Bill Text: IL HB3403 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that the Secretary of State shall require the use of ignition interlock devices for a period not less than 5 years on all vehicles owned by a person who has been convicted of a first (rather than second or subsequent) offense for driving under the influence.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2019-03-29 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3403 Detail]
Download: Illinois-2019-HB3403-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||||||
5 | Sections 6-205, 11-501, and 11-501.01 as follows:
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6 | (625 ILCS 5/6-205)
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7 | Sec. 6-205. Mandatory revocation of license or permit; | |||||||||||||||||||||||
8 | hardship cases.
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9 | (a) Except as provided in this Section, the Secretary of | |||||||||||||||||||||||
10 | State shall
immediately revoke the license, permit, or driving | |||||||||||||||||||||||
11 | privileges of
any driver upon receiving a
report of the | |||||||||||||||||||||||
12 | driver's conviction of any of the following offenses:
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13 | 1. Reckless homicide resulting from the operation of a | |||||||||||||||||||||||
14 | motor vehicle;
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15 | 2. Violation of Section 11-501 of this Code or a | |||||||||||||||||||||||
16 | similar provision of
a local ordinance relating to the | |||||||||||||||||||||||
17 | offense of operating or being in physical
control of a | |||||||||||||||||||||||
18 | vehicle while under the influence of alcohol, other drug or
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19 | drugs, intoxicating compound or compounds, or any | |||||||||||||||||||||||
20 | combination thereof;
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21 | 3. Any felony under the laws of any State or the | |||||||||||||||||||||||
22 | federal government
in the commission of which a motor | |||||||||||||||||||||||
23 | vehicle was used;
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1 | 4. Violation of Section 11-401 of this Code relating to | ||||||
2 | the offense of
leaving the scene of a traffic accident | ||||||
3 | involving death or personal injury;
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4 | 5. Perjury or the making of a false affidavit or | ||||||
5 | statement under
oath to the Secretary of State under this | ||||||
6 | Code or under any
other law relating to the ownership or | ||||||
7 | operation of motor vehicles;
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8 | 6. Conviction upon 3 charges of violation of Section | ||||||
9 | 11-503 of this
Code relating to the offense of reckless | ||||||
10 | driving committed within a
period of 12 months;
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11 | 7. Conviction of any offense
defined in
Section 4-102 | ||||||
12 | of this Code;
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13 | 8. Violation of Section 11-504 of this Code relating to | ||||||
14 | the offense
of drag racing;
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15 | 9. Violation of Chapters 8 and 9 of this Code;
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16 | 10. Violation of Section 12-5 of the Criminal Code of | ||||||
17 | 1961 or the Criminal Code of 2012 arising from
the use of a | ||||||
18 | motor vehicle;
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19 | 11. Violation of Section 11-204.1 of this Code relating | ||||||
20 | to aggravated
fleeing or attempting to elude a peace | ||||||
21 | officer;
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22 | 12. Violation of paragraph (1) of subsection (b) of | ||||||
23 | Section 6-507,
or a similar law of any other state, | ||||||
24 | relating to the
unlawful operation of a commercial motor | ||||||
25 | vehicle;
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26 | 13. Violation of paragraph (a) of Section 11-502 of |
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1 | this Code or a
similar provision of a local ordinance if | ||||||
2 | the driver has been previously
convicted of a violation of | ||||||
3 | that Section or a similar provision of a local
ordinance | ||||||
4 | and the driver was less than 21 years of age at the time of | ||||||
5 | the
offense;
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6 | 14. Violation of paragraph (a) of Section 11-506 of | ||||||
7 | this Code or a similar provision of a local ordinance | ||||||
8 | relating to the offense of street racing;
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9 | 15. A second or subsequent conviction of driving while | ||||||
10 | the person's driver's license, permit or privileges was | ||||||
11 | revoked for reckless homicide or a similar out-of-state | ||||||
12 | offense; | ||||||
13 | 16. Any offense against any provision in this Code, or | ||||||
14 | any local ordinance, regulating the
movement of traffic | ||||||
15 | when that offense was the proximate cause of the death of | ||||||
16 | any person. Any person whose driving privileges have been | ||||||
17 | revoked pursuant to this paragraph may seek to have the | ||||||
18 | revocation terminated or to have the length of revocation | ||||||
19 | reduced by requesting an administrative hearing with the | ||||||
20 | Secretary of State prior to the projected driver's license | ||||||
21 | application eligibility date; | ||||||
22 | 17. Violation of subsection (a-2) of Section 11-1301.3 | ||||||
23 | of this Code or a similar provision of a local ordinance; | ||||||
24 | 18. A second or subsequent conviction of illegal | ||||||
25 | possession, while operating or in actual physical control, | ||||||
26 | as a driver, of a motor vehicle, of any controlled |
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1 | substance prohibited under the Illinois Controlled | ||||||
2 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
3 | Control Act, or any methamphetamine prohibited under the | ||||||
4 | Methamphetamine Control and Community Protection Act. A | ||||||
5 | defendant found guilty of this offense while operating a | ||||||
6 | motor vehicle
shall have an entry made in the court record | ||||||
7 | by the presiding judge that
this offense did occur while | ||||||
8 | the defendant was operating a motor vehicle
and order the | ||||||
9 | clerk of the court to report the violation to the Secretary
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10 | of State; | ||||||
11 | 19. Violation of subsection (a) of Section 11-1414 of | ||||||
12 | this Code, or a similar provision of a local ordinance, | ||||||
13 | relating to the offense of overtaking or passing of a | ||||||
14 | school bus when the driver, in committing the violation, is | ||||||
15 | involved in a motor vehicle accident that results in death | ||||||
16 | to another and the violation is a proximate cause of the | ||||||
17 | death. | ||||||
18 | (b) The Secretary of State shall also immediately revoke | ||||||
19 | the license
or permit of any driver in the following | ||||||
20 | situations:
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21 | 1. Of any minor upon receiving the notice provided for | ||||||
22 | in Section
5-901 of the Juvenile Court Act of 1987 that the | ||||||
23 | minor has been
adjudicated under that Act as having | ||||||
24 | committed an offense relating to
motor vehicles prescribed | ||||||
25 | in Section 4-103 of this Code;
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26 | 2. Of any person when any other law of this State |
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1 | requires either the
revocation or suspension of a license | ||||||
2 | or permit;
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3 | 3. Of any person adjudicated under the Juvenile Court | ||||||
4 | Act of 1987 based on an offense determined to have been | ||||||
5 | committed in furtherance of the criminal activities of an | ||||||
6 | organized gang as provided in Section 5-710 of that Act, | ||||||
7 | and that involved the operation or use of a motor vehicle | ||||||
8 | or the use of a driver's license or permit. The revocation | ||||||
9 | shall remain in effect for the period determined by the | ||||||
10 | court. | ||||||
11 | (c)(1) Whenever a person is convicted of any of the | ||||||
12 | offenses enumerated in
this Section, the court may recommend | ||||||
13 | and the Secretary of State in his
discretion, without regard to | ||||||
14 | whether the recommendation is made by the
court may, upon | ||||||
15 | application,
issue to the person a
restricted driving permit | ||||||
16 | granting the privilege of driving a motor
vehicle between the | ||||||
17 | petitioner's residence and petitioner's place
of employment or | ||||||
18 | within the scope of the petitioner's employment related
duties, | ||||||
19 | or to allow the petitioner to transport himself or herself or a | ||||||
20 | family member
of the petitioner's household to a medical | ||||||
21 | facility for the receipt of necessary medical care or to allow | ||||||
22 | the
petitioner to transport himself or herself to and from | ||||||
23 | alcohol or drug remedial or rehabilitative activity | ||||||
24 | recommended by a licensed service provider, or to allow the
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25 | petitioner to transport himself or herself or a family member | ||||||
26 | of the petitioner's household to classes, as a student, at an |
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1 | accredited educational
institution, or to allow the petitioner | ||||||
2 | to transport children, elderly persons, or persons with | ||||||
3 | disabilities who do not hold driving privileges and are living | ||||||
4 | in the petitioner's household to and from daycare; if the | ||||||
5 | petitioner is able to demonstrate that no alternative means
of | ||||||
6 | transportation is reasonably available and that the petitioner | ||||||
7 | will not endanger
the public safety or welfare; provided that | ||||||
8 | the Secretary's discretion shall be
limited to cases where | ||||||
9 | undue hardship, as defined by the rules of the Secretary of | ||||||
10 | State, would result from a failure to issue the
restricted | ||||||
11 | driving permit.
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12 | (1.5) A person subject to the provisions of paragraph 4 of | ||||||
13 | subsection (b) of Section 6-208 of this Code may make | ||||||
14 | application for a restricted driving permit at a hearing | ||||||
15 | conducted under Section 2-118 of this Code after the expiration | ||||||
16 | of 5 years from the effective date of the most recent | ||||||
17 | revocation, or after 5 years from the date of release from a | ||||||
18 | period of imprisonment resulting from a conviction of the most | ||||||
19 | recent offense, whichever is later, provided the person, in | ||||||
20 | addition to all other requirements of the Secretary, shows by | ||||||
21 | clear and convincing evidence: | ||||||
22 | (A) a minimum of 3 years of uninterrupted abstinence | ||||||
23 | from alcohol and the unlawful use or consumption of | ||||||
24 | cannabis under the Cannabis Control Act, a controlled | ||||||
25 | substance under the Illinois Controlled Substances Act, an | ||||||
26 | intoxicating compound under the Use of Intoxicating |
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1 | Compounds Act, or methamphetamine under the | ||||||
2 | Methamphetamine Control and Community Protection Act; and | ||||||
3 | (B) the successful completion of any rehabilitative | ||||||
4 | treatment and involvement in any ongoing rehabilitative | ||||||
5 | activity that may be recommended by a properly licensed | ||||||
6 | service provider according to an assessment of the person's | ||||||
7 | alcohol or drug use under Section 11-501.01 of this Code. | ||||||
8 | In determining whether an applicant is eligible for a | ||||||
9 | restricted driving permit under this paragraph (1.5), the | ||||||
10 | Secretary may consider any relevant evidence, including, but | ||||||
11 | not limited to, testimony, affidavits, records, and the results | ||||||
12 | of regular alcohol or drug tests. Persons subject to the | ||||||
13 | provisions of paragraph 4 of subsection (b) of Section 6-208 of | ||||||
14 | this Code and who have been convicted of more than one | ||||||
15 | violation of paragraph (3), paragraph (4), or paragraph (5) of | ||||||
16 | subsection (a) of Section 11-501 of this Code shall not be | ||||||
17 | eligible to apply for a restricted driving permit. | ||||||
18 | A restricted driving permit issued under this paragraph | ||||||
19 | (1.5) shall provide that the holder may only operate motor | ||||||
20 | vehicles equipped with an ignition interlock device as required | ||||||
21 | under paragraph (2) of subsection (c) of this Section and | ||||||
22 | subparagraph (A) of paragraph 3 of subsection (c) of Section | ||||||
23 | 6-206 of this Code. The Secretary may revoke a restricted | ||||||
24 | driving permit or amend the conditions of a restricted driving | ||||||
25 | permit issued under this paragraph (1.5) if the holder operates | ||||||
26 | a vehicle that is not equipped with an ignition interlock |
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1 | device, or for any other reason authorized under this Code. | ||||||
2 | A restricted driving permit issued under this paragraph | ||||||
3 | (1.5) shall be revoked, and the holder barred from applying for | ||||||
4 | or being issued a restricted driving permit in the future, if | ||||||
5 | the holder is subsequently convicted of a violation of Section | ||||||
6 | 11-501 of this Code, a similar provision of a local ordinance, | ||||||
7 | or a similar offense in another state. | ||||||
8 | (2) If a person's license or permit is revoked or suspended | ||||||
9 | due to a violation of 2 or
more convictions of violating | ||||||
10 | Section 11-501 of this Code or a similar
provision of a local | ||||||
11 | ordinance or a similar out-of-state offense, or Section 9-3 of | ||||||
12 | the Criminal Code of 1961 or the Criminal Code of 2012, where | ||||||
13 | the use of alcohol or other drugs is recited as an element of | ||||||
14 | the offense, or a similar out-of-state offense, or a | ||||||
15 | combination of these offenses, arising out
of separate | ||||||
16 | occurrences, that person, if issued a restricted driving | ||||||
17 | permit,
may not operate a vehicle unless it has been equipped | ||||||
18 | with an ignition
interlock device as defined in Section | ||||||
19 | 1-129.1.
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20 | (3) If:
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21 | (A) a person's license or permit is revoked or | ||||||
22 | suspended 2 or more
times due to any combination of : | ||||||
23 | (i)
a single conviction of violating Section
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24 | 11-501 of this Code or a similar provision of a local | ||||||
25 | ordinance or a similar
out-of-state offense, or | ||||||
26 | Section 9-3 of the Criminal Code of 1961 or the |
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1 | Criminal Code of 2012, where the use of alcohol or | ||||||
2 | other drugs is recited as an element of the offense, or | ||||||
3 | a similar out-of-state offense; or | ||||||
4 | (ii)
a statutory summary suspension or revocation | ||||||
5 | under Section
11-501.1; or | ||||||
6 | (iii)
a suspension pursuant to Section 6-203.1;
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7 | arising out of
separate occurrences; or | ||||||
8 | (B)
a person has been convicted of one violation of | ||||||
9 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
10 | of Section 11-501 of this Code, Section 9-3 of the Criminal | ||||||
11 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
12 | offense of reckless homicide where the use of alcohol or | ||||||
13 | other drugs was recited as an element of the offense, or a | ||||||
14 | similar provision of a law of another state;
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15 | that person, if issued a restricted
driving permit, may not | ||||||
16 | operate a vehicle unless it has been equipped with an
ignition | ||||||
17 | interlock device as defined in Section 1-129.1. | ||||||
18 | (4)
The person issued a permit conditioned on the use of an | ||||||
19 | ignition interlock device must pay to the Secretary of State | ||||||
20 | DUI Administration Fund an amount
not to exceed $30 per month. | ||||||
21 | The Secretary shall establish by rule the amount
and the | ||||||
22 | procedures, terms, and conditions relating to these fees. | ||||||
23 | (5)
If the restricted driving permit is issued for | ||||||
24 | employment purposes, then
the prohibition against operating a | ||||||
25 | motor vehicle that is not equipped with an ignition interlock | ||||||
26 | device does not apply to the operation of an occupational |
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1 | vehicle
owned or leased by that person's employer when used | ||||||
2 | solely for employment purposes. For any person who, within a | ||||||
3 | 5-year period, is convicted of a second or subsequent offense | ||||||
4 | under Section 11-501 of this Code, or a similar provision of a | ||||||
5 | local ordinance or similar out-of-state offense, this | ||||||
6 | employment exemption does not apply until either a one-year | ||||||
7 | period has elapsed during which that person had his or her | ||||||
8 | driving privileges revoked or a one-year period has elapsed | ||||||
9 | during which that person had a restricted driving permit which | ||||||
10 | required the use of an ignition interlock device on every motor | ||||||
11 | vehicle owned or operated by that person. | ||||||
12 | (6)
In each case the Secretary of State may issue a
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13 | restricted driving permit for a period he deems appropriate, | ||||||
14 | except that the
permit shall expire no later than 2 years from | ||||||
15 | the date of issuance. A restricted
driving permit issued under | ||||||
16 | this Section shall be
subject to cancellation, revocation, and | ||||||
17 | suspension by the Secretary of
State in like manner and for | ||||||
18 | like cause as a driver's license issued
under this Code may be | ||||||
19 | cancelled, revoked, or
suspended; except that a conviction upon | ||||||
20 | one or more offenses against laws or
ordinances regulating the | ||||||
21 | movement of traffic shall be deemed sufficient cause
for the | ||||||
22 | revocation, suspension, or cancellation of a restricted | ||||||
23 | driving permit.
The Secretary of State may, as a condition to | ||||||
24 | the issuance of a restricted
driving permit, require the | ||||||
25 | petitioner to participate in a designated driver
remedial or | ||||||
26 | rehabilitative program. The Secretary of State is authorized to
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1 | cancel a restricted driving permit if the permit holder does | ||||||
2 | not successfully
complete the program. However, if an | ||||||
3 | individual's driving privileges have been
revoked in | ||||||
4 | accordance with paragraph 13 of subsection (a) of this Section, | ||||||
5 | no
restricted driving permit shall be issued until the | ||||||
6 | individual has served 6
months of the revocation period.
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7 | (c-5) (Blank).
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8 | (c-6) If a person is convicted of a second violation of | ||||||
9 | operating a motor vehicle while the person's driver's license, | ||||||
10 | permit or privilege was revoked, where the revocation was for a | ||||||
11 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
12 | Criminal Code of 2012 relating to the offense of reckless | ||||||
13 | homicide or a similar out-of-state offense, the person's | ||||||
14 | driving privileges shall be revoked pursuant to subdivision | ||||||
15 | (a)(15) of this Section. The person may not make application | ||||||
16 | for a license or permit until the expiration of five years from | ||||||
17 | the effective date of the revocation or the expiration of five | ||||||
18 | years from the date of release from a term of imprisonment, | ||||||
19 | whichever is later. | ||||||
20 | (c-7) If a person is convicted of a third or subsequent | ||||||
21 | violation of operating a motor vehicle while the person's | ||||||
22 | driver's license, permit or privilege was revoked, where the | ||||||
23 | revocation was for a violation of Section 9-3 of the Criminal | ||||||
24 | Code of 1961 or the Criminal Code of 2012 relating to the | ||||||
25 | offense of reckless homicide or a similar out-of-state offense, | ||||||
26 | the person may never apply for a license or permit. |
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1 | (d)(1) Whenever a person under the age of 21 is convicted | ||||||
2 | under Section
11-501 of this Code or a similar provision of a | ||||||
3 | local ordinance or a similar out-of-state offense, the
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4 | Secretary of State shall revoke the driving privileges of that | ||||||
5 | person. One
year after the date of revocation, and upon | ||||||
6 | application, the Secretary of
State may, if satisfied that the | ||||||
7 | person applying will not endanger the
public safety or welfare, | ||||||
8 | issue a restricted driving permit granting the
privilege of | ||||||
9 | driving a motor vehicle only between the hours of 5 a.m. and 9
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10 | p.m. or as otherwise provided by this Section for a period of | ||||||
11 | one year.
After this one-year period, and upon reapplication | ||||||
12 | for a license as
provided in Section 6-106, upon payment of the | ||||||
13 | appropriate reinstatement
fee provided under paragraph (b) of | ||||||
14 | Section 6-118, the Secretary of State,
in his discretion, may
| ||||||
15 | reinstate the petitioner's driver's license and driving | ||||||
16 | privileges, or extend the restricted driving permit as many | ||||||
17 | times as the
Secretary of State deems appropriate, by | ||||||
18 | additional periods of not more than
24 months each.
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19 | (2) If a person's license or permit is revoked or | ||||||
20 | suspended due to 2 or
more convictions of violating Section | ||||||
21 | 11-501 of this Code or a similar
provision of a local | ||||||
22 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
23 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
24 | where the use of alcohol or other drugs is recited as an | ||||||
25 | element of the offense, or a similar out-of-state offense, | ||||||
26 | or a combination of these offenses, arising out
of separate |
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1 | occurrences, that person, if issued a restricted driving | ||||||
2 | permit,
may not operate a vehicle unless it has been | ||||||
3 | equipped with an ignition
interlock device as defined in | ||||||
4 | Section 1-129.1.
| ||||||
5 | (3) If a person's license or permit is revoked or | ||||||
6 | suspended 2 or more times
due to any combination of: | ||||||
7 | (A) a single conviction of violating Section | ||||||
8 | 11-501
of this
Code or a similar provision of a local | ||||||
9 | ordinance or a similar out-of-state
offense, or | ||||||
10 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012, where the use of alcohol or | ||||||
12 | other drugs is recited as an element of the offense, or | ||||||
13 | a similar out-of-state offense; or | ||||||
14 | (B)
a statutory summary suspension or revocation | ||||||
15 | under Section 11-501.1; or | ||||||
16 | (C) a suspension pursuant to Section 6-203.1; | ||||||
17 | arising out of separate occurrences, that person, if issued | ||||||
18 | a
restricted
driving permit, may not operate a vehicle | ||||||
19 | unless it has been equipped with an
ignition interlock | ||||||
20 | device as defined in Section 1-129.1. | ||||||
21 | (3.5) If a person's license or permit is revoked or | ||||||
22 | suspended due to a conviction for a violation of | ||||||
23 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
24 | of Section 11-501 of this Code, or a similar provision of a | ||||||
25 | local ordinance or similar out-of-state offense, that | ||||||
26 | person, if issued a restricted driving permit, may not |
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| |||||||
1 | operate a vehicle unless it has been equipped with an | ||||||
2 | ignition interlock device as defined in Section 1-129.1. | ||||||
3 | (4)
The person issued a permit conditioned upon the use | ||||||
4 | of an interlock device must pay to the Secretary of State | ||||||
5 | DUI Administration Fund an amount
not to exceed $30 per | ||||||
6 | month. The Secretary shall establish by rule the amount
and | ||||||
7 | the procedures, terms, and conditions relating to these | ||||||
8 | fees. | ||||||
9 | (5)
If the restricted driving permit is issued for | ||||||
10 | employment purposes, then
the prohibition against driving | ||||||
11 | a vehicle that is not equipped with an ignition interlock | ||||||
12 | device does not apply to the operation of an occupational | ||||||
13 | vehicle
owned or leased by that person's employer when used | ||||||
14 | solely for employment purposes. For any person who, within | ||||||
15 | a 5-year period, is convicted of a second or subsequent | ||||||
16 | offense under Section 11-501 of this Code, or a similar | ||||||
17 | provision of a local ordinance or similar out-of-state | ||||||
18 | offense, this employment exemption does not apply until | ||||||
19 | either a one-year period has elapsed during which that | ||||||
20 | person had his or her driving privileges revoked or a | ||||||
21 | one-year period has elapsed during which that person had a | ||||||
22 | restricted driving permit which required the use of an | ||||||
23 | ignition interlock device on every motor vehicle owned or | ||||||
24 | operated by that person. | ||||||
25 | (6) A
restricted driving permit issued under this | ||||||
26 | Section shall be subject to
cancellation, revocation, and |
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| |||||||
1 | suspension by the Secretary of State in like
manner and for | ||||||
2 | like cause as a driver's license issued under this Code may | ||||||
3 | be
cancelled, revoked, or suspended; except that a | ||||||
4 | conviction upon one or more
offenses against laws or | ||||||
5 | ordinances regulating the movement of traffic
shall be | ||||||
6 | deemed sufficient cause for the revocation, suspension, or
| ||||||
7 | cancellation of a restricted driving permit.
| ||||||
8 | (d-5) The revocation of the license, permit, or driving | ||||||
9 | privileges of a person convicted of a third or subsequent | ||||||
10 | violation of Section 6-303 of this Code committed while his or | ||||||
11 | her driver's license, permit, or privilege was revoked because | ||||||
12 | of a violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
13 | the Criminal Code of 2012, relating to the offense of reckless | ||||||
14 | homicide, or a similar provision of a law of another state, is | ||||||
15 | permanent. The Secretary may not, at any time, issue a license | ||||||
16 | or permit to that person.
| ||||||
17 | (e) This Section is subject to the provisions of the Driver | ||||||
18 | License
Compact.
| ||||||
19 | (f) Any revocation imposed upon any person under | ||||||
20 | subsections 2
and 3 of paragraph (b) that is in effect on | ||||||
21 | December 31, 1988 shall be
converted to a suspension for a like | ||||||
22 | period of time.
| ||||||
23 | (g) The Secretary of State shall not issue a restricted | ||||||
24 | driving permit to
a person under the age of 16 years whose | ||||||
25 | driving privileges have been revoked
under any provisions of | ||||||
26 | this Code.
|
| |||||||
| |||||||
1 | (h) The Secretary of State shall require the use of | ||||||
2 | ignition interlock
devices for a period not less than 5 years | ||||||
3 | on all vehicles owned by a person who has been convicted of a
| ||||||
4 | second or subsequent offense under Section 11-501 of this Code | ||||||
5 | or a similar
provision of a local ordinance. The person must | ||||||
6 | pay to the Secretary of State DUI Administration Fund an amount | ||||||
7 | not to exceed $30 for each month that he or she uses the | ||||||
8 | device. The Secretary shall establish by rule and
regulation | ||||||
9 | the procedures for certification and use of the interlock
| ||||||
10 | system, the amount of the fee, and the procedures, terms, and | ||||||
11 | conditions relating to these fees. During the time period in | ||||||
12 | which a person is required to install an ignition interlock | ||||||
13 | device under this subsection (h), that person shall only | ||||||
14 | operate vehicles in which ignition interlock devices have been | ||||||
15 | installed, except as allowed by subdivision (c)(5) or (d)(5) of | ||||||
16 | this Section.
| ||||||
17 | (i) (Blank).
| ||||||
18 | (j) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
19 | State may not issue a restricted driving permit for the | ||||||
20 | operation of a commercial motor vehicle to a person holding a | ||||||
21 | CDL whose driving privileges have been revoked, suspended, | ||||||
22 | cancelled, or disqualified under any provisions of this Code.
| ||||||
23 | (k) The Secretary of State shall notify by mail any person | ||||||
24 | whose driving privileges have been revoked under paragraph 16 | ||||||
25 | of subsection (a) of this Section that his or her driving | ||||||
26 | privileges and driver's license will be revoked 90 days from |
| |||||||
| |||||||
1 | the date of the mailing of the notice. | ||||||
2 | (Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15; | ||||||
3 | 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16; | ||||||
4 | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. 7-28-16; | ||||||
5 | 100-223, eff. 8-18-17; 100-803, eff. 1-1-19 .)
| ||||||
6 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||||||
7 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
8 | other drug or drugs, intoxicating compound or compounds or any | ||||||
9 | combination thereof.
| ||||||
10 | (a) A person shall not drive or be in actual physical | ||||||
11 | control of any vehicle within this State while: | ||||||
12 | (1) the alcohol concentration in the person's blood, | ||||||
13 | other bodily substance, or breath is 0.08 or more based on | ||||||
14 | the definition of blood and breath units in Section | ||||||
15 | 11-501.2; | ||||||
16 | (2) under the influence of alcohol; | ||||||
17 | (3) under the influence of any intoxicating compound or | ||||||
18 | combination of intoxicating compounds to a degree that | ||||||
19 | renders the person incapable of driving safely; | ||||||
20 | (4) under the influence of any other drug or | ||||||
21 | combination of drugs to a degree that renders the person | ||||||
22 | incapable of safely driving; | ||||||
23 | (5) under the combined influence of alcohol, other drug | ||||||
24 | or drugs, or intoxicating compound or compounds to a degree | ||||||
25 | that renders the person incapable of safely driving; |
| |||||||
| |||||||
1 | (6) there is any amount of a drug, substance, or | ||||||
2 | compound in the person's breath, blood, other bodily | ||||||
3 | substance, or urine resulting from the unlawful use or | ||||||
4 | consumption of a controlled substance listed in the | ||||||
5 | Illinois Controlled Substances Act, an intoxicating | ||||||
6 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
7 | or methamphetamine as listed in the Methamphetamine | ||||||
8 | Control and Community Protection Act; or | ||||||
9 | (7) the person has, within 2 hours of driving or being | ||||||
10 | in actual physical control of a vehicle, a | ||||||
11 | tetrahydrocannabinol concentration in the person's whole | ||||||
12 | blood or other bodily substance as defined in paragraph 6 | ||||||
13 | of subsection (a) of Section 11-501.2 of this Code.
Subject | ||||||
14 | to all other requirements and provisions under this | ||||||
15 | Section, this paragraph (7) does not apply to the lawful | ||||||
16 | consumption of cannabis by a qualifying patient licensed | ||||||
17 | under the Compassionate Use of Medical Cannabis Pilot | ||||||
18 | Program Act who is in possession of a valid registry card | ||||||
19 | issued under that Act, unless that person is impaired by | ||||||
20 | the use of cannabis. | ||||||
21 | (b) The fact that any person charged with violating this | ||||||
22 | Section is or has been legally entitled to use alcohol, | ||||||
23 | cannabis under the Compassionate Use of Medical Cannabis Pilot | ||||||
24 | Program Act, other drug or drugs, or intoxicating compound or | ||||||
25 | compounds, or any combination thereof, shall not constitute a | ||||||
26 | defense against any charge of violating this Section. |
| |||||||
| |||||||
1 | (c) Penalties. | ||||||
2 | (1) Except as otherwise provided in this Section, any | ||||||
3 | person convicted of violating subsection (a) of this | ||||||
4 | Section is guilty of a Class A misdemeanor. | ||||||
5 | (2) A person who violates subsection (a) or a similar | ||||||
6 | provision a second time shall be sentenced to a mandatory | ||||||
7 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
8 | of community service in addition to any other criminal or | ||||||
9 | administrative sanction. | ||||||
10 | (3) A person who violates subsection (a) is subject to | ||||||
11 | 6 months of imprisonment, an additional mandatory minimum | ||||||
12 | fine of $1,000, and 25 days of community service in a | ||||||
13 | program benefiting children if the person was transporting | ||||||
14 | a person under the age of 16 at the time of the violation. | ||||||
15 | (4) A person who violates subsection (a) a first time, | ||||||
16 | if the alcohol concentration in his or her blood, breath, | ||||||
17 | other bodily substance, or urine was 0.16 or more based on | ||||||
18 | the definition of blood, breath, other bodily substance, or | ||||||
19 | urine units in Section 11-501.2, shall be subject, in | ||||||
20 | addition to any other penalty that may be imposed, to a | ||||||
21 | mandatory minimum of 100 hours of community service and a | ||||||
22 | mandatory minimum fine of $500. | ||||||
23 | (5) A person who violates subsection (a) a second time, | ||||||
24 | if at the time of the second violation the alcohol | ||||||
25 | concentration in his or her blood, breath, other bodily | ||||||
26 | substance, or urine was 0.16 or more based on the |
| |||||||
| |||||||
1 | definition of blood, breath, other bodily substance, or | ||||||
2 | urine units in Section 11-501.2, shall be subject, in | ||||||
3 | addition to any other penalty that may be imposed, to a | ||||||
4 | mandatory minimum of 2 days of imprisonment and a mandatory | ||||||
5 | minimum fine of $1,250. | ||||||
6 | (6) A person who violates subsection (a) a first time | ||||||
7 | shall be required to use an ignition interlock device for 5 | ||||||
8 | years on any vehicle operated by the person. | ||||||
9 | (d) Aggravated driving under the influence of alcohol, | ||||||
10 | other drug or drugs, or intoxicating compound or compounds, or | ||||||
11 | any combination thereof.
| ||||||
12 | (1) Every person convicted of committing a violation of | ||||||
13 | this Section shall be guilty of aggravated driving under | ||||||
14 | the influence of alcohol, other drug or drugs, or | ||||||
15 | intoxicating compound or compounds, or any combination | ||||||
16 | thereof if: | ||||||
17 | (A) the person committed a violation of subsection | ||||||
18 | (a) or a similar provision for the third or subsequent | ||||||
19 | time; | ||||||
20 | (B) the person committed a violation of subsection | ||||||
21 | (a) while driving a school bus with one or more | ||||||
22 | passengers on board; | ||||||
23 | (C) the person in committing a violation of | ||||||
24 | subsection (a) was involved in a motor vehicle accident | ||||||
25 | that resulted in great bodily harm or permanent | ||||||
26 | disability or disfigurement to another, when the |
| |||||||
| |||||||
1 | violation was a proximate cause of the injuries; | ||||||
2 | (D) the person committed a violation of subsection | ||||||
3 | (a) and has been previously convicted of violating | ||||||
4 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012 or a similar provision of a law | ||||||
6 | of another state relating to reckless homicide in which | ||||||
7 | the person was determined to have been under the | ||||||
8 | influence of alcohol, other drug or drugs, or | ||||||
9 | intoxicating compound or compounds as an element of the | ||||||
10 | offense or the person has previously been convicted | ||||||
11 | under subparagraph (C) or subparagraph (F) of this | ||||||
12 | paragraph (1); | ||||||
13 | (E) the person, in committing a violation of | ||||||
14 | subsection (a) while driving at any speed in a school | ||||||
15 | speed zone at a time when a speed limit of 20 miles per | ||||||
16 | hour was in effect under subsection (a) of Section | ||||||
17 | 11-605 of this Code, was involved in a motor vehicle | ||||||
18 | accident that resulted in bodily harm, other than great | ||||||
19 | bodily harm or permanent disability or disfigurement, | ||||||
20 | to another person, when the violation of subsection (a) | ||||||
21 | was a proximate cause of the bodily harm; | ||||||
22 | (F) the person, in committing a violation of | ||||||
23 | subsection (a), was involved in a motor vehicle, | ||||||
24 | snowmobile, all-terrain vehicle, or watercraft | ||||||
25 | accident that resulted in the death of another person, | ||||||
26 | when the violation of subsection (a) was a proximate |
| |||||||
| |||||||
1 | cause of the death; | ||||||
2 | (G) the person committed a violation of subsection | ||||||
3 | (a) during a period in which the defendant's driving | ||||||
4 | privileges are revoked or suspended, where the | ||||||
5 | revocation or suspension was for a violation of | ||||||
6 | subsection (a) or a similar provision, Section | ||||||
7 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
8 | reckless homicide as defined in Section 9-3 of the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
10 | (H) the person committed the violation while he or | ||||||
11 | she did not possess a driver's license or permit or a | ||||||
12 | restricted driving permit or a judicial driving permit | ||||||
13 | or a monitoring device driving permit; | ||||||
14 | (I) the person committed the violation while he or | ||||||
15 | she knew or should have known that the vehicle he or | ||||||
16 | she was driving was not covered by a liability | ||||||
17 | insurance policy; | ||||||
18 | (J) the person in committing a violation of | ||||||
19 | subsection (a) was involved in a motor vehicle accident | ||||||
20 | that resulted in bodily harm, but not great bodily | ||||||
21 | harm, to the child under the age of 16 being | ||||||
22 | transported by the person, if the violation was the | ||||||
23 | proximate cause of the injury; | ||||||
24 | (K) the person in committing a second violation of | ||||||
25 | subsection (a) or a similar provision was transporting | ||||||
26 | a person under the age of 16; or |
| |||||||
| |||||||
1 | (L) the person committed a violation of subsection | ||||||
2 | (a) of this Section while transporting one or more | ||||||
3 | passengers in a vehicle for-hire. | ||||||
4 | (2)(A) Except as provided otherwise, a person | ||||||
5 | convicted of aggravated driving under the influence of | ||||||
6 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
7 | compounds, or any combination thereof is guilty of a Class | ||||||
8 | 4 felony. | ||||||
9 | (B) A third violation of this Section or a similar | ||||||
10 | provision is a Class 2 felony. If at the time of the third | ||||||
11 | violation the alcohol concentration in his or her blood, | ||||||
12 | breath, other bodily substance, or urine was 0.16 or more | ||||||
13 | based on the definition of blood, breath, other bodily | ||||||
14 | substance, or urine units in Section 11-501.2, a mandatory | ||||||
15 | minimum of 90 days of imprisonment and a mandatory minimum | ||||||
16 | fine of $2,500 shall be imposed in addition to any other | ||||||
17 | criminal or administrative sanction. If at the time of the | ||||||
18 | third violation, the defendant was transporting a person | ||||||
19 | under the age of 16, a mandatory fine of $25,000 and 25 | ||||||
20 | days of community service in a program benefiting children | ||||||
21 | shall be imposed in addition to any other criminal or | ||||||
22 | administrative sanction. | ||||||
23 | (C) A fourth violation of this Section or a similar | ||||||
24 | provision is a Class 2 felony, for which a sentence of | ||||||
25 | probation or conditional discharge may not be imposed. If | ||||||
26 | at the time of the violation, the alcohol concentration in |
| |||||||
| |||||||
1 | the defendant's blood, breath, other bodily substance, or | ||||||
2 | urine was 0.16 or more based on the definition of blood, | ||||||
3 | breath, other bodily substance, or urine units in Section | ||||||
4 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
5 | imposed in addition to any other criminal or administrative | ||||||
6 | sanction. If at the time of the fourth violation, the | ||||||
7 | defendant was transporting a person under the age of 16 a | ||||||
8 | mandatory fine of $25,000 and 25 days of community service | ||||||
9 | in a program benefiting children shall be imposed in | ||||||
10 | addition to any other criminal or administrative sanction. | ||||||
11 | (D) A fifth violation of this Section or a similar | ||||||
12 | provision is a Class 1 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, other bodily substance, or | ||||||
16 | urine was 0.16 or more based on the definition of blood, | ||||||
17 | breath, other bodily substance, or urine units in Section | ||||||
18 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
19 | imposed in addition to any other criminal or administrative | ||||||
20 | sanction. If at the time of the fifth violation, the | ||||||
21 | defendant was transporting a person under the age of 16, a | ||||||
22 | mandatory fine of $25,000, and 25 days of community service | ||||||
23 | in a program benefiting children shall be imposed in | ||||||
24 | addition to any other criminal or administrative sanction. | ||||||
25 | (E) A sixth or subsequent violation of this Section or | ||||||
26 | similar provision is a Class X felony. If at the time of |
| |||||||
| |||||||
1 | the violation, the alcohol concentration in the | ||||||
2 | defendant's blood, breath, other bodily substance, or | ||||||
3 | urine was 0.16 or more based on the definition of blood, | ||||||
4 | breath, other bodily substance, or urine units in Section | ||||||
5 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
6 | imposed in addition to any other criminal or administrative | ||||||
7 | sanction. If at the time of the violation, the defendant | ||||||
8 | was transporting a person under the age of 16, a mandatory | ||||||
9 | fine of $25,000 and 25 days of community service in a | ||||||
10 | program benefiting children shall be imposed in addition to | ||||||
11 | any other criminal or administrative sanction. | ||||||
12 | (F) For a violation of subparagraph (C) of paragraph | ||||||
13 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
14 | a term of imprisonment, shall be sentenced to not less than | ||||||
15 | one year nor more than 12 years. | ||||||
16 | (G) A violation of subparagraph (F) of paragraph (1) of | ||||||
17 | this subsection (d) is a Class 2 felony, for which the | ||||||
18 | defendant, unless the court determines that extraordinary | ||||||
19 | circumstances exist and require probation, shall be | ||||||
20 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
21 | years and not more than 14 years if the violation resulted | ||||||
22 | in the death of one person; or (ii) a term of imprisonment | ||||||
23 | of not less than 6 years and not more than 28 years if the | ||||||
24 | violation resulted in the deaths of 2 or more persons. | ||||||
25 | (H) For a violation of subparagraph (J) of paragraph | ||||||
26 | (1) of this subsection (d), a mandatory fine of $2,500, and |
| |||||||
| |||||||
1 | 25 days of community service in a program benefiting | ||||||
2 | children shall be imposed in addition to any other criminal | ||||||
3 | or administrative sanction. | ||||||
4 | (I) A violation of subparagraph (K) of paragraph (1) of | ||||||
5 | this subsection (d), is a Class 2 felony and a mandatory | ||||||
6 | fine of $2,500, and 25 days of community service in a | ||||||
7 | program benefiting children shall be imposed in addition to | ||||||
8 | any other criminal or administrative sanction. If the child | ||||||
9 | being transported suffered bodily harm, but not great | ||||||
10 | bodily harm, in a motor vehicle accident, and the violation | ||||||
11 | was the proximate cause of that injury, a mandatory fine of | ||||||
12 | $5,000 and 25 days of community service in a program | ||||||
13 | benefiting children shall be imposed in addition to any | ||||||
14 | other criminal or administrative sanction. | ||||||
15 | (J) A violation of subparagraph (D) of paragraph (1) of | ||||||
16 | this subsection (d) is a Class 3 felony, for which a | ||||||
17 | sentence of probation or conditional discharge may not be | ||||||
18 | imposed. | ||||||
19 | (3) Any person sentenced under this subsection (d) who | ||||||
20 | receives a term of probation or conditional discharge must | ||||||
21 | serve a minimum term of either 480 hours of community | ||||||
22 | service or 10 days of imprisonment as a condition of the | ||||||
23 | probation or conditional discharge in addition to any other | ||||||
24 | criminal or administrative sanction. | ||||||
25 | (e) Any reference to a prior violation of subsection (a) or | ||||||
26 | a similar provision includes any violation of a provision of a |
| |||||||
| |||||||
1 | local ordinance or a provision of a law of another state or an | ||||||
2 | offense committed on a military installation that is similar to | ||||||
3 | a violation of subsection (a) of this Section. | ||||||
4 | (f) The imposition of a mandatory term of imprisonment or | ||||||
5 | assignment of community service for a violation of this Section | ||||||
6 | shall not be suspended or reduced by the court. | ||||||
7 | (g) Any penalty imposed for driving with a license that has | ||||||
8 | been revoked for a previous violation of subsection (a) of this | ||||||
9 | Section shall be in addition to the penalty imposed for any | ||||||
10 | subsequent violation of subsection (a). | ||||||
11 | (h) For any prosecution under this Section, a certified | ||||||
12 | copy of the driving abstract of the defendant shall be admitted | ||||||
13 | as proof of any prior conviction.
| ||||||
14 | (Source: P.A. 98-122, eff. 1-1-14; 98-573, eff. 8-27-13; | ||||||
15 | 98-756, eff. 7-16-14; 99-697, eff. 7-29-16.)
| ||||||
16 | (625 ILCS 5/11-501.01) | ||||||
17 | (Text of Section before amendment by P.A. 100-987 ) | ||||||
18 | Sec. 11-501.01. Additional administrative sanctions. | ||||||
19 | (a) After a finding of guilt and prior to any final | ||||||
20 | sentencing or an order for supervision, for an offense based | ||||||
21 | upon an arrest for a violation of Section 11-501 or a similar | ||||||
22 | provision of a local ordinance, individuals shall be required | ||||||
23 | to undergo a professional evaluation to determine if an | ||||||
24 | alcohol, drug, or intoxicating compound abuse problem exists | ||||||
25 | and the extent of the problem, and undergo the imposition of |
| |||||||
| |||||||
1 | treatment as appropriate. Programs conducting these | ||||||
2 | evaluations shall be licensed by the Department of Human | ||||||
3 | Services. The cost of any professional evaluation shall be paid | ||||||
4 | for by the individual required to undergo the professional | ||||||
5 | evaluation. | ||||||
6 | (b) Any person who is found guilty of or pleads guilty to | ||||||
7 | violating Section 11-501, including any person receiving a | ||||||
8 | disposition of court supervision for violating that Section, | ||||||
9 | may be required by the Court to attend a victim impact panel | ||||||
10 | offered by, or under contract with, a county State's Attorney's | ||||||
11 | office, a probation and court services department, Mothers | ||||||
12 | Against Drunk Driving, or the Alliance Against Intoxicated | ||||||
13 | Motorists. All costs generated by the victim impact panel shall | ||||||
14 | be paid from fees collected from the offender or as may be | ||||||
15 | determined by the court. | ||||||
16 | (c) Every person found guilty of violating Section 11-501, | ||||||
17 | whose operation of a motor vehicle while in violation of that | ||||||
18 | Section proximately caused any incident resulting in an | ||||||
19 | appropriate emergency response, shall be liable for the expense | ||||||
20 | of an emergency response as provided in subsection (i) of this | ||||||
21 | Section. | ||||||
22 | (d) The Secretary of State shall revoke the driving | ||||||
23 | privileges of any person convicted under Section 11-501 or a | ||||||
24 | similar provision of a local ordinance. | ||||||
25 | (e) The Secretary of State shall require the use of | ||||||
26 | ignition interlock devices for a period not less than 5 years |
| |||||||
| |||||||
1 | on all vehicles owned by a person who has been convicted of a | ||||||
2 | violation second or subsequent offense of Section 11-501 or a | ||||||
3 | similar provision of a local ordinance. The person must pay to | ||||||
4 | the Secretary of State DUI Administration Fund an amount not to | ||||||
5 | exceed $30 for each month that he or she uses the device. The | ||||||
6 | Secretary shall establish by rule and regulation the procedures | ||||||
7 | for certification and use of the interlock system, the amount | ||||||
8 | of the fee, and the procedures, terms, and conditions relating | ||||||
9 | to these fees. During the time period in which a person is | ||||||
10 | required to install an ignition interlock device under this | ||||||
11 | subsection (e), that person shall only operate vehicles in | ||||||
12 | which ignition interlock devices have been installed, except as | ||||||
13 | allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of | ||||||
14 | this Code. | ||||||
15 | (f) In addition to any other penalties and liabilities, a | ||||||
16 | person who is found guilty of or pleads guilty to violating | ||||||
17 | Section 11-501, including any person placed on court | ||||||
18 | supervision for violating Section 11-501, shall be assessed | ||||||
19 | $750, payable to the circuit clerk, who shall distribute the | ||||||
20 | money as follows: $350 to the law enforcement agency that made | ||||||
21 | the arrest, and $400 shall be forwarded to the State Treasurer | ||||||
22 | for deposit into the General Revenue Fund. If the person has | ||||||
23 | been previously convicted of violating Section 11-501 or a | ||||||
24 | similar provision of a local ordinance, the fine shall be | ||||||
25 | $1,000, and the circuit clerk shall distribute
$200 to the law | ||||||
26 | enforcement agency that
made the arrest and $800 to the State
|
| |||||||
| |||||||
1 | Treasurer for deposit into the General Revenue Fund. In the | ||||||
2 | event that more than one agency is responsible for the arrest, | ||||||
3 | the amount payable to law enforcement agencies shall be shared | ||||||
4 | equally. Any moneys received by a law enforcement agency under | ||||||
5 | this subsection (f) shall be used for enforcement and | ||||||
6 | prevention of driving while under the influence of alcohol, | ||||||
7 | other drug or drugs, intoxicating compound or compounds or any | ||||||
8 | combination thereof, as defined by Section 11-501 of this Code, | ||||||
9 | including but not limited to the purchase of law enforcement | ||||||
10 | equipment and commodities that will assist in the prevention of | ||||||
11 | alcohol related criminal violence throughout the State; police | ||||||
12 | officer training and education in areas related to alcohol | ||||||
13 | related crime, including but not limited to DUI training; and | ||||||
14 | police officer salaries, including but not limited to salaries | ||||||
15 | for hire back funding for safety checkpoints, saturation | ||||||
16 | patrols, and liquor store sting operations. Any moneys received | ||||||
17 | by the Department of State Police under this subsection (f) | ||||||
18 | shall be deposited into the State Police DUI Fund and shall be | ||||||
19 | used to purchase law enforcement equipment that will assist in | ||||||
20 | the prevention of alcohol related criminal violence throughout | ||||||
21 | the State. | ||||||
22 | (g) The Secretary of State Police DUI Fund is created as a | ||||||
23 | special fund in the State treasury. All moneys received by the | ||||||
24 | Secretary of State Police under subsection (f) of this Section | ||||||
25 | shall be deposited into the Secretary of State Police DUI Fund | ||||||
26 | and, subject to appropriation, shall be used for enforcement |
| |||||||
| |||||||
1 | and prevention of driving while under the influence of alcohol, | ||||||
2 | other drug or drugs, intoxicating compound or compounds or any | ||||||
3 | combination thereof, as defined by Section 11-501 of this Code, | ||||||
4 | including , but not limited to , the purchase of law enforcement | ||||||
5 | equipment and commodities to assist in the prevention of | ||||||
6 | alcohol-related alcohol related criminal violence throughout | ||||||
7 | the State; police officer training and education in areas | ||||||
8 | related to alcohol-related alcohol related crime, including , | ||||||
9 | but not limited to , DUI training; and police officer salaries, | ||||||
10 | including , but not limited to , salaries for hire back funding | ||||||
11 | for safety checkpoints, saturation patrols, and liquor store | ||||||
12 | sting operations. | ||||||
13 | (h) Whenever an individual is sentenced for an offense | ||||||
14 | based upon an arrest for a violation of Section 11-501 or a | ||||||
15 | similar provision of a local ordinance, and the professional | ||||||
16 | evaluation recommends remedial or rehabilitative treatment or | ||||||
17 | education, neither the treatment nor the education shall be the | ||||||
18 | sole disposition and either or both may be imposed only in | ||||||
19 | conjunction with another disposition. The court shall monitor | ||||||
20 | compliance with any remedial education or treatment | ||||||
21 | recommendations contained in the professional evaluation. | ||||||
22 | Programs conducting alcohol or other drug evaluation or | ||||||
23 | remedial education must be licensed by the Department of Human | ||||||
24 | Services. If the individual is not a resident of Illinois, | ||||||
25 | however, the court may accept an alcohol or other drug | ||||||
26 | evaluation or remedial education program in the individual's |
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1 | state of residence. Programs providing treatment must be | ||||||
2 | licensed under existing applicable alcoholism and drug | ||||||
3 | treatment licensure standards. | ||||||
4 | (i) In addition to any other fine or penalty required by | ||||||
5 | law, an individual convicted of a violation of Section 11-501, | ||||||
6 | Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||
7 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
8 | similar provision, whose operation of a motor vehicle, | ||||||
9 | snowmobile, or watercraft while in violation of Section 11-501, | ||||||
10 | Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||
11 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
12 | similar provision proximately caused an incident resulting in | ||||||
13 | an appropriate emergency response, shall be required to make | ||||||
14 | restitution to a public agency for the costs of that emergency | ||||||
15 | response. The restitution may not exceed $1,000 per public | ||||||
16 | agency for each emergency response. As used in this subsection | ||||||
17 | (i), "emergency response" means any incident requiring a | ||||||
18 | response by a police officer, a firefighter carried on the | ||||||
19 | rolls of a regularly constituted fire department, or an | ||||||
20 | ambulance. With respect to funds designated for the Department | ||||||
21 | of State Police, the moneys shall be remitted by the circuit | ||||||
22 | court clerk to the State Police within one month after receipt | ||||||
23 | for deposit into the State Police DUI Fund. With respect to | ||||||
24 | funds designated for the Department of Natural Resources, the | ||||||
25 | Department of Natural Resources shall deposit the moneys into | ||||||
26 | the Conservation Police Operations Assistance Fund.
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1 | (j) A person that is subject to a chemical test or tests of | ||||||
2 | blood under subsection (a) of Section 11-501.1 or subdivision | ||||||
3 | (c)(2) of Section 11-501.2 of this Code, whether or not that | ||||||
4 | person consents to testing, shall be liable for the expense up | ||||||
5 | to $500 for blood withdrawal by a physician authorized to | ||||||
6 | practice medicine, a licensed physician assistant, a licensed | ||||||
7 | advanced practice registered nurse, a registered nurse, a | ||||||
8 | trained phlebotomist, a licensed paramedic, or a qualified | ||||||
9 | person other than a police officer approved by the Department | ||||||
10 | of State Police to withdraw blood, who responds, whether at a | ||||||
11 | law enforcement facility or a health care facility, to a police | ||||||
12 | department request for the drawing of blood based upon refusal | ||||||
13 | of the person to submit to a lawfully requested breath test or | ||||||
14 | probable cause exists to believe the test would disclose the | ||||||
15 | ingestion, consumption, or use of drugs or intoxicating | ||||||
16 | compounds if: | ||||||
17 | (1) the person is found guilty of violating Section | ||||||
18 | 11-501 of this Code or a similar provision of a local | ||||||
19 | ordinance; or | ||||||
20 | (2) the person pleads guilty to or stipulates to facts | ||||||
21 | supporting a violation of Section 11-503 of this Code or a | ||||||
22 | similar provision of a local ordinance when the plea or | ||||||
23 | stipulation was the result of a plea agreement in which the | ||||||
24 | person was originally charged with violating Section | ||||||
25 | 11-501 of this Code or a similar local ordinance. | ||||||
26 | (Source: P.A. 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642, |
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1 | eff. 7-28-16; 100-513, eff. 1-1-18; revised 10-19-18.)
| ||||||
2 | (Text of Section after amendment by P.A. 100-987 ) | ||||||
3 | Sec. 11-501.01. Additional administrative sanctions. | ||||||
4 | (a) After a finding of guilt and prior to any final | ||||||
5 | sentencing or an order for supervision, for an offense based | ||||||
6 | upon an arrest for a violation of Section 11-501 or a similar | ||||||
7 | provision of a local ordinance, individuals shall be required | ||||||
8 | to undergo a professional evaluation to determine if an | ||||||
9 | alcohol, drug, or intoxicating compound abuse problem exists | ||||||
10 | and the extent of the problem, and undergo the imposition of | ||||||
11 | treatment as appropriate. Programs conducting these | ||||||
12 | evaluations shall be licensed by the Department of Human | ||||||
13 | Services. The cost of any professional evaluation shall be paid | ||||||
14 | for by the individual required to undergo the professional | ||||||
15 | evaluation. | ||||||
16 | (b) Any person who is found guilty of or pleads guilty to | ||||||
17 | violating Section 11-501, including any person receiving a | ||||||
18 | disposition of court supervision for violating that Section, | ||||||
19 | may be required by the Court to attend a victim impact panel | ||||||
20 | offered by, or under contract with, a county State's Attorney's | ||||||
21 | office, a probation and court services department, Mothers | ||||||
22 | Against Drunk Driving, or the Alliance Against Intoxicated | ||||||
23 | Motorists. All costs generated by the victim impact panel shall | ||||||
24 | be paid from fees collected from the offender or as may be | ||||||
25 | determined by the court. |
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1 | (c) (Blank). | ||||||
2 | (d) The Secretary of State shall revoke the driving | ||||||
3 | privileges of any person convicted under Section 11-501 or a | ||||||
4 | similar provision of a local ordinance. | ||||||
5 | (e) The Secretary of State shall require the use of | ||||||
6 | ignition interlock devices for a period not less than 5 years | ||||||
7 | on all vehicles owned by a person who has been convicted of a | ||||||
8 | violation second or subsequent offense of Section 11-501 or a | ||||||
9 | similar provision of a local ordinance. The person must pay to | ||||||
10 | the Secretary of State DUI Administration Fund an amount not to | ||||||
11 | exceed $30 for each month that he or she uses the device. The | ||||||
12 | Secretary shall establish by rule and regulation the procedures | ||||||
13 | for certification and use of the interlock system, the amount | ||||||
14 | of the fee, and the procedures, terms, and conditions relating | ||||||
15 | to these fees. During the time period in which a person is | ||||||
16 | required to install an ignition interlock device under this | ||||||
17 | subsection (e), that person shall only operate vehicles in | ||||||
18 | which ignition interlock devices have been installed, except as | ||||||
19 | allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of | ||||||
20 | this Code. | ||||||
21 | (f) (Blank). | ||||||
22 | (g) The Secretary of State Police DUI Fund is created as a | ||||||
23 | special fund in the State treasury and, subject to | ||||||
24 | appropriation, shall be used for enforcement and prevention of | ||||||
25 | driving while under the influence of alcohol, other drug or | ||||||
26 | drugs, intoxicating compound or compounds or any combination |
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1 | thereof, as defined by Section 11-501 of this Code, including , | ||||||
2 | but not limited to , the purchase of law enforcement equipment | ||||||
3 | and commodities to assist in the prevention of alcohol-related | ||||||
4 | alcohol related criminal violence throughout the State; police | ||||||
5 | officer training and education in areas related to | ||||||
6 | alcohol-related alcohol related crime, including , but not | ||||||
7 | limited to , DUI training; and police officer salaries, | ||||||
8 | including , but not limited to , salaries for hire back funding | ||||||
9 | for safety checkpoints, saturation patrols, and liquor store | ||||||
10 | sting operations. | ||||||
11 | (h) Whenever an individual is sentenced for an offense | ||||||
12 | based upon an arrest for a violation of Section 11-501 or a | ||||||
13 | similar provision of a local ordinance, and the professional | ||||||
14 | evaluation recommends remedial or rehabilitative treatment or | ||||||
15 | education, neither the treatment nor the education shall be the | ||||||
16 | sole disposition and either or both may be imposed only in | ||||||
17 | conjunction with another disposition. The court shall monitor | ||||||
18 | compliance with any remedial education or treatment | ||||||
19 | recommendations contained in the professional evaluation. | ||||||
20 | Programs conducting alcohol or other drug evaluation or | ||||||
21 | remedial education must be licensed by the Department of Human | ||||||
22 | Services. If the individual is not a resident of Illinois, | ||||||
23 | however, the court may accept an alcohol or other drug | ||||||
24 | evaluation or remedial education program in the individual's | ||||||
25 | state of residence. Programs providing treatment must be | ||||||
26 | licensed under existing applicable alcoholism and drug |
| |||||||
| |||||||
1 | treatment licensure standards. | ||||||
2 | (i) (Blank).
| ||||||
3 | (j) A person that is subject to a chemical test or tests of | ||||||
4 | blood under subsection (a) of Section 11-501.1 or subdivision | ||||||
5 | (c)(2) of Section 11-501.2 of this Code, whether or not that | ||||||
6 | person consents to testing, shall be liable for the expense up | ||||||
7 | to $500 for blood withdrawal by a physician authorized to | ||||||
8 | practice medicine, a licensed physician assistant, a licensed | ||||||
9 | advanced practice registered nurse, a registered nurse, a | ||||||
10 | trained phlebotomist, a licensed paramedic, or a qualified | ||||||
11 | person other than a police officer approved by the Department | ||||||
12 | of State Police to withdraw blood, who responds, whether at a | ||||||
13 | law enforcement facility or a health care facility, to a police | ||||||
14 | department request for the drawing of blood based upon refusal | ||||||
15 | of the person to submit to a lawfully requested breath test or | ||||||
16 | probable cause exists to believe the test would disclose the | ||||||
17 | ingestion, consumption, or use of drugs or intoxicating | ||||||
18 | compounds if: | ||||||
19 | (1) the person is found guilty of violating Section | ||||||
20 | 11-501 of this Code or a similar provision of a local | ||||||
21 | ordinance; or | ||||||
22 | (2) the person pleads guilty to or stipulates to facts | ||||||
23 | supporting a violation of Section 11-503 of this Code or a | ||||||
24 | similar provision of a local ordinance when the plea or | ||||||
25 | stipulation was the result of a plea agreement in which the | ||||||
26 | person was originally charged with violating Section |
| |||||||
| |||||||
1 | 11-501 of this Code or a similar local ordinance. | ||||||
2 | (Source: P.A. 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642, | ||||||
3 | eff. 7-28-16; 100-513, eff. 1-1-18; 100-987, eff. 7-1-19; | ||||||
4 | revised 10-19-18.)
| ||||||
5 | Section 95. No acceleration or delay. Where this Act makes | ||||||
6 | changes in a statute that is represented in this Act by text | ||||||
7 | that is not yet or no longer in effect (for example, a Section | ||||||
8 | represented by multiple versions), the use of that text does | ||||||
9 | not accelerate or delay the taking effect of (i) the changes | ||||||
10 | made by this Act or (ii) provisions derived from any other | ||||||
11 | Public Act.
|