Public Act 90-0400 of the 90th General Assembly
Public Act 90-0400
SB113 Enrolled LRB9000786NTsb
AN ACT to amend the Illinois Vehicle Code by changing
Sections 2-123, 6-303, and 11-501.
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 2-123, 6-303, and 11-501 as follows:
(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
Sec. 2-123. Sale and Distribution of Information.
(a) Except as otherwise provided in this Section, the
Secretary may make the driver's license, vehicle and title
registration lists, in part or in whole, and any statistical
information derived from these lists available to local
governments, elected state officials, state educational
institutions, public libraries and all other governmental
units of the State and Federal Government requesting them for
governmental purposes. The Secretary shall require any such
applicant for services to pay for the costs of furnishing
such services and the use of the equipment involved, and in
addition is empowered to establish prices and charges for the
services so furnished and for the use of the electronic
equipment utilized.
(b) The Secretary is further empowered to and he may, in
his discretion, furnish to any applicant, other than listed
in subsection (a) of this Section, vehicle or driver data on
a computer tape, disk, or printout at a fixed fee of $200 in
advance and require in addition a further sufficient deposit
based upon the Secretary of State's estimate of the total
cost of the information requested and a charge of $20 per
1,000 units or part thereof identified or the actual cost,
whichever is greater. The Secretary is authorized to refund
any difference between the additional deposit and the actual
cost of the request. This service shall not be in lieu of an
abstract of a driver's record nor of a title or registration
search. The information sold pursuant to this subsection
shall be the entire vehicle or driver data list, or part
thereof.
(c) Secretary of State may issue registration lists.
The Secretary of State shall compile and publish, at least
annually, a list of all registered vehicles. Each list of
registered vehicles shall be arranged serially according to
the registration numbers assigned to registered vehicles and
shall contain in addition the names and addresses of
registered owners and a brief description of each vehicle
including the serial or other identifying number thereof.
Such compilation may be in such form as in the discretion of
the Secretary of State may seem best for the purposes
intended.
(d) The Secretary of State shall furnish no more than 2
current available lists of such registrations to the sheriffs
of all counties and to the chiefs of police of all cities and
villages and towns of 2,000 population and over in this State
at no cost. Additional copies may be purchased at the fee of
$400 each or at the cost of producing the list as determined
by the Secretary of State.
(e) The Secretary of State shall upon written request
and the payment of the fee of $400 furnish the current
available list of such motor vehicle registrations to any
person so long as the supply of available registration lists
shall last.
(e-1) Commercial purchasers of driver and vehicle record
databases shall enter into a written agreement with the
Secretary of State that includes disclosure of the commercial
use of the intended purchase. Affected drivers, vehicle
owners, or registrants may request that their personally
identifiable information not be used for commercial
solicitation purposes.
(f) Title or registration search and certification
thereof - Fee. The Secretary of State shall make a title or
registration search of the records of his office and a
written report on the same for any person, upon written
application of such person, accompanied by a fee of $4 for
each registration or title search. No fee shall be charged
for a title or registration search, or for the certification
thereof requested by a government agency.
The Secretary of State shall certify a title or
registration record upon written request. The fee for
certification shall be $4 in addition to the fee required for
a title or registration search. Certification shall be made
under the signature of the Secretary of State and shall be
authenticated by Seal of the Secretary of State.
The Secretary of State may notify the vehicle owner or
registrant of the request for purchase of his title or
registration information as the Secretary deems appropriate.
The vehicle owner or registrant residence address and
other personally identifiable information on the record shall
not be disclosed. This nondisclosure shall not apply to
requests made by law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, other business
entities for purposes consistent with the Illinois Vehicle
Code, the vehicle owner or registrant, or other entities as
the Secretary may exempt by rule and regulation. This
information may be withheld from the entities listed above,
except law enforcement and government agencies upon
presentation of a valid court order of protection for the
duration of the order.
No information shall be released to the requestor until
expiration of a 10 day period. This 10 day period shall not
apply to requests for information made by law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated
businesses, persons licensed as a private detective or firms
licensed as a private detective agency under the Private
Detective, Private Alarm, and Private Security Act of 1983,
who are employed by or are acting on behalf of law
enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile
associated businesses, and other business entities for
purposes consistent with the Illinois Vehicle Code, the
vehicle owner or registrant or other entities as the
Secretary may exempt by rule and regulation.
Any misrepresentation made by a requestor of title or
vehicle information shall be punishable as a petty offense,
except in the case of persons licensed as a private detective
or firms licensed as a private detective agency which shall
be subject to disciplinary sanctions under Section 22 or 25
of the Private Detective, Private Alarm, and Private Security
Act of 1983.
(g) 1. The Secretary of State may, upon receipt of a
written request and a fee of $5, furnish to the person or
agency so requesting a driver's record. Such document
may include a record of: current driver's license
issuance information, except that the information on
judicial driving permits shall be available only as
otherwise provided by this Code; convictions; orders
entered revoking, suspending or cancelling a driver's
license or privilege; and notations of accident
involvement. All other information, unless otherwise
permitted by this Code, shall remain confidential.
2. The Secretary of State may certify an abstract
of a driver's record upon written request therefor.
Such certification shall be made under the signature of
the Secretary of State and shall be authenticated by the
Seal of his office.
3. All requests for driving record information
shall be made in a manner prescribed by the Secretary.
The Secretary of State may notify the affected
driver of the request for purchase of his driver's record
as the Secretary deems appropriate.
The affected driver residence address and other
personally identifiable information on the record shall
not be disclosed. This nondisclosure shall not apply to
requests made by law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, other
business entities for purposes consistent with the
Illinois Vehicle Code, the affected driver, or other
entities as the Secretary may exempt by rule and
regulation. This information may be withheld from the
entities listed above, except law enforcement and
government agencies, upon presentation of a valid court
order of protection for the duration of the order.
No information shall be released to the requester
until expiration of a 10 day period. This 10 day period
shall not apply to requests for information made by law
enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile
associated businesses, persons licensed as a private
detective or firms licensed as a private detective agency
under the Private Detective, Private Alarm, and Private
Security Act of 1983, who are employed by or are acting
on behalf of law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, and other
business entities for purposes consistent with the
Illinois Vehicle Code, the affected driver or other
entities as the Secretary may exempt by rule and
regulation.
Any misrepresentation made by a requestor of driver
information shall be punishable as a petty offense,
except in the case of persons licensed as a private
detective or firms licensed as a private detective agency
which shall be subject to disciplinary sanctions under
Section 22 or 25 of the Private Detective, Private Alarm,
and Private Security Act of 1983.
4. The Secretary of State may furnish without fee,
upon the written request of a law enforcement agency, any
information from a driver's record on file with the
Secretary of State when such information is required in
the enforcement of this Code or any other law relating to
the operation of motor vehicles, including records of
dispositions; documented information involving the use of
a motor vehicle; whether such individual has, or
previously had, a driver's license; and the address and
personal description as reflected on said driver's
record.
5. Except as otherwise provided in this Section,
the Secretary of State may furnish, without fee,
information from an individual driver's record on file,
if a written request therefor is submitted by any public
transit system or authority, public defender, law
enforcement agency, a state or federal agency, or an
Illinois local intergovernmental association, if the
request is for the purpose of a background check of
applicants for employment with the requesting agency, or
for the purpose of an official investigation conducted by
the agency, or to determine a current address for the
driver so public funds can be recovered or paid to the
driver, or for any other lawful purpose.
The Secretary may also furnish the courts a copy of
an abstract of a driver's record, without fee, subsequent
to an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance. Such abstract
may include records of dispositions; documented
information involving the use of a motor vehicle as
contained in the current file; whether such individual
has, or previously had, a driver's license; and the
address and personal description as reflected on said
driver's record.
6. Any certified abstract issued by the Secretary
of State or transmitted electronically by the Secretary
of State pursuant to this Section, to a court or on
request of a law enforcement agency, for the record of a
named person as to the status of the person's driver's
license shall be prima facie evidence of the facts
therein stated and if the name appearing in such abstract
is the same as that of a person named in an information
or warrant, such abstract shall be prima facie evidence
that the person named in such information or warrant is
the same person as the person named in such abstract and
shall be admissible for any prosecution under this Code
and be admitted as proof of any prior conviction or proof
of records, notices, or orders recorded on individual
driving records maintained by the Secretary of State.
7. Subject to any restrictions contained in the
Juvenile Court Act of 1987, and upon receipt of a proper
request and a fee of $5, the Secretary of State shall
provide a driver's record to the affected driver, or the
affected driver's attorney, upon verification. Such
record shall contain all the information referred to in
paragraph 1 of this subsection (g) plus: any recorded
accident involvement as a driver; information recorded
pursuant to subsection (e) of Section 6-117 and paragraph
4 of subsection (a) of Section 6-204 of this Code. All
other information, unless otherwise permitted by this
Code, shall remain confidential.
(h) The Secretary shall not disclose social security
numbers except pursuant to a written request by, or with the
prior written consent of, the individual except to: (1)
officers and employees of the Secretary who have a need to
know the social security numbers in performance of their
official duties, (2) law enforcement officials for a lawful,
civil or criminal law enforcement investigation, and if the
head of the law enforcement agency has made a written request
to the Secretary specifying the law enforcement investigation
for which the social security numbers are being sought, (3)
the United States Department of Transportation, or any other
State, pursuant to the administration and enforcement of the
Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to
the order of a court of competent jurisdiction, or (5) the
Department of Public Aid for utilization in the child support
enforcement duties assigned to that Department under
provisions of the Public Aid Code after the individual has
received advanced meaningful notification of what
redisclosure is sought by the Secretary in accordance with
the federal Privacy Act; provided, the redisclosure shall not
be authorized by the Secretary prior to September 30, 1992.
(i) The Secretary of State is empowered to promulgate
rules and regulations to effectuate this Section.
(j) Medical statements or medical reports received in
the Secretary of State's Office shall be confidential. No
confidential information may be open to public inspection or
the contents disclosed to anyone, except officers and
employees of the Secretary who have a need to know the
information contained in the medical reports and the Driver
License Medical Advisory Board, unless so directed by an
order of a court of competent jurisdiction.
(k) All fees collected under this Section shall be paid
into the Road Fund of the State Treasury, except that $3 of
the $5 fee for a driver's record shall be paid into the
Secretary of State Special Services Fund.
(l) The Secretary of State shall report his
recommendations to the General Assembly by January 1, 1993,
regarding the sale and dissemination of the information
maintained by the Secretary, including the sale of lists of
driver and vehicle records.
(Source: P.A. 88-208; 88-363; 88-670, eff. 12-2-94; 89-503,
eff. 7-1-96.)
(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 7 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.
(d) Any person convicted of a second or subsequent
violation of this Section shall be guilty of a Class 4 felony
if the original 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. 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.
(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.
(Source: P.A. 88-383; 88-680, eff. 1-1-95; 89-8, eff.
3-21-95; 89-92, eff. 7-1-96; 89-159, eff. 1-1-96; 89-626,
eff. 8-9-96.)
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
(Text of Section before amendment by P.A. 89-507)
Sec. 11-501. Driving while under the influence of
alcohol, other drug, or combination of both.
(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 0.10 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 other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(4) under the combined influence of alcohol and any
other drug or drugs to a degree that renders the person
incapable of safely driving; or
(5) there is any amount of a drug, substance, or
compound in the person's blood or urine resulting from
the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, or a controlled substance listed in
the Illinois Controlled Substances Act.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, or
other drugs, or any combination of both, shall not
constitute a defense against any charge of violating this
Section.
(c) Except as provided under paragraphs (c-3) and (d) of
this Section, every person convicted of violating this
Section or a similar provision of a local ordinance, shall be
guilty of a Class A misdemeanor and, in addition to any other
criminal or administrative action, for any second conviction
of violating this Section or a similar provision of a law of
another state or local ordinance committed within 5 years of
a previous violation of this Section or a similar provision
of a local ordinance shall be mandatorily sentenced to a
minimum of 48 consecutive hours of imprisonment or assigned
to a minimum of 100 hours of community service as may be
determined by the court. Every person convicted of violating
this Section or a similar provision of a local ordinance
shall be subject to a mandatory minimum fine of $500 and a
mandatory 5 days of community service in a program benefiting
children if the person committed a violation of paragraph (a)
or a similar provision of a local ordinance while
transporting a person under age 16. Every person convicted a
second time for violating this Section or a similar provision
of a local ordinance within 5 years of a previous violation
of this Section or a similar provision of a law of another
state or local ordinance shall be subject to a mandatory
minimum fine of $500 and 10 days of mandatory community
service in a program benefiting children if the current
offense was committed while transporting a person under age
16. The imprisonment or assignment under this subsection
shall not be subject to suspension nor shall the person be
eligible for probation in order to reduce the sentence or
assignment.
(c-1) A person who violates this Section during a period
in which his or her driving privileges are revoked or
suspended, where the revocation or suspension was for a
violation of this Section or Section 11-501.1 shall, unless
sentenced to a term of imprisonment in the penitentiary, in
addition to any other criminal or administrative action, be
sentenced to a 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 minimum term of imprisonment or
assignment of community service shall not be suspended and
shall not be subject to reduction by the court.
(c-2) (Blank).
(c-3) Every person convicted of violating this Section
or a similar provision of a local ordinance who had a child
under age 16 in the vehicle at the time of the offense shall
have his or her punishment under this Act enhanced by 2 days
of imprisonment for a first offense, 10 days of imprisonment
for a second offense, 30 days of imprisonment for a third
offense, and 90 days of imprisonment for a fourth or
subsequent offense, in addition to the fine and community
service required under subsection (c) and the possible
imprisonment required under subsection (d). The imprisonment
or assignment under this subsection shall not be subject to
suspension nor shall the person be eligible for probation in
order to reduce the sentence or assignment.
(d) (1) Every person convicted of committing a violation
of this Section shall be guilty of aggravated driving under
the influence of alcohol or drugs or a combination of both
if:
(A) the person committed a violation of this
Section, or a similar provision of a law of another state
or a local ordinance when the cause of action is the same
as or substantially similar to this Section, for the
third or subsequent time;
(B) the person committed a violation of paragraph
(a) while driving a school bus with children on board;
(C) the person in committing a violation of
paragraph (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; or
(D) the person committed a violation of paragraph
(a) for a second time and has been previously convicted
of violating Section 9-3 of the Criminal Code of 1961
relating to reckless homicide in which the person was
determined to have been under the influence of alcohol or
any other drug or drugs as an element of the offense or
the person has previously been convicted under
subparagraph (C) of this paragraph (1).
(2) Aggravated driving under the influence of alcohol or
drugs or a combination of both is a Class 4 felony for which
a person, if sentenced to a term of imprisonment, shall be
sentenced to not less than one year and not more than 3 years
for a violation of subparagraph (A), (B) or (D) of paragraph
(1) of this subsection (d) and not less than one year and not
more than 12 years for a violation of subparagraph (C) of
paragraph (1) of this subsection (d). 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.
(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 or other drug abuse problem exists and the extent of
the problem. Programs conducting these evaluations shall be
licensed by the Department of Alcoholism and Substance Abuse.
The cost of any professional evaluation shall be paid for by
the individual required to undergo the professional
evaluation.
(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) Every person sentenced under subsection (d) of this
Section and who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
30 days community service or, beginning July 1, 1993, 48
consecutive hours of imprisonment as a condition of the
probation or conditional discharge. This mandatory minimum
term of imprisonment or assignment of community service shall
not be suspended and shall not be subject to reduction by the
court.
(i) The Secretary of State shall establish a pilot
program to test the effectiveness of ignition interlock
device requirements upon individuals who have been arrested
for a second or subsequent offense of this Section. The
Secretary shall establish by rule and regulation the
population and procedures for use of the interlock system.
(Source: P.A. 88-45; 88-238; 88-433; 88-670, eff. 12-2-94;
88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
89-203, eff. 7-21-95; 89-626, eff. 8-9-96.)
(Text of Section after amendment by P.A. 89-507)
Sec. 11-501. Driving while under the influence of
alcohol, other drug, or combination of both.
(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 0.10 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 other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(4) under the combined influence of alcohol and any
other drug or drugs to a degree that renders the person
incapable of safely driving; or
(5) there is any amount of a drug, substance, or
compound in the person's blood or urine resulting from
the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, or a controlled substance listed in
the Illinois Controlled Substances Act.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, or
other drugs, or any combination of both, shall not
constitute a defense against any charge of violating this
Section.
(c) Except as provided under paragraphs (c-3) and (d) of
this Section, every person convicted of violating this
Section or a similar provision of a local ordinance, shall be
guilty of a Class A misdemeanor and, in addition to any other
criminal or administrative action, for any second conviction
of violating this Section or a similar provision of a law of
another state or local ordinance committed within 5 years of
a previous violation of this Section or a similar provision
of a local ordinance shall be mandatorily sentenced to a
minimum of 48 consecutive hours of imprisonment or assigned
to a minimum of 100 hours of community service as may be
determined by the court. Every person convicted of violating
this Section or a similar provision of a local ordinance
shall be subject to a mandatory minimum fine of $500 and a
mandatory 5 days of community service in a program benefiting
children if the person committed a violation of paragraph (a)
or a similar provision of a local ordinance while
transporting a person under age 16. Every person convicted a
second time for violating this Section or a similar provision
of a local ordinance within 5 years of a previous violation
of this Section or a similar provision of a law of another
state or local ordinance shall be subject to a mandatory
minimum fine of $500 and 10 days of mandatory community
service in a program benefiting children if the current
offense was committed while transporting a person under age
16. The imprisonment or assignment under this subsection
shall not be subject to suspension nor shall the person be
eligible for probation in order to reduce the sentence or
assignment.
(c-1) A person who violates this Section during a period
in which his or her driving privileges are revoked or
suspended, where the revocation or suspension was for a
violation of this Section or Section 11-501.1 shall, unless
sentenced to a term of imprisonment in the penitentiary, in
addition to any other criminal or administrative action, be
sentenced to a 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 minimum term of imprisonment or
assignment of community service shall not be suspended and
shall not be subject to reduction by the court.
(c-2) (Blank).
(c-3) Every person convicted of violating this Section
or a similar provision of a local ordinance who had a child
under age 16 in the vehicle at the time of the offense shall
have his or her punishment under this Act enhanced by 2 days
of imprisonment for a first offense, 10 days of imprisonment
for a second offense, 30 days of imprisonment for a third
offense, and 90 days of imprisonment for a fourth or
subsequent offense, in addition to the fine and community
service required under subsection (c) and the possible
imprisonment required under subsection (d). The imprisonment
or assignment under this subsection shall not be subject to
suspension nor shall the person be eligible for probation in
order to reduce the sentence or assignment.
(d) (1) Every person convicted of committing a violation
of this Section shall be guilty of aggravated driving under
the influence of alcohol or drugs or a combination of both
if:
(A) the person committed a violation of this
Section, or a similar provision of a law of another state
or a local ordinance when the cause of action is the same
as or substantially similar to this Section, for the
third or subsequent time;
(B) the person committed a violation of paragraph
(a) while driving a school bus with children on board;
(C) the person in committing a violation of
paragraph (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; or
(D) the person committed a violation of paragraph
(a) for a second time and has been previously convicted
of violating Section 9-3 of the Criminal Code of 1961
relating to reckless homicide in which the person was
determined to have been under the influence of alcohol or
any other drug or drugs as an element of the offense or
the person has previously been convicted under
subparagraph (C) of this paragraph (1).
(2) Aggravated driving under the influence of alcohol or
drugs or a combination of both is a Class 4 felony for which
a person, if sentenced to a term of imprisonment, shall be
sentenced to not less than one year and not more than 3 years
for a violation of subparagraph (A), (B) or (D) of paragraph
(1) of this subsection (d) and not less than one year and not
more than 12 years for a violation of subparagraph (C) of
paragraph (1) of this subsection (d). 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.
(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 or other drug abuse problem exists and the extent of
the problem. 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.
(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) Every person sentenced under subsection (d) of this
Section and who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
30 days community service or, beginning July 1, 1993, 48
consecutive hours of imprisonment as a condition of the
probation or conditional discharge. This mandatory minimum
term of imprisonment or assignment of community service shall
not be suspended and shall not be subject to reduction by the
court.
(i) The Secretary of State shall establish a pilot
program to test the effectiveness of ignition interlock
device requirements upon individuals who have been arrested
for a second or subsequent offense of this Section. The
Secretary shall establish by rule and regulation the
population and procedures for use of the interlock system.
(Source: P.A. 88-45; 88-238; 88-433; 88-670, eff. 12-2-94;
88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
8-9-96.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.