|
|
||||
| Public Act 095-0149 |
||||
| ||||
| ||||
AN ACT concerning transportation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
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) | ||||
(Text of Section from P.A. 93-1093 and 94-963) | ||||
Sec. 11-501. Driving while under the influence of alcohol, | ||||
other drug or
drugs, intoxicating compound or compounds or any | ||||
combination thereof.
| ||||
(a) A person shall not drive or be in actual
physical | ||||
control of any vehicle within this State while:
| ||||
(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;
| ||||
(2) under the influence of alcohol;
| ||||
(3) under the influence of any intoxicating compound or | ||||
combination of
intoxicating compounds to a degree that | ||||
renders the person incapable of
driving safely;
| ||||
(4) under the influence of any other drug or | ||||
combination of drugs to a
degree that renders the person | ||||
incapable of safely driving;
| ||||
(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
| ||
(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.
| ||
(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
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
| ||
(b-1) With regard to penalties imposed under this Section:
| ||
(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.
| ||
(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).
| ||
(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.
| ||
(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.
| ||
(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
| ||
be imposed.
| ||
(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.
| ||
(c) (Blank).
| ||
(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
| ||
Class 4 felony.
| ||
(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; and if the
person receives a term of
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
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.
| ||
(2.2) A person who violates subsection (a), if the
| ||
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
| ||
community service shall not be suspended or reduced by the | ||
court.
| ||
(3) A person who violates subsection (a) a fourth or
| ||
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.
| ||
(c-2) (Blank).
| ||
(c-3) (Blank).
| ||
(c-4) (Blank).
| ||
(c-5)(1) A person 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 an
additional | ||
mandatory minimum fine of $1,000, 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 | ||
subdivision (c-5)(1) is not subject to suspension, nor is | ||
the person eligible for
a reduced sentence.
| ||
(2) Except as provided in subdivisions (c-5)(3) and | ||
(c-5)(4) a person 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 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 subdivision (c-5)(2)
is not | ||
subject to suspension, nor is the person eligible for a | ||
reduced
sentence.
| ||
(3) Except as provided in subdivision (c-5)(4), any | ||
person convicted of
violating subdivision (c-5)(2) or a | ||
similar
provision within 10 years of a previous violation | ||
of subsection (a) or a
similar provision shall receive, in | ||
addition to any other penalty imposed, a
mandatory minimum | ||
12 days imprisonment, an additional 40 hours of mandatory
| ||
community service in a program benefiting children, and a | ||
mandatory minimum
fine of $1,750. The imprisonment or | ||
assignment of community service under this subdivision | ||
(c-5)(3) is not subject to suspension, nor is the person
| ||
eligible for a reduced sentence.
| ||
(4) Any person convicted of violating subdivision | ||
(c-5)(2) 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
| ||
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 subdivision (c-5)(4)
is not subject to | ||
suspension, nor
is the
person eligible for a reduced | ||
sentence.
| ||
(5) Any person convicted a third time for violating | ||
subsection (a) or a
similar provision, if at the time of | ||
the third violation the person was
transporting a person | ||
under the age of 16, is guilty of a Class 4 felony and | ||
shall
receive, in addition to any other
penalty imposed, an | ||
additional mandatory fine of $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 | ||
subdivision (c-5)(5)
is not subject to suspension, nor is | ||
the person eligible for a reduced
sentence.
| ||
(6) Any person convicted of violating subdivision | ||
(c-5)(5) or a similar
provision a third time within 20 | ||
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, an | ||
additional mandatory 40 hours of community
service in a | ||
program benefiting children, an additional mandatory fine | ||
of
$3,000, and a mandatory minimum 120 days of | ||
imprisonment. The imprisonment or
assignment of community | ||
service under this subdivision (c-5)(6) is not subject to
| ||
suspension, nor is the person eligible for a reduced | ||
sentence.
| ||
(7) Any person 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 $3,000.
| ||
(c-6)(1) 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.
| ||
(2) 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, if at the time of the second 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,
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.
| ||
(3) 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.
| ||
(4) 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.
| ||
(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
| ||
thereof if:
| ||
(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
| ||
(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
| ||
(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;
| ||
(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
| ||
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);
| ||
(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
| ||
(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.
| ||
(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
| ||
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.
| ||
(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
| ||
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.
| ||
(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 in subsection (m) of this | ||
Section
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 for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law
enforcement equipment and | ||
commodities that will assist in the prevention of alcohol | ||
related
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations. Equipment and commodities | ||
shall include, but are 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 for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the
purchase of law enforcement equipment and | ||
commodities that will assist in the prevention of
alcohol | ||
related criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(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 for enforcement | ||
and prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law enforcement equipment and | ||
commodities to assist in the prevention of
alcohol related | ||
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(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. 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; 93-1093, eff. 3-29-05; 94-963, eff. | ||
6-28-06.)
| ||
(Text of Section from P.A. 94-110 and 94-963) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or
drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual
physical | ||
control of any vehicle within this State while:
| ||
(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;
| ||
(2) under the influence of alcohol;
| ||
(3) under the influence of any intoxicating compound or | ||
combination of
intoxicating compounds to a degree that | ||
renders the person incapable of
driving safely;
| ||
(4) under the influence of any other drug or | ||
combination of drugs to a
degree that renders the person | ||
incapable of safely driving;
| ||
(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
| ||
(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.
| ||
(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
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
| ||
(b-1) With regard to penalties imposed under this Section:
| ||
(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.
| ||
(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).
| ||
(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.
| ||
(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.
| ||
(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
| ||
be imposed.
| ||
(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.
| ||
(c) (Blank).
| ||
(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
| ||
Class 4 felony.
| ||
(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; and if the
person receives a term of
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
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.
| ||
(2.2) A person who violates subsection (a), if the
| ||
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
| ||
community service shall not be suspended or reduced by the | ||
court.
| ||
(3) A person who violates subsection (a) a fourth or
| ||
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.
| ||
(c-2) (Blank).
| ||
(c-3) (Blank).
| ||
(c-4) (Blank).
| ||
(c-5) Except as provided in subsection (c-5.1), 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 of | ||
community service in a program benefiting children. The | ||
imprisonment or assignment of community service under this
| ||
subsection (c-5) is not subject to suspension, nor is the | ||
person eligible for
a reduced sentence.
| ||
(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.
| ||
(c-6) Except as provided in subsections (c-7) and (c-7.1), | ||
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 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.
| ||
(c-7) Except as provided in subsection (c-7.1), 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, in addition to any other penalty imposed, | ||
is subject to one year of
imprisonment, 25 days of mandatory
| ||
community service in a program benefiting children, and a | ||
mandatory
fine of $2,500. The imprisonment or assignment of | ||
community service under this
subsection (c-7) is not subject to | ||
suspension, nor is the person
eligible for a reduced sentence.
| ||
(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
| ||
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.
| ||
(c-8) (Blank).
| ||
(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
transporting a | ||
person under the age of 16, is guilty of a Class 4 felony and is | ||
subject to 18 months of imprisonment, a mandatory fine of | ||
$2,500, and 25 days of community service in a
program | ||
benefiting children.
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.
| ||
(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
| ||
similar provision is guilty of a Class 3 felony and, in | ||
addition
to any other penalty imposed, is subject to 3 years of | ||
imprisonment, 25 days of community
service in a program | ||
benefiting children, and a mandatory fine of
$25,000. 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.
| ||
(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.
| ||
(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.
| ||
(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, if at the time of the second 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,
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.
| ||
(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.
| ||
(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.
| ||
(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
| ||
thereof if:
| ||
(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
| ||
(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
| ||
(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;
| ||
(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
| ||
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);
| ||
(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
| ||
(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.
| ||
(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
| ||
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.
| ||
(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
| ||
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.
| ||
(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 in subsection (m) of this | ||
Section
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 for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law
enforcement equipment and | ||
commodities that will assist in the prevention of alcohol | ||
related
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations. Equipment and commodities | ||
shall include, but are 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 for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the
purchase of law enforcement equipment and | ||
commodities that will assist in the prevention of
alcohol | ||
related criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(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 for enforcement | ||
and prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law enforcement equipment and | ||
commodities to assist in the prevention of
alcohol related | ||
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(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. 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; 94-110, eff. 1-1-06; 94-963, eff. | ||
6-28-06.)
| ||
(Text of Section from P.A. 94-113, 94-609, and 94-963) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or
drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual
physical | ||
control of any vehicle within this State while:
| ||
(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;
| ||
(2) under the influence of alcohol;
| ||
(3) under the influence of any intoxicating compound or | ||
combination of
intoxicating compounds to a degree that | ||
renders the person incapable of
driving safely;
| ||
(4) under the influence of any other drug or | ||
combination of drugs to a
degree that renders the person | ||
incapable of safely driving;
| ||
(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
| ||
(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.
| ||
(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
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
| ||
(b-1) With regard to penalties imposed under this Section:
| ||
(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.
| ||
(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).
| ||
(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.
| ||
(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.
| ||
(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
| ||
be imposed.
| ||
(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.
| ||
(c) (Blank).
| ||
(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
| ||
Class 4 felony.
| ||
(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
| ||
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
| ||
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.
| ||
(2.2) A person who violates subsection (a), if the
| ||
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
| ||
community service shall not be suspended or reduced by the | ||
court.
| ||
(3) A person who violates subsection (a) a fourth or
| ||
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.
| ||
(c-2) (Blank).
| ||
(c-3) (Blank).
| ||
(c-4) (Blank).
| ||
(c-5) A person 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 an
additional mandatory minimum | ||
fine of $1,000, 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
subsection (c-5) is not subject to | ||
suspension, nor is the person eligible for
a reduced sentence.
| ||
(c-6) Except as provided in subsections (c-7) and (c-8) a | ||
person 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 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.
| ||
(c-7) Except as provided in subsection (c-8), any person | ||
convicted of
violating subsection (c-6) or a similar
provision | ||
within 10 years of a previous violation of subsection (a) or a
| ||
similar provision shall receive, in addition to any other | ||
penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||
additional 40 hours of mandatory
community service in a program | ||
benefiting children, and a mandatory minimum
fine of $1,750. | ||
The imprisonment or assignment of community service under this
| ||
subsection (c-7) is not subject to suspension, nor is the | ||
person
eligible for a reduced sentence.
| ||
(c-8) 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
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.
| ||
(c-9) Any person convicted a third time for violating | ||
subsection (a) or a
similar provision, if at the time of the | ||
third violation the person was
transporting a person under the | ||
age of 16, is guilty of a Class 4 felony and shall
receive, in | ||
addition to any other
penalty imposed, an additional mandatory | ||
fine of $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.
| ||
(c-10) Any person 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
similar provision is | ||
guilty of a Class 4 felony and shall receive, in addition
to | ||
any other penalty imposed, an additional mandatory 40 hours of | ||
community
service in a program benefiting children, an | ||
additional mandatory fine of
$3,000, 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.
| ||
(c-11) Any person 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 $3,000.
| ||
(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.
| ||
(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) 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 2 days of | ||
imprisonment and a mandatory minimum fine of $1,250.
| ||
(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.
| ||
(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.
| ||
(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
| ||
thereof if:
| ||
(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
| ||
(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
| ||
(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;
| ||
(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
| ||
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);
| ||
(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
| ||
(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.
| ||
(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
| ||
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, unless the court determines that extraordinary | ||
circumstances exist and require probation, 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.
| ||
(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
| ||
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.
| ||
(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 in subsection (m) of this | ||
Section
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 for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law
enforcement equipment and | ||
commodities that will assist in the prevention of alcohol | ||
related
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations. Equipment and commodities | ||
shall include, but are 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 for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the
purchase of law enforcement equipment and | ||
commodities that will assist in the prevention of
alcohol | ||
related criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(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 for enforcement | ||
and prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law enforcement equipment and | ||
commodities to assist in the prevention of
alcohol related | ||
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(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. 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; 94-113, eff. 1-1-06; 94-609, eff. 1-1-06; | ||
94-963, eff. 6-28-06.)
| ||
(Text of Section from P.A. 94-114 and 94-963) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or
drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual
physical | ||
control of any vehicle within this State while:
| ||
(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;
| ||
(2) under the influence of alcohol;
| ||
(3) under the influence of any intoxicating compound or | ||
combination of
intoxicating compounds to a degree that | ||
renders the person incapable of
driving safely;
| ||
(4) under the influence of any other drug or | ||
combination of drugs to a
degree that renders the person | ||
incapable of safely driving;
| ||
(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
| ||
(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.
| ||
(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
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
| ||
(b-1) With regard to penalties imposed under this Section:
| ||
(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.
| ||
(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).
| ||
(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.
| ||
(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.
| ||
(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
| ||
be imposed.
| ||
(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.
| ||
(c) (Blank).
| ||
(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
| ||
Class 4 felony.
| ||
(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
| ||
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
| ||
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.
| ||
(2.2) A person who violates subsection (a), if the
| ||
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
| ||
community service shall not be suspended or reduced by the | ||
court.
| ||
(3) A person who violates subsection (a) a fourth or
| ||
fifth time, if the fourth or fifth
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.
| ||
(c-2) (Blank).
| ||
(c-3) (Blank).
| ||
(c-4) (Blank).
| ||
(c-5) A person 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 an
additional mandatory minimum | ||
fine of $1,000, 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
subsection (c-5) is not subject to | ||
suspension, nor is the person eligible for
a reduced sentence.
| ||
(c-6) Except as provided in subsections (c-7) and (c-8) a | ||
person 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 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.
| ||
(c-7) Except as provided in subsection (c-8), any person | ||
convicted of
violating subsection (c-6) or a similar
provision | ||
within 10 years of a previous violation of subsection (a) or a
| ||
similar provision shall receive, in addition to any other | ||
penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||
additional 40 hours of mandatory
community service in a program | ||
benefiting children, and a mandatory minimum
fine of $1,750. | ||
The imprisonment or assignment of community service under this
| ||
subsection (c-7) is not subject to suspension, nor is the | ||
person
eligible for a reduced sentence.
| ||
(c-8) 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
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.
| ||
(c-9) Any person convicted a third time for violating | ||
subsection (a) or a
similar provision, if at the time of the | ||
third violation the person was
transporting a person under the | ||
age of 16, is guilty of a Class 4 felony and shall
receive, in | ||
addition to any other
penalty imposed, an additional mandatory | ||
fine of $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.
| ||
(c-10) Any person 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
similar provision is | ||
guilty of a Class 4 felony and shall receive, in addition
to | ||
any other penalty imposed, an additional mandatory 40 hours of | ||
community
service in a program benefiting children, an | ||
additional mandatory fine of
$3,000, 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.
| ||
(c-11) Any person convicted a fourth or fifth
time for | ||
violating
subsection (a) or a similar provision, if at the time | ||
of the fourth or
fifth 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 $3,000.
| ||
(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.
| ||
(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) 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 2 days of | ||
imprisonment and a mandatory minimum fine of $1,250.
| ||
(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.
| ||
(c-15) Any person convicted of a fourth or fifth
violation | ||
of
subsection
(a) or a similar provision, if at the time of the | ||
fourth or fifth
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.
| ||
(c-16) Any person convicted of a sixth or subsequent | ||
violation of subsection (a) is guilty of a Class X felony.
| ||
(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
| ||
thereof if:
| ||
(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
| ||
(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
| ||
(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;
| ||
(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
| ||
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);
| ||
(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
| ||
(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.
| ||
(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
| ||
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.
| ||
(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
| ||
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.
| ||
(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 in subsection (m) of this | ||
Section
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 for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law
enforcement equipment and | ||
commodities that will assist in the prevention of alcohol | ||
related
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations. Equipment and commodities | ||
shall include, but are 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 for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the
purchase of law enforcement equipment and | ||
commodities that will assist in the prevention of
alcohol | ||
related criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(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 for enforcement | ||
and prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law enforcement equipment and | ||
commodities to assist in the prevention of
alcohol related | ||
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(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. 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; 94-114, eff. 1-1-06; 94-963, eff. | ||
6-28-06.)
| ||
(Text of Section from P.A. 94-116 and 94-963) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or
drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual
physical | ||
control of any vehicle within this State while:
| ||
(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;
| ||
(2) under the influence of alcohol;
| ||
(3) under the influence of any intoxicating compound or | ||
combination of
intoxicating compounds to a degree that | ||
renders the person incapable of
driving safely;
| ||
(4) under the influence of any other drug or | ||
combination of drugs to a
degree that renders the person | ||
incapable of safely driving;
| ||
(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
| ||
(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.
| ||
(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
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
| ||
(b-1) With regard to penalties imposed under this Section:
| ||
(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.
| ||
(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).
| ||
(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.
| ||
(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.
| ||
(b-4) In the case of a third violation committed within 5
| ||
years of a previous violation of subsection (a) or a similar | ||
provision, the defendant is guilty of a Class 2 felony, and 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
be imposed.
| ||
(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.
| ||
(c) (Blank).
| ||
(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
| ||
Class 4 felony.
| ||
(2) A person who violates subsection (a) a third
time | ||
is guilty of
a Class 2 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 2 felony; and if the
person receives a term of
| ||
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
| ||
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.
| ||
(2.2) A person who violates subsection (a), if the
| ||
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
| ||
community service shall not be suspended or reduced by the | ||
court.
| ||
(3) A person who violates subsection (a) a fourth time | ||
is guilty of
a Class 2 felony and is not eligible for a | ||
sentence of probation or
conditional discharge.
| ||
(4) A person who violates subsection (a) a fifth or | ||
subsequent time is guilty of a Class 1 felony and is not | ||
eligible for a sentence of probation or conditional | ||
discharge.
| ||
(c-2) (Blank).
| ||
(c-3) (Blank).
| ||
(c-4) (Blank).
| ||
(c-5) A person 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 an
additional mandatory minimum | ||
fine of $1,000, 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
subsection (c-5) is not subject to | ||
suspension, nor is the person eligible for
a reduced sentence.
| ||
(c-6) Except as provided in subsections (c-7) and (c-8) a | ||
person 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 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.
| ||
(c-7) Except as provided in subsection (c-8), any person | ||
convicted of
violating subsection (c-6) or a similar
provision | ||
within 10 years of a previous violation of subsection (a) or a
| ||
similar provision shall receive, in addition to any other | ||
penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||
additional 40 hours of mandatory
community service in a program | ||
benefiting children, and a mandatory minimum
fine of $1,750. | ||
The imprisonment or assignment of community service under this
| ||
subsection (c-7) is not subject to suspension, nor is the | ||
person
eligible for a reduced sentence.
| ||
(c-8) 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
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.
| ||
(c-9) Any person convicted a third time for violating | ||
subsection (a) or a
similar provision, if at the time of the | ||
third violation the person was
transporting a person under the | ||
age of 16, is guilty of a Class 2 felony and shall
receive, in | ||
addition to any other
penalty imposed, an additional mandatory | ||
fine of $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.
| ||
(c-10) Any person 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
similar provision is | ||
guilty of a Class 2 felony and shall receive, in addition
to | ||
any other penalty imposed, an additional mandatory 40 hours of | ||
community
service in a program benefiting children, an | ||
additional mandatory fine of
$3,000, 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.
| ||
(c-11) Any person convicted a fourth time for violating
| ||
subsection (a) or a similar provision, if at the time of the | ||
fourth 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 $3,000.
| ||
(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.
| ||
(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) 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 2 days of | ||
imprisonment and a mandatory minimum fine of $1,250.
| ||
(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 2 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.
| ||
(c-15) Any person convicted of a fourth
violation of
| ||
subsection
(a) or a similar provision, if at the time of the | ||
fourth
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.
| ||
(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
| ||
thereof if:
| ||
(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
| ||
(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
| ||
(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;
| ||
(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
| ||
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);
| ||
(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
| ||
(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.
| ||
(2) Except as provided in this paragraph (2) and in | ||
paragraphs (3) and (4) of subsection (c-1), 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
| ||
one year nor more than 12 years.
Except as provided in | ||
paragraph (4) of subsection (c-1), aggravated driving | ||
under the influence of alcohol, other drug, or drugs, | ||
intoxicating compounds or compounds, or any combination | ||
thereof as defined in subparagraph (A) of paragraph (1) of | ||
this subsection (d) is a Class 2 felony. 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.
| ||
(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
| ||
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.
| ||
(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 in subsection (m) of this | ||
Section
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 for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law
enforcement equipment and | ||
commodities that will assist in the prevention of alcohol | ||
related
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations. Equipment and commodities | ||
shall include, but are 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 for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the
purchase of law enforcement equipment and | ||
commodities that will assist in the prevention of
alcohol | ||
related criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(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 for enforcement | ||
and prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law enforcement equipment and | ||
commodities to assist in the prevention of
alcohol related | ||
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(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. 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; 94-116, eff. 1-1-06; 94-963, eff. | ||
6-28-06.)
| ||
(Text of Section from P.A. 94-329 and 94-963) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or
drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual
physical | ||
control of any vehicle within this State while:
| ||
(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;
| ||
(2) under the influence of alcohol;
| ||
(3) under the influence of any intoxicating compound or | ||
combination of
intoxicating compounds to a degree that | ||
renders the person incapable of
driving safely;
| ||
(4) under the influence of any other drug or | ||
combination of drugs to a
degree that renders the person | ||
incapable of safely driving;
| ||
(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
| ||
(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.
| ||
(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
| ||
combination thereof, shall not constitute a defense against any | ||
charge of
violating this Section.
| ||
(b-1) With regard to penalties imposed under this Section:
| ||
(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.
| ||
(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).
| ||
(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.
| ||
(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.
| ||
(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
| ||
be imposed.
| ||
(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.
| ||
(c) (Blank).
| ||
(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 | ||
aggravated driving under the influence of alcohol, other | ||
drug or drugs, intoxicating compound or compounds, or any | ||
combination thereof and is guilty of a
Class 4 felony.
| ||
(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 aggravated | ||
driving under the influence of alcohol, other drug or | ||
drugs, intoxicating compound or compounds, or any | ||
combination thereof and 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 | ||
aggravated driving under the influence of alcohol, other | ||
drug or drugs, intoxicating compound or compounds, or any | ||
combination thereof and is guilty of a Class 3 felony; and | ||
if the
person receives a term of
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
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.
| ||
(2.2) A person who violates subsection (a), if the
| ||
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, is guilty of aggravated driving | ||
under the influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or any combination | ||
thereof and 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
| ||
community service shall not be suspended or reduced by the | ||
court.
| ||
(3) A person who violates subsection (a) a fourth or
| ||
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 aggravated driving under the influence | ||
of alcohol, other drug or drugs, intoxicating compound or | ||
compounds, or any combination thereof and is guilty of
a | ||
Class 2 felony, and is not eligible for a sentence of | ||
probation or
conditional discharge.
| ||
(c-2) (Blank).
| ||
(c-3) (Blank).
| ||
(c-4) (Blank).
| ||
(c-5) A person 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 an
additional mandatory minimum | ||
fine of $1,000, 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
subsection (c-5) is not subject to | ||
suspension, nor is the person eligible for
a reduced sentence.
| ||
(c-6) Except as provided in subsections (c-7) and (c-8) a | ||
person 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 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.
| ||
(c-7) Except as provided in subsection (c-8), any person | ||
convicted of
violating subsection (c-6) or a similar
provision | ||
within 10 years of a previous violation of subsection (a) or a
| ||
similar provision shall receive, in addition to any other | ||
penalty imposed, a
mandatory minimum 12 days imprisonment, an | ||
additional 40 hours of mandatory
community service in a program | ||
benefiting children, and a mandatory minimum
fine of $1,750. | ||
The imprisonment or assignment of community service under this
| ||
subsection (c-7) is not subject to suspension, nor is the | ||
person
eligible for a reduced sentence.
| ||
(c-8) 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
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.
| ||
(c-9) Any person convicted a third time for violating | ||
subsection (a) or a
similar provision, if at the time of the | ||
third violation the person was
transporting a person under the | ||
age of 16, is guilty of a Class 4 felony and shall
receive, in | ||
addition to any other
penalty imposed, an additional mandatory | ||
fine of $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.
| ||
(c-10) Any person 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
similar provision is | ||
guilty of a Class 4 felony and shall receive, in addition
to | ||
any other penalty imposed, an additional mandatory 40 hours of | ||
community
service in a program benefiting children, an | ||
additional mandatory fine of
$3,000, 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.
| ||
(c-11) Any person 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 $3,000.
| ||
(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.
| ||
(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) 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 2 days of | ||
imprisonment and a mandatory minimum fine of $1,250.
| ||
(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.
| ||
(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.
| ||
(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
| ||
thereof if:
| ||
(A) the person committed a violation of subsection | ||
(a) or a similar
provision for the
third or subsequent | ||
time;
| ||
(B) the person committed a violation of subsection | ||
(a)
while
driving a school bus with persons 18 years of | ||
age or younger
on board;
| ||
(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;
| ||
(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
| ||
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);
| ||
(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
| ||
(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;
| ||
(G) the person committed the violation while he or | ||
she did not possess a driver's license or permit or a | ||
restricted driving permit or a judicial driving | ||
permit; or
| ||
(H) the person committed the violation while he or | ||
she knew or should have known that the vehicle he or | ||
she was driving was not covered by a liability | ||
insurance policy.
| ||
(2) Except as provided in this paragraph (2) and in | ||
paragraphs (2), (2.1), and (3) of subsection (c-1), 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
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.
| ||
(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
| ||
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.
| ||
(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 in subsection (m) of this | ||
Section
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 for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law
enforcement equipment and | ||
commodities that will assist in the prevention of alcohol | ||
related
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations. Equipment and commodities | ||
shall include, but are 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 for enforcement and | ||
prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the
purchase of law enforcement equipment and | ||
commodities that will assist in the prevention of
alcohol | ||
related criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(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 for enforcement | ||
and prevention of driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof, as defined by this Section, including but | ||
not limited to the purchase of law enforcement equipment and | ||
commodities to assist in the prevention of
alcohol related | ||
criminal violence throughout the State; police officer | ||
training and education in areas related to alcohol related | ||
crime, including but not limited to DUI training; and police | ||
officer salaries, including but not limited to salaries for | ||
hire back funding for safety checkpoints, saturation patrols, | ||
and liquor store sting operations.
| ||
(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. 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; 94-329, eff. 1-1-06; 94-963, eff. | ||
6-28-06.)
| ||
Section 10. The Snowmobile Registration and Safety Act is | ||
amended by changing Section 5-7 as follows:
| ||
(625 ILCS 40/5-7)
| ||
Sec. 5-7. Operating a snowmobile while under the influence | ||
of alcohol or
other drug or drugs, intoxicating compound or | ||
compounds, or a combination of
them; criminal penalties; | ||
suspension of operating privileges.
| ||
(a) A person may not operate or be in actual physical | ||
control of a
snowmobile within this State
while:
| ||
1. The alcohol concentration in that person's blood or | ||
breath is a
concentration at which driving a motor vehicle | ||
is prohibited under
subdivision (1) of subsection (a) of
| ||
Section 11-501 of the Illinois Vehicle Code;
| ||
2. The person is under the influence of alcohol;
| ||
3. The person is under the influence of any other drug | ||
or combination of
drugs to a degree that renders that | ||
person incapable of safely operating a
snowmobile;
| ||
3.1. The person is under the influence of any | ||
intoxicating compound or
combination of intoxicating | ||
compounds to a degree that renders the person
incapable of | ||
safely operating a snowmobile;
| ||
4. The person is under the combined influence of | ||
alcohol and any other
drug or drugs or intoxicating | ||
compound or compounds to a degree that
renders that person | ||
incapable of safely
operating a snowmobile; or
| ||
5. There is any amount of a drug, substance, or | ||
compound in that person's
breath, blood, or urine resulting | ||
from the unlawful use or consumption
of cannabis
listed in | ||
the Cannabis Control Act, controlled substance listed in | ||
the
Illinois Controlled Substances Act, or intoxicating | ||
compound listed in the
use
of Intoxicating Compounds Act.
| ||
(b) The fact that a person charged with violating this | ||
Section is or has
been legally entitled to use alcohol, other | ||
drug or drugs, any
intoxicating
compound or compounds, or any | ||
combination of them does not constitute a
defense against a | ||
charge of violating this Section.
| ||
(c) Every person convicted of violating this Section or a | ||
similar
provision of a local ordinance is guilty of a
Class A | ||
misdemeanor, except as otherwise provided in this Section.
| ||
(c-1) As used in this Section, "first time offender" means | ||
any person who has not had a previous conviction or been | ||
assigned supervision for violating this Section or a similar | ||
provision of a local ordinance, or any person who has not had a | ||
suspension imposed under subsection (e) of Section 5-7.1. | ||
(c-2) For purposes of this Section, the following are | ||
equivalent to a conviction: | ||
(1) a forfeiture of bail or collateral deposited to | ||
secure a defendant's appearance in court when forfeiture | ||
has not been vacated; or | ||
(2) the failure of a defendant to appear for trial.
| ||
(d) Every person convicted of violating this Section is | ||
guilty of a
Class 4 felony if:
| ||
1. The person has a previous conviction under this | ||
Section;
| ||
2. The offense results in personal injury where a | ||
person other than the
operator suffers great bodily harm or | ||
permanent disability or disfigurement,
when the violation | ||
was a proximate cause of the injuries.
A person guilty of a | ||
Class 4 felony under this paragraph 2, if sentenced to a
| ||
term of imprisonment, shall be sentenced to not less than | ||
one year nor more
than
12 years; or
| ||
3. The offense occurred during a period in which the | ||
person's privileges
to
operate a snowmobile are revoked or | ||
suspended, and the revocation or
suspension was for a | ||
violation of this Section or was imposed under Section
| ||
5-7.1.
| ||
(e) Every person convicted of violating this Section is | ||
guilty
of a
Class 2 felony if the offense results in the death | ||
of a person.
A person guilty of a Class 2 felony under this | ||
subsection (e), if sentenced
to
a term of imprisonment, shall | ||
be sentenced to a term of not less than 3 years
and not more | ||
than 14 years.
| ||
(e-1) Every person convicted of violating this Section or a | ||
similar
provision of a local ordinance who had a child under | ||
the age of 16 on board the
snowmobile at the time of offense | ||
shall be subject to a mandatory minimum fine
of $500 and shall | ||
be subject to a mandatory minimum of 5 days of community
| ||
service in a program benefiting children. The assignment under | ||
this subsection
shall not be subject to suspension nor shall | ||
the person be eligible for
probation in order to reduce the | ||
assignment.
| ||
(e-2) Every person found guilty of violating this Section, | ||
whose operation
of
a snowmobile 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 in subsection (m) of | ||
Section 11-501 of the Illinois Vehicle Code
under Section 5-5-3 | ||
of the Unified Code of
Corrections.
| ||
(e-3) In addition to any other penalties and liabilities, a | ||
person who is
found guilty of violating this Section, including | ||
any person placed on court
supervision, shall be fined $100, | ||
payable to the circuit clerk, who shall
distribute the money to | ||
the law enforcement agency that made the arrest. In the
event | ||
that more than one agency is responsible for the arrest, the | ||
$100
shall be shared equally. Any moneys received by a law | ||
enforcement agency under
this subsection (e-3) shall be used to | ||
purchase law enforcement equipment or to
provide law | ||
enforcement training that will assist in the prevention of | ||
alcohol
related criminal violence throughout the State. Law | ||
enforcement equipment shall
include, but is not limited to, | ||
in-car video cameras, radar and laser speed
detection devices, | ||
and alcohol breath testers.
| ||
(f) In addition to any criminal penalties imposed, the
| ||
Department of Natural Resources shall suspend the
snowmobile | ||
operation privileges of
a person convicted or found guilty of a | ||
misdemeanor under this
Section for a period of one
year, except | ||
that first-time offenders are exempt from
this mandatory one | ||
year suspension.
| ||
(g) In addition to any criminal penalties imposed, the | ||
Department of Natural
Resources shall suspend for a period of 5 | ||
years the snowmobile operation
privileges of any person | ||
convicted or found guilty of a felony under this
Section.
| ||
(Source: P.A. 93-156, eff. 1-1-04; 94-214, eff. 1-1-06.)
| ||
Section 15. The Boat Registration and Safety Act is amended | ||
by changing Section 5-16 as follows:
| ||
(625 ILCS 45/5-16)
| ||
Sec. 5-16. Operating a watercraft under the influence of | ||
alcohol,
other drug or drugs, intoxicating compound or | ||
compounds, or combination
thereof.
| ||
(A) 1. A person shall not operate or be in actual physical | ||
control of
any
watercraft within this State while:
| ||
(a) The alcohol concentration in such person's | ||
blood or breath is a
concentration at which driving a | ||
motor vehicle is prohibited under subdivision
(1) of | ||
subsection (a) of
Section 11-501 of the Illinois | ||
Vehicle Code;
| ||
(b) Under the influence of alcohol;
| ||
(c) Under the influence of any other drug or | ||
combination of drugs to a
degree which renders such | ||
person incapable of safely operating
any watercraft;
| ||
(c-1) Under the influence of any intoxicating | ||
compound or combination
of
intoxicating compounds to a | ||
degree that renders the person incapable of safely
| ||
operating
any watercraft;
| ||
(d) Under the combined influence of alcohol and any | ||
other drug or
drugs to a degree which renders such | ||
person incapable of safely operating
a watercraft; or
| ||
(e) There is any amount of a drug, substance, or | ||
compound in the
person's 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.
| ||
2. The fact that any person charged with violating this | ||
Section is or
has been legally entitled to use alcohol, | ||
other drug or drugs, any
intoxicating compound or | ||
compounds, or any combination of
them, shall not constitute | ||
a defense against any charge of
violating this
Section.
| ||
3. Every person convicted of violating this Section | ||
shall be guilty of a
Class A misdemeanor, except as | ||
otherwise provided in this Section.
| ||
4. Every person convicted of violating this Section | ||
shall be guilty of a
Class 4 felony if:
| ||
(a) He has a previous conviction under this | ||
Section;
| ||
(b) The offense results in personal injury where a | ||
person other than the
operator suffers great bodily | ||
harm or permanent disability or disfigurement,
when | ||
the violation was a proximate cause of the injuries. A | ||
person guilty of a
Class 4 felony under this | ||
subparagraph (b), if sentenced
to a term of | ||
imprisonment, shall be sentenced to a term of not less | ||
than
one year nor more than 12 years; or
| ||
(c) The offense occurred during a period in which | ||
his or her
privileges
to
operate
a watercraft are | ||
revoked or suspended, and the revocation or suspension | ||
was for
a
violation of this Section or was imposed | ||
under subsection (B).
| ||
5. Every person convicted of violating this Section | ||
shall be
guilty of a Class 2 felony if the offense results | ||
in the death of a
person.
A person guilty of a Class 2 | ||
felony under this paragraph 5, if sentenced to a
term of | ||
imprisonment, shall be sentenced to a term of not less than | ||
3 years
and not more than 14 years.
| ||
5.1. A person convicted of violating this Section or a | ||
similar
provision
of a
local
ordinance who had a child | ||
under the age of 16 aboard the watercraft at the
time of | ||
offense is
subject to a mandatory minimum fine of $500 and | ||
to a mandatory minimum of 5
days of
community service in a | ||
program benefiting children. The assignment under this
| ||
paragraph 5.1 is
not subject to suspension and the person | ||
is not eligible for probation in order
to reduce the
| ||
assignment.
| ||
5.2. A person found guilty of violating this Section, | ||
if his or her
operation
of a watercraft
while in violation | ||
of this Section proximately caused any incident resulting | ||
in
an appropriate
emergency response, is liable for the | ||
expense of an emergency response as
provided in subsection | ||
(m) of Section 11-501 of the Illinois Vehicle Code
under
| ||
Section 5-5-3 of the Unified Code of Corrections.
| ||
5.3. In addition to any other penalties and | ||
liabilities, a person who is
found
guilty of
violating this | ||
Section, including any person placed on court supervision,
| ||
shall be fined $100,
payable to the circuit clerk, who | ||
shall distribute the money to the law
enforcement agency | ||
that
made the arrest. In the event that more than one | ||
agency is responsible for the
arrest, the $100
shall be | ||
shared equally. Any moneys received by a law enforcement | ||
agency under
this
paragraph 5.3 shall be used to purchase | ||
law enforcement equipment or to provide
law
enforcement | ||
training that will assist in the prevention of alcohol | ||
related
criminal violence
throughout the State. Law | ||
enforcement equipment shall include, but is not
limited to, | ||
in-car
video cameras, radar and laser speed detection | ||
devices, and alcohol breath
testers.
| ||
6. (a) In addition to any criminal penalties imposed, | ||
the Department of
Natural Resources shall suspend the | ||
watercraft operation privileges of any
person
| ||
convicted or found guilty of a misdemeanor under this | ||
Section, a similar provision of a local ordinance, or | ||
Title 46 of the U.S. Code of Federal Regulations for a | ||
period
of one year, except that a first time offender | ||
is exempt from this mandatory
one year suspension.
| ||
As used in this subdivision (A)6(a), "first time | ||
offender" means any person who has not had a previous | ||
conviction or been assigned supervision for violating | ||
this Section, a similar provision of a local ordinance | ||
or, Title 46 of the U.S. Code of Federal Regulations, | ||
or any person who has not had a suspension imposed | ||
under subdivision (B)3.1 of Section 5-16.
| ||
(b) In addition to any criminal penalties imposed, | ||
the Department of
Natural Resources shall suspend the | ||
watercraft operation privileges of any
person
| ||
convicted of a felony under this Section, a similar | ||
provision of a local ordinance, or Title 46 of the U.S. | ||
Code of Federal Regulations for a period of 3 years.
| ||
(B) 1. Any person who operates or is in actual physical | ||
control of any
watercraft upon the waters of this
State | ||
shall be deemed to have given consent to a chemical test or | ||
tests of
blood, breath or urine for the purpose of | ||
determining the content of
alcohol, other
drug or drugs, | ||
intoxicating compound or compounds, or combination thereof
| ||
in the person's blood if arrested for
any offense of | ||
subsection (A) above. The chemical test or tests shall be
| ||
administered at
the direction of the arresting officer.
The | ||
law enforcement agency employing the
officer shall | ||
designate which of the tests shall be administered. A
urine | ||
test may be
administered even after a blood or breath test | ||
or both has been administered.
| ||
1.1. For the purposes of this Section, an Illinois Law | ||
Enforcement
officer of
this
State who is investigating the | ||
person for any offense defined in Section 5-16
may travel
| ||
into an adjoining state, where the person has been | ||
transported for medical care
to
complete an investigation, | ||
and may request that the person submit to the test
or
tests | ||
set
forth in this Section. The requirements of this Section | ||
that the person be
arrested are
inapplicable, but the | ||
officer shall issue the person a uniform citation for an
| ||
offense as
defined in Section 5-16 or a similar provision | ||
of a local ordinance prior to
requesting that
the person | ||
submit to the test or tests. The issuance of the uniform | ||
citation
shall not
constitute an arrest, but shall be for | ||
the purpose of notifying the person that
he or she is
| ||
subject to the provisions of this Section and of the | ||
officer's belief in the
existence of
probable cause to | ||
arrest. Upon returning to this State, the officer shall | ||
file
the uniform
citation with the circuit clerk of the | ||
county where the offense was committed
and shall
seek the | ||
issuance of an arrest warrant or a summons for the person.
| ||
1.2. Notwithstanding any ability to refuse under this | ||
Act to submit to
these
tests
or any ability to revoke the | ||
implied consent to these tests, if a law
enforcement | ||
officer
has probable cause to believe that a watercraft | ||
operated by or under actual
physical
control of a person | ||
under the influence of alcohol, other drug or drugs,
| ||
intoxicating
compound or compounds, or any combination of | ||
them has caused the death of or
personal
injury to another, | ||
that person shall submit, upon the request of a law
| ||
enforcement officer,
to a chemical test or tests of his or | ||
her blood, breath, or urine for the
purpose of
determining | ||
the alcohol content or the presence of any other drug, | ||
intoxicating
compound, or
combination
of them. For the | ||
purposes of this Section, a personal injury includes severe
| ||
bleeding
wounds, distorted extremities, and injuries that | ||
require the injured party to
be carried
from the scene for | ||
immediate professional attention in either a doctor's | ||
office
or a
medical facility.
| ||
2. Any person who is dead, unconscious or who is | ||
otherwise in a condition
rendering such person incapable of | ||
refusal, shall be deemed not to have
withdrawn the consent | ||
provided above, and the test may be administered.
| ||
3. A person requested to submit to a chemical test as | ||
provided above
shall be
verbally advised by the law | ||
enforcement officer requesting the test that a
refusal to | ||
submit to the test will result in suspension of such | ||
person's
privilege to operate a watercraft for a minimum of | ||
2 years. Following this
warning, if a person
under arrest | ||
refuses upon the request of a law enforcement officer to
| ||
submit to a test designated by the officer, no test
shall | ||
be given, but the law enforcement officer shall file with | ||
the clerk
of the circuit court for the county in which the | ||
arrest was made, and with
the Department of Natural | ||
Resources, a sworn
statement naming the person refusing to | ||
take and complete the chemical test
or tests
requested | ||
under the provisions of this Section. Such sworn statement | ||
shall
identify the arrested person, such person's current | ||
residence address and
shall specify that a refusal by such | ||
person to take the chemical test or
tests was
made. Such | ||
sworn statement shall include a statement that the | ||
arresting
officer had reasonable cause to believe the | ||
person was operating or was in
actual physical control of | ||
the
watercraft within this State while under the influence | ||
of alcohol, other
drug or drugs, intoxicating compound or | ||
compounds, or combination thereof
and that such
chemical | ||
test or tests were made as an
incident to and following the | ||
lawful arrest for an offense as defined in
this Section or | ||
a similar provision of a local ordinance, and that the
| ||
person after being arrested for an offense arising out of | ||
acts alleged to
have been committed while so operating a | ||
watercraft refused to submit to
and complete a chemical | ||
test or tests as requested by the law enforcement
officer.
| ||
3.1. The law enforcement officer submitting the sworn | ||
statement as
provided in
paragraph 3 of this subsection (B) | ||
shall serve immediate written notice upon
the
person | ||
refusing the chemical test or tests that the person's | ||
privilege to
operate a
watercraft within this State will be | ||
suspended for a period of 2 years unless,
within 28 days | ||
from the date of the notice, the person requests in writing | ||
a
hearing
on the suspension.
| ||
If the person desires a hearing, such person
shall file | ||
a complaint in the circuit court for and in the county in | ||
which
such person was arrested for such hearing. Such | ||
hearing shall proceed in
the court in the same manner as | ||
other civil proceedings, shall cover only
the issues of | ||
whether the person was placed under arrest for an offense | ||
as
defined in this Section or a similar provision of a | ||
local ordinance as
evidenced by the issuance of a uniform | ||
citation; whether the arresting
officer had reasonable | ||
grounds to believe that such person was operating a
| ||
watercraft while under the influence of alcohol, other drug | ||
or drugs,
intoxicating compound or compounds, or | ||
combination
thereof; and whether such person refused to | ||
submit and complete the
chemical test or
tests upon the | ||
request of the law enforcement officer. Whether the person
| ||
was informed that such person's privilege to operate a | ||
watercraft would be
suspended if such person refused to | ||
submit to the chemical test or tests
shall not be an
issue.
| ||
If the person fails to request in writing a hearing | ||
within 28 days from
the date of notice, or if a hearing is | ||
held and the court finds against the
person on the issues | ||
before the court, the
clerk shall immediately notify the | ||
Department of Natural Resources, and the Department shall | ||
suspend the watercraft operation
privileges of the person | ||
for at least 2 years.
| ||
3.2. If the person submits to a test that discloses an | ||
alcohol
concentration
of 0.08
or more, or any amount of a | ||
drug, substance or intoxicating compound in the
person's
| ||
breath, blood, or urine resulting from the unlawful use 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, the law
enforcement officer | ||
shall immediately submit a sworn report to the circuit
| ||
clerk of venue
and the Department of Natural Resources, | ||
certifying that the test or tests were
requested
under | ||
paragraph 1 of this subsection (B) and the person submitted | ||
to testing
that
disclosed an alcohol concentration of 0.08 | ||
or more.
| ||
In cases where the blood alcohol concentration of 0.08 | ||
or greater or any
amount of
drug, substance or compound | ||
resulting from the unlawful use of cannabis, a
controlled
| ||
substance or an intoxicating compound is established by a | ||
subsequent analysis
of blood
or urine collected at the time | ||
of arrest, the arresting officer or arresting
agency shall
| ||
immediately submit a sworn report to the circuit clerk of | ||
venue and the
Department of
Natural Resources upon receipt | ||
of the test results.
| ||
4. A person must submit to each chemical test offered | ||
by the law
enforcement
officer
in order to comply with the | ||
implied consent provisions of this Section.
| ||
5. The provisions of Section 11-501.2 of the Illinois | ||
Vehicle Code, as
amended, concerning the certification and | ||
use of chemical tests apply to the
use of such tests under | ||
this Section.
| ||
(C) Upon the trial of any civil or criminal action or | ||
proceeding arising out
of acts alleged to have been committed | ||
by any person while operating a
watercraft while under the | ||
influence of alcohol, the concentration of alcohol
in the | ||
person's blood or breath at the time alleged as shown by | ||
analysis of a
person's blood, urine, breath, or other bodily | ||
substance shall give rise to the
presumptions specified in | ||
subdivisions 1, 2, and 3 of
subsection (b) of Section 11-501.2 | ||
of the Illinois Vehicle Code. The foregoing
provisions of this | ||
subsection (C) shall not be
construed
as limiting the | ||
introduction of any other relevant evidence bearing upon the
| ||
question whether the person was under the influence of alcohol.
| ||
(D) If a person under arrest refuses to submit to a | ||
chemical test under
the provisions of this Section, evidence of | ||
refusal shall be admissible in
any civil or criminal action or | ||
proceeding arising out of acts alleged to
have been committed | ||
while the person under the influence of alcohol,
other drug or | ||
drugs, intoxicating compound or compounds, or combination
of | ||
them was operating a watercraft.
| ||
(E) The owner of any watercraft or any person given | ||
supervisory
authority over a watercraft, may not knowingly | ||
permit a watercraft to be
operated by any person under the | ||
influence of alcohol, other drug or drugs,
intoxicating | ||
compound or compounds, or
combination thereof.
| ||
(F) Whenever any person is convicted or found guilty of a | ||
violation of
this
Section, including any person placed on court | ||
supervision, the court shall
notify the Office of Law | ||
Enforcement of the
Department of Natural Resources, to provide | ||
the Department with the records
essential for the performance | ||
of the Department's duties to monitor and enforce
any order of | ||
suspension or revocation concerning the privilege to operate a
| ||
watercraft.
| ||
(G) No person who has been arrested and charged for | ||
violating paragraph 1 of
subsection (A) of this Section shall | ||
operate any watercraft within this State
for a period of 24 | ||
hours after such arrest.
| ||
(Source: P.A. 93-156, eff. 1-1-04; 94-214, eff. 1-1-06.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||