093_HB1238ham002











                                     LRB093 04009 LCB 14029 a

 1                    AMENDMENT TO HOUSE BILL 1238

 2        AMENDMENT NO.     .  Amend House Bill 1238,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The Illinois  Vehicle  Code  is  amended  by
 6    changing Section 11-501 as follows:

 7        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
 8        Sec.  11-501.   Driving  while  under  the  influence  of
 9    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
10    compounds or any combination thereof.
11        (a)  A  person  shall  not drive or be in actual physical
12    control of any vehicle within this State while:
13             (1)  the alcohol concentration in the person's blood
14        or breath is 0.08 or more  based  on  the  definition  of
15        blood and breath units in Section 11-501.2;
16             (2)  under the influence of alcohol;
17             (3)  under   the   influence   of  any  intoxicating
18        compound or combination of intoxicating  compounds  to  a
19        degree  that  renders  the  person  incapable  of driving
20        safely;
21             (4)  under  the  influence  of  any  other  drug  or
22        combination of drugs to a degree that renders the  person
 
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 1        incapable of safely driving;
 2             (5)  under  the combined influence of alcohol, other
 3        drug or drugs, or intoxicating compound or compounds to a
 4        degree  that  renders  the  person  incapable  of  safely
 5        driving; or
 6             (6)  there is any amount of a  drug,  substance,  or
 7        compound   in   the  person's  breath,  blood,  or  urine
 8        resulting  from  the  unlawful  use  or  consumption   of
 9        cannabis listed in the Cannabis Control Act, a controlled
10        substance  listed  in  the Illinois Controlled Substances
11        Act, or an intoxicating compound listed  in  the  Use  of
12        Intoxicating Compounds Act.
13        (b)  The fact that any person charged with violating this
14    Section is or has been legally entitled to use alcohol, other
15    drug  or drugs, or intoxicating compound or compounds, or any
16    combination thereof,  shall not constitute a defense  against
17    any charge of violating this Section.
18        (c)  Except  as  provided  under paragraphs (c-3), (c-4),
19    and (d) of this Section, every person convicted of  violating
20    this  Section  or  a  similar provision of a local ordinance,
21    shall be guilty of a Class A misdemeanor and, in addition  to
22    any  other  criminal or administrative action, for any second
23    conviction of violating this Section or a  similar  provision
24    of a law of another state or local ordinance committed within
25    5  years of a previous violation of this Section or a similar
26    provision of a local ordinance shall be mandatorily sentenced
27    to a minimum of 5 days  of  imprisonment  or  assigned  to  a
28    minimum  of 30 days of community service as may be determined
29    by the  court.  Every  person  convicted  of  violating  this
30    Section  or a similar provision of a local ordinance shall be
31    subject to an additional mandatory minimum fine of  $500  and
32    an  additional  mandatory  5  days  of community service in a
33    program  benefiting  children  if  the  person  committed   a
34    violation  of paragraph (a) or a similar provision of a local
 
                            -3-      LRB093 04009 LCB 14029 a
 1    ordinance while transporting a person under  age  16.   Every
 2    person  convicted a second time for violating this Section or
 3    a similar provision of a local ordinance within 5 years of  a
 4    previous  violation of this Section or a similar provision of
 5    a law of another state or local ordinance shall be subject to
 6    an  additional  mandatory  minimum  fine  of  $500   and   an
 7    additional  10  days  of  mandatory  community  service  in a
 8    program  benefiting  children  if  the  current  offense  was
 9    committed while transporting a  person  under  age  16.   The
10    imprisonment or assignment under this subsection shall not be
11    subject  to  suspension  nor shall the person be eligible for
12    probation in order to reduce the sentence or assignment.
13        (c-1) (1)  A person who violates this  Section  during  a
14        period in which his or her driving privileges are revoked
15        or  suspended, where the revocation or suspension was for
16        a violation of this Section, Section 11-501.1,  paragraph
17        (b)  of  Section  11-401,  or Section 9-3 of the Criminal
18        Code of 1961 is guilty of a Class 4 felony.
19             (2)  A person who violates this Section a third time
20        during a period in which his or  her  driving  privileges
21        are   revoked   or  suspended  where  the  revocation  or
22        suspension was for a violation of this  Section,  Section
23        11-501.1, paragraph (b) of Section 11-401, or Section 9-3
24        of  the  Criminal  Code  of  1961  is guilty of a Class 3
25        felony.
26             (3)  A person who violates this Section a fourth  or
27        subsequent  time  during  a  period  in  which his or her
28        driving privileges are revoked  or  suspended  where  the
29        revocation  or  suspension  was  for  a violation of this
30        Section,  Section  11-501.1,  paragraph  (b)  of  Section
31        11-401, or Section 9-3 of the Criminal Code  of  1961  is
32        guilty of a Class 2 felony.
33        (c-2)  (Blank).
34        (c-3)  Every  person  convicted of violating this Section
 
                            -4-      LRB093 04009 LCB 14029 a
 1    or a similar provision of a local ordinance who had  a  child
 2    under  age 16 in the vehicle at the time of the offense shall
 3    have his or her punishment under this Act enhanced by 2  days
 4    of  imprisonment for a first offense, 10 days of imprisonment
 5    for a second offense, 30 days of  imprisonment  for  a  third
 6    offense,  and  90  days  of  imprisonment  for  a  fourth  or
 7    subsequent  offense,  in  addition  to the fine and community
 8    service  required  under  subsection  (c)  and  the  possible
 9    imprisonment required under subsection (d).  The imprisonment
10    or assignment under this subsection shall not be  subject  to
11    suspension  nor shall the person be eligible for probation in
12    order to reduce the sentence or assignment.
13        (c-4)  When a person is convicted  of  violating  Section
14    11-501  of  this  Code  or  a  similar  provision  of a local
15    ordinance, the following penalties  apply  when  his  or  her
16    blood,  breath,  or  urine  was  .16  or  more  based  on the
17    definition of  blood,  breath,  or  urine  units  in  Section
18    11-501.2  or  when that person is convicted of violating this
19    Section while transporting a child under the age of 16:
20             (1)  A  person  who  is   convicted   of   violating
21        subsection  (a)  of  Section  11-501 of this Code a first
22        time, in addition  to  any  other  penalty  that  may  be
23        imposed  under  subsection (c), is subject to a mandatory
24        minimum of 100 hours of community service and  a  minimum
25        fine of $500.
26             (2)  A   person   who   is  convicted  of  violating
27        subsection (a) of Section 11-501 of this  Code  a  second
28        time  within  10  years, in addition to any other penalty
29        that may be imposed under subsection (c), is subject to a
30        mandatory minimum of 2 days of imprisonment and a minimum
31        fine of $1,250.
32             (3)  A  person  who  is   convicted   of   violating
33        subsection  (a)  of  Section  11-501 of this Code a third
34        time within 20 years is guilty of a Class 4  felony  and,
 
                            -5-      LRB093 04009 LCB 14029 a
 1        in  addition  to  any  other  penalty that may be imposed
 2        under subsection (c), is subject to a  mandatory  minimum
 3        of 90 days of imprisonment and a minimum fine of $2,500.
 4             (4)  A  person  who  is  convicted of violating this
 5        subsection (c-4) a fourth or subsequent time is guilty of
 6        a Class 2 felony and, in addition to  any  other  penalty
 7        that may be imposed under subsection (c), is not eligible
 8        for  a sentence of probation or conditional discharge and
 9        is subject to a minimum fine of $2,500.
10        (d) (1)  Every person convicted of committing a violation
11        of this Section shall be  guilty  of  aggravated  driving
12        under  the  influence of alcohol, other drug or drugs, or
13        intoxicating compound or compounds,  or  any  combination
14        thereof if:
15                  (A)  the  person  committed a violation of this
16             Section, or a similar provision of a law of  another
17             state  or a local ordinance when the cause of action
18             is the same as  or  substantially  similar  to  this
19             Section, for the third or subsequent time;
20                  (B)  the   person   committed  a  violation  of
21             paragraph  (a)  while  driving  a  school  bus  with
22             children on board;
23                  (C)  the person in committing  a  violation  of
24             paragraph  (a)  was  involved  in  a  motor  vehicle
25             accident  that  resulted  in  great  bodily  harm or
26             permanent disability or  disfigurement  to  another,
27             when  the  violation  was  a  proximate cause of the
28             injuries;
29                  (D)  the  person  committed  a   violation   of
30             paragraph  (a)  for  a  second  time  and  has  been
31             previously convicted of violating Section 9-3 of the
32             Criminal  Code of 1961 relating to reckless homicide
33             in which the person  was  determined  to  have  been
34             under the influence of alcohol, other drug or drugs,
 
                            -6-      LRB093 04009 LCB 14029 a
 1             or  intoxicating compound or compounds as an element
 2             of the offense or the  person  has  previously  been
 3             convicted  under  subparagraph (C) of this paragraph
 4             (1); or
 5                  (E)  the person, in committing a  violation  of
 6             paragraph (a) while driving at any speed in a school
 7             speed  zone at a time when a speed limit of 20 miles
 8             per hour was  in  effect  under  subsection  (a)  of
 9             Section 11-605 of this Code, was involved in a motor
10             vehicle accident that resulted in bodily harm, other
11             than  great  bodily  harm or permanent disability or
12             disfigurement, to another person, when the violation
13             of paragraph (a) was a proximate cause of the bodily
14             harm.
15             (2)  Aggravated  driving  under  the  influence   of
16        alcohol, other drug or drugs, or intoxicating compound or
17        compounds,  or  any  combination  thereof  is  a  Class 4
18        felony.  For a violation of subparagraph (C) of paragraph
19        (1) of this subsection (d), the defendant,  if  sentenced
20        to a term of imprisonment, shall be sentenced to not less
21        than   one   year  nor  more  than  12  years.   For  any
22        prosecution under this subsection (d), a  certified  copy
23        of  the  driving  abstract  of  the  defendant  shall  be
24        admitted as proof of any prior conviction.
25        (e)  After  a  finding  of  guilt  and prior to any final
26    sentencing, or an order for supervision, for an offense based
27    upon an arrest for a violation of this Section or  a  similar
28    provision of a local ordinance, individuals shall be required
29    to  undergo  a  professional  evaluation  to  determine if an
30    alcohol, drug, or intoxicating compound abuse problem  exists
31    and  the extent of the problem, and undergo the imposition of
32    treatment   as   appropriate.   Programs   conducting   these
33    evaluations shall be licensed  by  the  Department  of  Human
34    Services.   The  cost of any professional evaluation shall be
 
                            -7-      LRB093 04009 LCB 14029 a
 1    paid  for  by  the  individual  required   to   undergo   the
 2    professional evaluation.
 3        (e-1)  Any person who is found guilty of or pleads guilty
 4    to  violating  this Section, including any person receiving a
 5    disposition of court supervision for violating this  Section,
 6    may  be required by the Court to attend a victim impact panel
 7    offered  by,  or  under  contract  with,  a  County   State's
 8    Attorney's office, a probation and court services department,
 9    Mothers  Against  Drunk  Driving,  or  the  Alliance  Against
10    Intoxicated  Motorists.  All  costs  generated  by the victim
11    impact panel shall be  paid  from  fees  collected  from  the
12    offender or as may be  determined by the court.
13        (f)  Every person found guilty of violating this Section,
14    whose operation of a motor vehicle while in violation of this
15    Section  proximately  caused  any  incident  resulting  in an
16    appropriate emergency  response,  shall  be  liable  for  the
17    expense  of  an  emergency response as provided under Section
18    5-5-3 of the Unified Code of Corrections.
19        (g)  The Secretary of  State  shall  revoke  the  driving
20    privileges  of  any  person convicted under this Section or a
21    similar provision of a local ordinance.
22        (h)  Every person sentenced under paragraph (2) or (3) of
23    subsection (c-1) of this Section or subsection  (d)  of  this
24    Section  and  who receives a term of probation or conditional
25    discharge shall be required to serve a minimum term of either
26    60 days community service or 10 days  of  imprisonment  as  a
27    condition  of  the  probation or conditional discharge.  This
28    mandatory minimum  term  of  imprisonment  or  assignment  of
29    community  service  shall  not  be suspended and shall not be
30    subject to reduction by the court.
31        (i)  The Secretary of State  shall  require  the  use  of
32    ignition  interlock  devices  on  all  vehicles  owned  by an
33    individual who has been convicted of a second  or  subsequent
34    offense  of  this  Section  or a similar provision of a local
 
                            -8-      LRB093 04009 LCB 14029 a
 1    ordinance.   The  Secretary  shall  establish  by  rule   and
 2    regulation  the  procedures  for certification and use of the
 3    interlock system.
 4        (j)  In addition to any other penalties and  liabilities,
 5    a person who is found guilty of or pleads guilty to violating
 6    this   Section,   including   any   person  placed  on  court
 7    supervision for violating this Section, shall be fined  $100,
 8    payable  to the circuit clerk, who shall distribute the money
 9    to the law enforcement agency that made the arrest.   If  the
10    person  has  been  previously  convicted  of  violating  this
11    Section or a similar provision of a local ordinance, the fine
12    shall  be  $200.   In  the event that more than one agency is
13    responsible for the arrest, the $100 or $200 shall be  shared
14    equally.   Any  moneys  received  by a law enforcement agency
15    under this subsection (j)  shall  be  used  to  purchase  law
16    enforcement  equipment  that will assist in the prevention of
17    alcohol related criminal violence throughout the State.  This
18    shall include, but is not limited to, in-car  video  cameras,
19    radar  and  laser speed detection devices, and alcohol breath
20    testers. Any moneys  received  by  the  Department  of  State
21    Police  under this subsection (j) shall be deposited into the
22    State Police DUI Fund and  shall  be  used  to  purchase  law
23    enforcement  equipment  that will assist in the prevention of
24    alcohol related criminal violence throughout the State.
25    (Source: P.A. 91-126, eff.  7-16-99;  91-357,  eff.  7-29-99;
26    91-692,  eff.  4-13-00;  91-822,  eff.  6-13-00; 92-248, eff.
27    8-3-01; 92-418, eff. 8-17-01; 92-420, eff.  8-17-01;  92-429,
28    eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)".