Public Act 098-0292
 
SB1849 EnrolledLRB098 04177 MLW 34200 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 11-501.01 as follows:
 
    (625 ILCS 5/11-501.01)

    Sec. 11-501.01. Additional administrative sanctions.
    (a) 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 Section 11-501 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, and undergo the imposition of 
treatment as appropriate. 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.
    (b) Any person who is found guilty of or pleads guilty to 
violating Section 11-501, including any person receiving a 
disposition of court supervision for violating that Section, 
may be required by the Court to attend a victim impact panel 
offered by, or under contract with, a county State's Attorney's 
office, a probation and court services department, Mothers 
Against Drunk Driving, or the Alliance Against Intoxicated 
Motorists. All costs generated by the victim impact panel shall 
be paid from fees collected from the offender or as may be 
determined by the court.
    (c) Every person found guilty of violating Section 11-501, 
whose operation of a motor vehicle while in violation of that 
Section proximately caused any incident resulting in an 
appropriate emergency response, shall be liable for the expense 
of an emergency response as provided in subsection (i) of this 
Section.
    (d) The Secretary of State shall revoke the driving 
privileges of any person convicted under Section 11-501 or a 
similar provision of a local ordinance.
    (e) The Secretary of State shall require the use of 
ignition interlock devices on all vehicles owned by a person 
who has been convicted of a second or subsequent offense of 
Section 11-501 or a similar provision of a local ordinance. The 
person must pay to the Secretary of State DUI Administration 
Fund an amount not to exceed $30 for each month that he or she 
uses the device. The Secretary shall establish by rule and 
regulation the procedures for certification and use of the 
interlock system, the amount of the fee, and the procedures, 
terms, and conditions relating to these fees.
    (f) In addition to any other penalties and liabilities, a 
person who is found guilty of or pleads guilty to violating 
Section 11-501, including any person placed on court 
supervision for violating Section 11-501, shall be assessed 
$750, payable to the circuit clerk, who shall distribute the 
money as follows: $350  to the law enforcement agency that made 
the arrest, and $400 shall be forwarded to the State Treasurer 
for deposit into the General Revenue Fund. If the person has 
been previously convicted of violating Section 11-501 or a 
similar provision of a local ordinance, the fine shall be 
$1,000, and the circuit clerk shall distribute
$200 to the law 
enforcement agency that
made the arrest and $800 to the State

Treasurer for deposit into the General Revenue Fund. In the 
event that more than one agency is responsible for the arrest, 
the amount payable to law enforcement agencies shall be shared 
equally. Any moneys received by a law enforcement agency under 
this subsection (f) shall be used for enforcement and 
prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by Section 11-501 of this Code, 
including but not limited to the purchase of law enforcement 
equipment and commodities that will assist in the prevention of 
alcohol related criminal violence throughout the State; police 
officer training and education in areas related to alcohol 
related crime, including but not limited to DUI training; and 
police officer salaries, including but not limited to salaries 
for hire back funding for safety checkpoints, saturation 
patrols, and liquor store sting operations. Any moneys received 
by the Department of State Police under this subsection (f) 
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.
    (g) The Secretary of State Police DUI Fund is created as a 
special fund in the State treasury. All moneys received by the 
Secretary of State Police under subsection (f) of this Section 
shall be deposited into the Secretary of State Police DUI Fund 
and, subject to appropriation, shall be used for enforcement 
and prevention of driving while under the influence of alcohol, 
other drug or drugs, intoxicating compound or compounds or any 
combination thereof, as defined by Section 11-501 of this Code, 
including but not limited to the purchase of law enforcement 
equipment and commodities to assist in the prevention of 
alcohol related criminal violence throughout the State; police 
officer training and education in areas related to alcohol 
related crime, including but not limited to DUI training; and 
police officer salaries, including but not limited to salaries 
for hire back funding for safety checkpoints, saturation 
patrols, and liquor store sting operations.
    (h) Whenever an individual is sentenced for an offense 
based upon an arrest for a violation of Section 11-501 or a 
similar provision of a local ordinance, and the professional 
evaluation recommends remedial or rehabilitative treatment or 
education, neither the treatment nor the education shall be the 
sole disposition and either or both may be imposed only in 
conjunction with another disposition. The court shall monitor 
compliance with any remedial education or treatment 
recommendations contained in the professional evaluation. 
Programs conducting alcohol or other drug evaluation or 
remedial education must be licensed by the Department of Human 
Services. If the individual is not a resident of Illinois, 
however, the court may accept an alcohol or other drug 
evaluation or remedial education program in the individual's 
state of residence. Programs providing treatment must be 
licensed under existing applicable alcoholism and drug 
treatment licensure standards.
    (i) In addition to any other fine or penalty required by 
law, an individual convicted of a violation of Section 11-501, 
Section 5-7 of the Snowmobile Registration and Safety Act, 
Section 5-16 of the Boat Registration and Safety Act, or a 
similar provision, whose operation of a motor vehicle, 
snowmobile, or watercraft while in violation of Section 11-501, 
Section 5-7 of the Snowmobile Registration and Safety Act, 
Section 5-16 of the Boat Registration and Safety Act, or a 
similar provision proximately caused an incident resulting in 
an appropriate emergency response, shall be required to make 
restitution to a public agency for the costs of that emergency 
response. The restitution may not exceed $1,000 per public 
agency for each emergency response. As used in this subsection 
(i), "emergency response" means any incident requiring a 
response by a police officer, a firefighter carried on the 
rolls of a regularly constituted fire department, or an 
ambulance. With respect to funds designated for the Department 
of State Police, the moneys shall be remitted by the circuit 
court clerk to the State Police within one month after receipt 
for deposit into the State Police DUI Fund.  With respect to 
funds designated for the Department of Natural Resources, the 
Department of Natural Resources shall deposit the moneys into 
the Conservation Police Operations Assistance Fund.

    (j) A person that is subject to a chemical test or tests of 
blood under subsection (a) of Section 11-501.1 or subdivision 
(c)(2) of Section 11-501.2 of this Code, whether or not that 
person consents to testing, shall be liable for the expense up 
to $500 for blood withdrawal by a physician authorized to 
practice medicine, a licensed physician assistant, a licensed 
advanced practice nurse, a registered nurse, a trained 
phlebotomist, a certified paramedic, or a qualified person 
other than a police officer approved by the Department of State 
Police to withdraw blood, who responds, whether at a law 
enforcement facility or a health care facility, to a police 
department request for the drawing of blood based upon refusal 
of the person to submit to a lawfully requested breath test or 
probable cause exists to believe the test would disclose the 
ingestion, consumption, or use of drugs or intoxicating 
compounds if:
        (1) the person is found guilty of  violating Section 
    11-501 of this Code or a similar provision of a local 
    ordinance; or
        (2) the person pleads guilty to or stipulates to facts 
    supporting a violation of Section 11-503 of this Code  or a 
    similar provision of a local ordinance when the plea or 
    stipulation was the result of a plea agreement in which the 
    person was originally charged with violating Section 
    11-501 of this Code or a similar local ordinance.
(Source: P.A. 96-1342, eff. 1-1-11; 97-931, eff. 1-1-13; 
97-1050, eff. 1-1-13; revised 8-23-12.)