23.

65B

Definition Of Aggravated Driving With An Alcohol Concentration Of 0.08 Or MoreAccident Resulting In Bodily Harm To A Child Under The Age Of 16

A person commits the offense of aggravated driving with an alcohol concentration of 0.08 or more when he [(drives) (is in actual physical control of)] a vehicle while the alcohol concentration in his blood or breath is 0.08 or more, and in [(so driving) (being in actual physical control of)] a vehicle, he is involved in a motor vehicle accident that results in bodily harm to a child under the age of 16 being transported by him, and his [(driving) (being in actual physical control of)] a vehicle while having an alcohol concentration in his blood or breath of 0.08 or more is the proximate cause of the bodily harm to the child under the age of 16. Committee Note 625 ILCS 5/11-501(a)(1) and 625 ILCS 5/11-501(d)(1)(J) (West 2010). Section 11-501 was amended by P.A. 95-578 which added Section 11-501(d)(1)(J), effective June 1, 2008. Give Instruction 23.66B. Give Instruction 23.30A, defining alcohol concentration. Give Instruction 23.28A, defining proximate cause. When actual physical control is an issue, give Instruction 23.43. The Illinois Supreme Court has upheld the constitutionality of Section 11-501(a) (1) and has ruled that actual impairment of the ability to drive a vehicle is not an element of the offense. People v. Ziltz, 98 Ill.2d 38, 455 N.E.2d 70 (1983). The supreme court also held that the offense of driving under the influence under Section 11-501(a)(1) is a strict liability offense. Ziltz, 98 Ill.2d at 42-43. The Committee believes that this holding extends to the offense of aggravated driving with an alcohol concentration of 0.08 or more under Section 11-501(d)(1)(J) and accordingly has not included a mental state in this instruction. See also People v. Teschner, 76 Ill.App.3d 124, 394 N.E.2d 893 (2d Dist. 1979). See Committee Note to Instruction 23.13 for a comment on the interpretation of Section 11-501(a). Use applicable bracketed material. The brackets are present solely for the guidance of court and counsel and should not be included in the instruction submitted to the jury.