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Public Act 91-0692
SB1361 Enrolled LRB9111039WHmb
AN ACT to re-enact various provisions of Public Act
88-680 amending the Illinois Vehicle Code.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Purpose.
(1) The General Assembly finds and declares that:
(i) Public Act 88-680, effective January 1, 1995,
contained provisions amending the Illinois Vehicle Code.
Public Act 88-680 also contained other provisions.
(ii) In addition, Public Act 88-680 was entitled
"AN ACT to create a Safe Neighborhoods Law". (A) Article
5 was entitled JUVENILE JUSTICE and amended the Juvenile
Court Act of 1987. (B) Article 15 was entitled GANGS and
amended various provisions of the Criminal Code of 1961
and the Unified Code of Corrections. (C) Article 20 was
entitled ALCOHOL ABUSE and amended various provisions of
the Illinois Vehicle Code. (D) Article 25 was entitled
DRUG ABUSE and amended the Cannabis Control Act and the
Illinois Controlled Substances Act. (E) Article 30 was
entitled FIREARMS and amended the Criminal Code of 1961
and the Code of Criminal Procedure of 1963. (F) Article
35 amended the Criminal Code of 1961, the Rights of Crime
Victims and Witnesses Act, and the Unified Code of
Corrections. (G) Article 40 amended the Criminal Code of
1961 to increase the penalty for compelling organization
membership of persons. (H) Article 45 created the Secure
Residential Youth Care Facility Licensing Act and amended
the State Finance Act, the Juvenile Court Act of 1987,
the Unified Code of Corrections, and the Private
Correctional Facility Moratorium Act. (I) Article 50
amended the WIC Vendor Management Act, the Firearm Owners
Identification Card Act, the Juvenile Court Act of 1987,
the Criminal Code of 1961, the Wrongs to Children Act,
and the Unified Code of Corrections.
(iii) On December 2, 1999, the Illinois Supreme
Court, in People v. Cervantes, Docket No. 87229, ruled
that Public Act 88-680 violates the single subject clause
of the Illinois Constitution (Article IV, Section 8 (d))
and was unconstitutional in its entirety.
(iv) The provisions of Public Act 88-680 amending
the Illinois Vehicle Code are of vital concern to the
people of this State and legislative action concerning
those provisions of Public Act 88-680 is necessary.
(2) It is the purpose of this Act to re-enact the
provisions of Public Act 88-680 amending the Illinois Vehicle
Code, including subsequent amendments. This re-enactment is
intended to remove any question as to the validity or
content of those provisions.
(3) This Act re-enacts various provisions of Public Act
88-680 amending the Illinois Vehicle Code, including
subsequent amendments, to remove any question as to the
validity or content of those provisions; it is not intended
to supersede any other Public Act that amends the text of the
Sections as set forth in this Act. The material is shown as
existing text (i.e., without underscoring).
ARTICLE 20. ALCOHOL ABUSE
Section 20-900. The Illinois Vehicle Code is amended by
re-enacting Sections 6-303 and 11-501 as follows:
(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
Sec. 6-303. Driving while driver's license, permit or
privilege to operate a motor vehicle is suspended or revoked.
(a) Any person who drives or is in actual physical
control of a motor vehicle on any highway of this State at a
time when such person's driver's license, permit or privilege
to do so or the privilege to obtain a driver's license or
permit is revoked or suspended as provided by this Code or
the law of another state, except as may be specifically
allowed by a judicial driving permit, family financial
responsibility driving permit, probationary license to drive,
or a restricted driving permit issued pursuant to this Code
or under the law of another state, shall be guilty of a Class
A misdemeanor.
(b) The Secretary of State upon receiving a report of
the conviction of any violation indicating a person was
operating a motor vehicle during the time when said person's
driver's license, permit or privilege was suspended by the
Secretary, by the appropriate authority of another state, or
pursuant to Section 11-501.1; except as may be specifically
allowed by a probationary license to drive, judicial driving
permit or restricted driving permit issued pursuant to this
Code or the law of another state; shall extend the suspension
for the same period of time as the originally imposed
suspension; however, if the period of suspension has then
expired, the Secretary shall be authorized to suspend said
person's driving privileges for the same period of time as
the originally imposed suspension; and if the conviction was
upon a charge which indicated that a vehicle was operated
during the time when the person's driver's license, permit or
privilege was revoked; except as may be allowed by a
restricted driving permit issued pursuant to this Code or the
law of another state; the Secretary shall not issue a
driver's license for an additional period of one year from
the date of such conviction indicating such person was
operating a vehicle during such period of revocation.
(c) Any person convicted of violating this Section shall
serve a minimum term of imprisonment of 7 consecutive days or
30 days of community service when the person's driving
privilege was revoked or suspended as a result of:
(1) a violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, any other
drug or any combination thereof; or
(2) a violation of paragraph (b) of Section 11-401
of this Code or a similar provision of a local ordinance
relating to the offense of leaving the scene of a motor
vehicle accident involving personal injury or death; or
(3) a violation of Section 9-3 of the Criminal Code
of 1961, as amended, relating to the offense of reckless
homicide; or
(4) a statutory summary suspension under Section
11-501.1 of this Code.
Such sentence of imprisonment or community service shall
not be subject to suspension in order to reduce such
sentence.
(d) Any person convicted of a second or subsequent
violation of this Section shall be guilty of a Class 4 felony
if the original revocation or suspension was for a violation
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local
ordinance, a violation of Section 9-3 of the Criminal Code of
1961, relating to the offense of reckless homicide, or a
similar out-of-state offense, or a statutory summary
suspension under Section 11-501.1 of this Code.
(e) Any person in violation of this Section who is also
in violation of Section 7-601 of this Code relating to
mandatory insurance requirements, in addition to other
penalties imposed under this Section, shall have his or her
motor vehicle immediately impounded by the arresting law
enforcement officer. The motor vehicle may be released to
any licensed driver upon a showing of proof of insurance for
the vehicle that was impounded and the notarized written
consent for the release by the vehicle owner.
(f) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be
admitted as proof of any prior conviction.
(Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97;
90-738, eff. 1-1-99.)
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds or any combination thereof.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood
or breath is 0.08 or more based on the definition of
blood and breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating
compound or combination of intoxicating compounds to a
degree that renders the person incapable of driving
safely;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(5) under the combined influence of alcohol, other
drug or drugs, or intoxicating compound or compounds to a
degree that renders the person incapable of safely
driving; or
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, or urine
resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances
Act, or an intoxicating compound listed in the Use of
Intoxicating Compounds Act.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, or intoxicating compound or compounds, or any
combination thereof, shall not constitute a defense against
any charge of violating this Section.
(c) Except as provided under paragraphs (c-3) and (d) of
this Section, every person convicted of violating this
Section or a similar provision of a local ordinance, shall be
guilty of a Class A misdemeanor and, in addition to any other
criminal or administrative action, for any second conviction
of violating this Section or a similar provision of a law of
another state or local ordinance committed within 5 years of
a previous violation of this Section or a similar provision
of a local ordinance shall be mandatorily sentenced to a
minimum of 48 consecutive hours of imprisonment or assigned
to a minimum of 100 hours of community service as may be
determined by the court. Every person convicted of violating
this Section or a similar provision of a local ordinance
shall be subject to a mandatory minimum fine of $500 and a
mandatory 5 days of community service in a program benefiting
children if the person committed a violation of paragraph (a)
or a similar provision of a local ordinance while
transporting a person under age 16. Every person convicted a
second time for violating this Section or a similar provision
of a local ordinance within 5 years of a previous violation
of this Section or a similar provision of a law of another
state or local ordinance shall be subject to a mandatory
minimum fine of $500 and 10 days of mandatory community
service in a program benefiting children if the current
offense was committed while transporting a person under age
16. The imprisonment or assignment under this subsection
shall not be subject to suspension nor shall the person be
eligible for probation in order to reduce the sentence or
assignment.
(c-1) (1) A person who violates this Section during a
period in which his or her driving privileges are revoked
or suspended, where the revocation or suspension was for
a violation of this Section, Section 11-501.1, paragraph
(b) of Section 11-401, or Section 9-3 of the Criminal
Code of 1961 is guilty of a Class 4 felony.
(2) A person who violates this Section a third time
during a period in which his or her driving privileges
are revoked or suspended where the revocation or
suspension was for a violation of this Section, Section
11-501.1, paragraph (b) of Section 11-401, or Section 9-3
of the Criminal Code of 1961 is guilty of a Class 3
felony.
(3) A person who violates this Section a fourth or
subsequent time during a period in which his or her
driving privileges are revoked or suspended where the
revocation or suspension was for a violation of this
Section, Section 11-501.1, paragraph (b) of Section
11-401, or Section 9-3 of the Criminal Code of 1961 is
guilty of a Class 2 felony.
(c-2) (Blank).
(c-3) Every person convicted of violating this Section
or a similar provision of a local ordinance who had a child
under age 16 in the vehicle at the time of the offense shall
have his or her punishment under this Act enhanced by 2 days
of imprisonment for a first offense, 10 days of imprisonment
for a second offense, 30 days of imprisonment for a third
offense, and 90 days of imprisonment for a fourth or
subsequent offense, in addition to the fine and community
service required under subsection (c) and the possible
imprisonment required under subsection (d). The imprisonment
or assignment under this subsection shall not be subject to
suspension nor shall the person be eligible for probation in
order to reduce the sentence or assignment.
(d) (1) Every person convicted of committing a violation
of this Section shall be guilty of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof if:
(A) the person committed a violation of this
Section, or a similar provision of a law of another state
or a local ordinance when the cause of action is the same
as or substantially similar to this Section, for the
third or subsequent time;
(B) the person committed a violation of paragraph
(a) while driving a school bus with children on board;
(C) the person in committing a violation of
paragraph (a) was involved in a motor vehicle accident
that resulted in great bodily harm or permanent
disability or disfigurement to another, when the
violation was a proximate cause of the injuries; or
(D) the person committed a violation of paragraph
(a) for a second time and has been previously convicted
of violating Section 9-3 of the Criminal Code of 1961
relating to reckless homicide in which the person was
determined to have been under the influence of alcohol,
other drug or drugs, or intoxicating compound or
compounds as an element of the offense or the person has
previously been convicted under subparagraph (C) of this
paragraph (1).
(2) Aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds,
or any combination thereof is a Class 4 felony for which a
person, if sentenced to a term of imprisonment, shall be
sentenced to not less than one year and not more than 3 years
for a violation of subparagraph (A), (B) or (D) of paragraph
(1) of this subsection (d) and not less than one year and not
more than 12 years for a violation of subparagraph (C) of
paragraph (1) of this subsection (d). For any prosecution
under this subsection (d), a certified copy of the driving
abstract of the defendant shall be admitted as proof of any
prior conviction.
(e) After a finding of guilt and prior to any final
sentencing, or an order for supervision, for an offense based
upon an arrest for a violation of this Section or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol, drug, or intoxicating compound abuse problem exists
and the extent of the problem. Programs conducting these
evaluations shall be licensed by the Department of Human
Services. The cost of any professional evaluation shall be
paid for by the individual required to undergo the
professional evaluation.
(f) Every person found guilty of violating this Section,
whose operation of a motor vehicle while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the
expense of an emergency response as provided under Section
5-5-3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving
privileges of any person convicted under this Section or a
similar provision of a local ordinance.
(h) Every person sentenced under subsection (d) of this
Section and who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
30 days community service or, beginning July 1, 1993, 48
consecutive hours of imprisonment as a condition of the
probation or conditional discharge. This mandatory minimum
term of imprisonment or assignment of community service shall
not be suspended and shall not be subject to reduction by the
court.
(i) The Secretary of State may use ignition interlock
device requirements when granting driving relief to
individuals who have been arrested for a second or subsequent
offense of this Section or a similar provision of a local
ordinance. The Secretary shall establish by rule and
regulation the procedures for use of the interlock system.
(j) In addition to any other penalties and liabilities,
a person who is found guilty of violating this Section shall
be fined $100, payable to the circuit clerk, who shall
distribute the money to the law enforcement agency that made
the arrest. In the event that more than one agency is
responsible for the arrest, the $100 shall be shared equally.
Any moneys received by a law enforcement agency under this
subsection (j) shall be used to purchase law enforcement
equipment that will assist in the prevention of alcohol
related criminal violence throughout the State. This shall
include, but is not limited to, in-car video cameras, radar
and laser speed detection devices, and alcohol breath
testers.
(Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
eff. 7-29-99.)
ARTICLE 990
Section 990-1. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
ARTICLE 999
Section 999-1. Effective date. This Act takes effect
upon becoming law.
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