Bill Text: IL SB1989 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in the Section concerning driving under the influence of alcohol, other drugs, or intoxicating compounds. Amends the Criminal Code of 1961. Makes a technical change in the Section concerning involuntary manslaughter and reckless homicide.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-02-20 - Referred to Assignments [SB1989 Detail]

Download: Illinois-2009-SB1989-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB1989 Introduced 2/20/2009, by Sen. Michael Noland SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
720 ILCS 5/9-3 from Ch. 38, par. 9-3
Amends the Illinois Vehicle Code. Makes a technical change in the Section concerning driving under the influence of alcohol, other drugs, or intoxicating compounds. Amends the Criminal Code of 1961. Makes a technical change in the Section concerning involuntary manslaughter and reckless homicide.
LRB096 11382 RLC 21846 b
A BILL FOR
SB1989 LRB096 11382 RLC 21846 b
AN ACT concerning criminal offenses.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Section 11-501 as follows:
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof.
(a) A person shall not drive or be 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

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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

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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

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(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 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) for a second time and has been previously convicted
of violating Section 9-3 of the Criminal Code of 1961
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

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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;
(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

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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.
(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.

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(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

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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

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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.
(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

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local ordinance or a provision of a law of another state or an
offense committed on a military installation that is similar to
a violation of subsection (a) of this Section.
(f) The imposition of a mandatory term of imprisonment or
assignment of community service for a violation of this Section
shall not be suspended or reduced by the court.
(g) Any penalty imposed for driving with a license that has
been revoked for a previous violation of subsection (a) of this
Section shall be in addition to the penalty imposed for any
subsequent violation of subsection (a).
(h) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be admitted
as proof of any prior conviction.
(Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114,
eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609,
eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07;
95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08;
95-778, eff. 8-4-08; 95-876, eff. 8-21-08.)
Section 10. The Criminal Code of 1961 is amended by
changing Section 9-3 as follows:
(720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
(a) A person who who unintentionally kills an individual
without lawful justification commits involuntary manslaughter

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if his acts whether lawful or unlawful which cause the death
are such as are likely to cause death or great bodily harm to
some individual, and he performs them recklessly, except in
cases in which the cause of the death consists of the driving
of a motor vehicle or operating a snowmobile, all-terrain
vehicle, or watercraft, in which case the person commits
reckless homicide. A person commits reckless homicide if he or
she unintentionally kills an individual while driving a vehicle
and using an incline in a roadway, such as a railroad crossing,
bridge approach, or hill, to cause the vehicle to become
airborne.
(b) (Blank).
(c) (Blank).
(d) Sentence.
(1) Involuntary manslaughter is a Class 3 felony.
(2) Reckless homicide is a Class 3 felony.
(e) (Blank).
(e-2) Except as provided in subsection (e-3), in cases
involving reckless homicide in which the offense is committed
upon a public thoroughfare where children pass going to and
from school when a school crossing guard is performing official
duties, the penalty is a Class 2 felony, for which a person, if
sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 3 years and not more than 14 years.
(e-3) In cases involving reckless homicide in which (i) the
offense is committed upon a public thoroughfare where children

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pass going to and from school when a school crossing guard is
performing official duties and (ii) the defendant causes the
deaths of 2 or more persons as part of a single course of
conduct, the penalty is a Class 2 felony, for which a person,
if sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 6 years and not more than 28 years.
(e-5) (Blank).
(e-7) Except as otherwise provided in subsection (e-8), in
cases involving reckless homicide in which the defendant: (1)
was driving in a construction or maintenance zone, as defined
in Section 11-605.1 of the Illinois Vehicle Code, or (2) was
operating a vehicle while failing or refusing to comply with
any lawful order or direction of any authorized police officer
or traffic control aide engaged in traffic control, the penalty
is a Class 2 felony, for which a person, if sentenced to a term
of imprisonment, shall be sentenced to a term of not less than
3 years and not more than 14 years.
(e-8) In cases involving reckless homicide in which the
defendant caused the deaths of 2 or more persons as part of a
single course of conduct and: (1) was driving in a construction
or maintenance zone, as defined in Section 11-605.1 of the
Illinois Vehicle Code, or (2) was operating a vehicle while
failing or refusing to comply with any lawful order or
direction of any authorized police officer or traffic control
aide engaged in traffic control, the penalty is a Class 2
felony, for which a person, if sentenced to a term of

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imprisonment, shall be sentenced to a term of not less than 6
years and not more than 28 years.
(e-9) In cases involving reckless homicide in which the
defendant drove a vehicle and used an incline in a roadway,
such as a railroad crossing, bridge approach, or hill, to cause
the vehicle to become airborne, and caused the deaths of 2 or
more persons as part of a single course of conduct, the penalty
is a Class 2 felony.
(e-10) In cases involving involuntary manslaughter or
reckless homicide resulting in the death of a peace officer
killed in the performance of his or her duties as a peace
officer, the penalty is a Class 2 felony.
(e-11) In cases involving reckless homicide in which the
defendant unintentionally kills an individual while driving in
a posted school zone, as defined in Section 11-605 of the
Illinois Vehicle Code, while children are present or in a
construction or maintenance zone, as defined in Section
11-605.1 of the Illinois Vehicle Code, when construction or
maintenance workers are present the trier of fact may infer
that the defendant's actions were performed recklessly where he
or she was also either driving at a speed of more than 20 miles
per hour in excess of the posted speed limit or violating
Section 11-501 of the Illinois Vehicle Code.
(e-12) Except as otherwise provided in subsection (e-13),
in cases involving reckless homicide in which the offense was
committed as result of a violation of subsection (c) of Section

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11-907 of the Illinois Vehicle Code, the penalty is a Class 2
felony, for which a person, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 3
years and not more than 14 years.
(e-13) In cases involving reckless homicide in which the
offense was committed as result of a violation of subsection
(c) of Section 11-907 of the Illinois Vehicle Code and the
defendant caused the deaths of 2 or more persons as part of a
single course of conduct, the penalty is a Class 2 felony, for
which a person, if sentenced to a term of imprisonment, shall
be sentenced to a term of not less than 6 years and not more
than 28 years.
(e-14) (e-12) In cases involving reckless homicide in which
the defendant unintentionally kills an individual, the trier of
fact may infer that the defendant's actions were performed
recklessly where he or she was also violating subsection (c) of
Section 11-907 of the Illinois Vehicle Code. The penalty for a
reckless homicide in which the driver also violated subsection
(c) of Section 11-907 of the Illinois Vehicle Code is a Class 2
felony, for which a person, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 3
years and not more than 14 years.
(f) In cases involving involuntary manslaughter in which
the victim was a family or household member as defined in
paragraph (3) of Section 112A-3 of the Code of Criminal
Procedure of 1963, the penalty shall be a Class 2 felony, for

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which a person if sentenced to a term of imprisonment, shall be
sentenced to a term of not less than 3 years and not more than
14 years.
(Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587,
eff. 6-1-08; 95-591, eff. 9-10-07; 95-803, eff. 1-1-09; 95-876,
eff. 8-21-08; 95-884, eff. 1-1-09; revised 12-9-08.)