SB 2124 — DUI PENALTIES-CONSOLIDATION

SB2124 EngrossedEnrolled LRB093 13523 DRH 19887 b AN ACT in relation to driving offenses.

(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other SB2124 EngrossedEnrolled - 2 - LRB093 13523 DRH 19887 b drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.

Except as provided under paragraphs (c-3), (c-4), and (d) of this Section, every person convicted of violating this Section or a similar provision of a local SB2124 EngrossedEnrolled - 3 - LRB093 13523 DRH 19887 b ordinance, shall be guilty of a Class A misdemeanor and, in addition to any other criminal or administrative action, for any second conviction of violating this Section or a similar provision of a law of another state or local ordinance committed within 5 years of a previous violation of this Section or a similar provision of a local ordinance shall be mandatorily sentenced to a minimum of 5 days of imprisonment or assigned to a minimum of 30 days of community service as may be determined by the court.

(2) A person who violates subsection (a) this Section a third time, if the third violation occurs during a period in which his or her driving privileges are revoked or SB2124 EngrossedEnrolled - 4 - LRB093 13523 DRH 19887 b suspended where the revocation or suspension was for a violation of subsection (a) this Section, Section 11-501.1, paragraph (b) of Section 11-401, or for reckless homicide as defined in Section 9-3 of the Criminal Code of 1961, is guilty of a Class 3 felony.

(3) A person who violates subsection (a) this Section a fourth or subsequent time, if the fourth or subsequent violation occurs during a period in which his or her driving privileges are revoked or suspended where the SB2124 EngrossedEnrolled - 5 - LRB093 13523 DRH 19887 b revocation or suspension was for a violation of subsection (a) this Section, Section 11-501.1, paragraph (b) of Section 11-401, or for reckless homicide as defined in Section 9-3 of the Criminal Code of 1961, is guilty of a Class 2 felony and is not eligible for a sentence of probation or conditional discharge.

(2) A person who is convicted of violating subsection (a) of Section 11-501 of this Code a second time within 10 years, in addition to any other penalty that may be imposed under subsection (c), is subject to a mandatory minimum of SB2124 EngrossedEnrolled - 6 - LRB093 13523 DRH 19887 b 2 days of imprisonment and a minimum fine of $1,250.

(c-7) Except as provided in subsection (c-8), any person convicted of violating subsection (c-6) or a similar provision within 10 years of a previous violation of subsection (a) or a SB2124 EngrossedEnrolled - 7 - LRB093 13523 DRH 19887 b similar provision shall receive, in addition to any other penalty imposed, a mandatory minimum 12 days imprisonment, an additional 40 hours of mandatory community service in a program benefiting children, and a mandatory minimum fine of $1,750.

The imprisonment or assignment of SB2124 EngrossedEnrolled - 8 - LRB093 13523 DRH 19887 b community service under this subsection (c-10) is not subject to suspension, nor is the person eligible for a reduced sentence.

(c-14) Any person convicted of a third violation of subsection (a) or a similar provision within 20 years of a previous violation of subsection (a) or a similar provision, if SB2124 EngrossedEnrolled - 9 - LRB093 13523 DRH 19887 b at the time of the third violation of subsection (a) or a similar provision the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, is guilty of a Class 4 felony and shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 90 days of imprisonment and a mandatory minimum fine of $2,500.

(C) the person in committing a violation of subsection paragraph (a) was involved in a motor SB2124 EngrossedEnrolled - 10 - LRB093 13523 DRH 19887 b vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries;

For a violation of subparagraph (C) of paragraph (1) of this subsection (d), the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than SB2124 EngrossedEnrolled - 11 - LRB093 13523 DRH 19887 b one year nor more than 12 years.

(e-1) Any person who is found guilty of or pleads guilty to violating this Section, including any person receiving a disposition of court supervision for violating this Section, SB2124 EngrossedEnrolled - 12 - LRB093 13523 DRH 19887 b may be required by the Court to attend a victim impact panel offered by, or under contract with, a County State’s Attorney’s office, a probation and court services department, Mothers Against Drunk Driving, or the Alliance Against Intoxicated Motorists.

(j) In addition to any other penalties and liabilities, a person who is found guilty of or pleads guilty to violating subsection (a) this Section, including any person placed on court supervision for violating subsection (a) this Section, SB2124 EngrossedEnrolled - 13 - LRB093 13523 DRH 19887 b shall be fined $100, payable to the circuit clerk, who shall distribute the money to the law enforcement agency that made the arrest.

If the individual is not a resident of Illinois, SB2124 EngrossedEnrolled - 14 - LRB093 13523 DRH 19887 b however, the court may accept an alcohol or other drug evaluation or remedial education program in the individual’s state of residence.

(a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk that equals an amount less than $55, except restitution under Section 5-5-6 of the Unified Code of Corrections, reimbursement for the costs of SB2124 EngrossedEnrolled - 15 - LRB093 13523 DRH 19887 b an emergency response as provided under Section 11-501 of the Illinois Vehicle Code 5-5-3 of the Unified Code of Corrections, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State’s Attorney under Section 4-2002 of the Counties Code or a sheriff under Section 4-5001 of the Counties Code, or any cost imposed under Section 124A-5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsection (b) shall be disbursed within 60 days after receipt by the circuit clerk as follows:

All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by SB2124 EngrossedEnrolled - 16 - LRB093 13523 DRH 19887 b ordinance, elect not to be subject to this Section.

(a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk equalling an amount of $55 or more, except the additional fee required by subsections (b) and (c), restitution under Section 5-5-6 of the SB2124 EngrossedEnrolled - 17 - LRB093 13523 DRH 19887 b Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 11-501 of the Illinois Vehicle Code 5-5-3 of the Unified Code of Corrections, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State’s Attorney under Section 4-2002 of the Counties Code or a sheriff under Section 4-5001 of the Counties Code, or any cost imposed under Section 124A-5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, and except as provided in subsection (d) shall be disbursed within 60 days after receipt by the circuit clerk as follows:

50% shall be disbursed to the county’s general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the SB2124 EngrossedEnrolled - 18 - LRB093 13523 DRH 19887 b fine imposed in the case.

(b-1) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol SB2124 EngrossedEnrolled - 19 - LRB093 13523 DRH 19887 b or drugs shall pay an additional fee of $5 to the clerk of the circuit court.

This additional fee of $5 shall not be considered a part of the fine for purposes of any reduction in SB2124 EngrossedEnrolled - 20 - LRB093 13523 DRH 19887 b the fine for time served either before or after sentencing.

SB2124 EngrossedEnrolled - 21 - LRB093 13523 DRH 19887 b (3) A term of conditional discharge.

In addition to any other fine or penalty required by law, any individual convicted of a violation of Section 11-501 of the Illinois Vehicle Code, Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision of local ordinance, whose operation of a motor vehicle while in violation of Section 11-501, Section 5-7, Section 5-16, or such ordinance proximately caused an incident resulting in an SB2124 EngrossedEnrolled - 22 - LRB093 13523 DRH 19887 b appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response.

SB2124 EngrossedEnrolled - 23 - LRB093 13523 DRH 19887 b (F) A Class 2 or greater felony if the offender had been convicted of a Class 2 or greater felony within 10 years of the date on which the offender committed the offense for which he or she is being sentenced, except as otherwise provided in Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act.

SB2124 EngrossedEnrolled - 24 - LRB093 13523 DRH 19887 b (P) A violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1 of the Criminal Code of 1961.

SB2124 EngrossedEnrolled - 25 - LRB093 13523 DRH 19887 b (4.2) Except as provided in paragraph (4.3) of this subsection (c), a minimum of 100 hours of community service shall be imposed for a second violation of Section 6-303 of the Illinois Vehicle Code.

SB2124 EngrossedEnrolled - 26 - LRB093 13523 DRH 19887 b (5.2) In addition to any penalties imposed under paragraph (5) of this subsection (c), and except as provided in paragraph (5.3), a person convicted of violating subsection (c) of Section 11-907 of the Illinois Vehicle Code shall have his or her driver’s license, permit, or privileges suspended for at least 180 days but not more than 2 years, if the violation resulted in injury to another person.

A person sentenced as a Class X offender under this paragraph is not eligible to apply for treatment as a SB2124 EngrossedEnrolled - 27 - LRB093 13523 DRH 19887 b condition of probation as provided by Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act.

The trial court shall hold a hearing under Section 5-4-1 of the Unified Code of Corrections which may include evidence of the SB2124 EngrossedEnrolled - 28 - LRB093 13523 DRH 19887 b defendant’s life, moral character and occupation during the time since the original sentence was passed.

and (2) the court orders the defendant to pay for the SB2124 EngrossedEnrolled - 29 - LRB093 13523 DRH 19887 b victim’s counseling services, to the extent that the court finds, after considering the defendant’s income and assets, that the defendant is financially capable of paying for such services, if the victim was under 18 years of age at the time the offense was committed and requires counseling as a result of the offense.

Except as otherwise provided by law, the results of such test shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in which the conviction was entered for the judge’s inspection in SB2124 EngrossedEnrolled - 30 - LRB093 13523 DRH 19887 b camera.

(h) Whenever a defendant is convicted of an offense under Section 1 or 2 of the Hypodermic Syringes and Needles Act, the defendant shall undergo medical testing to determine whether the defendant has been exposed to human immunodeficiency virus (HIV) or any other identified causative agent of acquired SB2124 EngrossedEnrolled - 31 - LRB093 13523 DRH 19887 b immunodeficiency syndrome (AIDS).

(j) In cases when prosecution for any violation of Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, any violation of the Illinois Controlled SB2124 EngrossedEnrolled - 32 - LRB093 13523 DRH 19887 b Substances Act, or any violation of the Cannabis Control Act results in conviction, a disposition of court supervision, or an order of probation granted under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substance Act of a defendant, the court shall determine whether the defendant is employed by a facility or center as defined under the Child Care Act of 1969, a public or private elementary or secondary school, or otherwise works with children under 18 years of age on a daily basis.

The Prisoner Review Board shall revoke the mandatory supervised release of a defendant who wilfully fails to comply with this SB2124 EngrossedEnrolled - 33 - LRB093 13523 DRH 19887 b subsection (j-5) upon his or her release from confinement in a penal institution while serving a mandatory supervised release term;

(B) If the defendant has already been sentenced for a felony or misdemeanor offense, or has been placed on probation under Section 10 of the Cannabis Control Act or SB2124 EngrossedEnrolled - 34 - LRB093 13523 DRH 19887 b Section 410 of the Illinois Controlled Substances Act, the court may, upon motion of the State’s Attorney to suspend the sentence imposed, commit the defendant to the custody of the Attorney General of the United States or his or her designated agent when:

(n) The court may sentence a person convicted of a violation of Section 12-19, 12-21, or 16-1.3 of the Criminal Code of 1961 (i) to an impact incarceration program if the person is otherwise eligible for that program under Section 5-8-1.1, (ii) to community service, or (iii) if the person is an addict or alcoholic, as defined in the Alcoholism and Other SB2124 EngrossedEnrolled - 35 - LRB093 13523 DRH 19887 b Drug Abuse and Dependency Act, to a substance or alcohol abuse program licensed under that Act.

Personal service of the petition for violation of probation or the issuance of such warrant, summons or notice shall toll the period of probation, conditional discharge, supervision, or sentence of county impact incarceration until the final SB2124 EngrossedEnrolled - 36 - LRB093 13523 DRH 19887 b determination of the charge, and the term of probation, conditional discharge, supervision, or sentence of county impact incarceration shall not run until the hearing and disposition of the petition for violation.

If the court finds that the person SB2124 EngrossedEnrolled - 37 - LRB093 13523 DRH 19887 b has failed to successfully complete his or her sentence to a county impact incarceration program, the court may impose any other sentence that was available under Section 5-5-3 of this Code or Section 11-501 of the Illinois Vehicle Code at the time of initial sentencing, except for a sentence of probation or conditional discharge.

Upon SB2124 EngrossedEnrolled - 38 - LRB093 13523 DRH 19887 b successful completion of the intermediate sanctions, a court may not revoke probation, conditional discharge, supervision, or a sentence of county impact incarceration or impose additional sanctions for the same violation.

SB2124 EngrossedEnrolled - 39 - LRB093 13523 DRH 19887 b (b) The Court shall admit the offender to bail pending the hearing.

(a) A sentence of imprisonment shall commence on the date on which the offender is received by the Department or the SB2124 EngrossedEnrolled - 40 - LRB093 13523 DRH 19887 b institution at which the sentence is to be served.