Overview
Illinois State Senator Steve McClure filed Senate Bill 285, designated as Lindsey's Law, to address high-severity intoxicated driving incidents. The measure targets drivers who cause a fatal crash while also severely injuring at least one other individual.
If enacted, the bill amends the Illinois Vehicle Code by classifying these specific collisions as aggravated DUIs carrying extended prison sentences. The proposal covers standard road vehicles as well as recreational equipment like snowmobiles, ATVs, and watercraft.
Key Provisions
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Heightened Felony Classification: Violators face a Class 2 felony charge carrying a mandatory sentencing range of 4 to 20 years in state prison.
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Specific Injury Threshold: The elevated penalty triggers when an impaired driver causes both one fatality and great bodily harm, permanent disability, or permanent disfigurement to one or more surviving victims.
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Expanded Vehicle Coverage: The rule applies to operators of passenger vehicles, snowmobiles, all-terrain vehicles, and watercraft.
Impact on Drivers
Drivers charged under SB 285 face intense legal exposure with severe mandatory minimums. Unlike lower-level offenses, a 4-year minimum sentence limits judicial discretion and eliminates the possibility of standard probation.
The scope extends past public highways. Boaters on Illinois lakes and individuals operating off-road vehicles on private property face the same 20-year maximum sentence if impaired operation causes a fatal multi-victim crash. Revocation of driving privileges and mandatory restitution orders will also follow any conviction under these terms.
Current Law vs Proposed Changes
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Current: Existing Illinois statute punishes an aggravated DUI involving a single death with a prison term of 3 to 14 years, unless special circumstances apply.
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Proposed: Under SB 285, crashes that result in one death alongside serious bodily injury or permanent disfigurement to other survivors carry 4 to 20 years in prison.
What This Means For You
Operating any vehicle after consuming alcohol or impairing drugs carries immense criminal liability under this proposal. Designate a sober driver, hire a rideshare service, or stay overnight if you plan to consume intoxicants. If law enforcement arrests you or an associate after a serious collision, consult a criminal defense attorney immediately to protect your legal rights.
Source: Official IL legislative records. Consult a licensed attorney for legal advice.
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