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91_SB0740enr SB740 Enrolled LRB9105989KStm 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Section 11-501. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 changing Section 11-501 as follows: 7 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) 8 Sec. 11-501. Driving while under the influence of 9 alcohol, other drug or drugs, intoxicating compound or 10 compounds or any combination thereof. 11 (a) A person shall not drive or be in actual physical 12 control of any vehicle within this State while: 13 (1) the alcohol concentration in the person's blood 14 or breath is 0.08 or more based on the definition of 15 blood and breath units in Section 11-501.2; 16 (2) under the influence of alcohol; 17 (3) under the influence of any intoxicating 18 compound or combination of intoxicating compounds to a 19 degree that renders the person incapable of driving 20 safely; 21 (4) under the influence of any other drug or 22 combination of drugs to a degree that renders the person 23 incapable of safely driving; 24 (5) under the combined influence of alcohol, other 25 drug or drugs, or intoxicating compound or compounds to a 26 degree that renders the person incapable of safely 27 driving; or 28 (6) there is any amount of a drug, substance, or 29 compound in the person's breath, blood, or urine 30 resulting from the unlawful use or consumption of 31 cannabis listed in the Cannabis Control Act, a controlled SB740 Enrolled -2- LRB9105989KStm 1 substance listed in the Illinois Controlled Substances 2 Act, or an intoxicating compound listed in the Use of 3 Intoxicating Compounds Act. 4 (b) The fact that any person charged with violating this 5 Section is or has been legally entitled to use alcohol, other 6 drug or drugs, or intoxicating compound or compounds, or any 7 combination thereof, shall not constitute a defense against 8 any charge of violating this Section. 9 (c) Except as provided under paragraphs (c-3) and (d) of 10 this Section, every person convicted of violating this 11 Section or a similar provision of a local ordinance, shall be 12 guilty of a Class A misdemeanor and, in addition to any other 13 criminal or administrative action, for any second conviction 14 of violating this Section or a similar provision of a law of 15 another state or local ordinance committed within 5 years of 16 a previous violation of this Section or a similar provision 17 of a local ordinance shall be mandatorily sentenced to a 18 minimum of 48 consecutive hours of imprisonment or assigned 19 to a minimum of 100 hours of community service as may be 20 determined by the court. Every person convicted of violating 21 this Section or a similar provision of a local ordinance 22 shall be subject to a mandatory minimum fine of $500 and a 23 mandatory 5 days of community service in a program benefiting 24 children if the person committed a violation of paragraph (a) 25 or a similar provision of a local ordinance while 26 transporting a person under age 16. Every person convicted a 27 second time for violating this Section or a similar provision 28 of a local ordinance within 5 years of a previous violation 29 of this Section or a similar provision of a law of another 30 state or local ordinance shall be subject to a mandatory 31 minimum fine of $500 and 10 days of mandatory community 32 service in a program benefiting children if the current 33 offense was committed while transporting a person under age 34 16. The imprisonment or assignment under this subsection SB740 Enrolled -3- LRB9105989KStm 1 shall not be subject to suspension nor shall the person be 2 eligible for probation in order to reduce the sentence or 3 assignment. 4 (c-1) (1) A person who violates this Section during a 5 period in which his or her driving privileges are revoked 6 or suspended, where the revocation or suspension was for 7 a violation of this Section, Section 11-501.1, paragraph 8 (b) of Section 11-401, or Section 9-3 of the Criminal 9 Code of 1961 is guilty of a Class 4 felony. 10 (2) A person who violates this Section a third time 11 during a period in which his or her driving privileges 12 are revoked or suspended where the revocation or 13 suspension was for a violation of this Section, Section 14 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 15 of the Criminal Code of 1961 is guilty of a Class 3 16 felony. 17 (3) A person who violates this Section a fourth or 18 subsequent time during a period in which his or her 19 driving privileges are revoked or suspended where the 20 revocation or suspension was for a violation of this 21 Section, Section 11-501.1, paragraph (b) of Section 22 11-401, or Section 9-3 of the Criminal Code of 1961 is 23 guilty of a Class 2 felony. 24 (c-2) (Blank). 25 (c-3) Every person convicted of violating this Section 26 or a similar provision of a local ordinance who had a child 27 under age 16 in the vehicle at the time of the offense shall 28 have his or her punishment under this Act enhanced by 2 days 29 of imprisonment for a first offense, 10 days of imprisonment 30 for a second offense, 30 days of imprisonment for a third 31 offense, and 90 days of imprisonment for a fourth or 32 subsequent offense, in addition to the fine and community 33 service required under subsection (c) and the possible 34 imprisonment required under subsection (d). The imprisonment SB740 Enrolled -4- LRB9105989KStm 1 or assignment under this subsection shall not be subject to 2 suspension nor shall the person be eligible for probation in 3 order to reduce the sentence or assignment. 4 (d) (1) Every person convicted of committing a violation 5 of this Section shall be guilty of aggravated driving under 6 the influence of alcohol, other drug or drugs, or 7 intoxicating compound or compounds, or any combination 8 thereof if: 9 (A) the person committed a violation of this 10 Section, or a similar provision of a law of another state 11 or a local ordinance when the cause of action is the same 12 as or substantially similar to this Section, for the 13 third or subsequent time; 14 (B) the person committed a violation of paragraph 15 (a) while driving a school bus with children on board; 16 (C) the person in committing a violation of 17 paragraph (a) was involved in a motor vehicle accident 18 that resulted in great bodily harm or permanent 19 disability or disfigurement to another, when the 20 violation was a proximate cause of the injuries; or 21 (D) the person committed a violation of paragraph 22 (a) for a second time and has been previously convicted 23 of violating Section 9-3 of the Criminal Code of 1961 24 relating to reckless homicide in which the person was 25 determined to have been under the influence of alcohol, 26 other drug or drugs, or intoxicating compound or 27 compounds as an element of the offense or the person has 28 previously been convicted under subparagraph (C) of this 29 paragraph (1). 30 (2) Aggravated driving under the influence of alcohol, 31 other drug or drugs, or intoxicating compound or compounds, 32 or any combination thereof is a Class 4 felony for which a 33 person, if sentenced to a term of imprisonment, shall be 34 sentenced to not less than one year and not more than 3 years SB740 Enrolled -5- LRB9105989KStm 1 for a violation of subparagraph (A), (B) or (D) of paragraph 2 (1) of this subsection (d) and not less than one year and not 3 more than 12 years for a violation of subparagraph (C) of 4 paragraph (1) of this subsection (d). For any prosecution 5 under this subsection (d), a certified copy of the driving 6 abstract of the defendant shall be admitted as proof of any 7 prior conviction. 8 (e) After a finding of guilt and prior to any final 9 sentencing, or an order for supervision, for an offense based 10 upon an arrest for a violation of this Section or a similar 11 provision of a local ordinance, individuals shall be required 12 to undergo a professional evaluation to determine if an 13 alcohol, drug, or intoxicating compound abuse problem exists 14 and the extent of the problem. Programs conducting these 15 evaluations shall be licensed by the Department of Human 16 Services. The cost of any professional evaluation shall be 17 paid for by the individual required to undergo the 18 professional evaluation. 19 (f) Every person found guilty of violating this Section, 20 whose operation of a motor vehicle while in violation of this 21 Section proximately caused any incident resulting in an 22 appropriate emergency response, shall be liable for the 23 expense of an emergency response as provided under Section 24 5-5-3 of the Unified Code of Corrections. 25 (g) The Secretary of State shall revoke the driving 26 privileges of any person convicted under this Section or a 27 similar provision of a local ordinance. 28 (h) Every person sentenced under subsection (d) of this 29 Section and who receives a term of probation or conditional 30 discharge shall be required to serve a minimum term of either 31 30 days community service or, beginning July 1, 1993, 48 32 consecutive hours of imprisonment as a condition of the 33 probation or conditional discharge. This mandatory minimum 34 term of imprisonment or assignment of community service shall SB740 Enrolled -6- LRB9105989KStm 1 not be suspended and shall not be subject to reduction by the 2 court. 3 (i) The Secretary of State may use ignition interlock 4 device requirements when granting driving relief to 5 individuals who have been arrested for a second or subsequent 6 offense of this Section or a similar provision of a local 7 ordinance. The Secretary shall establish by rule and 8 regulation the procedures for use of the interlock system. 9 (j) In addition to any other penalties and liabilities, 10 a person who is found guilty of violating this Section shall 11 be fined $100, payable to the circuit clerk, who shall 12 distribute the money to the law enforcement agency that made 13 the arrest. In the event that more than one agency is 14 responsible for the arrest, the $100 shall be shared equally. 15 Any moneys received by a law enforcement agency under this 16 subsection (j) shall be used to purchase law enforcement 17 equipment that will assist in the prevention of alcohol 18 related criminal violence throughout the State. This shall 19 include, but is not limited to, in-car video cameras, radar 20 and laser speed detection devices, and alcohol breath 21 testers. 22 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96; 23 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff. 24 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 90-611, 25 eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 1-1-99; 26 90-779, eff. 1-1-99; revised 9-16-98.) 27 Section 99. Effective date. This Act takes effect upon 28 becoming law.