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Illinois Senate Bill SB0285

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0285 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 SB0285 Introduced 1/24/2025, by Sen. Steve McClure SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501 Amends the Illinois Vehicle Code. Provides that a violation of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compounds, or any combination thereof, involving a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that results in the death of one person and great bodily harm or permanent disability or disfigurement of one or more other persons is a Class 2 felony punishable by a term of imprisonment of not less than 4 years and not more than 20 years. Provides that the Act may be referred to as Lindsey's Law. LRB104 03855 RLC 13879 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0285 Introduced 1/24/2025, by Sen. Steve McClure 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. Provides that a violation of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compounds, or any combination thereof, involving a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that results in the death of one person and great bodily harm or permanent disability or disfigurement of one or more other persons is a Class 2 felony punishable by a term of imprisonment of not less than 4 years and not more than 20 years. Provides that the Act may be referred to as Lindsey's Law. LRB104 03855 RLC 13879 b LRB104 03855 RLC 13879 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0285 Introduced 1/24/2025, by Sen. Steve McClure 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. Provides that a violation of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compounds, or any combination thereof, involving a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that results in the death of one person and great bodily harm or permanent disability or disfigurement of one or more other persons is a Class 2 felony punishable by a term of imprisonment of not less than 4 years and not more than 20 years. Provides that the Act may be referred to as Lindsey's Law.
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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 1. This Act may be referred to as Lindsey's Law.
1515 5 Section 5. The Illinois Vehicle Code is amended by
1616 6 changing Section 11-501 as follows:
1717 7 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
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
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3636 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0285 Introduced 1/24/2025, by Sen. Steve McClure SYNOPSIS AS INTRODUCED:
3737 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
3838 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
3939 Amends the Illinois Vehicle Code. Provides that a violation of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compounds, or any combination thereof, involving a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that results in the death of one person and great bodily harm or permanent disability or disfigurement of one or more other persons is a Class 2 felony punishable by a term of imprisonment of not less than 4 years and not more than 20 years. Provides that the Act may be referred to as Lindsey's Law.
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6767 1 incapable of safely driving;
6868 2 (5) under the combined influence of alcohol, other
6969 3 drug or drugs, or intoxicating compound or compounds to a
7070 4 degree that renders the person incapable of safely
7171 5 driving;
7272 6 (6) there is any amount of a drug, substance, or
7373 7 compound in the person's breath, blood, other bodily
7474 8 substance, or urine resulting from the unlawful use or
7575 9 consumption of a controlled substance listed in the
7676 10 Illinois Controlled Substances Act, an intoxicating
7777 11 compound listed in the Use of Intoxicating Compounds Act,
7878 12 or methamphetamine as listed in the Methamphetamine
7979 13 Control and Community Protection Act; or
8080 14 (7) the person has, within 2 hours of driving or being
8181 15 in actual physical control of a vehicle, a
8282 16 tetrahydrocannabinol concentration in the person's whole
8383 17 blood or other bodily substance as defined in paragraph 6
8484 18 of subsection (a) of Section 11-501.2 of this Code.
8585 19 Subject to all other requirements and provisions under
8686 20 this Section, this paragraph (7) does not apply to the
8787 21 lawful consumption of cannabis by a qualifying patient
8888 22 licensed under the Compassionate Use of Medical Cannabis
8989 23 Program Act who is in possession of a valid registry card
9090 24 issued under that Act, unless that person is impaired by
9191 25 the use of cannabis.
9292 26 (b) The fact that any person charged with violating this
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103103 1 Section is or has been legally entitled to use alcohol,
104104 2 cannabis under the Compassionate Use of Medical Cannabis
105105 3 Program Act, other drug or drugs, or intoxicating compound or
106106 4 compounds, or any combination thereof, shall not constitute a
107107 5 defense against any charge of violating this Section.
108108 6 (c) Penalties.
109109 7 (1) Except as otherwise provided in this Section, any
110110 8 person convicted of violating subsection (a) of this
111111 9 Section is guilty of a Class A misdemeanor.
112112 10 (2) A person who violates subsection (a) or a similar
113113 11 provision a second time shall be sentenced to a mandatory
114114 12 minimum term of either 5 days of imprisonment or 240 hours
115115 13 of community service in addition to any other criminal or
116116 14 administrative sanction.
117117 15 (3) A person who violates subsection (a) is subject to
118118 16 6 months of imprisonment, an additional mandatory minimum
119119 17 fine of $1,000, and 25 days of community service in a
120120 18 program benefiting children if the person was transporting
121121 19 a person under the age of 16 at the time of the violation.
122122 20 (4) A person who violates subsection (a) a first time,
123123 21 if the alcohol concentration in his or her blood, breath,
124124 22 other bodily substance, or urine was 0.16 or more based on
125125 23 the definition of blood, breath, other bodily substance,
126126 24 or urine units in Section 11-501.2, shall be subject, in
127127 25 addition to any other penalty that may be imposed, to a
128128 26 mandatory minimum of 100 hours of community service and a
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139139 1 mandatory minimum fine of $500.
140140 2 (5) A person who violates subsection (a) a second
141141 3 time, if at the time of the second violation the alcohol
142142 4 concentration in his or her blood, breath, other bodily
143143 5 substance, or urine was 0.16 or more based on the
144144 6 definition of blood, breath, other bodily substance, or
145145 7 urine units in Section 11-501.2, shall be subject, in
146146 8 addition to any other penalty that may be imposed, to a
147147 9 mandatory minimum of 2 days of imprisonment and a
148148 10 mandatory minimum fine of $1,250.
149149 11 (d) Aggravated driving under the influence of alcohol,
150150 12 other drug or drugs, or intoxicating compound or compounds, or
151151 13 any combination thereof.
152152 14 (1) Every person convicted of committing a violation
153153 15 of this Section shall be guilty of aggravated driving
154154 16 under the influence of alcohol, other drug or drugs, or
155155 17 intoxicating compound or compounds, or any combination
156156 18 thereof if:
157157 19 (A) the person committed a violation of subsection
158158 20 (a) or a similar provision for the third or subsequent
159159 21 time;
160160 22 (B) the person committed a violation of subsection
161161 23 (a) while driving a school bus with one or more
162162 24 passengers on board;
163163 25 (C) the person in committing a violation of
164164 26 subsection (a) was involved in a motor vehicle crash
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175175 1 that resulted in great bodily harm or permanent
176176 2 disability or disfigurement to another, when the
177177 3 violation was a proximate cause of the injuries;
178178 4 (D) the person committed a violation of subsection
179179 5 (a) and has been previously convicted of violating
180180 6 Section 9-3 of the Criminal Code of 1961 or the
181181 7 Criminal Code of 2012 or a similar provision of a law
182182 8 of another state relating to reckless homicide in
183183 9 which the person was determined to have been under the
184184 10 influence of alcohol, other drug or drugs, or
185185 11 intoxicating compound or compounds as an element of
186186 12 the offense or the person has previously been
187187 13 convicted under subparagraph (C) or subparagraph (F)
188188 14 of this paragraph (1);
189189 15 (E) the person, in committing a violation of
190190 16 subsection (a) while driving at any speed in a school
191191 17 speed zone at a time when a speed limit of 20 miles per
192192 18 hour was in effect under subsection (a) of Section
193193 19 11-605 of this Code, was involved in a motor vehicle
194194 20 crash that resulted in bodily harm, other than great
195195 21 bodily harm or permanent disability or disfigurement,
196196 22 to another person, when the violation of subsection
197197 23 (a) was a proximate cause of the bodily harm;
198198 24 (F) the person, in committing a violation of
199199 25 subsection (a), was involved in a motor vehicle crash
200200 26 or snowmobile, all-terrain vehicle, or watercraft
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211211 1 accident that resulted in the death of another person,
212212 2 when the violation of subsection (a) was a proximate
213213 3 cause of the death;
214214 4 (G) the person committed a violation of subsection
215215 5 (a) during a period in which the defendant's driving
216216 6 privileges are revoked or suspended, where the
217217 7 revocation or suspension was for a violation of
218218 8 subsection (a) or a similar provision, Section
219219 9 11-501.1, paragraph (b) of Section 11-401, or for
220220 10 reckless homicide as defined in Section 9-3 of the
221221 11 Criminal Code of 1961 or the Criminal Code of 2012;
222222 12 (H) the person committed the violation while he or
223223 13 she did not possess a driver's license or permit or a
224224 14 restricted driving permit or a judicial driving permit
225225 15 or a monitoring device driving permit;
226226 16 (I) the person committed the violation while he or
227227 17 she knew or should have known that the vehicle he or
228228 18 she was driving was not covered by a liability
229229 19 insurance policy;
230230 20 (J) the person in committing a violation of
231231 21 subsection (a) was involved in a motor vehicle crash
232232 22 that resulted in bodily harm, but not great bodily
233233 23 harm, to the child under the age of 16 being
234234 24 transported by the person, if the violation was the
235235 25 proximate cause of the injury;
236236 26 (K) the person in committing a second violation of
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247247 1 subsection (a) or a similar provision was transporting
248248 2 a person under the age of 16; or
249249 3 (L) the person committed a violation of subsection
250250 4 (a) of this Section while transporting one or more
251251 5 passengers in a vehicle for-hire.
252252 6 (2)(A) Except as provided otherwise, a person
253253 7 convicted of aggravated driving under the influence of
254254 8 alcohol, other drug or drugs, or intoxicating compound or
255255 9 compounds, or any combination thereof is guilty of a Class
256256 10 4 felony.
257257 11 (B) A third violation of this Section or a similar
258258 12 provision is a Class 2 felony. If at the time of the third
259259 13 violation the alcohol concentration in his or her blood,
260260 14 breath, other bodily substance, or urine was 0.16 or more
261261 15 based on the definition of blood, breath, other bodily
262262 16 substance, or urine units in Section 11-501.2, a mandatory
263263 17 minimum of 90 days of imprisonment and a mandatory minimum
264264 18 fine of $2,500 shall be imposed in addition to any other
265265 19 criminal or administrative sanction. If at the time of the
266266 20 third violation, the defendant was transporting a person
267267 21 under the age of 16, a mandatory fine of $25,000 and 25
268268 22 days of community service in a program benefiting children
269269 23 shall be imposed in addition to any other criminal or
270270 24 administrative sanction.
271271 25 (C) A fourth violation of this Section or a similar
272272 26 provision is a Class 2 felony, for which a sentence of
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283283 1 probation or conditional discharge may not be imposed. If
284284 2 at the time of the violation, the alcohol concentration in
285285 3 the defendant's blood, breath, other bodily substance, or
286286 4 urine was 0.16 or more based on the definition of blood,
287287 5 breath, other bodily substance, or urine units in Section
288288 6 11-501.2, a mandatory minimum fine of $5,000 shall be
289289 7 imposed in addition to any other criminal or
290290 8 administrative sanction. If at the time of the fourth
291291 9 violation, the defendant was transporting a person under
292292 10 the age of 16 a mandatory fine of $25,000 and 25 days of
293293 11 community service in a program benefiting children shall
294294 12 be imposed in addition to any other criminal or
295295 13 administrative sanction.
296296 14 (D) A fifth violation of this Section or a similar
297297 15 provision is a Class 1 felony, for which a sentence of
298298 16 probation or conditional discharge may not be imposed. If
299299 17 at the time of the violation, the alcohol concentration in
300300 18 the defendant's blood, breath, other bodily substance, or
301301 19 urine was 0.16 or more based on the definition of blood,
302302 20 breath, other bodily substance, or urine units in Section
303303 21 11-501.2, a mandatory minimum fine of $5,000 shall be
304304 22 imposed in addition to any other criminal or
305305 23 administrative sanction. If at the time of the fifth
306306 24 violation, the defendant was transporting a person under
307307 25 the age of 16, a mandatory fine of $25,000, and 25 days of
308308 26 community service in a program benefiting children shall
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319319 1 be imposed in addition to any other criminal or
320320 2 administrative sanction.
321321 3 (E) A sixth or subsequent violation of this Section or
322322 4 similar provision is a Class X felony. If at the time of
323323 5 the violation, the alcohol concentration in the
324324 6 defendant's blood, breath, other bodily substance, or
325325 7 urine was 0.16 or more based on the definition of blood,
326326 8 breath, other bodily substance, or urine units in Section
327327 9 11-501.2, a mandatory minimum fine of $5,000 shall be
328328 10 imposed in addition to any other criminal or
329329 11 administrative sanction. If at the time of the violation,
330330 12 the defendant was transporting a person under the age of
331331 13 16, a mandatory fine of $25,000 and 25 days of community
332332 14 service in a program benefiting children shall be imposed
333333 15 in addition to any other criminal or administrative
334334 16 sanction.
335335 17 (F) For a violation of subparagraph (C) of paragraph
336336 18 (1) of this subsection (d), the defendant, if sentenced to
337337 19 a term of imprisonment, shall be sentenced to not less
338338 20 than one year nor more than 12 years.
339339 21 (G) A violation of subparagraph (F) of paragraph (1)
340340 22 of this subsection (d) is a Class 2 felony, for which the
341341 23 defendant, unless the court determines that extraordinary
342342 24 circumstances exist and require probation, shall be
343343 25 sentenced to: (i) a term of imprisonment of not less than 3
344344 26 years and not more than 14 years if the violation resulted
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355355 1 in the death of one person; or (ii) a term of imprisonment
356356 2 of not less than 6 years and not more than 28 years if the
357357 3 violation resulted in the deaths of 2 or more persons; or
358358 4 (iii) a term of imprisonment of not less than 4 years and
359359 5 not more than 20 years if the violation resulted in the
360360 6 death of one person and great bodily harm or permanent
361361 7 disability or disfigurement of one or more other persons.
362362 8 (H) For a violation of subparagraph (J) of paragraph
363363 9 (1) of this subsection (d), a mandatory fine of $2,500,
364364 10 and 25 days of community service in a program benefiting
365365 11 children shall be imposed in addition to any other
366366 12 criminal or administrative sanction.
367367 13 (I) A violation of subparagraph (K) of paragraph (1)
368368 14 of this subsection (d), is a Class 2 felony and a mandatory
369369 15 fine of $2,500, and 25 days of community service in a
370370 16 program benefiting children shall be imposed in addition
371371 17 to any other criminal or administrative sanction. If the
372372 18 child being transported suffered bodily harm, but not
373373 19 great bodily harm, in a motor vehicle crash, and the
374374 20 violation was the proximate cause of that injury, a
375375 21 mandatory fine of $5,000 and 25 days of community service
376376 22 in a program benefiting children shall be imposed in
377377 23 addition to any other criminal or administrative sanction.
378378 24 (J) A violation of subparagraph (D) of paragraph (1)
379379 25 of this subsection (d) is a Class 3 felony, for which a
380380 26 sentence of probation or conditional discharge may not be
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