Bill Text: IL HB5214 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Illinois Vehicle Code. Defines "continuous alcohol monitoring device" as a device that automatically tests breath, blood, or transdermal alcohol concentration levels at least once every hour and detects tamper attempts, regardless of the location of the person who is being monitored, and regularly transmits the data. Provides that if a person is found guilty of driving while his or her driving privileges are suspended for a fourth, fifth, sixth, seventh, eighth, or ninth time and the license suspension was for a conviction of driving under the influence of alcohol or drugs or other prohibited substances or a summary suspension under the implied consent provisions of the Illinois Vehicle Code, that person is guilty of a Class 4 felony and must serve a minimum term of imprisonment of 180 days or serve a minimum of 60 days and abstain from consuming alcohol while wearing a continuous alcohol monitoring device to verify compliance for 270 days (rather than being guilty of a Class 4 felony and serving a minimum term of imprisonment of 180 days). Provides that for a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of the same, after a term of imprisonment, the person shall abstain from consuming alcohol and wear a continuous alcohol monitoring device to verify compliance for 365 days.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB5214 Detail]
Download: Illinois-2011-HB5214-Amended.html
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1 | AMENDMENT TO HOUSE BILL 5214
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2 | AMENDMENT NO. ______. Amend House Bill 5214 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 Sections 1-144.5, 6-206.1, and 6-303, and 11-501 and | ||||||
6 | by adding Section 1-111.9a as follows:
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7 | (625 ILCS 5/1-111.9a new) | ||||||
8 | Sec. 1-111.9a. Continuous alcohol monitoring device. A | ||||||
9 | device that automatically tests breath, blood, or transdermal | ||||||
10 | alcohol concentration levels at least once every hour and | ||||||
11 | detects tamper attempts, regardless of the location of the | ||||||
12 | person who is being monitored, and regularly transmits the | ||||||
13 | data.
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14 | (625 ILCS 5/1-144.5) | ||||||
15 | Sec. 1-144.5. Monitoring device driving permit. A permit |
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1 | that allows a person whose driver's license has been summarily | ||||||
2 | suspended under Section 11-501.1 to drive a vehicle, for the | ||||||
3 | applicable period described in Section 6-206.1, if the vehicle | ||||||
4 | is equipped with an ignition interlock device as defined in | ||||||
5 | Section 1-129.1 or if the person abstains from alcohol and | ||||||
6 | wears a continuous alcohol monitoring device as defined in | ||||||
7 | Section 1-111.9a .
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8 | (Source: P.A. 95-400, eff. 1-1-09 .)
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9 | (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1) | ||||||
10 | Sec. 6-206.1. Monitoring Device Driving Permit. | ||||||
11 | Declaration of Policy. It is hereby declared a policy of the
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12 | State of Illinois that the driver who is impaired by alcohol, | ||||||
13 | other drug or
drugs, or intoxicating compound or compounds is a
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14 | threat to the public safety and welfare. Therefore, to
provide | ||||||
15 | a deterrent to such practice, a statutory summary driver's | ||||||
16 | license suspension is appropriate.
It is also recognized that | ||||||
17 | driving is a privilege and therefore, that the granting of | ||||||
18 | driving privileges, in a manner consistent with public
safety, | ||||||
19 | is warranted during the period of suspension in the form of a | ||||||
20 | monitoring device driving permit. A person who drives and fails | ||||||
21 | to comply with the requirements of the monitoring device | ||||||
22 | driving permit commits a violation of Section 6-303 of this | ||||||
23 | Code. | ||||||
24 | The following procedures shall apply whenever
a first | ||||||
25 | offender, as defined in Section 11-500 of this Code, is |
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1 | arrested for any offense as defined in Section 11-501
or a | ||||||
2 | similar provision of a local ordinance and is subject to the | ||||||
3 | provisions of Section 11-501.1: | ||||||
4 | (a) Upon mailing of the notice of suspension of driving | ||||||
5 | privileges as provided in subsection (h) of Section 11-501.1 of | ||||||
6 | this Code, the Secretary shall also send written notice | ||||||
7 | informing the person that he or she will be issued a monitoring | ||||||
8 | device driving permit (MDDP). The notice shall include, at | ||||||
9 | minimum, information summarizing the procedure to be followed | ||||||
10 | for issuance of the MDDP, installation of the breath alcohol | ||||||
11 | ignition installation device (BAIID) or fitting of the | ||||||
12 | continuous alcohol monitoring device , as provided in this | ||||||
13 | Section, exemption from BAIID installation requirements, and | ||||||
14 | procedures to be followed by those seeking indigent status, as | ||||||
15 | provided in this Section. The notice shall also include | ||||||
16 | information summarizing the procedure to be followed if the | ||||||
17 | person wishes to decline issuance of the MDDP. A copy of the | ||||||
18 | notice shall also be sent to the court of venue together with | ||||||
19 | the notice of suspension of driving privileges, as provided in | ||||||
20 | subsection (h) of Section 11-501. However, a MDDP shall not be | ||||||
21 | issued if the Secretary finds that:
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22 | (1) The offender's driver's license is otherwise | ||||||
23 | invalid; | ||||||
24 | (2) Death or great bodily harm resulted from the arrest | ||||||
25 | for Section 11-501; | ||||||
26 | (3) The offender has been previously convicted of |
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1 | reckless homicide or aggravated driving under the | ||||||
2 | influence involving death; or | ||||||
3 | (4) The offender is less than 18 years of age. | ||||||
4 | Any offender participating in the MDDP program must pay the | ||||||
5 | Secretary a MDDP Administration Fee in an amount not to exceed | ||||||
6 | $30 per month, to be deposited into the Monitoring Device | ||||||
7 | Driving Permit Administration Fee Fund. The Secretary shall | ||||||
8 | establish by rule the amount and the procedures, terms, and | ||||||
9 | conditions relating to these fees. The offender must have an | ||||||
10 | ignition interlock device installed or be fitted with a | ||||||
11 | continuous alcohol monitoring device within 14 days of the date | ||||||
12 | the Secretary issues the MDDP. The ignition interlock device or | ||||||
13 | continuous alcohol monitoring device provider must notify the | ||||||
14 | Secretary, in a manner and form prescribed by the Secretary, of | ||||||
15 | the installation or fitting . If the Secretary does not receive | ||||||
16 | notice of installation or fitting , the Secretary shall cancel | ||||||
17 | the MDDP.
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18 | A MDDP shall not become effective prior to the 31st
day of | ||||||
19 | the original statutory summary suspension. | ||||||
20 | Upon receipt of the notice, as provided in paragraph (a) of | ||||||
21 | this Section, the person may file a petition to decline | ||||||
22 | issuance of the MDDP with the court of venue. The court shall | ||||||
23 | admonish the offender of all consequences of declining issuance | ||||||
24 | of the MDDP including, but not limited to, the enhanced | ||||||
25 | penalties for driving while suspended. After being so | ||||||
26 | admonished, the offender shall be permitted, in writing, to |
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1 | execute a notice declining issuance of the MDDP. This notice | ||||||
2 | shall be filed with the court and forwarded by the clerk of the | ||||||
3 | court to the Secretary. The offender may, at any time | ||||||
4 | thereafter, apply to the Secretary for issuance of a MDDP. | ||||||
5 | (a-1) A person issued a MDDP may drive for any purpose and | ||||||
6 | at any time, subject to the rules adopted by the Secretary | ||||||
7 | under subsection (g). The person must, at his or her own | ||||||
8 | expense, wear on his or her ankle a continuous alcohol | ||||||
9 | monitoring device as defined in Section 1-111.9a or drive only | ||||||
10 | vehicles equipped with an ignition interlock device as defined | ||||||
11 | in Section 1-129.1, but in no event shall such person drive a | ||||||
12 | commercial motor vehicle. | ||||||
13 | (a-2) Persons who are issued a MDDP and must drive | ||||||
14 | employer-owned vehicles in the course of their employment | ||||||
15 | duties may seek permission to drive an employer-owned vehicle | ||||||
16 | that does not have an ignition interlock device. The employer | ||||||
17 | shall provide to the Secretary a form, as prescribed by the | ||||||
18 | Secretary, completed by the employer verifying that the | ||||||
19 | employee must drive an employer-owned vehicle in the course of | ||||||
20 | employment. If approved by the Secretary, the form must be in | ||||||
21 | the driver's possession while operating an employer-owner | ||||||
22 | vehicle not equipped with an ignition interlock device. No | ||||||
23 | person may use this exemption to drive a school bus, school | ||||||
24 | vehicle, or a vehicle designed to transport more than 15 | ||||||
25 | passengers. No person may use this exemption to drive an | ||||||
26 | employer-owned motor vehicle that is owned by an entity that is |
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1 | wholly or partially owned by the person holding the MDDP, or by | ||||||
2 | a family member of the person holding the MDDP. No person may | ||||||
3 | use this exemption to drive an employer-owned vehicle that is | ||||||
4 | made available to the employee for personal use. No person may | ||||||
5 | drive the exempted vehicle more than 12 hours per day, 6 days | ||||||
6 | per week.
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7 | (a-3) Persons who are issued a MDDP and who must drive a | ||||||
8 | farm tractor to and from a farm, within 50 air miles from the | ||||||
9 | originating farm are exempt from installation of a BAIID on the | ||||||
10 | farm tractor, so long as the farm tractor is being used for the | ||||||
11 | exclusive purpose of conducting farm operations. | ||||||
12 | (b) (Blank). | ||||||
13 | (c) (Blank).
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14 | (c-1) If the holder of the MDDP is convicted of or receives | ||||||
15 | court supervision for a violation of Section 6-206.2, 6-303, | ||||||
16 | 11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar | ||||||
17 | provision of a local ordinance or a similar out-of-state | ||||||
18 | offense or is convicted of or receives court supervision for | ||||||
19 | any offense for which alcohol or drugs is an element of the | ||||||
20 | offense and in which a motor vehicle was involved (for an | ||||||
21 | arrest other than the one for which the MDDP is issued), or | ||||||
22 | de-installs the BAIID or removes the continuous alcohol | ||||||
23 | monitoring device without prior authorization from the | ||||||
24 | Secretary, the MDDP shall be cancelled. | ||||||
25 | (c-2) If the holder of the MDDP has been fitted with a | ||||||
26 | continuous alcohol monitoring device and the continuous |
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1 | alcohol monitoring device detects the presence of alcohol in | ||||||
2 | the person's system, the person shall be required to install an | ||||||
3 | ignition interlock device and shall be subject to the rules | ||||||
4 | governing ignition interlock devices. If, after giving notice | ||||||
5 | of the requirement to install the ignition interlock device, | ||||||
6 | the Secretary does not receive notice of installation of an | ||||||
7 | ignition interlock device within 14 days, the Secretary shall | ||||||
8 | cancel the MDDP. | ||||||
9 | (c-5) If the Secretary determines that the person seeking | ||||||
10 | the MDDP is indigent, the Secretary shall provide the person | ||||||
11 | with a written document as evidence of that determination, and | ||||||
12 | the person shall provide that written document to an ignition | ||||||
13 | interlock device provider. The provider shall install an | ||||||
14 | ignition interlock device on that person's vehicle without | ||||||
15 | charge to the person, and seek reimbursement from the Indigent | ||||||
16 | BAIID Fund.
If the Secretary has deemed an offender indigent, | ||||||
17 | the BAIID provider shall also provide the normal monthly | ||||||
18 | monitoring services and the de-installation without charge to | ||||||
19 | the offender and seek reimbursement from the Indigent BAIID | ||||||
20 | Fund. Any other monetary charges, such as a lockout fee or | ||||||
21 | reset fee, shall be the responsibility of the MDDP holder. A | ||||||
22 | BAIID provider may not seek a security deposit from the | ||||||
23 | Indigent BAIID Fund. Nothing in this subsection (c-5) gives a | ||||||
24 | person who is indigent the right to be fitted with a continuous | ||||||
25 | alcohol monitoring device without payment of fees. | ||||||
26 | (d) MDDP information
shall be available only to the courts, |
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1 | police officers, and the Secretary, except during the actual | ||||||
2 | period the MDDP is valid, during which
time it shall be a | ||||||
3 | public record. | ||||||
4 | (e) (Blank). | ||||||
5 | (f) (Blank). | ||||||
6 | (g) The Secretary shall adopt rules for implementing this | ||||||
7 | Section. The rules adopted shall address issues including, but | ||||||
8 | not limited to: compliance with the requirements of the MDDP; | ||||||
9 | methods for determining compliance with those requirements; | ||||||
10 | the consequences of noncompliance with those requirements; | ||||||
11 | what constitutes a violation of the MDDP; methods for | ||||||
12 | determining indigency; and the duties of a person or entity | ||||||
13 | that supplies the ignition interlock device or continuous | ||||||
14 | alcohol monitoring device . | ||||||
15 | (h) The rules adopted under subsection (g) shall provide, | ||||||
16 | at a minimum, that the person is not in compliance with the | ||||||
17 | requirements of the MDDP if he or she: | ||||||
18 | (1) tampers or attempts to tamper with or circumvent | ||||||
19 | the proper operation of the ignition interlock device or | ||||||
20 | continuous alcohol monitoring device ; | ||||||
21 | (2) provides valid breath samples that register blood | ||||||
22 | alcohol levels in excess of the number of times allowed | ||||||
23 | under the rules; | ||||||
24 | (3) fails to provide evidence sufficient to satisfy the | ||||||
25 | Secretary that the ignition interlock device has been | ||||||
26 | installed in the designated vehicle or vehicles or that the |
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1 | person has been fitted with a continuous alcohol monitoring | ||||||
2 | device ; or | ||||||
3 | (4) fails to follow any other applicable rules adopted | ||||||
4 | by the Secretary. | ||||||
5 | (i) Any person or entity that supplies an ignition | ||||||
6 | interlock device as provided under this Section shall, in | ||||||
7 | addition to supplying only those devices which fully comply | ||||||
8 | with all the rules adopted under subsection (g), provide the | ||||||
9 | Secretary, within 7 days of inspection, all monitoring reports | ||||||
10 | of each person who has had an ignition interlock device | ||||||
11 | installed. These reports shall be furnished in a manner or form | ||||||
12 | as prescribed by the Secretary. | ||||||
13 | (i-5) A person or entity that supplies a continuous alcohol | ||||||
14 | monitoring device as provided under this Section shall, in | ||||||
15 | addition to supplying only those devices which fully comply | ||||||
16 | with all the rules adopted under subsection (g), provide the | ||||||
17 | Secretary, within 7 days of inspection, all monitoring reports | ||||||
18 | of each person who has been fitted with a continuous alcohol | ||||||
19 | monitoring device. These reports shall be furnished in a manner | ||||||
20 | or form as prescribed by the Secretary. | ||||||
21 | (j) Upon making a determination that a violation of the | ||||||
22 | requirements of the MDDP has occurred, the Secretary shall | ||||||
23 | extend the summary suspension period for an additional 3 months | ||||||
24 | beyond the originally imposed summary suspension period, | ||||||
25 | during which time the person shall only be allowed to drive | ||||||
26 | while fitted with a continuous alcohol monitoring device or |
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1 | drive vehicles equipped with an ignition interlock device; | ||||||
2 | provided further there are no limitations on the total number | ||||||
3 | of times the summary suspension may be extended. The Secretary | ||||||
4 | may, however, limit the number of extensions imposed for | ||||||
5 | violations occurring during any one monitoring period, as set | ||||||
6 | forth by rule. Any person whose summary suspension is extended | ||||||
7 | pursuant to this Section shall have the right to contest the | ||||||
8 | extension through a hearing with the Secretary, pursuant to | ||||||
9 | Section 2-118 of this Code. If the summary suspension has | ||||||
10 | already terminated prior to the Secretary receiving the | ||||||
11 | monitoring report that shows a violation, the Secretary shall | ||||||
12 | be authorized to suspend the person's driving privileges for 3 | ||||||
13 | months, provided that the Secretary may, by rule, limit the | ||||||
14 | number of suspensions to be entered pursuant to this paragraph | ||||||
15 | for violations occurring during any one monitoring period. Any | ||||||
16 | person whose license is suspended pursuant to this paragraph, | ||||||
17 | after the summary suspension had already terminated, shall have | ||||||
18 | the right to contest the suspension through a hearing with the | ||||||
19 | Secretary, pursuant to Section 2-118 of this Code. The only | ||||||
20 | permit the person shall be eligible for during this new | ||||||
21 | suspension period is a MDDP. | ||||||
22 | (k) A person who has had his or her summary suspension | ||||||
23 | extended for the third time, or has any combination of 3 | ||||||
24 | extensions and new suspensions, entered as a result of a | ||||||
25 | violation that occurred while holding the MDDP, so long as the | ||||||
26 | extensions and new suspensions relate to the same summary |
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1 | suspension, shall have his or her vehicle impounded for a | ||||||
2 | period of 30 days, at the person's own expense. A person who | ||||||
3 | has his or her summary suspension extended for the fourth time, | ||||||
4 | or has any combination of 4 extensions and new suspensions, | ||||||
5 | entered as a result of a violation that occurred while holding | ||||||
6 | the MDDP, so long as the extensions and new suspensions relate | ||||||
7 | to the same summary suspension, shall have his or her vehicle | ||||||
8 | subject to seizure and forfeiture. The Secretary shall notify | ||||||
9 | the prosecuting authority of any third or fourth extensions or | ||||||
10 | new suspension entered as a result of a violation that occurred | ||||||
11 | while the person held a MDDP. Upon receipt of the notification, | ||||||
12 | the prosecuting authority shall impound or forfeit the vehicle. | ||||||
13 | The impoundment or forfeiture of a vehicle shall be conducted | ||||||
14 | pursuant to the procedure specified in Article 36 of the | ||||||
15 | Criminal Code of 1961. | ||||||
16 | (l) A person whose driving privileges have been suspended | ||||||
17 | under Section 11-501.1 of this Code and who had a MDDP that was | ||||||
18 | cancelled, or would have been cancelled had notification of a | ||||||
19 | violation been received prior to expiration of the MDDP, | ||||||
20 | pursuant to subsection (c-1) of this Section, shall not be | ||||||
21 | eligible for reinstatement when the summary suspension is | ||||||
22 | scheduled to terminate. Instead, the person's driving | ||||||
23 | privileges shall be suspended for a period of not less than | ||||||
24 | twice the original summary suspension period, or for the length | ||||||
25 | of any extensions entered under subsection (j), whichever is | ||||||
26 | longer. During the period of suspension, the person shall be |
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1 | eligible only to apply for a restricted driving permit. If a | ||||||
2 | restricted driving permit is granted, the offender may only | ||||||
3 | operate vehicles equipped with a BAIID in accordance with this | ||||||
4 | Section. | ||||||
5 | (m) Any person or entity that supplies an ignition | ||||||
6 | interlock device under this Section shall, for each ignition | ||||||
7 | interlock device installed, pay 5% of the total gross revenue | ||||||
8 | received for the device, including monthly monitoring fees, | ||||||
9 | into the Indigent BAIID Fund. This 5% shall be clearly | ||||||
10 | indicated as a separate surcharge on each invoice that is | ||||||
11 | issued. The Secretary shall conduct an annual review of the | ||||||
12 | fund to determine whether the surcharge is sufficient to | ||||||
13 | provide for indigent users. The Secretary may increase or | ||||||
14 | decrease this surcharge requirement as needed. | ||||||
15 | (n) Any person or entity that supplies an ignition | ||||||
16 | interlock device under this Section that is requested to | ||||||
17 | provide an ignition interlock device to a person who presents | ||||||
18 | written documentation of indigency from the Secretary, as | ||||||
19 | provided in subsection (c-5) of this Section, shall install the | ||||||
20 | device on the person's vehicle without charge to the person and | ||||||
21 | shall seek reimbursement from the Indigent BAIID Fund. | ||||||
22 | (o) The Indigent BAIID Fund is created as a special fund in | ||||||
23 | the State treasury. The Secretary shall, subject to | ||||||
24 | appropriation by the General Assembly, use all money in the | ||||||
25 | Indigent BAIID Fund to reimburse ignition interlock device | ||||||
26 | providers who have installed devices in vehicles of indigent |
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1 | persons. The Secretary shall make payments to such providers | ||||||
2 | every 3 months. If the amount of money in the fund at the time | ||||||
3 | payments are made is not sufficient to pay all requests for | ||||||
4 | reimbursement submitted during that 3 month period, the | ||||||
5 | Secretary shall make payments on a pro-rata basis, and those | ||||||
6 | payments shall be considered payment in full for the requests | ||||||
7 | submitted. | ||||||
8 | (p) The Monitoring Device Driving Permit Administration | ||||||
9 | Fee Fund is created as a special fund in the State treasury. | ||||||
10 | The Secretary shall, subject to appropriation by the General | ||||||
11 | Assembly, use the money paid into this fund to offset its | ||||||
12 | administrative costs for administering MDDPs.
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13 | (q) The Secretary is authorized to prescribe such forms as | ||||||
14 | it deems necessary to carry out the provisions of this Section. | ||||||
15 | (Source: P.A. 96-184, eff. 8-10-09; 96-1526, eff. 2-14-11; | ||||||
16 | 97-229; eff. 7-28-11; revised 10-4-11.)
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17 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
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18 | Sec. 6-303. Driving while driver's license, permit or | ||||||
19 | privilege to
operate a motor vehicle is suspended or revoked.
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20 | (a) Except as otherwise provided in subsection (a-5), any | ||||||
21 | person who drives or is in actual physical control of a motor
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22 | vehicle on any highway of this State at a time when such | ||||||
23 | person's driver's
license, permit or privilege to do so or the | ||||||
24 | privilege to obtain a driver's
license or permit is revoked or | ||||||
25 | suspended as provided by this Code or the law
of another state, |
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1 | except as may be specifically allowed by a judicial driving
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2 | permit issued prior to January 1, 2009, monitoring device | ||||||
3 | driving permit, family financial responsibility driving | ||||||
4 | permit, probationary
license to drive, or a restricted driving | ||||||
5 | permit issued pursuant to this Code
or under the law of another | ||||||
6 | state, shall be guilty of a Class A misdemeanor.
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7 | (a-5) Any person who violates this Section as provided in | ||||||
8 | subsection (a) while his or her driver's license, permit or | ||||||
9 | privilege is revoked because of a violation of Section 9-3 of | ||||||
10 | the Criminal Code of 1961, relating to the offense of reckless | ||||||
11 | homicide or a similar provision of a law of another state, is | ||||||
12 | guilty of a Class 4 felony. The person shall be required to | ||||||
13 | undergo a professional evaluation, as provided in Section | ||||||
14 | 11-501 of this Code, to determine if an alcohol, drug, or | ||||||
15 | intoxicating compound problem exists and the extent of the | ||||||
16 | problem, and to undergo the imposition of treatment as | ||||||
17 | appropriate.
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18 | (b) (Blank). | ||||||
19 | (b-1) Upon receiving a report of the conviction of any | ||||||
20 | violation indicating a person was operating a motor vehicle | ||||||
21 | during the time when the person's driver's license, permit or | ||||||
22 | privilege was suspended by the Secretary of State or the | ||||||
23 | driver's licensing administrator of another state, except as | ||||||
24 | specifically allowed by a probationary license, judicial | ||||||
25 | driving permit, restricted driving permit or monitoring device | ||||||
26 | driving permit the Secretary shall extend the suspension for |
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1 | the same period of time as the originally imposed suspension | ||||||
2 | unless the suspension has already expired, in which case the | ||||||
3 | Secretary shall be authorized to suspend the person's driving | ||||||
4 | privileges for the same period of time as the originally | ||||||
5 | imposed suspension. | ||||||
6 | (b-2) Except as provided in subsection (b-6), upon | ||||||
7 | receiving a report of the conviction of any violation | ||||||
8 | indicating a person was operating a motor vehicle when the | ||||||
9 | person's driver's license, permit or privilege was revoked by | ||||||
10 | the Secretary of State or the driver's license administrator of | ||||||
11 | any other state, except as specifically allowed by a restricted | ||||||
12 | driving permit issued pursuant to this Code or the law of | ||||||
13 | another state, the Secretary shall not issue a driver's license | ||||||
14 | for an additional period of one year from the date of such | ||||||
15 | conviction indicating such person was operating a vehicle | ||||||
16 | during such period of revocation. | ||||||
17 | (b-3) (Blank).
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18 | (b-4) When the Secretary of State receives a report of a | ||||||
19 | conviction of any violation indicating a person was operating a | ||||||
20 | motor vehicle that was not equipped with an ignition interlock | ||||||
21 | device during a time when the person was prohibited from | ||||||
22 | operating a motor vehicle not equipped with such a device, the | ||||||
23 | Secretary shall not issue a driver's license to that person for | ||||||
24 | an additional period of one year from the date of the | ||||||
25 | conviction.
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26 | (b-5) Any person convicted of violating this Section shall |
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1 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
2 | 300
hours of community service
when the person's driving | ||||||
3 | privilege was revoked or suspended as a result of a violation | ||||||
4 | of Section 9-3 of the Criminal Code of 1961, as amended,
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5 | relating to the offense of reckless homicide, or a similar | ||||||
6 | provision of a law of another state.
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7 | (b-6) Upon receiving a report of a first conviction of | ||||||
8 | operating a motor vehicle while the person's driver's license, | ||||||
9 | permit or privilege was revoked where the revocation was for a | ||||||
10 | violation of Section 9-3 of the Criminal Code of 1961 relating | ||||||
11 | to the offense of reckless homicide or a similar out-of-state | ||||||
12 | offense, the Secretary shall not issue a driver's license for | ||||||
13 | an additional period of three years from the date of such | ||||||
14 | conviction. | ||||||
15 | (c) Except as provided in subsections (c-3) and (c-4), any | ||||||
16 | person convicted of violating this Section shall serve a | ||||||
17 | minimum
term of imprisonment of 10 consecutive days or 30
days | ||||||
18 | of community service
when the person's driving privilege was | ||||||
19 | revoked or suspended as a result of:
| ||||||
20 | (1) a violation of Section 11-501 of this Code or a | ||||||
21 | similar provision
of a local ordinance relating to the | ||||||
22 | offense of operating or being in physical
control of a | ||||||
23 | vehicle while under the influence of alcohol, any other | ||||||
24 | drug
or any combination thereof; or
| ||||||
25 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
26 | this Code or a
similar provision of a local ordinance |
| |||||||
| |||||||
1 | relating to the offense of leaving the
scene of a motor | ||||||
2 | vehicle accident involving personal injury or death; or
| ||||||
3 | (3)
a statutory summary suspension or revocation under | ||||||
4 | Section 11-501.1 of this
Code.
| ||||||
5 | Such sentence of imprisonment or community service shall | ||||||
6 | not be subject
to suspension in order to reduce such sentence.
| ||||||
7 | (c-1) Except as provided in subsections (c-5) and (d), any | ||||||
8 | person convicted of a
second violation of this Section shall be | ||||||
9 | ordered by the court to serve a
minimum
of 100 hours of | ||||||
10 | community service.
| ||||||
11 | (c-2) In addition to other penalties imposed under this | ||||||
12 | Section, the
court may impose on any person convicted a fourth | ||||||
13 | time of violating this
Section any of
the following:
| ||||||
14 | (1) Seizure of the license plates of the person's | ||||||
15 | vehicle.
| ||||||
16 | (2) Immobilization of the person's vehicle for a period | ||||||
17 | of time
to be determined by the court.
| ||||||
18 | (c-3) Any person convicted of a violation of this Section | ||||||
19 | during a period of summary suspension imposed pursuant to | ||||||
20 | Section 11-501.1 when the person was eligible for a MDDP shall | ||||||
21 | be guilty of a Class 4 felony and shall serve a minimum term of | ||||||
22 | imprisonment of 30 days. | ||||||
23 | (c-4) Any person who has been issued a MDDP and who is | ||||||
24 | convicted of a violation of this Section as a result of | ||||||
25 | operating or being in actual physical control of a motor | ||||||
26 | vehicle not equipped with an ignition interlock device or in |
| |||||||
| |||||||
1 | actual physical control of a vehicle while not fitted with a | ||||||
2 | continuous alcohol monitoring device at the time of the offense | ||||||
3 | shall be guilty of a Class 4 felony and shall serve a minimum | ||||||
4 | term of imprisonment of 30 days.
| ||||||
5 | (c-5) Any person convicted of a second violation of this
| ||||||
6 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
7 | probation or conditional discharge, and shall serve a mandatory | ||||||
8 | term of
imprisonment, if the
revocation or
suspension was for a | ||||||
9 | violation of Section 9-3 of the Criminal Code of 1961, relating
| ||||||
10 | to the offense of reckless homicide, or a similar out-of-state | ||||||
11 | offense.
| ||||||
12 | (d) Any person convicted of a second violation of this
| ||||||
13 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
14 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
15 | community service, as determined by the
court, if the original
| ||||||
16 | revocation or
suspension was for a violation of Section 11-401 | ||||||
17 | or 11-501 of this Code,
or a similar out-of-state offense, or a | ||||||
18 | similar provision of a local
ordinance, or a
statutory summary | ||||||
19 | suspension or revocation under Section 11-501.1 of this Code.
| ||||||
20 | (d-1) Except as provided in subsections (d-2), (d-2.5), and | ||||||
21 | (d-3), any
person convicted of
a third or subsequent violation | ||||||
22 | of this Section shall serve a minimum term of
imprisonment of | ||||||
23 | 30 days or 300 hours of community service, as determined by the
| ||||||
24 | court.
| ||||||
25 | (d-2) Any person convicted of a third violation of this
| ||||||
26 | Section is guilty of a Class 4 felony and must serve a minimum |
| |||||||
| |||||||
1 | term of
imprisonment of 30 days if the revocation or
suspension | ||||||
2 | was for a violation of Section 11-401 or 11-501 of this Code,
| ||||||
3 | or a similar out-of-state offense, or a similar provision of a | ||||||
4 | local
ordinance, or a
statutory summary suspension or | ||||||
5 | revocation under Section 11-501.1 of this Code.
| ||||||
6 | (d-2.5) Any person convicted of a third violation of this
| ||||||
7 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
8 | probation or conditional discharge, and must serve a mandatory | ||||||
9 | term of
imprisonment if the revocation or
suspension was for a | ||||||
10 | violation of Section 9-3 of the Criminal Code of 1961, relating | ||||||
11 | to the offense of reckless homicide, or a similar out-of-state | ||||||
12 | offense.
The person's driving privileges shall be revoked for | ||||||
13 | the remainder of the person's life. | ||||||
14 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
15 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
16 | of a Class 4 felony and must serve a minimum term of
| ||||||
17 | imprisonment of 180 days if the revocation or suspension was | ||||||
18 | for a
violation of Section 11-401 or 11-501 of this Code, or a | ||||||
19 | similar out-of-state
offense, or a similar provision of a local | ||||||
20 | ordinance, or a statutory
summary suspension or revocation | ||||||
21 | under Section 11-501.1 of this Code.
| ||||||
22 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
23 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
24 | eligible for probation or conditional discharge, and must serve | ||||||
25 | a mandatory term of
imprisonment, and is eligible for an | ||||||
26 | extended term, if the revocation or suspension was for a
|
| |||||||
| |||||||
1 | violation of Section 9-3 of the Criminal Code of 1961, relating | ||||||
2 | to the offense of reckless homicide, or a similar out-of-state | ||||||
3 | offense.
| ||||||
4 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
5 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
6 | of a Class 3 felony, and is not eligible for probation or | ||||||
7 | conditional discharge, if the revocation or suspension was for | ||||||
8 | a violation of Section 11-401 or 11-501 of this Code, or a | ||||||
9 | similar out-of-state offense, or a similar provision of a local | ||||||
10 | ordinance, or a statutory summary suspension or revocation | ||||||
11 | under Section 11-501.1 of this Code. | ||||||
12 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
13 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
14 | not eligible for probation or conditional discharge, if the | ||||||
15 | revocation or suspension was for a violation of Section 11-401 | ||||||
16 | or 11-501 of this Code, or a similar out-of-state offense, or a | ||||||
17 | similar provision of a local ordinance, or a statutory summary | ||||||
18 | suspension or revocation under Section 11-501.1 of this Code.
| ||||||
19 | (e) Any person in violation of this Section who is also in | ||||||
20 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
21 | insurance requirements, in
addition to other penalties imposed | ||||||
22 | under this Section, shall have his or her
motor vehicle | ||||||
23 | immediately impounded by the arresting law enforcement | ||||||
24 | officer.
The motor vehicle may be released to any licensed | ||||||
25 | driver upon a showing of
proof of insurance for the vehicle | ||||||
26 | that was impounded and the notarized written
consent for the |
| |||||||
| |||||||
1 | release by the vehicle owner.
| ||||||
2 | (f) For any prosecution under this Section, a certified | ||||||
3 | copy of the
driving abstract of the defendant shall be admitted | ||||||
4 | as proof of any prior
conviction.
| ||||||
5 | (g) The motor vehicle used in a violation of this Section | ||||||
6 | is subject
to seizure and forfeiture as provided in Sections | ||||||
7 | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | ||||||
8 | driving privilege was revoked
or suspended as a result of a | ||||||
9 | violation listed in paragraph (1) or (2) of subsection (c) of | ||||||
10 | this Section, as a result of a summary
suspension or revocation | ||||||
11 | as provided in paragraph (3) of subsection (c) of this
Section, | ||||||
12 | or as a result of a violation of Section 9-3 of the Criminal | ||||||
13 | Code of 1961 relating to the offense of reckless homicide.
| ||||||
14 | (Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, | ||||||
15 | eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991, | ||||||
16 | eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; | ||||||
17 | 96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11 .)
| ||||||
18 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||||||
19 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
20 | other drug or drugs, intoxicating compound or compounds or any | ||||||
21 | combination thereof.
| ||||||
22 | (a) A person shall not drive or be in actual physical | ||||||
23 | control of any vehicle within this State while: | ||||||
24 | (1) the alcohol concentration in the person's blood or | ||||||
25 | breath is 0.08 or more based on the definition of blood and |
| |||||||
| |||||||
1 | breath units in Section 11-501.2; | ||||||
2 | (2) under the influence of alcohol; | ||||||
3 | (3) under the influence of any intoxicating compound or | ||||||
4 | combination of intoxicating compounds to a degree that | ||||||
5 | renders the person incapable of driving safely; | ||||||
6 | (4) under the influence of any other drug or | ||||||
7 | combination of drugs to a degree that renders the person | ||||||
8 | incapable of safely driving; | ||||||
9 | (5) under the combined influence of alcohol, other drug | ||||||
10 | or drugs, or intoxicating compound or compounds to a degree | ||||||
11 | that renders the person incapable of safely driving; or | ||||||
12 | (6) there is any amount of a drug, substance, or | ||||||
13 | compound in the person's breath, blood, or urine resulting | ||||||
14 | from the unlawful use or consumption of cannabis listed in | ||||||
15 | the Cannabis Control Act, a controlled substance listed in | ||||||
16 | the Illinois Controlled Substances Act, an intoxicating | ||||||
17 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
18 | or methamphetamine as listed in the Methamphetamine | ||||||
19 | Control and Community Protection Act.
| ||||||
20 | (b) The fact that any person charged with violating this | ||||||
21 | Section is or has been legally entitled to use alcohol, other | ||||||
22 | drug or drugs, or intoxicating compound or compounds, or any | ||||||
23 | combination thereof, shall not constitute a defense against any | ||||||
24 | charge of violating this Section. | ||||||
25 | (c) Penalties. | ||||||
26 | (1) Except as otherwise provided in this Section, any |
| |||||||
| |||||||
1 | person convicted of violating subsection (a) of this | ||||||
2 | Section is guilty of a Class A misdemeanor. | ||||||
3 | (2) A person who violates subsection (a) or a similar | ||||||
4 | provision a second time shall be sentenced to a mandatory | ||||||
5 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
6 | of community service in addition to any other criminal or | ||||||
7 | administrative sanction. | ||||||
8 | (3) A person who violates subsection (a) is subject to | ||||||
9 | 6 months of imprisonment, an additional mandatory minimum | ||||||
10 | fine of $1,000, and 25 days of community service in a | ||||||
11 | program benefiting children if the person was transporting | ||||||
12 | a person under the age of 16 at the time of the violation. | ||||||
13 | (4) A person who violates subsection (a) a first time, | ||||||
14 | if the alcohol concentration in his or her blood, breath, | ||||||
15 | or urine was 0.16 or more based on the definition of blood, | ||||||
16 | breath, or urine units in Section 11-501.2, shall be | ||||||
17 | subject, in addition to any other penalty that may be | ||||||
18 | imposed, to a mandatory minimum of 100 hours of community | ||||||
19 | service and a mandatory minimum fine of $500. | ||||||
20 | (5) A person who violates subsection (a) a second time, | ||||||
21 | if at the time of the second violation the alcohol | ||||||
22 | concentration in his or her blood, breath, or urine was | ||||||
23 | 0.16 or more based on the definition of blood, breath, or | ||||||
24 | urine units in Section 11-501.2, shall be subject, in | ||||||
25 | addition to any other penalty that may be imposed, to a | ||||||
26 | mandatory minimum of 2 days of imprisonment and a mandatory |
| |||||||
| |||||||
1 | minimum fine of $1,250. | ||||||
2 | (d) Aggravated driving under the influence of alcohol, | ||||||
3 | other drug or drugs, or intoxicating compound or compounds, or | ||||||
4 | any combination thereof.
| ||||||
5 | (1) Every person convicted of committing a violation of | ||||||
6 | this Section shall be guilty of aggravated driving under | ||||||
7 | the influence of alcohol, other drug or drugs, or | ||||||
8 | intoxicating compound or compounds, or any combination | ||||||
9 | thereof if: | ||||||
10 | (A) the person committed a violation of subsection | ||||||
11 | (a) or a similar provision for the third or subsequent | ||||||
12 | time; | ||||||
13 | (B) the person committed a violation of subsection | ||||||
14 | (a) while driving a school bus with persons 18 years of | ||||||
15 | age or younger on board; | ||||||
16 | (C) the person in committing a violation of | ||||||
17 | subsection (a) was involved in a motor vehicle accident | ||||||
18 | that resulted in great bodily harm or permanent | ||||||
19 | disability or disfigurement to another, when the | ||||||
20 | violation was a proximate cause of the injuries; | ||||||
21 | (D) the person committed a violation of subsection | ||||||
22 | (a) and has been previously convicted of violating | ||||||
23 | Section 9-3 of the Criminal Code of 1961 or a similar | ||||||
24 | provision of a law of another state relating to | ||||||
25 | reckless homicide in which the person was determined to | ||||||
26 | have been under the influence of alcohol, other drug or |
| |||||||
| |||||||
1 | drugs, or intoxicating compound or compounds as an | ||||||
2 | element of the offense or the person has previously | ||||||
3 | been convicted under subparagraph (C) or subparagraph | ||||||
4 | (F) of this paragraph (1); | ||||||
5 | (E) the person, in committing a violation of | ||||||
6 | subsection (a) while driving at any speed in a school | ||||||
7 | speed zone at a time when a speed limit of 20 miles per | ||||||
8 | hour was in effect under subsection (a) of Section | ||||||
9 | 11-605 of this Code, was involved in a motor vehicle | ||||||
10 | accident that resulted in bodily harm, other than great | ||||||
11 | bodily harm or permanent disability or disfigurement, | ||||||
12 | to another person, when the violation of subsection (a) | ||||||
13 | was a proximate cause of the bodily harm; | ||||||
14 | (F) the person, in committing a violation of | ||||||
15 | subsection (a), was involved in a motor vehicle, | ||||||
16 | snowmobile, all-terrain vehicle, or watercraft | ||||||
17 | accident that resulted in the death of another person, | ||||||
18 | when the violation of subsection (a) was a proximate | ||||||
19 | cause of the death; | ||||||
20 | (G) the person committed a violation of subsection | ||||||
21 | (a) during a period in which the defendant's driving | ||||||
22 | privileges are revoked or suspended, where the | ||||||
23 | revocation or suspension was for a violation of | ||||||
24 | subsection (a) or a similar provision, Section | ||||||
25 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
26 | reckless homicide as defined in Section 9-3 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961; | ||||||
2 | (H) the person committed the violation while he or | ||||||
3 | she did not possess a driver's license or permit or a | ||||||
4 | restricted driving permit or a judicial driving permit | ||||||
5 | or a monitoring device driving permit; | ||||||
6 | (I) the person committed the violation while he or | ||||||
7 | she knew or should have known that the vehicle he or | ||||||
8 | she was driving was not covered by a liability | ||||||
9 | insurance policy; | ||||||
10 | (J) the person in committing a violation of | ||||||
11 | subsection (a) was involved in a motor vehicle accident | ||||||
12 | that resulted in bodily harm, but not great bodily | ||||||
13 | harm, to the child under the age of 16 being | ||||||
14 | transported by the person, if the violation was the | ||||||
15 | proximate cause of the injury; or | ||||||
16 | (K) the person in committing a second violation of | ||||||
17 | subsection (a) or a similar provision was transporting | ||||||
18 | a person under the age of 16. | ||||||
19 | (2)(A) Except as provided otherwise, a person | ||||||
20 | convicted of aggravated driving under the influence of | ||||||
21 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
22 | compounds, or any combination thereof is guilty of a Class | ||||||
23 | 4 felony. | ||||||
24 | (B) A third violation of this Section or a similar | ||||||
25 | provision is a Class 2 felony. If at the time of the third | ||||||
26 | violation the alcohol concentration in his or her blood, |
| |||||||
| |||||||
1 | breath, or urine was 0.16 or more based on the definition | ||||||
2 | of blood, breath, or urine units in Section 11-501.2, a | ||||||
3 | mandatory minimum of 90 days of imprisonment and a | ||||||
4 | mandatory minimum fine of $2,500 shall be imposed in | ||||||
5 | addition to any other criminal or administrative sanction. | ||||||
6 | If at the time of the third violation, the defendant was | ||||||
7 | transporting a person under the age of 16, a mandatory fine | ||||||
8 | of $25,000 and 25 days of community service in a program | ||||||
9 | benefiting children shall be imposed in addition to any | ||||||
10 | other criminal or administrative sanction. | ||||||
11 | (C) A fourth violation of this Section or a similar | ||||||
12 | provision is a Class 2 felony, for which a sentence of | ||||||
13 | probation or conditional discharge may not be imposed. If | ||||||
14 | at the time of the violation, the alcohol concentration in | ||||||
15 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
16 | based on the definition of blood, breath, or urine units in | ||||||
17 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
18 | be imposed in addition to any other criminal or | ||||||
19 | administrative sanction. If at the time of the fourth | ||||||
20 | violation, the defendant was transporting a person under | ||||||
21 | the age of 16 a mandatory fine of $25,000 and 25 days of | ||||||
22 | community service in a program benefiting children shall be | ||||||
23 | imposed in addition to any other criminal or administrative | ||||||
24 | sanction. | ||||||
25 | (D) A fifth violation of this Section or a similar | ||||||
26 | provision is a Class 1 felony, for which a sentence of |
| |||||||
| |||||||
1 | probation or conditional discharge may not be imposed. If | ||||||
2 | at the time of the violation, the alcohol concentration in | ||||||
3 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
4 | based on the definition of blood, breath, or urine units in | ||||||
5 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
6 | be imposed in addition to any other criminal or | ||||||
7 | administrative sanction. If at the time of the fifth | ||||||
8 | violation, the defendant was transporting a person under | ||||||
9 | the age of 16, a mandatory fine of $25,000, and 25 days of | ||||||
10 | community service in a program benefiting children shall be | ||||||
11 | imposed in addition to any other criminal or administrative | ||||||
12 | sanction. | ||||||
13 | (E) A sixth or subsequent violation of this Section or | ||||||
14 | similar provision is a Class X felony. If at the time of | ||||||
15 | the violation, the alcohol concentration in the | ||||||
16 | defendant's blood, breath, or urine was 0.16 or more based | ||||||
17 | on the definition of blood, breath, or urine units in | ||||||
18 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
19 | be imposed in addition to any other criminal or | ||||||
20 | administrative sanction. If at the time of the violation, | ||||||
21 | the defendant was transporting a person under the age of | ||||||
22 | 16, a mandatory fine of $25,000 and 25 days of community | ||||||
23 | service in a program benefiting children shall be imposed | ||||||
24 | in addition to any other criminal or administrative | ||||||
25 | sanction. | ||||||
26 | (F) For a violation of subparagraph (C) of paragraph |
| |||||||
| |||||||
1 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
2 | a term of imprisonment, shall be sentenced to not less than | ||||||
3 | one year nor more than 12 years. | ||||||
4 | (G) A violation of subparagraph (F) of paragraph (1) of | ||||||
5 | this subsection (d) is a Class 2 felony, for which the | ||||||
6 | defendant, unless the court determines that extraordinary | ||||||
7 | circumstances exist and require probation, shall be | ||||||
8 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
9 | years and not more than 14 years if the violation resulted | ||||||
10 | in the death of one person; or (ii) a term of imprisonment | ||||||
11 | of not less than 6 years and not more than 28 years if the | ||||||
12 | violation resulted in the deaths of 2 or more persons. | ||||||
13 | (H) For a violation of subparagraph (J) of paragraph | ||||||
14 | (1) of this subsection (d), a mandatory fine of $2,500, and | ||||||
15 | 25 days of community service in a program benefiting | ||||||
16 | children shall be imposed in addition to any other criminal | ||||||
17 | or administrative sanction. | ||||||
18 | (I) A violation of subparagraph (K) of paragraph (1) of | ||||||
19 | this subsection (d), is a Class 2 felony and a mandatory | ||||||
20 | fine of $2,500, and 25 days of community service in a | ||||||
21 | program benefiting children shall be imposed in addition to | ||||||
22 | any other criminal or administrative sanction. If the child | ||||||
23 | being transported suffered bodily harm, but not great | ||||||
24 | bodily harm, in a motor vehicle accident, and the violation | ||||||
25 | was the proximate cause of that injury, a mandatory fine of | ||||||
26 | $5,000 and 25 days of community service in a program |
| |||||||
| |||||||
1 | benefiting children shall be imposed in addition to any | ||||||
2 | other criminal or administrative sanction. | ||||||
3 | (J) A violation of subparagraph (D) of paragraph (1) of | ||||||
4 | this subsection (d) is a Class 3 felony, for which a | ||||||
5 | sentence of probation or conditional discharge may not be | ||||||
6 | imposed. | ||||||
7 | (3) Any person sentenced under this subsection (d) who | ||||||
8 | receives a term of probation or conditional discharge must | ||||||
9 | serve a minimum term of either 480 hours of community | ||||||
10 | service or 10 days of imprisonment as a condition of the | ||||||
11 | probation or conditional discharge in addition to any other | ||||||
12 | criminal or administrative sanction. | ||||||
13 | (e) Any reference to a prior violation of subsection (a) or | ||||||
14 | a similar provision includes any violation of a provision of a | ||||||
15 | local ordinance or a provision of a law of another state or an | ||||||
16 | offense committed on a military installation that is similar to | ||||||
17 | a violation of subsection (a) of this Section. | ||||||
18 | (f) The imposition of a mandatory term of imprisonment or | ||||||
19 | assignment of community service for a violation of this Section | ||||||
20 | shall not be suspended or reduced by the court. | ||||||
21 | (g) Any penalty imposed for driving with a license that has | ||||||
22 | been revoked for a previous violation of subsection (a) of this | ||||||
23 | Section shall be in addition to the penalty imposed for any | ||||||
24 | subsequent violation of subsection (a). | ||||||
25 | (h) For any prosecution under this Section, a certified | ||||||
26 | copy of the driving abstract of the defendant shall be admitted |
| |||||||
| |||||||
1 | as proof of any prior conviction.
| ||||||
2 | (i) A person sentenced for a violation of this Section who, | ||||||
3 | as a condition of supervision, probation, or conditional | ||||||
4 | discharge is required to be fitted with a continuous alcohol | ||||||
5 | monitoring device as defined by Section 1-111.9a of this Code, | ||||||
6 | must be fitted with the continuous alcohol monitoring device by | ||||||
7 | an in-county provider. | ||||||
8 | (Source: P.A. 95-149, eff. 8-14-07; 95-355, eff. 1-1-08; | ||||||
9 | 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-778, eff. 8-4-08; | ||||||
10 | 95-876, eff. 8-21-08; 96-289, eff. 8-11-09.)
| ||||||
11 | Section 10. The Unified Code of Corrections is amended by | ||||||
12 | changing Section 5-6-1 as follows:
| ||||||
13 | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||||||
14 | Sec. 5-6-1. Sentences of Probation and of Conditional
| ||||||
15 | Discharge and Disposition of Supervision.
The General Assembly | ||||||
16 | finds that in order to protect the public, the
criminal justice | ||||||
17 | system must compel compliance with the conditions of probation
| ||||||
18 | by responding to violations with swift, certain and fair | ||||||
19 | punishments and
intermediate sanctions. The Chief Judge of each | ||||||
20 | circuit shall adopt a system of
structured, intermediate | ||||||
21 | sanctions for violations of the terms and conditions
of a | ||||||
22 | sentence of probation, conditional discharge or disposition of
| ||||||
23 | supervision.
| ||||||
24 | (a) Except where specifically prohibited by other
|
| |||||||
| |||||||
1 | provisions of this Code, the court shall impose a sentence
of | ||||||
2 | probation or conditional discharge upon an offender
unless, | ||||||
3 | having regard to the nature and circumstance of
the offense, | ||||||
4 | and to the history, character and condition
of the offender, | ||||||
5 | the court is of the opinion that:
| ||||||
6 | (1) his imprisonment or periodic imprisonment is | ||||||
7 | necessary
for the protection of the public; or
| ||||||
8 | (2) probation or conditional discharge would deprecate
| ||||||
9 | the seriousness of the offender's conduct and would be
| ||||||
10 | inconsistent with the ends of justice; or
| ||||||
11 | (3) a combination of imprisonment with concurrent or | ||||||
12 | consecutive probation when an offender has been admitted | ||||||
13 | into a drug court program under Section 20 of the Drug | ||||||
14 | Court Treatment Act is necessary for the protection of the | ||||||
15 | public and for the rehabilitation of the offender.
| ||||||
16 | The court shall impose as a condition of a sentence of | ||||||
17 | probation,
conditional discharge, or supervision, that the | ||||||
18 | probation agency may invoke any
sanction from the list of | ||||||
19 | intermediate sanctions adopted by the chief judge of
the | ||||||
20 | circuit court for violations of the terms and conditions of the | ||||||
21 | sentence of
probation, conditional discharge, or supervision, | ||||||
22 | subject to the provisions of
Section 5-6-4 of this Act.
| ||||||
23 | (b) The court may impose a sentence of conditional
| ||||||
24 | discharge for an offense if the court is of the opinion
that | ||||||
25 | neither a sentence of imprisonment nor of periodic
imprisonment | ||||||
26 | nor of probation supervision is appropriate.
|
| |||||||
| |||||||
1 | (b-1) Subsections (a) and (b) of this Section do not apply | ||||||
2 | to a defendant charged with a misdemeanor or felony under the | ||||||
3 | Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||||||
4 | the Criminal Code of 1961 if the defendant within the past 12 | ||||||
5 | months has been convicted of or pleaded guilty to a misdemeanor | ||||||
6 | or felony under the Illinois Vehicle Code or reckless homicide | ||||||
7 | under Section 9-3 of the Criminal Code of 1961. | ||||||
8 | (c) The court may, upon a plea of guilty or a stipulation
| ||||||
9 | by the defendant of the facts supporting the charge or a
| ||||||
10 | finding of guilt, defer further proceedings and the
imposition | ||||||
11 | of a sentence, and enter an order for supervision of the | ||||||
12 | defendant,
if the defendant is not charged with: (i) a Class A | ||||||
13 | misdemeanor, as
defined by the following provisions of the | ||||||
14 | Criminal Code of 1961: Sections
11-9.1; 12-3.2; 11-1.50 or | ||||||
15 | 12-15; 26-5; 31-1; 31-6; 31-7; subsections (b) and (c) of | ||||||
16 | Section
21-1;
paragraph (1) through (5), (8), (10), and (11) of | ||||||
17 | subsection (a) of Section
24-1; (ii) a Class A misdemeanor | ||||||
18 | violation of Section
3.01,
3.03-1, or 4.01 of the Humane Care
| ||||||
19 | for Animals Act; or (iii)
a felony.
If the defendant
is not | ||||||
20 | barred from receiving an order for supervision as provided in | ||||||
21 | this
subsection, the court may enter an order for supervision | ||||||
22 | after considering the
circumstances of the offense, and the | ||||||
23 | history,
character and condition of the offender, if the court | ||||||
24 | is of the opinion
that:
| ||||||
25 | (1) the offender is not likely to commit further | ||||||
26 | crimes;
|
| |||||||
| |||||||
1 | (2) the defendant and the public would be best served | ||||||
2 | if the
defendant were not to receive a criminal record; and
| ||||||
3 | (3) in the best interests of justice an order of | ||||||
4 | supervision
is more appropriate than a sentence otherwise | ||||||
5 | permitted under this Code.
| ||||||
6 | (c-5) Subsections (a), (b), and (c) of this Section do not | ||||||
7 | apply to a defendant charged with a second or subsequent | ||||||
8 | violation of Section 6-303 of the Illinois Vehicle Code | ||||||
9 | committed while his or her driver's license, permit or | ||||||
10 | privileges were revoked because of a violation of Section 9-3 | ||||||
11 | of the Criminal Code of 1961, relating to the offense of | ||||||
12 | reckless homicide, or a similar provision of a law of another | ||||||
13 | state.
| ||||||
14 | (d) The provisions of paragraph (c) shall not apply to a | ||||||
15 | defendant charged
with violating Section 11-501 of the Illinois | ||||||
16 | Vehicle Code or a similar
provision of a local
ordinance when | ||||||
17 | the defendant has previously been:
| ||||||
18 | (1) convicted for a violation of Section 11-501 of
the | ||||||
19 | Illinois Vehicle
Code or a similar provision of a
local | ||||||
20 | ordinance or any similar law or ordinance of another state; | ||||||
21 | or
| ||||||
22 | (2) assigned supervision for a violation of Section | ||||||
23 | 11-501 of the Illinois
Vehicle Code or a similar provision | ||||||
24 | of a local ordinance or any similar law
or ordinance of | ||||||
25 | another state; or
| ||||||
26 | (3) pleaded guilty to or stipulated to the facts |
| |||||||
| |||||||
1 | supporting
a charge or a finding of guilty to a violation | ||||||
2 | of Section 11-503 of the
Illinois Vehicle Code or a similar | ||||||
3 | provision of a local ordinance or any
similar law or | ||||||
4 | ordinance of another state, and the
plea or stipulation was | ||||||
5 | the result of a plea agreement.
| ||||||
6 | The court shall consider the statement of the prosecuting
| ||||||
7 | authority with regard to the standards set forth in this | ||||||
8 | Section.
| ||||||
9 | (e) The provisions of paragraph (c) shall not apply to a | ||||||
10 | defendant
charged with violating Section 16-25 or 16A-3 of the | ||||||
11 | Criminal Code of 1961 if said
defendant has within the last 5 | ||||||
12 | years been:
| ||||||
13 | (1) convicted for a violation of Section 16-25 or 16A-3 | ||||||
14 | of the Criminal Code of
1961; or
| ||||||
15 | (2) assigned supervision for a violation of Section | ||||||
16 | 16-25 or 16A-3 of the Criminal
Code of 1961.
| ||||||
17 | The court shall consider the statement of the prosecuting | ||||||
18 | authority with
regard to the standards set forth in this | ||||||
19 | Section.
| ||||||
20 | (f) The provisions of paragraph (c) shall not apply to a | ||||||
21 | defendant
charged with violating Sections 15-111, 15-112, | ||||||
22 | 15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | ||||||
23 | 11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | ||||||
24 | similar provision of a local ordinance.
| ||||||
25 | (g) Except as otherwise provided in paragraph (i) of this | ||||||
26 | Section, the
provisions of paragraph (c) shall not apply to a
|
| |||||||
| |||||||
1 | defendant charged with violating Section
3-707, 3-708, 3-710, | ||||||
2 | or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||||||
3 | of a local ordinance if the
defendant has within the last 5 | ||||||
4 | years been:
| ||||||
5 | (1) convicted for a violation of Section 3-707, 3-708, | ||||||
6 | 3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||||||
7 | provision of a local
ordinance; or
| ||||||
8 | (2) assigned supervision for a violation of Section | ||||||
9 | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | ||||||
10 | Code or a similar provision of a local
ordinance.
| ||||||
11 | The court shall consider the statement of the prosecuting | ||||||
12 | authority with
regard to the standards set forth in this | ||||||
13 | Section.
| ||||||
14 | (h) The provisions of paragraph (c) shall not apply to a | ||||||
15 | defendant under
the age of 21 years charged with violating a | ||||||
16 | serious traffic offense as defined
in Section 1-187.001 of the | ||||||
17 | Illinois Vehicle Code:
| ||||||
18 | (1) unless the defendant, upon payment of the fines, | ||||||
19 | penalties, and costs
provided by law, agrees to attend and | ||||||
20 | successfully complete a traffic safety
program approved by | ||||||
21 | the court under standards set by the Conference of Chief
| ||||||
22 | Circuit Judges. The accused shall be responsible for | ||||||
23 | payment of any traffic
safety program fees. If the accused | ||||||
24 | fails to file a certificate of
successful completion on or | ||||||
25 | before the termination date of the supervision
order, the | ||||||
26 | supervision shall be summarily revoked and conviction |
| |||||||
| |||||||
1 | entered. The
provisions of Supreme Court Rule 402 relating | ||||||
2 | to pleas of guilty do not apply
in cases when a defendant | ||||||
3 | enters a guilty plea under this provision; or
| ||||||
4 | (2) if the defendant has previously been sentenced | ||||||
5 | under the provisions of
paragraph (c) on or after January | ||||||
6 | 1, 1998 for any serious traffic offense as
defined in | ||||||
7 | Section 1-187.001 of the Illinois Vehicle Code.
| ||||||
8 | (h-1) The provisions of paragraph (c) shall not apply to a | ||||||
9 | defendant under the age of 21 years charged with an offense | ||||||
10 | against traffic regulations governing the movement of vehicles | ||||||
11 | or any violation of Section 6-107 or Section 12-603.1 of the | ||||||
12 | Illinois Vehicle Code, unless the defendant, upon payment of | ||||||
13 | the fines, penalties, and costs provided by law, agrees to | ||||||
14 | attend and successfully complete a traffic safety program | ||||||
15 | approved by the court under standards set by the Conference of | ||||||
16 | Chief Circuit Judges. The accused shall be responsible for | ||||||
17 | payment of any traffic safety program fees. If the accused | ||||||
18 | fails to file a certificate of successful completion on or | ||||||
19 | before the termination date of the supervision order, the | ||||||
20 | supervision shall be summarily revoked and conviction entered. | ||||||
21 | The provisions of Supreme Court Rule 402 relating to pleas of | ||||||
22 | guilty do not apply in cases when a defendant enters a guilty | ||||||
23 | plea under this provision.
| ||||||
24 | (i) The provisions of paragraph (c) shall not apply to a | ||||||
25 | defendant charged
with violating Section 3-707 of the Illinois | ||||||
26 | Vehicle Code or a similar
provision of a local ordinance if the |
| |||||||
| |||||||
1 | defendant has been assigned supervision
for a violation of | ||||||
2 | Section 3-707 of the Illinois Vehicle Code or a similar
| ||||||
3 | provision of a local ordinance.
| ||||||
4 | (j) The provisions of paragraph (c) shall not apply to a
| ||||||
5 | defendant charged with violating
Section 6-303 of the Illinois | ||||||
6 | Vehicle Code or a similar provision of
a local ordinance when | ||||||
7 | the revocation or suspension was for a violation of
Section | ||||||
8 | 11-501 or a similar provision of a local ordinance or a | ||||||
9 | violation of
Section 11-501.1 or paragraph (b) of Section | ||||||
10 | 11-401 of the Illinois Vehicle
Code if the
defendant has within | ||||||
11 | the last 10 years been:
| ||||||
12 | (1) convicted for a violation of Section 6-303 of the | ||||||
13 | Illinois Vehicle
Code or a similar provision of a local | ||||||
14 | ordinance; or
| ||||||
15 | (2) assigned supervision for a violation of Section | ||||||
16 | 6-303 of the Illinois
Vehicle Code or a similar provision | ||||||
17 | of a local ordinance. | ||||||
18 | (k) The provisions of paragraph (c) shall not apply to a
| ||||||
19 | defendant charged with violating
any provision of the Illinois | ||||||
20 | Vehicle Code or a similar provision of a local ordinance that | ||||||
21 | governs the movement of vehicles if, within the 12 months | ||||||
22 | preceding the date of the defendant's arrest, the defendant has | ||||||
23 | been assigned court supervision on 2 occasions for a violation | ||||||
24 | that governs the movement of vehicles under the Illinois | ||||||
25 | Vehicle Code or a similar provision of a local ordinance.
The | ||||||
26 | provisions of this paragraph (k) do not apply to a defendant |
| |||||||
| |||||||
1 | charged with violating Section 11-501 of the Illinois Vehicle | ||||||
2 | Code or a similar provision of a local ordinance.
| ||||||
3 | (l) A defendant charged with violating any provision of the | ||||||
4 | Illinois Vehicle Code or a similar provision of a local | ||||||
5 | ordinance who receives a disposition of supervision under | ||||||
6 | subsection (c) shall pay an additional fee of $29, to be | ||||||
7 | collected as provided in Sections 27.5 and 27.6 of the Clerks | ||||||
8 | of Courts Act. In addition to the $29 fee, the person shall | ||||||
9 | also pay a fee of $6, which, if not waived by the court, shall | ||||||
10 | be collected as provided in Sections 27.5 and 27.6 of the | ||||||
11 | Clerks of Courts Act. The $29 fee shall be disbursed as | ||||||
12 | provided in Section 16-104c of the Illinois Vehicle Code. If | ||||||
13 | the $6 fee is collected, $5.50 of the fee shall be deposited | ||||||
14 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
15 | created by the Clerk of the Circuit Court and 50 cents of the | ||||||
16 | fee shall be deposited into the Prisoner Review Board Vehicle | ||||||
17 | and Equipment Fund in the State treasury.
| ||||||
18 | (m) Any person convicted of, pleading guilty to, or placed | ||||||
19 | on supervision for a serious traffic violation, as defined in | ||||||
20 | Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||||||
21 | Section 11-501 of the Illinois Vehicle Code, or a violation of | ||||||
22 | a similar provision of a local ordinance shall pay an | ||||||
23 | additional fee of $35, to be disbursed as provided in Section | ||||||
24 | 16-104d of that Code. | ||||||
25 | This subsection (m) becomes inoperative 7 years after | ||||||
26 | October 13, 2007 (the effective date of Public Act 95-154).
|
| |||||||
| |||||||
1 | (n)
The provisions of paragraph (c) shall not apply to any | ||||||
2 | person under the age of 18 who commits an offense against | ||||||
3 | traffic regulations governing the movement of vehicles or any | ||||||
4 | violation of Section 6-107 or Section 12-603.1 of the Illinois | ||||||
5 | Vehicle Code, except upon personal appearance of the defendant | ||||||
6 | in court and upon the written consent of the defendant's parent | ||||||
7 | or legal guardian, executed before the presiding judge. The | ||||||
8 | presiding judge shall have the authority to waive this | ||||||
9 | requirement upon the showing of good cause by the defendant.
| ||||||
10 | (o)
The provisions of paragraph (c) shall not apply to a | ||||||
11 | defendant charged with violating Section 6-303 of the Illinois | ||||||
12 | Vehicle Code or a similar provision of a local ordinance when | ||||||
13 | the suspension was for a violation of Section 11-501.1 of the | ||||||
14 | Illinois Vehicle Code and when: | ||||||
15 | (1) at the time of the violation of Section 11-501.1 of | ||||||
16 | the Illinois Vehicle Code, the defendant was a first | ||||||
17 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
18 | Code and the defendant failed to obtain a monitoring device | ||||||
19 | driving permit or be fitted with a continuous alcohol | ||||||
20 | monitoring device ; or | ||||||
21 | (2) at the time of the violation of Section 11-501.1 of | ||||||
22 | the Illinois Vehicle Code, the defendant was a first | ||||||
23 | offender pursuant to Section 11-500 of the Illinois Vehicle | ||||||
24 | Code, had subsequently obtained a monitoring device | ||||||
25 | driving permit, but was driving a vehicle not equipped with | ||||||
26 | a breath alcohol ignition interlock device as defined in |
| |||||||
| |||||||
1 | Section 1-129.1 of the Illinois Vehicle Code or was not | ||||||
2 | fitted with a continuous alcohol monitoring device as | ||||||
3 | defined in Section 1-111.9a of the Illinois Vehicle Code .
| ||||||
4 | (p) The provisions of paragraph (c) shall not apply to a | ||||||
5 | defendant charged with violating subsection (b) of Section | ||||||
6 | 11-601.5 of the Illinois Vehicle Code or a similar provision of | ||||||
7 | a local ordinance. | ||||||
8 | (Source: P.A. 96-253, eff. 8-11-09; 96-286, eff. 8-11-09; | ||||||
9 | 96-328, eff. 8-11-09; 96-625, eff. 1-1-10; 96-1000, eff. | ||||||
10 | 7-2-10; 96-1002, eff. 1-1-11; 96-1175, eff. 9-20-10; 96-1551, | ||||||
11 | eff. 7-1-11; 97-333, eff. 8-12-11; 97-597, eff. 1-1-12.)".
|