SB1934 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1934

 

Introduced 2/26/2021, by Sen. Steve McClure

 

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

    Amends the Illinois Vehicle Code. Provides that a violation of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compounds, or any combination thereof, involving a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that results in the death of one person and great bodily harm or permanent disability or disfigurement of one or more other persons is a Class 2 felony punishable by a term of imprisonment of not less than 4 years and not more than 20 years. Provides that the Act may be referred to as Lindsey's Law.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1934LRB102 15078 RAM 20433 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as Lindsey's Law.
 
5    Section 5. The Illinois Vehicle Code is amended by
6changing Section 11-501 as follows:
 
7    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
8    Sec. 11-501. Driving while under the influence of alcohol,
9other drug or drugs, intoxicating compound or compounds or any
10combination thereof.
11    (a) A person shall not drive or be in actual physical
12control of any vehicle within this State while:
13        (1) the alcohol concentration in the person's blood,
14    other bodily substance, or breath is 0.08 or more based on
15    the definition of blood and breath units in Section
16    11-501.2;
17        (2) under the influence of alcohol;
18        (3) under the influence of any intoxicating compound
19    or 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

 

 

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1    incapable of safely driving;
2        (5) under the combined influence of alcohol, other
3    drug or drugs, or intoxicating compound or compounds to a
4    degree that renders the person incapable of safely
5    driving;
6        (6) there is any amount of a drug, substance, or
7    compound in the person's breath, blood, other bodily
8    substance, or urine resulting from the unlawful use or
9    consumption of a controlled substance listed in the
10    Illinois Controlled Substances Act, an intoxicating
11    compound listed in the Use of Intoxicating Compounds Act,
12    or methamphetamine as listed in the Methamphetamine
13    Control and Community Protection Act; or
14        (7) the person has, within 2 hours of driving or being
15    in actual physical control of a vehicle, a
16    tetrahydrocannabinol concentration in the person's whole
17    blood or other bodily substance as defined in paragraph 6
18    of subsection (a) of Section 11-501.2 of this Code.
19    Subject to all other requirements and provisions under
20    this Section, this paragraph (7) does not apply to the
21    lawful consumption of cannabis by a qualifying patient
22    licensed under the Compassionate Use of Medical Cannabis
23    Program Act who is in possession of a valid registry card
24    issued under that Act, unless that person is impaired by
25    the use of cannabis.
26    (b) The fact that any person charged with violating this

 

 

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1Section is or has been legally entitled to use alcohol,
2cannabis under the Compassionate Use of Medical Cannabis
3Program Act, other drug or drugs, or intoxicating compound or
4compounds, or any combination thereof, shall not constitute a
5defense against any charge of violating this Section.
6    (c) Penalties.
7        (1) Except as otherwise provided in this Section, any
8    person convicted of violating subsection (a) of this
9    Section is guilty of a Class A misdemeanor.
10        (2) A person who violates subsection (a) or a similar
11    provision a second time shall be sentenced to a mandatory
12    minimum term of either 5 days of imprisonment or 240 hours
13    of community service in addition to any other criminal or
14    administrative sanction.
15        (3) A person who violates subsection (a) is subject to
16    6 months of imprisonment, an additional mandatory minimum
17    fine of $1,000, and 25 days of community service in a
18    program benefiting children if the person was transporting
19    a person under the age of 16 at the time of the violation.
20        (4) A person who violates subsection (a) a first time,
21    if the alcohol concentration in his or her blood, breath,
22    other bodily substance, or urine was 0.16 or more based on
23    the definition of blood, breath, other bodily substance,
24    or urine units in Section 11-501.2, shall be subject, in
25    addition to any other penalty that may be imposed, to a
26    mandatory minimum of 100 hours of community service and a

 

 

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1    mandatory minimum fine of $500.
2        (5) A person who violates subsection (a) a second
3    time, if at the time of the second violation the alcohol
4    concentration in his or her blood, breath, other bodily
5    substance, or urine was 0.16 or more based on the
6    definition of blood, breath, other bodily substance, 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
10    mandatory minimum fine of $1,250.
11    (d) Aggravated driving under the influence of alcohol,
12other drug or drugs, or intoxicating compound or compounds, or
13any combination thereof.
14        (1) Every person convicted of committing a violation
15    of this Section shall be guilty of aggravated driving
16    under the influence of alcohol, other drug or drugs, or
17    intoxicating compound or compounds, or any combination
18    thereof if:
19            (A) the person committed a violation of subsection
20        (a) or a similar provision for the third or subsequent
21        time;
22            (B) the person committed a violation of subsection
23        (a) while driving a school bus with one or more
24        passengers on board;
25            (C) the person in committing a violation of
26        subsection (a) was involved in a motor vehicle

 

 

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

 

 

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1        snowmobile, all-terrain vehicle, or watercraft
2        accident that resulted in the death of another person,
3        when the violation of subsection (a) was a proximate
4        cause of the death;
5            (G) the person committed a violation of subsection
6        (a) during a period in which the defendant's driving
7        privileges are revoked or suspended, where the
8        revocation or suspension was for a violation of
9        subsection (a) or a similar provision, Section
10        11-501.1, paragraph (b) of Section 11-401, or for
11        reckless homicide as defined in Section 9-3 of the
12        Criminal Code of 1961 or the Criminal Code of 2012;
13            (H) the person committed the violation while he or
14        she did not possess a driver's license or permit or a
15        restricted driving permit or a judicial driving permit
16        or a monitoring device driving permit;
17            (I) the person committed the violation while he or
18        she knew or should have known that the vehicle he or
19        she was driving was not covered by a liability
20        insurance policy;
21            (J) the person in committing a violation of
22        subsection (a) was involved in a motor vehicle
23        accident that resulted in bodily harm, but not great
24        bodily harm, to the child under the age of 16 being
25        transported by the person, if the violation was the
26        proximate cause of the injury;

 

 

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1            (K) the person in committing a second violation of
2        subsection (a) or a similar provision was transporting
3        a person under the age of 16; or
4            (L) the person committed a violation of subsection
5        (a) of this Section while transporting one or more
6        passengers in a vehicle for-hire.
7        (2)(A) Except as provided otherwise, a person
8    convicted of aggravated driving under the influence of
9    alcohol, other drug or drugs, or intoxicating compound or
10    compounds, or any combination thereof is guilty of a Class
11    4 felony.
12        (B) A third violation of this Section or a similar
13    provision is a Class 2 felony. If at the time of the third
14    violation the alcohol concentration in his or her blood,
15    breath, other bodily substance, or urine was 0.16 or more
16    based on the definition of blood, breath, other bodily
17    substance, or urine units in Section 11-501.2, a mandatory
18    minimum of 90 days of imprisonment and a mandatory minimum
19    fine of $2,500 shall be imposed in addition to any other
20    criminal or administrative sanction. If at the time of the
21    third violation, the defendant was transporting a person
22    under the age of 16, a mandatory fine of $25,000 and 25
23    days of community service in a program benefiting children
24    shall be imposed in addition to any other criminal or
25    administrative sanction.
26        (C) A fourth violation of this Section or a similar

 

 

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

 

 

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

 

 

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1    sentence of probation or conditional discharge may not be
2    imposed.
3        (3) Any person sentenced under this subsection (d) who
4    receives a term of probation or conditional discharge must
5    serve a minimum term of either 480 hours of community
6    service or 10 days of imprisonment as a condition of the
7    probation or conditional discharge in addition to any
8    other criminal or administrative sanction.
9    (e) Any reference to a prior violation of subsection (a)
10or a similar provision includes any violation of a provision
11of a local ordinance or a provision of a law of another state
12or an offense committed on a military installation that is
13similar to a violation of subsection (a) of this Section.
14    (f) The imposition of a mandatory term of imprisonment or
15assignment of community service for a violation of this
16Section shall not be suspended or reduced by the court.
17    (g) Any penalty imposed for driving with a license that
18has been revoked for a previous violation of subsection (a) of
19this Section shall be in addition to the penalty imposed for
20any subsequent violation of subsection (a).
21    (h) For any prosecution under this Section, a certified
22copy of the driving abstract of the defendant shall be
23admitted as proof of any prior conviction.
24(Source: P.A. 101-363, eff. 8-9-19.)