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90_HB1200 625 ILCS 5/6-208.1 from Ch. 95 1/2, par. 6-208.1 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501 Amends the Illinois Vehicle Code to change certain provisions dealing with driving while under the influence. Changes the penalties and period of suspension of driving privileges by basing these on the person's alcohol concentration level. Provides that the period of suspension is 270 days (instead of 6 months) and if not a first offender, 2 and one-half years (instead of 2 years) for refusing or failing to complete an alcohol or drug concentration test. Provides that a first offender may be issued a restricted driving permit. Adds the requirement that a breath alcohol interlock ignition device be installed in a person's vehicle if a person with a second or subsequent violation for driving while under the influence is issued a restricted driving permit. Provides that a person convicted for driving while under the influence shall be subject to fines. Provides that a first offender shall be subject to community service. Increases the fine and hours of community service for when the offense was committed while transporting a person 16 years of age or younger (instead of under 16). Adds that after a person is found guilty of driving while under the influence, that person shall be required to complete an approved alcohol or drug education course. Makes other changes. Effective January 1, 1998. LRB9002345NTsbB LRB9002345NTsbB 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Sections 6-208.1 and 11-501. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 changing Sections 6-208.1 and 11-501 as follows: 7 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) 8 Sec. 6-208.1. Period of statutory summary alcohol or 9 other drug related suspension. 10 (a) Unless the statutory summary suspension has been 11 rescinded, any person whose privilege to drive a motor 12 vehicle on the public highways has been summarily suspended, 13 pursuant to Section 11-501.1, shall not be eligible for 14 restoration of the privilege until the expiration of the 15 period as follows: 16 1. 270 daysSix monthsfrom the effective date of 17 the statutory summary suspension for a refusal or failure 18 to complete a test or tests to determine the alcohol or 19 drug concentration, pursuant to Section 11-501.1; or 20 2. 90 daysThree monthsfrom the effective date of 21 the statutory summary suspension imposed following the 22 person's submission to a chemical test thatwhich23 disclosed an alcohol concentration of at least 0.10 but 24 not more than 0.15, not less than 120 days and not more 25 than 150 days from the effective date of the statutory 26 summary suspension when the alcohol concentration was 27 more than 0.15 but not more than 0.20, and not less than 28 150 and not more than 180 days from the effective date of 29 the statutory summary suspension when the alcohol 30 concentration was more than 0.20or more, or 3 months for 31 any amount of a drug, substance, or compound in such -2- LRB9002345NTsbB 1 person's blood or urine resulting from the unlawful use 2 or consumption of cannabis listed in the Cannabis Control 3 Act or a controlled substance listed in the Illinois 4 Controlled Substances Act, pursuant to Section 11-501.1; 5 or 6 3. Two and one-half years from the effective date 7 of the statutory summary suspension for any person other 8 than a first offender who refuses or fails to complete a 9 test or tests to determine the alcohol or drug 10 concentration pursuant to Section 11-501.1; or 11 4. For a person convicted of a second violation 12 within 5 years of the first offense, one year from the 13 effective date of the summary suspension imposedfor any14person other than a first offenderfollowing submission 15 to a chemical test thatwhichdisclosed an alcohol 16 concentration of at least 0.10 but not more than 0.15 17 pursuant to Section 11-501.1, one and one-half years from 18 the effective date of the statutory summary suspension 19 when the alcohol concentration was more than 0.15 but not 20 more than 0.20, 2 years from the effective date of the 21 statutory summary suspension when the alcohol 22 concentration was more than 0.20,or more pursuant to23Section 11-501.1or one year for any amount of a drug, 24 substance, or compound in such person's blood or urine 25 resulting from the unlawful use or consumption of 26 cannabis listed in the Cannabis Control Act or a 27 controlled substance listed in the Illinois Controlled 28 Substances Act; or.29 5. Not less than 10 years from the effective date 30 of the statutory summary suspension for a person 31 convicted of a third or subsequent violation within 5 32 years of the first offense, with an additional 5 years 33 after the expiration of this statutory summary suspension 34 if the person is convicted of a violation of this Code -3- LRB9002345NTsbB 1 during the statutory summary suspension period. 2 (b) Following a statutory summary suspension of the 3 privilege to drive a motor vehicle under Section 11-501.1, 4 full driving privileges shall be restored unless the person 5 is otherwise disqualified by this Code. If the court has 6 reason to believe that the person's driving privilege should 7 not be restored, the court shall notify the Secretary of 8 State prior to the expiration of the statutory summary 9 suspension so appropriate action may be taken pursuant to 10 this Code. 11 (c) Full driving privileges may not be restored until 12 all applicable reinstatement fees, as provided by this Code, 13 have been paid to the Secretary of State and the appropriate 14 entry made to the driver's record. 15 (d) Where a driving privilege has been summarily 16 suspended under Section 11-501.1 and the person is 17 subsequently convicted of violating Section 11-501, or a 18 similar provision of a local ordinance, for the same 19 incident, any period served on statutory summary suspension 20 shall be credited toward the minimum period of revocation of 21 driving privileges imposed pursuant to Section 6-205. 22 (e) Following a statutory summary suspension of driving 23 privileges pursuant to Section 11-501.1, for a first offender 24 with an alcohol concentration of at least 0.10 but not more 25 than 0.20, the circuit court may, after at least 30 days from 26 the effective date of the statutory summary suspension, issue 27 a judicial driving permit as provided in Section 6-206.1. 28 (f) Subsequent to an arrest of a first offender, for any 29 offense as defined in Section 11-501 or a similar provision 30 of a local ordinance, following a statutory summary 31 suspension of driving privileges pursuant to Section 32 11-501.1, for a first offender with an alcohol concentration 33 of at least 0.10 but not more than 0.20, the circuit court 34 may issue a court order directing the Secretary of State to -4- LRB9002345NTsbB 1 issue a judicial driving permit as provided in Section 2 6-206.1. However, this JDP shall not be effective prior to 3 the 31st day of the statutory summary suspension. 4 (g) Following a statutory summary suspension of driving 5 privileges pursuant to Section 11-501.1 where the person was 6 not a first offender, as defined in Section 11-500 and the 7suchperson refused or failed to complete a test or tests to 8 determine the alcohol or drug concentration pursuant to 9 Section 11-501.1, the Secretary of State shall not issue a 10 restricted driving permit. 11 (h) Following a statutory summary suspension of driving 12 privileges pursuant to Section 11-501.1 where the person was 13nota first offender with an alcohol concentration level of 14 more then 0.20 or a person convicted of a second violation 15 within 5 years of the first offenseas defined in Section1611-500and thesuchperson, upon the second violation, 17 submitted to a chemical test which disclosed an alcohol 18 concentration of 0.10.10or more pursuant to Section 19 11-501.1, the Secretary of State may, after at least 90 days 20 from the effective date of the statutory summary suspension, 21 issue a restricted driving permit. A person arrested for a 22 second violation within 5 years of the first offense with an 23 alcohol concentration level of more than 0.15 who is granted 24 a restricted driving permit in accordance with this 25 subsection shall have a breath alcohol interlock ignition 26 device installed on his or her motor vehicle pursuant to 27 rules adopted by the Secretary of State. All costs associated 28 with installing and monitoring the interlocking device shall 29 be assessed as part of the condition of receiving a 30 restricted driving permit. The interlocking device shall 31 conform to standards established by the Secretary of State by 32 rule. 33 (i) Following a statutory summary suspension of driving 34 privileges pursuant to Section 11-501.1 for a person -5- LRB9002345NTsbB 1 convicted of a third or subsequent violation within 5 years 2 of the first offense who submitted to a chemical test which 3 disclosed an alcohol concentration of 0.10 or more pursuant 4 to Section 11-501.1, the Secretary of State may, after the 5 expiration of statutory summary suspension, issue a 6 restricted driving permit for a period of 2 years, after 7 which the person shall be eligible for restoration of full 8 driving privileges. A person receiving a restricted driving 9 permit under this subsection shall have a breath alcohol 10 interlock ignition device installed on his or her motor 11 vehicle pursuant to rules adopted by the Secretary of State. 12 All costs associated with installing and monitoring the 13 interlocking device shall be assessed as part of the 14 condition of receiving a restricted driving permit. The 15 interlocking device shall conform to standards established by 16 the Secretary of State by rule. 17 (Source: P.A. 88-415; 89-203, eff. 7-21-95.) 18 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) 19 (Text of Section before amendment by P.A. 89-507) 20 Sec. 11-501. Driving while under the influence of 21 alcohol, other drug, or combination of both. 22 (a) A person shall not drive or be in actual physical 23 control of any vehicle within this State while: 24 (1) the alcohol concentration in the person's blood 25 or breath is 0.10 or more based on the definition of 26 blood and breath units in Section 11-501.2; 27 (2) under the influence of alcohol; 28 (3) under the influence of any other drug or 29 combination of drugs to a degree that renders the person 30 incapable of safely driving; 31 (4) under the combined influence of alcohol and any 32 other drug or drugs to a degree that renders the person 33 incapable of safely driving; or -6- LRB9002345NTsbB 1 (5) there is any amount of a drug, substance, or 2 compound in the person's blood or urine resulting from 3 the unlawful use or consumption of cannabis listed in the 4 Cannabis Control Act, or a controlled substance listed in 5 the Illinois Controlled Substances Act. 6 (b) The fact that any person charged with violating this 7 Section is or has been legally entitled to use alcohol, or 8 other drugs, or any combination of both, shall not 9 constitute a defense against any charge of violating this 10 Section. 11 (c) Except as provided under paragraphs (c-3) and (d) of 12 this Section, every person convicted of violating this 13 Section or a similar provision of a local ordinance, shall be 14 guilty of a Class A misdemeanor and, in addition to any other 15 criminal or administrative action, for any second conviction 16 of violating this Section or a similar provision of a law of 17 another state or local ordinance committed within 5 years of 18 a previous violation of this Section or a similar provision 19 of a local ordinance shall be mandatorily sentenced to a 20 minimum of 48 consecutive hours of imprisonment or assigned 21 to a minimum of 100 hours of community service as may be 22 determined by the court. Every person convicted of violating 23 this Section or a similar provision of a local ordinance 24 shall be subject to a mandatory minimum fine of $500 and a 25 mandatory 5 days of community service in a program benefiting 26 children if the person committed a violation of paragraph (a) 27 or a similar provision of a local ordinance while 28 transporting a person under age 16. Every person convicted a 29 second time for violating this Section or a similar provision 30 of a local ordinance within 5 years of a previous violation 31 of this Section or a similar provision of a law of another 32 state or local ordinance shall be subject to a mandatory 33 minimum fine of $500 and 10 days of mandatory community 34 service in a program benefiting children if the current -7- LRB9002345NTsbB 1 offense was committed while transporting a person under age 2 16. The imprisonment or assignment under this subsection 3 shall not be subject to suspension nor shall the person be 4 eligible for probation in order to reduce the sentence or 5 assignment. 6 (c-1) A person who violates this Section during a period 7 in which his or her driving privileges are revoked or 8 suspended, where the revocation or suspension was for a 9 violation of this Section or Section 11-501.1 shall, unless 10 sentenced to a term of imprisonment in the penitentiary, in 11 addition to any other criminal or administrative action, be 12 sentenced to a minimum term of 30 consecutive days of 13 imprisonment, 40 days of 24 hour periodic imprisonment or 720 14 hours of community service, as may be determined by the 15 court. This mandatory minimum term of imprisonment or 16 assignment of community service shall not be suspended and 17 shall not be subject to reduction by the court. 18 (c-2) (Blank). 19 (c-3) Every person convicted of violating this Section 20 or a similar provision of a local ordinance who had a child 21 under age 16 in the vehicle at the time of the offense shall 22 have his or her punishment under this Act enhanced by 2 days 23 of imprisonment for a first offense, 10 days of imprisonment 24 for a second offense, 30 days of imprisonment for a third 25 offense, and 90 days of imprisonment for a fourth or 26 subsequent offense, in addition to the fine and community 27 service required under subsection (c) and the possible 28 imprisonment required under subsection (d). The imprisonment 29 or assignment under this subsection shall not be subject to 30 suspension nor shall the person be eligible for probation in 31 order to reduce the sentence or assignment. 32 (d) (1) Every person convicted of committing a violation 33 of this Section shall be guilty of aggravated driving under 34 the influence of alcohol or drugs or a combination of both -8- LRB9002345NTsbB 1 if: 2 (A) the person committed a violation of this 3 Section, or a similar provision of a law of another state 4 or a local ordinance when the cause of action is the same 5 as or substantially similar to this Section, for the 6 third or subsequent time; 7 (B) the person committed a violation of paragraph 8 (a) while driving a school bus with children on board; 9 (C) the person in committing a violation of 10 paragraph (a) was involved in a motor vehicle accident 11 that resulted in great bodily harm or permanent 12 disability or disfigurement to another, when the 13 violation was a proximate cause of the injuries; or 14 (D) the person committed a violation of paragraph 15 (a) for a second time and has been previously convicted 16 of violating Section 9-3 of the Criminal Code of 1961 17 relating to reckless homicide in which the person was 18 determined to have been under the influence of alcohol or 19 any other drug or drugs as an element of the offense or 20 the person has previously been convicted under 21 subparagraph (C) of this paragraph (1). 22 (2) Aggravated driving under the influence of alcohol or 23 drugs or a combination of both is a Class 4 felony for which 24 a person, if sentenced to a term of imprisonment, shall be 25 sentenced to not less than one year and not more than 3 years 26 for a violation of subparagraph (A), (B) or (D) of paragraph 27 (1) of this subsection (d) and not less than one year and not 28 more than 12 years for a violation of subparagraph (C) of 29 paragraph (1) of this subsection (d). 30 (e) After a finding of guilt and prior to any final 31 sentencing, or an order for supervision, for an offense based 32 upon an arrest for a violation of this Section or a similar 33 provision of a local ordinance, individuals shall be required 34 to undergo a professional evaluation to determine if an -9- LRB9002345NTsbB 1 alcohol or other drug abuse problem exists and the extent of 2 the problem. Programs conducting these evaluations shall be 3 licensed by the Department of Alcoholism and Substance Abuse. 4 The cost of any professional evaluation shall be paid for by 5 the individual required to undergo the professional 6 evaluation. 7 (f) Every person found guilty of violating this Section, 8 whose operation of a motor vehicle while in violation of this 9 Section proximately caused any incident resulting in an 10 appropriate emergency response, shall be liable for the 11 expense of an emergency response as provided under Section 12 5-5-3 of the Unified Code of Corrections. 13 (g) The Secretary of State shall revoke the driving 14 privileges of any person convicted under this Section or a 15 similar provision of a local ordinance. 16 (h) Every person sentenced under subsection (d) of this 17 Section and who receives a term of probation or conditional 18 discharge shall be required to serve a minimum term of either 19 30 days community service or, beginning July 1, 1993, 48 20 consecutive hours of imprisonment as a condition of the 21 probation or conditional discharge. This mandatory minimum 22 term of imprisonment or assignment of community service shall 23 not be suspended and shall not be subject to reduction by the 24 court. 25 (i) The Secretary of State shall establish a pilot 26 program to test the effectiveness of ignition interlock 27 device requirements upon individuals who have been arrested 28 for a second or subsequent offense of this Section. The 29 Secretary shall establish by rule and regulation the 30 population and procedures for use of the interlock system. 31 (Source: P.A. 88-45; 88-238; 88-433; 88-670, eff. 12-2-94; 32 88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96; 33 89-203, eff. 7-21-95; 89-626, eff. 8-9-96.) 34 (Text of Section after amendment by P.A. 89-507) -10- LRB9002345NTsbB 1 Sec. 11-501. Driving while under the influence of 2 alcohol, other drug, or combination of both. 3 (a) A person shall not drive or be in actual physical 4 control of any vehicle within this State while: 5 (1) the alcohol concentration in the person's blood 6 or breath is 0.10 or more based on the definition of 7 blood and breath units in Section 11-501.2; 8 (2) under the influence of alcohol; 9 (3) 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 (4) under the combined influence of alcohol and any 13 other drug or drugs to a degree that renders the person 14 incapable of safely driving; or 15 (5) there is any amount of a drug, substance, or 16 compound in the person's blood or urine resulting from 17 the unlawful use or consumption of cannabis listed in the 18 Cannabis Control Act, or a controlled substance listed in 19 the Illinois Controlled Substances Act. 20 (b) The fact that any person charged with violating this 21 Section is or has been legally entitled to use alcohol, or 22 other drugs, or any combination of both, shall not 23 constitute a defense against any charge of violating this 24 Section. 25 (c) Except as provided under paragraphs (c-3) and (d) of 26 this Section, every person convicted of violating this 27 Section or a similar provision of a local ordinance, shall be 28 guilty of a Class A misdemeanor.and,In addition to any 29 other criminal or administrative action, for a first 30 conviction of violating this Section or a similar provision 31 of a local ordinance, a person shall be subject to the 32 following: 33 (1) If the alcohol concentration in the person's 34 blood or breath is at least 0.10 but not more than 0.15, -11- LRB9002345NTsbB 1 (i) a fine of not less than $500 and at least 8 but not 2 more than 16 hours of community service or (ii) a 3 mandatory fine of not less than $750 and 40 hours of 4 community service in a program benefiting children if the 5 person committed the violation while transporting a 6 person 16 years of age or younger. 7 (2) If the alcohol concentration in the person's 8 blood or breath is more than 0.15 but not more than 0.20, 9 (i) a fine of not less than $750 and at least 32 but not 10 more than 40 hours of community service or (ii) a 11 mandatory fine of not less than $1,000 and 40 hours of 12 community service in a program benefiting children if the 13 person committed the violation while transporting a 14 person 16 years of age or younger. 15 (3) If the alcohol concentration in the person's 16 blood or breath is more than 0.20, (i) a fine of not less 17 than $2,500 and at least 60 hours but not more than 80 18 hours of community service or (ii) a mandatory fine of 19 not less than $3,000 and 100 hours of community service 20 in a program benefiting children if the person committed 21 the violation while transporting a person 16 years of age 22 or younger. 23 In addition to any other criminal or administrative 24 action, for any second conviction of violating this Section 25 or a similar provision of a law of another state or local 26 ordinance committed within 5 years of a previous violation of 27 this Section or a similar provision of a local ordinance, a 28 person shall be mandatorily sentenced to a minimum of 48 29 consecutive hours of imprisonment or assigned to a minimum of 30 100 hours of community service as may be determined by the 31 court and shall be subject to the following:.32 (1) If the alcohol concentration in the person's 33 blood or breath is at least 0.10 but not more than 0.15, 34 a fine of not less than $1,000 but not more than $2,500. -12- LRB9002345NTsbB 1 (2) If the alcohol concentration in the person's 2 blood or breath is at least 0.15 but not more than 0.20, 3 a fine of not less than $2,000 but not more than $5,000. 4 (3) If the alcohol concentration in the person's 5 blood or breath is more than 0.20, a fine of not less 6 than $3,000 but not more than $5,000. 7Every person convicted of violating this Section or a similar8provision of a local ordinance shall be subject to a9mandatory minimum fine of $500 and a mandatory 5 days of10community service in a program benefiting children if the11person committed a violation of paragraph (a) or a similar12provision of a local ordinance while transporting a person13under age 16.Every person convicted a second time for 14 violating this Section or a similar provision of a local 15 ordinance within 5 years of a previous violation of this 16 Section or a similar provision of a law of another state or 17 local ordinance shall, if the current offense was committed 18 while transporting a person 16 years of age or younger, be 19 subject to 120 hours ofa mandatory minimum fine of $500 and2010 days ofmandatory community service in a program 21 benefiting children and (i) a mandatory minimum fine of 22 $3,000 if the alcohol concentration level is at least 0.10 23 but not more than 0.15, (ii) $4,000 if the alcohol 24 concentration level is more than 0.15 but not more than 0.20, 25 or (iii) $5,000 if the alcohol concentration level is more 26 than 0.20if the current offense was committed while27transporting a person under age 16. The imprisonment or 28 assignment under this subsection shall not be subject to 29 suspension nor shall the person be eligible for probation in 30 order to reduce the sentence or assignment. 31 (c-1) A person who violates this Section during a period 32 in which his or her driving privileges are revoked or 33 suspended, where the revocation or suspension was for a 34 violation of this Section or Section 11-501.1 shall, unless -13- LRB9002345NTsbB 1 sentenced to a term of imprisonment in the penitentiary, in 2 addition to any other criminal or administrative action, be 3 sentenced to a minimum term of 30 consecutive days of 4 imprisonment, 40 days of 24 hour periodic imprisonment or 720 5 hours of community service, as may be determined by the 6 court. This mandatory minimum term of imprisonment or 7 assignment of community service shall not be suspended and 8 shall not be subject to reduction by the court. 9 (c-2) (Blank). 10 (c-3) Every person convicted of violating this Section 11 or a similar provision of a local ordinance who had a person 12 16 years of age or youngerchild under age 16in the vehicle 13 at the time of the offense shall have his or her punishment 14 under this Act enhanced by 2 days of imprisonment for a first 15 offense, 10 days of imprisonment for a second offense, 30 16 days of imprisonment for a third offense, and 90 days of 17 imprisonment for a fourth or subsequent offense, in addition 18 to the fine and community service required under subsection 19 (c) and the possible imprisonment required under subsection 20 (d). The imprisonment or assignment under this subsection 21 shall not be subject to suspension nor shall the person be 22 eligible for probation in order to reduce the sentence or 23 assignment. 24 (d) (1) Every person convicted of committing a violation 25 of this Section shall be guilty of aggravated driving under 26 the influence of alcohol or drugs or a combination of both 27 if: 28 (A) the person committed a violation of this 29 Section, or a similar provision of a law of another state 30 or a local ordinance when the cause of action is the same 31 as or substantially similar to this Section, for the 32 third or subsequent time; 33 (B) the person committed a violation of paragraph 34 (a) while driving a school bus with children on board; -14- LRB9002345NTsbB 1 (C) the person in committing a violation of 2 paragraph (a) was involved in a motor vehicle accident 3 that resulted in great bodily harm or permanent 4 disability or disfigurement to another, when the 5 violation was a proximate cause of the injuries; or 6 (D) the person committed a violation of paragraph 7 (a) for a second time and has been previously convicted 8 of violating Section 9-3 of the Criminal Code of 1961 9 relating to reckless homicide in which the person was 10 determined to have been under the influence of alcohol or 11 any other drug or drugs as an element of the offense or 12 the person has previously been convicted under 13 subparagraph (C) of this paragraph (1). 14 (2) Aggravated driving under the influence of alcohol or 15 drugs or a combination of both is a Class 4 felony for which 16 a person, if sentenced to a term of imprisonment, shall be 17 sentenced to not less than one year and not more than 3 years 18 for a violation of subparagraph (A), (B) or (D) of paragraph 19 (1) of this subsection (d) and not less than one year and not 20 more than 12 years for a violation of subparagraph (C) of 21 paragraph (1) of this subsection (d). In addition, for a 22 violation of subdivision (A) within 5 years of the first 23 offense, the person shall be subject to a fine of $7,500. If 24 the person committed the violation while transporting a 25 person 16 years of age or younger, the person shall be 26 subject to a mandatory fine of $10,000 and 120 hours of 27 community service in a program benefitting children. 28 (e) After a finding of guilt and prior to any final 29 sentencing, or an order for supervision, for an offense based 30 upon an arrest for a violation of this Section or a similar 31 provision of a local ordinance, individuals shall be required 32 to complete an approved alcohol or drug education course and 33 undergo a professional evaluation to determine if an alcohol 34 or other drug abuse problem exists and the extent of the -15- LRB9002345NTsbB 1 problem. Programs conducting these evaluations shall be 2 licensed by the Department of Human Services. The cost of 3 any professional evaluation shall be paid for by the 4 individual required to undergo the professional evaluation. 5 (f) Every person found guilty of violating this Section, 6 whose operation of a motor vehicle while in violation of this 7 Section proximately caused any incident resulting in an 8 appropriate emergency response, shall be liable for the 9 expense of an emergency response as provided under Section 10 5-5-3 of the Unified Code of Corrections. 11 (g) The Secretary of State shall revoke the driving 12 privileges of any person convicted under this Section or a 13 similar provision of a local ordinance. 14 (h) Every person sentenced under subsection (d) of this 15 Section and who receives a term of probation or conditional 16 discharge shall be required to serve a minimum term of either 17 30 days community service or, beginning July 1, 1993, 48 18 consecutive hours of imprisonment as a condition of the 19 probation or conditional discharge. This mandatory minimum 20 term of imprisonment or assignment of community service shall 21 not be suspended and shall not be subject to reduction by the 22 court. 23 (i) The Secretary of State shall establish a pilot 24 program to test the effectiveness of ignition interlock 25 device requirements upon individuals who have been arrested 26 for a second or subsequent offense of this Section. The 27 Secretary shall establish by rule and regulation the 28 population and procedures for use of the interlock system. 29 (Source: P.A. 88-45; 88-238; 88-433; 88-670, eff. 12-2-94; 30 88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96; 31 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff. 32 8-9-96.) 33 Section 95. No acceleration or delay. Where this Act -16- LRB9002345NTsbB 1 makes changes in a statute that is represented in this Act by 2 text that is not yet or no longer in effect (for example, a 3 Section represented by multiple versions), the use of that 4 text does not accelerate or delay the taking effect of (i) 5 the changes made by this Act or (ii) provisions derived from 6 any other Public Act. 7 Section 99. Effective date. This Act takes effect 8 January 1, 1998.