Full Text of HB5797 98th General Assembly
HB5797 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5797 Introduced , by Rep. Katherine Cloonen SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-501 | from Ch. 95 1/2, par. 11-501 | 625 ILCS 5/11-501.01 | |
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Amends the Illinois Vehicle Code. Makes a first offense for driving under the influence while transporting a child under the age of 16 a factor in aggravation, rather than a second offense. Provides that the first conviction of aggravated driving under the influence while transporting a child under 16 shall require the installation of an ignition interlock device, rather than the second conviction.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | 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 changing | 5 | | Sections 11-501 and 11-501.01 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 or | 13 | | breath is 0.08 or more based on the definition of blood and | 14 | | breath units in Section 11-501.2; | 15 | | (2) under the influence of alcohol; | 16 | | (3) under the influence of any intoxicating compound or | 17 | | combination of intoxicating compounds to a degree that | 18 | | renders the person incapable of driving safely; | 19 | | (4) under the influence of any other drug or | 20 | | combination of drugs to a degree that renders the person | 21 | | incapable of safely driving; | 22 | | (5) under the combined influence of alcohol, other drug | 23 | | or drugs, or intoxicating compound or compounds to a degree |
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| 1 | | that renders the person incapable of safely driving; or | 2 | | (6) there is any amount of a drug, substance, or | 3 | | compound in the person's breath, blood, or urine resulting | 4 | | from the unlawful use or consumption of cannabis listed in | 5 | | the Cannabis Control Act, a controlled substance listed in | 6 | | the Illinois Controlled Substances Act, an intoxicating | 7 | | compound listed in the Use of Intoxicating Compounds Act, | 8 | | or methamphetamine as listed in the Methamphetamine | 9 | | Control and Community Protection Act.
Subject to all other | 10 | | requirements and provisions under this Section, this | 11 | | paragraph (6) does not apply to the lawful consumption of | 12 | | cannabis by a qualifying patient licensed under the | 13 | | Compassionate Use of Medical Cannabis Pilot Program Act who | 14 | | is in possession of a valid registry card issued under that | 15 | | Act, unless that person is impaired by the use of cannabis. | 16 | | (b) The fact that any person charged with violating this | 17 | | Section is or has been legally entitled to use alcohol, | 18 | | cannabis under the Compassionate Use of Medical Cannabis Pilot | 19 | | Program Act, other drug or drugs, or intoxicating compound or | 20 | | compounds, or any combination thereof, shall not constitute a | 21 | | defense against any charge of violating this Section. | 22 | | (c) Penalties. | 23 | | (1) Except as otherwise provided in this Section, any | 24 | | person convicted of violating subsection (a) of this | 25 | | Section is guilty of a Class A misdemeanor. | 26 | | (2) A person who violates subsection (a) or a similar |
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| 1 | | provision a second time shall be sentenced to a mandatory | 2 | | minimum term of either 5 days of imprisonment or 240 hours | 3 | | of community service in addition to any other criminal or | 4 | | administrative sanction. | 5 | | (3) A person who violates subsection (a) is subject to | 6 | | 6 months of imprisonment, an additional mandatory minimum | 7 | | fine of $1,000, and 25 days of community service in a | 8 | | program benefiting children if the person was transporting | 9 | | a person under the age of 16 at the time of the violation. | 10 | | (4) A person who violates subsection (a) a first time, | 11 | | if the alcohol concentration in his or her blood, breath, | 12 | | or urine was 0.16 or more based on the definition of blood, | 13 | | breath, or urine units in Section 11-501.2, shall be | 14 | | subject, in addition to any other penalty that may be | 15 | | imposed, to a mandatory minimum of 100 hours of community | 16 | | service and a mandatory minimum fine of $500. | 17 | | (5) A person who violates subsection (a) a second time, | 18 | | if at the time of the second violation the alcohol | 19 | | concentration in his or her blood, breath, or urine was | 20 | | 0.16 or more based on the definition of blood, breath, or | 21 | | urine units in Section 11-501.2, shall be subject, in | 22 | | addition to any other penalty that may be imposed, to a | 23 | | mandatory minimum of 2 days of imprisonment and a mandatory | 24 | | minimum fine of $1,250. | 25 | | (d) Aggravated driving under the influence of alcohol, | 26 | | other drug or drugs, or intoxicating compound or compounds, or |
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| 1 | | any combination thereof.
| 2 | | (1) Every person convicted of committing a violation of | 3 | | this Section shall be guilty of aggravated driving under | 4 | | the influence of alcohol, other drug or drugs, or | 5 | | intoxicating compound or compounds, or any combination | 6 | | thereof if: | 7 | | (A) the person committed a violation of subsection | 8 | | (a) or a similar provision for the third or subsequent | 9 | | time; | 10 | | (B) the person committed a violation of subsection | 11 | | (a) while driving a school bus with one or more | 12 | | passengers on board; | 13 | | (C) the person in committing a violation of | 14 | | subsection (a) was involved in a motor vehicle accident | 15 | | that resulted in great bodily harm or permanent | 16 | | disability or disfigurement to another, when the | 17 | | violation was a proximate cause of the injuries; | 18 | | (D) the person committed a violation of subsection | 19 | | (a) and has been previously convicted of violating | 20 | | Section 9-3 of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012 or a similar provision of a law | 22 | | of another state relating to reckless homicide in which | 23 | | the person was determined to have been under the | 24 | | influence of alcohol, other drug or drugs, or | 25 | | intoxicating compound or compounds as an element of the | 26 | | offense or the person has previously been convicted |
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| 1 | | under subparagraph (C) or subparagraph (F) of this | 2 | | paragraph (1); | 3 | | (E) the person, in committing a violation of | 4 | | subsection (a) while driving at any speed in a school | 5 | | speed zone at a time when a speed limit of 20 miles per | 6 | | hour was in effect under subsection (a) of Section | 7 | | 11-605 of this Code, was involved in a motor vehicle | 8 | | accident that resulted in bodily harm, other than great | 9 | | bodily harm or permanent disability or disfigurement, | 10 | | to another person, when the violation of subsection (a) | 11 | | was a proximate cause of the bodily harm; | 12 | | (F) the person, in committing a violation of | 13 | | subsection (a), was involved in a motor vehicle, | 14 | | snowmobile, all-terrain vehicle, or watercraft | 15 | | accident that resulted in the death of another person, | 16 | | when the violation of subsection (a) was a proximate | 17 | | cause of the death; | 18 | | (G) the person committed a violation of subsection | 19 | | (a) during a period in which the defendant's driving | 20 | | privileges are revoked or suspended, where the | 21 | | revocation or suspension was for a violation of | 22 | | subsection (a) or a similar provision, Section | 23 | | 11-501.1, paragraph (b) of Section 11-401, or for | 24 | | reckless homicide as defined in Section 9-3 of the | 25 | | Criminal Code of 1961 or the Criminal Code of 2012; | 26 | | (H) the person committed the violation while he or |
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| 1 | | she did not possess a driver's license or permit or a | 2 | | restricted driving permit or a judicial driving permit | 3 | | or a monitoring device driving permit; | 4 | | (I) the person committed the violation while he or | 5 | | she knew or should have known that the vehicle he or | 6 | | she was driving was not covered by a liability | 7 | | insurance policy; | 8 | | (J) the person in committing a violation of | 9 | | subsection (a) was involved in a motor vehicle accident | 10 | | that resulted in bodily harm, but not great bodily | 11 | | harm, to the child under the age of 16 being | 12 | | transported by the person, if the violation was the | 13 | | proximate cause of the injury; | 14 | | (K) the person in committing a second violation of | 15 | | subsection (a) or a similar provision was transporting | 16 | | a person under the age of 16; or | 17 | | (L) the person committed a violation of subsection | 18 | | (a) of this Section while transporting one or more | 19 | | passengers in a vehicle for-hire. | 20 | | (2)(A) Except as provided otherwise, a person | 21 | | convicted of aggravated driving under the influence of | 22 | | alcohol, other drug or drugs, or intoxicating compound or | 23 | | compounds, or any combination thereof is guilty of a Class | 24 | | 4 felony. | 25 | | (B) A third violation of this Section or a similar | 26 | | provision is a Class 2 felony. If at the time of the third |
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| 1 | | violation the alcohol concentration in his or her blood, | 2 | | breath, or urine was 0.16 or more based on the definition | 3 | | of blood, breath, or urine units in Section 11-501.2, a | 4 | | mandatory minimum of 90 days of imprisonment and a | 5 | | mandatory minimum fine of $2,500 shall be imposed in | 6 | | addition to any other criminal or administrative sanction. | 7 | | If at the time of the third violation, the defendant was | 8 | | transporting a person under the age of 16, a mandatory fine | 9 | | of $25,000 and 25 days of community service in a program | 10 | | benefiting children shall be imposed in addition to any | 11 | | other criminal or administrative sanction. | 12 | | (C) A fourth violation of this Section or a similar | 13 | | provision is a Class 2 felony, for which a sentence of | 14 | | probation or conditional discharge may not be imposed. If | 15 | | at the time of the violation, the alcohol concentration in | 16 | | the defendant's blood, breath, or urine was 0.16 or more | 17 | | based on the definition of blood, breath, or urine units in | 18 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 19 | | be 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 be | 24 | | imposed in addition to any other criminal or administrative | 25 | | 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, or urine was 0.16 or more | 5 | | based on the definition of blood, breath, or urine units in | 6 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 7 | | be imposed in addition to any other criminal or | 8 | | administrative sanction. If at the time of the fifth | 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 be | 12 | | imposed in addition to any other criminal or administrative | 13 | | sanction. | 14 | | (E) A sixth or subsequent violation of this Section or | 15 | | similar provision is a Class X felony. If at the time of | 16 | | the violation, the alcohol concentration in the | 17 | | defendant's blood, breath, or urine was 0.16 or more based | 18 | | on the definition of blood, breath, or urine units in | 19 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 20 | | be imposed in addition to any other criminal or | 21 | | administrative sanction. If at the time of the violation, | 22 | | the defendant was transporting a person under the age of | 23 | | 16, a mandatory fine of $25,000 and 25 days of community | 24 | | service in a program benefiting children shall be imposed | 25 | | in addition to any other criminal or administrative | 26 | | sanction. |
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| 1 | | (F) For a violation of subparagraph (C) of paragraph | 2 | | (1) of this subsection (d), the defendant, if sentenced to | 3 | | a term of imprisonment, shall be sentenced to not less than | 4 | | one year nor more than 12 years. | 5 | | (G) A violation of subparagraph (F) of paragraph (1) of | 6 | | this subsection (d) is a Class 2 felony, for which the | 7 | | defendant, unless the court determines that extraordinary | 8 | | circumstances exist and require probation, shall be | 9 | | sentenced to: (i) a term of imprisonment of not less than 3 | 10 | | years and not more than 14 years if the violation resulted | 11 | | in the death of one person; or (ii) a term of imprisonment | 12 | | of not less than 6 years and not more than 28 years if the | 13 | | violation resulted in the deaths of 2 or more persons. | 14 | | (H) For a violation of subparagraph (J) of paragraph | 15 | | (1) of this subsection (d), a mandatory fine of $2,500, and | 16 | | 25 days of community service in a program benefiting | 17 | | children shall be imposed in addition to any other criminal | 18 | | or administrative sanction. | 19 | | (I) A violation of subparagraph (K) of paragraph (1) of | 20 | | this subsection (d), is a Class 2 felony and a mandatory | 21 | | fine of $2,500, and 25 days of community service in a | 22 | | program benefiting children shall be imposed in addition to | 23 | | any other criminal or administrative sanction. If the child | 24 | | being transported suffered bodily harm, but not great | 25 | | bodily harm, in a motor vehicle accident, and the violation | 26 | | was the proximate cause of that injury, a mandatory fine of |
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| 1 | | $5,000 and 25 days of community service in a program | 2 | | benefiting children shall be imposed in addition to any | 3 | | other criminal or administrative sanction. | 4 | | (J) A violation of subparagraph (D) of paragraph (1) of | 5 | | this subsection (d) is a Class 3 felony, for which a | 6 | | sentence of probation or conditional discharge may not be | 7 | | imposed. | 8 | | (3) Any person sentenced under this subsection (d) who | 9 | | receives a term of probation or conditional discharge must | 10 | | serve a minimum term of either 480 hours of community | 11 | | service or 10 days of imprisonment as a condition of the | 12 | | probation or conditional discharge in addition to any other | 13 | | criminal or administrative sanction. | 14 | | (e) Any reference to a prior violation of subsection (a) or | 15 | | a similar provision includes any violation of a provision of a | 16 | | local ordinance or a provision of a law of another state or an | 17 | | offense committed on a military installation that is similar to | 18 | | a violation of subsection (a) of this Section. | 19 | | (f) The imposition of a mandatory term of imprisonment or | 20 | | assignment of community service for a violation of this Section | 21 | | shall not be suspended or reduced by the court. | 22 | | (g) Any penalty imposed for driving with a license that has | 23 | | been revoked for a previous violation of subsection (a) of this | 24 | | Section shall be in addition to the penalty imposed for any | 25 | | subsequent violation of subsection (a). | 26 | | (h) For any prosecution under this Section, a certified |
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| 1 | | copy of the driving abstract of the defendant shall be admitted | 2 | | as proof of any prior conviction.
| 3 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; | 4 | | 98-573, eff. 8-27-13; revised 9-19-13.) | 5 | | (625 ILCS 5/11-501.01)
| 6 | | Sec. 11-501.01. Additional administrative sanctions. | 7 | | (a) After a finding of guilt and prior to any final | 8 | | sentencing or an order for supervision, for an offense based | 9 | | upon an arrest for a violation of Section 11-501 or a similar | 10 | | provision of a local ordinance, individuals shall be required | 11 | | to undergo a professional evaluation to determine if an | 12 | | alcohol, drug, or intoxicating compound abuse problem exists | 13 | | and the extent of the problem, and undergo the imposition of | 14 | | treatment as appropriate. Programs conducting these | 15 | | evaluations shall be licensed by the Department of Human | 16 | | Services. The cost of any professional evaluation shall be paid | 17 | | for by the individual required to undergo the professional | 18 | | evaluation. | 19 | | (b) Any person who is found guilty of or pleads guilty to | 20 | | violating Section 11-501, including any person receiving a | 21 | | disposition of court supervision for violating that Section, | 22 | | may be required by the Court to attend a victim impact panel | 23 | | offered by, or under contract with, a county State's Attorney's | 24 | | office, a probation and court services department, Mothers | 25 | | Against Drunk Driving, or the Alliance Against Intoxicated |
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| 1 | | Motorists. All costs generated by the victim impact panel shall | 2 | | be paid from fees collected from the offender or as may be | 3 | | determined by the court. | 4 | | (c) Every person found guilty of violating Section 11-501, | 5 | | whose operation of a motor vehicle while in violation of that | 6 | | Section proximately caused any incident resulting in an | 7 | | appropriate emergency response, shall be liable for the expense | 8 | | of an emergency response as provided in subsection (i) of this | 9 | | Section. | 10 | | (d) The Secretary of State shall revoke the driving | 11 | | privileges of any person convicted under Section 11-501 or a | 12 | | similar provision of a local ordinance. | 13 | | (e) The Secretary of State shall require the use of | 14 | | ignition interlock devices on all vehicles owned by a person | 15 | | who has been convicted of a second or subsequent offense of | 16 | | Section 11-501 , or a first offense for a violation of | 17 | | subparagraph (K) of paragraph (1) of subsection (d) of Section | 18 | | 11-501 of this Code, or a similar provision of a local | 19 | | ordinance. The person must pay to the Secretary of State DUI | 20 | | Administration Fund an amount not to exceed $30 for each month | 21 | | that he or she uses the device. The Secretary shall establish | 22 | | by rule and regulation the procedures for certification and use | 23 | | of the interlock system, the amount of the fee, and the | 24 | | procedures, terms, and conditions relating to these fees. | 25 | | (f) In addition to any other penalties and liabilities, a | 26 | | person who is found guilty of or pleads guilty to violating |
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| 1 | | Section 11-501, including any person placed on court | 2 | | supervision for violating Section 11-501, shall be assessed | 3 | | $750, payable to the circuit clerk, who shall distribute the | 4 | | money as follows: $350 to the law enforcement agency that made | 5 | | the arrest, and $400 shall be forwarded to the State Treasurer | 6 | | for deposit into the General Revenue Fund. If the person has | 7 | | been previously convicted of violating Section 11-501 or a | 8 | | similar provision of a local ordinance, the fine shall be | 9 | | $1,000, and the circuit clerk shall distribute
$200 to the law | 10 | | enforcement agency that
made the arrest and $800 to the State
| 11 | | Treasurer for deposit into the General Revenue Fund. In the | 12 | | event that more than one agency is responsible for the arrest, | 13 | | the amount payable to law enforcement agencies shall be shared | 14 | | equally. Any moneys received by a law enforcement agency under | 15 | | this subsection (f) shall be used for enforcement and | 16 | | prevention of driving while under the influence of alcohol, | 17 | | other drug or drugs, intoxicating compound or compounds or any | 18 | | combination thereof, as defined by Section 11-501 of this Code, | 19 | | including but not limited to the purchase of law enforcement | 20 | | equipment and commodities that will assist in the prevention of | 21 | | alcohol related criminal violence throughout the State; police | 22 | | officer training and education in areas related to alcohol | 23 | | related crime, including but not limited to DUI training; and | 24 | | police officer salaries, including but not limited to salaries | 25 | | for hire back funding for safety checkpoints, saturation | 26 | | patrols, and liquor store sting operations. Any moneys received |
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| 1 | | by the Department of State Police under this subsection (f) | 2 | | shall be deposited into the State Police DUI Fund and shall be | 3 | | used to purchase law enforcement equipment that will assist in | 4 | | the prevention of alcohol related criminal violence throughout | 5 | | the State. | 6 | | (g) The Secretary of State Police DUI Fund is created as a | 7 | | special fund in the State treasury. All moneys received by the | 8 | | Secretary of State Police under subsection (f) of this Section | 9 | | shall be deposited into the Secretary of State Police DUI Fund | 10 | | and, subject to appropriation, shall be used for enforcement | 11 | | and prevention of driving while under the influence of alcohol, | 12 | | other drug or drugs, intoxicating compound or compounds or any | 13 | | combination thereof, as defined by Section 11-501 of this Code, | 14 | | including but not limited to the purchase of law enforcement | 15 | | equipment and commodities to assist in the prevention of | 16 | | alcohol related criminal violence throughout the State; police | 17 | | officer training and education in areas related to alcohol | 18 | | related crime, including but not limited to DUI training; and | 19 | | police officer salaries, including but not limited to salaries | 20 | | for hire back funding for safety checkpoints, saturation | 21 | | patrols, and liquor store sting operations. | 22 | | (h) Whenever an individual is sentenced for an offense | 23 | | based upon an arrest for a violation of Section 11-501 or a | 24 | | similar provision of a local ordinance, and the professional | 25 | | evaluation recommends remedial or rehabilitative treatment or | 26 | | education, neither the treatment nor the education shall be the |
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| 1 | | sole disposition and either or both may be imposed only in | 2 | | conjunction with another disposition. The court shall monitor | 3 | | compliance with any remedial education or treatment | 4 | | recommendations contained in the professional evaluation. | 5 | | Programs conducting alcohol or other drug evaluation or | 6 | | remedial education must be licensed by the Department of Human | 7 | | Services. If the individual is not a resident of Illinois, | 8 | | however, the court may accept an alcohol or other drug | 9 | | evaluation or remedial education program in the individual's | 10 | | state of residence. Programs providing treatment must be | 11 | | licensed under existing applicable alcoholism and drug | 12 | | treatment licensure standards. | 13 | | (i) In addition to any other fine or penalty required by | 14 | | law, an individual convicted of a violation of Section 11-501, | 15 | | Section 5-7 of the Snowmobile Registration and Safety Act, | 16 | | Section 5-16 of the Boat Registration and Safety Act, or a | 17 | | similar provision, whose operation of a motor vehicle, | 18 | | snowmobile, or watercraft while in violation of Section 11-501, | 19 | | Section 5-7 of the Snowmobile Registration and Safety Act, | 20 | | Section 5-16 of the Boat Registration and Safety Act, or a | 21 | | similar provision proximately caused an incident resulting in | 22 | | an appropriate emergency response, shall be required to make | 23 | | restitution to a public agency for the costs of that emergency | 24 | | response. The restitution may not exceed $1,000 per public | 25 | | agency for each emergency response. As used in this subsection | 26 | | (i), "emergency response" means any incident requiring a |
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| 1 | | response by a police officer, a firefighter carried on the | 2 | | rolls of a regularly constituted fire department, or an | 3 | | ambulance. With respect to funds designated for the Department | 4 | | of State Police, the moneys shall be remitted by the circuit | 5 | | court clerk to the State Police within one month after receipt | 6 | | for deposit into the State Police DUI Fund. With respect to | 7 | | funds designated for the Department of Natural Resources, the | 8 | | Department of Natural Resources shall deposit the moneys into | 9 | | the Conservation Police Operations Assistance Fund.
| 10 | | (j) A person that is subject to a chemical test or tests of | 11 | | blood under subsection (a) of Section 11-501.1 or subdivision | 12 | | (c)(2) of Section 11-501.2 of this Code, whether or not that | 13 | | person consents to testing, shall be liable for the expense up | 14 | | to $500 for blood withdrawal by a physician authorized to | 15 | | practice medicine, a licensed physician assistant, a licensed | 16 | | advanced practice nurse, a registered nurse, a trained | 17 | | phlebotomist, a certified paramedic, or a qualified person | 18 | | other than a police officer approved by the Department of State | 19 | | Police to withdraw blood, who responds, whether at a law | 20 | | enforcement facility or a health care facility, to a police | 21 | | department request for the drawing of blood based upon refusal | 22 | | of the person to submit to a lawfully requested breath test or | 23 | | probable cause exists to believe the test would disclose the | 24 | | ingestion, consumption, or use of drugs or intoxicating | 25 | | compounds if: | 26 | | (1) the person is found guilty of violating Section |
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| 1 | | 11-501 of this Code or a similar provision of a local | 2 | | ordinance; or | 3 | | (2) the person pleads guilty to or stipulates to facts | 4 | | supporting a violation of Section 11-503 of this Code or a | 5 | | similar provision of a local ordinance when the plea or | 6 | | stipulation was the result of a plea agreement in which the | 7 | | person was originally charged with violating Section | 8 | | 11-501 of this Code or a similar local ordinance. | 9 | | (Source: P.A. 97-931, eff. 1-1-13; 97-1050, eff. 1-1-13; | 10 | | 98-292, eff. 1-1-14; 98-463, eff. 8-16-13.)
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