Who sponsors HB 1864?

HB 1864 is sponsored by Harry R. Ramey, Jr..

Where can I track HB 1864?

Track HB 1864 free on One Click Politics — get push/email alerts when it moves.

Illinois 95th Regular Session Status: Enacted

HB 1864 — VEH CD-SNOWMOBILE-BOAT SAFETY

Last action August 14, 2007 — Public Act . . . . . . . . . 95-0149

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Introduced
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In Committee
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Passed House
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Passed Senate
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To Executive
6
Enacted

This bill has been enacted into law. Introduced February 23, 2007. 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, the Snowmobile Registration and Safety Act, and the Boat Registration and Safety Act. Changes cross-references with regard to reimbursement by a DUI offender of the cost of an emergency response necessitated by the offender's violation. Effective immediately.

Bill Text

What changed in the latest version

118 added · 118 removed

Plain-language change summary

The recent revision of HB 1864 involved changing from the "Engrossed" version to the "Enrolled" version, which typically indicates the bill has been finalized and approved. The highlighted changes include some structural adjustments in the document, but no substantive content has been altered. This matters because it reflects the bill's progression toward becoming law, ensuring it's ready for implementation without any additional changes required.

HB1864 ~~Engrossed~~Enrolled LRB095 04953 DRH 25019 b AN ACT concerning transportation.

(5) under the combined influence of alcohol, other drug HB1864 ~~Engrossed~~Enrolled - 2 - LRB095 04953 DRH 25019 b or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving;

HB1864 ~~Engrossed~~Enrolled - 3 - LRB095 04953 DRH 25019 b (b-3) In addition to any other criminal or administrative sanction for any second conviction of violating subsection (a) or a similar provision committed within 5 years of a previous violation of subsection (a) or a similar provision, the defendant shall be sentenced to a mandatory minimum of 5 days of imprisonment or assigned a mandatory minimum of 240 hours of community service as may be determined by the court.

(2) A person who violates subsection (a) a third time, HB1864 ~~Engrossed~~Enrolled - 4 - LRB095 04953 DRH 25019 b if the third 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), 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) a fourth or HB1864 ~~Engrossed~~Enrolled - 5 - LRB095 04953 DRH 25019 b 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 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 2 felony and is not eligible for a sentence of probation or conditional discharge.

(2) Except as provided in subdivisions (c-5)(3) and (c-5)(4) a person who violates subsection (a) a second time, if at the time of the second violation the person was transporting a person under the age of 16, is subject to an additional 10 days of imprisonment, an additional HB1864 ~~Engrossed~~Enrolled - 6 - LRB095 04953 DRH 25019 b mandatory minimum fine of $1,000, and an additional mandatory minimum 140 hours of community service, which shall include 40 hours of community service in a program benefiting children.

The imprisonment or assignment of community HB1864 ~~Engrossed~~Enrolled - 7 - LRB095 04953 DRH 25019 b service under this subdivision (c-5)(4) is not subject to suspension, nor is the person eligible for a reduced sentence.

The imprisonment or assignment of community service under this subdivision (c-5)(6) is not subject to suspension, nor is the person eligible for a reduced HB1864 ~~Engrossed~~Enrolled - 8 - LRB095 04953 DRH 25019 b sentence.

(2) 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, if at the time of the second violation of subsection (a) or a similar provision the alcohol HB1864 ~~Engrossed~~Enrolled - 9 - LRB095 04953 DRH 25019 b 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 imprisonment and a mandatory minimum fine of $1,250.

(4) Any person convicted of a fourth or subsequent violation of subsection (a) or a similar provision, if at the time of the fourth or subsequent violation 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, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or HB1864 ~~Engrossed~~Enrolled - 10 - LRB095 04953 DRH 25019 b while 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 2 felony and is not eligible for a sentence of probation or conditional discharge and is subject to a minimum fine of $2,500.

(D) the person committed a violation of subsection (a) for a second time and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or a similar provision of a law of another state HB1864 ~~Engrossed~~Enrolled - 11 - LRB095 04953 DRH 25019 b relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);

For a violation of subparagraph (C) of paragraph HB1864 ~~Engrossed~~Enrolled - 12 - LRB095 04953 DRH 25019 b (1) of this subsection (d), the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.

(e) After a finding of guilt and prior to any final sentencing, or an order for supervision, for an offense based upon an arrest for a violation of this Section or a similar HB1864 ~~Engrossed~~Enrolled - 13 - LRB095 04953 DRH 25019 b provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of treatment as appropriate.

(g) The Secretary of State shall revoke the driving HB1864 ~~Engrossed~~Enrolled - 14 - LRB095 04953 DRH 25019 b privileges of any person convicted under this Section or a similar provision of a local ordinance.

Any moneys received by a law enforcement agency under this subsection (j) shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any HB1864 ~~Engrossed~~Enrolled - 15 - LRB095 04953 DRH 25019 b combination thereof, as defined by this Section, including but not limited to the purchase of law enforcement equipment and commodities that will assist in the prevention of alcohol related criminal violence throughout the State;

(k) The Secretary of State Police DUI Fund is created as a HB1864 ~~Engrossed~~Enrolled - 16 - LRB095 04953 DRH 25019 b special fund in the State treasury.

Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human HB1864 ~~Engrossed~~Enrolled - 17 - LRB095 04953 DRH 25019 b Services.

HB1864 ~~Engrossed~~Enrolled - 18 - LRB095 04953 DRH 25019 b 6-28-06.) (Text of Section from P.A.

or (6) there is any amount of a drug, substance, or compound in the person’s breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating HB1864 ~~Engrossed~~Enrolled - 19 - LRB095 04953 DRH 25019 b compound listed in the Use of Intoxicating Compounds Act.

HB1864 ~~Engrossed~~Enrolled - 20 - LRB095 04953 DRH 25019 b (b-4) In the case of a third or subsequent violation committed within 5 years of a previous violation of subsection (a) or a similar provision, in addition to any other criminal or administrative sanction, a mandatory minimum term of either 10 days of imprisonment or 480 hours of community service shall be imposed.

and if the person receives a term of probation or HB1864 ~~Engrossed~~Enrolled - 21 - LRB095 04953 DRH 25019 b conditional discharge, he or she shall be required to serve a mandatory minimum of 10 days of imprisonment or shall be assigned a mandatory minimum of 480 hours of community service, as may be determined by the court, as a condition of the probation or conditional discharge.

(3) A person who violates subsection (a) 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 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 2 felony and is not eligible for HB1864 ~~Engrossed~~Enrolled - 22 - LRB095 04953 DRH 25019 b a sentence of probation or conditional discharge.

(c-6) Except as provided in subsections (c-7) and (c-7.1), HB1864 ~~Engrossed~~Enrolled - 23 - LRB095 04953 DRH 25019 b a person 21 years of age or older who violates subsection (a) a second time, if at the time of the second violation the person was transporting a person under the age of 16, is subject to 6 months of imprisonment, an additional mandatory minimum fine of $1,000, and an additional mandatory minimum 140 hours of community service, which shall include 40 hours of community service in a program benefiting children.

(c-7.1) A person 21 years of age or older who is convicted of violating subsection (a) of this Section a second time within 10 years and who in committing that violation was involved in a motor vehicle accident that resulted in bodily harm to the child under the age of 16 being transported, if the violation was the proximate cause of the injury, is guilty of a HB1864 ~~Engrossed~~Enrolled - 24 - LRB095 04953 DRH 25019 b Class 4 felony and is subject to 18 months of imprisonment, a mandatory fine of $5,000, and 25 days of community service in a program benefiting children.

HB1864 ~~Engrossed~~Enrolled - 25 - LRB095 04953 DRH 25019 b (c-11) Any person 21 years of age or older convicted a fourth or subsequent time for violating subsection (a) or a similar provision, if at the time of the fourth or subsequent violation the person was transporting a person under the age of 16, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or while 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 2 felony, is not eligible for probation or conditional discharge, and is subject to a minimum fine of $25,000.

(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, if at the time of the second 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 HB1864 ~~Engrossed~~Enrolled - 26 - LRB095 04953 DRH 25019 b 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 imprisonment and a mandatory minimum fine of $1,250.

(c-15) Any person convicted of a fourth or subsequent violation of subsection (a) or a similar provision, if at the time of the fourth or subsequent violation 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, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or while 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 2 felony and is not HB1864 ~~Engrossed~~Enrolled - 27 - LRB095 04953 DRH 25019 b eligible for a sentence of probation or conditional discharge and is subject to a minimum fine of $2,500.

(D) the person committed a violation of subsection (a) for a second time and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person HB1864 ~~Engrossed~~Enrolled - 28 - LRB095 04953 DRH 25019 b has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);

Aggravated driving under the influence of alcohol, other drug or drugs, or HB1864 ~~Engrossed~~Enrolled - 29 - LRB095 04953 DRH 25019 b intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of this subsection (d) is a Class 2 felony, for which the defendant, if sentenced to a term of imprisonment, shall be sentenced to:

(e) After a finding of guilt and prior to any final sentencing, or an order for supervision, for an offense based upon an arrest for a violation of this Section or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of HB1864 ~~Engrossed~~Enrolled - 30 - LRB095 04953 DRH 25019 b treatment as appropriate.

(i) The Secretary of State shall require the use of HB1864 ~~Engrossed~~Enrolled - 31 - LRB095 04953 DRH 25019 b ignition interlock devices on all vehicles owned by an individual who has been convicted of a second or subsequent offense of this Section or a similar provision of a local ordinance.

police officer HB1864 ~~Engrossed~~Enrolled - 32 - LRB095 04953 DRH 25019 b training and education in areas related to alcohol related crime, including but not limited to DUI training;

All moneys received by the Secretary of State Police under subsection (j) of this Section shall be deposited into the Secretary of State Police DUI Fund and, subject to appropriation, shall be used for enforcement HB1864 ~~Engrossed~~Enrolled - 33 - LRB095 04953 DRH 25019 b and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law enforcement equipment and commodities to assist in the prevention of alcohol related criminal violence throughout the State;

Programs providing treatment must be HB1864 ~~Engrossed~~Enrolled - 34 - LRB095 04953 DRH 25019 b licensed under existing applicable alcoholism and drug treatment licensure standards.

Driving while under the influence of alcohol, HB1864 ~~Engrossed~~Enrolled - 35 - LRB095 04953 DRH 25019 b other drug or drugs, intoxicating compound or compounds or any combination thereof.

(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other drug or drugs, or intoxicating compound or compounds, or any HB1864 ~~Engrossed~~Enrolled - 36 - LRB095 04953 DRH 25019 b combination thereof, shall not constitute a defense against any charge of violating this Section.

(b-4) In the case of a third or subsequent violation committed within 5 years of a previous violation of subsection (a) or a similar provision, in addition to any other criminal or administrative sanction, a mandatory minimum term of either HB1864 ~~Engrossed~~Enrolled - 37 - LRB095 04953 DRH 25019 b 10 days of imprisonment or 480 hours of community service shall be imposed.

(2.1) A person who violates subsection (a) a third time, if the third violation occurs during a period in which his or her driving privileges are revoked or suspended where the revocation or suspension was for a HB1864 ~~Engrossed~~Enrolled - 38 - LRB095 04953 DRH 25019 b violation of subsection (a), Section 11-501.1, subsection (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) a fourth or subsequent time, if the fourth or subsequent violation occurs during a period in which his or her driving HB1864 ~~Engrossed~~Enrolled - 39 - LRB095 04953 DRH 25019 b privileges are revoked 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 2 felony and is not eligible for a sentence of probation or conditional discharge.

The imprisonment or HB1864 ~~Engrossed~~Enrolled - 40 - LRB095 04953 DRH 25019 b assignment of community service under this subsection (c-6) is not subject to suspension, nor is the person eligible for a reduced sentence.

Show all 118 changed lines (78 more)

(c-9) Any person convicted a third time for violating subsection (a) or a similar provision, if at the time of the third violation the person was transporting a person under the HB1864 ~~Engrossed~~Enrolled - 41 - LRB095 04953 DRH 25019 b age of 16, is guilty of a Class 4 felony and shall receive, in addition to any other penalty imposed, an additional mandatory fine of $1,000, an additional mandatory 140 hours of community service, which shall include 40 hours in a program benefiting children, and a mandatory minimum 30 days of imprisonment.

(c-11) Any person convicted a fourth or subsequent time for violating subsection (a) or a similar provision, if at the time of the fourth or subsequent violation the person was transporting a person under the age of 16, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or while the alcohol concentration in his or her blood, breath, or HB1864 ~~Engrossed~~Enrolled - 42 - LRB095 04953 DRH 25019 b 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 2 felony, is not eligible for probation or conditional discharge, and is subject to a minimum fine of $3,000.

(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 HB1864 ~~Engrossed~~Enrolled - 43 - LRB095 04953 DRH 25019 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.

HB1864 ~~Engrossed~~Enrolled - 44 - LRB095 04953 DRH 25019 b (A) the person committed a violation of subsection (a) or a similar provision for the third or subsequent time;

(E) the person, in committing a violation of subsection (a) while driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under subsection (a) of Section 11-605 of this Code, was involved in a motor vehicle HB1864 ~~Engrossed~~Enrolled - 45 - LRB095 04953 DRH 25019 b accident that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person, when the violation of subsection (a) was a proximate cause of the bodily harm;

(A) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted HB1864 ~~Engrossed~~Enrolled - 46 - LRB095 04953 DRH 25019 b in the death of one person;

(e-1) Any person who is found guilty of or pleads guilty to HB1864 ~~Engrossed~~Enrolled - 47 - LRB095 04953 DRH 25019 b 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.

HB1864 ~~Engrossed~~Enrolled - 48 - LRB095 04953 DRH 25019 b (j) In addition to any other penalties and liabilities, a person who is found guilty of or pleads guilty to violating subsection (a), including any person placed on court supervision for violating subsection (a), shall be fined $500, payable to the circuit clerk, who shall distribute the money as follows:

Equipment and commodities shall include, but are not limited to, in-car video cameras, HB1864 ~~Engrossed~~Enrolled - 49 - LRB095 04953 DRH 25019 b radar and laser speed detection devices, and alcohol breath testers.

police officer HB1864 ~~Engrossed~~Enrolled - 50 - LRB095 04953 DRH 25019 b training and education in areas related to alcohol related crime, including but not limited to DUI training;

(m) In addition to any other fine or penalty required by law, an individual convicted of a violation of subsection (a), Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a HB1864 ~~Engrossed~~Enrolled - 51 - LRB095 04953 DRH 25019 b similar provision, whose operation of a motor vehicle, snowmobile, or watercraft while in violation of subsection (a), Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision proximately caused an incident resulting in an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response.

(1) the alcohol concentration in the person’s blood or breath is 0.08 or more based on the definition of blood and HB1864 ~~Engrossed~~Enrolled - 52 - LRB095 04953 DRH 25019 b breath units in Section 11-501.2;

(1) Any reference to a prior violation of subsection (a) or a similar provision includes any violation of a provision of a local ordinance or a provision of a law of HB1864 ~~Engrossed~~Enrolled - 53 - LRB095 04953 DRH 25019 b another state that is similar to a violation of subsection (a) of this Section.

HB1864 ~~Engrossed~~Enrolled - 54 - LRB095 04953 DRH 25019 b (c) (Blank).

and if the person receives a term of probation or conditional discharge, he or she shall be required to serve a mandatory minimum of 10 days of HB1864 ~~Engrossed~~Enrolled - 55 - LRB095 04953 DRH 25019 b imprisonment or shall be assigned a mandatory minimum of 480 hours of community service, as may be determined by the court, as a condition of the probation or conditional discharge.

HB1864 ~~Engrossed~~Enrolled - 56 - LRB095 04953 DRH 25019 b (c-2) (Blank).

(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 HB1864 ~~Engrossed~~Enrolled - 57 - LRB095 04953 DRH 25019 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 community service under this HB1864 ~~Engrossed~~Enrolled - 58 - LRB095 04953 DRH 25019 b subsection (c-9) is not subject to suspension, nor is the person eligible for a reduced sentence.

(c-12) Any person convicted of a first violation of subsection (a) or a similar provision, if the alcohol HB1864 ~~Engrossed~~Enrolled - 59 - LRB095 04953 DRH 25019 b 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 100 hours of community service and a mandatory minimum fine of $500.

(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 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 HB1864 ~~Engrossed~~Enrolled - 60 - LRB095 04953 DRH 25019 b mandatory minimum of 90 days of imprisonment and a mandatory minimum fine of $2,500.

(B) the person committed a violation of subsection HB1864 ~~Engrossed~~Enrolled - 61 - LRB095 04953 DRH 25019 b (a) while driving a school bus with persons 18 years of age or younger on board;

or HB1864 ~~Engrossed~~Enrolled - 62 - LRB095 04953 DRH 25019 b (F) the person, in committing a violation of subsection (a), was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the violation of subsection (a) was a proximate cause of the death.

For any prosecution under this subsection (d), a certified copy of the driving abstract of the defendant shall be admitted HB1864 ~~Engrossed~~Enrolled - 63 - LRB095 04953 DRH 25019 b as proof of any prior conviction.

(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 HB1864 ~~Engrossed~~Enrolled - 64 - LRB095 04953 DRH 25019 b 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), including any person placed on court supervision for violating subsection (a), shall be fined $500, payable to the circuit clerk, who shall distribute the money as HB1864 ~~Engrossed~~Enrolled - 65 - LRB095 04953 DRH 25019 b follows:

Any moneys received by the Department of State Police under this subsection (j) shall be deposited into the State Police DUI Fund and shall be used for enforcement and prevention of driving while under the influence of alcohol, HB1864 ~~Engrossed~~Enrolled - 66 - LRB095 04953 DRH 25019 b other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law enforcement equipment and commodities that will assist in the prevention of alcohol related criminal violence throughout the State;

HB1864 ~~Engrossed~~Enrolled - 67 - LRB095 04953 DRH 25019 b (l) Whenever an individual is sentenced for an offense based upon an arrest for a violation of subsection (a) or a similar provision of a local ordinance, and the professional evaluation recommends remedial or rehabilitative treatment or education, neither the treatment nor the education shall be the sole disposition and either or both may be imposed only in conjunction with another disposition.

(m) In addition to any other fine or penalty required by law, an individual convicted of a violation of subsection (a), Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision, whose operation of a motor vehicle, snowmobile, or watercraft while in violation of subsection (a), Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision proximately caused an incident resulting in HB1864 ~~Engrossed~~Enrolled - 68 - LRB095 04953 DRH 25019 b an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response.

HB1864 ~~Engrossed~~Enrolled - 69 - LRB095 04953 DRH 25019 b (4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;

(2) Any penalty imposed for driving with a license that has been revoked for a previous violation of subsection (a) of this Section shall be in addition to the penalty imposed HB1864 ~~Engrossed~~Enrolled - 70 - LRB095 04953 DRH 25019 b for any subsequent violation of subsection (a).

(c-1) (1) A person who violates subsection (a) 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), Section 11-501.1, paragraph HB1864 ~~Engrossed~~Enrolled - 71 - LRB095 04953 DRH 25019 b (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 HB1864 ~~Engrossed~~Enrolled - 72 - LRB095 04953 DRH 25019 b additional mandatory minimum term of 30 consecutive days of imprisonment, 40 days of 24-hour periodic imprisonment, or 720 hours of community service, as may be determined by the court.

(c-6) Except as provided in subsections (c-7) and (c-8) a HB1864 ~~Engrossed~~Enrolled - 73 - LRB095 04953 DRH 25019 b person who violates subsection (a) a second time, if at the time of the second violation the person was transporting a person under the age of 16, is subject to an additional 10 days of imprisonment, an additional mandatory minimum fine of $1,000, and an additional mandatory minimum 140 hours of community service, which shall include 40 hours of community service in a program benefiting children.

(c-8) Any person convicted of violating subsection (c-6) or a similar provision within 5 years of a previous violation of subsection (a) or a similar provision shall receive, in addition to any other penalty imposed, an additional 80 hours of mandatory community service in a program benefiting children, an additional mandatory minimum 12 days of HB1864 ~~Engrossed~~Enrolled - 74 - LRB095 04953 DRH 25019 b imprisonment, and a mandatory minimum fine of $1,750.

HB1864 ~~Engrossed~~Enrolled - 75 - LRB095 04953 DRH 25019 b (c-11) Any person convicted a fourth time for violating subsection (a) or a similar provision, if at the time of the fourth violation the person was transporting a person under the age of 16, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or while 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 2 felony, is not eligible for probation or conditional discharge, and is subject to a minimum fine of $3,000.

(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 HB1864 ~~Engrossed~~Enrolled - 76 - LRB095 04953 DRH 25019 b 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 imprisonment and a mandatory minimum fine of $1,250.

(c-15) Any person convicted of a fourth violation of subsection (a) or a similar provision, if at the time of the fourth violation 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, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or while 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 2 felony and is not eligible for a sentence of HB1864 ~~Engrossed~~Enrolled - 77 - LRB095 04953 DRH 25019 b probation or conditional discharge and is subject to a minimum fine of $2,500.

(D) the person committed a violation of subsection (a) for a second time and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person HB1864 ~~Engrossed~~Enrolled - 78 - LRB095 04953 DRH 25019 b has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);

Except as provided in HB1864 ~~Engrossed~~Enrolled - 79 - LRB095 04953 DRH 25019 b paragraph (4) of subsection (c-1), aggravated driving under the influence of alcohol, other drug, or drugs, intoxicating compounds or compounds, or any combination thereof as defined in subparagraph (A) of paragraph (1) of this subsection (d) is a Class 2 felony.

(e) After a finding of guilt and prior to any final HB1864 ~~Engrossed~~Enrolled - 80 - LRB095 04953 DRH 25019 b sentencing, or an order for supervision, for an offense based upon an arrest for a violation of this Section or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of treatment as appropriate.

(f) Every person found guilty of violating this Section, whose operation of a motor vehicle while in violation of this Section proximately caused any incident resulting in an appropriate emergency response, shall be liable for the expense of an emergency response as provided in subsection (m) of this HB1864 ~~Engrossed~~Enrolled - 81 - LRB095 04953 DRH 25019 b Section under Section 5-5-3 of the Unified Code of Corrections.

Any moneys received by a law enforcement agency under this subsection (j) shall be used for enforcement and HB1864 ~~Engrossed~~Enrolled - 82 - LRB095 04953 DRH 25019 b prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law enforcement equipment and commodities that will assist in the prevention of alcohol related criminal violence throughout the State;

and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, HB1864 ~~Engrossed~~Enrolled - 83 - LRB095 04953 DRH 25019 b and liquor store sting operations.

HB1864 ~~Engrossed~~Enrolled - 84 - LRB095 04953 DRH 25019 b Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human Services.

HB1864 ~~Engrossed~~Enrolled - 85 - LRB095 04953 DRH 25019 b 93-584, eff.

or (6) there is any amount of a drug, substance, or compound in the person’s breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in HB1864 ~~Engrossed~~Enrolled - 86 - LRB095 04953 DRH 25019 b the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act.

(b-3) In addition to any other criminal or administrative sanction for any second conviction of violating subsection (a) or a similar provision committed within 5 years of a previous violation of subsection (a) or a similar provision, the defendant shall be sentenced to a mandatory minimum of 5 days HB1864 ~~Engrossed~~Enrolled - 87 - LRB095 04953 DRH 25019 b of imprisonment or assigned a mandatory minimum of 240 hours of community service as may be determined by the court.

(2) A person who violates subsection (a) a third time, if the third 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 HB1864 ~~Engrossed~~Enrolled - 88 - LRB095 04953 DRH 25019 b 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 aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and is guilty of a Class 3 felony.

(2.2) A person who violates subsection (a), if the violation occurs during a period in which his or her HB1864 ~~Engrossed~~Enrolled - 89 - LRB095 04953 DRH 25019 b driving privileges are revoked or suspended where the revocation or suspension was for a violation of subsection (a) or Section 11-501.1, is guilty of aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and shall also be sentenced to an additional mandatory minimum term of 30 consecutive days of imprisonment, 40 days of 24-hour periodic imprisonment, or 720 hours of community service, as may be determined by the court.

HB1864 ~~Engrossed~~Enrolled - 90 - LRB095 04953 DRH 25019 b (c-4) (Blank).

(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 similar provision shall receive, in addition to any other penalty imposed, a mandatory minimum 12 days imprisonment, an HB1864 ~~Engrossed~~Enrolled - 91 - LRB095 04953 DRH 25019 b additional 40 hours of mandatory community service in a program benefiting children, and a mandatory minimum fine of $1,750.

HB1864 ~~Engrossed~~Enrolled - 92 - LRB095 04953 DRH 25019 b (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 any other penalty imposed, an additional mandatory 40 hours of community service in a program benefiting children, an additional mandatory fine of $3,000, and a mandatory minimum 120 days of imprisonment.

(c-12) Any person convicted of a first violation of subsection (a) or a similar provision, if 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 HB1864 ~~Engrossed~~Enrolled - 93 - LRB095 04953 DRH 25019 b in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 100 hours of community service and a mandatory minimum fine of $500.

HB1864 ~~Engrossed~~Enrolled - 94 - LRB095 04953 DRH 25019 b (c-15) Any person convicted of a fourth or subsequent violation of subsection (a) or a similar provision, if at the time of the fourth or subsequent violation 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, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or while 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 2 felony and is not eligible for a sentence of probation or conditional discharge and is subject to a minimum fine of $2,500.

(C) the person in committing a violation of subsection (a) was involved in a motor vehicle accident HB1864 ~~Engrossed~~Enrolled - 95 - LRB095 04953 DRH 25019 b that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries;

or (F) the person, in committing a violation of subsection (a), was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, HB1864 ~~Engrossed~~Enrolled - 96 - LRB095 04953 DRH 25019 b when the violation of subsection (a) was a proximate cause of the death;

(A) a term of imprisonment of not less than 3 years and not more than 14 HB1864 ~~Engrossed~~Enrolled - 97 - LRB095 04953 DRH 25019 b years if the violation resulted in the death of one person;

(e-1) Any person who is found guilty of or pleads guilty to HB1864 ~~Engrossed~~Enrolled - 98 - LRB095 04953 DRH 25019 b 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.

HB1864 ~~Engrossed~~Enrolled - 99 - LRB095 04953 DRH 25019 b (j) In addition to any other penalties and liabilities, a person who is found guilty of or pleads guilty to violating subsection (a), including any person placed on court supervision for violating subsection (a), shall be fined $500, payable to the circuit clerk, who shall distribute the money as follows:

Equipment and commodities shall include, but are not limited to, in-car video cameras, HB1864 ~~Engrossed~~Enrolled - 100 - LRB095 04953 DRH 25019 b radar and laser speed detection devices, and alcohol breath testers.

police officer HB1864 ~~Engrossed~~Enrolled - 101 - LRB095 04953 DRH 25019 b training and education in areas related to alcohol related crime, including but not limited to DUI training;

(m) In addition to any other fine or penalty required by law, an individual convicted of a violation of subsection (a), Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a HB1864 ~~Engrossed~~Enrolled - 102 - LRB095 04953 DRH 25019 b similar provision, whose operation of a motor vehicle, snowmobile, or watercraft while in violation of subsection (a), Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision proximately caused an incident resulting in an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response.

HB1864 ~~Engrossed~~Enrolled - 103 - LRB095 04953 DRH 25019 b (a) A person may not operate or be in actual physical control of a snowmobile within this State while:

(b) The fact that a person charged with violating this Section is or has been legally entitled to use alcohol, other HB1864 ~~Engrossed~~Enrolled - 104 - LRB095 04953 DRH 25019 b drug or drugs, any intoxicating compound or compounds, or any combination of them does not constitute a defense against a charge of violating this Section.

A person guilty of a Class 4 felony under this paragraph 2, if sentenced to a HB1864 ~~Engrossed~~Enrolled - 105 - LRB095 04953 DRH 25019 b term of imprisonment, shall be sentenced to not less than one year nor more than 12 years;

(e-2) Every person found guilty of violating this Section, whose operation of a snowmobile while in violation of this Section proximately caused any incident resulting in an appropriate emergency response, shall be liable for the expense HB1864 ~~Engrossed~~Enrolled - 106 - LRB095 04953 DRH 25019 b of an emergency response as provided in subsection (m) of Section 11-501 of the Illinois Vehicle Code under Section 5-5-3 of the Unified Code of Corrections.

(g) In addition to any criminal penalties imposed, the Department of Natural Resources shall suspend for a period of 5 years the snowmobile operation privileges of any person HB1864 ~~Engrossed~~Enrolled - 107 - LRB095 04953 DRH 25019 b convicted or found guilty of a felony under this Section.

(d) Under the combined influence of alcohol and any HB1864 ~~Engrossed~~Enrolled - 108 - LRB095 04953 DRH 25019 b other drug or drugs to a degree which renders such person incapable of safely operating a watercraft;

A person guilty of a Class 4 felony under this HB1864 ~~Engrossed~~Enrolled - 109 - LRB095 04953 DRH 25019 b subparagraph (b), if sentenced to a term of imprisonment, shall be sentenced to a term of not less than one year nor more than 12 years;

A person found guilty of violating this Section, if his or her operation of a watercraft while in violation of this Section proximately caused any incident resulting HB1864 ~~Engrossed~~Enrolled - 110 - LRB095 04953 DRH 25019 b in an appropriate emergency response, is liable for the expense of an emergency response as provided in subsection (m) of Section 11-501 of the Illinois Vehicle Code under Section 5-5-3 of the Unified Code of Corrections.

Code of Federal Regulations for a period of one year, except that a first time offender HB1864 ~~Engrossed~~Enrolled - 111 - LRB095 04953 DRH 25019 b is exempt from this mandatory one year suspension.

A urine test may be administered even after a blood or breath test HB1864 ~~Engrossed~~Enrolled - 112 - LRB095 04953 DRH 25019 b or both has been administered.

Notwithstanding any ability to refuse under this Act to submit to these tests or any ability to revoke the implied consent to these tests, if a law enforcement officer has probable cause to believe that a watercraft operated by or under actual physical control of a person HB1864 ~~Engrossed~~Enrolled - 113 - LRB095 04953 DRH 25019 b under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination of them has caused the death of or personal injury to another, that person shall submit, upon the request of a law enforcement officer, to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the alcohol content or the presence of any other drug, intoxicating compound, or combination of them.

Following this warning, if a person under arrest refuses upon the request of a law enforcement officer to submit to a test designated by the officer, no test shall be given, but the law enforcement officer shall file with HB1864 ~~Engrossed~~Enrolled - 114 - LRB095 04953 DRH 25019 b the clerk of the circuit court for the county in which the arrest was made, and with the Department of Natural Resources, a sworn statement naming the person refusing to take and complete the chemical test or tests requested under the provisions of this Section.

The law enforcement officer submitting the sworn statement as provided in paragraph 3 of this subsection (B) shall serve immediate written notice upon the person refusing the chemical test or tests that the person’s privilege to operate a watercraft within this State will be HB1864 ~~Engrossed~~Enrolled - 115 - LRB095 04953 DRH 25019 b suspended for a period of 2 years unless, within 28 days from the date of the notice, the person requests in writing a hearing on the suspension.

If the person fails to request in writing a hearing within 28 days from the date of notice, or if a hearing is held and the court finds against the person on the issues before the court, the clerk shall immediately notify the Department of Natural Resources, and the Department shall HB1864 ~~Engrossed~~Enrolled - 116 - LRB095 04953 DRH 25019 b suspend the watercraft operation privileges of the person for at least 2 years.

A person must submit to each chemical test offered HB1864 ~~Engrossed~~Enrolled - 117 - LRB095 04953 DRH 25019 b by the law enforcement officer in order to comply with the implied consent provisions of this Section.

(E) The owner of any watercraft or any person given HB1864 ~~Engrossed~~Enrolled - 118 - LRB095 04953 DRH 25019 b supervisory authority over a watercraft, may not knowingly permit a watercraft to be operated by any person under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof.

Latest

HB1864 ~~Engrossed~~ LRB095 04953 DRH 25019 b AN ACT concerning transportation.

HB1864 Enrolled LRB095 04953 DRH 25019 b AN ACT concerning transportation.

(5) under the combined influence of alcohol, other drug HB1864 ~~Engrossed~~ - 2 - LRB095 04953 DRH 25019 b or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving;

(5) under the combined influence of alcohol, other drug HB1864 Enrolled - 2 - LRB095 04953 DRH 25019 b or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving;

HB1864 ~~Engrossed~~ - 3 - LRB095 04953 DRH 25019 b (b-3) In addition to any other criminal or administrative sanction for any second conviction of violating subsection (a) or a similar provision committed within 5 years of a previous violation of subsection (a) or a similar provision, the defendant shall be sentenced to a mandatory minimum of 5 days of imprisonment or assigned a mandatory minimum of 240 hours of community service as may be determined by the court.

HB1864 Enrolled - 3 - LRB095 04953 DRH 25019 b (b-3) In addition to any other criminal or administrative sanction for any second conviction of violating subsection (a) or a similar provision committed within 5 years of a previous violation of subsection (a) or a similar provision, the defendant shall be sentenced to a mandatory minimum of 5 days of imprisonment or assigned a mandatory minimum of 240 hours of community service as may be determined by the court.

(2) A person who violates subsection (a) a third time, HB1864 ~~Engrossed~~ - 4 - LRB095 04953 DRH 25019 b if the third 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), 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;

(2) A person who violates subsection (a) a third time, HB1864 Enrolled - 4 - LRB095 04953 DRH 25019 b if the third 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), 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) a fourth or HB1864 ~~Engrossed~~ - 5 - LRB095 04953 DRH 25019 b 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 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 2 felony and is not eligible for a sentence of probation or conditional discharge.

(3) A person who violates subsection (a) a fourth or HB1864 Enrolled - 5 - LRB095 04953 DRH 25019 b 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 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 2 felony and is not eligible for a sentence of probation or conditional discharge.

(2) Except as provided in subdivisions (c-5)(3) and (c-5)(4) a person who violates subsection (a) a second time, if at the time of the second violation the person was transporting a person under the age of 16, is subject to an additional 10 days of imprisonment, an additional HB1864 ~~Engrossed~~ - 6 - LRB095 04953 DRH 25019 b mandatory minimum fine of $1,000, and an additional mandatory minimum 140 hours of community service, which shall include 40 hours of community service in a program benefiting children.

(2) Except as provided in subdivisions (c-5)(3) and (c-5)(4) a person who violates subsection (a) a second time, if at the time of the second violation the person was transporting a person under the age of 16, is subject to an additional 10 days of imprisonment, an additional HB1864 Enrolled - 6 - LRB095 04953 DRH 25019 b mandatory minimum fine of $1,000, and an additional mandatory minimum 140 hours of community service, which shall include 40 hours of community service in a program benefiting children.

The imprisonment or assignment of community HB1864 ~~Engrossed~~ - 7 - LRB095 04953 DRH 25019 b service under this subdivision (c-5)(4) is not subject to suspension, nor is the person eligible for a reduced sentence.

The imprisonment or assignment of community HB1864 Enrolled - 7 - LRB095 04953 DRH 25019 b service under this subdivision (c-5)(4) is not subject to suspension, nor is the person eligible for a reduced sentence.

The imprisonment or assignment of community service under this subdivision (c-5)(6) is not subject to suspension, nor is the person eligible for a reduced HB1864 Enrolled - 8 - LRB095 04953 DRH 25019 b sentence.

(2) 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, if at the time of the second violation of subsection (a) or a similar provision the alcohol HB1864 ~~Engrossed~~ - 9 - LRB095 04953 DRH 25019 b 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 imprisonment and a mandatory minimum fine of $1,250.

(2) 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, if at the time of the second violation of subsection (a) or a similar provision the alcohol HB1864 Enrolled - 9 - LRB095 04953 DRH 25019 b 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 imprisonment and a mandatory minimum fine of $1,250.

(4) Any person convicted of a fourth or subsequent violation of subsection (a) or a similar provision, if at the time of the fourth or subsequent violation 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, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or HB1864 ~~Engrossed~~ - 10 - LRB095 04953 DRH 25019 b while 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 2 felony and is not eligible for a sentence of probation or conditional discharge and is subject to a minimum fine of $2,500.

(4) Any person convicted of a fourth or subsequent violation of subsection (a) or a similar provision, if at the time of the fourth or subsequent violation 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, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or HB1864 Enrolled - 10 - LRB095 04953 DRH 25019 b while 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 2 felony and is not eligible for a sentence of probation or conditional discharge and is subject to a minimum fine of $2,500.

(D) the person committed a violation of subsection (a) for a second time and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or a similar provision of a law of another state HB1864 ~~Engrossed~~ - 11 - LRB095 04953 DRH 25019 b relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);

(D) the person committed a violation of subsection (a) for a second time and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or a similar provision of a law of another state HB1864 Enrolled - 11 - LRB095 04953 DRH 25019 b relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);

For a violation of subparagraph (C) of paragraph HB1864 ~~Engrossed~~ - 12 - LRB095 04953 DRH 25019 b (1) of this subsection (d), the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.

For a violation of subparagraph (C) of paragraph HB1864 Enrolled - 12 - LRB095 04953 DRH 25019 b (1) of this subsection (d), the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.

(e) After a finding of guilt and prior to any final sentencing, or an order for supervision, for an offense based upon an arrest for a violation of this Section or a similar HB1864 ~~Engrossed~~ - 13 - LRB095 04953 DRH 25019 b provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of treatment as appropriate.

(e) After a finding of guilt and prior to any final sentencing, or an order for supervision, for an offense based upon an arrest for a violation of this Section or a similar HB1864 Enrolled - 13 - LRB095 04953 DRH 25019 b provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of treatment as appropriate.

(g) The Secretary of State shall revoke the driving HB1864 ~~Engrossed~~ - 14 - LRB095 04953 DRH 25019 b privileges of any person convicted under this Section or a similar provision of a local ordinance.

(g) The Secretary of State shall revoke the driving HB1864 Enrolled - 14 - LRB095 04953 DRH 25019 b privileges of any person convicted under this Section or a similar provision of a local ordinance.

Any moneys received by a law enforcement agency under this subsection (j) shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any HB1864 ~~Engrossed~~ - 15 - LRB095 04953 DRH 25019 b combination thereof, as defined by this Section, including but not limited to the purchase of law enforcement equipment and commodities that will assist in the prevention of alcohol related criminal violence throughout the State;

Any moneys received by a law enforcement agency under this subsection (j) shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any HB1864 Enrolled - 15 - LRB095 04953 DRH 25019 b combination thereof, as defined by this Section, including but not limited to the purchase of law enforcement equipment and commodities that will assist in the prevention of alcohol related criminal violence throughout the State;

(k) The Secretary of State Police DUI Fund is created as a HB1864 ~~Engrossed~~ - 16 - LRB095 04953 DRH 25019 b special fund in the State treasury.

(k) The Secretary of State Police DUI Fund is created as a HB1864 Enrolled - 16 - LRB095 04953 DRH 25019 b special fund in the State treasury.

Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human HB1864 ~~Engrossed~~ - 17 - LRB095 04953 DRH 25019 b Services.

Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human HB1864 Enrolled - 17 - LRB095 04953 DRH 25019 b Services.

HB1864 ~~Engrossed~~ - 18 - LRB095 04953 DRH 25019 b 6-28-06.) (Text of Section from P.A.

HB1864 Enrolled - 18 - LRB095 04953 DRH 25019 b 6-28-06.) (Text of Section from P.A.

or (6) there is any amount of a drug, substance, or compound in the person’s breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating HB1864 ~~Engrossed~~ - 19 - LRB095 04953 DRH 25019 b compound listed in the Use of Intoxicating Compounds Act.

or (6) there is any amount of a drug, substance, or compound in the person’s breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating HB1864 Enrolled - 19 - LRB095 04953 DRH 25019 b compound listed in the Use of Intoxicating Compounds Act.

HB1864 ~~Engrossed~~ - 20 - LRB095 04953 DRH 25019 b (b-4) In the case of a third or subsequent violation committed within 5 years of a previous violation of subsection (a) or a similar provision, in addition to any other criminal or administrative sanction, a mandatory minimum term of either 10 days of imprisonment or 480 hours of community service shall be imposed.

HB1864 Enrolled - 20 - LRB095 04953 DRH 25019 b (b-4) In the case of a third or subsequent violation committed within 5 years of a previous violation of subsection (a) or a similar provision, in addition to any other criminal or administrative sanction, a mandatory minimum term of either 10 days of imprisonment or 480 hours of community service shall be imposed.

and if the person receives a term of probation or HB1864 ~~Engrossed~~ - 21 - LRB095 04953 DRH 25019 b conditional discharge, he or she shall be required to serve a mandatory minimum of 10 days of imprisonment or shall be assigned a mandatory minimum of 480 hours of community service, as may be determined by the court, as a condition of the probation or conditional discharge.

and if the person receives a term of probation or HB1864 Enrolled - 21 - LRB095 04953 DRH 25019 b conditional discharge, he or she shall be required to serve a mandatory minimum of 10 days of imprisonment or shall be assigned a mandatory minimum of 480 hours of community service, as may be determined by the court, as a condition of the probation or conditional discharge.

(3) A person who violates subsection (a) 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 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 2 felony and is not eligible for HB1864 ~~Engrossed~~ - 22 - LRB095 04953 DRH 25019 b a sentence of probation or conditional discharge.

(3) A person who violates subsection (a) 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 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 2 felony and is not eligible for HB1864 Enrolled - 22 - LRB095 04953 DRH 25019 b a sentence of probation or conditional discharge.

(c-6) Except as provided in subsections (c-7) and (c-7.1), HB1864 ~~Engrossed~~ - 23 - LRB095 04953 DRH 25019 b a person 21 years of age or older who violates subsection (a) a second time, if at the time of the second violation the person was transporting a person under the age of 16, is subject to 6 months of imprisonment, an additional mandatory minimum fine of $1,000, and an additional mandatory minimum 140 hours of community service, which shall include 40 hours of community service in a program benefiting children.

(c-6) Except as provided in subsections (c-7) and (c-7.1), HB1864 Enrolled - 23 - LRB095 04953 DRH 25019 b a person 21 years of age or older who violates subsection (a) a second time, if at the time of the second violation the person was transporting a person under the age of 16, is subject to 6 months of imprisonment, an additional mandatory minimum fine of $1,000, and an additional mandatory minimum 140 hours of community service, which shall include 40 hours of community service in a program benefiting children.

(c-7.1) A person 21 years of age or older who is convicted of violating subsection (a) of this Section a second time within 10 years and who in committing that violation was involved in a motor vehicle accident that resulted in bodily harm to the child under the age of 16 being transported, if the violation was the proximate cause of the injury, is guilty of a HB1864 ~~Engrossed~~ - 24 - LRB095 04953 DRH 25019 b Class 4 felony and is subject to 18 months of imprisonment, a mandatory fine of $5,000, and 25 days of community service in a program benefiting children.

(c-7.1) A person 21 years of age or older who is convicted of violating subsection (a) of this Section a second time within 10 years and who in committing that violation was involved in a motor vehicle accident that resulted in bodily harm to the child under the age of 16 being transported, if the violation was the proximate cause of the injury, is guilty of a HB1864 Enrolled - 24 - LRB095 04953 DRH 25019 b Class 4 felony and is subject to 18 months of imprisonment, a mandatory fine of $5,000, and 25 days of community service in a program benefiting children.

HB1864 ~~Engrossed~~ - 25 - LRB095 04953 DRH 25019 b (c-11) Any person 21 years of age or older convicted a fourth or subsequent time for violating subsection (a) or a similar provision, if at the time of the fourth or subsequent violation the person was transporting a person under the age of 16, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or while 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 2 felony, is not eligible for probation or conditional discharge, and is subject to a minimum fine of $25,000.

HB1864 Enrolled - 25 - LRB095 04953 DRH 25019 b (c-11) Any person 21 years of age or older convicted a fourth or subsequent time for violating subsection (a) or a similar provision, if at the time of the fourth or subsequent violation the person was transporting a person under the age of 16, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or while 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 2 felony, is not eligible for probation or conditional discharge, and is subject to a minimum fine of $25,000.

(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, if at the time of the second 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 HB1864 ~~Engrossed~~ - 26 - LRB095 04953 DRH 25019 b 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 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, if at the time of the second 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 HB1864 Enrolled - 26 - LRB095 04953 DRH 25019 b 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 imprisonment and a mandatory minimum fine of $1,250.

(c-15) Any person convicted of a fourth or subsequent violation of subsection (a) or a similar provision, if at the time of the fourth or subsequent violation 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, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or while 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 2 felony and is not HB1864 ~~Engrossed~~ - 27 - LRB095 04953 DRH 25019 b eligible for a sentence of probation or conditional discharge and is subject to a minimum fine of $2,500.

(c-15) Any person convicted of a fourth or subsequent violation of subsection (a) or a similar provision, if at the time of the fourth or subsequent violation 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, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or while 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 2 felony and is not HB1864 Enrolled - 27 - LRB095 04953 DRH 25019 b eligible for a sentence of probation or conditional discharge and is subject to a minimum fine of $2,500.

(D) the person committed a violation of subsection (a) for a second time and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person HB1864 ~~Engrossed~~ - 28 - LRB095 04953 DRH 25019 b has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);

(D) the person committed a violation of subsection (a) for a second time and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person HB1864 Enrolled - 28 - LRB095 04953 DRH 25019 b has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);

Aggravated driving under the influence of alcohol, other drug or drugs, or HB1864 ~~Engrossed~~ - 29 - LRB095 04953 DRH 25019 b intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of this subsection (d) is a Class 2 felony, for which the defendant, if sentenced to a term of imprisonment, shall be sentenced to:

Aggravated driving under the influence of alcohol, other drug or drugs, or HB1864 Enrolled - 29 - LRB095 04953 DRH 25019 b intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of this subsection (d) is a Class 2 felony, for which the defendant, if sentenced to a term of imprisonment, shall be sentenced to:

(e) After a finding of guilt and prior to any final sentencing, or an order for supervision, for an offense based upon an arrest for a violation of this Section or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of HB1864 ~~Engrossed~~ - 30 - LRB095 04953 DRH 25019 b treatment as appropriate.

(e) After a finding of guilt and prior to any final sentencing, or an order for supervision, for an offense based upon an arrest for a violation of this Section or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of HB1864 Enrolled - 30 - LRB095 04953 DRH 25019 b treatment as appropriate.

(i) The Secretary of State shall require the use of HB1864 ~~Engrossed~~ - 31 - LRB095 04953 DRH 25019 b ignition interlock devices on all vehicles owned by an individual who has been convicted of a second or subsequent offense of this Section or a similar provision of a local ordinance.

(i) The Secretary of State shall require the use of HB1864 Enrolled - 31 - LRB095 04953 DRH 25019 b ignition interlock devices on all vehicles owned by an individual who has been convicted of a second or subsequent offense of this Section or a similar provision of a local ordinance.

police officer HB1864 ~~Engrossed~~ - 32 - LRB095 04953 DRH 25019 b training and education in areas related to alcohol related crime, including but not limited to DUI training;

police officer HB1864 Enrolled - 32 - LRB095 04953 DRH 25019 b training and education in areas related to alcohol related crime, including but not limited to DUI training;

All moneys received by the Secretary of State Police under subsection (j) of this Section shall be deposited into the Secretary of State Police DUI Fund and, subject to appropriation, shall be used for enforcement HB1864 ~~Engrossed~~ - 33 - LRB095 04953 DRH 25019 b and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law enforcement equipment and commodities to assist in the prevention of alcohol related criminal violence throughout the State;

All moneys received by the Secretary of State Police under subsection (j) of this Section shall be deposited into the Secretary of State Police DUI Fund and, subject to appropriation, shall be used for enforcement HB1864 Enrolled - 33 - LRB095 04953 DRH 25019 b and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law enforcement equipment and commodities to assist in the prevention of alcohol related criminal violence throughout the State;

Programs providing treatment must be HB1864 ~~Engrossed~~ - 34 - LRB095 04953 DRH 25019 b licensed under existing applicable alcoholism and drug treatment licensure standards.

Programs providing treatment must be HB1864 Enrolled - 34 - LRB095 04953 DRH 25019 b licensed under existing applicable alcoholism and drug treatment licensure standards.

Driving while under the influence of alcohol, HB1864 ~~Engrossed~~ - 35 - LRB095 04953 DRH 25019 b other drug or drugs, intoxicating compound or compounds or any combination thereof.

Driving while under the influence of alcohol, HB1864 Enrolled - 35 - LRB095 04953 DRH 25019 b other drug or drugs, intoxicating compound or compounds or any combination thereof.

(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other drug or drugs, or intoxicating compound or compounds, or any HB1864 ~~Engrossed~~ - 36 - LRB095 04953 DRH 25019 b 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 drug or drugs, or intoxicating compound or compounds, or any HB1864 Enrolled - 36 - LRB095 04953 DRH 25019 b combination thereof, shall not constitute a defense against any charge of violating this Section.

(b-4) In the case of a third or subsequent violation committed within 5 years of a previous violation of subsection (a) or a similar provision, in addition to any other criminal or administrative sanction, a mandatory minimum term of either HB1864 ~~Engrossed~~ - 37 - LRB095 04953 DRH 25019 b 10 days of imprisonment or 480 hours of community service shall be imposed.

(b-4) In the case of a third or subsequent violation committed within 5 years of a previous violation of subsection (a) or a similar provision, in addition to any other criminal or administrative sanction, a mandatory minimum term of either HB1864 Enrolled - 37 - LRB095 04953 DRH 25019 b 10 days of imprisonment or 480 hours of community service shall be imposed.

(2.1) A person who violates subsection (a) a third time, if the third violation occurs during a period in which his or her driving privileges are revoked or suspended where the revocation or suspension was for a HB1864 ~~Engrossed~~ - 38 - LRB095 04953 DRH 25019 b violation of subsection (a), Section 11-501.1, subsection (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;

(2.1) A person who violates subsection (a) a third time, if the third violation occurs during a period in which his or her driving privileges are revoked or suspended where the revocation or suspension was for a HB1864 Enrolled - 38 - LRB095 04953 DRH 25019 b violation of subsection (a), Section 11-501.1, subsection (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) a fourth or subsequent time, if the fourth or subsequent violation occurs during a period in which his or her driving HB1864 ~~Engrossed~~ - 39 - LRB095 04953 DRH 25019 b privileges are revoked 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 2 felony and is not eligible for a sentence of probation or conditional discharge.

(3) A person who violates subsection (a) a fourth or subsequent time, if the fourth or subsequent violation occurs during a period in which his or her driving HB1864 Enrolled - 39 - LRB095 04953 DRH 25019 b privileges are revoked 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 2 felony and is not eligible for a sentence of probation or conditional discharge.

The imprisonment or HB1864 ~~Engrossed~~ - 40 - LRB095 04953 DRH 25019 b assignment of community service under this subsection (c-6) is not subject to suspension, nor is the person eligible for a reduced sentence.

The imprisonment or HB1864 Enrolled - 40 - LRB095 04953 DRH 25019 b assignment of community service under this subsection (c-6) is not subject to suspension, nor is the person eligible for a reduced sentence.

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(c-9) Any person convicted a third time for violating subsection (a) or a similar provision, if at the time of the third violation the person was transporting a person under the HB1864 ~~Engrossed~~ - 41 - LRB095 04953 DRH 25019 b age of 16, is guilty of a Class 4 felony and shall receive, in addition to any other penalty imposed, an additional mandatory fine of $1,000, an additional mandatory 140 hours of community service, which shall include 40 hours in a program benefiting children, and a mandatory minimum 30 days of imprisonment.

(c-9) Any person convicted a third time for violating subsection (a) or a similar provision, if at the time of the third violation the person was transporting a person under the HB1864 Enrolled - 41 - LRB095 04953 DRH 25019 b age of 16, is guilty of a Class 4 felony and shall receive, in addition to any other penalty imposed, an additional mandatory fine of $1,000, an additional mandatory 140 hours of community service, which shall include 40 hours in a program benefiting children, and a mandatory minimum 30 days of imprisonment.

(c-11) Any person convicted a fourth or subsequent time for violating subsection (a) or a similar provision, if at the time of the fourth or subsequent violation the person was transporting a person under the age of 16, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or while the alcohol concentration in his or her blood, breath, or HB1864 ~~Engrossed~~ - 42 - LRB095 04953 DRH 25019 b 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 2 felony, is not eligible for probation or conditional discharge, and is subject to a minimum fine of $3,000.

(c-11) Any person convicted a fourth or subsequent time for violating subsection (a) or a similar provision, if at the time of the fourth or subsequent violation the person was transporting a person under the age of 16, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or while the alcohol concentration in his or her blood, breath, or HB1864 Enrolled - 42 - LRB095 04953 DRH 25019 b 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 2 felony, is not eligible for probation or conditional discharge, and is subject to a minimum fine of $3,000.

(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 HB1864 ~~Engrossed~~ - 43 - LRB095 04953 DRH 25019 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-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 HB1864 Enrolled - 43 - LRB095 04953 DRH 25019 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.

HB1864 ~~Engrossed~~ - 44 - LRB095 04953 DRH 25019 b (A) the person committed a violation of subsection (a) or a similar provision for the third or subsequent time;

HB1864 Enrolled - 44 - LRB095 04953 DRH 25019 b (A) the person committed a violation of subsection (a) or a similar provision for the third or subsequent time;

(E) the person, in committing a violation of subsection (a) while driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under subsection (a) of Section 11-605 of this Code, was involved in a motor vehicle HB1864 ~~Engrossed~~ - 45 - LRB095 04953 DRH 25019 b accident that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person, when the violation of subsection (a) was a proximate cause of the bodily harm;

(E) the person, in committing a violation of subsection (a) while driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under subsection (a) of Section 11-605 of this Code, was involved in a motor vehicle HB1864 Enrolled - 45 - LRB095 04953 DRH 25019 b accident that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person, when the violation of subsection (a) was a proximate cause of the bodily harm;

(A) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted HB1864 ~~Engrossed~~ - 46 - LRB095 04953 DRH 25019 b in the death of one person;

(A) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted HB1864 Enrolled - 46 - LRB095 04953 DRH 25019 b in the death of one person;

(e-1) Any person who is found guilty of or pleads guilty to HB1864 ~~Engrossed~~ - 47 - LRB095 04953 DRH 25019 b 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.

(e-1) Any person who is found guilty of or pleads guilty to HB1864 Enrolled - 47 - LRB095 04953 DRH 25019 b 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.

HB1864 ~~Engrossed~~ - 48 - LRB095 04953 DRH 25019 b (j) In addition to any other penalties and liabilities, a person who is found guilty of or pleads guilty to violating subsection (a), including any person placed on court supervision for violating subsection (a), shall be fined $500, payable to the circuit clerk, who shall distribute the money as follows:

HB1864 Enrolled - 48 - LRB095 04953 DRH 25019 b (j) In addition to any other penalties and liabilities, a person who is found guilty of or pleads guilty to violating subsection (a), including any person placed on court supervision for violating subsection (a), shall be fined $500, payable to the circuit clerk, who shall distribute the money as follows:

Equipment and commodities shall include, but are not limited to, in-car video cameras, HB1864 ~~Engrossed~~ - 49 - LRB095 04953 DRH 25019 b radar and laser speed detection devices, and alcohol breath testers.

Equipment and commodities shall include, but are not limited to, in-car video cameras, HB1864 Enrolled - 49 - LRB095 04953 DRH 25019 b radar and laser speed detection devices, and alcohol breath testers.

police officer HB1864 ~~Engrossed~~ - 50 - LRB095 04953 DRH 25019 b training and education in areas related to alcohol related crime, including but not limited to DUI training;

police officer HB1864 Enrolled - 50 - LRB095 04953 DRH 25019 b training and education in areas related to alcohol related crime, including but not limited to DUI training;

(m) In addition to any other fine or penalty required by law, an individual convicted of a violation of subsection (a), Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a HB1864 ~~Engrossed~~ - 51 - LRB095 04953 DRH 25019 b similar provision, whose operation of a motor vehicle, snowmobile, or watercraft while in violation of subsection (a), Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision proximately caused an incident resulting in an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response.

(m) In addition to any other fine or penalty required by law, an individual convicted of a violation of subsection (a), Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a HB1864 Enrolled - 51 - LRB095 04953 DRH 25019 b similar provision, whose operation of a motor vehicle, snowmobile, or watercraft while in violation of subsection (a), Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision proximately caused an incident resulting in an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response.

(1) the alcohol concentration in the person’s blood or breath is 0.08 or more based on the definition of blood and HB1864 ~~Engrossed~~ - 52 - LRB095 04953 DRH 25019 b breath units in Section 11-501.2;

(1) the alcohol concentration in the person’s blood or breath is 0.08 or more based on the definition of blood and HB1864 Enrolled - 52 - LRB095 04953 DRH 25019 b breath units in Section 11-501.2;

(1) Any reference to a prior violation of subsection (a) or a similar provision includes any violation of a provision of a local ordinance or a provision of a law of HB1864 ~~Engrossed~~ - 53 - LRB095 04953 DRH 25019 b another state that is similar to a violation of subsection (a) of this Section.

(1) Any reference to a prior violation of subsection (a) or a similar provision includes any violation of a provision of a local ordinance or a provision of a law of HB1864 Enrolled - 53 - LRB095 04953 DRH 25019 b another state that is similar to a violation of subsection (a) of this Section.

HB1864 ~~Engrossed~~ - 54 - LRB095 04953 DRH 25019 b (c) (Blank).

HB1864 Enrolled - 54 - LRB095 04953 DRH 25019 b (c) (Blank).

and if the person receives a term of probation or conditional discharge, he or she shall be required to serve a mandatory minimum of 10 days of HB1864 ~~Engrossed~~ - 55 - LRB095 04953 DRH 25019 b imprisonment or shall be assigned a mandatory minimum of 480 hours of community service, as may be determined by the court, as a condition of the probation or conditional discharge.

and if the person receives a term of probation or conditional discharge, he or she shall be required to serve a mandatory minimum of 10 days of HB1864 Enrolled - 55 - LRB095 04953 DRH 25019 b imprisonment or shall be assigned a mandatory minimum of 480 hours of community service, as may be determined by the court, as a condition of the probation or conditional discharge.

HB1864 ~~Engrossed~~ - 56 - LRB095 04953 DRH 25019 b (c-2) (Blank).

HB1864 Enrolled - 56 - LRB095 04953 DRH 25019 b (c-2) (Blank).

(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 HB1864 ~~Engrossed~~ - 57 - LRB095 04953 DRH 25019 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.

(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 HB1864 Enrolled - 57 - LRB095 04953 DRH 25019 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 community service under this HB1864 ~~Engrossed~~ - 58 - LRB095 04953 DRH 25019 b subsection (c-9) is not subject to suspension, nor is the person eligible for a reduced sentence.

The imprisonment or assignment of community service under this HB1864 Enrolled - 58 - LRB095 04953 DRH 25019 b subsection (c-9) is not subject to suspension, nor is the person eligible for a reduced sentence.

(c-12) Any person convicted of a first violation of subsection (a) or a similar provision, if the alcohol HB1864 ~~Engrossed~~ - 59 - LRB095 04953 DRH 25019 b 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 100 hours of community service and a mandatory minimum fine of $500.

(c-12) Any person convicted of a first violation of subsection (a) or a similar provision, if the alcohol HB1864 Enrolled - 59 - LRB095 04953 DRH 25019 b 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 100 hours of community service and a mandatory minimum fine of $500.

(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 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 HB1864 ~~Engrossed~~ - 60 - LRB095 04953 DRH 25019 b mandatory minimum of 90 days of imprisonment and a mandatory minimum fine of $2,500.

(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 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 HB1864 Enrolled - 60 - LRB095 04953 DRH 25019 b mandatory minimum of 90 days of imprisonment and a mandatory minimum fine of $2,500.

(B) the person committed a violation of subsection HB1864 ~~Engrossed~~ - 61 - LRB095 04953 DRH 25019 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 HB1864 Enrolled - 61 - LRB095 04953 DRH 25019 b (a) while driving a school bus with persons 18 years of age or younger on board;

or HB1864 ~~Engrossed~~ - 62 - LRB095 04953 DRH 25019 b (F) the person, in committing a violation of subsection (a), was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the violation of subsection (a) was a proximate cause of the death.

or HB1864 Enrolled - 62 - LRB095 04953 DRH 25019 b (F) the person, in committing a violation of subsection (a), was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the violation of subsection (a) was a proximate cause of the death.

For any prosecution under this subsection (d), a certified copy of the driving abstract of the defendant shall be admitted HB1864 ~~Engrossed~~ - 63 - LRB095 04953 DRH 25019 b as proof of any prior conviction.

For any prosecution under this subsection (d), a certified copy of the driving abstract of the defendant shall be admitted HB1864 Enrolled - 63 - LRB095 04953 DRH 25019 b as proof of any prior conviction.

(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 HB1864 ~~Engrossed~~ - 64 - LRB095 04953 DRH 25019 b Against Drunk Driving, or the Alliance Against Intoxicated Motorists.

(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 HB1864 Enrolled - 64 - LRB095 04953 DRH 25019 b Against Drunk Driving, or the Alliance Against Intoxicated Motorists.

Any moneys received by the Department of State Police under this subsection (j) shall be deposited into the State Police DUI Fund and shall be used for enforcement and prevention of driving while under the influence of alcohol, HB1864 ~~Engrossed~~ - 66 - LRB095 04953 DRH 25019 b other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law enforcement equipment and commodities that will assist in the prevention of alcohol related criminal violence throughout the State;

Any moneys received by the Department of State Police under this subsection (j) shall be deposited into the State Police DUI Fund and shall be used for enforcement and prevention of driving while under the influence of alcohol, HB1864 Enrolled - 66 - LRB095 04953 DRH 25019 b other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law enforcement equipment and commodities that will assist in the prevention of alcohol related criminal violence throughout the State;

HB1864 ~~Engrossed~~ - 67 - LRB095 04953 DRH 25019 b (l) Whenever an individual is sentenced for an offense based upon an arrest for a violation of subsection (a) or a similar provision of a local ordinance, and the professional evaluation recommends remedial or rehabilitative treatment or education, neither the treatment nor the education shall be the sole disposition and either or both may be imposed only in conjunction with another disposition.

HB1864 Enrolled - 67 - LRB095 04953 DRH 25019 b (l) Whenever an individual is sentenced for an offense based upon an arrest for a violation of subsection (a) or a similar provision of a local ordinance, and the professional evaluation recommends remedial or rehabilitative treatment or education, neither the treatment nor the education shall be the sole disposition and either or both may be imposed only in conjunction with another disposition.

(m) In addition to any other fine or penalty required by law, an individual convicted of a violation of subsection (a), Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision, whose operation of a motor vehicle, snowmobile, or watercraft while in violation of subsection (a), Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision proximately caused an incident resulting in HB1864 ~~Engrossed~~ - 68 - LRB095 04953 DRH 25019 b an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response.

(m) In addition to any other fine or penalty required by law, an individual convicted of a violation of subsection (a), Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision, whose operation of a motor vehicle, snowmobile, or watercraft while in violation of subsection (a), Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision proximately caused an incident resulting in HB1864 Enrolled - 68 - LRB095 04953 DRH 25019 b an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response.

HB1864 ~~Engrossed~~ - 69 - LRB095 04953 DRH 25019 b (4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;

HB1864 Enrolled - 69 - LRB095 04953 DRH 25019 b (4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;

(2) Any penalty imposed for driving with a license that has been revoked for a previous violation of subsection (a) of this Section shall be in addition to the penalty imposed HB1864 ~~Engrossed~~ - 70 - LRB095 04953 DRH 25019 b for any subsequent violation of subsection (a).

(2) Any penalty imposed for driving with a license that has been revoked for a previous violation of subsection (a) of this Section shall be in addition to the penalty imposed HB1864 Enrolled - 70 - LRB095 04953 DRH 25019 b for any subsequent violation of subsection (a).

(c-1) (1) A person who violates subsection (a) 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), Section 11-501.1, paragraph HB1864 ~~Engrossed~~ - 71 - LRB095 04953 DRH 25019 b (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 or suspended, where the revocation or suspension was for a violation of subsection (a), Section 11-501.1, paragraph HB1864 Enrolled - 71 - LRB095 04953 DRH 25019 b (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 HB1864 ~~Engrossed~~ - 72 - LRB095 04953 DRH 25019 b additional mandatory minimum term of 30 consecutive days of imprisonment, 40 days of 24-hour periodic imprisonment, or 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 HB1864 Enrolled - 72 - LRB095 04953 DRH 25019 b additional mandatory minimum term of 30 consecutive days of imprisonment, 40 days of 24-hour periodic imprisonment, or 720 hours of community service, as may be determined by the court.

(c-6) Except as provided in subsections (c-7) and (c-8) a HB1864 ~~Engrossed~~ - 73 - LRB095 04953 DRH 25019 b person who violates subsection (a) a second time, if at the time of the second violation the person was transporting a person under the age of 16, is subject to an additional 10 days of imprisonment, an additional mandatory minimum fine of $1,000, and an additional mandatory minimum 140 hours of community service, which shall include 40 hours of community service in a program benefiting children.

(c-6) Except as provided in subsections (c-7) and (c-8) a HB1864 Enrolled - 73 - LRB095 04953 DRH 25019 b person who violates subsection (a) a second time, if at the time of the second violation the person was transporting a person under the age of 16, is subject to an additional 10 days of imprisonment, an additional mandatory minimum fine of $1,000, and an additional mandatory minimum 140 hours of community service, which shall include 40 hours of community service in a program benefiting children.

(c-8) Any person convicted of violating subsection (c-6) or a similar provision within 5 years of a previous violation of subsection (a) or a similar provision shall receive, in addition to any other penalty imposed, an additional 80 hours of mandatory community service in a program benefiting children, an additional mandatory minimum 12 days of HB1864 ~~Engrossed~~ - 74 - LRB095 04953 DRH 25019 b imprisonment, and a mandatory minimum fine of $1,750.

(c-8) Any person convicted of violating subsection (c-6) or a similar provision within 5 years of a previous violation of subsection (a) or a similar provision shall receive, in addition to any other penalty imposed, an additional 80 hours of mandatory community service in a program benefiting children, an additional mandatory minimum 12 days of HB1864 Enrolled - 74 - LRB095 04953 DRH 25019 b imprisonment, and a mandatory minimum fine of $1,750.

HB1864 ~~Engrossed~~ - 75 - LRB095 04953 DRH 25019 b (c-11) Any person convicted a fourth time for violating subsection (a) or a similar provision, if at the time of the fourth violation the person was transporting a person under the age of 16, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or while 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 2 felony, is not eligible for probation or conditional discharge, and is subject to a minimum fine of $3,000.

HB1864 Enrolled - 75 - LRB095 04953 DRH 25019 b (c-11) Any person convicted a fourth time for violating subsection (a) or a similar provision, if at the time of the fourth violation the person was transporting a person under the age of 16, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or while 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 2 felony, is not eligible for probation or conditional discharge, and is subject to a minimum fine of $3,000.

(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 HB1864 ~~Engrossed~~ - 76 - LRB095 04953 DRH 25019 b 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 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 HB1864 Enrolled - 76 - LRB095 04953 DRH 25019 b 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 imprisonment and a mandatory minimum fine of $1,250.

(c-15) Any person convicted of a fourth violation of subsection (a) or a similar provision, if at the time of the fourth violation 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, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or while 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 2 felony and is not eligible for a sentence of HB1864 ~~Engrossed~~ - 77 - LRB095 04953 DRH 25019 b probation or conditional discharge and is subject to a minimum fine of $2,500.

(c-15) Any person convicted of a fourth violation of subsection (a) or a similar provision, if at the time of the fourth violation 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, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or while 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 2 felony and is not eligible for a sentence of HB1864 Enrolled - 77 - LRB095 04953 DRH 25019 b probation or conditional discharge and is subject to a minimum fine of $2,500.

(D) the person committed a violation of subsection (a) for a second time and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person HB1864 ~~Engrossed~~ - 78 - LRB095 04953 DRH 25019 b has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);

(D) the person committed a violation of subsection (a) for a second time and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person HB1864 Enrolled - 78 - LRB095 04953 DRH 25019 b has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);

Except as provided in HB1864 ~~Engrossed~~ - 79 - LRB095 04953 DRH 25019 b paragraph (4) of subsection (c-1), aggravated driving under the influence of alcohol, other drug, or drugs, intoxicating compounds or compounds, or any combination thereof as defined in subparagraph (A) of paragraph (1) of this subsection (d) is a Class 2 felony.

Except as provided in HB1864 Enrolled - 79 - LRB095 04953 DRH 25019 b paragraph (4) of subsection (c-1), aggravated driving under the influence of alcohol, other drug, or drugs, intoxicating compounds or compounds, or any combination thereof as defined in subparagraph (A) of paragraph (1) of this subsection (d) is a Class 2 felony.

(e) After a finding of guilt and prior to any final HB1864 ~~Engrossed~~ - 80 - LRB095 04953 DRH 25019 b sentencing, or an order for supervision, for an offense based upon an arrest for a violation of this Section or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of treatment as appropriate.

(e) After a finding of guilt and prior to any final HB1864 Enrolled - 80 - LRB095 04953 DRH 25019 b sentencing, or an order for supervision, for an offense based upon an arrest for a violation of this Section or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of treatment as appropriate.

(f) Every person found guilty of violating this Section, whose operation of a motor vehicle while in violation of this Section proximately caused any incident resulting in an appropriate emergency response, shall be liable for the expense of an emergency response as provided in subsection (m) of this HB1864 ~~Engrossed~~ - 81 - LRB095 04953 DRH 25019 b Section under Section 5-5-3 of the Unified Code of Corrections.

(f) Every person found guilty of violating this Section, whose operation of a motor vehicle while in violation of this Section proximately caused any incident resulting in an appropriate emergency response, shall be liable for the expense of an emergency response as provided in subsection (m) of this HB1864 Enrolled - 81 - LRB095 04953 DRH 25019 b Section under Section 5-5-3 of the Unified Code of Corrections.

Any moneys received by a law enforcement agency under this subsection (j) shall be used for enforcement and HB1864 ~~Engrossed~~ - 82 - LRB095 04953 DRH 25019 b prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law enforcement equipment and commodities that will assist in the prevention of alcohol related criminal violence throughout the State;

Any moneys received by a law enforcement agency under this subsection (j) shall be used for enforcement and HB1864 Enrolled - 82 - LRB095 04953 DRH 25019 b prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but not limited to the purchase of law enforcement equipment and commodities that will assist in the prevention of alcohol related criminal violence throughout the State;

and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, HB1864 ~~Engrossed~~ - 83 - LRB095 04953 DRH 25019 b and liquor store sting operations.

and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, HB1864 Enrolled - 83 - LRB095 04953 DRH 25019 b and liquor store sting operations.

HB1864 ~~Engrossed~~ - 84 - LRB095 04953 DRH 25019 b Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human Services.

HB1864 Enrolled - 84 - LRB095 04953 DRH 25019 b Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human Services.

HB1864 ~~Engrossed~~ - 85 - LRB095 04953 DRH 25019 b 93-584, eff.

HB1864 Enrolled - 85 - LRB095 04953 DRH 25019 b 93-584, eff.

or (6) there is any amount of a drug, substance, or compound in the person’s breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in HB1864 ~~Engrossed~~ - 86 - LRB095 04953 DRH 25019 b the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act.

or (6) there is any amount of a drug, substance, or compound in the person’s breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in HB1864 Enrolled - 86 - LRB095 04953 DRH 25019 b the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act.

(b-3) In addition to any other criminal or administrative sanction for any second conviction of violating subsection (a) or a similar provision committed within 5 years of a previous violation of subsection (a) or a similar provision, the defendant shall be sentenced to a mandatory minimum of 5 days HB1864 ~~Engrossed~~ - 87 - LRB095 04953 DRH 25019 b of imprisonment or assigned a mandatory minimum of 240 hours of community service as may be determined by the court.

(b-3) In addition to any other criminal or administrative sanction for any second conviction of violating subsection (a) or a similar provision committed within 5 years of a previous violation of subsection (a) or a similar provision, the defendant shall be sentenced to a mandatory minimum of 5 days HB1864 Enrolled - 87 - LRB095 04953 DRH 25019 b of imprisonment or assigned a mandatory minimum of 240 hours of community service as may be determined by the court.

(2) A person who violates subsection (a) a third time, if the third 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 HB1864 ~~Engrossed~~ - 88 - LRB095 04953 DRH 25019 b 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 aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and is guilty of a Class 3 felony.

(2) A person who violates subsection (a) a third time, if the third 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 HB1864 Enrolled - 88 - LRB095 04953 DRH 25019 b 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 aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and is guilty of a Class 3 felony.

(2.2) A person who violates subsection (a), if the violation occurs during a period in which his or her HB1864 ~~Engrossed~~ - 89 - LRB095 04953 DRH 25019 b driving privileges are revoked or suspended where the revocation or suspension was for a violation of subsection (a) or Section 11-501.1, is guilty of aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and shall also be sentenced to an additional mandatory minimum term of 30 consecutive days of imprisonment, 40 days of 24-hour periodic imprisonment, or 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 HB1864 Enrolled - 89 - LRB095 04953 DRH 25019 b driving privileges are revoked or suspended where the revocation or suspension was for a violation of subsection (a) or Section 11-501.1, is guilty of aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and shall also be sentenced to an additional mandatory minimum term of 30 consecutive days of imprisonment, 40 days of 24-hour periodic imprisonment, or 720 hours of community service, as may be determined by the court.

HB1864 ~~Engrossed~~ - 90 - LRB095 04953 DRH 25019 b (c-4) (Blank).

HB1864 Enrolled - 90 - LRB095 04953 DRH 25019 b (c-4) (Blank).

(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 similar provision shall receive, in addition to any other penalty imposed, a mandatory minimum 12 days imprisonment, an HB1864 ~~Engrossed~~ - 91 - LRB095 04953 DRH 25019 b additional 40 hours of mandatory community service in a program benefiting children, and a mandatory minimum fine of $1,750.

(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 similar provision shall receive, in addition to any other penalty imposed, a mandatory minimum 12 days imprisonment, an HB1864 Enrolled - 91 - LRB095 04953 DRH 25019 b additional 40 hours of mandatory community service in a program benefiting children, and a mandatory minimum fine of $1,750.

HB1864 ~~Engrossed~~ - 92 - LRB095 04953 DRH 25019 b (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 any other penalty imposed, an additional mandatory 40 hours of community service in a program benefiting children, an additional mandatory fine of $3,000, and a mandatory minimum 120 days of imprisonment.

HB1864 Enrolled - 92 - LRB095 04953 DRH 25019 b (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 any other penalty imposed, an additional mandatory 40 hours of community service in a program benefiting children, an additional mandatory fine of $3,000, and a mandatory minimum 120 days of imprisonment.

(c-12) Any person convicted of a first violation of subsection (a) or a similar provision, if 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 HB1864 ~~Engrossed~~ - 93 - LRB095 04953 DRH 25019 b in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 100 hours of community service and a mandatory minimum fine of $500.

(c-12) Any person convicted of a first violation of subsection (a) or a similar provision, if 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 HB1864 Enrolled - 93 - LRB095 04953 DRH 25019 b in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 100 hours of community service and a mandatory minimum fine of $500.

HB1864 ~~Engrossed~~ - 94 - LRB095 04953 DRH 25019 b (c-15) Any person convicted of a fourth or subsequent violation of subsection (a) or a similar provision, if at the time of the fourth or subsequent violation 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, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or while 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 2 felony and is not eligible for a sentence of probation or conditional discharge and is subject to a minimum fine of $2,500.

HB1864 Enrolled - 94 - LRB095 04953 DRH 25019 b (c-15) Any person convicted of a fourth or subsequent violation of subsection (a) or a similar provision, if at the time of the fourth or subsequent violation 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, and if the person’s 3 prior violations of subsection (a) or a similar provision occurred while transporting a person under the age of 16 or while 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 2 felony and is not eligible for a sentence of probation or conditional discharge and is subject to a minimum fine of $2,500.

(C) the person in committing a violation of subsection (a) was involved in a motor vehicle accident HB1864 ~~Engrossed~~ - 95 - LRB095 04953 DRH 25019 b that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries;

(C) the person in committing a violation of subsection (a) was involved in a motor vehicle accident HB1864 Enrolled - 95 - LRB095 04953 DRH 25019 b that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries;

or (F) the person, in committing a violation of subsection (a), was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, HB1864 ~~Engrossed~~ - 96 - LRB095 04953 DRH 25019 b when the violation of subsection (a) was a proximate cause of the death;

or (F) the person, in committing a violation of subsection (a), was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, HB1864 Enrolled - 96 - LRB095 04953 DRH 25019 b when the violation of subsection (a) was a proximate cause of the death;

(A) a term of imprisonment of not less than 3 years and not more than 14 HB1864 ~~Engrossed~~ - 97 - LRB095 04953 DRH 25019 b years if the violation resulted in the death of one person;

(A) a term of imprisonment of not less than 3 years and not more than 14 HB1864 Enrolled - 97 - LRB095 04953 DRH 25019 b years if the violation resulted in the death of one person;

(e-1) Any person who is found guilty of or pleads guilty to HB1864 ~~Engrossed~~ - 98 - LRB095 04953 DRH 25019 b 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.

(e-1) Any person who is found guilty of or pleads guilty to HB1864 Enrolled - 98 - LRB095 04953 DRH 25019 b 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.

HB1864 ~~Engrossed~~ - 99 - LRB095 04953 DRH 25019 b (j) In addition to any other penalties and liabilities, a person who is found guilty of or pleads guilty to violating subsection (a), including any person placed on court supervision for violating subsection (a), shall be fined $500, payable to the circuit clerk, who shall distribute the money as follows:

HB1864 Enrolled - 99 - LRB095 04953 DRH 25019 b (j) In addition to any other penalties and liabilities, a person who is found guilty of or pleads guilty to violating subsection (a), including any person placed on court supervision for violating subsection (a), shall be fined $500, payable to the circuit clerk, who shall distribute the money as follows:

Equipment and commodities shall include, but are not limited to, in-car video cameras, HB1864 ~~Engrossed~~ - 100 - LRB095 04953 DRH 25019 b radar and laser speed detection devices, and alcohol breath testers.

Equipment and commodities shall include, but are not limited to, in-car video cameras, HB1864 Enrolled - 100 - LRB095 04953 DRH 25019 b radar and laser speed detection devices, and alcohol breath testers.

police officer HB1864 ~~Engrossed~~ - 101 - LRB095 04953 DRH 25019 b training and education in areas related to alcohol related crime, including but not limited to DUI training;

police officer HB1864 Enrolled - 101 - LRB095 04953 DRH 25019 b training and education in areas related to alcohol related crime, including but not limited to DUI training;

(m) In addition to any other fine or penalty required by law, an individual convicted of a violation of subsection (a), Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a HB1864 ~~Engrossed~~ - 102 - LRB095 04953 DRH 25019 b similar provision, whose operation of a motor vehicle, snowmobile, or watercraft while in violation of subsection (a), Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision proximately caused an incident resulting in an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response.

(m) In addition to any other fine or penalty required by law, an individual convicted of a violation of subsection (a), Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a HB1864 Enrolled - 102 - LRB095 04953 DRH 25019 b similar provision, whose operation of a motor vehicle, snowmobile, or watercraft while in violation of subsection (a), Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision proximately caused an incident resulting in an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response.

HB1864 ~~Engrossed~~ - 103 - LRB095 04953 DRH 25019 b (a) A person may not operate or be in actual physical control of a snowmobile within this State while:

HB1864 Enrolled - 103 - LRB095 04953 DRH 25019 b (a) A person may not operate or be in actual physical control of a snowmobile within this State while:

(b) The fact that a person charged with violating this Section is or has been legally entitled to use alcohol, other HB1864 ~~Engrossed~~ - 104 - LRB095 04953 DRH 25019 b drug or drugs, any intoxicating compound or compounds, or any combination of them does not constitute a defense against a charge of violating this Section.

(b) The fact that a person charged with violating this Section is or has been legally entitled to use alcohol, other HB1864 Enrolled - 104 - LRB095 04953 DRH 25019 b drug or drugs, any intoxicating compound or compounds, or any combination of them does not constitute a defense against a charge of violating this Section.

A person guilty of a Class 4 felony under this paragraph 2, if sentenced to a HB1864 ~~Engrossed~~ - 105 - LRB095 04953 DRH 25019 b term of imprisonment, shall be sentenced to not less than one year nor more than 12 years;

A person guilty of a Class 4 felony under this paragraph 2, if sentenced to a HB1864 Enrolled - 105 - LRB095 04953 DRH 25019 b term of imprisonment, shall be sentenced to not less than one year nor more than 12 years;

(e-2) Every person found guilty of violating this Section, whose operation of a snowmobile while in violation of this Section proximately caused any incident resulting in an appropriate emergency response, shall be liable for the expense HB1864 ~~Engrossed~~ - 106 - LRB095 04953 DRH 25019 b of an emergency response as provided in subsection (m) of Section 11-501 of the Illinois Vehicle Code under Section 5-5-3 of the Unified Code of Corrections.

(e-2) Every person found guilty of violating this Section, whose operation of a snowmobile while in violation of this Section proximately caused any incident resulting in an appropriate emergency response, shall be liable for the expense HB1864 Enrolled - 106 - LRB095 04953 DRH 25019 b of an emergency response as provided in subsection (m) of Section 11-501 of the Illinois Vehicle Code under Section 5-5-3 of the Unified Code of Corrections.

(g) In addition to any criminal penalties imposed, the Department of Natural Resources shall suspend for a period of 5 years the snowmobile operation privileges of any person HB1864 ~~Engrossed~~ - 107 - LRB095 04953 DRH 25019 b convicted or found guilty of a felony under this Section.

(g) In addition to any criminal penalties imposed, the Department of Natural Resources shall suspend for a period of 5 years the snowmobile operation privileges of any person HB1864 Enrolled - 107 - LRB095 04953 DRH 25019 b convicted or found guilty of a felony under this Section.

(d) Under the combined influence of alcohol and any HB1864 ~~Engrossed~~ - 108 - LRB095 04953 DRH 25019 b other drug or drugs to a degree which renders such person incapable of safely operating a watercraft;

(d) Under the combined influence of alcohol and any HB1864 Enrolled - 108 - LRB095 04953 DRH 25019 b other drug or drugs to a degree which renders such person incapable of safely operating a watercraft;

A person guilty of a Class 4 felony under this HB1864 ~~Engrossed~~ - 109 - LRB095 04953 DRH 25019 b subparagraph (b), if sentenced to a term of imprisonment, shall be sentenced to a term of not less than one year nor more than 12 years;

A person guilty of a Class 4 felony under this HB1864 Enrolled - 109 - LRB095 04953 DRH 25019 b subparagraph (b), if sentenced to a term of imprisonment, shall be sentenced to a term of not less than one year nor more than 12 years;

A person found guilty of violating this Section, if his or her operation of a watercraft while in violation of this Section proximately caused any incident resulting HB1864 ~~Engrossed~~ - 110 - LRB095 04953 DRH 25019 b in an appropriate emergency response, is liable for the expense of an emergency response as provided in subsection (m) of Section 11-501 of the Illinois Vehicle Code under Section 5-5-3 of the Unified Code of Corrections.

A person found guilty of violating this Section, if his or her operation of a watercraft while in violation of this Section proximately caused any incident resulting HB1864 Enrolled - 110 - LRB095 04953 DRH 25019 b in an appropriate emergency response, is liable for the expense of an emergency response as provided in subsection (m) of Section 11-501 of the Illinois Vehicle Code under Section 5-5-3 of the Unified Code of Corrections.

Code of Federal Regulations for a period of one year, except that a first time offender HB1864 ~~Engrossed~~ - 111 - LRB095 04953 DRH 25019 b is exempt from this mandatory one year suspension.

Code of Federal Regulations for a period of one year, except that a first time offender HB1864 Enrolled - 111 - LRB095 04953 DRH 25019 b is exempt from this mandatory one year suspension.

A urine test may be administered even after a blood or breath test HB1864 ~~Engrossed~~ - 112 - LRB095 04953 DRH 25019 b or both has been administered.

A urine test may be administered even after a blood or breath test HB1864 Enrolled - 112 - LRB095 04953 DRH 25019 b or both has been administered.

Notwithstanding any ability to refuse under this Act to submit to these tests or any ability to revoke the implied consent to these tests, if a law enforcement officer has probable cause to believe that a watercraft operated by or under actual physical control of a person HB1864 ~~Engrossed~~ - 113 - LRB095 04953 DRH 25019 b under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination of them has caused the death of or personal injury to another, that person shall submit, upon the request of a law enforcement officer, to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the alcohol content or the presence of any other drug, intoxicating compound, or combination of them.

Notwithstanding any ability to refuse under this Act to submit to these tests or any ability to revoke the implied consent to these tests, if a law enforcement officer has probable cause to believe that a watercraft operated by or under actual physical control of a person HB1864 Enrolled - 113 - LRB095 04953 DRH 25019 b under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination of them has caused the death of or personal injury to another, that person shall submit, upon the request of a law enforcement officer, to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the alcohol content or the presence of any other drug, intoxicating compound, or combination of them.

Following this warning, if a person under arrest refuses upon the request of a law enforcement officer to submit to a test designated by the officer, no test shall be given, but the law enforcement officer shall file with HB1864 ~~Engrossed~~ - 114 - LRB095 04953 DRH 25019 b the clerk of the circuit court for the county in which the arrest was made, and with the Department of Natural Resources, a sworn statement naming the person refusing to take and complete the chemical test or tests requested under the provisions of this Section.

Following this warning, if a person under arrest refuses upon the request of a law enforcement officer to submit to a test designated by the officer, no test shall be given, but the law enforcement officer shall file with HB1864 Enrolled - 114 - LRB095 04953 DRH 25019 b the clerk of the circuit court for the county in which the arrest was made, and with the Department of Natural Resources, a sworn statement naming the person refusing to take and complete the chemical test or tests requested under the provisions of this Section.

The law enforcement officer submitting the sworn statement as provided in paragraph 3 of this subsection (B) shall serve immediate written notice upon the person refusing the chemical test or tests that the person’s privilege to operate a watercraft within this State will be HB1864 ~~Engrossed~~ - 115 - LRB095 04953 DRH 25019 b suspended for a period of 2 years unless, within 28 days from the date of the notice, the person requests in writing a hearing on the suspension.

The law enforcement officer submitting the sworn statement as provided in paragraph 3 of this subsection (B) shall serve immediate written notice upon the person refusing the chemical test or tests that the person’s privilege to operate a watercraft within this State will be HB1864 Enrolled - 115 - LRB095 04953 DRH 25019 b suspended for a period of 2 years unless, within 28 days from the date of the notice, the person requests in writing a hearing on the suspension.

If the person fails to request in writing a hearing within 28 days from the date of notice, or if a hearing is held and the court finds against the person on the issues before the court, the clerk shall immediately notify the Department of Natural Resources, and the Department shall HB1864 ~~Engrossed~~ - 116 - LRB095 04953 DRH 25019 b suspend the watercraft operation privileges of the person for at least 2 years.

If the person fails to request in writing a hearing within 28 days from the date of notice, or if a hearing is held and the court finds against the person on the issues before the court, the clerk shall immediately notify the Department of Natural Resources, and the Department shall HB1864 Enrolled - 116 - LRB095 04953 DRH 25019 b suspend the watercraft operation privileges of the person for at least 2 years.

A person must submit to each chemical test offered HB1864 ~~Engrossed~~ - 117 - LRB095 04953 DRH 25019 b by the law enforcement officer in order to comply with the implied consent provisions of this Section.

A person must submit to each chemical test offered HB1864 Enrolled - 117 - LRB095 04953 DRH 25019 b by the law enforcement officer in order to comply with the implied consent provisions of this Section.

(E) The owner of any watercraft or any person given HB1864 ~~Engrossed~~ - 118 - LRB095 04953 DRH 25019 b supervisory authority over a watercraft, may not knowingly permit a watercraft to be operated by any person under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof.

(E) The owner of any watercraft or any person given HB1864 Enrolled - 118 - LRB095 04953 DRH 25019 b supervisory authority over a watercraft, may not knowingly permit a watercraft to be operated by any person under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination thereof.

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Action History

August 14, 2007
Public Act . . . . . . . . . 95-0149
August 14, 2007
Effective Date August 14, 2007
August 14, 2007
Governor Approved
June 15, 2007
Sent to the Governor
May 17, 2007
Passed Both Houses
May 17, 2007
Third Reading - Passed; 058-000-000
May 16, 2007
Placed on Calendar Order of 3rd Reading May 17, 2007
May 16, 2007
Second Reading
May 15, 2007
Placed on Calendar Order of 2nd Reading May 16, 2007
May 15, 2007
Do Pass Transportation; 009-000-000
May 03, 2007
Assigned to Transportation
April 20, 2007
Referred to Rules
April 20, 2007
First Reading
April 20, 2007
Chief Senate Sponsor Sen. Randall M. Hultgren
April 20, 2007
Placed on Calendar Order of First Reading
April 20, 2007
Arrive in Senate
April 17, 2007
Third Reading - Short Debate - Passed 110-000-000
March 27, 2007
Placed on Calendar Order of 3rd Reading - Short Debate
March 27, 2007
Second Reading - Short Debate
March 07, 2007
Placed on Calendar 2nd Reading - Short Debate
March 06, 2007
Do Pass / Short Debate Agriculture & Conservation Committee; 010-000-000
February 28, 2007
Re-assigned to Agriculture & Conservation Committee
February 27, 2007
Assigned to Executive Committee
February 23, 2007
Referred to Rules Committee
February 23, 2007
First Reading
February 23, 2007
Filed with the Clerk by Rep. Harry R. Ramey, Jr.

Sponsorship breakdown

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

Sponsors (0)

None.

Co-sponsors (1)

Harry R. Ramey, Jr.

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

May 17, 2007

Passed 58 Yea · 0 Nay · 1 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	49	0	0	0
Democrat	8	0	0	1
Republican	1	0	0	0
Total	58	0	0	1
% of votes cast	98%	0%	0%	2%

How each member voted (59)

Member	Party	Vote
Halvorson	—	Yea
Link	—	Yea
Forby	—	Yea
Frerichs	—	Yea
Kotowski	—	Yea
Lauzen	—	Yea
Brady	—	Yea
Luechtefeld	—	Yea
Maloney	—	Yea
Meeks	—	Yea
Sullivan	—	Yea
Munoz	—	Yea
Millner	—	Yea
Noland	—	Yea
Peterson	—	Yea
Radogno	—	Yea
Cullerton	—	Yea
Jacobs	—	Yea
Schoenberg	—	Yea
Watson	—	Yea
Jones, J.	—	Yea
Sieben	—	Yea
Demuzio	—	Yea
Silverstein	—	Yea
Trotter	—	Yea
Viverito	—	Yea
Wilhelmi	—	Yea
Clayborne	—	Yea
Cronin	—	Yea
Crotty	—	Yea
Dahl	—	Yea
DeLeo	—	Yea
Dillard	—	Yea
Garrett	—	Yea
Haine	—	Yea
Hendon	—	Yea
Hultgren	—	Yea
Pankau	—	Yea
Raoul	—	Yea
Righter	—	Yea
Risinger	—	Yea
Ronen	—	Yea
Rutherford	—	Yea
Sandoval	—	Yea
Althoff	—	Yea
Martinez	—	Yea
Bomke	—	Yea
Bond	—	Yea
Burzynski	—	Yea
David Koehler	Democrat	Yea
Don Harmon	Democrat	Yea
Emil Jones, III	Democrat	Yea
Eva-Dina Delgado	Democrat	Yea
Kimberly A. Lightford	Democrat	Not Voting
Lakesia Collins	Democrat	Yea
Laura M. Murphy	Democrat	Yea
Linda Holmes	Democrat	Yea
Mattie Hunter	Democrat	Yea
Dave Syverson	Republican	Yea

Official roll call →

Third Reading

April 17, 2007

Passed 110 Yea · 0 Nay · 8 Other

Party	Yea	Nay	Present	Not Voting
Democrat	8	0	0	1
Unaffiliated	98	0	0	7
Republican	4	0	0	0
Total	110	0	0	8
% of votes cast	93%	0%	0%	7%

How each member voted (118)

Member	Party	Vote
Jefferies	—	Yea
Jefferson	—	Yea
Krause	—	Yea
Lang	—	Yea
Lindner	—	Yea
Mathias	—	Yea
McAuliffe	—	Yea
McCarthy	—	Yea
Mendoza	—	Yea
Reitz	—	Yea
Meyer	—	Yea
Molaro	—	Yea
Lyons	—	Yea
Schock	—	Yea
Sommer	—	Yea
Soto	—	Yea
McGuire	—	Yea
Bradley, John	—	Yea
Bradley, Richard	—	Yea
Brady	—	Yea
Mitchell, Bill	—	Yea
Burke	—	Yea
Sullivan	—	Yea
Hannig	—	Yea
Dugan	—	Yea
Dunkin	—	Yea
Durkin	—	Yea
Eddy	—	Yea
Flider	—	Yea
Flowers	—	Yea
Fortner	—	Yea
Franks	—	Yea
Fritchey	—	Yea
Golar	—	Yea
Gordon	—	Yea
Graham	—	Yea
Granberg	—	Yea
Hamos	—	Yea
Harris	—	Yea
Hernandez	—	Yea
Madigan	—	Yea
Mulligan	—	Not Voting
Munson	—	Yea
Myers	—	Yea
Watson	—	Yea
Howard	—	Yea
Nekritz	—	Yea
Patterson	—	Not Voting
Phelps	—	Yea
Davis, Monique	—	Yea
Scully	—	Not Voting
Tryon	—	Yea
Turner	—	Yea
Mitchell, Jerry	—	Not Voting
Verschoore	—	Yea
Wait	—	Yea
Washington	—	Yea
Winters	—	Yea
Yarbrough	—	Yea
Younge	—	Yea
Coladipietro	—	Yea
Cole	—	Yea
Colvin	—	Yea
Coulson	—	Yea
Cross	—	Yea
Cultra	—	Yea
Currie	—	Yea
D'Amico	—	Yea
Dunn	—	Not Voting
Froehlich	—	Not Voting
Hassert	—	Yea
Holbrook	—	Yea
Jakobsson	—	Yea
Kosel	—	Yea
Osmond	—	Yea
Osterman	—	Yea
Pihos	—	Yea
Poe	—	Yea
Pritchard	—	Yea
Ramey	—	Yea
Reboletti	—	Yea
Reis	—	Yea
Riley	—	Yea
Ryg	—	Yea
Sacia	—	Yea
Saviano	—	Yea
Schmitz	—	Yea
Leitch	—	Yea
Acevedo	—	Yea
Arroyo	—	Yea
Bassi	—	Yea
Beaubien	—	Yea
Beiser	—	Yea
Bellock	—	Yea
Berrios	—	Yea
Mautino	—	Yea
Biggins	—	Yea
Black	—	Yea
Boland	—	Not Voting
May	—	Yea
Bost	—	Yea
Brauer	—	Yea
Brosnahan	—	Yea
Moffitt	—	Yea
Chapa LaVia	—	Yea
Fred Crespo	Democrat	Yea
Jay Hoffman	Democrat	Yea
La Shawn K. Ford	Democrat	Yea
Lakesia Collins	Democrat	Yea
Nicholas K. Smith	Democrat	Yea
Patrick J. Joyce	Democrat	Yea
Robert "Bob" Rita	Democrat	Not Voting
Sara Feigenholtz	Democrat	Yea
William "Will" Davis	Democrat	Yea
Brad Stephens	Republican	Yea
Chapin Rose	Republican	Yea
Chris Miller	Republican	Yea
Jil Tracy	Republican	Yea

Official roll call →

Subjects

public-safety transportation

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Frequently asked questions

What does HB 1864 do?: Amends the Illinois Vehicle Code, the Snowmobile Registration and Safety Act, and the Boat Registration and Safety Act. Changes cross-references with regard to reimbursement by a DUI offender of the cost of an emergency response necessitated by the offender's violation. Effective immediately.
Who sponsors HB 1864?: HB 1864 is sponsored by Harry R. Ramey, Jr..
What is the current status of HB 1864?: This bill has been enacted into law. Introduced February 23, 2007. Enacted.
Where can I track HB 1864?: Track HB 1864 free on One Click Politics — get push/email alerts when it moves.

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At a glance

Identifier: HB 1864
Jurisdiction: Illinois
Session: 95th Regular Session
Type: Bill
Introduced: February 23, 2007
Status: Enacted
Prime sponsor: Harry R. Ramey, Jr.

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VEH CD-SNOWMOBILE-BOAT SAFETY

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HB 1864 — VEH CD-SNOWMOBILE-BOAT SAFETY

Prognosis

Odds of enactment

Summary

Bill Text

What changed in the latest version

Action History

Sponsors

Sponsorship breakdown

Sponsors (0)

Co-sponsors (1)

Not signed on (182)

Votes

Third Reading

Third Reading

Subjects

Frequently asked questions

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