093_HB1778eng

 
HB1778 Engrossed                     LRB093 06515 LCB 06640 b

 1        AN ACT in regard to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Illinois  Vehicle  Code  is  amended  by
 5    changing Section 11-501 as follows:

 6        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
 7        Sec.  11-501.   Driving  while  under  the  influence  of
 8    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
 9    compounds or any combination thereof.
10        (a)  A  person  shall  not drive or be in actual physical
11    control of any vehicle within  the  State  of  Illinois  this
12    State while:
13             (1)  the alcohol concentration in the person's blood
14        or  breath  is  0.08  or  more based on the definition of
15        blood and breath units in Section 11-501.2;
16             (2)  under the influence of alcohol;
17             (3)  under  the  influence   of   any   intoxicating
18        compound  or  combination  of intoxicating compounds to a
19        degree that  renders  the  person  incapable  of  driving
20        safely;
21             (4)  under  the  influence  of  any  other  drug  or
22        combination  of drugs to a degree that renders the person
23        incapable of safely driving;
24             (5)  under the combined influence of alcohol,  other
25        drug or drugs, or intoxicating compound or compounds to a
26        degree  that  renders  the  person  incapable  of  safely
27        driving; or
28             (6)  there  is  any  amount of a drug, substance, or
29        compound  in  the  person's  breath,  blood,   or   urine
30        resulting   from  the  unlawful  use  or  consumption  of
31        cannabis listed in the Cannabis Control Act, a controlled
 
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 1        substance listed in the  Illinois  Controlled  Substances
 2        Act,  or  an  intoxicating  compound listed in the Use of
 3        Intoxicating Compounds Act.
 4        (b)  The fact that any person charged with violating this
 5    Section is or has been legally entitled to use alcohol, other
 6    drug or drugs, or intoxicating compound or compounds, or  any
 7    combination  thereof,  shall not constitute a defense against
 8    any charge of violating this Section.
 9        (c)  Except as provided under  paragraphs  (c-3),  (c-4),
10    and  (d) of this Section, every person convicted of violating
11    this Section or a similar provision  of  a  local  ordinance,
12    shall  be guilty of a Class A misdemeanor and, in addition to
13    any other criminal or administrative action, for  any  second
14    conviction  of  violating this Section or a similar provision
15    of a law of another state or local ordinance committed within
16    5 years of a previous violation of this Section or a  similar
17    provision of a local ordinance shall be mandatorily sentenced
18    to  a  minimum  of  5  days  of imprisonment or assigned to a
19    minimum of 30 days of community service as may be  determined
20    by  the  court.  Every  person  convicted  of  violating this
21    Section or a similar provision of a local ordinance shall  be
22    subject  to  an additional mandatory minimum fine of $500 and
23    an additional mandatory 5 days  of  community  service  in  a
24    program   benefiting  children  if  the  person  committed  a
25    violation of paragraph (a) or a similar provision of a  local
26    ordinance  while  transporting  a person under age 16.  Every
27    person convicted a second time for violating this Section  or
28    a  similar provision of a local ordinance within 5 years of a
29    previous violation of this Section or a similar provision  of
30    a law of another state or local ordinance shall be subject to
31    an   additional   mandatory  minimum  fine  of  $500  and  an
32    additional 10  days  of  mandatory  community  service  in  a
33    program  benefiting  children  if  the  current  offense  was
34    committed  while  transporting  a  person  under age 16.  The
 
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 1    imprisonment or assignment under this subsection shall not be
 2    subject to suspension nor shall the person  be  eligible  for
 3    probation in order to reduce the sentence or assignment.
 4        (c-1) (1)  A  person  who  violates this Section during a
 5        period in which his or her driving privileges are revoked
 6        or suspended, where the revocation or suspension was  for
 7        a  violation of this Section, Section 11-501.1, paragraph
 8        (b) of Section 11-401, or Section  9-3  of  the  Criminal
 9        Code of 1961 is guilty of a Class 4 felony.
10             (2)  A person who violates this Section a third time
11        during  a  period  in which his or her driving privileges
12        are  revoked  or  suspended  where  the   revocation   or
13        suspension  was  for a violation of this Section, Section
14        11-501.1, paragraph (b) of Section 11-401, or Section 9-3
15        of the Criminal Code of 1961  is  guilty  of  a  Class  3
16        felony.
17             (3)  A  person who violates this Section a fourth or
18        subsequent time during a  period  in  which  his  or  her
19        driving  privileges  are  revoked  or suspended where the
20        revocation or suspension was  for  a  violation  of  this
21        Section,  Section  11-501.1,  paragraph  (b)  of  Section
22        11-401,  or  Section  9-3 of the Criminal Code of 1961 is
23        guilty of a Class 2 felony.
24        (c-2)  (Blank).
25        (c-3)  Every person convicted of violating  this  Section
26    or  a  similar provision of a local ordinance who had a child
27    under age 16 in the vehicle at the time of the offense  shall
28    have  his or her punishment under this Act enhanced by 2 days
29    of imprisonment for a first offense, 10 days of  imprisonment
30    for  a  second  offense,  30 days of imprisonment for a third
31    offense,  and  90  days  of  imprisonment  for  a  fourth  or
32    subsequent offense, in addition to  the  fine  and  community
33    service  required  under  subsection  (c)  and  the  possible
34    imprisonment required under subsection (d).  The imprisonment
 
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 1    or  assignment  under this subsection shall not be subject to
 2    suspension nor shall the person be eligible for probation  in
 3    order to reduce the sentence or assignment.
 4        (c-4)  When  a  person  is convicted of violating Section
 5    11-501 of this  Code  or  a  similar  provision  of  a  local
 6    ordinance,  the  following  penalties  apply  when his or her
 7    blood, breath,  or  urine  was  .16  or  more  based  on  the
 8    definition  of  blood,  breath,  or  urine  units  in Section
 9    11-501.2 or when that person is convicted of  violating  this
10    Section while transporting a child under the age of 16:
11             (1)  A   person   who   is  convicted  of  violating
12        subsection (a) of Section 11-501 of  this  Code  a  first
13        time,  in  addition  to  any  other  penalty  that may be
14        imposed under subsection (c), is subject to  a  mandatory
15        minimum  of  100 hours of community service and a minimum
16        fine of $500.
17             (2)  A  person  who  is   convicted   of   violating
18        subsection  (a)  of  Section 11-501 of this Code a second
19        time within 10 years, in addition to  any  other  penalty
20        that may be imposed under subsection (c), is subject to a
21        mandatory minimum of 2 days of imprisonment and a minimum
22        fine of $1,250.
23             (3)  A   person   who   is  convicted  of  violating
24        subsection (a) of Section 11-501 of  this  Code  a  third
25        time  within  20 years is guilty of a Class 4 felony and,
26        in addition to any other  penalty  that  may  be  imposed
27        under  subsection  (c), is subject to a mandatory minimum
28        of 90 days of imprisonment and a minimum fine of $2,500.
29             (4)  A person who is  convicted  of  violating  this
30        subsection (c-4) a fourth or subsequent time is guilty of
31        a  Class  2  felony and, in addition to any other penalty
32        that may be imposed under subsection (c), is not eligible
33        for a sentence of probation or conditional discharge  and
34        is subject to a minimum fine of $2,500.
 
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 1        (d) (1)  Every person convicted of committing a violation
 2        of  this  Section  shall  be guilty of aggravated driving
 3        under the influence of alcohol, other drug or  drugs,  or
 4        intoxicating  compound  or  compounds, or any combination
 5        thereof if:
 6                  (A)  the person committed a violation  of  this
 7             Section,  or a similar provision of a law of another
 8             state or a local ordinance when the cause of  action
 9             is  the  same  as  or  substantially similar to this
10             Section, for the third or subsequent time;
11                  (B)  the  person  committed  a   violation   of
12             paragraph  (a)  while  driving  a  school  bus  with
13             children on board;
14                  (C)  the  person  in  committing a violation of
15             paragraph  (a)  was  involved  in  a  motor  vehicle
16             accident that  resulted  in  great  bodily  harm  or
17             permanent  disability  or  disfigurement to another,
18             when the violation was  a  proximate  cause  of  the
19             injuries;
20                  (D)  the   person   committed  a  violation  of
21             paragraph  (a)  for  a  second  time  and  has  been
22             previously convicted of violating Section 9-3 of the
23             Criminal Code of 1961 relating to reckless  homicide
24             in  which  the  person  was  determined to have been
25             under the influence of alcohol, other drug or drugs,
26             or intoxicating compound or compounds as an  element
27             of  the  offense  or  the person has previously been
28             convicted under subparagraph (C) of  this  paragraph
29             (1); or
30                  (E)  the  person,  in committing a violation of
31             paragraph (a) while driving at any speed in a school
32             speed zone at a time when a speed limit of 20  miles
33             per  hour  was  in  effect  under  subsection (a) of
34             Section 11-605 of this Code, was involved in a motor
 
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 1             vehicle accident that resulted in bodily harm, other
 2             than great bodily harm or  permanent  disability  or
 3             disfigurement, to another person, when the violation
 4             of paragraph (a) was a proximate cause of the bodily
 5             harm.
 6             (2)  Aggravated   driving  under  the  influence  of
 7        alcohol, other drug or drugs, or intoxicating compound or
 8        compounds, or  any  combination  thereof  is  a  Class  4
 9        felony.  For a violation of subparagraph (C) of paragraph
10        (1)  of  this subsection (d), the defendant, if sentenced
11        to a term of imprisonment, shall be sentenced to not less
12        than  one  year  nor  more  than  12  years.    For   any
13        prosecution  under  this subsection (d), a certified copy
14        of  the  driving  abstract  of  the  defendant  shall  be
15        admitted as proof of any prior conviction.
16        (e)  After a finding of guilt  and  prior  to  any  final
17    sentencing, or an order for supervision, for an offense based
18    upon  an  arrest for a violation of this Section or a similar
19    provision of a local ordinance, individuals shall be required
20    to undergo a  professional  evaluation  to  determine  if  an
21    alcohol,  drug, or intoxicating compound abuse problem exists
22    and the extent of the problem, and undergo the imposition  of
23    treatment   as   appropriate.   Programs   conducting   these
24    evaluations  shall  be  licensed  by  the Department of Human
25    Services.  The cost of any professional evaluation  shall  be
26    paid   for   by   the  individual  required  to  undergo  the
27    professional evaluation.
28        (f)  Every person found guilty of violating this Section,
29    whose operation of a motor vehicle while in violation of this
30    Section proximately  caused  any  incident  resulting  in  an
31    appropriate  emergency  response,  shall  be  liable  for the
32    expense of an emergency response as  provided  under  Section
33    5-5-3 of the Unified Code of Corrections.
34        (g)  The  Secretary  of  State  shall  revoke the driving
 
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 1    privileges of any person convicted under this  Section  or  a
 2    similar provision of a local ordinance.
 3        (h)  Every person sentenced under paragraph (2) or (3) of
 4    subsection  (c-1)  of  this Section or subsection (d) of this
 5    Section and who receives a term of probation  or  conditional
 6    discharge shall be required to serve a minimum term of either
 7    60  days  community  service  or 10 days of imprisonment as a
 8    condition of the probation or  conditional  discharge.   This
 9    mandatory  minimum  term  of  imprisonment  or  assignment of
10    community service shall not be suspended  and  shall  not  be
11    subject to reduction by the court.
12        (i)  The  Secretary  of  State  shall  require the use of
13    ignition interlock  devices  on  all  vehicles  owned  by  an
14    individual  who  has been convicted of a second or subsequent
15    offense of this Section or a similar  provision  of  a  local
16    ordinance.    The  Secretary  shall  establish  by  rule  and
17    regulation the procedures for certification and  use  of  the
18    interlock system.
19        (j)  In  addition to any other penalties and liabilities,
20    a person who is found guilty of or pleads guilty to violating
21    this  Section,  including  any   person   placed   on   court
22    supervision  for violating this Section, shall be fined $100,
23    payable to the circuit clerk, who shall distribute the  money
24    to  the  law enforcement agency that made the arrest.  If the
25    person  has  been  previously  convicted  of  violating  this
26    Section or a similar provision of a local ordinance, the fine
27    shall be $200.  In the event that more  than  one  agency  is
28    responsible  for the arrest, the $100 or $200 shall be shared
29    equally.  Any moneys received by  a  law  enforcement  agency
30    under  this  subsection  (j)  shall  be  used to purchase law
31    enforcement equipment that will assist in the  prevention  of
32    alcohol related criminal violence throughout the State.  This
33    shall  include,  but is not limited to, in-car video cameras,
34    radar and laser speed detection devices, and  alcohol  breath
 
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 1    testers.  Any  moneys  received  by  the  Department of State
 2    Police under this subsection (j) shall be deposited into  the
 3    State  Police  DUI  Fund  and  shall  be used to purchase law
 4    enforcement equipment that will assist in the  prevention  of
 5    alcohol related criminal violence throughout the State.
 6    (Source: P.A.  91-126,  eff.  7-16-99;  91-357, eff. 7-29-99;
 7    91-692, eff. 4-13-00;  91-822,  eff.  6-13-00;  92-248,  eff.
 8    8-3-01;  92-418,  eff. 8-17-01; 92-420, eff. 8-17-01; 92-429,
 9    eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)