Full Text of HB4590 102nd General Assembly
HB4590 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4590 Introduced 1/21/2022, by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-501 | from Ch. 95 1/2, par. 11-501 |
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Amends the Illinois Vehicle Code. Prohibits a person from driving or being in actual physical control of any vehicle within this State while under the influence of cannabis.
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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,
| 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 | | Sec. 11-501. Driving while under the influence of alcohol, | 8 | | other drug or drugs, intoxicating compound or compounds or any | 9 | | combination thereof.
| 10 | | (a) A person shall not drive or be in actual physical | 11 | | control of any vehicle within this State while: | 12 | | (1) the alcohol concentration in the person's blood, | 13 | | other bodily substance, or breath is 0.08 or more based on | 14 | | the definition of blood and breath units in Section | 15 | | 11-501.2; | 16 | | (2) under the influence of alcohol; | 17 | | (3) under the influence of any intoxicating compound | 18 | | or combination of intoxicating compounds to a degree that | 19 | | renders the person incapable of driving safely; | 20 | | (4) under the influence of any other drug or | 21 | | combination of drugs to a degree that renders the person | 22 | | incapable of safely driving; | 23 | | (5) under the combined influence of alcohol, other |
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| 1 | | drug or drugs, or intoxicating compound or compounds to a | 2 | | degree that renders the person incapable of safely | 3 | | driving; | 4 | | (6) there is any amount of a drug, substance, or | 5 | | compound in the person's breath, blood, other bodily | 6 | | substance, or urine resulting from the unlawful use or | 7 | | consumption of a controlled substance listed in the | 8 | | Illinois Controlled Substances Act, an intoxicating | 9 | | compound listed in the Use of Intoxicating Compounds Act, | 10 | | or methamphetamine as listed in the Methamphetamine | 11 | | Control and Community Protection Act; or | 12 | | (7) the person has, within 2 hours of driving or being | 13 | | in actual physical control of a vehicle, a | 14 | | tetrahydrocannabinol concentration in the person's whole | 15 | | blood or other bodily substance as defined in paragraph 6 | 16 | | of subsection (a) of Section 11-501.2 of this Code.
| 17 | | Subject to all other requirements and provisions under | 18 | | this Section, this paragraph (7) does not apply to the | 19 | | lawful consumption of cannabis by a qualifying patient | 20 | | licensed under the Compassionate Use of Medical Cannabis | 21 | | Program Act who is in possession of a valid registry card | 22 | | issued under that Act, unless that person is impaired by | 23 | | the use of cannabis ; or . | 24 | | (8) under the influence of cannabis. | 25 | | (b) The fact that any person charged with violating this | 26 | | Section is or has been legally entitled to use alcohol, |
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| 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. |
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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, | 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 |
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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 |
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| 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.)
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