103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4147

 

Introduced , by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-501  from Ch. 95 1/2, par. 11-501
750 ILCS 5/520 new

    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a defendant is found guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof where the violation has resulted in the death of another, the court shall order the defendant to pay an amount reasonable and necessary for support of any child of the victim. Sets forth factors the court shall consider when determining a reasonable and necessary amount of child support. Allows the Office of the Attorney General to enforce a child support order issued under the provisions. Makes a corresponding change in the Illinois Vehicle Code.


LRB103 34198 LNS 64021 b

 

 

A BILL FOR

 

HB4147LRB103 34198 LNS 64021 b

1    AN ACT concerning civil law.
 
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
5changing Section 11-501 as follows:
 
6    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
7    Sec. 11-501. Driving while under the influence of alcohol,
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
18    or 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

 

 

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1    drug or drugs, or intoxicating compound or compounds to a
2    degree that renders the person incapable of safely
3    driving;
4        (6) there is any amount of a drug, substance, or
5    compound in the person's breath, blood, other bodily
6    substance, or urine resulting from the unlawful use or
7    consumption of a controlled substance listed in the
8    Illinois Controlled Substances Act, an intoxicating
9    compound listed in the Use of Intoxicating Compounds Act,
10    or methamphetamine as listed in the Methamphetamine
11    Control and Community Protection Act; or
12        (7) the person has, within 2 hours of driving or being
13    in actual physical control of a vehicle, a
14    tetrahydrocannabinol concentration in the person's whole
15    blood or other bodily substance as defined in paragraph 6
16    of subsection (a) of Section 11-501.2 of this Code.
17    Subject to all other requirements and provisions under
18    this Section, this paragraph (7) does not apply to the
19    lawful consumption of cannabis by a qualifying patient
20    licensed under the Compassionate Use of Medical Cannabis
21    Program Act who is in possession of a valid registry card
22    issued under that Act, unless that person is impaired by
23    the use of cannabis.
24    (b) The fact that any person charged with violating this
25Section is or has been legally entitled to use alcohol,
26cannabis under the Compassionate Use of Medical Cannabis

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        (E) A sixth or subsequent violation of this Section or
2    similar provision is a Class X felony. If at the time of
3    the violation, the alcohol concentration in the
4    defendant's blood, breath, other bodily substance, or
5    urine was 0.16 or more based on the definition of blood,
6    breath, other bodily substance, or urine units in Section
7    11-501.2, a mandatory minimum fine of $5,000 shall be
8    imposed in addition to any other criminal or
9    administrative sanction. If at the time of the violation,
10    the defendant was transporting a person under the age of
11    16, a mandatory fine of $25,000 and 25 days of community
12    service in a program benefiting children shall be imposed
13    in addition to any other criminal or administrative
14    sanction.
15        (F) 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
18    than one year nor more than 12 years.
19        (G) A violation of subparagraph (F) of paragraph (1)
20    of this subsection (d) is a Class 2 felony, for which the
21    defendant, unless the court determines that extraordinary
22    circumstances exist and require probation, shall be
23    sentenced to: (i) a term of imprisonment of not less than 3
24    years and not more than 14 years if the violation resulted
25    in the death of one person; or (ii) a term of imprisonment
26    of not less than 6 years and not more than 28 years if the

 

 

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1    violation resulted in the deaths of 2 or more persons. A
2    defendant who violates subparagraph (F) of paragraph (1)
3    of this subsection (d) shall also be responsible to make
4    child support payments under Section 520 of the Illinois
5    Marriage and Dissolution of Marriage Act for any child of
6    any person whose death was a result of the violation.
7        (H) For a violation of subparagraph (J) of paragraph
8    (1) of this subsection (d), a mandatory fine of $2,500,
9    and 25 days of community service in a program benefiting
10    children shall be imposed in addition to any other
11    criminal or administrative sanction.
12        (I) A violation of subparagraph (K) of paragraph (1)
13    of this subsection (d), is a Class 2 felony and a mandatory
14    fine of $2,500, and 25 days of community service in a
15    program benefiting children shall be imposed in addition
16    to any other criminal or administrative sanction. If the
17    child being transported suffered bodily harm, but not
18    great bodily harm, in a motor vehicle crash, and the
19    violation was the proximate cause of that injury, a
20    mandatory fine of $5,000 and 25 days of community service
21    in a program benefiting children shall be imposed in
22    addition to any other criminal or administrative sanction.
23        (J) A violation of subparagraph (D) of paragraph (1)
24    of this subsection (d) is a Class 3 felony, for which a
25    sentence of probation or conditional discharge may not be
26    imposed.

 

 

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1        (3) Any person sentenced under this subsection (d) who
2    receives a term of probation or conditional discharge must
3    serve a minimum term of either 480 hours of community
4    service or 10 days of imprisonment as a condition of the
5    probation or conditional discharge in addition to any
6    other criminal or administrative sanction.
7    (e) Any reference to a prior violation of subsection (a)
8or a similar provision includes any violation of a provision
9of a local ordinance or a provision of a law of another state
10or an offense committed on a military installation that is
11similar to a violation of subsection (a) of this Section.
12    (f) The imposition of a mandatory term of imprisonment or
13assignment of community service for a violation of this
14Section shall not be suspended or reduced by the court.
15    (g) Any penalty imposed for driving with a license that
16has been revoked for a previous violation of subsection (a) of
17this Section shall be in addition to the penalty imposed for
18any subsequent violation of subsection (a).
19    (h) For any prosecution under this Section, a certified
20copy of the driving abstract of the defendant shall be
21admitted as proof of any prior conviction.
22(Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.)
 
23    Section 10. The Illinois Marriage and Dissolution of
24Marriage Act is amended by adding Section 520 as follows:
 

 

 

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1    (750 ILCS 5/520 new)
2    Sec. 520. Mandatory child support for victim of aggravated
3driving under the influence.
4    (a) If a defendant is found guilty of aggravated driving
5under the influence of alcohol, other drug or drugs, or
6intoxicating compound or compounds, or any combination thereof
7under subparagraph (F) of paragraph (1) of subsection (d) of
8Section 11-501 of the Illinois Vehicle Code where the
9violation has resulted in the death of another, the court
10shall order the defendant to pay an amount reasonable and
11necessary for support of any child of the victim.
12    (b) The court shall determine an amount to be paid monthly
13for the child support of a child until the child reaches the
14age of 18 or has graduated from high school, whichever is
15later. The court shall determine an amount for child support
16that is reasonable and necessary to support the child,
17considering all of the relevant factors, including:
18        (1) the financial needs and resources of the child;
19        (2) the financial needs and resources of the surviving
20    parent or guardian or other current guardian of the child
21    or, if applicable, the financial resources of the State if
22    the Department of Children and Family Services has been
23    appointed as temporary or permanent guardian of the child;
24        (3) the standard of living to which the child is
25    accustomed;
26        (4) the physical and emotional condition of the child

 

 

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1    and the child's educational needs;
2        (5) the child's physical and legal custody
3    arrangements;
4        (6) the reasonable work-related child care expenses of
5    the surviving parent or guardian or other current
6    guardian, if applicable; and
7        (7) the financial resources of the defendant.
8    (c) The child support order must require that payments be:
9        (1) made directly to the person or the agency that
10    will accept and forward payments to the surviving parent
11    or guardian or other current guardian;
12        (2) made directly to the surviving parent or guardian
13    or other current guardian; or
14        (3) delivered to a community supervision and
15    corrections department for transfer to the surviving
16    parent or guardian or other current guardian.
17    (d) If a defendant ordered to pay child support under this
18Section is unable to make the required payments because the
19defendant is confined or imprisoned in a correctional
20facility, the defendant shall begin payments not later than
21the first anniversary of the date of the defendant's release
22from the facility. The defendant may enter into a payment plan
23to address any arrearage that exists on the date of the
24defendant's release. The defendant must pay all arrearages
25regardless of whether the payments were scheduled to terminate
26while the defendant was confined or imprisoned in the

 

 

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1correctional facility.
2    (e) A child support order issued under this Section may be
3enforced by the Office of the Attorney General, or by a person
4or a parent or guardian of the person named in the order to
5receive the child support, in the same manner as a judgment in
6a civil action.
7    (f) As used in this Section, "child" includes any child
8under the age of 18 and any child who is still attending high
9school.