Illinois 95th Regular Session Status: Enacted

SB 607 — VEH CD-DUI & FORFEITURE

Last action — Public Act . . . . . . . . . 95-0578

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

This bill has been enacted into law. Introduced February 08, 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 4 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 and the Criminal Code of 1961. Transfers from the Criminal Code of 1961 to the Illinois Vehicle Code provisions for seizure and forfeiture of the vehicles of certain persons driving without a valid driver's license or permit or without liability insurance or who have committed specified violations while driving under the influence of alcohol, drugs, or intoxicating compounds. Establishes procedure for the forfeiture, including the right to a hearing for persons with a claim to the vehicle. Combines changes made by several Public Acts regarding driving under the influence with various changes concerning organization of the provisions, elements of offenses, penalties, and other matters. Makes corresponding changes in the Unified Code of Corrections.

Bill Text

What changed in the latest version

3849 added · 4096 removed

Plain-language change summary

The recent amendment to SB 607 added a new clause that specifies penalties for driving without a valid license if that license has been canceled. This means that if a person's driving privileges have been revoked and they are caught driving, they could face a Class A misdemeanor charge. This change is important as it strengthens the law against unlicensed driving, aiming to improve road safety by holding individuals accountable who continue to drive despite losing their legal ability to do so.

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SB0607 Engrossed LRB095 07293 DRH 27432 b AN ACT concerning transportation.
SB0607 Enrolled LRB095 07293 DRH 27432 b AN ACT concerning transportation.
The Illinois Vehicle Code is amended by changing Sections 6-101, 6-206.2, 6-303, and 11-501 and by adding Section 11-501.01, Chapter 16A, the heading of Article 16A, 16A-1, 16A-5, 16A-10, 16A-15, 16A-20, 16A-25, 16A-30, 16A-35, 16A-40, 16A-45, and 16A-50 as follows:
The Illinois Vehicle Code is amended by changing Sections 6-101, 6-206.2, 6-303, and 11-501 and by adding Section 11-501.01 as follows:
No drivers license shall be issued to any person who holds a valid Foreign State license, identification card, or permit unless such person first SB0607 Engrossed - 2 - LRB095 07293 DRH 27432 b surrenders to the Secretary of State any such valid Foreign State license, identification card, or permit.
No drivers license shall be issued to any person who holds a valid Foreign State license, identification card, or permit unless such person first surrenders to the Secretary of State any such valid Foreign State license, identification card, or permit.
(b-5) Any person who commits a violation of subsection (a) or (b) of this Section is guilty of a Class A misdemeanor, if at the time of the violation the person’s driver’s license or permit was cancelled under clause (a)9 of Section 6-201 of this Code.
SB0607 Enrolled - 2 - LRB095 07293 DRH 27432 b (b-5) Any person who commits a violation of subsection (a) or (b) of this Section is guilty of a Class A misdemeanor, if at the time of the violation the person’s driver’s license or permit was cancelled under clause (a)9 of Section 6-201 of this Code.
(e) In addition to other penalties imposed under this Section, the vehicle of any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements and who, in violating this Section, has caused death or personal injury to another person is subject to forfeiture under Chapter 16A of this Code SB0607 Engrossed - 3 - LRB095 07293 DRH 27432 b Sections 36-1 and 36-2 of the Criminal Code of 1961.
(e) In addition to other penalties imposed under this Section, the vehicle of any person in violation of this Section who is also in violation of Section 7-601 of this Code relating to mandatory insurance requirements and who, in violating this Section, has caused death or personal injury to another person is subject to forfeiture under Sections 36-1 and 36-2 of the Criminal Code of 1961.
For the purposes of this Section, a personal injury shall include any type A injury as indicated on the traffic accident report completed by a law enforcement officer that requires immediate professional attention in either a doctor’s office or a medical facility.
For the purposes of this Section, a personal injury shall include any type A injury as indicated on SB0607 Enrolled - 3 - LRB095 07293 DRH 27432 b the traffic accident report completed by a law enforcement officer that requires immediate professional attention in either a doctor’s office or a medical facility.
(b) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted by being prohibited from operating a motor vehicle not equipped with an ignition SB0607 Engrossed - 4 - LRB095 07293 DRH 27432 b interlock device.
(b) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted by being prohibited from operating a motor vehicle not equipped with an ignition interlock device.
(c) It is unlawful to tamper with, or circumvent the operation of, an ignition interlock device.
(c) It is unlawful to tamper with, or circumvent the SB0607 Enrolled - 4 - LRB095 07293 DRH 27432 b operation of, an ignition interlock device.
SB0607 Engrossed - 5 - LRB095 07293 DRH 27432 b (Source:
(Source:
8-17-01.) (625 ILCS 5/6-303) (from Ch.
8-17-01.) SB0607 Enrolled - 5 - LRB095 07293 DRH 27432 b (625 ILCS 5/6-303) (from Ch.
however, if the period of suspension has then expired, the Secretary SB0607 Engrossed - 6 - LRB095 07293 DRH 27432 b shall be authorized to suspend said person’s driving privileges for the same period of time as the originally imposed suspension;
however, if the period of suspension has then expired, the Secretary shall be authorized to suspend said person’s driving privileges for the same period of time as the originally imposed SB0607 Enrolled - 6 - LRB095 07293 DRH 27432 b suspension;
or (3) a violation of Section 9-3 of the Criminal Code of 1961, as amended, relating to the offense of reckless SB0607 Engrossed - 7 - LRB095 07293 DRH 27432 b homicide;
or (3) a violation of Section 9-3 of the Criminal Code of 1961, as amended, relating to the offense of reckless homicide;
or (4) a statutory summary suspension under Section 11-501.1 of this Code.
or (4) a statutory summary suspension under Section SB0607 Enrolled - 7 - LRB095 07293 DRH 27432 b 11-501.1 of this Code.
(d) Any person convicted of a second violation of this Section shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this SB0607 Engrossed - 8 - LRB095 07293 DRH 27432 b Code.
(d) Any person convicted of a second violation of this Section shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code.
(d-1) Except as provided in subsection (d-2) and subsection (d-3), any person convicted of a third or subsequent violation of this Section shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court.
(d-1) Except as provided in subsection (d-2) and subsection SB0607 Enrolled - 8 - LRB095 07293 DRH 27432 b (d-3), any person convicted of a third or subsequent violation of this Section shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court.
(d-4) Any person convicted of a tenth, eleventh, twelfth, SB0607 Engrossed - 9 - LRB095 07293 DRH 27432 b thirteenth, or fourteenth violation of this Section is guilty of a Class 3 felony, and is not eligible for probation or conditional discharge, if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code.
(d-4) Any person convicted of a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of this Section is guilty of a Class 3 felony, and is not eligible for probation or SB0607 Enrolled - 9 - LRB095 07293 DRH 27432 b conditional discharge, if the revocation or suspension was for a violation of Section 11-401 or 11-501 of this Code, or a similar out-of-state offense, or a similar provision of a local ordinance, a violation of Section 9-3 of the Criminal Code of 1961, relating to the offense of reckless homicide, or a similar out-of-state offense, or a statutory summary suspension under Section 11-501.1 of this Code.
The motor vehicle may be released to any licensed driver upon a showing of proof of insurance for the vehicle SB0607 Engrossed - 10 - LRB095 07293 DRH 27432 b that was impounded and the notarized written consent for the release by the vehicle owner.
The motor vehicle may be released to any licensed driver upon a showing of proof of insurance for the vehicle that was impounded and the notarized written consent for the release by the vehicle owner.
(f) For any prosecution under this Section, a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction.
SB0607 Enrolled - 10 - LRB095 07293 DRH 27432 b (f) For any prosecution under this Section, a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction.
(g) The motor vehicle used in a violation of this Section is subject to seizure and forfeiture as provided in Chapter 16A of this Code Sections 36-1 and 36-2 of the Criminal Code of 1961 if the person’s driving privilege was revoked or suspended as a result of a violation listed in paragraph (1), (2), or (3) of subsection (c) of this Section or as a result of a summary suspension as provided in paragraph (4) of subsection (c) of this Section.
(g) The motor vehicle used in a violation of this Section is subject to seizure and forfeiture as provided in Sections 36-1 and 36-2 of the Criminal Code of 1961 if the person’s driving privilege was revoked or suspended as a result of a violation listed in paragraph (1), (2), or (3) of subsection (c) of this Section or as a result of a summary suspension as provided in paragraph (4) of subsection (c) of this Section.
(3) under the influence of any intoxicating compound or SB0607 Engrossed - 11 - LRB095 07293 DRH 27432 b combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
(3) under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
(4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;
(4) under the influence of any other drug or SB0607 Enrolled - 11 - LRB095 07293 DRH 27432 b combination of drugs to a degree that renders the person incapable of safely driving;
(2) A person who violates subsection (a) or a similar provision a second time shall be sentenced to a mandatory minimum term of either 5 days of imprisonment or 240 hours SB0607 Engrossed - 12 - LRB095 07293 DRH 27432 b of community service in addition to any other criminal or administrative sanction.
(2) A person who violates subsection (a) or a similar provision a second time shall be sentenced to a mandatory minimum term of either 5 days of imprisonment or 240 hours of community service in addition to any other criminal or administrative sanction.
(3) A person who violates subsection (a) is subject to 6 months of imprisonment, an additional mandatory minimum fine of $1,000, and 25 days of community service in a program benefiting children if the person was transporting a person under the age of 16 at the time of the violation.
(3) A person who violates subsection (a) is subject to SB0607 Enrolled - 12 - LRB095 07293 DRH 27432 b 6 months of imprisonment, an additional mandatory minimum fine of $1,000, and 25 days of community service in a program benefiting children if the person was transporting a person under the age of 16 at the time of the violation.
(1) Every person convicted of committing a violation of SB0607 Engrossed - 13 - LRB095 07293 DRH 27432 b this Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:
(1) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination SB0607 Enrolled - 13 - LRB095 07293 DRH 27432 b thereof if:
(E) the person, in committing a violation of SB0607 Engrossed - 14 - LRB095 07293 DRH 27432 b 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 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 SB0607 Enrolled - 14 - LRB095 07293 DRH 27432 b 11-605 of this Code, was involved in a motor vehicle 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;
(I) the person committed the violation while he or SB0607 Engrossed - 15 - LRB095 07293 DRH 27432 b she knew or should have known that the vehicle he or she was driving was not covered by a liability insurance policy;
(I) the person committed the violation while he or she knew or should have known that the vehicle he or she was driving was not covered by a liability insurance policy;
(J) the person in committing a violation of subsection (a) was involved in a motor vehicle accident that resulted in bodily harm, but not great bodily harm, to the child under the age of 16 being transported by the person, if the violation was the proximate cause of the injury;
SB0607 Enrolled - 15 - LRB095 07293 DRH 27432 b (J) the person in committing a violation of subsection (a) was involved in a motor vehicle accident that resulted in bodily harm, but not great bodily harm, to the child under the age of 16 being transported by the person, if the violation was the proximate cause of the injury;
If at the time of the third violation, the defendant was SB0607 Engrossed - 16 - LRB095 07293 DRH 27432 b transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
If at the time of the third violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any SB0607 Enrolled - 16 - LRB095 07293 DRH 27432 b other criminal or administrative sanction.
If at the time of the violation, the alcohol concentration in the defendant’s blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or SB0607 Engrossed - 17 - LRB095 07293 DRH 27432 b administrative sanction.
If at the time of the violation, the alcohol concentration in the defendant’s blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction.
If at the time of the fifth violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
If at the time of the fifth violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000, and 25 days of SB0607 Enrolled - 17 - LRB095 07293 DRH 27432 b community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
(G) A violation of subparagraph (F) of paragraph (1) of this subsection (d) is a Class 2 felony, for which the defendant, unless the court determines that extraordinary SB0607 Engrossed - 18 - LRB095 07293 DRH 27432 b circumstances exist and require probation, shall be sentenced to:
(G) A violation of subparagraph (F) of paragraph (1) of this subsection (d) is a Class 2 felony, for which the defendant, unless the court determines that extraordinary circumstances exist and require probation, shall be sentenced to:
(i) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted in the death of one person;
(i) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted SB0607 Enrolled - 18 - LRB095 07293 DRH 27432 b in the death of one person;
(3) Any person sentenced under this subsection (d) who receives a term of probation or conditional discharge must serve a minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of the SB0607 Engrossed - 19 - LRB095 07293 DRH 27432 b probation or conditional discharge in addition to any other criminal or administrative sanction.
(3) Any person sentenced under this subsection (d) who receives a term of probation or conditional discharge must serve a minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of the probation or conditional discharge in addition to any other criminal or administrative sanction.
(e) 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 another state that is similar to a violation of subsection (a) of this Section.
(e) Any reference to a prior violation of subsection (a) or SB0607 Enrolled - 19 - LRB095 07293 DRH 27432 b a similar provision includes any violation of a provision of a local ordinance or a provision of a law of another state that is similar to a violation of subsection (a) of this Section.
SB0607 Engrossed - 20 - LRB095 07293 DRH 27432 b (3) under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
(3) under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
(4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;
SB0607 Enrolled - 20 - LRB095 07293 DRH 27432 b (4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;
SB0607 Engrossed - 21 - LRB095 07293 DRH 27432 b (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 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 SB0607 Enrolled - 21 - LRB095 07293 DRH 27432 b for any subsequent violation of subsection (a).
(c-1) (1) A person who violates subsection (a) during a SB0607 Engrossed - 22 - LRB095 07293 DRH 27432 b 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 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 SB0607 Enrolled - 22 - LRB095 07293 DRH 27432 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 SB0607 Engrossed - 23 - LRB095 07293 DRH 27432 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 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 SB0607 Enrolled - 23 - LRB095 07293 DRH 27432 b court.
The imprisonment or assignment of community service under this SB0607 Engrossed - 24 - LRB095 07293 DRH 27432 b subdivision (c-5)(1) 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)(1) is not subject to suspension, nor is the person eligible for a reduced sentence.
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(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 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 SB0607 Enrolled - 24 - LRB095 07293 DRH 27432 b (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 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.
(4) Any person convicted of violating subdivision SB0607 Engrossed - 25 - LRB095 07293 DRH 27432 b (c-5)(2) 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 imprisonment, and a mandatory minimum fine of $1,750.
(4) Any person convicted of violating subdivision (c-5)(2) 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 SB0607 Enrolled - 25 - LRB095 07293 DRH 27432 b additional 80 hours of mandatory community service in a program benefiting children, an additional mandatory minimum 12 days of imprisonment, and a mandatory minimum fine of $1,750.
(6) Any person convicted of violating subdivision (c-5)(5) 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 SB0607 Engrossed - 26 - LRB095 07293 DRH 27432 b 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.
(6) Any person convicted of violating subdivision (c-5)(5) 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 SB0607 Enrolled - 26 - LRB095 07293 DRH 27432 b of $3,000, and a mandatory minimum 120 days of imprisonment.
(c-6)(1) 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 in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a SB0607 Engrossed - 27 - LRB095 07293 DRH 27432 b mandatory minimum of 100 hours of community service and a mandatory minimum fine of $500.
(c-6)(1) 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 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.
(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 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 SB0607 Enrolled - 27 - LRB095 07293 DRH 27432 b 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 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 SB0607 Engrossed - 28 - LRB095 07293 DRH 27432 b 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.
(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 SB0607 Enrolled - 28 - LRB095 07293 DRH 27432 b 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 SB0607 Engrossed - 29 - LRB095 07293 DRH 27432 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 that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries;
(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 has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);
SB0607 Enrolled - 29 - LRB095 07293 DRH 27432 b (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 has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);
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, SB0607 Engrossed - 30 - LRB095 07293 DRH 27432 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, when the violation of subsection (a) was a proximate cause of the death.
(2) Except as provided in this paragraph (2), a person convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class 4 felony.
(2) Except as provided in this paragraph (2), a person SB0607 Enrolled - 30 - LRB095 07293 DRH 27432 b convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class 4 felony.
Any person sentenced under this subsection (d) who receives a term of probation or conditional discharge must serve a minimum term of either 480 hours of community service or 10 days of SB0607 Engrossed - 31 - LRB095 07293 DRH 27432 b imprisonment as a condition of the probation or conditional discharge.
Any person sentenced under this subsection (d) who receives a term of probation or conditional discharge must serve a minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of the probation or conditional discharge.
This mandatory minimum term of imprisonment or assignment of community service may not be suspended or reduced by the court.
This mandatory minimum term of imprisonment or assignment of community service may not be suspended or SB0607 Enrolled - 31 - LRB095 07293 DRH 27432 b reduced by the court.
SB0607 Engrossed - 32 - LRB095 07293 DRH 27432 b (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 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 SB0607 Enrolled - 32 - LRB095 07293 DRH 27432 b appropriate emergency response, shall be liable for the expense of an emergency response as provided under Section 5-5-3 of the Unified Code of Corrections.
If the person has been previously convicted of violating subsection (a) or a similar SB0607 Engrossed - 33 - LRB095 07293 DRH 27432 b provision of a local ordinance, the fine shall be $1,000.
If the person has been previously convicted of violating subsection (a) or a similar provision of a local ordinance, the fine shall be $1,000.
In the event that more than one agency is responsible for the arrest, the amount payable to law enforcement agencies shall be shared equally.
In the event that more than one agency is responsible for the arrest, the amount payable to law enforcement agencies shall be SB0607 Enrolled - 33 - LRB095 07293 DRH 27432 b shared equally.
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, 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 SB0607 Engrossed - 34 - LRB095 07293 DRH 27432 b 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, 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, and liquor store sting operations.
and police SB0607 Enrolled - 34 - LRB095 07293 DRH 27432 b officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
(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 SB0607 Engrossed - 35 - LRB095 07293 DRH 27432 b 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.
(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.
The court shall monitor compliance with any remedial education or treatment recommendations contained in the professional evaluation.
The court shall monitor SB0607 Enrolled - 35 - LRB095 07293 DRH 27432 b compliance with any remedial education or treatment recommendations contained in the professional evaluation.
As used in this subsection SB0607 Engrossed - 36 - LRB095 07293 DRH 27432 b (m), "emergency response" means any incident requiring a response by a police officer, a firefighter carried on the rolls of a regularly constituted fire department, or an ambulance.
As used in this subsection (m), "emergency response" means any incident requiring a response by a police officer, a firefighter carried on the rolls of a regularly constituted fire department, or an SB0607 Enrolled - 36 - LRB095 07293 DRH 27432 b ambulance.
(5) under the combined influence of alcohol, other drug SB0607 Engrossed - 37 - LRB095 07293 DRH 27432 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 or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving;
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 compound listed in the Use of Intoxicating Compounds Act.
or (6) there is any amount of a drug, substance, or SB0607 Enrolled - 37 - LRB095 07293 DRH 27432 b 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 compound listed in the Use of Intoxicating Compounds Act.
SB0607 Engrossed - 38 - LRB095 07293 DRH 27432 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.
(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 SB0607 Enrolled - 38 - LRB095 07293 DRH 27432 b 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, SB0607 Engrossed - 39 - LRB095 07293 DRH 27432 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, 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 SB0607 Enrolled - 39 - LRB095 07293 DRH 27432 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 a Class 3 felony;
(3) A person who violates subsection (a) a fourth or SB0607 Engrossed - 40 - LRB095 07293 DRH 27432 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 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 SB0607 Enrolled - 40 - LRB095 07293 DRH 27432 b 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.
(c-5.1) A person 21 years of age or older who is convicted of violating subsection (a) of this Section a first time 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 by the person, if the violation was the proximate cause of the injury, is guilty of a SB0607 Engrossed - 41 - LRB095 07293 DRH 27432 b Class 4 felony and is subject to one year of imprisonment, a mandatory fine of $2,500, and 25 days of community service in a program benefiting children.
(c-5.1) A person 21 years of age or older who is convicted of violating subsection (a) of this Section a first time 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 by the person, if the violation was the proximate cause of the injury, is guilty of a Class 4 felony and is subject to one year of imprisonment, a mandatory fine of $2,500, and 25 days of community service in a program benefiting children.
The imprisonment or assignment to community service under this subsection (c-5.1) shall not be subject to suspension, nor shall the person be eligible for probation in order to reduce the sentence or assignment.
The imprisonment or assignment to SB0607 Enrolled - 41 - LRB095 07293 DRH 27432 b community service under this subsection (c-5.1) shall not be subject to suspension, nor shall the person be eligible for probation in order to reduce the sentence or assignment.
The imprisonment or assignment of community service under this subsection (c-7) is not subject to SB0607 Engrossed - 42 - LRB095 07293 DRH 27432 b suspension, nor is the person eligible for a reduced sentence.
The imprisonment or assignment of community service under this subsection (c-7) is not subject to suspension, nor is the person eligible for a reduced sentence.
(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 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 SB0607 Enrolled - 42 - LRB095 07293 DRH 27432 b 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 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-10) Any person 21 years of age or older 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 SB0607 Engrossed - 43 - LRB095 07293 DRH 27432 b similar provision is guilty of a Class 3 felony and, in addition to any other penalty imposed, is subject to 3 years of imprisonment, 25 days of community service in a program benefiting children, and a mandatory fine of $25,000.
(c-10) Any person 21 years of age or older 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 3 felony and, in addition to any other penalty imposed, is subject to 3 years of imprisonment, 25 days of community service in a program SB0607 Enrolled - 43 - LRB095 07293 DRH 27432 b benefiting children, and a mandatory fine of $25,000.
(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 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 SB0607 Engrossed - 44 - LRB095 07293 DRH 27432 b $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 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-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 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 SB0607 Enrolled - 44 - LRB095 07293 DRH 27432 b 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 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 SB0607 Engrossed - 45 - LRB095 07293 DRH 27432 b 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-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 SB0607 Enrolled - 45 - LRB095 07293 DRH 27432 b 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.
(D) the person committed a violation of subsection SB0607 Engrossed - 46 - LRB095 07293 DRH 27432 b (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 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 SB0607 Enrolled - 46 - LRB095 07293 DRH 27432 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);
(2) Except as provided in this paragraph (2), a person convicted of aggravated driving under the influence of SB0607 Engrossed - 47 - LRB095 07293 DRH 27432 b alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class 4 felony.
(2) Except as provided in this paragraph (2), a person convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class 4 felony.
For a violation of subparagraph (C) of paragraph (1) of this subsection (d), the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.
For a violation of subparagraph (C) of paragraph SB0607 Enrolled - 47 - LRB095 07293 DRH 27432 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.
SB0607 Engrossed - 48 - LRB095 07293 DRH 27432 b (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 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 SB0607 Enrolled - 48 - LRB095 07293 DRH 27432 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.
(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 SB0607 Engrossed - 49 - LRB095 07293 DRH 27432 b of an emergency response as provided 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 under Section 5-5-3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving 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 SB0607 Enrolled - 49 - LRB095 07293 DRH 27432 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 SB0607 Engrossed - 50 - LRB095 07293 DRH 27432 b 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 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 SB0607 Enrolled - 50 - LRB095 07293 DRH 27432 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;
and police officer salaries, including but not limited to salaries for SB0607 Engrossed - 51 - LRB095 07293 DRH 27432 b hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
(k) The Secretary of State Police DUI Fund is created as a special fund in the State treasury.
(k) The Secretary of State Police DUI Fund is created as a SB0607 Enrolled - 51 - LRB095 07293 DRH 27432 b special fund in the State treasury.
The court shall monitor compliance with any remedial education or treatment SB0607 Engrossed - 52 - LRB095 07293 DRH 27432 b recommendations contained in the professional evaluation.
The court shall monitor compliance with any remedial education or treatment recommendations contained in the professional evaluation.
Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human Services.
Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human SB0607 Enrolled - 52 - LRB095 07293 DRH 27432 b Services.
SB0607 Engrossed - 53 - LRB095 07293 DRH 27432 b (Source:
(Source:
6-28-06.) (Text of Section from P.A.
SB0607 Enrolled - 53 - LRB095 07293 DRH 27432 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 SB0607 Engrossed - 54 - LRB095 07293 DRH 27432 b 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 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 SB0607 Enrolled - 54 - LRB095 07293 DRH 27432 b 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 SB0607 Engrossed - 55 - LRB095 07293 DRH 27432 b 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.
(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.
(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.
SB0607 Enrolled - 55 - LRB095 07293 DRH 27432 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.
(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 subsection (a), Section 11-501.1, paragraph (b) of Section SB0607 Engrossed - 56 - LRB095 07293 DRH 27432 b 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, 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.
(2.1) 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 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;
SB0607 Enrolled - 56 - LRB095 07293 DRH 27432 b (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 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;
(2.2) A person who violates subsection (a), if the violation occurs during a period in which his or her driving privileges are revoked or suspended where the revocation or suspension was for a violation of subsection (a) or Section 11-501.1, shall also be sentenced to an additional mandatory minimum term of 30 consecutive days of imprisonment, 40 days of 24-hour periodic imprisonment, or SB0607 Engrossed - 57 - LRB095 07293 DRH 27432 b 720 hours of community service, as may be determined by the court.
(2.2) A person who violates subsection (a), if the violation occurs during a period in which his or her driving privileges are revoked or suspended where the revocation or suspension was for a violation of subsection (a) or Section 11-501.1, shall also be sentenced to an additional mandatory minimum term of 30 consecutive days of imprisonment, 40 days of 24-hour periodic imprisonment, or 720 hours of community service, as may be determined by the court.
This mandatory term of imprisonment or assignment of community service shall not be suspended or reduced by the court.
This mandatory term of imprisonment or assignment of community service shall not be suspended or reduced by the SB0607 Enrolled - 57 - LRB095 07293 DRH 27432 b court.
(c-6) Except as provided in subsections (c-7) and (c-8) a SB0607 Engrossed - 58 - LRB095 07293 DRH 27432 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 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 SB0607 Enrolled - 58 - LRB095 07293 DRH 27432 b 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 SB0607 Engrossed - 59 - LRB095 07293 DRH 27432 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 imprisonment, and a mandatory minimum fine of $1,750.
The imprisonment or assignment of community service under this subsection (c-8) is not subject to suspension, nor is the person eligible for a reduced sentence.
The imprisonment or assignment of community service under this subsection (c-8) is not subject to suspension, nor is the SB0607 Enrolled - 59 - LRB095 07293 DRH 27432 b person eligible for a reduced sentence.
SB0607 Engrossed - 60 - LRB095 07293 DRH 27432 b (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 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 SB0607 Enrolled - 60 - LRB095 07293 DRH 27432 b 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 SB0607 Engrossed - 61 - LRB095 07293 DRH 27432 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 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 SB0607 Enrolled - 61 - LRB095 07293 DRH 27432 b 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 SB0607 Engrossed - 62 - LRB095 07293 DRH 27432 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 eligible for a sentence of probation or conditional discharge and is subject to a minimum fine of $2,500.
(d) (1) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:
(d) (1) Every person convicted of committing a violation of SB0607 Enrolled - 62 - LRB095 07293 DRH 27432 b this Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:
(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 SB0607 Engrossed - 63 - LRB095 07293 DRH 27432 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 has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);
(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 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 SB0607 Enrolled - 63 - LRB095 07293 DRH 27432 b 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 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;
Aggravated driving under the influence of alcohol, other drug or drugs, or SB0607 Engrossed - 64 - LRB095 07293 DRH 27432 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, unless the court determines that extraordinary circumstances exist and require probation, shall be sentenced to:
Aggravated driving under the influence of alcohol, other drug or drugs, or 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 SB0607 Enrolled - 64 - LRB095 07293 DRH 27432 b defendant, unless the court determines that extraordinary circumstances exist and require probation, 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 SB0607 Engrossed - 65 - LRB095 07293 DRH 27432 b 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 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.
Programs conducting these evaluations shall be licensed by the Department of Human Services.
Programs conducting these evaluations shall be licensed by the Department of Human SB0607 Enrolled - 65 - LRB095 07293 DRH 27432 b Services.
SB0607 Engrossed - 66 - LRB095 07293 DRH 27432 b (i) The Secretary of State shall require the use of 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 ignition interlock devices on all vehicles owned by an individual who has been convicted of a second or subsequent SB0607 Enrolled - 66 - LRB095 07293 DRH 27432 b offense of 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 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 SB0607 Engrossed - 67 - LRB095 07293 DRH 27432 b 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 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, and liquor store sting operations.
and police SB0607 Enrolled - 67 - LRB095 07293 DRH 27432 b officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
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 SB0607 Engrossed - 68 - LRB095 07293 DRH 27432 b and, subject to appropriation, 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 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 and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any SB0607 Enrolled - 68 - LRB095 07293 DRH 27432 b 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;
If the individual is not a resident of Illinois, however, the court may accept an alcohol or other drug evaluation or remedial education program in the individual’s SB0607 Engrossed - 69 - LRB095 07293 DRH 27432 b state of residence.
If the individual is not a resident of Illinois, however, the court may accept an alcohol or other drug evaluation or remedial education program in the individual’s state of residence.
(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 an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response.
SB0607 Enrolled - 69 - LRB095 07293 DRH 27432 b (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 an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response.
94-114 and 94-963) SB0607 Engrossed - 70 - LRB095 07293 DRH 27432 b Sec.
94-114 and 94-963) Sec.
(a) A person shall not drive or be in actual physical control of any vehicle within this State while:
SB0607 Enrolled - 70 - LRB095 07293 DRH 27432 b (a) A person shall not drive or be in actual physical control of any vehicle within this State while:
(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other SB0607 Engrossed - 71 - LRB095 07293 DRH 27432 b drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.
(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.
(b-1) With regard to penalties imposed under this Section:
SB0607 Enrolled - 71 - LRB095 07293 DRH 27432 b (b-1) With regard to penalties imposed under 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 SB0607 Engrossed - 72 - LRB095 07293 DRH 27432 b or administrative sanction, a mandatory minimum term of either 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 10 days of imprisonment or 480 hours of community service shall be imposed.
(b-5) The imprisonment or assignment of community service under subsections (b-3) and (b-4) shall not be subject to suspension, nor shall the person be eligible for a reduced sentence.
SB0607 Enrolled - 72 - LRB095 07293 DRH 27432 b (b-5) The imprisonment or assignment of community service under subsections (b-3) and (b-4) shall not be subject to suspension, nor shall the person be eligible for a reduced sentence.
(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 SB0607 Engrossed - 73 - LRB095 07293 DRH 27432 b suspended where the revocation or suspension was for a 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 violation of subsection (a), Section 11-501.1, subsection (b) of Section 11-401, or for reckless homicide as defined SB0607 Enrolled - 73 - LRB095 07293 DRH 27432 b 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 fifth time, if the fourth or fifth violation occurs during SB0607 Engrossed - 74 - LRB095 07293 DRH 27432 b 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 fifth time, if the fourth or fifth 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 SB0607 Enrolled - 74 - LRB095 07293 DRH 27432 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 2 felony and is not eligible for a sentence of probation or conditional discharge.
(c-6) Except as provided in subsections (c-7) and (c-8) 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 mandatory minimum fine of $1,000, and an additional mandatory minimum 140 hours of community service, which shall include 40 hours of community SB0607 Engrossed - 75 - LRB095 07293 DRH 27432 b service in a program benefiting children.
(c-6) Except as provided in subsections (c-7) and (c-8) 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 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 service under this subsection (c-6) is not subject to suspension, nor is the person eligible for a reduced sentence.
The imprisonment or assignment of community service under this subsection (c-6) is not subject to suspension, nor is the person eligible for a SB0607 Enrolled - 75 - LRB095 07293 DRH 27432 b reduced sentence.
(c-9) Any person convicted a third time for violating subsection (a) or a similar provision, if at the time of the SB0607 Engrossed - 76 - LRB095 07293 DRH 27432 b third violation the person was transporting a person under the 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 age of 16, is guilty of a Class 4 felony and shall receive, in addition to any other penalty imposed, an additional mandatory SB0607 Enrolled - 76 - LRB095 07293 DRH 27432 b 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 fifth time for violating subsection (a) or a similar provision, if at the time of the fourth or fifth 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 SB0607 Engrossed - 77 - LRB095 07293 DRH 27432 b 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-11) Any person convicted a fourth or fifth time for violating subsection (a) or a similar provision, if at the time of the fourth or fifth 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 SB0607 Enrolled - 77 - LRB095 07293 DRH 27432 b 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 SB0607 Engrossed - 78 - LRB095 07293 DRH 27432 b 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 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 SB0607 Enrolled - 78 - LRB095 07293 DRH 27432 b 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.
(d) (1) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under SB0607 Engrossed - 79 - LRB095 07293 DRH 27432 b the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:
(d) (1) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:
(A) the person committed a violation of subsection (a) or a similar provision for the third or subsequent time;
SB0607 Enrolled - 79 - LRB095 07293 DRH 27432 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 SB0607 Engrossed - 80 - LRB095 07293 DRH 27432 b 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 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 SB0607 Enrolled - 80 - LRB095 07293 DRH 27432 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;
Aggravated driving under the influence of alcohol, other drug or drugs, or 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 SB0607 Engrossed - 81 - LRB095 07293 DRH 27432 b sentenced to:
Aggravated driving under the influence of alcohol, other drug or drugs, or 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:
or (B) a term of imprisonment of not less than 6 years and not more than 28 years if the violation resulted in the deaths of 2 or more persons.
or (B) a term of imprisonment SB0607 Enrolled - 81 - LRB095 07293 DRH 27432 b of not less than 6 years and not more than 28 years if the violation resulted in the deaths of 2 or more persons.
The cost of any professional evaluation shall be paid for by the individual required to undergo the professional SB0607 Engrossed - 82 - LRB095 07293 DRH 27432 b evaluation.
The cost of any professional evaluation shall be paid for by the individual required to undergo the professional evaluation.
(e-1) Any person who is found guilty of or pleads guilty to violating this Section, including any person receiving a disposition of court supervision for violating this Section, may be required by the Court to attend a victim impact panel offered by, or under contract with, a County State’s Attorney’s office, a probation and court services department, Mothers Against Drunk Driving, or the Alliance Against Intoxicated Motorists.
(e-1) Any person who is found guilty of or pleads guilty to violating this Section, including any person receiving a SB0607 Enrolled - 82 - LRB095 07293 DRH 27432 b 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.
The Secretary shall establish by rule and regulation SB0607 Engrossed - 83 - LRB095 07293 DRH 27432 b the procedures for certification and use of the interlock system.
The Secretary shall establish by rule and regulation the procedures for certification and use of the interlock system.
(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:
(j) In addition to any other penalties and liabilities, a SB0607 Enrolled - 83 - LRB095 07293 DRH 27432 b 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:
and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, SB0607 Engrossed - 84 - LRB095 07293 DRH 27432 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, and liquor store sting operations.
Equipment and commodities shall include, but are not limited to, in-car video cameras, radar and laser speed detection devices, and alcohol breath testers.
Equipment and commodities shall include, but are not limited to, in-car video cameras, radar and laser speed detection devices, and alcohol breath SB0607 Enrolled - 84 - LRB095 07293 DRH 27432 b testers.
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 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 SB0607 Engrossed - 85 - LRB095 07293 DRH 27432 b 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 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;
police officer training and education in areas related to alcohol related crime, including but not limited to DUI training;
police officer training and education in areas related to alcohol related SB0607 Enrolled - 85 - LRB095 07293 DRH 27432 b 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), SB0607 Engrossed - 86 - LRB095 07293 DRH 27432 b 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 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, SB0607 Enrolled - 86 - LRB095 07293 DRH 27432 b 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.
SB0607 Engrossed - 87 - LRB095 07293 DRH 27432 b (1) the alcohol concentration in the person’s blood or breath is 0.08 or more based on the definition of blood and 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 breath units in Section 11-501.2;
(2) under the influence of alcohol;
SB0607 Enrolled - 87 - LRB095 07293 DRH 27432 b (2) under the influence of alcohol;
(1) Any reference to a prior violation of subsection SB0607 Engrossed - 88 - LRB095 07293 DRH 27432 b (a) or a similar provision includes any violation of a provision of a local ordinance or a provision of a law of 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 another state that is similar to a violation of subsection SB0607 Enrolled - 88 - LRB095 07293 DRH 27432 b (a) of this Section.
(b-5) The imprisonment or assignment of community service under subsections (b-3) and (b-4) shall not be subject to SB0607 Engrossed - 89 - LRB095 07293 DRH 27432 b suspension, nor shall the person be eligible for a reduced sentence.
(b-5) The imprisonment or assignment of community service under subsections (b-3) and (b-4) shall not be subject to suspension, nor shall the person be eligible for a reduced sentence.
(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 (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.
SB0607 Enrolled - 89 - LRB095 07293 DRH 27432 b (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 (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.
This mandatory minimum term of imprisonment or SB0607 Engrossed - 90 - LRB095 07293 DRH 27432 b assignment of community service shall not be suspended or reduced by the court.
This mandatory minimum term of imprisonment or assignment of community service shall not be suspended or reduced by the court.
(2.2) A person who violates subsection (a), if the violation occurs during a period in which his or her driving privileges are revoked or suspended where the revocation or suspension was for a violation of subsection (a) or Section 11-501.1, shall also be sentenced to an additional mandatory minimum term of 30 consecutive days of imprisonment, 40 days of 24-hour periodic imprisonment, or 720 hours of community service, as may be determined by the court.
(2.2) A person who violates subsection (a), if the SB0607 Enrolled - 90 - LRB095 07293 DRH 27432 b violation occurs during a period in which his or her driving privileges are revoked or suspended where the revocation or suspension was for a violation of subsection (a) or Section 11-501.1, shall also be sentenced to an additional mandatory minimum term of 30 consecutive days of imprisonment, 40 days of 24-hour periodic imprisonment, or 720 hours of community service, as may be determined by the court.
(c-5) A person who violates subsection (a), if the person was transporting a person under the age of 16 at the time of the violation, is subject to an additional mandatory minimum SB0607 Engrossed - 91 - LRB095 07293 DRH 27432 b fine of $1,000, an additional mandatory minimum 140 hours of community service, which shall include 40 hours of community service in a program benefiting children, and an additional 2 days of imprisonment.
(c-5) A person who violates subsection (a), if the person was transporting a person under the age of 16 at the time of the violation, is subject to an additional mandatory minimum fine of $1,000, an additional mandatory minimum 140 hours of community service, which shall include 40 hours of community service in a program benefiting children, and an additional 2 SB0607 Enrolled - 91 - LRB095 07293 DRH 27432 b days of imprisonment.
The imprisonment or assignment of community service under this subsection (c-7) is not subject to suspension, nor is the SB0607 Engrossed - 92 - LRB095 07293 DRH 27432 b person eligible for a reduced sentence.
The imprisonment or assignment of community service under this subsection (c-7) is not subject to suspension, nor is the person eligible for a reduced sentence.
(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 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 SB0607 Enrolled - 92 - LRB095 07293 DRH 27432 b 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 imprisonment, and a mandatory minimum fine of $1,750.
(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 2 felony and shall receive, in addition to SB0607 Engrossed - 93 - LRB095 07293 DRH 27432 b any other penalty imposed, an additional mandatory 40 hours of community service in a program benefiting children, an additional mandatory fine of $3,000, and a mandatory minimum 120 days of imprisonment.
(c-10) Any person convicted of violating subsection (c-9) or a similar provision a third time within 20 years of a previous violation of subsection (a) or a similar provision is guilty of a Class 2 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 SB0607 Enrolled - 93 - LRB095 07293 DRH 27432 b 120 days of imprisonment.
SB0607 Engrossed - 94 - LRB095 07293 DRH 27432 b (c-13) Any person convicted of a second violation of subsection (a) or a similar provision committed within 10 years of a previous violation of subsection (a) or a similar provision committed within 10 years of a previous violation of subsection (a) or a similar provision, if at the time of the second violation of subsection (a) the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 2 days of 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 SB0607 Enrolled - 94 - LRB095 07293 DRH 27432 b provision committed within 10 years of a previous violation of subsection (a) or a similar provision, if at the time of the second violation of subsection (a) the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 2 days of 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 SB0607 Engrossed - 95 - LRB095 07293 DRH 27432 b 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-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 SB0607 Enrolled - 95 - LRB095 07293 DRH 27432 b 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.
(D) the person committed a violation of subsection SB0607 Engrossed - 96 - LRB095 07293 DRH 27432 b (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 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 SB0607 Enrolled - 96 - LRB095 07293 DRH 27432 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);
(2) Except as provided in this paragraph (2) and in paragraphs (3) and (4) of subsection (c-1), a person SB0607 Engrossed - 97 - LRB095 07293 DRH 27432 b convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class 4 felony.
(2) Except as provided in this paragraph (2) and in paragraphs (3) and (4) of subsection (c-1), a person convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class SB0607 Enrolled - 97 - LRB095 07293 DRH 27432 b 4 felony.
Any person sentenced under this subsection (d) who receives a term of probation SB0607 Engrossed - 98 - LRB095 07293 DRH 27432 b or conditional discharge must serve a minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of the probation or conditional discharge.
Any person sentenced under this subsection (d) who receives a term of probation or conditional discharge must serve a minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of the probation or conditional SB0607 Enrolled - 98 - LRB095 07293 DRH 27432 b discharge.
All costs generated by the victim impact panel shall SB0607 Engrossed - 99 - LRB095 07293 DRH 27432 b be paid from fees collected from the offender or as may be determined by the court.
All costs generated by the victim impact panel shall be paid from fees collected from the offender or as may be determined by the court.
(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 under Section 5-5-3 of the Unified Code of Corrections.
(f) Every person found guilty of violating this Section, SB0607 Enrolled - 99 - LRB095 07293 DRH 27432 b 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 under Section 5-5-3 of the Unified Code of Corrections.
20% to the law enforcement agency that made the arrest and 80% shall be forwarded to the State Treasurer for deposit SB0607 Engrossed - 100 - LRB095 07293 DRH 27432 b into the General Revenue Fund.
20% to the law enforcement agency that made the arrest and 80% shall be forwarded to the State Treasurer for deposit into the General Revenue Fund.
In the event that more than one agency is responsible for the arrest, the amount payable to law enforcement agencies shall be shared equally.
In SB0607 Enrolled - 100 - LRB095 07293 DRH 27432 b the event that more than one agency is responsible for the arrest, the amount payable to law enforcement agencies shall be shared equally.
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, other drug or drugs, intoxicating compound or compounds or any combination thereof, as defined by this Section, including but SB0607 Engrossed - 101 - LRB095 07293 DRH 27432 b 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, 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;
police officer training and education in areas related to alcohol related crime, including but not limited to DUI training;
police officer SB0607 Enrolled - 101 - LRB095 07293 DRH 27432 b training and education in areas related to alcohol related crime, including but not limited to DUI training;
(l) Whenever an individual is sentenced for an offense based upon an arrest for a violation of subsection (a) or a SB0607 Engrossed - 102 - LRB095 07293 DRH 27432 b 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.
(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 SB0607 Enrolled - 102 - LRB095 07293 DRH 27432 b 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 an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency SB0607 Engrossed - 103 - LRB095 07293 DRH 27432 b 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 an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response.
As used in this subsection (m), "emergency response" means any incident requiring a response by a police officer, a firefighter carried on the rolls of a regularly constituted fire department, or an ambulance.
As used in this subsection (m), "emergency response" means any incident requiring a SB0607 Enrolled - 103 - LRB095 07293 DRH 27432 b response by a police officer, a firefighter carried on the rolls of a regularly constituted fire department, or an ambulance.
(4) under the influence of any other drug or combination of drugs to a degree that renders the person SB0607 Engrossed - 104 - LRB095 07293 DRH 27432 b incapable of safely driving;
(4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;
(5) under the combined influence of alcohol, other drug 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 or drugs, or intoxicating compound or compounds to a degree SB0607 Enrolled - 104 - LRB095 07293 DRH 27432 b that renders the person incapable of safely driving;
(b-2) Except as otherwise provided in this Section, any SB0607 Engrossed - 105 - LRB095 07293 DRH 27432 b person convicted of violating subsection (a) of this Section is guilty of a Class A misdemeanor.
(b-2) Except as otherwise provided in this Section, any person convicted of violating subsection (a) of this Section is guilty of a Class A misdemeanor.
(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.
(b-3) In addition to any other criminal or administrative SB0607 Enrolled - 105 - LRB095 07293 DRH 27432 b 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.
(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 (b) of Section 11-401, or for reckless homicide as defined in Section 9-3 of the Criminal Code of 1961 is guilty of SB0607 Engrossed - 106 - LRB095 07293 DRH 27432 b 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 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 (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 4 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 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.
SB0607 Enrolled - 106 - LRB095 07293 DRH 27432 b (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 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.
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 imprisonment or shall be assigned a SB0607 Engrossed - 107 - LRB095 07293 DRH 27432 b 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 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.
This mandatory minimum term of imprisonment or assignment of community service shall not be suspended or reduced by the court.
This mandatory minimum term of SB0607 Enrolled - 107 - LRB095 07293 DRH 27432 b imprisonment or assignment of community service shall not be suspended or reduced by the court.
(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 SB0607 Engrossed - 108 - LRB095 07293 DRH 27432 b 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 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 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 aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and is guilty of a SB0607 Enrolled - 108 - LRB095 07293 DRH 27432 b Class 2 felony, and is not eligible for a sentence of probation or conditional discharge.
The imprisonment or assignment of community service under this subsection (c-6) is SB0607 Engrossed - 109 - LRB095 07293 DRH 27432 b not subject to suspension, nor is the person eligible for a reduced sentence.
The imprisonment or assignment of community service under this subsection (c-6) is not subject to suspension, nor is the person eligible for a reduced sentence.
(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 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 SB0607 Enrolled - 109 - LRB095 07293 DRH 27432 b 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 additional 40 hours of mandatory community service in a program benefiting children, and a mandatory minimum fine of $1,750.
(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 age of 16, is guilty of a Class 4 felony and shall receive, in SB0607 Engrossed - 110 - LRB095 07293 DRH 27432 b 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 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 SB0607 Enrolled - 110 - LRB095 07293 DRH 27432 b 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 urine was 0.16 or more based on the definition of blood, SB0607 Engrossed - 111 - LRB095 07293 DRH 27432 b 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 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-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 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.
SB0607 Enrolled - 111 - LRB095 07293 DRH 27432 b (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 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 SB0607 Engrossed - 112 - LRB095 07293 DRH 27432 b 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 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 SB0607 Enrolled - 112 - LRB095 07293 DRH 27432 b 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.
(A) the person committed a violation of subsection SB0607 Engrossed - 113 - LRB095 07293 DRH 27432 b (a) or a similar provision for the third or subsequent time;
(A) the person committed a violation of subsection (a) or a similar provision for the third or subsequent time;
(B) the person committed a violation of subsection (a) while driving a school bus with persons 18 years of age or younger on board;
(B) the person committed a violation of subsection SB0607 Enrolled - 113 - LRB095 07293 DRH 27432 b (a) while driving a school bus with persons 18 years of age or younger on board;
(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 accident that resulted in bodily harm, other than great SB0607 Engrossed - 114 - LRB095 07293 DRH 27432 b 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 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;
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, when the violation of subsection (a) was a proximate cause of the death;
or SB0607 Enrolled - 114 - LRB095 07293 DRH 27432 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;
Aggravated SB0607 Engrossed - 115 - LRB095 07293 DRH 27432 b driving under the influence of alcohol, other drug or drugs, or 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 intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of SB0607 Enrolled - 115 - LRB095 07293 DRH 27432 b 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 SB0607 Engrossed - 116 - LRB095 07293 DRH 27432 b 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 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.
Programs conducting these evaluations shall be licensed by the Department of Human Services.
Programs conducting these evaluations shall be licensed by the Department of Human SB0607 Enrolled - 116 - LRB095 07293 DRH 27432 b Services.
SB0607 Engrossed - 117 - LRB095 07293 DRH 27432 b (i) The Secretary of State shall require the use of 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 ignition interlock devices on all vehicles owned by an individual who has been convicted of a second or subsequent SB0607 Enrolled - 117 - LRB095 07293 DRH 27432 b offense of 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 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 SB0607 Engrossed - 118 - LRB095 07293 DRH 27432 b 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 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, and liquor store sting operations.
and police SB0607 Enrolled - 118 - LRB095 07293 DRH 27432 b officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
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 SB0607 Engrossed - 119 - LRB095 07293 DRH 27432 b and, subject to appropriation, 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 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 and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any SB0607 Enrolled - 119 - LRB095 07293 DRH 27432 b 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;
If the individual is not a resident of Illinois, however, the court may accept an alcohol or other drug evaluation or remedial education program in the individual’s SB0607 Engrossed - 120 - LRB095 07293 DRH 27432 b state of residence.
If the individual is not a resident of Illinois, however, the court may accept an alcohol or other drug evaluation or remedial education program in the individual’s state of residence.
(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 an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response.
SB0607 Enrolled - 120 - LRB095 07293 DRH 27432 b (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 an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response.
6-28-06.) (625 ILCS 5/11-501.01 new) SB0607 Engrossed - 121 - LRB095 07293 DRH 27432 b Sec.
6-28-06.) (625 ILCS 5/11-501.01 new) Sec.
(a) 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 Section 11-501 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.
(a) After a finding of guilt and prior to any final sentencing or an order for supervision, for an offense based SB0607 Enrolled - 121 - LRB095 07293 DRH 27432 b upon an arrest for a violation of Section 11-501 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.
(c) Every person found guilty of violating Section 11-501, whose operation of a motor vehicle while in violation of that Section proximately caused any incident resulting in an SB0607 Engrossed - 122 - LRB095 07293 DRH 27432 b appropriate emergency response, shall be liable for the expense of an emergency response as provided in subsection (i) of this Section.
(c) Every person found guilty of violating Section 11-501, whose operation of a motor vehicle while in violation of that 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 (i) of this Section.
(d) The Secretary of State shall revoke the driving privileges of any person convicted under Section 11-501 or a similar provision of a local ordinance.
SB0607 Enrolled - 122 - LRB095 07293 DRH 27432 b (d) The Secretary of State shall revoke the driving privileges of any person convicted under Section 11-501 or a similar provision of a local ordinance.
Any moneys received by a law SB0607 Engrossed - 123 - LRB095 07293 DRH 27432 b enforcement agency under this subsection (f) shall be used to purchase law enforcement equipment 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 (f) shall be used to purchase law enforcement equipment that will assist in the prevention of alcohol related criminal violence throughout the SB0607 Enrolled - 123 - LRB095 07293 DRH 27432 b State.
SB0607 Engrossed - 124 - LRB095 07293 DRH 27432 b Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human Services.
Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human Services.
If the individual is not a resident of Illinois, however, the court may accept an alcohol or other drug evaluation or remedial education program in the individual’s state of residence.
If the individual is not a resident of Illinois, SB0607 Enrolled - 124 - LRB095 07293 DRH 27432 b however, the court may accept an alcohol or other drug evaluation or remedial education program in the individual’s state of residence.
SB0607 Engrossed - 125 - LRB095 07293 DRH 27432 b (625 ILCS 5/Chapter 16A heading new) CHAPTER 16A.
TRAFFIC SAFETY FORFEITURES (625 ILCS 5/16A-1 new) Sec.
16A-1.
Short title.
This Chapter may be cited as the Traffic Safety Forfeiture Law of 2007.
(625 ILCS 5/16A-5 new) Sec.
16A-5.
Legislative Declaration.
The Illinois General Assembly finds that persons who drive without a valid driver’s license or permit or with a suspended or revoked driver’s license or permit pose a significant and dangerous threat to Illinois motorists.
The civil forfeiture of motor vehicles used by persons who drive without a valid driver’s license or permit or with a suspended or revoked driver’s license or permit will have a significant beneficial effect in deterring this type of activity and will reduce the number of traffic fatalities and accidents caused by those persons.
It is necessary and appropriate to take additional steps to prevent drivers who drive without a valid driver’s license or permit or with suspended or revoked licenses or permits from driving, including civil forfeiture of vehicles used by those persons.
The State has a critical interest in enforcing its traffic laws and keeping drivers with suspended or revoked licenses or permits from illegally driving.
Seizing the vehicles used by those persons serves an important governmental and public SB0607 Engrossed - 126 - LRB095 07293 DRH 27432 b interest, namely the protection of the health, safety, and welfare of Illinois motorists from the harm associated with driving without a valid driver’s license or permit or with a suspended or revoked license or permit.
(625 ILCS 5/16A-10 new) Sec.
16A-10.
Applicability.
This Chapter applies to all motor vehicles used by persons who drive without a valid driver’s license or permit or with suspended or revoked licenses or permits in violation of Section 6-303 of this Code, if the person’s driving privileges were revoked or suspended as a result of a violation listed in paragraph (1), (2), or (3) of subsection (c) of Section 6-303 of this Code or as a result of a statutory summary suspension as provided in paragraph (4) of subsection (c) of Section 6-303, or if the person committed the offenses described in the following provisions of this Code:
Section 11-501, subdivisions (d)(1)(A), (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I);
or an offense described in subsection (e) of Section 6-101 of this Code.
(625 ILCS 5/16A-15 new) Sec.
16A-15.
Seizure.
(a) Any motor vehicle used in violation of Section 6-101, 6-303, or 11-501 of this Code may be seized for forfeiture if:
(1) the person’s driving privileges were revoked or suspended as a result of a violation listed in paragraph SB0607 Engrossed - 127 - LRB095 07293 DRH 27432 b (1), (2), or (3) of subsection (c) of Section 6-303;
(2) the person’s driving privileges were revoked or suspended as a result of a summary suspension as provided in paragraph (4) of subsection (c) of Section 6-303;
(3) the person committed the offenses described in the following provisions of this Code:
Section 11-501, subdivisions (d)(1)(A), (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I);
or (4) the person committed an offense described in subsection (e) of Section 6-101 of this Code.
(b) The seizing agency shall, within 30 days after seizure, deliver the vehicle to the sheriff of the county of seizure and notify the State’s Attorney of the county in which the act or omission giving rise to the forfeiture occurred, or in which the motor vehicle was seized, of the seizure and the facts and circumstances giving rise to the seizure and shall provide the State’s Attorney with the inventory of the motor vehicle and its estimated value.
The seizing agency shall also notify the Secretary of State that forfeiture proceedings are pending regarding the vehicle.
(c) If, after review of the facts surrounding the seizure, the State’s Attorney is of the opinion that the seized motor vehicle is subject to forfeiture, the State’s Attorney shall, within 45 days of the receipt of notice of seizure from the seizing agency, cause notice of pending forfeiture of the motor vehicle to be given to the owner and any person whose right, SB0607 Engrossed - 128 - LRB095 07293 DRH 27432 b title, or interest is of record with the Secretary of State.
(d) Warrant of seizure.
Any peace officer employed by a law enforcement agency of this State may request the issuance of a warrant authorizing the seizure of any motor vehicle in the same manner as provided for a search warrant.
If the court determines that there is probable cause to believe that the motor vehicle to be seized is subject to forfeiture, the court shall issue a warrant authorizing the seizure of that motor vehicle.
(e) If the spouse of the owner of a vehicle seized for an offense described in subsection (a) of this Section makes a showing that the seized vehicle is the family’s only source of transportation and it is determined that the financial hardship to the family as a result of the seizure outweighs the benefit to the State from the seizure, the vehicle may be forfeited to the spouse or family member and the title to the vehicle shall be transferred to the spouse or a family member who is properly licensed and who requires the use of the vehicle for employment or family transportation purposes.
A written declaration of forfeiture of a vehicle under this Section shall be sufficient cause for the title to be transferred to the spouse or family member.
The provisions of this paragraph shall apply only to one forfeiture per vehicle.
If the vehicle is the subject of a subsequent forfeiture proceeding by virtue of a subsequent conviction of either spouse or the family member, the spouse or a family member to whom the vehicle was forfeited under the SB0607 Engrossed - 129 - LRB095 07293 DRH 27432 b first forfeiture proceeding may not utilize the provisions of this paragraph in another forfeiture proceeding.
If the owner of the vehicle seized owns more than one vehicle, the procedure set out in this paragraph may be used for only one vehicle.
(625 ILCS 5/16A-20 new) Sec.
16A-20.
Notice to owner or interest holder.
(a) Whenever notice of pending forfeiture or service of an in rem complaint is required under this Chapter:
(1) the notice of pending forfeiture must include a description of the motor vehicle, the estimated value of the motor vehicle, the date and place of seizure, the conduct giving rise to forfeiture or the violation of law alleged, and a summary of procedures and procedural rights applicable to the forfeiture action;
and (2) if the name and address of the owner or any person whose right, title, or interest is of record are known, the notice or service shall be given by either personal service or by mailing a copy of the notice by certified mail, return receipt requested, to that address.
If the address of an owner or any person whose right, title, or interest is of record changes prior to the effective date of the notice of pending forfeiture, the owner or any person whose right, title, or interest is of record shall promptly notify the seizing agency of the change in address or, if the address of an owner or any person whose right, title, SB0607 Engrossed - 130 - LRB095 07293 DRH 27432 b or interest is of record changes subsequent to the effective date of the notice of pending forfeiture, the owner or any person whose right, title, or interest is of record shall promptly notify the seizing agency and the State’s Attorney’s Office of the change in address.
(b) Notice served under this Chapter is effective upon personal service or the mailing of written notice, whichever is earlier.
(625 ILCS 5/16A-25 new) Sec.
16A-25.
Non-judicial forfeiture.
(a) Any person claiming ownership of the motor vehicle that is the subject of notice under Section 16A-20 may, within 45 days after the effective date of notice as described in Section 16A-20, file with the State’s Attorney a verified claim of his or her ownership of the motor vehicle.
The claim must set forth:
(1) the caption of the proceedings as set forth on the notice of pending forfeiture and the name of the claimant;
(2) the address at which the claimant will accept mail;
(3) the nature and extent of the claimant’s ownership of the motor vehicle;
(4) the date and circumstances of the claimant’s acquisition of the ownership of the motor vehicle and the identity of the transferor;
(5) the name and address of all other persons known to SB0607 Engrossed - 131 - LRB095 07293 DRH 27432 b have ownership of the motor vehicle;
(6) the specific provision of law relied on in asserting that the motor vehicle is not subject to forfeiture;
(7) all essential facts supporting each assertion;
and (8) the relief sought.
(b) If a claimant files a claim and deposits with the State’s Attorney a cost bond, in the form of a cashier’s check payable to the clerk of the court, in the sum of 10% of the reasonable value of the motor vehicle as alleged by the State’s Attorney, the State’s Attorney shall, within 45 days after receipt of the claim and cost bond, institute judicial in rem forfeiture proceedings and deposit the cost bond with the clerk of the court as described in Section 16A-35.
In lieu of a cost bond, a person claiming ownership of the seized motor vehicle may file, under penalty of perjury, an indigency affidavit.
(c) If the motor vehicle is not forfeited in the judicial in rem proceeding, the clerk of the court shall return to the claimant, unless the court orders otherwise, 90% of the sum which has been deposited and shall retain as costs 10% of the money deposited.
(d) If no claim is filed or bond given within the 45-day period described in this Section, the State’s Attorney shall declare the property forfeited and shall promptly notify the owner, any person whose right, title, or interest is of record, and the sheriff of the county in which the seizure occurred, of SB0607 Engrossed - 132 - LRB095 07293 DRH 27432 b the declaration of forfeiture.
(e) A copy of the declaration of forfeiture shall be filed with the sheriff of the county in which the seizure occurs and with the Secretary of State.
The declaration, when filed, constitutes authority for the issuance of clear title to the vehicle to the department or agency to whom it is delivered or to any purchaser of the vehicle.
(f) When a motor vehicle is forfeited under this Chapter, the sheriff of the county in which the seizure occurs shall sell the motor vehicle at public auction, unless the motor vehicle is required by law to be destroyed or is harmful to the public.
(g) If, however, upon application of the seizing agency or the prosecutor who was responsible for the investigation, arrest, and prosecution that led to the forfeiture of the motor vehicle, the county sheriff shall award the motor vehicle to the seizing agency or prosecutor for official use, if the agency or prosecutor can demonstrate that the vehicle requested would be useful to the agency or prosecutor for official use.
(h) The proceeds of any sale at public auction under this Chapter, after payment of all liens and deduction of the reasonable charges and expenses incurred by the sheriff in storing and selling the vehicle, shall be paid into the general fund of the county of seizure.
(625 ILCS 5/16A-30 new) SB0607 Engrossed - 133 - LRB095 07293 DRH 27432 b Sec.
16A-30.
Presumptions.
Suspension or revocation of the driver’s license or permit of the driver of the motor vehicle shall be conclusively presumed to be known by the driver and any person whose right, title, or interest is or record if:
(1) the Secretary of State has sent the driver a certified letter, return receipt requested, regarding the suspension or revocation;
or (2) the suspension or revocation was the result of a court order.
(625 ILCS 5/16A-35 new) Sec.
16A-35.
Exemptions from forfeiture.
A motor vehicle is exempt from forfeiture under this Chapter if:
(1) the owner or any person whose right, title, or interest is of record with the Secretary of State establishes by a preponderance of the evidence that he or she made a reasonable effort or inquiry to determine whether the driver possessed a valid driver’s license before allowing him or her to operate the owner’s vehicle.
The owner or any person whose right, title, or interest is of record is not required to inquire of the Secretary of State whether the driver possessed a valid driver’s license;
(2) the owner or any person whose right, title, or interest is of record with the Secretary of State did not hold the property jointly or in common with a person whose conduct gave rise to the forfeiture;
SB0607 Engrossed - 134 - LRB095 07293 DRH 27432 b (3) the owner or any person whose right, title, or interest is of record with the Secretary of State does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or any person whose right, title, or interest is of record acquired the interest through any such person, the owner or any person whose right, title, or interest is of record acquired it as a bona fide purchaser for value without knowingly taking part in the conduct giving rise to the forfeiture;
and (4) the owner or any person whose right, title, or interest is of record with the Secretary of State acquired the interest before the commencement of the conduct giving rise to its forfeiture, and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct.
(625 ILCS 5/16A-40 new) Sec.
16A-40.
Judicial in rem procedures.
(a) Within 45 days of receipt of a proper verified claim and cost bond, the State’s Attorney shall institute judicial forfeiture proceedings by filing a verified complaint for forfeiture and, if the claimant has filed a claim and cost bond, by depositing the cost bond with the clerk of the court.
When authorized by law, a forfeiture must be ordered by a court in an action in rem brought by a State’s Attorney under a verified complaint for forfeiture.
SB0607 Engrossed - 135 - LRB095 07293 DRH 27432 b (b) During the probable cause portion of the judicial in rem proceeding in which the State presents its case-in-chief, the court must receive and consider, among other things, all relevant hearsay evidence and information.
The laws of evidence relating to civil actions shall apply to all other portions of the judicial in rem proceeding.
(c) Only an owner or a person or legal entity whose right, title, or interest is of record with the Secretary of State on or before the date of seizure of the vehicle may file an answer asserting a claim against the motor vehicle in the action in rem.
For purposes of this Section, any person or legal entity whose right, title, or interest is of record shall be referred to as the claimant.
(d) The answer must be signed by the claimant under penalty of perjury and must indicate:
(1) the caption of the proceedings, as set forth on the notice of pending forfeiture, and the name of the claimant;
(2) the address at which the claimant will accept mail;
(3) the nature and extent of the claimant’s ownership of the motor vehicle;
(4) the date and circumstances of the claimant’s acquisition of ownership of the motor vehicle and the identity of transferor;
(5) the name and address of all other persons known to have ownership of the motor vehicle;
(6) the specific language of Section 16A-35 relied on SB0607 Engrossed - 136 - LRB095 07293 DRH 27432 b in asserting that the motor vehicle is not subject to forfeiture;
(7) all essential facts supporting each assertion;
and (8) the precise relief sought.
(e) The answer must be filed with the court within 45 days after service of the civil in rem complaint.
(f) The hearing must be held within 60 days after filing of the answer unless continued for good cause.
If a related traffic or criminal case that gave rise to this proceeding is still pending, however, all forfeiture proceedings shall, upon motion of the State, be stayed until the underlying case is concluded.
(g) The State must, at the hearing, show probable cause for forfeiture of the motor vehicle.
If the State shows probable cause, the claimant has the burden of showing by a preponderance of the evidence that the claimant’s ownership of the motor vehicle is not subject to forfeiture.
(h) If the State does not show probable cause, or a claimant has established by a preponderance of evidence that the claimant’s ownership is exempt under Section 16A-35, the court shall order the motor vehicle returned to the claimant.
If the State does show probable cause and the claimant does not establish by a preponderance of evidence that the claimant’s ownership is exempt under Section 16A-35, the court shall order the motor vehicle forfeited to the State.
(i) A defendant who has pled guilty or has been found SB0607 Engrossed - 137 - LRB095 07293 DRH 27432 b guilty in any underlying traffic or criminal proceeding is precluded from later denying the essential allegations of the traffic or criminal offense of which the defendant was convicted in any proceeding under this Act, regardless of the pendency of an appeal from that conviction.
Evidence of the pendency of an appeal is admissible, however.
(j) An acquittal or dismissal in a traffic or criminal proceeding shall not preclude civil proceedings under this Chapter.
A motor vehicle subject to forfeiture under this Chapter shall not be subject to return or release by a court exercising jurisdiction over a traffic or criminal case involving the seizure of that motor vehicle, unless the return or release is consented to by the State’s Attorney.
(k) Any motor vehicle declared forfeited under this Chapter vests in the State on the commission of the conduct giving rise to forfeiture of the motor vehicle after that time.
The motor vehicle remains subject to forfeiture after any subsequent transfer to any person, and the motor vehicle shall be ordered forfeited unless the transferee claims and establishes in a hearing under this Chapter that the transferee’s ownership is exempt under Section 16A-35.
(l) A civil action under this Chapter must be commenced within 5 years after the last conduct giving rise to forfeiture became known or should have become known, or 5 years after the forfeitable motor vehicle is discovered, whichever is later, excluding any time during which either the motor vehicle or SB0607 Engrossed - 138 - LRB095 07293 DRH 27432 b claimant is out of the State or in confinement or during which criminal proceedings relating to the same conduct are in progress.
(m) Motor vehicles taken or detained under this Chapter are not subject to replevin and are deemed to be in the custody of the county sheriff, subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State’s Attorney under this Chapter.
(625 ILCS 5/16A-45 new) Sec.
16A-45.
Stay of time periods.
If a motor vehicle is seized for evidence and for forfeiture, the time periods for instituting judicial and non-judicial forfeiture proceedings shall not begin until the motor vehicle is no longer needed for evidence.
(625 ILCS 5/16A-50 new) Sec.
16A-50.
Settlement of claims.
(a) Notwithstanding other provisions of this Chapter, the State’s Attorney and a claimant of a seized motor vehicle may enter into an agreed settlement concerning the seized motor vehicle in the amount and upon the terms that are set out in writing in a settlement agreement.
(b) If the State’s Attorney agrees to release a motor vehicle to an owner or person whose right, title, or interest SB0607 Engrossed - 139 - LRB095 07293 DRH 27432 b is of record, that person must sign a stipulated vehicle release agreement that provides for the automatic forfeiture of any vehicle registered to him or her if the vehicle is driven by a driver with a suspended or revoked license or permit.
This Section applies to any vehicle currently owned or any vehicle registered in the future.
If the person does not sign the agreement, the vehicle may not be released.
A signed agreement precludes any claim, if the motor vehicle is subsequently driven by a person with a suspended or revoked driver’s license or permit, that the person to whom the vehicle was released is an innocent owner.
The Criminal Code of 1961 is amended by changing Section 36-1 as follows:
If and only if Senate Bill 300 of the 95th General Assembly becomes law and the changes to Section 6-206.1 of the Illinois Vehicle Code in that bill become law in the SB0607 Enrolled - 125 - LRB095 07293 DRH 27432 b form in which they appear in House Amendment No.
(720 ILCS 5/36-1) (from Ch.
1 to that bill, the Illinois Vehicle Code is amended by changing Section 6-206.1 as follows:
38, par.
(625 ILCS 5/6-206.1) (from Ch.
36-1) Sec.
95 1/2, par.
36-1.
6-206.1) Sec.
Seizure.
6-206.1.
Any vessel, vehicle or aircraft used with the knowledge and consent of the owner in the commission of, or in the attempt to commit as defined in Section 8-4 of this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1, 19-2, 19-3, 20-1, 20-2, 20.5-6, 24-1.2, 24-1.2-5, 24-1.5, or 28-1 of this Code, paragraph (a) of Section 12-4 of this Code, paragraph (a) of Section 12-15 or paragraphs (a), (c) or (d) of Section 12-16 of this Code, or paragraph (a)(6) or SB0607 Engrossed - 140 - LRB095 07293 DRH 27432 b (a)(7) of Section 24-1 of this Code;
Monitoring Device Driving Permit.
(b) Section 21, 22, 23, 24 or 26 of the Cigarette Tax Act if the vessel, vehicle or aircraft contains more than 10 cartons of such cigarettes;
Declaration of Policy.
(c) Section 28, 29 or 30 of the Cigarette Use Tax Act if the vessel, vehicle or aircraft contains more than 10 cartons of such cigarettes;
It is hereby declared a policy of the State of Illinois that the driver who is impaired by alcohol, other drug or drugs, or intoxicating compound or compounds is a threat to the public safety and welfare.
(d) Section 44 of the Environmental Protection Act;
Therefore, to provide a deterrent to such practice and to remove problem drivers from the highway, a statutory summary driver’s license suspension is appropriate.
or (e) Section 11-204.1 of the Illinois Vehicle Code;
It is also recognized that driving is a privilege and therefore, that the granting of driving privileges, in a manner consistent with public safety, is warranted during the period of suspension in the form of a monitoring device driving permit.
(f) the offenses described in the following provisions of the Illinois Vehicle Code:
A person who drives and fails to comply with the requirements of the monitoring device driving permit commits a violation of Section 6-303 of this Code.
Section 11-501 subdivisions (c-1)(1), (c-1)(2), (c-1)(3), (d)(1)(A), (d)(1)(D), (d)(1)(G), or (d)(1)(H);
The following procedures shall apply whenever a first offender is arrested for any offense as defined in Section 11-501 or a similar provision of a local ordinance:
(g) an offense described in subsection (g) of Section 6-303 of the Illinois Vehicle Code;
(a) Subsequent to a notification of a statutory summary suspension of driving privileges as provided in Section 11-501.1, the court, after informing the first offender, as defined in Section 11-500, of his or her right to a monitoring SB0607 Enrolled - 126 - LRB095 07293 DRH 27432 b device driving permit, hereinafter referred to as a MDDP, and of the obligations of the MDDP, shall enter an order directing the Secretary of State to issue a MDDP to the offender, unless the offender has opted, in writing, not to have a MDDP issued.
or (h) an offense described in subsection (e) of Section 6-101 of the Illinois Vehicle Code;
However, the court shall not enter the order directing the Secretary of State to issue the MDDP, if the court finds:
may be seized and delivered forthwith to the sheriff of the county of seizure.
(1) The offender’s driver’s license is otherwise invalid valid;
Within 15 days after such delivery the sheriff shall give notice of seizure to each person according to the following method:
(2) Death No death or great bodily harm resulted from the arrest for Section 11-501;
Upon each such person whose right, title or interest is of record in the office of the Secretary of State, the Secretary of Transportation, the Administrator of the Federal Aviation Agency, or any other Department of this State, or any other state of the United States if such vessel, vehicle or aircraft is required to be so registered, as the case may be, by mailing a copy of the notice by certified mail to the address as given upon the records of the Secretary of State, the Department of Aeronautics, Department of Public Works and SB0607 Engrossed - 141 - LRB095 07293 DRH 27432 b Buildings or any other Department of this State or the United States if such vessel, vehicle or aircraft is required to be so registered.
(3) That the offender has not been previously convicted of reckless homicide;
Within that 15 day period the sheriff shall also notify the State’s Attorney of the county of seizure about the seizure.
or and (4) That the offender is not less than 18 years of age.
In addition, any mobile or portable equipment used in the commission of an act which is in violation of Section 7g of the Metropolitan Water Reclamation District Act shall be subject to seizure and forfeiture under the same procedures provided in this Article for the seizure and forfeiture of vessels, vehicles and aircraft, and any such equipment shall be deemed a vessel, vehicle or aircraft for purposes of this Article.
Any court order for a MDDP shall order the person to pay the Secretary of State a MDDP Administration Fee an amount not to exceed $30 per month.
When a person discharges a firearm at another individual from a vehicle with the knowledge and consent of the owner of the vehicle and with the intent to cause death or great bodily harm to that individual and as a result causes death or great bodily harm to that individual, the vehicle shall be subject to seizure and forfeiture under the same procedures provided in this Article for the seizure and forfeiture of vehicles used in violations of clauses (a), (b), (c), or (d) of this Section.
The Secretary shall establish by rule the amount and the procedures, terms, and conditions relating to these fees.
If the spouse of the owner of a vehicle seized for an offense described in subsection (g) of Section 6-303 of the Illinois Vehicle Code, a violation of subdivision (c-1)(1), (c-1)(2), (c-1)(3), (d)(1)(A), or (d)(1)(D) of Section 11-501 of the Illinois Vehicle Code, or Section 9-3 of this Code makes a showing that the seized vehicle is the only source of SB0607 Engrossed - 142 - LRB095 07293 DRH 27432 b transportation and it is determined that the financial hardship to the family as a result of the seizure outweighs the benefit to the State from the seizure, the vehicle may be forfeited to the spouse or family member and the title to the vehicle shall be transferred to the spouse or family member who is properly licensed and who requires the use of the vehicle for employment or family transportation purposes.
The order shall further specify that the offender must have an ignition interlock device installed within 14 days of the date the Secretary issues the MDDP, and shall specify the vehicle in which the device is to be installed.
A written declaration of forfeiture of a vehicle under this Section shall be sufficient cause for the title to be transferred to the spouse or family member.
The ignition interlock device provider must notify the Secretary, in a manner and form prescribed by the Secretary, of the installation.
The provisions of this paragraph shall apply only to one forfeiture per vehicle.
If the Secretary does not receive notice of installation, the Secretary shall cancel the MDDP.
If the vehicle is the subject of a subsequent forfeiture proceeding by virtue of a subsequent conviction of either spouse or the family member, the spouse or family member to whom the vehicle was forfeited under the first forfeiture proceeding may not utilize the provisions of this paragraph in another forfeiture proceeding.
A MDDP shall not become effective prior to the 31st day of the SB0607 Enrolled - 127 - LRB095 07293 DRH 27432 b original statutory summary suspension.
If the owner of the vehicle seized owns more than one vehicle, the procedure set out in this paragraph may be used for only one vehicle.
(a-1) A person issued a MDDP may drive for any purpose and at any time, subject to the rules adopted by the Secretary of State under subsection (g).
Property declared contraband under Section 40 of the Illinois Streetgang Terrorism Omnibus Prevention Act may be seized and forfeited under this Article.
The person must, at his or her own expense, drive only vehicles equipped with an ignition interlock device as defined in Section 1-129.1, but in no event shall such person drive a commercial motor vehicle.
(a-2) Persons who are issued a MDDP and must drive employer-owned vehicles in the course of their employment duties may seek permission from the court to drive an employer-owned vehicle that does not have an ignition interlock device.
The employee shall provide to the court a form, prescribed by the Secretary of State, completed by the employer verifying that the employee must drive an employer-owned vehicle in the course of employment.
If approved by the court, the form must be file stamped and must be in the driver’s possession while operating an employer-owner vehicle not equipped with an ignition interlock device.
No person may use this exemption to drive a school bus, school vehicle, or a vehicle designed to transport more than 15 passengers.
No person may use this exemption to drive an employer-owned motor vehicle that is owned by an entity that is wholly or partially owned by the person holding the MDDP, or by an family member of the person holding the MDDP.
No person may use this exemption to drive an employer-owned vehicle that is made available to the employee for personal use.
No person may drive the exempted SB0607 Enrolled - 128 - LRB095 07293 DRH 27432 b vehicle more than 12 hours per day, 6 days per week.
(b) (Blank).
(c) (Blank).
(c-1) If the person is issued a citation for a violation of Section 6-303 or a violation of Section 11-501 or a similar provision of a local ordinance or a similar out of state offense during the term of the MDDP, the officer issuing the citation, or the law enforcement agency employing that officer, shall confiscate the MDDP and immediately send the MDDP and notice of the citation to the court that ordered the issuance of the MDDP.
Within 10 days of receipt, the issuing court, upon notice to the person, shall conduct a hearing to consider cancellation of the MDDP.
If the court enters an order of cancellation, the court shall forward the order to the Secretary of State, and the Secretary shall cancel the MDDP and notify the person of the cancellation.
If, however, the person is convicted of the offense before the MDDP has been cancelled, the court of venue shall send notice of conviction to the court that ordered issuance of the MDDP.
The court receiving the notice shall immediately enter an order of cancellation and forward the order to the Secretary of State.
The Secretary shall cancel the MDDP JDP and notify the person of the cancellation.
If the person is issued a citation for any other traffic related offense during the term of the MDDP, the officer issuing the citation, or the law enforcement agency employing SB0607 Enrolled - 129 - LRB095 07293 DRH 27432 b that officer, shall send notice of the citation to the court that ordered issuance of the MDDP.
Upon receipt and notice to the person and an opportunity for a hearing, the court shall determine whether the violation constitutes grounds for cancellation of the MDDP.
If the court enters an order of cancellation, the court shall forward the order to the Secretary of State, and the Secretary shall cancel the MDDP and shall notify the person of the cancellation.
(c-5) If the court determines that the person seeking the MDDP is indigent, the court shall provide the person with a written document, in a form prescribed by the Secretary of State, as evidence of that determination, and the person shall provide that written document to an ignition interlock device provider.
The provider shall install an ignition interlock device on that person’s vehicle without charge to the person, and seek reimbursement from the Indigent BAIID Fund.
(d) The Secretary of State shall, upon receiving a court order from the court of venue, issue a MDDP to a person who applies under this Section.
Such court order form shall also contain a notification, which shall be sent to the Secretary of State, providing the name, driver’s license number and legal address of the applicant.
This information shall be available only to the courts, police officers, and the Secretary of State, except during the actual period the MDDP is valid, during which time it shall be a public record.
The Secretary of State shall design and furnish to the courts an official court SB0607 Enrolled - 130 - LRB095 07293 DRH 27432 b order form to be used by the courts when directing the Secretary of State to issue a MDDP.
Any submitted court order that contains insufficient data or fails to comply with this Code shall not be utilized for MDDP issuance or entered to the driver record but shall be returned to the issuing court indicating why the MDDP cannot be so entered.
A notice of this action shall also be sent to the MDDP applicant by the Secretary of State.
(e) (Blank).
(f) (Blank).
(g) The Secretary of State shall adopt rules for implementing this Section.
The rules adopted shall address issues including, but not limited to:
compliance with the requirements of the MDDP;
methods for determining compliance with those requirements;
the consequences of noncompliance with those requirements;
what constitutes a violation of the MDDP;
and the duties of a person or entity that supplies the ignition interlock device.
(h) The rules adopted under subsection (g) shall provide, at a minimum, that the person is not in compliance with the requirements of the MDDP if he or she:
(1) tampers or attempts to tamper with or circumvent the proper operation of the ignition interlock device;
(2) provides valid breath samples that register blood alcohol levels in excess of the number of times allowed under the rules;
SB0607 Enrolled - 131 - LRB095 07293 DRH 27432 b (3) fails to provide evidence sufficient to satisfy the Secretary that the ignition interlock device has been installed in the designated vehicle or vehicles;
or (4) fails to follow any other applicable rules adopted by the Secretary.
(i) Any person or entity that supplies an ignition interlock device as provided under this Section shall, in addition to supplying only those devices which fully comply with all the rules adopted under subsection (g), provide the Secretary, within 7 days of inspection, all monitoring reports of each person who has had an ignition interlock device installed.
These reports shall be furnished in a manner or form as prescribed by the Secretary.
(j) Upon making a determination that a violation of the requirements of the MDDP has occurred, the Secretary shall extend the summary suspension period for an additional 3 months beyond the originally imposed summary suspension period, during which time the person shall only be allowed to drive vehicles equipped with an ignition interlock device;
provided further there are no limitations on the number of times the summary suspension may be extended.
Any person whose summary suspension is extended pursuant to this Section shall have the right to contest the extension through an administrative hearing with the Secretary.
If the summary suspension has already terminated prior to the Secretary receiving the monitoring report that shows a violation, the Secretary shall SB0607 Enrolled - 132 - LRB095 07293 DRH 27432 b be authorized to suspend the person’s driving privileges for 3 months.
The only permit the person shall be eligible for during this new suspension period is a MDDP.
(k) A person who has had his or her summary suspension extended for the third time shall have his or her vehicle impounded for a period of 30 days, at the person’s own expense.
A person who has his or her summary suspension extended for the fourth time shall have his or her vehicle subject to seizure and forfeiture.
The Secretary shall notify the prosecuting authority of any third or fourth extensions.
Upon receipt of the notification, the prosecuting authority shall impound or forfeit the vehicle.
(l) A person whose driving privileges have been suspended under Section 11-501.1 of this Code and who had a MDDP that was cancelled pursuant to subsection (c-1) of this Section, shall not be eligible for reinstatement when the summary suspension is scheduled to terminate, but instead shall be eligible only to apply for a restricted driving permit.
If a restricted driving permit is granted, the offender may only operate vehicles equipped with an ignition interlock device, for a period of not less than twice the original summary suspension period.
(m) Any person or entity that supplies an ignition interlock device under this Section shall, for each ignition interlock device installed, pay 5% of the total gross revenue received for the device into the Indigent BAIID Fund.
This 5% SB0607 Enrolled - 133 - LRB095 07293 DRH 27432 b shall be clearly indicated as a separate surcharge on each invoice that is issued.
The Secretary shall conduct an annual review of the fund to determine whether the surcharge is sufficient to provide for indigent users.
The Secretary may increase of decrease this surcharge requirement as needed.
(n) Any person or entity that supplies an ignition interlock device under this Section that is requested to provide an ignition interlock device to a person who presents written documentation of indigency from the court, as provided in subsection (c-5) of this Section, shall install the device on the person’s vehicle without charge to the person and shall seek reimbursement from the Indigent BAIID Fund.
(o) The Indigent BAIID Fund is created as a special fund in the State treasury.
The Secretary of State shall, subject to appropriation by the General Assembly, use all money in the Indigent BAIID Fund to reimburse ignition interlock device providers who have installed devices in vehicles of indigent persons pursuant to court orders issued under this Section.
The Secretary shall make payments to such providers every 3 months.
If the amount of money in the fund at the time payments are made is not sufficient to pay all requests for reimbursement submitted during that 3 month period, the Secretary shall make payments on a pro-rata basis, and those payments shall be considered payment in full for the requests submitted.
(p) The Monitoring Device Driving Permit Administration Fee Fund is created as a special fund in the State treasury.
SB0607 Enrolled - 134 - LRB095 07293 DRH 27432 b The Secretary of State shall, subject to appropriation by the General Assembly, use the money paid into this fund to offset its administrative costs for administering MDDPs.
93-187, eff.
94-307, eff.
7-11-03;
9-30-05;
94-329, eff.
94-357, eff.
94-1017, eff.
94-930, eff.
7-7-06.) Section 15.
6-26-06;
09500SB0300ham001.) Section 15.
SB0607 Engrossed - 143 - LRB095 07293 DRH 27432 b (730 ILCS 5/5-6-3) (from Ch.
(730 ILCS 5/5-6-3) (from Ch.
Transfer of a person’s probation or conditional discharge supervision to another state is subject to acceptance by the other state pursuant to the Interstate Compact for Adult Offender Supervision;
Transfer of a person’s probation or conditional SB0607 Enrolled - 135 - LRB095 07293 DRH 27432 b discharge supervision to another state is subject to acceptance by the other state pursuant to the Interstate Compact for Adult Offender Supervision;
(6) perform no less than 30 hours of community service and not more than 120 hours of community service, if SB0607 Engrossed - 144 - LRB095 07293 DRH 27432 b community service is available in the jurisdiction and is funded and approved by the county board where the offense was committed, where the offense was related to or in furtherance of the criminal activities of an organized gang and was motivated by the offender’s membership in or allegiance to an organized gang.
(6) perform no less than 30 hours of community service and not more than 120 hours of community service, if community service is available in the jurisdiction and is funded and approved by the county board where the offense was committed, where the offense was related to or in furtherance of the criminal activities of an organized gang and was motivated by the offender’s membership in or allegiance to an organized gang.
(7) if he or she is at least 17 years of age and has been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000 or more inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program approved by the court.
(7) if he or she is at least 17 years of age and has been sentenced to probation or conditional discharge for a misdemeanor or felony in a county of 3,000,000 or more SB0607 Enrolled - 136 - LRB095 07293 DRH 27432 b inhabitants and has not been previously convicted of a misdemeanor or felony, may be required by the sentencing court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program approved by the court.
The person on probation or SB0607 Engrossed - 145 - LRB095 07293 DRH 27432 b conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this clause (7).
The person on probation or conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this clause (7).
(8) if convicted of possession of a substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act or after a sentence of probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act SB0607 Engrossed - 146 - LRB095 07293 DRH 27432 b and upon a finding by the court that the person is addicted, undergo treatment at a substance abuse program approved by the court;
(8) if convicted of possession of a substance prohibited by the Cannabis Control Act, the Illinois SB0607 Enrolled - 137 - LRB095 07293 DRH 27432 b Controlled Substances Act, or the Methamphetamine Control and Community Protection Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act or after a sentence of probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act and upon a finding by the court that the person is addicted, undergo treatment at a substance abuse program approved by the court;
the provisions of this paragraph do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders;
the provisions of this paragraph do not apply to a person convicted of a sex offense who is placed in a Department of SB0607 Enrolled - 138 - LRB095 07293 DRH 27432 b Corrections licensed transitional housing facility for sex offenders;
and (10) if convicted of a sex offense as defined in subsection (a-5) of Section 3-1-2 of this Code, unless the SB0607 Engrossed - 147 - LRB095 07293 DRH 27432 b offender is a parent or guardian of the person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter.
and (10) if convicted of a sex offense as defined in subsection (a-5) of Section 3-1-2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter.
(3) work or pursue a course of study or vocational training;
(3) work or pursue a course of study or vocational SB0607 Enrolled - 139 - LRB095 07293 DRH 27432 b training;
SB0607 Engrossed - 148 - LRB095 07293 DRH 27432 b (ii) attend school;
(ii) attend school;
In addition to any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the offender:
In addition to any other applicable condition of probation or conditional SB0607 Enrolled - 140 - LRB095 07293 DRH 27432 b discharge, the conditions of home confinement shall be that the offender:
(ii) admit any person or agent designated by the court into the offender’s place of confinement at any time for purposes of verifying the offender’s SB0607 Engrossed - 149 - LRB095 07293 DRH 27432 b compliance with the conditions of his confinement;
(ii) admit any person or agent designated by the court into the offender’s place of confinement at any time for purposes of verifying the offender’s compliance with the conditions of his confinement;
The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5-1086.1 of the Counties Code;
The clerk of the circuit court shall pay SB0607 Enrolled - 141 - LRB095 07293 DRH 27432 b all monies collected from this fee to the county treasurer for deposit in the substance abuse services fund under Section 5-1086.1 of the Counties Code;
and (v) for persons convicted of offenses other than those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the SB0607 Engrossed - 150 - LRB095 07293 DRH 27432 b device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be.
and (v) for persons convicted of offenses other than those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be.
(11) comply with the terms and conditions of an order of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, or an order of protection issued by the court of another state, tribe, or United States territory.
(11) comply with the terms and conditions of an order of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, or an order of protection issued by the court of another SB0607 Enrolled - 142 - LRB095 07293 DRH 27432 b state, tribe, or United States territory.
(12) reimburse any "local anti-crime program" as defined in Section 7 of the Anti-Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender’s case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was SB0607 Engrossed - 151 - LRB095 07293 DRH 27432 b sentenced;
(12) reimburse any "local anti-crime program" as defined in Section 7 of the Anti-Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender’s case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced;
(16) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug.
SB0607 Enrolled - 143 - LRB095 07293 DRH 27432 b (16) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug.
(c) The court may as a condition of probation or of SB0607 Engrossed - 152 - LRB095 07293 DRH 27432 b conditional discharge require that a person under 18 years of age found guilty of any alcohol, cannabis or controlled substance violation, refrain from acquiring a driver’s license during the period of probation or conditional discharge.
(c) The court may as a condition of probation or of conditional discharge require that a person under 18 years of age found guilty of any alcohol, cannabis or controlled substance violation, refrain from acquiring a driver’s license during the period of probation or conditional discharge.
This 6 month limit shall not include periods of confinement given pursuant to a sentence of county impact incarceration under Section 5-8-1.2.
This 6 month limit shall not include SB0607 Enrolled - 144 - LRB095 07293 DRH 27432 b periods of confinement given pursuant to a sentence of county impact incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of probation or conditional discharge shall not be committed to SB0607 Engrossed - 153 - LRB095 07293 DRH 27432 b the Department of Corrections.
Persons committed to imprisonment as a condition of probation or conditional discharge shall not be committed to the Department of Corrections.
The county board with the concurrence of the Chief Judge of the judicial circuit in which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing, or both, and all costs incidental to approved electronic monitoring, involved in a successful probation program for the county.
The county board with the concurrence of the Chief Judge of the judicial circuit in which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing, or both, and all costs incidental to approved electronic monitoring, involved SB0607 Enrolled - 145 - LRB095 07293 DRH 27432 b in a successful probation program for the county.
The county treasurer shall deposit the fees collected in the county SB0607 Engrossed - 154 - LRB095 07293 DRH 27432 b working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code, as the case may be.
The county treasurer shall deposit the fees collected in the county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code, as the case may be.
(i) The court shall impose upon an offender sentenced to probation after January 1, 1989 or to conditional discharge after January 1, 1992 or to community service under the supervision of a probation or court services department after January 1, 2004, as a condition of such probation or conditional discharge or supervised community service, a fee of $50 for each month of probation or conditional discharge supervision or supervised community service ordered by the court, unless after determining the inability of the person sentenced to probation or conditional discharge or supervised community service to pay the fee, the court assesses a lesser fee.
(i) The court shall impose upon an offender sentenced to probation after January 1, 1989 or to conditional discharge after January 1, 1992 or to community service under the supervision of a probation or court services department after January 1, 2004, as a condition of such probation or conditional discharge or supervised community service, a fee of $50 for each month of probation or conditional discharge supervision or supervised community service ordered by the court, unless after determining the inability of the person sentenced to probation or conditional discharge or supervised SB0607 Enrolled - 146 - LRB095 07293 DRH 27432 b community service to pay the fee, the court assesses a lesser fee.
The clerk of the circuit court shall pay all monies collected from this fee to the county SB0607 Engrossed - 155 - LRB095 07293 DRH 27432 b treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act.
The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act.
This deletion is intended to control over any other Act of the 93rd General Assembly that retains or incorporates that fee increase.
This deletion is intended to SB0607 Enrolled - 147 - LRB095 07293 DRH 27432 b control over any other Act of the 93rd General Assembly that retains or incorporates that fee increase.
(i-5) In addition to the fees imposed under subsection (i) of this Section, in the case of an offender convicted of a felony sex offense (as defined in the Sex Offender Management Board Act) or an offense that the court or probation department has determined to be sexually motivated (as defined in the Sex Offender Management Board Act), the court or the probation SB0607 Engrossed - 156 - LRB095 07293 DRH 27432 b department shall assess additional fees to pay for all costs of treatment, assessment, evaluation for risk and treatment, and monitoring the offender, based on that offender’s ability to pay those costs either as they occur or under a payment plan.
(i-5) In addition to the fees imposed under subsection (i) of this Section, in the case of an offender convicted of a felony sex offense (as defined in the Sex Offender Management Board Act) or an offense that the court or probation department has determined to be sexually motivated (as defined in the Sex Offender Management Board Act), the court or the probation department shall assess additional fees to pay for all costs of treatment, assessment, evaluation for risk and treatment, and monitoring the offender, based on that offender’s ability to pay those costs either as they occur or under a payment plan.
(k) Any offender who is sentenced to probation or conditional discharge for a felony sex offense as defined in the Sex Offender Management Board Act or any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.
(k) Any offender who is sentenced to probation or conditional discharge for a felony sex offense as defined in the Sex Offender Management Board Act or any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall SB0607 Enrolled - 148 - LRB095 07293 DRH 27432 b be available for all evaluations and treatment programs required by the court or the probation department.
SB0607 Engrossed - 157 - LRB095 07293 DRH 27432 b (a) A sentence of imprisonment shall commence on the date on which the offender is received by the Department or the institution at which the sentence is to be served.
(a) A sentence of imprisonment shall commence on the date on which the offender is received by the Department or the institution at which the sentence is to be served.
(c) An offender arrested on one charge and prosecuted on another charge for conduct which occurred prior to his arrest shall be given credit on the determinate sentence or maximum term and the minimum term of imprisonment for time spent in custody under the former charge not credited against another sentence.
(c) An offender arrested on one charge and prosecuted on another charge for conduct which occurred prior to his arrest shall be given credit on the determinate sentence or maximum term and the minimum term of imprisonment for time spent in custody under the former charge not credited against another SB0607 Enrolled - 149 - LRB095 07293 DRH 27432 b sentence.
(d) An offender sentenced to a term of imprisonment for an offense listed in paragraph (2) of subsection (c) of Section 5-5-3 of this Code , or for an offense listed in subdivision (d)(2)(c) in paragraph (3) of subsection (c-1) of Section 11-501 of the Illinois Vehicle Code that was committed while the offender’s driving privileges were revoked or suspended as provided in subdivision (d)(1)(G) of that Section, shall not SB0607 Engrossed - 158 - LRB095 07293 DRH 27432 b receive credit for time spent in home detention prior to judgment.
(d) An offender sentenced to a term of imprisonment for an offense listed in paragraph (2) of subsection (c) of Section 5-5-3 of this Code, or for an offense listed in subdivision (d)(2)(c) in paragraph (3) of subsection (c-1) of Section 11-501 of the Illinois Vehicle Code that was committed while the offender’s driving privileges were revoked or suspended as provided in subdivision (d)(1)(G) of that Section, shall not receive credit for time spent in home detention prior to judgment.
1-1-05.) SB0607 Engrossed - 159 - LRB095 07293 DRH 27432 b INDEX Statutes amended in order of appearance 625 ILCS 5/6-101 from Ch.
1-1-05.) Section 99.
95 1/2, par.
Effective date.
6-101 625 ILCS 5/6-206.2 625 ILCS 5/6-303 from Ch.
Section 10 of this Act takes effect on January 1, 2009.
95 1/2, par.
6-303 625 ILCS 5/11-501 from Ch.
95 1/2, par.
11-501 625 ILCS 5/11-501.01 new 625 ILCS 5/Chapter 16A heading new 625 ILCS 5/16A-1 new 625 ILCS 5/16A-5 new 625 ILCS 5/16A-10 new 625 ILCS 5/16A-15 new 625 ILCS 5/16A-20 new 625 ILCS 5/16A-25 new 625 ILCS 5/16A-30 new 625 ILCS 5/16A-35 new 625 ILCS 5/16A-40 new 625 ILCS 5/16A-45 new 625 ILCS 5/16A-50 new 720 ILCS 5/36-1 from Ch.
38, par.
36-1 730 ILCS 5/5-6-3 from Ch.
38, par.
1005-6-3 730 ILCS 5/5-8-7 from Ch.
38, par.
1005-8-7
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Action History

  1. Public Act . . . . . . . . . 95-0578

  2. Effective Date January 1, 2009; Some Parts

  3. Effective Date June 1, 2008; Generally Effective

  4. Governor Approved

  5. Sent to the Governor

  6. Passed Both Houses

  7. House Floor Amendment No. 3 Senate Concurs 053-000-000

  8. House Committee Amendment No. 2 Senate Concurs 053-000-000

  9. House Committee Amendment No. 1 Senate Concurs 053-000-000

  10. House Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Judiciary Criminal Law; 010-000-000

  11. House Committee Amendment No. 2 Motion To Concur Recommended Do Adopt Judiciary Criminal Law; 010-000-000

  12. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary Criminal Law; 010-000-000

  13. House Floor Amendment No. 3 Motion to Concur Rules Referred to Judiciary Criminal Law

  14. House Committee Amendment No. 2 Motion to Concur Rules Referred to Judiciary Criminal Law

  15. House Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary Criminal Law

  16. House Floor Amendment No. 3 Motion to Concur Referred to Rules

  17. House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. John J. Cullerton

  18. House Committee Amendment No. 2 Motion to Concur Referred to Rules

  19. House Committee Amendment No. 2 Motion to Concur Filed with Secretary Sen. John J. Cullerton

  20. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  21. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. John J. Cullerton

  22. Placed on Calendar Order of Concurrence House Amendment(s) 01,02,03 - June 1, 2007

  23. Secretary's Desk - Concurrence House Amendment(s) 01,02,03

  24. Third Reading - Short Debate - Passed 115-000-000

  25. Added Alternate Chief Co-Sponsor Rep. Cynthia Soto

  26. Added Alternate Chief Co-Sponsor Rep. Elizabeth Hernandez

  27. Added Alternate Chief Co-Sponsor Rep. Edward J. Acevedo

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

  29. House Floor Amendment No. 3 Adopted by Voice Vote

  30. Second Reading - Short Debate

  31. House Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000

  32. House Floor Amendment No. 3 Referred to Rules Committee

  33. House Floor Amendment No. 3 Filed with Clerk by Rep. Chapin Rose

  34. Placed on Calendar 2nd Reading - Short Debate

  35. Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 011-000-000

  36. House Committee Amendment No. 2 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote

  37. House Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote

  38. House Committee Amendment No. 2 Filed with Clerk by Judiciary II - Criminal Law Committee

  39. House Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee

  40. Committee Deadline Extended-Rule 9(b) May 25, 2007

  41. Assigned to Judiciary II - Criminal Law Committee

  42. Referred to Rules Committee

  43. First Reading

  44. Chief House Sponsor Rep. Chapin Rose

  45. Placed on Calendar Order of First Reading

  46. Arrived in House

  47. Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  48. Third Reading - Passed; 056-000-000

  49. Added as Co-Sponsor Sen. Martin A. Sandoval

  50. Placed on Calendar Order of 3rd Reading

  51. Senate Floor Amendment No. 2 Adopted; Cullerton

  52. Recalled to Second Reading

  53. Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary Criminal Law; 006-000-000

  54. Senate Floor Amendment No. 1 Postponed - Judiciary Criminal Law

  55. Senate Floor Amendment No. 2 Rules Refers to Judiciary Criminal Law

  56. Senate Floor Amendment No. 1 Rules Refers to Judiciary Criminal Law

  57. Senate Floor Amendment No. 2 Referred to Rules

  58. Senate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton

  59. Senate Floor Amendment No. 1 Referred to Rules

  60. Senate Floor Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton

  61. Rule 2-10 Third Reading Deadline Established As May 31, 2007

  62. Placed on Calendar Order of 3rd Reading March 21, 2007

  63. Second Reading

  64. Placed on Calendar Order of 2nd Reading March 15, 2007

  65. Do Pass Judiciary Criminal Law; 006-000-000

  66. Assigned to Judiciary Criminal Law

  67. Added as Chief Co-Sponsor Sen. Ira I. Silverstein

  68. Referred to Rules

  69. First Reading

  70. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • John J. Cullerton · Cosponsor

Sponsorship breakdown

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

Sponsors (0)

None.

Co-sponsors (1)

  • John J. Cullerton

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

Concurrence, Amendment 3

Passed 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 43006
Democrat 9000
Republican 1000
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Haine — Yea
Halvorson — Yea
Link — Yea
Luechtefeld — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Lauzen — Not Voting
Brady — Yea
Meeks — Not Voting
Sullivan — Yea
Millner — Yea
Noland — Yea
Pankau — Not Voting
Cullerton — Yea
Jacobs — Yea
Radogno — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Schoenberg — Yea
Munoz — Not Voting
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Not Voting
Hendon — Yea
Hultgren — Yea
Kotowski — Yea
Peterson — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Sieben — Yea
Silverstein — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Not Voting
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Concurrence

Passed 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 43006
Democrat 9000
Republican 1000
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Link — Yea
Luechtefeld — Yea
Millner — Yea
Noland — Yea
Schoenberg — Yea
Sieben — Yea
Silverstein — Yea
Trotter — Yea
Brady — Yea
Viverito — Yea
Sullivan — Yea
Cullerton — Yea
Jacobs — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Hendon — Yea
Hultgren — Yea
Watson — Yea
Jones, J. — Yea
Kotowski — Yea
Demuzio — Yea
Munoz — Not Voting
Lauzen — Not Voting
Meeks — Not Voting
Peterson — Yea
Radogno — Yea
Wilhelmi — Yea
DeLeo — Yea
Pankau — Not Voting
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Not Voting
Dillard — Not Voting
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
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

Passed 115 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 102003
Republican 4000
Democrat 9000
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Graham — Not Voting
Myers — Yea
Jefferies — Yea
Jakobsson — Yea
Jefferson — Yea
Krause — Yea
Lang — Yea
Dugan — Yea
Leitch — Yea
Mathias — Yea
Reitz — Yea
McAuliffe — Yea
McCarthy — Yea
Lyons — Yea
Mendoza — Yea
Meyer — Yea
Moffitt — Yea
Mulligan — Yea
Munson — Yea
Nekritz — Yea
Riley — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Burke — Yea
Sullivan — Yea
Hannig — Yea
Harris — Yea
Coladipietro — Yea
Cole — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Granberg — Yea
Hamos — Yea
Hassert — Yea
Madigan — Yea
Watson — Yea
Howard — Yea
Davis, Monique — Yea
Osterman — Yea
Phelps — Yea
Hernandez — Not Voting
Pihos — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Dunkin — Not Voting
Holbrook — Yea
Kosel — Yea
Osmond — Yea
Patterson — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Scully — Yea
Schock — Yea
Sommer — Yea
Soto — Yea
Lindner — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Molaro — 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 Yea
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 →

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 46003
Democrat 9000
Republican 1000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Haine — Yea
Halvorson — Yea
Noland — Yea
Link — Yea
Meeks — Yea
Millner — Yea
Schoenberg — Yea
Sieben — Yea
Brady — Yea
Sullivan — Yea
Munoz — Yea
Forby — Yea
Frerichs — Yea
Hendon — Yea
Lauzen — Yea
Cullerton — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Pankau — Yea
Radogno — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Not Voting
Crotty — Yea
Dahl — Not Voting
Dillard — Yea
Hultgren — Yea
Kotowski — Yea
Peterson — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Silverstein — Yea
Luechtefeld — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Cronin — Not Voting
DeLeo — Yea
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does SB 607 do?
Amends the Illinois Vehicle Code and the Criminal Code of 1961. Transfers from the Criminal Code of 1961 to the Illinois Vehicle Code provisions for seizure and forfeiture of the vehicles of certain persons driving without a valid driver's license or permit or without liability insurance or who have committed specified violations while driving under the influence of alcohol, drugs, or intoxicating compounds. Establishes procedure for the forfeiture, including the right to a hearing for persons with a claim to the vehicle. Combines changes made by several Public Acts regarding driving under the influence with various changes concerning organization of the provisions, elements of offenses, penalties, and other matters. Makes corresponding changes in the Unified Code of Corrections.
Who sponsors SB 607?
SB 607 is sponsored by John J. Cullerton.
What is the current status of SB 607?
This bill has been enacted into law. Introduced February 08, 2007. Enacted.
Where can I track SB 607?
Track SB 607 free on One Click Politics — get push/email alerts when it moves.

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