Full Text of HB1471 94th General Assembly
HB1471enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning driving offenses.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 11-501 as follows: | 6 |
| (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
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| Sec. 11-501. Driving while under the influence of alcohol, | 8 |
| other drug or
drugs, intoxicating compound or compounds or any | 9 |
| combination thereof.
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| (a) A person shall not drive or be in actual
physical | 11 |
| control of any vehicle within this State while:
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| (1) the alcohol concentration in the person's blood or | 13 |
| breath is 0.08
or more based on the definition of blood and | 14 |
| breath units in Section 11-501.2;
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| (2) under the influence of alcohol;
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| (3) under the influence of any intoxicating compound or | 17 |
| combination of
intoxicating compounds to a degree that | 18 |
| renders the person incapable of
driving safely;
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| (4) under the influence of any other drug or | 20 |
| combination of drugs to a
degree that renders the person | 21 |
| incapable of safely driving;
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| (5) under the combined influence of alcohol, other drug | 23 |
| or drugs, or
intoxicating compound or compounds to a degree | 24 |
| that renders the person
incapable of safely driving; or
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| (6) there is any amount of a drug, substance, or | 26 |
| compound in the
person's breath, blood, or urine resulting | 27 |
| from the unlawful use or consumption
of cannabis listed in | 28 |
| the Cannabis Control Act, a controlled substance listed
in | 29 |
| the Illinois Controlled Substances Act, or an intoxicating | 30 |
| compound listed
in the Use of Intoxicating Compounds Act.
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| (b) The fact that any person charged with violating this | 32 |
| Section is or
has been legally entitled to use alcohol, other |
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| drug or drugs, or
intoxicating compound or compounds, or any
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| combination thereof, shall not constitute a defense against any | 3 |
| charge of
violating this Section.
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| (b-1) With regard to penalties imposed under this Section:
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| (1) Any reference to a prior violation of subsection | 6 |
| (a) or a similar
provision includes any violation of a | 7 |
| provision of a local ordinance or a
provision of a law of | 8 |
| another state that is similar to a violation of
subsection | 9 |
| (a) of this Section.
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| (2) Any penalty imposed for driving with a license that | 11 |
| has been revoked
for a previous violation of subsection (a) | 12 |
| of this Section shall be in
addition to the penalty imposed | 13 |
| for any subsequent violation of subsection (a).
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| (b-2) Except as otherwise provided in this Section, any | 15 |
| person convicted of
violating subsection (a) of this Section is | 16 |
| guilty of a Class A misdemeanor.
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| (b-3) In addition to any other criminal or administrative | 18 |
| sanction for any
second conviction of violating subsection (a) | 19 |
| or a similar provision committed
within 5 years of a previous | 20 |
| violation of subsection (a) or a similar
provision, the | 21 |
| defendant shall be sentenced to a mandatory minimum of 5 days | 22 |
| of
imprisonment or assigned a mandatory minimum of 240 hours of | 23 |
| community service
as may be determined by the court.
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| (b-4) In the case of a third or subsequent violation | 25 |
| committed within 5
years of a previous violation of subsection | 26 |
| (a) or a similar provision, in
addition to any other criminal | 27 |
| or administrative sanction, a mandatory minimum
term of either | 28 |
| 10 days of imprisonment or 480 hours of community service shall
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| be imposed.
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| (b-5) The imprisonment or assignment of community service | 31 |
| under subsections
(b-3) and (b-4) shall not be subject to | 32 |
| suspension, nor shall the person be
eligible for a reduced | 33 |
| sentence.
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| (c) (Blank).
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| (c-1) (1) A person who violates subsection (a)
during
a | 36 |
| period in which his
or her driving privileges are revoked |
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| or suspended, where the revocation or
suspension was for a | 2 |
| violation of subsection (a), Section
11-501.1, paragraph | 3 |
| (b)
of Section 11-401, or for reckless homicide as defined | 4 |
| in Section 9-3 of
the Criminal Code of 1961 is guilty of | 5 |
| aggravated driving under the influence of alcohol, other | 6 |
| drug or drugs, intoxicating compound or compounds, or any | 7 |
| combination thereof and is guilty of a
Class 4 felony.
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| (2) A person who violates subsection (a) a third
time, | 9 |
| if the third violation occurs during a period in
which his | 10 |
| or her driving privileges are revoked or suspended where | 11 |
| the
revocation
or suspension was for a violation of | 12 |
| subsection (a),
Section 11-501.1, paragraph
(b) of Section | 13 |
| 11-401, or for reckless homicide as defined in Section 9-3
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| of the Criminal Code of 1961, is guilty of aggravated | 15 |
| driving under the influence of alcohol, other drug or | 16 |
| drugs, intoxicating compound or compounds, or any | 17 |
| combination thereof and is guilty of
a Class 3 felony. | 18 |
| (2.1) A person who violates subsection (a) a third | 19 |
| time, if the third
violation occurs during a period in | 20 |
| which his or her driving privileges are
revoked or | 21 |
| suspended where the revocation or suspension was for a | 22 |
| violation of
subsection (a), Section 11-501.1, subsection | 23 |
| (b) of Section 11-401, or for
reckless homicide as defined | 24 |
| in Section
9-3 of the Criminal Code of 1961, is guilty of | 25 |
| aggravated driving under the influence of alcohol, other | 26 |
| drug or drugs, intoxicating compound or compounds, or any | 27 |
| combination thereof and is guilty of a Class 3 felony; and | 28 |
| if the
person receives a term of
probation or conditional | 29 |
| discharge, he or she shall be required to serve a
mandatory
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| minimum of 10 days of imprisonment or shall be assigned a | 31 |
| mandatory minimum of
480 hours of community service, as may | 32 |
| be determined by the court, as a
condition of the probation | 33 |
| or conditional discharge. This mandatory minimum
term of | 34 |
| imprisonment or assignment of community service shall not | 35 |
| be suspended
or reduced by the court.
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| (2.2) A person who violates subsection (a), if the
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| violation occurs during a period in which his or her | 2 |
| driving privileges are
revoked or suspended where the | 3 |
| revocation or suspension was for a violation of
subsection | 4 |
| (a) or Section 11-501.1, is guilty of aggravated driving | 5 |
| under the influence of alcohol, other drug or drugs, | 6 |
| intoxicating compound or compounds, or any combination | 7 |
| thereof and shall also be sentenced to an additional
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| mandatory minimum term of 30 consecutive days of | 9 |
| imprisonment, 40 days of
24-hour periodic imprisonment, or | 10 |
| 720 hours of community service, as may be
determined by the | 11 |
| court. This mandatory term of imprisonment or assignment of
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| community service shall not be suspended or reduced by the | 13 |
| court.
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| (3) A person who violates subsection (a) a fourth or
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| subsequent time, if the fourth or subsequent violation | 16 |
| occurs
during a period in which his
or her driving | 17 |
| privileges are revoked or suspended where the revocation
or | 18 |
| suspension was for a violation of subsection (a),
Section | 19 |
| 11-501.1, paragraph
(b) of Section 11-401, or for reckless | 20 |
| homicide as defined in
Section 9-3
of
the Criminal Code of | 21 |
| 1961, is guilty of aggravated driving under the influence | 22 |
| of alcohol, other drug or drugs, intoxicating compound or | 23 |
| compounds, or any combination thereof and is guilty of
a | 24 |
| Class 2 felony , and is not eligible for a sentence of | 25 |
| probation or
conditional discharge.
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| (c-2) (Blank).
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| (c-3) (Blank).
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| (c-4) (Blank).
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| (c-5) A person who violates subsection (a), if the person | 30 |
| was transporting
a person under the age of 16 at the time of | 31 |
| the violation, is subject to an
additional mandatory minimum | 32 |
| fine of $1,000, an additional mandatory minimum
140 hours of | 33 |
| community service, which shall include 40 hours of community
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| service in a program benefiting children, and an additional 2 | 35 |
| days of
imprisonment. The imprisonment or assignment of | 36 |
| community service under this
subsection (c-5) is not subject to |
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| suspension, nor is the person eligible for
a reduced sentence.
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| (c-6) Except as provided in subsections (c-7) and (c-8) a | 3 |
| person who
violates
subsection (a) a second time, if at the | 4 |
| time of
the second violation the person was transporting a | 5 |
| person under the age of 16,
is subject to an additional 10 days | 6 |
| of imprisonment, an additional mandatory
minimum fine of | 7 |
| $1,000, and an additional mandatory minimum 140 hours of
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| community service, which shall include 40 hours of community | 9 |
| service in a
program benefiting children.
The imprisonment or | 10 |
| assignment of community service under this subsection (c-6)
is | 11 |
| not subject to suspension, nor is the person eligible for a | 12 |
| reduced
sentence.
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| (c-7) Except as provided in subsection (c-8), any person | 14 |
| convicted of
violating subsection (c-6) or a similar
provision | 15 |
| within 10 years of a previous violation of subsection (a) or a
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| similar provision shall receive, in addition to any other | 17 |
| penalty imposed, a
mandatory minimum 12 days imprisonment, an | 18 |
| additional 40 hours of mandatory
community service in a program | 19 |
| benefiting children, and a mandatory minimum
fine of $1,750. | 20 |
| The imprisonment or assignment of community service under this
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| subsection (c-7) is not subject to suspension, nor is the | 22 |
| person
eligible for a reduced sentence.
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| (c-8) Any person convicted of violating subsection (c-6) or | 24 |
| a similar
provision within 5 years of a previous violation of | 25 |
| subsection (a) or a similar
provision shall receive, in | 26 |
| addition to any other penalty imposed, an
additional 80 hours | 27 |
| of mandatory community service in a program benefiting
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| children, an additional mandatory minimum 12 days of | 29 |
| imprisonment, and a
mandatory minimum fine of $1,750. The | 30 |
| imprisonment or assignment of community
service under this | 31 |
| subsection (c-8) is not subject to suspension, nor
is the
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| person eligible for a reduced sentence.
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| (c-9) Any person convicted a third time for violating | 34 |
| subsection (a) or a
similar provision, if at the time of the | 35 |
| third violation the person was
transporting a person under the | 36 |
| age of 16, is guilty of a Class 4 felony and shall
receive, in |
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| addition to any other
penalty imposed, an additional mandatory | 2 |
| fine of $1,000, an additional
mandatory 140 hours of community | 3 |
| service, which shall include 40 hours in a
program benefiting | 4 |
| children, and a mandatory minimum 30 days of imprisonment.
The | 5 |
| imprisonment or assignment of community service under this | 6 |
| subsection (c-9)
is not subject to suspension, nor is the | 7 |
| person eligible for a reduced
sentence.
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| (c-10) Any person convicted of violating subsection (c-9) | 9 |
| or a similar
provision a third time within 20 years of a | 10 |
| previous violation of subsection
(a) or a
similar provision is | 11 |
| guilty of a Class 4 felony and shall receive, in addition
to | 12 |
| any other penalty imposed, an additional mandatory 40 hours of | 13 |
| community
service in a program benefiting children, an | 14 |
| additional mandatory fine of
$3,000
$3000 , and a mandatory | 15 |
| minimum 120 days of imprisonment. The imprisonment or
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| assignment of community service under this subsection (c-10) is | 17 |
| not subject to
suspension, nor is the person eligible for a | 18 |
| reduced sentence.
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| (c-11) Any person convicted a fourth or subsequent time for | 20 |
| violating
subsection (a) or a similar provision, if at the time | 21 |
| of the fourth or
subsequent violation the person was | 22 |
| transporting a person under the age of 16,
and if the person's | 23 |
| 3 prior violations of subsection (a) or a similar provision
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| occurred while transporting a person under the age of 16 or | 25 |
| while the alcohol
concentration in his or her blood, breath, or | 26 |
| urine was 0.16 or more based
on the definition of blood, | 27 |
| breath, or urine units in Section 11-501.2, is
guilty of a | 28 |
| Class 2 felony, is not eligible for probation or conditional
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| discharge, and is subject to a minimum fine of $3,000.
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| (c-12) Any person convicted of a first violation of | 31 |
| subsection (a) or a
similar provision, if the alcohol | 32 |
| concentration in his or her blood, breath, or
urine was 0.16 or | 33 |
| more based on the definition of blood, breath, or urine
units | 34 |
| in Section 11-501.2, shall be subject, in addition to any other | 35 |
| penalty
that may be imposed, to a mandatory minimum of 100 | 36 |
| hours of community service
and a mandatory minimum fine of |
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| $500.
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| (c-13) Any person convicted of a second violation of | 3 |
| subsection (a) or a similar provision committed within 10 years | 4 |
| of a previous violation of subsection (a) or a similar | 5 |
| provision committed within 10 years of a previous violation of | 6 |
| subsection (a) or a similar provision, if at the time of the | 7 |
| second violation of subsection (a) the
alcohol concentration in | 8 |
| his or her blood, breath, or urine was 0.16 or more
based on | 9 |
| the definition of blood, breath, or urine units in Section | 10 |
| 11-501.2,
shall be
subject, in addition to any other penalty | 11 |
| that may be imposed, to a mandatory
minimum of 2 days of | 12 |
| imprisonment and a mandatory minimum fine of $1,250.
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| (c-14) Any person convicted of a third violation of | 14 |
| subsection (a) or a
similar provision within 20 years of a | 15 |
| previous violation of subsection (a) or
a
similar provision, if | 16 |
| at the time of the third violation of subsection (a) or a
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| similar provision the alcohol concentration in his or her | 18 |
| blood, breath, or
urine was 0.16 or more based on the | 19 |
| definition of blood, breath, or urine units
in Section | 20 |
| 11-501.2, is guilty of a Class 4 felony and shall be subject, | 21 |
| in
addition to any other penalty that may be imposed, to a | 22 |
| mandatory minimum of
90 days of imprisonment and a mandatory | 23 |
| minimum fine of $2,500.
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| (c-15) Any person convicted of a fourth or subsequent | 25 |
| violation of
subsection
(a) or a similar provision, if at the | 26 |
| time of the fourth or subsequent
violation the alcohol | 27 |
| concentration in his or her blood, breath, or urine was
0.16 or | 28 |
| more based on the definition of blood, breath, or urine units | 29 |
| in
Section 11-501.2, and if the person's 3 prior violations of | 30 |
| subsection (a) or a
similar provision occurred while | 31 |
| transporting a person under the age of 16 or
while the alcohol | 32 |
| concentration in his or her blood, breath, or urine was 0.16
or | 33 |
| more based on the definition of blood, breath, or urine units | 34 |
| in Section
11-501.2, is guilty of a Class 2 felony and is not | 35 |
| eligible for a sentence of
probation or conditional discharge | 36 |
| and is subject to a minimum fine of
$2,500.
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| (d) (1) Every person convicted of committing a violation of | 2 |
| this Section
shall be guilty of aggravated driving under | 3 |
| the influence of alcohol,
other drug or drugs, or | 4 |
| intoxicating compound or compounds, or any combination
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| thereof if:
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| (A) the person committed a violation of subsection | 7 |
| (a) or a similar
provision for the
third or subsequent | 8 |
| time;
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| (B) the person committed a violation of subsection | 10 |
| (a)
while
driving a school bus with persons 18 years of | 11 |
| age or younger
on board;
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| (C) the person in committing a violation of | 13 |
| subsection
(a) was
involved in a motor vehicle accident | 14 |
| that resulted in great bodily harm or
permanent | 15 |
| disability or disfigurement to another, when the | 16 |
| violation was
a proximate cause of the injuries;
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| (D) the person committed a violation of subsection | 18 |
| (a)
for a
second time and has been previously convicted | 19 |
| of violating Section 9-3 of the
Criminal Code of 1961 | 20 |
| or a similar provision of a law of another state | 21 |
| relating to reckless homicide in which the person was
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| determined to have been under the influence of alcohol, | 23 |
| other drug or
drugs, or intoxicating compound or | 24 |
| compounds as an element of the offense or
the person | 25 |
| has previously been convicted
under subparagraph (C) | 26 |
| or subparagraph (F) of this paragraph (1);
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| (E) the person, in committing a violation of | 28 |
| subsection (a) while
driving at any speed in a school | 29 |
| speed zone at a time when a speed limit of
20 miles per | 30 |
| hour was in effect under subsection (a) of Section | 31 |
| 11-605 of
this Code, was involved in a motor vehicle | 32 |
| accident that resulted in bodily
harm, other than great | 33 |
| bodily harm or permanent disability or disfigurement,
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| to another person, when the violation of subsection (a) | 35 |
| was a
proximate cause
of the bodily harm; or
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| (F) the person, in committing a violation of |
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| subsection (a), was
involved in a motor vehicle, | 2 |
| snowmobile, all-terrain vehicle, or watercraft
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| accident that resulted in
the death of another person, | 4 |
| when the violation of subsection
(a) was
a proximate | 5 |
| cause of the death ; .
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| (G) the person committed the violation while he or | 7 |
| she did not possess a driver's license or permit or a | 8 |
| restricted driving permit or a judicial driving | 9 |
| permit; or
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| (H) the person committed the violation while he or | 11 |
| she knew or should have known that the vehicle he or | 12 |
| she was driving was not covered by a liability | 13 |
| insurance policy.
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| (2) Except as provided in this paragraph (2) and in | 15 |
| paragraphs (2), (2.1), and (3) of subsection (c-1) , a | 16 |
| person convicted of
aggravated driving under
the
influence | 17 |
| of alcohol, other drug or
drugs,
or intoxicating compound | 18 |
| or compounds, or any
combination thereof is guilty of a | 19 |
| Class 4 felony. For a violation of
subparagraph (C)
of
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| paragraph (1) of this subsection (d), the defendant, if | 21 |
| sentenced to a term
of imprisonment, shall be sentenced
to | 22 |
| not less than
one year nor more than 12 years.
Aggravated | 23 |
| driving under the influence of alcohol, other drug or | 24 |
| drugs,
or intoxicating compound or compounds, or any | 25 |
| combination thereof as
defined in subparagraph (F) of | 26 |
| paragraph (1) of this subsection (d) is
a Class 2 felony, | 27 |
| for which the defendant, if sentenced to a term of
| 28 |
| imprisonment, shall be sentenced to: (A) a
term of | 29 |
| imprisonment of not less than 3 years and not more
than 14 | 30 |
| years if the violation resulted in the death of one person; | 31 |
| or
(B) a term of imprisonment of not less than 6 years and | 32 |
| not
more than 28 years if the violation resulted in the | 33 |
| deaths of 2 or more
persons.
For any prosecution under this | 34 |
| subsection
(d), a certified copy of the
driving abstract of | 35 |
| the defendant shall be admitted as proof of any prior
| 36 |
| conviction.
Any person sentenced under this subsection (d) |
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| who receives a term of
probation
or conditional discharge | 2 |
| must serve a minimum term of either 480 hours of
community | 3 |
| service or 10 days of imprisonment as a condition of the | 4 |
| probation or
conditional discharge. This mandatory minimum | 5 |
| term of imprisonment or
assignment of community service may | 6 |
| not be suspended or reduced by the court.
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| (e) After a finding of guilt and prior to any final | 8 |
| sentencing, or an
order for supervision, for an offense based | 9 |
| upon an arrest for a
violation of this Section or a similar | 10 |
| provision of a local ordinance,
individuals shall be required | 11 |
| to undergo a professional evaluation to
determine if an | 12 |
| alcohol, drug, or intoxicating compound abuse problem exists
| 13 |
| and the
extent of the problem, and undergo the imposition of | 14 |
| treatment as appropriate.
Programs conducting these | 15 |
| evaluations shall be
licensed by the Department of Human | 16 |
| Services. The cost of any professional
evaluation shall be paid | 17 |
| for by the
individual
required to undergo the professional | 18 |
| evaluation.
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| (e-1) Any person who is found guilty of or pleads guilty to | 20 |
| violating this
Section, including any person receiving a | 21 |
| disposition of court supervision for
violating this Section, | 22 |
| may be required by the Court to attend a victim
impact panel | 23 |
| offered by, or under contract with, a County State's Attorney's
| 24 |
| office, a probation and court services department, Mothers | 25 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated | 26 |
| Motorists.
All costs generated by
the victim impact panel shall | 27 |
| be paid from fees collected from the
offender or as may be | 28 |
| determined by the court.
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| (f) Every person found guilty of violating this Section, | 30 |
| whose
operation of a motor vehicle while in violation of this | 31 |
| Section proximately
caused any incident resulting in an | 32 |
| appropriate emergency response, shall
be liable for the expense | 33 |
| of an emergency response as provided under
Section 5-5-3 of the | 34 |
| Unified Code of Corrections.
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| (g) The Secretary of State shall revoke the driving | 36 |
| privileges of any
person convicted under this Section or a |
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| similar provision of a local
ordinance.
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| (h) ( Blank ) .
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| (i) The Secretary of State shall require the use of | 4 |
| ignition interlock
devices on all vehicles owned by an | 5 |
| individual who has been convicted of a
second
or subsequent | 6 |
| offense of this Section or a similar provision of a local
| 7 |
| ordinance. The Secretary shall establish by rule and regulation | 8 |
| the procedures
for certification and use of the interlock | 9 |
| system.
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| (j) In addition to any other penalties and liabilities, a | 11 |
| person who is
found guilty of or pleads guilty to violating | 12 |
| subsection (a), including any
person placed on court | 13 |
| supervision for violating subsection (a), shall be fined
$500, | 14 |
| payable to the
circuit clerk, who shall distribute the money as | 15 |
| follows: 20% to the law enforcement agency
that made the arrest | 16 |
| and 80% shall be forwarded to the State Treasurer for deposit | 17 |
| into the General Revenue Fund. If the person has been | 18 |
| previously convicted of violating
subsection (a) or a similar | 19 |
| provision of a local
ordinance, the fine shall be
$1,000. In | 20 |
| the event that more than one agency is responsible
for the | 21 |
| arrest, the amount payable to law enforcement agencies shall be | 22 |
| shared equally. Any moneys received
by a law
enforcement agency | 23 |
| under this subsection (j) shall be used to purchase law
| 24 |
| enforcement equipment that will assist in the prevention of | 25 |
| alcohol related
criminal violence throughout the State. This | 26 |
| shall include, but is not limited
to, in-car video cameras, | 27 |
| radar and laser speed detection devices, and alcohol
breath | 28 |
| testers.
Any moneys received by the Department of State Police | 29 |
| under this subsection
(j) shall be deposited into the State | 30 |
| Police DUI Fund and shall be used to
purchase law enforcement | 31 |
| equipment that will assist in the prevention of
alcohol related | 32 |
| criminal violence throughout the State.
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| (k) The Secretary of State Police DUI Fund is created as a | 34 |
| special
fund in the State treasury. All moneys received by the | 35 |
| Secretary of State
Police under subsection (j) of this Section | 36 |
| shall be deposited into the
Secretary of State Police DUI Fund |
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| and, subject to appropriation, shall be
used to purchase law | 2 |
| enforcement equipment to assist in the prevention of
alcohol | 3 |
| related criminal violence throughout the State.
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| (l) Whenever an individual is sentenced for an offense | 5 |
| based upon an
arrest for a violation of subsection (a) or a | 6 |
| similar provision of a local
ordinance, and the professional | 7 |
| evaluation recommends remedial or
rehabilitative treatment or | 8 |
| education, neither the treatment nor the education
shall be the | 9 |
| sole disposition and either or both may be imposed only in
| 10 |
| conjunction with another disposition. The court shall monitor | 11 |
| compliance with
any remedial education or treatment | 12 |
| recommendations contained in the
professional evaluation. | 13 |
| Programs conducting alcohol or other drug evaluation
or | 14 |
| remedial education must be licensed by the Department of Human | 15 |
| Services. If
the individual is not a resident of Illinois, | 16 |
| however, the court may accept an
alcohol or other drug | 17 |
| evaluation or remedial education program in the
individual's | 18 |
| state of residence. Programs providing treatment must be | 19 |
| licensed
under existing applicable alcoholism and drug | 20 |
| treatment licensure standards.
| 21 |
| (m) In addition to any other fine or penalty required by | 22 |
| law, an individual
convicted of a violation of subsection (a), | 23 |
| Section 5-7 of the Snowmobile
Registration and Safety Act, | 24 |
| Section 5-16 of the Boat Registration and Safety
Act, or a | 25 |
| similar provision, whose operation of a motor vehicle, | 26 |
| snowmobile, or
watercraft while in
violation of subsection (a), | 27 |
| Section 5-7 of the Snowmobile Registration and
Safety Act, | 28 |
| Section 5-16 of the Boat Registration and Safety Act, or a | 29 |
| similar
provision proximately caused an incident resulting in | 30 |
| an appropriate emergency
response, shall be required to make | 31 |
| restitution to a public agency for the
costs of that emergency | 32 |
| response. The restitution may not exceed $1,000 per
public | 33 |
| agency for each emergency response. As used in this subsection | 34 |
| (m),
"emergency response" means any incident requiring a | 35 |
| response by a police
officer, a firefighter carried on the | 36 |
| rolls of a regularly constituted fire
department, or an |
|
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| ambulance.
| 2 |
| (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; | 3 |
| 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; | 4 |
| 92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff. | 5 |
| 7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, | 6 |
| eff. 1-1-05; 93-840, eff. 7-30-04; revised 1-13-05.)
| 7 |
| Section 10. The Criminal Code of 1961 is amended by | 8 |
| changing Section 36-1 as follows:
| 9 |
| (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| 10 |
| Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used | 11 |
| with the knowledge
and consent of the owner in the commission | 12 |
| of, or in the attempt to commit as
defined in Section 8-4 of | 13 |
| this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, | 14 |
| 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-4.1, 12-4.2, | 15 |
| 12-4.2-5, 12-4.3, 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
18-2, | 16 |
| 19-1, 19-2, 19-3, 20-1, 20-2,
20.5-6,
24-1.2,
24-1.2-5,
24-1.5, | 17 |
| or 28-1 of this Code,
paragraph (a) of Section 12-4 of this | 18 |
| Code,
paragraph (a) of Section 12-15 or paragraphs (a), (c) or | 19 |
| (d) of Section
12-16 of this Code, or paragraph (a)(6) or | 20 |
| (a)(7) of Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 | 21 |
| or 26 of the Cigarette Tax
Act if the vessel, vehicle or | 22 |
| aircraft contains more than 10 cartons of
such cigarettes; (c) | 23 |
| Section 28, 29 or 30 of the Cigarette Use Tax Act if
the | 24 |
| vessel, vehicle or aircraft contains more than 10 cartons of | 25 |
| such
cigarettes; (d) Section 44 of the Environmental Protection | 26 |
| Act; (e)
11-204.1
of the Illinois Vehicle Code; (f)
the | 27 |
| offenses described in the
following provisions of the Illinois | 28 |
| Vehicle Code:
Section 11-501 subdivisions (c-1)(1), (c-1)(2), | 29 |
| (c-1)(3),
(d)(1)(A), or (d)(1)(D) , (d)(1)(G), or (d)(1)(H) ; | 30 |
| (g) an offense described in subsection (g) of Section 6-303 of | 31 |
| the
Illinois Vehicle Code; or (h) an offense described in | 32 |
| subsection (e) of
Section 6-101 of the Illinois Vehicle Code;
| 33 |
| may be
seized and delivered forthwith to the sheriff of the | 34 |
| county of seizure.
|
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| Within 15 days after such delivery the sheriff shall give | 2 |
| notice of seizure
to each person according to the following | 3 |
| method: Upon each such person
whose right, title or interest is | 4 |
| of record in the office of the Secretary
of State, the | 5 |
| Secretary of Transportation, the Administrator of the Federal
| 6 |
| Aviation Agency, or any other Department of this State, or any | 7 |
| other state
of the United States if such vessel, vehicle or | 8 |
| aircraft is required to be
so registered, as the case may be, | 9 |
| by mailing a copy of the notice by
certified mail to the | 10 |
| address as given upon the records of the Secretary of
State, | 11 |
| the Department of Aeronautics, Department of Public Works and
| 12 |
| Buildings or any other Department of this State or the United | 13 |
| States if
such vessel, vehicle or aircraft is required to be so | 14 |
| registered. Within
that 15 day period the sheriff shall also | 15 |
| notify the State's Attorney of
the county of seizure about the | 16 |
| seizure.
| 17 |
| In addition, any mobile or portable equipment used in the | 18 |
| commission of an
act which is in violation of Section 7g of the | 19 |
| Metropolitan Water Reclamation
District Act shall be subject to | 20 |
| seizure and forfeiture under the same
procedures provided in | 21 |
| this Article for the seizure and forfeiture of vessels,
| 22 |
| vehicles and aircraft, and any such equipment shall be deemed a | 23 |
| vessel, vehicle
or aircraft for purposes of this Article.
| 24 |
| When a person discharges a firearm at another individual | 25 |
| from a vehicle with
the knowledge and consent of the owner of | 26 |
| the vehicle and with the intent to
cause death or great bodily | 27 |
| harm to that individual and as a result causes
death or great | 28 |
| bodily harm to that individual, the vehicle shall be subject to
| 29 |
| seizure and forfeiture under the same procedures provided in | 30 |
| this Article for
the seizure and forfeiture of vehicles used in | 31 |
| violations of clauses (a), (b),
(c), or (d) of this Section.
| 32 |
| If the spouse of the owner of a vehicle seized for
an | 33 |
| offense described in subsection (g) of Section 6-303 of the
| 34 |
| Illinois Vehicle Code,
a violation of
subdivision (c-1)(1), | 35 |
| (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D)
of Section 11-501 | 36 |
| of the Illinois Vehicle
Code, or Section 9-3 of this
Code makes |
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| a showing
that the seized vehicle is the only source of | 2 |
| transportation and it is
determined that the financial hardship | 3 |
| to the family as a result of the seizure
outweighs the benefit | 4 |
| to the State from the seizure, the vehicle may be
forfeited to | 5 |
| the spouse or family member and the title to the vehicle shall | 6 |
| be
transferred to the spouse or family member who is properly | 7 |
| licensed and who
requires the use of the vehicle for employment | 8 |
| or family transportation
purposes. A written declaration of | 9 |
| forfeiture of a vehicle under this
Section shall be sufficient | 10 |
| cause for the title to be transferred to the spouse
or family | 11 |
| member. The provisions of this paragraph shall apply only to | 12 |
| one
forfeiture per vehicle. If the vehicle is the subject of a | 13 |
| subsequent
forfeiture proceeding by virtue of a subsequent | 14 |
| conviction of either spouse or
the family member, the spouse or | 15 |
| family member to whom the vehicle was
forfeited under the first | 16 |
| forfeiture proceeding may not utilize the
provisions of this | 17 |
| paragraph in another forfeiture proceeding. If the owner of
the | 18 |
| vehicle seized owns more than one vehicle,
the procedure set | 19 |
| out in this paragraph may be used for only one vehicle.
| 20 |
| Property declared contraband under Section 40 of the | 21 |
| Illinois Streetgang
Terrorism Omnibus Prevention Act may be | 22 |
| seized and forfeited under this
Article.
| 23 |
| (Source: P.A. 92-57, eff. 1-1-02; 92-688, eff. 7-16-02; 93-187, | 24 |
| eff.
7-11-03.)
|
|