Illinois 94th Regular Session Status: Enacted

HB 1132 — VEH CD-DUI-5TH CONVICT CLSS X

Last action — Public Act . . . . . . . . . 94-0114

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 08, 2005. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Illinois Vehicle Code. Provides that any person convicted a sixth or subsequent time of driving under the influence of alcohol, drugs, or intoxicating compounds is guilty of a Class X felony.

Bill Text

What changed in the latest version

12 added · 12 removed

Plain-language change summary

The amendments to Bill HB 1132 involved changing its designation from "Engrossed" to "Enrolled." This shift indicates that the bill has passed through all legislative approvals and is now ready to be signed into law. Such changes are important because they mark the progress and final steps of the legislative process, bringing the bill closer to becoming a part of the law.

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HB1132 Engrossed LRB094 08333 DRH 38526 b AN ACT concerning transportation.
HB1132 Enrolled LRB094 08333 DRH 38526 b AN ACT concerning transportation.
(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other HB1132 Engrossed - 2 - LRB094 08333 DRH 38526 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.
(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other HB1132 Enrolled - 2 - LRB094 08333 DRH 38526 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.
(c-1) (1) A person who violates subsection (a) during a period in which his or her driving privileges are revoked HB1132 Engrossed - 3 - LRB094 08333 DRH 38526 b or suspended, where the revocation or suspension was for a violation of subsection (a), 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 4 felony.
(c-1) (1) A person who violates subsection (a) during a period in which his or her driving privileges are revoked HB1132 Enrolled - 3 - LRB094 08333 DRH 38526 b or suspended, where the revocation or suspension was for a violation of subsection (a), 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 4 felony.
(2.2) A person who violates subsection (a), if the violation occurs during a period in which his or her driving privileges are revoked or suspended where the revocation or suspension was for a violation of subsection (a) or Section 11-501.1, shall also be sentenced to an additional mandatory minimum term of 30 consecutive days of imprisonment, 40 days of 24-hour periodic imprisonment, or HB1132 Engrossed - 4 - LRB094 08333 DRH 38526 b 720 hours of community service, as may be determined by the court.
(2.2) A person who violates subsection (a), if the violation occurs during a period in which his or her driving privileges are revoked or suspended where the revocation or suspension was for a violation of subsection (a) or Section 11-501.1, shall also be sentenced to an additional mandatory minimum term of 30 consecutive days of imprisonment, 40 days of 24-hour periodic imprisonment, or HB1132 Enrolled - 4 - LRB094 08333 DRH 38526 b 720 hours of community service, as may be determined by the court.
The imprisonment or assignment of community service under this subsection (c-6) is not subject to suspension, nor is the person eligible for a HB1132 Engrossed - 5 - LRB094 08333 DRH 38526 b reduced sentence.
The imprisonment or assignment of community service under this subsection (c-6) is not subject to suspension, nor is the person eligible for a HB1132 Enrolled - 5 - LRB094 08333 DRH 38526 b reduced sentence.
(c-10) Any person convicted of violating subsection (c-9) or a similar provision a third time within 20 years of a previous violation of subsection (a) or a similar provision is guilty of a Class 4 felony and shall receive, in addition to HB1132 Engrossed - 6 - LRB094 08333 DRH 38526 b any other penalty imposed, an additional mandatory 40 hours of community service in a program benefiting children, an additional mandatory fine of $3,000 $3000, and a mandatory minimum 120 days of imprisonment.
(c-10) Any person convicted of violating subsection (c-9) or a similar provision a third time within 20 years of a previous violation of subsection (a) or a similar provision is guilty of a Class 4 felony and shall receive, in addition to HB1132 Enrolled - 6 - LRB094 08333 DRH 38526 b any other penalty imposed, an additional mandatory 40 hours of community service in a program benefiting children, an additional mandatory fine of $3,000 $3000, and a mandatory minimum 120 days of imprisonment.
(c-13) Any person convicted of a second violation of subsection (a) or a similar provision committed within 10 years of a previous violation of subsection (a) or a similar provision committed within 10 years of a previous violation of subsection (a) or a similar provision, if at the time of the second violation of subsection (a) 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, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 2 days of HB1132 Engrossed - 7 - LRB094 08333 DRH 38526 b imprisonment and a mandatory minimum fine of $1,250.
(c-13) Any person convicted of a second violation of subsection (a) or a similar provision committed within 10 years of a previous violation of subsection (a) or a similar provision committed within 10 years of a previous violation of subsection (a) or a similar provision, if at the time of the second violation of subsection (a) 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, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 2 days of HB1132 Enrolled - 7 - LRB094 08333 DRH 38526 b imprisonment and a mandatory minimum fine of $1,250.
(B) the person committed a violation of subsection HB1132 Engrossed - 8 - LRB094 08333 DRH 38526 b (a) while driving a school bus with persons 18 years of age or younger on board;
(B) the person committed a violation of subsection HB1132 Enrolled - 8 - LRB094 08333 DRH 38526 b (a) while driving a school bus with persons 18 years of age or younger on board;
(2) Except as provided in this paragraph (2), a person convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class HB1132 Engrossed - 9 - LRB094 08333 DRH 38526 b 4 felony.
(2) Except as provided in this paragraph (2), a person convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class HB1132 Enrolled - 9 - LRB094 08333 DRH 38526 b 4 felony.
HB1132 Engrossed - 10 - LRB094 08333 DRH 38526 b (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, 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.
HB1132 Enrolled - 10 - LRB094 08333 DRH 38526 b (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, 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.
If the person has been previously convicted of violating subsection (a) or a similar HB1132 Engrossed - 11 - LRB094 08333 DRH 38526 b provision of a local ordinance, the fine shall be $1,000.
If the person has been previously convicted of violating subsection (a) or a similar HB1132 Enrolled - 11 - LRB094 08333 DRH 38526 b provision of a local ordinance, the fine shall be $1,000.
Programs providing treatment must be HB1132 Engrossed - 12 - LRB094 08333 DRH 38526 b licensed under existing applicable alcoholism and drug treatment licensure standards.
Programs providing treatment must be HB1132 Enrolled - 12 - LRB094 08333 DRH 38526 b licensed under existing applicable alcoholism and drug treatment licensure standards.
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Action History

  1. Public Act . . . . . . . . . 94-0114

  2. Effective Date January 1, 2006

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Passed; 057-000-000

  7. Added as Alternate Chief Co-Sponsor Sen. Martin A. Sandoval

  8. Placed on Calendar Order of 3rd Reading May 11, 2005

  9. Second Reading

  10. Placed on Calendar Order of 2nd Reading May 10, 2005

  11. Do Pass Judiciary; 006-000-000

  12. Correctional Note Filed from the Illinois Department of Corrections.

  13. Postponed - Judiciary

  14. Assigned to Judiciary

  15. Added Co-Sponsor Rep. Daniel V. Beiser

  16. Referred to Rules

  17. First Reading

  18. Chief Senate Sponsor Sen. Adeline Jay Geo-Karis

  19. Placed on Calendar Order of First Reading March 1, 2005

  20. Arrive in Senate

  21. Added Co-Sponsor Rep. Lisa M. Dugan

  22. Added Co-Sponsor Rep. Careen M Gordon

  23. Third Reading - Short Debate - Passed 113-000-001

  24. Added Co-Sponsor Rep. Suzanne Bassi

  25. Added Co-Sponsor Rep. Patricia R. Bellock

  26. Added Co-Sponsor Rep. Linda Chapa LaVia

  27. Added Co-Sponsor Rep. William Davis

  28. Added Co-Sponsor Rep. Jack D. Franks

  29. Added Co-Sponsor Rep. Sandra M. Pihos

  30. Added Co-Sponsor Rep. Jack McGuire

  31. Added Co-Sponsor Rep. Patrick J Verschoore

  32. Added Co-Sponsor Rep. Randall M. Hultgren

  33. Added Co-Sponsor Rep. Donald L. Moffitt

  34. Added Chief Co-Sponsor Rep. Terry R. Parke

  35. Added Chief Co-Sponsor Rep. Eileen Lyons

  36. Placed on Calendar Order of 3rd Reading - Short Debate

  37. Second Reading - Short Debate

  38. Placed on Calendar 2nd Reading - Short Debate

  39. Do Pass / Short Debate Transportation and Motor Vehicles Committee; 027-000-000

  40. Assigned to Transportation and Motor Vehicles Committee

  41. Added Chief Co-Sponsor Rep. Sidney H. Mathias

  42. Added Chief Co-Sponsor Rep. Paul D. Froehlich

  43. Referred to Rules Committee

  44. First Reading

  45. Filed with the Clerk by Rep. William B. Black

Sponsors

  • William B. Black · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • William B. Black

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 51002
Democrat 5000
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Sandoval — Not Voting
Shadid — Yea
Silverstein — Yea
Lauzen — Yea
Link — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Cronin — Yea
Dillard — Yea
Haine — Yea
Halvorson — Yea
Meeks — Yea
Peterson — Yea
Radogno — Yea
Schoenberg — Yea
Munoz — Yea
Trotter — Yea
Brady — Yea
Sullivan, D. — Yea
Sullivan, J. — Yea
Petka — Yea
Jacobs — Yea
Clayborne — Yea
Crotty — Yea
Garrett — Yea
Geo-Karis — Yea
Hendon — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Demuzio — Yea
Luechtefeld — Yea
Sieben — Not Voting
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Wojcik — Yea
Dahl — Yea
DeLeo — Yea
Forby — Yea
Pankau — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 101005
Democrat 9000
Republican 3000
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Scully — Yea
Sommer — Yea
Soto — Yea
Lindner — Not Voting
Krause — Yea
Acevedo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Millner — Yea
Dunkin — Yea
Eddy — Yea
Mulligan — Yea
Granberg — Yea
Jakobsson — Yea
Jefferson — Yea
Jenisch — Yea
Osmond — Yea
Lang — Yea
Leitch — Yea
Bailey — Yea
Lyons, Eileen — Yea
Reitz — Yea
Lyons, Joseph — Yea
Dugan — Yea
Dunn — Yea
Jones — Yea
Madigan — Not Voting
Davis, Monique — Yea
McKeon — Not Voting
Osterman — Yea
Parke — Yea
Phelps — Yea
Turner — Not Voting
Winters — Yea
Yarbrough — Yea
Younge — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Daniels — Not Voting
Kosel — Yea
Mathias — Yea
Mautino — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Meyer — Yea
Moffitt — Yea
Molaro — Yea
Munson — Yea
Myers — Yea
McGuire — Yea
Nekritz — Yea
Tenhouse — Yea
Bradley, John — Yea
Tryon — Yea
Bradley, Richard — Yea
Verschoore — Yea
Brady — Yea
Wait — Yea
Washington — Yea
Mitchell, Bill — Yea
Hannig — Yea
Burke — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Howard — Yea
Watson — Yea
Chavez — Yea
Churchill — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Hultgren — Yea
Patterson — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does HB 1132 do?
Amends the Illinois Vehicle Code. Provides that any person convicted a sixth or subsequent time of driving under the influence of alcohol, drugs, or intoxicating compounds is guilty of a Class X felony.
Who sponsors HB 1132?
HB 1132 is sponsored by William B. Black.
What is the current status of HB 1132?
This bill has been enacted into law. Introduced February 08, 2005. Enacted.
Where can I track HB 1132?
Track HB 1132 free on One Click Politics — get push/email alerts when it moves.

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