Full Text of SB1849 98th General Assembly
SB1849enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 11-501.01 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 | 9 | | sentencing or an order for supervision, for an offense based | 10 | | upon an arrest for a violation of Section 11-501 or a similar | 11 | | provision of a local ordinance, individuals shall be required | 12 | | to undergo a professional evaluation to determine if an | 13 | | alcohol, drug, or intoxicating compound abuse problem exists | 14 | | and the extent of the problem, and undergo the imposition of | 15 | | treatment as appropriate. Programs conducting these | 16 | | evaluations shall be licensed by the Department of Human | 17 | | Services. The cost of any professional evaluation shall be paid | 18 | | for by the individual required to undergo the professional | 19 | | evaluation. | 20 | | (b) Any person who is found guilty of or pleads guilty to | 21 | | violating Section 11-501, including any person receiving a | 22 | | disposition of court supervision for violating that Section, | 23 | | may be required by the Court to attend a victim impact panel |
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| 1 | | offered by, or under contract with, a county State's Attorney's | 2 | | office, a probation and court services department, Mothers | 3 | | Against Drunk Driving, or the Alliance Against Intoxicated | 4 | | Motorists. All costs generated by the victim impact panel shall | 5 | | be paid from fees collected from the offender or as may be | 6 | | determined by the court. | 7 | | (c) Every person found guilty of violating Section 11-501, | 8 | | whose operation of a motor vehicle while in violation of that | 9 | | Section proximately caused any incident resulting in an | 10 | | appropriate emergency response, shall be liable for the expense | 11 | | of an emergency response as provided in subsection (i) of this | 12 | | Section. | 13 | | (d) The Secretary of State shall revoke the driving | 14 | | privileges of any person convicted under Section 11-501 or a | 15 | | similar provision of a local ordinance. | 16 | | (e) The Secretary of State shall require the use of | 17 | | ignition interlock devices on all vehicles owned by a person | 18 | | who has been convicted of a second or subsequent offense of | 19 | | Section 11-501 or a similar provision of a local ordinance. The | 20 | | person must pay to the Secretary of State DUI Administration | 21 | | Fund an amount not to exceed $30 for each month that he or she | 22 | | uses the device. The Secretary shall establish by rule and | 23 | | regulation the procedures for certification and use of the | 24 | | interlock system, the amount of the fee, and the procedures, | 25 | | terms, and conditions relating to these fees. | 26 | | (f) In addition to any other penalties and liabilities, a |
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| 1 | | person who is found guilty of or pleads guilty to violating | 2 | | Section 11-501, including any person placed on court | 3 | | supervision for violating Section 11-501, shall be assessed | 4 | | $750, payable to the circuit clerk, who shall distribute the | 5 | | money as follows: $350 to the law enforcement agency that made | 6 | | the arrest, and $400 shall be forwarded to the State Treasurer | 7 | | for deposit into the General Revenue Fund. If the person has | 8 | | been previously convicted of violating Section 11-501 or a | 9 | | similar provision of a local ordinance, the fine shall be | 10 | | $1,000, and the circuit clerk shall distribute
$200 to the law | 11 | | enforcement agency that
made the arrest and $800 to the State
| 12 | | Treasurer for deposit into the General Revenue Fund. In the | 13 | | event that more than one agency is responsible for the arrest, | 14 | | the amount payable to law enforcement agencies shall be shared | 15 | | equally. Any moneys received by a law enforcement agency under | 16 | | this subsection (f) shall be used for enforcement and | 17 | | prevention of driving while under the influence of alcohol, | 18 | | other drug or drugs, intoxicating compound or compounds or any | 19 | | combination thereof, as defined by Section 11-501 of this Code, | 20 | | including but not limited to the purchase of law enforcement | 21 | | equipment and commodities that will assist in the prevention of | 22 | | alcohol related criminal violence throughout the State; police | 23 | | officer training and education in areas related to alcohol | 24 | | related crime, including but not limited to DUI training; and | 25 | | police officer salaries, including but not limited to salaries | 26 | | for hire back funding for safety checkpoints, saturation |
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| 1 | | patrols, and liquor store sting operations. Any moneys received | 2 | | by the Department of State Police under this subsection (f) | 3 | | shall be deposited into the State Police DUI Fund and shall be | 4 | | used to purchase law enforcement equipment that will assist in | 5 | | the prevention of alcohol related criminal violence throughout | 6 | | the State. | 7 | | (g) The Secretary of State Police DUI Fund is created as a | 8 | | special fund in the State treasury. All moneys received by the | 9 | | Secretary of State Police under subsection (f) of this Section | 10 | | shall be deposited into the Secretary of State Police DUI Fund | 11 | | and, subject to appropriation, shall be used for enforcement | 12 | | and prevention of driving while under the influence of alcohol, | 13 | | other drug or drugs, intoxicating compound or compounds or any | 14 | | combination thereof, as defined by Section 11-501 of this Code, | 15 | | including but not limited to the purchase of law enforcement | 16 | | equipment and commodities to assist in the prevention of | 17 | | alcohol related criminal violence throughout the State; police | 18 | | officer training and education in areas related to alcohol | 19 | | related crime, including but not limited to DUI training; and | 20 | | police officer salaries, including but not limited to salaries | 21 | | for hire back funding for safety checkpoints, saturation | 22 | | patrols, and liquor store sting operations. | 23 | | (h) Whenever an individual is sentenced for an offense | 24 | | based upon an arrest for a violation of Section 11-501 or a | 25 | | similar provision of a local ordinance, and the professional | 26 | | evaluation recommends remedial or rehabilitative treatment or |
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| 1 | | education, neither the treatment nor the education shall be the | 2 | | sole disposition and either or both may be imposed only in | 3 | | conjunction with another disposition. The court shall monitor | 4 | | compliance with any remedial education or treatment | 5 | | recommendations contained in the professional evaluation. | 6 | | Programs conducting alcohol or other drug evaluation or | 7 | | remedial education must be licensed by the Department of Human | 8 | | Services. If the individual is not a resident of Illinois, | 9 | | however, the court may accept an alcohol or other drug | 10 | | evaluation or remedial education program in the individual's | 11 | | state of residence. Programs providing treatment must be | 12 | | licensed under existing applicable alcoholism and drug | 13 | | treatment licensure standards. | 14 | | (i) In addition to any other fine or penalty required by | 15 | | law, an individual convicted of a violation of Section 11-501, | 16 | | Section 5-7 of the Snowmobile Registration and Safety Act, | 17 | | Section 5-16 of the Boat Registration and Safety Act, or a | 18 | | similar provision, whose operation of a motor vehicle, | 19 | | snowmobile, or watercraft while in violation of Section 11-501, | 20 | | Section 5-7 of the Snowmobile Registration and Safety Act, | 21 | | Section 5-16 of the Boat Registration and Safety Act, or a | 22 | | similar provision proximately caused an incident resulting in | 23 | | an appropriate emergency response, shall be required to make | 24 | | restitution to a public agency for the costs of that emergency | 25 | | response. The restitution may not exceed $1,000 per public | 26 | | agency for each emergency response. As used in this subsection |
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| 1 | | (i), "emergency response" means any incident requiring a | 2 | | response by a police officer, a firefighter carried on the | 3 | | rolls of a regularly constituted fire department, or an | 4 | | ambulance. With respect to funds designated for the Department | 5 | | of State Police, the moneys shall be remitted by the circuit | 6 | | court clerk to the State Police within one month after receipt | 7 | | for deposit into the State Police DUI Fund. With respect to | 8 | | funds designated for the Department of Natural Resources, the | 9 | | Department of Natural Resources shall deposit the moneys into | 10 | | the Conservation Police Operations Assistance Fund.
| 11 | | (j) A person that is subject to a chemical test or tests of | 12 | | blood under subsection (a) of Section 11-501.1 or subdivision | 13 | | (c)(2) of Section 11-501.2 of this Code, whether or not that | 14 | | person consents to testing, shall be liable for the expense up | 15 | | to $500 for blood withdrawal by a physician authorized to | 16 | | practice medicine, a licensed physician assistant, a licensed | 17 | | advanced practice nurse, a registered nurse, a trained | 18 | | phlebotomist, a certified paramedic, or a qualified person | 19 | | other than a police officer approved by the Department of State | 20 | | Police to withdraw blood, who responds, whether at a law | 21 | | enforcement facility or a health care facility, to a police | 22 | | department request for the drawing of blood based upon refusal | 23 | | of the person to submit to a lawfully requested breath test or | 24 | | probable cause exists to believe the test would disclose the | 25 | | ingestion, consumption, or use of drugs or intoxicating | 26 | | compounds if: |
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| 1 | | (1) the person is found guilty of violating Section | 2 | | 11-501 of this Code or a similar provision of a local | 3 | | ordinance; or | 4 | | (2) the person pleads guilty to or stipulates to facts | 5 | | supporting a violation of Section 11-503 of this Code or a | 6 | | similar provision of a local ordinance when the plea or | 7 | | stipulation was the result of a plea agreement in which the | 8 | | person was originally charged with violating Section | 9 | | 11-501 of this Code or a similar local ordinance. | 10 | | (Source: P.A. 96-1342, eff. 1-1-11; 97-931, eff. 1-1-13; | 11 | | 97-1050, eff. 1-1-13; revised 8-23-12.)
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