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91_HB0985eng HB0985 Engrossed LRB9104290KSgc 1 AN ACT to amend the Illinois Vehicle Code. 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 Section 11-501 as follows: 6 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) 7 Sec. 11-501. Driving while under the influence of 8 alcohol, other drug or drugs, intoxicating compound or 9 compounds or any combination thereof. 10 (a) A person shall not drive or be in actual physical 11 control of aanyvehicle within this State while: 12 (1) the alcohol concentration in the person's blood 13 or breath is 0.08 or more based on the definition of 14 blood and breath units in Section 11-501.2; 15 (2) under the influence of alcohol; 16 (3) under the influence of any intoxicating 17 compound or combination of intoxicating compounds to a 18 degree that renders the person incapable of driving 19 safely; 20 (4) under the influence of any other drug or 21 combination of drugs to a degree that renders the person 22 incapable of safely driving; 23 (5) under the combined influence of alcohol, other 24 drug or drugs, or intoxicating compound or compounds to a 25 degree that renders the person incapable of safely 26 driving; or 27 (6) there is any amount of a drug, substance, or 28 compound in the person's breath, blood, or urine 29 resulting from the unlawful use or consumption of 30 cannabis listed in the Cannabis Control Act, a controlled 31 substance listed in the Illinois Controlled Substances HB0985 Engrossed -2- LRB9104290KSgc 1 Act, or an intoxicating compound listed in the Use of 2 Intoxicating Compounds Act. 3 (b) The fact that any person charged with violating this 4 Section is or has been legally entitled to use alcohol, other 5 drug or drugs, or intoxicating compound or compounds, or any 6 combination thereof, shall not constitute a defense against 7 any charge of violating this Section. 8 (c) Except as provided under paragraphs (c-3) and (d) of 9 this Section, every person convicted of violating this 10 Section or a similar provision of a local ordinance, shall be 11 guilty of a Class A misdemeanor and, in addition to any other 12 criminal or administrative action, for any second conviction 13 of violating this Section or a similar provision of a law of 14 another state or local ordinance committed within 5 years of 15 a previous violation of this Section or a similar provision 16 of a local ordinance shall be mandatorily sentenced to a 17 minimum of 48 consecutive hours of imprisonment or assigned 18 to a minimum of 100 hours of community service as may be 19 determined by the court. Every person convicted of violating 20 this Section or a similar provision of a local ordinance 21 shall be subject to a mandatory minimum fine of $500 and a 22 mandatory 5 days of community service in a program benefiting 23 children if the person committed a violation of paragraph (a) 24 or a similar provision of a local ordinance while 25 transporting a person under age 16. Every person convicted a 26 second time for violating this Section or a similar provision 27 of a local ordinance within 5 years of a previous violation 28 of this Section or a similar provision of a law of another 29 state or local ordinance shall be subject to a mandatory 30 minimum fine of $500 and 10 days of mandatory community 31 service in a program benefiting children if the current 32 offense was committed while transporting a person under age 33 16. The imprisonment or assignment under this subsection 34 shall not be subject to suspension nor shall the person be HB0985 Engrossed -3- LRB9104290KSgc 1 eligible for probation in order to reduce the sentence or 2 assignment. 3 (c-1) (1) A person who violates this Section during a 4 period in which his or her driving privileges are revoked 5 or suspended, where the revocation or suspension was for 6 a violation of this Section, Section 11-501.1, paragraph 7 (b) of Section 11-401, or Section 9-3 of the Criminal 8 Code of 1961 is guilty of a Class 4 felony. 9 (2) A person who violates this Section a third time 10 during a period in which his or her driving privileges 11 are revoked or suspended where the revocation or 12 suspension was for a violation of this Section, Section 13 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 14 of the Criminal Code of 1961 is guilty of a Class 3 15 felony. 16 (3) A person who violates this Section a fourth or 17 subsequent time during a period in which his or her 18 driving privileges are revoked or suspended where the 19 revocation or suspension was for a violation of this 20 Section, Section 11-501.1, paragraph (b) of Section 21 11-401, or Section 9-3 of the Criminal Code of 1961 is 22 guilty of a Class 2 felony. 23 (c-2) (Blank). 24 (c-3) Every person convicted of violating this Section 25 or a similar provision of a local ordinance who had a child 26 under age 16 in the vehicle at the time of the offense shall 27 have his or her punishment under this Act enhanced by 2 days 28 of imprisonment for a first offense, 10 days of imprisonment 29 for a second offense, 30 days of imprisonment for a third 30 offense, and 90 days of imprisonment for a fourth or 31 subsequent offense, in addition to the fine and community 32 service required under subsection (c) and the possible 33 imprisonment required under subsection (d). The imprisonment 34 or assignment under this subsection shall not be subject to HB0985 Engrossed -4- LRB9104290KSgc 1 suspension nor shall the person be eligible for probation in 2 order to reduce the sentence or assignment. 3 (d) (1) Every person convicted of committing a violation 4 of this Section shall be guilty of aggravated driving under 5 the influence of alcohol, other drug or drugs, or 6 intoxicating compound or compounds, or any combination 7 thereof if: 8 (A) the person committed a violation of this 9 Section, or a similar provision of a law of another state 10 or a local ordinance when the cause of action is the same 11 as or substantially similar to this Section, for the 12 third or subsequent time; 13 (B) the person committed a violation of paragraph 14 (a) while driving a school bus with children on board; 15 (C) the person in committing a violation of 16 paragraph (a) was involved in a motor vehicle accident 17 that resulted in great bodily harm or permanent 18 disability or disfigurement to another, when the 19 violation was a proximate cause of the injuries; or 20 (D) the person committed a violation of paragraph 21 (a) for a second time and has been previously convicted 22 of violating Section 9-3 of the Criminal Code of 1961 23 relating to reckless homicide in which the person was 24 determined to have been under the influence of alcohol, 25 other drug or drugs, or intoxicating compound or 26 compounds as an element of the offense or the person has 27 previously been convicted under subparagraph (C) of this 28 paragraph (1). 29 (2) Aggravated driving under the influence of alcohol, 30 other drug or drugs, or intoxicating compound or compounds, 31 or any combination thereof is a Class 4 felony for which a 32 person, if sentenced to a term of imprisonment, shall be 33 sentenced to not less than one year and not more than 3 years 34 for a violation of subparagraph (A), (B) or (D) of paragraph HB0985 Engrossed -5- LRB9104290KSgc 1 (1) of this subsection (d) and not less than one year and not 2 more than 12 years for a violation of subparagraph (C) of 3 paragraph (1) of this subsection (d). For any prosecution 4 under this subsection (d), a certified copy of the driving 5 abstract of the defendant shall be admitted as proof of any 6 prior conviction. 7 (e) After a finding of guilt and prior to any final 8 sentencing, or an order for supervision, for an offense based 9 upon an arrest for a violation of this Section or a similar 10 provision of a local ordinance, individuals shall be required 11 to undergo a professional evaluation to determine if an 12 alcohol, drug, or intoxicating compound abuse problem exists 13 and the extent of the problem. Programs conducting these 14 evaluations shall be licensed by the Department of Human 15 Services. The cost of any professional evaluation shall be 16 paid for by the individual required to undergo the 17 professional evaluation. 18 (f) Every person found guilty of violating this Section, 19 whose operation of a motor vehicle while in violation of this 20 Section proximately caused any incident resulting in an 21 appropriate emergency response, shall be liable for the 22 expense of an emergency response as provided under Section 23 5-5-3 of the Unified Code of Corrections. 24 (g) The Secretary of State shall revoke the driving 25 privileges of any person convicted under this Section or a 26 similar provision of a local ordinance. 27 (h) Every person sentenced under subsection (d) of this 28 Section and who receives a term of probation or conditional 29 discharge shall be required to serve a minimum term of either 30 30 days community service or, beginning July 1, 1993, 48 31 consecutive hours of imprisonment as a condition of the 32 probation or conditional discharge. This mandatory minimum 33 term of imprisonment or assignment of community service shall 34 not be suspended and shall not be subject to reduction by the HB0985 Engrossed -6- LRB9104290KSgc 1 court. 2 (i) The Secretary of State may use ignition interlock 3 device requirements when granting driving relief to 4 individuals who have been arrested for a second or subsequent 5 offense of this Section or a similar provision of a local 6 ordinance. The Secretary shall establish by rule and 7 regulation the procedures for use of the interlock system. 8 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96; 9 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff. 10 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 90-611, 11 eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 1-1-99; 12 90-779, eff. 1-1-99; revised 9-16-98.)