SB0607 Enrolled LRB095 07293 DRH 27432 b

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 as follows:
 
7     (625 ILCS 5/6-101)  (from Ch. 95 1/2, par. 6-101)
8     Sec. 6-101. Drivers must have licenses or permits.
9     (a) No person, except those expressly exempted by Section
10 6-102, shall drive any motor vehicle upon a highway in this
11 State unless such person has a valid license or permit, or a
12 restricted driving permit, issued under the provisions of this
13 Act.
14     (b) No person shall drive a motor vehicle unless he holds a
15 valid license or permit, or a restricted driving permit issued
16 under the provisions of Section 6-205, 6-206, or 6-113 of this
17 Act. Any person to whom a license is issued under the
18 provisions of this Act must surrender to the Secretary of State
19 all valid licenses or permits. No drivers license shall be
20 issued to any person who holds a valid Foreign State license,
21 identification card, or permit unless such person first
22 surrenders to the Secretary of State any such valid Foreign
23 State license, identification card, or permit.

 

 

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1     (b-5) Any person who commits a violation of subsection (a)
2 or (b) of this Section is guilty of a Class A misdemeanor, if
3 at the time of the violation the person's driver's license or
4 permit was cancelled under clause (a)9 of Section 6-201 of this
5 Code.
6     (c) Any person licensed as a driver hereunder shall not be
7 required by any city, village, incorporated town or other
8 municipal corporation to obtain any other license to exercise
9 the privilege thereby granted.
10     (d) In addition to other penalties imposed under this
11 Section, any person in violation of this Section who is also in
12 violation of Section 7-601 of this Code relating to mandatory
13 insurance requirements shall have his or her motor vehicle
14 immediately impounded by the arresting law enforcement
15 officer. The motor vehicle may be released to any licensed
16 driver upon a showing of proof of insurance for the motor
17 vehicle that was impounded and the notarized written consent
18 for the release by the vehicle owner.
19     (e) In addition to other penalties imposed under this
20 Section, the vehicle of any person in violation of this Section
21 who is also in violation of Section 7-601 of this Code relating
22 to mandatory insurance requirements and who, in violating this
23 Section, has caused death or personal injury to another person
24 is subject to forfeiture under Sections 36-1 and 36-2 of the
25 Criminal Code of 1961. For the purposes of this Section, a
26 personal injury shall include any type A injury as indicated on

 

 

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

 

 

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1 operation of, an ignition interlock device.
2     (d) Except as provided in subsection (c)(17) of Section
3 5-6-3.1 of the Unified Code of Corrections or by rule, no
4 person shall knowingly rent, lease, or lend a motor vehicle to
5 a person known to have his or her driving privilege restricted
6 by being prohibited from operating a vehicle not equipped with
7 an ignition interlock device, unless the vehicle is equipped
8 with a functioning ignition interlock device. Any person whose
9 driving privilege is so restricted shall notify any person
10 intending to rent, lease, or loan a motor vehicle to the
11 restricted person of the driving restriction imposed upon him
12 or her.
13     A person convicted of a violation of this subsection shall
14 be punished by imprisonment for not more than 6 months or by a
15 fine of not more than $5,000, or both.
16     (e) If a person prohibited under Section 11-501.01
17 paragraph (2) or paragraph (3) of subsection (c-4) of Section
18 11-501 from driving any vehicle not equipped with an ignition
19 interlock device nevertheless is convicted of driving a vehicle
20 that is not equipped with the device, that person is prohibited
21 from driving any vehicle not equipped with an ignition
22 interlock device for an additional period of time equal to the
23 initial time period that the person was required to use an
24 ignition interlock device.
25 (Source: P.A. 91-127, eff. 1-1-00; 92-418, eff. 8-17-01.)
 

 

 

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

 

 

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

 

 

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

 

 

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1 (d-3), any person convicted of a third or subsequent violation
2 of this Section shall serve a minimum term of imprisonment of
3 30 days or 300 hours of community service, as determined by the
4 court.
5     (d-2) Any person convicted of a third violation of this
6 Section is guilty of a Class 4 felony and must serve a minimum
7 term of imprisonment of 30 days if the revocation or suspension
8 was for a violation of Section 11-401 or 11-501 of this Code,
9 or a similar out-of-state offense, or a similar provision of a
10 local ordinance, a violation of Section 9-3 of the Criminal
11 Code of 1961, relating to the offense of reckless homicide, or
12 a similar out-of-state offense, or a statutory summary
13 suspension under Section 11-501.1 of this Code.
14     (d-3) Any person convicted of a fourth, fifth, sixth,
15 seventh, eighth, or ninth violation of this Section is guilty
16 of a Class 4 felony and must serve a minimum term of
17 imprisonment of 180 days if the revocation or suspension was
18 for a violation of Section 11-401 or 11-501 of this Code, or a
19 similar out-of-state offense, or a similar provision of a local
20 ordinance, a violation of Section 9-3 of the Criminal Code of
21 1961, relating to the offense of reckless homicide, or a
22 similar out-of-state offense, or a statutory summary
23 suspension under Section 11-501.1 of this Code.
24     (d-4) Any person convicted of a tenth, eleventh, twelfth,
25 thirteenth, or fourteenth violation of this Section is guilty
26 of a Class 3 felony, and is not eligible for probation or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1             (D) the person committed a violation of subsection
2         (a) for a second time and has been previously convicted
3         of violating Section 9-3 of the Criminal Code of 1961
4         or a similar provision of a law of another state
5         relating to reckless homicide in which the person was
6         determined to have been under the influence of alcohol,
7         other drug or drugs, or intoxicating compound or
8         compounds as an element of the offense or the person
9         has previously been convicted under subparagraph (C)
10         or subparagraph (F) of this paragraph (1);
11             (E) the person, in committing a violation of
12         subsection (a) while driving at any speed in a school
13         speed zone at a time when a speed limit of 20 miles per
14         hour was in effect under subsection (a) of Section
15         11-605 of this Code, was involved in a motor vehicle
16         accident that resulted in bodily harm, other than great
17         bodily harm or permanent disability or disfigurement,
18         to another person, when the violation of subsection (a)
19         was a proximate cause of the bodily harm; or
20             (F) the person, in committing a violation of
21         subsection (a), was involved in a motor vehicle,
22         snowmobile, all-terrain vehicle, or watercraft
23         accident that resulted in the death of another person,
24         when the violation of subsection (a) was a proximate
25         cause of the death.
26         (2) Except as provided in this paragraph (2), 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. Aggravated driving under
8     the influence of alcohol, other drug or drugs, or
9     intoxicating compound or compounds, or any combination
10     thereof as defined in subparagraph (F) of paragraph (1) of
11     this subsection (d) is a Class 2 felony, for which the
12     defendant, if sentenced to a term of imprisonment, shall be
13     sentenced to: (A) a term of imprisonment of not less than 3
14     years and not more than 14 years if the violation resulted
15     in the death of one person; or (B) a term of imprisonment
16     of not less than 6 years and not more than 28 years if the
17     violation resulted in the deaths of 2 or more persons. For
18     any prosecution under this subsection (d), a certified copy
19     of the driving abstract of the defendant shall be admitted
20     as proof of any prior conviction. Any person sentenced
21     under this subsection (d) who receives a term of probation
22     or conditional discharge must serve a minimum term of
23     either 480 hours of community service or 10 days of
24     imprisonment as a condition of the probation or conditional
25     discharge. This mandatory minimum term of imprisonment or
26     assignment of community service may not be suspended or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     suspension was for a violation of subsection (a), Section
2     11-501.1, paragraph (b) of Section 11-401, or for reckless
3     homicide as defined in Section 9-3 of the Criminal Code of
4     1961, is guilty of a Class 2 felony and is not eligible for
5     a sentence of probation or conditional discharge.
6     (c-2) (Blank).
7     (c-3) (Blank).
8     (c-4) (Blank).
9     (c-5) Except as provided in subsection (c-5.1), a person 21
10 years of age or older who violates subsection (a), if the
11 person was transporting a person under the age of 16 at the
12 time of the violation, is subject to 6 months of imprisonment,
13 an additional mandatory minimum fine of $1,000, and 25 days of
14 community service in a program benefiting children. The
15 imprisonment or assignment of community service under this
16 subsection (c-5) is not subject to suspension, nor is the
17 person eligible for a reduced sentence.
18     (c-5.1) A person 21 years of age or older who is convicted
19 of violating subsection (a) of this Section a first time and
20 who in committing that violation was involved in a motor
21 vehicle accident that resulted in bodily harm to the child
22 under the age of 16 being transported by the person, if the
23 violation was the proximate cause of the injury, is guilty of a
24 Class 4 felony and is subject to one year of imprisonment, a
25 mandatory fine of $2,500, and 25 days of community service in a
26 program benefiting children. The imprisonment or assignment to

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 transporting a person under the age of 16 or while the alcohol
2 concentration in his or her blood, breath, or urine was 0.16 or
3 more based on the definition of blood, breath, or urine units
4 in Section 11-501.2, is guilty of a Class 2 felony and is not
5 eligible for a sentence of probation or conditional discharge
6 and is subject to a minimum fine of $2,500.
7     (d) (1) Every person convicted of committing a violation of
8     this Section shall be guilty of aggravated driving under
9     the influence of alcohol, other drug or drugs, or
10     intoxicating compound or compounds, or any combination
11     thereof if:
12             (A) the person committed a violation of subsection
13         (a) or a similar provision for the third or subsequent
14         time;
15             (B) the person committed a violation of subsection
16         (a) while driving a school bus with persons 18 years of
17         age or younger on board;
18             (C) the person in committing a violation of
19         subsection (a) was involved in a motor vehicle accident
20         that resulted in great bodily harm or permanent
21         disability or disfigurement to another, when the
22         violation was a proximate cause of the injuries;
23             (D) the person committed a violation of subsection
24         (a) for a second time and has been previously convicted
25         of violating Section 9-3 of the Criminal Code of 1961
26         or a similar provision of a law of another state

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 Services. If the individual is not a resident of Illinois,
2 however, the court may accept an alcohol or other drug
3 evaluation or remedial education program in the individual's
4 state of residence. Programs providing treatment must be
5 licensed under existing applicable alcoholism and drug
6 treatment licensure standards.
7     (m) In addition to any other fine or penalty required by
8 law, an individual convicted of a violation of subsection (a),
9 Section 5-7 of the Snowmobile Registration and Safety Act,
10 Section 5-16 of the Boat Registration and Safety Act, or a
11 similar provision, whose operation of a motor vehicle,
12 snowmobile, or watercraft while in violation of subsection (a),
13 Section 5-7 of the Snowmobile Registration and Safety Act,
14 Section 5-16 of the Boat Registration and Safety Act, or a
15 similar provision proximately caused an incident resulting in
16 an appropriate emergency response, shall be required to make
17 restitution to a public agency for the costs of that emergency
18 response. The restitution may not exceed $1,000 per public
19 agency for each emergency response. As used in this subsection
20 (m), "emergency response" means any incident requiring a
21 response by a police officer, a firefighter carried on the
22 rolls of a regularly constituted fire department, or an
23 ambulance.
24 (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03;
25 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05;
26 93-840, eff. 7-30-04; 94-110, eff. 1-1-06; 94-963, eff.

 

 

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1 6-28-06.)
 
2     (Text of Section from P.A. 94-113, 94-609, and 94-963)
3     Sec. 11-501. Driving while under the influence of alcohol,
4 other drug or drugs, intoxicating compound or compounds or any
5 combination thereof.
6     (a) A person shall not drive or be in actual physical
7 control of any vehicle within this State while:
8         (1) the alcohol concentration in the person's blood or
9     breath is 0.08 or more based on the definition of blood and
10     breath units in Section 11-501.2;
11         (2) under the influence of alcohol;
12         (3) under the influence of any intoxicating compound or
13     combination of intoxicating compounds to a degree that
14     renders the person incapable of driving safely;
15         (4) under the influence of any other drug or
16     combination of drugs to a degree that renders the person
17     incapable of safely driving;
18         (5) under the combined influence of alcohol, other drug
19     or drugs, or intoxicating compound or compounds to a degree
20     that renders the person incapable of safely driving; or
21         (6) there is any amount of a drug, substance, or
22     compound in the person's breath, blood, or urine resulting
23     from the unlawful use or consumption of cannabis listed in
24     the Cannabis Control Act, a controlled substance listed in
25     the Illinois Controlled Substances Act, or an intoxicating

 

 

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

 

 

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

 

 

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1         (2.1) A person who violates subsection (a) a third
2     time, if the third violation occurs during a period in
3     which his or her driving privileges are revoked or
4     suspended where the revocation or suspension was for a
5     violation of subsection (a), Section 11-501.1, subsection
6     (b) of Section 11-401, or for reckless homicide as defined
7     in Section 9-3 of the Criminal Code of 1961, is guilty of a
8     Class 3 felony; and if the person receives a term of
9     probation or conditional discharge, he or she shall be
10     required to serve a mandatory minimum of 10 days of
11     imprisonment or shall be assigned a mandatory minimum of
12     480 hours of community service, as may be determined by the
13     court, as a condition of the probation or conditional
14     discharge. This mandatory minimum term of imprisonment or
15     assignment of community service shall not be suspended or
16     reduced by the court.
17         (2.2) A person who violates subsection (a), if the
18     violation occurs during a period in which his or her
19     driving privileges are revoked or suspended where the
20     revocation or suspension was for a violation of subsection
21     (a) or Section 11-501.1, shall also be sentenced to an
22     additional mandatory minimum term of 30 consecutive days of
23     imprisonment, 40 days of 24-hour periodic imprisonment, or
24     720 hours of community service, as may be determined by the
25     court. This mandatory term of imprisonment or assignment of
26     community service shall not be suspended or reduced by the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 imprisonment and a mandatory minimum fine of $1,250.
2     (c-14) Any person convicted of a third violation of
3 subsection (a) or a similar provision within 20 years of a
4 previous violation of subsection (a) or a similar provision, if
5 at the time of the third violation of subsection (a) or a
6 similar provision the alcohol concentration in his or her
7 blood, breath, or urine was 0.16 or more based on the
8 definition of blood, breath, or urine units in Section
9 11-501.2, is guilty of a Class 4 felony and shall be subject,
10 in addition to any other penalty that may be imposed, to a
11 mandatory minimum of 90 days of imprisonment and a mandatory
12 minimum fine of $2,500.
13     (c-15) Any person convicted of a fourth or subsequent
14 violation of subsection (a) or a similar provision, if at the
15 time of the fourth or subsequent violation 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, and if the person's 3 prior violations of
19 subsection (a) or a similar provision occurred while
20 transporting a person under the age of 16 or while 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, is guilty of a Class 2 felony and is not
24 eligible for a sentence of probation or conditional discharge
25 and is subject to a minimum fine of $2,500.
26     (d) (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; or
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         (2) Except as provided in this paragraph (2), a person
16     convicted of aggravated driving under the influence of
17     alcohol, other drug or drugs, or intoxicating compound or
18     compounds, or any combination thereof is guilty of a Class
19     4 felony. For a violation of subparagraph (C) of paragraph
20     (1) of this subsection (d), the defendant, if sentenced to
21     a term of imprisonment, shall be sentenced to not less than
22     one year nor more than 12 years. Aggravated driving under
23     the influence of alcohol, other drug or drugs, or
24     intoxicating compound or compounds, or any combination
25     thereof as defined in subparagraph (F) of paragraph (1) of
26     this subsection (d) is a Class 2 felony, for which the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     (m) In addition to any other fine or penalty required by
2 law, an individual convicted of a violation of subsection (a),
3 Section 5-7 of the Snowmobile Registration and Safety Act,
4 Section 5-16 of the Boat Registration and Safety Act, or a
5 similar provision, whose operation of a motor vehicle,
6 snowmobile, or watercraft while in violation of subsection (a),
7 Section 5-7 of the Snowmobile Registration and Safety Act,
8 Section 5-16 of the Boat Registration and Safety Act, or a
9 similar provision proximately caused an incident resulting in
10 an appropriate emergency response, shall be required to make
11 restitution to a public agency for the costs of that emergency
12 response. The restitution may not exceed $1,000 per public
13 agency for each emergency response. As used in this subsection
14 (m), "emergency response" means any incident requiring a
15 response by a police officer, a firefighter carried on the
16 rolls of a regularly constituted fire department, or an
17 ambulance.
18 (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03;
19 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05;
20 93-840, eff. 7-30-04; 94-113, eff. 1-1-06; 94-609, eff. 1-1-06;
21 94-963, eff. 6-28-06.)
 
22     (Text of Section from P.A. 94-114 and 94-963)
23     Sec. 11-501. Driving while under the influence of alcohol,
24 other drug or drugs, intoxicating compound or compounds or any
25 combination thereof.

 

 

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

 

 

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1     (b-1) With regard to penalties imposed under this Section:
2         (1) Any reference to a prior violation of subsection
3     (a) or a similar provision includes any violation of a
4     provision of a local ordinance or a provision of a law of
5     another state that is similar to a violation of subsection
6     (a) of this Section.
7         (2) Any penalty imposed for driving with a license that
8     has been revoked for a previous violation of subsection (a)
9     of this Section shall be in addition to the penalty imposed
10     for any subsequent violation of subsection (a).
11     (b-2) Except as otherwise provided in this Section, any
12 person convicted of violating subsection (a) of this Section is
13 guilty of a Class A misdemeanor.
14     (b-3) In addition to any other criminal or administrative
15 sanction for any second conviction of violating subsection (a)
16 or a similar provision committed within 5 years of a previous
17 violation of subsection (a) or a similar provision, the
18 defendant shall be sentenced to a mandatory minimum of 5 days
19 of imprisonment or assigned a mandatory minimum of 240 hours of
20 community service as may be determined by the court.
21     (b-4) In the case of a third or subsequent violation
22 committed within 5 years of a previous violation of subsection
23 (a) or a similar provision, in addition to any other criminal
24 or administrative sanction, a mandatory minimum term of either
25 10 days of imprisonment or 480 hours of community service shall
26 be imposed.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 fine of $1,000, an additional mandatory 140 hours of community
2 service, which shall include 40 hours in a program benefiting
3 children, and a mandatory minimum 30 days of imprisonment. The
4 imprisonment or assignment of community service under this
5 subsection (c-9) is not subject to suspension, nor is the
6 person eligible for a reduced sentence.
7     (c-10) Any person convicted of violating subsection (c-9)
8 or a similar provision a third time within 20 years of a
9 previous violation of subsection (a) or a similar provision is
10 guilty of a Class 4 felony and shall receive, in addition to
11 any other penalty imposed, an additional mandatory 40 hours of
12 community service in a program benefiting children, an
13 additional mandatory fine of $3,000, and a mandatory minimum
14 120 days of imprisonment. The imprisonment or assignment of
15 community service under this subsection (c-10) is not subject
16 to suspension, nor is the person eligible for a reduced
17 sentence.
18     (c-11) Any person convicted a fourth or fifth time for
19 violating subsection (a) or a similar provision, if at the time
20 of the fourth or fifth violation the person was transporting a
21 person under the age of 16, and if the person's 3 prior
22 violations of subsection (a) or a similar provision occurred
23 while transporting a person under the age of 16 or while the
24 alcohol concentration in his or her blood, breath, or urine was
25 0.16 or more based on the definition of blood, breath, or urine
26 units in Section 11-501.2, is guilty of a Class 2 felony, is

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 person who is found guilty of or pleads guilty to violating
2 subsection (a), including any person placed on court
3 supervision for violating subsection (a), shall be fined $500,
4 payable to the circuit clerk, who shall distribute the money as
5 follows: 20% to the law enforcement agency that made the arrest
6 and 80% shall be forwarded to the State Treasurer for deposit
7 into the General Revenue Fund. If the person has been
8 previously convicted of violating subsection (a) or a similar
9 provision of a local ordinance, the fine shall be $1,000. In
10 the event that more than one agency is responsible for the
11 arrest, the amount payable to law enforcement agencies shall be
12 shared equally. Any moneys received by a law enforcement agency
13 under this subsection (j) shall be used for enforcement and
14 prevention of driving while under the influence of alcohol,
15 other drug or drugs, intoxicating compound or compounds or any
16 combination thereof, as defined by this Section, including but
17 not limited to the purchase of law enforcement equipment and
18 commodities that will assist in the prevention of alcohol
19 related criminal violence throughout the State; police officer
20 training and education in areas related to alcohol related
21 crime, including but not limited to DUI training; and police
22 officer salaries, including but not limited to salaries for
23 hire back funding for safety checkpoints, saturation patrols,
24 and liquor store sting operations. Equipment and commodities
25 shall include, but are not limited to, in-car video cameras,
26 radar and laser speed detection devices, and alcohol breath

 

 

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

 

 

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

 

 

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1 snowmobile, or watercraft while in violation of subsection (a),
2 Section 5-7 of the Snowmobile Registration and Safety Act,
3 Section 5-16 of the Boat Registration and Safety Act, or a
4 similar provision proximately caused an incident resulting in
5 an appropriate emergency response, shall be required to make
6 restitution to a public agency for the costs of that emergency
7 response. The restitution may not exceed $1,000 per public
8 agency for each emergency response. As used in this subsection
9 (m), "emergency response" means any incident requiring a
10 response by a police officer, a firefighter carried on the
11 rolls of a regularly constituted fire department, or an
12 ambulance.
13 (Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03;
14 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05;
15 93-840, eff. 7-30-04; 94-114, eff. 1-1-06; 94-963, eff.
16 6-28-06.)
 
17     (Text of Section from P.A. 94-116 and 94-963)
18     Sec. 11-501. Driving while under the influence of alcohol,
19 other drug or drugs, intoxicating compound or compounds or any
20 combination thereof.
21     (a) A person shall not drive or be in actual physical
22 control of any vehicle within this State while:
23         (1) the alcohol concentration in the person's blood or
24     breath is 0.08 or more based on the definition of blood and
25     breath units in Section 11-501.2;

 

 

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

 

 

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

 

 

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

 

 

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1     violation occurs during a period in which his or her
2     driving privileges are revoked or suspended where the
3     revocation or suspension was for a violation of subsection
4     (a) or Section 11-501.1, shall also be sentenced to an
5     additional mandatory minimum term of 30 consecutive days of
6     imprisonment, 40 days of 24-hour periodic imprisonment, or
7     720 hours of community service, as may be determined by the
8     court. This mandatory term of imprisonment or assignment of
9     community service shall not be suspended or reduced by the
10     court.
11         (3) A person who violates subsection (a) a fourth time
12     is guilty of a Class 2 felony and is not eligible for a
13     sentence of probation or conditional discharge.
14         (4) A person who violates subsection (a) a fifth or
15     subsequent time is guilty of a Class 1 felony and is not
16     eligible for a sentence of probation or conditional
17     discharge.
18     (c-2) (Blank).
19     (c-3) (Blank).
20     (c-4) (Blank).
21     (c-5) A person who violates subsection (a), if the person
22 was transporting a person under the age of 16 at the time of
23 the violation, is subject to an additional mandatory minimum
24 fine of $1,000, an additional mandatory minimum 140 hours of
25 community service, which shall include 40 hours of community
26 service in a program benefiting children, and an additional 2

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 16 or while the alcohol concentration in his or her blood,
2 breath, or urine was 0.16 or more based on the definition of
3 blood, breath, or urine units in Section 11-501.2, is guilty of
4 a Class 2 felony and is not eligible for a sentence of
5 probation or conditional discharge and is subject to a minimum
6 fine of $2,500.
7     (d) (1) Every person convicted of committing a violation of
8     this Section shall be guilty of aggravated driving under
9     the influence of alcohol, other drug or drugs, or
10     intoxicating compound or compounds, or any combination
11     thereof if:
12             (A) the person committed a violation of subsection
13         (a) or a similar provision for the third or subsequent
14         time;
15             (B) the person committed a violation of subsection
16         (a) while driving a school bus with persons 18 years of
17         age or younger on board;
18             (C) the person in committing a violation of
19         subsection (a) was involved in a motor vehicle accident
20         that resulted in great bodily harm or permanent
21         disability or disfigurement to another, when the
22         violation was a proximate cause of the injuries;
23             (D) the person committed a violation of subsection
24         (a) for a second time and has been previously convicted
25         of violating Section 9-3 of the Criminal Code of 1961
26         or a similar provision of a law of another state

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1         (2) A person who violates subsection (a) a third time,
2     if the third violation occurs during a period in which his
3     or her driving privileges are revoked or suspended where
4     the revocation or suspension was for a violation of
5     subsection (a), Section 11-501.1, paragraph (b) of Section
6     11-401, or for reckless homicide as defined in Section 9-3
7     of the Criminal Code of 1961, is guilty of aggravated
8     driving under the influence of alcohol, other drug or
9     drugs, intoxicating compound or compounds, or any
10     combination thereof and is guilty of a Class 3 felony.
11         (2.1) A person who violates subsection (a) a third
12     time, if the third violation occurs during a period in
13     which his or her driving privileges are revoked or
14     suspended where the revocation or suspension was for a
15     violation of subsection (a), Section 11-501.1, subsection
16     (b) of Section 11-401, or for reckless homicide as defined
17     in Section 9-3 of the Criminal Code of 1961, is guilty of
18     aggravated driving under the influence of alcohol, other
19     drug or drugs, intoxicating compound or compounds, or any
20     combination thereof and is guilty of a Class 3 felony; and
21     if the person receives a term of probation or conditional
22     discharge, he or she shall be required to serve a mandatory
23     minimum of 10 days of imprisonment or shall be assigned a
24     mandatory minimum of 480 hours of community service, as may
25     be determined by the court, as a condition of the probation
26     or conditional discharge. This mandatory minimum term of

 

 

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1     imprisonment or assignment of community service shall not
2     be suspended or 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, is guilty of aggravated driving
8     under the influence of alcohol, other drug or drugs,
9     intoxicating compound or compounds, or any combination
10     thereof and shall also be sentenced to an additional
11     mandatory minimum term of 30 consecutive days of
12     imprisonment, 40 days of 24-hour periodic imprisonment, or
13     720 hours of community service, as may be determined by the
14     court. This mandatory term of imprisonment or assignment of
15     community service shall not be suspended or reduced by the
16     court.
17         (3) A person who violates subsection (a) a fourth or
18     subsequent time, if the fourth or subsequent violation
19     occurs during a period in which his or her driving
20     privileges are revoked or suspended where the revocation or
21     suspension was for a violation of subsection (a), Section
22     11-501.1, paragraph (b) of Section 11-401, or for reckless
23     homicide as defined in Section 9-3 of the Criminal Code of
24     1961, is guilty of aggravated driving under the influence
25     of alcohol, other drug or drugs, intoxicating compound or
26     compounds, or any combination thereof and is guilty of a

 

 

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

 

 

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

 

 

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1 children, and a mandatory minimum 30 days of imprisonment. The
2 imprisonment or assignment of community service under this
3 subsection (c-9) is not subject to suspension, nor is the
4 person eligible for a reduced sentence.
5     (c-10) Any person convicted of violating subsection (c-9)
6 or a similar provision a third time within 20 years of a
7 previous violation of subsection (a) or a similar provision is
8 guilty of a Class 4 felony and shall receive, in addition to
9 any other penalty imposed, an additional mandatory 40 hours of
10 community service in a program benefiting children, an
11 additional mandatory fine of $3,000, and a mandatory minimum
12 120 days of imprisonment. The imprisonment or assignment of
13 community service under this subsection (c-10) is not subject
14 to suspension, nor is the person eligible for a reduced
15 sentence.
16     (c-11) Any person convicted a fourth or subsequent time for
17 violating subsection (a) or a similar provision, if at the time
18 of the fourth or subsequent violation the person was
19 transporting a person under the age of 16, and if the person's
20 3 prior violations of subsection (a) or a similar provision
21 occurred while transporting a person under the age of 16 or
22 while the alcohol concentration in his or her blood, breath, or
23 urine was 0.16 or more based on the definition of blood,
24 breath, or urine units in Section 11-501.2, is guilty of a
25 Class 2 felony, is not eligible for probation or conditional
26 discharge, and is subject to a minimum fine of $3,000.

 

 

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

 

 

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

 

 

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

 

 

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1             (F) the person, in committing a violation of
2         subsection (a), was involved in a motor vehicle,
3         snowmobile, all-terrain vehicle, or watercraft
4         accident that resulted in the death of another person,
5         when the violation of subsection (a) was a proximate
6         cause of the death;
7             (G) the person committed the violation while he or
8         she did not possess a driver's license or permit or a
9         restricted driving permit or a judicial driving
10         permit; or
11             (H) the person committed the violation while he or
12         she knew or should have known that the vehicle he or
13         she was driving was not covered by a liability
14         insurance policy.
15         (2) Except as provided in this paragraph (2) and in
16     paragraphs (2), (2.1), and (3) of subsection (c-1), a
17     person convicted of aggravated driving under the influence
18     of alcohol, other drug or drugs, or intoxicating compound
19     or compounds, or any combination thereof is guilty of a
20     Class 4 felony. For a violation of subparagraph (C) of
21     paragraph (1) of this subsection (d), the defendant, if
22     sentenced to a term of imprisonment, shall be sentenced to
23     not less than one year nor more than 12 years. Aggravated
24     driving under the influence of alcohol, other drug or
25     drugs, or intoxicating compound or compounds, or any
26     combination thereof as defined in subparagraph (F) of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 State. This shall include, but is not limited to, in-car video
2 cameras, radar and laser speed detection devices, and alcohol
3 breath testers. Any moneys received by the Department of State
4 Police under this subsection (f) shall be deposited into the
5 State Police DUI Fund and shall be used to purchase law
6 enforcement equipment that will assist in the prevention of
7 alcohol related criminal violence throughout the State.
8     (g) The Secretary of State Police DUI Fund is created as a
9 special fund in the State treasury. All moneys received by the
10 Secretary of State Police under subsection (f) of this Section
11 shall be deposited into the Secretary of State Police DUI Fund
12 and, subject to appropriation, shall be used to purchase law
13 enforcement equipment to assist in the prevention of alcohol
14 related criminal violence throughout the State.
15     (h) Whenever an individual is sentenced for an offense
16 based upon an arrest for a violation of Section 11-501 or a
17 similar provision of a local ordinance, and the professional
18 evaluation recommends remedial or rehabilitative treatment or
19 education, neither the treatment nor the education shall be the
20 sole disposition and either or both may be imposed only in
21 conjunction with another disposition. The court shall monitor
22 compliance with any remedial education or treatment
23 recommendations contained in the professional evaluation.
24 Programs conducting alcohol or other drug evaluation or
25 remedial education must be licensed by the Department of Human
26 Services. If the individual is not a resident of Illinois,

 

 

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1 however, the court may accept an alcohol or other drug
2 evaluation or remedial education program in the individual's
3 state of residence. Programs providing treatment must be
4 licensed under existing applicable alcoholism and drug
5 treatment licensure standards.
6     (i) In addition to any other fine or penalty required by
7 law, an individual convicted of a violation of Section 11-501,
8 Section 5-7 of the Snowmobile Registration and Safety Act,
9 Section 5-16 of the Boat Registration and Safety Act, or a
10 similar provision, whose operation of a motor vehicle,
11 snowmobile, or watercraft while in violation of Section 11-501,
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 proximately caused an incident resulting in
15 an appropriate emergency response, shall be required to make
16 restitution to a public agency for the costs of that emergency
17 response. The restitution may not exceed $1,000 per public
18 agency for each emergency response. As used in this subsection
19 (i), "emergency response" means any incident requiring a
20 response by a police officer, a firefighter carried on the
21 rolls of a regularly constituted fire department, or an
22 ambulance.
 
23     Section 10. If and only if Senate Bill 300 of the 95th
24 General Assembly becomes law and the changes to Section 6-206.1
25 of the Illinois Vehicle Code in that bill become law in the

 

 

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1 form in which they appear in House Amendment No. 1 to that
2 bill, the Illinois Vehicle Code is amended by changing Section
3 6-206.1 as follows:
 
4     (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
5     Sec. 6-206.1. Monitoring Device Driving Permit.
6 Declaration of Policy. It is hereby declared a policy of the
7 State of Illinois that the driver who is impaired by alcohol,
8 other drug or drugs, or intoxicating compound or compounds is a
9 threat to the public safety and welfare. Therefore, to provide
10 a deterrent to such practice and to remove problem drivers from
11 the highway, a statutory summary driver's license suspension is
12 appropriate. It is also recognized that driving is a privilege
13 and therefore, that the granting of driving privileges, in a
14 manner consistent with public safety, is warranted during the
15 period of suspension in the form of a monitoring device driving
16 permit. A person who drives and fails to comply with the
17 requirements of the monitoring device driving permit commits a
18 violation of Section 6-303 of this Code.
19     The following procedures shall apply whenever a first
20 offender is arrested for any offense as defined in Section
21 11-501 or a similar provision of a local ordinance:
22     (a) Subsequent to a notification of a statutory summary
23 suspension of driving privileges as provided in Section
24 11-501.1, the court, after informing the first offender, as
25 defined in Section 11-500, of his or her right to a monitoring

 

 

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1 device driving permit, hereinafter referred to as a MDDP, and
2 of the obligations of the MDDP, shall enter an order directing
3 the Secretary of State to issue a MDDP to the offender, unless
4 the offender has opted, in writing, not to have a MDDP issued.
5 However, the court shall not enter the order directing the
6 Secretary of State to issue the MDDP, if the court finds:
7         (1) The offender's driver's license is otherwise
8     invalid valid;
9         (2) Death No death or great bodily harm resulted from
10     the arrest for Section 11-501;
11         (3) That the offender has not been previously convicted
12     of reckless homicide; or and
13         (4) That the offender is not less than 18 years of age.
14 Any court order for a MDDP shall order the person to pay the
15 Secretary of State a MDDP Administration Fee an amount not to
16 exceed $30 per month. The Secretary shall establish by rule the
17 amount and the procedures, terms, and conditions relating to
18 these fees. The order shall further specify that the offender
19 must have an ignition interlock device installed within 14 days
20 of the date the Secretary issues the MDDP, and shall specify
21 the vehicle in which the device is to be installed. The
22 ignition interlock device provider must notify the Secretary,
23 in a manner and form prescribed by the Secretary, of the
24 installation. If the Secretary does not receive notice of
25 installation, the Secretary shall cancel the MDDP.
26 A MDDP shall not become effective prior to the 31st day of the

 

 

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1 original statutory summary suspension.
2     (a-1) A person issued a MDDP may drive for any purpose and
3 at any time, subject to the rules adopted by the Secretary of
4 State under subsection (g). The person must, at his or her own
5 expense, drive only vehicles equipped with an ignition
6 interlock device as defined in Section 1-129.1, but in no event
7 shall such person drive a commercial motor vehicle.
8     (a-2) Persons who are issued a MDDP and must drive
9 employer-owned vehicles in the course of their employment
10 duties may seek permission from the court to drive an
11 employer-owned vehicle that does not have an ignition interlock
12 device. The employee shall provide to the court a form,
13 prescribed by the Secretary of State, completed by the employer
14 verifying that the employee must drive an employer-owned
15 vehicle in the course of employment. If approved by the court,
16 the form must be file stamped and must be in the driver's
17 possession while operating an employer-owner vehicle not
18 equipped with an ignition interlock device. No person may use
19 this exemption to drive a school bus, school vehicle, or a
20 vehicle designed to transport more than 15 passengers. No
21 person may use this exemption to drive an employer-owned motor
22 vehicle that is owned by an entity that is wholly or partially
23 owned by the person holding the MDDP, or by an family member of
24 the person holding the MDDP. No person may use this exemption
25 to drive an employer-owned vehicle that is made available to
26 the employee for personal use. No person may drive the exempted

 

 

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1 vehicle more than 12 hours per day, 6 days per week.
2     (b) (Blank).
3     (c) (Blank).
4     (c-1)
5 If the person is issued a citation for a violation of Section
6 6-303 or a violation of Section 11-501 or a similar provision
7 of a local ordinance or a similar out of state offense during
8 the term of the MDDP, the officer issuing the citation, or the
9 law enforcement agency employing that officer, shall
10 confiscate the MDDP and immediately send the MDDP and notice of
11 the citation to the court that ordered the issuance of the
12 MDDP. Within 10 days of receipt, the issuing court, upon notice
13 to the person, shall conduct a hearing to consider cancellation
14 of the MDDP. If the court enters an order of cancellation, the
15 court shall forward the order to the Secretary of State, and
16 the Secretary shall cancel the MDDP and notify the person of
17 the cancellation. If, however, the person is convicted of the
18 offense before the MDDP has been cancelled, the court of venue
19 shall send notice of conviction to the court that ordered
20 issuance of the MDDP. The court receiving the notice shall
21 immediately enter an order of cancellation and forward the
22 order to the Secretary of State. The Secretary shall cancel the
23 MDDP JDP and notify the person of the cancellation.
24     If the person is issued a citation for any other traffic
25 related offense during the term of the MDDP, the officer
26 issuing the citation, or the law enforcement agency employing

 

 

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1 that officer, shall send notice of the citation to the court
2 that ordered issuance of the MDDP. Upon receipt and notice to
3 the person and an opportunity for a hearing, the court shall
4 determine whether the violation constitutes grounds for
5 cancellation of the MDDP. If the court enters an order of
6 cancellation, the court shall forward the order to the
7 Secretary of State, and the Secretary shall cancel the MDDP and
8 shall notify the person of the cancellation.
9     (c-5) If the court determines that the person seeking the
10 MDDP is indigent, the court shall provide the person with a
11 written document, in a form prescribed by the Secretary of
12 State, as evidence of that determination, and the person shall
13 provide that written document to an ignition interlock device
14 provider. The provider shall install an ignition interlock
15 device on that person's vehicle without charge to the person,
16 and seek reimbursement from the Indigent BAIID Fund.
17     (d) The Secretary of State shall, upon receiving a court
18 order from the court of venue, issue a MDDP to a person who
19 applies under this Section. Such court order form shall also
20 contain a notification, which shall be sent to the Secretary of
21 State, providing the name, driver's license number and legal
22 address of the applicant. This information shall be available
23 only to the courts, police officers, and the Secretary of
24 State, except during the actual period the MDDP is valid,
25 during which time it shall be a public record. The Secretary of
26 State shall design and furnish to the courts an official court

 

 

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1 order form to be used by the courts when directing the
2 Secretary of State to issue a MDDP.
3     Any submitted court order that contains insufficient data
4 or fails to comply with this Code shall not be utilized for
5 MDDP issuance or entered to the driver record but shall be
6 returned to the issuing court indicating why the MDDP cannot be
7 so entered. A notice of this action shall also be sent to the
8 MDDP applicant by the Secretary of State.
9     (e) (Blank).
10     (f) (Blank).
11     (g) The Secretary of State shall adopt rules for
12 implementing this Section. The rules adopted shall address
13 issues including, but not limited to: compliance with the
14 requirements of the MDDP; methods for determining compliance
15 with those requirements; the consequences of noncompliance
16 with those requirements; what constitutes a violation of the
17 MDDP; and the duties of a person or entity that supplies the
18 ignition interlock device.
19     (h) The rules adopted under subsection (g) shall provide,
20 at a minimum, that the person is not in compliance with the
21 requirements of the MDDP if he or she:
22         (1) tampers or attempts to tamper with or circumvent
23     the proper operation of the ignition interlock device;
24         (2) provides valid breath samples that register blood
25     alcohol levels in excess of the number of times allowed
26     under the rules;

 

 

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1         (3) fails to provide evidence sufficient to satisfy the
2     Secretary that the ignition interlock device has been
3     installed in the designated vehicle or vehicles; or
4         (4) fails to follow any other applicable rules adopted
5     by the Secretary.
6     (i) Any person or entity that supplies an ignition
7 interlock device as provided under this Section shall, in
8 addition to supplying only those devices which fully comply
9 with all the rules adopted under subsection (g), provide the
10 Secretary, within 7 days of inspection, all monitoring reports
11 of each person who has had an ignition interlock device
12 installed. These reports shall be furnished in a manner or form
13 as prescribed by the Secretary.
14     (j) Upon making a determination that a violation of the
15 requirements of the MDDP has occurred, the Secretary shall
16 extend the summary suspension period for an additional 3 months
17 beyond the originally imposed summary suspension period,
18 during which time the person shall only be allowed to drive
19 vehicles equipped with an ignition interlock device; provided
20 further there are no limitations on the number of times the
21 summary suspension may be extended. Any person whose summary
22 suspension is extended pursuant to this Section shall have the
23 right to contest the extension through an administrative
24 hearing with the Secretary. If the summary suspension has
25 already terminated prior to the Secretary receiving the
26 monitoring report that shows a violation, the Secretary shall

 

 

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1 be authorized to suspend the person's driving privileges for 3
2 months. The only permit the person shall be eligible for during
3 this new suspension period is a MDDP.
4     (k) A person who has had his or her summary suspension
5 extended for the third time shall have his or her vehicle
6 impounded for a period of 30 days, at the person's own expense.
7 A person who has his or her summary suspension extended for the
8 fourth time shall have his or her vehicle subject to seizure
9 and forfeiture. The Secretary shall notify the prosecuting
10 authority of any third or fourth extensions. Upon receipt of
11 the notification, the prosecuting authority shall impound or
12 forfeit the vehicle.
13     (l) A person whose driving privileges have been suspended
14 under Section 11-501.1 of this Code and who had a MDDP that was
15 cancelled pursuant to subsection (c-1) of this Section, shall
16 not be eligible for reinstatement when the summary suspension
17 is scheduled to terminate, but instead shall be eligible only
18 to apply for a restricted driving permit. If a restricted
19 driving permit is granted, the offender may only operate
20 vehicles equipped with an ignition interlock device, for a
21 period of not less than twice the original summary suspension
22 period.
23     (m) Any person or entity that supplies an ignition
24 interlock device under this Section shall, for each ignition
25 interlock device installed, pay 5% of the total gross revenue
26 received for the device into the Indigent BAIID Fund. This 5%

 

 

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1 shall be clearly indicated as a separate surcharge on each
2 invoice that is issued. The Secretary shall conduct an annual
3 review of the fund to determine whether the surcharge is
4 sufficient to provide for indigent users. The Secretary may
5 increase of decrease this surcharge requirement as needed.
6     (n) Any person or entity that supplies an ignition
7 interlock device under this Section that is requested to
8 provide an ignition interlock device to a person who presents
9 written documentation of indigency from the court, as provided
10 in subsection (c-5) of this Section, shall install the device
11 on the person's vehicle without charge to the person and shall
12 seek reimbursement from the Indigent BAIID Fund.
13     (o) The Indigent BAIID Fund is created as a special fund in
14 the State treasury. The Secretary of State shall, subject to
15 appropriation by the General Assembly, use all money in the
16 Indigent BAIID Fund to reimburse ignition interlock device
17 providers who have installed devices in vehicles of indigent
18 persons pursuant to court orders issued under this Section. The
19 Secretary shall make payments to such providers every 3 months.
20 If the amount of money in the fund at the time payments are
21 made is not sufficient to pay all requests for reimbursement
22 submitted during that 3 month period, the Secretary shall make
23 payments on a pro-rata basis, and those payments shall be
24 considered payment in full for the requests submitted.
25     (p) The Monitoring Device Driving Permit Administration
26 Fee Fund is created as a special fund in the State treasury.

 

 

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1 The Secretary of State shall, subject to appropriation by the
2 General Assembly, use the money paid into this fund to offset
3 its administrative costs for administering MDDPs.
4 (Source: P.A. 94-307, eff. 9-30-05; 94-357, eff. 1-1-06;
5 94-930, eff. 6-26-06; 09500SB0300ham001.)
 
6     Section 15. The Unified Code of Corrections is amended by
7 changing Sections 5-6-3 and 5-8-7 as follows:
 
8     (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
9     Sec. 5-6-3. Conditions of Probation and of Conditional
10 Discharge.
11     (a) The conditions of probation and of conditional
12 discharge shall be that the person:
13         (1) not violate any criminal statute of any
14     jurisdiction;
15         (2) report to or appear in person before such person or
16     agency as directed by the court;
17         (3) refrain from possessing a firearm or other
18     dangerous weapon;
19         (4) not leave the State without the consent of the
20     court or, in circumstances in which the reason for the
21     absence is of such an emergency nature that prior consent
22     by the court is not possible, without the prior
23     notification and approval of the person's probation
24     officer. Transfer of a person's probation or conditional

 

 

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1     discharge supervision to another state is subject to
2     acceptance by the other state pursuant to the Interstate
3     Compact for Adult Offender Supervision;
4         (5) permit the probation officer to visit him at his
5     home or elsewhere to the extent necessary to discharge his
6     duties;
7         (6) perform no less than 30 hours of community service
8     and not more than 120 hours of community service, if
9     community service is available in the jurisdiction and is
10     funded and approved by the county board where the offense
11     was committed, where the offense was related to or in
12     furtherance of the criminal activities of an organized gang
13     and was motivated by the offender's membership in or
14     allegiance to an organized gang. The community service
15     shall include, but not be limited to, the cleanup and
16     repair of any damage caused by a violation of Section
17     21-1.3 of the Criminal Code of 1961 and similar damage to
18     property located within the municipality or county in which
19     the violation occurred. When possible and reasonable, the
20     community service should be performed in the offender's
21     neighborhood. For purposes of this Section, "organized
22     gang" has the meaning ascribed to it in Section 10 of the
23     Illinois Streetgang Terrorism Omnibus Prevention Act;
24         (7) if he or she is at least 17 years of age and has
25     been sentenced to probation or conditional discharge for a
26     misdemeanor or felony in a county of 3,000,000 or more

 

 

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1     inhabitants and has not been previously convicted of a
2     misdemeanor or felony, may be required by the sentencing
3     court to attend educational courses designed to prepare the
4     defendant for a high school diploma and to work toward a
5     high school diploma or to work toward passing the high
6     school level Test of General Educational Development (GED)
7     or to work toward completing a vocational training program
8     approved by the court. The person on probation or
9     conditional discharge must attend a public institution of
10     education to obtain the educational or vocational training
11     required by this clause (7). The court shall revoke the
12     probation or conditional discharge of a person who wilfully
13     fails to comply with this clause (7). The person on
14     probation or conditional discharge shall be required to pay
15     for the cost of the educational courses or GED test, if a
16     fee is charged for those courses or test. The court shall
17     resentence the offender whose probation or conditional
18     discharge has been revoked as provided in Section 5-6-4.
19     This clause (7) does not apply to a person who has a high
20     school diploma or has successfully passed the GED test.
21     This clause (7) does not apply to a person who is
22     determined by the court to be developmentally disabled or
23     otherwise mentally incapable of completing the educational
24     or vocational program;
25         (8) if convicted of possession of a substance
26     prohibited by the Cannabis Control Act, the Illinois

 

 

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1     Controlled Substances Act, or the Methamphetamine Control
2     and Community Protection Act after a previous conviction or
3     disposition of supervision for possession of a substance
4     prohibited by the Cannabis Control Act or Illinois
5     Controlled Substances Act or after a sentence of probation
6     under Section 10 of the Cannabis Control Act, Section 410
7     of the Illinois Controlled Substances Act, or Section 70 of
8     the Methamphetamine Control and Community Protection Act
9     and upon a finding by the court that the person is
10     addicted, undergo treatment at a substance abuse program
11     approved by the court;
12         (8.5) if convicted of a felony sex offense as defined
13     in the Sex Offender Management Board Act, the person shall
14     undergo and successfully complete sex offender treatment
15     by a treatment provider approved by the Board and conducted
16     in conformance with the standards developed under the Sex
17     Offender Management Board Act;
18         (8.6) if convicted of a sex offense as defined in the
19     Sex Offender Management Board Act, refrain from residing at
20     the same address or in the same condominium unit or
21     apartment unit or in the same condominium complex or
22     apartment complex with another person he or she knows or
23     reasonably should know is a convicted sex offender or has
24     been placed on supervision for a sex offense; the
25     provisions of this paragraph do not apply to a person
26     convicted of a sex offense who is placed in a Department of

 

 

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1     Corrections licensed transitional housing facility for sex
2     offenders; and
3         (9) if convicted of a felony, physically surrender at a
4     time and place designated by the court, his or her Firearm
5     Owner's Identification Card and any and all firearms in his
6     or her possession; and
7         (10) if convicted of a sex offense as defined in
8     subsection (a-5) of Section 3-1-2 of this Code, unless the
9     offender is a parent or guardian of the person under 18
10     years of age present in the home and no non-familial minors
11     are present, not participate in a holiday event involving
12     children under 18 years of age, such as distributing candy
13     or other items to children on Halloween, wearing a Santa
14     Claus costume on or preceding Christmas, being employed as
15     a department store Santa Claus, or wearing an Easter Bunny
16     costume on or preceding Easter.
17     (b) The Court may in addition to other reasonable
18 conditions relating to the nature of the offense or the
19 rehabilitation of the defendant as determined for each
20 defendant in the proper discretion of the Court require that
21 the person:
22         (1) serve a term of periodic imprisonment under Article
23     7 for a period not to exceed that specified in paragraph
24     (d) of Section 5-7-1;
25         (2) pay a fine and costs;
26         (3) work or pursue a course of study or vocational

 

 

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1     training;
2         (4) undergo medical, psychological or psychiatric
3     treatment; or treatment for drug addiction or alcoholism;
4         (5) attend or reside in a facility established for the
5     instruction or residence of defendants on probation;
6         (6) support his dependents;
7         (7) and in addition, if a minor:
8             (i) reside with his parents or in a foster home;
9             (ii) attend school;
10             (iii) attend a non-residential program for youth;
11             (iv) contribute to his own support at home or in a
12         foster home;
13             (v) with the consent of the superintendent of the
14         facility, attend an educational program at a facility
15         other than the school in which the offense was
16         committed if he or she is convicted of a crime of
17         violence as defined in Section 2 of the Crime Victims
18         Compensation Act committed in a school, on the real
19         property comprising a school, or within 1,000 feet of
20         the real property comprising a school;
21         (8) make restitution as provided in Section 5-5-6 of
22     this Code;
23         (9) perform some reasonable public or community
24     service;
25         (10) serve a term of home confinement. In addition to
26     any other applicable condition of probation or conditional

 

 

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1     discharge, the conditions of home confinement shall be that
2     the offender:
3             (i) remain within the interior premises of the
4         place designated for his confinement during the hours
5         designated by the court;
6             (ii) admit any person or agent designated by the
7         court into the offender's place of confinement at any
8         time for purposes of verifying the offender's
9         compliance with the conditions of his confinement; and
10             (iii) if further deemed necessary by the court or
11         the Probation or Court Services Department, be placed
12         on an approved electronic monitoring device, subject
13         to Article 8A of Chapter V;
14             (iv) for persons convicted of any alcohol,
15         cannabis or controlled substance violation who are
16         placed on an approved monitoring device as a condition
17         of probation or conditional discharge, the court shall
18         impose a reasonable fee for each day of the use of the
19         device, as established by the county board in
20         subsection (g) of this Section, unless after
21         determining the inability of the offender to pay the
22         fee, the court assesses a lesser fee or no fee as the
23         case may be. This fee shall be imposed in addition to
24         the fees imposed under subsections (g) and (i) of this
25         Section. The fee shall be collected by the clerk of the
26         circuit court. The clerk of the circuit court shall pay

 

 

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1         all monies collected from this fee to the county
2         treasurer for deposit in the substance abuse services
3         fund under Section 5-1086.1 of the Counties Code; and
4             (v) for persons convicted of offenses other than
5         those referenced in clause (iv) above and who are
6         placed on an approved monitoring device as a condition
7         of probation or conditional discharge, the court shall
8         impose a reasonable fee for each day of the use of the
9         device, as established by the county board in
10         subsection (g) of this Section, unless after
11         determining the inability of the defendant to pay the
12         fee, the court assesses a lesser fee or no fee as the
13         case may be. This fee shall be imposed in addition to
14         the fees imposed under subsections (g) and (i) of this
15         Section. The fee shall be collected by the clerk of the
16         circuit court. The clerk of the circuit court shall pay
17         all monies collected from this fee to the county
18         treasurer who shall use the monies collected to defray
19         the costs of corrections. The county treasurer shall
20         deposit the fee collected in the county working cash
21         fund under Section 6-27001 or Section 6-29002 of the
22         Counties Code, as the case may be.
23         (11) comply with the terms and conditions of an order
24     of protection issued by the court pursuant to the Illinois
25     Domestic Violence Act of 1986, as now or hereafter amended,
26     or an order of protection issued by the court of another

 

 

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1     state, tribe, or United States territory. A copy of the
2     order of protection shall be transmitted to the probation
3     officer or agency having responsibility for the case;
4         (12) reimburse any "local anti-crime program" as
5     defined in Section 7 of the Anti-Crime Advisory Council Act
6     for any reasonable expenses incurred by the program on the
7     offender's case, not to exceed the maximum amount of the
8     fine authorized for the offense for which the defendant was
9     sentenced;
10         (13) contribute a reasonable sum of money, not to
11     exceed the maximum amount of the fine authorized for the
12     offense for which the defendant was sentenced, to a "local
13     anti-crime program", as defined in Section 7 of the
14     Anti-Crime Advisory Council Act;
15         (14) refrain from entering into a designated
16     geographic area except upon such terms as the court finds
17     appropriate. Such terms may include consideration of the
18     purpose of the entry, the time of day, other persons
19     accompanying the defendant, and advance approval by a
20     probation officer, if the defendant has been placed on
21     probation or advance approval by the court, if the
22     defendant was placed on conditional discharge;
23         (15) refrain from having any contact, directly or
24     indirectly, with certain specified persons or particular
25     types of persons, including but not limited to members of
26     street gangs and drug users or dealers;

 

 

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1         (16) refrain from having in his or her body the
2     presence of any illicit drug prohibited by the Cannabis
3     Control Act, the Illinois Controlled Substances Act, or the
4     Methamphetamine Control and Community Protection Act,
5     unless prescribed by a physician, and submit samples of his
6     or her blood or urine or both for tests to determine the
7     presence of any illicit drug.
8     (c) The court may as a condition of probation or of
9 conditional discharge require that a person under 18 years of
10 age found guilty of any alcohol, cannabis or controlled
11 substance violation, refrain from acquiring a driver's license
12 during the period of probation or conditional discharge. If
13 such person is in possession of a permit or license, the court
14 may require that the minor refrain from driving or operating
15 any motor vehicle during the period of probation or conditional
16 discharge, except as may be necessary in the course of the
17 minor's lawful employment.
18     (d) An offender sentenced to probation or to conditional
19 discharge shall be given a certificate setting forth the
20 conditions thereof.
21     (e) Except where the offender has committed a fourth or
22 subsequent violation of subsection (c) of Section 6-303 of the
23 Illinois Vehicle Code, the court shall not require as a
24 condition of the sentence of probation or conditional discharge
25 that the offender be committed to a period of imprisonment in
26 excess of 6 months. This 6 month limit shall not include

 

 

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1 periods of confinement given pursuant to a sentence of county
2 impact incarceration under Section 5-8-1.2. This 6 month limit
3 does not apply to a person sentenced to probation as a result
4 of a conviction of a fourth or subsequent violation of
5 subsection (c-4) of Section 11-501 of the Illinois Vehicle Code
6 or a similar provision of a local ordinance.
7     Persons committed to imprisonment as a condition of
8 probation or conditional discharge shall not be committed to
9 the Department of Corrections.
10     (f) The court may combine a sentence of periodic
11 imprisonment under Article 7 or a sentence to a county impact
12 incarceration program under Article 8 with a sentence of
13 probation or conditional discharge.
14     (g) An offender sentenced to probation or to conditional
15 discharge and who during the term of either undergoes mandatory
16 drug or alcohol testing, or both, or is assigned to be placed
17 on an approved electronic monitoring device, shall be ordered
18 to pay all costs incidental to such mandatory drug or alcohol
19 testing, or both, and all costs incidental to such approved
20 electronic monitoring in accordance with the defendant's
21 ability to pay those costs. The county board with the
22 concurrence of the Chief Judge of the judicial circuit in which
23 the county is located shall establish reasonable fees for the
24 cost of maintenance, testing, and incidental expenses related
25 to the mandatory drug or alcohol testing, or both, and all
26 costs incidental to approved electronic monitoring, involved

 

 

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1 in a successful probation program for the county. The
2 concurrence of the Chief Judge shall be in the form of an
3 administrative order. The fees shall be collected by the clerk
4 of the circuit court. The clerk of the circuit court shall pay
5 all moneys collected from these fees to the county treasurer
6 who shall use the moneys collected to defray the costs of drug
7 testing, alcohol testing, and electronic monitoring. The
8 county treasurer shall deposit the fees collected in the county
9 working cash fund under Section 6-27001 or Section 6-29002 of
10 the Counties Code, as the case may be.
11     (h) Jurisdiction over an offender may be transferred from
12 the sentencing court to the court of another circuit with the
13 concurrence of both courts. Further transfers or retransfers of
14 jurisdiction are also authorized in the same manner. The court
15 to which jurisdiction has been transferred shall have the same
16 powers as the sentencing court.
17     (i) The court shall impose upon an offender sentenced to
18 probation after January 1, 1989 or to conditional discharge
19 after January 1, 1992 or to community service under the
20 supervision of a probation or court services department after
21 January 1, 2004, as a condition of such probation or
22 conditional discharge or supervised community service, a fee of
23 $50 for each month of probation or conditional discharge
24 supervision or supervised community service ordered by the
25 court, unless after determining the inability of the person
26 sentenced to probation or conditional discharge or supervised

 

 

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1 community service to pay the fee, the court assesses a lesser
2 fee. The court may not impose the fee on a minor who is made a
3 ward of the State under the Juvenile Court Act of 1987 while
4 the minor is in placement. The fee shall be imposed only upon
5 an offender who is actively supervised by the probation and
6 court services department. The fee shall be collected by the
7 clerk of the circuit court. The clerk of the circuit court
8 shall pay all monies collected from this fee to the county
9 treasurer for deposit in the probation and court services fund
10 under Section 15.1 of the Probation and Probation Officers Act.
11     A circuit court may not impose a probation fee under this
12 subsection (i) in excess of $25 per month unless: (1) the
13 circuit court has adopted, by administrative order issued by
14 the chief judge, a standard probation fee guide determining an
15 offender's ability to pay, under guidelines developed by the
16 Administrative Office of the Illinois Courts; and (2) the
17 circuit court has authorized, by administrative order issued by
18 the chief judge, the creation of a Crime Victim's Services
19 Fund, to be administered by the Chief Judge or his or her
20 designee, for services to crime victims and their families. Of
21 the amount collected as a probation fee, up to $5 of that fee
22 collected per month may be used to provide services to crime
23 victims and their families.
24     This amendatory Act of the 93rd General Assembly deletes
25 the $10 increase in the fee under this subsection that was
26 imposed by Public Act 93-616. This deletion is intended to

 

 

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1 control over any other Act of the 93rd General Assembly that
2 retains or incorporates that fee increase.
3     (i-5) In addition to the fees imposed under subsection (i)
4 of this Section, in the case of an offender convicted of a
5 felony sex offense (as defined in the Sex Offender Management
6 Board Act) or an offense that the court or probation department
7 has determined to be sexually motivated (as defined in the Sex
8 Offender Management Board Act), the court or the probation
9 department shall assess additional fees to pay for all costs of
10 treatment, assessment, evaluation for risk and treatment, and
11 monitoring the offender, based on that offender's ability to
12 pay those costs either as they occur or under a payment plan.
13     (j) All fines and costs imposed under this Section for any
14 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
15 Code, or a similar provision of a local ordinance, and any
16 violation of the Child Passenger Protection Act, or a similar
17 provision of a local ordinance, shall be collected and
18 disbursed by the circuit clerk as provided under Section 27.5
19 of the Clerks of Courts Act.
20     (k) Any offender who is sentenced to probation or
21 conditional discharge for a felony sex offense as defined in
22 the Sex Offender Management Board Act or any offense that the
23 court or probation department has determined to be sexually
24 motivated as defined in the Sex Offender Management Board Act
25 shall be required to refrain from any contact, directly or
26 indirectly, with any persons specified by the court and shall

 

 

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1 be available for all evaluations and treatment programs
2 required by the court or the probation department.
3 (Source: P.A. 93-475, eff. 8-8-03; 93-616, eff. 1-1-04; 93-970,
4 eff. 8-20-04; 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
5 94-556, eff. 9-11-05; revised 8-19-05.)
 
6     (730 ILCS 5/5-8-7)  (from Ch. 38, par. 1005-8-7)
7     Sec. 5-8-7. Calculation of Term of Imprisonment.
8     (a) A sentence of imprisonment shall commence on the date
9 on which the offender is received by the Department or the
10 institution at which the sentence is to be served.
11     (b) The offender shall be given credit on the determinate
12 sentence or maximum term and the minimum period of imprisonment
13 for time spent in custody as a result of the offense for which
14 the sentence was imposed, at the rate specified in Section
15 3-6-3 of this Code. Except when prohibited by subsection (d),
16 the trial court may give credit to the defendant for time spent
17 in home detention, or when the defendant has been confined for
18 psychiatric or substance abuse treatment prior to judgment, if
19 the court finds that the detention or confinement was
20 custodial.
21     (c) An offender arrested on one charge and prosecuted on
22 another charge for conduct which occurred prior to his arrest
23 shall be given credit on the determinate sentence or maximum
24 term and the minimum term of imprisonment for time spent in
25 custody under the former charge not credited against another

 

 

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1 sentence.
2     (d) An offender sentenced to a term of imprisonment for an
3 offense listed in paragraph (2) of subsection (c) of Section
4 5-5-3 of this Code, or for an offense listed in subdivision
5 (d)(2)(c) in paragraph (3) of subsection (c-1) of Section
6 11-501 of the Illinois Vehicle Code that was committed while
7 the offender's driving privileges were revoked or suspended as
8 provided in subdivision (d)(1)(G) of that Section, shall not
9 receive credit for time spent in home detention prior to
10 judgment.
11 (Source: P.A. 93-800, eff. 1-1-05.)
 
12     Section 99. Effective date. Section 10 of this Act takes
13 effect on January 1, 2009.