Illinois General Assembly - Bill Status for HB2555

Amends the Illinois Vehicle Code. Removes from the DUI offense operating a motor vehicle with any amount of an illegal drug in a person's system and makes it a separate Class B misdemeanor for a first offense and a Class A misdemeanor for subsequent offenses. Removes offense from implied consent for chemical testing for a suspected violation, statutory summary suspension for test refusal, driver's license suspension for conviction, and mandatory penalties for a second violation. Also removes offense from aggravated DUI. Makes corresponding changes to the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act for OUI. Amends the Criminal Identification Act. Provides that policing bodies shall report arrests for the offense to the Department of State Police. Amends the Unified Code of Corrections. Provides that offenders may be charged laboratory fees and required to undergo a professional evaluation to determine the presence and extent of substance abuse problems.

Replaces everything after the enacting clause. Retains provisions of the bill, and adds a provision concerning sentences of probation and of conditional discharge and disposition of supervision in the Unified Code of Corrections. Provides that a provision allowing a court to, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, defer further proceedings and the imposition of a sentence, and enter an order for supervision of the defendant, does not apply to a defendant charged with driving with unlawful drugs in his or her blood, breath, or urine under the Illinois Vehicle Code or a similar provision of a local ordinance when the defendant has previously been convicted or assigned supervision for a violation of driving with unlawful drugs in his or her blood, breath, or urine.

Replaces everything after the enacting clause. Amends Illinois Vehicle Code, Snowmobile Registration and Safety Act, and Boat Registration and Safety Act. Provides that a person shall not drive, operate, or be in actual physical control of any vehicle, snowmobile, or watercraft within this State when the person has, within 2 hours thereof, a tetrahydrocannabinol (THC) concentration in the person's whole blood or other bodily substance of 15 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 25 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance from the unlawful consumption of cannabis (rather than any amount of THC from cannabis). Adds methamphetamine to the operating a snowmobile and watercraft under the influence provisions. Provides that when a person is charged with driving or operating under the influence his or her bodily substance may also be tested for the presence of alcohol or drugs. Requires that an aggravated DUI when the person in committing a violation was involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries, that it does not apply unless the person was impaired at the time of the violation and the impairment was a proximate cause of the injuries. Also requires that aggravated DUI when the person, in committing a violation, was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the violation of subsection (a) was a proximate cause of the death, it does not apply unless the person was impaired at the time of the violation and the impairment was a proximate cause of the death. Provides Department of State Police compliance with the changes in this amendatory Act of the 99th General Assembly concerning testing of other bodily substances and tetrahydrocannabinol concentration by Department of State Police laboratories is subject to appropriation and until the Department of State Police adopt standards and completion validation. Any laboratories that test for the presence of cannabis or other drugs under this Article, the Snowmobile Registration and Safety Act, or the Boat Registration and Safety Act must comply with specified testing standards. Amends various other Acts to make conforming changes.

×