|
||||
Public Act 095-0578 |
||||
| ||||
| ||||
AN ACT concerning transportation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 6-101, 6-206.2, 6-303, and 11-501 and by adding | ||||
Section 11-501.01 as follows:
| ||||
(625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
| ||||
Sec. 6-101. Drivers must have licenses or permits.
| ||||
(a) No person, except those expressly exempted by Section | ||||
6-102, shall
drive any motor vehicle upon a highway in this | ||||
State unless such person has
a valid license or permit, or a | ||||
restricted driving permit, issued under the
provisions of this | ||||
Act.
| ||||
(b) No person shall drive a motor vehicle unless he holds a | ||||
valid
license or permit, or a restricted driving permit issued | ||||
under the
provisions of Section 6-205, 6-206, or 6-113 of this | ||||
Act. Any person to
whom a license is issued under the | ||||
provisions of this Act must surrender to
the Secretary of State | ||||
all valid licenses or permits. No drivers license
shall be | ||||
issued to any person who holds a valid Foreign State license,
| ||||
identification card, or permit
unless such person first | ||||
surrenders to the Secretary of State any such
valid Foreign | ||||
State license,
identification card, or permit.
|
(b-5) Any person who commits a violation of subsection (a) | ||
or (b) of this Section is guilty of a Class A misdemeanor, if | ||
at the time of the violation the person's driver's license or | ||
permit was cancelled under clause (a)9 of Section 6-201 of this | ||
Code.
| ||
(c) Any person licensed as a driver hereunder shall not be | ||
required by
any city, village, incorporated town or other | ||
municipal corporation to
obtain any other license to exercise | ||
the privilege thereby granted.
| ||
(d) In addition to other penalties imposed under this | ||
Section, any person
in violation of this Section who is also in | ||
violation of Section 7-601 of this
Code relating to mandatory | ||
insurance requirements shall have his or her motor
vehicle | ||
immediately impounded by the arresting law enforcement | ||
officer. The
motor vehicle may be released to any licensed | ||
driver upon a showing of proof of
insurance for the motor | ||
vehicle that was impounded and the notarized written
consent | ||
for the release by the vehicle owner.
| ||
(e) In addition to other penalties imposed under this | ||
Section, the
vehicle
of any person
in violation of this Section | ||
who is also in violation of Section 7-601 of this
Code relating | ||
to mandatory insurance requirements and who, in violating this
| ||
Section, has caused death or personal injury to another person | ||
is subject to
forfeiture under
Sections 36-1 and 36-2 of the | ||
Criminal Code of 1961.
For the purposes of this Section, a | ||
personal injury shall include
any type A injury as indicated on |
the traffic accident report completed
by a law enforcement | ||
officer that requires immediate professional attention
in | ||
either a doctor's office or a medical facility. A type A injury | ||
shall
include severely bleeding wounds, distorted extremities, | ||
and injuries that
require the injured party to be carried from | ||
the scene.
| ||
(Source: P.A. 93-187, eff. 7-11-03; 93-895, eff. 1-1-05; | ||
94-993, eff. 1-1-07.)
| ||
(625 ILCS 5/6-206.2)
| ||
Sec. 6-206.2. Violations relating to an ignition interlock | ||
device.
| ||
(a) It is unlawful for any person whose driving privilege | ||
is restricted
by being prohibited from operating a motor | ||
vehicle not equipped with an
ignition interlock device to | ||
request or solicit any other person to blow into
an ignition | ||
interlock device or to start a motor vehicle equipped with the
| ||
device for the purpose of providing the person so restricted | ||
with an operable
motor vehicle.
| ||
(b) It is unlawful to blow into an ignition interlock | ||
device or to start
a motor vehicle equipped with the device for | ||
the purpose of providing an
operable motor vehicle to a person | ||
whose driving privilege is restricted
by being prohibited from | ||
operating a motor vehicle not equipped with an
ignition | ||
interlock device.
| ||
(c) It is unlawful to tamper with, or circumvent the |
operation of, an
ignition interlock device.
| ||
(d) Except as provided in subsection (c)(17) of Section | ||
5-6-3.1 of the
Unified Code of Corrections or by rule, no | ||
person shall knowingly rent, lease,
or lend a motor vehicle to | ||
a person known to have his or her driving privilege
restricted | ||
by being prohibited from operating a vehicle not equipped with | ||
an
ignition interlock device, unless the vehicle is equipped | ||
with a functioning
ignition interlock device. Any person whose | ||
driving privilege is so restricted
shall notify any person | ||
intending to rent, lease, or loan a motor vehicle to
the | ||
restricted person of the driving restriction imposed upon him | ||
or her.
| ||
A person convicted of a violation of this subsection shall | ||
be punished by
imprisonment for not more than 6 months or by a | ||
fine of not more than $5,000,
or both.
| ||
(e) If a person prohibited under Section 11-501.01
| ||
paragraph (2) or paragraph (3) of
subsection (c-4) of Section | ||
11-501
from driving any vehicle not equipped with an ignition | ||
interlock device
nevertheless is convicted of driving a vehicle | ||
that is not equipped with the
device,
that person is prohibited | ||
from driving any vehicle not equipped with an
ignition | ||
interlock device for an additional period of time equal to the | ||
initial
time period that the person was required to use an | ||
ignition interlock device.
| ||
(Source: P.A. 91-127, eff. 1-1-00; 92-418, eff. 8-17-01.)
|
(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| ||
Sec. 6-303. Driving while driver's license, permit or | ||
privilege to
operate a motor vehicle is suspended or revoked.
| ||
(a) Any person who drives or is in actual physical control | ||
of a motor
vehicle on any highway of this State at a time when | ||
such person's driver's
license, permit or privilege to do so or | ||
the privilege to obtain a driver's
license or permit is revoked | ||
or suspended as provided by this Code or the law
of another | ||
state, except as may be specifically allowed by a judicial | ||
driving
permit, family financial responsibility driving | ||
permit, probationary
license to drive, or a restricted driving | ||
permit issued pursuant to this Code
or under the law of another | ||
state, shall be guilty of a Class A misdemeanor.
| ||
(b) The Secretary of State upon receiving a report of the | ||
conviction
of any violation indicating a person was operating a | ||
motor vehicle during
the time when said person's driver's | ||
license, permit or privilege was
suspended by the Secretary, by | ||
the appropriate authority of another state,
or pursuant to | ||
Section 11-501.1; except as may
be specifically allowed by a | ||
probationary license to drive, judicial
driving permit or | ||
restricted driving permit issued pursuant to this Code or
the | ||
law of another state;
shall extend the suspension for the same | ||
period of time as the originally
imposed suspension; however, | ||
if the period of suspension has then expired,
the Secretary | ||
shall be authorized to suspend said person's driving
privileges | ||
for the same period of time as the originally imposed
|
suspension; and if the conviction was upon a charge which | ||
indicated that a
vehicle was operated during the time when the | ||
person's driver's license,
permit or privilege was revoked; | ||
except as may be allowed by a restricted
driving permit issued | ||
pursuant to this Code or the law of another state;
the | ||
Secretary shall not issue
a driver's license for an additional | ||
period of one year from the date of
such conviction indicating | ||
such person was operating a vehicle during such
period of | ||
revocation.
| ||
(c) Any person convicted of violating this Section shall | ||
serve a minimum
term of imprisonment of 10 consecutive days or | ||
30
days of community service
when the person's driving | ||
privilege was revoked or suspended as a result of:
| ||
(1) a violation of Section 11-501 of this Code or a | ||
similar provision
of a local ordinance relating to the | ||
offense of operating or being in physical
control of a | ||
vehicle while under the influence of alcohol, any other | ||
drug
or any combination thereof; or
| ||
(2) a violation of paragraph (b) of Section 11-401 of | ||
this Code or a
similar provision of a local ordinance | ||
relating to the offense of leaving the
scene of a motor | ||
vehicle accident involving personal injury or death; or
| ||
(3) a violation of Section 9-3 of the Criminal Code of | ||
1961, as amended,
relating to the offense of reckless | ||
homicide; or
| ||
(4) a statutory summary suspension under Section |
11-501.1 of this
Code.
| ||
Such sentence of imprisonment or community service shall | ||
not be subject
to suspension in order to reduce such sentence.
| ||
(c-1) Except as provided in subsection (d), any person | ||
convicted of a
second violation of this Section shall be | ||
ordered by the court to serve a
minimum
of 100 hours of | ||
community service.
| ||
(c-2) In addition to other penalties imposed under this | ||
Section, the
court may impose on any person convicted a fourth | ||
time of violating this
Section any of
the following:
| ||
(1) Seizure of the license plates of the person's | ||
vehicle.
| ||
(2) Immobilization of the person's vehicle for a period | ||
of time
to be determined by the court.
| ||
(d) Any person convicted of a second violation of this
| ||
Section shall be guilty of a Class 4 felony and shall serve a | ||
minimum term of
imprisonment of 30 days or 300 hours of | ||
community service, as determined by the
court, if the
| ||
revocation or
suspension was for a violation of Section 11-401 | ||
or 11-501 of this Code,
or a similar out-of-state offense, or a | ||
similar provision of a local
ordinance, a violation of Section | ||
9-3 of the Criminal Code of 1961, relating
to the offense of | ||
reckless homicide, or a similar out-of-state offense, or a
| ||
statutory summary suspension under Section 11-501.1 of this | ||
Code.
| ||
(d-1) Except as provided in subsection (d-2) and subsection |
(d-3), any
person convicted of
a third or subsequent violation | ||
of this Section shall serve a minimum term of
imprisonment of | ||
30 days or 300 hours of community service, as determined by the
| ||
court.
| ||
(d-2) Any person convicted of a third violation of this
| ||
Section is guilty of a Class 4 felony and must serve a minimum | ||
term of
imprisonment of 30 days if the revocation or
suspension | ||
was for a violation of Section 11-401 or 11-501 of this Code,
| ||
or a similar out-of-state offense, or a similar provision of a | ||
local
ordinance, a violation of Section 9-3 of the Criminal | ||
Code of 1961, relating
to the offense of reckless homicide, or | ||
a similar out-of-state offense, or a
statutory summary | ||
suspension under Section 11-501.1 of this Code.
| ||
(d-3) Any person convicted of a fourth, fifth, sixth, | ||
seventh, eighth, or ninth violation of this
Section is guilty | ||
of a Class 4 felony and must serve a minimum term of
| ||
imprisonment of 180 days if the revocation or suspension was | ||
for a
violation of Section 11-401 or 11-501 of this Code, or a | ||
similar out-of-state
offense, or a similar provision of a local | ||
ordinance, a violation of
Section 9-3 of the Criminal Code of | ||
1961, relating to the offense of
reckless homicide, or a | ||
similar out-of-state offense, or a statutory
summary | ||
suspension under Section 11-501.1 of this Code.
| ||
(d-4) Any person convicted of a tenth, eleventh, twelfth, | ||
thirteenth, or fourteenth violation of this Section is guilty | ||
of a Class 3 felony, and is not eligible for probation or |
conditional discharge, if the revocation or suspension was for | ||
a violation of Section 11-401 or 11-501 of this Code, or a | ||
similar out-of-state offense, or a similar provision of a local | ||
ordinance, a violation of Section 9-3 of the Criminal Code of | ||
1961, relating to the offense of reckless homicide, or a | ||
similar out-of-state offense, or a statutory summary | ||
suspension under Section 11-501.1 of this Code. | ||
(d-5) Any person convicted of a fifteenth or subsequent | ||
violation of this Section is guilty of a Class 2 felony, and is | ||
not eligible for probation or conditional discharge, if the | ||
revocation or suspension was for a violation of Section 11-401 | ||
or 11-501 of this Code, or a similar out-of-state offense, or a | ||
similar provision of a local ordinance, a violation of Section | ||
9-3 of the Criminal Code of 1961, relating to the offense of | ||
reckless homicide, or a similar out-of-state offense, or a | ||
statutory summary suspension under Section 11-501.1 of this | ||
Code.
| ||
(e) Any person in violation of this Section who is also in | ||
violation of
Section 7-601 of this Code relating to mandatory | ||
insurance requirements, in
addition to other penalties imposed | ||
under this Section, shall have his or her
motor vehicle | ||
immediately impounded by the arresting law enforcement | ||
officer.
The motor vehicle may be released to any licensed | ||
driver upon a showing of
proof of insurance for the vehicle | ||
that was impounded and the notarized written
consent for the | ||
release by the vehicle owner.
|
(f) For any prosecution under this Section, a certified | ||
copy of the
driving abstract of the defendant shall be admitted | ||
as proof of any prior
conviction.
| ||
(g) The motor vehicle used in a violation of this Section | ||
is subject
to seizure and forfeiture as provided in
Sections | ||
36-1 and 36-2 of the
Criminal Code of 1961 if the person's | ||
driving privilege was revoked
or suspended as a result of a | ||
violation listed in paragraph (1), (2), or
(3) of subsection | ||
(c) of this Section or as a result of a summary
suspension as | ||
provided in paragraph (4) of subsection (c) of this
Section.
| ||
(Source: P.A. 94-112, eff. 1-1-06.)
| ||
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual physical | ||
control of any vehicle within this State while: | ||
(1) the alcohol concentration in the person's blood or | ||
breath is 0.08 or more based on the definition of blood and | ||
breath units in Section 11-501.2; | ||
(2) under the influence of alcohol; | ||
(3) under the influence of any intoxicating compound or | ||
combination of intoxicating compounds to a degree that | ||
renders the person incapable of driving safely; | ||
(4) under the influence of any other drug or |
combination of drugs to a degree that renders the person | ||
incapable of safely driving; | ||
(5) under the combined influence of alcohol, other drug | ||
or drugs, or intoxicating compound or compounds to a degree | ||
that renders the person incapable of safely driving; or | ||
(6) there is any amount of a drug, substance, or | ||
compound in the person's breath, blood, or urine resulting | ||
from the unlawful use or consumption of cannabis listed in | ||
the Cannabis Control Act, a controlled substance listed in | ||
the Illinois Controlled Substances Act, or an intoxicating | ||
compound listed in the Use of Intoxicating Compounds Act.
| ||
(b) The fact that any person charged with violating this | ||
Section is or has been legally entitled to use alcohol, other | ||
drug or drugs, or intoxicating compound or compounds, or any | ||
combination thereof, shall not constitute a defense against any | ||
charge of violating this Section. | ||
(c) Penalties. | ||
(1) Except as otherwise provided in this Section, any | ||
person convicted of violating subsection (a) of this | ||
Section is guilty of a Class A misdemeanor. | ||
(2) A person who violates subsection (a) or a similar | ||
provision a second time shall be sentenced to a mandatory | ||
minimum term of either 5 days of imprisonment or 240 hours | ||
of community service in addition to any other criminal or | ||
administrative sanction. | ||
(3) A person who violates subsection (a) is subject to |
6 months of imprisonment, an additional mandatory minimum | ||
fine of $1,000, and 25 days of community service in a | ||
program benefiting children if the person was transporting | ||
a person under the age of 16 at the time of the violation. | ||
(4) A person who violates subsection (a) a first time, | ||
if the alcohol concentration in his or her blood, breath, | ||
or urine was 0.16 or more based on the definition of blood, | ||
breath, or urine units in Section 11-501.2, shall be | ||
subject, in addition to any other penalty that may be | ||
imposed, to a mandatory minimum of 100 hours of community | ||
service and a mandatory minimum fine of $500. | ||
(5) A person who violates subsection (a) a second time, | ||
if at the time of the second violation the alcohol | ||
concentration in his or her blood, breath, or urine was | ||
0.16 or more based on the definition of blood, breath, or | ||
urine units in Section 11-501.2, shall be subject, in | ||
addition to any other penalty that may be imposed, to a | ||
mandatory minimum of 2 days of imprisonment and a mandatory | ||
minimum fine of $1,250. | ||
(d) Aggravated driving under the influence of alcohol, | ||
other drug or drugs, or intoxicating compound or compounds, or | ||
any combination thereof.
| ||
(1) Every person convicted of committing a violation of | ||
this Section shall be guilty of aggravated driving under | ||
the influence of alcohol, other drug or drugs, or | ||
intoxicating compound or compounds, or any combination |
thereof if: | ||
(A) the person committed a violation of subsection | ||
(a) or a similar provision for the third or subsequent | ||
time; | ||
(B) the person committed a violation of subsection | ||
(a) while driving a school bus with persons 18 years of | ||
age or younger on board; | ||
(C) the person in committing a violation of | ||
subsection (a) was involved in a motor vehicle accident | ||
that resulted in great bodily harm or permanent | ||
disability or disfigurement to another, when the | ||
violation was a proximate cause of the injuries; | ||
(D) the person committed a violation of subsection | ||
(a) for a second time and has been previously convicted | ||
of violating Section 9-3 of the Criminal Code of 1961 | ||
or a similar provision of a law of another state | ||
relating to reckless homicide in which the person was | ||
determined to have been under the influence of alcohol, | ||
other drug or drugs, or intoxicating compound or | ||
compounds as an element of the offense or the person | ||
has previously been convicted under subparagraph (C) | ||
or subparagraph (F) of this paragraph (1); | ||
(E) the person, in committing a violation of | ||
subsection (a) while driving at any speed in a school | ||
speed zone at a time when a speed limit of 20 miles per | ||
hour was in effect under subsection (a) of Section |
11-605 of this Code, was involved in a motor vehicle | ||
accident that resulted in bodily harm, other than great | ||
bodily harm or permanent disability or disfigurement, | ||
to another person, when the violation of subsection (a) | ||
was a proximate cause of the bodily harm; | ||
(F) the person, in committing a violation of | ||
subsection (a), was involved in a motor vehicle, | ||
snowmobile, all-terrain vehicle, or watercraft | ||
accident that resulted in the death of another person, | ||
when the violation of subsection (a) was a proximate | ||
cause of the death; | ||
(G) the person committed a violation of subsection | ||
(a) during a period in which the defendant's driving | ||
privileges are revoked or suspended, where the | ||
revocation or suspension was for a violation of | ||
subsection (a), Section 11-501.1, paragraph (b) of | ||
Section 11-401, or for reckless homicide as defined in | ||
Section 9-3 of the Criminal Code of 1961; | ||
(H) the person committed the violation while he or | ||
she did not possess a driver's license or permit or a | ||
restricted driving permit or a judicial driving | ||
permit; | ||
(I) the person committed the violation while he or | ||
she knew or should have known that the vehicle he or | ||
she was driving was not covered by a liability | ||
insurance policy; |
(J) the person in committing a violation of | ||
subsection (a) was involved in a motor vehicle accident | ||
that resulted in bodily harm, but not great bodily | ||
harm, to the child under the age of 16 being | ||
transported by the person, if the violation was the | ||
proximate cause of the injury; or | ||
(K) the person in committing a second violation of | ||
subsection (a) or a similar provision was transporting | ||
a person under the age of 16. | ||
(2)(A) Except as provided otherwise, a person | ||
convicted of aggravated driving under the influence of | ||
alcohol, other drug or drugs, or intoxicating compound or | ||
compounds, or any combination thereof is guilty of a Class | ||
4 felony. | ||
(B) A third violation of this Section or a similar | ||
provision is a Class 2 felony. If at the time of the third | ||
violation the alcohol concentration in his or her blood, | ||
breath, or urine was 0.16 or more based on the definition | ||
of blood, breath, or urine units in Section 11-501.2, a | ||
mandatory minimum of 90 days of imprisonment and a | ||
mandatory minimum fine of $2,500 shall be imposed in | ||
addition to any other criminal or administrative sanction. | ||
If at the time of the third violation, the defendant was | ||
transporting a person under the age of 16, a mandatory fine | ||
of $25,000 and 25 days of community service in a program | ||
benefiting children shall be imposed in addition to any |
other criminal or administrative sanction. | ||
(C) A fourth violation of this Section or a similar | ||
provision is a Class 2 felony, for which a sentence of | ||
probation or conditional discharge may not be imposed. If | ||
at the time of the violation, the alcohol concentration in | ||
the defendant's blood, breath, or urine was 0.16 or more | ||
based on the definition of blood, breath, or urine units in | ||
Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||
be imposed in addition to any other criminal or | ||
administrative sanction. If at the time of the fourth | ||
violation, the defendant was transporting a person under | ||
the age of 16 a mandatory fine of $25,000 and 25 days of | ||
community service in a program benefiting children shall be | ||
imposed in addition to any other criminal or administrative | ||
sanction. | ||
(D) A fifth violation of this Section or a similar | ||
provision is a Class 1 felony, for which a sentence of | ||
probation or conditional discharge may not be imposed. If | ||
at the time of the violation, the alcohol concentration in | ||
the defendant's blood, breath, or urine was 0.16 or more | ||
based on the definition of blood, breath, or urine units in | ||
Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||
be imposed in addition to any other criminal or | ||
administrative sanction. If at the time of the fifth | ||
violation, the defendant was transporting a person under | ||
the age of 16, a mandatory fine of $25,000, and 25 days of |
community service in a program benefiting children shall be | ||
imposed in addition to any other criminal or administrative | ||
sanction. | ||
(E) A sixth or subsequent violation of this Section or | ||
similar provision is a Class X felony. If at the time of | ||
the violation, the alcohol concentration in the | ||
defendant's blood, breath, or urine was 0.16 or more based | ||
on the definition of blood, breath, or urine units in | ||
Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||
be imposed in addition to any other criminal or | ||
administrative sanction. If at the time of the violation, | ||
the defendant was transporting a person under the age of | ||
16, a mandatory fine of $25,000 and 25 days of community | ||
service in a program benefiting children shall be imposed | ||
in addition to any other criminal or administrative | ||
sanction. | ||
(F) For a violation of subparagraph (C) of paragraph | ||
(1) of this subsection (d), the defendant, if sentenced to | ||
a term of imprisonment, shall be sentenced to not less than | ||
one year nor more than 12 years. | ||
(G) A violation of subparagraph (F) of paragraph (1) of | ||
this subsection (d) is a Class 2 felony, for which the | ||
defendant, unless the court determines that extraordinary | ||
circumstances exist and require probation, shall be | ||
sentenced to: (i) a term of imprisonment of not less than 3 | ||
years and not more than 14 years if the violation resulted |
in the death of one person; or (ii) a term of imprisonment | ||
of not less than 6 years and not more than 28 years if the | ||
violation resulted in the deaths of 2 or more persons. | ||
(H) For a violation of subparagraph (J) of paragraph | ||
(1) of this subsection (d), a mandatory fine of $2,500, and | ||
25 days of community service in a program benefiting | ||
children shall be imposed in addition to any other criminal | ||
or administrative sanction. | ||
(I) A violation of subparagraph (K) of paragraph (1) of | ||
this subsection (d), is a Class 2 felony and a mandatory | ||
fine of $2,500, and 25 days of community service in a | ||
program benefiting children shall be imposed in addition to | ||
any other criminal or administrative sanction. If the child | ||
being transported suffered bodily harm, but not great | ||
bodily harm, in a motor vehicle accident, and the violation | ||
was the proximate cause of that injury, a mandatory fine of | ||
$5,000 and 25 days of community service in a program | ||
benefiting children shall be imposed in addition to any | ||
other criminal or administrative sanction. | ||
(3) Any person sentenced under this subsection (d) who | ||
receives a term of probation or conditional discharge must | ||
serve a minimum term of either 480 hours of community | ||
service or 10 days of imprisonment as a condition of the | ||
probation or conditional discharge in addition to any other | ||
criminal or administrative sanction. | ||
(e) Any reference to a prior violation of subsection (a) or |
a similar provision includes any violation of a provision of a | ||
local ordinance or a provision of a law of another state that | ||
is similar to a violation of subsection (a) of this Section. | ||
(f) The imposition of a mandatory term of imprisonment or | ||
assignment of community service for a violation of this Section | ||
shall not be suspended or reduced by the court. | ||
(g) Any penalty imposed for driving with a license that has | ||
been revoked for a previous violation of subsection (a) of this | ||
Section shall be in addition to the penalty imposed for any | ||
subsequent violation of subsection (a). | ||
(h) For any prosecution under this Section, a certified | ||
copy of the driving abstract of the defendant shall be admitted | ||
as proof of any prior conviction.
| ||
(Text of Section from P.A. 93-1093 and 94-963) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or
drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual
physical | ||
control of any vehicle within this State while:
| ||
(1) the alcohol concentration in the person's blood or | ||
breath is 0.08
or more based on the definition of blood and | ||
breath units in Section 11-501.2;
| ||
(2) under the influence of alcohol;
| ||
(3) under the influence of any intoxicating compound or | ||
combination of
intoxicating compounds to a degree that | ||
renders the person incapable of
driving safely;
|
(4) under the influence of any other drug or | ||
combination of drugs to a
degree that renders the person | ||
incapable of safely driving;
| ||
(5) under the combined influence of alcohol, other drug | ||
or drugs, or
intoxicating compound or compounds to a degree | ||
that renders the person
incapable of safely driving; or
| ||
(6) there is any amount of a drug, substance, or | ||
compound in the
person's breath, blood, or urine resulting | ||
from the unlawful use or consumption
of cannabis listed in | ||
the Cannabis Control Act, a controlled substance listed
in | ||
the Illinois Controlled Substances Act, or an intoxicating | ||
compound listed
in the Use of Intoxicating Compounds Act.
| ||
(b) The fact that any person charged with violating this | ||
Section is or
has been legally entitled to use alcohol, other | ||
drug or drugs, or
intoxicating compound or compounds, or any
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
| ||
(b-1) With regard to penalties imposed under this Section:
| ||
(1) Any reference to a prior violation of subsection | ||
(a) or a similar
provision includes any violation of a | ||
provision of a local ordinance or a
provision of a law of | ||
another state that is similar to a violation of
subsection | ||
(a) of this Section.
| ||
(2) Any penalty imposed for driving with a license that | ||
has been revoked
for a previous violation of subsection (a) | ||
of this Section shall be in
addition to the penalty imposed |
for any subsequent violation of subsection (a).
| ||
(b-2) Except as otherwise provided in this Section, any | ||
person convicted of
violating subsection (a) of this Section is | ||
guilty of a Class A misdemeanor.
| ||
(b-3) In addition to any other criminal or administrative | ||
sanction for any
second conviction of violating subsection (a) | ||
or a similar provision committed
within 5 years of a previous | ||
violation of subsection (a) or a similar
provision, the | ||
defendant shall be sentenced to a mandatory minimum of 5 days | ||
of
imprisonment or assigned a mandatory minimum of 240 hours of | ||
community service
as may be determined by the court.
| ||
(b-4) In the case of a third or subsequent violation | ||
committed within 5
years of a previous violation of subsection | ||
(a) or a similar provision, in
addition to any other criminal | ||
or administrative sanction, a mandatory minimum
term of either | ||
10 days of imprisonment or 480 hours of community service shall
| ||
be imposed.
| ||
(b-5) The imprisonment or assignment of community service | ||
under subsections
(b-3) and (b-4) shall not be subject to | ||
suspension, nor shall the person be
eligible for a reduced | ||
sentence.
| ||
(c) (Blank).
| ||
(c-1) (1) A person who violates subsection (a)
during
a | ||
period in which his
or her driving privileges are revoked | ||
or suspended, where the revocation or
suspension was for a | ||
violation of subsection (a), Section
11-501.1, paragraph |
(b)
of Section 11-401, or for reckless homicide as defined | ||
in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| ||
Class 4 felony.
| ||
(2) A person who violates subsection (a) a third
time, | ||
if the third violation occurs during a period in
which his | ||
or her driving privileges are revoked or suspended where | ||
the
revocation
or suspension was for a violation of | ||
subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||
11-401, or for reckless homicide as defined in Section 9-3
| ||
of the Criminal Code of 1961, is guilty of
a Class 3 | ||
felony; and if the
person receives a term of
probation or | ||
conditional discharge, he or she shall be required to serve | ||
a
mandatory
minimum of 10 days of imprisonment or shall be | ||
assigned a mandatory minimum of
480 hours of community | ||
service, as may be determined by the court, as a
condition | ||
of the probation or conditional discharge. This mandatory | ||
minimum
term of imprisonment or assignment of community | ||
service shall not be suspended
or reduced by the court.
| ||
(2.2) A person who violates subsection (a), if the
| ||
violation occurs during a period in which his or her | ||
driving privileges are
revoked or suspended where the | ||
revocation or suspension was for a violation of
subsection | ||
(a) or Section 11-501.1, shall also be sentenced to an | ||
additional
mandatory minimum term of 30 consecutive days of | ||
imprisonment, 40 days of
24-hour periodic imprisonment, or | ||
720 hours of community service, as may be
determined by the |
court. This mandatory term of imprisonment or assignment of
| ||
community service shall not be suspended or reduced by the | ||
court.
| ||
(3) A person who violates subsection (a) a fourth or
| ||
subsequent time, if the fourth or subsequent violation | ||
occurs
during a period in which his
or her driving | ||
privileges are revoked or suspended where the revocation
or | ||
suspension was for a violation of subsection (a),
Section | ||
11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||
homicide as defined in
Section 9-3
of
the Criminal Code of | ||
1961, is guilty of
a Class 2 felony and is not eligible for | ||
a sentence of probation or
conditional discharge.
| ||
(c-2) (Blank).
| ||
(c-3) (Blank).
| ||
(c-4) (Blank).
| ||
(c-5)(1) A person who violates subsection (a), if the | ||
person was transporting
a person under the age of 16 at the | ||
time of the violation, is subject to an
additional | ||
mandatory minimum fine of $1,000, an additional mandatory | ||
minimum
140 hours of community service, which shall include | ||
40 hours of community
service in a program benefiting | ||
children, and an additional 2 days of
imprisonment. The | ||
imprisonment or assignment of community service under this | ||
subdivision (c-5)(1) is not subject to suspension, nor is | ||
the person eligible for
a reduced sentence.
| ||
(2) Except as provided in subdivisions (c-5)(3) and |
(c-5)(4) a person who
violates
subsection (a) a second | ||
time, if at the time of
the second violation the person was | ||
transporting a person under the age of 16,
is subject to an | ||
additional 10 days of imprisonment, an additional | ||
mandatory
minimum fine of $1,000, and an additional | ||
mandatory minimum 140 hours of
community service, which | ||
shall include 40 hours of community service in a
program | ||
benefiting children.
The imprisonment or assignment of | ||
community service under this subdivision (c-5)(2)
is not | ||
subject to suspension, nor is the person eligible for a | ||
reduced
sentence.
| ||
(3) Except as provided in subdivision (c-5)(4), any | ||
person convicted of
violating subdivision (c-5)(2) or a | ||
similar
provision within 10 years of a previous violation | ||
of subsection (a) or a
similar provision shall receive, in | ||
addition to any other penalty imposed, a
mandatory minimum | ||
12 days imprisonment, an additional 40 hours of mandatory
| ||
community service in a program benefiting children, and a | ||
mandatory minimum
fine of $1,750. The imprisonment or | ||
assignment of community service under this subdivision | ||
(c-5)(3) is not subject to suspension, nor is the person
| ||
eligible for a reduced sentence.
| ||
(4) Any person convicted of violating subdivision | ||
(c-5)(2) or a similar
provision within 5 years of a | ||
previous violation of subsection (a) or a similar
provision | ||
shall receive, in addition to any other penalty imposed, an
|
additional 80 hours of mandatory community service in a | ||
program benefiting
children, an additional mandatory | ||
minimum 12 days of imprisonment, and a
mandatory minimum | ||
fine of $1,750. The imprisonment or assignment of community
| ||
service under this subdivision (c-5)(4)
is not subject to | ||
suspension, nor
is the
person eligible for a reduced | ||
sentence.
| ||
(5) Any person convicted a third time for violating | ||
subsection (a) or a
similar provision, if at the time of | ||
the third violation the person was
transporting a person | ||
under the age of 16, is guilty of a Class 4 felony and | ||
shall
receive, in addition to any other
penalty imposed, an | ||
additional mandatory fine of $1,000, an additional
| ||
mandatory 140 hours of community service, which shall | ||
include 40 hours in a
program benefiting children, and a | ||
mandatory minimum 30 days of imprisonment.
The | ||
imprisonment or assignment of community service under this | ||
subdivision (c-5)(5)
is not subject to suspension, nor is | ||
the person eligible for a reduced
sentence.
| ||
(6) Any person convicted of violating subdivision | ||
(c-5)(5) or a similar
provision a third time within 20 | ||
years of a previous violation of subsection
(a) or a
| ||
similar provision is guilty of a Class 4 felony and shall | ||
receive, in addition
to any other penalty imposed, an | ||
additional mandatory 40 hours of community
service in a | ||
program benefiting children, an additional mandatory fine |
of
$3,000, and a mandatory minimum 120 days of | ||
imprisonment. The imprisonment or
assignment of community | ||
service under this subdivision (c-5)(6) is not subject to
| ||
suspension, nor is the person eligible for a reduced | ||
sentence.
| ||
(7) Any person convicted a fourth or subsequent time | ||
for violating
subsection (a) or a similar provision, if at | ||
the time of the fourth or
subsequent violation the person | ||
was transporting a person under the age of 16,
and if the | ||
person's 3 prior violations of subsection (a) or a
similar | ||
provision
occurred while transporting a person under the | ||
age of 16 or while the alcohol
concentration in his or her | ||
blood, breath, or urine was 0.16 or more based
on the | ||
definition of blood, breath, or urine units in Section | ||
11-501.2, is
guilty of a Class 2 felony, is not eligible | ||
for probation or conditional
discharge, and is subject to a | ||
minimum fine of $3,000.
| ||
(c-6)(1) Any person convicted of a first violation of | ||
subsection (a) or a
similar provision, if the alcohol | ||
concentration in his or her blood, breath, or
urine was | ||
0.16 or more based on the definition of blood, breath, or | ||
urine
units in Section 11-501.2, shall be subject, in | ||
addition to any other penalty
that may be imposed, to a | ||
mandatory minimum of 100 hours of community service
and a | ||
mandatory minimum fine of $500.
| ||
(2) Any person convicted of a second violation of |
subsection (a) or a similar provision committed within 10 | ||
years of a previous violation of subsection (a) or a | ||
similar provision, if at the time of the second violation | ||
of subsection (a) or a similar provision the
alcohol | ||
concentration in his or her blood, breath, or urine was | ||
0.16 or more
based on the definition of blood, breath, or | ||
urine units in Section 11-501.2,
shall be
subject, in | ||
addition to any other penalty that may be imposed, to a | ||
mandatory
minimum of 2 days of imprisonment and a mandatory | ||
minimum fine of $1,250.
| ||
(3) Any person convicted of a third violation of | ||
subsection (a) or a
similar provision within 20 years of a | ||
previous violation of subsection (a) or
a
similar | ||
provision, if at the time of the third violation of | ||
subsection (a) or a
similar provision the alcohol | ||
concentration in his or her blood, breath, or
urine was | ||
0.16 or more based on the definition of blood, breath, or | ||
urine units
in Section 11-501.2, is guilty of a Class 4 | ||
felony and shall be subject, in
addition to any other | ||
penalty that may be imposed, to a mandatory minimum of
90 | ||
days of imprisonment and a mandatory minimum fine of | ||
$2,500.
| ||
(4) Any person convicted of a fourth or subsequent | ||
violation of
subsection
(a) or a similar provision, if at | ||
the time of the fourth or subsequent
violation the alcohol | ||
concentration in his or her blood, breath, or urine was
|
0.16 or more based on the definition of blood, breath, or | ||
urine units in
Section 11-501.2, and if the person's 3 | ||
prior violations of subsection (a) or a
similar provision | ||
occurred while transporting a person under the age of 16 or
| ||
while the alcohol concentration in his or her blood, | ||
breath, or urine was 0.16
or more based on the definition | ||
of blood, breath, or urine units in Section
11-501.2, is | ||
guilty of a Class 2 felony and is not eligible for a | ||
sentence of
probation or conditional discharge and is | ||
subject to a minimum fine of
$2,500.
| ||
(d) (1) Every person convicted of committing a violation of | ||
this Section
shall be guilty of aggravated driving under | ||
the influence of alcohol,
other drug or drugs, or | ||
intoxicating compound or compounds, or any combination
| ||
thereof if:
| ||
(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
| ||
(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
| ||
(C) the person in committing a violation of | ||
subsection
(a) was
involved in a motor vehicle accident | ||
that resulted in great bodily harm or
permanent | ||
disability or disfigurement to another, when the | ||
violation was
a proximate cause of the injuries;
|
(D) the person committed a violation of subsection | ||
(a)
for a
second time and has been previously convicted | ||
of violating Section 9-3 of the
Criminal Code of 1961 | ||
or a similar provision of a law of another state | ||
relating to reckless homicide in which the person was
| ||
determined to have been under the influence of alcohol, | ||
other drug or
drugs, or intoxicating compound or | ||
compounds as an element of the offense or
the person | ||
has previously been convicted
under subparagraph (C) | ||
or subparagraph (F) of this paragraph (1);
| ||
(E) the person, in committing a violation of | ||
subsection (a) while
driving at any speed in a school | ||
speed zone at a time when a speed limit of
20 miles per | ||
hour was in effect under subsection (a) of Section | ||
11-605 of
this Code, was involved in a motor vehicle | ||
accident that resulted in bodily
harm, other than great | ||
bodily harm or permanent disability or disfigurement,
| ||
to another person, when the violation of subsection (a) | ||
was a
proximate cause
of the bodily harm; or
| ||
(F) the person, in committing a violation of | ||
subsection (a), was
involved in a motor vehicle, | ||
snowmobile, all-terrain vehicle, or watercraft
| ||
accident that resulted in
the death of another person, | ||
when the violation of subsection
(a) was
a proximate | ||
cause of the death.
| ||
(2) Except as provided in this paragraph (2), a person |
convicted of
aggravated driving under
the
influence of | ||
alcohol, other drug or
drugs,
or intoxicating compound or | ||
compounds, or any
combination thereof is guilty of a Class | ||
4 felony. For a violation of
subparagraph (C)
of
paragraph | ||
(1) of this subsection (d), the defendant, if sentenced to | ||
a term
of imprisonment, shall be sentenced
to not less than
| ||
one year nor more than 12 years.
Aggravated driving under | ||
the influence of alcohol, other drug or drugs,
or | ||
intoxicating compound or compounds, or any combination | ||
thereof as
defined in subparagraph (F) of paragraph (1) of | ||
this subsection (d) is
a Class 2 felony, for which the | ||
defendant, if sentenced to a term of
imprisonment, shall be | ||
sentenced to: (A) a
term of imprisonment of not less than 3 | ||
years and not more
than 14 years if the violation resulted | ||
in the death of one person; or
(B) a term of imprisonment | ||
of not less than 6 years and not
more than 28 years if the | ||
violation resulted in the deaths of 2 or more
persons.
For | ||
any prosecution under this subsection
(d), a certified copy | ||
of the
driving abstract of the defendant shall be admitted | ||
as proof of any prior
conviction.
Any person sentenced | ||
under this subsection (d) who receives a term of
probation
| ||
or conditional discharge must serve a minimum term of | ||
either 480 hours of
community service or 10 days of | ||
imprisonment as a condition of the probation or
conditional | ||
discharge. This mandatory minimum term of imprisonment or
| ||
assignment of community service may not be suspended or |
reduced by the court.
| ||
(e) After a finding of guilt and prior to any final | ||
sentencing, or an
order for supervision, for an offense based | ||
upon an arrest for a
violation of this Section or a similar | ||
provision of a local ordinance,
individuals shall be required | ||
to undergo a professional evaluation to
determine if an | ||
alcohol, drug, or intoxicating compound abuse problem exists
| ||
and the
extent of the problem, and undergo the imposition of | ||
treatment as appropriate.
Programs conducting these | ||
evaluations shall be
licensed by the Department of Human | ||
Services. The cost of any professional
evaluation shall be paid | ||
for by the
individual
required to undergo the professional | ||
evaluation.
| ||
(e-1) Any person who is found guilty of or pleads guilty to | ||
violating this
Section, including any person receiving a | ||
disposition of court supervision for
violating this Section, | ||
may be required by the Court to attend a victim
impact panel | ||
offered by, or under contract with, a County State's Attorney's
| ||
office, a probation and court services department, Mothers | ||
Against Drunk
Driving,
or the Alliance Against Intoxicated | ||
Motorists.
All costs generated by
the victim impact panel shall | ||
be paid from fees collected from the
offender or as may be | ||
determined by the court.
| ||
(f) Every person found guilty of violating this Section, | ||
whose
operation of a motor vehicle while in violation of this | ||
Section proximately
caused any incident resulting in an |
appropriate emergency response, shall
be liable for the expense | ||
of an emergency response as provided under
Section 5-5-3 of the | ||
Unified Code of Corrections.
| ||
(g) The Secretary of State shall revoke the driving | ||
privileges of any
person convicted under this Section or a | ||
similar provision of a local
ordinance.
| ||
(h) (Blank).
| ||
(i) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by an | ||
individual who has been convicted of a
second
or subsequent | ||
offense of this Section or a similar provision of a local
| ||
ordinance. The Secretary shall establish by rule and regulation | ||
the procedures
for certification and use of the interlock | ||
system.
| ||
(j) In addition to any other penalties and liabilities, a | ||
person who is
found guilty of or pleads guilty to violating | ||
subsection (a), including any
person placed on court | ||
supervision for violating subsection (a), shall be fined
$500, | ||
payable to the
circuit clerk, who shall distribute the money as | ||
follows: 20% to the law enforcement agency
that made the arrest | ||
and 80% shall be forwarded to the State Treasurer for deposit | ||
into the General Revenue Fund. If the person has been | ||
previously convicted of violating
subsection (a) or a similar | ||
provision of a local
ordinance, the fine shall be
$1,000. In | ||
the event that more than one agency is responsible
for the | ||
arrest, the amount payable to law enforcement agencies shall be |
shared equally. Any moneys received
by a law
enforcement agency | ||
under this subsection (j) shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law
enforcement equipment and | ||
commodities that will assist in the prevention of alcohol | ||
related
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations. Equipment and commodities | ||
shall include, but are not limited
to, in-car video cameras, | ||
radar and laser speed detection devices, and alcohol
breath | ||
testers.
Any moneys received by the Department of State Police | ||
under this subsection
(j) shall be deposited into the State | ||
Police DUI Fund and shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the
purchase of law enforcement equipment and | ||
commodities that will assist in the prevention of
alcohol | ||
related criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(k) The Secretary of State Police DUI Fund is created as a | ||
special
fund in the State treasury. All moneys received by the | ||
Secretary of State
Police under subsection (j) of this Section | ||
shall be deposited into the
Secretary of State Police DUI Fund | ||
and, subject to appropriation, shall be
used for enforcement | ||
and prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law enforcement equipment and | ||
commodities to assist in the prevention of
alcohol related | ||
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(l) Whenever an individual is sentenced for an offense | ||
based upon an
arrest for a violation of subsection (a) or a | ||
similar provision of a local
ordinance, and the professional | ||
evaluation recommends remedial or
rehabilitative treatment or | ||
education, neither the treatment nor the education
shall be the | ||
sole disposition and either or both may be imposed only in
| ||
conjunction with another disposition. The court shall monitor |
compliance with
any remedial education or treatment | ||
recommendations contained in the
professional evaluation. | ||
Programs conducting alcohol or other drug evaluation
or | ||
remedial education must be licensed by the Department of Human | ||
Services. If
the individual is not a resident of Illinois, | ||
however, the court may accept an
alcohol or other drug | ||
evaluation or remedial education program in the
individual's | ||
state of residence. Programs providing treatment must be | ||
licensed
under existing applicable alcoholism and drug | ||
treatment licensure standards.
| ||
(m) In addition to any other fine or penalty required by | ||
law, an individual
convicted of a violation of subsection (a), | ||
Section 5-7 of the Snowmobile
Registration and Safety Act, | ||
Section 5-16 of the Boat Registration and Safety
Act, or a | ||
similar provision, whose operation of a motor vehicle, | ||
snowmobile, or
watercraft while in
violation of subsection (a), | ||
Section 5-7 of the Snowmobile Registration and
Safety Act, | ||
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar
provision proximately caused an incident resulting in | ||
an appropriate emergency
response, shall be required to make | ||
restitution to a public agency for the
costs of that emergency | ||
response. The restitution may not exceed $1,000 per
public | ||
agency for each emergency response. As used in this subsection | ||
(m),
"emergency response" means any incident requiring a | ||
response by a police
officer, a firefighter carried on the | ||
rolls of a regularly constituted fire
department, or an |
ambulance.
| ||
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||
93-840, eff. 7-30-04; 93-1093, eff. 3-29-05; 94-963, eff. | ||
6-28-06.)
| ||
(Text of Section from P.A. 94-110 and 94-963) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or
drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual
physical | ||
control of any vehicle within this State while:
| ||
(1) the alcohol concentration in the person's blood or | ||
breath is 0.08
or more based on the definition of blood and | ||
breath units in Section 11-501.2;
| ||
(2) under the influence of alcohol;
| ||
(3) under the influence of any intoxicating compound or | ||
combination of
intoxicating compounds to a degree that | ||
renders the person incapable of
driving safely;
| ||
(4) under the influence of any other drug or | ||
combination of drugs to a
degree that renders the person | ||
incapable of safely driving;
| ||
(5) under the combined influence of alcohol, other drug | ||
or drugs, or
intoxicating compound or compounds to a degree | ||
that renders the person
incapable of safely driving; or
| ||
(6) there is any amount of a drug, substance, or |
compound in the
person's breath, blood, or urine resulting | ||
from the unlawful use or consumption
of cannabis listed in | ||
the Cannabis Control Act, a controlled substance listed
in | ||
the Illinois Controlled Substances Act, or an intoxicating | ||
compound listed
in the Use of Intoxicating Compounds Act.
| ||
(b) The fact that any person charged with violating this | ||
Section is or
has been legally entitled to use alcohol, other | ||
drug or drugs, or
intoxicating compound or compounds, or any
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
| ||
(b-1) With regard to penalties imposed under this Section:
| ||
(1) Any reference to a prior violation of subsection | ||
(a) or a similar
provision includes any violation of a | ||
provision of a local ordinance or a
provision of a law of | ||
another state that is similar to a violation of
subsection | ||
(a) of this Section.
| ||
(2) Any penalty imposed for driving with a license that | ||
has been revoked
for a previous violation of subsection (a) | ||
of this Section shall be in
addition to the penalty imposed | ||
for any subsequent violation of subsection (a).
| ||
(b-2) Except as otherwise provided in this Section, any | ||
person convicted of
violating subsection (a) of this Section is | ||
guilty of a Class A misdemeanor.
| ||
(b-3) In addition to any other criminal or administrative | ||
sanction for any
second conviction of violating subsection (a) | ||
or a similar provision committed
within 5 years of a previous |
violation of subsection (a) or a similar
provision, the | ||
defendant shall be sentenced to a mandatory minimum of 5 days | ||
of
imprisonment or assigned a mandatory minimum of 240 hours of | ||
community service
as may be determined by the court.
| ||
(b-4) In the case of a third or subsequent violation | ||
committed within 5
years of a previous violation of subsection | ||
(a) or a similar provision, in
addition to any other criminal | ||
or administrative sanction, a mandatory minimum
term of either | ||
10 days of imprisonment or 480 hours of community service shall
| ||
be imposed.
| ||
(b-5) The imprisonment or assignment of community service | ||
under subsections
(b-3) and (b-4) shall not be subject to | ||
suspension, nor shall the person be
eligible for a reduced | ||
sentence.
| ||
(c) (Blank).
| ||
(c-1) (1) A person who violates subsection (a)
during
a | ||
period in which his
or her driving privileges are revoked | ||
or suspended, where the revocation or
suspension was for a | ||
violation of subsection (a), Section
11-501.1, paragraph | ||
(b)
of Section 11-401, or for reckless homicide as defined | ||
in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| ||
Class 4 felony.
| ||
(2) A person who violates subsection (a) a third
time, | ||
if the third violation occurs during a period in
which his | ||
or her driving privileges are revoked or suspended where | ||
the
revocation
or suspension was for a violation of |
subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||
11-401, or for reckless homicide as defined in Section 9-3
| ||
of the Criminal Code of 1961, is guilty of
a Class 3 | ||
felony; and if the
person receives a term of
probation or | ||
conditional discharge, he or she shall be required to serve | ||
a
mandatory
minimum of 10 days of imprisonment or shall be | ||
assigned a mandatory minimum of
480 hours of community | ||
service, as may be determined by the court, as a
condition | ||
of the probation or conditional discharge. This mandatory | ||
minimum
term of imprisonment or assignment of community | ||
service shall not be suspended
or reduced by the court.
| ||
(2.2) A person who violates subsection (a), if the
| ||
violation occurs during a period in which his or her | ||
driving privileges are
revoked or suspended where the | ||
revocation or suspension was for a violation of
subsection | ||
(a) or Section 11-501.1, shall also be sentenced to an | ||
additional
mandatory minimum term of 30 consecutive days of | ||
imprisonment, 40 days of
24-hour periodic imprisonment, or | ||
720 hours of community service, as may be
determined by the | ||
court. This mandatory term of imprisonment or assignment of
| ||
community service shall not be suspended or reduced by the | ||
court.
| ||
(3) A person who violates subsection (a) a fourth or
| ||
subsequent time, if the fourth or subsequent violation | ||
occurs
during a period in which his
or her driving | ||
privileges are revoked or suspended where the revocation
or |
suspension was for a violation of subsection (a),
Section | ||
11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||
homicide as defined in
Section 9-3
of
the Criminal Code of | ||
1961, is guilty of
a Class 2 felony and is not eligible for | ||
a sentence of probation or
conditional discharge.
| ||
(c-2) (Blank).
| ||
(c-3) (Blank).
| ||
(c-4) (Blank).
| ||
(c-5) Except as provided in subsection (c-5.1), a person 21 | ||
years of age or older who violates subsection (a), if the | ||
person was transporting
a person under the age of 16 at the | ||
time of the violation, is subject to 6 months of imprisonment, | ||
an
additional mandatory minimum fine of $1,000, and 25 days of | ||
community service in a program benefiting children. The | ||
imprisonment or assignment of community service under this
| ||
subsection (c-5) is not subject to suspension, nor is the | ||
person eligible for
a reduced sentence.
| ||
(c-5.1) A person 21 years of age or older who is convicted | ||
of violating subsection (a) of this Section
a
first time and | ||
who in committing that violation was involved in a motor | ||
vehicle
accident that resulted in bodily harm to the child | ||
under the age of 16 being
transported by the person, if the | ||
violation was the proximate cause of the
injury, is guilty of a | ||
Class 4 felony and is subject to one year of
imprisonment,
a | ||
mandatory fine of $2,500, and 25 days of community service in a | ||
program
benefiting children. The imprisonment or assignment to |
community service under
this subsection (c-5.1) shall not be | ||
subject to suspension, nor shall the person be
eligible for | ||
probation in order to reduce the sentence or assignment.
| ||
(c-6) Except as provided in subsections (c-7) and (c-7.1), | ||
a person 21 years of age or older who
violates
subsection (a) a | ||
second time, if at the time of
the second violation the person | ||
was transporting a person under the age of 16,
is subject to 6 | ||
months of imprisonment, an additional mandatory
minimum fine of | ||
$1,000, and an additional mandatory minimum 140 hours of
| ||
community service, which shall include 40 hours of community | ||
service in a
program benefiting children.
The imprisonment or | ||
assignment of community service under this subsection (c-6)
is | ||
not subject to suspension, nor is the person eligible for a | ||
reduced
sentence.
| ||
(c-7) Except as provided in subsection (c-7.1), any person | ||
21 years of age or older convicted of
violating subsection | ||
(c-6) or a similar
provision within 10 years of a previous | ||
violation of subsection (a) or a
similar provision is guilty of | ||
a Class 4 felony and, in addition to any other penalty imposed, | ||
is subject to one year of
imprisonment, 25 days of mandatory
| ||
community service in a program benefiting children, and a | ||
mandatory
fine of $2,500. The imprisonment or assignment of | ||
community service under this
subsection (c-7) is not subject to | ||
suspension, nor is the person
eligible for a reduced sentence.
| ||
(c-7.1) A person 21 years of age or older who is convicted | ||
of violating subsection (a) of this Section
a
second time |
within 10 years and who in committing that violation was | ||
involved
in a motor vehicle accident that resulted in bodily | ||
harm to the child under the
age of 16 being transported, if the | ||
violation was the proximate cause of the
injury, is guilty of a | ||
Class 4 felony and is subject to 18 months of
imprisonment, a
| ||
mandatory fine of $5,000, and 25 days of community service in a | ||
program
benefiting
children. The imprisonment or assignment to | ||
community service under this
subsection
(c-7.1) shall not be | ||
subject to suspension, nor shall the person be eligible for
| ||
probation in order
to reduce the sentence or assignment.
| ||
(c-8) (Blank).
| ||
(c-9) Any person 21 years of age or older convicted a third | ||
time for violating subsection (a) or a
similar provision, if at | ||
the time of the third violation the person was
transporting a | ||
person under the age of 16, is guilty of a Class 4 felony and is | ||
subject to 18 months of imprisonment, a mandatory fine of | ||
$2,500, and 25 days of community service in a
program | ||
benefiting children.
The imprisonment or assignment of | ||
community service under this subsection (c-9)
is not subject to | ||
suspension, nor is the person eligible for a reduced
sentence.
| ||
(c-10) Any person 21 years of age or older convicted of | ||
violating subsection (c-9) or a similar
provision a third time | ||
within 20 years of a previous violation of subsection
(a) or a
| ||
similar provision is guilty of a Class 3 felony and, in | ||
addition
to any other penalty imposed, is subject to 3 years of | ||
imprisonment, 25 days of community
service in a program |
benefiting children, and a mandatory fine of
$25,000. The | ||
imprisonment or
assignment of community service under this | ||
subsection (c-10) is not subject to
suspension, nor is the | ||
person eligible for a reduced sentence.
| ||
(c-11) Any person 21 years of age or older convicted a | ||
fourth or subsequent time for violating
subsection (a) or a | ||
similar provision, if at the time of the fourth or
subsequent | ||
violation the person was transporting a person under the age of | ||
16,
and if the person's 3 prior violations of subsection (a) or | ||
a similar provision
occurred while transporting a person under | ||
the age of 16 or while the alcohol
concentration in his or her | ||
blood, breath, or urine was 0.16 or more based
on the | ||
definition of blood, breath, or urine units in Section | ||
11-501.2, is
guilty of a Class 2 felony, is not eligible for | ||
probation or conditional
discharge, and is subject to a minimum | ||
fine of $25,000.
| ||
(c-12) Any person convicted of a first violation of | ||
subsection (a) or a
similar provision, if the alcohol | ||
concentration in his or her blood, breath, or
urine was 0.16 or | ||
more based on the definition of blood, breath, or urine
units | ||
in Section 11-501.2, shall be subject, in addition to any other | ||
penalty
that may be imposed, to a mandatory minimum of 100 | ||
hours of community service
and a mandatory minimum fine of | ||
$500.
| ||
(c-13) Any person convicted of a second violation of | ||
subsection (a) or a similar provision committed within 10 years |
of a previous violation of subsection (a) or a similar | ||
provision, if at the time of the second violation of subsection | ||
(a) or a similar provision the
alcohol concentration in his or | ||
her blood, breath, or urine was 0.16 or more
based on the | ||
definition of blood, breath, or urine units in Section | ||
11-501.2,
shall be
subject, in addition to any other penalty | ||
that may be imposed, to a mandatory
minimum of 2 days of | ||
imprisonment and a mandatory minimum fine of $1,250.
| ||
(c-14) Any person convicted of a third violation of | ||
subsection (a) or a
similar provision within 20 years of a | ||
previous violation of subsection (a) or
a
similar provision, if | ||
at the time of the third violation of subsection (a) or a
| ||
similar provision the alcohol concentration in his or her | ||
blood, breath, or
urine was 0.16 or more based on the | ||
definition of blood, breath, or urine units
in Section | ||
11-501.2, is guilty of a Class 4 felony and shall be subject, | ||
in
addition to any other penalty that may be imposed, to a | ||
mandatory minimum of
90 days of imprisonment and a mandatory | ||
minimum fine of $2,500.
| ||
(c-15) Any person convicted of a fourth or subsequent | ||
violation of
subsection
(a) or a similar provision, if at the | ||
time of the fourth or subsequent
violation the alcohol | ||
concentration in his or her blood, breath, or urine was
0.16 or | ||
more based on the definition of blood, breath, or urine units | ||
in
Section 11-501.2, and if the person's 3 prior violations of | ||
subsection (a) or a
similar provision occurred while |
transporting a person under the age of 16 or
while the alcohol | ||
concentration in his or her blood, breath, or urine was 0.16
or | ||
more based on the definition of blood, breath, or urine units | ||
in Section
11-501.2, is guilty of a Class 2 felony and is not | ||
eligible for a sentence of
probation or conditional discharge | ||
and is subject to a minimum fine of
$2,500.
| ||
(d) (1) Every person convicted of committing a violation of | ||
this Section
shall be guilty of aggravated driving under | ||
the influence of alcohol,
other drug or drugs, or | ||
intoxicating compound or compounds, or any combination
| ||
thereof if:
| ||
(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
| ||
(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
| ||
(C) the person in committing a violation of | ||
subsection
(a) was
involved in a motor vehicle accident | ||
that resulted in great bodily harm or
permanent | ||
disability or disfigurement to another, when the | ||
violation was
a proximate cause of the injuries;
| ||
(D) the person committed a violation of subsection | ||
(a)
for a
second time and has been previously convicted | ||
of violating Section 9-3 of the
Criminal Code of 1961 | ||
or a similar provision of a law of another state |
relating to reckless homicide in which the person was
| ||
determined to have been under the influence of alcohol, | ||
other drug or
drugs, or intoxicating compound or | ||
compounds as an element of the offense or
the person | ||
has previously been convicted
under subparagraph (C) | ||
or subparagraph (F) of this paragraph (1);
| ||
(E) the person, in committing a violation of | ||
subsection (a) while
driving at any speed in a school | ||
speed zone at a time when a speed limit of
20 miles per | ||
hour was in effect under subsection (a) of Section | ||
11-605 of
this Code, was involved in a motor vehicle | ||
accident that resulted in bodily
harm, other than great | ||
bodily harm or permanent disability or disfigurement,
| ||
to another person, when the violation of subsection (a) | ||
was a
proximate cause
of the bodily harm; or
| ||
(F) the person, in committing a violation of | ||
subsection (a), was
involved in a motor vehicle, | ||
snowmobile, all-terrain vehicle, or watercraft
| ||
accident that resulted in
the death of another person, | ||
when the violation of subsection
(a) was
a proximate | ||
cause of the death.
| ||
(2) Except as provided in this paragraph (2), a person | ||
convicted of
aggravated driving under
the
influence of | ||
alcohol, other drug or
drugs,
or intoxicating compound or | ||
compounds, or any
combination thereof is guilty of a Class | ||
4 felony. For a violation of
subparagraph (C)
of
paragraph |
(1) of this subsection (d), the defendant, if sentenced to | ||
a term
of imprisonment, shall be sentenced
to not less than
| ||
one year nor more than 12 years.
Aggravated driving under | ||
the influence of alcohol, other drug or drugs,
or | ||
intoxicating compound or compounds, or any combination | ||
thereof as
defined in subparagraph (F) of paragraph (1) of | ||
this subsection (d) is
a Class 2 felony, for which the | ||
defendant, if sentenced to a term of
imprisonment, shall be | ||
sentenced to: (A) a
term of imprisonment of not less than 3 | ||
years and not more
than 14 years if the violation resulted | ||
in the death of one person; or
(B) a term of imprisonment | ||
of not less than 6 years and not
more than 28 years if the | ||
violation resulted in the deaths of 2 or more
persons.
For | ||
any prosecution under this subsection
(d), a certified copy | ||
of the
driving abstract of the defendant shall be admitted | ||
as proof of any prior
conviction.
Any person sentenced | ||
under this subsection (d) who receives a term of
probation
| ||
or conditional discharge must serve a minimum term of | ||
either 480 hours of
community service or 10 days of | ||
imprisonment as a condition of the probation or
conditional | ||
discharge. This mandatory minimum term of imprisonment or
| ||
assignment of community service may not be suspended or | ||
reduced by the court.
| ||
(e) After a finding of guilt and prior to any final | ||
sentencing, or an
order for supervision, for an offense based | ||
upon an arrest for a
violation of this Section or a similar |
provision of a local ordinance,
individuals shall be required | ||
to undergo a professional evaluation to
determine if an | ||
alcohol, drug, or intoxicating compound abuse problem exists
| ||
and the
extent of the problem, and undergo the imposition of | ||
treatment as appropriate.
Programs conducting these | ||
evaluations shall be
licensed by the Department of Human | ||
Services. The cost of any professional
evaluation shall be paid | ||
for by the
individual
required to undergo the professional | ||
evaluation.
| ||
(e-1) Any person who is found guilty of or pleads guilty to | ||
violating this
Section, including any person receiving a | ||
disposition of court supervision for
violating this Section, | ||
may be required by the Court to attend a victim
impact panel | ||
offered by, or under contract with, a County State's Attorney's
| ||
office, a probation and court services department, Mothers | ||
Against Drunk
Driving,
or the Alliance Against Intoxicated | ||
Motorists.
All costs generated by
the victim impact panel shall | ||
be paid from fees collected from the
offender or as may be | ||
determined by the court.
| ||
(f) Every person found guilty of violating this Section, | ||
whose
operation of a motor vehicle while in violation of this | ||
Section proximately
caused any incident resulting in an | ||
appropriate emergency response, shall
be liable for the expense | ||
of an emergency response as provided under
Section 5-5-3 of the | ||
Unified Code of Corrections.
| ||
(g) The Secretary of State shall revoke the driving |
privileges of any
person convicted under this Section or a | ||
similar provision of a local
ordinance.
| ||
(h) (Blank).
| ||
(i) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by an | ||
individual who has been convicted of a
second
or subsequent | ||
offense of this Section or a similar provision of a local
| ||
ordinance. The Secretary shall establish by rule and regulation | ||
the procedures
for certification and use of the interlock | ||
system.
| ||
(j) In addition to any other penalties and liabilities, a | ||
person who is
found guilty of or pleads guilty to violating | ||
subsection (a), including any
person placed on court | ||
supervision for violating subsection (a), shall be fined
$500, | ||
payable to the
circuit clerk, who shall distribute the money as | ||
follows: 20% to the law enforcement agency
that made the arrest | ||
and 80% shall be forwarded to the State Treasurer for deposit | ||
into the General Revenue Fund. If the person has been | ||
previously convicted of violating
subsection (a) or a similar | ||
provision of a local
ordinance, the fine shall be
$1,000. In | ||
the event that more than one agency is responsible
for the | ||
arrest, the amount payable to law enforcement agencies shall be | ||
shared equally. Any moneys received
by a law
enforcement agency | ||
under this subsection (j) shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law
enforcement equipment and | ||
commodities that will assist in the prevention of alcohol | ||
related
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations. Equipment and commodities | ||
shall include, but are not limited
to, in-car video cameras, | ||
radar and laser speed detection devices, and alcohol
breath | ||
testers.
Any moneys received by the Department of State Police | ||
under this subsection
(j) shall be deposited into the State | ||
Police DUI Fund and shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the
purchase of law enforcement equipment and | ||
commodities that will assist in the prevention of
alcohol | ||
related criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(k) The Secretary of State Police DUI Fund is created as a |
special
fund in the State treasury. All moneys received by the | ||
Secretary of State
Police under subsection (j) of this Section | ||
shall be deposited into the
Secretary of State Police DUI Fund | ||
and, subject to appropriation, shall be
used for enforcement | ||
and prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law enforcement equipment and | ||
commodities to assist in the prevention of
alcohol related | ||
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(l) Whenever an individual is sentenced for an offense | ||
based upon an
arrest for a violation of subsection (a) or a | ||
similar provision of a local
ordinance, and the professional | ||
evaluation recommends remedial or
rehabilitative treatment or | ||
education, neither the treatment nor the education
shall be the | ||
sole disposition and either or both may be imposed only in
| ||
conjunction with another disposition. The court shall monitor | ||
compliance with
any remedial education or treatment | ||
recommendations contained in the
professional evaluation. | ||
Programs conducting alcohol or other drug evaluation
or | ||
remedial education must be licensed by the Department of Human |
Services. If
the individual is not a resident of Illinois, | ||
however, the court may accept an
alcohol or other drug | ||
evaluation or remedial education program in the
individual's | ||
state of residence. Programs providing treatment must be | ||
licensed
under existing applicable alcoholism and drug | ||
treatment licensure standards.
| ||
(m) In addition to any other fine or penalty required by | ||
law, an individual
convicted of a violation of subsection (a), | ||
Section 5-7 of the Snowmobile
Registration and Safety Act, | ||
Section 5-16 of the Boat Registration and Safety
Act, or a | ||
similar provision, whose operation of a motor vehicle, | ||
snowmobile, or
watercraft while in
violation of subsection (a), | ||
Section 5-7 of the Snowmobile Registration and
Safety Act, | ||
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar
provision proximately caused an incident resulting in | ||
an appropriate emergency
response, shall be required to make | ||
restitution to a public agency for the
costs of that emergency | ||
response. The restitution may not exceed $1,000 per
public | ||
agency for each emergency response. As used in this subsection | ||
(m),
"emergency response" means any incident requiring a | ||
response by a police
officer, a firefighter carried on the | ||
rolls of a regularly constituted fire
department, or an | ||
ambulance.
| ||
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||
93-840, eff. 7-30-04; 94-110, eff. 1-1-06; 94-963, eff. |
6-28-06.)
| ||
(Text of Section from P.A. 94-113, 94-609, and 94-963) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or
drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual
physical | ||
control of any vehicle within this State while:
| ||
(1) the alcohol concentration in the person's blood or | ||
breath is 0.08
or more based on the definition of blood and | ||
breath units in Section 11-501.2;
| ||
(2) under the influence of alcohol;
| ||
(3) under the influence of any intoxicating compound or | ||
combination of
intoxicating compounds to a degree that | ||
renders the person incapable of
driving safely;
| ||
(4) under the influence of any other drug or | ||
combination of drugs to a
degree that renders the person | ||
incapable of safely driving;
| ||
(5) under the combined influence of alcohol, other drug | ||
or drugs, or
intoxicating compound or compounds to a degree | ||
that renders the person
incapable of safely driving; or
| ||
(6) there is any amount of a drug, substance, or | ||
compound in the
person's breath, blood, or urine resulting | ||
from the unlawful use or consumption
of cannabis listed in | ||
the Cannabis Control Act, a controlled substance listed
in | ||
the Illinois Controlled Substances Act, or an intoxicating |
compound listed
in the Use of Intoxicating Compounds Act.
| ||
(b) The fact that any person charged with violating this | ||
Section is or
has been legally entitled to use alcohol, other | ||
drug or drugs, or
intoxicating compound or compounds, or any
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
| ||
(b-1) With regard to penalties imposed under this Section:
| ||
(1) Any reference to a prior violation of subsection | ||
(a) or a similar
provision includes any violation of a | ||
provision of a local ordinance or a
provision of a law of | ||
another state that is similar to a violation of
subsection | ||
(a) of this Section.
| ||
(2) Any penalty imposed for driving with a license that | ||
has been revoked
for a previous violation of subsection (a) | ||
of this Section shall be in
addition to the penalty imposed | ||
for any subsequent violation of subsection (a).
| ||
(b-2) Except as otherwise provided in this Section, any | ||
person convicted of
violating subsection (a) of this Section is | ||
guilty of a Class A misdemeanor.
| ||
(b-3) In addition to any other criminal or administrative | ||
sanction for any
second conviction of violating subsection (a) | ||
or a similar provision committed
within 5 years of a previous | ||
violation of subsection (a) or a similar
provision, the | ||
defendant shall be sentenced to a mandatory minimum of 5 days | ||
of
imprisonment or assigned a mandatory minimum of 240 hours of | ||
community service
as may be determined by the court.
|
(b-4) In the case of a third or subsequent violation | ||
committed within 5
years of a previous violation of subsection | ||
(a) or a similar provision, in
addition to any other criminal | ||
or administrative sanction, a mandatory minimum
term of either | ||
10 days of imprisonment or 480 hours of community service shall
| ||
be imposed.
| ||
(b-5) The imprisonment or assignment of community service | ||
under subsections
(b-3) and (b-4) shall not be subject to | ||
suspension, nor shall the person be
eligible for a reduced | ||
sentence.
| ||
(c) (Blank).
| ||
(c-1) (1) A person who violates subsection (a)
during
a | ||
period in which his
or her driving privileges are revoked | ||
or suspended, where the revocation or
suspension was for a | ||
violation of subsection (a), Section
11-501.1, paragraph | ||
(b)
of Section 11-401, or for reckless homicide as defined | ||
in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| ||
Class 4 felony.
| ||
(2) A person who violates subsection (a) a third
time, | ||
if the third violation occurs during a period in
which his | ||
or her driving privileges are revoked or suspended where | ||
the
revocation
or suspension was for a violation of | ||
subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||
11-401, or for reckless homicide as defined in Section 9-3
| ||
of the Criminal Code of 1961, is guilty of
a Class 3 | ||
felony. |
(2.1) A person who violates subsection (a) a third | ||
time, if the third
violation occurs during a period in | ||
which his or her driving privileges are
revoked or | ||
suspended where the revocation or suspension was for a | ||
violation of
subsection (a), Section 11-501.1, subsection | ||
(b) of Section 11-401, or for
reckless homicide as defined | ||
in Section
9-3 of the Criminal Code of 1961, is guilty of a | ||
Class 3 felony; and if the
person receives a term of
| ||
probation or conditional discharge, he or she shall be | ||
required to serve a
mandatory
minimum of 10 days of | ||
imprisonment or shall be assigned a mandatory minimum of
| ||
480 hours of community service, as may be determined by the | ||
court, as a
condition of the probation or conditional | ||
discharge. This mandatory minimum
term of imprisonment or | ||
assignment of community service shall not be suspended
or | ||
reduced by the court.
| ||
(2.2) A person who violates subsection (a), if the
| ||
violation occurs during a period in which his or her | ||
driving privileges are
revoked or suspended where the | ||
revocation or suspension was for a violation of
subsection | ||
(a) or Section 11-501.1, shall also be sentenced to an | ||
additional
mandatory minimum term of 30 consecutive days of | ||
imprisonment, 40 days of
24-hour periodic imprisonment, or | ||
720 hours of community service, as may be
determined by the | ||
court. This mandatory term of imprisonment or assignment of
| ||
community service shall not be suspended or reduced by the |
court.
| ||
(3) A person who violates subsection (a) a fourth or
| ||
subsequent time, if the fourth or subsequent violation | ||
occurs
during a period in which his
or her driving | ||
privileges are revoked or suspended where the revocation
or | ||
suspension was for a violation of subsection (a),
Section | ||
11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||
homicide as defined in
Section 9-3
of
the Criminal Code of | ||
1961, is guilty of
a Class 2 felony and is not eligible for | ||
a sentence of probation or
conditional discharge.
| ||
(c-2) (Blank).
| ||
(c-3) (Blank).
| ||
(c-4) (Blank).
| ||
(c-5) A person who violates subsection (a), if the person | ||
was transporting
a person under the age of 16 at the time of | ||
the violation, is subject to an
additional mandatory minimum | ||
fine of $1,000, an additional mandatory minimum
140 hours of | ||
community service, which shall include 40 hours of community
| ||
service in a program benefiting children, and an additional 2 | ||
days of
imprisonment. The imprisonment or assignment of | ||
community service under this
subsection (c-5) is not subject to | ||
suspension, nor is the person eligible for
a reduced sentence.
| ||
(c-6) Except as provided in subsections (c-7) and (c-8) a | ||
person who
violates
subsection (a) a second time, if at the | ||
time of
the second violation the person was transporting a | ||
person under the age of 16,
is subject to an additional 10 days |
of imprisonment, an additional mandatory
minimum fine of | ||
$1,000, and an additional mandatory minimum 140 hours of
| ||
community service, which shall include 40 hours of community | ||
service in a
program benefiting children.
The imprisonment or | ||
assignment of community service under this subsection (c-6)
is | ||
not subject to suspension, nor is the person eligible for a | ||
reduced
sentence.
| ||
(c-7) Except as provided in subsection (c-8), any person | ||
convicted of
violating subsection (c-6) or a similar
provision | ||
within 10 years of a previous violation of subsection (a) or a
| ||
similar provision shall receive, in addition to any other | ||
penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||
additional 40 hours of mandatory
community service in a program | ||
benefiting children, and a mandatory minimum
fine of $1,750. | ||
The imprisonment or assignment of community service under this
| ||
subsection (c-7) is not subject to suspension, nor is the | ||
person
eligible for a reduced sentence.
| ||
(c-8) Any person convicted of violating subsection (c-6) or | ||
a similar
provision within 5 years of a previous violation of | ||
subsection (a) or a similar
provision shall receive, in | ||
addition to any other penalty imposed, an
additional 80 hours | ||
of mandatory community service in a program benefiting
| ||
children, an additional mandatory minimum 12 days of | ||
imprisonment, and a
mandatory minimum fine of $1,750. The | ||
imprisonment or assignment of community
service under this | ||
subsection (c-8) is not subject to suspension, nor
is the
|
person eligible for a reduced sentence.
| ||
(c-9) Any person convicted a third time for violating | ||
subsection (a) or a
similar provision, if at the time of the | ||
third violation the person was
transporting a person under the | ||
age of 16, is guilty of a Class 4 felony and shall
receive, in | ||
addition to any other
penalty imposed, an additional mandatory | ||
fine of $1,000, an additional
mandatory 140 hours of community | ||
service, which shall include 40 hours in a
program benefiting | ||
children, and a mandatory minimum 30 days of imprisonment.
The | ||
imprisonment or assignment of community service under this | ||
subsection (c-9)
is not subject to suspension, nor is the | ||
person eligible for a reduced
sentence.
| ||
(c-10) Any person convicted of violating subsection (c-9) | ||
or a similar
provision a third time within 20 years of a | ||
previous violation of subsection
(a) or a
similar provision is | ||
guilty of a Class 4 felony and shall receive, in addition
to | ||
any other penalty imposed, an additional mandatory 40 hours of | ||
community
service in a program benefiting children, an | ||
additional mandatory fine of
$3,000, and a mandatory minimum | ||
120 days of imprisonment. The imprisonment or
assignment of | ||
community service under this subsection (c-10) is not subject | ||
to
suspension, nor is the person eligible for a reduced | ||
sentence.
| ||
(c-11) Any person convicted a fourth or subsequent time for | ||
violating
subsection (a) or a similar provision, if at the time | ||
of the fourth or
subsequent violation the person was |
transporting a person under the age of 16,
and if the person's | ||
3 prior violations of subsection (a) or a similar provision
| ||
occurred while transporting a person under the age of 16 or | ||
while the alcohol
concentration in his or her blood, breath, or | ||
urine was 0.16 or more based
on the definition of blood, | ||
breath, or urine units in Section 11-501.2, is
guilty of a | ||
Class 2 felony, is not eligible for probation or conditional
| ||
discharge, and is subject to a minimum fine of $3,000.
| ||
(c-12) Any person convicted of a first violation of | ||
subsection (a) or a
similar provision, if the alcohol | ||
concentration in his or her blood, breath, or
urine was 0.16 or | ||
more based on the definition of blood, breath, or urine
units | ||
in Section 11-501.2, shall be subject, in addition to any other | ||
penalty
that may be imposed, to a mandatory minimum of 100 | ||
hours of community service
and a mandatory minimum fine of | ||
$500.
| ||
(c-13) Any person convicted of a second violation of | ||
subsection (a) or a similar provision committed within 10 years | ||
of a previous violation of subsection (a) or a similar | ||
provision committed within 10 years of a previous violation of | ||
subsection (a) or a similar provision, if at the time of the | ||
second violation of subsection (a) the
alcohol concentration in | ||
his or her blood, breath, or urine was 0.16 or more
based on | ||
the definition of blood, breath, or urine units in Section | ||
11-501.2,
shall be
subject, in addition to any other penalty | ||
that may be imposed, to a mandatory
minimum of 2 days of |
imprisonment and a mandatory minimum fine of $1,250.
| ||
(c-14) Any person convicted of a third violation of | ||
subsection (a) or a
similar provision within 20 years of a | ||
previous violation of subsection (a) or
a
similar provision, if | ||
at the time of the third violation of subsection (a) or a
| ||
similar provision the alcohol concentration in his or her | ||
blood, breath, or
urine was 0.16 or more based on the | ||
definition of blood, breath, or urine units
in Section | ||
11-501.2, is guilty of a Class 4 felony and shall be subject, | ||
in
addition to any other penalty that may be imposed, to a | ||
mandatory minimum of
90 days of imprisonment and a mandatory | ||
minimum fine of $2,500.
| ||
(c-15) Any person convicted of a fourth or subsequent | ||
violation of
subsection
(a) or a similar provision, if at the | ||
time of the fourth or subsequent
violation the alcohol | ||
concentration in his or her blood, breath, or urine was
0.16 or | ||
more based on the definition of blood, breath, or urine units | ||
in
Section 11-501.2, and if the person's 3 prior violations of | ||
subsection (a) or a
similar provision occurred while | ||
transporting a person under the age of 16 or
while the alcohol | ||
concentration in his or her blood, breath, or urine was 0.16
or | ||
more based on the definition of blood, breath, or urine units | ||
in Section
11-501.2, is guilty of a Class 2 felony and is not | ||
eligible for a sentence of
probation or conditional discharge | ||
and is subject to a minimum fine of
$2,500.
| ||
(d) (1) Every person convicted of committing a violation of |
this Section
shall be guilty of aggravated driving under | ||
the influence of alcohol,
other drug or drugs, or | ||
intoxicating compound or compounds, or any combination
| ||
thereof if:
| ||
(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
| ||
(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
| ||
(C) the person in committing a violation of | ||
subsection
(a) was
involved in a motor vehicle accident | ||
that resulted in great bodily harm or
permanent | ||
disability or disfigurement to another, when the | ||
violation was
a proximate cause of the injuries;
| ||
(D) the person committed a violation of subsection | ||
(a)
for a
second time and has been previously convicted | ||
of violating Section 9-3 of the
Criminal Code of 1961 | ||
or a similar provision of a law of another state | ||
relating to reckless homicide in which the person was
| ||
determined to have been under the influence of alcohol, | ||
other drug or
drugs, or intoxicating compound or | ||
compounds as an element of the offense or
the person | ||
has previously been convicted
under subparagraph (C) | ||
or subparagraph (F) of this paragraph (1);
| ||
(E) the person, in committing a violation of |
subsection (a) while
driving at any speed in a school | ||
speed zone at a time when a speed limit of
20 miles per | ||
hour was in effect under subsection (a) of Section | ||
11-605 of
this Code, was involved in a motor vehicle | ||
accident that resulted in bodily
harm, other than great | ||
bodily harm or permanent disability or disfigurement,
| ||
to another person, when the violation of subsection (a) | ||
was a
proximate cause
of the bodily harm; or
| ||
(F) the person, in committing a violation of | ||
subsection (a), was
involved in a motor vehicle, | ||
snowmobile, all-terrain vehicle, or watercraft
| ||
accident that resulted in
the death of another person, | ||
when the violation of subsection
(a) was
a proximate | ||
cause of the death.
| ||
(2) Except as provided in this paragraph (2), a person | ||
convicted of
aggravated driving under
the
influence of | ||
alcohol, other drug or
drugs,
or intoxicating compound or | ||
compounds, or any
combination thereof is guilty of a Class | ||
4 felony. For a violation of
subparagraph (C)
of
paragraph | ||
(1) of this subsection (d), the defendant, if sentenced to | ||
a term
of imprisonment, shall be sentenced
to not less than
| ||
one year nor more than 12 years.
Aggravated driving under | ||
the influence of alcohol, other drug or drugs,
or | ||
intoxicating compound or compounds, or any combination | ||
thereof as
defined in subparagraph (F) of paragraph (1) of | ||
this subsection (d) is
a Class 2 felony, for which the |
defendant, unless the court determines that extraordinary | ||
circumstances exist and require probation, shall be | ||
sentenced to: (A) a
term of imprisonment of not less than 3 | ||
years and not more
than 14 years if the violation resulted | ||
in the death of one person; or
(B) a term of imprisonment | ||
of not less than 6 years and not
more than 28 years if the | ||
violation resulted in the deaths of 2 or more
persons.
For | ||
any prosecution under this subsection
(d), a certified copy | ||
of the
driving abstract of the defendant shall be admitted | ||
as proof of any prior
conviction.
Any person sentenced | ||
under this subsection (d) who receives a term of
probation
| ||
or conditional discharge must serve a minimum term of | ||
either 480 hours of
community service or 10 days of | ||
imprisonment as a condition of the probation or
conditional | ||
discharge. This mandatory minimum term of imprisonment or
| ||
assignment of community service may not be suspended or | ||
reduced by the court.
| ||
(e) After a finding of guilt and prior to any final | ||
sentencing, or an
order for supervision, for an offense based | ||
upon an arrest for a
violation of this Section or a similar | ||
provision of a local ordinance,
individuals shall be required | ||
to undergo a professional evaluation to
determine if an | ||
alcohol, drug, or intoxicating compound abuse problem exists
| ||
and the
extent of the problem, and undergo the imposition of | ||
treatment as appropriate.
Programs conducting these | ||
evaluations shall be
licensed by the Department of Human |
Services. The cost of any professional
evaluation shall be paid | ||
for by the
individual
required to undergo the professional | ||
evaluation.
| ||
(e-1) Any person who is found guilty of or pleads guilty to | ||
violating this
Section, including any person receiving a | ||
disposition of court supervision for
violating this Section, | ||
may be required by the Court to attend a victim
impact panel | ||
offered by, or under contract with, a County State's Attorney's
| ||
office, a probation and court services department, Mothers | ||
Against Drunk
Driving,
or the Alliance Against Intoxicated | ||
Motorists.
All costs generated by
the victim impact panel shall | ||
be paid from fees collected from the
offender or as may be | ||
determined by the court.
| ||
(f) Every person found guilty of violating this Section, | ||
whose
operation of a motor vehicle while in violation of this | ||
Section proximately
caused any incident resulting in an | ||
appropriate emergency response, shall
be liable for the expense | ||
of an emergency response as provided under
Section 5-5-3 of the | ||
Unified Code of Corrections.
| ||
(g) The Secretary of State shall revoke the driving | ||
privileges of any
person convicted under this Section or a | ||
similar provision of a local
ordinance.
| ||
(h) (Blank).
| ||
(i) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by an | ||
individual who has been convicted of a
second
or subsequent |
offense of this Section or a similar provision of a local
| ||
ordinance. The Secretary shall establish by rule and regulation | ||
the procedures
for certification and use of the interlock | ||
system.
| ||
(j) In addition to any other penalties and liabilities, a | ||
person who is
found guilty of or pleads guilty to violating | ||
subsection (a), including any
person placed on court | ||
supervision for violating subsection (a), shall be fined
$500, | ||
payable to the
circuit clerk, who shall distribute the money as | ||
follows: 20% to the law enforcement agency
that made the arrest | ||
and 80% shall be forwarded to the State Treasurer for deposit | ||
into the General Revenue Fund. If the person has been | ||
previously convicted of violating
subsection (a) or a similar | ||
provision of a local
ordinance, the fine shall be
$1,000. In | ||
the event that more than one agency is responsible
for the | ||
arrest, the amount payable to law enforcement agencies shall be | ||
shared equally. Any moneys received
by a law
enforcement agency | ||
under this subsection (j) shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law
enforcement equipment and | ||
commodities that will assist in the prevention of alcohol | ||
related
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations. Equipment and commodities | ||
shall include, but are not limited
to, in-car video cameras, | ||
radar and laser speed detection devices, and alcohol
breath | ||
testers.
Any moneys received by the Department of State Police | ||
under this subsection
(j) shall be deposited into the State | ||
Police DUI Fund and shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the
purchase of law enforcement equipment and | ||
commodities that will assist in the prevention of
alcohol | ||
related criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(k) The Secretary of State Police DUI Fund is created as a | ||
special
fund in the State treasury. All moneys received by the | ||
Secretary of State
Police under subsection (j) of this Section | ||
shall be deposited into the
Secretary of State Police DUI Fund | ||
and, subject to appropriation, shall be
used for enforcement | ||
and prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law enforcement equipment and | ||
commodities to assist in the prevention of
alcohol related | ||
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(l) Whenever an individual is sentenced for an offense | ||
based upon an
arrest for a violation of subsection (a) or a | ||
similar provision of a local
ordinance, and the professional | ||
evaluation recommends remedial or
rehabilitative treatment or | ||
education, neither the treatment nor the education
shall be the | ||
sole disposition and either or both may be imposed only in
| ||
conjunction with another disposition. The court shall monitor | ||
compliance with
any remedial education or treatment | ||
recommendations contained in the
professional evaluation. | ||
Programs conducting alcohol or other drug evaluation
or | ||
remedial education must be licensed by the Department of Human | ||
Services. If
the individual is not a resident of Illinois, | ||
however, the court may accept an
alcohol or other drug | ||
evaluation or remedial education program in the
individual's | ||
state of residence. Programs providing treatment must be | ||
licensed
under existing applicable alcoholism and drug | ||
treatment licensure standards.
|
(m) In addition to any other fine or penalty required by | ||
law, an individual
convicted of a violation of subsection (a), | ||
Section 5-7 of the Snowmobile
Registration and Safety Act, | ||
Section 5-16 of the Boat Registration and Safety
Act, or a | ||
similar provision, whose operation of a motor vehicle, | ||
snowmobile, or
watercraft while in
violation of subsection (a), | ||
Section 5-7 of the Snowmobile Registration and
Safety Act, | ||
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar
provision proximately caused an incident resulting in | ||
an appropriate emergency
response, shall be required to make | ||
restitution to a public agency for the
costs of that emergency | ||
response. The restitution may not exceed $1,000 per
public | ||
agency for each emergency response. As used in this subsection | ||
(m),
"emergency response" means any incident requiring a | ||
response by a police
officer, a firefighter carried on the | ||
rolls of a regularly constituted fire
department, or an | ||
ambulance.
| ||
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||
93-840, eff. 7-30-04; 94-113, eff. 1-1-06; 94-609, eff. 1-1-06; | ||
94-963, eff. 6-28-06.)
| ||
(Text of Section from P.A. 94-114 and 94-963) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or
drugs, intoxicating compound or compounds or any | ||
combination thereof.
|
(a) A person shall not drive or be in actual
physical | ||
control of any vehicle within this State while:
| ||
(1) the alcohol concentration in the person's blood or | ||
breath is 0.08
or more based on the definition of blood and | ||
breath units in Section 11-501.2;
| ||
(2) under the influence of alcohol;
| ||
(3) under the influence of any intoxicating compound or | ||
combination of
intoxicating compounds to a degree that | ||
renders the person incapable of
driving safely;
| ||
(4) under the influence of any other drug or | ||
combination of drugs to a
degree that renders the person | ||
incapable of safely driving;
| ||
(5) under the combined influence of alcohol, other drug | ||
or drugs, or
intoxicating compound or compounds to a degree | ||
that renders the person
incapable of safely driving; or
| ||
(6) there is any amount of a drug, substance, or | ||
compound in the
person's breath, blood, or urine resulting | ||
from the unlawful use or consumption
of cannabis listed in | ||
the Cannabis Control Act, a controlled substance listed
in | ||
the Illinois Controlled Substances Act, or an intoxicating | ||
compound listed
in the Use of Intoxicating Compounds Act.
| ||
(b) The fact that any person charged with violating this | ||
Section is or
has been legally entitled to use alcohol, other | ||
drug or drugs, or
intoxicating compound or compounds, or any
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
|
(b-1) With regard to penalties imposed under this Section:
| ||
(1) Any reference to a prior violation of subsection | ||
(a) or a similar
provision includes any violation of a | ||
provision of a local ordinance or a
provision of a law of | ||
another state that is similar to a violation of
subsection | ||
(a) of this Section.
| ||
(2) Any penalty imposed for driving with a license that | ||
has been revoked
for a previous violation of subsection (a) | ||
of this Section shall be in
addition to the penalty imposed | ||
for any subsequent violation of subsection (a).
| ||
(b-2) Except as otherwise provided in this Section, any | ||
person convicted of
violating subsection (a) of this Section is | ||
guilty of a Class A misdemeanor.
| ||
(b-3) In addition to any other criminal or administrative | ||
sanction for any
second conviction of violating subsection (a) | ||
or a similar provision committed
within 5 years of a previous | ||
violation of subsection (a) or a similar
provision, the | ||
defendant shall be sentenced to a mandatory minimum of 5 days | ||
of
imprisonment or assigned a mandatory minimum of 240 hours of | ||
community service
as may be determined by the court.
| ||
(b-4) In the case of a third or subsequent violation | ||
committed within 5
years of a previous violation of subsection | ||
(a) or a similar provision, in
addition to any other criminal | ||
or administrative sanction, a mandatory minimum
term of either | ||
10 days of imprisonment or 480 hours of community service shall
| ||
be imposed.
|
(b-5) The imprisonment or assignment of community service | ||
under subsections
(b-3) and (b-4) shall not be subject to | ||
suspension, nor shall the person be
eligible for a reduced | ||
sentence.
| ||
(c) (Blank).
| ||
(c-1) (1) A person who violates subsection (a)
during
a | ||
period in which his
or her driving privileges are revoked | ||
or suspended, where the revocation or
suspension was for a | ||
violation of subsection (a), Section
11-501.1, paragraph | ||
(b)
of Section 11-401, or for reckless homicide as defined | ||
in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| ||
Class 4 felony.
| ||
(2) A person who violates subsection (a) a third
time, | ||
if the third violation occurs during a period in
which his | ||
or her driving privileges are revoked or suspended where | ||
the
revocation
or suspension was for a violation of | ||
subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||
11-401, or for reckless homicide as defined in Section 9-3
| ||
of the Criminal Code of 1961, is guilty of
a Class 3 | ||
felony. | ||
(2.1) A person who violates subsection (a) a third | ||
time, if the third
violation occurs during a period in | ||
which his or her driving privileges are
revoked or | ||
suspended where the revocation or suspension was for a | ||
violation of
subsection (a), Section 11-501.1, subsection | ||
(b) of Section 11-401, or for
reckless homicide as defined |
in Section
9-3 of the Criminal Code of 1961, is guilty of a | ||
Class 3 felony; and if the
person receives a term of
| ||
probation or conditional discharge, he or she shall be | ||
required to serve a
mandatory
minimum of 10 days of | ||
imprisonment or shall be assigned a mandatory minimum of
| ||
480 hours of community service, as may be determined by the | ||
court, as a
condition of the probation or conditional | ||
discharge. This mandatory minimum
term of imprisonment or | ||
assignment of community service shall not be suspended
or | ||
reduced by the court.
| ||
(2.2) A person who violates subsection (a), if the
| ||
violation occurs during a period in which his or her | ||
driving privileges are
revoked or suspended where the | ||
revocation or suspension was for a violation of
subsection | ||
(a) or Section 11-501.1, shall also be sentenced to an | ||
additional
mandatory minimum term of 30 consecutive days of | ||
imprisonment, 40 days of
24-hour periodic imprisonment, or | ||
720 hours of community service, as may be
determined by the | ||
court. This mandatory term of imprisonment or assignment of
| ||
community service shall not be suspended or reduced by the | ||
court.
| ||
(3) A person who violates subsection (a) a fourth or
| ||
fifth time, if the fourth or fifth
violation occurs
during | ||
a period in which his
or her driving privileges are revoked | ||
or suspended where the revocation
or suspension was for a | ||
violation of subsection (a),
Section 11-501.1, paragraph
|
(b) of Section 11-401, or for reckless homicide as defined | ||
in
Section 9-3
of
the Criminal Code of 1961, is guilty of
a | ||
Class 2 felony and is not eligible for a sentence of | ||
probation or
conditional discharge.
| ||
(c-2) (Blank).
| ||
(c-3) (Blank).
| ||
(c-4) (Blank).
| ||
(c-5) A person who violates subsection (a), if the person | ||
was transporting
a person under the age of 16 at the time of | ||
the violation, is subject to an
additional mandatory minimum | ||
fine of $1,000, an additional mandatory minimum
140 hours of | ||
community service, which shall include 40 hours of community
| ||
service in a program benefiting children, and an additional 2 | ||
days of
imprisonment. The imprisonment or assignment of | ||
community service under this
subsection (c-5) is not subject to | ||
suspension, nor is the person eligible for
a reduced sentence.
| ||
(c-6) Except as provided in subsections (c-7) and (c-8) a | ||
person who
violates
subsection (a) a second time, if at the | ||
time of
the second violation the person was transporting a | ||
person under the age of 16,
is subject to an additional 10 days | ||
of imprisonment, an additional mandatory
minimum fine of | ||
$1,000, and an additional mandatory minimum 140 hours of
| ||
community service, which shall include 40 hours of community | ||
service in a
program benefiting children.
The imprisonment or | ||
assignment of community service under this subsection (c-6)
is | ||
not subject to suspension, nor is the person eligible for a |
reduced
sentence.
| ||
(c-7) Except as provided in subsection (c-8), any person | ||
convicted of
violating subsection (c-6) or a similar
provision | ||
within 10 years of a previous violation of subsection (a) or a
| ||
similar provision shall receive, in addition to any other | ||
penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||
additional 40 hours of mandatory
community service in a program | ||
benefiting children, and a mandatory minimum
fine of $1,750. | ||
The imprisonment or assignment of community service under this
| ||
subsection (c-7) is not subject to suspension, nor is the | ||
person
eligible for a reduced sentence.
| ||
(c-8) Any person convicted of violating subsection (c-6) or | ||
a similar
provision within 5 years of a previous violation of | ||
subsection (a) or a similar
provision shall receive, in | ||
addition to any other penalty imposed, an
additional 80 hours | ||
of mandatory community service in a program benefiting
| ||
children, an additional mandatory minimum 12 days of | ||
imprisonment, and a
mandatory minimum fine of $1,750. The | ||
imprisonment or assignment of community
service under this | ||
subsection (c-8) is not subject to suspension, nor
is the
| ||
person eligible for a reduced sentence.
| ||
(c-9) Any person convicted a third time for violating | ||
subsection (a) or a
similar provision, if at the time of the | ||
third violation the person was
transporting a person under the | ||
age of 16, is guilty of a Class 4 felony and shall
receive, in | ||
addition to any other
penalty imposed, an additional mandatory |
fine of $1,000, an additional
mandatory 140 hours of community | ||
service, which shall include 40 hours in a
program benefiting | ||
children, and a mandatory minimum 30 days of imprisonment.
The | ||
imprisonment or assignment of community service under this | ||
subsection (c-9)
is not subject to suspension, nor is the | ||
person eligible for a reduced
sentence.
| ||
(c-10) Any person convicted of violating subsection (c-9) | ||
or a similar
provision a third time within 20 years of a | ||
previous violation of subsection
(a) or a
similar provision is | ||
guilty of a Class 4 felony and shall receive, in addition
to | ||
any other penalty imposed, an additional mandatory 40 hours of | ||
community
service in a program benefiting children, an | ||
additional mandatory fine of
$3,000, and a mandatory minimum | ||
120 days of imprisonment. The imprisonment or
assignment of | ||
community service under this subsection (c-10) is not subject | ||
to
suspension, nor is the person eligible for a reduced | ||
sentence.
| ||
(c-11) Any person convicted a fourth or fifth
time for | ||
violating
subsection (a) or a similar provision, if at the time | ||
of the fourth or
fifth violation the person was transporting a | ||
person under the age of 16,
and if the person's 3 prior | ||
violations of subsection (a) or a similar provision
occurred | ||
while transporting a person under the age of 16 or while the | ||
alcohol
concentration in his or her blood, breath, or urine was | ||
0.16 or more based
on the definition of blood, breath, or urine | ||
units in Section 11-501.2, is
guilty of a Class 2 felony, is |
not eligible for probation or conditional
discharge, and is | ||
subject to a minimum fine of $3,000.
| ||
(c-12) Any person convicted of a first violation of | ||
subsection (a) or a
similar provision, if the alcohol | ||
concentration in his or her blood, breath, or
urine was 0.16 or | ||
more based on the definition of blood, breath, or urine
units | ||
in Section 11-501.2, shall be subject, in addition to any other | ||
penalty
that may be imposed, to a mandatory minimum of 100 | ||
hours of community service
and a mandatory minimum fine of | ||
$500.
| ||
(c-13) Any person convicted of a second violation of | ||
subsection (a) or a similar provision committed within 10 years | ||
of a previous violation of subsection (a) or a similar | ||
provision committed within 10 years of a previous violation of | ||
subsection (a) or a similar provision, if at the time of the | ||
second violation of subsection (a) the
alcohol concentration in | ||
his or her blood, breath, or urine was 0.16 or more
based on | ||
the definition of blood, breath, or urine units in Section | ||
11-501.2,
shall be
subject, in addition to any other penalty | ||
that may be imposed, to a mandatory
minimum of 2 days of | ||
imprisonment and a mandatory minimum fine of $1,250.
| ||
(c-14) Any person convicted of a third violation of | ||
subsection (a) or a
similar provision within 20 years of a | ||
previous violation of subsection (a) or
a
similar provision, if | ||
at the time of the third violation of subsection (a) or a
| ||
similar provision the alcohol concentration in his or her |
blood, breath, or
urine was 0.16 or more based on the | ||
definition of blood, breath, or urine units
in Section | ||
11-501.2, is guilty of a Class 4 felony and shall be subject, | ||
in
addition to any other penalty that may be imposed, to a | ||
mandatory minimum of
90 days of imprisonment and a mandatory | ||
minimum fine of $2,500.
| ||
(c-15) Any person convicted of a fourth or fifth
violation | ||
of
subsection
(a) or a similar provision, if at the time of the | ||
fourth or fifth
violation the alcohol concentration in his or | ||
her blood, breath, or urine was
0.16 or more based on the | ||
definition of blood, breath, or urine units in
Section | ||
11-501.2, and if the person's 3 prior violations of subsection | ||
(a) or a
similar provision occurred while transporting a person | ||
under the age of 16 or
while the alcohol concentration in his | ||
or her blood, breath, or urine was 0.16
or more based on the | ||
definition of blood, breath, or urine units in Section
| ||
11-501.2, is guilty of a Class 2 felony and is not eligible for | ||
a sentence of
probation or conditional discharge and is subject | ||
to a minimum fine of
$2,500.
| ||
(c-16) Any person convicted of a sixth or subsequent | ||
violation of subsection (a) is guilty of a Class X felony.
| ||
(d) (1) Every person convicted of committing a violation of | ||
this Section
shall be guilty of aggravated driving under | ||
the influence of alcohol,
other drug or drugs, or | ||
intoxicating compound or compounds, or any combination
| ||
thereof if:
|
(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
| ||
(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
| ||
(C) the person in committing a violation of | ||
subsection
(a) was
involved in a motor vehicle accident | ||
that resulted in great bodily harm or
permanent | ||
disability or disfigurement to another, when the | ||
violation was
a proximate cause of the injuries;
| ||
(D) the person committed a violation of subsection | ||
(a)
for a
second time and has been previously convicted | ||
of violating Section 9-3 of the
Criminal Code of 1961 | ||
or a similar provision of a law of another state | ||
relating to reckless homicide in which the person was
| ||
determined to have been under the influence of alcohol, | ||
other drug or
drugs, or intoxicating compound or | ||
compounds as an element of the offense or
the person | ||
has previously been convicted
under subparagraph (C) | ||
or subparagraph (F) of this paragraph (1);
| ||
(E) the person, in committing a violation of | ||
subsection (a) while
driving at any speed in a school | ||
speed zone at a time when a speed limit of
20 miles per | ||
hour was in effect under subsection (a) of Section | ||
11-605 of
this Code, was involved in a motor vehicle |
accident that resulted in bodily
harm, other than great | ||
bodily harm or permanent disability or disfigurement,
| ||
to another person, when the violation of subsection (a) | ||
was a
proximate cause
of the bodily harm; or
| ||
(F) the person, in committing a violation of | ||
subsection (a), was
involved in a motor vehicle, | ||
snowmobile, all-terrain vehicle, or watercraft
| ||
accident that resulted in
the death of another person, | ||
when the violation of subsection
(a) was
a proximate | ||
cause of the death.
| ||
(2) Except as provided in this paragraph (2), a person | ||
convicted of
aggravated driving under
the
influence of | ||
alcohol, other drug or
drugs,
or intoxicating compound or | ||
compounds, or any
combination thereof is guilty of a Class | ||
4 felony. For a violation of
subparagraph (C)
of
paragraph | ||
(1) of this subsection (d), the defendant, if sentenced to | ||
a term
of imprisonment, shall be sentenced
to not less than
| ||
one year nor more than 12 years.
Aggravated driving under | ||
the influence of alcohol, other drug or drugs,
or | ||
intoxicating compound or compounds, or any combination | ||
thereof as
defined in subparagraph (F) of paragraph (1) of | ||
this subsection (d) is
a Class 2 felony, for which the | ||
defendant, if sentenced to a term of
imprisonment, shall be | ||
sentenced to: (A) a
term of imprisonment of not less than 3 | ||
years and not more
than 14 years if the violation resulted | ||
in the death of one person; or
(B) a term of imprisonment |
of not less than 6 years and not
more than 28 years if the | ||
violation resulted in the deaths of 2 or more
persons.
For | ||
any prosecution under this subsection
(d), a certified copy | ||
of the
driving abstract of the defendant shall be admitted | ||
as proof of any prior
conviction.
Any person sentenced | ||
under this subsection (d) who receives a term of
probation
| ||
or conditional discharge must serve a minimum term of | ||
either 480 hours of
community service or 10 days of | ||
imprisonment as a condition of the probation or
conditional | ||
discharge. This mandatory minimum term of imprisonment or
| ||
assignment of community service may not be suspended or | ||
reduced by the court.
| ||
(e) After a finding of guilt and prior to any final | ||
sentencing, or an
order for supervision, for an offense based | ||
upon an arrest for a
violation of this Section or a similar | ||
provision of a local ordinance,
individuals shall be required | ||
to undergo a professional evaluation to
determine if an | ||
alcohol, drug, or intoxicating compound abuse problem exists
| ||
and the
extent of the problem, and undergo the imposition of | ||
treatment as appropriate.
Programs conducting these | ||
evaluations shall be
licensed by the Department of Human | ||
Services. The cost of any professional
evaluation shall be paid | ||
for by the
individual
required to undergo the professional | ||
evaluation.
| ||
(e-1) Any person who is found guilty of or pleads guilty to | ||
violating this
Section, including any person receiving a |
disposition of court supervision for
violating this Section, | ||
may be required by the Court to attend a victim
impact panel | ||
offered by, or under contract with, a County State's Attorney's
| ||
office, a probation and court services department, Mothers | ||
Against Drunk
Driving,
or the Alliance Against Intoxicated | ||
Motorists.
All costs generated by
the victim impact panel shall | ||
be paid from fees collected from the
offender or as may be | ||
determined by the court.
| ||
(f) Every person found guilty of violating this Section, | ||
whose
operation of a motor vehicle while in violation of this | ||
Section proximately
caused any incident resulting in an | ||
appropriate emergency response, shall
be liable for the expense | ||
of an emergency response as provided under
Section 5-5-3 of the | ||
Unified Code of Corrections.
| ||
(g) The Secretary of State shall revoke the driving | ||
privileges of any
person convicted under this Section or a | ||
similar provision of a local
ordinance.
| ||
(h) (Blank).
| ||
(i) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by an | ||
individual who has been convicted of a
second
or subsequent | ||
offense of this Section or a similar provision of a local
| ||
ordinance. The Secretary shall establish by rule and regulation | ||
the procedures
for certification and use of the interlock | ||
system.
| ||
(j) In addition to any other penalties and liabilities, a |
person who is
found guilty of or pleads guilty to violating | ||
subsection (a), including any
person placed on court | ||
supervision for violating subsection (a), shall be fined
$500, | ||
payable to the
circuit clerk, who shall distribute the money as | ||
follows: 20% to the law enforcement agency
that made the arrest | ||
and 80% shall be forwarded to the State Treasurer for deposit | ||
into the General Revenue Fund. If the person has been | ||
previously convicted of violating
subsection (a) or a similar | ||
provision of a local
ordinance, the fine shall be
$1,000. In | ||
the event that more than one agency is responsible
for the | ||
arrest, the amount payable to law enforcement agencies shall be | ||
shared equally. Any moneys received
by a law
enforcement agency | ||
under this subsection (j) shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law
enforcement equipment and | ||
commodities that will assist in the prevention of alcohol | ||
related
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations. Equipment and commodities | ||
shall include, but are not limited
to, in-car video cameras, | ||
radar and laser speed detection devices, and alcohol
breath |
testers.
Any moneys received by the Department of State Police | ||
under this subsection
(j) shall be deposited into the State | ||
Police DUI Fund and shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the
purchase of law enforcement equipment and | ||
commodities that will assist in the prevention of
alcohol | ||
related criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(k) The Secretary of State Police DUI Fund is created as a | ||
special
fund in the State treasury. All moneys received by the | ||
Secretary of State
Police under subsection (j) of this Section | ||
shall be deposited into the
Secretary of State Police DUI Fund | ||
and, subject to appropriation, shall be
used for enforcement | ||
and prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law enforcement equipment and | ||
commodities to assist in the prevention of
alcohol related | ||
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(l) Whenever an individual is sentenced for an offense | ||
based upon an
arrest for a violation of subsection (a) or a | ||
similar provision of a local
ordinance, and the professional | ||
evaluation recommends remedial or
rehabilitative treatment or | ||
education, neither the treatment nor the education
shall be the | ||
sole disposition and either or both may be imposed only in
| ||
conjunction with another disposition. The court shall monitor | ||
compliance with
any remedial education or treatment | ||
recommendations contained in the
professional evaluation. | ||
Programs conducting alcohol or other drug evaluation
or | ||
remedial education must be licensed by the Department of Human | ||
Services. If
the individual is not a resident of Illinois, | ||
however, the court may accept an
alcohol or other drug | ||
evaluation or remedial education program in the
individual's | ||
state of residence. Programs providing treatment must be | ||
licensed
under existing applicable alcoholism and drug | ||
treatment licensure standards.
| ||
(m) In addition to any other fine or penalty required by | ||
law, an individual
convicted of a violation of subsection (a), | ||
Section 5-7 of the Snowmobile
Registration and Safety Act, | ||
Section 5-16 of the Boat Registration and Safety
Act, or a | ||
similar provision, whose operation of a motor vehicle, |
snowmobile, or
watercraft while in
violation of subsection (a), | ||
Section 5-7 of the Snowmobile Registration and
Safety Act, | ||
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar
provision proximately caused an incident resulting in | ||
an appropriate emergency
response, shall be required to make | ||
restitution to a public agency for the
costs of that emergency | ||
response. The restitution may not exceed $1,000 per
public | ||
agency for each emergency response. As used in this subsection | ||
(m),
"emergency response" means any incident requiring a | ||
response by a police
officer, a firefighter carried on the | ||
rolls of a regularly constituted fire
department, or an | ||
ambulance.
| ||
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||
93-840, eff. 7-30-04; 94-114, eff. 1-1-06; 94-963, eff. | ||
6-28-06.)
| ||
(Text of Section from P.A. 94-116 and 94-963) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or
drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual
physical | ||
control of any vehicle within this State while:
| ||
(1) the alcohol concentration in the person's blood or | ||
breath is 0.08
or more based on the definition of blood and | ||
breath units in Section 11-501.2;
|
(2) under the influence of alcohol;
| ||
(3) under the influence of any intoxicating compound or | ||
combination of
intoxicating compounds to a degree that | ||
renders the person incapable of
driving safely;
| ||
(4) under the influence of any other drug or | ||
combination of drugs to a
degree that renders the person | ||
incapable of safely driving;
| ||
(5) under the combined influence of alcohol, other drug | ||
or drugs, or
intoxicating compound or compounds to a degree | ||
that renders the person
incapable of safely driving; or
| ||
(6) there is any amount of a drug, substance, or | ||
compound in the
person's breath, blood, or urine resulting | ||
from the unlawful use or consumption
of cannabis listed in | ||
the Cannabis Control Act, a controlled substance listed
in | ||
the Illinois Controlled Substances Act, or an intoxicating | ||
compound listed
in the Use of Intoxicating Compounds Act.
| ||
(b) The fact that any person charged with violating this | ||
Section is or
has been legally entitled to use alcohol, other | ||
drug or drugs, or
intoxicating compound or compounds, or any
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
| ||
(b-1) With regard to penalties imposed under this Section:
| ||
(1) Any reference to a prior violation of subsection | ||
(a) or a similar
provision includes any violation of a | ||
provision of a local ordinance or a
provision of a law of | ||
another state that is similar to a violation of
subsection |
(a) of this Section.
| ||
(2) Any penalty imposed for driving with a license that | ||
has been revoked
for a previous violation of subsection (a) | ||
of this Section shall be in
addition to the penalty imposed | ||
for any subsequent violation of subsection (a).
| ||
(b-2) Except as otherwise provided in this Section, any | ||
person convicted of
violating subsection (a) of this Section is | ||
guilty of a Class A misdemeanor.
| ||
(b-3) In addition to any other criminal or administrative | ||
sanction for any
second conviction of violating subsection (a) | ||
or a similar provision committed
within 5 years of a previous | ||
violation of subsection (a) or a similar
provision, the | ||
defendant shall be sentenced to a mandatory minimum of 5 days | ||
of
imprisonment or assigned a mandatory minimum of 240 hours of | ||
community service
as may be determined by the court.
| ||
(b-4) In the case of a third violation committed within 5
| ||
years of a previous violation of subsection (a) or a similar | ||
provision, the defendant is guilty of a Class 2 felony, and in
| ||
addition to any other criminal or administrative sanction, a | ||
mandatory minimum
term of either 10 days of imprisonment or 480 | ||
hours of community service shall
be imposed.
| ||
(b-5) The imprisonment or assignment of community service | ||
under subsections
(b-3) and (b-4) shall not be subject to | ||
suspension, nor shall the person be
eligible for a reduced | ||
sentence.
| ||
(c) (Blank).
|
(c-1) (1) A person who violates subsection (a)
during
a | ||
period in which his
or her driving privileges are revoked | ||
or suspended, where the revocation or
suspension was for a | ||
violation of subsection (a), Section
11-501.1, paragraph | ||
(b)
of Section 11-401, or for reckless homicide as defined | ||
in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| ||
Class 4 felony.
| ||
(2) A person who violates subsection (a) a third
time | ||
is guilty of
a Class 2 felony. | ||
(2.1) A person who violates subsection (a) a third | ||
time, if the third
violation occurs during a period in | ||
which his or her driving privileges are
revoked or | ||
suspended where the revocation or suspension was for a | ||
violation of
subsection (a), Section 11-501.1, subsection | ||
(b) of Section 11-401, or for
reckless homicide as defined | ||
in Section
9-3 of the Criminal Code of 1961, is guilty of a | ||
Class 2 felony; and if the
person receives a term of
| ||
probation or conditional discharge, he or she shall be | ||
required to serve a
mandatory
minimum of 10 days of | ||
imprisonment or shall be assigned a mandatory minimum of
| ||
480 hours of community service, as may be determined by the | ||
court, as a
condition of the probation or conditional | ||
discharge. This mandatory minimum
term of imprisonment or | ||
assignment of community service shall not be suspended
or | ||
reduced by the court.
| ||
(2.2) A person who violates subsection (a), if the
|
violation occurs during a period in which his or her | ||
driving privileges are
revoked or suspended where the | ||
revocation or suspension was for a violation of
subsection | ||
(a) or Section 11-501.1, shall also be sentenced to an | ||
additional
mandatory minimum term of 30 consecutive days of | ||
imprisonment, 40 days of
24-hour periodic imprisonment, or | ||
720 hours of community service, as may be
determined by the | ||
court. This mandatory term of imprisonment or assignment of
| ||
community service shall not be suspended or reduced by the | ||
court.
| ||
(3) A person who violates subsection (a) a fourth time | ||
is guilty of
a Class 2 felony and is not eligible for a | ||
sentence of probation or
conditional discharge.
| ||
(4) A person who violates subsection (a) a fifth or | ||
subsequent time is guilty of a Class 1 felony and is not | ||
eligible for a sentence of probation or conditional | ||
discharge.
| ||
(c-2) (Blank).
| ||
(c-3) (Blank).
| ||
(c-4) (Blank).
| ||
(c-5) A person who violates subsection (a), if the person | ||
was transporting
a person under the age of 16 at the time of | ||
the violation, is subject to an
additional mandatory minimum | ||
fine of $1,000, an additional mandatory minimum
140 hours of | ||
community service, which shall include 40 hours of community
| ||
service in a program benefiting children, and an additional 2 |
days of
imprisonment. The imprisonment or assignment of | ||
community service under this
subsection (c-5) is not subject to | ||
suspension, nor is the person eligible for
a reduced sentence.
| ||
(c-6) Except as provided in subsections (c-7) and (c-8) a | ||
person who
violates
subsection (a) a second time, if at the | ||
time of
the second violation the person was transporting a | ||
person under the age of 16,
is subject to an additional 10 days | ||
of imprisonment, an additional mandatory
minimum fine of | ||
$1,000, and an additional mandatory minimum 140 hours of
| ||
community service, which shall include 40 hours of community | ||
service in a
program benefiting children.
The imprisonment or | ||
assignment of community service under this subsection (c-6)
is | ||
not subject to suspension, nor is the person eligible for a | ||
reduced
sentence.
| ||
(c-7) Except as provided in subsection (c-8), any person | ||
convicted of
violating subsection (c-6) or a similar
provision | ||
within 10 years of a previous violation of subsection (a) or a
| ||
similar provision shall receive, in addition to any other | ||
penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||
additional 40 hours of mandatory
community service in a program | ||
benefiting children, and a mandatory minimum
fine of $1,750. | ||
The imprisonment or assignment of community service under this
| ||
subsection (c-7) is not subject to suspension, nor is the | ||
person
eligible for a reduced sentence.
| ||
(c-8) Any person convicted of violating subsection (c-6) or | ||
a similar
provision within 5 years of a previous violation of |
subsection (a) or a similar
provision shall receive, in | ||
addition to any other penalty imposed, an
additional 80 hours | ||
of mandatory community service in a program benefiting
| ||
children, an additional mandatory minimum 12 days of | ||
imprisonment, and a
mandatory minimum fine of $1,750. The | ||
imprisonment or assignment of community
service under this | ||
subsection (c-8) is not subject to suspension, nor
is the
| ||
person eligible for a reduced sentence.
| ||
(c-9) Any person convicted a third time for violating | ||
subsection (a) or a
similar provision, if at the time of the | ||
third violation the person was
transporting a person under the | ||
age of 16, is guilty of a Class 2 felony and shall
receive, in | ||
addition to any other
penalty imposed, an additional mandatory | ||
fine of $1,000, an additional
mandatory 140 hours of community | ||
service, which shall include 40 hours in a
program benefiting | ||
children, and a mandatory minimum 30 days of imprisonment.
The | ||
imprisonment or assignment of community service under this | ||
subsection (c-9)
is not subject to suspension, nor is the | ||
person eligible for a reduced
sentence.
| ||
(c-10) Any person convicted of violating subsection (c-9) | ||
or a similar
provision a third time within 20 years of a | ||
previous violation of subsection
(a) or a
similar provision is | ||
guilty of a Class 2 felony and shall receive, in addition
to | ||
any other penalty imposed, an additional mandatory 40 hours of | ||
community
service in a program benefiting children, an | ||
additional mandatory fine of
$3,000, and a mandatory minimum |
120 days of imprisonment. The imprisonment or
assignment of | ||
community service under this subsection (c-10) is not subject | ||
to
suspension, nor is the person eligible for a reduced | ||
sentence.
| ||
(c-11) Any person convicted a fourth time for violating
| ||
subsection (a) or a similar provision, if at the time of the | ||
fourth violation the person was transporting a person under the | ||
age of 16,
and if the person's 3 prior violations of subsection | ||
(a) or a similar provision
occurred while transporting a person | ||
under the age of 16 or while the alcohol
concentration in his | ||
or her blood, breath, or urine was 0.16 or more based
on the | ||
definition of blood, breath, or urine units in Section | ||
11-501.2, is
guilty of a Class 2 felony, is not eligible for | ||
probation or conditional
discharge, and is subject to a minimum | ||
fine of $3,000.
| ||
(c-12) Any person convicted of a first violation of | ||
subsection (a) or a
similar provision, if the alcohol | ||
concentration in his or her blood, breath, or
urine was 0.16 or | ||
more based on the definition of blood, breath, or urine
units | ||
in Section 11-501.2, shall be subject, in addition to any other | ||
penalty
that may be imposed, to a mandatory minimum of 100 | ||
hours of community service
and a mandatory minimum fine of | ||
$500.
| ||
(c-13) Any person convicted of a second violation of | ||
subsection (a) or a similar provision committed within 10 years | ||
of a previous violation of subsection (a) or a similar |
provision committed within 10 years of a previous violation of | ||
subsection (a) or a similar provision, if at the time of the | ||
second violation of subsection (a) the
alcohol concentration in | ||
his or her blood, breath, or urine was 0.16 or more
based on | ||
the definition of blood, breath, or urine units in Section | ||
11-501.2,
shall be
subject, in addition to any other penalty | ||
that may be imposed, to a mandatory
minimum of 2 days of | ||
imprisonment and a mandatory minimum fine of $1,250.
| ||
(c-14) Any person convicted of a third violation of | ||
subsection (a) or a
similar provision within 20 years of a | ||
previous violation of subsection (a) or
a
similar provision, if | ||
at the time of the third violation of subsection (a) or a
| ||
similar provision the alcohol concentration in his or her | ||
blood, breath, or
urine was 0.16 or more based on the | ||
definition of blood, breath, or urine units
in Section | ||
11-501.2, is guilty of a Class 2 felony and shall be subject, | ||
in
addition to any other penalty that may be imposed, to a | ||
mandatory minimum of
90 days of imprisonment and a mandatory | ||
minimum fine of $2,500.
| ||
(c-15) Any person convicted of a fourth
violation of
| ||
subsection
(a) or a similar provision, if at the time of the | ||
fourth
violation the alcohol concentration in his or her blood, | ||
breath, or urine was
0.16 or more based on the definition of | ||
blood, breath, or urine units in
Section 11-501.2, and if the | ||
person's 3 prior violations of subsection (a) or a
similar | ||
provision occurred while transporting a person under the age of |
16 or
while the alcohol concentration in his or her blood, | ||
breath, or urine was 0.16
or more based on the definition of | ||
blood, breath, or urine units in Section
11-501.2, is guilty of | ||
a Class 2 felony and is not eligible for a sentence of
| ||
probation or conditional discharge and is subject to a minimum | ||
fine of
$2,500.
| ||
(d) (1) Every person convicted of committing a violation of | ||
this Section
shall be guilty of aggravated driving under | ||
the influence of alcohol,
other drug or drugs, or | ||
intoxicating compound or compounds, or any combination
| ||
thereof if:
| ||
(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
| ||
(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
| ||
(C) the person in committing a violation of | ||
subsection
(a) was
involved in a motor vehicle accident | ||
that resulted in great bodily harm or
permanent | ||
disability or disfigurement to another, when the | ||
violation was
a proximate cause of the injuries;
| ||
(D) the person committed a violation of subsection | ||
(a)
for a
second time and has been previously convicted | ||
of violating Section 9-3 of the
Criminal Code of 1961 | ||
or a similar provision of a law of another state |
relating to reckless homicide in which the person was
| ||
determined to have been under the influence of alcohol, | ||
other drug or
drugs, or intoxicating compound or | ||
compounds as an element of the offense or
the person | ||
has previously been convicted
under subparagraph (C) | ||
or subparagraph (F) of this paragraph (1);
| ||
(E) the person, in committing a violation of | ||
subsection (a) while
driving at any speed in a school | ||
speed zone at a time when a speed limit of
20 miles per | ||
hour was in effect under subsection (a) of Section | ||
11-605 of
this Code, was involved in a motor vehicle | ||
accident that resulted in bodily
harm, other than great | ||
bodily harm or permanent disability or disfigurement,
| ||
to another person, when the violation of subsection (a) | ||
was a
proximate cause
of the bodily harm; or
| ||
(F) the person, in committing a violation of | ||
subsection (a), was
involved in a motor vehicle, | ||
snowmobile, all-terrain vehicle, or watercraft
| ||
accident that resulted in
the death of another person, | ||
when the violation of subsection
(a) was
a proximate | ||
cause of the death.
| ||
(2) Except as provided in this paragraph (2) and in | ||
paragraphs (3) and (4) of subsection (c-1), a person | ||
convicted of
aggravated driving under
the
influence of | ||
alcohol, other drug or
drugs,
or intoxicating compound or | ||
compounds, or any
combination thereof is guilty of a Class |
4 felony. For a violation of
subparagraph (C)
of
paragraph | ||
(1) of this subsection (d), the defendant, if sentenced to | ||
a term
of imprisonment, shall be sentenced
to not less than
| ||
one year nor more than 12 years.
Except as provided in | ||
paragraph (4) of subsection (c-1), aggravated driving | ||
under the influence of alcohol, other drug, or drugs, | ||
intoxicating compounds or compounds, or any combination | ||
thereof as defined in subparagraph (A) of paragraph (1) of | ||
this subsection (d) is a Class 2 felony. Aggravated driving | ||
under the influence of alcohol, other drug or drugs,
or | ||
intoxicating compound or compounds, or any combination | ||
thereof as
defined in subparagraph (F) of paragraph (1) of | ||
this subsection (d) is
a Class 2 felony, for which the | ||
defendant, if sentenced to a term of
imprisonment, shall be | ||
sentenced to: (A) a
term of imprisonment of not less than 3 | ||
years and not more
than 14 years if the violation resulted | ||
in the death of one person; or
(B) a term of imprisonment | ||
of not less than 6 years and not
more than 28 years if the | ||
violation resulted in the deaths of 2 or more
persons.
For | ||
any prosecution under this subsection
(d), a certified copy | ||
of the
driving abstract of the defendant shall be admitted | ||
as proof of any prior
conviction.
Any person sentenced | ||
under this subsection (d) who receives a term of
probation
| ||
or conditional discharge must serve a minimum term of | ||
either 480 hours of
community service or 10 days of | ||
imprisonment as a condition of the probation or
conditional |
discharge. This mandatory minimum term of imprisonment or
| ||
assignment of community service may not be suspended or | ||
reduced by the court.
| ||
(e) After a finding of guilt and prior to any final | ||
sentencing, or an
order for supervision, for an offense based | ||
upon an arrest for a
violation of this Section or a similar | ||
provision of a local ordinance,
individuals shall be required | ||
to undergo a professional evaluation to
determine if an | ||
alcohol, drug, or intoxicating compound abuse problem exists
| ||
and the
extent of the problem, and undergo the imposition of | ||
treatment as appropriate.
Programs conducting these | ||
evaluations shall be
licensed by the Department of Human | ||
Services. The cost of any professional
evaluation shall be paid | ||
for by the
individual
required to undergo the professional | ||
evaluation.
| ||
(e-1) Any person who is found guilty of or pleads guilty to | ||
violating this
Section, including any person receiving a | ||
disposition of court supervision for
violating this Section, | ||
may be required by the Court to attend a victim
impact panel | ||
offered by, or under contract with, a County State's Attorney's
| ||
office, a probation and court services department, Mothers | ||
Against Drunk
Driving,
or the Alliance Against Intoxicated | ||
Motorists.
All costs generated by
the victim impact panel shall | ||
be paid from fees collected from the
offender or as may be | ||
determined by the court.
| ||
(f) Every person found guilty of violating this Section, |
whose
operation of a motor vehicle while in violation of this | ||
Section proximately
caused any incident resulting in an | ||
appropriate emergency response, shall
be liable for the expense | ||
of an emergency response as provided under
Section 5-5-3 of the | ||
Unified Code of Corrections.
| ||
(g) The Secretary of State shall revoke the driving | ||
privileges of any
person convicted under this Section or a | ||
similar provision of a local
ordinance.
| ||
(h) (Blank).
| ||
(i) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by an | ||
individual who has been convicted of a
second
or subsequent | ||
offense of this Section or a similar provision of a local
| ||
ordinance. The Secretary shall establish by rule and regulation | ||
the procedures
for certification and use of the interlock | ||
system.
| ||
(j) In addition to any other penalties and liabilities, a | ||
person who is
found guilty of or pleads guilty to violating | ||
subsection (a), including any
person placed on court | ||
supervision for violating subsection (a), shall be fined
$500, | ||
payable to the
circuit clerk, who shall distribute the money as | ||
follows: 20% to the law enforcement agency
that made the arrest | ||
and 80% shall be forwarded to the State Treasurer for deposit | ||
into the General Revenue Fund. If the person has been | ||
previously convicted of violating
subsection (a) or a similar | ||
provision of a local
ordinance, the fine shall be
$1,000. In |
the event that more than one agency is responsible
for the | ||
arrest, the amount payable to law enforcement agencies shall be | ||
shared equally. Any moneys received
by a law
enforcement agency | ||
under this subsection (j) shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law
enforcement equipment and | ||
commodities that will assist in the prevention of alcohol | ||
related
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations. Equipment and commodities | ||
shall include, but are not limited
to, in-car video cameras, | ||
radar and laser speed detection devices, and alcohol
breath | ||
testers.
Any moneys received by the Department of State Police | ||
under this subsection
(j) shall be deposited into the State | ||
Police DUI Fund and shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the
purchase of law enforcement equipment and | ||
commodities that will assist in the prevention of
alcohol | ||
related criminal violence throughout the State; police officer |
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(k) The Secretary of State Police DUI Fund is created as a | ||
special
fund in the State treasury. All moneys received by the | ||
Secretary of State
Police under subsection (j) of this Section | ||
shall be deposited into the
Secretary of State Police DUI Fund | ||
and, subject to appropriation, shall be
used for enforcement | ||
and prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law enforcement equipment and | ||
commodities to assist in the prevention of
alcohol related | ||
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(l) Whenever an individual is sentenced for an offense | ||
based upon an
arrest for a violation of subsection (a) or a | ||
similar provision of a local
ordinance, and the professional | ||
evaluation recommends remedial or
rehabilitative treatment or | ||
education, neither the treatment nor the education
shall be the |
sole disposition and either or both may be imposed only in
| ||
conjunction with another disposition. The court shall monitor | ||
compliance with
any remedial education or treatment | ||
recommendations contained in the
professional evaluation. | ||
Programs conducting alcohol or other drug evaluation
or | ||
remedial education must be licensed by the Department of Human | ||
Services. If
the individual is not a resident of Illinois, | ||
however, the court may accept an
alcohol or other drug | ||
evaluation or remedial education program in the
individual's | ||
state of residence. Programs providing treatment must be | ||
licensed
under existing applicable alcoholism and drug | ||
treatment licensure standards.
| ||
(m) In addition to any other fine or penalty required by | ||
law, an individual
convicted of a violation of subsection (a), | ||
Section 5-7 of the Snowmobile
Registration and Safety Act, | ||
Section 5-16 of the Boat Registration and Safety
Act, or a | ||
similar provision, whose operation of a motor vehicle, | ||
snowmobile, or
watercraft while in
violation of subsection (a), | ||
Section 5-7 of the Snowmobile Registration and
Safety Act, | ||
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar
provision proximately caused an incident resulting in | ||
an appropriate emergency
response, shall be required to make | ||
restitution to a public agency for the
costs of that emergency | ||
response. The restitution may not exceed $1,000 per
public | ||
agency for each emergency response. As used in this subsection | ||
(m),
"emergency response" means any incident requiring a |
response by a police
officer, a firefighter carried on the | ||
rolls of a regularly constituted fire
department, or an | ||
ambulance.
| ||
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||
93-840, eff. 7-30-04; 94-116, eff. 1-1-06; 94-963, eff. | ||
6-28-06.)
| ||
(Text of Section from P.A. 94-329 and 94-963) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or
drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual
physical | ||
control of any vehicle within this State while:
| ||
(1) the alcohol concentration in the person's blood or | ||
breath is 0.08
or more based on the definition of blood and | ||
breath units in Section 11-501.2;
| ||
(2) under the influence of alcohol;
| ||
(3) under the influence of any intoxicating compound or | ||
combination of
intoxicating compounds to a degree that | ||
renders the person incapable of
driving safely;
| ||
(4) under the influence of any other drug or | ||
combination of drugs to a
degree that renders the person | ||
incapable of safely driving;
| ||
(5) under the combined influence of alcohol, other drug | ||
or drugs, or
intoxicating compound or compounds to a degree |
that renders the person
incapable of safely driving; or
| ||
(6) there is any amount of a drug, substance, or | ||
compound in the
person's breath, blood, or urine resulting | ||
from the unlawful use or consumption
of cannabis listed in | ||
the Cannabis Control Act, a controlled substance listed
in | ||
the Illinois Controlled Substances Act, or an intoxicating | ||
compound listed
in the Use of Intoxicating Compounds Act.
| ||
(b) The fact that any person charged with violating this | ||
Section is or
has been legally entitled to use alcohol, other | ||
drug or drugs, or
intoxicating compound or compounds, or any
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
| ||
(b-1) With regard to penalties imposed under this Section:
| ||
(1) Any reference to a prior violation of subsection | ||
(a) or a similar
provision includes any violation of a | ||
provision of a local ordinance or a
provision of a law of | ||
another state that is similar to a violation of
subsection | ||
(a) of this Section.
| ||
(2) Any penalty imposed for driving with a license that | ||
has been revoked
for a previous violation of subsection (a) | ||
of this Section shall be in
addition to the penalty imposed | ||
for any subsequent violation of subsection (a).
| ||
(b-2) Except as otherwise provided in this Section, any | ||
person convicted of
violating subsection (a) of this Section is | ||
guilty of a Class A misdemeanor.
| ||
(b-3) In addition to any other criminal or administrative |
sanction for any
second conviction of violating subsection (a) | ||
or a similar provision committed
within 5 years of a previous | ||
violation of subsection (a) or a similar
provision, the | ||
defendant shall be sentenced to a mandatory minimum of 5 days | ||
of
imprisonment or assigned a mandatory minimum of 240 hours of | ||
community service
as may be determined by the court.
| ||
(b-4) In the case of a third or subsequent violation | ||
committed within 5
years of a previous violation of subsection | ||
(a) or a similar provision, in
addition to any other criminal | ||
or administrative sanction, a mandatory minimum
term of either | ||
10 days of imprisonment or 480 hours of community service shall
| ||
be imposed.
| ||
(b-5) The imprisonment or assignment of community service | ||
under subsections
(b-3) and (b-4) shall not be subject to | ||
suspension, nor shall the person be
eligible for a reduced | ||
sentence.
| ||
(c) (Blank).
| ||
(c-1) (1) A person who violates subsection (a)
during
a | ||
period in which his
or her driving privileges are revoked | ||
or suspended, where the revocation or
suspension was for a | ||
violation of subsection (a), Section
11-501.1, paragraph | ||
(b)
of Section 11-401, or for reckless homicide as defined | ||
in Section 9-3 of
the Criminal Code of 1961 is guilty of | ||
aggravated driving under the influence of alcohol, other | ||
drug or drugs, intoxicating compound or compounds, or any | ||
combination thereof and is guilty of a
Class 4 felony.
|
(2) A person who violates subsection (a) a third
time, | ||
if the third violation occurs during a period in
which his | ||
or her driving privileges are revoked or suspended where | ||
the
revocation
or suspension was for a violation of | ||
subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||
11-401, or for reckless homicide as defined in Section 9-3
| ||
of the Criminal Code of 1961, is guilty of aggravated | ||
driving under the influence of alcohol, other drug or | ||
drugs, intoxicating compound or compounds, or any | ||
combination thereof and is guilty of
a Class 3 felony. | ||
(2.1) A person who violates subsection (a) a third | ||
time, if the third
violation occurs during a period in | ||
which his or her driving privileges are
revoked or | ||
suspended where the revocation or suspension was for a | ||
violation of
subsection (a), Section 11-501.1, subsection | ||
(b) of Section 11-401, or for
reckless homicide as defined | ||
in Section
9-3 of the Criminal Code of 1961, is guilty of | ||
aggravated driving under the influence of alcohol, other | ||
drug or drugs, intoxicating compound or compounds, or any | ||
combination thereof and is guilty of a Class 3 felony; and | ||
if the
person receives a term of
probation or conditional | ||
discharge, he or she shall be required to serve a
mandatory
| ||
minimum of 10 days of imprisonment or shall be assigned a | ||
mandatory minimum of
480 hours of community service, as may | ||
be determined by the court, as a
condition of the probation | ||
or conditional discharge. This mandatory minimum
term of |
imprisonment or assignment of community service shall not | ||
be suspended
or reduced by the court.
| ||
(2.2) A person who violates subsection (a), if the
| ||
violation occurs during a period in which his or her | ||
driving privileges are
revoked or suspended where the | ||
revocation or suspension was for a violation of
subsection | ||
(a) or Section 11-501.1, is guilty of aggravated driving | ||
under the influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or any combination | ||
thereof and shall also be sentenced to an additional
| ||
mandatory minimum term of 30 consecutive days of | ||
imprisonment, 40 days of
24-hour periodic imprisonment, or | ||
720 hours of community service, as may be
determined by the | ||
court. This mandatory term of imprisonment or assignment of
| ||
community service shall not be suspended or reduced by the | ||
court.
| ||
(3) A person who violates subsection (a) a fourth or
| ||
subsequent time, if the fourth or subsequent violation | ||
occurs
during a period in which his
or her driving | ||
privileges are revoked or suspended where the revocation
or | ||
suspension was for a violation of subsection (a),
Section | ||
11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||
homicide as defined in
Section 9-3
of
the Criminal Code of | ||
1961, is guilty of aggravated driving under the influence | ||
of alcohol, other drug or drugs, intoxicating compound or | ||
compounds, or any combination thereof and is guilty of
a |
Class 2 felony, and is not eligible for a sentence of | ||
probation or
conditional discharge.
| ||
(c-2) (Blank).
| ||
(c-3) (Blank).
| ||
(c-4) (Blank).
| ||
(c-5) A person who violates subsection (a), if the person | ||
was transporting
a person under the age of 16 at the time of | ||
the violation, is subject to an
additional mandatory minimum | ||
fine of $1,000, an additional mandatory minimum
140 hours of | ||
community service, which shall include 40 hours of community
| ||
service in a program benefiting children, and an additional 2 | ||
days of
imprisonment. The imprisonment or assignment of | ||
community service under this
subsection (c-5) is not subject to | ||
suspension, nor is the person eligible for
a reduced sentence.
| ||
(c-6) Except as provided in subsections (c-7) and (c-8) a | ||
person who
violates
subsection (a) a second time, if at the | ||
time of
the second violation the person was transporting a | ||
person under the age of 16,
is subject to an additional 10 days | ||
of imprisonment, an additional mandatory
minimum fine of | ||
$1,000, and an additional mandatory minimum 140 hours of
| ||
community service, which shall include 40 hours of community | ||
service in a
program benefiting children.
The imprisonment or | ||
assignment of community service under this subsection (c-6)
is | ||
not subject to suspension, nor is the person eligible for a | ||
reduced
sentence.
| ||
(c-7) Except as provided in subsection (c-8), any person |
convicted of
violating subsection (c-6) or a similar
provision | ||
within 10 years of a previous violation of subsection (a) or a
| ||
similar provision shall receive, in addition to any other | ||
penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||
additional 40 hours of mandatory
community service in a program | ||
benefiting children, and a mandatory minimum
fine of $1,750. | ||
The imprisonment or assignment of community service under this
| ||
subsection (c-7) is not subject to suspension, nor is the | ||
person
eligible for a reduced sentence.
| ||
(c-8) Any person convicted of violating subsection (c-6) or | ||
a similar
provision within 5 years of a previous violation of | ||
subsection (a) or a similar
provision shall receive, in | ||
addition to any other penalty imposed, an
additional 80 hours | ||
of mandatory community service in a program benefiting
| ||
children, an additional mandatory minimum 12 days of | ||
imprisonment, and a
mandatory minimum fine of $1,750. The | ||
imprisonment or assignment of community
service under this | ||
subsection (c-8) is not subject to suspension, nor
is the
| ||
person eligible for a reduced sentence.
| ||
(c-9) Any person convicted a third time for violating | ||
subsection (a) or a
similar provision, if at the time of the | ||
third violation the person was
transporting a person under the | ||
age of 16, is guilty of a Class 4 felony and shall
receive, in | ||
addition to any other
penalty imposed, an additional mandatory | ||
fine of $1,000, an additional
mandatory 140 hours of community | ||
service, which shall include 40 hours in a
program benefiting |
children, and a mandatory minimum 30 days of imprisonment.
The | ||
imprisonment or assignment of community service under this | ||
subsection (c-9)
is not subject to suspension, nor is the | ||
person eligible for a reduced
sentence.
| ||
(c-10) Any person convicted of violating subsection (c-9) | ||
or a similar
provision a third time within 20 years of a | ||
previous violation of subsection
(a) or a
similar provision is | ||
guilty of a Class 4 felony and shall receive, in addition
to | ||
any other penalty imposed, an additional mandatory 40 hours of | ||
community
service in a program benefiting children, an | ||
additional mandatory fine of
$3,000, and a mandatory minimum | ||
120 days of imprisonment. The imprisonment or
assignment of | ||
community service under this subsection (c-10) is not subject | ||
to
suspension, nor is the person eligible for a reduced | ||
sentence.
| ||
(c-11) Any person convicted a fourth or subsequent time for | ||
violating
subsection (a) or a similar provision, if at the time | ||
of the fourth or
subsequent violation the person was | ||
transporting a person under the age of 16,
and if the person's | ||
3 prior violations of subsection (a) or a similar provision
| ||
occurred while transporting a person under the age of 16 or | ||
while the alcohol
concentration in his or her blood, breath, or | ||
urine was 0.16 or more based
on the definition of blood, | ||
breath, or urine units in Section 11-501.2, is
guilty of a | ||
Class 2 felony, is not eligible for probation or conditional
| ||
discharge, and is subject to a minimum fine of $3,000.
|
(c-12) Any person convicted of a first violation of | ||
subsection (a) or a
similar provision, if the alcohol | ||
concentration in his or her blood, breath, or
urine was 0.16 or | ||
more based on the definition of blood, breath, or urine
units | ||
in Section 11-501.2, shall be subject, in addition to any other | ||
penalty
that may be imposed, to a mandatory minimum of 100 | ||
hours of community service
and a mandatory minimum fine of | ||
$500.
| ||
(c-13) Any person convicted of a second violation of | ||
subsection (a) or a similar provision committed within 10 years | ||
of a previous violation of subsection (a) or a similar | ||
provision committed within 10 years of a previous violation of | ||
subsection (a) or a similar provision, if at the time of the | ||
second violation of subsection (a) the
alcohol concentration in | ||
his or her blood, breath, or urine was 0.16 or more
based on | ||
the definition of blood, breath, or urine units in Section | ||
11-501.2,
shall be
subject, in addition to any other penalty | ||
that may be imposed, to a mandatory
minimum of 2 days of | ||
imprisonment and a mandatory minimum fine of $1,250.
| ||
(c-14) Any person convicted of a third violation of | ||
subsection (a) or a
similar provision within 20 years of a | ||
previous violation of subsection (a) or
a
similar provision, if | ||
at the time of the third violation of subsection (a) or a
| ||
similar provision the alcohol concentration in his or her | ||
blood, breath, or
urine was 0.16 or more based on the | ||
definition of blood, breath, or urine units
in Section |
11-501.2, is guilty of a Class 4 felony and shall be subject, | ||
in
addition to any other penalty that may be imposed, to a | ||
mandatory minimum of
90 days of imprisonment and a mandatory | ||
minimum fine of $2,500.
| ||
(c-15) Any person convicted of a fourth or subsequent | ||
violation of
subsection
(a) or a similar provision, if at the | ||
time of the fourth or subsequent
violation the alcohol | ||
concentration in his or her blood, breath, or urine was
0.16 or | ||
more based on the definition of blood, breath, or urine units | ||
in
Section 11-501.2, and if the person's 3 prior violations of | ||
subsection (a) or a
similar provision occurred while | ||
transporting a person under the age of 16 or
while the alcohol | ||
concentration in his or her blood, breath, or urine was 0.16
or | ||
more based on the definition of blood, breath, or urine units | ||
in Section
11-501.2, is guilty of a Class 2 felony and is not | ||
eligible for a sentence of
probation or conditional discharge | ||
and is subject to a minimum fine of
$2,500.
| ||
(d) (1) Every person convicted of committing a violation of | ||
this Section
shall be guilty of aggravated driving under | ||
the influence of alcohol,
other drug or drugs, or | ||
intoxicating compound or compounds, or any combination
| ||
thereof if:
| ||
(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
| ||
(B) the person committed a violation of subsection |
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
| ||
(C) the person in committing a violation of | ||
subsection
(a) was
involved in a motor vehicle accident | ||
that resulted in great bodily harm or
permanent | ||
disability or disfigurement to another, when the | ||
violation was
a proximate cause of the injuries;
| ||
(D) the person committed a violation of subsection | ||
(a)
for a
second time and has been previously convicted | ||
of violating Section 9-3 of the
Criminal Code of 1961 | ||
or a similar provision of a law of another state | ||
relating to reckless homicide in which the person was
| ||
determined to have been under the influence of alcohol, | ||
other drug or
drugs, or intoxicating compound or | ||
compounds as an element of the offense or
the person | ||
has previously been convicted
under subparagraph (C) | ||
or subparagraph (F) of this paragraph (1);
| ||
(E) the person, in committing a violation of | ||
subsection (a) while
driving at any speed in a school | ||
speed zone at a time when a speed limit of
20 miles per | ||
hour was in effect under subsection (a) of Section | ||
11-605 of
this Code, was involved in a motor vehicle | ||
accident that resulted in bodily
harm, other than great | ||
bodily harm or permanent disability or disfigurement,
| ||
to another person, when the violation of subsection (a) | ||
was a
proximate cause
of the bodily harm; or
|
(F) the person, in committing a violation of | ||
subsection (a), was
involved in a motor vehicle, | ||
snowmobile, all-terrain vehicle, or watercraft
| ||
accident that resulted in
the death of another person, | ||
when the violation of subsection
(a) was
a proximate | ||
cause of the death;
| ||
(G) the person committed the violation while he or | ||
she did not possess a driver's license or permit or a | ||
restricted driving permit or a judicial driving | ||
permit; or
| ||
(H) the person committed the violation while he or | ||
she knew or should have known that the vehicle he or | ||
she was driving was not covered by a liability | ||
insurance policy.
| ||
(2) Except as provided in this paragraph (2) and in | ||
paragraphs (2), (2.1), and (3) of subsection (c-1), a | ||
person convicted of
aggravated driving under
the
influence | ||
of alcohol, other drug or
drugs,
or intoxicating compound | ||
or compounds, or any
combination thereof is guilty of a | ||
Class 4 felony. For a violation of
subparagraph (C)
of
| ||
paragraph (1) of this subsection (d), the defendant, if | ||
sentenced to a term
of imprisonment, shall be sentenced
to | ||
not less than
one year nor more than 12 years.
Aggravated | ||
driving under the influence of alcohol, other drug or | ||
drugs,
or intoxicating compound or compounds, or any | ||
combination thereof as
defined in subparagraph (F) of |
paragraph (1) of this subsection (d) is
a Class 2 felony, | ||
for which the defendant, if sentenced to a term of
| ||
imprisonment, shall be sentenced to: (A) a
term of | ||
imprisonment of not less than 3 years and not more
than 14 | ||
years if the violation resulted in the death of one person; | ||
or
(B) a term of imprisonment of not less than 6 years and | ||
not
more than 28 years if the violation resulted in the | ||
deaths of 2 or more
persons.
For any prosecution under this | ||
subsection
(d), a certified copy of the
driving abstract of | ||
the defendant shall be admitted as proof of any prior
| ||
conviction.
Any person sentenced under this subsection (d) | ||
who receives a term of
probation
or conditional discharge | ||
must serve a minimum term of either 480 hours of
community | ||
service or 10 days of imprisonment as a condition of the | ||
probation or
conditional discharge. This mandatory minimum | ||
term of imprisonment or
assignment of community service may | ||
not be suspended or reduced by the court.
| ||
(e) After a finding of guilt and prior to any final | ||
sentencing, or an
order for supervision, for an offense based | ||
upon an arrest for a
violation of this Section or a similar | ||
provision of a local ordinance,
individuals shall be required | ||
to undergo a professional evaluation to
determine if an | ||
alcohol, drug, or intoxicating compound abuse problem exists
| ||
and the
extent of the problem, and undergo the imposition of | ||
treatment as appropriate.
Programs conducting these | ||
evaluations shall be
licensed by the Department of Human |
Services. The cost of any professional
evaluation shall be paid | ||
for by the
individual
required to undergo the professional | ||
evaluation.
| ||
(e-1) Any person who is found guilty of or pleads guilty to | ||
violating this
Section, including any person receiving a | ||
disposition of court supervision for
violating this Section, | ||
may be required by the Court to attend a victim
impact panel | ||
offered by, or under contract with, a County State's Attorney's
| ||
office, a probation and court services department, Mothers | ||
Against Drunk
Driving,
or the Alliance Against Intoxicated | ||
Motorists.
All costs generated by
the victim impact panel shall | ||
be paid from fees collected from the
offender or as may be | ||
determined by the court.
| ||
(f) Every person found guilty of violating this Section, | ||
whose
operation of a motor vehicle while in violation of this | ||
Section proximately
caused any incident resulting in an | ||
appropriate emergency response, shall
be liable for the expense | ||
of an emergency response as provided under
Section 5-5-3 of the | ||
Unified Code of Corrections.
| ||
(g) The Secretary of State shall revoke the driving | ||
privileges of any
person convicted under this Section or a | ||
similar provision of a local
ordinance.
| ||
(h) (Blank).
| ||
(i) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by an | ||
individual who has been convicted of a
second
or subsequent |
offense of this Section or a similar provision of a local
| ||
ordinance. The Secretary shall establish by rule and regulation | ||
the procedures
for certification and use of the interlock | ||
system.
| ||
(j) In addition to any other penalties and liabilities, a | ||
person who is
found guilty of or pleads guilty to violating | ||
subsection (a), including any
person placed on court | ||
supervision for violating subsection (a), shall be fined
$500, | ||
payable to the
circuit clerk, who shall distribute the money as | ||
follows: 20% to the law enforcement agency
that made the arrest | ||
and 80% shall be forwarded to the State Treasurer for deposit | ||
into the General Revenue Fund. If the person has been | ||
previously convicted of violating
subsection (a) or a similar | ||
provision of a local
ordinance, the fine shall be
$1,000. In | ||
the event that more than one agency is responsible
for the | ||
arrest, the amount payable to law enforcement agencies shall be | ||
shared equally. Any moneys received
by a law
enforcement agency | ||
under this subsection (j) shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law
enforcement equipment and | ||
commodities that will assist in the prevention of alcohol | ||
related
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations. Equipment and commodities | ||
shall include, but are not limited
to, in-car video cameras, | ||
radar and laser speed detection devices, and alcohol
breath | ||
testers.
Any moneys received by the Department of State Police | ||
under this subsection
(j) shall be deposited into the State | ||
Police DUI Fund and shall be used for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the
purchase of law enforcement equipment and | ||
commodities that will assist in the prevention of
alcohol | ||
related criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(k) The Secretary of State Police DUI Fund is created as a | ||
special
fund in the State treasury. All moneys received by the | ||
Secretary of State
Police under subsection (j) of this Section | ||
shall be deposited into the
Secretary of State Police DUI Fund | ||
and, subject to appropriation, shall be
used for enforcement | ||
and prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law enforcement equipment and | ||
commodities to assist in the prevention of
alcohol related | ||
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(l) Whenever an individual is sentenced for an offense | ||
based upon an
arrest for a violation of subsection (a) or a | ||
similar provision of a local
ordinance, and the professional | ||
evaluation recommends remedial or
rehabilitative treatment or | ||
education, neither the treatment nor the education
shall be the | ||
sole disposition and either or both may be imposed only in
| ||
conjunction with another disposition. The court shall monitor | ||
compliance with
any remedial education or treatment | ||
recommendations contained in the
professional evaluation. | ||
Programs conducting alcohol or other drug evaluation
or | ||
remedial education must be licensed by the Department of Human | ||
Services. If
the individual is not a resident of Illinois, | ||
however, the court may accept an
alcohol or other drug | ||
evaluation or remedial education program in the
individual's | ||
state of residence. Programs providing treatment must be | ||
licensed
under existing applicable alcoholism and drug | ||
treatment licensure standards.
|
(m) In addition to any other fine or penalty required by | ||
law, an individual
convicted of a violation of subsection (a), | ||
Section 5-7 of the Snowmobile
Registration and Safety Act, | ||
Section 5-16 of the Boat Registration and Safety
Act, or a | ||
similar provision, whose operation of a motor vehicle, | ||
snowmobile, or
watercraft while in
violation of subsection (a), | ||
Section 5-7 of the Snowmobile Registration and
Safety Act, | ||
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar
provision proximately caused an incident resulting in | ||
an appropriate emergency
response, shall be required to make | ||
restitution to a public agency for the
costs of that emergency | ||
response. The restitution may not exceed $1,000 per
public | ||
agency for each emergency response. As used in this subsection | ||
(m),
"emergency response" means any incident requiring a | ||
response by a police
officer, a firefighter carried on the | ||
rolls of a regularly constituted fire
department, or an | ||
ambulance.
| ||
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; | ||
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; | ||
93-840, eff. 7-30-04; 94-329, eff. 1-1-06; 94-963, eff. | ||
6-28-06.)
| ||
(625 ILCS 5/11-501.01 new)
| ||
Sec. 11-501.01. Additional administrative sanctions. | ||
(a) After a finding of guilt and prior to any final | ||
sentencing or an order for supervision, for an offense based |
upon an arrest for a violation of Section 11-501 or a similar | ||
provision of a local ordinance, individuals shall be required | ||
to undergo a professional evaluation to determine if an | ||
alcohol, drug, or intoxicating compound abuse problem exists | ||
and the extent of the problem, and undergo the imposition of | ||
treatment as appropriate. Programs conducting these | ||
evaluations shall be licensed by the Department of Human | ||
Services. The cost of any professional evaluation shall be paid | ||
for by the individual required to undergo the professional | ||
evaluation. | ||
(b) Any person who is found guilty of or pleads guilty to | ||
violating Section 11-501, including any person receiving a | ||
disposition of court supervision for violating that Section, | ||
may be required by the Court to attend a victim impact panel | ||
offered by, or under contract with, a county State's Attorney's | ||
office, a probation and court services department, Mothers | ||
Against Drunk Driving, or the Alliance Against Intoxicated | ||
Motorists. All costs generated by the victim impact panel shall | ||
be paid from fees collected from the offender or as may be | ||
determined by the court. | ||
(c) Every person found guilty of violating Section 11-501, | ||
whose operation of a motor vehicle while in violation of that | ||
Section proximately caused any incident resulting in an | ||
appropriate emergency response, shall be liable for the expense | ||
of an emergency response as provided in subsection (i) of this | ||
Section. |
(d) The Secretary of State shall revoke the driving | ||
privileges of any person convicted under Section 11-501 or a | ||
similar provision of a local ordinance. | ||
(e) The Secretary of State shall require the use of | ||
ignition interlock devices on all vehicles owned by an | ||
individual who has been convicted of a second or subsequent | ||
offense of Section 11-501 or a similar provision of a local | ||
ordinance. The Secretary shall establish by rule and regulation | ||
the procedures for certification and use of the interlock | ||
system. | ||
(f) In addition to any other penalties and liabilities, a | ||
person who is found guilty of or pleads guilty to violating | ||
Section 11-501, including any person placed on court | ||
supervision for violating Section 11-501, shall be assessed | ||
$500, payable to the circuit clerk, who shall distribute the | ||
money as follows: 20% to the law enforcement agency that made | ||
the arrest, and 80% shall be forwarded to the State Treasurer | ||
for deposit into the General Revenue Fund. If the person has | ||
been previously convicted of violating Section 11-501 or a | ||
similar provision of a local ordinance, the fine shall be | ||
$1,000. In the event that more than one agency is responsible | ||
for the arrest, the amount payable to law enforcement agencies | ||
shall be shared equally. Any moneys received by a law | ||
enforcement agency under this subsection (f) shall be used to | ||
purchase law enforcement equipment that will assist in the | ||
prevention of alcohol related criminal violence throughout the |
State. This shall include, but is not limited to, in-car video | ||
cameras, radar and laser speed detection devices, and alcohol | ||
breath testers. Any moneys received by the Department of State | ||
Police under this subsection (f) shall be deposited into the | ||
State Police DUI Fund and shall be used to purchase law | ||
enforcement equipment that will assist in the prevention of | ||
alcohol related criminal violence throughout the State. | ||
(g) The Secretary of State Police DUI Fund is created as a | ||
special fund in the State treasury. All moneys received by the | ||
Secretary of State Police under subsection (f) of this Section | ||
shall be deposited into the Secretary of State Police DUI Fund | ||
and, subject to appropriation, shall be used to purchase law | ||
enforcement equipment to assist in the prevention of alcohol | ||
related criminal violence throughout the State. | ||
(h) Whenever an individual is sentenced for an offense | ||
based upon an arrest for a violation of Section 11-501 or a | ||
similar provision of a local ordinance, and the professional | ||
evaluation recommends remedial or rehabilitative treatment or | ||
education, neither the treatment nor the education shall be the | ||
sole disposition and either or both may be imposed only in | ||
conjunction with another disposition. The court shall monitor | ||
compliance with any remedial education or treatment | ||
recommendations contained in the professional evaluation. | ||
Programs conducting alcohol or other drug evaluation or | ||
remedial education must be licensed by the Department of Human | ||
Services. If the individual is not a resident of Illinois, |
however, the court may accept an alcohol or other drug | ||
evaluation or remedial education program in the individual's | ||
state of residence. Programs providing treatment must be | ||
licensed under existing applicable alcoholism and drug | ||
treatment licensure standards. | ||
(i) In addition to any other fine or penalty required by | ||
law, an individual convicted of a violation of Section 11-501, | ||
Section 5-7 of the Snowmobile Registration and Safety Act, | ||
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar provision, whose operation of a motor vehicle, | ||
snowmobile, or watercraft while in violation of Section 11-501, | ||
Section 5-7 of the Snowmobile Registration and Safety Act, | ||
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar provision proximately caused an incident resulting in | ||
an appropriate emergency response, shall be required to make | ||
restitution to a public agency for the costs of that emergency | ||
response. The restitution may not exceed $1,000 per public | ||
agency for each emergency response. As used in this subsection | ||
(i), "emergency response" means any incident requiring a | ||
response by a police officer, a firefighter carried on the | ||
rolls of a regularly constituted fire department, or an | ||
ambulance. | ||
Section 10. If and only if Senate
Bill 300 of the 95th | ||
General Assembly becomes law and the changes to Section 6-206.1 | ||
of the Illinois Vehicle Code in that bill become law in the |
form in which they appear in House Amendment No. 1 to that | ||
bill, the Illinois Vehicle Code is amended by changing Section | ||
6-206.1 as follows:
| ||
(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
| ||
Sec. 6-206.1. Monitoring Device Driving Permit. | ||
Declaration of Policy. It is hereby declared a policy of the
| ||
State of Illinois that the driver who is impaired by alcohol, | ||
other drug or
drugs, or intoxicating compound or compounds is a
| ||
threat to the public safety and welfare. Therefore, to
provide | ||
a deterrent to such practice and to remove problem drivers from
| ||
the highway, a statutory summary driver's license suspension is | ||
appropriate.
It is also recognized that driving is a privilege | ||
and therefore, that the granting of driving privileges, in a | ||
manner consistent with public
safety, is warranted during the | ||
period of suspension in the form of a monitoring device driving | ||
permit. A person who drives and fails to comply with the | ||
requirements of the monitoring device driving permit commits a | ||
violation of Section 6-303 of this Code.
| ||
The following procedures shall apply whenever
a first | ||
offender is arrested for any offense as defined in Section | ||
11-501
or a similar provision of a local ordinance:
| ||
(a) Subsequent to a notification of a statutory summary | ||
suspension of
driving privileges as provided in Section | ||
11-501.1, the court, after informing the first offender, as | ||
defined in Section 11-500, of his or her right to a monitoring |
device driving permit, hereinafter referred to as a MDDP, and | ||
of the obligations of the MDDP, shall enter an order directing | ||
the Secretary of State to issue a MDDP to the offender, unless | ||
the offender has opted, in writing, not to have a MDDP issued. | ||
However, the court shall not enter the order directing the | ||
Secretary of State to issue the MDDP, if the court finds:
| ||
(1) The offender's driver's license is otherwise | ||
invalid
valid ; | ||
(2) Death
No death or great bodily harm resulted from | ||
the arrest for Section 11-501; | ||
(3) That the offender has not been previously convicted | ||
of reckless homicide; or
and | ||
(4) That the offender is not less than 18 years of age. | ||
Any court order for a MDDP shall order the person to pay the | ||
Secretary of State a MDDP Administration Fee an amount not to | ||
exceed $30 per month. The Secretary shall establish by rule the | ||
amount and the procedures, terms, and conditions relating to | ||
these fees. The order shall further specify that the offender | ||
must have an ignition interlock device installed within 14 days | ||
of the date the Secretary issues the MDDP, and shall specify | ||
the vehicle in which the device is to be installed. The | ||
ignition interlock device provider must notify the Secretary, | ||
in a manner and form prescribed by the Secretary, of the | ||
installation. If the Secretary does not receive notice of | ||
installation, the Secretary shall cancel the MDDP.
| ||
A MDDP shall not become effective prior to the 31st
day of the |
original statutory summary suspension.
| ||
(a-1) A person issued a MDDP may drive for any purpose and | ||
at any time, subject to the rules adopted by the Secretary of | ||
State under subsection (g). The person must, at his or her own | ||
expense, drive only vehicles equipped with an ignition | ||
interlock device as defined in Section 1-129.1, but in no event | ||
shall such person drive a commercial motor vehicle. | ||
(a-2) Persons who are issued a MDDP and must drive | ||
employer-owned vehicles in the course of their employment | ||
duties may seek permission from the court to drive an | ||
employer-owned vehicle that does not have an ignition interlock | ||
device. The employee shall provide to the court a form, | ||
prescribed by the Secretary of State, completed by the employer | ||
verifying that the employee must drive an employer-owned | ||
vehicle in the course of employment. If approved by the court, | ||
the form must be file stamped and must be in the driver's | ||
possession while operating an employer-owner vehicle not | ||
equipped with an ignition interlock device. No person may use | ||
this exemption to drive a school bus, school vehicle, or a | ||
vehicle designed to transport more than 15 passengers. No | ||
person may use this exemption to drive an employer-owned motor | ||
vehicle that is owned by an entity that is wholly or partially | ||
owned by the person holding the MDDP, or by an family member of | ||
the person holding the MDDP. No person may use this exemption | ||
to drive an employer-owned vehicle that is made available to | ||
the employee for personal use. No person may drive the exempted |
vehicle more than 12 hours per day, 6 days per week.
| ||
(b) (Blank).
| ||
(c) (Blank).
| ||
(c-1) | ||
If the person is issued a citation for a violation of Section | ||
6-303 or a violation of Section 11-501 or a similar provision | ||
of a local ordinance or a similar out of state offense during | ||
the term of the MDDP, the officer issuing the citation, or the | ||
law enforcement agency employing that officer, shall | ||
confiscate the MDDP and immediately send the MDDP and notice of | ||
the citation to the court that ordered the issuance of the | ||
MDDP. Within 10 days of receipt, the issuing court, upon notice | ||
to the person, shall conduct a hearing to consider cancellation | ||
of the MDDP. If the court enters an order of cancellation, the | ||
court shall forward the order to the Secretary of State, and | ||
the Secretary shall cancel the MDDP and notify the person of | ||
the cancellation. If, however, the person is convicted of the | ||
offense before the MDDP has been cancelled, the court of venue | ||
shall send notice of conviction to the court that ordered | ||
issuance of the MDDP. The court receiving the notice shall | ||
immediately enter an order of cancellation and forward the | ||
order to the Secretary of State. The Secretary shall cancel the | ||
MDDP
JDP and notify the person of the cancellation. | ||
If the person is issued a citation for any other traffic | ||
related offense during the term of the MDDP, the officer | ||
issuing the citation, or the law enforcement agency employing |
that officer, shall send notice of the citation to the court | ||
that ordered issuance of the MDDP. Upon receipt and notice to | ||
the person and an opportunity for a hearing, the court shall | ||
determine whether the violation constitutes grounds for | ||
cancellation of the MDDP. If the court enters an order of | ||
cancellation, the court shall forward the order to the | ||
Secretary of State, and the Secretary shall cancel the MDDP and | ||
shall notify the person of the cancellation.
| ||
(c-5) If the court determines that the person seeking the | ||
MDDP is indigent, the court shall provide the person with a | ||
written document, in a form prescribed by the Secretary of | ||
State, as evidence of that determination, and the person shall | ||
provide that written document to an ignition interlock device | ||
provider. The provider shall install an ignition interlock | ||
device on that person's vehicle without charge to the person, | ||
and seek reimbursement from the Indigent BAIID Fund.
| ||
(d) The Secretary of State shall, upon receiving a court | ||
order
from the court of venue, issue a MDDP to a person who | ||
applies under this
Section. Such court order form shall also | ||
contain a notification, which
shall be sent to the Secretary of | ||
State, providing the name, driver's
license number and legal | ||
address of the applicant. This information
shall be available | ||
only to the courts, police officers, and the Secretary
of | ||
State, except during the actual period the MDDP is valid, | ||
during which
time it shall be a public record. The Secretary of | ||
State shall design and
furnish to the courts an official court |
order form to be used by the courts
when directing the | ||
Secretary of State to issue a MDDP.
| ||
Any submitted court order that contains insufficient data | ||
or fails to
comply with this Code shall not be utilized for | ||
MDDP issuance or entered to
the driver record but shall be | ||
returned to the issuing court indicating why
the MDDP cannot be | ||
so entered. A notice of this action shall also be sent
to the | ||
MDDP applicant by the Secretary of State.
| ||
(e) (Blank).
| ||
(f) (Blank).
| ||
(g) The Secretary of State shall adopt rules for | ||
implementing this Section. The rules adopted shall address | ||
issues including, but not limited to: compliance with the | ||
requirements of the MDDP; methods for determining compliance | ||
with those requirements; the consequences of noncompliance | ||
with those requirements; what constitutes a violation of the | ||
MDDP; and the duties of a person or entity that supplies the | ||
ignition interlock device. | ||
(h) The rules adopted under subsection (g) shall provide, | ||
at a minimum, that the person is not in compliance with the | ||
requirements of the MDDP if he or she: | ||
(1) tampers or attempts to tamper with or circumvent | ||
the proper operation of the ignition interlock device; | ||
(2) provides valid breath samples that register blood | ||
alcohol levels in excess of the number of times allowed | ||
under the rules; |
(3) fails to provide evidence sufficient to satisfy the | ||
Secretary that the ignition interlock device has been | ||
installed in the designated vehicle or vehicles; or | ||
(4) fails to follow any other applicable rules adopted | ||
by the Secretary. | ||
(i) Any person or entity that supplies an ignition | ||
interlock device as provided under this Section shall, in | ||
addition to supplying only those devices which fully comply | ||
with all the rules adopted under subsection (g), provide the | ||
Secretary, within 7 days of inspection, all monitoring reports | ||
of each person who has had an ignition interlock device | ||
installed. These reports shall be furnished in a manner or form | ||
as prescribed by the Secretary. | ||
(j) Upon making a determination that a violation of the | ||
requirements of the MDDP has occurred, the Secretary shall | ||
extend the summary suspension period for an additional 3 months | ||
beyond the originally imposed summary suspension period, | ||
during which time the person shall only be allowed to drive | ||
vehicles equipped with an ignition interlock device; provided | ||
further there are no limitations on the number of times the | ||
summary suspension may be extended. Any person whose summary | ||
suspension is extended pursuant to this Section shall have the | ||
right to contest the extension through an administrative | ||
hearing with the Secretary. If the summary suspension has | ||
already terminated prior to the Secretary receiving the | ||
monitoring report that shows a violation, the Secretary shall |
be authorized to suspend the person's driving privileges for 3 | ||
months. The only permit the person shall be eligible for during | ||
this new suspension period is a MDDP. | ||
(k) A person who has had his or her summary suspension | ||
extended for the third time shall have his or her vehicle | ||
impounded for a period of 30 days, at the person's own expense. | ||
A person who has his or her summary suspension extended for the | ||
fourth time shall have his or her vehicle subject to seizure | ||
and forfeiture. The Secretary shall notify the prosecuting | ||
authority of any third or fourth extensions. Upon receipt of | ||
the notification, the prosecuting authority shall impound or | ||
forfeit the vehicle. | ||
(l) A person whose driving privileges have been suspended | ||
under Section 11-501.1 of this Code and who had a MDDP that was | ||
cancelled pursuant to subsection (c-1) of this Section, shall | ||
not be eligible for reinstatement when the summary suspension | ||
is scheduled to terminate, but instead shall be eligible only | ||
to apply for a restricted driving permit. If a restricted | ||
driving permit is granted, the offender may only operate | ||
vehicles equipped with an ignition interlock device, for a | ||
period of not less than twice the original summary suspension | ||
period. | ||
(m) Any person or entity that supplies an ignition | ||
interlock device under this Section shall, for each ignition | ||
interlock device installed, pay 5% of the total gross revenue | ||
received for the device into the Indigent BAIID Fund. This 5% |
shall be clearly indicated as a separate surcharge on each | ||
invoice that is issued. The Secretary shall conduct an annual | ||
review of the fund to determine whether the surcharge is | ||
sufficient to provide for indigent users. The Secretary may | ||
increase of decrease this surcharge requirement as needed. | ||
(n) Any person or entity that supplies an ignition | ||
interlock device under this Section that is requested to | ||
provide an ignition interlock device to a person who presents | ||
written documentation of indigency from the court, as provided | ||
in subsection (c-5) of this Section, shall install the device | ||
on the person's vehicle without charge to the person and shall | ||
seek reimbursement from the Indigent BAIID Fund. | ||
(o) The Indigent BAIID Fund is created as a special fund in | ||
the State treasury. The Secretary of State shall, subject to | ||
appropriation by the General Assembly, use all money in the | ||
Indigent BAIID Fund to reimburse ignition interlock device | ||
providers who have installed devices in vehicles of indigent | ||
persons pursuant to court orders issued under this Section. The | ||
Secretary shall make payments to such providers every 3 months. | ||
If the amount of money in the fund at the time payments are | ||
made is not sufficient to pay all requests for reimbursement | ||
submitted during that 3 month period, the Secretary shall make | ||
payments on a pro-rata basis, and those payments shall be | ||
considered payment in full for the requests submitted. | ||
(p) The Monitoring Device Driving Permit Administration | ||
Fee Fund is created as a special fund in the State treasury. |
The Secretary of State shall, subject to appropriation by the | ||
General Assembly, use the money paid into this fund to offset | ||
its administrative costs for administering MDDPs.
| ||
(Source: P.A. 94-307, eff. 9-30-05; 94-357, eff. 1-1-06; | ||
94-930, eff. 6-26-06; 09500SB0300ham001.)
| ||
Section 15. The Unified Code of Corrections is amended by | ||
changing Sections 5-6-3 and 5-8-7 as follows: | ||
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
| ||
Sec. 5-6-3. Conditions of Probation and of Conditional | ||
Discharge.
| ||
(a) The conditions of probation and of conditional | ||
discharge shall be
that the person:
| ||
(1) not violate any criminal statute of any | ||
jurisdiction;
| ||
(2) report to or appear in person before such person or | ||
agency as
directed by the court;
| ||
(3) refrain from possessing a firearm or other | ||
dangerous weapon;
| ||
(4) not leave the State without the consent of the | ||
court or, in
circumstances in which the reason for the | ||
absence is of such an emergency
nature that prior consent | ||
by the court is not possible, without the prior
| ||
notification and approval of the person's probation
| ||
officer. Transfer of a person's probation or conditional |
discharge
supervision to another state is subject to | ||
acceptance by the other state
pursuant to the Interstate | ||
Compact for Adult Offender Supervision;
| ||
(5) permit the probation officer to visit
him at his | ||
home or elsewhere
to the extent necessary to discharge his | ||
duties;
| ||
(6) perform no less than 30 hours of community service | ||
and not more than
120 hours of community service, if | ||
community service is available in the
jurisdiction and is | ||
funded and approved by the county board where the offense
| ||
was committed, where the offense was related to or in | ||
furtherance of the
criminal activities of an organized gang | ||
and was motivated by the offender's
membership in or | ||
allegiance to an organized gang. The community service | ||
shall
include, but not be limited to, the cleanup and | ||
repair of any damage caused by
a violation of Section | ||
21-1.3 of the Criminal Code of 1961 and similar damage
to | ||
property located within the municipality or county in which | ||
the violation
occurred. When possible and reasonable, the | ||
community service should be
performed in the offender's | ||
neighborhood. For purposes of this Section,
"organized | ||
gang" has the meaning ascribed to it in Section 10 of the | ||
Illinois
Streetgang Terrorism Omnibus Prevention Act;
| ||
(7) if he or she is at least 17 years of age and has | ||
been sentenced to
probation or conditional discharge for a | ||
misdemeanor or felony in a county of
3,000,000 or more |
inhabitants and has not been previously convicted of a
| ||
misdemeanor or felony, may be required by the sentencing | ||
court to attend
educational courses designed to prepare the | ||
defendant for a high school diploma
and to work toward a | ||
high school diploma or to work toward passing the high
| ||
school level Test of General Educational Development (GED) | ||
or to work toward
completing a vocational training program | ||
approved by the court. The person on
probation or | ||
conditional discharge must attend a public institution of
| ||
education to obtain the educational or vocational training | ||
required by this
clause (7). The court shall revoke the | ||
probation or conditional discharge of a
person who wilfully | ||
fails to comply with this clause (7). The person on
| ||
probation or conditional discharge shall be required to pay | ||
for the cost of the
educational courses or GED test, if a | ||
fee is charged for those courses or
test. The court shall | ||
resentence the offender whose probation or conditional
| ||
discharge has been revoked as provided in Section 5-6-4. | ||
This clause (7) does
not apply to a person who has a high | ||
school diploma or has successfully passed
the GED test. | ||
This clause (7) does not apply to a person who is | ||
determined by
the court to be developmentally disabled or | ||
otherwise mentally incapable of
completing the educational | ||
or vocational program;
| ||
(8) if convicted of possession of a substance | ||
prohibited
by the Cannabis Control Act, the Illinois |
Controlled Substances Act, or the Methamphetamine Control | ||
and Community Protection Act
after a previous conviction or | ||
disposition of supervision for possession of a
substance | ||
prohibited by the Cannabis Control Act or Illinois | ||
Controlled
Substances Act or after a sentence of probation | ||
under Section 10 of the
Cannabis
Control Act, Section 410 | ||
of the Illinois Controlled Substances Act, or Section 70 of | ||
the Methamphetamine Control and Community Protection Act | ||
and upon a
finding by the court that the person is | ||
addicted, undergo treatment at a
substance abuse program | ||
approved by the court;
| ||
(8.5) if convicted of a felony sex offense as defined | ||
in the Sex
Offender
Management Board Act, the person shall | ||
undergo and successfully complete sex
offender treatment | ||
by a treatment provider approved by the Board and conducted
| ||
in conformance with the standards developed under the Sex
| ||
Offender Management Board Act;
| ||
(8.6) if convicted of a sex offense as defined in the | ||
Sex Offender Management Board Act, refrain from residing at | ||
the same address or in the same condominium unit or | ||
apartment unit or in the same condominium complex or | ||
apartment complex with another person he or she knows or | ||
reasonably should know is a convicted sex offender or has | ||
been placed on supervision for a sex offense; the | ||
provisions of this paragraph do not apply to a person | ||
convicted of a sex offense who is placed in a Department of |
Corrections licensed transitional housing facility for sex | ||
offenders; and | ||
(9) if convicted of a felony, physically surrender at a | ||
time and place
designated by the court, his or her Firearm
| ||
Owner's Identification Card and
any and all firearms in
his | ||
or her possession; and
| ||
(10) if convicted of a sex offense as defined in | ||
subsection (a-5) of Section 3-1-2 of this Code, unless the | ||
offender is a parent or guardian of the person under 18 | ||
years of age present in the home and no non-familial minors | ||
are present, not participate in a holiday event involving | ||
children under 18 years of age, such as distributing candy | ||
or other items to children on Halloween, wearing a Santa | ||
Claus costume on or preceding Christmas, being employed as | ||
a department store Santa Claus, or wearing an Easter Bunny | ||
costume on or preceding Easter. | ||
(b) The Court may in addition to other reasonable | ||
conditions relating to the
nature of the offense or the | ||
rehabilitation of the defendant as determined for
each | ||
defendant in the proper discretion of the Court require that | ||
the person:
| ||
(1) serve a term of periodic imprisonment under Article | ||
7 for a
period not to exceed that specified in paragraph | ||
(d) of Section 5-7-1;
| ||
(2) pay a fine and costs;
| ||
(3) work or pursue a course of study or vocational |
training;
| ||
(4) undergo medical, psychological or psychiatric | ||
treatment; or treatment
for drug addiction or alcoholism;
| ||
(5) attend or reside in a facility established for the | ||
instruction
or residence of defendants on probation;
| ||
(6) support his dependents;
| ||
(7) and in addition, if a minor:
| ||
(i) reside with his parents or in a foster home;
| ||
(ii) attend school;
| ||
(iii) attend a non-residential program for youth;
| ||
(iv) contribute to his own support at home or in a | ||
foster home;
| ||
(v) with the consent of the superintendent of the
| ||
facility, attend an educational program at a facility | ||
other than the school
in which the
offense was | ||
committed if he
or she is convicted of a crime of | ||
violence as
defined in
Section 2 of the Crime Victims | ||
Compensation Act committed in a school, on the
real
| ||
property
comprising a school, or within 1,000 feet of | ||
the real property comprising a
school;
| ||
(8) make restitution as provided in Section 5-5-6 of | ||
this Code;
| ||
(9) perform some reasonable public or community | ||
service;
| ||
(10) serve a term of home confinement. In addition to | ||
any other
applicable condition of probation or conditional |
discharge, the
conditions of home confinement shall be that | ||
the offender:
| ||
(i) remain within the interior premises of the | ||
place designated for
his confinement during the hours | ||
designated by the court;
| ||
(ii) admit any person or agent designated by the | ||
court into the
offender's place of confinement at any | ||
time for purposes of verifying
the offender's | ||
compliance with the conditions of his confinement; and
| ||
(iii) if further deemed necessary by the court or | ||
the
Probation or
Court Services Department, be placed | ||
on an approved
electronic monitoring device, subject | ||
to Article 8A of Chapter V;
| ||
(iv) for persons convicted of any alcohol, | ||
cannabis or controlled
substance violation who are | ||
placed on an approved monitoring device as a
condition | ||
of probation or conditional discharge, the court shall | ||
impose a
reasonable fee for each day of the use of the | ||
device, as established by the
county board in | ||
subsection (g) of this Section, unless after | ||
determining the
inability of the offender to pay the | ||
fee, the court assesses a lesser fee or no
fee as the | ||
case may be. This fee shall be imposed in addition to | ||
the fees
imposed under subsections (g) and (i) of this | ||
Section. The fee shall be
collected by the clerk of the | ||
circuit court. The clerk of the circuit
court shall pay |
all monies collected from this fee to the county | ||
treasurer
for deposit in the substance abuse services | ||
fund under Section 5-1086.1 of
the Counties Code; and
| ||
(v) for persons convicted of offenses other than | ||
those referenced in
clause (iv) above and who are | ||
placed on an approved monitoring device as a
condition | ||
of probation or conditional discharge, the court shall | ||
impose
a reasonable fee for each day of the use of the | ||
device, as established by the
county board in | ||
subsection (g) of this Section, unless after | ||
determining the
inability of the defendant to pay the | ||
fee, the court assesses a lesser fee or
no fee as the | ||
case may be. This fee shall be imposed in addition to | ||
the fees
imposed under subsections (g) and (i) of this | ||
Section. The fee
shall be collected by the clerk of the | ||
circuit court. The clerk of the circuit
court shall pay | ||
all monies collected from this fee
to the county | ||
treasurer who shall use the monies collected to defray | ||
the
costs of corrections. The county treasurer shall | ||
deposit the fee
collected in the county working cash | ||
fund under Section 6-27001 or Section
6-29002 of the | ||
Counties Code, as the case may be.
| ||
(11) comply with the terms and conditions of an order | ||
of protection issued
by the court pursuant to the Illinois | ||
Domestic Violence Act of 1986,
as now or hereafter amended, | ||
or an order of protection issued by the court of
another |
state, tribe, or United States territory. A copy of the | ||
order of
protection shall be
transmitted to the probation | ||
officer or agency
having responsibility for the case;
| ||
(12) reimburse any "local anti-crime program" as | ||
defined in Section 7
of the Anti-Crime Advisory Council Act | ||
for any reasonable expenses incurred
by the program on the | ||
offender's case, not to exceed the maximum amount of
the | ||
fine authorized for the offense for which the defendant was | ||
sentenced;
| ||
(13) contribute a reasonable sum of money, not to | ||
exceed the maximum
amount of the fine authorized for the
| ||
offense for which the defendant was sentenced, to a "local | ||
anti-crime
program", as defined in Section 7 of the | ||
Anti-Crime Advisory Council Act;
| ||
(14) refrain from entering into a designated | ||
geographic area except upon
such terms as the court finds | ||
appropriate. Such terms may include
consideration of the | ||
purpose of the entry, the time of day, other persons
| ||
accompanying the defendant, and advance approval by a
| ||
probation officer, if
the defendant has been placed on | ||
probation or advance approval by the
court, if the | ||
defendant was placed on conditional discharge;
| ||
(15) refrain from having any contact, directly or | ||
indirectly, with
certain specified persons or particular | ||
types of persons, including but not
limited to members of | ||
street gangs and drug users or dealers;
|
(16) refrain from having in his or her body the | ||
presence of any illicit
drug prohibited by the Cannabis | ||
Control Act, the Illinois Controlled
Substances Act, or the | ||
Methamphetamine Control and Community Protection Act, | ||
unless prescribed by a physician, and submit samples of
his | ||
or her blood or urine or both for tests to determine the | ||
presence of any
illicit drug.
| ||
(c) The court may as a condition of probation or of | ||
conditional
discharge require that a person under 18 years of | ||
age found guilty of any
alcohol, cannabis or controlled | ||
substance violation, refrain from acquiring
a driver's license | ||
during
the period of probation or conditional discharge. If | ||
such person
is in possession of a permit or license, the court | ||
may require that
the minor refrain from driving or operating | ||
any motor vehicle during the
period of probation or conditional | ||
discharge, except as may be necessary in
the course of the | ||
minor's lawful employment.
| ||
(d) An offender sentenced to probation or to conditional | ||
discharge
shall be given a certificate setting forth the | ||
conditions thereof.
| ||
(e) Except where the offender has committed a fourth or | ||
subsequent
violation of subsection (c) of Section 6-303 of the | ||
Illinois Vehicle Code,
the court shall not require as a | ||
condition of the sentence of
probation or conditional discharge | ||
that the offender be committed to a
period of imprisonment in | ||
excess of 6 months.
This 6 month limit shall not include |
periods of confinement given pursuant to
a sentence of county | ||
impact incarceration under Section 5-8-1.2.
This 6 month limit | ||
does not apply to a person sentenced to probation as a
result | ||
of a conviction of a fourth or subsequent violation of | ||
subsection (c-4)
of Section 11-501 of the Illinois Vehicle Code | ||
or a similar provision of a
local ordinance.
| ||
Persons committed to imprisonment as a condition of | ||
probation or
conditional discharge shall not be committed to | ||
the Department of
Corrections.
| ||
(f) The court may combine a sentence of periodic | ||
imprisonment under
Article 7 or a sentence to a county impact | ||
incarceration program under
Article 8 with a sentence of | ||
probation or conditional discharge.
| ||
(g) An offender sentenced to probation or to conditional | ||
discharge and
who during the term of either undergoes mandatory | ||
drug or alcohol testing,
or both, or is assigned to be placed | ||
on an approved electronic monitoring
device, shall be ordered | ||
to pay all costs incidental to such mandatory drug
or alcohol | ||
testing, or both, and all costs
incidental to such approved | ||
electronic monitoring in accordance with the
defendant's | ||
ability to pay those costs. The county board with
the | ||
concurrence of the Chief Judge of the judicial
circuit in which | ||
the county is located shall establish reasonable fees for
the | ||
cost of maintenance, testing, and incidental expenses related | ||
to the
mandatory drug or alcohol testing, or both, and all | ||
costs incidental to
approved electronic monitoring, involved |
in a successful probation program
for the county. The | ||
concurrence of the Chief Judge shall be in the form of
an | ||
administrative order.
The fees shall be collected by the clerk | ||
of the circuit court. The clerk of
the circuit court shall pay | ||
all moneys collected from these fees to the county
treasurer | ||
who shall use the moneys collected to defray the costs of
drug | ||
testing, alcohol testing, and electronic monitoring.
The | ||
county treasurer shall deposit the fees collected in the
county | ||
working cash fund under Section 6-27001 or Section 6-29002 of | ||
the
Counties Code, as the case may be.
| ||
(h) Jurisdiction over an offender may be transferred from | ||
the
sentencing court to the court of another circuit with the | ||
concurrence of
both courts. Further transfers or retransfers of
| ||
jurisdiction are also
authorized in the same manner. The court | ||
to which jurisdiction has been
transferred shall have the same | ||
powers as the sentencing court.
| ||
(i) The court shall impose upon an offender
sentenced to | ||
probation after January 1, 1989 or to conditional discharge
| ||
after January 1, 1992 or to community service under the | ||
supervision of a
probation or court services department after | ||
January 1, 2004, as a condition of such probation or | ||
conditional
discharge or supervised community service, a fee of | ||
$50
for each month of probation or
conditional
discharge | ||
supervision or supervised community service ordered by the | ||
court, unless after
determining the inability of the person | ||
sentenced to probation or conditional
discharge or supervised |
community service to pay the
fee, the court assesses a lesser | ||
fee. The court may not impose the fee on a
minor who is made a | ||
ward of the State under the Juvenile Court Act of 1987
while | ||
the minor is in placement.
The fee shall be imposed only upon
| ||
an offender who is actively supervised by the
probation and | ||
court services
department. The fee shall be collected by the | ||
clerk
of the circuit court. The clerk of the circuit court | ||
shall pay all monies
collected from this fee to the county | ||
treasurer for deposit in the
probation and court services fund | ||
under Section 15.1 of the
Probation and Probation Officers Act.
| ||
A circuit court may not impose a probation fee under this | ||
subsection (i) in excess of $25
per month unless: (1) the | ||
circuit court has adopted, by administrative
order issued by | ||
the chief judge, a standard probation fee guide
determining an | ||
offender's ability to pay, under guidelines developed by
the | ||
Administrative
Office of the Illinois Courts; and (2) the | ||
circuit court has authorized, by
administrative order issued by | ||
the chief judge, the creation of a Crime
Victim's Services | ||
Fund, to be administered by the Chief Judge or his or
her | ||
designee, for services to crime victims and their families. Of | ||
the
amount collected as a probation fee, up to $5 of that fee
| ||
collected per month may be used to provide services to crime | ||
victims
and their families.
| ||
This amendatory Act of the 93rd General Assembly deletes | ||
the $10 increase in the fee under this subsection that was | ||
imposed by Public Act 93-616. This deletion is intended to |
control over any other Act of the 93rd General Assembly that | ||
retains or incorporates that fee increase. | ||
(i-5) In addition to the fees imposed under subsection (i) | ||
of this Section, in the case of an offender convicted of a | ||
felony sex offense (as defined in the Sex Offender Management | ||
Board Act) or an offense that the court or probation department | ||
has determined to be sexually motivated (as defined in the Sex | ||
Offender Management Board Act), the court or the probation | ||
department shall assess additional fees to pay for all costs of | ||
treatment, assessment, evaluation for risk and treatment, and | ||
monitoring the offender, based on that offender's ability to | ||
pay those costs either as they occur or under a payment plan. | ||
(j) All fines and costs imposed under this Section for any | ||
violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||
Code, or a similar
provision of a local ordinance, and any | ||
violation of the Child Passenger
Protection Act, or a similar | ||
provision of a local ordinance, shall be
collected and | ||
disbursed by the circuit clerk as provided under Section 27.5
| ||
of the Clerks of Courts Act.
| ||
(k) Any offender who is sentenced to probation or | ||
conditional discharge for a felony sex offense as defined in | ||
the Sex Offender Management Board Act or any offense that the | ||
court or probation department has determined to be sexually | ||
motivated as defined in the Sex Offender Management Board Act | ||
shall be required to refrain from any contact, directly or | ||
indirectly, with any persons specified by the court and shall |
be available for all evaluations and treatment programs | ||
required by the court or the probation department.
| ||
(Source: P.A. 93-475, eff. 8-8-03; 93-616, eff. 1-1-04; 93-970, | ||
eff. 8-20-04; 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||
94-556, eff. 9-11-05; revised 8-19-05.)
| ||
(730 ILCS 5/5-8-7) (from Ch. 38, par. 1005-8-7)
| ||
Sec. 5-8-7. Calculation of Term of Imprisonment.
| ||
(a) A sentence of imprisonment shall commence on the date | ||
on which
the offender is received by the Department or the | ||
institution at which
the sentence is to be served.
| ||
(b) The offender shall be given credit on the determinate
| ||
sentence or maximum term and the
minimum period of imprisonment | ||
for time spent in custody as a
result of the offense for which | ||
the sentence was imposed, at
the rate specified in Section | ||
3-6-3 of this Code.
Except when prohibited by subsection (d),
| ||
the trial court may give credit to the defendant for time spent | ||
in home
detention, or when the defendant has been confined for | ||
psychiatric or substance
abuse treatment prior to judgment, if | ||
the court finds that the detention or
confinement was | ||
custodial.
| ||
(c) An offender arrested on one charge and prosecuted on | ||
another
charge for conduct which occurred prior to his arrest | ||
shall be given
credit on the determinate sentence or maximum | ||
term and the minimum
term of imprisonment for time spent in | ||
custody under the former
charge not credited against another |
sentence.
| ||
(d) An offender sentenced to a term of imprisonment for an | ||
offense listed
in paragraph (2) of subsection (c) of Section | ||
5-5-3 of this Code , or for an offense listed in subdivision | ||
(d)(2)(c)
in
paragraph (3) of subsection (c-1) of Section | ||
11-501 of the Illinois Vehicle
Code that was committed while | ||
the offender's driving privileges were revoked or suspended as | ||
provided in subdivision (d)(1)(G) of that Section, shall not
| ||
receive credit for time spent in home detention prior to
| ||
judgment.
| ||
(Source: P.A. 93-800, eff. 1-1-05.)
| ||
Section 99. Effective date. Section 10 of this Act takes | ||
effect on January 1, 2009.
|