Full Text of SB1764 98th General Assembly
SB1764ham003 98TH GENERAL ASSEMBLY | Rep. Tom Cross Filed: 5/17/2013
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| 1 | | AMENDMENT TO SENATE BILL 1764
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1764 as follows:
| 3 | | on page 1, line 5, by replacing "Section 6-303" with "Sections | 4 | | 6-303 and 11-501"; and | 5 | | on page 13, below line 16 by inserting the following: | 6 | | "(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | 7 | | Sec. 11-501. Driving while under the influence of alcohol, | 8 | | other drug or drugs, intoxicating compound or compounds or any | 9 | | combination thereof.
| 10 | | (a) A person shall not drive or be in actual physical | 11 | | control of any vehicle within this State while: | 12 | | (1) the alcohol concentration in the person's blood or | 13 | | breath is 0.08 or more based on the definition of blood and | 14 | | breath units in Section 11-501.2; | 15 | | (2) under the influence of alcohol; |
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| 1 | | (3) under the influence of any intoxicating compound or | 2 | | combination of intoxicating compounds to a degree that | 3 | | renders the person incapable of driving safely; | 4 | | (4) under the influence of any other drug or | 5 | | combination of drugs to a degree that renders the person | 6 | | incapable of safely driving; | 7 | | (5) under the combined influence of alcohol, other drug | 8 | | or drugs, or intoxicating compound or compounds to a degree | 9 | | that renders the person incapable of safely driving; or | 10 | | (6) there is any amount of a drug, substance, or | 11 | | compound in the person's breath, blood, or urine resulting | 12 | | from the unlawful use or consumption of cannabis listed in | 13 | | the Cannabis Control Act, a controlled substance listed in | 14 | | the Illinois Controlled Substances Act, an intoxicating | 15 | | compound listed in the Use of Intoxicating Compounds Act, | 16 | | or methamphetamine as listed in the Methamphetamine | 17 | | Control and Community Protection Act.
| 18 | | (b) The fact that any person charged with violating this | 19 | | Section is or has been legally entitled to use alcohol, other | 20 | | drug or drugs, or intoxicating compound or compounds, or any | 21 | | combination thereof, shall not constitute a defense against any | 22 | | charge of violating this Section. | 23 | | (c) Penalties. | 24 | | (1) Except as otherwise provided in this Section, any | 25 | | person convicted of violating subsection (a) of this | 26 | | Section is guilty of a Class A misdemeanor. |
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| 1 | | (2) A person who violates subsection (a) or a similar | 2 | | provision a second time shall be sentenced to a mandatory | 3 | | minimum term of either 5 days of imprisonment or 240 hours | 4 | | of community service in addition to any other criminal or | 5 | | administrative sanction. | 6 | | (3) A person who violates subsection (a) is subject to | 7 | | 6 months of imprisonment, an additional mandatory minimum | 8 | | fine of $1,000, and 25 days of community service in a | 9 | | program benefiting children if the person was transporting | 10 | | a person under the age of 16 at the time of the violation. | 11 | | (4) A person who violates subsection (a) a first time, | 12 | | if the alcohol concentration in his or her blood, breath, | 13 | | or urine was 0.16 or more based on the definition of blood, | 14 | | breath, or urine units in Section 11-501.2, shall be | 15 | | subject, in addition to any other penalty that may be | 16 | | imposed, to a mandatory minimum of 100 hours of community | 17 | | service and a mandatory minimum fine of $500. | 18 | | (5) A person who violates subsection (a) a second time, | 19 | | if at the time of the second violation the alcohol | 20 | | concentration in his or her blood, breath, or urine was | 21 | | 0.16 or more based on the definition of blood, breath, or | 22 | | urine units in Section 11-501.2, shall be subject, in | 23 | | addition to any other penalty that may be imposed, to a | 24 | | mandatory minimum of 2 days of imprisonment and a mandatory | 25 | | minimum fine of $1,250. | 26 | | (d) Aggravated driving under the influence of alcohol, |
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| 1 | | other drug or drugs, or intoxicating compound or compounds, or | 2 | | any combination thereof.
| 3 | | (1) Every person convicted of committing a violation of | 4 | | this Section shall be guilty of aggravated driving under | 5 | | the influence of alcohol, other drug or drugs, or | 6 | | intoxicating compound or compounds, or any combination | 7 | | thereof if: | 8 | | (A) the person committed a violation of subsection | 9 | | (a) or a similar provision for the third or subsequent | 10 | | time; | 11 | | (B) the person committed a violation of subsection | 12 | | (a) while driving a school bus with one or more | 13 | | passengers persons 18 years of age or younger on board; | 14 | | (C) the person in committing a violation of | 15 | | subsection (a) was involved in a motor vehicle accident | 16 | | that resulted in great bodily harm or permanent | 17 | | disability or disfigurement to another, when the | 18 | | violation was a proximate cause of the injuries; | 19 | | (D) the person committed a violation of subsection | 20 | | (a) and has been previously convicted of violating | 21 | | Section 9-3 of the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012 or a similar provision of a law | 23 | | of another state relating to reckless homicide in which | 24 | | the person was determined to have been under the | 25 | | influence of alcohol, other drug or drugs, or | 26 | | intoxicating compound or compounds as an element of the |
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| 1 | | offense or the person has previously been convicted | 2 | | under subparagraph (C) or subparagraph (F) of this | 3 | | paragraph (1); | 4 | | (E) the person, in committing a violation of | 5 | | subsection (a) while driving at any speed in a school | 6 | | speed zone at a time when a speed limit of 20 miles per | 7 | | hour was in effect under subsection (a) of Section | 8 | | 11-605 of this Code, was involved in a motor vehicle | 9 | | accident that resulted in bodily harm, other than great | 10 | | bodily harm or permanent disability or disfigurement, | 11 | | to another person, when the violation of subsection (a) | 12 | | was a proximate cause of the bodily harm; | 13 | | (F) the person, in committing a violation of | 14 | | subsection (a), was involved in a motor vehicle, | 15 | | snowmobile, all-terrain vehicle, or watercraft | 16 | | accident that resulted in the death of another person, | 17 | | when the violation of subsection (a) was a proximate | 18 | | cause of the death; | 19 | | (G) the person committed a violation of subsection | 20 | | (a) during a period in which the defendant's driving | 21 | | privileges are revoked or suspended, where the | 22 | | revocation or suspension was for a violation of | 23 | | subsection (a) or a similar provision, Section | 24 | | 11-501.1, paragraph (b) of Section 11-401, or for | 25 | | reckless homicide as defined in Section 9-3 of the | 26 | | Criminal Code of 1961 or the Criminal Code of 2012; |
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| 1 | | (H) the person committed the violation while he or | 2 | | she did not possess a driver's license or permit or a | 3 | | restricted driving permit or a judicial driving permit | 4 | | or a monitoring device driving permit; | 5 | | (I) the person committed the violation while he or | 6 | | she knew or should have known that the vehicle he or | 7 | | she was driving was not covered by a liability | 8 | | insurance policy; | 9 | | (J) the person in committing a violation of | 10 | | subsection (a) was involved in a motor vehicle accident | 11 | | that resulted in bodily harm, but not great bodily | 12 | | harm, to the child under the age of 16 being | 13 | | transported by the person, if the violation was the | 14 | | proximate cause of the injury; or | 15 | | (K) the person in committing a second violation of | 16 | | subsection (a) or a similar provision was transporting | 17 | | a person under the age of 16 ; or . | 18 | | (L) the person committed a violation of subsection | 19 | | (a) of this Section while transporting one or more | 20 | | passengers in a vehicle for-hire. | 21 | | (2)(A) Except as provided otherwise, a person | 22 | | convicted of aggravated driving under the influence of | 23 | | alcohol, other drug or drugs, or intoxicating compound or | 24 | | compounds, or any combination thereof is guilty of a Class | 25 | | 4 felony. | 26 | | (B) A third violation of this Section or a similar |
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| 1 | | provision is a Class 2 felony. If at the time of the third | 2 | | violation the alcohol concentration in his or her blood, | 3 | | breath, or urine was 0.16 or more based on the definition | 4 | | of blood, breath, or urine units in Section 11-501.2, a | 5 | | mandatory minimum of 90 days of imprisonment and a | 6 | | mandatory minimum fine of $2,500 shall be imposed in | 7 | | addition to any other criminal or administrative sanction. | 8 | | If at the time of the third violation, the defendant was | 9 | | transporting a person under the age of 16, a mandatory fine | 10 | | of $25,000 and 25 days of community service in a program | 11 | | benefiting children shall be imposed in addition to any | 12 | | other criminal or administrative sanction. | 13 | | (C) A fourth violation of this Section or a similar | 14 | | provision is a Class 2 felony, for which a sentence of | 15 | | probation or conditional discharge may not be imposed. If | 16 | | at the time of the violation, the alcohol concentration in | 17 | | the defendant's blood, breath, or urine was 0.16 or more | 18 | | based on the definition of blood, breath, or urine units in | 19 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 20 | | be imposed in addition to any other criminal or | 21 | | administrative sanction. If at the time of the fourth | 22 | | violation, the defendant was transporting a person under | 23 | | the age of 16 a mandatory fine of $25,000 and 25 days of | 24 | | community service in a program benefiting children shall be | 25 | | imposed in addition to any other criminal or administrative | 26 | | sanction. |
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| 1 | | (D) A fifth violation of this Section or a similar | 2 | | provision is a Class 1 felony, for which a sentence of | 3 | | probation or conditional discharge may not be imposed. If | 4 | | at the time of the violation, the alcohol concentration in | 5 | | the defendant's blood, breath, or urine was 0.16 or more | 6 | | based on the definition of blood, breath, or urine units in | 7 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 8 | | be imposed in addition to any other criminal or | 9 | | administrative sanction. If at the time of the fifth | 10 | | violation, the defendant was transporting a person under | 11 | | the age of 16, a mandatory fine of $25,000, and 25 days of | 12 | | community service in a program benefiting children shall be | 13 | | imposed in addition to any other criminal or administrative | 14 | | sanction. | 15 | | (E) A sixth or subsequent violation of this Section or | 16 | | similar provision is a Class X felony. If at the time of | 17 | | the violation, the alcohol concentration in the | 18 | | defendant's blood, breath, or urine was 0.16 or more based | 19 | | on the definition of blood, breath, or urine units in | 20 | | Section 11-501.2, a mandatory minimum fine of $5,000 shall | 21 | | be imposed in addition to any other criminal or | 22 | | administrative sanction. If at the time of the violation, | 23 | | the defendant was transporting a person under the age of | 24 | | 16, a mandatory fine of $25,000 and 25 days of community | 25 | | service in a program benefiting children shall be imposed | 26 | | in addition to any other criminal or administrative |
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| 1 | | sanction. | 2 | | (F) For a violation of subparagraph (C) of paragraph | 3 | | (1) of this subsection (d), the defendant, if sentenced to | 4 | | a term of imprisonment, shall be sentenced to not less than | 5 | | one year nor more than 12 years. | 6 | | (G) A violation of subparagraph (F) of paragraph (1) of | 7 | | this subsection (d) is a Class 2 felony, for which the | 8 | | defendant, unless the court determines that extraordinary | 9 | | circumstances exist and require probation, shall be | 10 | | sentenced to: (i) a term of imprisonment of not less than 3 | 11 | | years and not more than 14 years if the violation resulted | 12 | | in the death of one person; or (ii) a term of imprisonment | 13 | | of not less than 6 years and not more than 28 years if the | 14 | | violation resulted in the deaths of 2 or more persons. | 15 | | (H) For a violation of subparagraph (J) of paragraph | 16 | | (1) of this subsection (d), a mandatory fine of $2,500, and | 17 | | 25 days of community service in a program benefiting | 18 | | children shall be imposed in addition to any other criminal | 19 | | or administrative sanction. | 20 | | (I) A violation of subparagraph (K) of paragraph (1) of | 21 | | this subsection (d), is a Class 2 felony and a mandatory | 22 | | fine of $2,500, and 25 days of community service in a | 23 | | program benefiting children shall be imposed in addition to | 24 | | any other criminal or administrative sanction. If the child | 25 | | being transported suffered bodily harm, but not great | 26 | | bodily harm, in a motor vehicle accident, and the violation |
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| 1 | | was the proximate cause of that injury, a mandatory fine of | 2 | | $5,000 and 25 days of community service in a program | 3 | | benefiting children shall be imposed in addition to any | 4 | | other criminal or administrative sanction. | 5 | | (J) A violation of subparagraph (D) of paragraph (1) of | 6 | | this subsection (d) is a Class 3 felony, for which a | 7 | | sentence of probation or conditional discharge may not be | 8 | | imposed. | 9 | | (3) Any person sentenced under this subsection (d) who | 10 | | receives a term of probation or conditional discharge must | 11 | | serve a minimum term of either 480 hours of community | 12 | | service or 10 days of imprisonment as a condition of the | 13 | | probation or conditional discharge in addition to any other | 14 | | criminal or administrative sanction. | 15 | | (e) Any reference to a prior violation of subsection (a) or | 16 | | a similar provision includes any violation of a provision of a | 17 | | local ordinance or a provision of a law of another state or an | 18 | | offense committed on a military installation that is similar to | 19 | | a violation of subsection (a) of this Section. | 20 | | (f) The imposition of a mandatory term of imprisonment or | 21 | | assignment of community service for a violation of this Section | 22 | | shall not be suspended or reduced by the court. | 23 | | (g) Any penalty imposed for driving with a license that has | 24 | | been revoked for a previous violation of subsection (a) of this | 25 | | Section shall be in addition to the penalty imposed for any | 26 | | subsequent violation of subsection (a). |
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| 1 | | (h) For any prosecution under this Section, a certified | 2 | | copy of the driving abstract of the defendant shall be admitted | 3 | | as proof of any prior conviction.
| 4 | | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)".
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