Bill Amendment: IL SB0905 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: CRIMINAL LAW-TECH

Status: 2021-01-13 - Session Sine Die [SB0905 Detail]

Download: Illinois-2019-SB0905-Senate_Amendment_001.html

---

Sen. Steve McClure

Filed: 4/5/2019

10100SB0905sam001 LRB101 06311 TAE 59254 a
AMENDMENT TO SENATE BILL 905
AMENDMENT NO. ______. Amend Senate Bill 905 by replacing
everything after the enacting clause with the following:
"Section 1. This Act may be referred to as Lindsey's Law.
Section 5. The Illinois Vehicle Code is amended by changing
Section 11-501 as follows:
(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,
other bodily substance, or breath is 0.08 or more based on
the definition of blood and breath units in Section

10100SB0905sam001 - 2 - LRB101 06311 TAE 59254 a
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;
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of a controlled substance listed in the
Illinois Controlled Substances Act, an intoxicating
compound listed in the Use of Intoxicating Compounds Act,
or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act; or
(7) the person has, within 2 hours of driving or being
in actual physical control of a vehicle, a
tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance as defined in paragraph 6
of subsection (a) of Section 11-501.2 of this Code. Subject
to all other requirements and provisions under this
Section, this paragraph (7) does not apply to the lawful

10100SB0905sam001 - 3 - LRB101 06311 TAE 59254 a
consumption of cannabis by a qualifying patient licensed
under the Compassionate Use of Medical Cannabis Pilot
Program Act who is in possession of a valid registry card
issued under that Act, unless that person is impaired by
the use of cannabis.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol,
cannabis under the Compassionate Use of Medical Cannabis Pilot
Program Act, 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) Penalties.
(1) Except as otherwise provided in this Section, any
person convicted of violating subsection (a) of this
Section is guilty of a Class A misdemeanor.
(2) A person who violates subsection (a) or a similar
provision a second time shall be sentenced to a mandatory
minimum term of either 5 days of imprisonment or 240 hours
of community service in addition to any other criminal or
administrative sanction.
(3) A person who violates subsection (a) is subject to
6 months of imprisonment, an additional mandatory minimum
fine of $1,000, and 25 days of community service in a
program benefiting children if the person was transporting
a person under the age of 16 at the time of the violation.
(4) A person who violates subsection (a) a first time,

10100SB0905sam001 - 4 - LRB101 06311 TAE 59254 a
if the alcohol concentration in his or her blood, breath,
other bodily substance, or urine was 0.16 or more based on
the definition of blood, breath, other bodily substance, or
urine units in Section 11-501.2, shall be subject, in
addition to any other penalty that may be imposed, to a
mandatory minimum of 100 hours of community service and a
mandatory minimum fine of $500.
(5) A person who violates subsection (a) a second time,
if at the time of the second violation the alcohol
concentration in his or her blood, breath, other bodily
substance, or urine was 0.16 or more based on the
definition of blood, breath, other bodily substance, or
urine units in Section 11-501.2, shall be subject, in
addition to any other penalty that may be imposed, to a
mandatory minimum of 2 days of imprisonment and a mandatory
minimum fine of $1,250.
(d) Aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof.
(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 subsection
(a) or a similar provision for the third or subsequent

10100SB0905sam001 - 5 - LRB101 06311 TAE 59254 a
time;
(B) the person committed a violation of subsection
(a) while driving a school bus with one or more
passengers on board;
(C) the person in committing a violation of
subsection (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;
(D) the person committed a violation of subsection
(a) and has been previously convicted of violating
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 or a similar provision of a law
of another state 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) or subparagraph (F) of this
paragraph (1);
(E) the person, in committing a violation of
subsection (a) while driving at any speed in a school
speed zone at a time when a speed limit of 20 miles per
hour was in effect under subsection (a) of Section
11-605 of this Code, was involved in a motor vehicle
accident that resulted in bodily harm, other than great

10100SB0905sam001 - 6 - LRB101 06311 TAE 59254 a
bodily harm or permanent disability or disfigurement,
to another person, when the violation of subsection (a)
was a proximate cause of the bodily harm;
(F) the person, in committing a violation of
subsection (a), was involved in a motor vehicle,
snowmobile, all-terrain vehicle, or watercraft
accident that resulted in the death of another person,
when the violation of subsection (a) was a proximate
cause of the death;
(G) the person committed a violation of subsection
(a) during a period in which the defendant's driving
privileges are revoked or suspended, where the
revocation or suspension was for a violation of
subsection (a) or a similar provision, Section
11-501.1, paragraph (b) of Section 11-401, or for
reckless homicide as defined in Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(H) the person committed the violation while he or
she did not possess a driver's license or permit or a
restricted driving permit or a judicial driving permit
or a monitoring device driving permit;
(I) the person committed the violation while he or
she knew or should have known that the vehicle he or
she was driving was not covered by a liability
insurance policy;
(J) the person in committing a violation of

10100SB0905sam001 - 7 - LRB101 06311 TAE 59254 a
subsection (a) was involved in a motor vehicle accident
that resulted in bodily harm, but not great bodily
harm, to the child under the age of 16 being
transported by the person, if the violation was the
proximate cause of the injury;
(K) the person in committing a second violation of
subsection (a) or a similar provision was transporting
a person under the age of 16; or
(L) the person committed a violation of subsection
(a) of this Section while transporting one or more
passengers in a vehicle for-hire.
(2)(A) Except as provided otherwise, a person
convicted of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof is guilty of a Class
4 felony.
(B) A third violation of this Section or a similar
provision is a Class 2 felony. If at the time of the third
violation the alcohol concentration in his or her blood,
breath, other bodily substance, or urine was 0.16 or more
based on the definition of blood, breath, other bodily
substance, or urine units in Section 11-501.2, a mandatory
minimum of 90 days of imprisonment and a mandatory minimum
fine of $2,500 shall be imposed in addition to any other
criminal or administrative sanction. If at the time of the
third violation, the defendant was transporting a person

10100SB0905sam001 - 8 - LRB101 06311 TAE 59254 a
under the age of 16, a mandatory fine of $25,000 and 25
days of community service in a program benefiting children
shall be imposed in addition to any other criminal or
administrative sanction.
(C) A fourth violation of this Section or a similar
provision is a Class 2 felony, for which a sentence of
probation or conditional discharge may not be imposed. If
at the time of the violation, the alcohol concentration in
the defendant's blood, breath, other bodily substance, or
urine was 0.16 or more based on the definition of blood,
breath, other bodily substance, or urine units in Section
11-501.2, a mandatory minimum fine of $5,000 shall be
imposed in addition to any other criminal or administrative
sanction. If at the time of the fourth violation, the
defendant was transporting a person under the age of 16 a
mandatory fine of $25,000 and 25 days of community service
in a program benefiting children shall be imposed in
addition to any other criminal or administrative sanction.
(D) A fifth violation of this Section or a similar
provision is a Class 1 felony, for which a sentence of
probation or conditional discharge may not be imposed. If
at the time of the violation, the alcohol concentration in
the defendant's blood, breath, other bodily substance, or
urine was 0.16 or more based on the definition of blood,
breath, other bodily substance, or urine units in Section
11-501.2, a mandatory minimum fine of $5,000 shall be

10100SB0905sam001 - 9 - LRB101 06311 TAE 59254 a
imposed in addition to any other criminal or administrative
sanction. If at the time of the fifth violation, the
defendant was transporting a person under the age of 16, a
mandatory fine of $25,000, and 25 days of community service
in a program benefiting children shall be imposed in
addition to any other criminal or administrative sanction.
(E) A sixth or subsequent violation of this Section or
similar provision is a Class X felony. If at the time of
the violation, the alcohol concentration in the
defendant's blood, breath, other bodily substance, or
urine was 0.16 or more based on the definition of blood,
breath, other bodily substance, or urine units in Section
11-501.2, a mandatory minimum fine of $5,000 shall be
imposed in addition to any other criminal or administrative
sanction. If at the time of the violation, the defendant
was transporting a person under the age of 16, a mandatory
fine of $25,000 and 25 days of community service in a
program benefiting children shall be imposed in addition to
any other criminal or administrative sanction.
(F) For a violation of subparagraph (C) of paragraph
(1) of this subsection (d), the defendant, if sentenced to
a term of imprisonment, shall be sentenced to not less than
one year nor more than 12 years.
(G) A violation of subparagraph (F) of paragraph (1) of
this subsection (d) is a Class 2 felony, for which the
defendant, unless the court determines that extraordinary

10100SB0905sam001 - 10 - LRB101 06311 TAE 59254 a
circumstances exist and require probation, shall be
sentenced to: (i) a term of imprisonment of not less than 3
years and not more than 14 years if the violation resulted
in the death of one person; or (ii) a term of imprisonment
of not less than 6 years and not more than 28 years if the
violation resulted in the deaths of 2 or more persons; or
(iii) a term of imprisonment of not less than 4 years and
not more than 20 years if the violation resulted in death
of one person and great bodily harm or permanent disability
or disfigurement of one or more persons.
(H) For a violation of subparagraph (J) of paragraph
(1) of this subsection (d), a mandatory fine of $2,500, and
25 days of community service in a program benefiting
children shall be imposed in addition to any other criminal
or administrative sanction.
(I) A violation of subparagraph (K) of paragraph (1) of
this subsection (d), is a Class 2 felony and a mandatory
fine of $2,500, and 25 days of community service in a
program benefiting children shall be imposed in addition to
any other criminal or administrative sanction. If the child
being transported suffered bodily harm, but not great
bodily harm, in a motor vehicle accident, and the violation
was the proximate cause of that injury, a mandatory fine of
$5,000 and 25 days of community service in a program
benefiting children shall be imposed in addition to any
other criminal or administrative sanction.

10100SB0905sam001 - 11 - LRB101 06311 TAE 59254 a
(J) A violation of subparagraph (D) of paragraph (1) of
this subsection (d) is a Class 3 felony, for which a
sentence of probation or conditional discharge may not be
imposed.
(3) Any person sentenced under this subsection (d) who
receives a term of probation or conditional discharge must
serve a minimum term of either 480 hours of community
service or 10 days of imprisonment as a condition of the
probation or conditional discharge in addition to any other
criminal or administrative sanction.
(e) Any reference to a prior violation of subsection (a) or
a similar provision includes any violation of a provision of a
local ordinance or a provision of a law of another state or an
offense committed on a military installation that is similar to
a violation of subsection (a) of this Section.
(f) The imposition of a mandatory term of imprisonment or
assignment of community service for a violation of this Section
shall not be suspended or reduced by the court.
(g) Any penalty imposed for driving with a license that has
been revoked for a previous violation of subsection (a) of this
Section shall be in addition to the penalty imposed for any
subsequent violation of subsection (a).
(h) 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. 98-122, eff. 1-1-14; 98-573, eff. 8-27-13;

10100SB0905sam001 - 12 - LRB101 06311 TAE 59254 a
98-756, eff. 7-16-14; 99-697, eff. 7-29-16.)".