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91_SB1361eng SB1361 Engrossed LRB9111039WHmb 1 AN ACT to re-enact various provisions of Public Act 2 88-680 amending the Illinois Vehicle Code. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Purpose. 6 (1) The General Assembly finds and declares that: 7 (i) Public Act 88-680, effective January 1, 1995, 8 contained provisions amending the Illinois Vehicle Code. 9 Public Act 88-680 also contained other provisions. 10 (ii) In addition, Public Act 88-680 was entitled 11 "AN ACT to create a Safe Neighborhoods Law". (A) Article 12 5 was entitled JUVENILE JUSTICE and amended the Juvenile 13 Court Act of 1987. (B) Article 15 was entitled GANGS and 14 amended various provisions of the Criminal Code of 1961 15 and the Unified Code of Corrections. (C) Article 20 was 16 entitled ALCOHOL ABUSE and amended various provisions of 17 the Illinois Vehicle Code. (D) Article 25 was entitled 18 DRUG ABUSE and amended the Cannabis Control Act and the 19 Illinois Controlled Substances Act. (E) Article 30 was 20 entitled FIREARMS and amended the Criminal Code of 1961 21 and the Code of Criminal Procedure of 1963. (F) Article 22 35 amended the Criminal Code of 1961, the Rights of Crime 23 Victims and Witnesses Act, and the Unified Code of 24 Corrections. (G) Article 40 amended the Criminal Code of 25 1961 to increase the penalty for compelling organization 26 membership of persons. (H) Article 45 created the Secure 27 Residential Youth Care Facility Licensing Act and amended 28 the State Finance Act, the Juvenile Court Act of 1987, 29 the Unified Code of Corrections, and the Private 30 Correctional Facility Moratorium Act. (I) Article 50 31 amended the WIC Vendor Management Act, the Firearm Owners 32 Identification Card Act, the Juvenile Court Act of 1987, SB1361 Engrossed -2- LRB9111039WHmb 1 the Criminal Code of 1961, the Wrongs to Children Act, 2 and the Unified Code of Corrections. 3 (iii) On December 2, 1999, the Illinois Supreme 4 Court, in People v. Cervantes, Docket No. 87229, ruled 5 that Public Act 88-680 violates the single subject clause 6 of the Illinois Constitution (Article IV, Section 8 (d)) 7 and was unconstitutional in its entirety. 8 (iv) The provisions of Public Act 88-680 amending 9 the Illinois Vehicle Code are of vital concern to the 10 people of this State and legislative action concerning 11 those provisions of Public Act 88-680 is necessary. 12 (2) It is the purpose of this Act to re-enact the 13 provisions of Public Act 88-680 amending the Illinois Vehicle 14 Code, including subsequent amendments. This re-enactment is 15 intended to remove any question as to the validity or 16 content of those provisions. 17 (3) This Act re-enacts various provisions of Public Act 18 88-680 amending the Illinois Vehicle Code, including 19 subsequent amendments, to remove any question as to the 20 validity or content of those provisions; it is not intended 21 to supersede any other Public Act that amends the text of the 22 Sections as set forth in this Act. The material is shown as 23 existing text (i.e., without underscoring). 24 ARTICLE 20. ALCOHOL ABUSE 25 Section 20-900. The Illinois Vehicle Code is amended by 26 re-enacting Sections 6-303 and 11-501 as follows: 27 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303) 28 Sec. 6-303. Driving while driver's license, permit or 29 privilege to operate a motor vehicle is suspended or revoked. 30 (a) Any person who drives or is in actual physical 31 control of a motor vehicle on any highway of this State at a SB1361 Engrossed -3- LRB9111039WHmb 1 time when such person's driver's license, permit or privilege 2 to do so or the privilege to obtain a driver's license or 3 permit is revoked or suspended as provided by this Code or 4 the law of another state, except as may be specifically 5 allowed by a judicial driving permit, family financial 6 responsibility driving permit, probationary license to drive, 7 or a restricted driving permit issued pursuant to this Code 8 or under the law of another state, shall be guilty of a Class 9 A misdemeanor. 10 (b) The Secretary of State upon receiving a report of 11 the conviction of any violation indicating a person was 12 operating a motor vehicle during the time when said person's 13 driver's license, permit or privilege was suspended by the 14 Secretary, by the appropriate authority of another state, or 15 pursuant to Section 11-501.1; except as may be specifically 16 allowed by a probationary license to drive, judicial driving 17 permit or restricted driving permit issued pursuant to this 18 Code or the law of another state; shall extend the suspension 19 for the same period of time as the originally imposed 20 suspension; however, if the period of suspension has then 21 expired, the Secretary shall be authorized to suspend said 22 person's driving privileges for the same period of time as 23 the originally imposed suspension; and if the conviction was 24 upon a charge which indicated that a vehicle was operated 25 during the time when the person's driver's license, permit or 26 privilege was revoked; except as may be allowed by a 27 restricted driving permit issued pursuant to this Code or the 28 law of another state; the Secretary shall not issue a 29 driver's license for an additional period of one year from 30 the date of such conviction indicating such person was 31 operating a vehicle during such period of revocation. 32 (c) Any person convicted of violating this Section shall 33 serve a minimum term of imprisonment of 7 consecutive days or 34 30 days of community service when the person's driving SB1361 Engrossed -4- LRB9111039WHmb 1 privilege was revoked or suspended as a result of: 2 (1) a violation of Section 11-501 of this Code or a 3 similar provision of a local ordinance relating to the 4 offense of operating or being in physical control of a 5 vehicle while under the influence of alcohol, any other 6 drug or any combination thereof; or 7 (2) a violation of paragraph (b) of Section 11-401 8 of this Code or a similar provision of a local ordinance 9 relating to the offense of leaving the scene of a motor 10 vehicle accident involving personal injury or death; or 11 (3) a violation of Section 9-3 of the Criminal Code 12 of 1961, as amended, relating to the offense of reckless 13 homicide; or 14 (4) a statutory summary suspension under Section 15 11-501.1 of this Code. 16 Such sentence of imprisonment or community service shall 17 not be subject to suspension in order to reduce such 18 sentence. 19 (d) Any person convicted of a second or subsequent 20 violation of this Section shall be guilty of a Class 4 felony 21 if the original revocation or suspension was for a violation 22 of Section 11-401 or 11-501 of this Code, or a similar 23 out-of-state offense, or a similar provision of a local 24 ordinance, a violation of Section 9-3 of the Criminal Code of 25 1961, relating to the offense of reckless homicide, or a 26 similar out-of-state offense, or a statutory summary 27 suspension under Section 11-501.1 of this Code. 28 (e) Any person in violation of this Section who is also 29 in violation of Section 7-601 of this Code relating to 30 mandatory insurance requirements, in addition to other 31 penalties imposed under this Section, shall have his or her 32 motor vehicle immediately impounded by the arresting law 33 enforcement officer. The motor vehicle may be released to 34 any licensed driver upon a showing of proof of insurance for SB1361 Engrossed -5- LRB9111039WHmb 1 the vehicle that was impounded and the notarized written 2 consent for the release by the vehicle owner. 3 (f) For any prosecution under this Section, a certified 4 copy of the driving abstract of the defendant shall be 5 admitted as proof of any prior conviction. 6 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159, 7 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97; 8 90-738, eff. 1-1-99.) 9 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) 10 Sec. 11-501. Driving while under the influence of 11 alcohol, other drug or drugs, intoxicating compound or 12 compounds or any combination thereof. 13 (a) A person shall not drive or be in actual physical 14 control of any vehicle within this State while: 15 (1) the alcohol concentration in the person's blood 16 or breath is 0.08 or more based on the definition of 17 blood and breath units in Section 11-501.2; 18 (2) under the influence of alcohol; 19 (3) under the influence of any intoxicating 20 compound or combination of intoxicating compounds to a 21 degree that renders the person incapable of driving 22 safely; 23 (4) under the influence of any other drug or 24 combination of drugs to a degree that renders the person 25 incapable of safely driving; 26 (5) under the combined influence of alcohol, other 27 drug or drugs, or intoxicating compound or compounds to a 28 degree that renders the person incapable of safely 29 driving; or 30 (6) there is any amount of a drug, substance, or 31 compound in the person's breath, blood, or urine 32 resulting from the unlawful use or consumption of 33 cannabis listed in the Cannabis Control Act, a controlled SB1361 Engrossed -6- LRB9111039WHmb 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 SB1361 Engrossed -7- LRB9111039WHmb 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 SB1361 Engrossed -8- LRB9111039WHmb 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 SB1361 Engrossed -9- LRB9111039WHmb 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 SB1361 Engrossed -10- LRB9111039WHmb 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. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 23 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 24 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357, 25 eff. 7-29-99.) 26 ARTICLE 990 27 Section 990-1. Severability. The provisions of this Act 28 are severable under Section 1.31 of the Statute on Statutes. 29 ARTICLE 999 30 Section 999-1. Effective date. This Act takes effect SB1361 Engrossed -11- LRB9111039WHmb 1 upon becoming law.