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Illinois House Bill HB2416

Illinois 2025-2026 Regular Session

Illinois House Bill HB2416 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2416 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. LRB104 06003 LNS 16036 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2416 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. LRB104 06003 LNS 16036 b LRB104 06003 LNS 16036 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2416 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 Sec. 11-501. Driving while under the influence of alcohol,
1818 8 other drug or drugs, intoxicating compound or compounds or any
1919 9 combination thereof.
2020 10 (a) A person shall not drive or be in actual physical
2121 11 control of any vehicle within this State while:
2222 12 (1) the alcohol concentration in the person's blood,
2323 13 other bodily substance, or breath is 0.08 or more based on
2424 14 the definition of blood and breath units in Section
2525 15 11-501.2;
2626 16 (2) under the influence of alcohol;
2727 17 (3) under the influence of any intoxicating compound
2828 18 or combination of intoxicating compounds to a degree that
2929 19 renders the person incapable of driving safely;
3030 20 (4) under the influence of any other drug or
3131 21 combination of drugs to a degree that renders the person
3232 22 incapable of safely driving;
3333 23 (5) under the combined influence of alcohol, cannabis,
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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 other drug or drugs, or intoxicating compound or compounds
6969 2 to a degree that renders the person incapable of safely
7070 3 driving;
7171 4 (6) there is any amount of a drug, substance, or
7272 5 compound in the person's breath, blood, other bodily
7373 6 substance, or urine resulting from the unlawful use or
7474 7 consumption of a controlled substance listed in the
7575 8 Illinois Controlled Substances Act, an intoxicating
7676 9 compound listed in the Use of Intoxicating Compounds Act,
7777 10 or methamphetamine as listed in the Methamphetamine
7878 11 Control and Community Protection Act; or
7979 12 (7) the person has, within 2 hours of driving or being
8080 13 in actual physical control of a vehicle, a
8181 14 tetrahydrocannabinol concentration in the person's whole
8282 15 blood or other bodily substance as defined in paragraph 6
8383 16 of subsection (a) of Section 11-501.2 of this Code.
8484 17 Subject to all other requirements and provisions under
8585 18 this Section, this paragraph (7) does not apply to the
8686 19 lawful consumption of cannabis by a qualifying patient
8787 20 licensed under the Compassionate Use of Medical Cannabis
8888 21 Program Act who is in possession of a valid registry card
8989 22 issued under that Act, unless that person is impaired by
9090 23 the use of cannabis; or .
9191 24 (8) under the influence of cannabis to a degree that
9292 25 renders the person incapable of safely driving.
9393 26 (b) The fact that any person charged with violating this
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104104 1 Section is or has been legally entitled to use alcohol,
105105 2 cannabis under the Compassionate Use of Medical Cannabis
106106 3 Program Act, other drug or drugs, or intoxicating compound or
107107 4 compounds, or any combination thereof, shall not constitute a
108108 5 defense against any charge of violating this Section.
109109 6 (c) Penalties.
110110 7 (1) Except as otherwise provided in this Section, any
111111 8 person convicted of violating subsection (a) of this
112112 9 Section is guilty of a Class A misdemeanor.
113113 10 (2) A person who violates subsection (a) or a similar
114114 11 provision a second time shall be sentenced to a mandatory
115115 12 minimum term of either 5 days of imprisonment or 240 hours
116116 13 of community service in addition to any other criminal or
117117 14 administrative sanction.
118118 15 (3) A person who violates subsection (a) is subject to
119119 16 6 months of imprisonment, an additional mandatory minimum
120120 17 fine of $1,000, and 25 days of community service in a
121121 18 program benefiting children if the person was transporting
122122 19 a person under the age of 16 at the time of the violation.
123123 20 (4) A person who violates subsection (a) a first time,
124124 21 if the alcohol concentration in his or her blood, breath,
125125 22 other bodily substance, or urine was 0.16 or more based on
126126 23 the definition of blood, breath, other bodily substance,
127127 24 or urine units in Section 11-501.2, shall be subject, in
128128 25 addition to any other penalty that may be imposed, to a
129129 26 mandatory minimum of 100 hours of community service and a
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140140 1 mandatory minimum fine of $500.
141141 2 (5) A person who violates subsection (a) a second
142142 3 time, if at the time of the second violation the alcohol
143143 4 concentration in his or her blood, breath, other bodily
144144 5 substance, or urine was 0.16 or more based on the
145145 6 definition of blood, breath, other bodily substance, or
146146 7 urine units in Section 11-501.2, shall be subject, in
147147 8 addition to any other penalty that may be imposed, to a
148148 9 mandatory minimum of 2 days of imprisonment and a
149149 10 mandatory minimum fine of $1,250.
150150 11 (d) Aggravated driving under the influence of alcohol,
151151 12 other drug or drugs, or intoxicating compound or compounds, or
152152 13 any combination thereof.
153153 14 (1) Every person convicted of committing a violation
154154 15 of this Section shall be guilty of aggravated driving
155155 16 under the influence of alcohol, other drug or drugs, or
156156 17 intoxicating compound or compounds, or any combination
157157 18 thereof if:
158158 19 (A) the person committed a violation of subsection
159159 20 (a) or a similar provision for the third or subsequent
160160 21 time;
161161 22 (B) the person committed a violation of subsection
162162 23 (a) while driving a school bus with one or more
163163 24 passengers on board;
164164 25 (C) the person in committing a violation of
165165 26 subsection (a) was involved in a motor vehicle crash
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176176 1 that resulted in great bodily harm or permanent
177177 2 disability or disfigurement to another, when the
178178 3 violation was a proximate cause of the injuries;
179179 4 (D) the person committed a violation of subsection
180180 5 (a) and has been previously convicted of violating
181181 6 Section 9-3 of the Criminal Code of 1961 or the
182182 7 Criminal Code of 2012 or a similar provision of a law
183183 8 of another state relating to reckless homicide in
184184 9 which the person was determined to have been under the
185185 10 influence of alcohol, other drug or drugs, or
186186 11 intoxicating compound or compounds as an element of
187187 12 the offense or the person has previously been
188188 13 convicted under subparagraph (C) or subparagraph (F)
189189 14 of this paragraph (1);
190190 15 (E) the person, in committing a violation of
191191 16 subsection (a) while driving at any speed in a school
192192 17 speed zone at a time when a speed limit of 20 miles per
193193 18 hour was in effect under subsection (a) of Section
194194 19 11-605 of this Code, was involved in a motor vehicle
195195 20 crash that resulted in bodily harm, other than great
196196 21 bodily harm or permanent disability or disfigurement,
197197 22 to another person, when the violation of subsection
198198 23 (a) was a proximate cause of the bodily harm;
199199 24 (F) the person, in committing a violation of
200200 25 subsection (a), was involved in a motor vehicle crash
201201 26 or 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 crash
233233 22 that resulted in bodily harm, but not great bodily
234234 23 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 crash, 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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