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92_HB2290sam001 LRB9205083ARpkam 1 AMENDMENT TO HOUSE BILL 2290 2 AMENDMENT NO. . Amend House Bill 2290 as follows: 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 5. The Illinois Vehicle Code is amended by 6 changing Section 11-501 as follows: 7 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) 8 Sec. 11-501. Driving while under the influence of 9 alcohol, other drug or drugs, intoxicating compound or 10 compounds or any combination thereof. 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 0.08 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 intoxicating 18 compound or combination of intoxicating compounds to a 19 degree that renders the person incapable of driving 20 safely; 21 (4) under the influence of any other drug or 22 combination of drugs to a degree that renders the person -2- LRB9205083ARpkam 1 incapable of safely driving; 2 (5) under the combined influence of alcohol, other 3 drug or drugs, or intoxicating compound or compounds to a 4 degree that renders the person incapable of safely 5 driving; or 6 (6) there is any amount of a drug, substance, or 7 compound in the person's breath, blood, or urine 8 resulting from the unlawful use or consumption of 9 cannabis listed in the Cannabis Control Act, a controlled 10 substance listed in the Illinois Controlled Substances 11 Act, or an intoxicating compound listed in the Use of 12 Intoxicating Compounds Act. 13 (b) The fact that any person charged with violating this 14 Section is or has been legally entitled to use alcohol, other 15 drug or drugs, or intoxicating compound or compounds, or any 16 combination thereof, shall not constitute a defense against 17 any charge of violating this Section. 18 (c) Except as provided under paragraphs (c-3) and (d) of 19 this Section, every person convicted of violating this 20 Section or a similar provision of a local ordinance, shall be 21 guilty of a Class A misdemeanor and, in addition to any other 22 criminal or administrative action, for any second conviction 23 of violating this Section or a similar provision of a law of 24 another state or local ordinance committed within 5 years of 25 a previous violation of this Section or a similar provision 26 of a local ordinance shall be mandatorily sentenced to a 27 minimum of 48 consecutive hours of imprisonment or assigned 28 to a minimum of 100 hours of community service as may be 29 determined by the court. Every person convicted of violating 30 this Section or a similar provision of a local ordinance 31 shall be subject to a mandatory minimum fine of $500 and a 32 mandatory 5 days of community service in a program benefiting 33 children if the person committed a violation of paragraph (a) 34 or a similar provision of a local ordinance while -3- LRB9205083ARpkam 1 transporting a person under age 16. Every person convicted a 2 second time for violating this Section or a similar provision 3 of a local ordinance within 5 years of a previous violation 4 of this Section or a similar provision of a law of another 5 state or local ordinance shall be subject to a mandatory 6 minimum fine of $500 and 10 days of mandatory community 7 service in a program benefiting children if the current 8 offense was committed while transporting a person under age 9 16. The imprisonment or assignment under this subsection 10 shall not be subject to suspension nor shall the person be 11 eligible for probation in order to reduce the sentence or 12 assignment. 13 (c-1) (1) A person who violates this Section during a 14 period in which his or her driving privileges are revoked 15 or suspended, where the revocation or suspension was for 16 a violation of this Section, Section 11-501.1, paragraph 17 (b) of Section 11-401, or Section 9-3 of the Criminal 18 Code of 1961 is guilty of a Class 4 felony. 19 (2) A person who violates this Section a third time 20 during a period in which his or her driving privileges 21 are revoked or suspended where the revocation or 22 suspension was for a violation of this Section, Section 23 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 24 of the Criminal Code of 1961 is guilty of a Class 3 25 felony. 26 (3) A person who violates this Section a fourth or 27 subsequent time during a period in which his or her 28 driving privileges are revoked or suspended where the 29 revocation or suspension was for a violation of this 30 Section, Section 11-501.1, paragraph (b) of Section 31 11-401, or Section 9-3 of the Criminal Code of 1961 is 32 guilty of a Class 2 felony. 33 (c-2) (Blank). 34 (c-3) Every person convicted of violating this Section -4- LRB9205083ARpkam 1 or a similar provision of a local ordinance who had a child 2 under age 16 in the vehicle at the time of the offense shall 3 have his or her punishment under this Act enhanced by 2 days 4 of imprisonment for a first offense, 10 days of imprisonment 5 for a second offense, 30 days of imprisonment for a third 6 offense, and 90 days of imprisonment for a fourth or 7 subsequent offense, in addition to the fine and community 8 service required under subsection (c) and the possible 9 imprisonment required under subsection (d). The imprisonment 10 or assignment under this subsection shall not be subject to 11 suspension nor shall the person be eligible for probation in 12 order to reduce the sentence or assignment. 13 (d) (1) Every person convicted of committing a violation 14 of this Section shall be guilty of aggravated driving under 15 the influence of alcohol, other drug or drugs, or 16 intoxicating compound or compounds, or any combination 17 thereof if: 18 (A) the person committed a violation of this 19 Section, or a similar provision of a law of another state 20 or a local ordinance when the cause of action is the same 21 as or substantially similar to this Section, for the 22 third or subsequent time; 23 (B) the person committed a violation of paragraph 24 (a) while driving a school bus with children on board; 25 (C) the person in committing a violation of 26 paragraph (a) was involved in a motor vehicle accident 27 that resulted in great bodily harm or permanent 28 disability or disfigurement to another, when the 29 violation was a proximate cause of the injuries; or 30 (D) the person committed a violation of paragraph 31 (a) for a second time and has been previously convicted 32 of violating Section 9-3 of the Criminal Code of 1961 33 relating to reckless homicide in which the person was 34 determined to have been under the influence of alcohol, -5- LRB9205083ARpkam 1 other drug or drugs, or intoxicating compound or 2 compounds as an element of the offense or the person has 3 previously been convicted under subparagraph (C) of this 4 paragraph (1). 5 (2) Aggravated driving under the influence of alcohol, 6 other drug or drugs, or intoxicating compound or compounds, 7 or any combination thereof is a Class 4 felony. For
which a8 person, if sentenced to a term of imprisonment, shall be9 sentenced to not less than one year and not more than 3 years10 for a violation of subparagraph (A), (B) or (D) of paragraph11 (1) of this subsection (d) and not less than one year and not12 more than 12 years fora violation of subparagraph (C) of 13 paragraph (1) of this subsection (d), the defendant, if 14 sentenced to a term of imprisonment, shall be sentenced to 15 not less than one year nor more than 12 years. For any 16 prosecution under this subsection (d), a certified copy of 17 the driving abstract of the defendant shall be admitted as 18 proof of any prior conviction. 19 (e) After a finding of guilt and prior to any final 20 sentencing, or an order for supervision, for an offense based 21 upon an arrest for a violation of this Section or a similar 22 provision of a local ordinance, individuals shall be required 23 to undergo a professional evaluation to determine if an 24 alcohol, drug, or intoxicating compound abuse problem exists 25 and the extent of the problem. Programs conducting these 26 evaluations shall be licensed by the Department of Human 27 Services. The cost of any professional evaluation shall be 28 paid for by the individual required to undergo the 29 professional evaluation. 30 (f) Every person found guilty of violating this Section, 31 whose operation of a motor vehicle while in violation of this 32 Section proximately caused any incident resulting in an 33 appropriate emergency response, shall be liable for the 34 expense of an emergency response as provided under Section -6- LRB9205083ARpkam 1 5-5-3 of the Unified Code of Corrections. 2 (g) The Secretary of State shall revoke the driving 3 privileges of any person convicted under this Section or a 4 similar provision of a local ordinance. 5 (h) Every person sentenced under subsection (d) of this 6 Section and who receives a term of probation or conditional 7 discharge shall be required to serve a minimum term of either 8 30 days community service or, beginning July 1, 1993, 48 9 consecutive hours of imprisonment as a condition of the 10 probation or conditional discharge. This mandatory minimum 11 term of imprisonment or assignment of community service shall 12 not be suspended and shall not be subject to reduction by the 13 court. 14 (i) The Secretary of State may use ignition interlock 15 device requirements when granting driving relief to 16 individuals who have been arrested for a second or subsequent 17 offense of this Section or a similar provision of a local 18 ordinance. The Secretary shall establish by rule and 19 regulation the procedures for use of the interlock system. 20 (j) In addition to any other penalties and liabilities, 21 a person who is found guilty of or pleads guilty to violating 22 this Section, including any person placed on court 23 supervision for violating this Section, shall be fined $100, 24 payable to the circuit clerk, who shall distribute the money 25 to the law enforcement agency that made the arrest. In the 26 event that more than one agency is responsible for the 27 arrest, the $100 shall be shared equally. Any moneys 28 received by a law enforcement agency under this subsection 29 (j) shall be used to purchase law enforcement equipment that 30 will assist in the prevention of alcohol related criminal 31 violence throughout the State. This shall include, but is 32 not limited to, in-car video cameras, radar and laser speed 33 detection devices, and alcohol breath testers. Any moneys 34 received by the Department of State Police under this -7- LRB9205083ARpkam 1 subsection (j) shall be deposited into the State Police DUI 2 Fund and shall be used to purchase law enforcement equipment 3 that will assist in the prevention of alcohol related 4 criminal violence throughout the State. 5 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 6 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 7 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357, 8 eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.) 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.".
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