95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0607

 

Introduced 2/8/2007, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Vehicle Code and the Criminal Code of 1961. Transfers from the Criminal Code of 1961 to the Illinois Vehicle Code provisions for seizure and forfeiture of the vehicles of certain persons driving without a valid driver's license or permit or without liability insurance or who have committed specified violations while driving under the influence of alcohol, drugs, or intoxicating compounds. Establishes procedure for the forfeiture, including the right to a hearing for persons with a claim to the vehicle. Combines changes made by several Public Acts regarding driving under the influence with various changes concerning organization of the provisions, elements of offenses, penalties, and other matters. Makes corresponding changes in the Unified Code of Corrections.


LRB095 07293 DRH 27432 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL 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,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Sections 6-101, 6-206.2, 6-303, and 11-501 and by adding
6 Section 11-501.01, Chapter 16A, the heading of Article 16A,
7 16A-1, 16A-5, 16A-10, 16A-15, 16A-20, 16A-25, 16A-30, 16A-35,
8 16A-40, 16A-45, and 16A-50 as follows:
 
9     (625 ILCS 5/6-101)  (from Ch. 95 1/2, par. 6-101)
10     Sec. 6-101. Drivers must have licenses or permits.
11     (a) No person, except those expressly exempted by Section
12 6-102, shall drive any motor vehicle upon a highway in this
13 State unless such person has a valid license or permit, or a
14 restricted driving permit, issued under the provisions of this
15 Act.
16     (b) No person shall drive a motor vehicle unless he holds a
17 valid license or permit, or a restricted driving permit issued
18 under the provisions of Section 6-205, 6-206, or 6-113 of this
19 Act. Any person to whom a license is issued under the
20 provisions of this Act must surrender to the Secretary of State
21 all valid licenses or permits. No drivers license shall be
22 issued to any person who holds a valid Foreign State license,
23 identification card, or permit unless such person first

 

 

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1 surrenders to the Secretary of State any such valid Foreign
2 State license, identification card, or permit.
3     (b-5) Any person who commits a violation of subsection (a)
4 or (b) of this Section is guilty of a Class A misdemeanor, if
5 at the time of the violation the person's driver's license or
6 permit was cancelled under clause (a)9 of Section 6-201 of this
7 Code.
8     (c) Any person licensed as a driver hereunder shall not be
9 required by any city, village, incorporated town or other
10 municipal corporation to obtain any other license to exercise
11 the privilege thereby granted.
12     (d) In addition to other penalties imposed under this
13 Section, any person in violation of this Section who is also in
14 violation of Section 7-601 of this Code relating to mandatory
15 insurance requirements shall have his or her motor vehicle
16 immediately impounded by the arresting law enforcement
17 officer. The motor vehicle may be released to any licensed
18 driver upon a showing of proof of insurance for the motor
19 vehicle that was impounded and the notarized written consent
20 for the release by the vehicle owner.
21     (e) In addition to other penalties imposed under this
22 Section, the vehicle of any person in violation of this Section
23 who is also in violation of Section 7-601 of this Code relating
24 to mandatory insurance requirements and who, in violating this
25 Section, has caused death or personal injury to another person
26 is subject to forfeiture under Chapter 16A of this Code

 

 

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1 Sections 36-1 and 36-2 of the Criminal Code of 1961. For the
2 purposes of this Section, a personal injury shall include any
3 type A injury as indicated on the traffic accident report
4 completed by a law enforcement officer that requires immediate
5 professional attention in either a doctor's office or a medical
6 facility. A type A injury shall include severely bleeding
7 wounds, distorted extremities, and injuries that require the
8 injured party to be carried from the scene.
9 (Source: P.A. 93-187, eff. 7-11-03; 93-895, eff. 1-1-05;
10 94-993, eff. 1-1-07.)
 
11     (625 ILCS 5/6-206.2)
12     Sec. 6-206.2. Violations relating to an ignition interlock
13 device.
14     (a) It is unlawful for any person whose driving privilege
15 is restricted by being prohibited from operating a motor
16 vehicle not equipped with an ignition interlock device to
17 request or solicit any other person to blow into an ignition
18 interlock device or to start a motor vehicle equipped with the
19 device for the purpose of providing the person so restricted
20 with an operable motor vehicle.
21     (b) It is unlawful to blow into an ignition interlock
22 device or to start a motor vehicle equipped with the device for
23 the purpose of providing an operable motor vehicle to a person
24 whose driving privilege is restricted by being prohibited from
25 operating a motor vehicle not equipped with an ignition

 

 

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1 interlock device.
2     (c) It is unlawful to tamper with, or circumvent the
3 operation of, an ignition interlock device.
4     (d) Except as provided in subsection (c)(17) of Section
5 5-6-3.1 of the Unified Code of Corrections or by rule, no
6 person shall knowingly rent, lease, or lend a motor vehicle to
7 a person known to have his or her driving privilege restricted
8 by being prohibited from operating a vehicle not equipped with
9 an ignition interlock device, unless the vehicle is equipped
10 with a functioning ignition interlock device. Any person whose
11 driving privilege is so restricted shall notify any person
12 intending to rent, lease, or loan a motor vehicle to the
13 restricted person of the driving restriction imposed upon him
14 or her.
15     A person convicted of a violation of this subsection shall
16 be punished by imprisonment for not more than 6 months or by a
17 fine of not more than $5,000, or both.
18     (e) If a person prohibited under Section 11-501.01
19 paragraph (2) or paragraph (3) of subsection (c-4) of Section
20 11-501 from driving any vehicle not equipped with an ignition
21 interlock device nevertheless is convicted of driving a vehicle
22 that is not equipped with the device, that person is prohibited
23 from driving any vehicle not equipped with an ignition
24 interlock device for an additional period of time equal to the
25 initial time period that the person was required to use an
26 ignition interlock device.

 

 

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1 (Source: P.A. 91-127, eff. 1-1-00; 92-418, eff. 8-17-01.)
 
2     (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
3     Sec. 6-303. Driving while driver's license, permit or
4 privilege to operate a motor vehicle is suspended or revoked.
5     (a) Any person who drives or is in actual physical control
6 of a motor vehicle on any highway of this State at a time when
7 such person's driver's license, permit or privilege to do so or
8 the privilege to obtain a driver's license or permit is revoked
9 or suspended as provided by this Code or the law of another
10 state, except as may be specifically allowed by a judicial
11 driving permit, family financial responsibility driving
12 permit, probationary license to drive, or a restricted driving
13 permit issued pursuant to this Code or under the law of another
14 state, shall be guilty of a Class A misdemeanor.
15     (b) The Secretary of State upon receiving a report of the
16 conviction of any violation indicating a person was operating a
17 motor vehicle during the time when said person's driver's
18 license, permit or privilege was suspended by the Secretary, by
19 the appropriate authority of another state, or pursuant to
20 Section 11-501.1; except as may be specifically allowed by a
21 probationary license to drive, judicial driving permit or
22 restricted driving permit issued pursuant to this Code or the
23 law of another state; shall extend the suspension for the same
24 period of time as the originally imposed suspension; however,
25 if the period of suspension has then expired, the Secretary

 

 

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1 shall be authorized to suspend said person's driving privileges
2 for the same period of time as the originally imposed
3 suspension; and if the conviction was upon a charge which
4 indicated that a vehicle was operated during the time when the
5 person's driver's license, permit or privilege was revoked;
6 except as may be allowed by a restricted driving permit issued
7 pursuant to this Code or the law of another state; the
8 Secretary shall not issue a driver's license for an additional
9 period of one year from the date of such conviction indicating
10 such person was operating a vehicle during such period of
11 revocation.
12     (c) Any person convicted of violating this Section shall
13 serve a minimum term of imprisonment of 10 consecutive days or
14 30 days of community service when the person's driving
15 privilege was revoked or suspended as a result of:
16         (1) a violation of Section 11-501 of this Code or a
17     similar provision of a local ordinance relating to the
18     offense of operating or being in physical control of a
19     vehicle while under the influence of alcohol, any other
20     drug or any combination thereof; or
21         (2) a violation of paragraph (b) of Section 11-401 of
22     this Code or a similar provision of a local ordinance
23     relating to the offense of leaving the scene of a motor
24     vehicle accident involving personal injury or death; or
25         (3) a violation of Section 9-3 of the Criminal Code of
26     1961, as amended, relating to the offense of reckless

 

 

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1     homicide; or
2         (4) a statutory summary suspension under Section
3     11-501.1 of this Code.
4     Such sentence of imprisonment or community service shall
5 not be subject to suspension in order to reduce such sentence.
6     (c-1) Except as provided in subsection (d), any person
7 convicted of a second violation of this Section shall be
8 ordered by the court to serve a minimum of 100 hours of
9 community service.
10     (c-2) In addition to other penalties imposed under this
11 Section, the court may impose on any person convicted a fourth
12 time of violating this Section any of the following:
13         (1) Seizure of the license plates of the person's
14     vehicle.
15         (2) Immobilization of the person's vehicle for a period
16     of time to be determined by the court.
17     (d) Any person convicted of a second violation of this
18 Section shall be guilty of a Class 4 felony and shall serve a
19 minimum term of imprisonment of 30 days or 300 hours of
20 community service, as determined by the court, if the
21 revocation or suspension was for a violation of Section 11-401
22 or 11-501 of this Code, or a similar out-of-state offense, or a
23 similar provision of a local ordinance, a violation of Section
24 9-3 of the Criminal Code of 1961, relating to the offense of
25 reckless homicide, or a similar out-of-state offense, or a
26 statutory summary suspension under Section 11-501.1 of this

 

 

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1 Code.
2     (d-1) Except as provided in subsection (d-2) and subsection
3 (d-3), any person convicted of a third or subsequent violation
4 of this Section shall serve a minimum term of imprisonment of
5 30 days or 300 hours of community service, as determined by the
6 court.
7     (d-2) Any person convicted of a third violation of this
8 Section is guilty of a Class 4 felony and must serve a minimum
9 term of imprisonment of 30 days if the revocation or suspension
10 was for a violation of Section 11-401 or 11-501 of this Code,
11 or a similar out-of-state offense, or a similar provision of a
12 local ordinance, a violation of Section 9-3 of the Criminal
13 Code of 1961, relating to the offense of reckless homicide, or
14 a similar out-of-state offense, or a statutory summary
15 suspension under Section 11-501.1 of this Code.
16     (d-3) Any person convicted of a fourth, fifth, sixth,
17 seventh, eighth, or ninth violation of this Section is guilty
18 of a Class 4 felony and must serve a minimum term of
19 imprisonment of 180 days if the revocation or suspension was
20 for a violation of Section 11-401 or 11-501 of this Code, or a
21 similar out-of-state offense, or a similar provision of a local
22 ordinance, a violation of Section 9-3 of the Criminal Code of
23 1961, relating to the offense of reckless homicide, or a
24 similar out-of-state offense, or a statutory summary
25 suspension under Section 11-501.1 of this Code.
26     (d-4) Any person convicted of a tenth, eleventh, twelfth,

 

 

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1 thirteenth, or fourteenth violation of this Section is guilty
2 of a Class 3 felony, and is not eligible for probation or
3 conditional discharge, if the revocation or suspension was for
4 a violation of Section 11-401 or 11-501 of this Code, or a
5 similar out-of-state offense, or a similar provision of a local
6 ordinance, a violation of Section 9-3 of the Criminal Code of
7 1961, relating to the offense of reckless homicide, or a
8 similar out-of-state offense, or a statutory summary
9 suspension under Section 11-501.1 of this Code.
10     (d-5) Any person convicted of a fifteenth or subsequent
11 violation of this Section is guilty of a Class 2 felony, and is
12 not eligible for probation or conditional discharge, if the
13 revocation or suspension was for a violation of Section 11-401
14 or 11-501 of this Code, or a similar out-of-state offense, or a
15 similar provision of a local ordinance, a violation of Section
16 9-3 of the Criminal Code of 1961, relating to the offense of
17 reckless homicide, or a similar out-of-state offense, or a
18 statutory summary suspension under Section 11-501.1 of this
19 Code.
20     (e) Any person in violation of this Section who is also in
21 violation of Section 7-601 of this Code relating to mandatory
22 insurance requirements, in addition to other penalties imposed
23 under this Section, shall have his or her motor vehicle
24 immediately impounded by the arresting law enforcement
25 officer. The motor vehicle may be released to any licensed
26 driver upon a showing of proof of insurance for the vehicle

 

 

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1 that was impounded and the notarized written consent for the
2 release by the vehicle owner.
3     (f) For any prosecution under this Section, a certified
4 copy of the driving abstract of the defendant shall be admitted
5 as proof of any prior conviction.
6     (g) The motor vehicle used in a violation of this Section
7 is subject to seizure and forfeiture as provided in Chapter 16A
8 of this Code Sections 36-1 and 36-2 of the Criminal Code of
9 1961 if the person's driving privilege was revoked or suspended
10 as a result of a violation listed in paragraph (1), (2), or (3)
11 of subsection (c) of this Section or as a result of a summary
12 suspension as provided in paragraph (4) of subsection (c) of
13 this Section.
14 (Source: P.A. 94-112, eff. 1-1-06.)
 
15     (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
16     Sec. 11-501. Driving while under the influence of alcohol,
17 other drug or drugs, intoxicating compound or compounds or any
18 combination thereof.
19     (a) A person shall not drive or be in actual physical
20 control of any vehicle within this State while:
21         (1) the alcohol concentration in the person's blood or
22     breath is 0.08 or more based on the definition of blood and
23     breath units in Section 11-501.2;
24         (2) under the influence of alcohol;
25         (3) under the influence of any intoxicating compound or

 

 

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1     combination of intoxicating compounds to a degree that
2     renders the person incapable of driving safely;
3         (4) under the influence of any other drug or
4     combination of drugs to a degree that renders the person
5     incapable of safely driving;
6         (5) under the combined influence of alcohol, other drug
7     or drugs, or intoxicating compound or compounds to a degree
8     that renders the person incapable of safely driving; or
9         (6) there is any amount of a drug, substance, or
10     compound in the person's breath, blood, or urine resulting
11     from the unlawful use or consumption of cannabis listed in
12     the Cannabis Control Act, a controlled substance listed in
13     the Illinois Controlled Substances Act, or an intoxicating
14     compound listed in the Use of Intoxicating Compounds Act.
15     (b) The fact that any person charged with violating this
16 Section is or has been legally entitled to use alcohol, other
17 drug or drugs, or intoxicating compound or compounds, or any
18 combination thereof, shall not constitute a defense against any
19 charge of violating this Section.
20     (c) Penalties.
21         (1) Except as otherwise provided in this Section, any
22     person convicted of violating subsection (a) of this
23     Section is guilty of a Class A misdemeanor.
24         (2) A person who violates subsection (a) or a similar
25     provision a second time shall be sentenced to a mandatory
26     minimum term of either 5 days of imprisonment or 240 hours

 

 

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1     of community service in addition to any other criminal or
2     administrative sanction.
3         (3) A person who violates subsection (a) is subject to
4     6 months of imprisonment, an additional mandatory minimum
5     fine of $1,000, and 25 days of community service in a
6     program benefiting children if the person was transporting
7     a person under the age of 16 at the time of the violation.
8         (4) A person who violates subsection (a) a first time,
9     if the alcohol concentration in his or her blood, breath,
10     or urine was 0.16 or more based on the definition of blood,
11     breath, or urine units in Section 11-501.2, shall be
12     subject, in addition to any other penalty that may be
13     imposed, to a mandatory minimum of 100 hours of community
14     service and a mandatory minimum fine of $500.
15         (5) A person who violates subsection (a) a second time,
16     if at the time of the second violation the alcohol
17     concentration in his or her blood, breath, or urine was
18     0.16 or more based on the definition of blood, breath, or
19     urine units in Section 11-501.2, shall be subject, in
20     addition to any other penalty that may be imposed, to a
21     mandatory minimum of 2 days of imprisonment and a mandatory
22     minimum fine of $1,250.
23     (d) Aggravated driving under the influence of alcohol,
24 other drug or drugs, or intoxicating compound or compounds, or
25 any combination thereof.
26         (1) Every person convicted of committing a violation of

 

 

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1     this Section shall be guilty of aggravated driving under
2     the influence of alcohol, other drug or drugs, or
3     intoxicating compound or compounds, or any combination
4     thereof if:
5             (A) the person committed a violation of subsection
6         (a) or a similar provision for the third or subsequent
7         time;
8             (B) the person committed a violation of subsection
9         (a) while driving a school bus with persons 18 years of
10         age or younger on board;
11             (C) the person in committing a violation of
12         subsection (a) was involved in a motor vehicle accident
13         that resulted in great bodily harm or permanent
14         disability or disfigurement to another, when the
15         violation was a proximate cause of the injuries;
16             (D) the person committed a violation of subsection
17         (a) for a second time and has been previously convicted
18         of violating Section 9-3 of the Criminal Code of 1961
19         or a similar provision of a law of another state
20         relating to reckless homicide in which the person was
21         determined to have been under the influence of alcohol,
22         other drug or drugs, or intoxicating compound or
23         compounds as an element of the offense or the person
24         has previously been convicted under subparagraph (C)
25         or subparagraph (F) of this paragraph (1);
26             (E) the person, in committing a violation of

 

 

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1         subsection (a) while driving at any speed in a school
2         speed zone at a time when a speed limit of 20 miles per
3         hour was in effect under subsection (a) of Section
4         11-605 of this Code, was involved in a motor vehicle
5         accident that resulted in bodily harm, other than great
6         bodily harm or permanent disability or disfigurement,
7         to another person, when the violation of subsection (a)
8         was a proximate cause of the bodily harm;
9             (F) the person, in committing a violation of
10         subsection (a), was involved in a motor vehicle,
11         snowmobile, all-terrain vehicle, or watercraft
12         accident that resulted in the death of another person,
13         when the violation of subsection (a) was a proximate
14         cause of the death;
15             (G) the person committed a violation of subsection
16         (a) during a period in which the defendant's driving
17         privileges are revoked or suspended, where the
18         revocation or suspension was for a violation of
19         subsection (a), Section 11-501.1, paragraph (b) of
20         Section 11-401, or for reckless homicide as defined in
21         Section 9-3 of the Criminal Code of 1961;
22             (H) the person committed the violation while he or
23         she did not possess a driver's license or permit or a
24         restricted driving permit or a judicial driving
25         permit;
26             (I) the person committed the violation while he or

 

 

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1         she knew or should have known that the vehicle he or
2         she was driving was not covered by a liability
3         insurance policy;
4             (J) the person in committing a violation of
5         subsection (a) was involved in a motor vehicle accident
6         that resulted in bodily harm, but not great bodily
7         harm, to the child under the age of 16 being
8         transported by the person, if the violation was the
9         proximate cause of the injury; or
10             (K) the person in committing a second violation of
11         subsection (a) or a similar provision was transporting
12         a person under the age of 16.
13         (2)(A) Except as provided otherwise, a person
14     convicted of aggravated driving under the influence of
15     alcohol, other drug or drugs, or intoxicating compound or
16     compounds, or any combination thereof is guilty of a Class
17     4 felony.
18         (B) A third violation of this Section or a similar
19     provision is a Class 2 felony. If at the time of the third
20     violation the alcohol concentration in his or her blood,
21     breath, or urine was 0.16 or more based on the definition
22     of blood, breath, or urine units in Section 11-501.2, a
23     mandatory minimum of 90 days of imprisonment and a
24     mandatory minimum fine of $2,500 shall be imposed in
25     addition to any other criminal or administrative sanction.
26     If at the time of the third violation, the defendant was

 

 

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

 

 

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

 

 

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1     circumstances exist and require probation, shall be
2     sentenced to: (i) a term of imprisonment of not less than 3
3     years and not more than 14 years if the violation resulted
4     in the death of one person; or (ii) a term of imprisonment
5     of not less than 6 years and not more than 28 years if the
6     violation resulted in the deaths of 2 or more persons.
7         (H) For a violation of subparagraph (J) of paragraph
8     (1) of this subsection (d), a mandatory fine of $2,500, and
9     25 days of community service in a program benefiting
10     children shall be imposed in addition to any other criminal
11     or administrative sanction.
12         (I) A violation of subparagraph (K) of paragraph (1) of
13     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 to
16     any other criminal or administrative sanction. If the child
17     being transported suffered bodily harm, but not great
18     bodily harm, in a motor vehicle accident, and the violation
19     was the proximate cause of that injury, a mandatory fine of
20     $5,000 and 25 days of community service in a program
21     benefiting children shall be imposed in addition to any
22     other criminal or administrative sanction.
23         (3) Any person sentenced under this subsection (d) who
24     receives a term of probation or conditional discharge must
25     serve a minimum term of either 480 hours of community
26     service or 10 days of imprisonment as a condition of the

 

 

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1     probation or conditional discharge in addition to any other
2     criminal or administrative sanction.
3     (e) Any reference to a prior violation of subsection (a) or
4 a similar provision includes any violation of a provision of a
5 local ordinance or a provision of a law of another state that
6 is similar to a violation of subsection (a) of this Section.
7     (f) The imposition of a mandatory term of imprisonment or
8 assignment of community service for a violation of this Section
9 shall not be suspended or reduced by the court.
10     (g) Any penalty imposed for driving with a license that has
11 been revoked for a previous violation of subsection (a) of this
12 Section shall be in addition to the penalty imposed for any
13 subsequent violation of subsection (a).
14     (h) For any prosecution under this Section, a certified
15 copy of the driving abstract of the defendant shall be admitted
16 as proof of any prior conviction.
17     (Text of Section from P.A. 93-1093 and 94-963)
18     Sec. 11-501. Driving while under the influence of alcohol,
19 other drug or drugs, intoxicating compound or compounds or any
20 combination thereof.
21     (a) A person shall not drive or be in actual physical
22 control of any vehicle within this State while:
23         (1) the alcohol concentration in the person's blood or
24     breath is 0.08 or more based on the definition of blood and
25     breath units in Section 11-501.2;
26         (2) under the influence of alcohol;

 

 

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1         (3) under the influence of any intoxicating compound or
2     combination of intoxicating compounds to a degree that
3     renders the person incapable of driving safely;
4         (4) under the influence of any other drug or
5     combination of drugs to a degree that renders the person
6     incapable of safely driving;
7         (5) under the combined influence of alcohol, other drug
8     or drugs, or intoxicating compound or compounds to a degree
9     that renders the person incapable of safely driving; or
10         (6) there is any amount of a drug, substance, or
11     compound in the person's breath, blood, or urine resulting
12     from the unlawful use or consumption of cannabis listed in
13     the Cannabis Control Act, a controlled substance listed in
14     the Illinois Controlled Substances Act, or an intoxicating
15     compound listed in the Use of Intoxicating Compounds Act.
16     (b) The fact that any person charged with violating this
17 Section is or has been legally entitled to use alcohol, other
18 drug or drugs, or intoxicating compound or compounds, or any
19 combination thereof, shall not constitute a defense against any
20 charge of violating this Section.
21     (b-1) With regard to penalties imposed under this Section:
22         (1) Any reference to a prior violation of subsection
23     (a) or a similar provision includes any violation of a
24     provision of a local ordinance or a provision of a law of
25     another state that is similar to a violation of subsection
26     (a) of this Section.

 

 

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1         (2) Any penalty imposed for driving with a license that
2     has been revoked for a previous violation of subsection (a)
3     of this Section shall be in addition to the penalty imposed
4     for any subsequent violation of subsection (a).
5     (b-2) Except as otherwise provided in this Section, any
6 person convicted of violating subsection (a) of this Section is
7 guilty of a Class A misdemeanor.
8     (b-3) In addition to any other criminal or administrative
9 sanction for any second conviction of violating subsection (a)
10 or a similar provision committed within 5 years of a previous
11 violation of subsection (a) or a similar provision, the
12 defendant shall be sentenced to a mandatory minimum of 5 days
13 of imprisonment or assigned a mandatory minimum of 240 hours of
14 community service as may be determined by the court.
15     (b-4) In the case of a third or subsequent violation
16 committed within 5 years of a previous violation of subsection
17 (a) or a similar provision, in addition to any other criminal
18 or administrative sanction, a mandatory minimum term of either
19 10 days of imprisonment or 480 hours of community service shall
20 be imposed.
21     (b-5) The imprisonment or assignment of community service
22 under subsections (b-3) and (b-4) shall not be subject to
23 suspension, nor shall the person be eligible for a reduced
24 sentence.
25     (c) (Blank).
26     (c-1) (1) A person who violates subsection (a) during a

 

 

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1     period in which his or her driving privileges are revoked
2     or suspended, where the revocation or suspension was for a
3     violation of subsection (a), Section 11-501.1, paragraph
4     (b) of Section 11-401, or for reckless homicide as defined
5     in Section 9-3 of the Criminal Code of 1961 is guilty of a
6     Class 4 felony.
7         (2) A person who violates subsection (a) a third time,
8     if the third violation occurs during a period in which his
9     or her driving privileges are revoked or suspended where
10     the revocation or suspension was for a violation of
11     subsection (a), Section 11-501.1, paragraph (b) of Section
12     11-401, or for reckless homicide as defined in Section 9-3
13     of the Criminal Code of 1961, is guilty of a Class 3
14     felony; and if the person receives a term of probation or
15     conditional discharge, he or she shall be required to serve
16     a mandatory minimum of 10 days of imprisonment or shall be
17     assigned a mandatory minimum of 480 hours of community
18     service, as may be determined by the court, as a condition
19     of the probation or conditional discharge. This mandatory
20     minimum term of imprisonment or assignment of community
21     service shall not be suspended or 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

 

 

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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 or
8     subsequent time, if the fourth or subsequent violation
9     occurs during a period in which his or her driving
10     privileges are revoked or suspended where the revocation or
11     suspension was for a violation of subsection (a), Section
12     11-501.1, paragraph (b) of Section 11-401, or for reckless
13     homicide as defined in Section 9-3 of the Criminal Code of
14     1961, is guilty of a Class 2 felony and is not eligible for
15     a sentence of probation or conditional discharge.
16     (c-2) (Blank).
17     (c-3) (Blank).
18     (c-4) (Blank).
19     (c-5)(1) A person who violates subsection (a), if the
20     person was transporting a person under the age of 16 at the
21     time of the violation, is subject to an additional
22     mandatory minimum fine of $1,000, an additional mandatory
23     minimum 140 hours of community service, which shall include
24     40 hours of community service in a program benefiting
25     children, and an additional 2 days of imprisonment. The
26     imprisonment or assignment of community service under this

 

 

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1     subdivision (c-5)(1) is not subject to suspension, nor is
2     the person eligible for a reduced sentence.
3         (2) Except as provided in subdivisions (c-5)(3) and
4     (c-5)(4) a person who violates subsection (a) a second
5     time, if at the time of the second violation the person was
6     transporting a person under the age of 16, is subject to an
7     additional 10 days of imprisonment, an additional
8     mandatory minimum fine of $1,000, and an additional
9     mandatory minimum 140 hours of community service, which
10     shall include 40 hours of community service in a program
11     benefiting children. The imprisonment or assignment of
12     community service under this subdivision (c-5)(2) is not
13     subject to suspension, nor is the person eligible for a
14     reduced sentence.
15         (3) Except as provided in subdivision (c-5)(4), any
16     person convicted of violating subdivision (c-5)(2) or a
17     similar provision within 10 years of a previous violation
18     of subsection (a) or a similar provision shall receive, in
19     addition to any other penalty imposed, a mandatory minimum
20     12 days imprisonment, an additional 40 hours of mandatory
21     community service in a program benefiting children, and a
22     mandatory minimum fine of $1,750. The imprisonment or
23     assignment of community service under this subdivision
24     (c-5)(3) is not subject to suspension, nor is the person
25     eligible for a reduced sentence.
26         (4) Any person convicted of violating subdivision

 

 

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1     (c-5)(2) or a similar provision within 5 years of a
2     previous violation of subsection (a) or a similar provision
3     shall receive, in addition to any other penalty imposed, an
4     additional 80 hours of mandatory community service in a
5     program benefiting children, an additional mandatory
6     minimum 12 days of imprisonment, and a mandatory minimum
7     fine of $1,750. The imprisonment or assignment of community
8     service under this subdivision (c-5)(4) is not subject to
9     suspension, nor is the person eligible for a reduced
10     sentence.
11         (5) Any person convicted a third time for violating
12     subsection (a) or a similar provision, if at the time of
13     the third violation the person was transporting a person
14     under the age of 16, is guilty of a Class 4 felony and
15     shall receive, in addition to any other penalty imposed, an
16     additional mandatory fine of $1,000, an additional
17     mandatory 140 hours of community service, which shall
18     include 40 hours in a program benefiting children, and a
19     mandatory minimum 30 days of imprisonment. The
20     imprisonment or assignment of community service under this
21     subdivision (c-5)(5) is not subject to suspension, nor is
22     the person eligible for a reduced sentence.
23         (6) Any person convicted of violating subdivision
24     (c-5)(5) or a similar provision a third time within 20
25     years of a previous violation of subsection (a) or a
26     similar provision is guilty of a Class 4 felony and shall

 

 

SB0607 - 26 - LRB095 07293 DRH 27432 b

1     receive, in addition to any other penalty imposed, an
2     additional mandatory 40 hours of community service in a
3     program benefiting children, an additional mandatory fine
4     of $3,000, and a mandatory minimum 120 days of
5     imprisonment. The imprisonment or assignment of community
6     service under this subdivision (c-5)(6) is not subject to
7     suspension, nor is the person eligible for a reduced
8     sentence.
9         (7) Any person convicted a fourth or subsequent time
10     for violating subsection (a) or a similar provision, if at
11     the time of the fourth or subsequent violation the person
12     was transporting a person under the age of 16, and if the
13     person's 3 prior violations of subsection (a) or a similar
14     provision occurred while transporting a person under the
15     age of 16 or while the alcohol concentration in his or her
16     blood, breath, or urine was 0.16 or more based on the
17     definition of blood, breath, or urine units in Section
18     11-501.2, is guilty of a Class 2 felony, is not eligible
19     for probation or conditional discharge, and is subject to a
20     minimum fine of $3,000.
21     (c-6)(1) Any person convicted of a first violation of
22     subsection (a) or a similar provision, if the alcohol
23     concentration in his or her blood, breath, or urine was
24     0.16 or more based on the definition of blood, breath, or
25     urine units in Section 11-501.2, shall be subject, in
26     addition to any other penalty that may be imposed, to a

 

 

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1     mandatory minimum of 100 hours of community service and a
2     mandatory minimum fine of $500.
3         (2) Any person convicted of a second violation of
4     subsection (a) or a similar provision committed within 10
5     years of a previous violation of subsection (a) or a
6     similar provision, if at the time of the second violation
7     of subsection (a) or a similar provision the alcohol
8     concentration in his or her blood, breath, or urine was
9     0.16 or more based on the definition of blood, breath, or
10     urine units in Section 11-501.2, shall be subject, in
11     addition to any other penalty that may be imposed, to a
12     mandatory minimum of 2 days of imprisonment and a mandatory
13     minimum fine of $1,250.
14         (3) Any person convicted of a third violation of
15     subsection (a) or a similar provision within 20 years of a
16     previous violation of subsection (a) or a similar
17     provision, if at the time of the third violation of
18     subsection (a) or a similar provision the alcohol
19     concentration in his or her blood, breath, or urine was
20     0.16 or more based on the definition of blood, breath, or
21     urine units in Section 11-501.2, is guilty of a Class 4
22     felony and shall be subject, in addition to any other
23     penalty that may be imposed, to a mandatory minimum of 90
24     days of imprisonment and a mandatory minimum fine of
25     $2,500.
26         (4) Any person convicted of a fourth or subsequent

 

 

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1     violation of subsection (a) or a similar provision, if at
2     the time of the fourth or subsequent violation the alcohol
3     concentration in his or her blood, breath, or urine was
4     0.16 or more based on the definition of blood, breath, or
5     urine units in Section 11-501.2, and if the person's 3
6     prior violations of subsection (a) or a similar provision
7     occurred while transporting a person under the age of 16 or
8     while the alcohol concentration in his or her blood,
9     breath, or urine was 0.16 or more based on the definition
10     of blood, breath, or urine units in Section 11-501.2, is
11     guilty of a Class 2 felony and is not eligible for a
12     sentence of probation or conditional discharge and is
13     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

 

 

SB0607 - 29 - LRB095 07293 DRH 27432 b

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,

 

 

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1         when the violation of subsection (a) was a proximate
2         cause of the death.
3         (2) Except as provided in this paragraph (2), a person
4     convicted of aggravated driving under the influence of
5     alcohol, other drug or drugs, or intoxicating compound or
6     compounds, or any combination thereof is guilty of a Class
7     4 felony. For a violation of subparagraph (C) of paragraph
8     (1) of this subsection (d), the defendant, if sentenced to
9     a term of imprisonment, shall be sentenced to not less than
10     one year nor more than 12 years. Aggravated driving under
11     the influence of alcohol, other drug or drugs, or
12     intoxicating compound or compounds, or any combination
13     thereof as defined in subparagraph (F) of paragraph (1) of
14     this subsection (d) is a Class 2 felony, for which the
15     defendant, if sentenced to a term of imprisonment, shall be
16     sentenced to: (A) a term of imprisonment of not less than 3
17     years and not more than 14 years if the violation resulted
18     in the death of one person; or (B) a term of imprisonment
19     of not less than 6 years and not more than 28 years if the
20     violation resulted in the deaths of 2 or more persons. For
21     any prosecution under this subsection (d), a certified copy
22     of the driving abstract of the defendant shall be admitted
23     as proof of any prior conviction. Any person sentenced
24     under this subsection (d) who receives a term of probation
25     or conditional discharge must serve a minimum term of
26     either 480 hours of community service or 10 days of

 

 

SB0607 - 31 - LRB095 07293 DRH 27432 b

1     imprisonment as a condition of the probation or conditional
2     discharge. This mandatory minimum term of imprisonment or
3     assignment of community service may not be suspended or
4     reduced by the court.
5     (e) After a finding of guilt and prior to any final
6 sentencing, or an order for supervision, for an offense based
7 upon an arrest for a violation of this Section or a similar
8 provision of a local ordinance, individuals shall be required
9 to undergo a professional evaluation to determine if an
10 alcohol, drug, or intoxicating compound abuse problem exists
11 and the extent of the problem, and undergo the imposition of
12 treatment as appropriate. Programs conducting these
13 evaluations shall be licensed by the Department of Human
14 Services. The cost of any professional evaluation shall be paid
15 for by the individual required to undergo the professional
16 evaluation.
17     (e-1) Any person who is found guilty of or pleads guilty to
18 violating this Section, including any person receiving a
19 disposition of court supervision for violating this Section,
20 may be required by the Court to attend a victim impact panel
21 offered by, or under contract with, a County State's Attorney's
22 office, a probation and court services department, Mothers
23 Against Drunk Driving, or the Alliance Against Intoxicated
24 Motorists. All costs generated by the victim impact panel shall
25 be paid from fees collected from the offender or as may be
26 determined by the court.

 

 

SB0607 - 32 - LRB095 07293 DRH 27432 b

1     (f) Every person found guilty of violating this Section,
2 whose operation of a motor vehicle while in violation of this
3 Section proximately caused any incident resulting in an
4 appropriate emergency response, shall be liable for the expense
5 of an emergency response as provided under Section 5-5-3 of the
6 Unified Code of Corrections.
7     (g) The Secretary of State shall revoke the driving
8 privileges of any person convicted under this Section or a
9 similar provision of a local ordinance.
10     (h) (Blank).
11     (i) The Secretary of State shall require the use of
12 ignition interlock devices on all vehicles owned by an
13 individual who has been convicted of a second or subsequent
14 offense of this Section or a similar provision of a local
15 ordinance. The Secretary shall establish by rule and regulation
16 the procedures for certification and use of the interlock
17 system.
18     (j) In addition to any other penalties and liabilities, a
19 person who is found guilty of or pleads guilty to violating
20 subsection (a), including any person placed on court
21 supervision for violating subsection (a), shall be fined $500,
22 payable to the circuit clerk, who shall distribute the money as
23 follows: 20% to the law enforcement agency that made the arrest
24 and 80% shall be forwarded to the State Treasurer for deposit
25 into the General Revenue Fund. If the person has been
26 previously convicted of violating subsection (a) or a similar

 

 

SB0607 - 33 - LRB095 07293 DRH 27432 b

1 provision of a local ordinance, the fine shall be $1,000. In
2 the event that more than one agency is responsible for the
3 arrest, the amount payable to law enforcement agencies shall be
4 shared equally. Any moneys received by a law enforcement agency
5 under this subsection (j) shall be used for enforcement and
6 prevention of driving while under the influence of alcohol,
7 other drug or drugs, intoxicating compound or compounds or any
8 combination thereof, as defined by this Section, including but
9 not limited to the purchase of law enforcement equipment and
10 commodities that will assist in the prevention of alcohol
11 related criminal violence throughout the State; police officer
12 training and education in areas related to alcohol related
13 crime, including but not limited to DUI training; and police
14 officer salaries, including but not limited to salaries for
15 hire back funding for safety checkpoints, saturation patrols,
16 and liquor store sting operations. Equipment and commodities
17 shall include, but are not limited to, in-car video cameras,
18 radar and laser speed detection devices, and alcohol breath
19 testers. Any moneys received by the Department of State Police
20 under this subsection (j) shall be deposited into the State
21 Police DUI Fund and shall be used for enforcement and
22 prevention of driving while under the influence of alcohol,
23 other drug or drugs, intoxicating compound or compounds or any
24 combination thereof, as defined by this Section, including but
25 not limited to the purchase of law enforcement equipment and
26 commodities that will assist in the prevention of alcohol

 

 

SB0607 - 34 - LRB095 07293 DRH 27432 b

1 related criminal violence throughout the State; police officer
2 training and education in areas related to alcohol related
3 crime, including but not limited to DUI training; and police
4 officer salaries, including but not limited to salaries for
5 hire back funding for safety checkpoints, saturation patrols,
6 and liquor store sting operations.
7     (k) The Secretary of State Police DUI Fund is created as a
8 special fund in the State treasury. All moneys received by the
9 Secretary of State Police under subsection (j) of this Section
10 shall be deposited into the Secretary of State Police DUI Fund
11 and, subject to appropriation, shall be used for enforcement
12 and prevention of driving while under the influence of alcohol,
13 other drug or drugs, intoxicating compound or compounds or any
14 combination thereof, as defined by this Section, including but
15 not limited to the purchase of law enforcement equipment and
16 commodities to assist in the prevention of alcohol related
17 criminal violence throughout the State; police officer
18 training and education in areas related to alcohol related
19 crime, including but not limited to DUI training; and police
20 officer salaries, including but not limited to salaries for
21 hire back funding for safety checkpoints, saturation patrols,
22 and liquor store sting operations.
23     (l) Whenever an individual is sentenced for an offense
24 based upon an arrest for a violation of subsection (a) or a
25 similar provision of a local ordinance, and the professional
26 evaluation recommends remedial or rehabilitative treatment or

 

 

SB0607 - 35 - LRB095 07293 DRH 27432 b

1 education, neither the treatment nor the education shall be the
2 sole disposition and either or both may be imposed only in
3 conjunction with another disposition. The court shall monitor
4 compliance with any remedial education or treatment
5 recommendations contained in the professional evaluation.
6 Programs conducting alcohol or other drug evaluation or
7 remedial education must be licensed by the Department of Human
8 Services. If the individual is not a resident of Illinois,
9 however, the court may accept an alcohol or other drug
10 evaluation or remedial education program in the individual's
11 state of residence. Programs providing treatment must be
12 licensed under existing applicable alcoholism and drug
13 treatment licensure standards.
14     (m) In addition to any other fine or penalty required by
15 law, an individual convicted of a violation of subsection (a),
16 Section 5-7 of the Snowmobile Registration and Safety Act,
17 Section 5-16 of the Boat Registration and Safety Act, or a
18 similar provision, whose operation of a motor vehicle,
19 snowmobile, or watercraft while in 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 proximately caused an incident resulting in
23 an appropriate emergency response, shall be required to make
24 restitution to a public agency for the costs of that emergency
25 response. The restitution may not exceed $1,000 per public
26 agency for each emergency response. As used in this subsection

 

 

SB0607 - 36 - LRB095 07293 DRH 27432 b

1 (m), "emergency response" means any incident requiring a
2 response by a police officer, a firefighter carried on the
3 rolls of a regularly constituted fire department, or an
4 ambulance.
5 (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03;
6 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05;
7 93-840, eff. 7-30-04; 93-1093, eff. 3-29-05; 94-963, eff.
8 6-28-06.)
 
9     (Text of Section from P.A. 94-110 and 94-963)
10     Sec. 11-501. Driving while under the influence of alcohol,
11 other drug or drugs, intoxicating compound or compounds or any
12 combination thereof.
13     (a) A person shall not drive or be in actual physical
14 control of any vehicle within this State while:
15         (1) the alcohol concentration in the person's blood or
16     breath is 0.08 or more based on the definition of blood and
17     breath units in Section 11-501.2;
18         (2) under the influence of alcohol;
19         (3) under the influence of any intoxicating compound or
20     combination of intoxicating compounds to a degree that
21     renders the person incapable of driving safely;
22         (4) under the influence of any other drug or
23     combination of drugs to a degree that renders the person
24     incapable of safely driving;
25         (5) under the combined influence of alcohol, other drug

 

 

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1     or drugs, or intoxicating compound or compounds to a degree
2     that renders the person incapable of safely driving; or
3         (6) there is any amount of a drug, substance, or
4     compound in the person's breath, blood, or urine resulting
5     from the unlawful use or consumption of cannabis listed in
6     the Cannabis Control Act, a controlled substance listed in
7     the Illinois Controlled Substances Act, or an intoxicating
8     compound listed in the Use of Intoxicating Compounds Act.
9     (b) The fact that any person charged with violating this
10 Section is or has been legally entitled to use alcohol, other
11 drug or drugs, or intoxicating compound or compounds, or any
12 combination thereof, shall not constitute a defense against any
13 charge of violating this Section.
14     (b-1) With regard to penalties imposed under this Section:
15         (1) Any reference to a prior violation of subsection
16     (a) or a similar provision includes any violation of a
17     provision of a local ordinance or a provision of a law of
18     another state that is similar to a violation of subsection
19     (a) of this Section.
20         (2) Any penalty imposed for driving with a license that
21     has been revoked for a previous violation of subsection (a)
22     of this Section shall be in addition to the penalty imposed
23     for any subsequent violation of subsection (a).
24     (b-2) Except as otherwise provided in this Section, any
25 person convicted of violating subsection (a) of this Section is
26 guilty of a Class A misdemeanor.

 

 

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1     (b-3) In addition to any other criminal or administrative
2 sanction for any second conviction of violating subsection (a)
3 or a similar provision committed within 5 years of a previous
4 violation of subsection (a) or a similar provision, the
5 defendant shall be sentenced to a mandatory minimum of 5 days
6 of imprisonment or assigned a mandatory minimum of 240 hours of
7 community service as may be determined by the court.
8     (b-4) In the case of a third or subsequent violation
9 committed within 5 years of a previous violation of subsection
10 (a) or a similar provision, in addition to any other criminal
11 or administrative sanction, a mandatory minimum term of either
12 10 days of imprisonment or 480 hours of community service shall
13 be imposed.
14     (b-5) The imprisonment or assignment of community service
15 under subsections (b-3) and (b-4) shall not be subject to
16 suspension, nor shall the person be eligible for a reduced
17 sentence.
18     (c) (Blank).
19     (c-1) (1) A person who violates subsection (a) during a
20     period in which his or her driving privileges are revoked
21     or suspended, where the revocation or suspension was for a
22     violation of subsection (a), Section 11-501.1, paragraph
23     (b) of Section 11-401, or for reckless homicide as defined
24     in Section 9-3 of the Criminal Code of 1961 is guilty of a
25     Class 4 felony.
26         (2) A person who violates subsection (a) a third time,

 

 

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1     if the third violation occurs during a period in which his
2     or her driving privileges are revoked or suspended where
3     the revocation or suspension was for a violation of
4     subsection (a), Section 11-501.1, paragraph (b) of Section
5     11-401, or for reckless homicide as defined in Section 9-3
6     of the Criminal Code of 1961, is guilty of a Class 3
7     felony; and if the person receives a term of probation or
8     conditional discharge, he or she shall be required to serve
9     a mandatory minimum of 10 days of imprisonment or shall be
10     assigned a mandatory minimum of 480 hours of community
11     service, as may be determined by the court, as a condition
12     of the probation or conditional discharge. This mandatory
13     minimum term of imprisonment or assignment of community
14     service shall not be suspended or reduced by the court.
15         (2.2) A person who violates subsection (a), if the
16     violation occurs during a period in which his or her
17     driving privileges are revoked or suspended where the
18     revocation or suspension was for a violation of subsection
19     (a) or Section 11-501.1, shall also be sentenced to an
20     additional mandatory minimum term of 30 consecutive days of
21     imprisonment, 40 days of 24-hour periodic imprisonment, or
22     720 hours of community service, as may be determined by the
23     court. This mandatory term of imprisonment or assignment of
24     community service shall not be suspended or reduced by the
25     court.
26         (3) A person who violates subsection (a) a fourth or

 

 

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1     subsequent time, if the fourth or subsequent violation
2     occurs during a period in which his or her driving
3     privileges are revoked or suspended where the revocation or
4     suspension was for a violation of subsection (a), Section
5     11-501.1, paragraph (b) of Section 11-401, or for reckless
6     homicide as defined in Section 9-3 of the Criminal Code of
7     1961, is guilty of a Class 2 felony and is not eligible for
8     a sentence of probation or conditional discharge.
9     (c-2) (Blank).
10     (c-3) (Blank).
11     (c-4) (Blank).
12     (c-5) Except as provided in subsection (c-5.1), a person 21
13 years of age or older who violates subsection (a), if the
14 person was transporting a person under the age of 16 at the
15 time of the violation, is subject to 6 months of imprisonment,
16 an additional mandatory minimum fine of $1,000, and 25 days of
17 community service in a program benefiting children. The
18 imprisonment or assignment of community service under this
19 subsection (c-5) is not subject to suspension, nor is the
20 person eligible for a reduced sentence.
21     (c-5.1) A person 21 years of age or older who is convicted
22 of violating subsection (a) of this Section a first time and
23 who in committing that violation was involved in a motor
24 vehicle accident that resulted in bodily harm to the child
25 under the age of 16 being transported by the person, if the
26 violation was the proximate cause of the injury, is guilty of a

 

 

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1 Class 4 felony and is subject to one year of imprisonment, a
2 mandatory fine of $2,500, and 25 days of community service in a
3 program benefiting children. The imprisonment or assignment to
4 community service under this subsection (c-5.1) 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-6) Except as provided in subsections (c-7) and (c-7.1),
8 a person 21 years of age or older who violates subsection (a) a
9 second time, if at the time of the second violation the person
10 was transporting a person under the age of 16, is subject to 6
11 months of imprisonment, an additional mandatory minimum fine of
12 $1,000, and an additional mandatory minimum 140 hours of
13 community service, which shall include 40 hours of community
14 service in a program benefiting children. The imprisonment or
15 assignment of community service under this subsection (c-6) is
16 not subject to suspension, nor is the person eligible for a
17 reduced sentence.
18     (c-7) Except as provided in subsection (c-7.1), any person
19 21 years of age or older convicted of violating subsection
20 (c-6) or a similar provision within 10 years of a previous
21 violation of subsection (a) or a similar provision is guilty of
22 a Class 4 felony and, in addition to any other penalty imposed,
23 is subject to one year of imprisonment, 25 days of mandatory
24 community service in a program benefiting children, and a
25 mandatory fine of $2,500. The imprisonment or assignment of
26 community service under this subsection (c-7) is not subject to

 

 

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1 suspension, nor is the person eligible for a reduced sentence.
2     (c-7.1) A person 21 years of age or older who is convicted
3 of violating subsection (a) of this Section a second time
4 within 10 years and who in committing that violation was
5 involved in a motor vehicle accident that resulted in bodily
6 harm to the child under the age of 16 being transported, if the
7 violation was the proximate cause of the injury, is guilty of a
8 Class 4 felony and is subject to 18 months of imprisonment, a
9 mandatory fine of $5,000, and 25 days of community service in a
10 program benefiting children. The imprisonment or assignment to
11 community service under this subsection (c-7.1) shall not be
12 subject to suspension, nor shall the person be eligible for
13 probation in order to reduce the sentence or assignment.
14     (c-8) (Blank).
15     (c-9) Any person 21 years of age or older convicted a third
16 time for violating subsection (a) or a similar provision, if at
17 the time of the third violation the person was transporting a
18 person under the age of 16, is guilty of a Class 4 felony and is
19 subject to 18 months of imprisonment, a mandatory fine of
20 $2,500, and 25 days of community service in a program
21 benefiting children. The imprisonment or assignment of
22 community service under this subsection (c-9) is not subject to
23 suspension, nor is the person eligible for a reduced sentence.
24     (c-10) Any person 21 years of age or older convicted of
25 violating subsection (c-9) or a similar provision a third time
26 within 20 years of a previous violation of subsection (a) or a

 

 

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1 similar provision is guilty of a Class 3 felony and, in
2 addition to any other penalty imposed, is subject to 3 years of
3 imprisonment, 25 days of community service in a program
4 benefiting children, and a mandatory fine of $25,000. The
5 imprisonment or assignment of community service under this
6 subsection (c-10) is not subject to suspension, nor is the
7 person eligible for a reduced sentence.
8     (c-11) Any person 21 years of age or older convicted a
9 fourth or subsequent time for violating subsection (a) or a
10 similar provision, if at the time of the fourth or subsequent
11 violation the person was transporting a person under the age of
12 16, and if the person's 3 prior violations of subsection (a) or
13 a similar provision occurred while transporting a person under
14 the age of 16 or while the alcohol concentration in his or her
15 blood, breath, or urine was 0.16 or more based on the
16 definition of blood, breath, or urine units in Section
17 11-501.2, is guilty of a Class 2 felony, is not eligible for
18 probation or conditional discharge, and is subject to a minimum
19 fine of $25,000.
20     (c-12) Any person convicted of a first violation of
21 subsection (a) or a similar provision, if the alcohol
22 concentration in his or her blood, breath, or urine was 0.16 or
23 more based on the definition of blood, breath, or urine units
24 in Section 11-501.2, shall be subject, in addition to any other
25 penalty that may be imposed, to a mandatory minimum of 100
26 hours of community service and a mandatory minimum fine of

 

 

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1 $500.
2     (c-13) Any person convicted of a second violation of
3 subsection (a) or a similar provision committed within 10 years
4 of a previous violation of subsection (a) or a similar
5 provision, if at the time of the second violation of subsection
6 (a) or a similar provision the alcohol concentration in his or
7 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, shall be subject, in addition to any other penalty
10 that may be imposed, to a mandatory minimum of 2 days of
11 imprisonment and a mandatory minimum fine of $1,250.
12     (c-14) Any person convicted of a third violation of
13 subsection (a) or a similar provision within 20 years of a
14 previous violation of subsection (a) or a similar provision, if
15 at the time of the third violation of subsection (a) or a
16 similar provision the alcohol concentration in his or her
17 blood, breath, or urine was 0.16 or more based on the
18 definition of blood, breath, or urine units in Section
19 11-501.2, is guilty of a Class 4 felony and shall be subject,
20 in addition to any other penalty that may be imposed, to a
21 mandatory minimum of 90 days of imprisonment and a mandatory
22 minimum fine of $2,500.
23     (c-15) Any person convicted of a fourth or subsequent
24 violation of subsection (a) or a similar provision, if at the
25 time of the fourth or subsequent violation the alcohol
26 concentration in his or her blood, breath, or urine was 0.16 or

 

 

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1 more based on the definition of blood, breath, or urine units
2 in Section 11-501.2, and if the person's 3 prior violations of
3 subsection (a) or a similar provision occurred while
4 transporting a person under the age of 16 or while the alcohol
5 concentration in his or her blood, breath, or urine was 0.16 or
6 more based on the definition of blood, breath, or urine units
7 in Section 11-501.2, is guilty of a Class 2 felony and is not
8 eligible for a sentence of probation or conditional discharge
9 and is subject to a minimum fine of $2,500.
10     (d) (1) Every person convicted of committing a violation of
11     this Section shall be guilty of aggravated driving under
12     the influence of alcohol, other drug or drugs, or
13     intoxicating compound or compounds, or any combination
14     thereof if:
15             (A) the person committed a violation of subsection
16         (a) or a similar provision for the third or subsequent
17         time;
18             (B) the person committed a violation of subsection
19         (a) while driving a school bus with persons 18 years of
20         age or younger on board;
21             (C) the person in committing a violation of
22         subsection (a) was involved in a motor vehicle accident
23         that resulted in great bodily harm or permanent
24         disability or disfigurement to another, when the
25         violation was a proximate cause of the injuries;
26             (D) the person committed a violation of subsection

 

 

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

 

 

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1     alcohol, other drug or drugs, or intoxicating compound or
2     compounds, or any combination thereof is guilty of a Class
3     4 felony. For a violation of subparagraph (C) of paragraph
4     (1) of this subsection (d), the defendant, if sentenced to
5     a term of imprisonment, shall be sentenced to not less than
6     one year nor more than 12 years. Aggravated driving under
7     the influence of alcohol, other drug or drugs, or
8     intoxicating compound or compounds, or any combination
9     thereof as defined in subparagraph (F) of paragraph (1) of
10     this subsection (d) is a Class 2 felony, for which the
11     defendant, if sentenced to a term of imprisonment, shall be
12     sentenced to: (A) a term of imprisonment of not less than 3
13     years and not more than 14 years if the violation resulted
14     in the death of one person; or (B) a term of imprisonment
15     of not less than 6 years and not more than 28 years if the
16     violation resulted in the deaths of 2 or more persons. For
17     any prosecution under this subsection (d), a certified copy
18     of the driving abstract of the defendant shall be admitted
19     as proof of any prior conviction. Any person sentenced
20     under this subsection (d) who receives a term of probation
21     or conditional discharge must serve a minimum term of
22     either 480 hours of community service or 10 days of
23     imprisonment as a condition of the probation or conditional
24     discharge. This mandatory minimum term of imprisonment or
25     assignment of community service may not be suspended or
26     reduced by the court.

 

 

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1     (e) After a finding of guilt and prior to any final
2 sentencing, or an order for supervision, for an offense based
3 upon an arrest for a violation of this Section or a similar
4 provision of a local ordinance, individuals shall be required
5 to undergo a professional evaluation to determine if an
6 alcohol, drug, or intoxicating compound abuse problem exists
7 and the extent of the problem, and undergo the imposition of
8 treatment as appropriate. Programs conducting these
9 evaluations shall be licensed by the Department of Human
10 Services. The cost of any professional evaluation shall be paid
11 for by the individual required to undergo the professional
12 evaluation.
13     (e-1) Any person who is found guilty of or pleads guilty to
14 violating this Section, including any person receiving a
15 disposition of court supervision for violating this Section,
16 may be required by the Court to attend a victim impact panel
17 offered by, or under contract with, a County State's Attorney's
18 office, a probation and court services department, Mothers
19 Against Drunk Driving, or the Alliance Against Intoxicated
20 Motorists. All costs generated by the victim impact panel shall
21 be paid from fees collected from the offender or as may be
22 determined by the court.
23     (f) Every person found guilty of violating this Section,
24 whose operation of a motor vehicle while in violation of this
25 Section proximately caused any incident resulting in an
26 appropriate emergency response, shall be liable for the expense

 

 

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1 of an emergency response as provided under Section 5-5-3 of the
2 Unified Code of Corrections.
3     (g) The Secretary of State shall revoke the driving
4 privileges of any person convicted under this Section or a
5 similar provision of a local ordinance.
6     (h) (Blank).
7     (i) The Secretary of State shall require the use of
8 ignition interlock devices on all vehicles owned by an
9 individual who has been convicted of a second or subsequent
10 offense of this Section or a similar provision of a local
11 ordinance. The Secretary shall establish by rule and regulation
12 the procedures for certification and use of the interlock
13 system.
14     (j) In addition to any other penalties and liabilities, a
15 person who is found guilty of or pleads guilty to violating
16 subsection (a), including any person placed on court
17 supervision for violating subsection (a), shall be fined $500,
18 payable to the circuit clerk, who shall distribute the money as
19 follows: 20% to the law enforcement agency that made the arrest
20 and 80% shall be forwarded to the State Treasurer for deposit
21 into the General Revenue Fund. If the person has been
22 previously convicted of violating subsection (a) or a similar
23 provision of a local ordinance, the fine shall be $1,000. In
24 the event that more than one agency is responsible for the
25 arrest, the amount payable to law enforcement agencies shall be
26 shared equally. Any moneys received by a law enforcement agency

 

 

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1 under this subsection (j) shall be used for enforcement and
2 prevention of driving while under the influence of alcohol,
3 other drug or drugs, intoxicating compound or compounds or any
4 combination thereof, as defined by this Section, including but
5 not limited to the purchase of law enforcement equipment and
6 commodities that will assist in the prevention of alcohol
7 related criminal violence throughout the State; police officer
8 training and education in areas related to alcohol related
9 crime, including but not limited to DUI training; and police
10 officer salaries, including but not limited to salaries for
11 hire back funding for safety checkpoints, saturation patrols,
12 and liquor store sting operations. Equipment and commodities
13 shall include, but are not limited to, in-car video cameras,
14 radar and laser speed detection devices, and alcohol breath
15 testers. Any moneys received by the Department of State Police
16 under this subsection (j) shall be deposited into the State
17 Police DUI Fund and shall be used for enforcement and
18 prevention of driving while under the influence of alcohol,
19 other drug or drugs, intoxicating compound or compounds or any
20 combination thereof, as defined by this Section, including but
21 not limited to the purchase of law enforcement equipment and
22 commodities that will assist in the prevention of alcohol
23 related criminal violence throughout the State; police officer
24 training and education in areas related to alcohol related
25 crime, including but not limited to DUI training; and police
26 officer salaries, including but not limited to salaries for

 

 

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1 hire back funding for safety checkpoints, saturation patrols,
2 and liquor store sting operations.
3     (k) The Secretary of State Police DUI Fund is created as a
4 special fund in the State treasury. All moneys received by the
5 Secretary of State Police under subsection (j) of this Section
6 shall be deposited into the Secretary of State Police DUI Fund
7 and, subject to appropriation, shall be used for enforcement
8 and prevention of driving while under the influence of alcohol,
9 other drug or drugs, intoxicating compound or compounds or any
10 combination thereof, as defined by this Section, including but
11 not limited to the purchase of law enforcement equipment and
12 commodities to assist in the prevention of alcohol related
13 criminal violence throughout the State; police officer
14 training and education in areas related to alcohol related
15 crime, including but not limited to DUI training; and police
16 officer salaries, including but not limited to salaries for
17 hire back funding for safety checkpoints, saturation patrols,
18 and liquor store sting operations.
19     (l) Whenever an individual is sentenced for an offense
20 based upon an arrest for a violation of subsection (a) or a
21 similar provision of a local ordinance, and the professional
22 evaluation recommends remedial or rehabilitative treatment or
23 education, neither the treatment nor the education shall be the
24 sole disposition and either or both may be imposed only in
25 conjunction with another disposition. The court shall monitor
26 compliance with any remedial education or treatment

 

 

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1 recommendations contained in the professional evaluation.
2 Programs conducting alcohol or other drug evaluation or
3 remedial education must be licensed by the Department of Human
4 Services. If the individual is not a resident of Illinois,
5 however, the court may accept an alcohol or other drug
6 evaluation or remedial education program in the individual's
7 state of residence. Programs providing treatment must be
8 licensed under existing applicable alcoholism and drug
9 treatment licensure standards.
10     (m) In addition to any other fine or penalty required by
11 law, an individual convicted of a violation of subsection (a),
12 Section 5-7 of the Snowmobile Registration and Safety Act,
13 Section 5-16 of the Boat Registration and Safety Act, or a
14 similar provision, whose operation of a motor vehicle,
15 snowmobile, or watercraft while in violation of subsection (a),
16 Section 5-7 of the Snowmobile Registration and Safety Act,
17 Section 5-16 of the Boat Registration and Safety Act, or a
18 similar provision proximately caused an incident resulting in
19 an appropriate emergency response, shall be required to make
20 restitution to a public agency for the costs of that emergency
21 response. The restitution may not exceed $1,000 per public
22 agency for each emergency response. As used in this subsection
23 (m), "emergency response" means any incident requiring a
24 response by a police officer, a firefighter carried on the
25 rolls of a regularly constituted fire department, or an
26 ambulance.

 

 

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1 (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03;
2 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05;
3 93-840, eff. 7-30-04; 94-110, eff. 1-1-06; 94-963, eff.
4 6-28-06.)
 
5     (Text of Section from P.A. 94-113, 94-609, and 94-963)
6     Sec. 11-501. Driving while under the influence of alcohol,
7 other drug or drugs, intoxicating compound or compounds or any
8 combination thereof.
9     (a) A person shall not drive or be in actual physical
10 control of any vehicle within this State while:
11         (1) the alcohol concentration in the person's blood or
12     breath is 0.08 or more based on the definition of blood and
13     breath units in Section 11-501.2;
14         (2) under the influence of alcohol;
15         (3) under the influence of any intoxicating compound or
16     combination of intoxicating compounds to a degree that
17     renders the person incapable of driving safely;
18         (4) under the influence of any other drug or
19     combination of drugs to a degree that renders the person
20     incapable of safely driving;
21         (5) under the combined influence of alcohol, other drug
22     or drugs, or intoxicating compound or compounds to a degree
23     that renders the person incapable of safely driving; or
24         (6) there is any amount of a drug, substance, or
25     compound in the person's breath, blood, or urine resulting

 

 

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1     from the unlawful use or consumption of cannabis listed in
2     the Cannabis Control Act, a controlled substance listed in
3     the Illinois Controlled Substances Act, or an intoxicating
4     compound listed in the Use of Intoxicating Compounds Act.
5     (b) The fact that any person charged with violating this
6 Section is or has been legally entitled to use alcohol, other
7 drug or drugs, or intoxicating compound or compounds, or any
8 combination thereof, shall not constitute a defense against any
9 charge of violating this Section.
10     (b-1) With regard to penalties imposed under this Section:
11         (1) Any reference to a prior violation of subsection
12     (a) or a similar provision includes any violation of a
13     provision of a local ordinance or a provision of a law of
14     another state that is similar to a violation of subsection
15     (a) of this Section.
16         (2) Any penalty imposed for driving with a license that
17     has been revoked for a previous violation of subsection (a)
18     of this Section shall be in addition to the penalty imposed
19     for any subsequent violation of subsection (a).
20     (b-2) Except as otherwise provided in this Section, any
21 person convicted of violating subsection (a) of this Section is
22 guilty of a Class A misdemeanor.
23     (b-3) In addition to any other criminal or administrative
24 sanction for any second conviction of violating subsection (a)
25 or a similar provision committed within 5 years of a previous
26 violation of subsection (a) or a similar provision, the

 

 

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1 defendant shall be sentenced to a mandatory minimum of 5 days
2 of imprisonment or assigned a mandatory minimum of 240 hours of
3 community service as may be determined by the court.
4     (b-4) In the case of a third or subsequent violation
5 committed within 5 years of a previous violation of subsection
6 (a) or a similar provision, in addition to any other criminal
7 or administrative sanction, a mandatory minimum term of either
8 10 days of imprisonment or 480 hours of community service shall
9 be imposed.
10     (b-5) The imprisonment or assignment of community service
11 under subsections (b-3) and (b-4) shall not be subject to
12 suspension, nor shall the person be eligible for a reduced
13 sentence.
14     (c) (Blank).
15     (c-1) (1) A person who violates subsection (a) during a
16     period in which his or her driving privileges are revoked
17     or suspended, where the revocation or suspension was for a
18     violation of subsection (a), Section 11-501.1, paragraph
19     (b) of Section 11-401, or for reckless homicide as defined
20     in Section 9-3 of the Criminal Code of 1961 is guilty of a
21     Class 4 felony.
22         (2) A person who violates subsection (a) a third time,
23     if the third violation occurs during a period in which his
24     or her driving privileges are revoked or suspended where
25     the revocation or suspension was for a violation of
26     subsection (a), Section 11-501.1, paragraph (b) of Section

 

 

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1     11-401, or for reckless homicide as defined in Section 9-3
2     of the Criminal Code of 1961, is guilty of a Class 3
3     felony.
4         (2.1) A person who violates subsection (a) a third
5     time, if the third violation occurs during a period in
6     which his or her driving privileges are revoked or
7     suspended where the revocation or suspension was for a
8     violation of subsection (a), Section 11-501.1, subsection
9     (b) of Section 11-401, or for reckless homicide as defined
10     in Section 9-3 of the Criminal Code of 1961, is guilty of a
11     Class 3 felony; and if the person receives a term of
12     probation or conditional discharge, he or she shall be
13     required to serve a mandatory minimum of 10 days of
14     imprisonment or shall be assigned a mandatory minimum of
15     480 hours of community service, as may be determined by the
16     court, as a condition of the probation or conditional
17     discharge. This mandatory minimum term of imprisonment or
18     assignment of community service shall not be suspended or
19     reduced by the court.
20         (2.2) A person who violates subsection (a), if the
21     violation occurs during a period in which his or her
22     driving privileges are revoked or suspended where the
23     revocation or suspension was for a violation of subsection
24     (a) or Section 11-501.1, shall also be sentenced to an
25     additional mandatory minimum term of 30 consecutive days of
26     imprisonment, 40 days of 24-hour periodic imprisonment, or

 

 

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1     720 hours of community service, as may be determined by the
2     court. This mandatory term of imprisonment or assignment of
3     community service shall not be suspended or reduced by the
4     court.
5         (3) A person who violates subsection (a) a fourth or
6     subsequent time, if the fourth or subsequent violation
7     occurs during a period in which his or her driving
8     privileges are revoked or suspended where the revocation or
9     suspension was for a violation of subsection (a), Section
10     11-501.1, paragraph (b) of Section 11-401, or for reckless
11     homicide as defined in Section 9-3 of the Criminal Code of
12     1961, is guilty of a Class 2 felony and is not eligible for
13     a sentence of probation or conditional 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

 

 

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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

 

 

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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 4 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 4 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.

 

 

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1     (c-11) Any person convicted a fourth or subsequent time for
2 violating subsection (a) or a similar provision, if at the time
3 of the fourth or subsequent violation the person was
4 transporting a person under the age of 16, and if the person's
5 3 prior violations of subsection (a) or a similar provision
6 occurred while transporting a person under the age of 16 or
7 while the alcohol concentration in his or her blood, breath, or
8 urine was 0.16 or more based on the definition of blood,
9 breath, or urine units in Section 11-501.2, is guilty of a
10 Class 2 felony, is not eligible for probation or conditional
11 discharge, and is subject to a minimum 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

 

 

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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 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

 

 

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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

 

 

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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

 

 

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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, unless the court determines that extraordinary
5     circumstances exist and require probation, shall be
6     sentenced to: (A) a term of imprisonment of not less than 3
7     years and not more than 14 years if the violation resulted
8     in the death of one person; or (B) a term of imprisonment
9     of not less than 6 years and not more than 28 years if the
10     violation resulted in the deaths of 2 or more persons. For
11     any prosecution under this subsection (d), a certified copy
12     of the driving abstract of the defendant shall be admitted
13     as proof of any prior conviction. Any person sentenced
14     under this subsection (d) who receives a term of probation
15     or conditional discharge must serve a minimum term of
16     either 480 hours of community service or 10 days of
17     imprisonment as a condition of the probation or conditional
18     discharge. This mandatory minimum term of imprisonment or
19     assignment of community service may not be suspended or
20     reduced by the court.
21     (e) After a finding of guilt and prior to any final
22 sentencing, or an order for supervision, for an offense based
23 upon an arrest for a violation of this Section or a similar
24 provision of a local ordinance, individuals shall be required
25 to undergo a professional evaluation to determine if an
26 alcohol, drug, or intoxicating compound abuse problem exists

 

 

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1 and the extent of the problem, and undergo the imposition of
2 treatment as appropriate. Programs conducting these
3 evaluations shall be licensed by the Department of Human
4 Services. The cost of any professional evaluation shall be paid
5 for by the individual required to undergo the professional
6 evaluation.
7     (e-1) Any person who is found guilty of or pleads guilty to
8 violating this Section, including any person receiving a
9 disposition of court supervision for violating this Section,
10 may be required by the Court to attend a victim impact panel
11 offered by, or under contract with, a County State's Attorney's
12 office, a probation and court services department, Mothers
13 Against Drunk Driving, or the Alliance Against Intoxicated
14 Motorists. All costs generated by the victim impact panel shall
15 be paid from fees collected from the offender or as may be
16 determined by the court.
17     (f) Every person found guilty of violating this Section,
18 whose operation of a motor vehicle while in violation of this
19 Section proximately caused any incident resulting in an
20 appropriate emergency response, shall be liable for the expense
21 of an emergency response as provided under Section 5-5-3 of the
22 Unified Code of Corrections.
23     (g) The Secretary of State shall revoke the driving
24 privileges of any person convicted under this Section or a
25 similar provision of a local ordinance.
26     (h) (Blank).

 

 

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1     (i) The Secretary of State shall require the use of
2 ignition interlock devices on all vehicles owned by an
3 individual who has been convicted of a second or subsequent
4 offense of this Section or a similar provision of a local
5 ordinance. The Secretary shall establish by rule and regulation
6 the procedures for certification and use of the interlock
7 system.
8     (j) In addition to any other penalties and liabilities, a
9 person who is found guilty of or pleads guilty to violating
10 subsection (a), including any person placed on court
11 supervision for violating subsection (a), shall be fined $500,
12 payable to the circuit clerk, who shall distribute the money as
13 follows: 20% to the law enforcement agency that made the arrest
14 and 80% shall be forwarded to the State Treasurer for deposit
15 into the General Revenue Fund. If the person has been
16 previously convicted of violating subsection (a) or a similar
17 provision of a local ordinance, the fine shall be $1,000. In
18 the event that more than one agency is responsible for the
19 arrest, the amount payable to law enforcement agencies shall be
20 shared equally. Any moneys received by a law enforcement agency
21 under this subsection (j) shall be used for enforcement and
22 prevention of driving while under the influence of alcohol,
23 other drug or drugs, intoxicating compound or compounds or any
24 combination thereof, as defined by this Section, including but
25 not limited to the purchase of law enforcement equipment and
26 commodities that will assist in the prevention of alcohol

 

 

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1 related criminal violence throughout the State; police officer
2 training and education in areas related to alcohol related
3 crime, including but not limited to DUI training; and police
4 officer salaries, including but not limited to salaries for
5 hire back funding for safety checkpoints, saturation patrols,
6 and liquor store sting operations. Equipment and commodities
7 shall include, but are not limited to, in-car video cameras,
8 radar and laser speed detection devices, and alcohol breath
9 testers. Any moneys received by the Department of State Police
10 under this subsection (j) shall be deposited into the State
11 Police DUI Fund and shall be used for enforcement and
12 prevention of driving while under the influence of alcohol,
13 other drug or drugs, intoxicating compound or compounds or any
14 combination thereof, as defined by this Section, including but
15 not limited to the purchase of law enforcement equipment and
16 commodities that will assist in the prevention of alcohol
17 related criminal violence throughout the State; police officer
18 training and education in areas related to alcohol related
19 crime, including but not limited to DUI training; and police
20 officer salaries, including but not limited to salaries for
21 hire back funding for safety checkpoints, saturation patrols,
22 and liquor store sting operations.
23     (k) The Secretary of State Police DUI Fund is created as a
24 special fund in the State treasury. All moneys received by the
25 Secretary of State Police under subsection (j) of this Section
26 shall be deposited into the Secretary of State Police DUI Fund

 

 

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1 and, subject to appropriation, shall be used for enforcement
2 and prevention of driving while under the influence of alcohol,
3 other drug or drugs, intoxicating compound or compounds or any
4 combination thereof, as defined by this Section, including but
5 not limited to the purchase of law enforcement equipment and
6 commodities to assist in the prevention of alcohol related
7 criminal violence throughout the State; police officer
8 training and education in areas related to alcohol related
9 crime, including but not limited to DUI training; and police
10 officer salaries, including but not limited to salaries for
11 hire back funding for safety checkpoints, saturation patrols,
12 and liquor store sting operations.
13     (l) Whenever an individual is sentenced for an offense
14 based upon an arrest for a violation of subsection (a) or a
15 similar provision of a local ordinance, and the professional
16 evaluation recommends remedial or rehabilitative treatment or
17 education, neither the treatment nor the education shall be the
18 sole disposition and either or both may be imposed only in
19 conjunction with another disposition. The court shall monitor
20 compliance with any remedial education or treatment
21 recommendations contained in the professional evaluation.
22 Programs conducting alcohol or other drug evaluation or
23 remedial education must be licensed by the Department of Human
24 Services. If the individual is not a resident of Illinois,
25 however, the court may accept an alcohol or other drug
26 evaluation or remedial education program in the individual's

 

 

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1 state of residence. Programs providing treatment must be
2 licensed under existing applicable alcoholism and drug
3 treatment licensure standards.
4     (m) In addition to any other fine or penalty required by
5 law, an individual convicted of a violation of subsection (a),
6 Section 5-7 of the Snowmobile Registration and Safety Act,
7 Section 5-16 of the Boat Registration and Safety Act, or a
8 similar provision, whose operation of a motor vehicle,
9 snowmobile, or watercraft while in violation of subsection (a),
10 Section 5-7 of the Snowmobile Registration and Safety Act,
11 Section 5-16 of the Boat Registration and Safety Act, or a
12 similar provision proximately caused an incident resulting in
13 an appropriate emergency response, shall be required to make
14 restitution to a public agency for the costs of that emergency
15 response. The restitution may not exceed $1,000 per public
16 agency for each emergency response. As used in this subsection
17 (m), "emergency response" means any incident requiring a
18 response by a police officer, a firefighter carried on the
19 rolls of a regularly constituted fire department, or an
20 ambulance.
21 (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03;
22 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05;
23 93-840, eff. 7-30-04; 94-113, eff. 1-1-06; 94-609, eff. 1-1-06;
24 94-963, eff. 6-28-06.)
 
25     (Text of Section from P.A. 94-114 and 94-963)

 

 

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1     Sec. 11-501. Driving while under the influence of alcohol,
2 other drug or drugs, intoxicating compound or compounds or any
3 combination thereof.
4     (a) A person shall not drive or be in actual physical
5 control of any vehicle within this State while:
6         (1) the alcohol concentration in the person's blood or
7     breath is 0.08 or more based on the definition of blood and
8     breath units in Section 11-501.2;
9         (2) under the influence of alcohol;
10         (3) under the influence of any intoxicating compound or
11     combination of intoxicating compounds to a degree that
12     renders the person incapable of driving safely;
13         (4) under the influence of any other drug or
14     combination of drugs to a degree that renders the person
15     incapable of safely driving;
16         (5) under the combined influence of alcohol, other drug
17     or drugs, or intoxicating compound or compounds to a degree
18     that renders the person incapable of safely driving; or
19         (6) there is any amount of a drug, substance, or
20     compound in the person's breath, blood, or urine resulting
21     from the unlawful use or consumption of cannabis listed in
22     the Cannabis Control Act, a controlled substance listed in
23     the Illinois Controlled Substances Act, or an intoxicating
24     compound listed in the Use of Intoxicating Compounds Act.
25     (b) The fact that any person charged with violating this
26 Section is or has been legally entitled to use alcohol, other

 

 

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1 drug or drugs, or intoxicating compound or compounds, or any
2 combination thereof, shall not constitute a defense against any
3 charge of violating this Section.
4     (b-1) With regard to penalties imposed under this Section:
5         (1) Any reference to a prior violation of subsection
6     (a) or a similar provision includes any violation of a
7     provision of a local ordinance or a provision of a law of
8     another state that is similar to a violation of subsection
9     (a) of this Section.
10         (2) Any penalty imposed for driving with a license that
11     has been revoked for a previous violation of subsection (a)
12     of this Section shall be in addition to the penalty imposed
13     for any subsequent violation of subsection (a).
14     (b-2) Except as otherwise provided in this Section, any
15 person convicted of violating subsection (a) of this Section is
16 guilty of a Class A misdemeanor.
17     (b-3) In addition to any other criminal or administrative
18 sanction for any second conviction of violating subsection (a)
19 or a similar provision committed within 5 years of a previous
20 violation of subsection (a) or a similar provision, the
21 defendant shall be sentenced to a mandatory minimum of 5 days
22 of imprisonment or assigned a mandatory minimum of 240 hours of
23 community service as may be determined by the court.
24     (b-4) In the case of a third or subsequent violation
25 committed within 5 years of a previous violation of subsection
26 (a) or a similar provision, in addition to any other criminal

 

 

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1 or administrative sanction, a mandatory minimum term of either
2 10 days of imprisonment or 480 hours of community service shall
3 be imposed.
4     (b-5) The imprisonment or assignment of community service
5 under subsections (b-3) and (b-4) shall not be subject to
6 suspension, nor shall the person be eligible for a reduced
7 sentence.
8     (c) (Blank).
9     (c-1) (1) A person who violates subsection (a) during a
10     period in which his or her driving privileges are revoked
11     or suspended, where the revocation or suspension was for a
12     violation of subsection (a), Section 11-501.1, paragraph
13     (b) of Section 11-401, or for reckless homicide as defined
14     in Section 9-3 of the Criminal Code of 1961 is guilty of a
15     Class 4 felony.
16         (2) A person who violates subsection (a) a third time,
17     if the third violation occurs during a period in which his
18     or her driving privileges are revoked or suspended where
19     the revocation or suspension was for a violation of
20     subsection (a), Section 11-501.1, paragraph (b) of Section
21     11-401, or for reckless homicide as defined in Section 9-3
22     of the Criminal Code of 1961, is guilty of a Class 3
23     felony.
24         (2.1) A person who violates subsection (a) a third
25     time, if the third violation occurs during a period in
26     which his or her driving privileges are revoked or

 

 

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1     suspended where the revocation or suspension was for a
2     violation of subsection (a), Section 11-501.1, subsection
3     (b) of Section 11-401, or for reckless homicide as defined
4     in Section 9-3 of the Criminal Code of 1961, is guilty of a
5     Class 3 felony; and if the person receives a term of
6     probation or conditional discharge, he or she shall be
7     required to serve a mandatory minimum of 10 days of
8     imprisonment or shall be assigned a mandatory minimum of
9     480 hours of community service, as may be determined by the
10     court, as a condition of the probation or conditional
11     discharge. This mandatory minimum term of imprisonment or
12     assignment of community service shall not be suspended or
13     reduced by the court.
14         (2.2) A person who violates subsection (a), if the
15     violation occurs during a period in which his or her
16     driving privileges are revoked or suspended where the
17     revocation or suspension was for a violation of subsection
18     (a) or Section 11-501.1, shall also be sentenced to an
19     additional mandatory minimum term of 30 consecutive days of
20     imprisonment, 40 days of 24-hour periodic imprisonment, or
21     720 hours of community service, as may be determined by the
22     court. This mandatory term of imprisonment or assignment of
23     community service shall not be suspended or reduced by the
24     court.
25         (3) A person who violates subsection (a) a fourth or
26     fifth time, if the fourth or fifth violation occurs during

 

 

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1     a period in which his or her driving privileges are revoked
2     or suspended where the revocation or suspension was for a
3     violation of subsection (a), Section 11-501.1, paragraph
4     (b) of Section 11-401, or for reckless homicide as defined
5     in Section 9-3 of the Criminal Code of 1961, is guilty of a
6     Class 2 felony and is not eligible for a sentence of
7     probation or conditional discharge.
8     (c-2) (Blank).
9     (c-3) (Blank).
10     (c-4) (Blank).
11     (c-5) A person who violates subsection (a), if the person
12 was transporting a person under the age of 16 at the time of
13 the violation, is subject to an additional mandatory minimum
14 fine of $1,000, an additional mandatory minimum 140 hours of
15 community service, which shall include 40 hours of community
16 service in a program benefiting children, and an additional 2
17 days of imprisonment. The imprisonment or assignment of
18 community service under this subsection (c-5) is not subject to
19 suspension, nor is the person eligible for a reduced sentence.
20     (c-6) Except as provided in subsections (c-7) and (c-8) a
21 person who violates subsection (a) a second time, if at the
22 time of the second violation the person was transporting a
23 person under the age of 16, is subject to an additional 10 days
24 of imprisonment, an additional mandatory minimum fine of
25 $1,000, and an additional mandatory minimum 140 hours of
26 community service, which shall include 40 hours of community

 

 

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1 service in a program benefiting children. The imprisonment or
2 assignment of community service under this subsection (c-6) is
3 not subject to suspension, nor is the person eligible for a
4 reduced sentence.
5     (c-7) Except as provided in subsection (c-8), any person
6 convicted of violating subsection (c-6) or a similar provision
7 within 10 years of a previous violation of subsection (a) or a
8 similar provision shall receive, in addition to any other
9 penalty imposed, a mandatory minimum 12 days imprisonment, an
10 additional 40 hours of mandatory community service in a program
11 benefiting children, and a mandatory minimum fine of $1,750.
12 The imprisonment or assignment of community service under this
13 subsection (c-7) is not subject to suspension, nor is the
14 person eligible for a reduced sentence.
15     (c-8) Any person convicted of violating subsection (c-6) or
16 a similar provision within 5 years of a previous violation of
17 subsection (a) or a similar provision shall receive, in
18 addition to any other penalty imposed, an additional 80 hours
19 of mandatory community service in a program benefiting
20 children, an additional mandatory minimum 12 days of
21 imprisonment, and a mandatory minimum fine of $1,750. The
22 imprisonment or assignment of community service under this
23 subsection (c-8) is not subject to suspension, nor is the
24 person eligible for a reduced sentence.
25     (c-9) Any person convicted a third time for violating
26 subsection (a) or a similar provision, if at the time of the

 

 

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1 third violation the person was transporting a person under the
2 age of 16, is guilty of a Class 4 felony and shall receive, in
3 addition to any other penalty imposed, an additional mandatory
4 fine of $1,000, an additional mandatory 140 hours of community
5 service, which shall include 40 hours in a program benefiting
6 children, and a mandatory minimum 30 days of imprisonment. The
7 imprisonment or assignment of community service under this
8 subsection (c-9) is not subject to suspension, nor is the
9 person eligible for a reduced sentence.
10     (c-10) Any person convicted of violating subsection (c-9)
11 or a similar provision a third time within 20 years of a
12 previous violation of subsection (a) or a similar provision is
13 guilty of a Class 4 felony and shall receive, in addition to
14 any other penalty imposed, an additional mandatory 40 hours of
15 community service in a program benefiting children, an
16 additional mandatory fine of $3,000, and a mandatory minimum
17 120 days of imprisonment. The imprisonment or assignment of
18 community service under this subsection (c-10) is not subject
19 to suspension, nor is the person eligible for a reduced
20 sentence.
21     (c-11) Any person convicted a fourth or fifth time for
22 violating subsection (a) or a similar provision, if at the time
23 of the fourth or fifth violation the person was transporting a
24 person under the age of 16, and if the person's 3 prior
25 violations of subsection (a) or a similar provision occurred
26 while transporting a person under the age of 16 or while the

 

 

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1 alcohol concentration in his or her blood, breath, or urine was
2 0.16 or more based on the definition of blood, breath, or urine
3 units in Section 11-501.2, is guilty of a Class 2 felony, is
4 not eligible for probation or conditional discharge, and is
5 subject to a minimum fine of $3,000.
6     (c-12) Any person convicted of a first violation of
7 subsection (a) or a similar provision, if the alcohol
8 concentration in his or her blood, breath, or urine was 0.16 or
9 more based on the definition of blood, breath, or urine units
10 in Section 11-501.2, shall be subject, in addition to any other
11 penalty that may be imposed, to a mandatory minimum of 100
12 hours of community service and a mandatory minimum fine of
13 $500.
14     (c-13) Any person convicted of a second violation of
15 subsection (a) or a similar provision committed within 10 years
16 of a previous violation of subsection (a) or a similar
17 provision committed within 10 years of a previous violation of
18 subsection (a) or a similar provision, if at the time of the
19 second violation of subsection (a) the alcohol concentration in
20 his or her blood, breath, or urine was 0.16 or more based on
21 the definition of blood, breath, or urine units in Section
22 11-501.2, shall be subject, in addition to any other penalty
23 that may be imposed, to a mandatory minimum of 2 days of
24 imprisonment and a mandatory minimum fine of $1,250.
25     (c-14) Any person convicted of a third violation of
26 subsection (a) or a similar provision within 20 years of a

 

 

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1 previous violation of subsection (a) or a similar provision, if
2 at the time of the third violation of subsection (a) or a
3 similar provision the alcohol concentration in his or her
4 blood, breath, or urine was 0.16 or more based on the
5 definition of blood, breath, or urine units in Section
6 11-501.2, is guilty of a Class 4 felony and shall be subject,
7 in addition to any other penalty that may be imposed, to a
8 mandatory minimum of 90 days of imprisonment and a mandatory
9 minimum fine of $2,500.
10     (c-15) Any person convicted of a fourth or fifth violation
11 of subsection (a) or a similar provision, if at the time of the
12 fourth or fifth violation the alcohol concentration in his or
13 her blood, breath, or urine was 0.16 or more based on the
14 definition of blood, breath, or urine units in Section
15 11-501.2, and if the person's 3 prior violations of subsection
16 (a) or a similar provision occurred while transporting a person
17 under the age of 16 or while the alcohol concentration in his
18 or her blood, breath, or urine was 0.16 or more based on the
19 definition of blood, breath, or urine units in Section
20 11-501.2, is guilty of a Class 2 felony and is not eligible for
21 a sentence of probation or conditional discharge and is subject
22 to a minimum fine of $2,500.
23     (c-16) Any person convicted of a sixth or subsequent
24 violation of subsection (a) is guilty of a Class X felony.
25     (d) (1) Every person convicted of committing a violation of
26     this Section shall be guilty of aggravated driving under

 

 

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1     the influence of alcohol, other drug or drugs, or
2     intoxicating compound or compounds, or any combination
3     thereof if:
4             (A) the person committed a violation of subsection
5         (a) or a similar provision for the third or subsequent
6         time;
7             (B) the person committed a violation of subsection
8         (a) while driving a school bus with persons 18 years of
9         age or younger on board;
10             (C) the person in committing a violation of
11         subsection (a) was involved in a motor vehicle accident
12         that resulted in great bodily harm or permanent
13         disability or disfigurement to another, when the
14         violation was a proximate cause of the injuries;
15             (D) the person committed a violation of subsection
16         (a) for a second time and has been previously convicted
17         of violating Section 9-3 of the Criminal Code of 1961
18         or a similar provision of a law of another state
19         relating to reckless homicide in which the person was
20         determined to have been under the influence of alcohol,
21         other drug or drugs, or intoxicating compound or
22         compounds as an element of the offense or the person
23         has previously been convicted under subparagraph (C)
24         or subparagraph (F) of this paragraph (1);
25             (E) the person, in committing a violation of
26         subsection (a) while driving at any speed in a school

 

 

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1         speed zone at a time when a speed limit of 20 miles per
2         hour was in effect under subsection (a) of Section
3         11-605 of this Code, was involved in a motor vehicle
4         accident that resulted in bodily harm, other than great
5         bodily harm or permanent disability or disfigurement,
6         to another person, when the violation of subsection (a)
7         was a proximate cause of the bodily harm; or
8             (F) the person, in committing a violation of
9         subsection (a), was involved in a motor vehicle,
10         snowmobile, all-terrain vehicle, or watercraft
11         accident that resulted in the death of another person,
12         when the violation of subsection (a) was a proximate
13         cause of the death.
14         (2) Except as provided in this paragraph (2), a person
15     convicted of aggravated driving under the influence of
16     alcohol, other drug or drugs, or intoxicating compound or
17     compounds, or any combination thereof is guilty of a Class
18     4 felony. For a violation of subparagraph (C) of paragraph
19     (1) of this subsection (d), the defendant, if sentenced to
20     a term of imprisonment, shall be sentenced to not less than
21     one year nor more than 12 years. Aggravated driving under
22     the influence of alcohol, other drug or drugs, or
23     intoxicating compound or compounds, or any combination
24     thereof as defined in subparagraph (F) of paragraph (1) of
25     this subsection (d) is a Class 2 felony, for which the
26     defendant, if sentenced to a term of imprisonment, shall be

 

 

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1     sentenced to: (A) a term of imprisonment of not less than 3
2     years and not more than 14 years if the violation resulted
3     in the death of one person; or (B) a term of imprisonment
4     of not less than 6 years and not more than 28 years if the
5     violation resulted in the deaths of 2 or more persons. For
6     any prosecution under this subsection (d), a certified copy
7     of the driving abstract of the defendant shall be admitted
8     as proof of any prior conviction. Any person sentenced
9     under this subsection (d) who receives a term of probation
10     or conditional discharge must serve a minimum term of
11     either 480 hours of community service or 10 days of
12     imprisonment as a condition of the probation or conditional
13     discharge. This mandatory minimum term of imprisonment or
14     assignment of community service may not be suspended or
15     reduced by the court.
16     (e) After a finding of guilt and prior to any final
17 sentencing, or an order for supervision, for an offense based
18 upon an arrest for a violation of this Section or a similar
19 provision of a local ordinance, individuals shall be required
20 to undergo a professional evaluation to determine if an
21 alcohol, drug, or intoxicating compound abuse problem exists
22 and the extent of the problem, and undergo the imposition of
23 treatment as appropriate. Programs conducting these
24 evaluations shall be licensed by the Department of Human
25 Services. The cost of any professional evaluation shall be paid
26 for by the individual required to undergo the professional

 

 

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1 evaluation.
2     (e-1) Any person who is found guilty of or pleads guilty to
3 violating this Section, including any person receiving a
4 disposition of court supervision for violating this Section,
5 may be required by the Court to attend a victim impact panel
6 offered by, or under contract with, a County State's Attorney's
7 office, a probation and court services department, Mothers
8 Against Drunk Driving, or the Alliance Against Intoxicated
9 Motorists. All costs generated by the victim impact panel shall
10 be paid from fees collected from the offender or as may be
11 determined by the court.
12     (f) Every person found guilty of violating this Section,
13 whose operation of a motor vehicle while in violation of this
14 Section proximately caused any incident resulting in an
15 appropriate emergency response, shall be liable for the expense
16 of an emergency response as provided under Section 5-5-3 of the
17 Unified Code of Corrections.
18     (g) The Secretary of State shall revoke the driving
19 privileges of any person convicted under this Section or a
20 similar provision of a local ordinance.
21     (h) (Blank).
22     (i) The Secretary of State shall require the use of
23 ignition interlock devices on all vehicles owned by an
24 individual who has been convicted of a second or subsequent
25 offense of this Section or a similar provision of a local
26 ordinance. The Secretary shall establish by rule and regulation

 

 

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1 the procedures for certification and use of the interlock
2 system.
3     (j) In addition to any other penalties and liabilities, a
4 person who is found guilty of or pleads guilty to violating
5 subsection (a), including any person placed on court
6 supervision for violating subsection (a), shall be fined $500,
7 payable to the circuit clerk, who shall distribute the money as
8 follows: 20% to the law enforcement agency that made the arrest
9 and 80% shall be forwarded to the State Treasurer for deposit
10 into the General Revenue Fund. If the person has been
11 previously convicted of violating subsection (a) or a similar
12 provision of a local ordinance, the fine shall be $1,000. In
13 the event that more than one agency is responsible for the
14 arrest, the amount payable to law enforcement agencies shall be
15 shared equally. Any moneys received by a law enforcement agency
16 under this subsection (j) 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,

 

 

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1 and liquor store sting operations. Equipment and commodities
2 shall include, but are not limited to, in-car video cameras,
3 radar and laser speed detection devices, and alcohol breath
4 testers. Any moneys received by the Department of State Police
5 under this subsection (j) shall be deposited into the State
6 Police DUI Fund and shall be used for enforcement and
7 prevention of driving while under the influence of alcohol,
8 other drug or drugs, intoxicating compound or compounds or any
9 combination thereof, as defined by this Section, including but
10 not limited to the purchase of law enforcement equipment and
11 commodities that will assist in the prevention of alcohol
12 related criminal violence throughout the State; police officer
13 training and education in areas related to alcohol related
14 crime, including but not limited to DUI training; and police
15 officer salaries, including but not limited to salaries for
16 hire back funding for safety checkpoints, saturation patrols,
17 and liquor store sting operations.
18     (k) The Secretary of State Police DUI Fund is created as a
19 special fund in the State treasury. All moneys received by the
20 Secretary of State Police under subsection (j) of this Section
21 shall be deposited into the Secretary of State Police DUI Fund
22 and, subject to appropriation, shall be used for enforcement
23 and prevention of driving while under the influence of alcohol,
24 other drug or drugs, intoxicating compound or compounds or any
25 combination thereof, as defined by this Section, including but
26 not limited to the purchase of law enforcement equipment and

 

 

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1 commodities to assist in the prevention of alcohol related
2 criminal violence throughout the State; police officer
3 training and education in areas related to alcohol related
4 crime, including but not limited to DUI training; and police
5 officer salaries, including but not limited to salaries for
6 hire back funding for safety checkpoints, saturation patrols,
7 and liquor store sting operations.
8     (l) Whenever an individual is sentenced for an offense
9 based upon an arrest for a violation of subsection (a) or a
10 similar provision of a local ordinance, and the professional
11 evaluation recommends remedial or rehabilitative treatment or
12 education, neither the treatment nor the education shall be the
13 sole disposition and either or both may be imposed only in
14 conjunction with another disposition. The court shall monitor
15 compliance with any remedial education or treatment
16 recommendations contained in the professional evaluation.
17 Programs conducting alcohol or other drug evaluation or
18 remedial education must be licensed by the Department of Human
19 Services. If the individual is not a resident of Illinois,
20 however, the court may accept an alcohol or other drug
21 evaluation or remedial education program in the individual's
22 state of residence. Programs providing treatment must be
23 licensed under existing applicable alcoholism and drug
24 treatment licensure standards.
25     (m) In addition to any other fine or penalty required by
26 law, an individual convicted of a violation of subsection (a),

 

 

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1 Section 5-7 of the Snowmobile Registration and Safety Act,
2 Section 5-16 of the Boat Registration and Safety Act, or a
3 similar provision, whose operation of a motor vehicle,
4 snowmobile, or watercraft while in 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 proximately caused an incident resulting in
8 an appropriate emergency response, shall be required to make
9 restitution to a public agency for the costs of that emergency
10 response. The restitution may not exceed $1,000 per public
11 agency for each emergency response. As used in this subsection
12 (m), "emergency response" means any incident requiring a
13 response by a police officer, a firefighter carried on the
14 rolls of a regularly constituted fire department, or an
15 ambulance.
16 (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03;
17 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05;
18 93-840, eff. 7-30-04; 94-114, eff. 1-1-06; 94-963, eff.
19 6-28-06.)
 
20     (Text of Section from P.A. 94-116 and 94-963)
21     Sec. 11-501. Driving while under the influence of alcohol,
22 other drug or drugs, intoxicating compound or compounds or any
23 combination thereof.
24     (a) A person shall not drive or be in actual physical
25 control of any vehicle within this State while:

 

 

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1         (1) the alcohol concentration in the person's blood or
2     breath is 0.08 or more based on the definition of blood and
3     breath units in Section 11-501.2;
4         (2) under the influence of alcohol;
5         (3) under the influence of any intoxicating compound or
6     combination of intoxicating compounds to a degree that
7     renders the person incapable of driving safely;
8         (4) under the influence of any other drug or
9     combination of drugs to a degree that renders the person
10     incapable of safely driving;
11         (5) under the combined influence of alcohol, other drug
12     or drugs, or intoxicating compound or compounds to a degree
13     that renders the person incapable of safely driving; or
14         (6) there is any amount of a drug, substance, or
15     compound in the person's breath, blood, or urine resulting
16     from the unlawful use or consumption of cannabis listed in
17     the Cannabis Control Act, a controlled substance listed in
18     the Illinois Controlled Substances Act, or an intoxicating
19     compound listed in the Use of Intoxicating Compounds Act.
20     (b) The fact that any person charged with violating this
21 Section is or has been legally entitled to use alcohol, other
22 drug or drugs, or intoxicating compound or compounds, or any
23 combination thereof, shall not constitute a defense against any
24 charge of violating this Section.
25     (b-1) With regard to penalties imposed under this Section:
26         (1) Any reference to a prior violation of subsection

 

 

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1     (a) or a similar provision includes any violation of a
2     provision of a local ordinance or a provision of a law of
3     another state that is similar to a violation of subsection
4     (a) of this Section.
5         (2) Any penalty imposed for driving with a license that
6     has been revoked for a previous violation of subsection (a)
7     of this Section shall be in addition to the penalty imposed
8     for any subsequent violation of subsection (a).
9     (b-2) Except as otherwise provided in this Section, any
10 person convicted of violating subsection (a) of this Section is
11 guilty of a Class A misdemeanor.
12     (b-3) In addition to any other criminal or administrative
13 sanction for any second conviction of violating subsection (a)
14 or a similar provision committed within 5 years of a previous
15 violation of subsection (a) or a similar provision, the
16 defendant shall be sentenced to a mandatory minimum of 5 days
17 of imprisonment or assigned a mandatory minimum of 240 hours of
18 community service as may be determined by the court.
19     (b-4) In the case of a third violation committed within 5
20 years of a previous violation of subsection (a) or a similar
21 provision, the defendant is guilty of a Class 2 felony, and in
22 addition to any other criminal or administrative sanction, a
23 mandatory minimum term of either 10 days of imprisonment or 480
24 hours of community service shall be imposed.
25     (b-5) The imprisonment or assignment of community service
26 under subsections (b-3) and (b-4) shall not be subject to

 

 

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1 suspension, nor shall the person be eligible for a reduced
2 sentence.
3     (c) (Blank).
4     (c-1) (1) A person who violates subsection (a) during a
5     period in which his or her driving privileges are revoked
6     or suspended, where the revocation or suspension was for a
7     violation of subsection (a), Section 11-501.1, paragraph
8     (b) of Section 11-401, or for reckless homicide as defined
9     in Section 9-3 of the Criminal Code of 1961 is guilty of a
10     Class 4 felony.
11         (2) A person who violates subsection (a) a third time
12     is guilty of a Class 2 felony.
13         (2.1) A person who violates subsection (a) a third
14     time, if the third violation occurs during a period in
15     which his or her driving privileges are revoked or
16     suspended where the revocation or suspension was for a
17     violation of subsection (a), Section 11-501.1, subsection
18     (b) of Section 11-401, or for reckless homicide as defined
19     in Section 9-3 of the Criminal Code of 1961, is guilty of a
20     Class 2 felony; and if the person receives a term of
21     probation or conditional discharge, he or she shall be
22     required to serve a mandatory minimum of 10 days of
23     imprisonment or shall be assigned a mandatory minimum of
24     480 hours of community service, as may be determined by the
25     court, as a condition of the probation or conditional
26     discharge. This mandatory minimum term of imprisonment or

 

 

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1     assignment of community service shall not be suspended or
2     reduced by the court.
3         (2.2) A person who violates subsection (a), if the
4     violation occurs during a period in which his or her
5     driving privileges are revoked or suspended where the
6     revocation or suspension was for a violation of subsection
7     (a) or Section 11-501.1, shall also be sentenced to an
8     additional mandatory minimum term of 30 consecutive days of
9     imprisonment, 40 days of 24-hour periodic imprisonment, or
10     720 hours of community service, as may be determined by the
11     court. This mandatory term of imprisonment or assignment of
12     community service shall not be suspended or reduced by the
13     court.
14         (3) A person who violates subsection (a) a fourth time
15     is guilty of a Class 2 felony and is not eligible for a
16     sentence of probation or conditional discharge.
17         (4) A person who violates subsection (a) a fifth or
18     subsequent time is guilty of a Class 1 felony and is not
19     eligible for a sentence of probation or conditional
20     discharge.
21     (c-2) (Blank).
22     (c-3) (Blank).
23     (c-4) (Blank).
24     (c-5) A person who violates subsection (a), if the person
25 was transporting a person under the age of 16 at the time of
26 the violation, is subject to an additional mandatory minimum

 

 

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1 fine of $1,000, an additional mandatory minimum 140 hours of
2 community service, which shall include 40 hours of community
3 service in a program benefiting children, and an additional 2
4 days of imprisonment. The imprisonment or assignment of
5 community service under this subsection (c-5) is not subject to
6 suspension, nor is the person eligible for a reduced sentence.
7     (c-6) Except as provided in subsections (c-7) and (c-8) a
8 person who violates subsection (a) a second time, if at the
9 time of the second violation the person was transporting a
10 person under the age of 16, is subject to an additional 10 days
11 of imprisonment, an additional mandatory minimum fine of
12 $1,000, and an additional mandatory minimum 140 hours of
13 community service, which shall include 40 hours of community
14 service in a program benefiting children. The imprisonment or
15 assignment of community service under this subsection (c-6) is
16 not subject to suspension, nor is the person eligible for a
17 reduced sentence.
18     (c-7) Except as provided in subsection (c-8), any person
19 convicted of violating subsection (c-6) or a similar provision
20 within 10 years of a previous violation of subsection (a) or a
21 similar provision shall receive, in addition to any other
22 penalty imposed, a mandatory minimum 12 days imprisonment, an
23 additional 40 hours of mandatory community service in a program
24 benefiting children, and a mandatory minimum fine of $1,750.
25 The imprisonment or assignment of community service under this
26 subsection (c-7) is not subject to suspension, nor is the

 

 

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1 person eligible for a reduced sentence.
2     (c-8) Any person convicted of violating subsection (c-6) or
3 a similar provision within 5 years of a previous violation of
4 subsection (a) or a similar provision shall receive, in
5 addition to any other penalty imposed, an additional 80 hours
6 of mandatory community service in a program benefiting
7 children, an additional mandatory minimum 12 days of
8 imprisonment, and a mandatory minimum fine of $1,750. The
9 imprisonment or assignment of community service under this
10 subsection (c-8) is not subject to suspension, nor is the
11 person eligible for a reduced sentence.
12     (c-9) Any person convicted a third time for violating
13 subsection (a) or a similar provision, if at the time of the
14 third violation the person was transporting a person under the
15 age of 16, is guilty of a Class 2 felony and shall receive, in
16 addition to any other penalty imposed, an additional mandatory
17 fine of $1,000, an additional mandatory 140 hours of community
18 service, which shall include 40 hours in a program benefiting
19 children, and a mandatory minimum 30 days of imprisonment. The
20 imprisonment or assignment of community service under this
21 subsection (c-9) is not subject to suspension, nor is the
22 person eligible for a reduced sentence.
23     (c-10) Any person convicted of violating subsection (c-9)
24 or a similar provision a third time within 20 years of a
25 previous violation of subsection (a) or a similar provision is
26 guilty of a Class 2 felony and shall receive, in addition to

 

 

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1 any other penalty imposed, an additional mandatory 40 hours of
2 community service in a program benefiting children, an
3 additional mandatory fine of $3,000, and a mandatory minimum
4 120 days of imprisonment. The imprisonment or assignment of
5 community service under this subsection (c-10) is not subject
6 to suspension, nor is the person eligible for a reduced
7 sentence.
8     (c-11) Any person convicted a fourth time for violating
9 subsection (a) or a similar provision, if at the time of the
10 fourth violation the person was transporting a person under the
11 age of 16, and if the person's 3 prior violations of subsection
12 (a) or a similar provision occurred while transporting a person
13 under the age of 16 or while the alcohol concentration in his
14 or her blood, breath, or urine was 0.16 or more based on the
15 definition of blood, breath, or urine units in Section
16 11-501.2, is guilty of a Class 2 felony, is not eligible for
17 probation or conditional discharge, and is subject to a minimum
18 fine of $3,000.
19     (c-12) Any person convicted of a first violation of
20 subsection (a) or a similar provision, if the alcohol
21 concentration in his or her blood, breath, or urine was 0.16 or
22 more based on the definition of blood, breath, or urine units
23 in Section 11-501.2, shall be subject, in addition to any other
24 penalty that may be imposed, to a mandatory minimum of 100
25 hours of community service and a mandatory minimum fine of
26 $500.

 

 

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1     (c-13) Any person convicted of a second violation of
2 subsection (a) or a similar provision committed within 10 years
3 of a previous violation of subsection (a) or a similar
4 provision committed within 10 years of a previous violation of
5 subsection (a) or a similar provision, if at the time of the
6 second violation of subsection (a) the alcohol concentration in
7 his or her blood, breath, or urine was 0.16 or more based on
8 the definition of blood, breath, or urine units in Section
9 11-501.2, shall be subject, in addition to any other penalty
10 that may be imposed, to a mandatory minimum of 2 days of
11 imprisonment and a mandatory minimum fine of $1,250.
12     (c-14) Any person convicted of a third violation of
13 subsection (a) or a similar provision within 20 years of a
14 previous violation of subsection (a) or a similar provision, if
15 at the time of the third violation of subsection (a) or a
16 similar provision the alcohol concentration in his or her
17 blood, breath, or urine was 0.16 or more based on the
18 definition of blood, breath, or urine units in Section
19 11-501.2, is guilty of a Class 2 felony and shall be subject,
20 in addition to any other penalty that may be imposed, to a
21 mandatory minimum of 90 days of imprisonment and a mandatory
22 minimum fine of $2,500.
23     (c-15) Any person convicted of a fourth violation of
24 subsection (a) or a similar provision, if at the time of the
25 fourth violation the alcohol concentration in his or her blood,
26 breath, or urine was 0.16 or more based on the definition of

 

 

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1 blood, breath, or urine units in Section 11-501.2, and if the
2 person's 3 prior violations of subsection (a) or a similar
3 provision occurred while transporting a person under the age of
4 16 or while the alcohol concentration in his or her blood,
5 breath, or urine was 0.16 or more based on the definition of
6 blood, breath, or urine units in Section 11-501.2, is guilty of
7 a Class 2 felony and is not eligible for a sentence of
8 probation or conditional discharge and is subject to a minimum
9 fine of $2,500.
10     (d) (1) Every person convicted of committing a violation of
11     this Section shall be guilty of aggravated driving under
12     the influence of alcohol, other drug or drugs, or
13     intoxicating compound or compounds, or any combination
14     thereof if:
15             (A) the person committed a violation of subsection
16         (a) or a similar provision for the third or subsequent
17         time;
18             (B) the person committed a violation of subsection
19         (a) while driving a school bus with persons 18 years of
20         age or younger on board;
21             (C) the person in committing a violation of
22         subsection (a) was involved in a motor vehicle accident
23         that resulted in great bodily harm or permanent
24         disability or disfigurement to another, when the
25         violation was a proximate cause of the injuries;
26             (D) the person committed a violation of subsection

 

 

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

 

 

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

 

 

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1     or conditional discharge must serve a minimum term of
2     either 480 hours of community service or 10 days of
3     imprisonment as a condition of the probation or conditional
4     discharge. This mandatory minimum term of imprisonment or
5     assignment of community service may not be suspended or
6     reduced by the court.
7     (e) After a finding of guilt and prior to any final
8 sentencing, or an order for supervision, for an offense based
9 upon an arrest for a violation of this Section or a similar
10 provision of a local ordinance, individuals shall be required
11 to undergo a professional evaluation to determine if an
12 alcohol, drug, or intoxicating compound abuse problem exists
13 and the extent of the problem, and undergo the imposition of
14 treatment as appropriate. Programs conducting these
15 evaluations shall be licensed by the Department of Human
16 Services. The cost of any professional evaluation shall be paid
17 for by the individual required to undergo the professional
18 evaluation.
19     (e-1) Any person who is found guilty of or pleads guilty to
20 violating this Section, including any person receiving a
21 disposition of court supervision for violating this Section,
22 may be required by the Court to attend a victim impact panel
23 offered by, or under contract with, a County State's Attorney's
24 office, a probation and court services department, Mothers
25 Against Drunk Driving, or the Alliance Against Intoxicated
26 Motorists. All costs generated by the victim impact panel shall

 

 

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1 be paid from fees collected from the offender or as may be
2 determined by the court.
3     (f) Every person found guilty of violating this Section,
4 whose operation of a motor vehicle while in violation of this
5 Section proximately caused any incident resulting in an
6 appropriate emergency response, shall be liable for the expense
7 of an emergency response as provided under Section 5-5-3 of the
8 Unified Code of Corrections.
9     (g) The Secretary of State shall revoke the driving
10 privileges of any person convicted under this Section or a
11 similar provision of a local ordinance.
12     (h) (Blank).
13     (i) The Secretary of State shall require the use of
14 ignition interlock devices on all vehicles owned by an
15 individual who has been convicted of a second or subsequent
16 offense of this Section or a similar provision of a local
17 ordinance. The Secretary shall establish by rule and regulation
18 the procedures for certification and use of the interlock
19 system.
20     (j) In addition to any other penalties and liabilities, a
21 person who is found guilty of or pleads guilty to violating
22 subsection (a), including any person placed on court
23 supervision for violating subsection (a), shall be fined $500,
24 payable to the circuit clerk, who shall distribute the money as
25 follows: 20% to the law enforcement agency that made the arrest
26 and 80% shall be forwarded to the State Treasurer for deposit

 

 

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1 into the General Revenue Fund. If the person has been
2 previously convicted of violating subsection (a) or a similar
3 provision of a local ordinance, the fine shall be $1,000. In
4 the event that more than one agency is responsible for the
5 arrest, the amount payable to law enforcement agencies shall be
6 shared equally. Any moneys received by a law enforcement agency
7 under this subsection (j) shall be used for enforcement and
8 prevention of driving while under the influence of alcohol,
9 other drug or drugs, intoxicating compound or compounds or any
10 combination thereof, as defined by this Section, including but
11 not limited to the purchase of law enforcement equipment and
12 commodities that will assist in the prevention of alcohol
13 related criminal violence throughout the State; police officer
14 training and education in areas related to alcohol related
15 crime, including but not limited to DUI training; and police
16 officer salaries, including but not limited to salaries for
17 hire back funding for safety checkpoints, saturation patrols,
18 and liquor store sting operations. Equipment and commodities
19 shall include, but are not limited to, in-car video cameras,
20 radar and laser speed detection devices, and alcohol breath
21 testers. Any moneys received by the Department of State Police
22 under this subsection (j) shall be deposited into the State
23 Police DUI Fund and shall be used for enforcement and
24 prevention of driving while under the influence of alcohol,
25 other drug or drugs, intoxicating compound or compounds or any
26 combination thereof, as defined by this Section, including but

 

 

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1 not limited to the purchase of law enforcement equipment and
2 commodities that will assist in the prevention of alcohol
3 related criminal violence throughout the State; police officer
4 training and education in areas related to alcohol related
5 crime, including but not limited to DUI training; and police
6 officer salaries, including but not limited to salaries for
7 hire back funding for safety checkpoints, saturation patrols,
8 and liquor store sting operations.
9     (k) The Secretary of State Police DUI Fund is created as a
10 special fund in the State treasury. All moneys received by the
11 Secretary of State Police under subsection (j) of this Section
12 shall be deposited into the Secretary of State Police DUI Fund
13 and, subject to appropriation, shall be used for enforcement
14 and prevention of driving while under the influence of alcohol,
15 other drug or drugs, intoxicating compound or compounds or any
16 combination thereof, as defined by this Section, including but
17 not limited to the purchase of law enforcement equipment and
18 commodities to assist in the prevention of alcohol related
19 criminal violence throughout the State; police officer
20 training and education in areas related to alcohol related
21 crime, including but not limited to DUI training; and police
22 officer salaries, including but not limited to salaries for
23 hire back funding for safety checkpoints, saturation patrols,
24 and liquor store sting operations.
25     (l) Whenever an individual is sentenced for an offense
26 based upon an arrest for a violation of subsection (a) or a

 

 

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1 similar provision of a local ordinance, and the professional
2 evaluation recommends remedial or rehabilitative treatment or
3 education, neither the treatment nor the education shall be the
4 sole disposition and either or both may be imposed only in
5 conjunction with another disposition. The court shall monitor
6 compliance with any remedial education or treatment
7 recommendations contained in the professional evaluation.
8 Programs conducting alcohol or other drug evaluation or
9 remedial education must be licensed by the Department of Human
10 Services. If the individual is not a resident of Illinois,
11 however, the court may accept an alcohol or other drug
12 evaluation or remedial education program in the individual's
13 state of residence. Programs providing treatment must be
14 licensed under existing applicable alcoholism and drug
15 treatment licensure standards.
16     (m) In addition to any other fine or penalty required by
17 law, an individual convicted of a violation of subsection (a),
18 Section 5-7 of the Snowmobile Registration and Safety Act,
19 Section 5-16 of the Boat Registration and Safety Act, or a
20 similar provision, whose operation of a motor vehicle,
21 snowmobile, or watercraft while in violation of subsection (a),
22 Section 5-7 of the Snowmobile Registration and Safety Act,
23 Section 5-16 of the Boat Registration and Safety Act, or a
24 similar provision proximately caused an incident resulting in
25 an appropriate emergency response, shall be required to make
26 restitution to a public agency for the costs of that emergency

 

 

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1 response. The restitution may not exceed $1,000 per public
2 agency for each emergency response. As used in this subsection
3 (m), "emergency response" means any incident requiring a
4 response by a police officer, a firefighter carried on the
5 rolls of a regularly constituted fire department, or an
6 ambulance.
7 (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03;
8 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05;
9 93-840, eff. 7-30-04; 94-116, eff. 1-1-06; 94-963, eff.
10 6-28-06.)
 
11     (Text of Section from P.A. 94-329 and 94-963)
12     Sec. 11-501. Driving while under the influence of alcohol,
13 other drug or drugs, intoxicating compound or compounds or any
14 combination thereof.
15     (a) A person shall not drive or be in actual physical
16 control of any vehicle within this State while:
17         (1) the alcohol concentration in the person's blood or
18     breath is 0.08 or more based on the definition of blood and
19     breath units in Section 11-501.2;
20         (2) under the influence of alcohol;
21         (3) under the influence of any intoxicating compound or
22     combination of intoxicating compounds to a degree that
23     renders the person incapable of driving safely;
24         (4) under the influence of any other drug or
25     combination of drugs to a degree that renders the person

 

 

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1     incapable of safely driving;
2         (5) under the combined influence of alcohol, other drug
3     or drugs, or intoxicating compound or compounds to a degree
4     that renders the person incapable of safely driving; or
5         (6) there is any amount of a drug, substance, or
6     compound in the person's breath, blood, or urine resulting
7     from the unlawful use or consumption of cannabis listed in
8     the Cannabis Control Act, a controlled substance listed in
9     the Illinois Controlled Substances Act, or an intoxicating
10     compound listed in the Use of Intoxicating Compounds Act.
11     (b) The fact that any person charged with violating this
12 Section is or has been legally entitled to use alcohol, other
13 drug or drugs, or intoxicating compound or compounds, or any
14 combination thereof, shall not constitute a defense against any
15 charge of violating this Section.
16     (b-1) With regard to penalties imposed under this Section:
17         (1) Any reference to a prior violation of subsection
18     (a) or a similar provision includes any violation of a
19     provision of a local ordinance or a provision of a law of
20     another state that is similar to a violation of subsection
21     (a) of this Section.
22         (2) Any penalty imposed for driving with a license that
23     has been revoked for a previous violation of subsection (a)
24     of this Section shall be in addition to the penalty imposed
25     for any subsequent violation of subsection (a).
26     (b-2) Except as otherwise provided in this Section, any

 

 

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1 person convicted of violating subsection (a) of this Section is
2 guilty of a Class A misdemeanor.
3     (b-3) In addition to any other criminal or administrative
4 sanction for any second conviction of violating subsection (a)
5 or a similar provision committed within 5 years of a previous
6 violation of subsection (a) or a similar provision, the
7 defendant shall be sentenced to a mandatory minimum of 5 days
8 of imprisonment or assigned a mandatory minimum of 240 hours of
9 community service as may be determined by the court.
10     (b-4) In the case of a third or subsequent violation
11 committed within 5 years of a previous violation of subsection
12 (a) or a similar provision, in addition to any other criminal
13 or administrative sanction, a mandatory minimum term of either
14 10 days of imprisonment or 480 hours of community service shall
15 be imposed.
16     (b-5) The imprisonment or assignment of community service
17 under subsections (b-3) and (b-4) shall not be subject to
18 suspension, nor shall the person be eligible for a reduced
19 sentence.
20     (c) (Blank).
21     (c-1) (1) A person who violates subsection (a) during a
22     period in which his or her driving privileges are revoked
23     or suspended, where the revocation or suspension was for a
24     violation of subsection (a), Section 11-501.1, paragraph
25     (b) of Section 11-401, or for reckless homicide as defined
26     in Section 9-3 of the Criminal Code of 1961 is guilty of

 

 

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1     aggravated driving under the influence of alcohol, other
2     drug or drugs, intoxicating compound or compounds, or any
3     combination thereof and is guilty of a Class 4 felony.
4         (2) A person who violates subsection (a) a third time,
5     if the third violation occurs during a period in which his
6     or her driving privileges are revoked or suspended where
7     the revocation or suspension was for a violation of
8     subsection (a), Section 11-501.1, paragraph (b) of Section
9     11-401, or for reckless homicide as defined in Section 9-3
10     of the Criminal Code of 1961, is guilty of aggravated
11     driving under the influence of alcohol, other drug or
12     drugs, intoxicating compound or compounds, or any
13     combination thereof and is guilty of a Class 3 felony.
14         (2.1) A person who violates subsection (a) a third
15     time, if the third violation occurs during a period in
16     which his or her driving privileges are revoked or
17     suspended where the revocation or suspension was for a
18     violation of subsection (a), Section 11-501.1, subsection
19     (b) of Section 11-401, or for reckless homicide as defined
20     in Section 9-3 of the Criminal Code of 1961, is guilty of
21     aggravated driving under the influence of alcohol, other
22     drug or drugs, intoxicating compound or compounds, or any
23     combination thereof and is guilty of a Class 3 felony; and
24     if the person receives a term of probation or conditional
25     discharge, he or she shall be required to serve a mandatory
26     minimum of 10 days of imprisonment or shall be assigned a

 

 

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1     mandatory minimum of 480 hours of community service, as may
2     be determined by the court, as a condition of the probation
3     or conditional discharge. This mandatory minimum term of
4     imprisonment or assignment of community service shall not
5     be suspended or reduced by the court.
6         (2.2) A person who violates subsection (a), if the
7     violation occurs during a period in which his or her
8     driving privileges are revoked or suspended where the
9     revocation or suspension was for a violation of subsection
10     (a) or Section 11-501.1, is guilty of aggravated driving
11     under the influence of alcohol, other drug or drugs,
12     intoxicating compound or compounds, or any combination
13     thereof and shall also be sentenced to an additional
14     mandatory minimum term of 30 consecutive days of
15     imprisonment, 40 days of 24-hour periodic imprisonment, or
16     720 hours of community service, as may be determined by the
17     court. This mandatory term of imprisonment or assignment of
18     community service shall not be suspended or reduced by the
19     court.
20         (3) A person who violates subsection (a) a fourth or
21     subsequent time, if the fourth or subsequent violation
22     occurs during a period in which his or her driving
23     privileges are revoked or suspended where the revocation or
24     suspension was for a violation of subsection (a), Section
25     11-501.1, paragraph (b) of Section 11-401, or for reckless
26     homicide as defined in Section 9-3 of the Criminal Code of

 

 

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1     1961, is guilty of aggravated driving under the influence
2     of alcohol, other drug or drugs, intoxicating compound or
3     compounds, or any combination thereof and is guilty of a
4     Class 2 felony, and is not eligible for a sentence of
5     probation or conditional discharge.
6     (c-2) (Blank).
7     (c-3) (Blank).
8     (c-4) (Blank).
9     (c-5) A person who violates subsection (a), if the person
10 was transporting a person under the age of 16 at the time of
11 the violation, is subject to an additional mandatory minimum
12 fine of $1,000, an additional mandatory minimum 140 hours of
13 community service, which shall include 40 hours of community
14 service in a program benefiting children, and an additional 2
15 days of imprisonment. The imprisonment or assignment of
16 community service under this subsection (c-5) is not subject to
17 suspension, nor is the person eligible for a reduced sentence.
18     (c-6) Except as provided in subsections (c-7) and (c-8) a
19 person who violates subsection (a) a second time, if at the
20 time of the second violation the person was transporting a
21 person under the age of 16, is subject to an additional 10 days
22 of imprisonment, an additional mandatory minimum fine of
23 $1,000, and an additional mandatory minimum 140 hours of
24 community service, which shall include 40 hours of community
25 service in a program benefiting children. The imprisonment or
26 assignment of community service under this subsection (c-6) is

 

 

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1 not subject to suspension, nor is the person eligible for a
2 reduced sentence.
3     (c-7) Except as provided in subsection (c-8), any person
4 convicted of violating subsection (c-6) or a similar provision
5 within 10 years of a previous violation of subsection (a) or a
6 similar provision shall receive, in addition to any other
7 penalty imposed, a mandatory minimum 12 days imprisonment, an
8 additional 40 hours of mandatory community service in a program
9 benefiting children, and a mandatory minimum fine of $1,750.
10 The imprisonment or assignment of community service under this
11 subsection (c-7) is not subject to suspension, nor is the
12 person eligible for a reduced sentence.
13     (c-8) Any person convicted of violating subsection (c-6) or
14 a similar provision within 5 years of a previous violation of
15 subsection (a) or a similar provision shall receive, in
16 addition to any other penalty imposed, an additional 80 hours
17 of mandatory community service in a program benefiting
18 children, an additional mandatory minimum 12 days of
19 imprisonment, and a mandatory minimum fine of $1,750. The
20 imprisonment or assignment of community service under this
21 subsection (c-8) is not subject to suspension, nor is the
22 person eligible for a reduced sentence.
23     (c-9) Any person convicted a third time for violating
24 subsection (a) or a similar provision, if at the time of the
25 third violation the person was transporting a person under the
26 age of 16, is guilty of a Class 4 felony and shall receive, in

 

 

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1 addition to any other penalty imposed, an additional mandatory
2 fine of $1,000, an additional mandatory 140 hours of community
3 service, which shall include 40 hours in a program benefiting
4 children, and a mandatory minimum 30 days of imprisonment. The
5 imprisonment or assignment of community service under this
6 subsection (c-9) is not subject to suspension, nor is the
7 person eligible for a reduced sentence.
8     (c-10) Any person convicted of violating subsection (c-9)
9 or a similar provision a third time within 20 years of a
10 previous violation of subsection (a) or a similar provision is
11 guilty of a Class 4 felony and shall receive, in addition to
12 any other penalty imposed, an additional mandatory 40 hours of
13 community service in a program benefiting children, an
14 additional mandatory fine of $3,000, and a mandatory minimum
15 120 days of imprisonment. The imprisonment or assignment of
16 community service under this subsection (c-10) is not subject
17 to suspension, nor is the person eligible for a reduced
18 sentence.
19     (c-11) Any person convicted a fourth or subsequent time for
20 violating subsection (a) or a similar provision, if at the time
21 of the fourth or subsequent violation the person was
22 transporting a person under the age of 16, and if the person's
23 3 prior violations of subsection (a) or a similar provision
24 occurred while transporting a person under the age of 16 or
25 while the alcohol concentration in his or her blood, breath, or
26 urine was 0.16 or more based on the definition of blood,

 

 

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1 breath, or urine units in Section 11-501.2, is guilty of a
2 Class 2 felony, is not eligible for probation or conditional
3 discharge, and is subject to a minimum fine of $3,000.
4     (c-12) Any person convicted of a first violation of
5 subsection (a) or a similar provision, if the alcohol
6 concentration in his or her blood, breath, or urine was 0.16 or
7 more based on the definition of blood, breath, or urine units
8 in Section 11-501.2, shall be subject, in addition to any other
9 penalty that may be imposed, to a mandatory minimum of 100
10 hours of community service and a mandatory minimum fine of
11 $500.
12     (c-13) Any person convicted of a second violation of
13 subsection (a) or a similar provision committed within 10 years
14 of a previous violation of subsection (a) or a similar
15 provision committed within 10 years of a previous violation of
16 subsection (a) or a similar provision, if at the time of the
17 second violation of subsection (a) the alcohol concentration in
18 his or her blood, breath, or urine was 0.16 or more based on
19 the definition of blood, breath, or urine units in Section
20 11-501.2, shall be subject, in addition to any other penalty
21 that may be imposed, to a mandatory minimum of 2 days of
22 imprisonment and a mandatory minimum fine of $1,250.
23     (c-14) Any person convicted of a third violation of
24 subsection (a) or a similar provision within 20 years of a
25 previous violation of subsection (a) or a similar provision, if
26 at the time of the third violation of subsection (a) or a

 

 

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1 similar provision the alcohol concentration in his or her
2 blood, breath, or urine was 0.16 or more based on the
3 definition of blood, breath, or urine units in Section
4 11-501.2, is guilty of a Class 4 felony and shall be subject,
5 in addition to any other penalty that may be imposed, to a
6 mandatory minimum of 90 days of imprisonment and a mandatory
7 minimum fine of $2,500.
8     (c-15) Any person convicted of a fourth or subsequent
9 violation of subsection (a) or a similar provision, if at the
10 time of the fourth or subsequent violation the alcohol
11 concentration in his or her blood, breath, or urine was 0.16 or
12 more based on the definition of blood, breath, or urine units
13 in Section 11-501.2, and if the person's 3 prior violations of
14 subsection (a) or a similar provision occurred while
15 transporting a person under the age of 16 or while the alcohol
16 concentration in his or her blood, breath, or urine was 0.16 or
17 more based on the definition of blood, breath, or urine units
18 in Section 11-501.2, is guilty of a Class 2 felony and is not
19 eligible for a sentence of probation or conditional discharge
20 and is subject to a minimum fine of $2,500.
21     (d) (1) Every person convicted of committing a violation of
22     this Section shall be guilty of aggravated driving under
23     the influence of alcohol, other drug or drugs, or
24     intoxicating compound or compounds, or any combination
25     thereof if:
26             (A) the person committed a violation of subsection

 

 

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

 

 

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1         bodily harm or permanent disability or disfigurement,
2         to another person, when the violation of subsection (a)
3         was a proximate cause of the bodily harm; or
4             (F) the person, in committing a violation of
5         subsection (a), was involved in a motor vehicle,
6         snowmobile, all-terrain vehicle, or watercraft
7         accident that resulted in the death of another person,
8         when the violation of subsection (a) was a proximate
9         cause of the death;
10             (G) 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
13         permit; or
14             (H) 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         (2) Except as provided in this paragraph (2) and in
19     paragraphs (2), (2.1), and (3) of subsection (c-1), a
20     person convicted of aggravated driving under the influence
21     of alcohol, other drug or drugs, or intoxicating compound
22     or compounds, or any combination thereof is guilty of a
23     Class 4 felony. For a violation of subparagraph (C) of
24     paragraph (1) of this subsection (d), the defendant, if
25     sentenced to a term of imprisonment, shall be sentenced to
26     not less than one year nor more than 12 years. Aggravated

 

 

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1     driving under the influence of alcohol, other drug or
2     drugs, or intoxicating compound or compounds, or any
3     combination thereof as defined in subparagraph (F) of
4     paragraph (1) of this subsection (d) is a Class 2 felony,
5     for which the defendant, if sentenced to a term of
6     imprisonment, shall be sentenced to: (A) a term of
7     imprisonment of not less than 3 years and not more than 14
8     years if the violation resulted in the death of one person;
9     or (B) a term of imprisonment of not less than 6 years and
10     not more than 28 years if the violation resulted in the
11     deaths of 2 or more persons. For any prosecution under this
12     subsection (d), a certified copy of the driving abstract of
13     the defendant shall be admitted as proof of any prior
14     conviction. Any person sentenced under this subsection (d)
15     who receives a term of probation or conditional discharge
16     must serve a minimum term of either 480 hours of community
17     service or 10 days of imprisonment as a condition of the
18     probation or conditional discharge. This mandatory minimum
19     term of imprisonment or assignment of community service may
20     not be suspended or reduced by the court.
21     (e) After a finding of guilt and prior to any final
22 sentencing, or an order for supervision, for an offense based
23 upon an arrest for a violation of this Section or a similar
24 provision of a local ordinance, individuals shall be required
25 to undergo a professional evaluation to determine if an
26 alcohol, drug, or intoxicating compound abuse problem exists

 

 

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1 and the extent of the problem, and undergo the imposition of
2 treatment as appropriate. Programs conducting these
3 evaluations shall be licensed by the Department of Human
4 Services. The cost of any professional evaluation shall be paid
5 for by the individual required to undergo the professional
6 evaluation.
7     (e-1) Any person who is found guilty of or pleads guilty to
8 violating this Section, including any person receiving a
9 disposition of court supervision for violating this Section,
10 may be required by the Court to attend a victim impact panel
11 offered by, or under contract with, a County State's Attorney's
12 office, a probation and court services department, Mothers
13 Against Drunk Driving, or the Alliance Against Intoxicated
14 Motorists. All costs generated by the victim impact panel shall
15 be paid from fees collected from the offender or as may be
16 determined by the court.
17     (f) Every person found guilty of violating this Section,
18 whose operation of a motor vehicle while in violation of this
19 Section proximately caused any incident resulting in an
20 appropriate emergency response, shall be liable for the expense
21 of an emergency response as provided under Section 5-5-3 of the
22 Unified Code of Corrections.
23     (g) The Secretary of State shall revoke the driving
24 privileges of any person convicted under this Section or a
25 similar provision of a local ordinance.
26     (h) (Blank).

 

 

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1     (i) The Secretary of State shall require the use of
2 ignition interlock devices on all vehicles owned by an
3 individual who has been convicted of a second or subsequent
4 offense of this Section or a similar provision of a local
5 ordinance. The Secretary shall establish by rule and regulation
6 the procedures for certification and use of the interlock
7 system.
8     (j) In addition to any other penalties and liabilities, a
9 person who is found guilty of or pleads guilty to violating
10 subsection (a), including any person placed on court
11 supervision for violating subsection (a), shall be fined $500,
12 payable to the circuit clerk, who shall distribute the money as
13 follows: 20% to the law enforcement agency that made the arrest
14 and 80% shall be forwarded to the State Treasurer for deposit
15 into the General Revenue Fund. If the person has been
16 previously convicted of violating subsection (a) or a similar
17 provision of a local ordinance, the fine shall be $1,000. In
18 the event that more than one agency is responsible for the
19 arrest, the amount payable to law enforcement agencies shall be
20 shared equally. Any moneys received by a law enforcement agency
21 under this subsection (j) shall be used for enforcement and
22 prevention of driving while under the influence of alcohol,
23 other drug or drugs, intoxicating compound or compounds or any
24 combination thereof, as defined by this Section, including but
25 not limited to the purchase of law enforcement equipment and
26 commodities that will assist in the prevention of alcohol

 

 

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1 related criminal violence throughout the State; police officer
2 training and education in areas related to alcohol related
3 crime, including but not limited to DUI training; and police
4 officer salaries, including but not limited to salaries for
5 hire back funding for safety checkpoints, saturation patrols,
6 and liquor store sting operations. Equipment and commodities
7 shall include, but are not limited to, in-car video cameras,
8 radar and laser speed detection devices, and alcohol breath
9 testers. Any moneys received by the Department of State Police
10 under this subsection (j) shall be deposited into the State
11 Police DUI Fund and shall be used for enforcement and
12 prevention of driving while under the influence of alcohol,
13 other drug or drugs, intoxicating compound or compounds or any
14 combination thereof, as defined by this Section, including but
15 not limited to the purchase of law enforcement equipment and
16 commodities that will assist in the prevention of alcohol
17 related criminal violence throughout the State; police officer
18 training and education in areas related to alcohol related
19 crime, including but not limited to DUI training; and police
20 officer salaries, including but not limited to salaries for
21 hire back funding for safety checkpoints, saturation patrols,
22 and liquor store sting operations.
23     (k) The Secretary of State Police DUI Fund is created as a
24 special fund in the State treasury. All moneys received by the
25 Secretary of State Police under subsection (j) of this Section
26 shall be deposited into the Secretary of State Police DUI Fund

 

 

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1 and, subject to appropriation, shall be used for enforcement
2 and prevention of driving while under the influence of alcohol,
3 other drug or drugs, intoxicating compound or compounds or any
4 combination thereof, as defined by this Section, including but
5 not limited to the purchase of law enforcement equipment and
6 commodities to assist in the prevention of alcohol related
7 criminal violence throughout the State; police officer
8 training and education in areas related to alcohol related
9 crime, including but not limited to DUI training; and police
10 officer salaries, including but not limited to salaries for
11 hire back funding for safety checkpoints, saturation patrols,
12 and liquor store sting operations.
13     (l) Whenever an individual is sentenced for an offense
14 based upon an arrest for a violation of subsection (a) or a
15 similar provision of a local ordinance, and the professional
16 evaluation recommends remedial or rehabilitative treatment or
17 education, neither the treatment nor the education shall be the
18 sole disposition and either or both may be imposed only in
19 conjunction with another disposition. The court shall monitor
20 compliance with any remedial education or treatment
21 recommendations contained in the professional evaluation.
22 Programs conducting alcohol or other drug evaluation or
23 remedial education must be licensed by the Department of Human
24 Services. If the individual is not a resident of Illinois,
25 however, the court may accept an alcohol or other drug
26 evaluation or remedial education program in the individual's

 

 

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1 state of residence. Programs providing treatment must be
2 licensed under existing applicable alcoholism and drug
3 treatment licensure standards.
4     (m) In addition to any other fine or penalty required by
5 law, an individual convicted of a violation of subsection (a),
6 Section 5-7 of the Snowmobile Registration and Safety Act,
7 Section 5-16 of the Boat Registration and Safety Act, or a
8 similar provision, whose operation of a motor vehicle,
9 snowmobile, or watercraft while in violation of subsection (a),
10 Section 5-7 of the Snowmobile Registration and Safety Act,
11 Section 5-16 of the Boat Registration and Safety Act, or a
12 similar provision proximately caused an incident resulting in
13 an appropriate emergency response, shall be required to make
14 restitution to a public agency for the costs of that emergency
15 response. The restitution may not exceed $1,000 per public
16 agency for each emergency response. As used in this subsection
17 (m), "emergency response" means any incident requiring a
18 response by a police officer, a firefighter carried on the
19 rolls of a regularly constituted fire department, or an
20 ambulance.
21 (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03;
22 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05;
23 93-840, eff. 7-30-04; 94-329, eff. 1-1-06; 94-963, eff.
24 6-28-06.)
 
25     (625 ILCS 5/11-501.01 new)

 

 

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1     Sec. 11-501.01. Additional administrative sanctions.
2     (a) After a finding of guilt and prior to any final
3 sentencing or an order for supervision, for an offense based
4 upon an arrest for a violation of Section 11-501 or a similar
5 provision of a local ordinance, individuals shall be required
6 to undergo a professional evaluation to determine if an
7 alcohol, drug, or intoxicating compound abuse problem exists
8 and the extent of the problem, and undergo the imposition of
9 treatment as appropriate. Programs conducting these
10 evaluations shall be licensed by the Department of Human
11 Services. The cost of any professional evaluation shall be paid
12 for by the individual required to undergo the professional
13 evaluation.
14     (b) Any person who is found guilty of or pleads guilty to
15 violating Section 11-501, including any person receiving a
16 disposition of court supervision for violating that Section,
17 may be required by the Court to attend a victim impact panel
18 offered by, or under contract with, a County State's Attorney's
19 office, a probation and court services department, Mothers
20 Against Drunk Driving, or the Alliance Against Intoxicated
21 Motorists. All costs generated by the victim impact panel shall
22 be paid from fees collected from the offender or as may be
23 determined by the court.
24     (c) Every person found guilty of violating Section 11-501,
25 whose operation of a motor vehicle while in violation of that
26 Section proximately caused any incident resulting in an

 

 

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1 appropriate emergency response, shall be liable for the expense
2 of an emergency response as provided in subsection (i) of this
3 Section.
4     (d) The Secretary of State shall revoke the driving
5 privileges of any person convicted under Section 11-501 or a
6 similar provision of a local ordinance.
7     (e) The Secretary of State shall require the use of
8 ignition interlock devices on all vehicles owned by an
9 individual who has been convicted of a second or subsequent
10 offense of Section 11-501 or a similar provision of a local
11 ordinance. The Secretary shall establish by rule and regulation
12 the procedures for certification and use of the interlock
13 system.
14     (f) In addition to any other penalties and liabilities, a
15 person who is found guilty of or pleads guilty to violating
16 Section 11-501, including any person placed on court
17 supervision for violating Section 11-501, shall be assessed
18 $500, payable to the circuit clerk, who shall distribute the
19 money as follows: 20% to the law enforcement agency that made
20 the arrest, and 80% shall be forwarded to the State Treasurer
21 for deposit into the General Revenue Fund. If the person has
22 been previously convicted of violating Section 11-501 or a
23 similar provision of a local ordinance, the fine shall be
24 $1,000. In the event that more than one agency is responsible
25 for the arrest, the amount payable to law enforcement agencies
26 shall be shared equally. Any moneys received by a law

 

 

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1 enforcement agency under this subsection (f) shall be used to
2 purchase law enforcement equipment that will assist in the
3 prevention of alcohol related criminal violence throughout the
4 State. This shall include, but is not limited to, in-car video
5 cameras, radar and laser speed detection devices, and alcohol
6 breath testers. Any moneys received by the Department of State
7 Police under this subsection (f) shall be deposited into the
8 State Police DUI Fund and shall be used to purchase law
9 enforcement equipment that will assist in the prevention of
10 alcohol related criminal violence throughout the State.
11     (g) 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 (f) of this Section
14 shall be deposited into the Secretary of State Police DUI Fund
15 and, subject to appropriation, shall be used to purchase law
16 enforcement equipment to assist in the prevention of alcohol
17 related criminal violence throughout the State.
18     (h) Whenever an individual is sentenced for an offense
19 based upon an arrest for a violation of Section 11-501 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.

 

 

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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     (i) In addition to any other fine or penalty required by
10 law, an individual convicted of a violation of Section 11-501,
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 Section 11-501,
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 (i), "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.
 

 

 

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1     (625 ILCS 5/Chapter 16A heading new)
2
CHAPTER 16A. TRAFFIC SAFETY FORFEITURES

 
3     (625 ILCS 5/16A-1 new)
4     Sec. 16A-1. Short title. This Chapter may be cited as the
5 Traffic Safety Forfeiture Law of 2007.
 
6     (625 ILCS 5/16A-5 new)
7     Sec. 16A-5. Legislative Declaration. The Illinois General
8 Assembly finds that persons who drive without a valid driver's
9 license or permit or with a suspended or revoked driver's
10 license or permit pose a significant and dangerous threat to
11 Illinois motorists. The civil forfeiture of motor vehicles used
12 by persons who drive without a valid driver's license or permit
13 or with a suspended or revoked driver's license or permit will
14 have a significant beneficial effect in deterring this type of
15 activity and will reduce the number of traffic fatalities and
16 accidents caused by those persons. It is necessary and
17 appropriate to take additional steps to prevent drivers who
18 drive without a valid driver's license or permit or with
19 suspended or revoked licenses or permits from driving,
20 including civil forfeiture of vehicles used by those persons.
21 The State has a critical interest in enforcing its traffic laws
22 and keeping drivers with suspended or revoked licenses or
23 permits from illegally driving. Seizing the vehicles used by
24 those persons serves an important governmental and public

 

 

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1 interest, namely the protection of the health, safety, and
2 welfare of Illinois motorists from the harm associated with
3 driving without a valid driver's license or permit or with a
4 suspended or revoked license or permit.
 
5     (625 ILCS 5/16A-10 new)
6     Sec. 16A-10. Applicability. This Chapter applies to all
7 motor vehicles used by persons who drive without a valid
8 driver's license or permit or with suspended or revoked
9 licenses or permits in violation of Section 6-303 of this Code,
10 if the person's driving privileges were revoked or suspended as
11 a result of a violation listed in paragraph (1), (2), or (3) of
12 subsection (c) of Section 6-303 of this Code or as a result of
13 a statutory summary suspension as provided in paragraph (4) of
14 subsection (c) of Section 6-303, or if the person committed the
15 offenses described in the following provisions of this Code:
16 Section 11-501, subdivisions (d)(1)(A), (d)(1)(D), (d)(1)(G),
17 (d)(1)(H), or (d)(1)(I); or an offense described in subsection
18 (e) of Section 6-101 of this Code.
 
19     (625 ILCS 5/16A-15 new)
20     Sec. 16A-15. Seizure.
21     (a) Any motor vehicle used in violation of Section 6-101,
22 6-303, or 11-501 of this Code may be seized for forfeiture if:
23         (1) the person's driving privileges were revoked or
24     suspended as a result of a violation listed in paragraph

 

 

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1     (1), (2), or (3) of subsection (c) of Section 6-303;
2         (2) the person's driving privileges were revoked or
3     suspended as a result of a summary suspension as provided
4     in paragraph (4) of subsection (c) of Section 6-303;
5         (3) the person committed the offenses described in the
6     following provisions of this Code: Section 11-501,
7     subdivisions (d)(1)(A), (d)(1)(D), (d)(1)(G), (d)(1)(H),
8     or (d)(1)(I); or
9         (4) the person committed an offense described in
10     subsection (e) of Section 6-101 of this Code.
11     (b) The seizing agency shall, within 30 days after seizure,
12 deliver the vehicle to the sheriff of the county of seizure and
13 notify the State's Attorney of the county in which the act or
14 omission giving rise to the forfeiture occurred, or in which
15 the motor vehicle was seized, of the seizure and the facts and
16 circumstances giving rise to the seizure and shall provide the
17 State's Attorney with the inventory of the motor vehicle and
18 its estimated value. The seizing agency shall also notify the
19 Secretary of State that forfeiture proceedings are pending
20 regarding the vehicle.
21     (c) If, after review of the facts surrounding the seizure,
22 the State's Attorney is of the opinion that the seized motor
23 vehicle is subject to forfeiture, the State's Attorney shall,
24 within 45 days of the receipt of notice of seizure from the
25 seizing agency, cause notice of pending forfeiture of the motor
26 vehicle to be given to the owner and any person whose right,

 

 

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1 title, or interest is of record with the Secretary of State.
 
2     (625 ILCS 5/16A-20 new)
3     Sec. 16A-20. Notice to owner or interest holder.
4     (a) Whenever notice of pending forfeiture or service of an
5 in rem complaint is required under this Chapter:
6         (1) the notice of pending forfeiture must include a
7     description of the motor vehicle, the estimated value of
8     the motor vehicle, the date and place of seizure, the
9     conduct giving rise to forfeiture or the violation of law
10     alleged, and a summary of procedures and procedural rights
11     applicable to the forfeiture action; and
12         (2) if the name and address of the owner or any person
13     whose right, title, or interest is of record are known, the
14     notice or service shall be given by either personal service
15     or by mailing a copy of the notice by certified mail,
16     return receipt requested, to that address. If the address
17     of an owner or any person whose right, title, or interest
18     is of record changes prior to the effective date of the
19     notice of pending forfeiture, the owner or any person whose
20     right, title, or interest is of record shall promptly
21     notify the seizing agency of the change in address or, if
22     the address of an owner or any person whose right, title,
23     or interest is of record changes subsequent to the
24     effective date of the notice of pending forfeiture, the
25     owner or any person whose right, title, or interest is of

 

 

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1     record shall promptly notify the seizing agency and the
2     State's Attorney's Office of the change in address.
3     (b) Notice served under this Chapter is effective upon
4 personal service or the mailing of written notice, whichever is
5 earlier.
 
6     (625 ILCS 5/16A-25 new)
7     Sec. 16A-25. Non-judicial forfeiture.
8     (a) Any person claiming ownership of the motor vehicle that
9 is the subject of notice under Section 16A-20 may, within 45
10 days after the effective date of notice as described in Section
11 16A-20, file with the State's Attorney a verified claim of his
12 or her ownership of the motor vehicle. The claim must set
13 forth:
14         (1) the caption of the proceedings as set forth on the
15     notice of pending forfeiture and the name of the claimant;
16         (2) the address at which the claimant will accept mail;
17         (3) the nature and extent of the claimant's ownership
18     of the motor vehicle;
19         (4) the date and circumstances of the claimant's
20     acquisition of the ownership of the motor vehicle and the
21     identity of the transferor;
22         (5) the name and address of all other persons known to
23     have ownership of the motor vehicle;
24         (6) the specific provision of law relied on in
25     asserting that the motor vehicle is not subject to

 

 

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1     forfeiture;
2         (7) all essential facts supporting each assertion; and
3         (8) the relief sought.
4     (b) If a claimant files a claim and deposits with the
5 State's Attorney a cost bond, in the form of a cashier's check
6 payable to the clerk of the court, in the sum of 10% of the
7 reasonable value of the motor vehicle as alleged by the State's
8 Attorney, the State's Attorney shall, within 45 days after
9 receipt of the claim and cost bond, institute judicial in rem
10 forfeiture proceedings and deposit the cost bond with the clerk
11 of the court as described in Section 16A-35. In lieu of a cost
12 bond, a person claiming ownership of the seized motor vehicle
13 may file, under penalty of perjury, an indigency affidavit.
14     (c) If the motor vehicle is not forfeited in the judicial
15 in rem proceeding, the clerk of the court shall return to the
16 claimant, unless the court orders otherwise, 90% of the sum
17 which has been deposited and shall retain as costs 10% of the
18 money deposited.
19     (d) If no claim is filed or bond given within the 45 day
20 period described in this Section, the State's Attorney shall
21 declare the property forfeited and shall promptly notify the
22 owner, any person whose right, title, or interest is of record,
23 and the sheriff of the county in which the seizure occurred, of
24 the declaration of forfeiture.
25     (e) A copy of the declaration of forfeiture shall be filed
26 with the sheriff of the county in which the seizure occurs and

 

 

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1 with the Secretary of State. The declaration, when filed,
2 constitutes authority for the issuance of clear title to the
3 vehicle to the department or agency to whom it is delivered or
4 to any purchaser of the vehicle.
5     (f) When a motor vehicle is forfeited under this Chapter,
6 the sheriff of the county in which the seizure occurs shall
7 sell the motor vehicle at public auction, unless the motor
8 vehicle is required by law to be destroyed or is harmful to the
9 public.
10     (g) If, however, upon application of the seizing agency or
11 the prosecutor who was responsible for the investigation,
12 arrest, and prosecution that led to the forfeiture of the motor
13 vehicle, the county sheriff may award the motor vehicle to the
14 seizing agency or prosecutor for official use, if the agency or
15 prosecutor can demonstrate that the vehicle requested would be
16 useful to the agency or prosecutor for official use.
17     (h) The proceeds of any sale at public auction under this
18 Chapter, after payment of all liens and deduction of the
19 reasonable charges and expenses incurred by the sheriff in
20 storing and selling the vehicle, shall be paid into the general
21 fund of the county of seizure.
 
22     (625 ILCS 5/16A-30 new)
23     Sec. 16A-30. Presumptions. Suspension or revocation of the
24 driver's license or permit of the driver of the motor vehicle
25 shall be conclusively presumed to be known by the driver and

 

 

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1 any person whose right, title, or interest is or record if:
2     (1) the Secretary of State has sent the driver a certified
3 letter, return receipt requested, regarding the suspension or
4 revocation; or
5     (2) the suspension or revocation was the result of a court
6 order.
 
7     (625 ILCS 5/16A-35 new)
8     Sec. 16A-35. Exemptions from forfeiture. A motor vehicle is
9 exempt from forfeiture under this Chapter if:
10     (1) the owner or any person whose right, title, or interest
11 is of record with the Secretary of State establishes by a
12 preponderance of the evidence that he or she made a reasonable
13 effort or inquiry to determine whether the driver possessed a
14 valid driver's license before allowing him or her to operate
15 the owner's vehicle. The owner or any person whose right,
16 title, or interest is of record is not required to inquire of
17 the Secretary of State whether the driver possessed a valid
18 driver's license;
19     (2) the owner or any person whose right, title, or interest
20 is of record with the Secretary of State did not hold the
21 property jointly or in common with a person whose conduct gave
22 rise to the forfeiture;
23     (3) the owner or any person whose right, title, or interest
24 is of record with the Secretary of State does not hold the
25 property for the benefit of or as nominee for any person whose

 

 

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1 conduct gave rise to its forfeiture, and, if the owner or any
2 person whose right, title, or interest is of record acquired
3 the interest through any such person, the owner or any person
4 whose right, title, or interest is of record acquired it as a
5 bona fide purchaser for value without knowingly taking part in
6 the conduct giving rise to the forfeiture; and
7     (4) the owner or any person whose right, title, or interest
8 is of record with the Secretary of State acquired the interest
9 before the commencement of the conduct giving rise to its
10 forfeiture, and the person whose conduct gave rise to its
11 forfeiture did not have the authority to convey the interest to
12 a bona fide purchaser for value at the time of the conduct.
 
13     (625 ILCS 5/16A-40 new)
14     Sec. 16A-40. Judicial in rem procedures.
15     (a) Within 45 days of receipt of a proper verified claim
16 and cost bond, the State's Attorney shall institute judicial
17 forfeiture proceedings by filing a verified complaint for
18 forfeiture and, if the claimant has filed a claim and cost
19 bond, by depositing the cost bond with the clerk of the court.
20 When authorized by law, a forfeiture must be ordered by a court
21 in an action in rem brought by a State's Attorney under a
22 verified complaint for forfeiture.
23     (b) During the probable cause portion of the judicial in
24 rem proceeding in which the State presents its case-in-chief,
25 the court must receive and consider, among other things, all

 

 

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1 relevant hearsay evidence and information. The laws of evidence
2 relating to civil actions shall apply to all other portions of
3 the judicial in rem proceeding.
4     (c) Only an owner or a person or legal entity whose right,
5 title, or interest is of record with the Secretary of State on
6 or before the date of seizure of the vehicle may file an answer
7 asserting a claim against the motor vehicle in the action in
8 rem. For purposes of this Section, any person or legal entity
9 whose right, title, or interest is of record shall be referred
10 to as the claimant.
11     (d) The answer must be signed by the claimant under penalty
12 of perjury and must indicate:
13         (1) the caption of the proceedings, as set forth on the
14     notice of pending forfeiture, and the name of the claimant;
15         (2) the address at which the claimant will accept mail;
16         (3) the nature and extent of the claimant's ownership
17     of the motor vehicle;
18         (4) the date and circumstances of the claimant's
19     acquisition of ownership of the motor vehicle and the
20     identity of transferor;
21         (5) the name and address of all other persons known to
22     have ownership of the motor vehicle;
23         (6) the specific language of Section 16A-35 relied on
24     in asserting that the motor vehicle is not subject to
25     forfeiture;
26         (7) all essential facts supporting each assertion; and

 

 

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1         (8) the precise relief sought.
2     (e) The answer must be filed with the court within 45 days
3 after service of the civil in rem complaint.
4     (f) The hearing must be held within 60 days after filing of
5 the answer unless continued for good cause. If a related
6 traffic or criminal case that gave rise to this proceeding is
7 still pending, however, all forfeiture proceedings shall, upon
8 motion of the State, be stayed until the underlying case is
9 concluded.
10     (g) The State must, at the hearing, show probable cause for
11 forfeiture of the motor vehicle. If the State shows probable
12 cause, the claimant has the burden of showing by a
13 preponderance of the evidence that the claimant's ownership of
14 the motor vehicle is not subject to forfeiture.
15     (h) If the State does not show probable cause, or a
16 claimant has established by a preponderance of evidence that
17 the claimant's ownership is exempt under Section 16A-35, the
18 court shall order the motor vehicle returned to the claimant.
19 If the State does show probable cause and the claimant does not
20 establish by a preponderance of evidence that the claimant's
21 ownership is exempt under Section 16A-35, the court shall order
22 the motor vehicle forfeited to the State.
23     (i) A defendant who has pled guilty or has been found
24 guilty in any underlying traffic or criminal proceeding is
25 precluded from later denying the essential allegations of the
26 traffic or criminal offense of which the defendant was

 

 

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1 convicted in any proceeding under this Act, regardless of the
2 pendency of an appeal from that conviction. Evidence of the
3 pendency of an appeal is admissible, however.
4     (j) An acquittal or dismissal in a traffic or criminal
5 proceeding shall not preclude civil proceedings under this
6 Chapter. A motor vehicle subject to forfeiture under this
7 Chapter shall not be subject to return or release by a court
8 exercising jurisdiction over a traffic or criminal case
9 involving the seizure of that motor vehicle, unless the return
10 or release is consented to by the State's Attorney.
11     (k) Any motor vehicle declared forfeited under this Chapter
12 vests in the State on the commission of the conduct giving rise
13 to forfeiture of the motor vehicle after that time. The motor
14 vehicle remains subject to forfeiture after any subsequent
15 transfer to any person, and the motor vehicle shall be ordered
16 forfeited unless the transferee claims and establishes in a
17 hearing under this Chapter that the transferee's ownership is
18 exempt under Section 16A-35.
19     (l) A civil action under this Chapter must be commenced
20 within 5 years after the last conduct giving rise to forfeiture
21 became known or should have become known, or 5 years after the
22 forfeitable motor vehicle is discovered, whichever is later,
23 excluding any time during which either the motor vehicle or
24 claimant is out of the State or in confinement or during which
25 criminal proceedings relating to the same conduct are in
26 progress.

 

 

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1     (m) Motor vehicles taken or detained under this Chapter are
2 not subject to replevin and are deemed to be in the custody of
3 the county sheriff, subject only to the order and judgments of
4 the circuit court having jurisdiction over the forfeiture
5 proceedings and the decisions of the State's Attorney under
6 this Chapter.
 
7     (625 ILCS 5/16A-45 new)
8     Sec. 16A-45. Stay of time periods. If a motor vehicle is
9 seized for evidence and for forfeiture, the time periods for
10 instituting judicial and non-judicial forfeiture proceedings
11 shall not begin until the motor vehicle is no longer needed for
12 evidence.
 
13     (625 ILCS 5/16A-50 new)
14     Sec. 16A-50. Settlement of claims.
15     (a) Notwithstanding other provisions of this Chapter, the
16 State's Attorney and a claimant of a seized motor vehicle may
17 enter into an agreed settlement concerning the seized motor
18 vehicle in the amount and upon the terms that are set out in
19 writing in a settlement agreement.
20     (b) If the county sheriff or the State's Attorney agrees to
21 release a motor vehicle to an owner or person whose right,
22 title, or interest is of record, that person must sign a
23 stipulated vehicle release agreement that provides for the
24 automatic forfeiture of any vehicle registered to him or her if

 

 

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1 the vehicle is driven by a driver with a suspended or revoked
2 license or permit. This Section applies to any vehicle
3 currently owned or any vehicle registered in the future. If the
4 person does not sign the agreement, the vehicle may not be
5 released. A signed agreement precludes any claim, if the motor
6 vehicle is subsequently driven by a person with a suspended or
7 revoked driver's license or permit, that the person to whom the
8 vehicle was released is an innocent owner.
 
9     Section 10. The Criminal Code of 1961 is amended by
10 changing Section 36-1 as follows:
 
11     (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
12     Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used
13 with the knowledge and consent of the owner in the commission
14 of, or in the attempt to commit as defined in Section 8-4 of
15 this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2,
16 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.1, 12-4.2,
17 12-4.2-5, 12-4.3, 12-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 18-2,
18 19-1, 19-2, 19-3, 20-1, 20-2, 20.5-6, 24-1.2, 24-1.2-5, 24-1.5,
19 or 28-1 of this Code, paragraph (a) of Section 12-4 of this
20 Code, paragraph (a) of Section 12-15 or paragraphs (a), (c) or
21 (d) of Section 12-16 of this Code, or paragraph (a)(6) or
22 (a)(7) of Section 24-1 of this Code; (b) Section 21, 22, 23, 24
23 or 26 of the Cigarette Tax Act if the vessel, vehicle or
24 aircraft contains more than 10 cartons of such cigarettes; (c)

 

 

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1 Section 28, 29 or 30 of the Cigarette Use Tax Act if the
2 vessel, vehicle or aircraft contains more than 10 cartons of
3 such cigarettes; (d) Section 44 of the Environmental Protection
4 Act; or (e) Section 11-204.1 of the Illinois Vehicle Code; (f)
5 the offenses described in the following provisions of the
6 Illinois Vehicle Code: Section 11-501 subdivisions (c-1)(1),
7 (c-1)(2), (c-1)(3), (d)(1)(A), (d)(1)(D), (d)(1)(G), or
8 (d)(1)(H); (g) an offense described in subsection (g) of
9 Section 6-303 of the Illinois Vehicle Code; or (h) an offense
10 described in subsection (e) of Section 6-101 of the Illinois
11 Vehicle Code; may be seized and delivered forthwith to the
12 sheriff of the county of seizure.
13     Within 15 days after such delivery the sheriff shall give
14 notice of seizure to each person according to the following
15 method: Upon each such person whose right, title or interest is
16 of record in the office of the Secretary of State, the
17 Secretary of Transportation, the Administrator of the Federal
18 Aviation Agency, or any other Department of this State, or any
19 other state of the United States if such vessel, vehicle or
20 aircraft is required to be so registered, as the case may be,
21 by mailing a copy of the notice by certified mail to the
22 address as given upon the records of the Secretary of State,
23 the Department of Aeronautics, Department of Public Works and
24 Buildings or any other Department of this State or the United
25 States if such vessel, vehicle or aircraft is required to be so
26 registered. Within that 15 day period the sheriff shall also

 

 

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1 notify the State's Attorney of the county of seizure about the
2 seizure.
3     In addition, any mobile or portable equipment used in the
4 commission of an act which is in violation of Section 7g of the
5 Metropolitan Water Reclamation District Act shall be subject to
6 seizure and forfeiture under the same procedures provided in
7 this Article for the seizure and forfeiture of vessels,
8 vehicles and aircraft, and any such equipment shall be deemed a
9 vessel, vehicle or aircraft for purposes of this Article.
10     When a person discharges a firearm at another individual
11 from a vehicle with the knowledge and consent of the owner of
12 the vehicle and with the intent to cause death or great bodily
13 harm to that individual and as a result causes death or great
14 bodily harm to that individual, the vehicle shall be subject to
15 seizure and forfeiture under the same procedures provided in
16 this Article for the seizure and forfeiture of vehicles used in
17 violations of clauses (a), (b), (c), or (d) of this Section.
18     If the spouse of the owner of a vehicle seized for an
19 offense described in subsection (g) of Section 6-303 of the
20 Illinois Vehicle Code, a violation of subdivision (c-1)(1),
21 (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D) of Section 11-501
22 of the Illinois Vehicle Code, or Section 9-3 of this Code makes
23 a showing that the seized vehicle is the only source of
24 transportation and it is determined that the financial hardship
25 to the family as a result of the seizure outweighs the benefit
26 to the State from the seizure, the vehicle may be forfeited to

 

 

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1 the spouse or family member and the title to the vehicle shall
2 be transferred to the spouse or family member who is properly
3 licensed and who requires the use of the vehicle for employment
4 or family transportation purposes. A written declaration of
5 forfeiture of a vehicle under this Section shall be sufficient
6 cause for the title to be transferred to the spouse or family
7 member. The provisions of this paragraph shall apply only to
8 one forfeiture per vehicle. If the vehicle is the subject of a
9 subsequent forfeiture proceeding by virtue of a subsequent
10 conviction of either spouse or the family member, the spouse or
11 family member to whom the vehicle was forfeited under the first
12 forfeiture proceeding may not utilize the provisions of this
13 paragraph in another forfeiture proceeding. If the owner of the
14 vehicle seized owns more than one vehicle, the procedure set
15 out in this paragraph may be used for only one vehicle.
16     Property declared contraband under Section 40 of the
17 Illinois Streetgang Terrorism Omnibus Prevention Act may be
18 seized and forfeited under this Article.
19 (Source: P.A. 93-187, eff. 7-11-03; 94-329, eff. 1-1-06;
20 94-1017, eff. 7-7-06.)
 
21     Section 15. The Unified Code of Corrections is amended by
22 changing Sections 5-6-3 and 5-8-7 as follows:
 
23     (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
24     Sec. 5-6-3. Conditions of Probation and of Conditional

 

 

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1 Discharge.
2     (a) The conditions of probation and of conditional
3 discharge shall be that the person:
4         (1) not violate any criminal statute of any
5     jurisdiction;
6         (2) report to or appear in person before such person or
7     agency as directed by the court;
8         (3) refrain from possessing a firearm or other
9     dangerous weapon;
10         (4) not leave the State without the consent of the
11     court or, in circumstances in which the reason for the
12     absence is of such an emergency nature that prior consent
13     by the court is not possible, without the prior
14     notification and approval of the person's probation
15     officer. Transfer of a person's probation or conditional
16     discharge supervision to another state is subject to
17     acceptance by the other state pursuant to the Interstate
18     Compact for Adult Offender Supervision;
19         (5) permit the probation officer to visit him at his
20     home or elsewhere to the extent necessary to discharge his
21     duties;
22         (6) perform no less than 30 hours of community service
23     and not more than 120 hours of community service, if
24     community service is available in the jurisdiction and is
25     funded and approved by the county board where the offense
26     was committed, where the offense was related to or in

 

 

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1     furtherance of the criminal activities of an organized gang
2     and was motivated by the offender's membership in or
3     allegiance to an organized gang. The community service
4     shall include, but not be limited to, the cleanup and
5     repair of any damage caused by a violation of Section
6     21-1.3 of the Criminal Code of 1961 and similar damage to
7     property located within the municipality or county in which
8     the violation occurred. When possible and reasonable, the
9     community service should be performed in the offender's
10     neighborhood. For purposes of this Section, "organized
11     gang" has the meaning ascribed to it in Section 10 of the
12     Illinois Streetgang Terrorism Omnibus Prevention Act;
13         (7) if he or she is at least 17 years of age and has
14     been sentenced to probation or conditional discharge for a
15     misdemeanor or felony in a county of 3,000,000 or more
16     inhabitants and has not been previously convicted of a
17     misdemeanor or felony, may be required by the sentencing
18     court to attend educational courses designed to prepare the
19     defendant for a high school diploma and to work toward a
20     high school diploma or to work toward passing the high
21     school level Test of General Educational Development (GED)
22     or to work toward completing a vocational training program
23     approved by the court. The person on probation or
24     conditional discharge must attend a public institution of
25     education to obtain the educational or vocational training
26     required by this clause (7). The court shall revoke the

 

 

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1     probation or conditional discharge of a person who wilfully
2     fails to comply with this clause (7). The person on
3     probation or conditional discharge shall be required to pay
4     for the cost of the educational courses or GED test, if a
5     fee is charged for those courses or test. The court shall
6     resentence the offender whose probation or conditional
7     discharge has been revoked as provided in Section 5-6-4.
8     This clause (7) does not apply to a person who has a high
9     school diploma or has successfully passed the GED test.
10     This clause (7) does not apply to a person who is
11     determined by the court to be developmentally disabled or
12     otherwise mentally incapable of completing the educational
13     or vocational program;
14         (8) if convicted of possession of a substance
15     prohibited by the Cannabis Control Act, the Illinois
16     Controlled Substances Act, or the Methamphetamine Control
17     and Community Protection Act after a previous conviction or
18     disposition of supervision for possession of a substance
19     prohibited by the Cannabis Control Act or Illinois
20     Controlled Substances Act or after a sentence of probation
21     under Section 10 of the Cannabis Control Act, Section 410
22     of the Illinois Controlled Substances Act, or Section 70 of
23     the Methamphetamine Control and Community Protection Act
24     and upon a finding by the court that the person is
25     addicted, undergo treatment at a substance abuse program
26     approved by the court;

 

 

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1         (8.5) if convicted of a felony sex offense as defined
2     in the Sex Offender Management Board Act, the person shall
3     undergo and successfully complete sex offender treatment
4     by a treatment provider approved by the Board and conducted
5     in conformance with the standards developed under the Sex
6     Offender Management Board Act;
7         (8.6) if convicted of a sex offense as defined in the
8     Sex Offender Management Board Act, refrain from residing at
9     the same address or in the same condominium unit or
10     apartment unit or in the same condominium complex or
11     apartment complex with another person he or she knows or
12     reasonably should know is a convicted sex offender or has
13     been placed on supervision for a sex offense; the
14     provisions of this paragraph do not apply to a person
15     convicted of a sex offense who is placed in a Department of
16     Corrections licensed transitional housing facility for sex
17     offenders; and
18         (9) if convicted of a felony, physically surrender at a
19     time and place designated by the court, his or her Firearm
20     Owner's Identification Card and any and all firearms in his
21     or her possession; and
22         (10) if convicted of a sex offense as defined in
23     subsection (a-5) of Section 3-1-2 of this Code, unless the
24     offender is a parent or guardian of the person under 18
25     years of age present in the home and no non-familial minors
26     are present, not participate in a holiday event involving

 

 

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1     children under 18 years of age, such as distributing candy
2     or other items to children on Halloween, wearing a Santa
3     Claus costume on or preceding Christmas, being employed as
4     a department store Santa Claus, or wearing an Easter Bunny
5     costume on or preceding Easter.
6     (b) The Court may in addition to other reasonable
7 conditions relating to the nature of the offense or the
8 rehabilitation of the defendant as determined for each
9 defendant in the proper discretion of the Court require that
10 the person:
11         (1) serve a term of periodic imprisonment under Article
12     7 for a period not to exceed that specified in paragraph
13     (d) of Section 5-7-1;
14         (2) pay a fine and costs;
15         (3) work or pursue a course of study or vocational
16     training;
17         (4) undergo medical, psychological or psychiatric
18     treatment; or treatment for drug addiction or alcoholism;
19         (5) attend or reside in a facility established for the
20     instruction or residence of defendants on probation;
21         (6) support his dependents;
22         (7) and in addition, if a minor:
23             (i) reside with his parents or in a foster home;
24             (ii) attend school;
25             (iii) attend a non-residential program for youth;
26             (iv) contribute to his own support at home or in a

 

 

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1         foster home;
2             (v) with the consent of the superintendent of the
3         facility, attend an educational program at a facility
4         other than the school in which the offense was
5         committed if he or she is convicted of a crime of
6         violence as defined in Section 2 of the Crime Victims
7         Compensation Act committed in a school, on the real
8         property comprising a school, or within 1,000 feet of
9         the real property comprising a school;
10         (8) make restitution as provided in Section 5-5-6 of
11     this Code;
12         (9) perform some reasonable public or community
13     service;
14         (10) serve a term of home confinement. In addition to
15     any other applicable condition of probation or conditional
16     discharge, the conditions of home confinement shall be that
17     the offender:
18             (i) remain within the interior premises of the
19         place designated for his confinement during the hours
20         designated by the court;
21             (ii) admit any person or agent designated by the
22         court into the offender's place of confinement at any
23         time for purposes of verifying the offender's
24         compliance with the conditions of his confinement; and
25             (iii) if further deemed necessary by the court or
26         the Probation or Court Services Department, be placed

 

 

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1         on an approved electronic monitoring device, subject
2         to Article 8A of Chapter V;
3             (iv) for persons convicted of any alcohol,
4         cannabis or controlled substance violation who are
5         placed on an approved monitoring device as a condition
6         of probation or conditional discharge, the court shall
7         impose a reasonable fee for each day of the use of the
8         device, as established by the county board in
9         subsection (g) of this Section, unless after
10         determining the inability of the offender to pay the
11         fee, the court assesses a lesser fee or no fee as the
12         case may be. This fee shall be imposed in addition to
13         the fees imposed under subsections (g) and (i) of this
14         Section. The fee shall be collected by the clerk of the
15         circuit court. The clerk of the circuit court shall pay
16         all monies collected from this fee to the county
17         treasurer for deposit in the substance abuse services
18         fund under Section 5-1086.1 of the Counties Code; and
19             (v) for persons convicted of offenses other than
20         those referenced in clause (iv) above and who are
21         placed on an approved monitoring device as a condition
22         of probation or conditional discharge, the court shall
23         impose a reasonable fee for each day of the use of the
24         device, as established by the county board in
25         subsection (g) of this Section, unless after
26         determining the inability of the defendant to pay the

 

 

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1         fee, the court assesses a lesser fee or no fee as the
2         case may be. This fee shall be imposed in addition to
3         the fees imposed under subsections (g) and (i) of this
4         Section. The fee shall be collected by the clerk of the
5         circuit court. The clerk of the circuit court shall pay
6         all monies collected from this fee to the county
7         treasurer who shall use the monies collected to defray
8         the costs of corrections. The county treasurer shall
9         deposit the fee collected in the county working cash
10         fund under Section 6-27001 or Section 6-29002 of the
11         Counties Code, as the case may be.
12         (11) comply with the terms and conditions of an order
13     of protection issued by the court pursuant to the Illinois
14     Domestic Violence Act of 1986, as now or hereafter amended,
15     or an order of protection issued by the court of another
16     state, tribe, or United States territory. A copy of the
17     order of protection shall be transmitted to the probation
18     officer or agency having responsibility for the case;
19         (12) reimburse any "local anti-crime program" as
20     defined in Section 7 of the Anti-Crime Advisory Council Act
21     for any reasonable expenses incurred by the program on the
22     offender's case, not to exceed the maximum amount of the
23     fine authorized for the offense for which the defendant was
24     sentenced;
25         (13) contribute a reasonable sum of money, not to
26     exceed the maximum amount of the fine authorized for the

 

 

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1     offense for which the defendant was sentenced, to a "local
2     anti-crime program", as defined in Section 7 of the
3     Anti-Crime Advisory Council Act;
4         (14) refrain from entering into a designated
5     geographic area except upon such terms as the court finds
6     appropriate. Such terms may include consideration of the
7     purpose of the entry, the time of day, other persons
8     accompanying the defendant, and advance approval by a
9     probation officer, if the defendant has been placed on
10     probation or advance approval by the court, if the
11     defendant was placed on conditional discharge;
12         (15) refrain from having any contact, directly or
13     indirectly, with certain specified persons or particular
14     types of persons, including but not limited to members of
15     street gangs and drug users or dealers;
16         (16) refrain from having in his or her body the
17     presence of any illicit drug prohibited by the Cannabis
18     Control Act, the Illinois Controlled Substances Act, or the
19     Methamphetamine Control and Community Protection Act,
20     unless prescribed by a physician, and submit samples of his
21     or her blood or urine or both for tests to determine the
22     presence of any illicit drug.
23     (c) The court may as a condition of probation or of
24 conditional discharge require that a person under 18 years of
25 age found guilty of any alcohol, cannabis or controlled
26 substance violation, refrain from acquiring a driver's license

 

 

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1 during the period of probation or conditional discharge. If
2 such person is in possession of a permit or license, the court
3 may require that the minor refrain from driving or operating
4 any motor vehicle during the period of probation or conditional
5 discharge, except as may be necessary in the course of the
6 minor's lawful employment.
7     (d) An offender sentenced to probation or to conditional
8 discharge shall be given a certificate setting forth the
9 conditions thereof.
10     (e) Except where the offender has committed a fourth or
11 subsequent violation of subsection (c) of Section 6-303 of the
12 Illinois Vehicle Code, the court shall not require as a
13 condition of the sentence of probation or conditional discharge
14 that the offender be committed to a period of imprisonment in
15 excess of 6 months. This 6 month limit shall not include
16 periods of confinement given pursuant to a sentence of county
17 impact incarceration under Section 5-8-1.2. This 6 month limit
18 does not apply to a person sentenced to probation as a result
19 of a conviction of a fourth or subsequent violation of
20 subsection (c-4) of Section 11-501 of the Illinois Vehicle Code
21 or a similar provision of a local ordinance.
22     Persons committed to imprisonment as a condition of
23 probation or conditional discharge shall not be committed to
24 the Department of Corrections.
25     (f) The court may combine a sentence of periodic
26 imprisonment under Article 7 or a sentence to a county impact

 

 

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1 incarceration program under Article 8 with a sentence of
2 probation or conditional discharge.
3     (g) An offender sentenced to probation or to conditional
4 discharge and who during the term of either undergoes mandatory
5 drug or alcohol testing, or both, or is assigned to be placed
6 on an approved electronic monitoring device, shall be ordered
7 to pay all costs incidental to such mandatory drug or alcohol
8 testing, or both, and all costs incidental to such approved
9 electronic monitoring in accordance with the defendant's
10 ability to pay those costs. The county board with the
11 concurrence of the Chief Judge of the judicial circuit in which
12 the county is located shall establish reasonable fees for the
13 cost of maintenance, testing, and incidental expenses related
14 to the mandatory drug or alcohol testing, or both, and all
15 costs incidental to approved electronic monitoring, involved
16 in a successful probation program for the county. The
17 concurrence of the Chief Judge shall be in the form of an
18 administrative order. The fees shall be collected by the clerk
19 of the circuit court. The clerk of the circuit court shall pay
20 all moneys collected from these fees to the county treasurer
21 who shall use the moneys collected to defray the costs of drug
22 testing, alcohol testing, and electronic monitoring. The
23 county treasurer shall deposit the fees collected in the county
24 working cash fund under Section 6-27001 or Section 6-29002 of
25 the Counties Code, as the case may be.
26     (h) Jurisdiction over an offender may be transferred from

 

 

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1 the sentencing court to the court of another circuit with the
2 concurrence of both courts. Further transfers or retransfers of
3 jurisdiction are also authorized in the same manner. The court
4 to which jurisdiction has been transferred shall have the same
5 powers as the sentencing court.
6     (i) The court shall impose upon an offender sentenced to
7 probation after January 1, 1989 or to conditional discharge
8 after January 1, 1992 or to community service under the
9 supervision of a probation or court services department after
10 January 1, 2004, as a condition of such probation or
11 conditional discharge or supervised community service, a fee of
12 $50 for each month of probation or conditional discharge
13 supervision or supervised community service ordered by the
14 court, unless after determining the inability of the person
15 sentenced to probation or conditional discharge or supervised
16 community service to pay the fee, the court assesses a lesser
17 fee. The court may not impose the fee on a minor who is made a
18 ward of the State under the Juvenile Court Act of 1987 while
19 the minor is in placement. The fee shall be imposed only upon
20 an offender who is actively supervised by the probation and
21 court services department. The fee shall be collected by the
22 clerk of the circuit court. The clerk of the circuit court
23 shall pay all monies collected from this fee to the county
24 treasurer for deposit in the probation and court services fund
25 under Section 15.1 of the Probation and Probation Officers Act.
26     A circuit court may not impose a probation fee under this

 

 

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1 subsection (i) in excess of $25 per month unless: (1) the
2 circuit court has adopted, by administrative order issued by
3 the chief judge, a standard probation fee guide determining an
4 offender's ability to pay, under guidelines developed by the
5 Administrative Office of the Illinois Courts; and (2) the
6 circuit court has authorized, by administrative order issued by
7 the chief judge, the creation of a Crime Victim's Services
8 Fund, to be administered by the Chief Judge or his or her
9 designee, for services to crime victims and their families. Of
10 the amount collected as a probation fee, up to $5 of that fee
11 collected per month may be used to provide services to crime
12 victims and their families.
13     This amendatory Act of the 93rd General Assembly deletes
14 the $10 increase in the fee under this subsection that was
15 imposed by Public Act 93-616. This deletion is intended to
16 control over any other Act of the 93rd General Assembly that
17 retains or incorporates that fee increase.
18     (i-5) In addition to the fees imposed under subsection (i)
19 of this Section, in the case of an offender convicted of a
20 felony sex offense (as defined in the Sex Offender Management
21 Board Act) or an offense that the court or probation department
22 has determined to be sexually motivated (as defined in the Sex
23 Offender Management Board Act), the court or the probation
24 department shall assess additional fees to pay for all costs of
25 treatment, assessment, evaluation for risk and treatment, and
26 monitoring the offender, based on that offender's ability to

 

 

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1 pay those costs either as they occur or under a payment plan.
2     (j) All fines and costs imposed under this Section for any
3 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
4 Code, or a similar provision of a local ordinance, and any
5 violation of the Child Passenger Protection Act, or a similar
6 provision of a local ordinance, shall be collected and
7 disbursed by the circuit clerk as provided under Section 27.5
8 of the Clerks of Courts Act.
9     (k) Any offender who is sentenced to probation or
10 conditional discharge for a felony sex offense as defined in
11 the Sex Offender Management Board Act or any offense that the
12 court or probation department has determined to be sexually
13 motivated as defined in the Sex Offender Management Board Act
14 shall be required to refrain from any contact, directly or
15 indirectly, with any persons specified by the court and shall
16 be available for all evaluations and treatment programs
17 required by the court or the probation department.
18 (Source: P.A. 93-475, eff. 8-8-03; 93-616, eff. 1-1-04; 93-970,
19 eff. 8-20-04; 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
20 94-556, eff. 9-11-05; revised 8-19-05.)
 
21     (730 ILCS 5/5-8-7)  (from Ch. 38, par. 1005-8-7)
22     Sec. 5-8-7. Calculation of Term of Imprisonment.
23     (a) A sentence of imprisonment shall commence on the date
24 on which the offender is received by the Department or the
25 institution at which the sentence is to be served.

 

 

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1     (b) The offender shall be given credit on the determinate
2 sentence or maximum term and the minimum period of imprisonment
3 for time spent in custody as a result of the offense for which
4 the sentence was imposed, at the rate specified in Section
5 3-6-3 of this Code. Except when prohibited by subsection (d),
6 the trial court may give credit to the defendant for time spent
7 in home detention, or when the defendant has been confined for
8 psychiatric or substance abuse treatment prior to judgment, if
9 the court finds that the detention or confinement was
10 custodial.
11     (c) An offender arrested on one charge and prosecuted on
12 another charge for conduct which occurred prior to his arrest
13 shall be given credit on the determinate sentence or maximum
14 term and the minimum term of imprisonment for time spent in
15 custody under the former charge not credited against another
16 sentence.
17     (d) An offender sentenced to a term of imprisonment for an
18 offense listed in paragraph (2) of subsection (c) of Section
19 5-5-3 of this Code, or for an offense listed in subdivision
20 (d)(2)(c) in paragraph (3) of subsection (c-1) of Section
21 11-501 of the Illinois Vehicle Code that was committed while
22 the offender's driving privileges were revoked or suspended as
23 provided in subdivision (d)(1)(G) of that Section, shall not
24 receive credit for time spent in home detention prior to
25 judgment.
26 (Source: P.A. 93-800, eff. 1-1-05.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     625 ILCS 5/6-101 from Ch. 95 1/2, par. 6-101
4     625 ILCS 5/6-206.2
5     625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303
6     625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
7     625 ILCS 5/11-501.01 new
8     625 ILCS 5/Chapter 16A
9     heading new
10     625 ILCS 5/16A-1 new
11     625 ILCS 5/16A-5 new
12     625 ILCS 5/16A-10 new
13     625 ILCS 5/16A-15 new
14     625 ILCS 5/16A-20 new
15     625 ILCS 5/16A-25 new
16     625 ILCS 5/16A-30 new
17     625 ILCS 5/16A-35 new
18     625 ILCS 5/16A-40 new
19     625 ILCS 5/16A-45 new
20     625 ILCS 5/16A-50 new
21     720 ILCS 5/36-1 from Ch. 38, par. 36-1
22     730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3
23     730 ILCS 5/5-8-7 from Ch. 38, par. 1005-8-7