State of Illinois
90th General Assembly
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90_SB0456

      625 ILCS 5/11-501         from Ch. 95 1/2, par. 11-501
          Amends the Illinois Vehicle  Code  to  make  a  technical
      change  to  a  provision  concerning  driving while under the
      influence of alcohol or drugs.
                                                     LRB9002852NTsb
                                               LRB9002852NTsb
 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Section 11-501.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 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        (Text of Section before amendment by P.A. 89-507)
 9        Sec.  11-501.   Driving  while  under  the  influence  of
10    alcohol, other drug, or combination of both.
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 0.10 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  other  drug  or
18        combination  of drugs to a degree that renders the person
19        incapable of safely driving;
20             (4)  under the combined influence of alcohol and any
21        other drug or drugs to a degree that renders  the  person
22        incapable of safely driving; or
23             (5)  there  is  any  amount of a drug, substance, or
24        compound in the person's blood or  urine  resulting  from
25        the unlawful use or consumption of cannabis listed in the
26        Cannabis Control Act, or a controlled substance listed in
27        the Illinois Controlled Substances Act.
28        (b)  The fact that any person charged with violating this
29    Section  is  or  has been legally entitled to use alcohol, or
30    other  drugs,  or  any  combination  of  both,    shall   not
31    constitute  a  defense  against  any charge of violating this
                            -2-                LRB9002852NTsb
 1    Section.
 2        (c)  Except as provided under paragraphs (c-3) and (d) of
 3    this  Section,  every  person  convicted  of  violating  this
 4    Section or a similar provision of a local ordinance, is shall
 5    be guilty of a Class A misdemeanor and, in  addition  to  any
 6    other  criminal  or  administrative  action,  for  any second
 7    conviction of violating this Section or a  similar  provision
 8    of a law of another state or local ordinance committed within
 9    5  years of a previous violation of this Section or a similar
10    provision of a local ordinance shall be mandatorily sentenced
11    to a minimum of  48  consecutive  hours  of  imprisonment  or
12    assigned  to  a  minimum of 100 hours of community service as
13    may be determined by the court.  Every  person  convicted  of
14    violating  this  Section  or  a  similar provision of a local
15    ordinance shall be subject to a  mandatory  minimum  fine  of
16    $500 and a mandatory 5 days of community service in a program
17    benefiting  children  if  the person committed a violation of
18    paragraph (a) or a similar provision  of  a  local  ordinance
19    while  transporting  a  person  under  age  16.  Every person
20    convicted a second time  for  violating  this  Section  or  a
21    similar  provision  of  a local ordinance within 5 years of a
22    previous violation of this Section or a similar provision  of
23    a law of another state or local ordinance shall be subject to
24    a  mandatory  minimum  fine  of $500 and 10 days of mandatory
25    community service in a program  benefiting  children  if  the
26    current  offense  was  committed  while transporting a person
27    under age 16.  The  imprisonment  or  assignment  under  this
28    subsection  shall  not be subject to suspension nor shall the
29    person be eligible for  probation  in  order  to  reduce  the
30    sentence or assignment.
31        (c-1)  A person who violates this Section during a period
32    in  which  his  or  her  driving  privileges  are  revoked or
33    suspended, where the  revocation  or  suspension  was  for  a
34    violation  of  this Section or Section 11-501.1 shall, unless
                            -3-                LRB9002852NTsb
 1    sentenced to a  term of imprisonment in the penitentiary,  in
 2    addition  to  any other criminal or administrative action, be
 3    sentenced to  a  minimum  term  of  30  consecutive  days  of
 4    imprisonment, 40 days of 24 hour periodic imprisonment or 720
 5    hours  of  community  service,  as  may  be determined by the
 6    court.   This  mandatory  minimum  term  of  imprisonment  or
 7    assignment of community service shall not  be  suspended  and
 8    shall not be subject to reduction by the court.
 9        (c-2)  (Blank).
10        (c-3)  Every  person  convicted of violating this Section
11    or a similar provision of a local ordinance who had  a  child
12    under  age 16 in the vehicle at the time of the offense shall
13    have his or her punishment under this Act enhanced by 2  days
14    of  imprisonment for a first offense, 10 days of imprisonment
15    for a second offense, 30 days of  imprisonment  for  a  third
16    offense,  and  90  days  of  imprisonment  for  a  fourth  or
17    subsequent  offense,  in  addition  to the fine and community
18    service  required  under  subsection  (c)  and  the  possible
19    imprisonment required under subsection (d).  The imprisonment
20    or assignment under this subsection shall not be  subject  to
21    suspension  nor shall the person be eligible for probation in
22    order to reduce the sentence or assignment.
23        (d) (1)  Every person convicted of committing a violation
24    of this Section shall be guilty of aggravated  driving  under
25    the  influence  of  alcohol or drugs or a combination of both
26    if:
27             (A)  the  person  committed  a  violation  of   this
28        Section, or a similar provision of a law of another state
29        or a local ordinance when the cause of action is the same
30        as  or  substantially  similar  to  this Section, for the
31        third or subsequent time;
32             (B)  the person committed a violation  of  paragraph
33        (a) while driving a school bus with children on board;
34             (C)  the   person   in  committing  a  violation  of
                            -4-                LRB9002852NTsb
 1        paragraph (a) was involved in a  motor  vehicle  accident
 2        that   resulted   in   great  bodily  harm  or  permanent
 3        disability  or  disfigurement  to   another,   when   the
 4        violation was a proximate cause of the injuries; or
 5             (D)  the  person  committed a violation of paragraph
 6        (a) for a second time and has been  previously  convicted
 7        of  violating  Section  9-3  of the Criminal Code of 1961
 8        relating to reckless homicide in  which  the  person  was
 9        determined to have been under the influence of alcohol or
10        any  other  drug or drugs as an element of the offense or
11        the  person   has   previously   been   convicted   under
12        subparagraph (C) of this paragraph (1).
13        (2)  Aggravated driving under the influence of alcohol or
14    drugs  or a combination of both is a Class 4 felony for which
15    a person, if sentenced to a term of  imprisonment,  shall  be
16    sentenced to not less than one year and not more than 3 years
17    for  a violation of subparagraph (A), (B) or (D) of paragraph
18    (1) of this subsection (d) and not less than one year and not
19    more than 12 years for a violation  of  subparagraph  (C)  of
20    paragraph (1) of this subsection (d).
21        (e)  After  a  finding  of  guilt  and prior to any final
22    sentencing, or an order for supervision, for an offense based
23    upon an arrest for a violation of this Section or  a  similar
24    provision of a local ordinance, individuals shall be required
25    to  undergo  a  professional  evaluation  to  determine if an
26    alcohol or other drug abuse problem exists and the extent  of
27    the  problem.  Programs conducting these evaluations shall be
28    licensed by the Department of Alcoholism and Substance Abuse.
29    The cost of any professional evaluation shall be paid for  by
30    the   individual   required   to   undergo  the  professional
31    evaluation.
32        (f)  Every person found guilty of violating this Section,
33    whose operation of a motor vehicle while in violation of this
34    Section proximately  caused  any  incident  resulting  in  an
                            -5-                LRB9002852NTsb
 1    appropriate  emergency  response,  shall  be  liable  for the
 2    expense of an emergency response as  provided  under  Section
 3    5-5-3 of the Unified Code of Corrections.
 4        (g)  The  Secretary  of  State  shall  revoke the driving
 5    privileges of any person convicted under this  Section  or  a
 6    similar provision of a local ordinance.
 7        (h)  Every  person sentenced under subsection (d) of this
 8    Section and who receives a term of probation  or  conditional
 9    discharge shall be required to serve a minimum term of either
10    30  days  community  service  or,  beginning July 1, 1993, 48
11    consecutive hours of  imprisonment  as  a  condition  of  the
12    probation  or  conditional discharge.  This mandatory minimum
13    term of imprisonment or assignment of community service shall
14    not be suspended and shall not be subject to reduction by the
15    court.
16        (i)  The Secretary  of  State  shall  establish  a  pilot
17    program  to  test  the  effectiveness  of  ignition interlock
18    device requirements upon individuals who have  been  arrested
19    for  a  second  or  subsequent  offense of this Section.  The
20    Secretary  shall  establish  by  rule  and   regulation   the
21    population and procedures for use of the interlock system.
22    (Source: P.A.  88-45;  88-238;  88-433; 88-670, eff. 12-2-94;
23    88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
24    89-203, eff. 7-21-95; 89-626, eff. 8-9-96.)
25        (Text of Section after amendment by P.A. 89-507)
26        Sec.  11-501.   Driving  while  under  the  influence  of
27    alcohol, other drug, or combination of both.
28        (a)  A person shall not drive or be  in  actual  physical
29    control of any vehicle within this State while:
30             (1)  the alcohol concentration in the person's blood
31        or  breath  is  0.10  or  more based on the definition of
32        blood and breath units in Section 11-501.2;
33             (2)  under the influence of alcohol;
34             (3)  under  the  influence  of  any  other  drug  or
                            -6-                LRB9002852NTsb
 1        combination of drugs to a degree that renders the  person
 2        incapable of safely driving;
 3             (4)  under the combined influence of alcohol and any
 4        other  drug  or drugs to a degree that renders the person
 5        incapable of safely driving; or
 6             (5)  there is any amount of a  drug,  substance,  or
 7        compound  in  the  person's blood or urine resulting from
 8        the unlawful use or consumption of cannabis listed in the
 9        Cannabis Control Act, or a controlled substance listed in
10        the Illinois Controlled Substances Act.
11        (b)  The fact that any person charged with violating this
12    Section is or has been legally entitled to  use  alcohol,  or
13    other   drugs,   or  any  combination  of  both,   shall  not
14    constitute a defense against any  charge  of  violating  this
15    Section.
16        (c)  Except as provided under paragraphs (c-3) and (d) of
17    this  Section,  every  person  convicted  of  violating  this
18    Section or a similar provision of a local ordinance, is shall
19    be  guilty  of  a Class A misdemeanor and, in addition to any
20    other criminal  or  administrative  action,  for  any  second
21    conviction  of  violating this Section or a similar provision
22    of a law of another state or local ordinance committed within
23    5 years of a previous violation of this Section or a  similar
24    provision of a local ordinance shall be mandatorily sentenced
25    to  a  minimum  of  48  consecutive  hours of imprisonment or
26    assigned to a minimum of 100 hours of  community  service  as
27    may  be  determined  by the court.  Every person convicted of
28    violating this Section or a  similar  provision  of  a  local
29    ordinance  shall  be  subject  to a mandatory minimum fine of
30    $500 and a mandatory 5 days of community service in a program
31    benefiting children if the person committed  a  violation  of
32    paragraph  (a)  or  a  similar provision of a local ordinance
33    while transporting a  person  under  age  16.   Every  person
34    convicted  a  second  time  for  violating  this Section or a
                            -7-                LRB9002852NTsb
 1    similar provision of a local ordinance within 5  years  of  a
 2    previous  violation of this Section or a similar provision of
 3    a law of another state or local ordinance shall be subject to
 4    a mandatory minimum fine of $500 and  10  days  of  mandatory
 5    community  service  in  a  program benefiting children if the
 6    current offense was committed  while  transporting  a  person
 7    under  age  16.   The  imprisonment  or assignment under this
 8    subsection shall not be subject to suspension nor  shall  the
 9    person  be  eligible  for  probation  in  order to reduce the
10    sentence or assignment.
11        (c-1)  A person who violates this Section during a period
12    in which  his  or  her  driving  privileges  are  revoked  or
13    suspended,  where  the  revocation  or  suspension  was for a
14    violation of this Section or Section 11-501.1  shall,  unless
15    sentenced  to a  term of imprisonment in the penitentiary, in
16    addition to any other criminal or administrative  action,  be
17    sentenced  to  a  minimum  term  of  30  consecutive  days of
18    imprisonment, 40 days of 24 hour periodic imprisonment or 720
19    hours of community service,  as  may  be  determined  by  the
20    court.   This  mandatory  minimum  term  of  imprisonment  or
21    assignment  of  community  service shall not be suspended and
22    shall not be subject to reduction by the court.
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
                            -8-                LRB9002852NTsb
 1    suspension nor shall the person be eligible for probation  in
 2    order to reduce the sentence or assignment.
 3        (d) (1)  Every person convicted of committing a violation
 4    of  this  Section shall be guilty of aggravated driving under
 5    the influence of alcohol or drugs or a  combination  of  both
 6    if:
 7             (A)  the   person  committed  a  violation  of  this
 8        Section, or a similar provision of a law of another state
 9        or a local ordinance when the cause of action is the same
10        as or substantially similar  to  this  Section,  for  the
11        third or subsequent time;
12             (B)  the  person  committed a violation of paragraph
13        (a) while driving a school bus with children on board;
14             (C)  the  person  in  committing  a   violation   of
15        paragraph  (a)  was  involved in a motor vehicle accident
16        that  resulted  in  great  bodily   harm   or   permanent
17        disability   or   disfigurement   to  another,  when  the
18        violation was a proximate cause of the injuries; or
19             (D)  the person committed a violation  of  paragraph
20        (a)  for  a second time and has been previously convicted
21        of violating Section 9-3 of the  Criminal  Code  of  1961
22        relating  to  reckless  homicide  in which the person was
23        determined to have been under the influence of alcohol or
24        any other drug or drugs as an element of the  offense  or
25        the   person   has   previously   been   convicted  under
26        subparagraph (C) of this paragraph (1).
27        (2)  Aggravated driving under the influence of alcohol or
28    drugs or a combination of both is a Class 4 felony for  which
29    a  person,  if  sentenced to a term of imprisonment, shall be
30    sentenced to not less than one year and not more than 3 years
31    for a violation of subparagraph (A), (B) or (D) of  paragraph
32    (1) of this subsection (d) and not less than one year and not
33    more  than  12  years  for a violation of subparagraph (C) of
34    paragraph (1) of this subsection (d).
                            -9-                LRB9002852NTsb
 1        (e)  After a finding of guilt  and  prior  to  any  final
 2    sentencing, or an order for supervision, for an offense based
 3    upon  an  arrest for a violation of this Section or a similar
 4    provision of a local ordinance, individuals shall be required
 5    to undergo a  professional  evaluation  to  determine  if  an
 6    alcohol  or other drug abuse problem exists and the extent of
 7    the problem.  Programs conducting these evaluations shall  be
 8    licensed  by  the  Department of Human Services.  The cost of
 9    any  professional  evaluation  shall  be  paid  for  by   the
10    individual required to undergo the professional evaluation.
11        (f)  Every person found guilty of violating this Section,
12    whose operation of a motor vehicle while in violation of this
13    Section  proximately  caused  any  incident  resulting  in an
14    appropriate emergency  response,  shall  be  liable  for  the
15    expense  of  an  emergency response as provided under Section
16    5-5-3 of the Unified Code of Corrections.
17        (g)  The Secretary of  State  shall  revoke  the  driving
18    privileges  of  any  person convicted under this Section or a
19    similar provision of a local ordinance.
20        (h)  Every person sentenced under subsection (d) of  this
21    Section  and  who receives a term of probation or conditional
22    discharge shall be required to serve a minimum term of either
23    30 days community service or,  beginning  July  1,  1993,  48
24    consecutive  hours  of  imprisonment  as  a  condition of the
25    probation or conditional discharge.  This  mandatory  minimum
26    term of imprisonment or assignment of community service shall
27    not be suspended and shall not be subject to reduction by the
28    court.
29        (i)  The  Secretary  of  State  shall  establish  a pilot
30    program to  test  the  effectiveness  of  ignition  interlock
31    device  requirements  upon individuals who have been arrested
32    for a second or subsequent  offense  of  this  Section.   The
33    Secretary   shall   establish  by  rule  and  regulation  the
34    population and procedures for use of the interlock system.
                            -10-               LRB9002852NTsb
 1    (Source: P.A. 88-45; 88-238; 88-433;  88-670,  eff.  12-2-94;
 2    88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
 3    89-203,  eff.  7-21-95;  89-507,  eff.  7-1-97;  89-626, eff.
 4    8-9-96.)
 5        Section 95.  No acceleration or delay.   Where  this  Act
 6    makes changes in a statute that is represented in this Act by
 7    text  that  is not yet or no longer in effect (for example, a
 8    Section represented by multiple versions), the  use  of  that
 9    text  does  not  accelerate or delay the taking effect of (i)
10    the changes made by this Act or (ii) provisions derived  from
11    any other Public Act.

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