Bill Text: IL HB4088 | 2021-2022 | 102nd General Assembly | Introduced

---

Bill Title: Amends the Illinois Vehicle Code. Provides that evidence of nonimpairment in the first offense of driving under the influence of alcohol, drugs or other intoxicating compound shall be allowed as a mitigating factor in sentencing for a reduced sentence for driving under the influence or aggravated driving under the influence.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2021-05-25 - Referred to Rules Committee [HB4088 Detail]

Download: Illinois-2021-HB4088-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4088 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
Amends the Illinois Vehicle Code. Provides that evidence of nonimpairment in the first offense of driving under the influence of alcohol, drugs or other intoxicating compound shall be allowed as a mitigating factor in sentencing for a reduced sentence for driving under the influence or aggravated driving under the influence.
LRB102 18557 RAM 26823 b
A BILL FOR
HB4088 LRB102 18557 RAM 26823 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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
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

HB4088 - 2 - LRB102 18557 RAM 26823 b
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 consumption of cannabis by a qualifying patient
licensed under the Compassionate Use of Medical Cannabis
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

HB4088 - 3 - LRB102 18557 RAM 26823 b
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,
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

HB4088 - 4 - LRB102 18557 RAM 26823 b
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
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

HB4088 - 5 - LRB102 18557 RAM 26823 b
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 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,

HB4088 - 6 - LRB102 18557 RAM 26823 b
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
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

HB4088 - 7 - LRB102 18557 RAM 26823 b
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
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

HB4088 - 8 - LRB102 18557 RAM 26823 b
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
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

HB4088 - 9 - LRB102 18557 RAM 26823 b
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
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

HB4088 - 10 - LRB102 18557 RAM 26823 b
of not less than 6 years and not more than 28 years if the
violation resulted in the deaths of 2 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.
(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

HB4088 - 11 - LRB102 18557 RAM 26823 b
probation or conditional discharge in addition to any
other criminal or administrative sanction.
(4) Notwithstanding any other provision of law,
evidence of nonimpairment during the first offense shall
be allowed at sentencing for mitigation for a reduced
sentence.
(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. 101-363, eff. 8-9-19.)