Illinois General Assembly - Full Text of HB3019
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Full Text of HB3019  102nd General Assembly

HB3019eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-501 as follows:
 
6    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
7    Sec. 11-501. Driving while under the influence of alcohol,
8other drug or drugs, intoxicating compound or compounds or any
9combination thereof.
10    (a) A person shall not drive or be in actual physical
11control of any vehicle within this State while:
12        (1) the alcohol concentration in the person's blood,
13    other bodily substance, or breath is 0.08 or more based on
14    the definition of blood and breath units in Section
15    11-501.2;
16        (2) under the influence of alcohol;
17        (3) under the influence of any intoxicating compound
18    or combination of intoxicating compounds to a degree that
19    renders the person incapable of driving safely;
20        (4) under the influence of any other drug or
21    combination of drugs to a degree that renders the person
22    incapable of safely driving;
23        (5) under the combined influence of alcohol, other

 

 

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1    drug or drugs, or intoxicating compound or compounds to a
2    degree that renders the person incapable of safely
3    driving;
4        (6) there is any amount of a drug, substance, or
5    compound in the person's breath, blood, other bodily
6    substance, or urine resulting from the unlawful use or
7    consumption of a controlled substance listed in the
8    Illinois Controlled Substances Act, an intoxicating
9    compound listed in the Use of Intoxicating Compounds Act,
10    or methamphetamine as listed in the Methamphetamine
11    Control and Community Protection Act; or
12        (7) the person has, within 2 hours of driving or being
13    in actual physical control of a vehicle, a
14    tetrahydrocannabinol concentration in the person's whole
15    blood or other bodily substance as defined in paragraph 6
16    of subsection (a) of Section 11-501.2 of this Code.
17    Subject to all other requirements and provisions under
18    this Section, this paragraph (7) does not apply to the
19    lawful consumption of cannabis by a qualifying patient
20    licensed under the Compassionate Use of Medical Cannabis
21    Program Act who is in possession of a valid registry card
22    issued under that Act, unless that person is impaired by
23    the use of cannabis.
24    (b) The fact that any person charged with violating this
25Section is or has been legally entitled to use alcohol,
26cannabis under the Compassionate Use of Medical Cannabis

 

 

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1Program Act, other drug or drugs, or intoxicating compound or
2compounds, or any combination thereof, shall not constitute a
3defense against any charge of violating this Section.
4    (c) Penalties.
5        (1) Except as otherwise provided in this Section, any
6    person convicted of violating subsection (a) of this
7    Section is guilty of a Class A misdemeanor.
8        (2) A person who violates subsection (a) or a similar
9    provision a second time shall be sentenced to a mandatory
10    minimum term of either 5 days of imprisonment or 240 hours
11    of community service in addition to any other criminal or
12    administrative sanction.
13        (3) A person who violates subsection (a) is subject to
14    6 months of imprisonment, an additional mandatory minimum
15    fine of $1,000, and 25 days of community service in a
16    program benefiting children if the person was transporting
17    a person under the age of 16 at the time of the violation.
18        (4) A person who violates subsection (a) a first time,
19    if the alcohol concentration in his or her blood, breath,
20    other bodily substance, or urine was 0.16 or more based on
21    the definition of blood, breath, other bodily substance,
22    or urine units in Section 11-501.2, shall be subject, in
23    addition to any other penalty that may be imposed, to a
24    mandatory minimum of 100 hours of community service and a
25    mandatory minimum fine of $500.
26        (5) A person who violates subsection (a) a second

 

 

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1    time, if at the time of the second violation the alcohol
2    concentration in his or her blood, breath, other bodily
3    substance, or urine was 0.16 or more based on the
4    definition of blood, breath, other bodily substance, or
5    urine units in Section 11-501.2, shall be subject, in
6    addition to any other penalty that may be imposed, to a
7    mandatory minimum of 2 days of imprisonment and a
8    mandatory minimum fine of $1,250.
9    (d) Aggravated driving under the influence of alcohol,
10other drug or drugs, or intoxicating compound or compounds, or
11any combination thereof.
12        (1) Every person convicted of committing a violation
13    of this Section shall be guilty of aggravated driving
14    under the influence of alcohol, other drug or drugs, or
15    intoxicating compound or compounds, or any combination
16    thereof if:
17            (A) the person committed a violation of subsection
18        (a) or a similar provision for the third or subsequent
19        time;
20            (B) the person committed a violation of subsection
21        (a) while driving a school bus with one or more
22        passengers on board;
23            (C) the person in committing a violation of
24        subsection (a) was involved in a motor vehicle
25        accident that resulted in great bodily harm or
26        permanent disability or disfigurement to another, when

 

 

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1        the violation was a proximate cause of the injuries;
2            (D) the person committed a violation of subsection
3        (a) and has been previously convicted of violating
4        Section 9-3 of the Criminal Code of 1961 or the
5        Criminal Code of 2012 or a similar provision of a law
6        of another state relating to reckless homicide in
7        which the person was determined to have been under the
8        influence of alcohol, other drug or drugs, or
9        intoxicating compound or compounds as an element of
10        the offense or the person has previously been
11        convicted under subparagraph (C) or subparagraph (F)
12        of this paragraph (1);
13            (E) the person, in committing a violation of
14        subsection (a) while driving at any speed in a school
15        speed zone at a time when a speed limit of 20 miles per
16        hour was in effect under subsection (a) of Section
17        11-605 of this Code, was involved in a motor vehicle
18        accident that resulted in bodily harm, other than
19        great bodily harm or permanent disability or
20        disfigurement, to another person, when the violation
21        of subsection (a) was a proximate cause of the bodily
22        harm;
23            (F) the person, in committing a violation of
24        subsection (a), was involved in a motor vehicle,
25        snowmobile, all-terrain vehicle, or watercraft
26        accident that resulted in the death of another person,

 

 

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1        when the violation of subsection (a) was a proximate
2        cause of the death;
3            (G) the person committed a violation of subsection
4        (a) during a period in which the defendant's driving
5        privileges are revoked or suspended, where the
6        revocation or suspension was for a violation of
7        subsection (a) or a similar provision, Section
8        11-501.1, paragraph (b) of Section 11-401, or for
9        reckless homicide as defined in Section 9-3 of the
10        Criminal Code of 1961 or the Criminal Code of 2012;
11            (H) the person committed the violation while he or
12        she did not possess a driver's license or permit or a
13        restricted driving permit or a judicial driving permit
14        or a monitoring device driving permit;
15            (I) the person committed the violation while he or
16        she knew or should have known that the vehicle he or
17        she was driving was not covered by a liability
18        insurance policy;
19            (J) the person in committing a violation of
20        subsection (a) was involved in a motor vehicle
21        accident that resulted in bodily harm, but not great
22        bodily harm, to the child under the age of 16 being
23        transported by the person, if the violation was the
24        proximate cause of the injury;
25            (K) the person in committing a second violation of
26        subsection (a) or a similar provision was transporting

 

 

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1        a person under the age of 16; or
2            (L) the person committed a violation of subsection
3        (a) of this Section while transporting one or more
4        passengers in a vehicle for-hire; or .
5            (M) the person in committing a violation of
6        subsection (a) was involved in a motor vehicle
7        accident that resulted in the severe injury or death
8        of a police animal, service animal, accelerant
9        detection dog, or search and rescue dog.
10        (2)(A) Except as provided otherwise, a person
11    convicted of aggravated driving under the influence of
12    alcohol, other drug or drugs, or intoxicating compound or
13    compounds, or any combination thereof is guilty of a Class
14    4 felony.
15        (B) A third violation of this Section or a similar
16    provision is a Class 2 felony. If at the time of the third
17    violation the alcohol concentration in his or her blood,
18    breath, other bodily substance, or urine was 0.16 or more
19    based on the definition of blood, breath, other bodily
20    substance, or urine units in Section 11-501.2, a mandatory
21    minimum of 90 days of imprisonment and a mandatory minimum
22    fine of $2,500 shall be imposed in addition to any other
23    criminal or administrative sanction. If at the time of the
24    third violation, the defendant was transporting a person
25    under the age of 16, a mandatory fine of $25,000 and 25
26    days of community service in a program benefiting children

 

 

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1    shall be imposed in addition to any other criminal or
2    administrative sanction.
3        (C) A fourth violation of this Section or a similar
4    provision is a Class 2 felony, for which a sentence of
5    probation or conditional discharge may not be imposed. If
6    at the time of the violation, the alcohol concentration in
7    the defendant's blood, breath, other bodily substance, or
8    urine was 0.16 or more based on the definition of blood,
9    breath, other bodily substance, or urine units in Section
10    11-501.2, a mandatory minimum fine of $5,000 shall be
11    imposed in addition to any other criminal or
12    administrative sanction. If at the time of the fourth
13    violation, the defendant was transporting a person under
14    the age of 16 a mandatory fine of $25,000 and 25 days of
15    community service in a program benefiting children shall
16    be imposed in addition to any other criminal or
17    administrative sanction.
18        (D) A fifth violation of this Section or a similar
19    provision is a Class 1 felony, for which a sentence of
20    probation or conditional discharge may not be imposed. If
21    at the time of the violation, the alcohol concentration in
22    the defendant's blood, breath, other bodily substance, or
23    urine was 0.16 or more based on the definition of blood,
24    breath, other bodily substance, or urine units in Section
25    11-501.2, a mandatory minimum fine of $5,000 shall be
26    imposed in addition to any other criminal or

 

 

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1    administrative sanction. If at the time of the fifth
2    violation, the defendant was transporting a person under
3    the age of 16, a mandatory fine of $25,000, and 25 days of
4    community service in a program benefiting children shall
5    be imposed in addition to any other criminal or
6    administrative sanction.
7        (E) A sixth or subsequent violation of this Section or
8    similar provision is a Class X felony. If at the time of
9    the violation, the alcohol concentration in the
10    defendant's blood, breath, other bodily substance, or
11    urine was 0.16 or more based on the definition of blood,
12    breath, other bodily substance, or urine units in Section
13    11-501.2, a mandatory minimum fine of $5,000 shall be
14    imposed in addition to any other criminal or
15    administrative sanction. If at the time of the violation,
16    the defendant was transporting a person under the age of
17    16, a mandatory fine of $25,000 and 25 days of community
18    service in a program benefiting children shall be imposed
19    in addition to any other criminal or administrative
20    sanction.
21        (F) For a violation of subparagraph (C) of paragraph
22    (1) of this subsection (d), the defendant, if sentenced to
23    a term of imprisonment, shall be sentenced to not less
24    than one year nor more than 12 years.
25        (G) A violation of subparagraph (F) of paragraph (1)
26    of this subsection (d) is a Class 2 felony, for which the

 

 

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1    defendant, unless the court determines that extraordinary
2    circumstances exist and require probation, shall be
3    sentenced to: (i) a term of imprisonment of not less than 3
4    years and not more than 14 years if the violation resulted
5    in the death of one person; or (ii) a term of imprisonment
6    of not less than 6 years and not more than 28 years if the
7    violation resulted in the deaths of 2 or more persons.
8        (H) For a violation of subparagraph (J) of paragraph
9    (1) of this subsection (d), a mandatory fine of $2,500,
10    and 25 days of community service in a program benefiting
11    children shall be imposed in addition to any other
12    criminal or administrative sanction.
13        (I) A violation of subparagraph (K) of paragraph (1)
14    of this subsection (d), is a Class 2 felony and a mandatory
15    fine of $2,500, and 25 days of community service in a
16    program benefiting children shall be imposed in addition
17    to any other criminal or administrative sanction. If the
18    child being transported suffered bodily harm, but not
19    great bodily harm, in a motor vehicle accident, and the
20    violation was the proximate cause of that injury, a
21    mandatory fine of $5,000 and 25 days of community service
22    in a program benefiting children shall be imposed in
23    addition to any other criminal or administrative sanction.
24        (J) A violation of subparagraph (D) of paragraph (1)
25    of this subsection (d) is a Class 3 felony, for which a
26    sentence of probation or conditional discharge may not be

 

 

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1    imposed.
2        (3) Any person sentenced under this subsection (d) who
3    receives a term of probation or conditional discharge must
4    serve a minimum term of either 480 hours of community
5    service or 10 days of imprisonment as a condition of the
6    probation or conditional discharge in addition to any
7    other criminal or administrative sanction.
8    (e) Any reference to a prior violation of subsection (a)
9or a similar provision includes any violation of a provision
10of a local ordinance or a provision of a law of another state
11or an offense committed on a military installation that is
12similar to a violation of subsection (a) of this Section.
13    (f) The imposition of a mandatory term of imprisonment or
14assignment of community service for a violation of this
15Section shall not be suspended or reduced by the court.
16    (g) Any penalty imposed for driving with a license that
17has been revoked for a previous violation of subsection (a) of
18this Section shall be in addition to the penalty imposed for
19any subsequent violation of subsection (a).
20    (h) For any prosecution under this Section, a certified
21copy of the driving abstract of the defendant shall be
22admitted as proof of any prior conviction.
23(Source: P.A. 101-363, eff. 8-9-19.)