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Public Act 92-0248
SB823 Enrolled LRB9204849RCdvA
AN ACT in relation to driving under the influence of
alcohol and drugs.
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 Sections 6-205, 6-208.1, 6-208.2, and 11-501 as
follows:
(625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license or permit of any
driver upon receiving a report of the driver's conviction of
any of the following offenses:
1. Reckless homicide resulting from the operation
of a motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code
relating to the offense of leaving the scene of a traffic
accident involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of
Section 11-503 of this Code relating to the offense of
reckless driving committed within a period of 12 months;
7. Conviction of the offense of automobile theft as
defined in Section 4-102 of this Code;
8. Violation of Section 11-504 of this Code
relating to the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code
of 1961 arising from the use of a motor vehicle;
11. Violation of Section 11-204.1 of this Code
relating to aggravated fleeing or attempting to elude a
police officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation
of that Section or a similar provision of a local
ordinance and the driver was less than 21 years of age at
the time of the offense.
(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided
for in Section 5-901 of the Juvenile Court Act of 1987
that the minor has been adjudicated under that Act as
having committed an offense relating to motor vehicles
prescribed in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit.
(c) Whenever a person is convicted of any of the
offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard
to whether the recommendation is made by the court, may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment
or within the scope of the petitioner's employment related
duties, or to allow transportation for the petitioner or a
household member of the petitioner's family for the receipt
of necessary medical care or, if the professional evaluation
indicates, provide transportation for the petitioner for
alcohol remedial or rehabilitative activity, or for the
petitioner to attend classes, as a student, in an accredited
educational institution; if the petitioner is able to
demonstrate that no alternative means of transportation is
reasonably available and the petitioner will not endanger the
public safety or welfare; provided that the Secretary's
discretion shall be limited to cases where undue hardship
would result from a failure to issue the restricted driving
permit. In each case the Secretary of State may issue a
restricted driving permit for a period he deems appropriate,
except that the permit shall expire within one year from the
date of issuance. A restricted driving permit issued under
this Section shall be subject to cancellation, revocation,
and suspension by the Secretary of State in like manner and
for like cause as a driver's license issued under this Code
may be cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be deemed
sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit. The Secretary of
State may, as a condition to the issuance of a restricted
driving permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. The
Secretary of State is authorized to cancel a restricted
driving permit if the permit holder does not successfully
complete the program. However, if an individual's driving
privileges have been revoked in accordance with paragraph 13
of subsection (a) of this Section, no restricted driving
permit shall be issued until the individual has served 6
months of the revocation period.
(d) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance, the Secretary of State shall revoke the
driving privileges of that person. One year after the date
of revocation, and upon application, the Secretary of State
may, if satisfied that the person applying will not endanger
the public safety or welfare, issue a restricted driving
permit granting the privilege of driving a motor vehicle only
between the hours of 5 a.m. and 9 p.m. or as otherwise
provided by this Section for a period of one year. After
this one year period, and upon reapplication for a license as
provided in Section 6-106, upon payment of the appropriate
reinstatement fee provided under paragraph (b) of Section
6-118, the Secretary of State, in his discretion, may issue
the applicant a license, or extend the restricted driving
permit as many times as the Secretary of State deems
appropriate, by additional periods of not more than 12 months
each, until the applicant attains 21 years of age. A
restricted driving permit issued under this Section shall be
subject to cancellation, revocation, and suspension by the
Secretary of State in like manner and for like cause as a
driver's license issued under this Code may be cancelled,
revoked, or suspended; except that a conviction upon one or
more offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for the
revocation, suspension, or cancellation of a restricted
driving permit. Any person under 21 years of age who has a
driver's license revoked for a second or subsequent
conviction for driving under the influence, prior to the age
of 21, shall not be eligible to submit an application for a
full reinstatement of driving privileges or a restricted
driving permit until age 21 or one additional year from the
date of the latest such revocation, whichever is the longer.
The revocation periods contained in this subparagraph shall
apply to similar out-of-state convictions.
(e) This Section is subject to the provisions of the
Driver License Compact.
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a
like period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
(h) The Secretary of State shall require the may use of
ignition interlock devices on all vehicles owned by an
individual device requirements when granting driving relief
to individuals who has have been convicted of arrested for a
second or subsequent offense under Section 11-501 of this
Code 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.
(i) The Secretary of State may not issue a restricted
driving permit for a period of one year after a second or
subsequent revocation of driving privileges under clause
(a)(2) of this Section; however, one year after the date of a
second or subsequent revocation of driving privileges under
clause (a)(2) of this Section, the Secretary of State may,
upon application, issue a restricted driving permit under the
terms and conditions of subsection (c).
(Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99;
90-611, eff. 1-1-99; 90-779, eff. 1-1-99; 91-357, eff.
7-29-99.)
(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
Sec. 6-208.1. Period of statutory summary alcohol, other
drug, or intoxicating compound related suspension.
(a) Unless the statutory summary suspension has been
rescinded, any person whose privilege to drive a motor
vehicle on the public highways has been summarily suspended,
pursuant to Section 11-501.1, shall not be eligible for
restoration of the privilege until the expiration of:
1. Six months from the effective date of the
statutory summary suspension for a refusal or failure to
complete a test or tests to determine the alcohol, drug,
or intoxicating compound concentration, pursuant to
Section 11-501.1; or
2. Three months from the effective date of the
statutory summary suspension imposed following the
person's submission to a chemical test which disclosed an
alcohol concentration of 0.08 or more, or any amount of a
drug, substance, or intoxicating compound in such
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, pursuant to Section 11-501.1; or
3. Three years from the effective date of the
statutory summary suspension for any person other than a
first offender who refuses or fails to complete a test or
tests to determine the alcohol, drug, or intoxicating
compound concentration pursuant to Section 11-501.1; or
4. One year from the effective date of the summary
suspension imposed for any person other than a first
offender following submission to a chemical test which
disclosed an alcohol concentration of 0.08 or more
pursuant to Section 11-501.1 or any amount of a drug,
substance or compound in such person's 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) Following a statutory summary suspension of the
privilege to drive a motor vehicle under Section 11-501.1,
full driving privileges shall be restored unless the person
is otherwise disqualified by this Code. If the court has
reason to believe that the person's driving privilege should
not be restored, the court shall notify the Secretary of
State prior to the expiration of the statutory summary
suspension so appropriate action may be taken pursuant to
this Code.
(c) Full driving privileges may not be restored until
all applicable reinstatement fees, as provided by this Code,
have been paid to the Secretary of State and the appropriate
entry made to the driver's record.
(d) Where a driving privilege has been summarily
suspended under Section 11-501.1 and the person is
subsequently convicted of violating Section 11-501, or a
similar provision of a local ordinance, for the same
incident, any period served on statutory summary suspension
shall be credited toward the minimum period of revocation of
driving privileges imposed pursuant to Section 6-205.
(e) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1, for a first
offender, the circuit court may, after at least 30 days from
the effective date of the statutory summary suspension, issue
a judicial driving permit as provided in Section 6-206.1.
(f) Subsequent to an arrest of a first offender, for any
offense as defined in Section 11-501 or a similar provision
of a local ordinance, following a statutory summary
suspension of driving privileges pursuant to Section
11-501.1, for a first offender, the circuit court may issue a
court order directing the Secretary of State to issue a
judicial driving permit as provided in Section 6-206.1.
However, this JDP shall not be effective prior to the 31st
day of the statutory summary suspension.
(g) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1 where the person was
not a first offender, as defined in Section 11-500 and such
person refused or failed to complete a test or tests to
determine the alcohol, drug, or intoxicating compound
concentration pursuant to Section 11-501.1, the Secretary of
State may not issue a restricted driving permit if at least 2
years have elapsed since the effective date of the statutory
summary suspension.
(h) (Blank). Following a statutory summary suspension of
driving privileges pursuant to Section 11-501.1 where the
person was not a first offender as defined in Section 11-500
and such person submitted to a chemical test which disclosed
an alcohol concentration of 0.08 or more pursuant to Section
11-501.1, the Secretary of State may, after at least 90 days
from the effective date of the statutory summary suspension,
issue a restricted driving permit.
(Source: P.A. 90-43, eff. 7-2-97; 90-738, eff. 1-1-99;
90-779, eff. 1-1-99; 91-357, eff. 7-29-99.)
(625 ILCS 5/6-208.2)
Sec. 6-208.2. Restoration of driving privileges; persons
under age 21.
(a) Unless the suspension based upon consumption of
alcohol by a minor or refusal to submit to testing has been
rescinded by the Secretary of State in accordance with item
(c)(3) of Section 6-206 of this Code, a person whose
privilege to drive a motor vehicle on the public highways has
been suspended under Section 11-501.8 is not eligible for
restoration of the privilege until the expiration of:
1. Six months from the effective date of the
suspension for a refusal or failure to complete a test or
tests to determine the alcohol concentration under
Section 11-501.8;
2. Three months from the effective date of the
suspension imposed following the person's submission to a
chemical test which disclosed an alcohol concentration
greater than 0.00 under Section 11-501.8;
3. Two years from the effective date of the
suspension for a person who has been previously suspended
under Section 11-501.8 and who refuses or fails to
complete a test or tests to determine the alcohol
concentration under Section 11-501.8; or
4. One year from the effective date of the
suspension imposed for a person who has been previously
suspended under Section 11-501.8 following submission to
a chemical test that disclosed an alcohol concentration
greater than 0.00 under Section 11-501.8.
(b) Following a suspension of the privilege to drive a
motor vehicle under Section 11-501.8, full driving privileges
shall be restored unless the person is otherwise disqualified
by this Code.
(c) Full driving privileges may not be restored until
all applicable reinstatement fees, as provided by this Code,
have been paid to the Secretary of State and the appropriate
entry made to the driver's record. The Secretary of State may
also, as a condition of the reissuance of a driver's license
or permit to an individual under the age of 18 years whose
driving privileges have been suspended pursuant to Section
11-501.8, require the applicant to participate in a driver
remedial education course and be retested under Section
6-109.
(d) Where a driving privilege has been suspended under
Section 11-501.8 and the person is subsequently convicted of
violating Section 11-501, or a similar provision of a local
ordinance, for the same incident, any period served on that
suspension shall be credited toward the minimum period of
revocation of driving privileges imposed under Section 6-205.
(e) Following a suspension of driving privileges under
Section 11-501.8 for a person who has not had his or her
driving privileges previously suspended under that Section,
the Secretary of State may issue a restricted driving permit
after at least 30 days from the effective date of the
suspension.
(f) Following a second or subsequent suspension of
driving privileges under Section 11-501.8 that is based upon
the person having refused or failed to complete a test or
tests to determine the alcohol concentration under Section
11-501.8, the Secretary of State may issue a restricted
driving permit after at least 12 6 months from the effective
date of the suspension.
(g) (Blank). Following a second or subsequent suspension
of driving privileges under Section 11-501.8 that is based
upon the person having submitted to a chemical test that
disclosed an alcohol concentration greater than 0.00 under
Section 11-501.8, the Secretary of State may issue a
restricted driving permit after at least 90 days from the
effective date of the suspension.
(h) Any restricted driving permit considered under this
Section is subject to the provisions of item (e) of Section
11-501.8.
(Source: P.A. 90-774, eff. 8-14-98.)
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds or any combination thereof.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood
or breath is 0.08 or more based on the definition of
blood and breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating
compound or combination of intoxicating compounds to a
degree that renders the person incapable of driving
safely;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(5) under the combined influence of alcohol, other
drug or drugs, or intoxicating compound or compounds to a
degree that renders the person incapable of safely
driving; or
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, or urine
resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances
Act, or an intoxicating compound listed in the Use of
Intoxicating Compounds Act.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, or intoxicating compound or compounds, or any
combination thereof, shall not constitute a defense against
any charge of violating this Section.
(c) Except as provided under paragraphs (c-3) and (d) of
this Section, every person convicted of violating this
Section or a similar provision of a local ordinance, shall be
guilty of a Class A misdemeanor and, in addition to any other
criminal or administrative action, for any second conviction
of violating this Section or a similar provision of a law of
another state or local ordinance committed within 5 years of
a previous violation of this Section or a similar provision
of a local ordinance shall be mandatorily sentenced to a
minimum of 5 days 48 consecutive hours of imprisonment or
assigned to a minimum of 30 days 100 hours of community
service as may be determined by the court. Every person
convicted of violating this Section or a similar provision of
a local ordinance shall be subject to an additional a
mandatory minimum fine of $500 and an additional a mandatory
5 days of community service in a program benefiting children
if the person committed a violation of paragraph (a) or a
similar provision of a local ordinance while transporting a
person under age 16. Every person convicted a second time
for violating this Section or a similar provision of a local
ordinance within 5 years of a previous violation of this
Section or a similar provision of a law of another state or
local ordinance shall be subject to an additional a mandatory
minimum fine of $500 and an additional 10 days of mandatory
community service in a program benefiting children if the
current offense was committed while transporting a person
under age 16. The imprisonment or assignment under this
subsection shall not be subject to suspension nor shall the
person be eligible for probation in order to reduce the
sentence or assignment.
(c-1) (1) A person who violates this Section during a
period in which his or her driving privileges are revoked
or suspended, where the revocation or suspension was for
a violation of this Section, Section 11-501.1, paragraph
(b) of Section 11-401, or Section 9-3 of the Criminal
Code of 1961 is guilty of a Class 4 felony.
(2) A person who violates this Section a third time
during a period in which his or her driving privileges
are revoked or suspended where the revocation or
suspension was for a violation of this Section, Section
11-501.1, paragraph (b) of Section 11-401, or Section 9-3
of the Criminal Code of 1961 is guilty of a Class 3
felony.
(3) A person who violates this Section a fourth or
subsequent time during a period in which his or her
driving privileges are revoked or suspended where the
revocation or suspension was for a violation of this
Section, Section 11-501.1, paragraph (b) of Section
11-401, or Section 9-3 of the Criminal Code of 1961 is
guilty of a Class 2 felony.
(c-2) (Blank).
(c-3) Every person convicted of violating this Section
or a similar provision of a local ordinance who had a child
under age 16 in the vehicle at the time of the offense shall
have his or her punishment under this Act enhanced by 2 days
of imprisonment for a first offense, 10 days of imprisonment
for a second offense, 30 days of imprisonment for a third
offense, and 90 days of imprisonment for a fourth or
subsequent offense, in addition to the fine and community
service required under subsection (c) and the possible
imprisonment required under subsection (d). The imprisonment
or assignment under this subsection shall not be subject to
suspension nor shall the person be eligible for probation in
order to reduce the sentence or assignment.
(d) (1) Every person convicted of committing a violation
of this Section shall be guilty of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof if:
(A) the person committed a violation of this
Section, or a similar provision of a law of another state
or a local ordinance when the cause of action is the same
as or substantially similar to this Section, for the
third or subsequent time;
(B) the person committed a violation of paragraph
(a) while driving a school bus with children on board;
(C) the person in committing a violation of
paragraph (a) was involved in a motor vehicle accident
that resulted in great bodily harm or permanent
disability or disfigurement to another, when the
violation was a proximate cause of the injuries; or
(D) the person committed a violation of paragraph
(a) for a second time and has been previously convicted
of violating Section 9-3 of the Criminal Code of 1961
relating to reckless homicide in which the person was
determined to have been under the influence of alcohol,
other drug or drugs, or intoxicating compound or
compounds as an element of the offense or the person has
previously been convicted under subparagraph (C) of this
paragraph (1).
(2) Aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds,
or any combination thereof is a Class 4 felony for which a
person, if sentenced to a term of imprisonment, shall be
sentenced to not less than one year and not more than 3 years
for a violation of subparagraph (A), (B) or (D) of paragraph
(1) of this subsection (d) and not less than one year and not
more than 12 years for a violation of subparagraph (C) of
paragraph (1) of this subsection (d). For any prosecution
under this subsection (d), a certified copy of the driving
abstract of the defendant shall be admitted as proof of any
prior conviction.
(e) After a finding of guilt and prior to any final
sentencing, or an order for supervision, for an offense based
upon an arrest for a violation of this Section or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol, drug, or intoxicating compound abuse problem exists
and the extent of the problem, 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.
(f) Every person found guilty of violating this Section,
whose operation of a motor vehicle while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the
expense of an emergency response as provided under Section
5-5-3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving
privileges of any person convicted under this Section or a
similar provision of a local ordinance.
(h) Every person sentenced under paragraph (2) or (3) of
subsection (c-1) of this Section or subsection (d) of this
Section and who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
60 30 days community service or 10 days, beginning July 1,
1993, 48 consecutive hours of imprisonment as a condition of
the probation or conditional discharge. This mandatory
minimum term of imprisonment or assignment of community
service shall not be suspended and shall not be subject to
reduction by the court.
(i) The Secretary of State shall require the use of may
use ignition interlock devices on all vehicles owned by an
individual device requirements when granting driving relief
to individuals who has have been convicted of arrested for a
second or subsequent offense of this Section or a similar
provision of a local ordinance. The Secretary shall
establish by rule and regulation the procedures for
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
this Section, including any person placed on court
supervision for violating this Section, shall be fined $100,
payable to the circuit clerk, who shall distribute the money
to the law enforcement agency that made the arrest. In the
event that more than one agency is responsible for the
arrest, the $100 shall be shared equally. Any moneys
received by a law enforcement agency under this subsection
(j) shall be used to purchase law enforcement equipment that
will assist in the prevention of alcohol related criminal
violence throughout the State. This shall include, but is
not limited to, in-car video cameras, radar and laser speed
detection devices, and alcohol breath testers. Any moneys
received by the Department of State Police under this
subsection (j) shall be deposited into the State Police DUI
Fund and shall be used to purchase law enforcement equipment
that will assist in the prevention of alcohol related
criminal violence throughout the State.
(Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.)
Section 10. The Unified Code of Corrections is amended
by changing Section 5-5-3 as follows:
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) Every person convicted of an offense shall be
sentenced as provided in this Section.
(b) The following options shall be appropriate
dispositions, alone or in combination, for all felonies and
misdemeanors other than those identified in subsection (c) of
this Section:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) An order directing the offender to clean up and
repair the damage, if the offender was convicted under
paragraph (h) of Section 21-1 of the Criminal Code of
1961.
(6) A fine.
(7) An order directing the offender to make
restitution to the victim under Section 5-5-6 of this
Code.
(8) A sentence of participation in a county impact
incarceration program under Section 5-8-1.2 of this Code.
Whenever an individual is sentenced for an offense based
upon an arrest for a violation of Section 11-501 of the
Illinois Vehicle Code, 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. However, if
the individual is not a resident of Illinois, the court may
accept an alcohol or other drug evaluation or remedial
education program in the state of such individual's
residence. Programs providing treatment must be licensed
under existing applicable alcoholism and drug treatment
licensure standards.
In addition to any other fine or penalty required by law,
any individual convicted of a violation of Section 11-501 of
the Illinois Vehicle Code or a similar provision of local
ordinance, whose operation of a motor vehicle while in
violation of Section 11-501 or such ordinance 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. Such
restitution shall not exceed $500 per public agency for each
such emergency response. For the purpose of this paragraph,
emergency response shall mean any incident requiring a
response by: a police officer as defined under Section 1-162
of the Illinois Vehicle Code; a fireman carried on the rolls
of a regularly constituted fire department; and an ambulance
as defined under Section 4.05 of the Emergency Medical
Services (EMS) Systems Act.
Neither a fine nor restitution shall be the sole
disposition for a felony and either or both may be imposed
only in conjunction with another disposition.
(c) (1) When a defendant is found guilty of first degree
murder the State may either seek a sentence of
imprisonment under Section 5-8-1 of this Code, or where
appropriate seek a sentence of death under Section 9-1 of
the Criminal Code of 1961.
(2) A period of probation, a term of periodic
imprisonment or conditional discharge shall not be
imposed for the following offenses. The court shall
sentence the offender to not less than the minimum term
of imprisonment set forth in this Code for the following
offenses, and may order a fine or restitution or both in
conjunction with such term of imprisonment:
(A) First degree murder where the death
penalty is not imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation
of subdivision (c)(2) of Section 401 of that Act
which relates to more than 5 grams of a substance
containing cocaine or an analog thereof.
(E) A violation of Section 5.1 or 9 of the
Cannabis Control Act.
(F) A Class 2 or greater felony if the
offender had been convicted of a Class 2 or greater
felony within 10 years of the date on which the
offender committed the offense for which he or she
is being sentenced, except as otherwise provided in
Section 40-10 of the Alcoholism and Other Drug Abuse
and Dependency Act.
(G) Residential burglary, except as otherwise
provided in Section 40-10 of the Alcoholism and
Other Drug Abuse and Dependency Act.
(H) Criminal sexual assault, except as
otherwise provided in subsection (e) of this
Section.
(I) Aggravated battery of a senior citizen.
(J) A forcible felony if the offense was
related to the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of
5 or more persons, with an established hierarchy,
that encourages members of the association to
perpetrate crimes or provides support to the members
of the association who do commit crimes.
Beginning July 1, 1994, for the purposes of
this paragraph, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the
offense of hate crime when the underlying offense
upon which the hate crime is based is felony
aggravated assault or felony mob action.
(M) A second or subsequent conviction for the
offense of institutional vandalism if the damage to
the property exceeds $300.
(N) A Class 3 felony violation of paragraph
(1) of subsection (a) of Section 2 of the Firearm
Owners Identification Card Act.
(O) A violation of Section 12-6.1 of the
Criminal Code of 1961.
(P) A violation of paragraph (1), (2), (3),
(4), (5), or (7) of subsection (a) of Section
11-20.1 of the Criminal Code of 1961.
(Q) A violation of Section 20-1.2 of the
Criminal Code of 1961.
(R) A violation of Section 24-3A of the
Criminal Code of 1961.
(3) A minimum term of imprisonment of not less than
5 days 48 consecutive hours or 30 days 100 hours of
community service as may be determined by the court shall
be imposed for a second or subsequent violation committed
within 5 years of a previous violation of Section 11-501
of the Illinois Vehicle Code or a similar provision of a
local ordinance. In the case of a third or subsequent
violation committed within 5 years of a previous
violation of Section 11-501 of the Illinois Vehicle Code
or a similar provision of a local ordinance, a minimum
term of either 10 days of imprisonment or 60 days of
community service shall be imposed.
(4) A minimum term of imprisonment of not less than
7 consecutive days or 30 days of community service shall
be imposed for a violation of paragraph (c) of Section
6-303 of the Illinois Vehicle Code.
(4.1) A 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, shall be imposed for a violation of Section
11-501 of the Illinois Vehicle Code during a period in
which the defendant's driving privileges are revoked or
suspended, where the revocation or suspension was for a
violation of Section 11-501 or Section 11-501.1 of that
Code.
(5) The court may sentence an offender convicted of
a business offense or a petty offense or a corporation or
unincorporated association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under
Section 5-5-6 of this Code.
(6) In no case shall an offender be eligible for a
disposition of probation or conditional discharge for a
Class 1 felony committed while he was serving a term of
probation or conditional discharge for a felony.
(7) When a defendant is adjudged a habitual
criminal under Article 33B of the Criminal Code of 1961,
the court shall sentence the defendant to a term of
natural life imprisonment.
(8) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, after having
twice been convicted of any Class 2 or greater Class
felonies in Illinois, and such charges are separately
brought and tried and arise out of different series of
acts, such defendant shall be sentenced as a Class X
offender. This paragraph shall not apply unless (1) the
first felony was committed after the effective date of
this amendatory Act of 1977; and (2) the second felony
was committed after conviction on the first; and (3) the
third felony was committed after conviction on the
second.
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced
to a term of natural life imprisonment.
(d) In any case in which a sentence originally imposed
is vacated, the case shall be remanded to the trial court.
The trial court shall hold a hearing under Section 5-4-1 of
the Unified Code of Corrections which may include evidence of
the defendant's life, moral character and occupation during
the time since the original sentence was passed. The trial
court shall then impose sentence upon the defendant. The
trial court may impose any sentence which could have been
imposed at the original trial subject to Section 5-5-4 of the
Unified Code of Corrections.
(e) In cases where prosecution for criminal sexual
assault or aggravated criminal sexual abuse under Section
12-13 or 12-16 of the Criminal Code of 1961 results in
conviction of a defendant who was a family member of the
victim at the time of the commission of the offense, the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are
appropriate:
(A) the defendant is willing to undergo a
court approved counseling program for a minimum
duration of 2 years; or
(B) the defendant is willing to participate in
a court approved plan including but not limited to
the defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the
victim; and
(v) compliance with any other measures
that the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the
court finds, after considering the defendant's income and
assets, that the defendant is financially capable of
paying for such services, if the victim was under 18
years of age at the time the offense was committed and
requires counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members
or commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
12-12 of the Criminal Code of 1961.
(f) This Article shall not deprive a court in other
proceedings to order a forfeiture of property, to suspend or
cancel a license, to remove a person from office, or to
impose any other civil penalty.
(g) Whenever a defendant is convicted of an offense
under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961, the defendant
shall undergo medical testing to determine whether the
defendant has any sexually transmissible disease, including a
test for infection with human immunodeficiency virus (HIV) or
any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Any such medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily
fluids as well as an examination of the defendant's person.
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the
conviction was entered for the judge's inspection in camera.
Acting in accordance with the best interests of the victim
and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may
be revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested
by the victim, and if the victim is under the age of 15 and
if requested by the victim's parents or legal guardian, the
court shall notify the victim's parents or legal guardian of
the test results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results
of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when
possible. A State's Attorney may petition the court to obtain
the results of any HIV test administered under this Section,
and the court shall grant the disclosure if the State's
Attorney shows it is relevant in order to prosecute a charge
of criminal transmission of HIV under Section 12-16.2 of the
Criminal Code of 1961 against the defendant. The court shall
order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted
defendant.
(g-5) When an inmate is tested for an airborne
communicable disease, as determined by the Illinois
Department of Public Health including but not limited to
tuberculosis, the results of the test shall be personally
delivered by the warden or his or her designee in a sealed
envelope to the judge of the court in which the inmate must
appear for the judge's inspection in camera if requested by
the judge. Acting in accordance with the best interests of
those in the courtroom, the judge shall have the discretion
to determine what if any precautions need to be taken to
prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense
under Section 1 or 2 of the Hypodermic Syringes and Needles
Act, the defendant shall undergo medical testing to determine
whether the defendant has been exposed to human
immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the judge of the court in which the
conviction was entered for the judge's inspection in camera.
Acting in accordance with the best interests of the public,
the judge shall have the discretion to determine to whom, if
anyone, the results of the testing may be revealed. The court
shall notify the defendant of a positive test showing an
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing
are revealed and shall direct the State's Attorney to provide
the information to the victim when possible. A State's
Attorney may petition the court to obtain the results of any
HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it
is relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-16.2 of the Criminal
Code of 1961 against the defendant. The court shall order
that the cost of any such test shall be paid by the county
and may be taxed as costs against the convicted defendant.
(i) All fines and penalties imposed under this Section
for any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of
Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961, any violation of the
Illinois Controlled Substances Act, or any violation of the
Cannabis Control Act results in conviction, a disposition of
court supervision, or an order of probation granted under
Section 10 of the Cannabis Control Act or Section 410 of the
Illinois Controlled Substance Act of a defendant, the court
shall determine whether the defendant is employed by a
facility or center as defined under the Child Care Act of
1969, a public or private elementary or secondary school, or
otherwise works with children under 18 years of age on a
daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the
judgment of conviction or order of supervision or probation
to the defendant's employer by certified mail. If the
employer of the defendant is a school, the Clerk of the Court
shall direct the mailing of a copy of the judgment of
conviction or order of supervision or probation to the
appropriate regional superintendent of schools. The regional
superintendent of schools shall notify the State Board of
Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is
convicted of a felony and who has not been previously
convicted of a misdemeanor or felony and who is sentenced to
a term of imprisonment in the Illinois Department of
Corrections shall as a condition of his or her sentence be
required by the court to attend educational courses designed
to prepare the defendant for a high school diploma and to
work toward a high school diploma or to work toward passing
the high school level Test of General Educational Development
(GED) or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of the GED test. The Prisoner Review
Board shall revoke the mandatory supervised release of a
defendant who wilfully fails to comply with this subsection
(j-5) upon his or her release from confinement in a penal
institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the
defendant whose mandatory supervised release term has been
revoked under this subsection (j-5) as provided in Section
3-3-9. This subsection (j-5) does not apply to a defendant
who has a high school diploma or has successfully passed the
GED test. This subsection (j-5) does not apply to a defendant
who is determined by the court to be developmentally disabled
or otherwise mentally incapable of completing the educational
or vocational program.
(k) A court may not impose a sentence or disposition for
a felony or misdemeanor that requires the defendant to be
implanted or injected with or to use any form of birth
control.
(l) (A) Except as provided in paragraph (C) of
subsection (l), whenever a defendant, who is an alien as
defined by the Immigration and Nationality Act, is
convicted of any felony or misdemeanor offense, the court
after sentencing the defendant may, upon motion of the
State's Attorney, hold sentence in abeyance and remand
the defendant to the custody of the Attorney General of
the United States or his or her designated agent to be
deported when:
(1) a final order of deportation has been
issued against the defendant pursuant to proceedings
under the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of
justice.
Otherwise, the defendant shall be sentenced as
provided in this Chapter V.
(B) If the defendant has already been sentenced for
a felony or misdemeanor offense, or has been placed on
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act,
the court may, upon motion of the State's Attorney to
suspend the sentence imposed, commit the defendant to the
custody of the Attorney General of the United States or
his or her designated agent when:
(1) a final order of deportation has been
issued against the defendant pursuant to proceedings
under the Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct
and would not be inconsistent with the ends of
justice.
(C) This subsection (l) does not apply to offenders
who are subject to the provisions of paragraph (2) of
subsection (a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a
defendant sentenced under this Section returns to the
jurisdiction of the United States, the defendant shall be
recommitted to the custody of the county from which he or
she was sentenced. Thereafter, the defendant shall be
brought before the sentencing court, which may impose any
sentence that was available under Section 5-5-3 at the
time of initial sentencing. In addition, the defendant
shall not be eligible for additional good conduct credit
for meritorious service as provided under Section 3-6-6.
(m) A person convicted of criminal defacement of
property under Section 21-1.3 of the Criminal Code of 1961,
in which the property damage exceeds $300 and the property
damaged is a school building, shall be ordered to perform
community service that may include cleanup, removal, or
painting over the defacement.
(Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff.
12-22-99; 91-695, eff. 4-13-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 10, 2001.
Approved August 03, 2001.
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