State of Illinois
90th General Assembly
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90_HB1200

      625 ILCS 5/6-208.1        from Ch. 95 1/2, par. 6-208.1
      625 ILCS 5/11-501         from Ch. 95 1/2, par. 11-501
          Amends  the  Illinois  Vehicle  Code  to  change  certain
      provisions dealing with driving while  under  the  influence.
      Changes  the  penalties  and  period of suspension of driving
      privileges  by  basing  these   on   the   person's   alcohol
      concentration  level.  Provides that the period of suspension
      is 270 days  (instead  of  6  months)  and  if  not  a  first
      offender,  2  and  one-half  years  (instead  of 2 years) for
      refusing  or  failing  to  complete  an   alcohol   or   drug
      concentration  test.   Provides  that a first offender may be
      issued a restricted driving permit. Adds the requirement that
      a breath alcohol interlock ignition device be installed in  a
      person's  vehicle  if  a  person  with a second or subsequent
      violation for driving while under the influence is  issued  a
      restricted  driving permit.  Provides that a person convicted
      for driving while under the influence  shall  be  subject  to
      fines.  Provides  that  a  first offender shall be subject to
      community service.  Increases the fine and hours of community
      service for when the offense was committed while transporting
      a person 16 years of age or younger (instead  of  under  16).
      Adds  that  after  a  person is found guilty of driving while
      under  the  influence,  that  person  shall  be  required  to
      complete an approved alcohol or drug education course.  Makes
      other changes. Effective January 1, 1998.
                                                    LRB9002345NTsbB
                                              LRB9002345NTsbB
 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Sections 6-208.1 and 11-501.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 6    changing Sections 6-208.1 and 11-501 as follows:
 7        (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
 8        Sec.  6-208.1.   Period  of  statutory summary alcohol or
 9    other drug related suspension.
10        (a)  Unless the statutory  summary  suspension  has  been
11    rescinded,  any  person  whose  privilege  to  drive  a motor
12    vehicle on the public highways has been summarily  suspended,
13    pursuant  to  Section  11-501.1,  shall  not  be eligible for
14    restoration of the privilege  until  the  expiration  of  the
15    period as follows:
16             1.  270  days  Six months from the effective date of
17        the statutory summary suspension for a refusal or failure
18        to complete a test or tests to determine the  alcohol  or
19        drug concentration, pursuant to Section 11-501.1; or
20             2.  90  days Three months from the effective date of
21        the statutory summary suspension  imposed  following  the
22        person's   submission  to  a  chemical  test  that  which
23        disclosed an alcohol concentration of at least  0.10  but
24        not  more  than 0.15, not less than 120 days and not more
25        than 150 days from the effective date  of  the  statutory
26        summary  suspension  when  the  alcohol concentration was
27        more than 0.15 but not more than 0.20, and not less  than
28        150 and not more than 180 days from the effective date of
29        the   statutory   summary  suspension  when  the  alcohol
30        concentration was more than 0.20 or more, or 3 months for
31        any amount of a drug,  substance,  or  compound  in  such
                            -2-               LRB9002345NTsbB
 1        person's  blood  or urine resulting from the unlawful use
 2        or consumption of cannabis listed in the Cannabis Control
 3        Act or a controlled  substance  listed  in  the  Illinois
 4        Controlled  Substances Act, pursuant to Section 11-501.1;
 5        or
 6             3.  Two and one-half years from the  effective  date
 7        of  the statutory summary suspension for any person other
 8        than a first offender who refuses or fails to complete  a
 9        test   or   tests   to  determine  the  alcohol  or  drug
10        concentration pursuant to Section 11-501.1; or
11             4.  For a person convicted  of  a  second  violation
12        within  5  years  of the first offense, one year from the
13        effective date of the summary suspension imposed for  any
14        person  other  than a first offender following submission
15        to a  chemical  test  that  which  disclosed  an  alcohol
16        concentration  of  at  least  0.10 but not more than 0.15
17        pursuant to Section 11-501.1, one and one-half years from
18        the effective date of the  statutory  summary  suspension
19        when the alcohol concentration was more than 0.15 but not
20        more  than  0.20,  2 years from the effective date of the
21        statutory   summary   suspension   when    the    alcohol
22        concentration  was  more  than  0.20, or more pursuant to
23        Section 11-501.1 or one year for any amount  of  a  drug,
24        substance,  or  compound  in such person's blood or urine
25        resulting  from  the  unlawful  use  or  consumption   of
26        cannabis   listed  in  the  Cannabis  Control  Act  or  a
27        controlled substance listed in  the  Illinois  Controlled
28        Substances Act; or.
29             5.  Not  less  than 10 years from the effective date
30        of  the  statutory  summary  suspension  for   a   person
31        convicted  of  a  third  or subsequent violation within 5
32        years of the first offense, with an  additional  5  years
33        after the expiration of this statutory summary suspension
34        if  the  person  is convicted of a violation of this Code
                            -3-               LRB9002345NTsbB
 1        during the statutory summary suspension period.
 2        (b)  Following a  statutory  summary  suspension  of  the
 3    privilege  to  drive  a motor vehicle under Section 11-501.1,
 4    full driving privileges shall be restored unless  the  person
 5    is  otherwise  disqualified  by  this Code.  If the court has
 6    reason to believe that the person's driving privilege  should
 7    not  be  restored,  the  court  shall notify the Secretary of
 8    State prior  to  the  expiration  of  the  statutory  summary
 9    suspension  so  appropriate  action  may be taken pursuant to
10    this Code.
11        (c)  Full driving privileges may not  be  restored  until
12    all  applicable reinstatement fees, as provided by this Code,
13    have been paid to the Secretary of State and the  appropriate
14    entry made to the driver's record.
15        (d)  Where   a   driving  privilege  has  been  summarily
16    suspended  under  Section  11-501.1   and   the   person   is
17    subsequently  convicted  of  violating  Section  11-501, or a
18    similar  provision  of  a  local  ordinance,  for  the   same
19    incident,  any  period served on statutory summary suspension
20    shall be credited toward the minimum period of revocation  of
21    driving privileges imposed pursuant to Section 6-205.
22        (e)  Following  a statutory summary suspension of driving
23    privileges pursuant to Section 11-501.1, for a first offender
24    with an alcohol concentration of at least 0.10 but  not  more
25    than 0.20, the circuit court may, after at least 30 days from
26    the effective date of the statutory summary suspension, issue
27    a judicial driving permit as provided in Section 6-206.1.
28        (f)  Subsequent to an arrest of a first offender, for any
29    offense  as  defined in Section 11-501 or a similar provision
30    of  a  local  ordinance,  following   a   statutory   summary
31    suspension   of   driving   privileges  pursuant  to  Section
32    11-501.1, for a first offender with an alcohol  concentration
33    of  at  least  0.10 but not more than 0.20, the circuit court
34    may issue a court order directing the Secretary of  State  to
                            -4-               LRB9002345NTsbB
 1    issue  a  judicial  driving  permit  as  provided  in Section
 2    6-206.1.  However, this JDP shall not be effective  prior  to
 3    the 31st day of the statutory summary suspension.
 4        (g)  Following  a statutory summary suspension of driving
 5    privileges pursuant to Section 11-501.1 where the person  was
 6    not  a  first  offender, as defined in Section 11-500 and the
 7    such person refused or failed to complete a test or tests  to
 8    determine  the  alcohol  or  drug  concentration  pursuant to
 9    Section 11-501.1, the Secretary of State shall  not  issue  a
10    restricted driving permit.
11        (h)  Following  a statutory summary suspension of driving
12    privileges pursuant to Section 11-501.1 where the person  was
13    not  a  first offender with an alcohol concentration level of
14    more then 0.20 or a person convicted of  a  second  violation
15    within  5  years  of  the first offense as defined in Section
16    11-500 and  the  such  person,  upon  the  second  violation,
17    submitted  to  a  chemical  test  which  disclosed an alcohol
18    concentration  of  0.10  .10  or  more  pursuant  to  Section
19    11-501.1, the Secretary of State may, after at least 90  days
20    from  the effective date of the statutory summary suspension,
21    issue a restricted driving permit. A person  arrested  for  a
22    second  violation within 5 years of the first offense with an
23    alcohol concentration level of more than 0.15 who is  granted
24    a   restricted   driving   permit  in  accordance  with  this
25    subsection shall have a  breath  alcohol  interlock  ignition
26    device  installed  on  his  or  her motor vehicle pursuant to
27    rules adopted by the Secretary of State. All costs associated
28    with installing and monitoring the interlocking device  shall
29    be   assessed  as  part  of  the  condition  of  receiving  a
30    restricted driving  permit.  The  interlocking  device  shall
31    conform to standards established by the Secretary of State by
32    rule.
33        (i)  Following  a statutory summary suspension of driving
34    privileges  pursuant  to  Section  11-501.1  for   a   person
                            -5-               LRB9002345NTsbB
 1    convicted  of  a third or subsequent violation within 5 years
 2    of the first offense who submitted to a chemical  test  which
 3    disclosed  an  alcohol concentration of 0.10 or more pursuant
 4    to Section 11-501.1, the Secretary of State  may,  after  the
 5    expiration   of   statutory   summary   suspension,  issue  a
 6    restricted driving permit for a  period  of  2  years,  after
 7    which  the  person  shall be eligible for restoration of full
 8    driving privileges.  A person receiving a restricted  driving
 9    permit  under  this  subsection  shall  have a breath alcohol
10    interlock ignition device  installed  on  his  or  her  motor
11    vehicle  pursuant to rules adopted by the Secretary of State.
12    All costs  associated  with  installing  and  monitoring  the
13    interlocking   device  shall  be  assessed  as  part  of  the
14    condition of receiving  a  restricted  driving  permit.   The
15    interlocking device shall conform to standards established by
16    the Secretary of State by rule.
17    (Source: P.A. 88-415; 89-203, eff. 7-21-95.)
18        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
19        (Text of Section before amendment by P.A. 89-507)
20        Sec.  11-501.   Driving  while  under  the  influence  of
21    alcohol, other drug, or combination of both.
22        (a)  A  person  shall  not drive or be in actual physical
23    control of any vehicle within this State while:
24             (1)  the alcohol concentration in the person's blood
25        or breath is 0.10 or more  based  on  the  definition  of
26        blood and breath units in Section 11-501.2;
27             (2)  under the influence of alcohol;
28             (3)  under  the  influence  of  any  other  drug  or
29        combination  of drugs to a degree that renders the person
30        incapable of safely driving;
31             (4)  under the combined influence of alcohol and any
32        other drug or drugs to a degree that renders  the  person
33        incapable of safely driving; or
                            -6-               LRB9002345NTsbB
 1             (5)  there  is  any  amount of a drug, substance, or
 2        compound in the person's blood or  urine  resulting  from
 3        the unlawful use or consumption of cannabis listed in the
 4        Cannabis Control Act, or a controlled substance listed in
 5        the Illinois Controlled Substances Act.
 6        (b)  The fact that any person charged with violating this
 7    Section  is  or  has been legally entitled to use alcohol, or
 8    other  drugs,  or  any  combination  of  both,    shall   not
 9    constitute  a  defense  against  any charge of violating this
10    Section.
11        (c)  Except as provided under paragraphs (c-3) and (d) of
12    this  Section,  every  person  convicted  of  violating  this
13    Section or a similar provision of a local ordinance, shall be
14    guilty of a Class A misdemeanor and, in addition to any other
15    criminal or administrative action, for any second  conviction
16    of  violating this Section or a similar provision of a law of
17    another state or local ordinance committed within 5 years  of
18    a  previous  violation of this Section or a similar provision
19    of a local ordinance shall  be  mandatorily  sentenced  to  a
20    minimum  of  48 consecutive hours of imprisonment or assigned
21    to a minimum of 100 hours of  community  service  as  may  be
22    determined  by the court. Every person convicted of violating
23    this Section or a similar  provision  of  a  local  ordinance
24    shall  be  subject  to a mandatory minimum fine of $500 and a
25    mandatory 5 days of community service in a program benefiting
26    children if the person committed a violation of paragraph (a)
27    or  a  similar  provision  of   a   local   ordinance   while
28    transporting a person under age 16.  Every person convicted a
29    second time for violating this Section or a similar provision
30    of  a  local ordinance within 5 years of a previous violation
31    of this Section or a similar provision of a  law  of  another
32    state  or  local  ordinance  shall  be subject to a mandatory
33    minimum fine of $500  and  10  days  of  mandatory  community
34    service  in  a  program  benefiting  children  if the current
                            -7-               LRB9002345NTsbB
 1    offense was committed while transporting a person  under  age
 2    16.   The  imprisonment  or  assignment under this subsection
 3    shall not be subject to suspension nor shall  the  person  be
 4    eligible  for  probation  in  order to reduce the sentence or
 5    assignment.
 6        (c-1)  A person who violates this Section during a period
 7    in which  his  or  her  driving  privileges  are  revoked  or
 8    suspended,  where  the  revocation  or  suspension  was for a
 9    violation of this Section or Section 11-501.1  shall,  unless
10    sentenced  to a  term of imprisonment in the penitentiary, in
11    addition to any other criminal or administrative  action,  be
12    sentenced  to  a  minimum  term  of  30  consecutive  days of
13    imprisonment, 40 days of 24 hour periodic imprisonment or 720
14    hours of community service,  as  may  be  determined  by  the
15    court.   This  mandatory  minimum  term  of  imprisonment  or
16    assignment  of  community  service shall not be suspended and
17    shall not be subject to reduction by the court.
18        (c-2)  (Blank).
19        (c-3)  Every person convicted of violating  this  Section
20    or  a  similar provision of a local ordinance who had a child
21    under age 16 in the vehicle at the time of the offense  shall
22    have  his or her punishment under this Act enhanced by 2 days
23    of imprisonment for a first offense, 10 days of  imprisonment
24    for  a  second  offense,  30 days of imprisonment for a third
25    offense,  and  90  days  of  imprisonment  for  a  fourth  or
26    subsequent offense, in addition to  the  fine  and  community
27    service  required  under  subsection  (c)  and  the  possible
28    imprisonment required under subsection (d).  The imprisonment
29    or  assignment  under this subsection shall not be subject to
30    suspension nor shall the person be eligible for probation  in
31    order to reduce the sentence or assignment.
32        (d) (1)  Every person convicted of committing a violation
33    of  this  Section shall be guilty of aggravated driving under
34    the influence of alcohol or drugs or a  combination  of  both
                            -8-               LRB9002345NTsbB
 1    if:
 2             (A)  the   person  committed  a  violation  of  this
 3        Section, or a similar provision of a law of another state
 4        or a local ordinance when the cause of action is the same
 5        as or substantially similar  to  this  Section,  for  the
 6        third or subsequent time;
 7             (B)  the  person  committed a violation of paragraph
 8        (a) while driving a school bus with children on board;
 9             (C)  the  person  in  committing  a   violation   of
10        paragraph  (a)  was  involved in a motor vehicle accident
11        that  resulted  in  great  bodily   harm   or   permanent
12        disability   or   disfigurement   to  another,  when  the
13        violation was a proximate cause of the injuries; or
14             (D)  the person committed a violation  of  paragraph
15        (a)  for  a second time and has been previously convicted
16        of violating Section 9-3 of the  Criminal  Code  of  1961
17        relating  to  reckless  homicide  in which the person was
18        determined to have been under the influence of alcohol or
19        any other drug or drugs as an element of the  offense  or
20        the   person   has   previously   been   convicted  under
21        subparagraph (C) of this paragraph (1).
22        (2)  Aggravated driving under the influence of alcohol or
23    drugs or a combination of both is a Class 4 felony for  which
24    a  person,  if  sentenced to a term of imprisonment, shall be
25    sentenced to not less than one year and not more than 3 years
26    for a violation of subparagraph (A), (B) or (D) of  paragraph
27    (1) of this subsection (d) and not less than one year and not
28    more  than  12  years  for a violation of subparagraph (C) of
29    paragraph (1) of this subsection (d).
30        (e)  After a finding of guilt  and  prior  to  any  final
31    sentencing, or an order for supervision, for an offense based
32    upon  an  arrest for a violation of this Section or a similar
33    provision of a local ordinance, individuals shall be required
34    to undergo a  professional  evaluation  to  determine  if  an
                            -9-               LRB9002345NTsbB
 1    alcohol  or other drug abuse problem exists and the extent of
 2    the problem. Programs conducting these evaluations  shall  be
 3    licensed by the Department of Alcoholism and Substance Abuse.
 4    The  cost of any professional evaluation shall be paid for by
 5    the  individual  required   to   undergo   the   professional
 6    evaluation.
 7        (f)  Every person found guilty of violating this Section,
 8    whose operation of a motor vehicle while in violation of this
 9    Section  proximately  caused  any  incident  resulting  in an
10    appropriate emergency  response,  shall  be  liable  for  the
11    expense  of  an  emergency response as provided under Section
12    5-5-3 of the Unified Code of Corrections.
13        (g)  The Secretary of  State  shall  revoke  the  driving
14    privileges  of  any  person convicted under this Section or a
15    similar provision of a local ordinance.
16        (h)  Every person sentenced under subsection (d) of  this
17    Section  and  who receives a term of probation or conditional
18    discharge shall be required to serve a minimum term of either
19    30 days community service or,  beginning  July  1,  1993,  48
20    consecutive  hours  of  imprisonment  as  a  condition of the
21    probation or conditional discharge.  This  mandatory  minimum
22    term of imprisonment or assignment of community service shall
23    not be suspended and shall not be subject to reduction by the
24    court.
25        (i)  The  Secretary  of  State  shall  establish  a pilot
26    program to  test  the  effectiveness  of  ignition  interlock
27    device  requirements  upon individuals who have been arrested
28    for a second or subsequent  offense  of  this  Section.   The
29    Secretary   shall   establish  by  rule  and  regulation  the
30    population and procedures for use of the interlock system.
31    (Source: P.A. 88-45; 88-238; 88-433;  88-670,  eff.  12-2-94;
32    88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
33    89-203, eff. 7-21-95; 89-626, eff. 8-9-96.)
34        (Text of Section after amendment by P.A. 89-507)
                            -10-              LRB9002345NTsbB
 1        Sec.  11-501.   Driving  while  under  the  influence  of
 2    alcohol, other drug, or combination of both.
 3        (a)  A  person  shall  not drive or be in actual physical
 4    control of any vehicle within this State while:
 5             (1)  the alcohol concentration in the person's blood
 6        or breath is 0.10 or more  based  on  the  definition  of
 7        blood and breath units in Section 11-501.2;
 8             (2)  under the influence of alcohol;
 9             (3)  under  the  influence  of  any  other  drug  or
10        combination  of drugs to a degree that renders the person
11        incapable of safely driving;
12             (4)  under the combined influence of alcohol and any
13        other drug or drugs to a degree that renders  the  person
14        incapable of safely driving; or
15             (5)  there  is  any  amount of a drug, substance, or
16        compound in the person's blood or  urine  resulting  from
17        the unlawful use or consumption of cannabis listed in the
18        Cannabis Control Act, or a controlled substance listed in
19        the Illinois Controlled Substances Act.
20        (b)  The fact that any person charged with violating this
21    Section  is  or  has been legally entitled to use alcohol, or
22    other  drugs,  or  any  combination  of  both,    shall   not
23    constitute  a  defense  against  any charge of violating this
24    Section.
25        (c)  Except as provided under paragraphs (c-3) and (d) of
26    this  Section,  every  person  convicted  of  violating  this
27    Section or a similar provision of a local ordinance, shall be
28    guilty of a Class A misdemeanor.  and,  In  addition  to  any
29    other   criminal   or  administrative  action,  for  a  first
30    conviction of violating this Section or a  similar  provision
31    of  a  local  ordinance,  a  person  shall  be subject to the
32    following:
33             (1)  If the alcohol concentration  in  the  person's
34        blood  or breath is at least 0.10 but not more than 0.15,
                            -11-              LRB9002345NTsbB
 1        (i) a fine of not less than $500 and at least 8  but  not
 2        more  than  16  hours  of  community  service  or  (ii) a
 3        mandatory fine of not less than  $750  and  40  hours  of
 4        community service in a program benefiting children if the
 5        person  committed  the  violation  while  transporting  a
 6        person 16 years of age or younger.
 7             (2)  If  the  alcohol  concentration in the person's
 8        blood or breath is more than 0.15 but not more than 0.20,
 9        (i) a fine of not less than $750 and at least 32 but  not
10        more  than  40  hours  of  community  service  or  (ii) a
11        mandatory fine of not less than $1,000 and  40  hours  of
12        community service in a program benefiting children if the
13        person  committed  the  violation  while  transporting  a
14        person 16 years of age or younger.
15             (3)  If  the  alcohol  concentration in the person's
16        blood or breath is more than 0.20, (i) a fine of not less
17        than $2,500 and at least 60 hours but not  more  than  80
18        hours  of  community  service or (ii) a mandatory fine of
19        not less than $3,000 and 100 hours of  community  service
20        in  a program benefiting children if the person committed
21        the violation while transporting a person 16 years of age
22        or younger.
23        In addition  to  any  other  criminal  or  administrative
24    action,  for  any second conviction of violating this Section
25    or a similar provision of a law of  another  state  or  local
26    ordinance committed within 5 years of a previous violation of
27    this  Section  or a similar provision of a local ordinance, a
28    person shall be mandatorily sentenced  to  a  minimum  of  48
29    consecutive hours of imprisonment or assigned to a minimum of
30    100  hours  of  community service as may be determined by the
31    court and shall be subject to the following:.
32             (1)  If the alcohol concentration  in  the  person's
33        blood  or breath is at least 0.10 but not more than 0.15,
34        a fine of not less than $1,000 but not more than $2,500.
                            -12-              LRB9002345NTsbB
 1             (2)  If the alcohol concentration  in  the  person's
 2        blood  or breath is at least 0.15 but not more than 0.20,
 3        a fine of not less than $2,000 but not more than $5,000.
 4             (3)  If the alcohol concentration  in  the  person's
 5        blood  or  breath  is  more than 0.20, a fine of not less
 6        than $3,000 but not more than $5,000.
 7    Every person convicted of violating this Section or a similar
 8    provision  of  a  local  ordinance  shall  be  subject  to  a
 9    mandatory minimum fine of $500 and  a  mandatory  5  days  of
10    community  service  in  a  program benefiting children if the
11    person committed a violation of paragraph (a)  or  a  similar
12    provision  of  a  local ordinance while transporting a person
13    under age 16.  Every  person  convicted  a  second  time  for
14    violating  this  Section  or  a  similar provision of a local
15    ordinance within 5 years of  a  previous  violation  of  this
16    Section  or  a similar provision of a law of another state or
17    local ordinance shall, if the current offense  was  committed
18    while  transporting  a  person 16 years of age or younger, be
19    subject to 120 hours of a mandatory minimum fine of $500  and
20    10   days   of  mandatory  community  service  in  a  program
21    benefiting children and  (i)  a  mandatory  minimum  fine  of
22    $3,000  if  the  alcohol concentration level is at least 0.10
23    but  not  more  than  0.15,  (ii)  $4,000  if   the   alcohol
24    concentration level is more than 0.15 but not more than 0.20,
25    or  (iii)  $5,000  if the alcohol concentration level is more
26    than  0.20  if  the  current  offense  was  committed   while
27    transporting  a  person  under  age  16.  The imprisonment or
28    assignment under this subsection  shall  not  be  subject  to
29    suspension  nor shall the person be eligible for probation in
30    order to reduce the sentence or assignment.
31        (c-1)  A person who violates this Section during a period
32    in which  his  or  her  driving  privileges  are  revoked  or
33    suspended,  where  the  revocation  or  suspension  was for a
34    violation of this Section or Section 11-501.1  shall,  unless
                            -13-              LRB9002345NTsbB
 1    sentenced  to a  term of imprisonment in the penitentiary, in
 2    addition to any other criminal or administrative  action,  be
 3    sentenced  to  a  minimum  term  of  30  consecutive  days of
 4    imprisonment, 40 days of 24 hour periodic imprisonment or 720
 5    hours of community service,  as  may  be  determined  by  the
 6    court.   This  mandatory  minimum  term  of  imprisonment  or
 7    assignment  of  community  service shall not be suspended and
 8    shall not be subject to reduction by the court.
 9        (c-2)  (Blank).
10        (c-3)  Every person convicted of violating  this  Section
11    or  a similar provision of a local ordinance who had a person
12    16 years of age or younger child under age 16 in the  vehicle
13    at  the  time of the offense shall have his or her punishment
14    under this Act enhanced by 2 days of imprisonment for a first
15    offense, 10 days of imprisonment for  a  second  offense,  30
16    days  of  imprisonment  for  a  third offense, and 90 days of
17    imprisonment for a fourth or subsequent offense, in  addition
18    to  the  fine and community service required under subsection
19    (c) and the possible imprisonment required  under  subsection
20    (d).   The  imprisonment  or assignment under this subsection
21    shall not be subject to suspension nor shall  the  person  be
22    eligible  for  probation  in  order to reduce the sentence or
23    assignment.
24        (d) (1)  Every person convicted of committing a violation
25    of this Section shall be guilty of aggravated  driving  under
26    the  influence  of  alcohol or drugs or a combination of both
27    if:
28             (A)  the  person  committed  a  violation  of   this
29        Section, or a similar provision of a law of another state
30        or a local ordinance when the cause of action is the same
31        as  or  substantially  similar  to  this Section, for the
32        third or subsequent time;
33             (B)  the person committed a violation  of  paragraph
34        (a) while driving a school bus with children on board;
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 1             (C)  the   person   in  committing  a  violation  of
 2        paragraph (a) was involved in a  motor  vehicle  accident
 3        that   resulted   in   great  bodily  harm  or  permanent
 4        disability  or  disfigurement  to   another,   when   the
 5        violation was a proximate cause of the injuries; or
 6             (D)  the  person  committed a violation of paragraph
 7        (a) for a second time and has been  previously  convicted
 8        of  violating  Section  9-3  of the Criminal Code of 1961
 9        relating to reckless homicide in  which  the  person  was
10        determined to have been under the influence of alcohol or
11        any  other  drug or drugs as an element of the offense or
12        the  person   has   previously   been   convicted   under
13        subparagraph (C) of this paragraph (1).
14        (2)  Aggravated driving under the influence of alcohol or
15    drugs  or a combination of both is a Class 4 felony for which
16    a person, if sentenced to a term of  imprisonment,  shall  be
17    sentenced to not less than one year and not more than 3 years
18    for  a violation of subparagraph (A), (B) or (D) of paragraph
19    (1) of this subsection (d) and not less than one year and not
20    more than 12 years for a violation  of  subparagraph  (C)  of
21    paragraph  (1)  of  this  subsection (d).  In addition, for a
22    violation of subdivision (A) within  5  years  of  the  first
23    offense, the person shall be subject to a fine of $7,500.  If
24    the  person  committed  the  violation  while  transporting a
25    person 16 years of  age  or  younger,  the  person  shall  be
26    subject  to  a  mandatory  fine  of  $10,000 and 120 hours of
27    community service in a program benefitting children.
28        (e)  After a finding of guilt  and  prior  to  any  final
29    sentencing, or an order for supervision, for an offense based
30    upon  an  arrest for a violation of this Section or a similar
31    provision of a local ordinance, individuals shall be required
32    to complete an approved alcohol or drug education course  and
33    undergo  a professional evaluation to determine if an alcohol
34    or other drug abuse problem exists  and  the  extent  of  the
                            -15-              LRB9002345NTsbB
 1    problem.   Programs  conducting  these  evaluations  shall be
 2    licensed by the Department of Human Services.   The  cost  of
 3    any   professional  evaluation  shall  be  paid  for  by  the
 4    individual required to undergo the professional evaluation.
 5        (f)  Every person found guilty of violating this Section,
 6    whose operation of a motor vehicle while in violation of this
 7    Section proximately  caused  any  incident  resulting  in  an
 8    appropriate  emergency  response,  shall  be  liable  for the
 9    expense of an emergency response as  provided  under  Section
10    5-5-3 of the Unified Code of Corrections.
11        (g)  The  Secretary  of  State  shall  revoke the driving
12    privileges of any person convicted under this  Section  or  a
13    similar provision of a local ordinance.
14        (h)  Every  person sentenced under subsection (d) of this
15    Section and who receives a term of probation  or  conditional
16    discharge shall be required to serve a minimum term of either
17    30  days  community  service  or,  beginning July 1, 1993, 48
18    consecutive hours of  imprisonment  as  a  condition  of  the
19    probation  or  conditional discharge.  This mandatory minimum
20    term of imprisonment or assignment of community service shall
21    not be suspended and shall not be subject to reduction by the
22    court.
23        (i)  The Secretary  of  State  shall  establish  a  pilot
24    program  to  test  the  effectiveness  of  ignition interlock
25    device requirements upon individuals who have  been  arrested
26    for  a  second  or  subsequent  offense of this Section.  The
27    Secretary  shall  establish  by  rule  and   regulation   the
28    population and procedures for use of the interlock system.
29    (Source: P.A.  88-45;  88-238;  88-433; 88-670, eff. 12-2-94;
30    88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
31    89-203, eff.  7-21-95;  89-507,  eff.  7-1-97;  89-626,  eff.
32    8-9-96.)
33        Section  95.   No  acceleration or delay.  Where this Act
                            -16-              LRB9002345NTsbB
 1    makes changes in a statute that is represented in this Act by
 2    text that is not yet or no longer in effect (for  example,  a
 3    Section  represented  by  multiple versions), the use of that
 4    text does not accelerate or delay the taking  effect  of  (i)
 5    the  changes made by this Act or (ii) provisions derived from
 6    any other Public Act.
 7        Section  99.  Effective  date.   This  Act  takes  effect
 8    January 1, 1998.

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