State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]

90_SB0113eng

      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.
                                                     LRB9000786NTsb
SB113 Engrossed                                LRB9000786NTsb
 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
SB113 Engrossed             -2-                LRB9000786NTsb
 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
SB113 Engrossed             -3-                LRB9000786NTsb
 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
SB113 Engrossed             -4-                LRB9000786NTsb
 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
SB113 Engrossed             -5-                LRB9000786NTsb
 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
SB113 Engrossed             -6-                LRB9000786NTsb
 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
SB113 Engrossed             -7-                LRB9000786NTsb
 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
SB113 Engrossed             -8-                LRB9000786NTsb
 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
SB113 Engrossed             -9-                LRB9000786NTsb
 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
SB113 Engrossed             -10-               LRB9000786NTsb
 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
SB113 Engrossed             -11-               LRB9000786NTsb
 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
SB113 Engrossed             -12-               LRB9000786NTsb
 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
SB113 Engrossed             -13-               LRB9000786NTsb
 1    becoming law.

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