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| Public Act 094-0110 |
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AN ACT concerning transportation.
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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 | ||||
Section 11-501 as follows: | ||||
(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, | ||||
other drug or
drugs, intoxicating compound or compounds or any | ||||
combination thereof.
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(a) A person shall not drive or be in actual
physical | ||||
control of any vehicle within this State while:
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(1) the alcohol concentration in the person's blood or | ||||
breath is 0.08
or more based on the definition of blood and | ||||
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 | ||||
combination of
intoxicating compounds to a degree that | ||||
renders the person incapable of
driving safely;
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(4) under the influence of any other drug or | ||||
combination of drugs to a
degree that renders the person | ||||
incapable of safely driving;
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(5) under the combined influence of alcohol, other drug | ||||
or drugs, or
intoxicating compound or compounds to a degree | ||||
that renders the person
incapable of safely driving; or
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(6) there is any amount of a drug, substance, or | ||||
compound in the
person's breath, blood, or urine resulting | ||||
from the unlawful use or consumption
of cannabis listed in | ||||
the Cannabis Control Act, a controlled substance listed
in | ||||
the Illinois Controlled Substances Act, or an intoxicating | ||||
compound listed
in the Use of Intoxicating Compounds Act.
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(b) The fact that any person charged with violating this | ||||
Section is or
has been legally entitled to use alcohol, other | ||||
drug or drugs, or
intoxicating compound or compounds, or any
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combination thereof, shall not constitute a defense against any | ||
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 | ||
(a) or a similar
provision includes any violation of a | ||
provision of a local ordinance or a
provision of a law of | ||
another state that is similar to a violation of
subsection | ||
(a) of this Section.
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(2) Any penalty imposed for driving with a license that | ||
has been revoked
for a previous violation of subsection (a) | ||
of this Section shall be in
addition to the penalty imposed | ||
for any subsequent violation of subsection (a).
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(b-2) Except as otherwise provided in this Section, any | ||
person convicted of
violating subsection (a) of this Section is | ||
guilty of a Class A misdemeanor.
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(b-3) In addition to any other criminal or administrative | ||
sanction for any
second conviction of violating subsection (a) | ||
or a similar provision committed
within 5 years of a previous | ||
violation of subsection (a) or a similar
provision, the | ||
defendant shall be sentenced to a mandatory minimum of 5 days | ||
of
imprisonment or assigned a mandatory minimum of 240 hours of | ||
community service
as may be determined by the court.
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(b-4) In the case of a third or subsequent violation | ||
committed within 5
years of a previous violation of subsection | ||
(a) or a similar provision, in
addition to any other criminal | ||
or administrative sanction, a mandatory minimum
term of either | ||
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 | ||
under subsections
(b-3) and (b-4) shall not be subject to | ||
suspension, nor shall the person be
eligible for a reduced | ||
sentence.
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(c) (Blank).
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(c-1) (1) A person who violates subsection (a)
during
a | ||
period in which his
or her driving privileges are revoked | ||
or suspended, where the revocation or
suspension was for a | ||
violation of subsection (a), Section
11-501.1, paragraph | ||
(b)
of Section 11-401, or for reckless homicide as defined | ||
in Section 9-3 of
the Criminal Code of 1961 is guilty of a
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Class 4 felony.
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(2) A person who violates subsection (a) a third
time, | ||
if the third violation occurs during a period in
which his | ||
or her driving privileges are revoked or suspended where | ||
the
revocation
or suspension was for a violation of | ||
subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||
11-401, or for reckless homicide as defined in Section 9-3
| ||
of the Criminal Code of 1961, is guilty of
a Class 3 | ||
felony.(2.1) A person who violates subsection (a) a third | ||
time, if the third
violation occurs during a period in | ||
which his or her driving privileges are
revoked or | ||
suspended where the revocation or suspension was for a | ||
violation of
subsection (a), Section 11-501.1, subsection | ||
(b) of Section 11-401, or for
reckless homicide as defined | ||
in Section
9-3 of the Criminal Code of 1961, is guilty of a | ||
Class 3 felony; and if the
person receives a term of
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probation or conditional discharge, he or she shall be | ||
required to serve a
mandatory
minimum of 10 days of | ||
imprisonment or shall be assigned a mandatory minimum of
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480 hours of community service, as may be determined by the | ||
court, as a
condition of the probation or conditional | ||
discharge. This mandatory minimum
term of imprisonment or | ||
assignment of community service shall not 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 | ||
driving privileges are
revoked or suspended where the | ||
revocation or suspension was for a violation of
subsection | ||
(a) or Section 11-501.1, shall also be sentenced to an | ||
additional
mandatory minimum term of 30 consecutive days of | ||
imprisonment, 40 days of
24-hour periodic imprisonment, or | ||
720 hours of community service, as may be
determined by the | ||
court. This mandatory term of imprisonment or assignment of
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community service shall not be suspended or reduced by the | ||
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 | ||
occurs
during a period in which his
or her driving | ||
privileges are revoked or suspended where the revocation
or | ||
suspension was for a violation of subsection (a),
Section | ||
11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||
homicide as defined in
Section 9-3
of
the Criminal Code of | ||
1961, is guilty of
a Class 2 felony and is not eligible for | ||
a sentence of 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) Except as provided in subsection (c-5.1), a
A person | ||
21 years of age or older who violates subsection (a), if the | ||
person was transporting
a person under the age of 16 at the | ||
time of the violation, is subject to 6 months of imprisonment, | ||
an
additional mandatory minimum fine of $1,000, and 25 days
an | ||
additional mandatory minimum
140 hours of community service, | ||
which shall include 40 hours of community
service in a program | ||
benefiting children, and an additional 2 days of
imprisonment. | ||
The imprisonment or assignment of community service under this
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subsection (c-5) is not subject to suspension, nor is the | ||
person eligible for
a reduced sentence.
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(c-5.1) A person 21 years of age or older who is convicted | ||
of violating subsection (a) of this Section
a
first time and | ||
who in committing that violation was involved in a motor | ||
vehicle
accident that resulted in bodily harm to the child | ||
under the age of 16 being
transported by the person, if the | ||
violation was the proximate cause of the
injury, is guilty of a | ||
Class 4 felony and is subject to one year of
imprisonment,
a | ||
mandatory fine of $2,500, and 25 days of community service in a | ||
program
benefiting children. The imprisonment or assignment to | ||
community service under
this subsection (c-5.1) shall not be | ||
subject to suspension, nor shall the person be
eligible for | ||
probation in order to reduce the sentence or assignment.
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(c-6) Except as provided in subsections (c-7) and (c-7.1),
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(c-8) a person 21 years of age or older who
violates
subsection | ||
(a) a second time, if at the time of
the second violation the | ||
person was transporting a person under the age of 16,
is | ||
subject to 6 months
an additional 10 days of imprisonment, an | ||
additional mandatory
minimum fine of $1,000, and an additional | ||
mandatory minimum 140 hours of
community service, which shall | ||
include 40 hours of community service in a
program benefiting | ||
children.
The imprisonment or assignment of community service | ||
under this subsection (c-6)
is not subject to suspension, nor | ||
is the person eligible for a reduced
sentence.
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(c-7) Except as provided in subsection (c-7.1)
(c-8), any | ||
person 21 years of age or older convicted of
violating | ||
subsection (c-6) or a similar
provision within 10 years of a | ||
previous violation of subsection (a) or a
similar provision is | ||
guilty of a Class 4 felony and
shall receive, in addition to | ||
any other penalty imposed, is subject to one year of
a
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mandatory minimum 12 days
imprisonment, 25 days
an additional | ||
40 hours of mandatory
community service in a program benefiting | ||
children, and a mandatory minimum
fine of $2,500
$1,750. The | ||
imprisonment or assignment of community service under this
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subsection (c-7) is not subject to suspension, nor is the | ||
person
eligible for a reduced sentence.
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(c-7.1) A person 21 years of age or older who is convicted | ||
of violating subsection (a) of this Section
a
second time | ||
within 10 years and who in committing that violation was | ||
involved
in a motor vehicle accident that resulted in bodily | ||
harm to the child under the
age of 16 being transported, if the | ||
violation was the proximate cause of the
injury, is guilty of a | ||
Class 4 felony and is subject to 18 months of
imprisonment, a
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mandatory fine of $5,000, and 25 days of community service in a | ||
program
benefiting
children. The imprisonment or assignment to | ||
community service under this
subsection
(c-7.1) shall not be | ||
subject to suspension, nor shall the person be eligible for
| ||
probation in order
to reduce the sentence or assignment.
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(c-8) (Blank).
Any person convicted of violating | ||
subsection (c-6) or a similar
provision within 5 years of a | ||
previous violation of subsection (a) or a similar
provision | ||
shall receive, in addition to any other penalty imposed, an
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additional 80 hours of mandatory community service in a program | ||
benefiting
children, an additional mandatory minimum 12 days of | ||
imprisonment, and a
mandatory minimum fine of $1,750. The | ||
imprisonment or assignment of community
service under this | ||
subsection (c-8) is not subject to suspension, nor
is the
| ||
person eligible for a reduced sentence.
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(c-9) Any person 21 years of age or older convicted a | ||
third time for violating subsection (a) or a
similar provision, | ||
if at the time of the third violation the person was
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transporting a person under the age of 16, is guilty of a Class | ||
4 felony and is subject to 18 months of imprisonment, a
shall
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receive, in addition to any other
penalty imposed, an | ||
additional mandatory fine of $2,500, and 25 days
$1,000, an | ||
additional
mandatory 140 hours of community service, which | ||
shall include 40 hours in a
program benefiting children, and a | ||
mandatory minimum 30 days of imprisonment.
The imprisonment or | ||
assignment of community service under this subsection (c-9)
is | ||
not subject to suspension, nor is the person eligible for a | ||
reduced
sentence.
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(c-10) Any person 21 years of age or older convicted of | ||
violating subsection (c-9) or a similar
provision a third time | ||
within 20 years of a previous violation of subsection
(a) or a
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similar provision is guilty of a Class 3
Class 4 felony and | ||
shall receive, in addition
to any other penalty imposed, is | ||
subject to 3 years of imprisonment, 25 days
an additional | ||
mandatory 40 hours of community
service in a program benefiting | ||
children, and a
an additional mandatory fine of
$25,000
$3000, | ||
and a mandatory minimum 120 days of imprisonment. The | ||
imprisonment or
assignment of community service under this | ||
subsection (c-10) is not subject to
suspension, nor is the | ||
person eligible for a reduced sentence.
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(c-11) Any person 21 years of age or older convicted a | ||
fourth or subsequent time for violating
subsection (a) or a | ||
similar provision, if at the time of the fourth or
subsequent | ||
violation the person was transporting a person under the age of | ||
16,
and if the person's 3 prior violations of subsection (a) or | ||
a similar provision
occurred while transporting a person under | ||
the age of 16 or while the alcohol
concentration in his or her | ||
blood, breath, or urine was 0.16 or more based
on the | ||
definition of blood, breath, or urine units in Section | ||
11-501.2, is
guilty of a Class 2 felony, is not eligible for | ||
probation or conditional
discharge, and is subject to a minimum | ||
fine of $25,000
$3,000.
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(c-12) Any person convicted of a first violation of | ||
subsection (a) or a
similar provision, if the alcohol | ||
concentration in his or her blood, breath, or
urine was 0.16 or | ||
more based on the definition of blood, breath, or urine
units | ||
in Section 11-501.2, shall be subject, in addition to any other | ||
penalty
that may be imposed, to a mandatory minimum of 100 | ||
hours of community service
and a mandatory minimum fine of | ||
$500.
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(c-13) Any person convicted of a second violation of | ||
subsection (a) or a similar provision committed within 10 years | ||
of a previous violation of subsection (a) or a similar | ||
provision committed within 10 years of a previous violation of | ||
subsection (a) or a similar provision, if at the time of the | ||
second violation of subsection (a) or a similar provision the
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alcohol concentration in his or her blood, breath, or urine was | ||
0.16 or more
based on the definition of blood, breath, or urine | ||
units in Section 11-501.2,
shall be
subject, in addition to any | ||
other penalty that may be imposed, to a mandatory
minimum of 2 | ||
days of imprisonment and a mandatory minimum fine of $1,250.
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(c-14) Any person convicted of a third violation of | ||
subsection (a) or a
similar provision within 20 years of a | ||
previous violation of subsection (a) or
a
similar provision, if | ||
at the time of the third violation of subsection (a) or a
| ||
similar provision the alcohol concentration in his or her | ||
blood, breath, or
urine was 0.16 or more based on the | ||
definition of blood, breath, or urine units
in Section | ||
11-501.2, is guilty of a Class 4 felony and shall be subject, | ||
in
addition to any other penalty that may be imposed, to a | ||
mandatory minimum of
90 days of imprisonment and a mandatory | ||
minimum fine of $2,500.
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(c-15) Any person convicted of a fourth or subsequent | ||
violation of
subsection
(a) or a similar provision, if at the | ||
time of the fourth or subsequent
violation the alcohol | ||
concentration in his or her blood, breath, or urine was
0.16 or | ||
more based on the definition of blood, breath, or urine units | ||
in
Section 11-501.2, and if the person's 3 prior violations of | ||
subsection (a) or a
similar provision occurred while | ||
transporting a person under the age of 16 or
while the alcohol | ||
concentration in his or her blood, breath, or urine was 0.16
or | ||
more based on the definition of blood, breath, or urine units | ||
in Section
11-501.2, is guilty of a Class 2 felony and is not | ||
eligible for a sentence of
probation or conditional discharge | ||
and is subject to a minimum fine of
$2,500.
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(d) (1) Every person convicted of committing a violation of | ||
this Section
shall be guilty of aggravated driving under | ||
the influence of alcohol,
other drug or drugs, or | ||
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 | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
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(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
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(C) the person in committing a violation of | ||
subsection
(a) was
involved in a motor vehicle accident | ||
that resulted in great bodily harm or
permanent | ||
disability or disfigurement to another, when the | ||
violation was
a proximate cause of the injuries;
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(D) the person committed a violation of subsection | ||
(a)
for a
second time and has been previously convicted | ||
of violating Section 9-3 of the
Criminal Code of 1961 | ||
or a similar provision of a law of another state | ||
relating to reckless homicide in which the person was
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determined to have been under the influence of alcohol, | ||
other drug or
drugs, or intoxicating compound or | ||
compounds as an element of the offense or
the person | ||
has previously been convicted
under subparagraph (C) | ||
or subparagraph (F) of this paragraph (1);
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(E) the person, in committing a violation of | ||
subsection (a) while
driving at any speed in a school | ||
speed zone at a time when a speed limit of
20 miles per | ||
hour was in effect under subsection (a) of Section | ||
11-605 of
this Code, was involved in a motor vehicle | ||
accident that resulted in bodily
harm, other than great | ||
bodily harm or permanent disability or disfigurement,
| ||
to another person, when the violation of subsection (a) | ||
was a
proximate cause
of the bodily harm; or
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(F) the person, in committing a violation of | ||
subsection (a), was
involved in a motor vehicle, | ||
snowmobile, all-terrain vehicle, or watercraft
| ||
accident that resulted in
the death of another person, | ||
when the violation of subsection
(a) was
a proximate | ||
cause of the death.
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(2) Except as provided in this paragraph (2), a person | ||
convicted of
aggravated driving under
the
influence of | ||
alcohol, other drug or
drugs,
or intoxicating compound or | ||
compounds, or any
combination thereof is guilty of a Class | ||
4 felony. For a violation of
subparagraph (C)
of
paragraph | ||
(1) of this subsection (d), the defendant, if sentenced to | ||
a term
of imprisonment, shall be sentenced
to not less than
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one year nor more than 12 years.
Aggravated driving under | ||
the influence of alcohol, other drug or drugs,
or | ||
intoxicating compound or compounds, or any combination | ||
thereof as
defined in subparagraph (F) of paragraph (1) of | ||
this subsection (d) is
a Class 2 felony, for which the | ||
defendant, if sentenced to a term of
imprisonment, shall be | ||
sentenced to: (A) a
term of imprisonment of not less than 3 | ||
years and not more
than 14 years if the violation resulted | ||
in the death of one person; or
(B) a term of imprisonment | ||
of not less than 6 years and not
more than 28 years if the | ||
violation resulted in the deaths of 2 or more
persons.
For | ||
any prosecution under this subsection
(d), a certified copy | ||
of the
driving abstract of the defendant shall be admitted | ||
as proof of any prior
conviction.
Any person sentenced | ||
under this subsection (d) who receives a term of
probation
| ||
or conditional discharge must serve a minimum term of | ||
either 480 hours of
community service or 10 days of | ||
imprisonment as a condition of the probation or
conditional | ||
discharge. This mandatory minimum term of imprisonment or
| ||
assignment of community service may not be suspended or | ||
reduced by the court.
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(e) After a finding of guilt and prior to any final | ||
sentencing, or an
order for supervision, for an offense based | ||
upon an arrest for a
violation of this Section or a similar | ||
provision of a local ordinance,
individuals shall be required | ||
to undergo a professional evaluation to
determine if an | ||
alcohol, drug, or intoxicating compound abuse problem exists
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and the
extent of the problem, and undergo the imposition of | ||
treatment as appropriate.
Programs conducting these | ||
evaluations shall be
licensed by the Department of Human | ||
Services. The cost of any professional
evaluation shall be paid | ||
for by the
individual
required to undergo the professional | ||
evaluation.
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(e-1) Any person who is found guilty of or pleads guilty to | ||
violating this
Section, including any person receiving a | ||
disposition of court supervision for
violating this Section, | ||
may be required by the Court to attend a victim
impact panel | ||
offered by, or under contract with, a County State's Attorney's
| ||
office, a probation and court services department, Mothers | ||
Against Drunk
Driving,
or the Alliance Against Intoxicated | ||
Motorists.
All costs generated by
the victim impact panel shall | ||
be paid from fees collected from the
offender or as may be | ||
determined by the court.
| ||
(f) Every person found guilty of violating this Section, | ||
whose
operation of a motor vehicle while in violation of this | ||
Section proximately
caused any incident resulting in an | ||
appropriate emergency response, shall
be liable for the expense | ||
of an emergency response as provided under
Section 5-5-3 of the | ||
Unified Code of Corrections.
| ||
(g) The Secretary of State shall revoke the driving | ||
privileges of any
person convicted under this Section or a | ||
similar provision of a local
ordinance.
| ||
(h) (Blank).
| ||
(i) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by an | ||
individual who has been convicted of a
second
or subsequent | ||
offense of this Section or a similar provision of a local
| ||
ordinance. The Secretary shall establish by rule and regulation | ||
the procedures
for certification and use of the interlock | ||
system.
| ||
(j) In addition to any other penalties and liabilities, a | ||
person who is
found guilty of or pleads guilty to violating | ||
subsection (a), including any
person placed on court | ||
supervision for violating subsection (a), shall be fined
$500, | ||
payable to the
circuit clerk, who shall distribute the money as | ||
follows: 20% to the law enforcement agency
that made the arrest | ||
and 80% shall be forwarded to the State Treasurer for deposit | ||
into the General Revenue Fund. If the person has been | ||
previously convicted of violating
subsection (a) or a similar | ||
provision of a local
ordinance, the fine shall be
$1,000. In | ||
the event that more than one agency is responsible
for the | ||
arrest, the amount payable to law enforcement agencies shall be | ||
shared equally. Any moneys received
by a law
enforcement agency | ||
under this subsection (j) shall be used to purchase law
| ||
enforcement equipment that will assist in the prevention of | ||
alcohol related
criminal violence throughout the State. This | ||
shall include, but is not limited
to, in-car video cameras, | ||
radar and laser speed detection devices, and alcohol
breath | ||
testers.
Any moneys received by the Department of State Police | ||
under this subsection
(j) shall be deposited into the State | ||
Police DUI Fund and shall be used to
purchase law enforcement | ||
equipment that will assist in the prevention of
alcohol related | ||
criminal violence throughout the State.
| ||
(k) The Secretary of State Police DUI Fund is created as a | ||
special
fund in the State treasury. All moneys received by the | ||
Secretary of State
Police under subsection (j) of this Section | ||
shall be deposited into the
Secretary of State Police DUI Fund | ||
and, subject to appropriation, shall be
used to purchase law | ||
enforcement equipment to assist in the prevention of
alcohol | ||
related criminal violence throughout the State.
| ||
(l) Whenever an individual is sentenced for an offense | ||
based upon an
arrest for a violation of subsection (a) or a | ||
similar provision of a local
ordinance, and the professional | ||
evaluation recommends remedial or
rehabilitative treatment or | ||
education, neither the treatment nor the education
shall be the | ||
sole disposition and either or both may be imposed only in
| ||
conjunction with another disposition. The court shall monitor | ||
compliance with
any remedial education or treatment | ||
recommendations contained in the
professional evaluation. | ||
Programs conducting alcohol or other drug evaluation
or | ||
remedial education must be licensed by the Department of Human | ||
Services. If
the individual is not a resident of Illinois, | ||
however, the court may accept an
alcohol or other drug | ||
evaluation or remedial education program in the
individual's | ||
state of residence. Programs providing treatment must be | ||
licensed
under existing applicable alcoholism and drug | ||
treatment licensure standards.
| ||
(m) In addition to any other fine or penalty required by | ||
law, an individual
convicted of a violation of subsection (a), | ||
Section 5-7 of the Snowmobile
Registration and Safety Act, | ||
Section 5-16 of the Boat Registration and Safety
Act, or a | ||
similar provision, whose operation of a motor vehicle, | ||
snowmobile, or
watercraft while in
violation of subsection (a), | ||
Section 5-7 of the Snowmobile Registration and
Safety Act, | ||
Section 5-16 of the Boat Registration and Safety Act, or a | ||
similar
provision proximately caused an incident resulting in | ||
an appropriate emergency
response, shall be required to make | ||
restitution to a public agency for the
costs of that emergency | ||
response. The restitution may not exceed $1,000 per
public | ||
agency for each emergency response. As used in this subsection | ||
(m),
"emergency response" means any incident requiring a | ||
response by a police
officer, a firefighter carried on the | ||
rolls of a regularly constituted fire
department, or an | ||
ambulance.
| ||
(Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; | ||
92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; | ||
92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff. | ||
7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, | ||
eff. 1-1-05; 93-840, eff. 7-30-04; revised 10-21-04.)
| ||