Bill Text: IL SB3095 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that if a person is convicted of aggravated driving under the influence on the basis of being involved in an accident that proximately caused the death of a parent or parents of a child or children, the person shall be ordered by the court to pay child support to the child or children. Includes provisions governing the amount and duration of the support obligation, enforcement, and collection.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-30 - Chief Sponsor Changed to Sen. Don Harmon [SB3095 Detail]

Download: Illinois-2021-SB3095-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3095 Introduced 1/11/2022, by Sen. John Connor SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
Amends the Illinois Vehicle Code. Provides that if a person is convicted of aggravated driving under the influence on the basis of being involved in an accident that proximately caused the death of a parent or parents of a child or children, the person shall be ordered by the court to pay child support to the child or children. Includes provisions governing the amount and duration of the support obligation, enforcement, and collection.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 11-501 as follows:
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood,
other bodily substance, or breath is 0.08 or more based on
the definition of blood and breath units in Section
11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound
or combination of intoxicating compounds to a degree that
renders the person incapable of driving safely;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(5) under the combined influence of alcohol, other

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drug or drugs, or intoxicating compound or compounds to a
degree that renders the person incapable of safely
driving;
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of a controlled substance listed in the
Illinois Controlled Substances Act, an intoxicating
compound listed in the Use of Intoxicating Compounds Act,
or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act; or
(7) the person has, within 2 hours of driving or being
in actual physical control of a vehicle, a
tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance as defined in paragraph 6
of subsection (a) of Section 11-501.2 of this Code.
Subject to all other requirements and provisions under
this Section, this paragraph (7) does not apply to the
lawful consumption of cannabis by a qualifying patient
licensed under the Compassionate Use of Medical Cannabis
Program Act who is in possession of a valid registry card
issued under that Act, unless that person is impaired by
the use of cannabis.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol,
cannabis under the Compassionate Use of Medical Cannabis

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Program Act, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof, shall not constitute a
defense against any charge of violating this Section.
(c) Penalties.
(1) Except as otherwise provided in this Section, any
person convicted of violating subsection (a) of this
Section is guilty of a Class A misdemeanor.
(2) A person who violates subsection (a) or a similar
provision a second time shall be sentenced to a mandatory
minimum term of either 5 days of imprisonment or 240 hours
of community service in addition to any other criminal or
administrative sanction.
(3) A person who violates subsection (a) is subject to
6 months of imprisonment, an additional mandatory minimum
fine of $1,000, and 25 days of community service in a
program benefiting children if the person was transporting
a person under the age of 16 at the time of the violation.
(4) A person who violates subsection (a) a first time,
if the alcohol concentration in his or her blood, breath,
other bodily substance, or urine was 0.16 or more based on
the definition of blood, breath, other bodily substance,
or urine units in Section 11-501.2, shall be subject, in
addition to any other penalty that may be imposed, to a
mandatory minimum of 100 hours of community service and a
mandatory minimum fine of $500.
(5) A person who violates subsection (a) a second

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time, if at the time of the second violation the alcohol
concentration in his or her blood, breath, other bodily
substance, or urine was 0.16 or more based on the
definition of blood, breath, other bodily substance, or
urine units in Section 11-501.2, shall be subject, in
addition to any other penalty that may be imposed, to a
mandatory minimum of 2 days of imprisonment and a
mandatory minimum fine of $1,250.
(d) Aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof.
(1) Every person convicted of committing a violation
of this Section shall be guilty of aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof if:
(A) the person committed a violation of subsection
(a) or a similar provision for the third or subsequent
time;
(B) the person committed a violation of subsection
(a) while driving a school bus with one or more
passengers on board;
(C) the person in committing a violation of
subsection (a) was involved in a motor vehicle
accident that resulted in great bodily harm or
permanent disability or disfigurement to another, when

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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,

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when the violation of subsection (a) was a proximate
cause of the death;
(G) the person committed a violation of subsection
(a) during a period in which the defendant's driving
privileges are revoked or suspended, where the
revocation or suspension was for a violation of
subsection (a) or a similar provision, Section
11-501.1, paragraph (b) of Section 11-401, or for
reckless homicide as defined in Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(H) the person committed the violation while he or
she did not possess a driver's license or permit or a
restricted driving permit or a judicial driving permit
or a monitoring device driving permit;
(I) the person committed the violation while he or
she knew or should have known that the vehicle he or
she was driving was not covered by a liability
insurance policy;
(J) the person in committing a violation of
subsection (a) was involved in a motor vehicle
accident that resulted in bodily harm, but not great
bodily harm, to the child under the age of 16 being
transported by the person, if the violation was the
proximate cause of the injury;
(K) the person in committing a second violation of
subsection (a) or a similar provision was transporting

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a person under the age of 16; or
(L) the person committed a violation of subsection
(a) of this Section while transporting one or more
passengers in a vehicle for-hire.
(2)(A) Except as provided otherwise, a person
convicted of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof is guilty of a Class
4 felony.
(B) A third violation of this Section or a similar
provision is a Class 2 felony. If at the time of the third
violation the alcohol concentration in his or her blood,
breath, other bodily substance, or urine was 0.16 or more
based on the definition of blood, breath, other bodily
substance, or urine units in Section 11-501.2, a mandatory
minimum of 90 days of imprisonment and a mandatory minimum
fine of $2,500 shall be imposed in addition to any other
criminal or administrative sanction. If at the time of the
third violation, the defendant was transporting a person
under the age of 16, a mandatory fine of $25,000 and 25
days of community service in a program benefiting children
shall be imposed in addition to any other criminal or
administrative sanction.
(C) A fourth violation of this Section or a similar
provision is a Class 2 felony, for which a sentence of
probation or conditional discharge may not be imposed. If

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at the time of the violation, the alcohol concentration in
the defendant's blood, breath, other bodily substance, or
urine was 0.16 or more based on the definition of blood,
breath, other bodily substance, or urine units in Section
11-501.2, a mandatory minimum fine of $5,000 shall be
imposed in addition to any other criminal or
administrative sanction. If at the time of the fourth
violation, the defendant was transporting a person under
the age of 16 a mandatory fine of $25,000 and 25 days of
community service in a program benefiting children shall
be imposed in addition to any other criminal or
administrative sanction.
(D) A fifth violation of this Section or a similar
provision is a Class 1 felony, for which a sentence of
probation or conditional discharge may not be imposed. If
at the time of the violation, the alcohol concentration in
the defendant's blood, breath, other bodily substance, or
urine was 0.16 or more based on the definition of blood,
breath, other bodily substance, or urine units in Section
11-501.2, a mandatory minimum fine of $5,000 shall be
imposed in addition to any other criminal or
administrative sanction. If at the time of the fifth
violation, the defendant was transporting a person under
the age of 16, a mandatory fine of $25,000, and 25 days of
community service in a program benefiting children shall
be imposed in addition to any other criminal or

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administrative sanction.
(E) A sixth or subsequent violation of this Section or
similar provision is a Class X felony. If at the time of
the violation, the alcohol concentration in the
defendant's blood, breath, other bodily substance, or
urine was 0.16 or more based on the definition of blood,
breath, other bodily substance, or urine units in Section
11-501.2, a mandatory minimum fine of $5,000 shall be
imposed in addition to any other criminal or
administrative sanction. If at the time of the violation,
the defendant was transporting a person under the age of
16, a mandatory fine of $25,000 and 25 days of community
service in a program benefiting children shall be imposed
in addition to any other criminal or administrative
sanction.
(F) For a violation of subparagraph (C) of paragraph
(1) of this subsection (d), the defendant, if sentenced to
a term of imprisonment, shall be sentenced to not less
than one year nor more than 12 years.
(G) A violation of subparagraph (F) of paragraph (1)
of this subsection (d) is a Class 2 felony, for which the
defendant, unless the court determines that extraordinary
circumstances exist and require probation, shall be
sentenced to: (i) a term of imprisonment of not less than 3
years and not more than 14 years if the violation resulted
in the death of one person; or (ii) a term of imprisonment

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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.
(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

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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 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.
(i)(1) If a person is convicted under subparagraph (F) of
paragraph (1) of subsection (d) of this Section, and the
violation caused the death of a parent or parents of a child or
children, the person shall be ordered by the court to pay child
support to the child or children until the child or children
reach 18 years of age; except that, if the child or children
reach 18 years of age and are enrolled in and attending a
secondary school program of instruction, support shall
continue, if the child or children continue to attend and

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progress toward completion of such program, until the child or
children complete such program or reach 21 years of age,
whichever occurs first.
(2) The court shall order the person convicted under
subparagraph (F) of paragraph (1) of subsection (d) of this
Section of causing the death of a parent or parents of a child
or children to pay support in an amount determined after
considering all relevant factors under Section 505 of the
Illinois Marriage and Dissolution of Marriage Act, and also:
(A) the financial needs and resources of the child or
children;
(B) the financial resources and needs of the surviving
parent or, if no other parent is alive or capable of caring
for the child or children, the guardian of the child or
children, including the State if the State is the
guardian;
(C) the standard of living the child or children would
have enjoyed;
(D) the physical and emotional condition of the child
or children and the child's or children's educational
needs;
(E) the child's or children's physical and legal
custody arrangements; and
(F) the reasonable work-related child care expenses of
the surviving parent or guardian.
(3) The court shall order that child support payments be

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made to the circuit clerk as trustee for remittance to the
surviving parent or guardian entitled to receive the payments.
The circuit clerk shall remit such payments to the surviving
parent or guardian within 3 working days of receipt by the
circuit clerk. Circuit clerks shall deposit all receipts no
later than the next working day after receipt.
(4) As an alternative to paragraph (3) of this subsection,
the court may, upon its own motion, order that support
payments be made to the State Disbursement Unit established
under Section 507.1 of the Illinois Marriage and Dissolution
of Marriage Act as trustee for remittance to the surviving
parent or guardian. However, the court shall not order
payments to be made to the payment center if the family support
division notifies the court that such payments shall not be
made to the center. In such cases, payments shall be made to
the clerk trustee until the division notifies the court that
payments shall be directed to the disbursement unit.
(5) A support order under this subsection is subject to
the Income Withholding for Support Act.
(6) If a person ordered to pay child support under this
subsection is incarcerated and unable to pay the required
support, the person shall have up to one year after the release
from incarceration to begin payment, including any arrearage.
If any obligation under this subsection is to terminate as
provided under paragraph (1) but the person's obligation is
not paid in full, payments shall continue until the entire

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arrearage is paid.
(7) If the surviving parent or guardian of the child or
children brings a civil action against the person convicted of
driving while intoxicated prior to any child support order
under this subsection and the surviving parent or guardian
obtains a judgment in the surviving parent's or guardian's
favor in the civil suit, no support shall be ordered under this
subsection.
(8) If the court orders child support under this
subsection and the surviving parent or guardian brings a civil
action subsequently and obtains a judgment in the surviving
parent's or guardian's favor, the child support order shall
offset the judgment awarded in the civil action.
(Source: P.A. 101-363, eff. 8-9-19.)