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Public Act 91-0822
SB1498 Enrolled LRB9112784DHmb
AN ACT in relation to fines for driving under the
influence of alcohol or drugs.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Section 5.414 as follows:
(30 ILCS 105/5.414)
Sec. 5.414. The State Police Crime Laboratory DUI Fund.
(Source: P.A. 89-54, eff. 6-30-95; 89-626, eff. 8-9-96.)
Section 10. The Illinois Vehicle Code is amended by
changing Section 11-501 as follows:
(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) Except as provided under paragraphs (c-3) and (d) of
this Section, every person convicted of violating this
Section or a similar provision of a local ordinance, shall be
guilty of a Class A misdemeanor and, in addition to any other
criminal or administrative action, for any second conviction
of violating this Section or a similar provision of a law of
another state or local ordinance committed within 5 years of
a previous violation of this Section or a similar provision
of a local ordinance shall be mandatorily sentenced to a
minimum of 48 consecutive hours of imprisonment or assigned
to a minimum of 100 hours of community service as may be
determined by the court. Every person convicted of violating
this Section or a similar provision of a local ordinance
shall be subject to a mandatory minimum fine of $500 and a
mandatory 5 days of community service in a program benefiting
children if the person committed a violation of paragraph (a)
or a similar provision of a local ordinance while
transporting a person under age 16. Every person convicted a
second time for violating this Section or a similar provision
of a local ordinance within 5 years of a previous violation
of this Section or a similar provision of a law of another
state or local ordinance shall be subject to a mandatory
minimum fine of $500 and 10 days of mandatory community
service in a program benefiting children if the current
offense was committed while transporting a person under age
16. The imprisonment or assignment under this subsection
shall not be subject to suspension nor shall the person be
eligible for probation in order to reduce the sentence or
assignment.
(c-1) (1) A person who violates this Section during a
period in which his or her driving privileges are revoked
or suspended, where the revocation or suspension was for
a violation of this Section, Section 11-501.1, paragraph
(b) of Section 11-401, or Section 9-3 of the Criminal
Code of 1961 is guilty of a Class 4 felony.
(2) A person who violates this Section a third time
during a period in which his or her driving privileges
are revoked or suspended where the revocation or
suspension was for a violation of this Section, Section
11-501.1, paragraph (b) of Section 11-401, or Section 9-3
of the Criminal Code of 1961 is guilty of a Class 3
felony.
(3) A person who violates this Section a fourth or
subsequent time during a period in which his or her
driving privileges are revoked or suspended where the
revocation or suspension was for a violation of this
Section, Section 11-501.1, paragraph (b) of Section
11-401, or Section 9-3 of the Criminal Code of 1961 is
guilty of a Class 2 felony.
(c-2) (Blank).
(c-3) Every person convicted of violating this Section
or a similar provision of a local ordinance who had a child
under age 16 in the vehicle at the time of the offense shall
have his or her punishment under this Act enhanced by 2 days
of imprisonment for a first offense, 10 days of imprisonment
for a second offense, 30 days of imprisonment for a third
offense, and 90 days of imprisonment for a fourth or
subsequent offense, in addition to the fine and community
service required under subsection (c) and the possible
imprisonment required under subsection (d). The imprisonment
or assignment under this subsection shall not be subject to
suspension nor shall the person be eligible for probation in
order to reduce the sentence or assignment.
(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 this
Section, or a similar provision of a law of another state
or a local ordinance when the cause of action is the same
as or substantially similar to this Section, for the
third or subsequent time;
(B) the person committed a violation of paragraph
(a) while driving a school bus with children on board;
(C) the person in committing a violation of
paragraph (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; or
(D) the person committed a violation of paragraph
(a) for a second time and has been previously convicted
of violating Section 9-3 of the Criminal Code of 1961
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) of this
paragraph (1).
(2) Aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds,
or any combination thereof is a Class 4 felony for which a
person, if sentenced to a term of imprisonment, shall be
sentenced to not less than one year and not more than 3 years
for a violation of subparagraph (A), (B) or (D) of paragraph
(1) of this subsection (d) and not less than one year and not
more than 12 years for a violation of subparagraph (C) of
paragraph (1) of this subsection (d). 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.
(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. 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.
(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) Every person sentenced under subsection (d) of this
Section and who receives a term of probation or conditional
discharge shall be required to serve a minimum term of either
30 days community service or, beginning July 1, 1993, 48
consecutive hours of imprisonment as a condition of the
probation or conditional discharge. This mandatory minimum
term of imprisonment or assignment of community service shall
not be suspended and shall not be subject to reduction by the
court.
(i) The Secretary of State may use ignition interlock
device requirements when granting driving relief to
individuals who have been arrested for 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 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
this Section, including any person placed on court
supervision for violating this Section, shall be fined $100,
payable to the circuit clerk, who shall distribute the money
to the law enforcement agency that made the arrest. In the
event that more than one agency is responsible for the
arrest, the $100 shall be shared equally. Any moneys
received by a law enforcement agency under this subsection
(j) 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 (j) 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.
(Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
eff. 7-29-99.)
Section 15. The Unified Code of Corrections is amended
by changing Section 5-9-1.9 as follows:
(730 ILCS 5/5-9-1.9)
Sec. 5-9-1.9. DUI analysis fee.
(a) "Crime laboratory" means a not-for-profit laboratory
substantially funded by a single unit or combination of units
of local government or the State of Illinois that regularly
employs at least one person engaged in the DUI analysis of
blood and urine for criminal justice agencies in criminal
matters and provides testimony with respect to such
examinations.
"DUI analysis" means an analysis of blood or urine for
purposes of determining whether a violation of Section 11-501
of the Illinois Vehicle Code has occurred.
(b) When a person has been adjudged guilty of an offense
in violation of Section 11-501 of the Illinois Vehicle Code,
in addition to any other disposition, penalty, or fine
imposed, a crime laboratory DUI analysis fee of $150 for each
offense for which the person was convicted shall be levied by
the court for each case in which a laboratory analysis
occurred. Upon verified petition of the person, the court
may suspend payment of all or part of the fee if it finds
that the person does not have the ability to pay the fee.
(c) In addition to any other disposition made under the
provisions of the Juvenile Court Act of 1987, any minor
adjudicated delinquent for an offense which if committed by
an adult would constitute a violation of Section 11-501 of
the Illinois Vehicle Code shall be assessed a crime
laboratory DUI analysis fee of $150 for each adjudication.
Upon verified petition of the minor, the court may suspend
payment of all or part of the fee if it finds that the minor
does not have the ability to pay the fee. The parent,
guardian, or legal custodian of the minor may pay some or all
of the fee on the minor's behalf.
(d) All crime laboratory DUI analysis fees provided for
by this Section shall be collected by the clerk of the court
and forwarded to the appropriate crime laboratory DUI fund as
provided in subsection (f).
(e) Crime laboratory funds shall be established as
follows:
(1) A unit of local government that maintains a
crime laboratory may establish a crime laboratory DUI
fund within the office of the county or municipal
treasurer.
(2) Any combination of units of local government
that maintains a crime laboratory may establish a crime
laboratory DUI fund within the office of the treasurer of
the county where the crime laboratory is situated.
(3) The State Police Crime Laboratory DUI Fund is
created as a special fund in the State Treasury.
(f) The analysis fee provided for in subsections (b) and
(c) of this Section shall be forwarded to the office of the
treasurer of the unit of local government that performed the
analysis if that unit of local government has established a
crime laboratory DUI fund, or to the State Treasurer for
deposit into the State Police Crime Laboratory DUI Fund if
the analysis was performed by a laboratory operated by the
Department of State Police. If the analysis was performed by
a crime laboratory funded by a combination of units of local
government, the analysis fee shall be forwarded to the
treasurer of the county where the crime laboratory is
situated if a crime laboratory DUI fund has been established
in that county. If the unit of local government or
combination of units of local government has not established
a crime laboratory DUI fund, then the analysis fee shall be
forwarded to the State Treasurer for deposit into the State
Police Crime Laboratory DUI Fund. The clerk of the circuit
court may retain the amount of $10 from each collected
analysis fee to offset administrative costs incurred in
carrying out the clerk's responsibilities under this Section.
(g) Fees deposited into a crime laboratory DUI fund
created under paragraphs (1) and (2) of subsection (e) of
this Section shall be in addition to any allocations made
pursuant to existing law and shall be designated for the
exclusive use of the crime laboratory. These uses may
include, but are not limited to, the following:
(1) Costs incurred in providing analysis for DUI
investigations conducted within this State.
(2) Purchase and maintenance of equipment for use
in performing analyses.
(3) Continuing education, training, and
professional development of forensic scientists regularly
employed by these laboratories.
(h) Fees deposited in the State Police Crime Laboratory
DUI Fund created under paragraph (3) of subsection (e) of
this Section shall be used by State crime laboratories as
designated by the Director of State Police. These funds
shall be in addition to any allocations made according to
existing law and shall be designated for the exclusive use of
State crime laboratories. These uses may include those
enumerated in subsection (g) of this Section.
(Source: P.A. 89-54, eff. 6-30-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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