Illinois General Assembly - Full Text of SB2980
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Full Text of SB2980  99th General Assembly

SB2980 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2980

 

Introduced 2/18/2016, by Sen. William R. Haine

 

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

    Amends the Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle within this State while there is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the use or consumption of a controlled substance listed in the Illinois Controlled Substances Act in excess of the prescribed amount in the person's prescription for the controlled substance.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-501 as follows:
 
6    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
7    Sec. 11-501. Driving while under the influence of alcohol,
8other drug or drugs, intoxicating compound or compounds or any
9combination thereof.
10    (a) A person shall not drive or be in actual physical
11control of any vehicle within this State while:
12        (1) the alcohol concentration in the person's blood 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

 

 

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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, an intoxicating
7    compound listed in the Use of Intoxicating Compounds Act,
8    or methamphetamine as listed in the Methamphetamine
9    Control and Community Protection Act. Subject to all other
10    requirements and provisions under this Section, this
11    paragraph (6) does not apply to the lawful consumption of
12    cannabis by a qualifying patient licensed under the
13    Compassionate Use of Medical Cannabis Pilot Program Act who
14    is in possession of a valid registry card issued under that
15    Act, unless that person is impaired by the use of cannabis;
16    or .
17        (7) there is any amount of a drug, substance, or
18    compound in the person's breath, blood, or urine resulting
19    from the use or consumption of a controlled substance
20    listed in the Illinois Controlled Substances Act in excess
21    of the prescribed amount in the person's prescription for
22    the controlled substance.
23    (b) The fact that any person charged with violating this
24Section is or has been legally entitled to use alcohol,
25cannabis under the Compassionate Use of Medical Cannabis Pilot
26Program Act, other drug or drugs, or intoxicating compound or

 

 

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1compounds, or any combination thereof, shall not constitute a
2defense against any charge of violating this Section.
3    (c) Penalties.
4        (1) Except as otherwise provided in this Section, any
5    person convicted of violating subsection (a) of this
6    Section is guilty of a Class A misdemeanor.
7        (2) A person who violates subsection (a) or a similar
8    provision a second time shall be sentenced to a mandatory
9    minimum term of either 5 days of imprisonment or 240 hours
10    of community service in addition to any other criminal or
11    administrative sanction.
12        (3) A person who violates subsection (a) is subject to
13    6 months of imprisonment, an additional mandatory minimum
14    fine of $1,000, and 25 days of community service in a
15    program benefiting children if the person was transporting
16    a person under the age of 16 at the time of the violation.
17        (4) A person who violates subsection (a) a first time,
18    if the alcohol concentration in his or her blood, breath,
19    or urine was 0.16 or more based on the definition of blood,
20    breath, or urine units in Section 11-501.2, shall be
21    subject, in addition to any other penalty that may be
22    imposed, to a mandatory minimum of 100 hours of community
23    service and a mandatory minimum fine of $500.
24        (5) A person who violates subsection (a) a second time,
25    if at the time of the second 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, shall be subject, in
3    addition to any other penalty that may be imposed, to a
4    mandatory minimum of 2 days of imprisonment and a mandatory
5    minimum fine of $1,250.
6    (d) Aggravated driving under the influence of alcohol,
7other drug or drugs, or intoxicating compound or compounds, or
8any combination thereof.
9        (1) Every person convicted of committing a violation of
10    this Section shall be guilty of aggravated driving under
11    the influence of alcohol, other drug or drugs, or
12    intoxicating compound or compounds, or any combination
13    thereof if:
14            (A) the person committed a violation of subsection
15        (a) or a similar provision for the third or subsequent
16        time;
17            (B) the person committed a violation of subsection
18        (a) while driving a school bus with one or more
19        passengers on board;
20            (C) the person in committing a violation of
21        subsection (a) was involved in a motor vehicle accident
22        that resulted in great bodily harm or permanent
23        disability or disfigurement to another, when the
24        violation was a proximate cause of the injuries;
25            (D) the person committed a violation of subsection
26        (a) and has been previously convicted of violating

 

 

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

 

 

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1        privileges are revoked or suspended, where the
2        revocation or suspension was for a violation of
3        subsection (a) or a similar provision, Section
4        11-501.1, paragraph (b) of Section 11-401, or for
5        reckless homicide as defined in Section 9-3 of the
6        Criminal Code of 1961 or the Criminal Code of 2012;
7            (H) 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 permit
10        or a monitoring device driving permit;
11            (I) 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            (J) the person in committing a violation of
16        subsection (a) was involved in a motor vehicle accident
17        that resulted in bodily harm, but not great bodily
18        harm, to the child under the age of 16 being
19        transported by the person, if the violation was the
20        proximate cause of the injury;
21            (K) the person in committing a second violation of
22        subsection (a) or a similar provision was transporting
23        a person under the age of 16; or
24            (L) the person committed a violation of subsection
25        (a) of this Section while transporting one or more
26        passengers in a vehicle for-hire.

 

 

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

 

 

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

 

 

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1    be imposed in addition to any other criminal or
2    administrative sanction. If at the time of the violation,
3    the defendant was transporting a person under the age of
4    16, a mandatory fine of $25,000 and 25 days of community
5    service in a program benefiting children shall be imposed
6    in addition to any other criminal or administrative
7    sanction.
8        (F) For a violation of subparagraph (C) of paragraph
9    (1) of this subsection (d), the defendant, if sentenced to
10    a term of imprisonment, shall be sentenced to not less than
11    one year nor more than 12 years.
12        (G) A violation of subparagraph (F) of paragraph (1) of
13    this subsection (d) is a Class 2 felony, for which the
14    defendant, unless the court determines that extraordinary
15    circumstances exist and require probation, shall be
16    sentenced to: (i) a term of imprisonment of not less than 3
17    years and not more than 14 years if the violation resulted
18    in the death of one person; or (ii) a term of imprisonment
19    of not less than 6 years and not more than 28 years if the
20    violation resulted in the deaths of 2 or more persons.
21        (H) For a violation of subparagraph (J) of paragraph
22    (1) of this subsection (d), a mandatory fine of $2,500, and
23    25 days of community service in a program benefiting
24    children shall be imposed in addition to any other criminal
25    or administrative sanction.
26        (I) A violation of subparagraph (K) of paragraph (1) of

 

 

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1    this subsection (d), is a Class 2 felony and a mandatory
2    fine of $2,500, and 25 days of community service in a
3    program benefiting children shall be imposed in addition to
4    any other criminal or administrative sanction. If the child
5    being transported suffered bodily harm, but not great
6    bodily harm, in a motor vehicle accident, and the violation
7    was the proximate cause of that injury, a mandatory fine of
8    $5,000 and 25 days of community service in a program
9    benefiting children shall be imposed in addition to any
10    other criminal or administrative sanction.
11        (J) A violation of subparagraph (D) of paragraph (1) of
12    this subsection (d) is a Class 3 felony, for which a
13    sentence of probation or conditional discharge may not be
14    imposed.
15        (3) Any person sentenced under this subsection (d) who
16    receives a term of probation or conditional discharge must
17    serve a minimum term of either 480 hours of community
18    service or 10 days of imprisonment as a condition of the
19    probation or conditional discharge in addition to any other
20    criminal or administrative sanction.
21    (e) Any reference to a prior violation of subsection (a) or
22a similar provision includes any violation of a provision of a
23local ordinance or a provision of a law of another state or an
24offense committed on a military installation that is similar to
25a violation of subsection (a) of this Section.
26    (f) The imposition of a mandatory term of imprisonment or

 

 

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1assignment of community service for a violation of this Section
2shall not be suspended or reduced by the court.
3    (g) Any penalty imposed for driving with a license that has
4been revoked for a previous violation of subsection (a) of this
5Section shall be in addition to the penalty imposed for any
6subsequent violation of subsection (a).
7    (h) For any prosecution under this Section, a certified
8copy of the driving abstract of the defendant shall be admitted
9as proof of any prior conviction.
10(Source: P.A. 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14;
1198-573, eff. 8-27-13; 98-756, eff. 7-16-14.)