Illinois General Assembly - Full Text of HB1431
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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.


LRB103 05850 LNS 50870 b

 

 

A BILL FOR

 

HB1431LRB103 05850 LNS 50870 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 5. The Illinois Vehicle Code is amended by
5changing 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,
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
23    incapable of safely driving;

 

 

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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
26Section is or has been legally entitled to use alcohol,

 

 

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1cannabis under the Compassionate Use of Medical Cannabis
2Program Act, other drug or drugs, or intoxicating compound or
3compounds, or any combination thereof, shall not constitute a
4defense 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.

 

 

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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,
11other drug or drugs, or intoxicating compound or compounds, or
12any 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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)
5or a similar provision includes any violation of a provision
6of a local ordinance or a provision of a law of another state
7or an offense committed on a military installation that is
8similar to a violation of subsection (a) of this Section.
9    (f) The imposition of a mandatory term of imprisonment or
10assignment of community service for a violation of this
11Section shall not be suspended or reduced by the court.
12    (g) Any penalty imposed for driving with a license that
13has been revoked for a previous violation of subsection (a) of
14this Section shall be in addition to the penalty imposed for
15any subsequent violation of subsection (a).
16    (h) For any prosecution under this Section, a certified
17copy of the driving abstract of the defendant shall be
18admitted 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,
22other drug or drugs, intoxicating compound or compounds or any
23combination thereof.
24    (a) A person shall not drive or be in actual physical
25control of any vehicle within this State while:

 

 

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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

 

 

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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
13Section is or has been legally entitled to use alcohol,
14cannabis under the Compassionate Use of Medical Cannabis
15Program Act, other drug or drugs, or intoxicating compound or
16compounds, or any combination thereof, shall not constitute a
17defense 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.

 

 

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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,
24other drug or drugs, or intoxicating compound or compounds, or
25any combination thereof.
26        (1) Every person convicted of committing a violation

 

 

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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

 

 

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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

 

 

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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

 

 

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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)
17or a similar provision includes any violation of a provision
18of a local ordinance or a provision of a law of another state
19or an offense committed on a military installation that is
20similar to a violation of subsection (a) of this Section.
21    (f) The imposition of a mandatory term of imprisonment or
22assignment of community service for a violation of this
23Section shall not be suspended or reduced by the court.
24    (g) Any penalty imposed for driving with a license that
25has been revoked for a previous violation of subsection (a) of
26this Section shall be in addition to the penalty imposed for

 

 

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1any subsequent violation of subsection (a).
2    (h) For any prosecution under this Section, a certified
3copy of the driving abstract of the defendant shall be
4admitted 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
7changes in a statute that is represented in this Act by text
8that is not yet or no longer in effect (for example, a Section
9represented by multiple versions), the use of that text does
10not accelerate or delay the taking effect of (i) the changes
11made by this Act or (ii) provisions derived from any other
12Public Act.