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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
90_SB0113
625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
Amends the Illinois Vehicle Code to provide that for any
prosecution for violating aggravated driving under the
influence of alcohol or drugs provisions or driving while a
license, permit, or privilege to operate a vehicle is
suspended or revoked provisions, a certified copy of the
driving abstract of the defendant shall be admitted as proof
of any prior conviction. Effective immediately.
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1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 6-303 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 6-303 and 11-501 as follows:
7 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
8 Sec. 6-303. Driving while driver's license, permit or
9 privilege to operate a motor vehicle is suspended or revoked.
10 (a) Any person who drives or is in actual physical
11 control of a motor vehicle on any highway of this State at a
12 time when such person's driver's license, permit or privilege
13 to do so or the privilege to obtain a driver's license or
14 permit is revoked or suspended as provided by this Code or
15 the law of another state, except as may be specifically
16 allowed by a judicial driving permit, family financial
17 responsibility driving permit, probationary license to drive,
18 or a restricted driving permit issued pursuant to this Code
19 or under the law of another state, shall be guilty of a Class
20 A misdemeanor.
21 (b) The Secretary of State upon receiving a report of
22 the conviction of any violation indicating a person was
23 operating a motor vehicle during the time when said person's
24 driver's license, permit or privilege was suspended by the
25 Secretary, by the appropriate authority of another state, or
26 pursuant to Section 11-501.1; except as may be specifically
27 allowed by a probationary license to drive, judicial driving
28 permit or restricted driving permit issued pursuant to this
29 Code or the law of another state; shall extend the suspension
30 for the same period of time as the originally imposed
31 suspension; however, if the period of suspension has then
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1 expired, the Secretary shall be authorized to suspend said
2 person's driving privileges for the same period of time as
3 the originally imposed suspension; and if the conviction was
4 upon a charge which indicated that a vehicle was operated
5 during the time when the person's driver's license, permit or
6 privilege was revoked; except as may be allowed by a
7 restricted driving permit issued pursuant to this Code or the
8 law of another state; the Secretary shall not issue a
9 driver's license for an additional period of one year from
10 the date of such conviction indicating such person was
11 operating a vehicle during such period of revocation.
12 (c) Any person convicted of violating this Section shall
13 serve a minimum term of imprisonment of 7 consecutive days or
14 30 days of community service when the person's driving
15 privilege was revoked or suspended as a result of:
16 (1) a violation of Section 11-501 of this Code or a
17 similar provision of a local ordinance relating to the
18 offense of operating or being in physical control of a
19 vehicle while under the influence of alcohol, any other
20 drug or any combination thereof; or
21 (2) a violation of paragraph (b) of Section 11-401
22 of this Code or a similar provision of a local ordinance
23 relating to the offense of leaving the scene of a motor
24 vehicle accident involving personal injury or death; or
25 (3) a violation of Section 9-3 of the Criminal Code
26 of 1961, as amended, relating to the offense of reckless
27 homicide; or
28 (4) a statutory summary suspension under Section
29 11-501.1 of this Code.
30 Such sentence of imprisonment or community service shall
31 not be subject to suspension in order to reduce such
32 sentence.
33 (d) Any person convicted of a second or subsequent
34 violation of this Section shall be guilty of a Class 4 felony
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1 if the original revocation or suspension was for a violation
2 of Section 11-401 or 11-501 of this Code, or a similar
3 out-of-state offense, or a similar provision of a local
4 ordinance, a violation of Section 9-3 of the Criminal Code of
5 1961, relating to the offense of reckless homicide, or a
6 similar out-of-state offense, or a statutory summary
7 suspension under Section 11-501.1 of this Code. For any
8 prosecution under this Section, a certified copy of the
9 driving abstract of the defendant shall be admitted as proof
10 of any prior conviction.
11 (e) Any person in violation of this Section who is also
12 in violation of Section 7-601 of this Code relating to
13 mandatory insurance requirements, in addition to other
14 penalties imposed under this Section, shall have his or her
15 motor vehicle immediately impounded by the arresting law
16 enforcement officer. The motor vehicle may be released to
17 any licensed driver upon a showing of proof of insurance for
18 the vehicle that was impounded and the notarized written
19 consent for the release by the vehicle owner.
20 (Source: P.A. 88-383; 88-680, eff. 1-1-95; 89-8, eff.
21 3-21-95; 89-92, eff. 7-1-96; 89-159, eff. 1-1-96; 89-626,
22 eff. 8-9-96.)
23 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
24 (Text of Section before amendment by P.A. 89-507)
25 Sec. 11-501. Driving while under the influence of
26 alcohol, other drug, or combination of both.
27 (a) A person shall not drive or be in actual physical
28 control of any vehicle within this State while:
29 (1) the alcohol concentration in the person's blood
30 or breath is 0.10 or more based on the definition of
31 blood and breath units in Section 11-501.2;
32 (2) under the influence of alcohol;
33 (3) under the influence of any other drug or
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1 combination of drugs to a degree that renders the person
2 incapable of safely driving;
3 (4) under the combined influence of alcohol and any
4 other drug or drugs to a degree that renders the person
5 incapable of safely driving; or
6 (5) there is any amount of a drug, substance, or
7 compound in the person's blood or urine resulting from
8 the unlawful use or consumption of cannabis listed in the
9 Cannabis Control Act, or a controlled substance listed in
10 the Illinois Controlled Substances Act.
11 (b) The fact that any person charged with violating this
12 Section is or has been legally entitled to use alcohol, or
13 other drugs, or any combination of both, shall not
14 constitute a defense against any charge of violating this
15 Section.
16 (c) Except as provided under paragraphs (c-3) and (d) of
17 this Section, every person convicted of violating this
18 Section or a similar provision of a local ordinance, shall be
19 guilty of a Class A misdemeanor and, in addition to any other
20 criminal or administrative action, for any second conviction
21 of violating this Section or a similar provision of a law of
22 another state or local ordinance committed within 5 years of
23 a previous violation of this Section or a similar provision
24 of a local ordinance shall be mandatorily sentenced to a
25 minimum of 48 consecutive hours of imprisonment or assigned
26 to a minimum of 100 hours of community service as may be
27 determined by the court. Every person convicted of violating
28 this Section or a similar provision of a local ordinance
29 shall be subject to a mandatory minimum fine of $500 and a
30 mandatory 5 days of community service in a program benefiting
31 children if the person committed a violation of paragraph (a)
32 or a similar provision of a local ordinance while
33 transporting a person under age 16. Every person convicted a
34 second time for violating this Section or a similar provision
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1 of a local ordinance within 5 years of a previous violation
2 of this Section or a similar provision of a law of another
3 state or local ordinance shall be subject to a mandatory
4 minimum fine of $500 and 10 days of mandatory community
5 service in a program benefiting children if the current
6 offense was committed while transporting a person under age
7 16. The imprisonment or assignment under this subsection
8 shall not be subject to suspension nor shall the person be
9 eligible for probation in order to reduce the sentence or
10 assignment.
11 (c-1) A person who violates this Section during a period
12 in which his or her driving privileges are revoked or
13 suspended, where the revocation or suspension was for a
14 violation of this Section or Section 11-501.1 shall, unless
15 sentenced to a term of imprisonment in the penitentiary, in
16 addition to any other criminal or administrative action, be
17 sentenced to a minimum term of 30 consecutive days of
18 imprisonment, 40 days of 24 hour periodic imprisonment or 720
19 hours of community service, as may be determined by the
20 court. This mandatory minimum term of imprisonment or
21 assignment of community service shall not be suspended and
22 shall not be subject to reduction by the court.
23 (c-2) (Blank).
24 (c-3) Every person convicted of violating this Section
25 or a similar provision of a local ordinance who had a child
26 under age 16 in the vehicle at the time of the offense shall
27 have his or her punishment under this Act enhanced by 2 days
28 of imprisonment for a first offense, 10 days of imprisonment
29 for a second offense, 30 days of imprisonment for a third
30 offense, and 90 days of imprisonment for a fourth or
31 subsequent offense, in addition to the fine and community
32 service required under subsection (c) and the possible
33 imprisonment required under subsection (d). The imprisonment
34 or assignment under this subsection shall not be subject to
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1 suspension nor shall the person be eligible for probation in
2 order to reduce the sentence or assignment.
3 (d) (1) Every person convicted of committing a violation
4 of this Section shall be guilty of aggravated driving under
5 the influence of alcohol or drugs or a combination of both
6 if:
7 (A) the person committed a violation of this
8 Section, or a similar provision of a law of another state
9 or a local ordinance when the cause of action is the same
10 as or substantially similar to this Section, for the
11 third or subsequent time;
12 (B) the person committed a violation of paragraph
13 (a) while driving a school bus with children on board;
14 (C) the person in committing a violation of
15 paragraph (a) was involved in a motor vehicle accident
16 that resulted in great bodily harm or permanent
17 disability or disfigurement to another, when the
18 violation was a proximate cause of the injuries; or
19 (D) the person committed a violation of paragraph
20 (a) for a second time and has been previously convicted
21 of violating Section 9-3 of the Criminal Code of 1961
22 relating to reckless homicide in which the person was
23 determined to have been under the influence of alcohol or
24 any other drug or drugs as an element of the offense or
25 the person has previously been convicted under
26 subparagraph (C) of this paragraph (1).
27 (2) Aggravated driving under the influence of alcohol or
28 drugs or a combination of both is a Class 4 felony for which
29 a person, if sentenced to a term of imprisonment, shall be
30 sentenced to not less than one year and not more than 3 years
31 for a violation of subparagraph (A), (B) or (D) of paragraph
32 (1) of this subsection (d) and not less than one year and not
33 more than 12 years for a violation of subparagraph (C) of
34 paragraph (1) of this subsection (d). For any prosecution
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1 under this subsection (d), a certified copy of the driving
2 abstract of the defendant shall be admitted as proof of any
3 prior conviction.
4 (e) After a finding of guilt and prior to any final
5 sentencing, or an order for supervision, for an offense based
6 upon an arrest for a violation of this Section or a similar
7 provision of a local ordinance, individuals shall be required
8 to undergo a professional evaluation to determine if an
9 alcohol or other drug abuse problem exists and the extent of
10 the problem. Programs conducting these evaluations shall be
11 licensed by the Department of Alcoholism and Substance Abuse.
12 The cost of any professional evaluation shall be paid for by
13 the individual required to undergo the professional
14 evaluation.
15 (f) Every person found guilty of violating this Section,
16 whose operation of a motor vehicle while in violation of this
17 Section proximately caused any incident resulting in an
18 appropriate emergency response, shall be liable for the
19 expense of an emergency response as provided under Section
20 5-5-3 of the Unified Code of Corrections.
21 (g) The Secretary of State shall revoke the driving
22 privileges of any person convicted under this Section or a
23 similar provision of a local ordinance.
24 (h) Every person sentenced under subsection (d) of this
25 Section and who receives a term of probation or conditional
26 discharge shall be required to serve a minimum term of either
27 30 days community service or, beginning July 1, 1993, 48
28 consecutive hours of imprisonment as a condition of the
29 probation or conditional discharge. This mandatory minimum
30 term of imprisonment or assignment of community service shall
31 not be suspended and shall not be subject to reduction by the
32 court.
33 (i) The Secretary of State shall establish a pilot
34 program to test the effectiveness of ignition interlock
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1 device requirements upon individuals who have been arrested
2 for a second or subsequent offense of this Section. The
3 Secretary shall establish by rule and regulation the
4 population and procedures for use of the interlock system.
5 (Source: P.A. 88-45; 88-238; 88-433; 88-670, eff. 12-2-94;
6 88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
7 89-203, eff. 7-21-95; 89-626, eff. 8-9-96.)
8 (Text of Section after amendment by P.A. 89-507)
9 Sec. 11-501. Driving while under the influence of
10 alcohol, other drug, or combination of both.
11 (a) A person shall not drive or be in actual physical
12 control of any vehicle within this State while:
13 (1) the alcohol concentration in the person's blood
14 or breath is 0.10 or more based on the definition of
15 blood and breath units in Section 11-501.2;
16 (2) under the influence of alcohol;
17 (3) under the influence of any other drug or
18 combination of drugs to a degree that renders the person
19 incapable of safely driving;
20 (4) under the combined influence of alcohol and any
21 other drug or drugs to a degree that renders the person
22 incapable of safely driving; or
23 (5) there is any amount of a drug, substance, or
24 compound in the person's blood or urine resulting from
25 the unlawful use or consumption of cannabis listed in the
26 Cannabis Control Act, or a controlled substance listed in
27 the Illinois Controlled Substances Act.
28 (b) The fact that any person charged with violating this
29 Section is or has been legally entitled to use alcohol, or
30 other drugs, or any combination of both, shall not
31 constitute a defense against any charge of violating this
32 Section.
33 (c) Except as provided under paragraphs (c-3) and (d) of
34 this Section, every person convicted of violating this
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1 Section or a similar provision of a local ordinance, shall be
2 guilty of a Class A misdemeanor and, in addition to any other
3 criminal or administrative action, for any second conviction
4 of violating this Section or a similar provision of a law of
5 another state or local ordinance committed within 5 years of
6 a previous violation of this Section or a similar provision
7 of a local ordinance shall be mandatorily sentenced to a
8 minimum of 48 consecutive hours of imprisonment or assigned
9 to a minimum of 100 hours of community service as may be
10 determined by the court. Every person convicted of violating
11 this Section or a similar provision of a local ordinance
12 shall be subject to a mandatory minimum fine of $500 and a
13 mandatory 5 days of community service in a program benefiting
14 children if the person committed a violation of paragraph (a)
15 or a similar provision of a local ordinance while
16 transporting a person under age 16. Every person convicted a
17 second time for violating this Section or a similar provision
18 of a local ordinance within 5 years of a previous violation
19 of this Section or a similar provision of a law of another
20 state or local ordinance shall be subject to a mandatory
21 minimum fine of $500 and 10 days of mandatory community
22 service in a program benefiting children if the current
23 offense was committed while transporting a person under age
24 16. The imprisonment or assignment under this subsection
25 shall not be subject to suspension nor shall the person be
26 eligible for probation in order to reduce the sentence or
27 assignment.
28 (c-1) A person who violates this Section during a period
29 in which his or her driving privileges are revoked or
30 suspended, where the revocation or suspension was for a
31 violation of this Section or Section 11-501.1 shall, unless
32 sentenced to a term of imprisonment in the penitentiary, in
33 addition to any other criminal or administrative action, be
34 sentenced to a minimum term of 30 consecutive days of
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1 imprisonment, 40 days of 24 hour periodic imprisonment or 720
2 hours of community service, as may be determined by the
3 court. This mandatory minimum term of imprisonment or
4 assignment of community service shall not be suspended and
5 shall not be subject to reduction by the court.
6 (c-2) (Blank).
7 (c-3) Every person convicted of violating this Section
8 or a similar provision of a local ordinance who had a child
9 under age 16 in the vehicle at the time of the offense shall
10 have his or her punishment under this Act enhanced by 2 days
11 of imprisonment for a first offense, 10 days of imprisonment
12 for a second offense, 30 days of imprisonment for a third
13 offense, and 90 days of imprisonment for a fourth or
14 subsequent offense, in addition to the fine and community
15 service required under subsection (c) and the possible
16 imprisonment required under subsection (d). The imprisonment
17 or assignment under this subsection shall not be subject to
18 suspension nor shall the person be eligible for probation in
19 order to reduce the sentence or assignment.
20 (d) (1) Every person convicted of committing a violation
21 of this Section shall be guilty of aggravated driving under
22 the influence of alcohol or drugs or a combination of both
23 if:
24 (A) the person committed a violation of this
25 Section, or a similar provision of a law of another state
26 or a local ordinance when the cause of action is the same
27 as or substantially similar to this Section, for the
28 third or subsequent time;
29 (B) the person committed a violation of paragraph
30 (a) while driving a school bus with children on board;
31 (C) the person in committing a violation of
32 paragraph (a) was involved in a motor vehicle accident
33 that resulted in great bodily harm or permanent
34 disability or disfigurement to another, when the
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1 violation was a proximate cause of the injuries; or
2 (D) the person committed a violation of paragraph
3 (a) for a second time and has been previously convicted
4 of violating Section 9-3 of the Criminal Code of 1961
5 relating to reckless homicide in which the person was
6 determined to have been under the influence of alcohol or
7 any other drug or drugs as an element of the offense or
8 the person has previously been convicted under
9 subparagraph (C) of this paragraph (1).
10 (2) Aggravated driving under the influence of alcohol or
11 drugs or a combination of both is a Class 4 felony for which
12 a person, if sentenced to a term of imprisonment, shall be
13 sentenced to not less than one year and not more than 3 years
14 for a violation of subparagraph (A), (B) or (D) of paragraph
15 (1) of this subsection (d) and not less than one year and not
16 more than 12 years for a violation of subparagraph (C) of
17 paragraph (1) of this subsection (d). For any prosecution
18 under this subsection (d), a certified copy of the driving
19 abstract of the defendant shall be admitted as proof of any
20 prior conviction.
21 (e) After a finding of guilt and prior to any final
22 sentencing, or an order for supervision, for an offense based
23 upon an arrest for a violation of this Section or a similar
24 provision of a local ordinance, individuals shall be required
25 to undergo a professional evaluation to determine if an
26 alcohol or other drug abuse problem exists and the extent of
27 the problem. Programs conducting these evaluations shall be
28 licensed by the Department of Human Services. The cost of
29 any professional evaluation shall be paid for by the
30 individual required to undergo the professional evaluation.
31 (f) Every person found guilty of violating this Section,
32 whose operation of a motor vehicle while in violation of this
33 Section proximately caused any incident resulting in an
34 appropriate emergency response, shall be liable for the
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1 expense of an emergency response as provided under Section
2 5-5-3 of the Unified Code of Corrections.
3 (g) The Secretary of State shall revoke the driving
4 privileges of any person convicted under this Section or a
5 similar provision of a local ordinance.
6 (h) Every person sentenced under subsection (d) of this
7 Section and who receives a term of probation or conditional
8 discharge shall be required to serve a minimum term of either
9 30 days community service or, beginning July 1, 1993, 48
10 consecutive hours of imprisonment as a condition of the
11 probation or conditional discharge. This mandatory minimum
12 term of imprisonment or assignment of community service shall
13 not be suspended and shall not be subject to reduction by the
14 court.
15 (i) The Secretary of State shall establish a pilot
16 program to test the effectiveness of ignition interlock
17 device requirements upon individuals who have been arrested
18 for a second or subsequent offense of this Section. The
19 Secretary shall establish by rule and regulation the
20 population and procedures for use of the interlock system.
21 (Source: P.A. 88-45; 88-238; 88-433; 88-670, eff. 12-2-94;
22 88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
23 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
24 8-9-96.)
25 Section 95. No acceleration or delay. Where this Act
26 makes changes in a statute that is represented in this Act by
27 text that is not yet or no longer in effect (for example, a
28 Section represented by multiple versions), the use of that
29 text does not accelerate or delay the taking effect of (i)
30 the changes made by this Act or (ii) provisions derived from
31 any other Public Act.
32 Section 99. Effective date. This Act takes effect upon
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1 becoming law.