Full Text of HB1431 103rd General Assembly
HB1431 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1431 Introduced 1/31/2023, by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-501 | from Ch. 95 1/2, par. 11-501 |
|
Amends the Illinois Vehicle Code. Prohibits a person from driving or being in actual physical control of any vehicle within the State while under the influence of cannabis to a degree that renders the person incapable of safely driving. Prohibits a person from driving or being in actual physical control of any vehicle within this State while under the combined influence of alcohol, cannabis, other drug or drugs, or intoxicating compound or compounds (instead of alcohol, other drug or drugs, or intoxicating compound or compounds) to a degree that renders the person incapable of safely driving.
|
| |
| | A BILL FOR |
|
| | | HB1431 | | LRB103 05850 LNS 50870 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 | 5 | | changing Section 11-501 as follows: | 6 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | 7 | | (Text of Section before amendment by P.A. 102-982 ) | 8 | | Sec. 11-501. Driving while under the influence of alcohol, | 9 | | other drug or drugs, intoxicating compound or compounds or any | 10 | | combination thereof.
| 11 | | (a) A person shall not drive or be in actual physical | 12 | | control 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 | 23 | | incapable of safely driving; |
| | | HB1431 | - 2 - | LRB103 05850 LNS 50870 b |
|
| 1 | | (5) under the combined influence of alcohol, other | 2 | | drug or drugs, or intoxicating compound or compounds to a | 3 | | degree that renders the person incapable of safely | 4 | | driving; | 5 | | (6) there is any amount of a drug, substance, or | 6 | | compound in the person's breath, blood, other bodily | 7 | | substance, or urine resulting from the unlawful use or | 8 | | consumption of a controlled substance listed in the | 9 | | Illinois Controlled Substances Act, an intoxicating | 10 | | compound listed in the Use of Intoxicating Compounds Act, | 11 | | or methamphetamine as listed in the Methamphetamine | 12 | | Control and Community Protection Act; or | 13 | | (7) the person has, within 2 hours of driving or being | 14 | | in actual physical control of a vehicle, a | 15 | | tetrahydrocannabinol concentration in the person's whole | 16 | | blood or other bodily substance as defined in paragraph 6 | 17 | | of subsection (a) of Section 11-501.2 of this Code.
| 18 | | Subject to all other requirements and provisions under | 19 | | this Section, this paragraph (7) does not apply to the | 20 | | lawful consumption of cannabis by a qualifying patient | 21 | | licensed under the Compassionate Use of Medical Cannabis | 22 | | Program Act who is in possession of a valid registry card | 23 | | issued under that Act, unless that person is impaired by | 24 | | the use of cannabis. | 25 | | (b) The fact that any person charged with violating this | 26 | | Section is or has been legally entitled to use alcohol, |
| | | HB1431 | - 3 - | LRB103 05850 LNS 50870 b |
|
| 1 | | cannabis under the Compassionate Use of Medical Cannabis | 2 | | Program Act, other drug or drugs, or intoxicating compound or | 3 | | compounds, or any combination thereof, shall not constitute a | 4 | | defense against any charge of violating this Section. | 5 | | (c) Penalties. | 6 | | (1) Except as otherwise provided in this Section, any | 7 | | person convicted of violating subsection (a) of this | 8 | | Section is guilty of a Class A misdemeanor. | 9 | | (2) A person who violates subsection (a) or a similar | 10 | | provision a second time shall be sentenced to a mandatory | 11 | | minimum term of either 5 days of imprisonment or 240 hours | 12 | | of community service in addition to any other criminal or | 13 | | administrative sanction. | 14 | | (3) A person who violates subsection (a) is subject to | 15 | | 6 months of imprisonment, an additional mandatory minimum | 16 | | fine of $1,000, and 25 days of community service in a | 17 | | program benefiting children if the person was transporting | 18 | | a person under the age of 16 at the time of the violation. | 19 | | (4) A person who violates subsection (a) a first time, | 20 | | if the alcohol concentration in his or her blood, breath, | 21 | | other bodily substance, or urine was 0.16 or more based on | 22 | | the definition of blood, breath, other bodily substance, | 23 | | or urine units in Section 11-501.2, shall be subject, in | 24 | | addition to any other penalty that may be imposed, to a | 25 | | mandatory minimum of 100 hours of community service and a | 26 | | mandatory minimum fine of $500. |
| | | HB1431 | - 4 - | LRB103 05850 LNS 50870 b |
|
| 1 | | (5) A person who violates subsection (a) a second | 2 | | time, if at the time of the second violation the alcohol | 3 | | concentration in his or her blood, breath, other bodily | 4 | | substance, or urine was 0.16 or more based on the | 5 | | definition of blood, breath, other bodily substance, or | 6 | | urine units in Section 11-501.2, shall be subject, in | 7 | | addition to any other penalty that may be imposed, to a | 8 | | mandatory minimum of 2 days of imprisonment and a | 9 | | mandatory minimum fine of $1,250. | 10 | | (d) Aggravated driving under the influence of alcohol, | 11 | | other drug or drugs, or intoxicating compound or compounds, or | 12 | | any combination thereof.
| 13 | | (1) Every person convicted of committing a violation | 14 | | of this Section shall be guilty of aggravated driving | 15 | | under the influence of alcohol, other drug or drugs, or | 16 | | intoxicating compound or compounds, or any combination | 17 | | thereof if: | 18 | | (A) the person committed a violation of subsection | 19 | | (a) or a similar provision for the third or subsequent | 20 | | time; | 21 | | (B) the person committed a violation of subsection | 22 | | (a) while driving a school bus with one or more | 23 | | passengers on board; | 24 | | (C) the person in committing a violation of | 25 | | subsection (a) was involved in a motor vehicle | 26 | | accident that resulted in great bodily harm or |
| | | HB1431 | - 5 - | LRB103 05850 LNS 50870 b |
|
| 1 | | permanent disability or disfigurement to another, when | 2 | | the violation was a proximate cause of the injuries; | 3 | | (D) the person committed a violation of subsection | 4 | | (a) and has been previously convicted of violating | 5 | | Section 9-3 of the Criminal Code of 1961 or the | 6 | | Criminal Code of 2012 or a similar provision of a law | 7 | | of another state relating to reckless homicide in | 8 | | which the person was determined to have been under the | 9 | | influence of alcohol, other drug or drugs, or | 10 | | intoxicating compound or compounds as an element of | 11 | | the offense or the person has previously been | 12 | | convicted under subparagraph (C) or subparagraph (F) | 13 | | of this paragraph (1); | 14 | | (E) the person, in committing a violation of | 15 | | subsection (a) while driving at any speed in a school | 16 | | speed zone at a time when a speed limit of 20 miles per | 17 | | hour was in effect under subsection (a) of Section | 18 | | 11-605 of this Code, was involved in a motor vehicle | 19 | | accident that resulted in bodily harm, other than | 20 | | great bodily harm or permanent disability or | 21 | | disfigurement, to another person, when the violation | 22 | | of subsection (a) was a proximate cause of the bodily | 23 | | harm; | 24 | | (F) the person, in committing a violation of | 25 | | subsection (a), was involved in a motor vehicle, | 26 | | snowmobile, all-terrain vehicle, or watercraft |
| | | HB1431 | - 6 - | LRB103 05850 LNS 50870 b |
|
| 1 | | accident that resulted in the death of another person, | 2 | | when the violation of subsection (a) was a proximate | 3 | | cause of the death; | 4 | | (G) the person committed a violation of subsection | 5 | | (a) during a period in which the defendant's driving | 6 | | privileges are revoked or suspended, where the | 7 | | revocation or suspension was for a violation of | 8 | | subsection (a) or a similar provision, Section | 9 | | 11-501.1, paragraph (b) of Section 11-401, or for | 10 | | reckless homicide as defined in Section 9-3 of the | 11 | | Criminal Code of 1961 or the Criminal Code of 2012; | 12 | | (H) the person committed the violation while he or | 13 | | she did not possess a driver's license or permit or a | 14 | | restricted driving permit or a judicial driving permit | 15 | | or a monitoring device driving permit; | 16 | | (I) the person committed the violation while he or | 17 | | she knew or should have known that the vehicle he or | 18 | | she was driving was not covered by a liability | 19 | | insurance policy; | 20 | | (J) the person in committing a violation of | 21 | | subsection (a) was involved in a motor vehicle | 22 | | accident that resulted in bodily harm, but not great | 23 | | bodily harm, to the child under the age of 16 being | 24 | | transported by the person, if the violation was the | 25 | | proximate cause of the injury; | 26 | | (K) the person in committing a second violation of |
| | | HB1431 | - 7 - | LRB103 05850 LNS 50870 b |
|
| 1 | | subsection (a) or a similar provision was transporting | 2 | | a person under the age of 16; or | 3 | | (L) the person committed a violation of subsection | 4 | | (a) of this Section while transporting one or more | 5 | | passengers in a vehicle for-hire. | 6 | | (2)(A) Except as provided otherwise, a person | 7 | | convicted of aggravated driving under the influence of | 8 | | alcohol, other drug or drugs, or intoxicating compound or | 9 | | compounds, or any combination thereof is guilty of a Class | 10 | | 4 felony. | 11 | | (B) A third violation of this Section or a similar | 12 | | provision is a Class 2 felony. If at the time of the third | 13 | | violation the alcohol concentration in his or her blood, | 14 | | breath, other bodily substance, or urine was 0.16 or more | 15 | | based on the definition of blood, breath, other bodily | 16 | | substance, or urine units in Section 11-501.2, a mandatory | 17 | | minimum of 90 days of imprisonment and a mandatory minimum | 18 | | fine of $2,500 shall be imposed in addition to any other | 19 | | criminal or administrative sanction. If at the time of the | 20 | | third violation, the defendant was transporting a person | 21 | | under the age of 16, a mandatory fine of $25,000 and 25 | 22 | | days of community service in a program benefiting children | 23 | | shall be imposed in addition to any other criminal or | 24 | | administrative sanction. | 25 | | (C) A fourth violation of this Section or a similar | 26 | | provision is a Class 2 felony, for which a sentence of |
| | | HB1431 | - 8 - | LRB103 05850 LNS 50870 b |
|
| 1 | | probation or conditional discharge may not be imposed. If | 2 | | at the time of the violation, the alcohol concentration in | 3 | | the defendant's blood, breath, other bodily substance, or | 4 | | urine was 0.16 or more based on the definition of blood, | 5 | | breath, other bodily substance, or urine units in Section | 6 | | 11-501.2, a mandatory minimum fine of $5,000 shall be | 7 | | imposed in addition to any other criminal or | 8 | | administrative sanction. If at the time of the fourth | 9 | | violation, the defendant was transporting a person under | 10 | | the age of 16 a mandatory fine of $25,000 and 25 days of | 11 | | community service in a program benefiting children shall | 12 | | be imposed in addition to any other criminal or | 13 | | administrative sanction. | 14 | | (D) A fifth violation of this Section or a similar | 15 | | provision is a Class 1 felony, for which a sentence of | 16 | | probation or conditional discharge may not be imposed. If | 17 | | at the time of the violation, the alcohol concentration in | 18 | | the defendant's blood, breath, other bodily substance, or | 19 | | urine was 0.16 or more based on the definition of blood, | 20 | | breath, other bodily substance, or urine units in Section | 21 | | 11-501.2, a mandatory minimum fine of $5,000 shall be | 22 | | imposed in addition to any other criminal or | 23 | | administrative sanction. If at the time of the fifth | 24 | | violation, the defendant was transporting a person under | 25 | | the age of 16, a mandatory fine of $25,000, and 25 days of | 26 | | community service in a program benefiting children shall |
| | | HB1431 | - 9 - | LRB103 05850 LNS 50870 b |
|
| 1 | | be imposed in addition to any other criminal or | 2 | | administrative sanction. | 3 | | (E) A sixth or subsequent violation of this Section or | 4 | | similar provision is a Class X felony. If at the time of | 5 | | the violation, the alcohol concentration in the | 6 | | defendant's blood, breath, other bodily substance, or | 7 | | urine was 0.16 or more based on the definition of blood, | 8 | | breath, other bodily substance, or urine units in Section | 9 | | 11-501.2, a mandatory minimum fine of $5,000 shall be | 10 | | 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 | 20 | | than one year nor more than 12 years. | 21 | | (G) A violation of subparagraph (F) of paragraph (1) | 22 | | of 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 |
| | | HB1431 | - 10 - | LRB103 05850 LNS 50870 b |
|
| 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, | 6 | | and 25 days of community service in a program benefiting | 7 | | children shall be imposed in addition to any other | 8 | | criminal or administrative sanction. | 9 | | (I) A violation of subparagraph (K) of paragraph (1) | 10 | | of 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 | 13 | | to any other criminal or administrative sanction. If the | 14 | | child being transported suffered bodily harm, but not | 15 | | great bodily harm, in a motor vehicle accident, and the | 16 | | violation was the proximate cause of that injury, a | 17 | | mandatory fine of $5,000 and 25 days of community service | 18 | | in a program benefiting children shall be imposed in | 19 | | addition to any other criminal or administrative sanction. | 20 | | (J) A violation of subparagraph (D) of paragraph (1) | 21 | | of this subsection (d) is a Class 3 felony, for which a | 22 | | sentence of probation or conditional discharge may not be | 23 | | imposed. | 24 | | (3) Any person sentenced under this subsection (d) who | 25 | | receives a term of probation or conditional discharge must | 26 | | serve a minimum term of either 480 hours of community |
| | | HB1431 | - 11 - | LRB103 05850 LNS 50870 b |
|
| 1 | | service or 10 days of imprisonment as a condition of the | 2 | | probation or conditional discharge in addition to any | 3 | | other criminal or administrative sanction. | 4 | | (e) Any reference to a prior violation of subsection (a) | 5 | | or a similar provision includes any violation of a provision | 6 | | of a local ordinance or a provision of a law of another state | 7 | | or an offense committed on a military installation that is | 8 | | similar to a violation of subsection (a) of this Section. | 9 | | (f) The imposition of a mandatory term of imprisonment or | 10 | | assignment of community service for a violation of this | 11 | | Section shall not be suspended or reduced by the court. | 12 | | (g) Any penalty imposed for driving with a license that | 13 | | has been revoked for a previous violation of subsection (a) of | 14 | | this Section shall be in addition to the penalty imposed for | 15 | | any subsequent violation of subsection (a). | 16 | | (h) For any prosecution under this Section, a certified | 17 | | copy of the driving abstract of the defendant shall be | 18 | | admitted as proof of any prior conviction.
| 19 | | (Source: P.A. 101-363, eff. 8-9-19.) | 20 | | (Text of Section after amendment by P.A. 102-982 ) | 21 | | Sec. 11-501. Driving while under the influence of alcohol, | 22 | | other drug or drugs, intoxicating compound or compounds or any | 23 | | combination thereof.
| 24 | | (a) A person shall not drive or be in actual physical | 25 | | control of any vehicle within this State while: |
| | | HB1431 | - 12 - | LRB103 05850 LNS 50870 b |
|
| 1 | | (1) the alcohol concentration in the person's blood, | 2 | | other bodily substance, or breath is 0.08 or more based on | 3 | | the definition of blood and breath units in Section | 4 | | 11-501.2; | 5 | | (2) under the influence of alcohol; | 6 | | (3) under the influence of any intoxicating compound | 7 | | or combination of intoxicating compounds to a degree that | 8 | | renders the person incapable of driving safely; | 9 | | (4) under the influence of any other drug or | 10 | | combination of drugs to a degree that renders the person | 11 | | incapable of safely driving; | 12 | | (5) under the combined influence of alcohol, cannabis, | 13 | | other drug or drugs, or intoxicating compound or compounds | 14 | | to a degree that renders the person incapable of safely | 15 | | driving; | 16 | | (6) there is any amount of a drug, substance, or | 17 | | compound in the person's breath, blood, other bodily | 18 | | substance, or urine resulting from the unlawful use or | 19 | | consumption of a controlled substance listed in the | 20 | | Illinois Controlled Substances Act, an intoxicating | 21 | | compound listed in the Use of Intoxicating Compounds Act, | 22 | | or methamphetamine as listed in the Methamphetamine | 23 | | Control and Community Protection Act; or | 24 | | (7) the person has, within 2 hours of driving or being | 25 | | in actual physical control of a vehicle, a | 26 | | tetrahydrocannabinol concentration in the person's whole |
| | | HB1431 | - 13 - | LRB103 05850 LNS 50870 b |
|
| 1 | | blood or other bodily substance as defined in paragraph 6 | 2 | | of subsection (a) of Section 11-501.2 of this Code.
| 3 | | Subject to all other requirements and provisions under | 4 | | this Section, this paragraph (7) does not apply to the | 5 | | lawful consumption of cannabis by a qualifying patient | 6 | | licensed under the Compassionate Use of Medical Cannabis | 7 | | Program Act who is in possession of a valid registry card | 8 | | issued under that Act, unless that person is impaired by | 9 | | the use of cannabis ; or | 10 | | (8) under the influence of cannabis to a degree that | 11 | | renders the person incapable of safely driving . | 12 | | (b) The fact that any person charged with violating this | 13 | | Section is or has been legally entitled to use alcohol, | 14 | | cannabis under the Compassionate Use of Medical Cannabis | 15 | | Program Act, other drug or drugs, or intoxicating compound or | 16 | | compounds, or any combination thereof, shall not constitute a | 17 | | defense against any charge of violating this Section. | 18 | | (c) Penalties. | 19 | | (1) Except as otherwise provided in this Section, any | 20 | | person convicted of violating subsection (a) of this | 21 | | Section is guilty of a Class A misdemeanor. | 22 | | (2) A person who violates subsection (a) or a similar | 23 | | provision a second time shall be sentenced to a mandatory | 24 | | minimum term of either 5 days of imprisonment or 240 hours | 25 | | of community service in addition to any other criminal or | 26 | | administrative sanction. |
| | | HB1431 | - 14 - | LRB103 05850 LNS 50870 b |
|
| 1 | | (3) A person who violates subsection (a) is subject to | 2 | | 6 months of imprisonment, an additional mandatory minimum | 3 | | fine of $1,000, and 25 days of community service in a | 4 | | program benefiting children if the person was transporting | 5 | | a person under the age of 16 at the time of the violation. | 6 | | (4) A person who violates subsection (a) a first time, | 7 | | if the alcohol concentration in his or her blood, breath, | 8 | | other bodily substance, or urine was 0.16 or more based on | 9 | | the definition of blood, breath, other bodily substance, | 10 | | or urine units in Section 11-501.2, shall be subject, in | 11 | | addition to any other penalty that may be imposed, to a | 12 | | mandatory minimum of 100 hours of community service and a | 13 | | mandatory minimum fine of $500. | 14 | | (5) A person who violates subsection (a) a second | 15 | | time, if at the time of the second violation the alcohol | 16 | | concentration in his or her blood, breath, other bodily | 17 | | substance, or urine was 0.16 or more based on the | 18 | | definition of blood, breath, other bodily substance, or | 19 | | urine units in Section 11-501.2, shall be subject, in | 20 | | addition to any other penalty that may be imposed, to a | 21 | | mandatory minimum of 2 days of imprisonment and a | 22 | | mandatory minimum fine of $1,250. | 23 | | (d) Aggravated driving under the influence of alcohol, | 24 | | other drug or drugs, or intoxicating compound or compounds, or | 25 | | any combination thereof.
| 26 | | (1) Every person convicted of committing a violation |
| | | HB1431 | - 15 - | LRB103 05850 LNS 50870 b |
|
| 1 | | of this Section shall be guilty of aggravated driving | 2 | | under 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 one or more | 10 | | passengers on board; | 11 | | (C) the person in committing a violation of | 12 | | subsection (a) was involved in a motor vehicle crash | 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) and has been previously convicted of violating | 18 | | Section 9-3 of the Criminal Code of 1961 or the | 19 | | Criminal Code of 2012 or a similar provision of a law | 20 | | of another state relating to reckless homicide in | 21 | | which the person was determined to have been under the | 22 | | influence of alcohol, other drug or drugs, or | 23 | | intoxicating compound or compounds as an element of | 24 | | the offense or the person has previously been | 25 | | convicted under subparagraph (C) or subparagraph (F) | 26 | | of this paragraph (1); |
| | | HB1431 | - 16 - | LRB103 05850 LNS 50870 b |
|
| 1 | | (E) the person, in committing a violation of | 2 | | subsection (a) while driving at any speed in a school | 3 | | speed zone at a time when a speed limit of 20 miles per | 4 | | hour was in effect under subsection (a) of Section | 5 | | 11-605 of this Code, was involved in a motor vehicle | 6 | | crash that resulted in bodily harm, other than great | 7 | | bodily harm or permanent disability or disfigurement, | 8 | | to another person, when the violation of subsection | 9 | | (a) was a proximate cause of the bodily harm; | 10 | | (F) the person, in committing a violation of | 11 | | subsection (a), was involved in a motor vehicle crash | 12 | | or snowmobile, all-terrain vehicle, or watercraft | 13 | | accident that resulted in the death of another person, | 14 | | when the violation of subsection (a) was a proximate | 15 | | cause of the death; | 16 | | (G) the person committed a violation of subsection | 17 | | (a) during a period in which the defendant's driving | 18 | | privileges are revoked or suspended, where the | 19 | | revocation or suspension was for a violation of | 20 | | subsection (a) or a similar provision, Section | 21 | | 11-501.1, paragraph (b) of Section 11-401, or for | 22 | | reckless homicide as defined in Section 9-3 of the | 23 | | Criminal Code of 1961 or the Criminal Code of 2012; | 24 | | (H) the person committed the violation while he or | 25 | | she did not possess a driver's license or permit or a | 26 | | restricted driving permit or a judicial driving permit |
| | | HB1431 | - 17 - | LRB103 05850 LNS 50870 b |
|
| 1 | | or a monitoring device driving permit; | 2 | | (I) the person committed the violation while he or | 3 | | she knew or should have known that the vehicle he or | 4 | | she was driving was not covered by a liability | 5 | | insurance policy; | 6 | | (J) the person in committing a violation of | 7 | | subsection (a) was involved in a motor vehicle crash | 8 | | that resulted in bodily harm, but not great bodily | 9 | | harm, to the child under the age of 16 being | 10 | | transported by the person, if the violation was the | 11 | | proximate cause of the injury; | 12 | | (K) the person in committing a second violation of | 13 | | subsection (a) or a similar provision was transporting | 14 | | a person under the age of 16; or | 15 | | (L) the person committed a violation of subsection | 16 | | (a) of this Section while transporting one or more | 17 | | passengers in a vehicle for-hire. | 18 | | (2)(A) Except as provided otherwise, a person | 19 | | convicted of aggravated driving under the influence of | 20 | | alcohol, other drug or drugs, or intoxicating compound or | 21 | | compounds, or any combination thereof is guilty of a Class | 22 | | 4 felony. | 23 | | (B) A third violation of this Section or a similar | 24 | | provision is a Class 2 felony. If at the time of the third | 25 | | violation the alcohol concentration in his or her blood, | 26 | | breath, other bodily substance, or urine was 0.16 or more |
| | | HB1431 | - 18 - | LRB103 05850 LNS 50870 b |
|
| 1 | | based on the definition of blood, breath, other bodily | 2 | | substance, or urine units in Section 11-501.2, a mandatory | 3 | | minimum of 90 days of imprisonment and a mandatory minimum | 4 | | fine of $2,500 shall be imposed in addition to any other | 5 | | criminal or administrative sanction. If at the time of the | 6 | | third violation, the defendant was transporting a person | 7 | | under the age of 16, a mandatory fine of $25,000 and 25 | 8 | | days of community service in a program benefiting children | 9 | | shall be imposed in addition to any other criminal or | 10 | | administrative sanction. | 11 | | (C) A fourth violation of this Section or a similar | 12 | | provision is a Class 2 felony, for which a sentence of | 13 | | probation or conditional discharge may not be imposed. If | 14 | | at the time of the violation, the alcohol concentration in | 15 | | the defendant's blood, breath, other bodily substance, or | 16 | | urine was 0.16 or more based on the definition of blood, | 17 | | breath, other bodily substance, or urine units in Section | 18 | | 11-501.2, a mandatory minimum fine of $5,000 shall be | 19 | | imposed in addition to any other criminal or | 20 | | administrative sanction. If at the time of the fourth | 21 | | violation, the defendant was transporting a person under | 22 | | the age of 16 a mandatory fine of $25,000 and 25 days of | 23 | | community service in a program benefiting children shall | 24 | | be imposed in addition to any other criminal or | 25 | | administrative sanction. | 26 | | (D) A fifth violation of this Section or a similar |
| | | HB1431 | - 19 - | LRB103 05850 LNS 50870 b |
|
| 1 | | provision is a Class 1 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 fifth | 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 | | (E) A sixth or subsequent violation of this Section or | 16 | | similar provision is a Class X felony. If at the time of | 17 | | the violation, the alcohol concentration in the | 18 | | defendant's blood, breath, other bodily substance, or | 19 | | urine was 0.16 or more based on the definition of blood, | 20 | | breath, other bodily substance, or urine units in Section | 21 | | 11-501.2, a mandatory minimum fine of $5,000 shall be | 22 | | imposed in addition to any other criminal or | 23 | | administrative sanction. If at the time of the violation, | 24 | | the defendant was transporting a person under the age of | 25 | | 16, a mandatory fine of $25,000 and 25 days of community | 26 | | service in a program benefiting children shall be imposed |
| | | HB1431 | - 20 - | LRB103 05850 LNS 50870 b |
|
| 1 | | in addition to any other criminal or administrative | 2 | | sanction. | 3 | | (F) For a violation of subparagraph (C) of paragraph | 4 | | (1) of this subsection (d), the defendant, if sentenced to | 5 | | a term of imprisonment, shall be sentenced to not less | 6 | | than one year nor more than 12 years. | 7 | | (G) A violation of subparagraph (F) of paragraph (1) | 8 | | of this subsection (d) is a Class 2 felony, for which the | 9 | | defendant, unless the court determines that extraordinary | 10 | | circumstances exist and require probation, shall be | 11 | | sentenced to: (i) a term of imprisonment of not less than 3 | 12 | | years and not more than 14 years if the violation resulted | 13 | | in the death of one person; or (ii) a term of imprisonment | 14 | | of not less than 6 years and not more than 28 years if the | 15 | | violation resulted in the deaths of 2 or more persons. | 16 | | (H) For a violation of subparagraph (J) of paragraph | 17 | | (1) of this subsection (d), a mandatory fine of $2,500, | 18 | | and 25 days of community service in a program benefiting | 19 | | children shall be imposed in addition to any other | 20 | | criminal or administrative sanction. | 21 | | (I) A violation of subparagraph (K) of paragraph (1) | 22 | | of this subsection (d), is a Class 2 felony and a mandatory | 23 | | fine of $2,500, and 25 days of community service in a | 24 | | program benefiting children shall be imposed in addition | 25 | | to any other criminal or administrative sanction. If the | 26 | | child being transported suffered bodily harm, but not |
| | | HB1431 | - 21 - | LRB103 05850 LNS 50870 b |
|
| 1 | | great bodily harm, in a motor vehicle crash, and the | 2 | | violation was the proximate cause of that injury, a | 3 | | mandatory fine of $5,000 and 25 days of community service | 4 | | in a program benefiting children shall be imposed in | 5 | | addition to any other criminal or administrative sanction. | 6 | | (J) A violation of subparagraph (D) of paragraph (1) | 7 | | of this subsection (d) is a Class 3 felony, for which a | 8 | | sentence of probation or conditional discharge may not be | 9 | | imposed. | 10 | | (3) Any person sentenced under this subsection (d) who | 11 | | receives a term of probation or conditional discharge must | 12 | | serve a minimum term of either 480 hours of community | 13 | | service or 10 days of imprisonment as a condition of the | 14 | | probation or conditional discharge in addition to any | 15 | | other criminal or administrative sanction. | 16 | | (e) Any reference to a prior violation of subsection (a) | 17 | | or a similar provision includes any violation of a provision | 18 | | of a local ordinance or a provision of a law of another state | 19 | | or an offense committed on a military installation that is | 20 | | similar to a violation of subsection (a) of this Section. | 21 | | (f) The imposition of a mandatory term of imprisonment or | 22 | | assignment of community service for a violation of this | 23 | | Section shall not be suspended or reduced by the court. | 24 | | (g) Any penalty imposed for driving with a license that | 25 | | has been revoked for a previous violation of subsection (a) of | 26 | | this Section shall be in addition to the penalty imposed for |
| | | HB1431 | - 22 - | LRB103 05850 LNS 50870 b |
|
| 1 | | any subsequent violation of subsection (a). | 2 | | (h) For any prosecution under this Section, a certified | 3 | | copy of the driving abstract of the defendant shall be | 4 | | admitted as proof of any prior conviction.
| 5 | | (Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.)
| 6 | | Section 95. No acceleration or delay. Where this Act makes | 7 | | changes in a statute that is represented in this Act by text | 8 | | that is not yet or no longer in effect (for example, a Section | 9 | | represented by multiple versions), the use of that text does | 10 | | not accelerate or delay the taking effect of (i) the changes | 11 | | made by this Act or (ii) provisions derived from any other | 12 | | Public Act. |
|