Public Act 095-0578
 		





SB0607 Enrolled
LRB095 07293 DRH 27432 b






    AN ACT concerning transportation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. 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:
 



    (625 ILCS 5/6-101)  (from Ch. 95 1/2, par. 6-101)


    Sec. 6-101. Drivers must have licenses or permits. 

    (a) No person, except those expressly exempted by Section 
6-102, shall
drive any motor vehicle upon a highway in this 
State unless such person has
a valid license or permit, or a 
restricted driving permit, issued under the
provisions of this 
Act.

    (b) No person shall drive a motor vehicle unless he holds a 
valid
license or permit, or a restricted driving permit issued 
under the
provisions of Section 6-205, 6-206, or 6-113 of this 
Act. Any person to
whom a license is issued under the 
provisions of this Act must surrender to
the Secretary of State 
all valid licenses or permits. 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.

    (c) Any person licensed as a driver hereunder shall not be 
required by
any city, village, incorporated town or other 
municipal corporation to
obtain any other license to exercise 
the privilege thereby granted.

    (d) In addition to other penalties imposed under this 
Section, any person
in violation of this Section who is also in 
violation of Section 7-601 of this
Code relating to mandatory 
insurance requirements shall have his or her motor
vehicle 
immediately impounded by the arresting law enforcement 
officer.  The
motor vehicle may be released to any licensed 
driver upon a showing of proof of
insurance for the motor 
vehicle that was impounded and the notarized written
consent 
for the release by the vehicle owner.

    (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.  A type A injury 
shall
include severely bleeding wounds, distorted extremities, 
and injuries that
require the injured party to be carried from 
the scene.

(Source: P.A. 93-187, eff. 7-11-03; 93-895, eff. 1-1-05; 
94-993, eff. 1-1-07.)

 



    (625 ILCS 5/6-206.2)



    Sec. 6-206.2. Violations relating to an ignition interlock 
device. 

    (a) It is unlawful for any person whose driving privilege 
is restricted
by being prohibited from operating a motor 
vehicle not equipped with an
ignition interlock device to 
request or solicit any other person to blow into
an ignition 
interlock device or to start a motor vehicle equipped with the

device for the purpose of providing the person so restricted 
with an operable
motor vehicle.

    (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.

    (d) Except as provided in subsection (c)(17) of Section 
5-6-3.1 of the
Unified Code of Corrections or by rule, no 
person shall knowingly rent, lease,
or lend a motor vehicle to 
a person known to have his or her driving privilege
restricted 
by being prohibited from operating a vehicle not equipped with 
an
ignition interlock device, unless the vehicle is equipped 
with a functioning
ignition interlock device.  Any person whose 
driving privilege is so restricted
shall notify any person 
intending to rent, lease, or loan a motor vehicle to
the 
restricted person of the driving restriction imposed upon him 
or her.

    A person convicted of a violation of this subsection shall 
be punished by
imprisonment for not more than 6 months or by a 
fine of not more than $5,000,
or both.

    (e) If a person prohibited under Section 11-501.01

paragraph (2) or paragraph (3) of
subsection (c-4) of Section 
11-501
from driving any vehicle not equipped with an ignition 
interlock device
nevertheless is convicted of driving a vehicle 
that is not equipped with the
device,
that person is prohibited 
from driving any vehicle not equipped with an
ignition 
interlock device for an additional period of time equal to the 
initial
time period that the person was required to use an 
ignition interlock device.

(Source: P.A. 91-127, eff. 1-1-00; 92-418, eff. 8-17-01.)

 



    (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)


    Sec. 6-303. Driving while driver's license, permit or 
privilege to
operate a motor vehicle is suspended or revoked. 

    (a) Any person who drives or is in actual physical control 
of a motor
vehicle on any highway of this State at a time when 
such person's driver's
license, permit or privilege to do so or 
the privilege to obtain a driver's
license or permit is revoked 
or suspended as provided by this Code or the law
of another 
state, except as may be specifically allowed by a judicial 
driving
permit, family financial responsibility driving 
permit, probationary
license to drive, or a restricted driving 
permit issued pursuant to this Code
or under the law of another 
state, shall be guilty of a Class A misdemeanor.

    (b) The Secretary of State upon receiving a report of the 
conviction
of any violation indicating a person was operating a 
motor vehicle during
the time when said person's driver's 
license, permit or privilege was
suspended by the Secretary, by 
the appropriate authority of another state,
or pursuant to 
Section 11-501.1; except as may
be specifically allowed by a 
probationary license to drive, judicial
driving permit or 
restricted driving permit issued pursuant to this Code or
the 
law of another state;
shall extend the suspension 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

suspension; and if the conviction was upon a charge which 
indicated that a
vehicle was operated during the time when the 
person's driver's license,
permit or privilege was revoked; 
except as may be allowed by a restricted
driving permit issued 
pursuant to this Code or the law of another state;
the 
Secretary shall not issue
a driver's license for an additional 
period of one year from the date of
such conviction indicating 
such person was operating a vehicle during such
period of 
revocation.

    (c) Any person convicted of violating this Section shall 
serve a minimum
term of imprisonment of 10 consecutive days or 
30
days of community service
when the person's driving 
privilege was revoked or suspended as a result of:


        (1) a violation of Section 11-501 of this Code or a 
    similar provision
of a local ordinance relating to the 
    offense of operating or being in physical
control of a 
    vehicle while under the influence of alcohol, any other 
    drug
or any combination thereof; or


        (2) a violation of paragraph (b) of Section 11-401 of 
    this Code or a
similar provision of a local ordinance 
    relating to the offense of leaving the
scene of a motor 
    vehicle accident involving personal injury or death; 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.

    Such sentence of imprisonment or community service shall 
not be subject
to suspension in order to reduce such sentence.

    (c-1) Except as provided in subsection (d), any person 
convicted of a
second violation of this Section shall be 
ordered by the court to serve a
minimum
of 100 hours of 
community service.

    (c-2) In addition to other penalties imposed under this 
Section, the
court may impose on any person convicted a fourth 
time of violating this
Section any of
the following:


        (1) Seizure of the license plates of the person's 
    vehicle.


        (2) Immobilization of the person's vehicle for a period 
    of time
to be determined by the court.

    (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-2) Any person convicted of a third violation of this

Section is guilty of a Class 4 felony and must serve a minimum 
term of
imprisonment of 30 days 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-3) Any person convicted of a fourth, fifth, sixth, 
seventh, eighth, or ninth violation of this
Section is guilty 
of a Class 4 felony and must serve a minimum term of

imprisonment of 180 days 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 
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-5) Any person convicted of a fifteenth or subsequent 
violation of this Section is guilty of a Class 2 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.

    (e) Any person in violation of this Section who is also in 
violation of
Section 7-601 of this Code relating to mandatory 
insurance requirements, in
addition to other penalties imposed 
under this Section, shall have his or her
motor vehicle 
immediately impounded by the arresting law enforcement 
officer.
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.

    (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.

(Source: P.A. 94-112, eff. 1-1-06.)

 
    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
    Sec. 11-501.  Driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof.

    (a) A person shall not drive or be in actual physical 
control of any vehicle within this State while:
        (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;
        (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;
        (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.

    (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.
    (c) Penalties.
        (1) Except as otherwise provided in this Section, any 
    person convicted of violating subsection (a) of this 
    Section is guilty of a Class A misdemeanor.
        (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.
        (4) A person who violates subsection (a) a first time, 
    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.
        (5) A person who violates subsection (a) a second time, 
    if at the time of the second 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, 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.
    (d) Aggravated driving under the influence of alcohol, 
other drug or drugs, or intoxicating compound or compounds, or 
any combination thereof.

        (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;
            (B) the person committed a violation of subsection 
        (a) while driving a school bus with persons 18 years of 
        age or younger on board;
            (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);
            (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;
            (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;
            (G) the person committed a violation of subsection 
        (a) during a period in which the defendant's 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;
            (H) the person committed the violation while he or 
        she did not possess a driver's license or permit or a 
        restricted driving permit or a judicial driving 
        permit;
            (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; or
            (K) the person in committing a second violation of 
        subsection (a) or a similar provision was transporting 
        a person under the age of 16.
        (2)(A) Except as provided otherwise, 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.
        (B) A third violation of this Section or a similar 
    provision is a Class 2 felony.  If at the time of the third 
    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, a 
    mandatory minimum of 90 days of imprisonment and a 
    mandatory minimum fine of $2,500 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 
    other criminal or administrative sanction.
        (C) A fourth violation of this Section or a similar 
    provision is a Class 2 felony, for which a sentence of 
    probation or conditional discharge may not be imposed. 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 fourth 
    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.
        (D) A fifth violation of this Section or a similar 
    provision is a Class 1 felony, for which a sentence of 
    probation or conditional discharge may not be imposed.  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.
        (E) A sixth or subsequent violation of this Section or 
    similar provision is a Class X felony. 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 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.
        (F) 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.
        (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; or (ii) 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.
        (H)  For a violation of subparagraph (J) of paragraph 
    (1) of this subsection (d), a mandatory fine of $2,500, and 
    25 days of community service in a program benefiting 
    children shall be imposed in addition to any other criminal 
    or administrative sanction.
        (I) A violation of subparagraph (K) of paragraph (1) of 
    this subsection (d), is a Class 2 felony and a mandatory 
    fine of $2,500, and 25 days of community service in a 
    program benefiting children shall be imposed in addition to 
    any other criminal or administrative sanction.  If the child 
    being transported suffered bodily harm, but not great 
    bodily harm, in a motor vehicle accident, and the violation 
    was the proximate cause of that injury, a mandatory fine of 
    $5,000 and 25 days of community service in a program 
    benefiting children shall be imposed 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.
    (f) The imposition of a mandatory term of imprisonment or 
assignment of community service for a violation of this Section 
shall not be suspended or reduced by the court.
    (g) 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).
    (h) 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.

    (Text of Section from P.A. 93-1093 and 94-963)
    Sec. 11-501. Driving while under the influence of alcohol, 
other drug or
drugs, intoxicating compound or compounds or any 
combination thereof.

    (a) A person shall not drive or be in actual
physical 
control of any vehicle within this State while:


        (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;


        (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;


        (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.


    (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:

        (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 
    (a) of this Section.

        (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).

    (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-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.


    (c) (Blank).


    (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.


        (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; 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.

        (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.


        (3) A person who violates subsection (a) a fourth or

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


    (c-2) (Blank).


    (c-3) (Blank).


    (c-4) (Blank).

    (c-5)(1) 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 days of
imprisonment. 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.

        (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.
The imprisonment or assignment of 
    community service under this subdivision (c-5)(2)

is not 
    subject to suspension, nor is the person eligible for a 
    reduced
sentence.

        (3) Except as provided in subdivision (c-5)(4), any 
    person convicted of
violating subdivision (c-5)(2) 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. The imprisonment or 
    assignment of community service under this subdivision 
    (c-5)(3) is not subject to suspension, nor is the person

    eligible for a reduced sentence.

        (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

    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 subdivision (c-5)(4)

is not subject to 
    suspension, nor
is the
person eligible for a reduced 
    sentence.

        (5) 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 children, and a 
    mandatory minimum 30 days of imprisonment.
The 
    imprisonment or assignment of community service under this 
    subdivision (c-5)(5)

is not subject to suspension, nor is 
    the person eligible for a reduced
sentence.

        (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 
    of
$3,000, and a mandatory minimum 120 days of 
    imprisonment. The imprisonment or
assignment of community 
    service under this subdivision (c-5)(6) is not subject to

    suspension, nor is the person eligible for a reduced 
    sentence.

        (7) 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-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.

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

        (4) Any person convicted of a fourth or subsequent 
    violation of
subsection
(a) or a similar provision, if at 
    the time of the fourth or subsequent
violation the alcohol 
    concentration in his or her blood, breath, or urine was

    0.16 or more based on the definition of blood, breath, or 
    urine units in
Section 11-501.2, and if the person's 3 
    prior violations of subsection (a) or a
similar provision 
    occurred while transporting a person under the age of 16 or

    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:


            (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;


            (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);


            (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.


        (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.
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: (A) 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; 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.
For 
    any prosecution under this subsection
(d), a certified copy 
    of the
driving abstract of the defendant shall be admitted 
    as proof of any prior
conviction.
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.


    (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.  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.
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.


    (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.


    (h) (Blank).


    (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.  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: 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.  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.  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; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; 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.
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; 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. 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; and police 
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 
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. 
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.  Programs providing treatment must be 
licensed
under existing applicable alcoholism and drug 
treatment licensure standards.

    (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. The restitution may not exceed $1,000 per
public 
agency for each 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.


(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
93-840, eff. 7-30-04; 93-1093, eff. 3-29-05; 94-963, eff. 
6-28-06.)

 
    (Text of Section from P.A. 94-110 and 94-963)
    Sec. 11-501. Driving while under the influence of alcohol, 
other drug or
drugs, intoxicating compound or compounds or any 
combination thereof.

    (a) A person shall not drive or be in actual
physical 
control of any vehicle within this State while:


        (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;


        (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;


        (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.


    (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:

        (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 
    (a) of this Section.

        (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).

    (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-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.


    (c) (Blank).


    (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.


        (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; 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.

        (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.


        (3) A person who violates subsection (a) a fourth or

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


    (c-2) (Blank).


    (c-3) (Blank).


    (c-4) (Blank).

    (c-5) Except as provided in subsection (c-5.1), a person 21 
years of age or older 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 6 months of imprisonment, 
an
additional mandatory minimum fine of $1,000, and 25 days of 
community service in a program benefiting children. The 
imprisonment or assignment of community service under this

subsection (c-5) is not subject to suspension, nor is the 
person eligible for
a reduced sentence.

    (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.

    (c-6) Except as provided in subsections (c-7) and (c-7.1), 
a person 21 years of age or older who
violates
subsection (a) a 
second time, if at the time of
the second violation the person 
was transporting a person under the age of 16,
is subject to 6 
months of imprisonment, an additional mandatory
minimum fine of 
$1,000, and an additional mandatory minimum 140 hours of

community service, which shall include 40 hours of community 
service in a
program benefiting children.
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-7.1), any person 
21 years of age or older convicted of
violating subsection 
(c-6) or a similar
provision within 10 years of a previous 
violation of subsection (a) or a
similar provision is guilty of 
a Class 4 felony and, in addition to any other penalty imposed, 
is subject to one year of

imprisonment, 25 days of mandatory

community service in a program benefiting children, and a 
mandatory
fine of $2,500. 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. The imprisonment or assignment to 
community service under this
subsection
(c-7.1) shall not be 
subject to suspension, nor shall the person be eligible for

probation in order
to reduce the sentence or assignment.

    (c-8) (Blank).

    (c-9)  Any person 21 years of age or older 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 is 
subject to 18 months of imprisonment, a mandatory fine of 
$2,500, and 25 days  of community service in a
program 
benefiting children.
The imprisonment or assignment of 
community service under this subsection (c-9)
is not subject to 
suspension, nor is the person eligible for a reduced
sentence.

    (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 
benefiting children, and a mandatory fine of
$25,000. The 
imprisonment or
assignment of community service under this 
subsection (c-10) is not subject to
suspension, nor is the 
person eligible for a reduced sentence.

    (c-11) Any person 21 years of age or older convicted a 
fourth or subsequent time for violating
subsection (a) or a 
similar provision, if at the time of the fourth or
subsequent 
violation the person was transporting a person under the age of 
16,
and if the person's 3 prior violations of subsection (a) or 
a similar provision
occurred while transporting a person under 
the age of 16 or while the alcohol
concentration in his or her 
blood, breath, or urine was 0.16 or more based
on the 
definition of blood, breath, or urine units in Section 
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
probation or conditional
discharge, and is subject to a minimum 
fine of $25,000.

    (c-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-14) Any person convicted of a third violation of 
subsection (a) or a
similar provision within 20 years of a 
previous violation of subsection (a) or
a
similar provision, if 
at the time of the third violation of subsection (a) or a

similar provision the alcohol concentration in his or her 
blood, breath, or
urine was 0.16 or more based on the 
definition of blood, breath, or urine units
in Section 
11-501.2, is guilty of a Class 4 felony and shall be subject, 
in
addition to any other penalty that may be imposed, to a 
mandatory minimum of
90 days of imprisonment and a mandatory 
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:


            (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;


            (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);


            (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.


        (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.
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: (A) 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; 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.
For 
    any prosecution under this subsection
(d), a certified copy 
    of the
driving abstract of the defendant shall be admitted 
    as proof of any prior
conviction.
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.


    (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.  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.
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.


    (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.


    (h) (Blank).


    (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.  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: 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.  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.  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; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; 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.
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; 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. 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; and police 
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 
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. 
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.  Programs providing treatment must be 
licensed
under existing applicable alcoholism and drug 
treatment licensure standards.

    (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. The restitution may not exceed $1,000 per
public 
agency for each 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.


(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
93-840, eff. 7-30-04; 94-110, eff. 1-1-06; 94-963, eff. 
6-28-06.)

 
    (Text of Section from P.A. 94-113, 94-609, and 94-963)
    Sec. 11-501. Driving while under the influence of alcohol, 
other drug or
drugs, intoxicating compound or compounds or any 
combination thereof.

    (a) A person shall not drive or be in actual
physical 
control of any vehicle within this State while:


        (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;


        (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;


        (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.


    (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:

        (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 
    (a) of this Section.

        (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).

    (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-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.


    (c) (Blank).


    (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.


        (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; 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.

        (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.


        (3) A person who violates subsection (a) a fourth or

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


    (c-2) (Blank).


    (c-3) (Blank).


    (c-4) (Blank).

    (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 
days of
imprisonment. The imprisonment or assignment of 
community service under this
subsection (c-5) is not subject to 
suspension, nor is the person eligible for
a reduced sentence.

    (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.

    (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. 
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. 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.

    (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 
children, and a mandatory minimum 30 days of imprisonment.
The 
imprisonment or assignment of community service under this 
subsection (c-9)
is not subject to suspension, nor is the 
person eligible for a reduced
sentence.

    (c-10) Any person convicted of violating subsection (c-9) 
or a similar
provision a third time within 20 years of a 
previous violation of subsection
(a) or a
similar provision is 
guilty of a Class 4 felony and shall receive, in addition
to 
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. The imprisonment or
assignment of 
community service under this subsection (c-10) is not subject 
to
suspension, nor is the person eligible for a reduced 
sentence.

    (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.

    (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-14) Any person convicted of a third violation of 
subsection (a) or a
similar provision within 20 years of a 
previous violation of subsection (a) or
a
similar provision, if 
at the time of the third violation of subsection (a) or a

similar provision the alcohol concentration in his or her 
blood, breath, or
urine was 0.16 or more based on the 
definition of blood, breath, or urine units
in Section 
11-501.2, is guilty of a Class 4 felony and shall be subject, 
in
addition to any other penalty that may be imposed, to a 
mandatory minimum of
90 days of imprisonment and a mandatory 
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:


            (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;


            (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);


            (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.


        (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.
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, unless the court determines that extraordinary 
    circumstances exist and require probation, shall be 
    sentenced to: (A) 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; 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.
For 
    any prosecution under this subsection
(d), a certified copy 
    of the
driving abstract of the defendant shall be admitted 
    as proof of any prior
conviction.
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.


    (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.  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.
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.


    (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.


    (h) (Blank).


    (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.  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: 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.  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.  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; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; 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.
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; 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. 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; and police 
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 
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. 
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.  Programs providing treatment must be 
licensed
under existing applicable alcoholism and drug 
treatment licensure standards.

    (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. The restitution may not exceed $1,000 per
public 
agency for each 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.


(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
93-840, eff. 7-30-04; 94-113, eff. 1-1-06; 94-609, eff. 1-1-06; 
94-963, eff. 6-28-06.)

 
    (Text of Section from P.A. 94-114 and 94-963)
    Sec. 11-501. Driving while under the influence of alcohol, 
other drug or
drugs, intoxicating compound or compounds or any 
combination thereof.

    (a) A person shall not drive or be in actual
physical 
control of any vehicle within this State while:


        (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;


        (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;


        (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.


    (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:

        (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 
    (a) of this Section.

        (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).

    (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-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.


    (c) (Blank).


    (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.


        (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; 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.

        (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.


        (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

    (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-2) (Blank).


    (c-3) (Blank).


    (c-4) (Blank).

    (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 
days of
imprisonment. The imprisonment or assignment of 
community service under this
subsection (c-5) is not subject to 
suspension, nor is the person eligible for
a reduced sentence.

    (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.

    (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. 
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. 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.

    (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 
children, and a mandatory minimum 30 days of imprisonment.
The 
imprisonment or assignment of community service under this 
subsection (c-9)
is not subject to suspension, nor is the 
person eligible for a reduced
sentence.

    (c-10) Any person convicted of violating subsection (c-9) 
or a similar
provision a third time within 20 years of a 
previous violation of subsection
(a) or a
similar provision is 
guilty of a Class 4 felony and shall receive, in addition
to 
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. The imprisonment or
assignment of 
community service under this subsection (c-10) is not subject 
to
suspension, nor is the person eligible for a reduced 
sentence.

    (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 
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.

    (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-14) Any person convicted of a third violation of 
subsection (a) or a
similar provision within 20 years of a 
previous violation of subsection (a) or
a
similar provision, if 
at the time of the third violation of subsection (a) or a

similar provision the alcohol concentration in his or her 
blood, breath, or
urine was 0.16 or more based on the 
definition of blood, breath, or urine units
in Section 
11-501.2, is guilty of a Class 4 felony and shall be subject, 
in
addition to any other penalty that may be imposed, to a 
mandatory minimum of
90 days of imprisonment and a mandatory 
minimum fine of $2,500.

    (c-15) Any person convicted of a fourth or fifth

violation 
of
subsection
(a) or a similar provision, if at the time of the 
fourth or fifth

violation the alcohol concentration in his or 
her blood, breath, or urine was
0.16 or more based on the 
definition of blood, breath, or urine units in
Section 
11-501.2, and if the person's 3 prior violations of subsection 
(a) or a
similar provision occurred while transporting a person 
under the age of 16 or
while the alcohol concentration in his 
or her blood, breath, or urine was 0.16
or more based on the 
definition of blood, breath, or urine units in Section

11-501.2, is guilty of a Class 2 felony and is not eligible for 
a sentence of
probation or conditional discharge and is subject 
to a minimum fine of
$2,500.


    (c-16) Any person convicted of a sixth or subsequent 
violation of subsection (a) is guilty of a Class X felony.

    (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;


            (B) the person committed a violation of subsection 
        (a)
while
driving a school bus with persons 18 years of 
        age or younger

on board;


            (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);


            (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.


        (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.
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: (A) 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; 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.
For 
    any prosecution under this subsection
(d), a certified copy 
    of the
driving abstract of the defendant shall be admitted 
    as proof of any prior
conviction.
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.


    (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.  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.
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.


    (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.


    (h) (Blank).


    (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.  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: 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.  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.  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; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; 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.
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; 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. 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; and police 
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 
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. 
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.  Programs providing treatment must be 
licensed
under existing applicable alcoholism and drug 
treatment licensure standards.

    (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. The restitution may not exceed $1,000 per
public 
agency for each 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.


(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
93-840, eff. 7-30-04; 94-114, eff. 1-1-06; 94-963, eff. 
6-28-06.)

 
    (Text of Section from P.A. 94-116 and 94-963)
    Sec. 11-501. Driving while under the influence of alcohol, 
other drug or
drugs, intoxicating compound or compounds or any 
combination thereof.

    (a) A person shall not drive or be in actual
physical 
control of any vehicle within this State while:


        (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;


        (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;


        (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.


    (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:

        (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 
    (a) of this Section.

        (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).

    (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-4) In the case of a third violation committed within 5

years of a previous violation of subsection (a) or a similar 
provision, the defendant is guilty of a Class 2 felony, and 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.


    (c) (Blank).


    (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.


        (2) A person who violates subsection (a) a third
time 
    is guilty of
a Class 2 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 2 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 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.

        (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.


        (3) A person who violates subsection (a) a fourth time 
    is guilty of
a Class 2 felony and is not eligible for a 
    sentence of probation or
conditional discharge.


        (4) A person who violates subsection (a) a fifth or 
    subsequent time is guilty of a Class 1 felony and is not 
    eligible for a sentence of probation or conditional 
    discharge.

    (c-2) (Blank).


    (c-3) (Blank).


    (c-4) (Blank).

    (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 
days of
imprisonment. The imprisonment or assignment of 
community service under this
subsection (c-5) is not subject to 
suspension, nor is the person eligible for
a reduced sentence.

    (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.

    (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. 
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. 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.

    (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 2 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.
The 
imprisonment or assignment of community service under this 
subsection (c-9)
is not subject to suspension, nor is the 
person eligible for a reduced
sentence.

    (c-10) Any person convicted of violating subsection (c-9) 
or a similar
provision a third time within 20 years of a 
previous violation of subsection
(a) or a
similar provision is 
guilty of a Class 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 
120 days of imprisonment. The imprisonment or
assignment of 
community service under this subsection (c-10) is not subject 
to
suspension, nor is the person eligible for a reduced 
sentence.

    (c-11) Any person convicted a fourth time for violating

subsection (a) or a similar provision, if at the time of the 
fourth violation the person was transporting a person under the 
age of 16,
and if the person's 3 prior violations of subsection 
(a) or a similar provision
occurred while transporting a person 
under the age of 16 or while the alcohol
concentration in his 
or her blood, breath, or urine was 0.16 or more based
on the 
definition of blood, breath, or urine units in Section 
11-501.2, is
guilty of a Class 2 felony, is not eligible for 
probation or conditional
discharge, and is subject to a minimum 
fine of $3,000.

    (c-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 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-14) Any person convicted of a third violation of 
subsection (a) or a
similar provision within 20 years of a 
previous violation of subsection (a) or
a
similar provision, if 
at the time of the third violation of subsection (a) or a

similar provision the alcohol concentration in his or her 
blood, breath, or
urine was 0.16 or more based on the 
definition of blood, breath, or urine units
in Section 
11-501.2, is guilty of a Class 2 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-15) Any person convicted of a fourth
violation of

subsection
(a) or a similar provision, if at the time of the 
fourth
violation the alcohol concentration in his or her blood, 
breath, or urine was
0.16 or more based on the definition of 
blood, breath, or urine units in
Section 11-501.2, and if the 
person's 3 prior violations of subsection (a) or a
similar 
provision occurred while transporting a person under the age of 
16 or
while the alcohol concentration in his or her blood, 
breath, or urine was 0.16
or more based on the definition of 
blood, breath, or urine units in Section
11-501.2, is guilty of 
a Class 2 felony and is not eligible for a sentence of

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:


            (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;


            (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);


            (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.


        (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 
    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.
Except as provided in 
    paragraph (4) of subsection (c-1), aggravated driving 
    under the influence of alcohol, other drug, or drugs, 
    intoxicating compounds or compounds, or any combination 
    thereof as defined in subparagraph (A) of paragraph (1) of 
    this subsection (d) is a Class 2 felony. 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: (A) 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; 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.
For 
    any prosecution under this subsection
(d), a certified copy 
    of the
driving abstract of the defendant shall be admitted 
    as proof of any prior
conviction.
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.


    (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.  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.
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.


    (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.


    (h) (Blank).


    (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.  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: 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.  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.  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; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; 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.
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; 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. 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; and police 
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 
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. 
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.  Programs providing treatment must be 
licensed
under existing applicable alcoholism and drug 
treatment licensure standards.

    (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. The restitution may not exceed $1,000 per
public 
agency for each 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.


(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
93-840, eff. 7-30-04; 94-116, eff. 1-1-06; 94-963, eff. 
6-28-06.)

 
    (Text of Section from P.A. 94-329 and 94-963)
    Sec. 11-501. Driving while under the influence of alcohol, 
other drug or
drugs, intoxicating compound or compounds or any 
combination thereof.


    (a) A person shall not drive or be in actual
physical 
control of any vehicle within this State while:


        (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;


        (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;


        (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.


    (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:

        (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 
    (a) of this Section.

        (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).

    (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-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.


    (c) (Blank).


    (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.
        (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 
    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 
    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.

        (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, is guilty of aggravated driving 
    under the influence of alcohol, other drug or drugs, 
    intoxicating compound or compounds, or any combination 
    thereof and shall also be sentenced to an additional

    mandatory minimum term of 30 consecutive days of 
    imprisonment, 40 days of
24-hour periodic imprisonment, or 
    720 hours of community service, as may be
determined by the 
    court.  This mandatory term of 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 
    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.


    (c-2) (Blank).


    (c-3) (Blank).


    (c-4) (Blank).

    (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 
days of
imprisonment. The imprisonment or assignment of 
community service under this
subsection (c-5) is not subject to 
suspension, nor is the person eligible for
a reduced sentence.

    (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.

    (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. 
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. 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.

    (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 
children, and a mandatory minimum 30 days of imprisonment.
The 
imprisonment or assignment of community service under this 
subsection (c-9)
is not subject to suspension, nor is the 
person eligible for a reduced
sentence.

    (c-10) Any person convicted of violating subsection (c-9) 
or a similar
provision a third time within 20 years of a 
previous violation of subsection
(a) or a
similar provision is 
guilty of a Class 4 felony and shall receive, in addition
to 
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. The imprisonment or
assignment of 
community service under this subsection (c-10) is not subject 
to
suspension, nor is the person eligible for a reduced 
sentence.

    (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.

    (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-14) Any person convicted of a third violation of 
subsection (a) or a
similar provision within 20 years of a 
previous violation of subsection (a) or
a
similar provision, if 
at the time of the third violation of subsection (a) or a

similar provision the alcohol concentration in his or her 
blood, breath, or
urine was 0.16 or more based on the 
definition of blood, breath, or urine units
in Section 
11-501.2, is guilty of a Class 4 felony and shall be subject, 
in
addition to any other penalty that may be imposed, to a 
mandatory minimum of
90 days of imprisonment and a mandatory 
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:


            (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;


            (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);


            (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;


            (G) the person committed the violation while he or 
        she did not possess a driver's license or permit or a 
        restricted driving permit or a judicial driving 
        permit; or

            (H) 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.

        (2) Except as provided in this paragraph (2) and in 
    paragraphs (2), (2.1), and (3) 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 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.
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: (A) 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; 
    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.
For any prosecution under this 
    subsection
(d), a certified copy of the
driving abstract of 
    the defendant shall be admitted as proof of any prior

    conviction.
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.


    (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.  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.
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.


    (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.


    (h) (Blank).


    (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.  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: 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.  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.  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; police officer 
training and education in areas related to alcohol related 
crime, including but not limited to DUI training; 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.
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; 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. 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; and police 
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 
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. 
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.  Programs providing treatment must be 
licensed
under existing applicable alcoholism and drug 
treatment licensure standards.

    (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. The restitution may not exceed $1,000 per
public 
agency for each 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.


(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; 
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; 
93-840, eff. 7-30-04; 94-329, eff. 1-1-06; 94-963, eff. 
6-28-06.)

 
    (625 ILCS 5/11-501.01 new)

    Sec. 11-501.01. Additional administrative sanctions.
    (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. Programs conducting these 
evaluations shall be licensed by the Department of Human 
Services. The cost of any professional evaluation shall be paid 
for by the individual required to undergo the professional 
evaluation.
    (b) Any person who is found guilty of or pleads guilty to 
violating Section 11-501, including any person receiving a 
disposition of court supervision for violating that 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. 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.
    (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.
    (e) 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 Section 11-501 or a similar provision of a local 
ordinance. The Secretary shall establish by rule and regulation 
the procedures for certification and use of the interlock 
system.
    (f) In addition to any other penalties and liabilities, a 
person who is found guilty of or pleads guilty to violating 
Section 11-501, including any person placed on court 
supervision for violating Section 11-501, shall be assessed 
$500, payable to the circuit clerk, who shall distribute the 
money as follows: 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. If the person has 
been previously convicted of violating Section 11-501 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. 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 
State. This shall include, but is not limited to, in-car video 
cameras, radar and laser speed detection devices, and alcohol 
breath testers. Any moneys received by the Department of State 
Police under this subsection (f) shall be deposited into the 
State Police DUI Fund and shall be used to purchase law 
enforcement equipment that will assist in the prevention of 
alcohol related criminal violence throughout the State.
    (g) The Secretary of State Police DUI Fund is created as a 
special fund in the State treasury. All moneys received by the 
Secretary of State Police under subsection (f) of this Section 
shall be deposited into the Secretary of State Police DUI Fund 
and, subject to appropriation, shall be used to purchase law 
enforcement equipment to assist in the prevention of alcohol 
related criminal violence throughout the State.
    (h) Whenever an individual is sentenced for an offense 
based upon an arrest for a violation of Section 11-501 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. 
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. Programs providing treatment must be 
licensed under existing applicable alcoholism and drug 
treatment licensure standards.
    (i) In addition to any other fine or penalty required by 
law, an individual convicted of a violation of Section 11-501, 
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 Section 11-501, 
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. The restitution may not exceed $1,000 per public 
agency for each emergency response. As used in this subsection 
(i), "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.
 
    Section 10. 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 
form in which they appear in House Amendment No. 1 to that 
bill, the Illinois Vehicle Code is amended  by changing Section 
6-206.1 as follows:
 



    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)



    Sec. 6-206.1. Monitoring Device Driving Permit. 
Declaration of Policy. 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. 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.
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.  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. 

    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:

    (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 
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.   
However, the court shall not enter the order directing the 
Secretary of State to issue the MDDP, if the court finds:

        (1) The offender's driver's license is otherwise 
    invalid
valid;
        (2) Death
No death or great bodily harm resulted from 
    the arrest for Section 11-501;
        (3) That the offender has not been previously convicted 
    of reckless homicide; or
and
        (4) That the offender is not less than 18 years of age.
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.  The Secretary shall establish by rule the 
amount and the procedures, terms, and conditions relating to 
these fees. 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. The 
ignition interlock device provider must notify the Secretary, 
in a manner and form prescribed by the Secretary, of the 
installation.  If the Secretary does not receive notice of 
installation, the Secretary shall cancel the MDDP.

A MDDP shall not become effective prior to the 31st
day of the 
original statutory summary suspension.

    (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).  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 
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 
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 
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;
        (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 
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% 
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.  
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.

(Source: P.A. 94-307, eff. 9-30-05; 94-357, eff. 1-1-06; 
94-930, eff. 6-26-06; 09500SB0300ham001.)

 
    Section 15. The Unified Code of Corrections is amended  by 
changing Sections 5-6-3 and 5-8-7 as follows:
 
    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)


    Sec. 5-6-3. Conditions of Probation and of Conditional 
Discharge.

    (a) The conditions of probation and of conditional 
discharge shall be
that the person:


        (1) not violate any criminal statute of any 
    jurisdiction;


        (2) report to or appear in person before such person or 
    agency as
directed by the court;


        (3) refrain from possessing a firearm or other 
    dangerous weapon;


        (4) not leave the State without the consent of the 
    court or, in
circumstances in which the reason for the 
    absence is of such an emergency
nature that prior consent 
    by the court is not possible, without the prior

    notification and approval of the person's probation

    officer.  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;


        (5) permit the probation officer to visit
him at his 
    home or elsewhere
to the extent necessary to discharge his 
    duties;


        (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.  The community service 
    shall
include, but not be limited to, the cleanup and 
    repair of any damage caused by
a violation of Section 
    21-1.3 of the Criminal Code of 1961 and similar damage
to 
    property located within the municipality or county in which 
    the violation
occurred.  When possible and reasonable, the 
    community service should be
performed in the offender's 
    neighborhood.  For purposes of this Section,
"organized 
    gang" has the meaning ascribed to it in Section 10 of the 
    Illinois
Streetgang Terrorism Omnibus Prevention Act;


        (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.  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).  The court shall revoke the 
    probation or conditional discharge of a
person who wilfully 
    fails to comply with this clause (7).  The person on

    probation or conditional discharge shall be required to pay 
    for the cost of the
educational courses or GED test, if a 
    fee is charged for those courses or
test.  The court shall 
    resentence the offender whose probation or conditional

    discharge has been revoked as provided in Section 5-6-4.  
    This clause (7) does
not apply to a person who has a high 
    school diploma or has successfully passed
the GED test. 
    This clause (7) does not apply to a person who is 
    determined by
the court to be developmentally disabled or 
    otherwise mentally incapable of
completing the educational 
    or vocational program;


        (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 
    and upon a
finding by the court that the person is 
    addicted, undergo treatment at a
substance abuse program 
    approved by the court;


        (8.5) if convicted of a felony sex offense as defined 
    in the Sex
Offender
Management Board Act, the person shall 
    undergo and successfully complete sex
offender treatment 
    by a treatment provider approved by the Board and conducted

    in conformance with the standards developed under the Sex

    Offender Management Board Act;

        (8.6) if convicted of a sex offense as defined in the 
    Sex Offender Management Board Act, refrain from residing at 
    the same address or in the same condominium unit or 
    apartment unit or in the same condominium complex or 
    apartment complex with another person he or she knows or 
    reasonably should know is a convicted sex offender or has 
    been placed on supervision for a sex offense; 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; and
        (9) if convicted of a felony, physically surrender at a 
    time and place
designated by the court, his or her Firearm

    Owner's Identification Card and
any and all firearms in
his 
    or her possession; 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.
    (b) The Court may in addition to other reasonable 
conditions relating to the
nature of the offense or the 
rehabilitation of the defendant as determined for
each 
defendant in the proper discretion of the Court require that 
the person:


        (1) serve a term of periodic imprisonment under Article 
    7 for a
period not to exceed that specified in paragraph 
    (d) of Section 5-7-1;


        (2) pay a fine and costs;


        (3) work or pursue a course of study or vocational 
    training;


        (4) undergo medical, psychological or psychiatric 
    treatment; or treatment
for drug addiction or alcoholism;


        (5) attend or reside in a facility established for the 
    instruction
or residence of defendants on probation;


        (6) support his dependents;


        (7) and in addition, if a minor:


            (i) reside with his parents or in a foster home;


            (ii) attend school;


            (iii) attend a non-residential program for youth;


            (iv) contribute to his own support at home or in a 
        foster home;


            (v) with the consent of the superintendent of the

        facility, attend an educational program at a facility 
        other than the school
in which the
offense was 
        committed if he
or she is convicted of a crime of 
        violence as
defined in
Section 2 of the Crime Victims 
        Compensation Act committed in a school, on the
real

        property
comprising a school, or within 1,000 feet of 
        the real property comprising a
school;


        (8) make restitution as provided in Section 5-5-6 of 
    this Code;


        (9) perform some reasonable public or community 
    service;


        (10) serve a term of home confinement.  In addition to 
    any other
applicable condition of probation or conditional 
    discharge, the
conditions of home confinement shall be that 
    the offender:


            (i) remain within the interior premises of the 
        place designated for
his confinement during the hours 
        designated by the court;


            (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; and


            (iii) if further deemed necessary by the court or 
        the
Probation or
Court Services Department, be placed 
        on an approved
electronic monitoring device, subject 
        to Article 8A of Chapter V;


            (iv) for persons convicted of any alcohol, 
        cannabis or controlled
substance violation 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 offender to pay the 
        fee, the court assesses a lesser fee or no
fee as the 
        case may be. This fee shall be imposed in addition to 
        the fees
imposed under subsections (g) and (i) of this 
        Section. The fee shall be
collected by the clerk of the 
        circuit court.  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; 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.  This fee shall be imposed in addition to 
        the fees
imposed under subsections (g) and (i) of this 
        Section.  The fee
shall be collected by the clerk of the 
        circuit court.  The clerk of the circuit
court shall pay 
        all monies collected from this fee
to the county 
        treasurer who shall use the monies collected to defray 
        the
costs of corrections.  The county treasurer shall 
        deposit the fee
collected in the county working cash 
        fund under Section 6-27001 or Section
6-29002 of the 
        Counties Code, 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. A copy of the 
    order of
protection shall be
transmitted to the probation 
    officer or agency
having responsibility for the case;


        (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;


        (13) contribute a reasonable sum of money, not to 
    exceed the maximum
amount of the fine authorized for the

    offense for which the defendant was sentenced, to a "local 
    anti-crime
program", as defined in Section 7 of the 
    Anti-Crime Advisory Council Act;


        (14) refrain from entering into a designated 
    geographic area except upon
such terms as the court finds 
    appropriate. Such terms may include
consideration of the 
    purpose of the entry, the time of day, other persons

    accompanying the defendant, and advance approval by a

    probation officer, if
the defendant has been placed on 
    probation or advance approval by the
court, if the 
    defendant was placed on conditional discharge;


        (15) refrain from having any contact, directly or 
    indirectly, with
certain specified persons or particular 
    types of persons, including but not
limited to members of 
    street gangs and drug users or dealers;


        (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 
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.  If 
such person
is in possession of a permit or license, the court 
may require that
the minor refrain from driving or operating 
any motor vehicle during the
period of probation or conditional 
discharge, except as may be necessary in
the course of the 
minor's lawful employment.


    (d) An offender sentenced to probation or to conditional 
discharge
shall be given a certificate setting forth the 
conditions thereof.


    (e) Except where the offender has committed a fourth or 
subsequent
violation of subsection (c) of Section 6-303 of the 
Illinois Vehicle Code,
the court shall not require as a 
condition of the sentence of
probation or conditional discharge 
that the offender be committed to a
period of imprisonment in 
excess of 6 months.
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 
does not apply to a person sentenced to probation as a
result 
of a conviction of a fourth or subsequent violation of 
subsection (c-4)
of Section 11-501 of the Illinois Vehicle Code 
or a similar provision of a
local ordinance.


    Persons committed to imprisonment as a condition of 
probation or
conditional discharge shall not be committed to 
the Department of
Corrections.


    (f) The court may combine a sentence of periodic 
imprisonment under
Article 7 or a sentence to a county impact 
incarceration program under
Article 8 with a sentence of 
probation or conditional discharge.


    (g) An offender sentenced to probation or to conditional 
discharge and
who during the term of either undergoes mandatory 
drug or alcohol testing,
or both, or is assigned to be placed 
on an approved electronic monitoring
device, shall be ordered 
to pay all costs incidental to such mandatory drug
or alcohol 
testing, or both, and all costs
incidental to such approved 
electronic monitoring in accordance with the
defendant's 
ability to pay those costs.  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 
concurrence of the Chief Judge shall be in the form of
an 
administrative order.
The fees shall be collected by the clerk 
of the circuit court.  The clerk of
the circuit court shall pay 
all moneys collected from these fees to the county
treasurer 
who shall use the moneys collected to defray the costs of
drug 
testing, alcohol testing, and electronic monitoring.
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.


    (h) Jurisdiction over an offender may be transferred from 
the
sentencing court to the court of another circuit with the 
concurrence of
both courts.  Further transfers or retransfers of

jurisdiction are also
authorized in the same manner.  The court 
to which jurisdiction has been
transferred shall have the same 
powers as the sentencing court.


    (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. The court may not impose the fee on a
minor who is made a 
ward of the State under the Juvenile Court Act of 1987
while 
the minor is in placement.
The fee shall be imposed only upon

an offender who is actively supervised by the
probation and 
court services
department.  The fee shall be collected by the 
clerk
of the circuit court.  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.

    A circuit court may not impose a probation fee under this 
subsection (i) in excess of $25
per month unless: (1) the 
circuit court has adopted, by administrative
order issued by 
the chief judge, a standard probation fee guide
determining an 
offender's ability to pay, under guidelines developed by
the 
Administrative
Office of the Illinois Courts; and (2) the 
circuit court has authorized, by
administrative order issued by 
the chief judge, the creation of a Crime
Victim's Services 
Fund, to be administered by the Chief Judge or his or
her 
designee, for services to crime victims and their families. Of 
the
amount collected as a probation fee, up to $5 of that fee

collected per month may be used to provide services to crime 
victims
and their families.


    This amendatory Act of the 93rd General Assembly deletes 
the $10 increase in the fee  under this subsection that was  
imposed by Public Act 93-616. This deletion is intended to 
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 
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.
    (j) All fines and costs imposed under this Section for any 
violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
Code, or a similar
provision of a local ordinance, and any 
violation of the Child Passenger
Protection Act, or a similar 
provision of a local ordinance, shall be
collected and 
disbursed by the circuit clerk as provided under Section 27.5

of the Clerks of Courts Act.


    (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.

(Source: P.A. 93-475, eff. 8-8-03; 93-616, eff. 1-1-04; 93-970, 
eff. 8-20-04; 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; 
94-556, eff. 9-11-05; revised 8-19-05.)

 
    (730 ILCS 5/5-8-7)  (from Ch. 38, par. 1005-8-7)

    Sec. 5-8-7. Calculation of Term of Imprisonment.

    (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.


    (b) The offender shall be given credit on the determinate

sentence or maximum term and the
minimum period of imprisonment 
for time spent in custody as a
result of the offense for which 
the sentence was imposed, at
the rate specified in Section 
3-6-3 of this Code.
Except when prohibited by subsection (d),

the trial court may give credit to the defendant for time spent 
in home
detention, or when the defendant has been confined for 
psychiatric or substance
abuse treatment prior to judgment, if 
the court finds that the detention or
confinement was 
custodial.


    (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.


    (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.


(Source: P.A. 93-800, eff. 1-1-05.)

 
    Section 99. Effective date. Section 10 of this Act takes 
effect on January 1, 2009.