HB4577 EnrolledLRB097 15094 HEP 60190 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 11-501.01 and 16-104a as follows:
 
6    (625 ILCS 5/11-501.01)
7    Sec. 11-501.01. Additional administrative sanctions.
8    (a) After a finding of guilt and prior to any final
9sentencing or an order for supervision, for an offense based
10upon an arrest for a violation of Section 11-501 or a similar
11provision of a local ordinance, individuals shall be required
12to undergo a professional evaluation to determine if an
13alcohol, drug, or intoxicating compound abuse problem exists
14and the extent of the problem, and undergo the imposition of
15treatment as appropriate. Programs conducting these
16evaluations shall be licensed by the Department of Human
17Services. The cost of any professional evaluation shall be paid
18for by the individual required to undergo the professional
19evaluation.
20    (b) Any person who is found guilty of or pleads guilty to
21violating Section 11-501, including any person receiving a
22disposition of court supervision for violating that Section,
23may be required by the Court to attend a victim impact panel

 

 

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

 

 

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1person who is found guilty of or pleads guilty to violating
2Section 11-501, including any person placed on court
3supervision for violating Section 11-501, shall be assessed
4$750, payable to the circuit clerk, who shall distribute the
5money as follows: $350 to the law enforcement agency that made
6the arrest, and $400 shall be forwarded to the State Treasurer
7for deposit into the General Revenue Fund. If the person has
8been previously convicted of violating Section 11-501 or a
9similar provision of a local ordinance, the fine shall be
10$1,000, and the circuit clerk shall distribute $200 to the law
11enforcement agency that made the arrest and $800 to the State
12Treasurer for deposit into the General Revenue Fund. In the
13event that more than one agency is responsible for the arrest,
14the amount payable to law enforcement agencies shall be shared
15equally. Any moneys received by a law enforcement agency under
16this subsection (f) shall be used to purchase law enforcement
17equipment that will assist in the prevention of alcohol related
18criminal violence throughout the State. This shall include, but
19is not limited to, in-car video cameras, radar and laser speed
20detection devices, and alcohol breath testers. Any moneys
21received by the Department of State Police under this
22subsection (f) shall be deposited into the State Police DUI
23Fund and shall be used to purchase law enforcement equipment
24that will assist in the prevention of alcohol related criminal
25violence throughout the State.
26    (g) The Secretary of State Police DUI Fund is created as a

 

 

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1special fund in the State treasury. All moneys received by the
2Secretary of State Police under subsection (f) of this Section
3shall be deposited into the Secretary of State Police DUI Fund
4and, subject to appropriation, shall be used to purchase law
5enforcement equipment to assist in the prevention of alcohol
6related criminal violence throughout the State.
7    (h) Whenever an individual is sentenced for an offense
8based upon an arrest for a violation of Section 11-501 or a
9similar provision of a local ordinance, and the professional
10evaluation recommends remedial or rehabilitative treatment or
11education, neither the treatment nor the education shall be the
12sole disposition and either or both may be imposed only in
13conjunction with another disposition. The court shall monitor
14compliance with any remedial education or treatment
15recommendations contained in the professional evaluation.
16Programs conducting alcohol or other drug evaluation or
17remedial education must be licensed by the Department of Human
18Services. If the individual is not a resident of Illinois,
19however, the court may accept an alcohol or other drug
20evaluation or remedial education program in the individual's
21state of residence. Programs providing treatment must be
22licensed under existing applicable alcoholism and drug
23treatment licensure standards.
24    (i) In addition to any other fine or penalty required by
25law, an individual convicted of a violation of Section 11-501,
26Section 5-7 of the Snowmobile Registration and Safety Act,

 

 

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1Section 5-16 of the Boat Registration and Safety Act, or a
2similar provision, whose operation of a motor vehicle,
3snowmobile, or watercraft while in violation of Section 11-501,
4Section 5-7 of the Snowmobile Registration and Safety Act,
5Section 5-16 of the Boat Registration and Safety Act, or a
6similar provision proximately caused an incident resulting in
7an appropriate emergency response, shall be required to make
8restitution to a public agency for the costs of that emergency
9response. The restitution may not exceed $1,000 per public
10agency for each emergency response. As used in this subsection
11(i), "emergency response" means any incident requiring a
12response by a police officer, a firefighter carried on the
13rolls of a regularly constituted fire department, or an
14ambulance. With respect to funds designated for the Department
15of State Police, the moneys shall be remitted by the circuit
16court clerk to the State Police within one month after receipt
17for deposit into the State Police DUI Fund. With respect to
18funds designated for the Department of Natural Resources, the
19Department of Natural Resources shall deposit the moneys into
20the Conservation Police Operations Assistance Fund.
21(Source: P.A. 95-578, eff. 6-1-08; 95-848, eff. 1-1-09;
2296-1342, eff. 1-1-11.)
 
23    (625 ILCS 5/16-104a)  (from Ch. 95 1/2, par. 16-104a)
24    Sec. 16-104a. Additional penalty for certain violations.
25    (a) There is added to every fine imposed upon conviction of

 

 

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1an offense reportable to the Secretary of State under the
2provisions of subdivision (a)(2) of Section 6-204 of this Act
3an additional penalty of $4 for each $40, or fraction thereof,
4of fine imposed. Each such additional penalty received shall be
5remitted within one month to the State Treasurer to be
6deposited into the Drivers Education Fund, unless the
7additional penalty is subject to disbursement by the circuit
8clerk under Section 27.5 of the Clerks of Courts Act. Such
9additional amounts shall be assessed by the court and shall be
10collected by the Clerk of the Circuit Court in addition to the
11fine and costs in the case. Such additional penalty shall not
12be considered a part of the fine for purposes of any reduction
13made in the fine for time served either before or after
14sentencing. Not later than March 1 of each year the Clerk of
15the Circuit Court shall submit to the State Comptroller a
16report of the amount of funds remitted by him to the State
17Treasurer under this Section during the preceding calendar
18year. Except as otherwise provided by Supreme Court Rules, if a
19court in sentencing an offender levies a gross amount for fine,
20costs, fees and penalties, the amount of the additional penalty
21provided for herein shall be computed on the amount remaining
22after deducting from the gross amount levied all fees of the
23Circuit Clerk, the State's Attorney and the Sheriff. After
24deducting from the gross amount levied the fees and additional
25penalty provided for herein, less any other additional
26penalties provided by law, the clerk shall remit the net

 

 

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1balance remaining to the entity authorized by law to receive
2the fine imposed in the case. For purposes of this Section
3"fees of the Circuit Clerk" shall include, if applicable, the
4fee provided for under Section 27.3a of the Clerks of Courts
5Act and the fee, if applicable, payable to the county in which
6the violation occurred pursuant to Section 5-1101 of the
7Counties Code.
8    When bail is forfeited for failure to appear in connection
9with an offense reportable to the Secretary of State under
10subdivision (a)(2) of Section 6-204 of this Act, and no fine is
11imposed ex parte, $4 of every $40 cash deposit, or fraction
12thereof, given to secure appearance shall be remitted within
13one month to the State Treasurer to be deposited into the
14Drivers Education Fund, unless the bail is subject to
15disbursement by the circuit clerk under Section 27.5 of the
16Clerks of Courts Act.
17    (b) In addition to any other fine or penalty required by
18law for a person convicted of a violation of Section 11-503 or
1911-601.5 of this Code or a similar provision of a local
20ordinance, the court may, in its discretion, require the person
21to pay an additional criminal penalty that shall be distributed
22in its entirety to a public agency that provided an emergency
23response related to the person's violation. The criminal
24penalty may not exceed $100 per public agency for each
25emergency response provided for a first violation of Section
2611-503 or 11-601.5 of this Code or a similar provision of a

 

 

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1local ordinance. The criminal penalty may not exceed $500 per
2public agency for each emergency response provided for a second
3or subsequent violation of Section 11-503 or 11-601.5 of this
4Code or a similar provision of a local ordinance. As used in
5this subsection, "emergency response" means any incident
6requiring a response by a police officer, an ambulance, a
7firefighter carried on the rolls of a regularly constituted
8fire department or fire protection district, a firefighter of a
9volunteer fire department, or a member if a recognized
10not-for-profit rescue or emergency medical service provider.
11With respect to funds designated for the Department of State
12Police, the moneys shall be remitted by the circuit court clerk
13to the State Police within one month after receipt for deposit
14into the State Police Operations Assistance Fund. With respect
15to funds designated for the Department of Natural Resources,
16the Department of Natural Resources shall deposit the moneys
17into the Conservation Police Operations Assistance Fund.
18(Source: P.A. 96-1173, eff. 7-22-10.)