Illinois General Assembly - Full Text of HB1238
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Full Text of HB1238  93rd General Assembly

HB1238 93rd General Assembly


093_HB1238

 
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 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing 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
 8    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
 9    compounds or any combination thereof.
10        (a)  A  person  shall  not drive or be in actual physical
11    control of any vehicle within this State while:
12             (1)  the alcohol concentration in the person's blood
13        or breath is 0.08 or more  based  on  the  definition  of
14        blood and breath units in Section 11-501.2;
15             (2)  under the influence of alcohol;
16             (3)  under   the   influence   of  any  intoxicating
17        compound or combination of intoxicating  compounds  to  a
18        degree  that  renders  the  person  incapable  of driving
19        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
24        drug or drugs, or intoxicating compound or compounds to a
25        degree  that  renders  the  person  incapable  of  safely
26        driving; or
27             (6)  there is any amount of a  drug,  substance,  or
28        compound   in   the  person's  breath,  blood,  or  urine
29        resulting  from  the  unlawful  use  or  consumption   of
30        cannabis listed in the Cannabis Control Act, a controlled
31        substance  listed  in  the Illinois Controlled Substances
 
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 1        Act, or an intoxicating compound listed  in  the  Use  of
 2        Intoxicating Compounds Act.
 3        (b)  The fact that any person charged with violating this
 4    Section is or has been legally entitled to use alcohol, other
 5    drug  or drugs, or intoxicating compound or compounds, or any
 6    combination thereof,  shall not constitute a defense  against
 7    any charge of violating this Section.
 8        (c)  Except  as  provided  under paragraphs (c-3), (c-4),
 9    and (d) of this Section, every person convicted of  violating
10    this  Section  or  a  similar provision of a local ordinance,
11    shall be guilty of a Class A misdemeanor and, in addition  to
12    any  other  criminal or administrative action, for any second
13    conviction of violating this Section or a  similar  provision
14    of a law of another state or local ordinance committed within
15    5  years of a previous violation of this Section or a similar
16    provision of a local ordinance shall be mandatorily sentenced
17    to a minimum of 5 days  of  imprisonment  or  assigned  to  a
18    minimum  of 30 days of community service as may be determined
19    by the  court.  Every  person  convicted  of  violating  this
20    Section  or a similar provision of a local ordinance shall be
21    subject to an additional mandatory minimum fine of  $500  and
22    an  additional  mandatory  5  days  of community service in a
23    program  benefiting  children  if  the  person  committed   a
24    violation  of paragraph (a) or a similar provision of a local
25    ordinance while transporting a person under  age  16.   Every
26    person  convicted a second time for violating this Section or
27    a similar provision of a local ordinance within 5 years of  a
28    previous  violation of this Section or a similar provision of
29    a law of another state or local ordinance shall be subject to
30    an  additional  mandatory  minimum  fine  of  $500   and   an
31    additional  10  days  of  mandatory  community  service  in a
32    program  benefiting  children  if  the  current  offense  was
33    committed while transporting a  person  under  age  16.   The
34    imprisonment or assignment under this subsection shall not be
 
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 1    subject  to  suspension  nor shall the person be eligible for
 2    probation in order to reduce the sentence or assignment.
 3        (c-1) (1)  A person who violates this  Section  during  a
 4        period in which his or her driving privileges are revoked
 5        or  suspended, where the revocation or suspension was for
 6        a violation of this Section, Section 11-501.1,  paragraph
 7        (b)  of  Section  11-401,  or Section 9-3 of the Criminal
 8        Code of 1961 is guilty of a Class 4 felony.
 9             (2)  A person who violates this Section a third time
10        during a period in which his or  her  driving  privileges
11        are   revoked   or  suspended  where  the  revocation  or
12        suspension was for a violation of this  Section,  Section
13        11-501.1, paragraph (b) of Section 11-401, or Section 9-3
14        of  the  Criminal  Code  of  1961  is guilty of a Class 3
15        felony.
16             (3)  A person who violates this Section a fourth  or
17        subsequent  time  during  a  period  in  which his or her
18        driving privileges are revoked  or  suspended  where  the
19        revocation  or  suspension  was  for  a violation of this
20        Section,  Section  11-501.1,  paragraph  (b)  of  Section
21        11-401, or Section 9-3 of the Criminal Code  of  1961  is
22        guilty of a Class 2 felony.
23        (c-2)  (Blank).
24        (c-3)  Every  person  convicted of violating this Section
25    or a similar provision of a local ordinance who had  a  child
26    under  age 16 in the vehicle at the time of the offense shall
27    have his or her punishment under this Act enhanced by 2  days
28    of  imprisonment for a first offense, 10 days of imprisonment
29    for a second offense, 30 days of  imprisonment  for  a  third
30    offense,  and  90  days  of  imprisonment  for  a  fourth  or
31    subsequent  offense,  in  addition  to the fine and community
32    service  required  under  subsection  (c)  and  the  possible
33    imprisonment required under subsection (d).  The imprisonment
34    or assignment under this subsection shall not be  subject  to
 
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 1    suspension  nor shall the person be eligible for probation in
 2    order to reduce the sentence or assignment.
 3        (c-4)  When a person is convicted  of  violating  Section
 4    11-501  of  this  Code  or  a  similar  provision  of a local
 5    ordinance, the following penalties  apply  when  his  or  her
 6    blood,  breath,  or  urine  was  .16  or  more  based  on the
 7    definition of  blood,  breath,  or  urine  units  in  Section
 8    11-501.2  or  when that person is convicted of violating this
 9    Section while transporting a child under the age of 16:
10             (1)  A  person  who  is   convicted   of   violating
11        subsection  (a)  of  Section  11-501 of this Code a first
12        time, in addition  to  any  other  penalty  that  may  be
13        imposed  under  subsection (c), is subject to a mandatory
14        minimum of 100 hours of community service and  a  minimum
15        fine of $500.
16             (2)  A   person   who   is  convicted  of  violating
17        subsection (a) of Section 11-501 of this  Code  a  second
18        time  within  10  years, in addition to any other penalty
19        that may be imposed under subsection (c), is subject to a
20        mandatory minimum of 2 days of imprisonment and a minimum
21        fine of $1,250.
22             (3)  A  person  who  is   convicted   of   violating
23        subsection  (a)  of  Section  11-501 of this Code a third
24        time within 20 years is guilty of a Class 4  felony  and,
25        in  addition  to  any  other  penalty that may be imposed
26        under subsection (c), is subject to a  mandatory  minimum
27        of 90 days of imprisonment and a minimum fine of $2,500.
28             (4)  A  person  who  is  convicted of violating this
29        subsection (c-4) a fourth or subsequent time is guilty of
30        a Class 2 felony and, in addition to  any  other  penalty
31        that may be imposed under subsection (c), is not eligible
32        for  a sentence of probation or conditional discharge and
33        is subject to a minimum fine of $2,500.
34        (d) (1)  Every person convicted of committing a violation
 
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 1        of this Section shall be  guilty  of  aggravated  driving
 2        under  the  influence of alcohol, other drug or drugs, or
 3        intoxicating compound or compounds,  or  any  combination
 4        thereof if:
 5                  (A)  the  person  committed a violation of this
 6             Section, or a similar provision of a law of  another
 7             state  or a local ordinance when the cause of action
 8             is the same as  or  substantially  similar  to  this
 9             Section, for the third or subsequent time;
10                  (B)  the   person   committed  a  violation  of
11             paragraph  (a)  while  driving  a  school  bus  with
12             children on board;
13                  (C)  the person in committing  a  violation  of
14             paragraph  (a)  was  involved  in  a  motor  vehicle
15             accident  that  resulted  in  great  bodily  harm or
16             permanent disability or  disfigurement  to  another,
17             when  the  violation  was  a  proximate cause of the
18             injuries;
19                  (D)  the  person  committed  a   violation   of
20             paragraph  (a)  for  a  second  time  and  has  been
21             previously convicted of violating Section 9-3 of the
22             Criminal  Code of 1961 relating to reckless homicide
23             in which the person  was  determined  to  have  been
24             under the influence of alcohol, other drug or drugs,
25             or  intoxicating compound or compounds as an element
26             of the offense or the  person  has  previously  been
27             convicted  under  subparagraph (C) of this paragraph
28             (1); or
29                  (E)  the person, in committing a  violation  of
30             paragraph (a) while driving at any speed in a school
31             speed  zone at a time when a speed limit of 20 miles
32             per hour was  in  effect  under  subsection  (a)  of
33             Section 11-605 of this Code, was involved in a motor
34             vehicle accident that resulted in bodily harm, other
 
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 1             than  great  bodily  harm or permanent disability or
 2             disfigurement, to another person, when the violation
 3             of paragraph (a) was a proximate cause of the bodily
 4             harm.
 5             (2)  Aggravated  driving  under  the  influence   of
 6        alcohol, other drug or drugs, or intoxicating compound or
 7        compounds,  or  any  combination  thereof  is  a  Class 4
 8        felony.  For a violation of subparagraph (C) of paragraph
 9        (1) of this subsection (d), the defendant,  if  sentenced
10        to a term of imprisonment, shall be sentenced to not less
11        than   one   year  nor  more  than  12  years.   For  any
12        prosecution under this subsection (d), a  certified  copy
13        of  the  driving  abstract  of  the  defendant  shall  be
14        admitted as proof of any prior conviction.
15        (e)  After  a  finding  of  guilt  and prior to any final
16    sentencing, or an order for supervision, for an offense based
17    upon an arrest for a violation of this Section or  a  similar
18    provision of a local ordinance, individuals shall be required
19    to  undergo  a  professional  evaluation  to  determine if an
20    alcohol, drug, or intoxicating compound abuse problem  exists
21    and  the extent of the problem, and undergo the imposition of
22    treatment   as   appropriate.   Programs   conducting   these
23    evaluations shall be licensed  by  the  Department  of  Human
24    Services.   The  cost of any professional evaluation shall be
25    paid  for  by  the  individual  required   to   undergo   the
26    professional evaluation.
27        (e-1)  Any person who is found guilty of or pleads guilty
28    to  violating  this Section, including any person receiving a
29    disposition of court supervision for violating this  Section,
30    shall  be  required  by  the  Court to attend a victim impact
31    panel offered by, or under contract with,  a  County  State's
32    Attorney's office, a probation and court services department,
33    Mothers  Against  Drunk  Driving,  or  the  Alliance  Against
34    Intoxicated Motorists.
 
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 1        (f)  Every person found guilty of violating this Section,
 2    whose operation of a motor vehicle while in violation of this
 3    Section  proximately  caused  any  incident  resulting  in an
 4    appropriate emergency  response,  shall  be  liable  for  the
 5    expense  of  an  emergency response as provided under Section
 6    5-5-3 of the Unified Code of Corrections.
 7        (g)  The Secretary of  State  shall  revoke  the  driving
 8    privileges  of  any  person convicted under this Section or a
 9    similar provision of a local ordinance.
10        (h)  Every person sentenced under paragraph (2) or (3) of
11    subsection (c-1) of this Section or subsection  (d)  of  this
12    Section  and  who receives a term of probation or conditional
13    discharge shall be required to serve a minimum term of either
14    60 days community service or 10 days  of  imprisonment  as  a
15    condition  of  the  probation or conditional discharge.  This
16    mandatory minimum  term  of  imprisonment  or  assignment  of
17    community  service  shall  not  be suspended and shall not be
18    subject to reduction by the court.
19        (i)  The Secretary of State  shall  require  the  use  of
20    ignition  interlock  devices  on  all  vehicles  owned  by an
21    individual who has been convicted of a second  or  subsequent
22    offense  of  this  Section  or a similar provision of a local
23    ordinance.   The  Secretary  shall  establish  by  rule   and
24    regulation  the  procedures  for certification and use of the
25    interlock system.
26        (j)  In addition to any other penalties and  liabilities,
27    a person who is found guilty of or pleads guilty to violating
28    this   Section,   including   any   person  placed  on  court
29    supervision for violating this Section, shall be fined  $100,
30    payable  to the circuit clerk, who shall distribute the money
31    to the law enforcement agency that made the arrest.   If  the
32    person  has  been  previously  convicted  of  violating  this
33    Section or a similar provision of a local ordinance, the fine
34    shall  be  $200.   In  the event that more than one agency is
 
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 1    responsible for the arrest, the $100 or $200 shall be  shared
 2    equally.   Any  moneys  received  by a law enforcement agency
 3    under this subsection (j)  shall  be  used  to  purchase  law
 4    enforcement  equipment  that will assist in the prevention of
 5    alcohol related criminal violence throughout the State.  This
 6    shall include, but is not limited to, in-car  video  cameras,
 7    radar  and  laser speed detection devices, and alcohol breath
 8    testers. Any moneys  received  by  the  Department  of  State
 9    Police  under this subsection (j) shall be deposited into the
10    State Police DUI Fund and  shall  be  used  to  purchase  law
11    enforcement  equipment  that will assist in the prevention of
12    alcohol related criminal violence throughout the State.
13    (Source: P.A. 91-126, eff.  7-16-99;  91-357,  eff.  7-29-99;
14    91-692,  eff.  4-13-00;  91-822,  eff.  6-13-00; 92-248, eff.
15    8-3-01; 92-418, eff. 8-17-01; 92-420, eff.  8-17-01;  92-429,
16    eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)