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90_HB2306
625 ILCS 5/6-118 from Ch. 95 1/2, par. 6-118
625 ILCS 5/6-208 from Ch. 95 1/2, par. 6-208
625 ILCS 5/6-208.1 from Ch. 95 1/2, par. 6-208.1
625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
720 ILCS 5/36-1 from Ch. 38, par. 36-1
Amends the Illinois Vehicle Code and the Criminal Code of
1961. Increases the reinstatement fee for a person whose
license has been suspended or revoked a second or subsequent
time. Provides that a person may not make application for a
license after his or her license has been revoked if the
person is convicted of committing a fourth or subsequent
violation for driving while under the influence of alcohol or
drugs or driving while a license is suspended or revoked (if
the original suspension or revocation was for driving while
under the influence). Increases the period of statutory
summary alcohol or other drug related suspension for a
refusal or failure to complete a test to determine alcohol or
drug concentration. Increases the penalty for a person
convicted of a third or subsequent violation for driving
while a license is suspended or revoked if the original
revocation or suspension was for violating certain offenses.
Provides that a person is guilty of aggravated driving under
the influence if the alcohol concentration in the person's
blood or breath is 0.25 or more. Increases the penalty for a
person who commits a driving while under the influence
offense for a fourth or subsequent time. Provides that any
vehicle used with the knowledge and consent of the owner in
the commission of a second or subsequent violation for
driving while under the influence or driving while a license
is suspended or revoked (if the original suspension or
revocation was for driving while under the influence) may be
seized and delivered to the sheriff if the owner knows that
the vehicle is being used in the commission of a violation
for driving while under the influence or driving while a
license is suspended or revoked.
LRB9006295NTsbB
LRB9006295NTsbB
1 AN ACT concerning vehicles, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Sections 6-118, 6-208, 6-303, and 11-501 as follows:
6 (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
7 Sec. 6-118. Fees.
8 (a) The fee for licenses and permits under this Article
9 is as follows:
10 Original driver's license.............................$10
11 Original or renewal driver's license
12 issued to 18, 19 and 20 year olds..................5
13 All driver's licenses for persons
14 age 69 through age 80..............................5
15 All driver's licenses for persons
16 age 81 through age 86..............................2
17 All driver's licenses for persons
18 age 87 or older....................................0
19 Renewal driver's license (except for
20 applicants ages 18, 19 and 20 or
21 age 69 and older).................................10
22 Original instruction permit issued to
23 persons (except those age 69 and older)
24 who do not hold or have not previously
25 held an Illinois instruction permit or
26 driver's license..................................20
27 Instruction permit issued to any person
28 holding an Illinois driver's license
29 who wishes a change in classifications,
30 other than at the time of renewal..................5
31 Any instruction permit issued to a person
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1 age 69 and older...................................5
2 Instruction permit issued to any person,
3 under age 69, not currently holding a
4 valid Illinois driver's license or
5 instruction permit but who has
6 previously been issued either document
7 in Illinois.......................................10
8 Restricted driving permit...............................8
9 Duplicate or corrected driver's license
10 or permit..........................................5
11 Duplicate or corrected restricted
12 driving permit.....................................5
13 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
14 The fees for commercial driver licenses and permits
15 under Article V shall be as follows:
16 Commercial driver's license:
17 $6 for the CDLIS/AAMVAnet Fund
18 (Commercial Driver's License Information
19 System/American Association of Motor Vehicle
20 Administrators network Trust Fund);
21 $10 for the driver's license;
22 and $24 for the CDL:.............................$40
23 Renewal commercial driver's license:
24 $6 for the CDLIS/AAMVAnet Trust Fund;
25 $10 for the driver's license; and
26 $24 for the CDL:.................................$40
27 Commercial driver instruction permit
28 issued to any person holding a valid
29 Illinois driver's license for the
30 purpose of changing to a
31 CDL classification: $6 for the
32 CDLIS/AAMVAnet Trust Fund; and
33 $24 for the CDL classification...................$30
34 Commercial driver instruction permit
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1 issued to any person holding a valid
2 Illinois CDL for the purpose of
3 making a change in a classification,
4 endorsement or restriction........................$5
5 CDL duplicate or corrected license.....................$5
6 In order to ensure the proper implementation of the
7 Uniform Commercial Driver License Act, Article V of this
8 Chapter, the Secretary of State is empowered to pro-rate the
9 $24 fee for the commercial driver's license proportionate to
10 the expiration date of the applicant's Illinois driver's
11 license.
12 The fee for any duplicate license or permit shall be
13 waived for any person age 60 or older who presents the
14 Secretary of State's office with a police report showing that
15 his license or permit was stolen.
16 No additional fee shall be charged for a driver's
17 license, or for a commercial driver's license, when issued to
18 the holder of an instruction permit for the same
19 classification or type of license who becomes eligible for
20 such license.
21 (b) Any person whose license or privilege to operate a
22 motor vehicle in this State has been suspended or revoked
23 under any provision of Chapter 6, Chapter 11, or Section
24 7-702 of the Family Financial Responsibility Law of this
25 Code, shall in addition to any other fees required by this
26 Code, pay a reinstatement fee as follows:
27 Summary suspension under Section 11-501.1.............$60
28 Other suspension......................................$30
29 Revocation............................................$60
30 However, any person whose license or privilege to operate
31 a motor vehicle in this State has been suspended or revoked
32 for a second or subsequent time shall, in addition to any
33 other fees required by this Code, pay a reinstatement fee as
34 follows:
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1 Summary suspension under Section 11-501.1............$250
2 Other suspension.....................................$100
3 Revocation...........................................$250
4 (c) All fees collected under the provisions of this
5 Chapter 6 shall be paid into the Road Fund in the State
6 Treasury except as follows:
7 1. The following amounts shall be paid into the
8 Driver Education Fund:
9 (A) $16 of the $20 fee for an original
10 driver's instruction permit;
11 (B) $5 of the $10 fee for an original driver's
12 license;
13 (C) $5 of the $10 fee for a 4 year renewal
14 driver's license; and
15 (D) $4 of the $8 fee for a restricted driving
16 permit.
17 2. One-half of the $30 of the $60 fee for
18 reinstatement of a license summarily suspended under
19 Section 11-501.1 shall be deposited into the Drunk and
20 Drugged Driving Prevention Fund.
21 3. $6 of such original or renewal fee for a
22 commercial driver's license and $6 of the commercial
23 driver instruction permit fee when such permit is issued
24 to any person holding a valid Illinois driver's license,
25 shall be paid into the CDLIS/AAMVAnet Trust Fund.
26 4. The $30 fee for reinstatement of a license
27 suspended under the Family Financial Responsibility Law
28 shall be paid into the Family Responsibility Fund.
29 (Source: P.A. 89-92, eff. 7-1-96.)
30 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
31 Sec. 6-208. Period of Suspension - Application After
32 Revocation.
33 (a) Except as otherwise provided by this Code or any
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1 other law of this State, the Secretary of State shall not
2 suspend a driver's license, permit or privilege to drive a
3 motor vehicle on the highways for a period of more than one
4 year.
5 (b) Any person whose license, permit or privilege to
6 drive a motor vehicle on the highways has been revoked shall
7 not be entitled to have such license, permit or privilege
8 renewed or restored. However, such person may, except as
9 provided under subsection (d) of Section 6-205, make
10 application for a license pursuant to Section 6-106 if the
11 revocation was for a cause which has been removed or:
12 1. Except as provided in subparagraphs 2, and 3, and 4,
13 after the expiration of one year from the effective date of
14 the revocation; or
15 2. If such person is convicted of committing a second
16 violation within a 20 year period of:
17 - Section 11-501 of this Code, or a similar provision of
18 a local ordinance; or
19 - Paragraph (b) of Section 11-401 of this Code, or a
20 similar provision of a local ordinance; or
21 - Section 9-3 of the Criminal Code of 1961, as amended,
22 relating to the offense of reckless homicide;
23 or any combination of the above offenses committed at
24 different instances; then such person may not make
25 application for a license until after the expiration of 3
26 years from the effective date of the most recent revocation.
27 The 20 year period shall be computed by using the dates the
28 offenses were committed and shall also include similar
29 out-of-state offenses.
30 3. However, except as provided in subparagraph 4, if
31 such person is convicted of committing a third, or
32 subsequent, violation or any combination of the above
33 offenses, including similar out-of-state offenses, contained
34 in subparagraph 2, then such person may not make application
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1 for a license until after the expiration of 6 years from the
2 effective date of the most recent revocation.
3 4. The person may not make application for a license if
4 the person is convicted of committing a fourth or subsequent
5 violation of Section 11-501 of this Code, or a similar
6 provision of a local ordinance, or Section 6-303, if the
7 original revocation or suspension was for a violation of
8 Section 11-501 of this Code or a similar provision of a local
9 ordinance.
10 Notwithstanding any other provision of this Code, all
11 persons referred to in this paragraph (b) may not have their
12 privileges restored until the Secretary receives payment of
13 the required reinstatement fee pursuant to subsection (b) of
14 Section 6-118.
15 In no event shall the Secretary issue such license unless
16 and until such person has had a hearing pursuant to this Code
17 and the appropriate administrative rules and the Secretary is
18 satisfied, after a review or investigation of such person,
19 that to grant the privilege of driving a motor vehicle on the
20 highways will not endanger the public safety or welfare.
21 (Source: P.A. 89-156, eff. 1-1-96.)
22 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
23 Sec. 6-208.1. Period of statutory summary alcohol or
24 other drug related suspension.
25 (a) Unless the statutory summary suspension has been
26 rescinded, any person whose privilege to drive a motor
27 vehicle on the public highways has been summarily suspended,
28 pursuant to Section 11-501.1, shall not be eligible for
29 restoration of the privilege until the expiration of:
30 1. One year Six months from the effective date of
31 the statutory summary suspension for a refusal or failure
32 to complete a test or tests to determine the alcohol or
33 drug concentration, pursuant to Section 11-501.1; or
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1 2. Three months from the effective date of the
2 statutory summary suspension imposed following the
3 person's submission to a chemical test which disclosed an
4 alcohol concentration of 0.08 or more, or any amount of a
5 drug, substance or compound in such person's blood or
6 urine resulting from the unlawful use or consumption of
7 cannabis listed in the Cannabis Control Act or a
8 controlled substance listed in the Illinois Controlled
9 Substances Act, pursuant to Section 11-501.1; or
10 3. Four Two years from the effective date of the
11 statutory summary suspension for any person other than a
12 first offender who refuses or fails to complete a test or
13 tests to determine the alcohol or drug concentration
14 pursuant to Section 11-501.1; or
15 4. One year from the effective date of the summary
16 suspension imposed for any person other than a first
17 offender following submission to a chemical test which
18 disclosed an alcohol concentration of 0.08 or more
19 pursuant to Section 11-501.1 or any amount of a drug,
20 substance or compound in such person's blood or urine
21 resulting from the unlawful use or consumption of
22 cannabis listed in the Cannabis Control Act or a
23 controlled substance listed in the Illinois Controlled
24 Substances Act.
25 (b) Following a statutory summary suspension of the
26 privilege to drive a motor vehicle under Section 11-501.1,
27 full driving privileges shall be restored unless the person
28 is otherwise disqualified by this Code. If the court has
29 reason to believe that the person's driving privilege should
30 not be restored, the court shall notify the Secretary of
31 State prior to the expiration of the statutory summary
32 suspension so appropriate action may be taken pursuant to
33 this Code.
34 (c) Full driving privileges may not be restored until
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1 all applicable reinstatement fees, as provided by this Code,
2 have been paid to the Secretary of State and the appropriate
3 entry made to the driver's record.
4 (d) Where a driving privilege has been summarily
5 suspended under Section 11-501.1 and the person is
6 subsequently convicted of violating Section 11-501, or a
7 similar provision of a local ordinance, for the same
8 incident, any period served on statutory summary suspension
9 shall be credited toward the minimum period of revocation of
10 driving privileges imposed pursuant to Section 6-205.
11 (e) Following a statutory summary suspension of driving
12 privileges pursuant to Section 11-501.1, for a first
13 offender, the circuit court may, after at least 30 days from
14 the effective date of the statutory summary suspension, issue
15 a judicial driving permit as provided in Section 6-206.1.
16 (f) Subsequent to an arrest of a first offender, for any
17 offense as defined in Section 11-501 or a similar provision
18 of a local ordinance, following a statutory summary
19 suspension of driving privileges pursuant to Section
20 11-501.1, for a first offender, the circuit court may issue a
21 court order directing the Secretary of State to issue a
22 judicial driving permit as provided in Section 6-206.1.
23 However, this JDP shall not be effective prior to the 31st
24 day of the statutory summary suspension.
25 (g) Following a statutory summary suspension of driving
26 privileges pursuant to Section 11-501.1 where the person was
27 not a first offender, as defined in Section 11-500 and such
28 person refused or failed to complete a test or tests to
29 determine the alcohol or drug concentration pursuant to
30 Section 11-501.1, the Secretary of State shall not issue a
31 restricted driving permit.
32 (h) Following a statutory summary suspension of driving
33 privileges pursuant to Section 11-501.1 where the person was
34 not a first offender as defined in Section 11-500 and such
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1 person submitted to a chemical test which disclosed an
2 alcohol concentration of 0.08 or more pursuant to Section
3 11-501.1, the Secretary of State may, after at least 90 days
4 from the effective date of the statutory summary suspension,
5 issue a restricted driving permit.
6 (Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97.)
7 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
8 Sec. 6-303. Driving while driver's license, permit or
9 privilege to operate a motor vehicle is suspended or revoked.
10 (a) Any person who drives or is in actual physical
11 control of a motor vehicle on any highway of this State at a
12 time when such person's driver's license, permit or privilege
13 to do so or the privilege to obtain a driver's license or
14 permit is revoked or suspended as provided by this Code or
15 the law of another state, except as may be specifically
16 allowed by a judicial driving permit, family financial
17 responsibility driving permit, probationary license to drive,
18 or a restricted driving permit issued pursuant to this Code
19 or under the law of another state, shall be guilty of a Class
20 A misdemeanor.
21 (b) The Secretary of State upon receiving a report of
22 the conviction of any violation indicating a person was
23 operating a motor vehicle during the time when said person's
24 driver's license, permit or privilege was suspended by the
25 Secretary, by the appropriate authority of another state, or
26 pursuant to Section 11-501.1; except as may be specifically
27 allowed by a probationary license to drive, judicial driving
28 permit or restricted driving permit issued pursuant to this
29 Code or the law of another state; shall extend the suspension
30 for the same period of time as the originally imposed
31 suspension; however, if the period of suspension has then
32 expired, the Secretary shall be authorized to suspend said
33 person's driving privileges for the same period of time as
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1 the originally imposed suspension; and if the conviction was
2 upon a charge which indicated that a vehicle was operated
3 during the time when the person's driver's license, permit or
4 privilege was revoked; except as may be allowed by a
5 restricted driving permit issued pursuant to this Code or the
6 law of another state; the Secretary shall not issue a
7 driver's license for an additional period of one year from
8 the date of such conviction indicating such person was
9 operating a vehicle during such period of revocation.
10 (c) Any person convicted of violating this Section shall
11 serve a minimum term of imprisonment of 7 consecutive days or
12 30 days of community service when the person's driving
13 privilege was revoked or suspended as a result of:
14 (1) a violation of Section 11-501 of this Code or a
15 similar provision of a local ordinance relating to the
16 offense of operating or being in physical control of a
17 vehicle while under the influence of alcohol, any other
18 drug or any combination thereof; or
19 (2) a violation of paragraph (b) of Section 11-401
20 of this Code or a similar provision of a local ordinance
21 relating to the offense of leaving the scene of a motor
22 vehicle accident involving personal injury or death; or
23 (3) a violation of Section 9-3 of the Criminal Code
24 of 1961, as amended, relating to the offense of reckless
25 homicide; or
26 (4) a statutory summary suspension under Section
27 11-501.1 of this Code.
28 Such sentence of imprisonment or community service shall
29 not be subject to suspension in order to reduce such
30 sentence.
31 (d) Any person convicted of a second or subsequent
32 violation of this Section shall be guilty of a Class 4 felony
33 if the original revocation or suspension was for a violation
34 of Section 11-401 or 11-501 of this Code, or a similar
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1 out-of-state offense, or a similar provision of a local
2 ordinance, a violation of Section 9-3 of the Criminal Code of
3 1961, relating to the offense of reckless homicide, or a
4 similar out-of-state offense, or a statutory summary
5 suspension under Section 11-501.1 of this Code. Any person
6 convicted of a third violation of this Section shall be
7 guilty of a Class 3 felony if the original revocation or
8 suspension was for a violation of Section 11-401 or 11-501 of
9 this Code, or a similar out-of-state offense, or a similar
10 provision of a local ordinance, a violation of Section 9-3 of
11 the Criminal Code of 1961, relating to the offense of
12 reckless homicide, or a similar out-of-state offense, or a
13 statutory summary suspension under Section 11-501.1 of this
14 Code. Any person convicted of a fourth or subsequent
15 violation of this Section shall be guilty of a Class 2 felony
16 if the original revocation or suspension was for a violation
17 of Section 11-401 or 11-501 of this Code, or a similar
18 out-of-state offense, or a similar provision of a local
19 ordinance, a violation of Section 9-3 of the Criminal Code of
20 1961, relating to the offense of reckless homicide, or a
21 similar out-of-state offense, or a statutory summary
22 suspension under Section 11-501.1 of this Code.
23 (e) Any person in violation of this Section who is also
24 in violation of Section 7-601 of this Code relating to
25 mandatory insurance requirements, in addition to other
26 penalties imposed under this Section, shall have his or her
27 motor vehicle immediately impounded by the arresting law
28 enforcement officer. The motor vehicle may be released to
29 any licensed driver upon a showing of proof of insurance for
30 the vehicle that was impounded and the notarized written
31 consent for the release by the vehicle owner.
32 (Source: P.A. 88-383; 88-680, eff. 1-1-95; 89-8, eff.
33 3-21-95; 89-92, eff. 7-1-96; 89-159, eff. 1-1-96; 89-626,
34 eff. 8-9-96.)
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1 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
2 Sec. 11-501. Driving while under the influence of
3 alcohol, other drug, or combination of both.
4 (a) A person shall not drive or be in actual physical
5 control of any vehicle within this State while:
6 (1) the alcohol concentration in the person's blood
7 or breath is 0.08 or more based on the definition of
8 blood and breath units in Section 11-501.2;
9 (2) under the influence of alcohol;
10 (3) under the influence of any other drug or
11 combination of drugs to a degree that renders the person
12 incapable of safely driving;
13 (4) under the combined influence of alcohol and any
14 other drug or drugs to a degree that renders the person
15 incapable of safely driving; or
16 (5) there is any amount of a drug, substance, or
17 compound in the person's blood or urine resulting from
18 the unlawful use or consumption of cannabis listed in the
19 Cannabis Control Act, or a controlled substance listed in
20 the Illinois Controlled Substances Act.
21 (b) The fact that any person charged with violating this
22 Section is or has been legally entitled to use alcohol, or
23 other drugs, or any combination of both, shall not
24 constitute a defense against any charge of violating this
25 Section.
26 (c) Except as provided under paragraphs (c-3) and (d) of
27 this Section, every person convicted of violating this
28 Section or a similar provision of a local ordinance, shall be
29 guilty of a Class A misdemeanor and, in addition to any other
30 criminal or administrative action, for any second conviction
31 of violating this Section or a similar provision of a law of
32 another state or local ordinance committed within 5 years of
33 a previous violation of this Section or a similar provision
34 of a local ordinance shall be mandatorily sentenced to a
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1 minimum of 48 consecutive hours of imprisonment or assigned
2 to a minimum of 100 hours of community service as may be
3 determined by the court. Every person convicted of violating
4 this Section or a similar provision of a local ordinance
5 shall be subject to a mandatory minimum fine of $500 and a
6 mandatory 5 days of community service in a program benefiting
7 children if the person committed a violation of paragraph (a)
8 or a similar provision of a local ordinance while
9 transporting a person under age 16. Every person convicted a
10 second time for violating this Section or a similar provision
11 of a local ordinance within 5 years of a previous violation
12 of this Section or a similar provision of a law of another
13 state or local ordinance shall be subject to a mandatory
14 minimum fine of $500 and 10 days of mandatory community
15 service in a program benefiting children if the current
16 offense was committed while transporting a person under age
17 16. The imprisonment or assignment under this subsection
18 shall not be subject to suspension nor shall the person be
19 eligible for probation in order to reduce the sentence or
20 assignment.
21 (c-1) A person who violates this Section during a period
22 in which his or her driving privileges are revoked or
23 suspended, where the revocation or suspension was for a
24 violation of this Section or Section 11-501.1 shall, unless
25 sentenced to a term of imprisonment in the penitentiary, in
26 addition to any other criminal or administrative action, be
27 sentenced to a minimum term of 30 consecutive days of
28 imprisonment, 40 days of 24 hour periodic imprisonment or 720
29 hours of community service, as may be determined by the
30 court. This mandatory minimum term of imprisonment or
31 assignment of community service shall not be suspended and
32 shall not be subject to reduction by the court.
33 (c-2) (Blank).
34 (c-3) Every person convicted of violating this Section
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1 or a similar provision of a local ordinance who had a child
2 under age 16 in the vehicle at the time of the offense shall
3 have his or her punishment under this Act enhanced by 2 days
4 of imprisonment for a first offense, 10 days of imprisonment
5 for a second offense, 30 days of imprisonment for a third
6 offense, and 90 days of imprisonment for a fourth or
7 subsequent offense, in addition to the fine and community
8 service required under subsection (c) and the possible
9 imprisonment required under subsection (d). The imprisonment
10 or assignment under this subsection shall not be subject to
11 suspension nor shall the person be eligible for probation in
12 order to reduce the sentence or assignment.
13 (d) (1) Every person convicted of committing a violation
14 of this Section shall be guilty of aggravated driving under
15 the influence of alcohol or drugs or a combination of both
16 if:
17 (A) the person committed a violation of this
18 Section, or a similar provision of a law of another state
19 or a local ordinance when the cause of action is the same
20 as or substantially similar to this Section, for the
21 third or subsequent time;
22 (B) the person committed a violation of paragraph
23 (a) while driving a school bus with children on board;
24 (C) the person in committing a violation of
25 paragraph (a) was involved in a motor vehicle accident
26 that resulted in great bodily harm or permanent
27 disability or disfigurement to another, when the
28 violation was a proximate cause of the injuries; or
29 (D) the person committed a violation of paragraph
30 (a) for a second time and has been previously convicted
31 of violating Section 9-3 of the Criminal Code of 1961
32 relating to reckless homicide in which the person was
33 determined to have been under the influence of alcohol or
34 any other drug or drugs as an element of the offense or
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1 the person has previously been convicted under
2 subparagraph (C) of this paragraph (1); or
3 (E) the person committed a violation of this
4 Section or a similar provision of a local ordinance when
5 the cause of action is the same as or substantially
6 similar to this Section and the alcohol concentration in
7 the person's blood or breath is 0.25 or more based on the
8 definition of blood and breath units in Section 11-501.2.
9 (2) Except as provided in paragraph (3) of this
10 subsection (d), aggravated driving under the influence of
11 alcohol or drugs or a combination of both is a Class 4 felony
12 for which a person, if sentenced to a term of imprisonment,
13 shall be sentenced to not less than one year and not more
14 than 3 years for a violation of subparagraph (A), (B) or (D)
15 of paragraph (1) of this subsection (d) and not less than one
16 year and not more than 12 years for a violation of
17 subparagraph (C) of paragraph (1) of this subsection (d).
18 (3) A person who commits a violation of this Section, or
19 a similar provision of a law of another state or a local
20 ordinance when the cause of action is the same as or
21 substantially similar to this Section, for the fourth time is
22 guilty of a Class 3 felony. A person who commits a violation
23 of this Section, or a similar provision of a law of another
24 state or a local ordinance when the cause of action is the
25 same as or substantially similar to this Section, for the
26 fifth or subsequent time is guilty of a Class 2 felony. If
27 sentenced to a term of imprisonment under this paragraph (3),
28 the person shall be sentenced to not less than one year.
29 (e) After a finding of guilt and prior to any final
30 sentencing, or an order for supervision, for an offense based
31 upon an arrest for a violation of this Section or a similar
32 provision of a local ordinance, individuals shall be required
33 to undergo a professional evaluation to determine if an
34 alcohol or other drug abuse problem exists and the extent of
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1 the problem. Programs conducting these evaluations shall be
2 licensed by the Department of Human Services. The cost of
3 any professional evaluation shall be paid for by the
4 individual required to undergo the professional evaluation.
5 (f) Every person found guilty of violating this Section,
6 whose operation of a motor vehicle while in violation of this
7 Section proximately caused any incident resulting in an
8 appropriate emergency response, shall be liable for the
9 expense of an emergency response as provided under Section
10 5-5-3 of the Unified Code of Corrections.
11 (g) The Secretary of State shall revoke the driving
12 privileges of any person convicted under this Section or a
13 similar provision of a local ordinance.
14 (h) Every person sentenced under subsection (d) of this
15 Section and who receives a term of probation or conditional
16 discharge shall be required to serve a minimum term of either
17 30 days community service or, beginning July 1, 1993, 48
18 consecutive hours of imprisonment as a condition of the
19 probation or conditional discharge. This mandatory minimum
20 term of imprisonment or assignment of community service shall
21 not be suspended and shall not be subject to reduction by the
22 court.
23 (i) The Secretary of State shall establish a pilot
24 program to test the effectiveness of ignition interlock
25 device requirements upon individuals who have been arrested
26 for a second or subsequent offense of this Section. The
27 Secretary shall establish by rule and regulation the
28 population and procedures for use of the interlock system.
29 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
30 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
31 8-9-96; 90-43, eff. 7-2-97.)
32 Section 10. The Criminal Code of 1961 is amended by
33 changing Section 36-1 as follows:
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1 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
2 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
3 used with the knowledge and consent of the owner in the
4 commission of, or in the attempt to commit as defined in
5 Section 8-4 of this Code, an offense prohibited by (a)
6 Section 9-1, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
7 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2, 19-3, 20-1,
8 20-2, 24-1.2 or 28-1 of this Code, or paragraph (a) of
9 Section 12-15 or paragraphs (a), (c) or (d) of Section 12-16
10 of this Code; (b) Section 21, 22, 23, 24 or 26 of the
11 Cigarette Tax Act if the vessel, vehicle or aircraft contains
12 more than 10 cartons of such cigarettes; (c) Section 28, 29
13 or 30 of the Cigarette Use Tax Act if the vessel, vehicle or
14 aircraft contains more than 10 cartons of such cigarettes; or
15 (d) Section 44 of the Environmental Protection Act; may be
16 seized and delivered forthwith to the sheriff of the county
17 of seizure.
18 Any vehicle used with the knowledge and consent of the
19 owner in the commission of a second or subsequent violation
20 of Section 11-501 of the Illinois Vehicle Code, or a similar
21 provision of a local ordinance, or Section 6-303 of the
22 Illinois Vehicle Code, if the original revocation or
23 suspension was for a violation of Section 11-501 of the
24 Illinois Vehicle Code or a similar provision of a local
25 ordinance, may be seized and delivered forthwith to the
26 sheriff of the county of seizure if the owner knows that the
27 vehicle is being used in the commission of a violation of
28 Section 11-501 of the Illinois Vehicle Code, or a similar
29 provision of a local ordinance, or Section 6-303 of the
30 Illinois Vehicle Code. A rebuttable presumption exists that
31 an owner that is a family or household member, as defined
32 under the Illinois Domestic Violence Act of 1986, knows that
33 another family or household member is using the vehicle in
34 the commission of a violation of Section 11-501 of the
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1 Illinois Vehicle Code, or a similar provision of a local
2 ordinance, or Section 6-303 of the Illinois Vehicle Code.
3 Within 15 days after the such delivery the sheriff shall
4 give notice of seizure to each person according to the
5 following method: Upon each such person whose right, title or
6 interest is of record in the office of the Secretary of
7 State, the Secretary of Transportation, the Administrator of
8 the Federal Aviation Agency, or any other Department of this
9 State, or any other state of the United States if such
10 vessel, vehicle or aircraft is required to be so registered,
11 as the case may be, by mailing a copy of the notice by
12 certified mail to the address as given upon the records of
13 the Secretary of State, the Department of Aeronautics,
14 Department of Public Works and Buildings or any other
15 Department of this State or the United States if such vessel,
16 vehicle or aircraft is required to be so registered. Within
17 that 15 day period the sheriff shall also notify the State's
18 Attorney of the county of seizure about the seizure.
19 In addition, any mobile or portable equipment used in the
20 commission of an act which is in violation of Section 7g of
21 the Metropolitan Water Reclamation District Act shall be
22 subject to seizure and forfeiture under the same procedures
23 provided in this Article for the seizure and forfeiture of
24 vessels, vehicles and aircraft, and any such equipment shall
25 be deemed a vessel, vehicle or aircraft for purposes of this
26 Article.
27 When a person discharges a firearm at another individual
28 from a vehicle with the knowledge and consent of the owner of
29 the vehicle and with the intent to cause death or great
30 bodily harm to that individual and as a result causes death
31 or great bodily harm to that individual, the vehicle shall be
32 subject to seizure and forfeiture under the same procedures
33 provided in this Article for the seizure and forfeiture of
34 vehicles used in violations of clauses (a), (b), (c), or (d)
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1 of this Section.
2 (Source: P.A. 88-669, eff. 11-29-94; 88-670, eff. 12-2-94;
3 88-679, eff. 7-1-95.)