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91_SB1498
LRB9112784DHmb
1 AN ACT in relation to fines for driving under the
2 influence of alcohol or drugs.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Finance Act is amended by changing
6 Section 5.414 as follows:
7 (30 ILCS 105/5.414)
8 Sec. 5.414. The State Police Crime Laboratory DUI Fund.
9 (Source: P.A. 89-54, eff. 6-30-95; 89-626, eff. 8-9-96.)
10 Section 10. The Illinois Vehicle Code is amended by
11 changing Section 11-501 as follows:
12 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
13 Sec. 11-501. Driving while under the influence of
14 alcohol, other drug or drugs, intoxicating compound or
15 compounds or any combination thereof.
16 (a) A person shall not drive or be in actual physical
17 control of any vehicle within this State while:
18 (1) the alcohol concentration in the person's blood
19 or breath is 0.08 or more based on the definition of
20 blood and breath units in Section 11-501.2;
21 (2) under the influence of alcohol;
22 (3) under the influence of any intoxicating
23 compound or combination of intoxicating compounds to a
24 degree that renders the person incapable of driving
25 safely;
26 (4) under the influence of any other drug or
27 combination of drugs to a degree that renders the person
28 incapable of safely driving;
29 (5) under the combined influence of alcohol, other
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1 drug or drugs, or intoxicating compound or compounds to a
2 degree that renders the person incapable of safely
3 driving; or
4 (6) there is any amount of a drug, substance, or
5 compound in the person's breath, blood, or urine
6 resulting from the unlawful use or consumption of
7 cannabis listed in the Cannabis Control Act, a controlled
8 substance listed in the Illinois Controlled Substances
9 Act, or an intoxicating compound listed in the Use of
10 Intoxicating Compounds Act.
11 (b) The fact that any person charged with violating this
12 Section is or has been legally entitled to use alcohol, other
13 drug or drugs, or intoxicating compound or compounds, or any
14 combination thereof, shall not constitute a defense against
15 any charge of violating this Section.
16 (c) Except as provided under paragraphs (c-3) and (d) of
17 this Section, every person convicted of violating this
18 Section or a similar provision of a local ordinance, shall be
19 guilty of a Class A misdemeanor and, in addition to any other
20 criminal or administrative action, for any second conviction
21 of violating this Section or a similar provision of a law of
22 another state or local ordinance committed within 5 years of
23 a previous violation of this Section or a similar provision
24 of a local ordinance shall be mandatorily sentenced to a
25 minimum of 48 consecutive hours of imprisonment or assigned
26 to a minimum of 100 hours of community service as may be
27 determined by the court. Every person convicted of violating
28 this Section or a similar provision of a local ordinance
29 shall be subject to a mandatory minimum fine of $500 and a
30 mandatory 5 days of community service in a program benefiting
31 children if the person committed a violation of paragraph (a)
32 or a similar provision of a local ordinance while
33 transporting a person under age 16. Every person convicted a
34 second time for violating this Section or a similar provision
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1 of a local ordinance within 5 years of a previous violation
2 of this Section or a similar provision of a law of another
3 state or local ordinance shall be subject to a mandatory
4 minimum fine of $500 and 10 days of mandatory community
5 service in a program benefiting children if the current
6 offense was committed while transporting a person under age
7 16. The imprisonment or assignment under this subsection
8 shall not be subject to suspension nor shall the person be
9 eligible for probation in order to reduce the sentence or
10 assignment.
11 (c-1) (1) A person who violates this Section during a
12 period in which his or her driving privileges are revoked
13 or suspended, where the revocation or suspension was for
14 a violation of this Section, Section 11-501.1, paragraph
15 (b) of Section 11-401, or Section 9-3 of the Criminal
16 Code of 1961 is guilty of a Class 4 felony.
17 (2) A person who violates this Section a third time
18 during a period in which his or her driving privileges
19 are revoked or suspended where the revocation or
20 suspension was for a violation of this Section, Section
21 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
22 of the Criminal Code of 1961 is guilty of a Class 3
23 felony.
24 (3) A person who violates this Section a fourth or
25 subsequent time during a period in which his or her
26 driving privileges are revoked or suspended where the
27 revocation or suspension was for a violation of this
28 Section, Section 11-501.1, paragraph (b) of Section
29 11-401, or Section 9-3 of the Criminal Code of 1961 is
30 guilty of a Class 2 felony.
31 (c-2) (Blank).
32 (c-3) Every person convicted of violating this Section
33 or a similar provision of a local ordinance who had a child
34 under age 16 in the vehicle at the time of the offense shall
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1 have his or her punishment under this Act enhanced by 2 days
2 of imprisonment for a first offense, 10 days of imprisonment
3 for a second offense, 30 days of imprisonment for a third
4 offense, and 90 days of imprisonment for a fourth or
5 subsequent offense, in addition to the fine and community
6 service required under subsection (c) and the possible
7 imprisonment required under subsection (d). The imprisonment
8 or assignment under this subsection shall not be subject to
9 suspension nor shall the person be eligible for probation in
10 order to reduce the sentence or assignment.
11 (d) (1) Every person convicted of committing a violation
12 of this Section shall be guilty of aggravated driving under
13 the influence of alcohol, other drug or drugs, or
14 intoxicating compound or compounds, or any combination
15 thereof if:
16 (A) the person committed a violation of this
17 Section, or a similar provision of a law of another state
18 or a local ordinance when the cause of action is the same
19 as or substantially similar to this Section, for the
20 third or subsequent time;
21 (B) the person committed a violation of paragraph
22 (a) while driving a school bus with children on board;
23 (C) the person in committing a violation of
24 paragraph (a) was involved in a motor vehicle accident
25 that resulted in great bodily harm or permanent
26 disability or disfigurement to another, when the
27 violation was a proximate cause of the injuries; or
28 (D) the person committed a violation of paragraph
29 (a) for a second time and has been previously convicted
30 of violating Section 9-3 of the Criminal Code of 1961
31 relating to reckless homicide in which the person was
32 determined to have been under the influence of alcohol,
33 other drug or drugs, or intoxicating compound or
34 compounds as an element of the offense or the person has
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1 previously been convicted under subparagraph (C) of this
2 paragraph (1).
3 (2) Aggravated driving under the influence of alcohol,
4 other drug or drugs, or intoxicating compound or compounds,
5 or any combination thereof is a Class 4 felony for which a
6 person, if sentenced to a term of imprisonment, shall be
7 sentenced to not less than one year and not more than 3 years
8 for a violation of subparagraph (A), (B) or (D) of paragraph
9 (1) of this subsection (d) and not less than one year and not
10 more than 12 years for a violation of subparagraph (C) of
11 paragraph (1) of this subsection (d). For any prosecution
12 under this subsection (d), a certified copy of the driving
13 abstract of the defendant shall be admitted as proof of any
14 prior conviction.
15 (e) After a finding of guilt and prior to any final
16 sentencing, or an order for supervision, for an offense based
17 upon an arrest for a violation of this Section or a similar
18 provision of a local ordinance, individuals shall be required
19 to undergo a professional evaluation to determine if an
20 alcohol, drug, or intoxicating compound abuse problem exists
21 and the extent of the problem. Programs conducting these
22 evaluations shall be licensed by the Department of Human
23 Services. The cost of any professional evaluation shall be
24 paid for by the individual required to undergo the
25 professional evaluation.
26 (f) Every person found guilty of violating this Section,
27 whose operation of a motor vehicle while in violation of this
28 Section proximately caused any incident resulting in an
29 appropriate emergency response, shall be liable for the
30 expense of an emergency response as provided under Section
31 5-5-3 of the Unified Code of Corrections.
32 (g) The Secretary of State shall revoke the driving
33 privileges of any person convicted under this Section or a
34 similar provision of a local ordinance.
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1 (h) Every person sentenced under subsection (d) of this
2 Section and who receives a term of probation or conditional
3 discharge shall be required to serve a minimum term of either
4 30 days community service or, beginning July 1, 1993, 48
5 consecutive hours of imprisonment as a condition of the
6 probation or conditional discharge. This mandatory minimum
7 term of imprisonment or assignment of community service shall
8 not be suspended and shall not be subject to reduction by the
9 court.
10 (i) The Secretary of State may use ignition interlock
11 device requirements when granting driving relief to
12 individuals who have been arrested for a second or subsequent
13 offense of this Section or a similar provision of a local
14 ordinance. The Secretary shall establish by rule and
15 regulation the procedures for use of the interlock system.
16 (j) In addition to any other penalties and liabilities,
17 a person who is found guilty of or pleads guilty to violating
18 this Section, including any person placed on court
19 supervision for violating this Section, shall be fined $100,
20 payable to the circuit clerk, who shall distribute the money
21 to the law enforcement agency that made the arrest. In the
22 event that more than one agency is responsible for the
23 arrest, the $100 shall be shared equally. Any moneys
24 received by a law enforcement agency under this subsection
25 (j) shall be used to purchase law enforcement equipment that
26 will assist in the prevention of alcohol related criminal
27 violence throughout the State. This shall include, but is
28 not limited to, in-car video cameras, radar and laser speed
29 detection devices, and alcohol breath testers. Any moneys
30 received by the Department of State Police under this
31 subsection (j) shall be deposited into the State Police DUI
32 Fund and shall be used to purchase law enforcement equipment
33 that will assist in the prevention of alcohol related
34 criminal violence throughout the State.
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1 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
2 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
3 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
4 eff. 7-29-99.)
5 Section 15. The Unified Code of Corrections is amended
6 by changing Section 5-9-1.9 as follows:
7 (730 ILCS 5/5-9-1.9)
8 Sec. 5-9-1.9. DUI analysis fee.
9 (a) "Crime laboratory" means a not-for-profit laboratory
10 substantially funded by a single unit or combination of units
11 of local government or the State of Illinois that regularly
12 employs at least one person engaged in the DUI analysis of
13 blood and urine for criminal justice agencies in criminal
14 matters and provides testimony with respect to such
15 examinations.
16 "DUI analysis" means an analysis of blood or urine for
17 purposes of determining whether a violation of Section 11-501
18 of the Illinois Vehicle Code has occurred.
19 (b) When a person has been adjudged guilty of an offense
20 in violation of Section 11-501 of the Illinois Vehicle Code,
21 in addition to any other disposition, penalty, or fine
22 imposed, a crime laboratory DUI analysis fee of $150 for each
23 offense for which the person was convicted shall be levied by
24 the court for each case in which a laboratory analysis
25 occurred. Upon verified petition of the person, the court
26 may suspend payment of all or part of the fee if it finds
27 that the person does not have the ability to pay the fee.
28 (c) In addition to any other disposition made under the
29 provisions of the Juvenile Court Act of 1987, any minor
30 adjudicated delinquent for an offense which if committed by
31 an adult would constitute a violation of Section 11-501 of
32 the Illinois Vehicle Code shall be assessed a crime
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1 laboratory DUI analysis fee of $150 for each adjudication.
2 Upon verified petition of the minor, the court may suspend
3 payment of all or part of the fee if it finds that the minor
4 does not have the ability to pay the fee. The parent,
5 guardian, or legal custodian of the minor may pay some or all
6 of the fee on the minor's behalf.
7 (d) All crime laboratory DUI analysis fees provided for
8 by this Section shall be collected by the clerk of the court
9 and forwarded to the appropriate crime laboratory DUI fund as
10 provided in subsection (f).
11 (e) Crime laboratory funds shall be established as
12 follows:
13 (1) A unit of local government that maintains a
14 crime laboratory may establish a crime laboratory DUI
15 fund within the office of the county or municipal
16 treasurer.
17 (2) Any combination of units of local government
18 that maintains a crime laboratory may establish a crime
19 laboratory DUI fund within the office of the treasurer of
20 the county where the crime laboratory is situated.
21 (3) The State Police Crime Laboratory DUI Fund is
22 created as a special fund in the State Treasury.
23 (f) The analysis fee provided for in subsections (b) and
24 (c) of this Section shall be forwarded to the office of the
25 treasurer of the unit of local government that performed the
26 analysis if that unit of local government has established a
27 crime laboratory DUI fund, or to the State Treasurer for
28 deposit into the State Police Crime Laboratory DUI Fund if
29 the analysis was performed by a laboratory operated by the
30 Department of State Police. If the analysis was performed by
31 a crime laboratory funded by a combination of units of local
32 government, the analysis fee shall be forwarded to the
33 treasurer of the county where the crime laboratory is
34 situated if a crime laboratory DUI fund has been established
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1 in that county. If the unit of local government or
2 combination of units of local government has not established
3 a crime laboratory DUI fund, then the analysis fee shall be
4 forwarded to the State Treasurer for deposit into the State
5 Police Crime Laboratory DUI Fund. The clerk of the circuit
6 court may retain the amount of $10 from each collected
7 analysis fee to offset administrative costs incurred in
8 carrying out the clerk's responsibilities under this Section.
9 (g) Fees deposited into a crime laboratory DUI fund
10 created under paragraphs (1) and (2) of subsection (e) of
11 this Section shall be in addition to any allocations made
12 pursuant to existing law and shall be designated for the
13 exclusive use of the crime laboratory. These uses may
14 include, but are not limited to, the following:
15 (1) Costs incurred in providing analysis for DUI
16 investigations conducted within this State.
17 (2) Purchase and maintenance of equipment for use
18 in performing analyses.
19 (3) Continuing education, training, and
20 professional development of forensic scientists regularly
21 employed by these laboratories.
22 (h) Fees deposited in the State Police Crime Laboratory
23 DUI Fund created under paragraph (3) of subsection (e) of
24 this Section shall be used by State crime laboratories as
25 designated by the Director of State Police. These funds
26 shall be in addition to any allocations made according to
27 existing law and shall be designated for the exclusive use of
28 State crime laboratories. These uses may include those
29 enumerated in subsection (g) of this Section.
30 (Source: P.A. 89-54, eff. 6-30-95.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.