|
| Public Act 098-0573
|
| SB1764 Enrolled | LRB098 04205 MLW 34230 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 |
Sections 6-303 and 11-501 as follows:
|
(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
|
Sec. 6-303. Driving while driver's license, permit or |
privilege to
operate a motor vehicle is suspended or revoked.
|
(a) Except as otherwise provided in subsection (a-5), any |
person who drives or is in actual physical control of a motor
|
vehicle on any highway of this State at a time when such |
person's driver's
license, permit or privilege to do so or the |
privilege to obtain a driver's
license or permit is revoked or |
suspended as provided by this Code or the law
of another state, |
except as may be specifically allowed by a judicial driving
|
permit issued prior to January 1, 2009, monitoring device |
driving permit, family financial responsibility driving |
permit, probationary
license to drive, or a restricted driving |
permit issued pursuant to this Code
or under the law of another |
state, shall be guilty of a Class A misdemeanor.
|
(a-5) Any person who violates this Section as provided in |
subsection (a) while his or her driver's license, permit or |
privilege is revoked because of a violation of Section 9-3 of |
|
the Criminal Code of 1961 or the Criminal Code of 2012, |
relating to the offense of reckless homicide or a similar |
provision of a law of another state, is guilty of a Class 4 |
felony. The person shall be required to undergo a professional |
evaluation, as provided in Section 11-501 of this Code, to |
determine if an alcohol, drug, or intoxicating compound problem |
exists and the extent of the problem, and to undergo the |
imposition of treatment as appropriate.
|
(a-10) A person's driver's license, permit, or privilege to |
obtain a driver's license or permit may be subject to multiple |
revocations, multiple suspensions, or any combination of both |
simultaneously. No revocation or suspension shall serve to |
negate, invalidate, cancel, postpone, or in any way lessen the |
effect of any other revocation or suspension entered prior or |
subsequent to any other revocation or suspension. |
(b) (Blank). |
(b-1) Upon receiving a report of the conviction of any |
violation indicating a person was operating a motor vehicle |
during the time when the person's driver's license, permit or |
privilege was suspended by the Secretary of State or the |
driver's licensing administrator of another state, except as |
specifically allowed by a probationary license, judicial |
driving permit, restricted driving permit or monitoring device |
driving permit the Secretary shall extend the suspension for |
the same period of time as the originally imposed suspension |
unless the suspension has already expired, in which case the |
|
Secretary shall be authorized to suspend the person's driving |
privileges for the same period of time as the originally |
imposed suspension. |
(b-2) Except as provided in subsection (b-6), upon |
receiving a report of the conviction of any violation |
indicating a person was operating a motor vehicle when the |
person's driver's license, permit or privilege was revoked by |
the Secretary of State or the driver's license administrator of |
any other state, except as specifically allowed by a restricted |
driving permit issued pursuant to this Code or the law of |
another state, the Secretary shall not issue a driver's license |
for an additional period of one year from the date of such |
conviction indicating such person was operating a vehicle |
during such period of revocation. |
(b-3) (Blank).
|
(b-4) When the Secretary of State receives a report of a |
conviction of any violation indicating a person was operating a |
motor vehicle that was not equipped with an ignition interlock |
device during a time when the person was prohibited from |
operating a motor vehicle not equipped with such a device, the |
Secretary shall not issue a driver's license to that person for |
an additional period of one year from the date of the |
conviction.
|
(b-5) Any person convicted of violating this Section shall |
serve a minimum
term of imprisonment of 30 consecutive days or |
300
hours of community service
when the person's driving |
|
privilege was revoked or suspended as a result of a violation |
of Section 9-3 of the Criminal Code of 1961 or the Criminal |
Code of 2012,
relating to the offense of reckless homicide, or |
a similar provision of a law of another state.
|
(b-6) Upon receiving a report of a first conviction of |
operating a motor vehicle while the person's driver's license, |
permit or privilege was revoked where the revocation was for a |
violation of Section 9-3 of the Criminal Code of 1961 or the |
Criminal Code of 2012 relating to the offense of reckless |
homicide or a similar out-of-state offense, the Secretary shall |
not issue a driver's license for an additional period of three |
years from the date of such conviction. |
(c) Except as provided in subsections (c-3) and (c-4), any |
person convicted of violating this Section shall serve a |
minimum
term of imprisonment of 10 consecutive days or 30
days |
of community service
when the person's driving privilege was |
revoked or suspended as a result of:
|
(1) a violation of Section 11-501 of this Code or a |
similar provision
of a local ordinance relating to the |
offense of operating or being in physical
control of a |
vehicle while under the influence of alcohol, any other |
drug
or any combination thereof; or
|
(2) a violation of paragraph (b) of Section 11-401 of |
this Code or a
similar provision of a local ordinance |
relating to the offense of leaving the
scene of a motor |
vehicle accident involving personal injury or death; or
|
|
(3)
a statutory summary suspension or revocation under |
Section 11-501.1 of this
Code.
|
Such sentence of imprisonment or community service shall |
not be subject
to suspension in order to reduce such sentence.
|
(c-1) Except as provided in subsections (c-5) and (d), any |
person convicted of a
second violation of this Section shall be |
ordered by the court to serve a
minimum
of 100 hours of |
community service.
|
(c-2) In addition to other penalties imposed under this |
Section, the
court may impose on any person convicted a fourth |
time of violating this
Section any of
the following:
|
(1) Seizure of the license plates of the person's |
vehicle.
|
(2) Immobilization of the person's vehicle for a period |
of time
to be determined by the court.
|
(c-3) Any person convicted of a violation of this Section |
during a period of summary suspension imposed pursuant to |
Section 11-501.1 when the person was eligible for a MDDP shall |
be guilty of a Class 4 felony and shall serve a minimum term of |
imprisonment of 30 days. |
(c-4) Any person who has been issued a MDDP and who is |
convicted of a violation of this Section as a result of |
operating or being in actual physical control of a motor |
vehicle not equipped with an ignition interlock device at the |
time of the offense shall be guilty of a Class 4 felony and |
shall serve a minimum term of imprisonment of 30 days.
|
|
(c-5) Any person convicted of a second violation of this
|
Section is guilty of a Class 2 felony, is not eligible for |
probation or conditional discharge, and shall serve a mandatory |
term of
imprisonment, if: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked the
revocation or
|
suspension was for a violation of Section 9-3 of the |
Criminal Code of 1961 or the Criminal Code of 2012, |
relating
to the offense of reckless homicide, or a similar |
out-of-state offense; and |
(2) the prior conviction under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 9-3 of the Criminal Code |
of 1961 or the Criminal Code of 2012 relating to the |
offense of reckless homicide, or a similar out-of-state |
offense, or was suspended or revoked for a violation of |
Section 11-401 or 11-501 of this Code, a similar |
out-of-state offense, a similar provision of a local |
ordinance, or a statutory summary suspension or revocation |
under Section 11-501.1 of this Code.
|
(d) Any person convicted of a second violation of this
|
Section shall be guilty of a Class 4 felony and shall serve a |
minimum term of
imprisonment of 30 days or 300 hours of |
community service, as determined by the
court, if: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked the original
|
|
revocation or
suspension was for a violation of Section |
11-401 or 11-501 of this Code,
or a similar out-of-state |
offense, or a similar provision of a local
ordinance, or a
|
statutory summary suspension or revocation under Section |
11-501.1 of this Code; and |
(2) the prior conviction under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 11-401 or 11-501 of this |
Code, a similar out-of-state offense, a similar provision |
of a local ordinance, or a statutory summary suspension or |
revocation under Section 11-501.1 of this Code, or for a |
violation of Section 9-3 of the Criminal Code of 1961 or |
the Criminal Code of 2012, relating to the offense of |
reckless homicide, or a similar out-of-state offense.
|
(d-1) Except as provided in subsections (d-2), (d-2.5), and |
(d-3), any
person convicted of
a third or subsequent violation |
of this Section shall serve a minimum term of
imprisonment of |
30 days or 300 hours of community service, as determined by the
|
court.
|
(d-2) Any person convicted of a third violation of this
|
Section is guilty of a Class 4 felony and must serve a minimum |
term of
imprisonment of 30 days, if: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked the revocation or
|
suspension was for a violation of Section 11-401 or 11-501 |
of this Code,
or a similar out-of-state offense, or a |
|
similar provision of a local
ordinance, or a
statutory |
summary suspension or revocation under Section 11-501.1 of |
this Code; and |
(2) the prior convictions under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 11-401 or 11-501 of this |
Code, a similar out-of-state offense, a similar provision |
of a local ordinance, or a statutory summary suspension or |
revocation under Section 11-501.1 of this Code, or for a |
violation of Section 9-3 of the Criminal Code of 1961 or |
the Criminal Code of 2012, relating to the offense of |
reckless homicide, or a similar out-of-state offense.
|
(d-2.5) Any person convicted of a third violation of this
|
Section is guilty of a Class 1 felony, is not eligible for |
probation or conditional discharge, and must serve a mandatory |
term of
imprisonment, if: |
(1) the current violation occurred while the person's |
driver's license was suspended or revoked the revocation or
|
suspension was for a violation of Section 9-3 of the |
Criminal Code of 1961 or the Criminal Code of 2012, |
relating to the offense of reckless homicide, or a similar |
out-of-state offense.
The person's driving privileges |
shall be revoked for the remainder of the person's life; |
and |
(2) the prior convictions under this Section occurred |
while the person's driver's license was suspended or |
|
revoked for a violation of Section 9-3 of the Criminal Code |
of 1961 or the Criminal Code of 2012, relating to the |
offense of reckless homicide, or a similar out-of-state |
offense, or was suspended or revoked for a violation of |
Section 11-401 or 11-501 of this Code, a similar |
out-of-state offense, a similar provision of a local |
ordinance, or a statutory summary suspension or revocation |
under Section 11-501.1 of this Code. |
(d-3) Any person convicted of a fourth, fifth, sixth, |
seventh, eighth, or ninth violation of this
Section is guilty |
of a Class 4 felony and must serve a minimum term of
|
imprisonment of 180 days, if: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked the revocation or |
suspension was for a
violation of Section 11-401 or 11-501 |
of this Code, or a similar out-of-state
offense, or a |
similar provision of a local ordinance, or a statutory
|
summary suspension or revocation under Section 11-501.1 of |
this Code; and |
(2) the prior convictions under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 11-401 or 11-501 of this |
Code, a similar out-of-state offense, a similar provision |
of a local ordinance, or a statutory summary suspension or |
revocation under Section 11-501.1 of this Code, or for a |
violation of Section 9-3 of the Criminal Code of 1961 or |
|
the Criminal Code of 2012, relating to the offense of |
reckless homicide, or a similar out-of-state offense.
|
(d-3.5) Any person convicted of a fourth or subsequent |
violation of this
Section is guilty of a Class 1 felony, is not |
eligible for probation or conditional discharge, and must serve |
a mandatory term of
imprisonment, and is eligible for an |
extended term, if: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked the revocation or |
suspension was for a
violation of Section 9-3 of the |
Criminal Code of 1961 or the Criminal Code of 2012, |
relating to the offense of reckless homicide, or a similar |
out-of-state offense; and |
(2) the prior convictions under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 9-3 of the Criminal Code |
of 1961 or the Criminal Code of 2012, relating to the |
offense of reckless homicide, or a similar out-of-state |
offense, or was suspended or revoked for a violation of |
Section 11-401 or 11-501 of this Code, a similar |
out-of-state offense, a similar provision of a local |
ordinance, or a statutory summary suspension or revocation |
under Section 11-501.1 of this Code.
|
(d-4) Any person convicted of a tenth, eleventh, twelfth, |
thirteenth, or fourteenth violation of this Section is guilty |
of a Class 3 felony, and is not eligible for probation or |
|
conditional discharge, if: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked the revocation or |
suspension was for a violation of Section 11-401 or 11-501 |
of this Code, or a similar out-of-state offense, or a |
similar provision of a local ordinance, or a statutory |
summary suspension or revocation under Section 11-501.1 of |
this Code; and |
(2) the prior convictions under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 11-401 or 11-501 of this |
Code, a similar out-of-state offense, a similar provision |
of a local ordinance, or a statutory suspension or |
revocation under Section 11-501.1 of this Code, or for a |
violation of Section 9-3 of the Criminal Code of 1961 or |
the Criminal Code of 2012, relating to the offense of |
reckless homicide, or a similar out-of-state offense. |
(d-5) Any person convicted of a fifteenth or subsequent |
violation of this Section is guilty of a Class 2 felony, and is |
not eligible for probation or conditional discharge, if: |
(1) the current violation occurred when the person's |
driver's license was suspended or revoked the revocation or |
suspension was for a violation of Section 11-401 or 11-501 |
of this Code, or a similar out-of-state offense, or a |
similar provision of a local ordinance, or a statutory |
summary suspension or revocation under Section 11-501.1 of |
|
this Code; and |
(2) the prior convictions under this Section occurred |
while the person's driver's license was suspended or |
revoked for a violation of Section 11-401 or 11-501 of this |
Code, a similar out-of-state offense, a similar provision |
of a local ordinance, or a statutory summary suspension or |
revocation under Section 11-501.1 of this Code, or for a |
violation of Section 9-3 of the Criminal Code of 1961 or |
the Criminal Code of 2012, relating to the offense of |
reckless homicide, or a similar out-of-state offense.
|
(e) Any person in violation of this Section who is also in |
violation of
Section 7-601 of this Code relating to mandatory |
insurance requirements, in
addition to other penalties imposed |
under this Section, shall have his or her
motor vehicle |
immediately impounded by the arresting law enforcement |
officer.
The motor vehicle may be released to any licensed |
driver upon a showing of
proof of insurance for the vehicle |
that was impounded and the notarized written
consent for the |
release by the vehicle owner.
|
(f) For any prosecution under this Section, a certified |
copy of the
driving abstract of the defendant shall be admitted |
as proof of any prior
conviction.
|
(g) The motor vehicle used in a violation of this Section |
is subject
to seizure and forfeiture as provided in Sections |
36-1 and 36-2 of the
Criminal Code of 2012 if the person's |
driving privilege was revoked
or suspended as a result of: |
|
(1) a violation of Section 11-501 of this Code, a |
similar provision
of a local ordinance, or a similar |
provision of a law of another state; |
(2) a violation of paragraph (b) of Section 11-401 of |
this Code, a
similar provision of a local ordinance, or a |
similar provision of a law of another state; |
(3) a statutory summary suspension or revocation under |
Section 11-501.1 of this
Code or a similar provision of a |
law of another state; or |
(4) a violation of Section 9-3 of the Criminal Code of |
1961 or the Criminal Code of 2012 relating to the offense |
of reckless homicide, or a similar provision of a law of |
another state.
|
(Source: P.A. 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; |
96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11; 97-984, eff. |
1-1-13; 97-1150, eff. 1-25-13.)
|
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) |
Sec. 11-501. Driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof.
|
(a) A person shall not drive or be in actual physical |
control of any vehicle within this State while: |
(1) the alcohol concentration in the person's blood or |
breath is 0.08 or more based on the definition of blood and |
breath units in Section 11-501.2; |
|
(2) under the influence of alcohol; |
(3) under the influence of any intoxicating compound or |
combination of intoxicating compounds to a degree that |
renders the person incapable of driving safely; |
(4) under the influence of any other drug or |
combination of drugs to a degree that renders the person |
incapable of safely driving; |
(5) under the combined influence of alcohol, other drug |
or drugs, or intoxicating compound or compounds to a degree |
that renders the person incapable of safely driving; or |
(6) there is any amount of a drug, substance, or |
compound in the person's breath, blood, or urine resulting |
from the unlawful use or consumption of cannabis listed in |
the Cannabis Control Act, a controlled substance listed in |
the Illinois Controlled Substances Act, an intoxicating |
compound listed in the Use of Intoxicating Compounds Act, |
or methamphetamine as listed in the Methamphetamine |
Control and Community Protection Act.
|
(b) The fact that any person charged with violating this |
Section is or has been legally entitled to use alcohol, other |
drug or drugs, or intoxicating compound or compounds, or any |
combination thereof, shall not constitute a defense against any |
charge of violating this Section. |
(c) 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, |
or urine was 0.16 or more based on the definition of blood, |
breath, or urine units in Section 11-501.2, shall be |
subject, in addition to any other penalty that may be |
imposed, to a mandatory minimum of 100 hours of community |
service and a mandatory minimum fine of $500. |
(5) A person who violates subsection (a) a second time, |
if at the time of the second violation the alcohol |
concentration in his or her blood, breath, or urine was |
0.16 or more based on the definition of blood, breath, 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 persons 18 years of age or younger on board; |
(C) the person in committing a violation of |
subsection (a) was involved in a motor vehicle accident |
that resulted in great bodily harm or permanent |
disability or disfigurement to another, when the |
violation was a proximate cause of the injuries; |
(D) the person committed a violation of subsection |
(a) and has been previously convicted of violating |
Section 9-3 of the Criminal Code of 1961 or the |
Criminal Code of 2012 or a similar provision of a law |
of another state relating to reckless homicide in which |
the person was determined to have been under the |
influence of alcohol, other drug or drugs, or |
|
intoxicating compound or compounds as an element of the |
offense or the person has previously been convicted |
under subparagraph (C) or subparagraph (F) of this |
paragraph (1); |
(E) the person, in committing a violation of |
subsection (a) while driving at any speed in a school |
speed zone at a time when a speed limit of 20 miles per |
hour was in effect under subsection (a) of Section |
11-605 of this Code, was involved in a motor vehicle |
accident that resulted in bodily harm, other than great |
bodily harm or permanent disability or disfigurement, |
to another person, when the violation of subsection (a) |
was a proximate cause of the bodily harm; |
(F) the person, in committing a violation of |
subsection (a), was involved in a motor vehicle, |
snowmobile, all-terrain vehicle, or watercraft |
accident that resulted in the death of another person, |
when the violation of subsection (a) was a proximate |
cause of the death; |
(G) the person committed a violation of subsection |
(a) during a period in which the defendant's driving |
privileges are revoked or suspended, where the |
revocation or suspension was for a violation of |
subsection (a) or a similar provision, Section |
11-501.1, paragraph (b) of Section 11-401, or for |
reckless homicide as defined in Section 9-3 of the |
|
Criminal Code of 1961 or the Criminal Code of 2012; |
(H) the person committed the violation while he or |
she did not possess a driver's license or permit or a |
restricted driving permit or a judicial driving permit |
or a monitoring device driving permit; |
(I) the person committed the violation while he or |
she knew or should have known that the vehicle he or |
she was driving was not covered by a liability |
insurance policy; |
(J) the person in committing a violation of |
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; or |
(K) the person in committing a second violation of |
subsection (a) or a similar provision was transporting |
a person under the age of 16; or . |
(L) the person committed a violation of subsection |
(a) of this Section while transporting one or more |
passengers in a vehicle for-hire. |
(2)(A) Except as provided otherwise, a person |
convicted of aggravated driving under the influence of |
alcohol, other drug or drugs, or intoxicating compound or |
compounds, or any combination thereof is guilty of a Class |
4 felony. |
|
(B) A third violation of this Section or a similar |
provision is a Class 2 felony. If at the time of the third |
violation the alcohol concentration in his or her blood, |
breath, or urine was 0.16 or more based on the definition |
of blood, breath, 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 |
at the time of the violation, the alcohol concentration in |
the defendant's blood, breath, or urine was 0.16 or more |
based on the definition of blood, breath, 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, or urine was 0.16 or more |
based on the definition of blood, breath, 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 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, or urine was 0.16 or more based |
on the definition of blood, breath, 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 |
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 |
probation or conditional discharge in addition to any other |
criminal or administrative sanction. |
(e) Any reference to a prior violation of subsection (a) or |
a similar provision includes any violation of a provision of a |
local ordinance or a provision of a law of another state or an |
offense committed on a military installation that is similar to |
a violation of subsection (a) of this Section. |
(f) The imposition of a mandatory term of imprisonment or |
assignment of community service for a violation of this Section |
shall not be suspended or reduced by the court. |
(g) Any penalty imposed for driving with a license that has |
been revoked for a previous violation of subsection (a) of this |
Section shall be in addition to the penalty imposed for any |
