Illinois General Assembly - Full Text of Public Act 093-1093
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Public Act 093-1093


 

Public Act 1093 93RD GENERAL ASSEMBLY



 


 
Public Act 093-1093
 
HB0734 Enrolled LRB093 05816 DRH 05909 b

    AN ACT in relation to transportation.
 
    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.
    (b-1) With regard to penalties imposed under this Section:
        (1) Any reference to a prior violation of subsection
    (a) or a similar provision includes any violation of a
    provision of a local ordinance or a provision of a law of
    another state that is similar to a violation of subsection
    (a) of this Section.
        (2) Any penalty imposed for driving with a license that
    has been revoked for a previous violation of subsection (a)
    of this Section shall be in addition to the penalty imposed
    for any subsequent violation of subsection (a).
    (b-2) Except as otherwise provided in this Section, any
person convicted of violating subsection (a) of this Section is
guilty of a Class A misdemeanor.
    (b-3) In addition to any other criminal or administrative
sanction for any second conviction of violating subsection (a)
or a similar provision committed within 5 years of a previous
violation of subsection (a) or a similar provision, the
defendant shall be sentenced to a mandatory minimum of 5 days
of imprisonment or assigned a mandatory minimum of 240 hours of
community service as may be determined by the court.
    (b-4) In the case of a third or subsequent violation
committed within 5 years of a previous violation of subsection
(a) or a similar provision, in addition to any other criminal
or administrative sanction, a mandatory minimum term of either
10 days of imprisonment or 480 hours of community service shall
be imposed.
    (b-5) The imprisonment or assignment of community service
under subsections (b-3) and (b-4) shall not be subject to
suspension, nor shall the person be eligible for a reduced
sentence.
    (c) (Blank).
    (c-1) (1) A person who violates subsection (a) during a
    period in which his or her driving privileges are revoked
    or suspended, where the revocation or suspension was for a
    violation of subsection (a), Section 11-501.1, paragraph
    (b) of Section 11-401, or for reckless homicide as defined
    in Section 9-3 of the Criminal Code of 1961 is guilty of a
    Class 4 felony.
        (2) A person who violates subsection (a) a third time,
    if the third violation occurs during a period in which his
    or her driving privileges are revoked or suspended where
    the revocation or suspension was for a violation of
    subsection (a), Section 11-501.1, paragraph (b) of Section
    11-401, or for reckless homicide as defined in Section 9-3
    of the Criminal Code of 1961, is guilty of a Class 3
    felony.(2.1) A person who violates subsection (a) a third
    time, if the third violation occurs during a period in
    which his or her driving privileges are revoked or
    suspended where the revocation or suspension was for a
    violation of subsection (a), Section 11-501.1, subsection
    (b) of Section 11-401, or for reckless homicide as defined
    in Section 9-3 of the Criminal Code of 1961, is guilty of a
    Class 3 felony; and if the person receives a term of
    probation or conditional discharge, he or she shall be
    required to serve a mandatory minimum of 10 days of
    imprisonment or shall be assigned a mandatory minimum of
    480 hours of community service, as may be determined by the
    court, as a condition of the probation or conditional
    discharge. This mandatory minimum term of imprisonment or
    assignment of community service shall not be suspended or
    reduced by the court.
        (2.2) A person who violates subsection (a), if the
    violation occurs during a period in which his or her
    driving privileges are revoked or suspended where the
    revocation or suspension was for a violation of subsection
    (a) or Section 11-501.1, shall also be sentenced to an
    additional mandatory 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 term of imprisonment or assignment of
    community service shall not be suspended or reduced by the
    court.
        (3) A person who violates subsection (a) a fourth or
    subsequent time, if the fourth or subsequent violation
    occurs during a period in which his or her driving
    privileges are revoked or suspended where the revocation or
    suspension was for a violation of subsection (a), Section
    11-501.1, paragraph (b) of Section 11-401, or for reckless
    homicide as defined in Section 9-3 of the Criminal Code of
    1961, is guilty of a Class 2 felony and is not eligible for
    a sentence of probation or conditional discharge.
    (c-2) (Blank).
    (c-3) (Blank).
    (c-4) (Blank).
    (c-5)(1) A person who violates subsection (a), if the
    person was transporting a person under the age of 16 at the
    time of the violation, is subject to an additional
    mandatory minimum fine of $1,000, an additional mandatory
    minimum 140 hours of community service, which shall include
    40 hours of community service in a program benefiting
    children, and an additional 2 days of imprisonment. The
    imprisonment or assignment of community service under this
    subdivision (c-5)(1) subsection (c-5) is not subject to
    suspension, nor is the person eligible for a reduced
    sentence.
        (2) (c-6) Except as provided in subdivisions (c-5)(3)
    and (c-5)(4) subsections (c-7) and (c-8) a person who
    violates subsection (a) a second time, if at the time of
    the second violation the person was transporting a person
    under the age of 16, is subject to an additional 10 days of
    imprisonment, an additional mandatory minimum fine of
    $1,000, and an additional mandatory minimum 140 hours of
    community service, which shall include 40 hours of
    community service in a program benefiting children. The
    imprisonment or assignment of community service under this
    subdivision (c-5)(2) subsection (c-6) is not subject to
    suspension, nor is the person eligible for a reduced
    sentence.
        (3) (c-7) Except as provided in subdivision (c-5)(4)
    subsection (c-8), any person convicted of violating
    subdivision (c-5)(2) subsection (c-6) or a similar
    provision within 10 years of a previous violation of
    subsection (a) or a similar provision shall receive, in
    addition to any other penalty imposed, a mandatory minimum
    12 days imprisonment, an additional 40 hours of mandatory
    community service in a program benefiting children, and a
    mandatory minimum fine of $1,750. The imprisonment or
    assignment of community service under this subdivision
    (c-5)(3) subsection (c-7) is not subject to suspension, nor
    is the person eligible for a reduced sentence.
        (4) (c-8) Any person convicted of violating
    subdivision (c-5)(2) subsection (c-6) or a similar
    provision within 5 years of a previous violation of
    subsection (a) or a similar provision shall receive, in
    addition to any other penalty imposed, an additional 80
    hours of mandatory community service in a program
    benefiting children, an additional mandatory minimum 12
    days of imprisonment, and a mandatory minimum fine of
    $1,750. The imprisonment or assignment of community
    service under this subdivision (c-5)(4) subsection (c-8)
    is not subject to suspension, nor is the person eligible
    for a reduced sentence.
        (5) (c-9) Any person convicted a third time for
    violating subsection (a) or a similar provision, if at the
    time of the third violation the person was transporting a
    person under the age of 16, is guilty of a Class 4 felony
    and shall receive, in addition to any other penalty
    imposed, an additional mandatory fine of $1,000, an
    additional mandatory 140 hours of community service, which
    shall include 40 hours in a program benefiting children,
    and a mandatory minimum 30 days of imprisonment. The
    imprisonment or assignment of community service under this
    subdivision (c-5)(5) subsection (c-9) is not subject to
    suspension, nor is the person eligible for a reduced
    sentence.
        (6) (c-10) Any person convicted of violating
    subdivision (c-5)(5) subsection (c-9) or a similar
    provision a third time within 20 years of a previous
    violation of subsection (a) or a similar provision is
    guilty of a Class 4 felony and shall receive, in addition
    to any other penalty imposed, an additional mandatory 40
    hours of community service in a program benefiting
    children, an additional mandatory fine of $3,000 $3000, and
    a mandatory minimum 120 days of imprisonment. The
    imprisonment or assignment of community service under this
    subdivision (c-5)(6) subsection (c-10) is not subject to
    suspension, nor is the person eligible for a reduced
    sentence.
        (7) (c-11) Any person convicted a fourth or subsequent
    time for violating subsection (a) or a similar provision,
    if at the time of the fourth or subsequent violation the
    person was transporting a person under the age of 16, and
    if the person's 3 prior violations of subsection (a) or a
    similar provision occurred while transporting a person
    under the age of 16 or while the alcohol concentration in
    his or her blood, breath, or urine was 0.16 or more based
    on the definition of blood, breath, or urine units in
    Section 11-501.2, is guilty of a Class 2 felony, is not
    eligible for probation or conditional discharge, and is
    subject to a minimum fine of $3,000.
    (c-6)(1) (c-12) Any person convicted of a first violation
    of subsection (a) or a similar provision, if the alcohol
    concentration in his or her blood, breath, or urine was
    0.16 or more based on the definition of blood, breath, or
    urine units in Section 11-501.2, shall be subject, in
    addition to any other penalty that may be imposed, to a
    mandatory minimum of 100 hours of community service and a
    mandatory minimum fine of $500.
        (2) (c-13) Any person convicted of a second violation
    of subsection (a) or a similar provision committed within
    10 years of a previous violation of subsection (a) or a
    similar provision committed within 10 years of a previous
    violation of subsection (a) or a similar provision, if at
    the time of the second violation of subsection (a) or a
    similar provision the alcohol concentration in his or her
    blood, breath, or urine was 0.16 or more based on the
    definition of blood, breath, or urine units in Section
    11-501.2, shall be subject, in addition to any other
    penalty that may be imposed, to a mandatory minimum of 2
    days of imprisonment and a mandatory minimum fine of
    $1,250.
        (3) (c-14) Any person convicted of a third violation of
    subsection (a) or a similar provision within 20 years of a
    previous violation of subsection (a) or a similar
    provision, if at the time of the third violation of
    subsection (a) or a similar provision the alcohol
    concentration in his or her blood, breath, or urine was
    0.16 or more based on the definition of blood, breath, or
    urine units in Section 11-501.2, is guilty of a Class 4
    felony and shall be subject, in addition to any other
    penalty that may be imposed, to a mandatory minimum of 90
    days of imprisonment and a mandatory minimum fine of
    $2,500.
        (4) (c-15) Any person convicted of a fourth or
    subsequent violation of subsection (a) or a similar
    provision, if at the time of the fourth or subsequent
    violation the alcohol concentration in his or her blood,
    breath, or urine was 0.16 or more based on the definition
    of blood, breath, or urine units in Section 11-501.2, and
    if the person's 3 prior violations of subsection (a) or a
    similar provision occurred while transporting a person
    under the age of 16 or while the alcohol concentration in
    his or her blood, breath, or urine was 0.16 or more based
    on the definition of blood, breath, or urine units in
    Section 11-501.2, is guilty of a Class 2 felony and is not
    eligible for a sentence of probation or conditional
    discharge and is subject to a minimum fine of $2,500.
    (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 subsection
        (a) or a similar provision for the third or subsequent
        time;
            (B) the person committed a violation of subsection
        (a) while driving a school bus with persons 18 years of
        age or younger on board;
            (C) the person in committing a violation of
        subsection (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;
            (D) the person committed a violation of subsection
        (a) for a second time and has been previously convicted
        of violating Section 9-3 of the Criminal Code of 1961
        or a similar provision of a law of another state
        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)
        or subparagraph (F) of this paragraph (1);
            (E) the person, in committing a violation of
        subsection (a) while driving at any speed in a school
        speed zone at a time when a speed limit of 20 miles per
        hour was in effect under subsection (a) of Section
        11-605 of this Code, was involved in a motor vehicle
        accident that resulted in bodily harm, other than great
        bodily harm or permanent disability or disfigurement,
        to another person, when the violation of subsection (a)
        was a proximate cause of the bodily harm; or
            (F) the person, in committing a violation of
        subsection (a), was involved in a motor vehicle,
        snowmobile, all-terrain vehicle, or watercraft
        accident that resulted in the death of another person,
        when the violation of subsection (a) was a proximate
        cause of the death.
        (2) Except as provided in this paragraph (2), a person
    convicted of aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof is guilty of a Class
    4 felony. 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. Aggravated driving under
    the influence of alcohol, other drug or drugs, or
    intoxicating compound or compounds, or any combination
    thereof as defined in subparagraph (F) of paragraph (1) of
    this subsection (d) is a Class 2 felony, for which the
    defendant, if sentenced to a term of imprisonment, shall be
    sentenced to: (A) a term of imprisonment of not less than 3
    years and not more than 14 years if the violation resulted
    in the death of one person; or (B) a term of imprisonment
    of not less than 6 years and not more than 28 years if the
    violation resulted in the deaths of 2 or more persons. 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. Any person sentenced
    under this subsection (d) who receives a term of probation
    or conditional discharge must serve a minimum term of
    either 480 hours of community service or 10 days of
    imprisonment as a condition of the probation or conditional
    discharge. This mandatory minimum term of imprisonment or
    assignment of community service may not be suspended or
    reduced by the court.
    (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, and undergo the imposition of
treatment as appropriate. 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.
    (e-1) Any person who is found guilty of or pleads guilty to
violating this Section, including any person receiving a
disposition of court supervision for violating this Section,
may be required by the Court to attend a victim impact panel
offered by, or under contract with, a County State's Attorney's
office, a probation and court services department, Mothers
Against Drunk Driving, or the Alliance Against Intoxicated
Motorists. All costs generated by the victim impact panel shall
be paid from fees collected from the offender or as may be
determined by the court.
    (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) (Blank).
    (i) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by an
individual who has been convicted of 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 certification and 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
subsection (a), including any person placed on court
supervision for violating subsection (a), shall be fined $500,
payable to the circuit clerk, who shall distribute the money as
follows: 20% to the law enforcement agency that made the arrest
and 80% shall be forwarded to the State Treasurer for deposit
into the General Revenue Fund. If the person has been
previously convicted of violating subsection (a) or a similar
provision of a local ordinance, the fine shall be $1,000. In
the event that more than one agency is responsible for the
arrest, the amount payable to law enforcement agencies 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.
    (k) The Secretary of State Police DUI Fund is created as a
special fund in the State treasury. All moneys received by the
Secretary of State Police under subsection (j) of this Section
shall be deposited into the Secretary of State Police DUI Fund
and, subject to appropriation, shall be used to purchase law
enforcement equipment to assist in the prevention of alcohol
related criminal violence throughout the State.
    (l) Whenever an individual is sentenced for an offense
based upon an arrest for a violation of subsection (a) or a
similar provision of a local ordinance, and the professional
evaluation recommends remedial or rehabilitative treatment or
education, neither the treatment nor the education shall be the
sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment
recommendations contained in the professional evaluation.
Programs conducting alcohol or other drug evaluation or
remedial education must be licensed by the Department of Human
Services. If the individual is not a resident of Illinois,
however, the court may accept an alcohol or other drug
evaluation or remedial education program in the individual's
state of residence. Programs providing treatment must be
licensed under existing applicable alcoholism and drug
treatment licensure standards.
    (m) In addition to any other fine or penalty required by
law, an individual convicted of a violation of subsection (a),
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision, whose operation of a motor vehicle,
snowmobile, or watercraft while in violation of subsection (a),
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision proximately caused an incident resulting in
an appropriate emergency response, shall be required to make
restitution to a public agency for the costs of that emergency
response. The restitution may not exceed $1,000 per public
agency for each emergency response. As used in this subsection
(m), "emergency response" means any incident requiring a
response by a police officer, a firefighter carried on the
rolls of a regularly constituted fire department, or an
ambulance.
(Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01;
92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02;
92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff.
7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800,
eff. 1-1-05; 93-840, eff. 7-30-04; revised 10-21-04.)
 
    Section 99. Effective date. This Act takes effect January
1, 2005.

Effective Date: 03/29/2005