Bill Text: IL SB1405 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced) 2023-05-16 - Added as Co-Sponsor Sen. Seth Lewis [SB1405 Detail]
Download: Illinois-2023-SB1405-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. This Act may be referred to as Lindsey's Law.
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5 | Section 5. The Illinois Vehicle Code is amended by | |||||||||||||||||||
6 | changing Section 11-501 as follows:
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7 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | |||||||||||||||||||
8 | (Text of Section before amendment by P.A. 102-982 ) | |||||||||||||||||||
9 | Sec. 11-501. Driving while under the influence of alcohol, | |||||||||||||||||||
10 | other drug or drugs, intoxicating compound or compounds or any | |||||||||||||||||||
11 | combination thereof.
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12 | (a) A person shall not drive or be in actual physical | |||||||||||||||||||
13 | control of any vehicle within this State while: | |||||||||||||||||||
14 | (1) the alcohol concentration in the person's blood, | |||||||||||||||||||
15 | other bodily substance, or breath is 0.08 or more based on | |||||||||||||||||||
16 | the definition of blood and breath units in Section | |||||||||||||||||||
17 | 11-501.2; | |||||||||||||||||||
18 | (2) under the influence of alcohol; | |||||||||||||||||||
19 | (3) under the influence of any intoxicating compound | |||||||||||||||||||
20 | or combination of intoxicating compounds to a degree that | |||||||||||||||||||
21 | renders the person incapable of driving safely; | |||||||||||||||||||
22 | (4) under the influence of any other drug or |
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1 | combination of drugs to a degree that renders the person | ||||||
2 | incapable of safely driving; | ||||||
3 | (5) under the combined influence of alcohol, other | ||||||
4 | drug or drugs, or intoxicating compound or compounds to a | ||||||
5 | degree that renders the person incapable of safely | ||||||
6 | driving; | ||||||
7 | (6) there is any amount of a drug, substance, or | ||||||
8 | compound in the person's breath, blood, other bodily | ||||||
9 | substance, or urine resulting from the unlawful use or | ||||||
10 | consumption of a controlled substance listed in the | ||||||
11 | Illinois Controlled Substances Act, an intoxicating | ||||||
12 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
13 | or methamphetamine as listed in the Methamphetamine | ||||||
14 | Control and Community Protection Act; or | ||||||
15 | (7) the person has, within 2 hours of driving or being | ||||||
16 | in actual physical control of a vehicle, a | ||||||
17 | tetrahydrocannabinol concentration in the person's whole | ||||||
18 | blood or other bodily substance as defined in paragraph 6 | ||||||
19 | of subsection (a) of Section 11-501.2 of this Code.
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20 | Subject to all other requirements and provisions under | ||||||
21 | this Section, this paragraph (7) does not apply to the | ||||||
22 | lawful consumption of cannabis by a qualifying patient | ||||||
23 | licensed under the Compassionate Use of Medical Cannabis | ||||||
24 | Program Act who is in possession of a valid registry card | ||||||
25 | issued under that Act, unless that person is impaired by | ||||||
26 | the use of cannabis. |
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1 | (b) The fact that any person charged with violating this | ||||||
2 | Section is or has been legally entitled to use alcohol, | ||||||
3 | cannabis under the Compassionate Use of Medical Cannabis | ||||||
4 | Program Act, other drug or drugs, or intoxicating compound or | ||||||
5 | compounds, or any combination thereof, shall not constitute a | ||||||
6 | defense against any charge of violating this Section. | ||||||
7 | (c) Penalties. | ||||||
8 | (1) Except as otherwise provided in this Section, any | ||||||
9 | person convicted of violating subsection (a) of this | ||||||
10 | Section is guilty of a Class A misdemeanor. | ||||||
11 | (2) A person who violates subsection (a) or a similar | ||||||
12 | provision a second time shall be sentenced to a mandatory | ||||||
13 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
14 | of community service in addition to any other criminal or | ||||||
15 | administrative sanction. | ||||||
16 | (3) A person who violates subsection (a) is subject to | ||||||
17 | 6 months of imprisonment, an additional mandatory minimum | ||||||
18 | fine of $1,000, and 25 days of community service in a | ||||||
19 | program benefiting children if the person was transporting | ||||||
20 | a person under the age of 16 at the time of the violation. | ||||||
21 | (4) A person who violates subsection (a) a first time, | ||||||
22 | if the alcohol concentration in his or her blood, breath, | ||||||
23 | other bodily substance, or urine was 0.16 or more based on | ||||||
24 | the definition of blood, breath, other bodily substance, | ||||||
25 | or urine units in Section 11-501.2, shall be subject, in | ||||||
26 | addition to any other penalty that may be imposed, to a |
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1 | mandatory minimum of 100 hours of community service and a | ||||||
2 | mandatory minimum fine of $500. | ||||||
3 | (5) A person who violates subsection (a) a second | ||||||
4 | time, if at the time of the second violation the alcohol | ||||||
5 | concentration in his or her blood, breath, other bodily | ||||||
6 | substance, or urine was 0.16 or more based on the | ||||||
7 | definition of blood, breath, other bodily substance, or | ||||||
8 | urine units in Section 11-501.2, shall be subject, in | ||||||
9 | addition to any other penalty that may be imposed, to a | ||||||
10 | mandatory minimum of 2 days of imprisonment and a | ||||||
11 | mandatory minimum fine of $1,250. | ||||||
12 | (d) Aggravated driving under the influence of alcohol, | ||||||
13 | other drug or drugs, or intoxicating compound or compounds, or | ||||||
14 | any combination thereof.
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15 | (1) Every person convicted of committing a violation | ||||||
16 | of this Section shall be guilty of aggravated driving | ||||||
17 | under the influence of alcohol, other drug or drugs, or | ||||||
18 | intoxicating compound or compounds, or any combination | ||||||
19 | thereof if: | ||||||
20 | (A) the person committed a violation of subsection | ||||||
21 | (a) or a similar provision for the third or subsequent | ||||||
22 | time; | ||||||
23 | (B) the person committed a violation of subsection | ||||||
24 | (a) while driving a school bus with one or more | ||||||
25 | passengers on board; | ||||||
26 | (C) the person in committing a violation of |
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1 | subsection (a) was involved in a motor vehicle | ||||||
2 | accident that resulted in great bodily harm or | ||||||
3 | permanent disability or disfigurement to another, when | ||||||
4 | the violation was a proximate cause of the injuries; | ||||||
5 | (D) the person committed a violation of subsection | ||||||
6 | (a) and has been previously convicted of violating | ||||||
7 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012 or a similar provision of a law | ||||||
9 | of another state relating to reckless homicide in | ||||||
10 | which the person was determined to have been under the | ||||||
11 | influence of alcohol, other drug or drugs, or | ||||||
12 | intoxicating compound or compounds as an element of | ||||||
13 | the offense or the person has previously been | ||||||
14 | convicted under subparagraph (C) or subparagraph (F) | ||||||
15 | of this paragraph (1); | ||||||
16 | (E) the person, in committing a violation of | ||||||
17 | subsection (a) while driving at any speed in a school | ||||||
18 | speed zone at a time when a speed limit of 20 miles per | ||||||
19 | hour was in effect under subsection (a) of Section | ||||||
20 | 11-605 of this Code, was involved in a motor vehicle | ||||||
21 | accident that resulted in bodily harm, other than | ||||||
22 | great bodily harm or permanent disability or | ||||||
23 | disfigurement, to another person, when the violation | ||||||
24 | of subsection (a) was a proximate cause of the bodily | ||||||
25 | harm; | ||||||
26 | (F) the person, in committing a violation of |
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1 | subsection (a), was involved in a motor vehicle, | ||||||
2 | snowmobile, all-terrain vehicle, or watercraft | ||||||
3 | accident that resulted in the death of another person, | ||||||
4 | when the violation of subsection (a) was a proximate | ||||||
5 | cause of the death; | ||||||
6 | (G) the person committed a violation of subsection | ||||||
7 | (a) during a period in which the defendant's driving | ||||||
8 | privileges are revoked or suspended, where the | ||||||
9 | revocation or suspension was for a violation of | ||||||
10 | subsection (a) or a similar provision, Section | ||||||
11 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
12 | reckless homicide as defined in Section 9-3 of the | ||||||
13 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
14 | (H) the person committed the violation while he or | ||||||
15 | she did not possess a driver's license or permit or a | ||||||
16 | restricted driving permit or a judicial driving permit | ||||||
17 | or a monitoring device driving permit; | ||||||
18 | (I) the person committed the violation while he or | ||||||
19 | she knew or should have known that the vehicle he or | ||||||
20 | she was driving was not covered by a liability | ||||||
21 | insurance policy; | ||||||
22 | (J) the person in committing a violation of | ||||||
23 | subsection (a) was involved in a motor vehicle | ||||||
24 | accident that resulted in bodily harm, but not great | ||||||
25 | bodily harm, to the child under the age of 16 being | ||||||
26 | transported by the person, if the violation was the |
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1 | proximate cause of the injury; | ||||||
2 | (K) the person in committing a second violation of | ||||||
3 | subsection (a) or a similar provision was transporting | ||||||
4 | a person under the age of 16; or | ||||||
5 | (L) the person committed a violation of subsection | ||||||
6 | (a) of this Section while transporting one or more | ||||||
7 | passengers in a vehicle for-hire. | ||||||
8 | (2)(A) Except as provided otherwise, a person | ||||||
9 | convicted of aggravated driving under the influence of | ||||||
10 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
11 | compounds, or any combination thereof is guilty of a Class | ||||||
12 | 4 felony. | ||||||
13 | (B) A third violation of this Section or a similar | ||||||
14 | provision is a Class 2 felony. If at the time of the third | ||||||
15 | violation the alcohol concentration in his or her blood, | ||||||
16 | breath, other bodily substance, or urine was 0.16 or more | ||||||
17 | based on the definition of blood, breath, other bodily | ||||||
18 | substance, or urine units in Section 11-501.2, a mandatory | ||||||
19 | minimum of 90 days of imprisonment and a mandatory minimum | ||||||
20 | fine of $2,500 shall be imposed in addition to any other | ||||||
21 | criminal or administrative sanction. If at the time of the | ||||||
22 | third violation, the defendant was transporting a person | ||||||
23 | under the age of 16, a mandatory fine of $25,000 and 25 | ||||||
24 | days of community service in a program benefiting children | ||||||
25 | shall be imposed in addition to any other criminal or | ||||||
26 | administrative sanction. |
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1 | (C) A fourth violation of this Section or a similar | ||||||
2 | provision is a Class 2 felony, for which a sentence of | ||||||
3 | probation or conditional discharge may not be imposed. If | ||||||
4 | at the time of the violation, the alcohol concentration in | ||||||
5 | the defendant's blood, breath, other bodily substance, or | ||||||
6 | urine was 0.16 or more based on the definition of blood, | ||||||
7 | breath, other bodily substance, or urine units in Section | ||||||
8 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
9 | imposed in addition to any other criminal or | ||||||
10 | administrative sanction. If at the time of the fourth | ||||||
11 | violation, the defendant was transporting a person under | ||||||
12 | the age of 16 a mandatory fine of $25,000 and 25 days of | ||||||
13 | community service in a program benefiting children shall | ||||||
14 | be imposed in addition to any other criminal or | ||||||
15 | administrative sanction. | ||||||
16 | (D) A fifth violation of this Section or a similar | ||||||
17 | provision is a Class 1 felony, for which a sentence of | ||||||
18 | probation or conditional discharge may not be imposed. If | ||||||
19 | at the time of the violation, the alcohol concentration in | ||||||
20 | the defendant's blood, breath, other bodily substance, or | ||||||
21 | urine was 0.16 or more based on the definition of blood, | ||||||
22 | breath, other bodily substance, or urine units in Section | ||||||
23 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
24 | imposed in addition to any other criminal or | ||||||
25 | administrative sanction. If at the time of the fifth | ||||||
26 | violation, the defendant was transporting a person under |
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1 | the age of 16, a mandatory fine of $25,000, and 25 days of | ||||||
2 | community service in a program benefiting children shall | ||||||
3 | be imposed in addition to any other criminal or | ||||||
4 | administrative sanction. | ||||||
5 | (E) A sixth or subsequent violation of this Section or | ||||||
6 | similar provision is a Class X felony. If at the time of | ||||||
7 | the violation, the alcohol concentration in the | ||||||
8 | defendant's blood, breath, other bodily substance, or | ||||||
9 | urine was 0.16 or more based on the definition of blood, | ||||||
10 | breath, other bodily substance, or urine units in Section | ||||||
11 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
12 | imposed in addition to any other criminal or | ||||||
13 | administrative sanction. If at the time of the violation, | ||||||
14 | the defendant was transporting a person under the age of | ||||||
15 | 16, a mandatory fine of $25,000 and 25 days of community | ||||||
16 | service in a program benefiting children shall be imposed | ||||||
17 | in addition to any other criminal or administrative | ||||||
18 | sanction. | ||||||
19 | (F) For a violation of subparagraph (C) of paragraph | ||||||
20 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
21 | a term of imprisonment, shall be sentenced to not less | ||||||
22 | than one year nor more than 12 years. | ||||||
23 | (G) A violation of subparagraph (F) of paragraph (1) | ||||||
24 | of this subsection (d) is a Class 2 felony, for which the | ||||||
25 | defendant, unless the court determines that extraordinary | ||||||
26 | circumstances exist and require probation, shall be |
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1 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
2 | years and not more than 14 years if the violation resulted | ||||||
3 | in the death of one person; or (ii) a term of imprisonment | ||||||
4 | of not less than 6 years and not more than 28 years if the | ||||||
5 | violation resulted in the deaths of 2 or more persons. | ||||||
6 | (H) For a violation of subparagraph (J) of paragraph | ||||||
7 | (1) of this subsection (d), a mandatory fine of $2,500, | ||||||
8 | and 25 days of community service in a program benefiting | ||||||
9 | children shall be imposed in addition to any other | ||||||
10 | criminal or administrative sanction. | ||||||
11 | (I) A violation of subparagraph (K) of paragraph (1) | ||||||
12 | of this subsection (d), is a Class 2 felony and a mandatory | ||||||
13 | fine of $2,500, and 25 days of community service in a | ||||||
14 | program benefiting children shall be imposed in addition | ||||||
15 | to any other criminal or administrative sanction. If the | ||||||
16 | child being transported suffered bodily harm, but not | ||||||
17 | great bodily harm, in a motor vehicle accident, and the | ||||||
18 | violation was the proximate cause of that injury, a | ||||||
19 | mandatory fine of $5,000 and 25 days of community service | ||||||
20 | in a program benefiting children shall be imposed in | ||||||
21 | addition to any other criminal or administrative sanction. | ||||||
22 | (J) A violation of subparagraph (D) of paragraph (1) | ||||||
23 | of this subsection (d) is a Class 3 felony, for which a | ||||||
24 | sentence of probation or conditional discharge may not be | ||||||
25 | imposed. | ||||||
26 | (3) Any person sentenced under this subsection (d) who |
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1 | receives a term of probation or conditional discharge must | ||||||
2 | serve a minimum term of either 480 hours of community | ||||||
3 | service or 10 days of imprisonment as a condition of the | ||||||
4 | probation or conditional discharge in addition to any | ||||||
5 | other criminal or administrative sanction. | ||||||
6 | (e) Any reference to a prior violation of subsection (a) | ||||||
7 | or a similar provision includes any violation of a provision | ||||||
8 | of a local ordinance or a provision of a law of another state | ||||||
9 | or an offense committed on a military installation that is | ||||||
10 | similar to a violation of subsection (a) of this Section. | ||||||
11 | (f) The imposition of a mandatory term of imprisonment or | ||||||
12 | assignment of community service for a violation of this | ||||||
13 | Section shall not be suspended or reduced by the court. | ||||||
14 | (g) Any penalty imposed for driving with a license that | ||||||
15 | has been revoked for a previous violation of subsection (a) of | ||||||
16 | this Section shall be in addition to the penalty imposed for | ||||||
17 | any subsequent violation of subsection (a). | ||||||
18 | (h) For any prosecution under this Section, a certified | ||||||
19 | copy of the driving abstract of the defendant shall be | ||||||
20 | admitted as proof of any prior conviction.
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21 | (Source: P.A. 101-363, eff. 8-9-19.)
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22 | (Text of Section after amendment by P.A. 102-982 ) | ||||||
23 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
24 | other drug or drugs, intoxicating compound or compounds or any | ||||||
25 | combination thereof.
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1 | (a) A person shall not drive or be in actual physical | ||||||
2 | control of any vehicle within this State while: | ||||||
3 | (1) the alcohol concentration in the person's blood, | ||||||
4 | other bodily substance, or breath is 0.08 or more based on | ||||||
5 | the definition of blood and breath units in Section | ||||||
6 | 11-501.2; | ||||||
7 | (2) under the influence of alcohol; | ||||||
8 | (3) under the influence of any intoxicating compound | ||||||
9 | or combination of intoxicating compounds to a degree that | ||||||
10 | renders the person incapable of driving safely; | ||||||
11 | (4) under the influence of any other drug or | ||||||
12 | combination of drugs to a degree that renders the person | ||||||
13 | incapable of safely driving; | ||||||
14 | (5) under the combined influence of alcohol, other | ||||||
15 | drug or drugs, or intoxicating compound or compounds to a | ||||||
16 | degree that renders the person incapable of safely | ||||||
17 | driving; | ||||||
18 | (6) there is any amount of a drug, substance, or | ||||||
19 | compound in the person's breath, blood, other bodily | ||||||
20 | substance, or urine resulting from the unlawful use or | ||||||
21 | consumption of a controlled substance listed in the | ||||||
22 | Illinois Controlled Substances Act, an intoxicating | ||||||
23 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
24 | or methamphetamine as listed in the Methamphetamine | ||||||
25 | Control and Community Protection Act; or | ||||||
26 | (7) the person has, within 2 hours of driving or being |
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1 | in actual physical control of a vehicle, a | ||||||
2 | tetrahydrocannabinol concentration in the person's whole | ||||||
3 | blood or other bodily substance as defined in paragraph 6 | ||||||
4 | of subsection (a) of Section 11-501.2 of this Code.
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5 | Subject to all other requirements and provisions under | ||||||
6 | this Section, this paragraph (7) does not apply to the | ||||||
7 | lawful consumption of cannabis by a qualifying patient | ||||||
8 | licensed under the Compassionate Use of Medical Cannabis | ||||||
9 | Program Act who is in possession of a valid registry card | ||||||
10 | issued under that Act, unless that person is impaired by | ||||||
11 | the use of cannabis. | ||||||
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.
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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 ; or
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16 | (iii) a term of imprisonment of not less than 4 years and
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17 | not more than 20 years if the violation resulted in the
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18 | death of one person and great bodily harm or permanent
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19 | disability or disfigurement of one or more other persons . | ||||||
20 | (H) For a violation of subparagraph (J) of paragraph | ||||||
21 | (1) of this subsection (d), a mandatory fine of $2,500, | ||||||
22 | and 25 days of community service in a program benefiting | ||||||
23 | children shall be imposed in addition to any other | ||||||
24 | criminal or administrative sanction. | ||||||
25 | (I) A violation of subparagraph (K) of paragraph (1) | ||||||
26 | of this subsection (d), is a Class 2 felony and a mandatory |
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1 | fine of $2,500, and 25 days of community service in a | ||||||
2 | program benefiting children shall be imposed in addition | ||||||
3 | to any other criminal or administrative sanction. If the | ||||||
4 | child being transported suffered bodily harm, but not | ||||||
5 | great bodily harm, in a motor vehicle crash, and the | ||||||
6 | violation was the proximate cause of that injury, a | ||||||
7 | mandatory fine of $5,000 and 25 days of community service | ||||||
8 | in a program benefiting children shall be imposed in | ||||||
9 | addition to any other criminal or administrative sanction. | ||||||
10 | (J) A violation of subparagraph (D) of paragraph (1) | ||||||
11 | of this subsection (d) is a Class 3 felony, for which a | ||||||
12 | sentence of probation or conditional discharge may not be | ||||||
13 | imposed. | ||||||
14 | (3) Any person sentenced under this subsection (d) who | ||||||
15 | receives a term of probation or conditional discharge must | ||||||
16 | serve a minimum term of either 480 hours of community | ||||||
17 | service or 10 days of imprisonment as a condition of the | ||||||
18 | probation or conditional discharge in addition to any | ||||||
19 | other criminal or administrative sanction. | ||||||
20 | (e) Any reference to a prior violation of subsection (a) | ||||||
21 | or a similar provision includes any violation of a provision | ||||||
22 | of a local ordinance or a provision of a law of another state | ||||||
23 | or an offense committed on a military installation that is | ||||||
24 | similar to a violation of subsection (a) of this Section. | ||||||
25 | (f) The imposition of a mandatory term of imprisonment or | ||||||
26 | assignment of community service for a violation of this |
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1 | Section shall not be suspended or reduced by the court. | ||||||
2 | (g) Any penalty imposed for driving with a license that | ||||||
3 | has been revoked for a previous violation of subsection (a) of | ||||||
4 | this Section shall be in addition to the penalty imposed for | ||||||
5 | any subsequent violation of subsection (a). | ||||||
6 | (h) For any prosecution under this Section, a certified | ||||||
7 | copy of the driving abstract of the defendant shall be | ||||||
8 | admitted as proof of any prior conviction.
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9 | (Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23.)
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