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Illinois House Bill HB1431

Illinois 2023-2024 Regular Session

Illinois House Bill HB1431 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1431 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501 Amends the Illinois Vehicle Code. Prohibits a person from driving or being in actual physical control of any vehicle within the State while under the influence of cannabis to a degree that renders the person incapable of safely driving. Prohibits a person from driving or being in actual physical control of any vehicle within this State while under the combined influence of alcohol, cannabis, other drug or drugs, or intoxicating compound or compounds (instead of alcohol, other drug or drugs, or intoxicating compound or compounds) to a degree that renders the person incapable of safely driving. LRB103 05850 LNS 50870 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1431 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501 Amends the Illinois Vehicle Code. Prohibits a person from driving or being in actual physical control of any vehicle within the State while under the influence of cannabis to a degree that renders the person incapable of safely driving. Prohibits a person from driving or being in actual physical control of any vehicle within this State while under the combined influence of alcohol, cannabis, other drug or drugs, or intoxicating compound or compounds (instead of alcohol, other drug or drugs, or intoxicating compound or compounds) to a degree that renders the person incapable of safely driving. LRB103 05850 LNS 50870 b LRB103 05850 LNS 50870 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1431 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
33 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
44 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
55 Amends the Illinois Vehicle Code. Prohibits a person from driving or being in actual physical control of any vehicle within the State while under the influence of cannabis to a degree that renders the person incapable of safely driving. Prohibits a person from driving or being in actual physical control of any vehicle within this State while under the combined influence of alcohol, cannabis, other drug or drugs, or intoxicating compound or compounds (instead of alcohol, other drug or drugs, or intoxicating compound or compounds) to a degree that renders the person incapable of safely driving.
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1111 1 AN ACT concerning transportation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Vehicle Code is amended by
1515 5 changing Section 11-501 as follows:
1616 6 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
1717 7 (Text of Section before amendment by P.A. 102-982)
1818 8 Sec. 11-501. Driving while under the influence of alcohol,
1919 9 other drug or drugs, intoxicating compound or compounds or any
2020 10 combination thereof.
2121 11 (a) A person shall not drive or be in actual physical
2222 12 control of any vehicle within this State while:
2323 13 (1) the alcohol concentration in the person's blood,
2424 14 other bodily substance, or breath is 0.08 or more based on
2525 15 the definition of blood and breath units in Section
2626 16 11-501.2;
2727 17 (2) under the influence of alcohol;
2828 18 (3) under the influence of any intoxicating compound
2929 19 or combination of intoxicating compounds to a degree that
3030 20 renders the person incapable of driving safely;
3131 21 (4) under the influence of any other drug or
3232 22 combination of drugs to a degree that renders the person
3333 23 incapable of safely driving;
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1431 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
3838 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
3939 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
4040 Amends the Illinois Vehicle Code. Prohibits a person from driving or being in actual physical control of any vehicle within the State while under the influence of cannabis to a degree that renders the person incapable of safely driving. Prohibits a person from driving or being in actual physical control of any vehicle within this State while under the combined influence of alcohol, cannabis, other drug or drugs, or intoxicating compound or compounds (instead of alcohol, other drug or drugs, or intoxicating compound or compounds) to a degree that renders the person incapable of safely driving.
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6868 1 (5) under the combined influence of alcohol, other
6969 2 drug or drugs, or intoxicating compound or compounds to a
7070 3 degree that renders the person incapable of safely
7171 4 driving;
7272 5 (6) there is any amount of a drug, substance, or
7373 6 compound in the person's breath, blood, other bodily
7474 7 substance, or urine resulting from the unlawful use or
7575 8 consumption of a controlled substance listed in the
7676 9 Illinois Controlled Substances Act, an intoxicating
7777 10 compound listed in the Use of Intoxicating Compounds Act,
7878 11 or methamphetamine as listed in the Methamphetamine
7979 12 Control and Community Protection Act; or
8080 13 (7) the person has, within 2 hours of driving or being
8181 14 in actual physical control of a vehicle, a
8282 15 tetrahydrocannabinol concentration in the person's whole
8383 16 blood or other bodily substance as defined in paragraph 6
8484 17 of subsection (a) of Section 11-501.2 of this Code.
8585 18 Subject to all other requirements and provisions under
8686 19 this Section, this paragraph (7) does not apply to the
8787 20 lawful consumption of cannabis by a qualifying patient
8888 21 licensed under the Compassionate Use of Medical Cannabis
8989 22 Program Act who is in possession of a valid registry card
9090 23 issued under that Act, unless that person is impaired by
9191 24 the use of cannabis.
9292 25 (b) The fact that any person charged with violating this
9393 26 Section is or has been legally entitled to use alcohol,
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104104 1 cannabis under the Compassionate Use of Medical Cannabis
105105 2 Program Act, other drug or drugs, or intoxicating compound or
106106 3 compounds, or any combination thereof, shall not constitute a
107107 4 defense against any charge of violating this Section.
108108 5 (c) Penalties.
109109 6 (1) Except as otherwise provided in this Section, any
110110 7 person convicted of violating subsection (a) of this
111111 8 Section is guilty of a Class A misdemeanor.
112112 9 (2) A person who violates subsection (a) or a similar
113113 10 provision a second time shall be sentenced to a mandatory
114114 11 minimum term of either 5 days of imprisonment or 240 hours
115115 12 of community service in addition to any other criminal or
116116 13 administrative sanction.
117117 14 (3) A person who violates subsection (a) is subject to
118118 15 6 months of imprisonment, an additional mandatory minimum
119119 16 fine of $1,000, and 25 days of community service in a
120120 17 program benefiting children if the person was transporting
121121 18 a person under the age of 16 at the time of the violation.
122122 19 (4) A person who violates subsection (a) a first time,
123123 20 if the alcohol concentration in his or her blood, breath,
124124 21 other bodily substance, or urine was 0.16 or more based on
125125 22 the definition of blood, breath, other bodily substance,
126126 23 or urine units in Section 11-501.2, shall be subject, in
127127 24 addition to any other penalty that may be imposed, to a
128128 25 mandatory minimum of 100 hours of community service and a
129129 26 mandatory minimum fine of $500.
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140140 1 (5) A person who violates subsection (a) a second
141141 2 time, if at the time of the second violation the alcohol
142142 3 concentration in his or her blood, breath, other bodily
143143 4 substance, or urine was 0.16 or more based on the
144144 5 definition of blood, breath, other bodily substance, or
145145 6 urine units in Section 11-501.2, shall be subject, in
146146 7 addition to any other penalty that may be imposed, to a
147147 8 mandatory minimum of 2 days of imprisonment and a
148148 9 mandatory minimum fine of $1,250.
149149 10 (d) Aggravated driving under the influence of alcohol,
150150 11 other drug or drugs, or intoxicating compound or compounds, or
151151 12 any combination thereof.
152152 13 (1) Every person convicted of committing a violation
153153 14 of this Section shall be guilty of aggravated driving
154154 15 under the influence of alcohol, other drug or drugs, or
155155 16 intoxicating compound or compounds, or any combination
156156 17 thereof if:
157157 18 (A) the person committed a violation of subsection
158158 19 (a) or a similar provision for the third or subsequent
159159 20 time;
160160 21 (B) the person committed a violation of subsection
161161 22 (a) while driving a school bus with one or more
162162 23 passengers on board;
163163 24 (C) the person in committing a violation of
164164 25 subsection (a) was involved in a motor vehicle
165165 26 accident that resulted in great bodily harm or
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176176 1 permanent disability or disfigurement to another, when
177177 2 the violation was a proximate cause of the injuries;
178178 3 (D) the person committed a violation of subsection
179179 4 (a) and has been previously convicted of violating
180180 5 Section 9-3 of the Criminal Code of 1961 or the
181181 6 Criminal Code of 2012 or a similar provision of a law
182182 7 of another state relating to reckless homicide in
183183 8 which the person was determined to have been under the
184184 9 influence of alcohol, other drug or drugs, or
185185 10 intoxicating compound or compounds as an element of
186186 11 the offense or the person has previously been
187187 12 convicted under subparagraph (C) or subparagraph (F)
188188 13 of this paragraph (1);
189189 14 (E) the person, in committing a violation of
190190 15 subsection (a) while driving at any speed in a school
191191 16 speed zone at a time when a speed limit of 20 miles per
192192 17 hour was in effect under subsection (a) of Section
193193 18 11-605 of this Code, was involved in a motor vehicle
194194 19 accident that resulted in bodily harm, other than
195195 20 great bodily harm or permanent disability or
196196 21 disfigurement, to another person, when the violation
197197 22 of subsection (a) was a proximate cause of the bodily
198198 23 harm;
199199 24 (F) the person, in committing a violation of
200200 25 subsection (a), was involved in a motor vehicle,
201201 26 snowmobile, all-terrain vehicle, or watercraft
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212212 1 accident that resulted in the death of another person,
213213 2 when the violation of subsection (a) was a proximate
214214 3 cause of the death;
215215 4 (G) the person committed a violation of subsection
216216 5 (a) during a period in which the defendant's driving
217217 6 privileges are revoked or suspended, where the
218218 7 revocation or suspension was for a violation of
219219 8 subsection (a) or a similar provision, Section
220220 9 11-501.1, paragraph (b) of Section 11-401, or for
221221 10 reckless homicide as defined in Section 9-3 of the
222222 11 Criminal Code of 1961 or the Criminal Code of 2012;
223223 12 (H) the person committed the violation while he or
224224 13 she did not possess a driver's license or permit or a
225225 14 restricted driving permit or a judicial driving permit
226226 15 or a monitoring device driving permit;
227227 16 (I) the person committed the violation while he or
228228 17 she knew or should have known that the vehicle he or
229229 18 she was driving was not covered by a liability
230230 19 insurance policy;
231231 20 (J) the person in committing a violation of
232232 21 subsection (a) was involved in a motor vehicle
233233 22 accident that resulted in bodily harm, but not great
234234 23 bodily harm, to the child under the age of 16 being
235235 24 transported by the person, if the violation was the
236236 25 proximate cause of the injury;
237237 26 (K) the person in committing a second violation of
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248248 1 subsection (a) or a similar provision was transporting
249249 2 a person under the age of 16; or
250250 3 (L) the person committed a violation of subsection
251251 4 (a) of this Section while transporting one or more
252252 5 passengers in a vehicle for-hire.
253253 6 (2)(A) Except as provided otherwise, a person
254254 7 convicted of aggravated driving under the influence of
255255 8 alcohol, other drug or drugs, or intoxicating compound or
256256 9 compounds, or any combination thereof is guilty of a Class
257257 10 4 felony.
258258 11 (B) A third violation of this Section or a similar
259259 12 provision is a Class 2 felony. If at the time of the third
260260 13 violation the alcohol concentration in his or her blood,
261261 14 breath, other bodily substance, or urine was 0.16 or more
262262 15 based on the definition of blood, breath, other bodily
263263 16 substance, or urine units in Section 11-501.2, a mandatory
264264 17 minimum of 90 days of imprisonment and a mandatory minimum
265265 18 fine of $2,500 shall be imposed in addition to any other
266266 19 criminal or administrative sanction. If at the time of the
267267 20 third violation, the defendant was transporting a person
268268 21 under the age of 16, a mandatory fine of $25,000 and 25
269269 22 days of community service in a program benefiting children
270270 23 shall be imposed in addition to any other criminal or
271271 24 administrative sanction.
272272 25 (C) A fourth violation of this Section or a similar
273273 26 provision is a Class 2 felony, for which a sentence of
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284284 1 probation or conditional discharge may not be imposed. If
285285 2 at the time of the violation, the alcohol concentration in
286286 3 the defendant's blood, breath, other bodily substance, or
287287 4 urine was 0.16 or more based on the definition of blood,
288288 5 breath, other bodily substance, or urine units in Section
289289 6 11-501.2, a mandatory minimum fine of $5,000 shall be
290290 7 imposed in addition to any other criminal or
291291 8 administrative sanction. If at the time of the fourth
292292 9 violation, the defendant was transporting a person under
293293 10 the age of 16 a mandatory fine of $25,000 and 25 days of
294294 11 community service in a program benefiting children shall
295295 12 be imposed in addition to any other criminal or
296296 13 administrative sanction.
297297 14 (D) A fifth violation of this Section or a similar
298298 15 provision is a Class 1 felony, for which a sentence of
299299 16 probation or conditional discharge may not be imposed. If
300300 17 at the time of the violation, the alcohol concentration in
301301 18 the defendant's blood, breath, other bodily substance, or
302302 19 urine was 0.16 or more based on the definition of blood,
303303 20 breath, other bodily substance, or urine units in Section
304304 21 11-501.2, a mandatory minimum fine of $5,000 shall be
305305 22 imposed in addition to any other criminal or
306306 23 administrative sanction. If at the time of the fifth
307307 24 violation, the defendant was transporting a person under
308308 25 the age of 16, a mandatory fine of $25,000, and 25 days of
309309 26 community service in a program benefiting children shall
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320320 1 be imposed in addition to any other criminal or
321321 2 administrative sanction.
322322 3 (E) A sixth or subsequent violation of this Section or
323323 4 similar provision is a Class X felony. If at the time of
324324 5 the violation, the alcohol concentration in the
325325 6 defendant's blood, breath, other bodily substance, or
326326 7 urine was 0.16 or more based on the definition of blood,
327327 8 breath, other bodily substance, or urine units in Section
328328 9 11-501.2, a mandatory minimum fine of $5,000 shall be
329329 10 imposed in addition to any other criminal or
330330 11 administrative sanction. If at the time of the violation,
331331 12 the defendant was transporting a person under the age of
332332 13 16, a mandatory fine of $25,000 and 25 days of community
333333 14 service in a program benefiting children shall be imposed
334334 15 in addition to any other criminal or administrative
335335 16 sanction.
336336 17 (F) For a violation of subparagraph (C) of paragraph
337337 18 (1) of this subsection (d), the defendant, if sentenced to
338338 19 a term of imprisonment, shall be sentenced to not less
339339 20 than one year nor more than 12 years.
340340 21 (G) A violation of subparagraph (F) of paragraph (1)
341341 22 of this subsection (d) is a Class 2 felony, for which the
342342 23 defendant, unless the court determines that extraordinary
343343 24 circumstances exist and require probation, shall be
344344 25 sentenced to: (i) a term of imprisonment of not less than 3
345345 26 years and not more than 14 years if the violation resulted
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356356 1 in the death of one person; or (ii) a term of imprisonment
357357 2 of not less than 6 years and not more than 28 years if the
358358 3 violation resulted in the deaths of 2 or more persons.
359359 4 (H) For a violation of subparagraph (J) of paragraph
360360 5 (1) of this subsection (d), a mandatory fine of $2,500,
361361 6 and 25 days of community service in a program benefiting
362362 7 children shall be imposed in addition to any other
363363 8 criminal or administrative sanction.
364364 9 (I) A violation of subparagraph (K) of paragraph (1)
365365 10 of this subsection (d), is a Class 2 felony and a mandatory
366366 11 fine of $2,500, and 25 days of community service in a
367367 12 program benefiting children shall be imposed in addition
368368 13 to any other criminal or administrative sanction. If the
369369 14 child being transported suffered bodily harm, but not
370370 15 great bodily harm, in a motor vehicle accident, and the
371371 16 violation was the proximate cause of that injury, a
372372 17 mandatory fine of $5,000 and 25 days of community service
373373 18 in a program benefiting children shall be imposed in
374374 19 addition to any other criminal or administrative sanction.
375375 20 (J) A violation of subparagraph (D) of paragraph (1)
376376 21 of this subsection (d) is a Class 3 felony, for which a
377377 22 sentence of probation or conditional discharge may not be
378378 23 imposed.
379379 24 (3) Any person sentenced under this subsection (d) who
380380 25 receives a term of probation or conditional discharge must
381381 26 serve a minimum term of either 480 hours of community
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392392 1 service or 10 days of imprisonment as a condition of the
393393 2 probation or conditional discharge in addition to any
394394 3 other criminal or administrative sanction.
395395 4 (e) Any reference to a prior violation of subsection (a)
396396 5 or a similar provision includes any violation of a provision
397397 6 of a local ordinance or a provision of a law of another state
398398 7 or an offense committed on a military installation that is
399399 8 similar to a violation of subsection (a) of this Section.
400400 9 (f) The imposition of a mandatory term of imprisonment or
401401 10 assignment of community service for a violation of this
402402 11 Section shall not be suspended or reduced by the court.
403403 12 (g) Any penalty imposed for driving with a license that
404404 13 has been revoked for a previous violation of subsection (a) of
405405 14 this Section shall be in addition to the penalty imposed for
406406 15 any subsequent violation of subsection (a).
407407 16 (h) For any prosecution under this Section, a certified
408408 17 copy of the driving abstract of the defendant shall be
409409 18 admitted as proof of any prior conviction.
410410 19 (Source: P.A. 101-363, eff. 8-9-19.)
411411 20 (Text of Section after amendment by P.A. 102-982)
412412 21 Sec. 11-501. Driving while under the influence of alcohol,
413413 22 other drug or drugs, intoxicating compound or compounds or any
414414 23 combination thereof.
415415 24 (a) A person shall not drive or be in actual physical
416416 25 control of any vehicle within this State while:
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427427 1 (1) the alcohol concentration in the person's blood,
428428 2 other bodily substance, or breath is 0.08 or more based on
429429 3 the definition of blood and breath units in Section
430430 4 11-501.2;
431431 5 (2) under the influence of alcohol;
432432 6 (3) under the influence of any intoxicating compound
433433 7 or combination of intoxicating compounds to a degree that
434434 8 renders the person incapable of driving safely;
435435 9 (4) under the influence of any other drug or
436436 10 combination of drugs to a degree that renders the person
437437 11 incapable of safely driving;
438438 12 (5) under the combined influence of alcohol, cannabis,
439439 13 other drug or drugs, or intoxicating compound or compounds
440440 14 to a degree that renders the person incapable of safely
441441 15 driving;
442442 16 (6) there is any amount of a drug, substance, or
443443 17 compound in the person's breath, blood, other bodily
444444 18 substance, or urine resulting from the unlawful use or
445445 19 consumption of a controlled substance listed in the
446446 20 Illinois Controlled Substances Act, an intoxicating
447447 21 compound listed in the Use of Intoxicating Compounds Act,
448448 22 or methamphetamine as listed in the Methamphetamine
449449 23 Control and Community Protection Act; or
450450 24 (7) the person has, within 2 hours of driving or being
451451 25 in actual physical control of a vehicle, a
452452 26 tetrahydrocannabinol concentration in the person's whole
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463463 1 blood or other bodily substance as defined in paragraph 6
464464 2 of subsection (a) of Section 11-501.2 of this Code.
465465 3 Subject to all other requirements and provisions under
466466 4 this Section, this paragraph (7) does not apply to the
467467 5 lawful consumption of cannabis by a qualifying patient
468468 6 licensed under the Compassionate Use of Medical Cannabis
469469 7 Program Act who is in possession of a valid registry card
470470 8 issued under that Act, unless that person is impaired by
471471 9 the use of cannabis; or
472472 10 (8) under the influence of cannabis to a degree that
473473 11 renders the person incapable of safely driving.
474474 12 (b) The fact that any person charged with violating this
475475 13 Section is or has been legally entitled to use alcohol,
476476 14 cannabis under the Compassionate Use of Medical Cannabis
477477 15 Program Act, other drug or drugs, or intoxicating compound or
478478 16 compounds, or any combination thereof, shall not constitute a
479479 17 defense against any charge of violating this Section.
480480 18 (c) Penalties.
481481 19 (1) Except as otherwise provided in this Section, any
482482 20 person convicted of violating subsection (a) of this
483483 21 Section is guilty of a Class A misdemeanor.
484484 22 (2) A person who violates subsection (a) or a similar
485485 23 provision a second time shall be sentenced to a mandatory
486486 24 minimum term of either 5 days of imprisonment or 240 hours
487487 25 of community service in addition to any other criminal or
488488 26 administrative sanction.
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499499 1 (3) A person who violates subsection (a) is subject to
500500 2 6 months of imprisonment, an additional mandatory minimum
501501 3 fine of $1,000, and 25 days of community service in a
502502 4 program benefiting children if the person was transporting
503503 5 a person under the age of 16 at the time of the violation.
504504 6 (4) A person who violates subsection (a) a first time,
505505 7 if the alcohol concentration in his or her blood, breath,
506506 8 other bodily substance, or urine was 0.16 or more based on
507507 9 the definition of blood, breath, other bodily substance,
508508 10 or urine units in Section 11-501.2, shall be subject, in
509509 11 addition to any other penalty that may be imposed, to a
510510 12 mandatory minimum of 100 hours of community service and a
511511 13 mandatory minimum fine of $500.
512512 14 (5) A person who violates subsection (a) a second
513513 15 time, if at the time of the second violation the alcohol
514514 16 concentration in his or her blood, breath, other bodily
515515 17 substance, or urine was 0.16 or more based on the
516516 18 definition of blood, breath, other bodily substance, or
517517 19 urine units in Section 11-501.2, shall be subject, in
518518 20 addition to any other penalty that may be imposed, to a
519519 21 mandatory minimum of 2 days of imprisonment and a
520520 22 mandatory minimum fine of $1,250.
521521 23 (d) Aggravated driving under the influence of alcohol,
522522 24 other drug or drugs, or intoxicating compound or compounds, or
523523 25 any combination thereof.
524524 26 (1) Every person convicted of committing a violation
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535535 1 of this Section shall be guilty of aggravated driving
536536 2 under the influence of alcohol, other drug or drugs, or
537537 3 intoxicating compound or compounds, or any combination
538538 4 thereof if:
539539 5 (A) the person committed a violation of subsection
540540 6 (a) or a similar provision for the third or subsequent
541541 7 time;
542542 8 (B) the person committed a violation of subsection
543543 9 (a) while driving a school bus with one or more
544544 10 passengers on board;
545545 11 (C) the person in committing a violation of
546546 12 subsection (a) was involved in a motor vehicle crash
547547 13 that resulted in great bodily harm or permanent
548548 14 disability or disfigurement to another, when the
549549 15 violation was a proximate cause of the injuries;
550550 16 (D) the person committed a violation of subsection
551551 17 (a) and has been previously convicted of violating
552552 18 Section 9-3 of the Criminal Code of 1961 or the
553553 19 Criminal Code of 2012 or a similar provision of a law
554554 20 of another state relating to reckless homicide in
555555 21 which the person was determined to have been under the
556556 22 influence of alcohol, other drug or drugs, or
557557 23 intoxicating compound or compounds as an element of
558558 24 the offense or the person has previously been
559559 25 convicted under subparagraph (C) or subparagraph (F)
560560 26 of this paragraph (1);
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571571 1 (E) the person, in committing a violation of
572572 2 subsection (a) while driving at any speed in a school
573573 3 speed zone at a time when a speed limit of 20 miles per
574574 4 hour was in effect under subsection (a) of Section
575575 5 11-605 of this Code, was involved in a motor vehicle
576576 6 crash that resulted in bodily harm, other than great
577577 7 bodily harm or permanent disability or disfigurement,
578578 8 to another person, when the violation of subsection
579579 9 (a) was a proximate cause of the bodily harm;
580580 10 (F) the person, in committing a violation of
581581 11 subsection (a), was involved in a motor vehicle crash
582582 12 or snowmobile, all-terrain vehicle, or watercraft
583583 13 accident that resulted in the death of another person,
584584 14 when the violation of subsection (a) was a proximate
585585 15 cause of the death;
586586 16 (G) the person committed a violation of subsection
587587 17 (a) during a period in which the defendant's driving
588588 18 privileges are revoked or suspended, where the
589589 19 revocation or suspension was for a violation of
590590 20 subsection (a) or a similar provision, Section
591591 21 11-501.1, paragraph (b) of Section 11-401, or for
592592 22 reckless homicide as defined in Section 9-3 of the
593593 23 Criminal Code of 1961 or the Criminal Code of 2012;
594594 24 (H) the person committed the violation while he or
595595 25 she did not possess a driver's license or permit or a
596596 26 restricted driving permit or a judicial driving permit
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607607 1 or a monitoring device driving permit;
608608 2 (I) the person committed the violation while he or
609609 3 she knew or should have known that the vehicle he or
610610 4 she was driving was not covered by a liability
611611 5 insurance policy;
612612 6 (J) the person in committing a violation of
613613 7 subsection (a) was involved in a motor vehicle crash
614614 8 that resulted in bodily harm, but not great bodily
615615 9 harm, to the child under the age of 16 being
616616 10 transported by the person, if the violation was the
617617 11 proximate cause of the injury;
618618 12 (K) the person in committing a second violation of
619619 13 subsection (a) or a similar provision was transporting
620620 14 a person under the age of 16; or
621621 15 (L) the person committed a violation of subsection
622622 16 (a) of this Section while transporting one or more
623623 17 passengers in a vehicle for-hire.
624624 18 (2)(A) Except as provided otherwise, a person
625625 19 convicted of aggravated driving under the influence of
626626 20 alcohol, other drug or drugs, or intoxicating compound or
627627 21 compounds, or any combination thereof is guilty of a Class
628628 22 4 felony.
629629 23 (B) A third violation of this Section or a similar
630630 24 provision is a Class 2 felony. If at the time of the third
631631 25 violation the alcohol concentration in his or her blood,
632632 26 breath, other bodily substance, or urine was 0.16 or more
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643643 1 based on the definition of blood, breath, other bodily
644644 2 substance, or urine units in Section 11-501.2, a mandatory
645645 3 minimum of 90 days of imprisonment and a mandatory minimum
646646 4 fine of $2,500 shall be imposed in addition to any other
647647 5 criminal or administrative sanction. If at the time of the
648648 6 third violation, the defendant was transporting a person
649649 7 under the age of 16, a mandatory fine of $25,000 and 25
650650 8 days of community service in a program benefiting children
651651 9 shall be imposed in addition to any other criminal or
652652 10 administrative sanction.
653653 11 (C) A fourth violation of this Section or a similar
654654 12 provision is a Class 2 felony, for which a sentence of
655655 13 probation or conditional discharge may not be imposed. If
656656 14 at the time of the violation, the alcohol concentration in
657657 15 the defendant's blood, breath, other bodily substance, or
658658 16 urine was 0.16 or more based on the definition of blood,
659659 17 breath, other bodily substance, or urine units in Section
660660 18 11-501.2, a mandatory minimum fine of $5,000 shall be
661661 19 imposed in addition to any other criminal or
662662 20 administrative sanction. If at the time of the fourth
663663 21 violation, the defendant was transporting a person under
664664 22 the age of 16 a mandatory fine of $25,000 and 25 days of
665665 23 community service in a program benefiting children shall
666666 24 be imposed in addition to any other criminal or
667667 25 administrative sanction.
668668 26 (D) A fifth violation of this Section or a similar
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679679 1 provision is a Class 1 felony, for which a sentence of
680680 2 probation or conditional discharge may not be imposed. If
681681 3 at the time of the violation, the alcohol concentration in
682682 4 the defendant's blood, breath, other bodily substance, or
683683 5 urine was 0.16 or more based on the definition of blood,
684684 6 breath, other bodily substance, or urine units in Section
685685 7 11-501.2, a mandatory minimum fine of $5,000 shall be
686686 8 imposed in addition to any other criminal or
687687 9 administrative sanction. If at the time of the fifth
688688 10 violation, the defendant was transporting a person under
689689 11 the age of 16, a mandatory fine of $25,000, and 25 days of
690690 12 community service in a program benefiting children shall
691691 13 be imposed in addition to any other criminal or
692692 14 administrative sanction.
693693 15 (E) A sixth or subsequent violation of this Section or
694694 16 similar provision is a Class X felony. If at the time of
695695 17 the violation, the alcohol concentration in the
696696 18 defendant's blood, breath, other bodily substance, or
697697 19 urine was 0.16 or more based on the definition of blood,
698698 20 breath, other bodily substance, or urine units in Section
699699 21 11-501.2, a mandatory minimum fine of $5,000 shall be
700700 22 imposed in addition to any other criminal or
701701 23 administrative sanction. If at the time of the violation,
702702 24 the defendant was transporting a person under the age of
703703 25 16, a mandatory fine of $25,000 and 25 days of community
704704 26 service in a program benefiting children shall be imposed
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715715 1 in addition to any other criminal or administrative
716716 2 sanction.
717717 3 (F) For a violation of subparagraph (C) of paragraph
718718 4 (1) of this subsection (d), the defendant, if sentenced to
719719 5 a term of imprisonment, shall be sentenced to not less
720720 6 than one year nor more than 12 years.
721721 7 (G) A violation of subparagraph (F) of paragraph (1)
722722 8 of this subsection (d) is a Class 2 felony, for which the
723723 9 defendant, unless the court determines that extraordinary
724724 10 circumstances exist and require probation, shall be
725725 11 sentenced to: (i) a term of imprisonment of not less than 3
726726 12 years and not more than 14 years if the violation resulted
727727 13 in the death of one person; or (ii) a term of imprisonment
728728 14 of not less than 6 years and not more than 28 years if the
729729 15 violation resulted in the deaths of 2 or more persons.
730730 16 (H) For a violation of subparagraph (J) of paragraph
731731 17 (1) of this subsection (d), a mandatory fine of $2,500,
732732 18 and 25 days of community service in a program benefiting
733733 19 children shall be imposed in addition to any other
734734 20 criminal or administrative sanction.
735735 21 (I) A violation of subparagraph (K) of paragraph (1)
736736 22 of this subsection (d), is a Class 2 felony and a mandatory
737737 23 fine of $2,500, and 25 days of community service in a
738738 24 program benefiting children shall be imposed in addition
739739 25 to any other criminal or administrative sanction. If the
740740 26 child being transported suffered bodily harm, but not
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751751 1 great bodily harm, in a motor vehicle crash, and the
752752 2 violation was the proximate cause of that injury, a
753753 3 mandatory fine of $5,000 and 25 days of community service
754754 4 in a program benefiting children shall be imposed in
755755 5 addition to any other criminal or administrative sanction.
756756 6 (J) A violation of subparagraph (D) of paragraph (1)
757757 7 of this subsection (d) is a Class 3 felony, for which a
758758 8 sentence of probation or conditional discharge may not be
759759 9 imposed.
760760 10 (3) Any person sentenced under this subsection (d) who
761761 11 receives a term of probation or conditional discharge must
762762 12 serve a minimum term of either 480 hours of community
763763 13 service or 10 days of imprisonment as a condition of the
764764 14 probation or conditional discharge in addition to any
765765 15 other criminal or administrative sanction.
766766 16 (e) Any reference to a prior violation of subsection (a)
767767 17 or a similar provision includes any violation of a provision
768768 18 of a local ordinance or a provision of a law of another state
769769 19 or an offense committed on a military installation that is
770770 20 similar to a violation of subsection (a) of this Section.
771771 21 (f) The imposition of a mandatory term of imprisonment or
772772 22 assignment of community service for a violation of this
773773 23 Section shall not be suspended or reduced by the court.
774774 24 (g) Any penalty imposed for driving with a license that
775775 25 has been revoked for a previous violation of subsection (a) of
776776 26 this Section shall be in addition to the penalty imposed for
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787787 1 any subsequent violation of subsection (a).
788788 2 (h) For any prosecution under this Section, a certified
789789 3 copy of the driving abstract of the defendant shall be
790790 4 admitted as proof of any prior conviction.
791791 5 (Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.)
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