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92nd General Assembly

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Public Act 92-0420

HB2290 Enrolled                                LRB9205083ARsb

    AN ACT concerning vehicles.

    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.
    (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)  (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, Section 11-501.1, paragraph
    (b) of Section 11-401, or Section  9-3  of  the  Criminal
    Code of 1961 is guilty of a Class 4 felony.
         (2)  A person who violates this Section a third time
    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, Section
    11-501.1, paragraph (b) of Section 11-401, or Section 9-3
    of the Criminal Code of 1961  is  guilty  of  a  Class  3
    felony.
         (3)  A  person who violates this Section a fourth or
    subsequent time 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,  Section  11-501.1,  paragraph  (b)  of  Section
    11-401,  or  Section  9-3 of the Criminal Code of 1961 is
    guilty of a Class 2 felony.
    (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,  other   drug   or   drugs,   or
intoxicating   compound  or  compounds,  or  any  combination
thereof 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,
    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) of  this
    paragraph (1).
    (2)  Aggravated  driving  under the influence of alcohol,
other drug or drugs, or intoxicating compound  or  compounds,
or  any  combination thereof 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),  the defendant, if
sentenced to a term of imprisonment, shall  be  sentenced  to
not  less  than  one  year  nor  more  than 12 years. 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,  drug, or intoxicating compound 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 may  use  ignition  interlock
device   requirements   when   granting   driving  relief  to
individuals who have been arrested for 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 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
this   Section,   including   any   person  placed  on  court
supervision for violating this Section, shall be fined  $100,
payable  to the circuit clerk, who shall distribute the money
to the law enforcement agency that made the arrest.   In  the
event  that  more  than  one  agency  is  responsible for the
arrest,  the  $100  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.
(Source: P.A.  90-43,  eff.  7-2-97;  90-400,  eff.  8-15-97;
90-611, eff.  1-1-99;  90-655,  eff.  7-30-98;  90-738,  eff.
1-1-99;  90-779,  eff.  1-1-99; 91-126, eff. 7-16-99; 91-357,
eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 22, 2001.
    Approved August 17, 2001.

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