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
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
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.
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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Section 11-501 as follows:
6 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
7 (Text of Section before amendment by P.A. 102-982)
8 Sec. 11-501. Driving while under the influence of alcohol,
9 other drug or drugs, intoxicating compound or compounds or any
10 combination thereof.
11 (a) A person shall not drive or be in actual physical
12 control of any vehicle within this State while:
13 (1) the alcohol concentration in the person's blood,
14 other bodily substance, or breath is 0.08 or more based on
15 the definition of blood and breath units in Section
16 11-501.2;
17 (2) under the influence of alcohol;
18 (3) under the influence of any intoxicating compound
19 or combination of intoxicating compounds to a degree that
20 renders the person incapable of driving safely;
21 (4) under the influence of any other drug or
22 combination of drugs to a degree that renders the person
23 incapable of safely driving;
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
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.
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A BILL FOR
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
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1 (5) under the combined influence of alcohol, other
2 drug or drugs, or intoxicating compound or compounds to a
3 degree that renders the person incapable of safely
4 driving;
5 (6) there is any amount of a drug, substance, or
6 compound in the person's breath, blood, other bodily
7 substance, or urine resulting from the unlawful use or
8 consumption of a controlled substance listed in the
9 Illinois Controlled Substances Act, an intoxicating
10 compound listed in the Use of Intoxicating Compounds Act,
11 or methamphetamine as listed in the Methamphetamine
12 Control and Community Protection Act; or
13 (7) the person has, within 2 hours of driving or being
14 in actual physical control of a vehicle, a
15 tetrahydrocannabinol concentration in the person's whole
16 blood or other bodily substance as defined in paragraph 6
17 of subsection (a) of Section 11-501.2 of this Code.
18 Subject to all other requirements and provisions under
19 this Section, this paragraph (7) does not apply to the
20 lawful consumption of cannabis by a qualifying patient
21 licensed under the Compassionate Use of Medical Cannabis
22 Program Act who is in possession of a valid registry card
23 issued under that Act, unless that person is impaired by
24 the use of cannabis.
25 (b) The fact that any person charged with violating this
26 Section is or has been legally entitled to use alcohol,
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1 cannabis under the Compassionate Use of Medical Cannabis
2 Program Act, other drug or drugs, or intoxicating compound or
3 compounds, or any combination thereof, shall not constitute a
4 defense against any charge of violating this Section.
5 (c) Penalties.
6 (1) Except as otherwise provided in this Section, any
7 person convicted of violating subsection (a) of this
8 Section is guilty of a Class A misdemeanor.
9 (2) A person who violates subsection (a) or a similar
10 provision a second time shall be sentenced to a mandatory
11 minimum term of either 5 days of imprisonment or 240 hours
12 of community service in addition to any other criminal or
13 administrative sanction.
14 (3) A person who violates subsection (a) is subject to
15 6 months of imprisonment, an additional mandatory minimum
16 fine of $1,000, and 25 days of community service in a
17 program benefiting children if the person was transporting
18 a person under the age of 16 at the time of the violation.
19 (4) A person who violates subsection (a) a first time,
20 if the alcohol concentration in his or her blood, breath,
21 other bodily substance, or urine was 0.16 or more based on
22 the definition of blood, breath, other bodily substance,
23 or urine units in Section 11-501.2, shall be subject, in
24 addition to any other penalty that may be imposed, to a
25 mandatory minimum of 100 hours of community service and a
26 mandatory minimum fine of $500.
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1 (5) A person who violates subsection (a) a second
2 time, if at the time of the second violation the alcohol
3 concentration in his or her blood, breath, other bodily
4 substance, or urine was 0.16 or more based on the
5 definition of blood, breath, other bodily substance, or
6 urine units in Section 11-501.2, shall be subject, in
7 addition to any other penalty that may be imposed, to a
8 mandatory minimum of 2 days of imprisonment and a
9 mandatory minimum fine of $1,250.
10 (d) Aggravated driving under the influence of alcohol,
11 other drug or drugs, or intoxicating compound or compounds, or
12 any combination thereof.
13 (1) Every person convicted of committing a violation
14 of this Section shall be guilty of aggravated driving
15 under the influence of alcohol, other drug or drugs, or
16 intoxicating compound or compounds, or any combination
17 thereof if:
18 (A) the person committed a violation of subsection
19 (a) or a similar provision for the third or subsequent
20 time;
21 (B) the person committed a violation of subsection
22 (a) while driving a school bus with one or more
23 passengers on board;
24 (C) the person in committing a violation of
25 subsection (a) was involved in a motor vehicle
26 accident that resulted in great bodily harm or
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1 permanent disability or disfigurement to another, when
2 the violation was a proximate cause of the injuries;
3 (D) the person committed a violation of subsection
4 (a) and has been previously convicted of violating
5 Section 9-3 of the Criminal Code of 1961 or the
6 Criminal Code of 2012 or a similar provision of a law
7 of another state relating to reckless homicide in
8 which the person was determined to have been under the
9 influence of alcohol, other drug or drugs, or
10 intoxicating compound or compounds as an element of
11 the offense or the person has previously been
12 convicted under subparagraph (C) or subparagraph (F)
13 of this paragraph (1);
14 (E) the person, in committing a violation of
15 subsection (a) while driving at any speed in a school
16 speed zone at a time when a speed limit of 20 miles per
17 hour was in effect under subsection (a) of Section
18 11-605 of this Code, was involved in a motor vehicle
19 accident that resulted in bodily harm, other than
20 great bodily harm or permanent disability or
21 disfigurement, to another person, when the violation
22 of subsection (a) was a proximate cause of the bodily
23 harm;
24 (F) the person, in committing a violation of
25 subsection (a), was involved in a motor vehicle,
26 snowmobile, all-terrain vehicle, or watercraft
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1 accident that resulted in the death of another person,
2 when the violation of subsection (a) was a proximate
3 cause of the death;
4 (G) the person committed a violation of subsection
5 (a) during a period in which the defendant's driving
6 privileges are revoked or suspended, where the
7 revocation or suspension was for a violation of
8 subsection (a) or a similar provision, Section
9 11-501.1, paragraph (b) of Section 11-401, or for
10 reckless homicide as defined in Section 9-3 of the
11 Criminal Code of 1961 or the Criminal Code of 2012;
12 (H) the person committed the violation while he or
13 she did not possess a driver's license or permit or a
14 restricted driving permit or a judicial driving permit
15 or a monitoring device driving permit;
16 (I) the person committed the violation while he or
17 she knew or should have known that the vehicle he or
18 she was driving was not covered by a liability
19 insurance policy;
20 (J) the person in committing a violation of
21 subsection (a) was involved in a motor vehicle
22 accident that resulted in bodily harm, but not great
23 bodily harm, to the child under the age of 16 being
24 transported by the person, if the violation was the
25 proximate cause of the injury;
26 (K) the person in committing a second violation of
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1 subsection (a) or a similar provision was transporting
2 a person under the age of 16; or
3 (L) the person committed a violation of subsection
4 (a) of this Section while transporting one or more
5 passengers in a vehicle for-hire.
6 (2)(A) Except as provided otherwise, a person
7 convicted of aggravated driving under the influence of
8 alcohol, other drug or drugs, or intoxicating compound or
9 compounds, or any combination thereof is guilty of a Class
10 4 felony.
11 (B) A third violation of this Section or a similar
12 provision is a Class 2 felony. If at the time of the third
13 violation the alcohol concentration in his or her blood,
14 breath, other bodily substance, or urine was 0.16 or more
15 based on the definition of blood, breath, other bodily
16 substance, or urine units in Section 11-501.2, a mandatory
17 minimum of 90 days of imprisonment and a mandatory minimum
18 fine of $2,500 shall be imposed in addition to any other
19 criminal or administrative sanction. If at the time of the
20 third violation, the defendant was transporting a person
21 under the age of 16, a mandatory fine of $25,000 and 25
22 days of community service in a program benefiting children
23 shall be imposed in addition to any other criminal or
24 administrative sanction.
25 (C) A fourth violation of this Section or a similar
26 provision is a Class 2 felony, for which a sentence of
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1 probation or conditional discharge may not be imposed. If
2 at the time of the violation, the alcohol concentration in
3 the defendant's blood, breath, other bodily substance, or
4 urine was 0.16 or more based on the definition of blood,
5 breath, other bodily substance, or urine units in Section
6 11-501.2, a mandatory minimum fine of $5,000 shall be
7 imposed in addition to any other criminal or
8 administrative sanction. If at the time of the fourth
9 violation, the defendant was transporting a person under
10 the age of 16 a mandatory fine of $25,000 and 25 days of
11 community service in a program benefiting children shall
12 be imposed in addition to any other criminal or
13 administrative sanction.
14 (D) A fifth violation of this Section or a similar
15 provision is a Class 1 felony, for which a sentence of
16 probation or conditional discharge may not be imposed. If
17 at the time of the violation, the alcohol concentration in
18 the defendant's blood, breath, other bodily substance, or
19 urine was 0.16 or more based on the definition of blood,
20 breath, other bodily substance, or urine units in Section
21 11-501.2, a mandatory minimum fine of $5,000 shall be
22 imposed in addition to any other criminal or
23 administrative sanction. If at the time of the fifth
24 violation, the defendant was transporting a person under
25 the age of 16, a mandatory fine of $25,000, and 25 days of
26 community service in a program benefiting children shall
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1 be imposed in addition to any other criminal or
2 administrative sanction.
3 (E) A sixth or subsequent violation of this Section or
4 similar provision is a Class X felony. If at the time of
5 the violation, the alcohol concentration in the
6 defendant's blood, breath, other bodily substance, or
7 urine was 0.16 or more based on the definition of blood,
8 breath, other bodily substance, or urine units in Section
9 11-501.2, a mandatory minimum fine of $5,000 shall be
10 imposed in addition to any other criminal or
11 administrative sanction. If at the time of the violation,
12 the defendant was transporting a person under the age of
13 16, a mandatory fine of $25,000 and 25 days of community
14 service in a program benefiting children shall be imposed
15 in addition to any other criminal or administrative
16 sanction.
17 (F) For a violation of subparagraph (C) of paragraph
18 (1) of this subsection (d), the defendant, if sentenced to
19 a term of imprisonment, shall be sentenced to not less
20 than one year nor more than 12 years.
21 (G) A violation of subparagraph (F) of paragraph (1)
22 of this subsection (d) is a Class 2 felony, for which the
23 defendant, unless the court determines that extraordinary
24 circumstances exist and require probation, shall be
25 sentenced to: (i) a term of imprisonment of not less than 3
26 years and not more than 14 years if the violation resulted
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1 in the death of one person; or (ii) a term of imprisonment
2 of not less than 6 years and not more than 28 years if the
3 violation resulted in the deaths of 2 or more persons.
4 (H) For a violation of subparagraph (J) of paragraph
5 (1) of this subsection (d), a mandatory fine of $2,500,
6 and 25 days of community service in a program benefiting
7 children shall be imposed in addition to any other
8 criminal or administrative sanction.
9 (I) A violation of subparagraph (K) of paragraph (1)
10 of this subsection (d), is a Class 2 felony and a mandatory
11 fine of $2,500, and 25 days of community service in a
12 program benefiting children shall be imposed in addition
13 to any other criminal or administrative sanction. If the
14 child being transported suffered bodily harm, but not
15 great bodily harm, in a motor vehicle accident, and the
16 violation was the proximate cause of that injury, a
17 mandatory fine of $5,000 and 25 days of community service
18 in a program benefiting children shall be imposed in
19 addition to any other criminal or administrative sanction.
20 (J) A violation of subparagraph (D) of paragraph (1)
21 of this subsection (d) is a Class 3 felony, for which a
22 sentence of probation or conditional discharge may not be
23 imposed.
24 (3) Any person sentenced under this subsection (d) who
25 receives a term of probation or conditional discharge must
26 serve a minimum term of either 480 hours of community
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1 service or 10 days of imprisonment as a condition of the
2 probation or conditional discharge in addition to any
3 other criminal or administrative sanction.
4 (e) Any reference to a prior violation of subsection (a)
5 or a similar provision includes any violation of a provision
6 of a local ordinance or a provision of a law of another state
7 or an offense committed on a military installation that is
8 similar to a violation of subsection (a) of this Section.
9 (f) The imposition of a mandatory term of imprisonment or
10 assignment of community service for a violation of this
11 Section shall not be suspended or reduced by the court.
12 (g) Any penalty imposed for driving with a license that
13 has been revoked for a previous violation of subsection (a) of
14 this Section shall be in addition to the penalty imposed for
15 any subsequent violation of subsection (a).
16 (h) For any prosecution under this Section, a certified
17 copy of the driving abstract of the defendant shall be
18 admitted as proof of any prior conviction.
19 (Source: P.A. 101-363, eff. 8-9-19.)
20 (Text of Section after amendment by P.A. 102-982)
21 Sec. 11-501. Driving while under the influence of alcohol,
22 other drug or drugs, intoxicating compound or compounds or any
23 combination thereof.
24 (a) A person shall not drive or be in actual physical
25 control of any vehicle within this State while:
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1 (1) the alcohol concentration in the person's blood,
2 other bodily substance, or breath is 0.08 or more based on
3 the definition of blood and breath units in Section
4 11-501.2;
5 (2) under the influence of alcohol;
6 (3) under the influence of any intoxicating compound
7 or combination of intoxicating compounds to a degree that
8 renders the person incapable of driving safely;
9 (4) under the influence of any other drug or
10 combination of drugs to a degree that renders the person
11 incapable of safely driving;
12 (5) under the combined influence of alcohol, cannabis,
13 other drug or drugs, or intoxicating compound or compounds
14 to a degree that renders the person incapable of safely
15 driving;
16 (6) there is any amount of a drug, substance, or
17 compound in the person's breath, blood, other bodily
18 substance, or urine resulting from the unlawful use or
19 consumption of a controlled substance listed in the
20 Illinois Controlled Substances Act, an intoxicating
21 compound listed in the Use of Intoxicating Compounds Act,
22 or methamphetamine as listed in the Methamphetamine
23 Control and Community Protection Act; or
24 (7) the person has, within 2 hours of driving or being
25 in actual physical control of a vehicle, a
26 tetrahydrocannabinol concentration in the person's whole
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1 blood or other bodily substance as defined in paragraph 6
2 of subsection (a) of Section 11-501.2 of this Code.
3 Subject to all other requirements and provisions under
4 this Section, this paragraph (7) does not apply to the
5 lawful consumption of cannabis by a qualifying patient
6 licensed under the Compassionate Use of Medical Cannabis
7 Program Act who is in possession of a valid registry card
8 issued under that Act, unless that person is impaired by
9 the use of cannabis; or
10 (8) under the influence of cannabis to a degree that
11 renders the person incapable of safely driving.
12 (b) The fact that any person charged with violating this
13 Section is or has been legally entitled to use alcohol,
14 cannabis under the Compassionate Use of Medical Cannabis
15 Program Act, other drug or drugs, or intoxicating compound or
16 compounds, or any combination thereof, shall not constitute a
17 defense against any charge of violating this Section.
18 (c) Penalties.
19 (1) Except as otherwise provided in this Section, any
20 person convicted of violating subsection (a) of this
21 Section is guilty of a Class A misdemeanor.
22 (2) A person who violates subsection (a) or a similar
23 provision a second time shall be sentenced to a mandatory
24 minimum term of either 5 days of imprisonment or 240 hours
25 of community service in addition to any other criminal or
26 administrative sanction.
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1 (3) A person who violates subsection (a) is subject to
2 6 months of imprisonment, an additional mandatory minimum
3 fine of $1,000, and 25 days of community service in a
4 program benefiting children if the person was transporting
5 a person under the age of 16 at the time of the violation.
6 (4) A person who violates subsection (a) a first time,
7 if the alcohol concentration in his or her blood, breath,
8 other bodily substance, or urine was 0.16 or more based on
9 the definition of blood, breath, other bodily substance,
10 or urine units in Section 11-501.2, shall be subject, in
11 addition to any other penalty that may be imposed, to a
12 mandatory minimum of 100 hours of community service and a
13 mandatory minimum fine of $500.
14 (5) A person who violates subsection (a) a second
15 time, if at the time of the second violation the alcohol
16 concentration in his or her blood, breath, other bodily
17 substance, or urine was 0.16 or more based on the
18 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 2 days of imprisonment and a
22 mandatory minimum fine of $1,250.
23 (d) Aggravated driving under the influence of alcohol,
24 other drug or drugs, or intoxicating compound or compounds, or
25 any combination thereof.
26 (1) Every person convicted of committing a violation
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1 of this Section shall be guilty of aggravated driving
2 under the influence of alcohol, other drug or drugs, or
3 intoxicating compound or compounds, or any combination
4 thereof if:
5 (A) the person committed a violation of subsection
6 (a) or a similar provision for the third or subsequent
7 time;
8 (B) the person committed a violation of subsection
9 (a) while driving a school bus with one or more
10 passengers on board;
11 (C) the person in committing a violation of
12 subsection (a) was involved in a motor vehicle crash
13 that resulted in great bodily harm or permanent
14 disability or disfigurement to another, when the
15 violation was a proximate cause of the injuries;
16 (D) the person committed a violation of subsection
17 (a) and has been previously convicted of violating
18 Section 9-3 of the Criminal Code of 1961 or the
19 Criminal Code of 2012 or a similar provision of a law
20 of another state relating to reckless homicide in
21 which the person was determined to have been under the
22 influence of alcohol, other drug or drugs, or
23 intoxicating compound or compounds as an element of
24 the offense or the person has previously been
25 convicted under subparagraph (C) or subparagraph (F)
26 of this paragraph (1);
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1 (E) the person, in committing a violation of
2 subsection (a) while driving at any speed in a school
3 speed zone at a time when a speed limit of 20 miles per
4 hour was in effect under subsection (a) of Section
5 11-605 of this Code, was involved in a motor vehicle
6 crash that resulted in bodily harm, other than great
7 bodily harm or permanent disability or disfigurement,
8 to another person, when the violation of subsection
9 (a) was a proximate cause of the bodily harm;
10 (F) the person, in committing a violation of
11 subsection (a), was involved in a motor vehicle crash
12 or snowmobile, all-terrain vehicle, or watercraft
13 accident that resulted in the death of another person,
14 when the violation of subsection (a) was a proximate
15 cause of the death;
16 (G) the person committed a violation of subsection
17 (a) during a period in which the defendant's driving
18 privileges are revoked or suspended, where the
19 revocation or suspension was for a violation of
20 subsection (a) or a similar provision, Section
21 11-501.1, paragraph (b) of Section 11-401, or for
22 reckless homicide as defined in Section 9-3 of the
23 Criminal Code of 1961 or the Criminal Code of 2012;
24 (H) the person committed the violation while he or
25 she did not possess a driver's license or permit or a
26 restricted driving permit or a judicial driving permit
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1 or a monitoring device driving permit;
2 (I) the person committed the violation while he or
3 she knew or should have known that the vehicle he or
4 she was driving was not covered by a liability
5 insurance policy;
6 (J) the person in committing a violation of
7 subsection (a) was involved in a motor vehicle crash
8 that resulted in bodily harm, but not great bodily
9 harm, to the child under the age of 16 being
10 transported by the person, if the violation was the
11 proximate cause of the injury;
12 (K) the person in committing a second violation of
13 subsection (a) or a similar provision was transporting
14 a person under the age of 16; or
15 (L) the person committed a violation of subsection
16 (a) of this Section while transporting one or more
17 passengers in a vehicle for-hire.
18 (2)(A) Except as provided otherwise, a person
19 convicted of aggravated driving under the influence of
20 alcohol, other drug or drugs, or intoxicating compound or
21 compounds, or any combination thereof is guilty of a Class
22 4 felony.
23 (B) A third violation of this Section or a similar
24 provision is a Class 2 felony. If at the time of the third
25 violation the alcohol concentration in his or her blood,
26 breath, other bodily substance, or urine was 0.16 or more
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1 based on the definition of blood, breath, other bodily
2 substance, or urine units in Section 11-501.2, a mandatory
3 minimum of 90 days of imprisonment and a mandatory minimum
4 fine of $2,500 shall be imposed in addition to any other
5 criminal or administrative sanction. If at the time of the
6 third violation, the defendant was transporting a person
7 under the age of 16, a mandatory fine of $25,000 and 25
8 days of community service in a program benefiting children
9 shall be imposed in addition to any other criminal or
10 administrative sanction.
11 (C) A fourth violation of this Section or a similar
12 provision is a Class 2 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
20 administrative sanction. If at the time of the fourth
21 violation, the defendant was transporting a person under
22 the age of 16 a mandatory fine of $25,000 and 25 days of
23 community service in a program benefiting children shall
24 be imposed in addition to any other criminal or
25 administrative sanction.
26 (D) A fifth violation of this Section or a similar
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1 provision is a Class 1 felony, for which a sentence of
2 probation or conditional discharge may not be imposed. If
3 at the time of the violation, the alcohol concentration in
4 the defendant's blood, breath, other bodily substance, or
5 urine was 0.16 or more based on the definition of blood,
6 breath, other bodily substance, or urine units in Section
7 11-501.2, a mandatory minimum fine of $5,000 shall be
8 imposed in addition to any other criminal or
9 administrative sanction. If at the time of the fifth
10 violation, the defendant was transporting a person under
11 the age of 16, a mandatory fine of $25,000, and 25 days of
12 community service in a program benefiting children shall
13 be imposed in addition to any other criminal or
14 administrative sanction.
15 (E) A sixth or subsequent violation of this Section or
16 similar provision is a Class X felony. If at the time of
17 the violation, the alcohol concentration in the
18 defendant's blood, breath, other bodily substance, or
19 urine was 0.16 or more based on the definition of blood,
20 breath, other bodily substance, or urine units in Section
21 11-501.2, a mandatory minimum fine of $5,000 shall be
22 imposed in addition to any other criminal or
23 administrative sanction. If at the time of the violation,
24 the defendant was transporting a person under the age of
25 16, a mandatory fine of $25,000 and 25 days of community
26 service in a program benefiting children shall be imposed
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1 in addition to any other criminal or administrative
2 sanction.
3 (F) For a violation of subparagraph (C) of paragraph
4 (1) of this subsection (d), the defendant, if sentenced to
5 a term of imprisonment, shall be sentenced to not less
6 than one year nor more than 12 years.
7 (G) A violation of subparagraph (F) of paragraph (1)
8 of this subsection (d) is a Class 2 felony, for which the
9 defendant, unless the court determines that extraordinary
10 circumstances exist and require probation, shall be
11 sentenced to: (i) a term of imprisonment of not less than 3
12 years and not more than 14 years if the violation resulted
13 in the death of one person; or (ii) a term of imprisonment
14 of not less than 6 years and not more than 28 years if the
15 violation resulted in the deaths of 2 or more persons.
16 (H) For a violation of subparagraph (J) of paragraph
17 (1) of this subsection (d), a mandatory fine of $2,500,
18 and 25 days of community service in a program benefiting
19 children shall be imposed in addition to any other
20 criminal or administrative sanction.
21 (I) A violation of subparagraph (K) of paragraph (1)
22 of this subsection (d), is a Class 2 felony and a mandatory
23 fine of $2,500, and 25 days of community service in a
24 program benefiting children shall be imposed in addition
25 to any other criminal or administrative sanction. If the
26 child being transported suffered bodily harm, but not
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1 great bodily harm, in a motor vehicle crash, and the
2 violation was the proximate cause of that injury, a
3 mandatory fine of $5,000 and 25 days of community service
4 in a program benefiting children shall be imposed in
5 addition to any other criminal or administrative sanction.
6 (J) A violation of subparagraph (D) of paragraph (1)
7 of this subsection (d) is a Class 3 felony, for which a
8 sentence of probation or conditional discharge may not be
9 imposed.
10 (3) Any person sentenced under this subsection (d) who
11 receives a term of probation or conditional discharge must
12 serve a minimum term of either 480 hours of community
13 service or 10 days of imprisonment as a condition of the
14 probation or conditional discharge in addition to any
15 other criminal or administrative sanction.
16 (e) Any reference to a prior violation of subsection (a)
17 or a similar provision includes any violation of a provision
18 of a local ordinance or a provision of a law of another state
19 or an offense committed on a military installation that is
20 similar to a violation of subsection (a) of this Section.
21 (f) The imposition of a mandatory term of imprisonment or
22 assignment of community service for a violation of this
23 Section shall not be suspended or reduced by the court.
24 (g) Any penalty imposed for driving with a license that
25 has been revoked for a previous violation of subsection (a) of
26 this Section shall be in addition to the penalty imposed for
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1 any subsequent violation of subsection (a).
2 (h) For any prosecution under this Section, a certified
3 copy of the driving abstract of the defendant shall be
4 admitted as proof of any prior conviction.
5 (Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.)
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