98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB6274

 

Introduced , by Rep. Mike Bost

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.855 new
30 ILCS 105/6z-100 new
625 ILCS 5/11-501.01
625 ILCS 40/5-7
625 ILCS 45/5-16
720 ILCS 550/12  from Ch. 56 1/2, par. 712

    Amends the State Finance Act. Creates the Residential Substance Abuse Treatment Fund. Provides that moneys in the Fund shall be used by the Department of Corrections, subject to appropriation, for expenses incurred in administering, operating, and maintaining a residential substance abuse treatment facility at the Murphysboro Correctional Center. Amends the Illinois Vehicle Code. Provides that upon a conviction or plea of guilty for operating a motor vehicle while under the influence of alcohol, drugs, or an intoxicating compound, a defendant shall pay a fee of $100 to be deposited into the Residential Substance Abuse Treatment Fund. Makes a similar change to the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act. Amends the Cannabis Control Act. Provides that moneys received from forfeiture by the State's Attorney may, at the State's Attorney's discretion, also be deposited into the Residential Substance Abuse Treatment Fund (currently moneys can be used only to make discretionary grants to local substance abuse treatment facilities and half-way houses). Effective immediately.


LRB098 21359 JWD 60052 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6274LRB098 21359 JWD 60052 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Sections 5.855 and 6z-100 as follows:
 
6    (30 ILCS 105/5.855 new)
7    Sec. 5.855. The Residential Substance Abuse Treatment
8Fund.
 
9    (30 ILCS 105/6z-100 new)
10    Sec. 6z-100. Residential Substance Abuse Treatment Fund.
11All moneys received from fees imposed under subsection (k) of
12Section 11-501.01 of the Illinois Vehicle Code, subsection (h)
13of Section 5-7 of the Snowmobile Registration and Safety Act,
14and subsection (H) of Section 5-16 of the Boat Registration and
15Safety Act, as well as any grants made under sub-paragraph (i)
16of paragraph (2) of subsection (g) of Section 12 of the
17Cannabis Control Act, shall be deposited into a special fund
18known as the Residential Substance Abuse Treatment Fund, which
19is hereby created in the State Treasury. Moneys in the Fund
20shall be used by the Department of Corrections, subject to
21appropriation, for expenses incurred in administering,
22operating, and maintaining a residential substance abuse

 

 

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1treatment facility at the Murphysboro Correctional Center.
 
2    Section 10. The Illinois Vehicle Code is amended by
3changing Section 11-501.01 as follows:
 
4    (625 ILCS 5/11-501.01)
5    Sec. 11-501.01. Additional administrative sanctions.
6    (a) After a finding of guilt and prior to any final
7sentencing or an order for supervision, for an offense based
8upon an arrest for a violation of Section 11-501 or a similar
9provision of a local ordinance, individuals shall be required
10to undergo a professional evaluation to determine if an
11alcohol, drug, or intoxicating compound abuse problem exists
12and the extent of the problem, and undergo the imposition of
13treatment as appropriate. Programs conducting these
14evaluations shall be licensed by the Department of Human
15Services. The cost of any professional evaluation shall be paid
16for by the individual required to undergo the professional
17evaluation.
18    (b) Any person who is found guilty of or pleads guilty to
19violating Section 11-501, including any person receiving a
20disposition of court supervision for violating that Section,
21may be required by the Court to attend a victim impact panel
22offered by, or under contract with, a county State's Attorney's
23office, a probation and court services department, Mothers
24Against Drunk Driving, or the Alliance Against Intoxicated

 

 

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1Motorists. All costs generated by the victim impact panel shall
2be paid from fees collected from the offender or as may be
3determined by the court.
4    (c) Every person found guilty of violating Section 11-501,
5whose operation of a motor vehicle while in violation of that
6Section proximately caused any incident resulting in an
7appropriate emergency response, shall be liable for the expense
8of an emergency response as provided in subsection (i) of this
9Section.
10    (d) The Secretary of State shall revoke the driving
11privileges of any person convicted under Section 11-501 or a
12similar provision of a local ordinance.
13    (e) The Secretary of State shall require the use of
14ignition interlock devices on all vehicles owned by a person
15who has been convicted of a second or subsequent offense of
16Section 11-501 or a similar provision of a local ordinance. The
17person must pay to the Secretary of State DUI Administration
18Fund an amount not to exceed $30 for each month that he or she
19uses the device. The Secretary shall establish by rule and
20regulation the procedures for certification and use of the
21interlock system, the amount of the fee, and the procedures,
22terms, and conditions relating to these fees.
23    (f) In addition to any other penalties and liabilities, a
24person who is found guilty of or pleads guilty to violating
25Section 11-501, including any person placed on court
26supervision for violating Section 11-501, shall be assessed

 

 

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1$750, payable to the circuit clerk, who shall distribute the
2money as follows: $350 to the law enforcement agency that made
3the arrest, and $400 shall be forwarded to the State Treasurer
4for deposit into the General Revenue Fund. If the person has
5been previously convicted of violating Section 11-501 or a
6similar provision of a local ordinance, the fine shall be
7$1,000, and the circuit clerk shall distribute $200 to the law
8enforcement agency that made the arrest and $800 to the State
9Treasurer for deposit into the General Revenue Fund. In the
10event that more than one agency is responsible for the arrest,
11the amount payable to law enforcement agencies shall be shared
12equally. Any moneys received by a law enforcement agency under
13this subsection (f) shall be used for enforcement and
14prevention of driving while under the influence of alcohol,
15other drug or drugs, intoxicating compound or compounds or any
16combination thereof, as defined by Section 11-501 of this Code,
17including but not limited to the purchase of law enforcement
18equipment and commodities that will assist in the prevention of
19alcohol related criminal violence throughout the State; police
20officer training and education in areas related to alcohol
21related crime, including but not limited to DUI training; and
22police officer salaries, including but not limited to salaries
23for hire back funding for safety checkpoints, saturation
24patrols, and liquor store sting operations. Any moneys received
25by the Department of State Police under this subsection (f)
26shall be deposited into the State Police DUI Fund and shall be

 

 

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1used to purchase law enforcement equipment that will assist in
2the prevention of alcohol related criminal violence throughout
3the State.
4    (g) The Secretary of State Police DUI Fund is created as a
5special fund in the State treasury. All moneys received by the
6Secretary of State Police under subsection (f) of this Section
7shall be deposited into the Secretary of State Police DUI Fund
8and, subject to appropriation, shall be used for enforcement
9and prevention of driving while under the influence of alcohol,
10other drug or drugs, intoxicating compound or compounds or any
11combination thereof, as defined by Section 11-501 of this Code,
12including but not limited to the purchase of law enforcement
13equipment and commodities to assist in the prevention of
14alcohol related criminal violence throughout the State; police
15officer training and education in areas related to alcohol
16related crime, including but not limited to DUI training; and
17police officer salaries, including but not limited to salaries
18for hire back funding for safety checkpoints, saturation
19patrols, and liquor store sting operations.
20    (h) Whenever an individual is sentenced for an offense
21based upon an arrest for a violation of Section 11-501 or a
22similar provision of a local ordinance, and the professional
23evaluation recommends remedial or rehabilitative treatment or
24education, neither the treatment nor the education shall be the
25sole disposition and either or both may be imposed only in
26conjunction with another disposition. The court shall monitor

 

 

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1compliance with any remedial education or treatment
2recommendations contained in the professional evaluation.
3Programs conducting alcohol or other drug evaluation or
4remedial education must be licensed by the Department of Human
5Services. If the individual is not a resident of Illinois,
6however, the court may accept an alcohol or other drug
7evaluation or remedial education program in the individual's
8state of residence. Programs providing treatment must be
9licensed under existing applicable alcoholism and drug
10treatment licensure standards.
11    (i) In addition to any other fine or penalty required by
12law, an individual convicted of a violation of Section 11-501,
13Section 5-7 of the Snowmobile Registration and Safety Act,
14Section 5-16 of the Boat Registration and Safety Act, or a
15similar provision, whose operation of a motor vehicle,
16snowmobile, or watercraft while in violation of Section 11-501,
17Section 5-7 of the Snowmobile Registration and Safety Act,
18Section 5-16 of the Boat Registration and Safety Act, or a
19similar provision proximately caused an incident resulting in
20an appropriate emergency response, shall be required to make
21restitution to a public agency for the costs of that emergency
22response. The restitution may not exceed $1,000 per public
23agency for each emergency response. As used in this subsection
24(i), "emergency response" means any incident requiring a
25response by a police officer, a firefighter carried on the
26rolls of a regularly constituted fire department, or an

 

 

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1ambulance. With respect to funds designated for the Department
2of State Police, the moneys shall be remitted by the circuit
3court clerk to the State Police within one month after receipt
4for deposit into the State Police DUI Fund. With respect to
5funds designated for the Department of Natural Resources, the
6Department of Natural Resources shall deposit the moneys into
7the Conservation Police Operations Assistance Fund.
8    (j) A person that is subject to a chemical test or tests of
9blood under subsection (a) of Section 11-501.1 or subdivision
10(c)(2) of Section 11-501.2 of this Code, whether or not that
11person consents to testing, shall be liable for the expense up
12to $500 for blood withdrawal by a physician authorized to
13practice medicine, a licensed physician assistant, a licensed
14advanced practice nurse, a registered nurse, a trained
15phlebotomist, a certified paramedic, or a qualified person
16other than a police officer approved by the Department of State
17Police to withdraw blood, who responds, whether at a law
18enforcement facility or a health care facility, to a police
19department request for the drawing of blood based upon refusal
20of the person to submit to a lawfully requested breath test or
21probable cause exists to believe the test would disclose the
22ingestion, consumption, or use of drugs or intoxicating
23compounds if:
24        (1) the person is found guilty of violating Section
25    11-501 of this Code or a similar provision of a local
26    ordinance; or

 

 

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1        (2) the person pleads guilty to or stipulates to facts
2    supporting a violation of Section 11-503 of this Code or a
3    similar provision of a local ordinance when the plea or
4    stipulation was the result of a plea agreement in which the
5    person was originally charged with violating Section
6    11-501 of this Code or a similar local ordinance.
7    (k) In addition to any other fine or penalty required by
8law, an individual who is convicted of, or who pleads guilty
9to, a violation of Section 11-501 of this Code or a similar
10provision of a local ordinance shall pay to the circuit clerk a
11fee of $100 to be deposited into the Residential Substance
12Abuse Treatment Fund.
13(Source: P.A. 97-931, eff. 1-1-13; 97-1050, eff. 1-1-13;
1498-292, eff. 1-1-14; 98-463, eff. 8-16-13.)
 
15    Section 15. The Snowmobile Registration and Safety Act is
16amended by changing Section 5-7 as follows:
 
17    (625 ILCS 40/5-7)
18    Sec. 5-7. Operating a snowmobile while under the influence
19of alcohol or other drug or drugs, intoxicating compound or
20compounds, or a combination of them; criminal penalties;
21suspension of operating privileges.
22    (a) A person may not operate or be in actual physical
23control of a snowmobile within this State while:
24        1. The alcohol concentration in that person's blood or

 

 

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1    breath is a concentration at which driving a motor vehicle
2    is prohibited under subdivision (1) of subsection (a) of
3    Section 11-501 of the Illinois Vehicle Code;
4        2. The person is under the influence of alcohol;
5        3. The person is under the influence of any other drug
6    or combination of drugs to a degree that renders that
7    person incapable of safely operating a snowmobile;
8        3.1. The person is under the influence of any
9    intoxicating compound or combination of intoxicating
10    compounds to a degree that renders the person incapable of
11    safely operating a snowmobile;
12        4. The person is under the combined influence of
13    alcohol and any other drug or drugs or intoxicating
14    compound or compounds to a degree that renders that person
15    incapable of safely operating a snowmobile; or
16        5. There is any amount of a drug, substance, or
17    compound in that person's breath, blood, or urine resulting
18    from the unlawful use or consumption of cannabis listed in
19    the Cannabis Control Act, controlled substance listed in
20    the Illinois Controlled Substances Act, or intoxicating
21    compound listed in the use of Intoxicating Compounds Act.
22    (b) The fact that a person charged with violating this
23Section is or has been legally entitled to use alcohol, other
24drug or drugs, any intoxicating compound or compounds, or any
25combination of them does not constitute a defense against a
26charge of violating this Section.

 

 

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1    (c) Every person convicted of violating this Section or a
2similar provision of a local ordinance is guilty of a Class A
3misdemeanor, except as otherwise provided in this Section.
4    (c-1) As used in this Section, "first time offender" means
5any person who has not had a previous conviction or been
6assigned supervision for violating this Section or a similar
7provision of a local ordinance, or any person who has not had a
8suspension imposed under subsection (e) of Section 5-7.1.
9    (c-2) For purposes of this Section, the following are
10equivalent to a conviction:
11        (1) a forfeiture of bail or collateral deposited to
12    secure a defendant's appearance in court when forfeiture
13    has not been vacated; or
14        (2) the failure of a defendant to appear for trial.
15    (d) Every person convicted of violating this Section is
16guilty of a Class 4 felony if:
17        1. The person has a previous conviction under this
18    Section;
19        2. The offense results in personal injury where a
20    person other than the operator suffers great bodily harm or
21    permanent disability or disfigurement, when the violation
22    was a proximate cause of the injuries. A person guilty of a
23    Class 4 felony under this paragraph 2, if sentenced to a
24    term of imprisonment, shall be sentenced to not less than
25    one year nor more than 12 years; or
26        3. The offense occurred during a period in which the

 

 

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1    person's privileges to operate a snowmobile are revoked or
2    suspended, and the revocation or suspension was for a
3    violation of this Section or was imposed under Section
4    5-7.1.
5    (e) Every person convicted of violating this Section is
6guilty of a Class 2 felony if the offense results in the death
7of a person. A person guilty of a Class 2 felony under this
8subsection (e), if sentenced to a term of imprisonment, shall
9be sentenced to a term of not less than 3 years and not more
10than 14 years.
11    (e-1) Every person convicted of violating this Section or a
12similar provision of a local ordinance who had a child under
13the age of 16 on board the snowmobile at the time of offense
14shall be subject to a mandatory minimum fine of $500 and shall
15be subject to a mandatory minimum of 5 days of community
16service in a program benefiting children. The assignment under
17this subsection shall not be subject to suspension nor shall
18the person be eligible for probation in order to reduce the
19assignment.
20    (e-2) Every person found guilty of violating this Section,
21whose operation of a snowmobile while in violation of this
22Section proximately caused any incident resulting in an
23appropriate emergency response, shall be liable for the expense
24of an emergency response as provided in subsection (i) of
25Section 11-501.01 of the Illinois Vehicle Code.
26    (e-3) In addition to any other penalties and liabilities, a

 

 

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1person who is found guilty of violating this Section, including
2any person placed on court supervision, shall be fined $100,
3payable to the circuit clerk, who shall distribute the money to
4the law enforcement agency that made the arrest. In the event
5that more than one agency is responsible for the arrest, the
6$100 shall be shared equally. Any moneys received by a law
7enforcement agency under this subsection (e-3) shall be used to
8purchase law enforcement equipment or to provide law
9enforcement training that will assist in the prevention of
10alcohol related criminal violence throughout the State. Law
11enforcement equipment shall include, but is not limited to,
12in-car video cameras, radar and laser speed detection devices,
13and alcohol breath testers.
14    (f) In addition to any criminal penalties imposed, the
15Department of Natural Resources shall suspend the snowmobile
16operation privileges of a person convicted or found guilty of a
17misdemeanor under this Section for a period of one year, except
18that first-time offenders are exempt from this mandatory one
19year suspension.
20    (g) In addition to any criminal penalties imposed, the
21Department of Natural Resources shall suspend for a period of 5
22years the snowmobile operation privileges of any person
23convicted or found guilty of a felony under this Section.
24    (h) In addition to any other fine or penalty required by
25law, an individual who is convicted of, or who pleads guilty
26to, a violation of this Section or a similar provision of a

 

 

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1local ordinance shall pay to the circuit clerk a fee of $100 to
2be deposited into the Residential Substance Abuse Treatment
3Fund.
4(Source: P.A. 95-149, eff. 8-14-07; 96-1000, eff. 7-2-10.)
 
5    Section 20. The Boat Registration and Safety Act is amended
6by changing Section 5-16 as follows:
 
7    (625 ILCS 45/5-16)
8    Sec. 5-16. Operating a watercraft under the influence of
9alcohol, other drug or drugs, intoxicating compound or
10compounds, or combination thereof.
11    (A) 1. A person shall not operate or be in actual physical
12    control of any watercraft within this State while:
13            (a) The alcohol concentration in such person's
14        blood or breath is a concentration at which driving a
15        motor vehicle is prohibited under subdivision (1) of
16        subsection (a) of Section 11-501 of the Illinois
17        Vehicle Code;
18            (b) Under the influence of alcohol;
19            (c) Under the influence of any other drug or
20        combination of drugs to a degree which renders such
21        person incapable of safely operating any watercraft;
22            (c-1) Under the influence of any intoxicating
23        compound or combination of intoxicating compounds to a
24        degree that renders the person incapable of safely

 

 

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1        operating any watercraft;
2            (d) Under the combined influence of alcohol and any
3        other drug or drugs to a degree which renders such
4        person incapable of safely operating a watercraft; or
5            (e) There is any amount of a drug, substance, or
6        compound in the person's blood or urine resulting from
7        the unlawful use or consumption of cannabis listed in
8        the Cannabis Control Act, a controlled substance
9        listed in the Illinois Controlled Substances Act, or an
10        intoxicating compound listed in the Use of
11        Intoxicating Compounds Act.
12        2. The fact that any person charged with violating this
13    Section is or has been legally entitled to use alcohol,
14    other drug or drugs, any intoxicating compound or
15    compounds, or any combination of them, shall not constitute
16    a defense against any charge of violating this Section.
17        3. Every person convicted of violating this Section
18    shall be guilty of a Class A misdemeanor, except as
19    otherwise provided in this Section.
20        4. Every person convicted of violating this Section
21    shall be guilty of a Class 4 felony if:
22            (a) He has a previous conviction under this
23        Section;
24            (b) The offense results in personal injury where a
25        person other than the operator suffers great bodily
26        harm or permanent disability or disfigurement, when

 

 

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1        the violation was a proximate cause of the injuries. A
2        person guilty of a Class 4 felony under this
3        subparagraph (b), if sentenced to a term of
4        imprisonment, shall be sentenced to a term of not less
5        than one year nor more than 12 years; or
6            (c) The offense occurred during a period in which
7        his or her privileges to operate a watercraft are
8        revoked or suspended, and the revocation or suspension
9        was for a violation of this Section or was imposed
10        under subsection (B).
11        5. Every person convicted of violating this Section
12    shall be guilty of a Class 2 felony if the offense results
13    in the death of a person. A person guilty of a Class 2
14    felony under this paragraph 5, if sentenced to a term of
15    imprisonment, shall be sentenced to a term of not less than
16    3 years and not more than 14 years.
17        5.1. A person convicted of violating this Section or a
18    similar provision of a local ordinance who had a child
19    under the age of 16 aboard the watercraft at the time of
20    offense is subject to a mandatory minimum fine of $500 and
21    to a mandatory minimum of 5 days of community service in a
22    program benefiting children. The assignment under this
23    paragraph 5.1 is not subject to suspension and the person
24    is not eligible for probation in order to reduce the
25    assignment.
26        5.2. A person found guilty of violating this Section,

 

 

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1    if his or her operation of a watercraft while in violation
2    of this Section proximately caused any incident resulting
3    in an appropriate emergency response, is liable for the
4    expense of an emergency response as provided in subsection
5    (m) of Section 11-501 of the Illinois Vehicle Code.
6        5.3. In addition to any other penalties and
7    liabilities, a person who is found guilty of violating this
8    Section, including any person placed on court supervision,
9    shall be fined $100, payable to the circuit clerk, who
10    shall distribute the money to the law enforcement agency
11    that made the arrest. In the event that more than one
12    agency is responsible for the arrest, the $100 shall be
13    shared equally. Any moneys received by a law enforcement
14    agency under this paragraph 5.3 shall be used to purchase
15    law enforcement equipment or to provide law enforcement
16    training that will assist in the prevention of alcohol
17    related criminal violence throughout the State. Law
18    enforcement equipment shall include, but is not limited to,
19    in-car video cameras, radar and laser speed detection
20    devices, and alcohol breath testers.
21        6. (a) In addition to any criminal penalties imposed,
22        the Department of Natural Resources shall suspend the
23        watercraft operation privileges of any person
24        convicted or found guilty of a misdemeanor under this
25        Section, a similar provision of a local ordinance, or
26        Title 46 of the U.S. Code of Federal Regulations for a

 

 

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1        period of one year, except that a first time offender
2        is exempt from this mandatory one year suspension.
3            As used in this subdivision (A)6(a), "first time
4        offender" means any person who has not had a previous
5        conviction or been assigned supervision for violating
6        this Section, a similar provision of a local ordinance
7        or, Title 46 of the U.S. Code of Federal Regulations,
8        or any person who has not had a suspension imposed
9        under subdivision (B)3.1 of Section 5-16.
10            (b) In addition to any criminal penalties imposed,
11        the Department of Natural Resources shall suspend the
12        watercraft operation privileges of any person
13        convicted of a felony under this Section, a similar
14        provision of a local ordinance, or Title 46 of the U.S.
15        Code of Federal Regulations for a period of 3 years.
16    (B) 1. Any person who operates or is in actual physical
17    control of any watercraft upon the waters of this State
18    shall be deemed to have given consent to a chemical test or
19    tests of blood, breath or urine for the purpose of
20    determining the content of alcohol, other drug or drugs,
21    intoxicating compound or compounds, or combination thereof
22    in the person's blood if arrested for any offense of
23    subsection (A) above. The chemical test or tests shall be
24    administered at the direction of the arresting officer. The
25    law enforcement agency employing the officer shall
26    designate which of the tests shall be administered. A urine

 

 

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1    test may be administered even after a blood or breath test
2    or both has been administered.
3        1.1. For the purposes of this Section, an Illinois Law
4    Enforcement officer of this State who is investigating the
5    person for any offense defined in Section 5-16 may travel
6    into an adjoining state, where the person has been
7    transported for medical care to complete an investigation,
8    and may request that the person submit to the test or tests
9    set forth in this Section. The requirements of this Section
10    that the person be arrested are inapplicable, but the
11    officer shall issue the person a uniform citation for an
12    offense as defined in Section 5-16 or a similar provision
13    of a local ordinance prior to requesting that the person
14    submit to the test or tests. The issuance of the uniform
15    citation shall not constitute an arrest, but shall be for
16    the purpose of notifying the person that he or she is
17    subject to the provisions of this Section and of the
18    officer's belief in the existence of probable cause to
19    arrest. Upon returning to this State, the officer shall
20    file the uniform citation with the circuit clerk of the
21    county where the offense was committed and shall seek the
22    issuance of an arrest warrant or a summons for the person.
23        1.2. Notwithstanding any ability to refuse under this
24    Act to submit to these tests or any ability to revoke the
25    implied consent to these tests, if a law enforcement
26    officer has probable cause to believe that a watercraft

 

 

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1    operated by or under actual physical control of a person
2    under the influence of alcohol, other drug or drugs,
3    intoxicating compound or compounds, or any combination of
4    them has caused the death of or personal injury to another,
5    that person shall submit, upon the request of a law
6    enforcement officer, to a chemical test or tests of his or
7    her blood, breath, or urine for the purpose of determining
8    the alcohol content or the presence of any other drug,
9    intoxicating compound, or combination of them. For the
10    purposes of this Section, a personal injury includes severe
11    bleeding wounds, distorted extremities, and injuries that
12    require the injured party to be carried from the scene for
13    immediate professional attention in either a doctor's
14    office or a medical facility.
15        2. Any person who is dead, unconscious or who is
16    otherwise in a condition rendering such person incapable of
17    refusal, shall be deemed not to have withdrawn the consent
18    provided above, and the test may be administered.
19        3. A person requested to submit to a chemical test as
20    provided above shall be verbally advised by the law
21    enforcement officer requesting the test that a refusal to
22    submit to the test will result in suspension of such
23    person's privilege to operate a watercraft for a minimum of
24    2 years. Following this warning, if a person under arrest
25    refuses upon the request of a law enforcement officer to
26    submit to a test designated by the officer, no test shall

 

 

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1    be given, but the law enforcement officer shall file with
2    the clerk of the circuit court for the county in which the
3    arrest was made, and with the Department of Natural
4    Resources, a sworn statement naming the person refusing to
5    take and complete the chemical test or tests requested
6    under the provisions of this Section. Such sworn statement
7    shall identify the arrested person, such person's current
8    residence address and shall specify that a refusal by such
9    person to take the chemical test or tests was made. Such
10    sworn statement shall include a statement that the
11    arresting officer had reasonable cause to believe the
12    person was operating or was in actual physical control of
13    the watercraft within this State while under the influence
14    of alcohol, other drug or drugs, intoxicating compound or
15    compounds, or combination thereof and that such chemical
16    test or tests were made as an incident to and following the
17    lawful arrest for an offense as defined in this Section or
18    a similar provision of a local ordinance, and that the
19    person after being arrested for an offense arising out of
20    acts alleged to have been committed while so operating a
21    watercraft refused to submit to and complete a chemical
22    test or tests as requested by the law enforcement officer.
23        3.1. The law enforcement officer submitting the sworn
24    statement as provided in paragraph 3 of this subsection (B)
25    shall serve immediate written notice upon the person
26    refusing the chemical test or tests that the person's

 

 

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1    privilege to operate a watercraft within this State will be
2    suspended for a period of 2 years unless, within 28 days
3    from the date of the notice, the person requests in writing
4    a hearing on the suspension.
5        If the person desires a hearing, such person shall file
6    a complaint in the circuit court for and in the county in
7    which such person was arrested for such hearing. Such
8    hearing shall proceed in the court in the same manner as
9    other civil proceedings, shall cover only the issues of
10    whether the person was placed under arrest for an offense
11    as defined in this Section or a similar provision of a
12    local ordinance as evidenced by the issuance of a uniform
13    citation; whether the arresting officer had reasonable
14    grounds to believe that such person was operating a
15    watercraft while under the influence of alcohol, other drug
16    or drugs, intoxicating compound or compounds, or
17    combination thereof; and whether such person refused to
18    submit and complete the chemical test or tests upon the
19    request of the law enforcement officer. Whether the person
20    was informed that such person's privilege to operate a
21    watercraft would be suspended if such person refused to
22    submit to the chemical test or tests shall not be an issue.
23        If the person fails to request in writing a hearing
24    within 28 days from the date of notice, or if a hearing is
25    held and the court finds against the person on the issues
26    before the court, the clerk shall immediately notify the

 

 

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1    Department of Natural Resources, and the Department shall
2    suspend the watercraft operation privileges of the person
3    for at least 2 years.
4        3.2. If the person submits to a test that discloses an
5    alcohol concentration of 0.08 or more, or any amount of a
6    drug, substance or intoxicating compound in the person's
7    breath, blood, or urine resulting from the unlawful use of
8    cannabis listed in the Cannabis Control Act, a controlled
9    substance listed in the Illinois Controlled Substances
10    Act, or an intoxicating compound listed in the Use of
11    Intoxicating Compounds Act, the law enforcement officer
12    shall immediately submit a sworn report to the circuit
13    clerk of venue and the Department of Natural Resources,
14    certifying that the test or tests were requested under
15    paragraph 1 of this subsection (B) and the person submitted
16    to testing that disclosed an alcohol concentration of 0.08
17    or more.
18        In cases where the blood alcohol concentration of 0.08
19    or greater or any amount of drug, substance or compound
20    resulting from the unlawful use of cannabis, a controlled
21    substance or an intoxicating compound is established by a
22    subsequent analysis of blood or urine collected at the time
23    of arrest, the arresting officer or arresting agency shall
24    immediately submit a sworn report to the circuit clerk of
25    venue and the Department of Natural Resources upon receipt
26    of the test results.

 

 

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1        4. A person must submit to each chemical test offered
2    by the law enforcement officer in order to comply with the
3    implied consent provisions of this Section.
4        5. The provisions of Section 11-501.2 of the Illinois
5    Vehicle Code, as amended, concerning the certification and
6    use of chemical tests apply to the use of such tests under
7    this Section.
8    (C) Upon the trial of any civil or criminal action or
9proceeding arising out of acts alleged to have been committed
10by any person while operating a watercraft while under the
11influence of alcohol, the concentration of alcohol in the
12person's blood or breath at the time alleged as shown by
13analysis of a person's blood, urine, breath, or other bodily
14substance shall give rise to the presumptions specified in
15subdivisions 1, 2, and 3 of subsection (b) of Section 11-501.2
16of the Illinois Vehicle Code. The foregoing provisions of this
17subsection (C) shall not be construed as limiting the
18introduction of any other relevant evidence bearing upon the
19question whether the person was under the influence of alcohol.
20    (D) If a person under arrest refuses to submit to a
21chemical test under the provisions of this Section, evidence of
22refusal shall be admissible in any civil or criminal action or
23proceeding arising out of acts alleged to have been committed
24while the person under the influence of alcohol, other drug or
25drugs, intoxicating compound or compounds, or combination of
26them was operating a watercraft.

 

 

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1    (E) The owner of any watercraft or any person given
2supervisory authority over a watercraft, may not knowingly
3permit a watercraft to be operated by any person under the
4influence of alcohol, other drug or drugs, intoxicating
5compound or compounds, or combination thereof.
6    (F) Whenever any person is convicted or found guilty of a
7violation of this Section, including any person placed on court
8supervision, the court shall notify the Office of Law
9Enforcement of the Department of Natural Resources, to provide
10the Department with the records essential for the performance
11of the Department's duties to monitor and enforce any order of
12suspension or revocation concerning the privilege to operate a
13watercraft.
14    (G) No person who has been arrested and charged for
15violating paragraph 1 of subsection (A) of this Section shall
16operate any watercraft within this State for a period of 24
17hours after such arrest.
18    (H) In addition to any other fine or penalty required by
19law, an individual who is convicted of, or who pleads guilty
20to, a violation of this Section or a similar provision of a
21local ordinance shall pay to the circuit clerk a fee of $100 to
22be deposited into the Residential Substance Abuse Treatment
23Fund.
24(Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)
 
25    Section 25. The Cannabis Control Act is amended by changing

 

 

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1Section 12 as follows:
 
2    (720 ILCS 550/12)  (from Ch. 56 1/2, par. 712)
3    Sec. 12. (a) The following are subject to forfeiture:
4        (1) all substances containing cannabis which have been
5    produced, manufactured, delivered, or possessed in
6    violation of this Act;
7        (2) all raw materials, products and equipment of any
8    kind which are produced, delivered, or possessed in
9    connection with any substance containing cannabis in
10    violation of this Act;
11        (3) all conveyances, including aircraft, vehicles or
12    vessels, which are used, or intended for use, to transport,
13    or in any manner to facilitate the transportation, sale,
14    receipt, possession, or concealment of property described
15    in paragraph (1) or (2) that constitutes a felony violation
16    of the Act, but:
17            (i) no conveyance used by any person as a common
18        carrier in the transaction of business as a common
19        carrier is subject to forfeiture under this Section
20        unless it appears that the owner or other person in
21        charge of the conveyance is a consenting party or privy
22        to a violation of this Act;
23            (ii) no conveyance is subject to forfeiture under
24        this Section by reason of any act or omission which the
25        owner proves to have been committed or omitted without

 

 

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1        his knowledge or consent;
2            (iii) a forfeiture of a conveyance encumbered by a
3        bona fide security interest is subject to the interest
4        of the secured party if he neither had knowledge of nor
5        consented to the act or omission;
6        (4) all money, things of value, books, records, and
7    research products and materials including formulas,
8    microfilm, tapes, and data which are used, or intended for
9    use in a felony violation of this Act;
10        (5) everything of value furnished or intended to be
11    furnished by any person in exchange for a substance in
12    violation of this Act, all proceeds traceable to such an
13    exchange, and all moneys, negotiable instruments, and
14    securities used, or intended to be used, to commit or in
15    any manner to facilitate any felony violation of this Act;
16        (6) all real property, including any right, title, and
17    interest including, but not limited to, any leasehold
18    interest or the beneficial interest to a land trust, in the
19    whole of any lot or tract of land and any appurtenances or
20    improvements, that is used or intended to be used to
21    facilitate the manufacture, distribution, sale, receipt,
22    or concealment of property described in paragraph (1) or
23    (2) of this subsection (a) that constitutes a felony
24    violation of more than 2,000 grams of a substance
25    containing cannabis or that is the proceeds of any felony
26    violation of this Act.

 

 

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1    (b) Property subject to forfeiture under this Act may be
2seized by the Director or any peace officer upon process or
3seizure warrant issued by any court having jurisdiction over
4the property. Seizure by the Director or any peace officer
5without process may be made:
6        (1) if the property subject to seizure has been the
7    subject of a prior judgment in favor of the State in a
8    criminal proceeding or in an injunction or forfeiture
9    proceeding based upon this Act or the Drug Asset Forfeiture
10    Procedure Act;
11        (2) if there is probable cause to believe that the
12    property is directly or indirectly dangerous to health or
13    safety;
14        (3) if there is probable cause to believe that the
15    property is subject to forfeiture under this Act and the
16    property is seized under circumstances in which a
17    warrantless seizure or arrest would be reasonable; or
18        (4) in accordance with the Code of Criminal Procedure
19    of 1963.
20    (c) In the event of seizure pursuant to subsection (b),
21notice shall be given forthwith to all known interest holders
22that forfeiture proceedings, including a preliminary review,
23shall be instituted in accordance with the Drug Asset
24Forfeiture Procedure Act and such proceedings shall thereafter
25be instituted in accordance with that Act. Upon a showing of
26good cause, the notice required for a preliminary review under

 

 

HB6274- 28 -LRB098 21359 JWD 60052 b

1this Section may be postponed.
2    (c-1) In the event the State's Attorney is of the opinion
3that real property is subject to forfeiture under this Act,
4forfeiture proceedings shall be instituted in accordance with
5the Drug Asset Forfeiture Procedure Act. The exemptions from
6forfeiture provisions of Section 8 of the Drug Asset Forfeiture
7Procedure Act are applicable.
8    (d) Property taken or detained under this Section shall not
9be subject to replevin, but is deemed to be in the custody of
10the Director subject only to the order and judgments of the
11circuit court having jurisdiction over the forfeiture
12proceedings and the decisions of the State's Attorney under the
13Drug Asset Forfeiture Procedure Act. When property is seized
14under this Act, the seizing agency shall promptly conduct an
15inventory of the seized property, estimate the property's
16value, and shall forward a copy of the inventory of seized
17property and the estimate of the property's value to the
18Director. Upon receiving notice of seizure, the Director may:
19        (1) place the property under seal;
20        (2) remove the property to a place designated by him;
21        (3) keep the property in the possession of the seizing
22    agency;
23        (4) remove the property to a storage area for
24    safekeeping or, if the property is a negotiable instrument
25    or money and is not needed for evidentiary purposes,
26    deposit it in an interest bearing account;

 

 

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1        (5) place the property under constructive seizure by
2    posting notice of pending forfeiture on it, by giving
3    notice of pending forfeiture to its owners and interest
4    holders, or by filing notice of pending forfeiture in any
5    appropriate public record relating to the property; or
6        (6) provide for another agency or custodian, including
7    an owner, secured party, or lienholder, to take custody of
8    the property upon the terms and conditions set by the
9    Director.
10    (e) No disposition may be made of property under seal until
11the time for taking an appeal has elapsed or until all appeals
12have been concluded unless a court, upon application therefor,
13orders the sale of perishable substances and the deposit of the
14proceeds of the sale with the court.
15    (f) When property is forfeited under this Act the Director
16shall sell all such property unless such property is required
17by law to be destroyed or is harmful to the public, and shall
18distribute the proceeds of the sale, together with any moneys
19forfeited or seized, in accordance with subsection (g).
20However, upon the application of the seizing agency or
21prosecutor who was responsible for the investigation, arrest or
22arrests and prosecution which lead to the forfeiture, the
23Director may return any item of forfeited property to the
24seizing agency or prosecutor for official use in the
25enforcement of laws relating to cannabis or controlled
26substances, if the agency or prosecutor can demonstrate that

 

 

HB6274- 30 -LRB098 21359 JWD 60052 b

1the item requested would be useful to the agency or prosecutor
2in their enforcement efforts. When any forfeited conveyance,
3including an aircraft, vehicle, or vessel, is returned to the
4seizing agency or prosecutor, the conveyance may be used
5immediately in the enforcement of the criminal laws of this
6State. Upon disposal, all proceeds from the sale of the
7conveyance must be used for drug enforcement purposes. When any
8real property returned to the seizing agency is sold by the
9agency or its unit of government, the proceeds of the sale
10shall be delivered to the Director and distributed in
11accordance with subsection (g).
12    (g) All monies and the sale proceeds of all other property
13forfeited and seized under this Act shall be distributed as
14follows:
15        (1)(i) 65% shall be distributed to the metropolitan
16    enforcement group, local, municipal, county, or state law
17    enforcement agency or agencies which conducted or
18    participated in the investigation resulting in the
19    forfeiture. The distribution shall bear a reasonable
20    relationship to the degree of direct participation of the
21    law enforcement agency in the effort resulting in the
22    forfeiture, taking into account the total value of the
23    property forfeited and the total law enforcement effort
24    with respect to the violation of the law upon which the
25    forfeiture is based. Amounts distributed to the agency or
26    agencies shall be used for the enforcement of laws

 

 

HB6274- 31 -LRB098 21359 JWD 60052 b

1    governing cannabis and controlled substances or for
2    security cameras used for the prevention or detection of
3    violence, except that amounts distributed to the Secretary
4    of State shall be deposited into the Secretary of State
5    Evidence Fund to be used as provided in Section 2-115 of
6    the Illinois Vehicle Code.
7        (ii) Any local, municipal, or county law enforcement
8    agency entitled to receive a monetary distribution of
9    forfeiture proceeds may share those forfeiture proceeds
10    pursuant to the terms of an intergovernmental agreement
11    with a municipality that has a population in excess of
12    20,000 if:
13            (I) the receiving agency has entered into an
14        intergovernmental agreement with the municipality to
15        provide police services;
16            (II) the intergovernmental agreement for police
17        services provides for consideration in an amount of not
18        less than $1,000,000 per year;
19            (III) the seizure took place within the
20        geographical limits of the municipality; and
21            (IV) the funds are used only for the enforcement of
22        laws governing cannabis and controlled substances or
23        for security cameras used for the prevention or
24        detection of violence or the establishment of a
25        municipal police force, including the training of
26        officers, construction of a police station, the

 

 

HB6274- 32 -LRB098 21359 JWD 60052 b

1        purchase of law enforcement equipment, or vehicles.
2        (2)(i) 12.5% shall be distributed to the Office of the
3    State's Attorney of the county in which the prosecution
4    resulting in the forfeiture was instituted, deposited in a
5    special fund in the county treasury and appropriated to the
6    State's Attorney for use in the enforcement of laws
7    governing cannabis and controlled substances, or at the
8    discretion of the State's Attorney, in addition to other
9    authorized purposes, to make grants to local substance
10    abuse treatment facilities and half-way houses, or to
11    deposit moneys into the Residential Substance Abuse
12    Treatment Fund. In counties over 3,000,000 population, 25%
13    will be distributed to the Office of the State's Attorney
14    for use in the enforcement of laws governing cannabis and
15    controlled substances, or at the discretion of the State's
16    Attorney, in addition to other authorized purposes, to make
17    grants to local substance abuse treatment facilities and
18    half-way houses, or to deposit moneys into the Residential
19    Substance Abuse Treatment Fund. If the prosecution is
20    undertaken solely by the Attorney General, the portion
21    provided hereunder shall be distributed to the Attorney
22    General for use in the enforcement of laws governing
23    cannabis and controlled substances.
24        (ii) 12.5% shall be distributed to the Office of the
25    State's Attorneys Appellate Prosecutor and deposited in
26    the Narcotics Profit Forfeiture Fund of that Office to be

 

 

HB6274- 33 -LRB098 21359 JWD 60052 b

1    used for additional expenses incurred in the
2    investigation, prosecution and appeal of cases arising
3    under laws governing cannabis and controlled substances.
4    The Office of the State's Attorneys Appellate Prosecutor
5    shall not receive distribution from cases brought in
6    counties with over 3,000,000 population.
7        (3) 10% shall be retained by the Department of State
8    Police for expenses related to the administration and sale
9    of seized and forfeited property.
10(Source: P.A. 97-253, eff. 1-1-12; 97-544, eff. 1-1-12; 97-813,
11eff. 7-13-12; 97-985, eff. 1-1-13.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.