Public Act 093-1093
Public Act 1093 93RD GENERAL ASSEMBLY
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Public Act 093-1093
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| HB0734 Enrolled |
LRB093 05816 DRH 05909 b |
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| AN ACT in relation to 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 | Section 11-501 as follows:
| (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.
| (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)(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)
subsection (c-5) is not subject to | suspension, nor is the person eligible for
a reduced | sentence.
| (2)
(c-6) Except as provided in subdivisions (c-5)(3) | and (c-5)(4)
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 |
| subdivision (c-5)(2)
subsection (c-6)
is not subject to | suspension, nor is the person eligible for a reduced
| sentence.
| (3)
(c-7) Except as provided in subdivision (c-5)(4)
| subsection (c-8), any person convicted of
violating | subdivision (c-5)(2)
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 subdivision | (c-5)(3)
subsection (c-7) is not subject to suspension, nor | is the person
eligible for a reduced sentence.
| (4)
(c-8) Any person convicted of violating | subdivision (c-5)(2)
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 subdivision (c-5)(4)
subsection (c-8)
| is not subject to suspension, nor
is the
person eligible | for a reduced sentence.
| (5)
(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 | subdivision (c-5)(5)
subsection (c-9)
is not subject to | suspension, nor is the person eligible for a reduced
| sentence.
| (6)
(c-10) Any person convicted of violating | subdivision (c-5)(5)
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
$3000, and | a mandatory minimum 120 days of imprisonment. The | imprisonment or
assignment of community service under this | subdivision (c-5)(6)
subsection (c-10) is not subject to
| suspension, nor is the person eligible for a reduced | sentence.
| (7)
(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-6)(1)
(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.
| (2)
(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) 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)
(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.
| (4)
(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 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
(j) 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.
| (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 to purchase law | enforcement equipment to assist in the prevention of
alcohol | related criminal violence throughout the State.
| (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. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; | 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; | 92-651, eff. 7-11-02; 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; revised 10-21-04.)
| Section 99. Effective date. This Act takes effect January | 1, 2005. |
Effective Date: 03/29/2005
|
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