Illinois General Assembly - Full Text of HB1132
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Full Text of HB1132  94th General Assembly

HB1132enr 94TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Section 11-501 as follows:
 
6     (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
7     Sec. 11-501. Driving while under the influence of alcohol,
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
26     compound in the person's breath, blood, or urine resulting
27     from the unlawful use or consumption of cannabis listed in
28     the Cannabis Control Act, a controlled substance listed in
29     the Illinois Controlled Substances Act, or an intoxicating
30     compound listed in the Use of Intoxicating Compounds Act.
31     (b) The fact that any person charged with violating this
32 Section is or has been legally entitled to use alcohol, other

 

 

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1 drug or drugs, or intoxicating compound or compounds, or any
2 combination thereof, shall not constitute a defense against any
3 charge of violating this Section.
4     (b-1) With regard to penalties imposed under this Section:
5         (1) Any reference to a prior violation of subsection
6     (a) or a similar provision includes any violation of a
7     provision of a local ordinance or a provision of a law of
8     another state that is similar to a violation of subsection
9     (a) of this Section.
10         (2) Any penalty imposed for driving with a license that
11     has been revoked for a previous violation of subsection (a)
12     of this Section shall be in addition to the penalty imposed
13     for any subsequent violation of subsection (a).
14     (b-2) Except as otherwise provided in this Section, any
15 person convicted of violating subsection (a) of this Section is
16 guilty of a Class A misdemeanor.
17     (b-3) In addition to any other criminal or administrative
18 sanction for any second conviction of violating subsection (a)
19 or a similar provision committed within 5 years of a previous
20 violation of subsection (a) or a similar provision, the
21 defendant shall be sentenced to a mandatory minimum of 5 days
22 of imprisonment or assigned a mandatory minimum of 240 hours of
23 community service as may be determined by the court.
24     (b-4) In the case of a third or subsequent violation
25 committed within 5 years of a previous violation of subsection
26 (a) or a similar provision, in addition to any other criminal
27 or administrative sanction, a mandatory minimum term of either
28 10 days of imprisonment or 480 hours of community service shall
29 be imposed.
30     (b-5) The imprisonment or assignment of community service
31 under subsections (b-3) and (b-4) shall not be subject to
32 suspension, nor shall the person be eligible for a reduced
33 sentence.
34     (c) (Blank).
35     (c-1) (1) A person who violates subsection (a) during a
36     period in which his or her driving privileges are revoked

 

 

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

 

 

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1     720 hours of community service, as may be determined by the
2     court. This mandatory term of imprisonment or assignment of
3     community service shall not be suspended or reduced by the
4     court.
5         (3) A person who violates subsection (a) a fourth or
6     fifth subsequent time, if the fourth or fifth subsequent
7     violation occurs during a period in which his or her
8     driving privileges are revoked or suspended where the
9     revocation or suspension was for a violation of subsection
10     (a), Section 11-501.1, paragraph (b) of Section 11-401, or
11     for reckless homicide as defined in Section 9-3 of the
12     Criminal Code of 1961, is guilty of a Class 2 felony and is
13     not eligible for a sentence of probation or conditional
14     discharge.
15     (c-2) (Blank).
16     (c-3) (Blank).
17     (c-4) (Blank).
18     (c-5) A person who violates subsection (a), if the person
19 was transporting a person under the age of 16 at the time of
20 the violation, is subject to an additional mandatory minimum
21 fine of $1,000, an additional mandatory minimum 140 hours of
22 community service, which shall include 40 hours of community
23 service in a program benefiting children, and an additional 2
24 days of imprisonment. The imprisonment or assignment of
25 community service under this subsection (c-5) is not subject to
26 suspension, nor is the person eligible for a reduced sentence.
27     (c-6) Except as provided in subsections (c-7) and (c-8) a
28 person who violates subsection (a) a second time, if at the
29 time of the second violation the person was transporting a
30 person under the age of 16, is subject to an additional 10 days
31 of imprisonment, an additional mandatory minimum fine of
32 $1,000, and an additional mandatory minimum 140 hours of
33 community service, which shall include 40 hours of community
34 service in a program benefiting children. The imprisonment or
35 assignment of community service under this subsection (c-6) is
36 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
27 fine of $1,000, an additional mandatory 140 hours of community
28 service, which shall include 40 hours in a program benefiting
29 children, and a mandatory minimum 30 days of imprisonment. The
30 imprisonment or assignment of community service under this
31 subsection (c-9) is not subject to suspension, nor is the
32 person eligible for a reduced sentence.
33     (c-10) Any person convicted of violating subsection (c-9)
34 or a similar provision a third time within 20 years of a
35 previous violation of subsection (a) or a similar provision is
36 guilty of a Class 4 felony and shall receive, in addition to

 

 

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1 any other penalty imposed, an additional mandatory 40 hours of
2 community service in a program benefiting children, an
3 additional mandatory fine of $3,000 $3000, and a mandatory
4 minimum 120 days of imprisonment. The imprisonment or
5 assignment of community service under this subsection (c-10) is
6 not subject to suspension, nor is the person eligible for a
7 reduced sentence.
8     (c-11) Any person convicted a fourth or fifth subsequent
9 time for violating subsection (a) or a similar provision, if at
10 the time of the fourth or fifth subsequent violation the person
11 was transporting a person under the age of 16, and if the
12 person's 3 prior violations of subsection (a) or a similar
13 provision occurred while transporting a person under the age of
14 16 or while the alcohol concentration in his or her blood,
15 breath, or urine was 0.16 or more based on the definition of
16 blood, breath, or urine units in Section 11-501.2, is guilty of
17 a Class 2 felony, is not eligible for probation or conditional
18 discharge, and is subject to a minimum fine of $3,000.
19     (c-12) Any person convicted of a first violation of
20 subsection (a) or a similar provision, if the alcohol
21 concentration in his or her blood, breath, or urine was 0.16 or
22 more based on the definition of blood, breath, or urine units
23 in Section 11-501.2, shall be subject, in addition to any other
24 penalty that may be imposed, to a mandatory minimum of 100
25 hours of community service and a mandatory minimum fine of
26 $500.
27     (c-13) Any person convicted of a second violation of
28 subsection (a) or a similar provision committed within 10 years
29 of a previous violation of subsection (a) or a similar
30 provision committed within 10 years of a previous violation of
31 subsection (a) or a similar provision, if at the time of the
32 second violation of subsection (a) the alcohol concentration in
33 his or her blood, breath, or urine was 0.16 or more based on
34 the definition of blood, breath, or urine units in Section
35 11-501.2, shall be subject, in addition to any other penalty
36 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 fifth subsequent
14 violation of subsection (a) or a similar provision, if at the
15 time of the fourth or fifth 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     (c-16) Any person convicted of a sixth or subsequent
27 violation of subsection (a) is guilty of a Class X felony.
28     (d) (1) Every person convicted of committing a violation of
29     this Section shall be guilty of aggravated driving under
30     the influence of alcohol, other drug or drugs, or
31     intoxicating compound or compounds, or any combination
32     thereof if:
33             (A) the person committed a violation of subsection
34         (a) or a similar provision for the third or subsequent
35         time;
36             (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
27             (F) the person, in committing a violation of
28         subsection (a), was involved in a motor vehicle,
29         snowmobile, all-terrain vehicle, or watercraft
30         accident that resulted in the death of another person,
31         when the violation of subsection (a) was a proximate
32         cause of the death.
33         (2) Except as provided in this paragraph (2), a person
34     convicted of aggravated driving under the influence of
35     alcohol, other drug or drugs, or intoxicating compound or
36     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. Aggravated driving under
5     the influence of alcohol, other drug or drugs, or
6     intoxicating compound or compounds, or any combination
7     thereof as defined in subparagraph (F) of paragraph (1) of
8     this subsection (d) is a Class 2 felony, for which the
9     defendant, if sentenced to a term of imprisonment, shall be
10     sentenced to: (A) a term of imprisonment of not less than 3
11     years and not more than 14 years if the violation resulted
12     in the death of one person; or (B) a term of imprisonment
13     of not less than 6 years and not more than 28 years if the
14     violation resulted in the deaths of 2 or more persons. For
15     any prosecution under this subsection (d), a certified copy
16     of the driving abstract of the defendant shall be admitted
17     as proof of any prior conviction. Any person sentenced
18     under this subsection (d) who receives a term of probation
19     or conditional discharge must serve a minimum term of
20     either 480 hours of community service or 10 days of
21     imprisonment as a condition of the probation or conditional
22     discharge. This mandatory minimum term of imprisonment or
23     assignment of community service may not be suspended or
24     reduced by the court.
25     (e) After a finding of guilt and prior to any final
26 sentencing, or an order for supervision, for an offense based
27 upon an arrest for a violation of this Section or a similar
28 provision of a local ordinance, individuals shall be required
29 to undergo a professional evaluation to determine if an
30 alcohol, drug, or intoxicating compound abuse problem exists
31 and the extent of the problem, and undergo the imposition of
32 treatment as appropriate. Programs conducting these
33 evaluations shall be licensed by the Department of Human
34 Services. The cost of any professional evaluation shall be paid
35 for by the individual required to undergo the professional
36 evaluation.

 

 

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1     (e-1) Any person who is found guilty of or pleads guilty to
2 violating this Section, including any person receiving a
3 disposition of court supervision for violating this Section,
4 may be required by the Court to attend a victim impact panel
5 offered by, or under contract with, a County State's Attorney's
6 office, a probation and court services department, Mothers
7 Against Drunk Driving, or the Alliance Against Intoxicated
8 Motorists. All costs generated by the victim impact panel shall
9 be paid from fees collected from the offender or as may be
10 determined by the court.
11     (f) Every person found guilty of violating this Section,
12 whose operation of a motor vehicle while in violation of this
13 Section proximately caused any incident resulting in an
14 appropriate emergency response, shall be liable for the expense
15 of an emergency response as provided under Section 5-5-3 of the
16 Unified Code of Corrections.
17     (g) The Secretary of State shall revoke the driving
18 privileges of any person convicted under this Section or a
19 similar provision of a local ordinance.
20     (h) (Blank).
21     (i) The Secretary of State shall require the use of
22 ignition interlock devices on all vehicles owned by an
23 individual who has been convicted of a second or subsequent
24 offense of this Section or a similar provision of a local
25 ordinance. The Secretary shall establish by rule and regulation
26 the procedures for certification and use of the interlock
27 system.
28     (j) In addition to any other penalties and liabilities, a
29 person who is found guilty of or pleads guilty to violating
30 subsection (a), including any person placed on court
31 supervision for violating subsection (a), shall be fined $500,
32 payable to the circuit clerk, who shall distribute the money as
33 follows: 20% to the law enforcement agency that made the arrest
34 and 80% shall be forwarded to the State Treasurer for deposit
35 into the General Revenue Fund. If the person has been
36 previously convicted of violating subsection (a) or a similar

 

 

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1 provision of a local ordinance, the fine shall be $1,000. In
2 the event that more than one agency is responsible for the
3 arrest, the amount payable to law enforcement agencies shall be
4 shared equally. Any moneys received by a law enforcement agency
5 under this subsection (j) shall be used to purchase law
6 enforcement equipment that will assist in the prevention of
7 alcohol related criminal violence throughout the State. This
8 shall include, but is not limited to, in-car video cameras,
9 radar and laser speed detection devices, and alcohol breath
10 testers. Any moneys received by the Department of State Police
11 under this subsection (j) shall be deposited into the State
12 Police DUI Fund and shall be used to purchase law enforcement
13 equipment that will assist in the prevention of alcohol related
14 criminal violence throughout the State.
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 to purchase law
20 enforcement equipment to assist in the prevention of alcohol
21 related criminal violence throughout the State.
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
27 sole disposition and either or both may be imposed only in
28 conjunction with another disposition. The court shall monitor
29 compliance with any remedial education or treatment
30 recommendations contained in the professional evaluation.
31 Programs conducting alcohol or other drug evaluation or
32 remedial education must be licensed by the Department of Human
33 Services. If the individual is not a resident of Illinois,
34 however, the court may accept an alcohol or other drug
35 evaluation or remedial education program in the individual's
36 state of residence. Programs providing treatment must be

 

 

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1 licensed under existing applicable alcoholism and drug
2 treatment licensure standards.
3     (m) In addition to any other fine or penalty required by
4 law, an individual convicted of a violation of subsection (a),
5 Section 5-7 of the Snowmobile Registration and Safety Act,
6 Section 5-16 of the Boat Registration and Safety Act, or a
7 similar provision, whose operation of a motor vehicle,
8 snowmobile, or watercraft while in 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 proximately caused an incident resulting in
12 an appropriate emergency response, shall be required to make
13 restitution to a public agency for the costs of that emergency
14 response. The restitution may not exceed $1,000 per public
15 agency for each emergency response. As used in this subsection
16 (m), "emergency response" means any incident requiring a
17 response by a police officer, a firefighter carried on the
18 rolls of a regularly constituted fire department, or an
19 ambulance.
20 (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01;
21 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02;
22 92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff.
23 7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800,
24 eff. 1-1-05; 93-840, eff. 7-30-04; revised 1-13-05.)