
violating this Section, | ||||||
3 | may be required by the Court to attend a victim
impact panel | ||||||
4 | offered by, or under contract with, a County State's Attorney's
| ||||||
5 | office, a probation and court services department, Mothers | ||||||
6 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
7 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
8 | be paid from fees collected from the
offender or as may be | ||||||
9 | determined by the court.
| ||||||
10 | (f) Every person found guilty of violating this Section, | ||||||
11 | whose
operation of a motor vehicle while in violation of this | ||||||
12 | Section proximately
caused any incident resulting in an | ||||||
13 | appropriate emergency response, shall
be liable for the expense | ||||||
14 | of an emergency response as provided in subsection (m) of this | ||||||
15 | Section
under
Section 5-5-3 of the Unified Code of Corrections .
| ||||||
16 | (g) The Secretary of State shall revoke the driving | ||||||
17 | privileges of any
person convicted under this Section or a | ||||||
18 | similar provision of a local
ordinance.
| ||||||
19 | (h) (Blank).
| ||||||
20 | (i) The Secretary of State shall require the use of | ||||||
21 | ignition interlock
devices on all vehicles owned by an | ||||||
22 | individual who has been convicted of a
second
or subsequent | ||||||
23 | offense of this Section or a similar provision of a local
| ||||||
24 | ordinance. The Secretary shall establish by rule and regulation | ||||||
25 | the procedures
for certification and use of the interlock | ||||||
26 | system.
|
| |||||||
| |||||||
1 | (j) In addition to any other penalties and liabilities, a | ||||||
2 | person who is
found guilty of or pleads guilty to violating | ||||||
3 | subsection (a), including any
person placed on court | ||||||
4 | supervision for violating subsection (a), shall be fined
$500, | ||||||
5 | payable to the
circuit clerk, who shall distribute the money as | ||||||
6 | follows: 20% to the law enforcement agency
that made the arrest | ||||||
7 | and 80% shall be forwarded to the State Treasurer for deposit | ||||||
8 | into the General Revenue Fund. If the person has been | ||||||
9 | previously convicted of violating
subsection (a) or a similar | ||||||
10 | provision of a local
ordinance, the fine shall be
$1,000. In | ||||||
11 | the event that more than one agency is responsible
for the | ||||||
12 | arrest, the amount payable to law enforcement agencies shall be | ||||||
13 | shared equally. Any moneys received
by a law
enforcement agency | ||||||
14 | under this subsection (j) shall be used for enforcement and | ||||||
15 | prevention of driving while under the influence of alcohol, | ||||||
16 | other drug or drugs, intoxicating compound or compounds or any | ||||||
17 | combination thereof, as defined by this Section, including but | ||||||
18 | not limited to the purchase of law
enforcement equipment and | ||||||
19 | commodities that will assist in the prevention of alcohol | ||||||
20 | related
criminal violence throughout the State; police officer | ||||||
21 | training and education in areas related to alcohol related | ||||||
22 | crime, including but not limited to DUI training; and police | ||||||
23 | officer salaries, including but not limited to salaries for | ||||||
24 | hire back funding for safety checkpoints, saturation patrols, | ||||||
25 | and liquor store sting operations. Equipment and commodities | ||||||
26 | shall include, but are not limited
to, in-car video cameras, |
| |||||||
| |||||||
1 | radar and laser speed detection devices, and alcohol
breath | ||||||
2 | testers.
Any moneys received by the Department of State Police | ||||||
3 | under this subsection
(j) shall be deposited into the State | ||||||
4 | Police DUI Fund and shall be used for enforcement and | ||||||
5 | prevention of driving while under the influence of alcohol, | ||||||
6 | other drug or drugs, intoxicating compound or compounds or any | ||||||
7 | combination thereof, as defined by this Section, including but | ||||||
8 | not limited to the
purchase of law enforcement equipment and | ||||||
9 | commodities that will assist in the prevention of
alcohol | ||||||
10 | related criminal violence throughout the State; police officer | ||||||
11 | training and education in areas related to alcohol related | ||||||
12 | crime, including but not limited to DUI training; and police | ||||||
13 | officer salaries, including but not limited to salaries for | ||||||
14 | hire back funding for safety checkpoints, saturation patrols, | ||||||
15 | and liquor store sting operations.
| ||||||
16 | (k) The Secretary of State Police DUI Fund is created as a | ||||||
17 | special
fund in the State treasury. All moneys received by the | ||||||
18 | Secretary of State
Police under subsection (j) of this Section | ||||||
19 | shall be deposited into the
Secretary of State Police DUI Fund | ||||||
20 | and, subject to appropriation, shall be
used for enforcement | ||||||
21 | and prevention of driving while under the influence of alcohol, | ||||||
22 | other drug or drugs, intoxicating compound or compounds or any | ||||||
23 | combination thereof, as defined by this Section, including but | ||||||
24 | not limited to the purchase of law enforcement equipment and | ||||||
25 | commodities to assist in the prevention of
alcohol related | ||||||
26 | criminal violence throughout the State; police officer |
| |||||||
| |||||||
1 | training and education in areas related to alcohol related | ||||||
2 | crime, including but not limited to DUI training; and police | ||||||
3 | officer salaries, including but not limited to salaries for | ||||||
4 | hire back funding for safety checkpoints, saturation patrols, | ||||||
5 | and liquor store sting operations.
| ||||||
6 | (l) Whenever an individual is sentenced for an offense | ||||||
7 | based upon an
arrest for a violation of subsection (a) or a | ||||||
8 | similar provision of a local
ordinance, and the professional | ||||||
9 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
10 | education, neither the treatment nor the education
shall be the | ||||||
11 | sole disposition and either or both may be imposed only in
| ||||||
12 | conjunction with another disposition. The court shall monitor | ||||||
13 | compliance with
any remedial education or treatment | ||||||
14 | recommendations contained in the
professional evaluation. | ||||||
15 | Programs conducting alcohol or other drug evaluation
or | ||||||
16 | remedial education must be licensed by the Department of Human | ||||||
17 | Services. If
the individual is not a resident of Illinois, | ||||||
18 | however, the court may accept an
alcohol or other drug | ||||||
19 | evaluation or remedial education program in the
individual's | ||||||
20 | state of residence. Programs providing treatment must be | ||||||
21 | licensed
under existing applicable alcoholism and drug | ||||||
22 | treatment licensure standards.
| ||||||
23 | (m) In addition to any other fine or penalty required by | ||||||
24 | law, an individual
convicted of a 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, whose operation of a motor vehicle, | ||||||
2 | snowmobile, or
watercraft while in
violation of subsection (a), | ||||||
3 | Section 5-7 of the Snowmobile Registration and
Safety Act, | ||||||
4 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
5 | similar
provision proximately caused an incident resulting in | ||||||
6 | an appropriate emergency
response, shall be required to make | ||||||
7 | restitution to a public agency for the
costs of that emergency | ||||||
8 | response. The restitution may not exceed $1,000 per
public | ||||||
9 | agency for each emergency response. As used in this subsection | ||||||
10 | (m),
"emergency response" means any incident requiring a | ||||||
11 | response by a police
officer, a firefighter carried on the | ||||||
12 | rolls of a regularly constituted fire
department, or an | ||||||
13 | ambulance.
| ||||||
14 | (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||||||
15 | 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||||||
16 | 93-840, eff. 7-30-04; 94-329, eff. 1-1-06; 94-963, eff. | ||||||
17 | 6-28-06.)
| ||||||
18 | Section 10. The Snowmobile Registration and Safety Act is | ||||||
19 | amended by changing Section 5-7 as follows:
| ||||||
20 | (625 ILCS 40/5-7)
| ||||||
21 | Sec. 5-7. Operating a snowmobile while under the influence | ||||||
22 | of alcohol or
other drug or drugs, intoxicating compound or | ||||||
23 | compounds, or a combination of
them; criminal penalties; | ||||||
24 | suspension of operating privileges.
|
| |||||||
| |||||||
1 | (a) A person may not operate or be in actual physical | ||||||
2 | control of a
snowmobile within this State
while:
| ||||||
3 | 1. The alcohol concentration in that person's blood or | ||||||
4 | breath is a
concentration at which driving a motor vehicle | ||||||
5 | is prohibited under
subdivision (1) of subsection (a) of
| ||||||
6 | Section 11-501 of the Illinois Vehicle Code;
| ||||||
7 | 2. The person is under the influence of alcohol;
| ||||||
8 | 3. The person is under the influence of any other drug | ||||||
9 | or combination of
drugs to a degree that renders that | ||||||
10 | person incapable of safely operating a
snowmobile;
| ||||||
11 | 3.1. The person is under the influence of any | ||||||
12 | intoxicating compound or
combination of intoxicating | ||||||
13 | compounds to a degree that renders the person
incapable of | ||||||
14 | safely operating a snowmobile;
| ||||||
15 | 4. The person is under the combined influence of | ||||||
16 | alcohol and any other
drug or drugs or intoxicating | ||||||
17 | compound or compounds to a degree that
renders that person | ||||||
18 | incapable of safely
operating a snowmobile; or
| ||||||
19 | 5. There is any amount of a drug, substance, or | ||||||
20 | compound in that person's
breath, blood, or urine resulting | ||||||
21 | from the unlawful use or consumption
of cannabis
listed in | ||||||
22 | the Cannabis Control Act, controlled substance listed in | ||||||
23 | the
Illinois Controlled Substances Act, or intoxicating | ||||||
24 | compound listed in the
use
of Intoxicating Compounds Act.
| ||||||
25 | (b) The fact that a person charged with violating this | ||||||
26 | Section is or has
been legally entitled to use alcohol, other |
| |||||||
| |||||||
1 | drug or drugs, any
intoxicating
compound or compounds, or any | ||||||
2 | combination of them does not constitute a
defense against a | ||||||
3 | charge of violating this Section.
| ||||||
4 | (c) Every person convicted of violating this Section or a | ||||||
5 | similar
provision of a local ordinance is guilty of a
Class A | ||||||
6 | misdemeanor, except as otherwise provided in this Section.
| ||||||
7 | (c-1) As used in this Section, "first time offender" means | ||||||
8 | any person who has not had a previous conviction or been | ||||||
9 | assigned supervision for violating this Section or a similar | ||||||
10 | provision of a local ordinance, or any person who has not had a | ||||||
11 | suspension imposed under subsection (e) of Section 5-7.1. | ||||||
12 | (c-2) For purposes of this Section, the following are | ||||||
13 | equivalent to a conviction: | ||||||
14 | (1) a forfeiture of bail or collateral deposited to | ||||||
15 | secure a defendant's appearance in court when forfeiture | ||||||
16 | has not been vacated; or | ||||||
17 | (2) the failure of a defendant to appear for trial.
| ||||||
18 | (d) Every person convicted of violating this Section is | ||||||
19 | guilty of a
Class 4 felony if:
| ||||||
20 | 1. The person has a previous conviction under this | ||||||
21 | Section;
| ||||||
22 | 2. The offense results in personal injury where a | ||||||
23 | person other than the
operator suffers great bodily harm or | ||||||
24 | permanent disability or disfigurement,
when the violation | ||||||
25 | was a proximate cause of the injuries.
A person guilty of a | ||||||
26 | Class 4 felony under this paragraph 2, if sentenced to a
|
| |||||||
| |||||||
1 | term of imprisonment, shall be sentenced to not less than | ||||||
2 | one year nor more
than
12 years; or
| ||||||
3 | 3. The offense occurred during a period in which the | ||||||
4 | person's privileges
to
operate a snowmobile are revoked or | ||||||
5 | suspended, and the revocation or
suspension was for a | ||||||
6 | violation of this Section or was imposed under Section
| ||||||
7 | 5-7.1.
| ||||||
8 | (e) Every person convicted of violating this Section is | ||||||
9 | guilty
of a
Class 2 felony if the offense results in the death | ||||||
10 | of a person.
A person guilty of a Class 2 felony under this | ||||||
11 | subsection (e), if sentenced
to
a term of imprisonment, shall | ||||||
12 | be sentenced to a term of not less than 3 years
and not more | ||||||
13 | than 14 years.
| ||||||
14 | (e-1) Every person convicted of violating this Section or a | ||||||
15 | similar
provision of a local ordinance who had a child under | ||||||
16 | the age of 16 on board the
snowmobile at the time of offense | ||||||
17 | shall be subject to a mandatory minimum fine
of $500 and shall | ||||||
18 | be subject to a mandatory minimum of 5 days of community
| ||||||
19 | service in a program benefiting children. The assignment under | ||||||
20 | this subsection
shall not be subject to suspension nor shall | ||||||
21 | the person be eligible for
probation in order to reduce the | ||||||
22 | assignment.
| ||||||
23 | (e-2) Every person found guilty of violating this Section, | ||||||
24 | whose operation
of
a snowmobile while in violation of this | ||||||
25 | Section proximately caused any incident
resulting in an | ||||||
26 | appropriate emergency response, shall be liable for the expense
|
| |||||||
| |||||||
1 | of an emergency response as provided in subsection (m) of | ||||||
2 | Section 11-501 of the Illinois Vehicle Code
under Section 5-5-3 | ||||||
3 | of the Unified Code of
Corrections .
| ||||||
4 | (e-3) In addition to any other penalties and liabilities, a | ||||||
5 | person who is
found guilty of violating this Section, including | ||||||
6 | any person placed on court
supervision, shall be fined $100, | ||||||
7 | payable to the circuit clerk, who shall
distribute the money to | ||||||
8 | the law enforcement agency that made the arrest. In the
event | ||||||
9 | that more than one agency is responsible for the arrest, the | ||||||
10 | $100
shall be shared equally. Any moneys received by a law | ||||||
11 | enforcement agency under
this subsection (e-3) shall be used to | ||||||
12 | purchase law enforcement equipment or to
provide law | ||||||
13 | enforcement training that will assist in the prevention of | ||||||
14 | alcohol
related criminal violence throughout the State. Law | ||||||
15 | enforcement equipment shall
include, but is not limited to, | ||||||
16 | in-car video cameras, radar and laser speed
detection devices, | ||||||
17 | and alcohol breath testers.
| ||||||
18 | (f) In addition to any criminal penalties imposed, the
| ||||||
19 | Department of Natural Resources shall suspend the
snowmobile | ||||||
20 | operation privileges of
a person convicted or found guilty of a | ||||||
21 | misdemeanor under this
Section for a period of one
year, except | ||||||
22 | that first-time offenders are exempt from
this mandatory one | ||||||
23 | year suspension.
| ||||||
24 | (g) In addition to any criminal penalties imposed, the | ||||||
25 | Department of Natural
Resources shall suspend for a period of 5 | ||||||
26 | years the snowmobile operation
privileges of any person |
| |||||||
| |||||||
1 | convicted or found guilty of a felony under this
Section.
| ||||||
2 | (Source: P.A. 93-156, eff. 1-1-04; 94-214, eff. 1-1-06.)
| ||||||
3 | Section 15. The Boat Registration and Safety Act is amended | ||||||
4 | by changing Section 5-16 as follows:
| ||||||
5 | (625 ILCS 45/5-16)
| ||||||
6 | Sec. 5-16. Operating a watercraft under the influence of | ||||||
7 | alcohol,
other drug or drugs, intoxicating compound or | ||||||
8 | compounds, or combination
thereof.
| ||||||
9 | (A) 1. A person shall not operate or be in actual physical | ||||||
10 | control of
any
watercraft within this State while:
| ||||||
11 | (a) The alcohol concentration in such person's | ||||||
12 | blood or breath is a
concentration at which driving a | ||||||
13 | motor vehicle is prohibited under subdivision
(1) of | ||||||
14 | subsection (a) of
Section 11-501 of the Illinois | ||||||
15 | Vehicle Code;
| ||||||
16 | (b) Under the influence of alcohol;
| ||||||
17 | (c) Under the influence of any other drug or | ||||||
18 | combination of drugs to a
degree which renders such | ||||||
19 | person incapable of safely operating
any watercraft;
| ||||||
20 | (c-1) Under the influence of any intoxicating | ||||||
21 | compound or combination
of
intoxicating compounds to a | ||||||
22 | degree that renders the person incapable of safely
| ||||||
23 | operating
any watercraft;
| ||||||
24 | (d) Under the combined influence of alcohol and any |
| |||||||
| |||||||
1 | other drug or
drugs to a degree which renders such | ||||||
2 | person incapable of safely operating
a watercraft; or
| ||||||
3 | (e) There is any amount of a drug, substance, or | ||||||
4 | compound in the
person's blood or urine resulting from | ||||||
5 | the unlawful use or consumption of
cannabis listed in | ||||||
6 | the Cannabis Control Act, a
controlled substance
| ||||||
7 | listed in the Illinois Controlled Substances Act, or an | ||||||
8 | intoxicating compound
listed in the Use of | ||||||
9 | Intoxicating Compounds Act.
| ||||||
10 | 2. The fact that any person charged with violating this | ||||||
11 | Section is or
has been legally entitled to use alcohol, | ||||||
12 | other drug or drugs, any
intoxicating compound or | ||||||
13 | compounds, or any combination of
them, shall not constitute | ||||||
14 | a defense against any charge of
violating this
Section.
| ||||||
15 | 3. Every person convicted of violating this Section | ||||||
16 | shall be guilty of a
Class A misdemeanor, except as | ||||||
17 | otherwise provided in this Section.
| ||||||
18 | 4. Every person convicted of violating this Section | ||||||
19 | shall be guilty of a
Class 4 felony if:
| ||||||
20 | (a) He has a previous conviction under this | ||||||
21 | Section;
| ||||||
22 | (b) The offense results in personal injury where a | ||||||
23 | person other than the
operator suffers great bodily | ||||||
24 | harm or permanent disability or disfigurement,
when | ||||||
25 | the violation was a proximate cause of the injuries. A | ||||||
26 | person guilty of a
Class 4 felony under this |
| |||||||
| |||||||
1 | subparagraph (b), if sentenced
to a term of | ||||||
2 | imprisonment, shall be sentenced to a term of not less | ||||||
3 | than
one year nor more than 12 years; or
| ||||||
4 | (c) The offense occurred during a period in which | ||||||
5 | his or her
privileges
to
operate
a watercraft are | ||||||
6 | revoked or suspended, and the revocation or suspension | ||||||
7 | was for
a
violation of this Section or was imposed | ||||||
8 | under subsection (B).
| ||||||
9 | 5. Every person convicted of violating this Section | ||||||
10 | shall be
guilty of a Class 2 felony if the offense results | ||||||
11 | in the death of a
person.
A person guilty of a Class 2 | ||||||
12 | felony under this paragraph 5, if sentenced to a
term of | ||||||
13 | imprisonment, shall be sentenced to a term of not less than | ||||||
14 | 3 years
and not more than 14 years.
| ||||||
15 | 5.1. A person convicted of violating this Section or a | ||||||
16 | similar
provision
of a
local
ordinance who had a child | ||||||
17 | under the age of 16 aboard the watercraft at the
time of | ||||||
18 | offense is
subject to a mandatory minimum fine of $500 and | ||||||
19 | to a mandatory minimum of 5
days of
community service in a | ||||||
20 | program benefiting children. The assignment under this
| ||||||
21 | paragraph 5.1 is
not subject to suspension and the person | ||||||
22 | is not eligible for probation in order
to reduce the
| ||||||
23 | assignment.
| ||||||
24 | 5.2. A person found guilty of violating this Section, | ||||||
25 | if his or her
operation
of a watercraft
while in violation | ||||||
26 | of this Section proximately caused any incident resulting |
| |||||||
| |||||||
1 | in
an appropriate
emergency response, is liable for the | ||||||
2 | expense of an emergency response as
provided in subsection | ||||||
3 | (m) of Section 11-501 of the Illinois Vehicle Code
under
| ||||||
4 | Section 5-5-3 of the Unified Code of Corrections .
| ||||||
5 | 5.3. In addition to any other penalties and | ||||||
6 | liabilities, a person who is
found
guilty of
violating this | ||||||
7 | Section, including any person placed on court supervision,
| ||||||
8 | shall be fined $100,
payable to the circuit clerk, who | ||||||
9 | shall distribute the money to the law
enforcement agency | ||||||
10 | that
made the arrest. In the event that more than one | ||||||
11 | agency is responsible for the
arrest, the $100
shall be | ||||||
12 | shared equally. Any moneys received by a law enforcement | ||||||
13 | agency under
this
paragraph 5.3 shall be used to purchase | ||||||
14 | law enforcement equipment or to provide
law
enforcement | ||||||
15 | training that will assist in the prevention of alcohol | ||||||
16 | related
criminal violence
throughout the State. Law | ||||||
17 | enforcement equipment shall include, but is not
limited to, | ||||||
18 | in-car
video cameras, radar and laser speed detection | ||||||
19 | devices, and alcohol breath
testers.
| ||||||
20 | 6. (a) In addition to any criminal penalties imposed, | ||||||
21 | the Department of
Natural Resources shall suspend the | ||||||
22 | watercraft operation privileges of any
person
| ||||||
23 | convicted or found guilty of a misdemeanor under this | ||||||
24 | Section, a similar provision of a local ordinance, or | ||||||
25 | Title 46 of the U.S. Code of Federal Regulations for a | ||||||
26 | period
of one year, except that a first time offender |
| |||||||
| |||||||
1 | is exempt from this mandatory
one year suspension.
| ||||||
2 | As used in this subdivision (A)6(a), "first time | ||||||
3 | offender" means any person who has not had a previous | ||||||
4 | conviction or been assigned supervision for violating | ||||||
5 | this Section, a similar provision of a local ordinance | ||||||
6 | or, Title 46 of the U.S. Code of Federal Regulations, | ||||||
7 | or any person who has not had a suspension imposed | ||||||
8 | under subdivision (B)3.1 of Section 5-16.
| ||||||
9 | (b) In addition to any criminal penalties imposed, | ||||||
10 | the Department of
Natural Resources shall suspend the | ||||||
11 | watercraft operation privileges of any
person
| ||||||
12 | convicted of a felony under this Section, a similar | ||||||
13 | provision of a local ordinance, or Title 46 of the U.S. | ||||||
14 | Code of Federal Regulations for a period of 3 years.
| ||||||
15 | (B) 1. Any person who operates or is in actual physical | ||||||
16 | control of any
watercraft upon the waters of this
State | ||||||
17 | shall be deemed to have given consent to a chemical test or | ||||||
18 | tests of
blood, breath or urine for the purpose of | ||||||
19 | determining the content of
alcohol, other
drug or drugs, | ||||||
20 | intoxicating compound or compounds, or combination thereof
| ||||||
21 | in the person's blood if arrested for
any offense of | ||||||
22 | subsection (A) above. The chemical test or tests shall be
| ||||||
23 | administered at
the direction of the arresting officer.
The | ||||||
24 | law enforcement agency employing the
officer shall | ||||||
25 | designate which of the tests shall be administered. A
urine | ||||||
26 | test may be
administered even after a blood or breath test |
| |||||||
| |||||||
1 | or both has been administered.
| ||||||
2 | 1.1. For the purposes of this Section, an Illinois Law | ||||||
3 | Enforcement
officer of
this
State who is investigating the | ||||||
4 | person for any offense defined in Section 5-16
may travel
| ||||||
5 | into an adjoining state, where the person has been | ||||||
6 | transported for medical care
to
complete an investigation, | ||||||
7 | and may request that the person submit to the test
or
tests | ||||||
8 | set
forth in this Section. The requirements of this Section | ||||||
9 | that the person be
arrested are
inapplicable, but the | ||||||
10 | officer shall issue the person a uniform citation for an
| ||||||
11 | offense as
defined in Section 5-16 or a similar provision | ||||||
12 | of a local ordinance prior to
requesting that
the person | ||||||
13 | submit to the test or tests. The issuance of the uniform | ||||||
14 | citation
shall not
constitute an arrest, but shall be for | ||||||
15 | the purpose of notifying the person that
he or she is
| ||||||
16 | subject to the provisions of this Section and of the | ||||||
17 | officer's belief in the
existence of
probable cause to | ||||||
18 | arrest. Upon returning to this State, the officer shall | ||||||
19 | file
the uniform
citation with the circuit clerk of the | ||||||
20 | county where the offense was committed
and shall
seek the | ||||||
21 | issuance of an arrest warrant or a summons for the person.
| ||||||
22 | 1.2. Notwithstanding any ability to refuse under this | ||||||
23 | Act to submit to
these
tests
or any ability to revoke the | ||||||
24 | implied consent to these tests, if a law
enforcement | ||||||
25 | officer
has probable cause to believe that a watercraft | ||||||
26 | operated by or under actual
physical
control of a person |
| |||||||
| |||||||
1 | under the influence of alcohol, other drug or drugs,
| ||||||
2 | intoxicating
compound or compounds, or any combination of | ||||||
3 | them has caused the death of or
personal
injury to another, | ||||||
4 | that person shall submit, upon the request of a law
| ||||||
5 | enforcement officer,
to a chemical test or tests of his or | ||||||
6 | her blood, breath, or urine for the
purpose of
determining | ||||||
7 | the alcohol content or the presence of any other drug, | ||||||
8 | intoxicating
compound, or
combination
of them. For the | ||||||
9 | purposes of this Section, a personal injury includes severe
| ||||||
10 | bleeding
wounds, distorted extremities, and injuries that | ||||||
11 | require the injured party to
be carried
from the scene for | ||||||
12 | immediate professional attention in either a doctor's | ||||||
13 | office
or a
medical facility.
| ||||||
14 | 2. Any person who is dead, unconscious or who is | ||||||
15 | otherwise in a condition
rendering such person incapable of | ||||||
16 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
17 | provided above, and the test may be administered.
| ||||||
18 | 3. A person requested to submit to a chemical test as | ||||||
19 | provided above
shall be
verbally advised by the law | ||||||
20 | enforcement officer requesting the test that a
refusal to | ||||||
21 | submit to the test will result in suspension of such | ||||||
22 | person's
privilege to operate a watercraft for a minimum of | ||||||
23 | 2 years. Following this
warning, if a person
under arrest | ||||||
24 | refuses upon the request of a law enforcement officer to
| ||||||
25 | submit to a test designated by the officer, no test
shall | ||||||
26 | be given, but the law enforcement officer shall file with |
| |||||||
| |||||||
1 | the clerk
of the circuit court for the county in which the | ||||||
2 | arrest was made, and with
the Department of Natural | ||||||
3 | Resources, a sworn
statement naming the person refusing to | ||||||
4 | take and complete the chemical test
or tests
requested | ||||||
5 | under the provisions of this Section. Such sworn statement | ||||||
6 | shall
identify the arrested person, such person's current | ||||||
7 | residence address and
shall specify that a refusal by such | ||||||
8 | person to take the chemical test or
tests was
made. Such | ||||||
9 | sworn statement shall include a statement that the | ||||||
10 | arresting
officer had reasonable cause to believe the | ||||||
11 | person was operating or was in
actual physical control of | ||||||
12 | the
watercraft within this State while under the influence | ||||||
13 | of alcohol, other
drug or drugs, intoxicating compound or | ||||||
14 | compounds, or combination thereof
and that such
chemical | ||||||
15 | test or tests were made as an
incident to and following the | ||||||
16 | lawful arrest for an offense as defined in
this Section or | ||||||
17 | a similar provision of a local ordinance, and that the
| ||||||
18 | person after being arrested for an offense arising out of | ||||||
19 | acts alleged to
have been committed while so operating a | ||||||
20 | watercraft refused to submit to
and complete a chemical | ||||||
21 | test or tests as requested by the law enforcement
officer.
| ||||||
22 | 3.1. The law enforcement officer submitting the sworn | ||||||
23 | statement as
provided in
paragraph 3 of this subsection (B) | ||||||
24 | shall serve immediate written notice upon
the
person | ||||||
25 | refusing the chemical test or tests that the person's | ||||||
26 | privilege to
operate a
watercraft within this State will be |
| |||||||
| |||||||
1 | suspended for a period of 2 years unless,
within 28 days | ||||||
2 | from the date of the notice, the person requests in writing | ||||||
3 | a
hearing
on the suspension.
| ||||||
4 | If the person desires a hearing, such person
shall file | ||||||
5 | a complaint in the circuit court for and in the county in | ||||||
6 | which
such person was arrested for such hearing. Such | ||||||
7 | hearing shall proceed in
the court in the same manner as | ||||||
8 | other civil proceedings, shall cover only
the issues of | ||||||
9 | whether the person was placed under arrest for an offense | ||||||
10 | as
defined in this Section or a similar provision of a | ||||||
11 | local ordinance as
evidenced by the issuance of a uniform | ||||||
12 | citation; whether the arresting
officer had reasonable | ||||||
13 | grounds to believe that such person was operating a
| ||||||
14 | watercraft while under the influence of alcohol, other drug | ||||||
15 | or drugs,
intoxicating compound or compounds, or | ||||||
16 | combination
thereof; and whether such person refused to | ||||||
17 | submit and complete the
chemical test or
tests upon the | ||||||
18 | request of the law enforcement officer. Whether the person
| ||||||
19 | was informed that such person's privilege to operate a | ||||||
20 | watercraft would be
suspended if such person refused to | ||||||
21 | submit to the chemical test or tests
shall not be an
issue.
| ||||||
22 | If the person fails to request in writing a hearing | ||||||
23 | within 28 days from
the date of notice, or if a hearing is | ||||||
24 | held and the court finds against the
person on the issues | ||||||
25 | before the court, the
clerk shall immediately notify the | ||||||
26 | Department of Natural Resources, and the Department shall |
| |||||||
| |||||||
1 | suspend the watercraft operation
privileges of the person | ||||||
2 | for at least 2 years.
| ||||||
3 | 3.2. If the person submits to a test that discloses an | ||||||
4 | alcohol
concentration
of 0.08
or more, or any amount of a | ||||||
5 | drug, substance or intoxicating compound in the
person's
| ||||||
6 | breath, blood, or urine resulting from the unlawful use of | ||||||
7 | cannabis listed in
the Cannabis
Control Act, a controlled | ||||||
8 | substance listed in the Illinois Controlled
Substances | ||||||
9 | Act, or an
intoxicating compound listed in the Use of | ||||||
10 | Intoxicating Compounds Act, the law
enforcement officer | ||||||
11 | shall immediately submit a sworn report to the circuit
| ||||||
12 | clerk of venue
and the Department of Natural Resources, | ||||||
13 | certifying that the test or tests were
requested
under | ||||||
14 | paragraph 1 of this subsection (B) and the person submitted | ||||||
15 | to testing
that
disclosed an alcohol concentration of 0.08 | ||||||
16 | or more.
| ||||||
17 | In cases where the blood alcohol concentration of 0.08 | ||||||
18 | or greater or any
amount of
drug, substance or compound | ||||||
19 | resulting from the unlawful use of cannabis, a
controlled
| ||||||
20 | substance or an intoxicating compound is established by a | ||||||
21 | subsequent analysis
of blood
or urine collected at the time | ||||||
22 | of arrest, the arresting officer or arresting
agency shall
| ||||||
23 | immediately submit a sworn report to the circuit clerk of | ||||||
24 | venue and the
Department of
Natural Resources upon receipt | ||||||
25 | of the test results.
| ||||||
26 | 4. A person must submit to each chemical test offered |
| |||||||
| |||||||
1 | by the law
enforcement
officer
in order to comply with the | ||||||
2 | implied consent provisions of this Section.
| ||||||
3 | 5. The provisions of Section 11-501.2 of the Illinois | ||||||
4 | Vehicle Code, as
amended, concerning the certification and | ||||||
5 | use of chemical tests apply to the
use of such tests under | ||||||
6 | this Section.
| ||||||
7 | (C) Upon the trial of any civil or criminal action or | ||||||
8 | proceeding arising out
of acts alleged to have been committed | ||||||
9 | by any person while operating a
watercraft while under the | ||||||
10 | influence of alcohol, the concentration of alcohol
in the | ||||||
11 | person's blood or breath at the time alleged as shown by | ||||||
12 | analysis of a
person's blood, urine, breath, or other bodily | ||||||
13 | substance shall give rise to the
presumptions specified in | ||||||
14 | subdivisions 1, 2, and 3 of
subsection (b) of Section 11-501.2 | ||||||
15 | of the Illinois Vehicle Code. The foregoing
provisions of this | ||||||
16 | subsection (C) shall not be
construed
as limiting the | ||||||
17 | introduction of any other relevant evidence bearing upon the
| ||||||
18 | question whether the person was under the influence of alcohol.
| ||||||
19 | (D) If a person under arrest refuses to submit to a | ||||||
20 | chemical test under
the provisions of this Section, evidence of | ||||||
21 | refusal shall be admissible in
any civil or criminal action or | ||||||
22 | proceeding arising out of acts alleged to
have been committed | ||||||
23 | while the person under the influence of alcohol,
other drug or | ||||||
24 | drugs, intoxicating compound or compounds, or combination
of | ||||||
25 | them was operating a watercraft.
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26 | (E) The owner of any watercraft or any person given |
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| |||||||
1 | supervisory
authority over a watercraft, may not knowingly | ||||||
2 | permit a watercraft to be
operated by any person under the | ||||||
3 | influence of alcohol, other drug or drugs,
intoxicating | ||||||
4 | compound or compounds, or
combination thereof.
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5 | (F) Whenever any person is convicted or found guilty of a | ||||||
6 | violation of
this
Section, including any person placed on court | ||||||
7 | supervision, the court shall
notify the Office of Law | ||||||
8 | Enforcement of the
Department of Natural Resources, to provide | ||||||
9 | the Department with the records
essential for the performance | ||||||
10 | of the Department's duties to monitor and enforce
any order of | ||||||
11 | suspension or revocation concerning the privilege to operate a
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12 | watercraft.
| ||||||
13 | (G) No person who has been arrested and charged for | ||||||
14 | violating paragraph 1 of
subsection (A) of this Section shall | ||||||
15 | operate any watercraft within this State
for a period of 24 | ||||||
16 | hours after such arrest.
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17 | (Source: P.A. 93-156, eff. 1-1-04; 94-214, eff. 1-1-06.)
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|