Bill Text: IL HB1811 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB1811 Detail]
Download: Illinois-2013-HB1811-Amended.html
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1 | AMENDMENT TO HOUSE BILL 1811
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2 | AMENDMENT NO. ______. Amend House Bill 1811 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 11-501 as follows:
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6 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||||||
7 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
8 | other drug or drugs, intoxicating compound or compounds or any | ||||||
9 | combination thereof.
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10 | (a) A person shall not drive or be in actual physical | ||||||
11 | control of any vehicle within this State while: | ||||||
12 | (1) the alcohol concentration in the person's blood or | ||||||
13 | breath is 0.08 or more based on the definition of blood and | ||||||
14 | breath units in Section 11-501.2; | ||||||
15 | (2) under the influence of alcohol; | ||||||
16 | (3) under the influence of any intoxicating compound or |
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1 | combination of intoxicating compounds to a degree that | ||||||
2 | renders the person incapable of driving safely; | ||||||
3 | (4) under the influence of any other drug or | ||||||
4 | combination of drugs to a degree that renders the person | ||||||
5 | incapable of safely driving; | ||||||
6 | (5) under the combined influence of alcohol, other drug | ||||||
7 | or drugs, or intoxicating compound or compounds to a degree | ||||||
8 | that renders the person incapable of safely driving; or | ||||||
9 | (6) there is any amount of a drug, substance, or | ||||||
10 | compound in the person's breath, blood, or urine resulting | ||||||
11 | from the unlawful use or consumption of cannabis listed in | ||||||
12 | the Cannabis Control Act, a controlled substance listed in | ||||||
13 | the Illinois Controlled Substances Act, an intoxicating | ||||||
14 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
15 | or methamphetamine as listed in the Methamphetamine | ||||||
16 | Control and Community Protection Act.
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17 | (b) The fact that any person charged with violating this | ||||||
18 | Section is or has been legally entitled to use alcohol, other | ||||||
19 | drug or drugs, or intoxicating compound or compounds, or any | ||||||
20 | combination thereof, shall not constitute a defense against any | ||||||
21 | charge of violating this Section. | ||||||
22 | (c) Penalties. | ||||||
23 | (1) Except as otherwise provided in this Section, any | ||||||
24 | person convicted of violating subsection (a) of this | ||||||
25 | Section is guilty of a Class A misdemeanor. | ||||||
26 | (2) A person who violates subsection (a) or a similar |
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1 | provision a second time shall be sentenced to a mandatory | ||||||
2 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
3 | of community service in addition to any other criminal or | ||||||
4 | administrative sanction. | ||||||
5 | (3) A person who violates subsection (a) is subject to | ||||||
6 | 6 months of imprisonment, an additional mandatory minimum | ||||||
7 | fine of $1,000, and 25 days of community service in a | ||||||
8 | program benefiting children if the person was transporting | ||||||
9 | a person under the age of 16 at the time of the violation. | ||||||
10 | (4) A person who violates subsection (a) a first time, | ||||||
11 | if the alcohol concentration in his or her blood, breath, | ||||||
12 | or urine was 0.16 or more based on the definition of blood, | ||||||
13 | breath, or urine units in Section 11-501.2, shall be | ||||||
14 | subject, in addition to any other penalty that may be | ||||||
15 | imposed, to a mandatory minimum of 100 hours of community | ||||||
16 | service and a mandatory minimum fine of $500. | ||||||
17 | (5) A person who violates subsection (a) a second time, | ||||||
18 | if at the time of the second violation the alcohol | ||||||
19 | concentration in his or her blood, breath, or urine was | ||||||
20 | 0.16 or more based on the definition of blood, breath, or | ||||||
21 | urine units in Section 11-501.2, shall be subject, in | ||||||
22 | addition to any other penalty that may be imposed, to a | ||||||
23 | mandatory minimum of 2 days of imprisonment and a mandatory | ||||||
24 | minimum fine of $1,250. | ||||||
25 | (d) Aggravated driving under the influence of alcohol, | ||||||
26 | other drug or drugs, or intoxicating compound or compounds, or |
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1 | any combination thereof.
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2 | (1) Every person convicted of committing a violation of | ||||||
3 | this Section shall be guilty of aggravated driving under | ||||||
4 | the influence of alcohol, other drug or drugs, or | ||||||
5 | intoxicating compound or compounds, or any combination | ||||||
6 | thereof if: | ||||||
7 | (A) the person committed a violation of subsection | ||||||
8 | (a) or a similar provision for the third or subsequent | ||||||
9 | time; | ||||||
10 | (B) the person committed a violation of subsection | ||||||
11 | (a) while driving a school bus with persons 18 years of | ||||||
12 | age or younger on board; | ||||||
13 | (C) the person in committing a violation of | ||||||
14 | subsection (a) was involved in a motor vehicle accident | ||||||
15 | that resulted in great bodily harm or permanent | ||||||
16 | disability or disfigurement to another, when the | ||||||
17 | violation was a proximate cause of the injuries; | ||||||
18 | (D) the person committed a violation of subsection | ||||||
19 | (a) and has been previously convicted of violating | ||||||
20 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
21 | Criminal Code of 2012 or a similar provision of a law | ||||||
22 | of another state relating to reckless homicide in which | ||||||
23 | the person was determined to have been under the | ||||||
24 | influence of alcohol, other drug or drugs, or | ||||||
25 | intoxicating compound or compounds as an element of the | ||||||
26 | offense or the person has previously been convicted |
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1 | under subparagraph (C) or subparagraph (F) of this | ||||||
2 | paragraph (1); | ||||||
3 | (E) the person, in committing a violation of | ||||||
4 | subsection (a) while driving at any speed in a school | ||||||
5 | speed zone at a time when a speed limit of 20 miles per | ||||||
6 | hour was in effect under subsection (a) of Section | ||||||
7 | 11-605 of this Code, was involved in a motor vehicle | ||||||
8 | accident that resulted in bodily harm, other than great | ||||||
9 | bodily harm or permanent disability or disfigurement, | ||||||
10 | to another person, when the violation of subsection (a) | ||||||
11 | was a proximate cause of the bodily harm; | ||||||
12 | (F) the person, in committing a violation of | ||||||
13 | subsection (a), was involved in a motor vehicle, | ||||||
14 | snowmobile, all-terrain vehicle, or watercraft | ||||||
15 | accident that resulted in the death of another person, | ||||||
16 | when the violation of subsection (a) was a proximate | ||||||
17 | cause of the death; | ||||||
18 | (G) the person committed a violation of subsection | ||||||
19 | (a) during a period in which the defendant's driving | ||||||
20 | privileges are revoked or suspended, where the | ||||||
21 | revocation or suspension was for a violation of | ||||||
22 | subsection (a) or a similar provision, Section | ||||||
23 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
24 | reckless homicide as defined in Section 9-3 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
26 | (H) the person committed the violation while he or |
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1 | she did not possess a driver's license or permit or a | ||||||
2 | restricted driving permit or a judicial driving permit | ||||||
3 | or a monitoring device driving permit; | ||||||
4 | (I) the person committed the violation while he or | ||||||
5 | she knew or should have known that the vehicle he or | ||||||
6 | she was driving was not covered by a liability | ||||||
7 | insurance policy; | ||||||
8 | (J) the person in committing a violation of | ||||||
9 | subsection (a) was involved in a motor vehicle accident | ||||||
10 | that resulted in bodily harm, but not great bodily | ||||||
11 | harm, to the child under the age of 16 being | ||||||
12 | transported by the person, if the violation was the | ||||||
13 | proximate cause of the injury; or | ||||||
14 | (K) the person in committing a second violation of | ||||||
15 | subsection (a) or a similar provision was transporting | ||||||
16 | a person under the age of 16. | ||||||
17 | (2)(A) Except as provided otherwise, a person | ||||||
18 | convicted of aggravated driving under the influence of | ||||||
19 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
20 | compounds, or any combination thereof is guilty of a Class | ||||||
21 | 4 felony. | ||||||
22 | (B) A third violation of this Section or a similar | ||||||
23 | provision is a Class 2 felony. If at the time of the third | ||||||
24 | violation the alcohol concentration in his or her blood, | ||||||
25 | breath, or urine was 0.16 or more based on the definition | ||||||
26 | of blood, breath, or urine units in Section 11-501.2, a |
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1 | mandatory minimum of 90 days of imprisonment and a | ||||||
2 | mandatory minimum fine of $2,500 shall be imposed in | ||||||
3 | addition to any other criminal or administrative sanction. | ||||||
4 | If at the time of the third violation, the defendant was | ||||||
5 | transporting a person under the age of 16, a mandatory fine | ||||||
6 | of $25,000 and 25 days of community service in a program | ||||||
7 | benefiting children shall be imposed in addition to any | ||||||
8 | other criminal or administrative sanction. | ||||||
9 | (C) A fourth violation of this Section or a similar | ||||||
10 | provision is a Class 2 felony, for which a sentence of | ||||||
11 | probation or conditional discharge may not be imposed. If | ||||||
12 | at the time of the violation, the alcohol concentration in | ||||||
13 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
14 | based on the definition of blood, breath, or urine units in | ||||||
15 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
16 | be imposed in addition to any other criminal or | ||||||
17 | administrative sanction. If at the time of the fourth | ||||||
18 | violation, the defendant was transporting a person under | ||||||
19 | the age of 16 a mandatory fine of $25,000 and 25 days of | ||||||
20 | community service in a program benefiting children shall be | ||||||
21 | imposed in addition to any other criminal or administrative | ||||||
22 | sanction. | ||||||
23 | (D) A fifth violation of this Section or a similar | ||||||
24 | provision is a Class 1 felony, for which a sentence of | ||||||
25 | probation or conditional discharge may not be imposed. If | ||||||
26 | at the time of the violation, the alcohol concentration in |
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1 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
2 | based on the definition of blood, breath, or urine units in | ||||||
3 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
4 | be imposed in addition to any other criminal or | ||||||
5 | administrative sanction. If at the time of the fifth | ||||||
6 | violation, the defendant was transporting a person under | ||||||
7 | the age of 16, a mandatory fine of $25,000, and 25 days of | ||||||
8 | community service in a program benefiting children shall be | ||||||
9 | imposed in addition to any other criminal or administrative | ||||||
10 | sanction. | ||||||
11 | (E) A sixth or subsequent violation of this Section or | ||||||
12 | similar provision is a Class X felony. If at the time of | ||||||
13 | the violation, the alcohol concentration in the | ||||||
14 | defendant's blood, breath, or urine was 0.16 or more based | ||||||
15 | on the definition of blood, breath, or urine units in | ||||||
16 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
17 | be imposed in addition to any other criminal or | ||||||
18 | administrative sanction. If at the time of the violation, | ||||||
19 | the defendant was transporting a person under the age of | ||||||
20 | 16, a mandatory fine of $25,000 and 25 days of community | ||||||
21 | service in a program benefiting children shall be imposed | ||||||
22 | in addition to any other criminal or administrative | ||||||
23 | sanction. | ||||||
24 | (F) For a violation of subparagraph (C) of paragraph | ||||||
25 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
26 | a term of imprisonment, shall be sentenced to not less than |
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1 | one year nor more than 12 years. | ||||||
2 | (G) A violation of subparagraph (F) of paragraph (1) of | ||||||
3 | this subsection (d) is a Class 2 felony, for which the | ||||||
4 | defendant, unless the court determines that extraordinary | ||||||
5 | circumstances exist and require probation, shall be | ||||||
6 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
7 | years and not more than 14 years if the violation resulted | ||||||
8 | in the death of one person; or (ii) a term of imprisonment | ||||||
9 | of not less than 6 years and not more than 28 years if the | ||||||
10 | violation resulted in the deaths of 2 or more persons. | ||||||
11 | (H) For a violation of subparagraph (J) of paragraph | ||||||
12 | (1) of this subsection (d), a mandatory fine of $2,500, and | ||||||
13 | 25 days of community service in a program benefiting | ||||||
14 | children shall be imposed in addition to any other criminal | ||||||
15 | or administrative sanction. | ||||||
16 | (I) A violation of subparagraph (K) of paragraph (1) of | ||||||
17 | this subsection (d), is a Class 2 felony and a mandatory | ||||||
18 | fine of $2,500, and 25 days of community service in a | ||||||
19 | program benefiting children shall be imposed in addition to | ||||||
20 | any other criminal or administrative sanction. If the child | ||||||
21 | being transported suffered bodily harm, but not great | ||||||
22 | bodily harm, in a motor vehicle accident, and the violation | ||||||
23 | was the proximate cause of that injury, a mandatory fine of | ||||||
24 | $5,000 and 25 days of community service in a program | ||||||
25 | benefiting children shall be imposed in addition to any | ||||||
26 | other criminal or administrative sanction. |
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1 | (J) A violation of subparagraph (D) of paragraph (1) of | ||||||
2 | this subsection (d) is a Class 3 felony, for which a | ||||||
3 | sentence of probation or conditional discharge may not be | ||||||
4 | imposed. | ||||||
5 | (3) Any person sentenced under this subsection (d) who | ||||||
6 | receives a term of probation or conditional discharge must | ||||||
7 | serve a minimum term of either 480 hours of community | ||||||
8 | service or 10 days of imprisonment as a condition of the | ||||||
9 | probation or conditional discharge in addition to any other | ||||||
10 | criminal or administrative sanction. | ||||||
11 | (e) Any reference to a prior violation of subsection (a) or | ||||||
12 | a similar provision includes any violation of a provision of a | ||||||
13 | local ordinance or a provision of a law of another state or an | ||||||
14 | offense committed on a military installation that is similar to | ||||||
15 | a violation of subsection (a) of this Section. | ||||||
16 | (f) The imposition of a mandatory term of imprisonment or | ||||||
17 | assignment of community service for a violation of this Section | ||||||
18 | shall not be suspended or reduced by the court. | ||||||
19 | (g) Any penalty imposed for driving with a license that has | ||||||
20 | been revoked for a previous violation of subsection (a) of this | ||||||
21 | Section shall be in addition to the penalty imposed for any | ||||||
22 | subsequent violation of subsection (a). | ||||||
23 | (h) For any prosecution under this Section, a certified | ||||||
24 | copy of the driving abstract of the defendant shall be admitted | ||||||
25 | as proof of any prior conviction.
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26 | (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)".
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