093_HB1450

 
                                     LRB093 03494 DRH 10921 b

 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    adding Section  1-142.1c  and  changing  Sections  6-208  and
 6    11-501 as follows:

 7        (625 ILCS 5/1-142.1c new)
 8        Sec. 1-142.1c.  Medical practitioner or medical examiner.
 9    Any  person licensed to practice medicine in all its branches
10    in the State of Illinois.

11        (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
12        Sec. 6-208.  Period of  Suspension  -  Application  After
13    Revocation.
14        (a)  Except  as  otherwise  provided  by this Code or any
15    other law of this State, the Secretary  of  State  shall  not
16    suspend  a  driver's  license, permit or privilege to drive a
17    motor vehicle on the highways for a period of more  than  one
18    year.
19        (b)  Any  person  whose  license,  permit or privilege to
20    drive a motor vehicle on the highways has been revoked  shall
21    not  be  entitled  to  have such license, permit or privilege
22    renewed or restored.  However, such  person  may,  except  as
23    provided   under   subsection  (d)  of  Section  6-205,  make
24    application for a license pursuant to Section  6-106  (i)  if
25    the revocation was for a cause which has been removed or (ii)
26    as provided in the following subparagraphs:
27             1.  Except as provided in subparagraphs 2, 3, and 4,
28        the  person  may make application for a license after the
29        expiration of one year from the  effective  date  of  the
30        revocation  or,  in  the case of a violation of paragraph
 
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 1        (b) of Section 11-401 of this Code or a similar provision
 2        of a local ordinance, after the  expiration  of  3  years
 3        from the effective date of the revocation or, in the case
 4        of  a  violation  of  Section 9-3 of the Criminal Code of
 5        1961 relating to the offense of reckless homicide,  after
 6        the  expiration of 2 years from the effective date of the
 7        revocation or after the expiration of 24 months from  the
 8        date of release from a period of imprisonment as provided
 9        in Section 6-103 of this Code, whichever is later.
10             2.  If  such  person  is  convicted  of committing a
11        second violation within a 20 year period of:
12                  (A)  Section 11-501 of this Code, or a  similar
13             provision of a local ordinance; or
14                  (B)  Paragraph  (b)  of  Section 11-401 of this
15             Code, or a similar provision of a  local  ordinance;
16             or
17                  (C)  Section  9-3 of the Criminal Code of 1961,
18             as amended, relating  to  the  offense  of  reckless
19             homicide; or
20                  (D)  any  combination  of  the  above  offenses
21             committed at different instances;
22        then  such  person may not make application for a license
23        until after the expiration of 5 years from the  effective
24        date  of  the most recent revocation.  The 20 year period
25        shall be computed by using the dates  the  offenses  were
26        committed  and  shall  also  include similar out-of-state
27        offenses.
28             3.  However, except as provided in  subparagraph  4,
29        If  such  person  is  convicted of committing a third, or
30        subsequent, violation or any  combination  of  the  above
31        offenses,   including   similar   out-of-state  offenses,
32        contained in subparagraph 2, then  such  person  may  not
33        make application for a license until after the expiration
34        of  10  years  from the effective date of the most recent
 
                            -3-      LRB093 03494 DRH 10921 b
 1        revocation.
 2             4.  The  person  may  not  make  application  for  a
 3        license if the person is convicted of committing a fourth
 4        or subsequent violation of Section 11-501 of this Code or
 5        a similar provision of a local ordinance, Section  11-401
 6        of  this  Code, Section 9-3 of the Criminal Code of 1961,
 7        or a combination of these offenses or similar  provisions
 8        of local ordinances or similar out-of-state offenses.
 9        Notwithstanding  any  other  provision  of this Code, all
10    persons referred to in this paragraph (b) may not have  their
11    privileges  restored  until the Secretary receives payment of
12    the required reinstatement fee pursuant to subsection (b)  of
13    Section 6-118.
14        In no event shall the Secretary issue such license unless
15    and until such person has had a hearing pursuant to this Code
16    and the appropriate administrative rules and the Secretary is
17    satisfied,  after  a  review or investigation of such person,
18    that to grant the privilege of driving a motor vehicle on the
19    highways will not endanger the public safety or welfare.
20        (c)  If  a  person  prohibited  under  paragraph  (2)  or
21    paragraph (3) of subsection  (c-4)  of  Section  11-501  from
22    driving  any  vehicle not equipped with an ignition interlock
23    device nevertheless is convicted of driving a vehicle that is
24    not equipped with the device, that person is prohibited  from
25    driving  any  vehicle not equipped with an ignition interlock
26    device for an additional period of time equal to the  initial
27    time  period  that the person was required to use an ignition
28    interlock device.
29    (Source: P.A. 91-357,  eff.  7-29-99;  92-343,  eff.  1-1-02;
30    92-418,  eff.  8-17-01;  92-458,  eff.  8-22-01; 92-651, eff.
31    7-11-02.)

32        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
33        Sec.  11-501.   Driving  while  under  the  influence  of
 
                            -4-      LRB093 03494 DRH 10921 b
 1    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
 2    compounds or any combination thereof.
 3        (a)  A person shall not drive or be  in  actual  physical
 4    control of any vehicle within this State while:
 5             (1)  the alcohol concentration in the person's blood
 6        or  breath  is  0.08  or  more based on the definition of
 7        blood and breath units in Section 11-501.2;
 8             (2)  under the influence of alcohol;
 9             (3)  under  the  influence   of   any   intoxicating
10        compound  or  combination  of intoxicating compounds to a
11        degree that  renders  the  person  incapable  of  driving
12        safely;
13             (4)  under  the  influence  of  any  other  drug  or
14        combination  of drugs to a degree that renders the person
15        incapable of safely driving;
16             (5)  under the combined influence of alcohol,  other
17        drug or drugs, or intoxicating compound or compounds to a
18        degree  that  renders  the  person  incapable  of  safely
19        driving; or
20             (6)  there  is  any  amount of a drug, substance, or
21        compound  in  the  person's  breath,  blood,   or   urine
22        resulting   from  the  unlawful  use  or  consumption  of
23        cannabis listed in the Cannabis Control Act, a controlled
24        substance listed in the  Illinois  Controlled  Substances
25        Act,  or  an  intoxicating  compound listed in the Use of
26        Intoxicating Compounds Act.
27        (b)  The fact that any person charged with violating this
28    Section is or has been legally entitled to use alcohol, other
29    drug or drugs, or intoxicating compound or compounds, or  any
30    combination  thereof,  shall not constitute a defense against
31    any charge of violating this Section.
32        (c)  Except as provided under  paragraphs  (c-3),  (c-4),
33    and  (d) of this Section, every person convicted of violating
34    this Section or a similar provision  of  a  local  ordinance,
 
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 1    shall  be guilty of a Class A misdemeanor and, in addition to
 2    any other criminal or administrative action, for  any  second
 3    conviction  of  violating this Section or a similar provision
 4    of a law of another state or local ordinance committed within
 5    5 years of a previous violation of this Section or a  similar
 6    provision of a local ordinance shall be mandatorily sentenced
 7    to  a  minimum  of  5  days  of imprisonment or assigned to a
 8    minimum of 30 days of community service as may be  determined
 9    by  the  court.  Every  person  convicted  of  violating this
10    Section or a similar provision of a local ordinance shall  be
11    subject  to  an additional mandatory minimum fine of $500 and
12    an additional mandatory 5 days  of  community  service  in  a
13    program   benefiting  children  if  the  person  committed  a
14    violation of paragraph (a) or a similar provision of a  local
15    ordinance  while  transporting  a person under age 16.  Every
16    person convicted a second time for violating this Section  or
17    a  similar provision of a local ordinance within 5 years of a
18    previous violation of this Section or a similar provision  of
19    a law of another state or local ordinance shall be subject to
20    an   additional   mandatory  minimum  fine  of  $500  and  an
21    additional 10  days  of  mandatory  community  service  in  a
22    program  benefiting  children  if  the  current  offense  was
23    committed  while  transporting  a  person  under age 16.  The
24    imprisonment or assignment under this subsection shall not be
25    subject to suspension nor shall the person  be  eligible  for
26    probation in order to reduce the sentence or assignment.
27        (c-1) (1)  A  person  who  violates this Section during a
28        period in which his or her driving privileges are revoked
29        or suspended, where the revocation or suspension was  for
30        a  violation of this Section, Section 11-501.1, paragraph
31        (b) of Section 11-401, or Section  9-3  of  the  Criminal
32        Code of 1961 is guilty of a Class 4 felony.
33             (2)  A person who violates this Section a third time
34        during  a  period  in which his or her driving privileges
 
                            -6-      LRB093 03494 DRH 10921 b
 1        are  revoked  or  suspended  where  the   revocation   or
 2        suspension  was  for a violation of this Section, Section
 3        11-501.1, paragraph (b) of Section 11-401, or Section 9-3
 4        of the Criminal Code of 1961  is  guilty  of  a  Class  3
 5        felony.
 6             (3)  A  person who violates this Section a fourth or
 7        subsequent time during a  period  in  which  his  or  her
 8        driving  privileges  are  revoked  or suspended where the
 9        revocation or suspension was  for  a  violation  of  this
10        Section,  Section  11-501.1,  paragraph  (b)  of  Section
11        11-401,  or  Section  9-3 of the Criminal Code of 1961 is
12        guilty of a Class 2 felony.
13        (c-2)  (Blank).
14        (c-3)  Every person convicted of violating  this  Section
15    or  a  similar provision of a local ordinance who had a child
16    under age 16 in the vehicle at the time of the offense  shall
17    have  his or her punishment under this Act enhanced by 2 days
18    of imprisonment for a first offense, 10 days of  imprisonment
19    for  a  second  offense,  30 days of imprisonment for a third
20    offense,  and  90  days  of  imprisonment  for  a  fourth  or
21    subsequent offense, in addition to  the  fine  and  community
22    service  required  under  subsection  (c)  and  the  possible
23    imprisonment required under subsection (d).  The imprisonment
24    or  assignment  under this subsection shall not be subject to
25    suspension nor shall the person be eligible for probation  in
26    order to reduce the sentence or assignment.
27        (c-4)  When  a  person  is convicted of violating Section
28    11-501 of this  Code  or  a  similar  provision  of  a  local
29    ordinance,  the  following  penalties  apply  when his or her
30    blood, breath,  or  urine  was  .16  or  more  based  on  the
31    definition  of  blood,  breath,  or  urine  units  in Section
32    11-501.2 or when that person is convicted of  violating  this
33    Section while transporting a child under the age of 16:
34             (1)  A   person   who   is  convicted  of  violating
 
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 1        subsection (a) of Section 11-501 of  this  Code  a  first
 2        time,  in  addition  to  any  other  penalty  that may be
 3        imposed under subsection (c), is subject to  a  mandatory
 4        minimum  of  100 hours of community service and a minimum
 5        fine of $500.
 6             (2)  A  person  who  is   convicted   of   violating
 7        subsection  (a)  of  Section 11-501 of this Code a second
 8        time within 10 years, in addition to  any  other  penalty
 9        that may be imposed under subsection (c), is subject to a
10        mandatory minimum of 2 days of imprisonment and a minimum
11        fine of $1,250.
12             (3)  A   person   who   is  convicted  of  violating
13        subsection (a) of Section 11-501 of  this  Code  a  third
14        time  within  20 years is guilty of a Class 4 felony and,
15        in addition to any other  penalty  that  may  be  imposed
16        under  subsection  (c), is subject to a mandatory minimum
17        of 90 days of imprisonment and a minimum fine of $2,500.
18             (4)  A person who is  convicted  of  violating  this
19        subsection (c-4) a fourth or subsequent time is guilty of
20        a  Class  2  felony and, in addition to any other penalty
21        that may be imposed under subsection (c), is not eligible
22        for a sentence of probation or conditional discharge  and
23        is subject to a minimum fine of $2,500.
24        (d) (1)  Every person convicted of committing a violation
25        of  this  Section  shall  be guilty of aggravated driving
26        under the influence of alcohol, other drug or  drugs,  or
27        intoxicating  compound  or  compounds, or any combination
28        thereof if:
29                  (A)  the person committed a violation  of  this
30             Section,  or a similar provision of a law of another
31             state or a local ordinance when the cause of  action
32             is  the  same  as  or  substantially similar to this
33             Section, for the third or subsequent time;
34                  (B)  the  person  committed  a   violation   of
 
                            -8-      LRB093 03494 DRH 10921 b
 1             paragraph  (a)  while  driving  a  school  bus  with
 2             children on board;
 3                  (C)  the  person  in  committing a violation of
 4             paragraph  (a)  was  involved  in  a  motor  vehicle
 5             accident that  resulted  in  great  bodily  harm  or
 6             permanent  disability  or  disfigurement to another,
 7             when the violation was  a  proximate  cause  of  the
 8             injuries;
 9                  (D)  the   person   committed  a  violation  of
10             paragraph  (a)  for  a  second  time  and  has  been
11             previously convicted of violating Section 9-3 of the
12             Criminal Code of 1961 relating to reckless  homicide
13             in  which  the  person  was  determined to have been
14             under the influence of alcohol, other drug or drugs,
15             or intoxicating compound or compounds as an  element
16             of  the  offense  or  the person has previously been
17             convicted under subparagraph (C) of  this  paragraph
18             (1); or
19                  (E)  the  person,  in committing a violation of
20             paragraph (a) while driving at any speed in a school
21             speed zone at a time when a speed limit of 20  miles
22             per  hour  was  in  effect  under  subsection (a) of
23             Section 11-605 of this Code, was involved in a motor
24             vehicle accident that resulted in bodily harm, other
25             than great bodily harm or  permanent  disability  or
26             disfigurement, to another person, when the violation
27             of paragraph (a) was a proximate cause of the bodily
28             harm.
29             (2)  Aggravated   driving  under  the  influence  of
30        alcohol, other drug or drugs, or intoxicating compound or
31        compounds, or  any  combination  thereof  is  a  Class  4
32        felony.  For a violation of subparagraph (C) of paragraph
33        (1)  of  this subsection (d), the defendant, if sentenced
34        to a term of imprisonment, shall be sentenced to not less
 
                            -9-      LRB093 03494 DRH 10921 b
 1        than  one  year  nor  more  than  12  years.    For   any
 2        prosecution  under  this subsection (d), a certified copy
 3        of  the  driving  abstract  of  the  defendant  shall  be
 4        admitted as proof of any prior conviction.
 5        (e)  After a finding of guilt  and  prior  to  any  final
 6    sentencing, or an order for supervision, for an offense based
 7    upon  an  arrest for a violation of this Section or a similar
 8    provision of a local ordinance, individuals shall be required
 9    to undergo a  professional  evaluation  to  determine  if  an
10    alcohol,  drug, or intoxicating compound abuse problem exists
11    and the extent of the problem, and undergo the imposition  of
12    treatment   as   appropriate.   Programs   conducting   these
13    evaluations  shall  be  licensed  by  the Department of Human
14    Services.  The cost of any professional evaluation  shall  be
15    paid   for   by   the  individual  required  to  undergo  the
16    professional evaluation.
17        (f)  Every person found guilty of violating this Section,
18    whose operation of a motor vehicle while in violation of this
19    Section proximately  caused  any  incident  resulting  in  an
20    appropriate  emergency  response,  shall  be  liable  for the
21    expense of an emergency response as  provided  under  Section
22    5-5-3 of the Unified Code of Corrections.
23        (g)  The  Secretary  of  State  shall  revoke the driving
24    privileges of any person convicted under this  Section  or  a
25    similar provision of a local ordinance.
26        (h)  Every person sentenced under paragraph (2) or (3) of
27    subsection  (c-1)  of  this Section or subsection (d) of this
28    Section and who receives a term of probation  or  conditional
29    discharge shall be required to serve a minimum term of either
30    60  days  community  service  or 10 days of imprisonment as a
31    condition of the probation or  conditional  discharge.   This
32    mandatory  minimum  term  of  imprisonment  or  assignment of
33    community service shall not be suspended  and  shall  not  be
34    subject to reduction by the court.
 
                            -10-     LRB093 03494 DRH 10921 b
 1        (i)  The  Secretary  of  State  shall  require the use of
 2    ignition interlock  devices  on  all  vehicles  owned  by  an
 3    individual  who  has been convicted of a second or subsequent
 4    offense of this Section or a similar  provision  of  a  local
 5    ordinance.    The  Secretary  shall  establish  by  rule  and
 6    regulation the procedures for certification and  use  of  the
 7    interlock system.
 8        (j)  In  addition to any other penalties and liabilities,
 9    a person who is found guilty of or pleads guilty to violating
10    this  Section,  including  any   person   placed   on   court
11    supervision  for violating this Section, shall be fined $100,
12    payable to the circuit clerk, who shall distribute the  money
13    to  the  law enforcement agency that made the arrest.  If the
14    person  has  been  previously  convicted  of  violating  this
15    Section or a similar provision of a local ordinance, the fine
16    shall be $200.  In the event that more  than  one  agency  is
17    responsible  for the arrest, the $100 or $200 shall be shared
18    equally.  Any moneys received by  a  law  enforcement  agency
19    under  this  subsection  (j)  shall  be  used to purchase law
20    enforcement equipment that will assist in the  prevention  of
21    alcohol related criminal violence throughout the State.  This
22    shall  include,  but is not limited to, in-car video cameras,
23    radar and laser speed detection devices, and  alcohol  breath
24    testers.  Any  moneys  received  by  the  Department of State
25    Police under this subsection (j) shall be deposited into  the
26    State  Police  DUI  Fund  and  shall  be used to purchase law
27    enforcement equipment that will assist in the  prevention  of
28    alcohol related criminal violence throughout the State.
29    (Source: P.A.  91-126,  eff.  7-16-99;  91-357, eff. 7-29-99;
30    91-692, eff. 4-13-00;  91-822,  eff.  6-13-00;  92-248,  eff.
31    8-3-01;  92-418,  eff. 8-17-01; 92-420, eff. 8-17-01; 92-429,
32    eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)

33        Section 99.  Effective date.  This Act takes effect  upon
 
                            -11-     LRB093 03494 DRH 10921 b
 1    becoming law.