100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2606

 

Introduced , by Rep. Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-501  from Ch. 95 1/2, par. 11-501

    Amends the Illinois Vehicle Code. Provides that a person commits aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, if the person drives a motor vehicle in violation of driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, and, in committing the violation, the person is involved in a motor vehicle accident that results in property damage of more than $5,000, if the violation was the proximate cause of the damage. Provides that the provision does not apply to any damage caused to another motor vehicle.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-501 as follows:
 
6    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
7    Sec. 11-501. Driving while under the influence of alcohol,
8other drug or drugs, intoxicating compound or compounds or any
9combination thereof.
10    (a) A person shall not drive or be in actual physical
11control of any vehicle within this State while:
12        (1) the alcohol concentration in the person's blood,
13    other bodily substance, or breath is 0.08 or more based on
14    the definition of blood and breath units in Section
15    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;
3        (6) there is any amount of a drug, substance, or
4    compound in the person's breath, blood, other bodily
5    substance, or urine resulting from the unlawful use or
6    consumption of a controlled substance listed in the
7    Illinois Controlled Substances Act, an intoxicating
8    compound listed in the Use of Intoxicating Compounds Act,
9    or methamphetamine as listed in the Methamphetamine
10    Control and Community Protection Act; or
11        (7) the person has, within 2 hours of driving or being
12    in actual physical control of a vehicle, a
13    tetrahydrocannabinol concentration in the person's whole
14    blood or other bodily substance as defined in paragraph 6
15    of subsection (a) of Section 11-501.2 of this Code. Subject
16    to all other requirements and provisions under this
17    Section, this paragraph (7) does not apply to the lawful
18    consumption of cannabis by a qualifying patient licensed
19    under the Compassionate Use of Medical Cannabis Pilot
20    Program Act who is in possession of a valid registry card
21    issued under that Act, unless that person is impaired by
22    the use of cannabis.
23    (b) The fact that any person charged with violating this
24Section is or has been legally entitled to use alcohol,
25cannabis under the Compassionate Use of Medical Cannabis Pilot
26Program Act, other drug or drugs, or intoxicating compound or

 

 

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1compounds, or any combination thereof, shall not constitute a
2defense against any charge of violating this Section.
3    (c) Penalties.
4        (1) Except as otherwise provided in this Section, any
5    person convicted of violating subsection (a) of this
6    Section is guilty of a Class A misdemeanor.
7        (2) A person who violates subsection (a) or a similar
8    provision a second time shall be sentenced to a mandatory
9    minimum term of either 5 days of imprisonment or 240 hours
10    of community service in addition to any other criminal or
11    administrative sanction.
12        (3) A person who violates subsection (a) is subject to
13    6 months of imprisonment, an additional mandatory minimum
14    fine of $1,000, and 25 days of community service in a
15    program benefiting children if the person was transporting
16    a person under the age of 16 at the time of the violation.
17        (4) A person who violates subsection (a) a first time,
18    if the alcohol concentration in his or her blood, breath,
19    other bodily substance, or urine was 0.16 or more based on
20    the definition of blood, breath, other bodily substance, or
21    urine units in Section 11-501.2, shall be subject, in
22    addition to any other penalty that may be imposed, to a
23    mandatory minimum of 100 hours of community service and a
24    mandatory minimum fine of $500.
25        (5) A person who violates subsection (a) a second time,
26    if at the time of the second violation the alcohol

 

 

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1    concentration in his or her blood, breath, other bodily
2    substance, or urine was 0.16 or more based on the
3    definition of blood, breath, other bodily substance, or
4    urine units in Section 11-501.2, shall be subject, in
5    addition to any other penalty that may be imposed, to a
6    mandatory minimum of 2 days of imprisonment and a mandatory
7    minimum fine of $1,250.
8    (d) Aggravated driving under the influence of alcohol,
9other drug or drugs, or intoxicating compound or compounds, or
10any combination thereof.
11        (1) Every person convicted of committing a violation of
12    this Section shall be guilty of aggravated driving under
13    the influence of alcohol, other drug or drugs, or
14    intoxicating compound or compounds, or any combination
15    thereof if:
16            (A) the person committed a violation of subsection
17        (a) or a similar provision for the third or subsequent
18        time;
19            (B) the person committed a violation of subsection
20        (a) while driving a school bus with one or more
21        passengers on board;
22            (C) the person in committing a violation of
23        subsection (a) was involved in a motor vehicle accident
24        that resulted in great bodily harm or permanent
25        disability or disfigurement to another, when the
26        violation was a proximate cause of the injuries;

 

 

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1            (D) the person committed a violation of subsection
2        (a) and has been previously convicted of violating
3        Section 9-3 of the Criminal Code of 1961 or the
4        Criminal Code of 2012 or a similar provision of a law
5        of another state relating to reckless homicide in which
6        the person was determined to have been under the
7        influence of alcohol, other drug or drugs, or
8        intoxicating compound or compounds as an element of the
9        offense or the person has previously been convicted
10        under subparagraph (C) or subparagraph (F) of this
11        paragraph (1);
12            (E) the person, in committing a violation of
13        subsection (a) while driving at any speed in a school
14        speed zone at a time when a speed limit of 20 miles per
15        hour was in effect under subsection (a) of Section
16        11-605 of this Code, was involved in a motor vehicle
17        accident that resulted in bodily harm, other than great
18        bodily harm or permanent disability or disfigurement,
19        to another person, when the violation of subsection (a)
20        was a proximate cause of the bodily harm;
21            (F) the person, in committing a violation of
22        subsection (a), was involved in a motor vehicle,
23        snowmobile, all-terrain vehicle, or watercraft
24        accident that resulted in the death of another person,
25        when the violation of subsection (a) was a proximate
26        cause of the death;

 

 

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1            (G) the person committed a violation of subsection
2        (a) during a period in which the defendant's driving
3        privileges are revoked or suspended, where the
4        revocation or suspension was for a violation of
5        subsection (a) or a similar provision, Section
6        11-501.1, paragraph (b) of Section 11-401, or for
7        reckless homicide as defined in Section 9-3 of the
8        Criminal Code of 1961 or the Criminal Code of 2012;
9            (H) the person committed the violation while he or
10        she did not possess a driver's license or permit or a
11        restricted driving permit or a judicial driving permit
12        or a monitoring device driving permit;
13            (I) the person committed the violation while he or
14        she knew or should have known that the vehicle he or
15        she was driving was not covered by a liability
16        insurance policy;
17            (J) the person in committing a violation of
18        subsection (a) was involved in a motor vehicle accident
19        that resulted in bodily harm, but not great bodily
20        harm, to the child under the age of 16 being
21        transported by the person, if the violation was the
22        proximate cause of the injury;
23            (K) the person in committing a second violation of
24        subsection (a) or a similar provision was transporting
25        a person under the age of 16; or
26            (L) the person committed a violation of subsection

 

 

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1        (a) of this Section while transporting one or more
2        passengers in a vehicle for-hire.
3            (M) the person in committing a violation of
4        subsection (a) of this Section was involved in a motor
5        vehicle accident that resulted in property damage of
6        more than $5,000, if the violation was the proximate
7        cause of the damage. This subparagraph (M) does not
8        apply to any damage caused to another motor vehicle.
9        (2)(A) Except as provided otherwise, a person
10    convicted of aggravated driving under the influence of
11    alcohol, other drug or drugs, or intoxicating compound or
12    compounds, or any combination thereof is guilty of a Class
13    4 felony.
14        (B) A third violation of this Section or a similar
15    provision is a Class 2 felony. If at the time of the third
16    violation the alcohol concentration in his or her blood,
17    breath, other bodily substance, or urine was 0.16 or more
18    based on the definition of blood, breath, other bodily
19    substance, or urine units in Section 11-501.2, a mandatory
20    minimum of 90 days of imprisonment and a mandatory minimum
21    fine of $2,500 shall be imposed in addition to any other
22    criminal or administrative sanction. If at the time of the
23    third violation, the defendant was transporting a person
24    under the age of 16, a mandatory fine of $25,000 and 25
25    days of community service in a program benefiting children
26    shall be imposed in addition to any other criminal or

 

 

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1    administrative sanction.
2        (C) A fourth violation of this Section or a similar
3    provision is a Class 2 felony, for which a sentence of
4    probation or conditional discharge may not be imposed. If
5    at the time of the violation, the alcohol concentration in
6    the defendant's blood, breath, other bodily substance, or
7    urine was 0.16 or more based on the definition of blood,
8    breath, other bodily substance, or urine units in Section
9    11-501.2, a mandatory minimum fine of $5,000 shall be
10    imposed in addition to any other criminal or administrative
11    sanction. If at the time of the fourth violation, the
12    defendant was transporting a person under the age of 16 a
13    mandatory fine of $25,000 and 25 days of community service
14    in a program benefiting children shall be imposed in
15    addition to any other criminal or administrative sanction.
16        (D) A fifth violation of this Section or a similar
17    provision is a Class 1 felony, for which a sentence of
18    probation or conditional discharge may not be imposed. If
19    at the time of the violation, the alcohol concentration in
20    the defendant's blood, breath, other bodily substance, or
21    urine was 0.16 or more based on the definition of blood,
22    breath, other bodily substance, or urine units in Section
23    11-501.2, a mandatory minimum fine of $5,000 shall be
24    imposed in addition to any other criminal or administrative
25    sanction. If at the time of the fifth violation, the
26    defendant was transporting a person under the age of 16, a

 

 

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1    mandatory fine of $25,000, and 25 days of community service
2    in a program benefiting children shall be imposed in
3    addition to any other criminal or administrative sanction.
4        (E) A sixth or subsequent violation of this Section or
5    similar provision is a Class X felony. If at the time of
6    the violation, the alcohol concentration in the
7    defendant's blood, breath, other bodily substance, or
8    urine was 0.16 or more based on the definition of blood,
9    breath, other bodily substance, or urine units in Section
10    11-501.2, a mandatory minimum fine of $5,000 shall be
11    imposed in addition to any other criminal or administrative
12    sanction. If at the time of the violation, the defendant
13    was transporting a person under the age of 16, a mandatory
14    fine of $25,000 and 25 days of community service in a
15    program benefiting children shall be imposed in addition to
16    any other criminal or administrative sanction.
17        (F) For a violation of subparagraph (C) of paragraph
18    (1) of this subsection (d), the defendant, if sentenced to
19    a term of imprisonment, shall be sentenced to not less than
20    one year nor more than 12 years.
21        (G) A violation of 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: (i) a term of imprisonment of not less than 3
26    years and not more than 14 years if the violation resulted

 

 

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1    in the death of one person; or (ii) 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.
4        (H) For a violation of subparagraph (J) of paragraph
5    (1) of this subsection (d), a mandatory fine of $2,500, and
6    25 days of community service in a program benefiting
7    children shall be imposed in addition to any other criminal
8    or administrative sanction.
9        (I) A violation of subparagraph (K) of paragraph (1) of
10    this subsection (d), is a Class 2 felony and a mandatory
11    fine of $2,500, and 25 days of community service in a
12    program benefiting children shall be imposed in addition to
13    any other criminal or administrative sanction. If the child
14    being transported suffered bodily harm, but not great
15    bodily harm, in a motor vehicle accident, and the violation
16    was the proximate cause of that injury, a mandatory fine of
17    $5,000 and 25 days of community service in a program
18    benefiting children shall be imposed in addition to any
19    other criminal or administrative sanction.
20        (J) A violation of subparagraph (D) of paragraph (1) of
21    this subsection (d) is a Class 3 felony, for which a
22    sentence of probation or conditional discharge may not be
23    imposed.
24        (3) Any person sentenced under this subsection (d) who
25    receives a term of probation or conditional discharge must
26    serve a minimum term of either 480 hours of community

 

 

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1    service or 10 days of imprisonment as a condition of the
2    probation or conditional discharge in addition to any other
3    criminal or administrative sanction.
4    (e) Any reference to a prior violation of subsection (a) or
5a similar provision includes any violation of a provision of a
6local ordinance or a provision of a law of another state or an
7offense committed on a military installation that is similar to
8a violation of subsection (a) of this Section.
9    (f) The imposition of a mandatory term of imprisonment or
10assignment of community service for a violation of this Section
11shall not be suspended or reduced by the court.
12    (g) Any penalty imposed for driving with a license that has
13been revoked for a previous violation of subsection (a) of this
14Section shall be in addition to the penalty imposed for any
15subsequent violation of subsection (a).
16    (h) For any prosecution under this Section, a certified
17copy of the driving abstract of the defendant shall be admitted
18as proof of any prior conviction.
19(Source: P.A. 98-122, eff. 1-1-14; 98-573, eff. 8-27-13;
2098-756, eff. 7-16-14; 99-697, eff. 7-29-16.)