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| Public Act 094-0740 |
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AN ACT concerning driving offenses.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by | ||||
changing Section 1-2-1.2 as follows: | ||||
(65 ILCS 5/1-2-1.2)
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Sec. 1-2-1.2. Felony DUI prosecutions prohibited. | ||||
(a) A unit of local government, including a home rule unit, | ||||
may not enforce any ordinance that prohibits driving under the | ||||
influence of alcohol, other drug or drugs, intoxicating | ||||
compound or compounds, or any combination thereof if, based on | ||||
the alleged facts of the case or the defendant's driving | ||||
history or record, the offense charged would constitute a | ||||
felony under Section 11-501 of the Illinois Vehicle Code, | ||||
unless the State's Attorney rejects or denies felony charges | ||||
for the conduct that comprises the charge. | ||||
(b) A municipal attorney must (i) review the driving record | ||||
of any defendant accused of violating any ordinance that | ||||
prohibits driving under the influence of alcohol, other drug or | ||||
drugs, intoxicating compound or compounds, or any combination | ||||
thereof and (ii) if the offense charged would constitute a | ||||
felony under Section 11-501 of the Illinois Vehicle Code, | ||||
notify the State's Attorney of the county of the felony | ||||
charges. | ||||
(c) This Section is a denial and limitation of home rule | ||||
powers and functions under subsection (g) of Section 6 of | ||||
Article VII of the Illinois Constitution.
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(Source: P.A. 94-111, eff. 1-1-06.) | ||||
Section 10. The Illinois Vehicle Code is amended by | ||||
changing Sections 11-208.5 and 16-102 as follows: | ||||
(625 ILCS 5/11-208.5)
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Sec. 11-208.5. Prosecution of felony DUI by local | ||
authorities prohibited. | ||
(a) The powers of a local authority to enact or enforce any | ||
ordinance or rule with respect to the streets or highways under | ||
its jurisdiction relating to driving under the influence of | ||
alcohol, other drug or drugs, intoxicating compound or | ||
compounds, or any combination thereof is limited to the | ||
enactment and enforcement of ordinances or rules the violation | ||
of which would constitute a misdemeanor under Section 11-501 of | ||
the Illinois Vehicle Code. | ||
(b) A local authority may not enact or enforce any | ||
ordinance or rule with respect to streets and highways under | ||
its jurisdiction if a violation of that ordinance or rule would | ||
constitute a felony under Section 11-501 of the Illinois | ||
Vehicle Code. The municipality may, however, charge an offender | ||
with a municipal misdemeanor offense if the State's Attorney | ||
rejects or denies felony charges for the conduct that comprises | ||
the charge.
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(c) A municipal attorney who is aware that, based on a | ||
driver's history, the driver is subject to prosecution for a | ||
felony under Section 11-501 of the Illinois Vehicle Code, must | ||
notify the State's Attorney of that county of the driver's | ||
conduct and may not prosecute the driver on behalf of the | ||
municipality.
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(Source: P.A. 94-111, eff. 1-1-06.)
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(625 ILCS 5/16-102) (from Ch. 95 1/2, par. 16-102)
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Sec. 16-102. Arrests - Investigations - Prosecutions. | ||
(a) The State Police shall patrol the public highways and | ||
make arrests
for violation of the provisions of this Act.
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(b) The Secretary of State, through the investigators | ||
provided for in
this Act shall investigate and report | ||
violations of the provisions of
this Act in relation to the | ||
equipment and operation of vehicles as
provided for in Section | ||
2-115 and for such purposes these investigators
have and may | ||
exercise throughout the State all of the powers of police | ||
officers.
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(c) The State's Attorney of the county in which the | ||
violation occurs
shall prosecute all violations except when the | ||
violation occurs within
the corporate limits of a municipality, | ||
the municipal attorney may
prosecute if written permission to | ||
do so is obtained from the State's
Attorney. | ||
(d) The State's Attorney of the county in which the | ||
violation occurs may not grant to the municipal attorney | ||
permission to prosecute if the offense charged is a felony | ||
under Section 11-501 of this Code. The municipality may, | ||
however, charge an offender with a municipal misdemeanor | ||
offense if the State's Attorney rejects or denies felony | ||
charges for the conduct that comprises the charge.
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(Source: P.A. 94-111, eff. 1-1-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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