DUI CAUSING 1 DEATH-4-20 YRS

Illinois General Assembly - Full Text of SB3124

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3124

Introduced 2/2/2026, by Sen. Steve McClure

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-501

from Ch. 95 1/2, par. 11-501

Amends the Illinois Vehicle Code. Provides that a violation of
aggravated driving under the influence of alcohol, other drug or drugs, or
intoxicating compounds, or any combination thereof, involving a motor
vehicle, snowmobile, all-terrain vehicle, or watercraft accident that
results in the death of one person and great bodily harm or permanent
disability or disfigurement of one or more other persons is a Class 2
felony punishable by a term of imprisonment of not less than 4 years and
not more than 20 years. Provides that the Act may be referred to as
Lindsey's Law.
LRB104 18924 LNS 32369 b

A BILL FOR

SB3124
LRB104 18924 LNS 32369 b
1

AN ACT concerning transportation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
This Act may be referred to as Lindsey's Law.

5

Section 5.
The Illinois Vehicle Code is amended by
6
changing Section 11-501 as follows:

7

(625 ILCS 5/11-501)

(from Ch. 95 1/2, par. 11-501)
8

Sec. 11-501.
Driving while under the influence of alcohol,
9
other drug or drugs, intoxicating compound or compounds or any
10
combination thereof.
11

(a) A person shall not drive or be in actual physical
12
control of any vehicle within this State while:
13

(1) the alcohol concentration in the person's blood,
14

other bodily substance, or breath is 0.08 or more based on
15

the definition of blood and breath units in Section
16

11-501.2;
17

(2) under the influence of alcohol;
18

(3) under the influence of any intoxicating compound
19

or combination of intoxicating compounds to a degree that
20

renders the person incapable of driving safely;
21

(4) under the influence of any other drug or
22

combination of drugs to a degree that renders the person

SB3124
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LRB104 18924 LNS 32369 b
1

incapable of safely driving;
2

(5) under the combined influence of alcohol, other
3

drug or drugs, or intoxicating compound or compounds to a
4

degree that renders the person incapable of safely
5

driving;
6

(6) there is any amount of a drug, substance, or
7

compound in the person's breath, blood, other bodily
8

substance, or urine resulting from the unlawful use or
9

consumption of a controlled substance listed in the
10

Illinois Controlled Substances Act, an intoxicating
11

compound listed in the Use of Intoxicating Compounds Act,
12

or methamphetamine as listed in the Methamphetamine
13

Control and Community Protection Act; or
14

(7) the person has, within 2 hours of driving or being
15

in actual physical control of a vehicle, a
16

tetrahydrocannabinol concentration in the person's whole
17

blood or other bodily substance as defined in paragraph 6
18

of subsection (a) of Section 11-501.2 of this Code.
19

Subject to all other requirements and provisions under
20

this Section, this paragraph (7) does not apply to the
21

lawful consumption of cannabis by a qualifying patient
22

licensed under the Compassionate Use of Medical Cannabis
23

Program Act who is in possession of a valid registry card
24

issued under that Act, unless that person is impaired by
25

the use of cannabis.
26

(b) The fact that any person charged with violating this

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LRB104 18924 LNS 32369 b
1
Section is or has been legally entitled to use alcohol,
2
cannabis under the Compassionate Use of Medical Cannabis
3
Program Act, other drug or drugs, or intoxicating compound or
4
compounds, or any combination thereof, shall not constitute a
5
defense against any charge of violating this Section.
6

(c) Penalties.
7

(1) Except as otherwise provided in this Section, any
8

person convicted of violating subsection (a) of this
9

Section is guilty of a Class A misdemeanor.
10

(2) A person who violates subsection (a) or a similar
11

provision a second time shall be sentenced to a mandatory
12

minimum term of either 5 days of imprisonment or 240 hours
13

of community service in addition to any other criminal or
14

administrative sanction.
15

(3) A person who violates subsection (a) is subject to
16

6 months of imprisonment, an additional mandatory minimum
17

fine of $1,000, and 25 days of community service in a
18

program benefiting children if the person was transporting
19

a person under the age of 16 at the time of the violation.
20

(4) A person who violates subsection (a) a first time,
21

if the alcohol concentration in his or her blood, breath,
22

other bodily substance, or urine was 0.16 or more based on
23

the definition of blood, breath, other bodily substance,
24

or urine units in Section 11-501.2, shall be subject, in
25

addition to any other penalty that may be imposed, to a
26

mandatory minimum of 100 hours of community service and a

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LRB104 18924 LNS 32369 b
1

mandatory minimum fine of $500.
2

(5) A person who violates subsection (a) a second
3

time, if at the time of the second violation the alcohol
4

concentration in his or her blood, breath, other bodily
5

substance, or urine was 0.16 or more based on the
6

definition of blood, breath, other bodily substance, or
7

urine units in Section 11-501.2, shall be subject, in
8

addition to any other penalty that may be imposed, to a
9

mandatory minimum of 2 days of imprisonment and a
10

mandatory minimum fine of $1,250.
11

(d) Aggravated driving under the influence of alcohol,
12
other drug or drugs, or intoxicating compound or compounds, or
13
any combination thereof.
14

(1) Every person convicted of committing a violation
15

of this Section shall be guilty of aggravated driving
16

under the influence of alcohol, other drug or drugs, or
17

intoxicating compound or compounds, or any combination
18

thereof if:
19

(A) the person committed a violation of subsection
20

(a) or a similar provision for the third or subsequent
21

time;
22

(B) the person committed a violation of subsection
23

(a) while driving a school bus with one or more
24

passengers on board;
25

(C) the person in committing a violation of
26

subsection (a) was involved in a motor vehicle crash

SB3124
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LRB104 18924 LNS 32369 b
1

that resulted in great bodily harm or permanent
2

disability or disfigurement to another, when the
3

violation was a proximate cause of the injuries;
4

(D) the person committed a violation of subsection
5

(a) and has been previously convicted of violating
6

Section 9-3 of the Criminal Code of 1961 or the
7

Criminal Code of 2012 or a similar provision of a law
8

of another state relating to reckless homicide in
9

which the person was determined to have been under the
10

influence of alcohol, other drug or drugs, or
11

intoxicating compound or compounds as an element of
12

the offense or the person has previously been
13

convicted under subparagraph (C) or subparagraph (F)
14

of this paragraph (1);
15

(E) the person, in committing a violation of
16

subsection (a) while driving at any speed in a school
17

speed zone at a time when a speed limit of 20 miles per
18

hour was in effect under subsection (a) of Section
19

11-605 of this Code, was involved in a motor vehicle
20

crash that resulted in bodily harm, other than great
21

bodily harm or permanent disability or disfigurement,
22

to another person, when the violation of subsection
23

(a) was a proximate cause of the bodily harm;
24

(F) the person, in committing a violation of
25

subsection (a), was involved in a motor vehicle crash
26

or snowmobile, all-terrain vehicle, or watercraft

SB3124
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LRB104 18924 LNS 32369 b
1

accident that resulted in the death of another person,
2

when the violation of subsection (a) was a proximate
3

cause of the death;
4

(G) the person committed a violation of subsection
5

(a) during a period in which the defendant's driving
6

privileges are revoked or suspended, where the
7

revocation or suspension was for a violation of
8

subsection (a) or a similar provision, Section
9

11-501.1, paragraph (b) of Section 11-401, or for
10

reckless homicide as defined in Section 9-3 of the
11

Criminal Code of 1961 or the Criminal Code of 2012;
12

(H) the person committed the violation while he or
13

she did not possess a driver's license or permit or a
14

restricted driving permit or a judicial driving permit
15

or a monitoring device driving permit;
16

(I) the person committed the violation while he or
17

she knew or should have known that the vehicle he or
18

she was driving was not covered by a liability
19

insurance policy;
20

(J) the person in committing a violation of
21

subsection (a) was involved in a motor vehicle crash
22

that resulted in bodily harm, but not great bodily
23

harm, to the child under the age of 16 being
24

transported by the person, if the violation was the
25

proximate cause of the injury;
26

(K) the person in committing a second violation of

SB3124
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LRB104 18924 LNS 32369 b
1

subsection (a) or a similar provision was transporting
2

a person under the age of 16; or
3

(L) the person committed a violation of subsection
4

(a) of this Section while transporting one or more
5

passengers in a vehicle for-hire.
6

(2)(A) Except as provided otherwise, a person
7

convicted of aggravated driving under the influence of
8

alcohol, other drug or drugs, or intoxicating compound or
9

compounds, or any combination thereof is guilty of a Class
10

4 felony.
11

(B) A third violation of this Section or a similar
12

provision is a Class 2 felony. If at the time of the third
13

violation the alcohol concentration in his or her blood,
14

breath, other bodily substance, or urine was 0.16 or more
15

based on the definition of blood, breath, other bodily
16

substance, or urine units in Section 11-501.2, a mandatory
17

minimum of 90 days of imprisonment and a mandatory minimum
18

fine of $2,500 shall be imposed in addition to any other
19

criminal or administrative sanction. If at the time of the
20

third violation, the defendant was transporting a person
21

under the age of 16, a mandatory fine of $25,000 and 25
22

days of community service in a program benefiting children
23

shall be imposed in addition to any other criminal or
24

administrative sanction.
25

(C) A fourth violation of this Section or a similar
26

provision is a Class 2 felony, for which a sentence of

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LRB104 18924 LNS 32369 b
1

probation or conditional discharge may not be imposed. If
2

at the time of the violation, the alcohol concentration in
3

the defendant's blood, breath, other bodily substance, or
4

urine was 0.16 or more based on the definition of blood,
5

breath, other bodily substance, or urine units in Section
6

11-501.2, a mandatory minimum fine of $5,000 shall be
7

imposed in addition to any other criminal or
8

administrative sanction. If at the time of the fourth
9

violation, the defendant was transporting a person under
10

the age of 16 a mandatory fine of $25,000 and 25 days of
11

community service in a program benefiting children shall
12

be imposed in addition to any other criminal or
13

administrative sanction.
14

(D) A fifth violation of this Section or a similar
15

provision is a Class 1 felony, for which a sentence of
16

probation or conditional discharge may not be imposed. If
17

at the time of the violation, the alcohol concentration in
18

the defendant's blood, breath, other bodily substance, or
19

urine was 0.16 or more based on the definition of blood,
20

breath, other bodily substance, or urine units in Section
21

11-501.2, a mandatory minimum fine of $5,000 shall be
22

imposed in addition to any other criminal or
23

administrative sanction. If at the time of the fifth
24

violation, the defendant was transporting a person under
25

the age of 16, a mandatory fine of $25,000, and 25 days of
26

community service in a program benefiting children shall

SB3124
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LRB104 18924 LNS 32369 b
1

be imposed in addition to any other criminal or
2

administrative sanction.
3

(E) A sixth or subsequent violation of this Section or
4

similar provision is a Class X felony. If at the time of
5

the violation, the alcohol concentration in the
6

defendant's blood, breath, other bodily substance, or
7

urine was 0.16 or more based on the definition of blood,
8

breath, other bodily substance, or urine units in Section
9

11-501.2, a mandatory minimum fine of $5,000 shall be
10

imposed in addition to any other criminal or
11

administrative sanction. If at the time of the violation,
12

the defendant was transporting a person under the age of
13

16, a mandatory fine of $25,000 and 25 days of community
14

service in a program benefiting children shall be imposed
15

in addition to any other criminal or administrative
16

sanction.
17

(F) For a violation of subparagraph (C) of paragraph
18

(1) of this subsection (d), the defendant, if sentenced to
19

a term of imprisonment, shall be sentenced to not less
20

than one year nor more than 12 years.
21

(G) A violation of subparagraph (F) of paragraph (1)
22

of this subsection (d) is a Class 2 felony, for which the
23

defendant, unless the court determines that extraordinary
24

circumstances exist and require probation, shall be
25

sentenced to: (i) a term of imprisonment of not less than 3
26

years and not more than 14 years if the violation resulted

SB3124
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LRB104 18924 LNS 32369 b
1

in the death of one person;
or
(ii) a term of imprisonment
2

of not less than 6 years and not more than 28 years if the
3

violation resulted in the deaths of 2 or more persons
; or
4

(iii) a term of imprisonment of not less than 4 years and
5

not more than 20 years if the violation resulted in the
6

death of one person and great bodily harm or permanent
7

disability or disfigurement of one or more other persons
.
8

(H) For a violation of subparagraph (J) of paragraph
9

(1) of this subsection (d), a mandatory fine of $2,500,
10

and 25 days of community service in a program benefiting
11

children shall be imposed in addition to any other
12

criminal or administrative sanction.
13

(I) A violation of subparagraph (K) of paragraph (1)
14

of this subsection (d), is a Class 2 felony and a mandatory
15

fine of $2,500, and 25 days of community service in a
16

program benefiting children shall be imposed in addition
17

to any other criminal or administrative sanction. If the
18

child being transported suffered bodily harm, but not
19

great bodily harm, in a motor vehicle crash, and the
20

violation was the proximate cause of that injury, a
21

mandatory fine of $5,000 and 25 days of community service
22

in a program benefiting children shall be imposed in
23

addition to any other criminal or administrative sanction.
24

(J) A violation of subparagraph (D) of paragraph (1)
25

of this subsection (d) is a Class 3 felony, for which a
26

sentence of probation or conditional discharge may not be

SB3124
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LRB104 18924 LNS 32369 b
1

imposed.
2

(3) Any person sentenced under this subsection (d) who
3

receives a term of probation or conditional discharge must
4

serve a minimum term of either 480 hours of community
5

service or 10 days of imprisonment as a condition of the
6

probation or conditional discharge in addition to any
7

other criminal or administrative sanction.
8

(e) Any reference to a prior violation of subsection (a)
9
or a similar provision includes any violation of a provision
10
of a local ordinance or a provision of a law of another state
11
or an offense committed on a military installation that is
12
similar to a violation of subsection (a) of this Section.
13

(f) The imposition of a mandatory term of imprisonment or
14
assignment of community service for a violation of this
15
Section shall not be suspended or reduced by the court.
16

(g) Any penalty imposed for driving with a license that
17
has been revoked for a previous violation of subsection (a) of
18
this Section shall be in addition to the penalty imposed for
19
any subsequent violation of subsection (a).
20

(h) For any prosecution under this Section, a certified
21
copy of the driving abstract of the defendant shall be
22
admitted as proof of any prior conviction.
23
(Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23
.)

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