Full Text of HB3403 101st General Assembly
HB3403 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3403 Introduced , by Rep. Karina Villa SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-205 | | 625 ILCS 5/11-501 | from Ch. 95 1/2, par. 11-501 | 625 ILCS 5/11-501.01 | |
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Amends the Illinois Vehicle Code. Provides that the Secretary of State shall require the use of ignition interlock devices for a period not less than 5 years on all vehicles owned by a person who has been convicted of a first (rather than second or subsequent) offense for driving under the influence.
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| | A BILL FOR |
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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 | | Sections 6-205, 11-501, and 11-501.01 as follows:
| 6 | | (625 ILCS 5/6-205)
| 7 | | Sec. 6-205. Mandatory revocation of license or permit; | 8 | | hardship cases.
| 9 | | (a) Except as provided in this Section, the Secretary of | 10 | | State shall
immediately revoke the license, permit, or driving | 11 | | privileges of
any driver upon receiving a
report of the | 12 | | driver's conviction of any of the following offenses:
| 13 | | 1. Reckless homicide resulting from the operation of a | 14 | | motor vehicle;
| 15 | | 2. Violation of Section 11-501 of this Code or a | 16 | | similar provision of
a local ordinance relating to the | 17 | | offense of operating or being in physical
control of a | 18 | | vehicle while under the influence of alcohol, other drug or
| 19 | | drugs, intoxicating compound or compounds, or any | 20 | | combination thereof;
| 21 | | 3. Any felony under the laws of any State or the | 22 | | federal government
in the commission of which a motor | 23 | | vehicle was used;
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| 1 | | 4. Violation of Section 11-401 of this Code relating to | 2 | | the offense of
leaving the scene of a traffic accident | 3 | | involving death or personal injury;
| 4 | | 5. Perjury or the making of a false affidavit or | 5 | | statement under
oath to the Secretary of State under this | 6 | | Code or under any
other law relating to the ownership or | 7 | | operation of motor vehicles;
| 8 | | 6. Conviction upon 3 charges of violation of Section | 9 | | 11-503 of this
Code relating to the offense of reckless | 10 | | driving committed within a
period of 12 months;
| 11 | | 7. Conviction of any offense
defined in
Section 4-102 | 12 | | of this Code;
| 13 | | 8. Violation of Section 11-504 of this Code relating to | 14 | | the offense
of drag racing;
| 15 | | 9. Violation of Chapters 8 and 9 of this Code;
| 16 | | 10. Violation of Section 12-5 of the Criminal Code of | 17 | | 1961 or the Criminal Code of 2012 arising from
the use of a | 18 | | motor vehicle;
| 19 | | 11. Violation of Section 11-204.1 of this Code relating | 20 | | to aggravated
fleeing or attempting to elude a peace | 21 | | officer;
| 22 | | 12. Violation of paragraph (1) of subsection (b) of | 23 | | Section 6-507,
or a similar law of any other state, | 24 | | relating to the
unlawful operation of a commercial motor | 25 | | vehicle;
| 26 | | 13. Violation of paragraph (a) of Section 11-502 of |
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| 1 | | this Code or a
similar provision of a local ordinance if | 2 | | the driver has been previously
convicted of a violation of | 3 | | that Section or a similar provision of a local
ordinance | 4 | | and the driver was less than 21 years of age at the time of | 5 | | the
offense;
| 6 | | 14. Violation of paragraph (a) of Section 11-506 of | 7 | | this Code or a similar provision of a local ordinance | 8 | | relating to the offense of street racing;
| 9 | | 15. A second or subsequent conviction of driving while | 10 | | the person's driver's license, permit or privileges was | 11 | | revoked for reckless homicide or a similar out-of-state | 12 | | offense; | 13 | | 16. Any offense against any provision in this Code, or | 14 | | any local ordinance, regulating the
movement of traffic | 15 | | when that offense was the proximate cause of the death of | 16 | | any person. Any person whose driving privileges have been | 17 | | revoked pursuant to this paragraph may seek to have the | 18 | | revocation terminated or to have the length of revocation | 19 | | reduced by requesting an administrative hearing with the | 20 | | Secretary of State prior to the projected driver's license | 21 | | application eligibility date; | 22 | | 17. Violation of subsection (a-2) of Section 11-1301.3 | 23 | | of this Code or a similar provision of a local ordinance; | 24 | | 18. A second or subsequent conviction of illegal | 25 | | possession, while operating or in actual physical control, | 26 | | as a driver, of a motor vehicle, of any controlled |
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| 1 | | substance prohibited under the Illinois Controlled | 2 | | Substances Act, any cannabis prohibited under the Cannabis | 3 | | Control Act, or any methamphetamine prohibited under the | 4 | | Methamphetamine Control and Community Protection Act. A | 5 | | defendant found guilty of this offense while operating a | 6 | | motor vehicle
shall have an entry made in the court record | 7 | | by the presiding judge that
this offense did occur while | 8 | | the defendant was operating a motor vehicle
and order the | 9 | | clerk of the court to report the violation to the Secretary
| 10 | | of State; | 11 | | 19. Violation of subsection (a) of Section 11-1414 of | 12 | | this Code, or a similar provision of a local ordinance, | 13 | | relating to the offense of overtaking or passing of a | 14 | | school bus when the driver, in committing the violation, is | 15 | | involved in a motor vehicle accident that results in death | 16 | | to another and the violation is a proximate cause of the | 17 | | death. | 18 | | (b) The Secretary of State shall also immediately revoke | 19 | | the license
or permit of any driver in the following | 20 | | situations:
| 21 | | 1. Of any minor upon receiving the notice provided for | 22 | | in Section
5-901 of the Juvenile Court Act of 1987 that the | 23 | | minor has been
adjudicated under that Act as having | 24 | | committed an offense relating to
motor vehicles prescribed | 25 | | in Section 4-103 of this Code;
| 26 | | 2. Of any person when any other law of this State |
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| 1 | | requires either the
revocation or suspension of a license | 2 | | or permit;
| 3 | | 3. Of any person adjudicated under the Juvenile Court | 4 | | Act of 1987 based on an offense determined to have been | 5 | | committed in furtherance of the criminal activities of an | 6 | | organized gang as provided in Section 5-710 of that Act, | 7 | | and that involved the operation or use of a motor vehicle | 8 | | or the use of a driver's license or permit. The revocation | 9 | | shall remain in effect for the period determined by the | 10 | | court. | 11 | | (c)(1) Whenever a person is convicted of any of the | 12 | | offenses enumerated in
this Section, the court may recommend | 13 | | and the Secretary of State in his
discretion, without regard to | 14 | | whether the recommendation is made by the
court may, upon | 15 | | application,
issue to the person a
restricted driving permit | 16 | | granting the privilege of driving a motor
vehicle between the | 17 | | petitioner's residence and petitioner's place
of employment or | 18 | | within the scope of the petitioner's employment related
duties, | 19 | | or to allow the petitioner to transport himself or herself or a | 20 | | family member
of the petitioner's household to a medical | 21 | | facility for the receipt of necessary medical care or to allow | 22 | | the
petitioner to transport himself or herself to and from | 23 | | alcohol or drug remedial or rehabilitative activity | 24 | | recommended by a licensed service provider, or to allow the
| 25 | | petitioner to transport himself or herself or a family member | 26 | | of the petitioner's household to classes, as a student, at an |
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| 1 | | accredited educational
institution, or to allow the petitioner | 2 | | to transport children, elderly persons, or persons with | 3 | | disabilities who do not hold driving privileges and are living | 4 | | in the petitioner's household to and from daycare; if the | 5 | | petitioner is able to demonstrate that no alternative means
of | 6 | | transportation is reasonably available and that the petitioner | 7 | | will not endanger
the public safety or welfare; provided that | 8 | | the Secretary's discretion shall be
limited to cases where | 9 | | undue hardship, as defined by the rules of the Secretary of | 10 | | State, would result from a failure to issue the
restricted | 11 | | driving permit.
| 12 | | (1.5) A person subject to the provisions of paragraph 4 of | 13 | | subsection (b) of Section 6-208 of this Code may make | 14 | | application for a restricted driving permit at a hearing | 15 | | conducted under Section 2-118 of this Code after the expiration | 16 | | of 5 years from the effective date of the most recent | 17 | | revocation, or after 5 years from the date of release from a | 18 | | period of imprisonment resulting from a conviction of the most | 19 | | recent offense, whichever is later, provided the person, in | 20 | | addition to all other requirements of the Secretary, shows by | 21 | | clear and convincing evidence: | 22 | | (A) a minimum of 3 years of uninterrupted abstinence | 23 | | from alcohol and the unlawful use or consumption of | 24 | | cannabis under the Cannabis Control Act, a controlled | 25 | | substance under the Illinois Controlled Substances Act, an | 26 | | intoxicating compound under the Use of Intoxicating |
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| 1 | | Compounds Act, or methamphetamine under the | 2 | | Methamphetamine Control and Community Protection Act; and | 3 | | (B) the successful completion of any rehabilitative | 4 | | treatment and involvement in any ongoing rehabilitative | 5 | | activity that may be recommended by a properly licensed | 6 | | service provider according to an assessment of the person's | 7 | | alcohol or drug use under Section 11-501.01 of this Code. | 8 | | In determining whether an applicant is eligible for a | 9 | | restricted driving permit under this paragraph (1.5), the | 10 | | Secretary may consider any relevant evidence, including, but | 11 | | not limited to, testimony, affidavits, records, and the results | 12 | | of regular alcohol or drug tests. Persons subject to the | 13 | | provisions of paragraph 4 of subsection (b) of Section 6-208 of | 14 | | this Code and who have been convicted of more than one | 15 | | violation of paragraph (3), paragraph (4), or paragraph (5) of | 16 | | subsection (a) of Section 11-501 of this Code shall not be | 17 | | eligible to apply for a restricted driving permit. | 18 | | A restricted driving permit issued under this paragraph | 19 | | (1.5) shall provide that the holder may only operate motor | 20 | | vehicles equipped with an ignition interlock device as required | 21 | | under paragraph (2) of subsection (c) of this Section and | 22 | | subparagraph (A) of paragraph 3 of subsection (c) of Section | 23 | | 6-206 of this Code. The Secretary may revoke a restricted | 24 | | driving permit or amend the conditions of a restricted driving | 25 | | permit issued under this paragraph (1.5) if the holder operates | 26 | | a vehicle that is not equipped with an ignition interlock |
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| 1 | | device, or for any other reason authorized under this Code. | 2 | | A restricted driving permit issued under this paragraph | 3 | | (1.5) shall be revoked, and the holder barred from applying for | 4 | | or being issued a restricted driving permit in the future, if | 5 | | the holder is subsequently convicted of a violation of Section | 6 | | 11-501 of this Code, a similar provision of a local ordinance, | 7 | | or a similar offense in another state. | 8 | | (2) If a person's license or permit is revoked or suspended | 9 | | due to a violation of 2 or
more convictions of violating | 10 | | Section 11-501 of this Code or a similar
provision of a local | 11 | | ordinance or a similar out-of-state offense, or Section 9-3 of | 12 | | the Criminal Code of 1961 or the Criminal Code of 2012, where | 13 | | the use of alcohol or other drugs is recited as an element of | 14 | | the offense, or a similar out-of-state offense, or a | 15 | | combination of these offenses, arising out
of separate | 16 | | occurrences, that person, if issued a restricted driving | 17 | | permit,
may not operate a vehicle unless it has been equipped | 18 | | with an ignition
interlock device as defined in Section | 19 | | 1-129.1.
| 20 | | (3) If:
| 21 | | (A) a person's license or permit is revoked or | 22 | | suspended 2 or more
times due to any combination of : | 23 | | (i)
a single conviction of violating Section
| 24 | | 11-501 of this Code or a similar provision of a local | 25 | | ordinance or a similar
out-of-state offense, or | 26 | | Section 9-3 of the Criminal Code of 1961 or the |
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| 1 | | Criminal Code of 2012, where the use of alcohol or | 2 | | other drugs is recited as an element of the offense, or | 3 | | a similar out-of-state offense; or | 4 | | (ii)
a statutory summary suspension or revocation | 5 | | under Section
11-501.1; or | 6 | | (iii)
a suspension pursuant to Section 6-203.1;
| 7 | | arising out of
separate occurrences; or | 8 | | (B)
a person has been convicted of one violation of | 9 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 10 | | of Section 11-501 of this Code, Section 9-3 of the Criminal | 11 | | Code of 1961 or the Criminal Code of 2012, relating to the | 12 | | offense of reckless homicide where the use of alcohol or | 13 | | other drugs was recited as an element of the offense, or a | 14 | | similar provision of a law of another state;
| 15 | | that person, if issued a restricted
driving permit, may not | 16 | | operate a vehicle unless it has been equipped with an
ignition | 17 | | interlock device as defined in Section 1-129.1. | 18 | | (4)
The person issued a permit conditioned on the use of an | 19 | | ignition interlock device must pay to the Secretary of State | 20 | | DUI Administration Fund an amount
not to exceed $30 per month. | 21 | | The Secretary shall establish by rule the amount
and the | 22 | | procedures, terms, and conditions relating to these fees. | 23 | | (5)
If the restricted driving permit is issued for | 24 | | employment purposes, then
the prohibition against operating a | 25 | | motor vehicle that is not equipped with an ignition interlock | 26 | | device does not apply to the operation of an occupational |
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| 1 | | vehicle
owned or leased by that person's employer when used | 2 | | solely for employment purposes. For any person who, within a | 3 | | 5-year period, is convicted of a second or subsequent offense | 4 | | under Section 11-501 of this Code, or a similar provision of a | 5 | | local ordinance or similar out-of-state offense, this | 6 | | employment exemption does not apply until either a one-year | 7 | | period has elapsed during which that person had his or her | 8 | | driving privileges revoked or a one-year period has elapsed | 9 | | during which that person had a restricted driving permit which | 10 | | required the use of an ignition interlock device on every motor | 11 | | vehicle owned or operated by that person. | 12 | | (6)
In each case the Secretary of State may issue a
| 13 | | restricted driving permit for a period he deems appropriate, | 14 | | except that the
permit shall expire no later than 2 years from | 15 | | the date of issuance. A restricted
driving permit issued under | 16 | | this Section shall be
subject to cancellation, revocation, and | 17 | | suspension by the Secretary of
State in like manner and for | 18 | | like cause as a driver's license issued
under this Code may be | 19 | | cancelled, revoked, or
suspended; except that a conviction upon | 20 | | one or more offenses against laws or
ordinances regulating the | 21 | | movement of traffic shall be deemed sufficient cause
for the | 22 | | revocation, suspension, or cancellation of a restricted | 23 | | driving permit.
The Secretary of State may, as a condition to | 24 | | the issuance of a restricted
driving permit, require the | 25 | | petitioner to participate in a designated driver
remedial or | 26 | | rehabilitative program. The Secretary of State is authorized to
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| 1 | | cancel a restricted driving permit if the permit holder does | 2 | | not successfully
complete the program. However, if an | 3 | | individual's driving privileges have been
revoked in | 4 | | accordance with paragraph 13 of subsection (a) of this Section, | 5 | | no
restricted driving permit shall be issued until the | 6 | | individual has served 6
months of the revocation period.
| 7 | | (c-5) (Blank).
| 8 | | (c-6) If a person is convicted of a second violation of | 9 | | operating a motor vehicle while the person's driver's license, | 10 | | permit or privilege was revoked, where the revocation was for a | 11 | | violation of Section 9-3 of the Criminal Code of 1961 or the | 12 | | Criminal Code of 2012 relating to the offense of reckless | 13 | | homicide or a similar out-of-state offense, the person's | 14 | | driving privileges shall be revoked pursuant to subdivision | 15 | | (a)(15) of this Section. The person may not make application | 16 | | for a license or permit until the expiration of five years from | 17 | | the effective date of the revocation or the expiration of five | 18 | | years from the date of release from a term of imprisonment, | 19 | | whichever is later. | 20 | | (c-7) If a person is convicted of a third or subsequent | 21 | | violation of operating a motor vehicle while the person's | 22 | | driver's license, permit or privilege was revoked, where the | 23 | | revocation was for a violation of Section 9-3 of the Criminal | 24 | | Code of 1961 or the Criminal Code of 2012 relating to the | 25 | | offense of reckless homicide or a similar out-of-state offense, | 26 | | the person may never apply for a license or permit. |
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| 1 | | (d)(1) Whenever a person under the age of 21 is convicted | 2 | | under Section
11-501 of this Code or a similar provision of a | 3 | | local ordinance or a similar out-of-state offense, the
| 4 | | Secretary of State shall revoke the driving privileges of that | 5 | | person. One
year after the date of revocation, and upon | 6 | | application, the Secretary of
State may, if satisfied that the | 7 | | person applying will not endanger the
public safety or welfare, | 8 | | issue a restricted driving permit granting the
privilege of | 9 | | driving a motor vehicle only between the hours of 5 a.m. and 9
| 10 | | p.m. or as otherwise provided by this Section for a period of | 11 | | one year.
After this one-year period, and upon reapplication | 12 | | for a license as
provided in Section 6-106, upon payment of the | 13 | | appropriate reinstatement
fee provided under paragraph (b) of | 14 | | Section 6-118, the Secretary of State,
in his discretion, may
| 15 | | reinstate the petitioner's driver's license and driving | 16 | | privileges, or extend the restricted driving permit as many | 17 | | times as the
Secretary of State deems appropriate, by | 18 | | additional periods of not more than
24 months each.
| 19 | | (2) If a person's license or permit is revoked or | 20 | | suspended due to 2 or
more convictions of violating Section | 21 | | 11-501 of this Code or a similar
provision of a local | 22 | | ordinance or a similar out-of-state offense, or Section 9-3 | 23 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 24 | | where the use of alcohol or other drugs is recited as an | 25 | | element of the offense, or a similar out-of-state offense, | 26 | | or a combination of these offenses, arising out
of separate |
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| 1 | | occurrences, that person, if issued a restricted driving | 2 | | permit,
may not operate a vehicle unless it has been | 3 | | equipped with an ignition
interlock device as defined in | 4 | | Section 1-129.1.
| 5 | | (3) If a person's license or permit is revoked or | 6 | | suspended 2 or more times
due to any combination of: | 7 | | (A) a single conviction of violating Section | 8 | | 11-501
of this
Code or a similar provision of a local | 9 | | ordinance or a similar out-of-state
offense, or | 10 | | Section 9-3 of the Criminal Code of 1961 or the | 11 | | Criminal Code of 2012, where the use of alcohol or | 12 | | other drugs is recited as an element of the offense, or | 13 | | a similar out-of-state offense; or | 14 | | (B)
a statutory summary suspension or revocation | 15 | | under Section 11-501.1; or | 16 | | (C) a suspension pursuant to Section 6-203.1; | 17 | | arising out of separate occurrences, that person, if issued | 18 | | a
restricted
driving permit, may not operate a vehicle | 19 | | unless it has been equipped with an
ignition interlock | 20 | | device as defined in Section 1-129.1. | 21 | | (3.5) If a person's license or permit is revoked or | 22 | | suspended due to a conviction for a violation of | 23 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) | 24 | | of Section 11-501 of this Code, or a similar provision of a | 25 | | local ordinance or similar out-of-state offense, that | 26 | | person, if issued a restricted driving permit, may not |
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| 1 | | operate a vehicle unless it has been equipped with an | 2 | | ignition interlock device as defined in Section 1-129.1. | 3 | | (4)
The person issued a permit conditioned upon the use | 4 | | of an interlock device must pay to the Secretary of State | 5 | | DUI Administration Fund an amount
not to exceed $30 per | 6 | | month. The Secretary shall establish by rule the amount
and | 7 | | the procedures, terms, and conditions relating to these | 8 | | fees. | 9 | | (5)
If the restricted driving permit is issued for | 10 | | employment purposes, then
the prohibition against driving | 11 | | a vehicle that is not equipped with an ignition interlock | 12 | | device does not apply to the operation of an occupational | 13 | | vehicle
owned or leased by that person's employer when used | 14 | | solely for employment purposes. For any person who, within | 15 | | a 5-year period, is convicted of a second or subsequent | 16 | | offense under Section 11-501 of this Code, or a similar | 17 | | provision of a local ordinance or similar out-of-state | 18 | | offense, this employment exemption does not apply until | 19 | | either a one-year period has elapsed during which that | 20 | | person had his or her driving privileges revoked or a | 21 | | one-year period has elapsed during which that person had a | 22 | | restricted driving permit which required the use of an | 23 | | ignition interlock device on every motor vehicle owned or | 24 | | operated by that person. | 25 | | (6) A
restricted driving permit issued under this | 26 | | Section shall be subject to
cancellation, revocation, and |
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| 1 | | suspension by the Secretary of State in like
manner and for | 2 | | like cause as a driver's license issued under this Code may | 3 | | be
cancelled, revoked, or suspended; except that a | 4 | | conviction upon one or more
offenses against laws or | 5 | | ordinances regulating the movement of traffic
shall be | 6 | | deemed sufficient cause for the revocation, suspension, or
| 7 | | cancellation of a restricted driving permit.
| 8 | | (d-5) The revocation of the license, permit, or driving | 9 | | privileges of a person convicted of a third or subsequent | 10 | | violation of Section 6-303 of this Code committed while his or | 11 | | her driver's license, permit, or privilege was revoked because | 12 | | of a violation of Section 9-3 of the Criminal Code of 1961 or | 13 | | the Criminal Code of 2012, relating to the offense of reckless | 14 | | homicide, or a similar provision of a law of another state, is | 15 | | permanent. The Secretary may not, at any time, issue a license | 16 | | or permit to that person.
| 17 | | (e) This Section is subject to the provisions of the Driver | 18 | | License
Compact.
| 19 | | (f) Any revocation imposed upon any person under | 20 | | subsections 2
and 3 of paragraph (b) that is in effect on | 21 | | December 31, 1988 shall be
converted to a suspension for a like | 22 | | period of time.
| 23 | | (g) The Secretary of State shall not issue a restricted | 24 | | driving permit to
a person under the age of 16 years whose | 25 | | driving privileges have been revoked
under any provisions of | 26 | | this Code.
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| 1 | | (h) The Secretary of State shall require the use of | 2 | | ignition interlock
devices for a period not less than 5 years | 3 | | on all vehicles owned by a person who has been convicted of a
| 4 | | second or subsequent offense under Section 11-501 of this Code | 5 | | or a similar
provision of a local ordinance. The person must | 6 | | pay to the Secretary of State DUI Administration Fund an amount | 7 | | not to exceed $30 for each month that he or she uses the | 8 | | device. The Secretary shall establish by rule and
regulation | 9 | | the procedures for certification and use of the interlock
| 10 | | system, the amount of the fee, and the procedures, terms, and | 11 | | conditions relating to these fees. During the time period in | 12 | | which a person is required to install an ignition interlock | 13 | | device under this subsection (h), that person shall only | 14 | | operate vehicles in which ignition interlock devices have been | 15 | | installed, except as allowed by subdivision (c)(5) or (d)(5) of | 16 | | this Section.
| 17 | | (i) (Blank).
| 18 | | (j) In accordance with 49 C.F.R. 384, the Secretary of | 19 | | State may not issue a restricted driving permit for the | 20 | | operation of a commercial motor vehicle to a person holding a | 21 | | CDL whose driving privileges have been revoked, suspended, | 22 | | cancelled, or disqualified under any provisions of this Code.
| 23 | | (k) The Secretary of State shall notify by mail any person | 24 | | whose driving privileges have been revoked under paragraph 16 | 25 | | of subsection (a) of this Section that his or her driving | 26 | | privileges and driver's license will be revoked 90 days from |
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| 1 | | the date of the mailing of the notice. | 2 | | (Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15; | 3 | | 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16; | 4 | | 99-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff. 7-28-16; | 5 | | 100-223, eff. 8-18-17; 100-803, eff. 1-1-19 .) | 6 | | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | 7 | | Sec. 11-501. Driving while under the influence of alcohol, | 8 | | other drug or drugs, intoxicating compound or compounds or any | 9 | | combination thereof.
| 10 | | (a) A person shall not drive or be in actual physical | 11 | | control of any vehicle within this State while: | 12 | | (1) the alcohol concentration in the person's blood, | 13 | | other bodily substance, or breath is 0.08 or more based on | 14 | | the definition of blood and breath units in Section | 15 | | 11-501.2; | 16 | | (2) under the influence of alcohol; | 17 | | (3) under the influence of any intoxicating compound or | 18 | | combination of intoxicating compounds to a degree that | 19 | | renders the person incapable of driving safely; | 20 | | (4) under the influence of any other drug or | 21 | | combination of drugs to a degree that renders the person | 22 | | incapable of safely driving; | 23 | | (5) under the combined influence of alcohol, other drug | 24 | | or drugs, or intoxicating compound or compounds to a degree | 25 | | that renders the person incapable of safely driving; |
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| 1 | | (6) there is any amount of a drug, substance, or | 2 | | compound in the person's breath, blood, other bodily | 3 | | substance, or urine resulting from the unlawful use or | 4 | | consumption of a controlled substance listed in the | 5 | | Illinois Controlled Substances Act, an intoxicating | 6 | | compound listed in the Use of Intoxicating Compounds Act, | 7 | | or methamphetamine as listed in the Methamphetamine | 8 | | Control and Community Protection Act; or | 9 | | (7) the person has, within 2 hours of driving or being | 10 | | in actual physical control of a vehicle, a | 11 | | tetrahydrocannabinol concentration in the person's whole | 12 | | blood or other bodily substance as defined in paragraph 6 | 13 | | of subsection (a) of Section 11-501.2 of this Code.
Subject | 14 | | to all other requirements and provisions under this | 15 | | Section, this paragraph (7) does not apply to the lawful | 16 | | consumption of cannabis by a qualifying patient licensed | 17 | | under the Compassionate Use of Medical Cannabis Pilot | 18 | | Program Act who is in possession of a valid registry card | 19 | | issued under that Act, unless that person is impaired by | 20 | | the use of cannabis. | 21 | | (b) The fact that any person charged with violating this | 22 | | Section is or has been legally entitled to use alcohol, | 23 | | cannabis under the Compassionate Use of Medical Cannabis Pilot | 24 | | Program Act, other drug or drugs, or intoxicating compound or | 25 | | compounds, or any combination thereof, shall not constitute a | 26 | | defense against any charge of violating this Section. |
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| 1 | | (c) Penalties. | 2 | | (1) Except as otherwise provided in this Section, any | 3 | | person convicted of violating subsection (a) of this | 4 | | Section is guilty of a Class A misdemeanor. | 5 | | (2) A person who violates subsection (a) or a similar | 6 | | provision a second time shall be sentenced to a mandatory | 7 | | minimum term of either 5 days of imprisonment or 240 hours | 8 | | of community service in addition to any other criminal or | 9 | | administrative sanction. | 10 | | (3) A person who violates subsection (a) is subject to | 11 | | 6 months of imprisonment, an additional mandatory minimum | 12 | | fine of $1,000, and 25 days of community service in a | 13 | | program benefiting children if the person was transporting | 14 | | a person under the age of 16 at the time of the violation. | 15 | | (4) A person who violates subsection (a) a first time, | 16 | | if the alcohol concentration in his or her blood, breath, | 17 | | other bodily substance, or urine was 0.16 or more based on | 18 | | the definition of blood, breath, other bodily substance, or | 19 | | urine units in Section 11-501.2, shall be subject, in | 20 | | addition to any other penalty that may be imposed, to a | 21 | | mandatory minimum of 100 hours of community service and a | 22 | | mandatory minimum fine of $500. | 23 | | (5) A person who violates subsection (a) a second time, | 24 | | if at the time of the second violation the alcohol | 25 | | concentration in his or her blood, breath, other bodily | 26 | | substance, or urine was 0.16 or more based on the |
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| 1 | | definition of blood, breath, other bodily substance, or | 2 | | urine units in Section 11-501.2, shall be subject, in | 3 | | addition to any other penalty that may be imposed, to a | 4 | | mandatory minimum of 2 days of imprisonment and a mandatory | 5 | | minimum fine of $1,250. | 6 | | (6) A person who violates subsection (a) a first time | 7 | | shall be required to use an ignition interlock device for 5 | 8 | | years on any vehicle operated by the person. | 9 | | (d) Aggravated driving under the influence of alcohol, | 10 | | other drug or drugs, or intoxicating compound or compounds, or | 11 | | any combination thereof.
| 12 | | (1) Every person convicted of committing a violation of | 13 | | this Section shall be guilty of aggravated driving under | 14 | | the influence of alcohol, other drug or drugs, or | 15 | | intoxicating compound or compounds, or any combination | 16 | | thereof if: | 17 | | (A) the person committed a violation of subsection | 18 | | (a) or a similar provision for the third or subsequent | 19 | | time; | 20 | | (B) the person committed a violation of subsection | 21 | | (a) while driving a school bus with one or more | 22 | | passengers on board; | 23 | | (C) the person in committing a violation of | 24 | | subsection (a) was involved in a motor vehicle accident | 25 | | that resulted in great bodily harm or permanent | 26 | | disability or disfigurement to another, when the |
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| 1 | | violation was a proximate cause of the injuries; | 2 | | (D) the person committed a violation of subsection | 3 | | (a) and has been previously convicted of violating | 4 | | Section 9-3 of the Criminal Code of 1961 or the | 5 | | Criminal Code of 2012 or a similar provision of a law | 6 | | of another state relating to reckless homicide in which | 7 | | the person was determined to have been under the | 8 | | influence of alcohol, other drug or drugs, or | 9 | | intoxicating compound or compounds as an element of the | 10 | | offense or the person has previously been convicted | 11 | | under subparagraph (C) or subparagraph (F) of this | 12 | | paragraph (1); | 13 | | (E) the person, in committing a violation of | 14 | | subsection (a) while driving at any speed in a school | 15 | | speed zone at a time when a speed limit of 20 miles per | 16 | | hour was in effect under subsection (a) of Section | 17 | | 11-605 of this Code, was involved in a motor vehicle | 18 | | accident that resulted in bodily harm, other than great | 19 | | bodily harm or permanent disability or disfigurement, | 20 | | to another person, when the violation of subsection (a) | 21 | | was a proximate cause of the bodily harm; | 22 | | (F) the person, in committing a violation of | 23 | | subsection (a), was involved in a motor vehicle, | 24 | | snowmobile, all-terrain vehicle, or watercraft | 25 | | accident that resulted in the death of another person, | 26 | | when the violation of subsection (a) was a proximate |
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| 1 | | cause of the death; | 2 | | (G) the person committed a violation of subsection | 3 | | (a) during a period in which the defendant's driving | 4 | | privileges are revoked or suspended, where the | 5 | | revocation or suspension was for a violation of | 6 | | subsection (a) or a similar provision, Section | 7 | | 11-501.1, paragraph (b) of Section 11-401, or for | 8 | | reckless homicide as defined in Section 9-3 of the | 9 | | Criminal Code of 1961 or the Criminal Code of 2012; | 10 | | (H) the person committed the violation while he or | 11 | | she did not possess a driver's license or permit or a | 12 | | restricted driving permit or a judicial driving permit | 13 | | or a monitoring device driving permit; | 14 | | (I) the person committed the violation while he or | 15 | | she knew or should have known that the vehicle he or | 16 | | she was driving was not covered by a liability | 17 | | insurance policy; | 18 | | (J) the person in committing a violation of | 19 | | subsection (a) was involved in a motor vehicle accident | 20 | | that resulted in bodily harm, but not great bodily | 21 | | harm, to the child under the age of 16 being | 22 | | transported by the person, if the violation was the | 23 | | proximate cause of the injury; | 24 | | (K) the person in committing a second violation of | 25 | | subsection (a) or a similar provision was transporting | 26 | | a person under the age of 16; or |
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| 1 | | (L) the person committed a violation of subsection | 2 | | (a) of this Section while transporting one or more | 3 | | passengers in a vehicle for-hire. | 4 | | (2)(A) Except as provided otherwise, a person | 5 | | convicted of aggravated driving under the influence of | 6 | | alcohol, other drug or drugs, or intoxicating compound or | 7 | | compounds, or any combination thereof is guilty of a Class | 8 | | 4 felony. | 9 | | (B) A third violation of this Section or a similar | 10 | | provision is a Class 2 felony. If at the time of the third | 11 | | violation the alcohol concentration in his or her blood, | 12 | | breath, other bodily substance, or urine was 0.16 or more | 13 | | based on the definition of blood, breath, other bodily | 14 | | substance, or urine units in Section 11-501.2, a mandatory | 15 | | minimum of 90 days of imprisonment and a mandatory minimum | 16 | | fine of $2,500 shall be imposed in addition to any other | 17 | | criminal or administrative sanction. If at the time of the | 18 | | third violation, the defendant was transporting a person | 19 | | under the age of 16, a mandatory fine of $25,000 and 25 | 20 | | days of community service in a program benefiting children | 21 | | shall be imposed in addition to any other criminal or | 22 | | administrative sanction. | 23 | | (C) A fourth violation of this Section or a similar | 24 | | provision is a Class 2 felony, for which a sentence of | 25 | | probation or conditional discharge may not be imposed. If | 26 | | at the time of the violation, the alcohol concentration in |
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| 1 | | the defendant's blood, breath, other bodily substance, or | 2 | | urine was 0.16 or more based on the definition of blood, | 3 | | breath, other bodily substance, or urine units in Section | 4 | | 11-501.2, a mandatory minimum fine of $5,000 shall be | 5 | | imposed in addition to any other criminal or administrative | 6 | | sanction. If at the time of the fourth violation, the | 7 | | defendant was transporting a person under the age of 16 a | 8 | | mandatory fine of $25,000 and 25 days of community service | 9 | | in a program benefiting children shall be imposed in | 10 | | addition to any other criminal or administrative sanction. | 11 | | (D) A fifth violation of this Section or a similar | 12 | | provision is a Class 1 felony, for which a sentence of | 13 | | probation or conditional discharge may not be imposed. If | 14 | | at the time of the violation, the alcohol concentration in | 15 | | the defendant's blood, breath, other bodily substance, or | 16 | | urine was 0.16 or more based on the definition of blood, | 17 | | breath, other bodily substance, or urine units in Section | 18 | | 11-501.2, a mandatory minimum fine of $5,000 shall be | 19 | | imposed in addition to any other criminal or administrative | 20 | | sanction. If at the time of the fifth violation, the | 21 | | defendant was transporting a person under the age of 16, a | 22 | | mandatory fine of $25,000, and 25 days of community service | 23 | | in a program benefiting children shall be imposed in | 24 | | addition to any other criminal or administrative sanction. | 25 | | (E) A sixth or subsequent violation of this Section or | 26 | | similar provision is a Class X felony. If at the time of |
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| 1 | | the violation, the alcohol concentration in the | 2 | | defendant's blood, breath, other bodily substance, or | 3 | | urine was 0.16 or more based on the definition of blood, | 4 | | breath, other bodily substance, or urine units in Section | 5 | | 11-501.2, a mandatory minimum fine of $5,000 shall be | 6 | | imposed in addition to any other criminal or administrative | 7 | | sanction. If at the time of the violation, the defendant | 8 | | was transporting a person under the age of 16, a mandatory | 9 | | fine of $25,000 and 25 days of community service in a | 10 | | program benefiting children shall be imposed in addition to | 11 | | any other criminal or administrative sanction. | 12 | | (F) For a violation of subparagraph (C) of paragraph | 13 | | (1) of this subsection (d), the defendant, if sentenced to | 14 | | a term of imprisonment, shall be sentenced to not less than | 15 | | one year nor more than 12 years. | 16 | | (G) A violation of subparagraph (F) of paragraph (1) of | 17 | | this subsection (d) is a Class 2 felony, for which the | 18 | | defendant, unless the court determines that extraordinary | 19 | | circumstances exist and require probation, shall be | 20 | | sentenced to: (i) a term of imprisonment of not less than 3 | 21 | | years and not more than 14 years if the violation resulted | 22 | | in the death of one person; or (ii) a term of imprisonment | 23 | | of not less than 6 years and not more than 28 years if the | 24 | | violation resulted in the deaths of 2 or more persons. | 25 | | (H) For a violation of subparagraph (J) of paragraph | 26 | | (1) of this subsection (d), a mandatory fine of $2,500, and |
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| 1 | | 25 days of community service in a program benefiting | 2 | | children shall be imposed in addition to any other criminal | 3 | | or administrative sanction. | 4 | | (I) A violation of subparagraph (K) of paragraph (1) of | 5 | | this subsection (d), is a Class 2 felony and a mandatory | 6 | | fine of $2,500, and 25 days of community service in a | 7 | | program benefiting children shall be imposed in addition to | 8 | | any other criminal or administrative sanction. If the child | 9 | | being transported suffered bodily harm, but not great | 10 | | bodily harm, in a motor vehicle accident, and the violation | 11 | | was the proximate cause of that injury, a mandatory fine of | 12 | | $5,000 and 25 days of community service in a program | 13 | | benefiting children shall be imposed in addition to any | 14 | | other criminal or administrative sanction. | 15 | | (J) A violation of subparagraph (D) of paragraph (1) of | 16 | | this subsection (d) is a Class 3 felony, for which a | 17 | | sentence of probation or conditional discharge may not be | 18 | | imposed. | 19 | | (3) Any person sentenced under this subsection (d) who | 20 | | receives a term of probation or conditional discharge must | 21 | | serve a minimum term of either 480 hours of community | 22 | | service or 10 days of imprisonment as a condition of the | 23 | | probation or conditional discharge in addition to any other | 24 | | criminal or administrative sanction. | 25 | | (e) Any reference to a prior violation of subsection (a) or | 26 | | a similar provision includes any violation of a provision of a |
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| 1 | | local ordinance or a provision of a law of another state or an | 2 | | offense committed on a military installation that is similar to | 3 | | a violation of subsection (a) of this Section. | 4 | | (f) The imposition of a mandatory term of imprisonment or | 5 | | assignment of community service for a violation of this Section | 6 | | shall not be suspended or reduced by the court. | 7 | | (g) Any penalty imposed for driving with a license that has | 8 | | been revoked for a previous violation of subsection (a) of this | 9 | | Section shall be in addition to the penalty imposed for any | 10 | | subsequent violation of subsection (a). | 11 | | (h) For any prosecution under this Section, a certified | 12 | | copy of the driving abstract of the defendant shall be admitted | 13 | | as proof of any prior conviction.
| 14 | | (Source: P.A. 98-122, eff. 1-1-14; 98-573, eff. 8-27-13; | 15 | | 98-756, eff. 7-16-14; 99-697, eff. 7-29-16.) | 16 | | (625 ILCS 5/11-501.01) | 17 | | (Text of Section before amendment by P.A. 100-987 ) | 18 | | Sec. 11-501.01. Additional administrative sanctions. | 19 | | (a) After a finding of guilt and prior to any final | 20 | | sentencing or an order for supervision, for an offense based | 21 | | upon an arrest for a violation of Section 11-501 or a similar | 22 | | provision of a local ordinance, individuals shall be required | 23 | | to undergo a professional evaluation to determine if an | 24 | | alcohol, drug, or intoxicating compound abuse problem exists | 25 | | and the extent of the problem, and undergo the imposition of |
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| 1 | | treatment as appropriate. Programs conducting these | 2 | | evaluations shall be licensed by the Department of Human | 3 | | Services. The cost of any professional evaluation shall be paid | 4 | | for by the individual required to undergo the professional | 5 | | evaluation. | 6 | | (b) Any person who is found guilty of or pleads guilty to | 7 | | violating Section 11-501, including any person receiving a | 8 | | disposition of court supervision for violating that Section, | 9 | | may be required by the Court to attend a victim impact panel | 10 | | offered by, or under contract with, a county State's Attorney's | 11 | | office, a probation and court services department, Mothers | 12 | | Against Drunk Driving, or the Alliance Against Intoxicated | 13 | | Motorists. All costs generated by the victim impact panel shall | 14 | | be paid from fees collected from the offender or as may be | 15 | | determined by the court. | 16 | | (c) Every person found guilty of violating Section 11-501, | 17 | | whose operation of a motor vehicle while in violation of that | 18 | | Section proximately caused any incident resulting in an | 19 | | appropriate emergency response, shall be liable for the expense | 20 | | of an emergency response as provided in subsection (i) of this | 21 | | Section. | 22 | | (d) The Secretary of State shall revoke the driving | 23 | | privileges of any person convicted under Section 11-501 or a | 24 | | similar provision of a local ordinance. | 25 | | (e) The Secretary of State shall require the use of | 26 | | ignition interlock devices for a period not less than 5 years |
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| 1 | | on all vehicles owned by a person who has been convicted of a | 2 | | violation second or subsequent offense of Section 11-501 or a | 3 | | similar provision of a local ordinance. The person must pay to | 4 | | the Secretary of State DUI Administration Fund an amount not to | 5 | | exceed $30 for each month that he or she uses the device. The | 6 | | Secretary shall establish by rule and regulation the procedures | 7 | | for certification and use of the interlock system, the amount | 8 | | of the fee, and the procedures, terms, and conditions relating | 9 | | to these fees. During the time period in which a person is | 10 | | required to install an ignition interlock device under this | 11 | | subsection (e), that person shall only operate vehicles in | 12 | | which ignition interlock devices have been installed, except as | 13 | | allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of | 14 | | this Code. | 15 | | (f) In addition to any other penalties and liabilities, a | 16 | | person who is found guilty of or pleads guilty to violating | 17 | | Section 11-501, including any person placed on court | 18 | | supervision for violating Section 11-501, shall be assessed | 19 | | $750, payable to the circuit clerk, who shall distribute the | 20 | | money as follows: $350 to the law enforcement agency that made | 21 | | the arrest, and $400 shall be forwarded to the State Treasurer | 22 | | for deposit into the General Revenue Fund. If the person has | 23 | | been previously convicted of violating Section 11-501 or a | 24 | | similar provision of a local ordinance, the fine shall be | 25 | | $1,000, and the circuit clerk shall distribute
$200 to the law | 26 | | enforcement agency that
made the arrest and $800 to the State
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| 1 | | Treasurer for deposit into the General Revenue Fund. In the | 2 | | event that more than one agency is responsible for the arrest, | 3 | | the amount payable to law enforcement agencies shall be shared | 4 | | equally. Any moneys received by a law enforcement agency under | 5 | | this subsection (f) shall be used for enforcement and | 6 | | prevention of driving while under the influence of alcohol, | 7 | | other drug or drugs, intoxicating compound or compounds or any | 8 | | combination thereof, as defined by Section 11-501 of this Code, | 9 | | including but not limited to the purchase of law enforcement | 10 | | equipment and commodities that will assist in the prevention of | 11 | | alcohol related criminal violence throughout the State; police | 12 | | officer training and education in areas related to alcohol | 13 | | related crime, including but not limited to DUI training; and | 14 | | police officer salaries, including but not limited to salaries | 15 | | for hire back funding for safety checkpoints, saturation | 16 | | patrols, and liquor store sting operations. Any moneys received | 17 | | by the Department of State Police under this subsection (f) | 18 | | shall be deposited into the State Police DUI Fund and shall be | 19 | | used to purchase law enforcement equipment that will assist in | 20 | | the prevention of alcohol related criminal violence throughout | 21 | | the State. | 22 | | (g) The Secretary of State Police DUI Fund is created as a | 23 | | special fund in the State treasury. All moneys received by the | 24 | | Secretary of State Police under subsection (f) of this Section | 25 | | shall be deposited into the Secretary of State Police DUI Fund | 26 | | and, subject to appropriation, shall be used for enforcement |
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| 1 | | and prevention of driving while under the influence of alcohol, | 2 | | other drug or drugs, intoxicating compound or compounds or any | 3 | | combination thereof, as defined by Section 11-501 of this Code, | 4 | | including , but not limited to , the purchase of law enforcement | 5 | | equipment and commodities to assist in the prevention of | 6 | | alcohol-related alcohol related criminal violence throughout | 7 | | the State; police officer training and education in areas | 8 | | related to alcohol-related alcohol related crime, including , | 9 | | but not limited to , DUI training; and police officer salaries, | 10 | | including , but not limited to , salaries for hire back funding | 11 | | for safety checkpoints, saturation patrols, and liquor store | 12 | | sting operations. | 13 | | (h) Whenever an individual is sentenced for an offense | 14 | | based upon an arrest for a violation of Section 11-501 or a | 15 | | similar provision of a local ordinance, and the professional | 16 | | evaluation recommends remedial or rehabilitative treatment or | 17 | | education, neither the treatment nor the education shall be the | 18 | | sole disposition and either or both may be imposed only in | 19 | | conjunction with another disposition. The court shall monitor | 20 | | compliance with any remedial education or treatment | 21 | | recommendations contained in the professional evaluation. | 22 | | Programs conducting alcohol or other drug evaluation or | 23 | | remedial education must be licensed by the Department of Human | 24 | | Services. If the individual is not a resident of Illinois, | 25 | | however, the court may accept an alcohol or other drug | 26 | | evaluation or remedial education program in the individual's |
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| 1 | | state of residence. Programs providing treatment must be | 2 | | licensed under existing applicable alcoholism and drug | 3 | | treatment licensure standards. | 4 | | (i) In addition to any other fine or penalty required by | 5 | | law, an individual convicted of a violation of Section 11-501, | 6 | | Section 5-7 of the Snowmobile Registration and Safety Act, | 7 | | Section 5-16 of the Boat Registration and Safety Act, or a | 8 | | similar provision, whose operation of a motor vehicle, | 9 | | snowmobile, or watercraft while in violation of Section 11-501, | 10 | | Section 5-7 of the Snowmobile Registration and Safety Act, | 11 | | Section 5-16 of the Boat Registration and Safety Act, or a | 12 | | similar provision proximately caused an incident resulting in | 13 | | an appropriate emergency response, shall be required to make | 14 | | restitution to a public agency for the costs of that emergency | 15 | | response. The restitution may not exceed $1,000 per public | 16 | | agency for each emergency response. As used in this subsection | 17 | | (i), "emergency response" means any incident requiring a | 18 | | response by a police officer, a firefighter carried on the | 19 | | rolls of a regularly constituted fire department, or an | 20 | | ambulance. With respect to funds designated for the Department | 21 | | of State Police, the moneys shall be remitted by the circuit | 22 | | court clerk to the State Police within one month after receipt | 23 | | for deposit into the State Police DUI Fund. With respect to | 24 | | funds designated for the Department of Natural Resources, the | 25 | | Department of Natural Resources shall deposit the moneys into | 26 | | the Conservation Police Operations Assistance Fund.
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| 1 | | (j) A person that is subject to a chemical test or tests of | 2 | | blood under subsection (a) of Section 11-501.1 or subdivision | 3 | | (c)(2) of Section 11-501.2 of this Code, whether or not that | 4 | | person consents to testing, shall be liable for the expense up | 5 | | to $500 for blood withdrawal by a physician authorized to | 6 | | practice medicine, a licensed physician assistant, a licensed | 7 | | advanced practice registered nurse, a registered nurse, a | 8 | | trained phlebotomist, a licensed paramedic, or a qualified | 9 | | person other than a police officer approved by the Department | 10 | | of State Police to withdraw blood, who responds, whether at a | 11 | | law enforcement facility or a health care facility, to a police | 12 | | department request for the drawing of blood based upon refusal | 13 | | of the person to submit to a lawfully requested breath test or | 14 | | probable cause exists to believe the test would disclose the | 15 | | ingestion, consumption, or use of drugs or intoxicating | 16 | | compounds if: | 17 | | (1) the person is found guilty of violating Section | 18 | | 11-501 of this Code or a similar provision of a local | 19 | | ordinance; or | 20 | | (2) the person pleads guilty to or stipulates to facts | 21 | | supporting a violation of Section 11-503 of this Code or a | 22 | | similar provision of a local ordinance when the plea or | 23 | | stipulation was the result of a plea agreement in which the | 24 | | person was originally charged with violating Section | 25 | | 11-501 of this Code or a similar local ordinance. | 26 | | (Source: P.A. 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642, |
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| 1 | | eff. 7-28-16; 100-513, eff. 1-1-18; revised 10-19-18.) | 2 | | (Text of Section after amendment by P.A. 100-987 ) | 3 | | Sec. 11-501.01. Additional administrative sanctions. | 4 | | (a) After a finding of guilt and prior to any final | 5 | | sentencing or an order for supervision, for an offense based | 6 | | upon an arrest for a violation of Section 11-501 or a similar | 7 | | provision of a local ordinance, individuals shall be required | 8 | | to undergo a professional evaluation to determine if an | 9 | | alcohol, drug, or intoxicating compound abuse problem exists | 10 | | and the extent of the problem, and undergo the imposition of | 11 | | treatment as appropriate. Programs conducting these | 12 | | evaluations shall be licensed by the Department of Human | 13 | | Services. The cost of any professional evaluation shall be paid | 14 | | for by the individual required to undergo the professional | 15 | | evaluation. | 16 | | (b) Any person who is found guilty of or pleads guilty to | 17 | | violating Section 11-501, including any person receiving a | 18 | | disposition of court supervision for violating that Section, | 19 | | may be required by the Court to attend a victim impact panel | 20 | | offered by, or under contract with, a county State's Attorney's | 21 | | office, a probation and court services department, Mothers | 22 | | Against Drunk Driving, or the Alliance Against Intoxicated | 23 | | Motorists. All costs generated by the victim impact panel shall | 24 | | be paid from fees collected from the offender or as may be | 25 | | determined by the court. |
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| 1 | | (c) (Blank). | 2 | | (d) The Secretary of State shall revoke the driving | 3 | | privileges of any person convicted under Section 11-501 or a | 4 | | similar provision of a local ordinance. | 5 | | (e) The Secretary of State shall require the use of | 6 | | ignition interlock devices for a period not less than 5 years | 7 | | on all vehicles owned by a person who has been convicted of a | 8 | | violation second or subsequent offense of Section 11-501 or a | 9 | | similar provision of a local ordinance. The person must pay to | 10 | | the Secretary of State DUI Administration Fund an amount not to | 11 | | exceed $30 for each month that he or she uses the device. The | 12 | | Secretary shall establish by rule and regulation the procedures | 13 | | for certification and use of the interlock system, the amount | 14 | | of the fee, and the procedures, terms, and conditions relating | 15 | | to these fees. During the time period in which a person is | 16 | | required to install an ignition interlock device under this | 17 | | subsection (e), that person shall only operate vehicles in | 18 | | which ignition interlock devices have been installed, except as | 19 | | allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of | 20 | | this Code. | 21 | | (f) (Blank). | 22 | | (g) The Secretary of State Police DUI Fund is created as a | 23 | | special fund in the State treasury and, subject to | 24 | | appropriation, shall be used for enforcement and prevention of | 25 | | driving while under the influence of alcohol, other drug or | 26 | | drugs, intoxicating compound or compounds or any combination |
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| 1 | | thereof, as defined by Section 11-501 of this Code, including , | 2 | | but not limited to , the purchase of law enforcement equipment | 3 | | and commodities to assist in the prevention of alcohol-related | 4 | | alcohol related criminal violence throughout the State; police | 5 | | officer training and education in areas related to | 6 | | alcohol-related alcohol related crime, including , but not | 7 | | limited to , DUI training; and police officer salaries, | 8 | | including , but not limited to , salaries for hire back funding | 9 | | for safety checkpoints, saturation patrols, and liquor store | 10 | | sting operations. | 11 | | (h) Whenever an individual is sentenced for an offense | 12 | | based upon an arrest for a violation of Section 11-501 or a | 13 | | similar provision of a local ordinance, and the professional | 14 | | evaluation recommends remedial or rehabilitative treatment or | 15 | | education, neither the treatment nor the education shall be the | 16 | | sole disposition and either or both may be imposed only in | 17 | | conjunction with another disposition. The court shall monitor | 18 | | compliance with any remedial education or treatment | 19 | | recommendations contained in the professional evaluation. | 20 | | Programs conducting alcohol or other drug evaluation or | 21 | | remedial education must be licensed by the Department of Human | 22 | | Services. If the individual is not a resident of Illinois, | 23 | | however, the court may accept an alcohol or other drug | 24 | | evaluation or remedial education program in the individual's | 25 | | state of residence. Programs providing treatment must be | 26 | | licensed under existing applicable alcoholism and drug |
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| 1 | | treatment licensure standards. | 2 | | (i) (Blank).
| 3 | | (j) A person that is subject to a chemical test or tests of | 4 | | blood under subsection (a) of Section 11-501.1 or subdivision | 5 | | (c)(2) of Section 11-501.2 of this Code, whether or not that | 6 | | person consents to testing, shall be liable for the expense up | 7 | | to $500 for blood withdrawal by a physician authorized to | 8 | | practice medicine, a licensed physician assistant, a licensed | 9 | | advanced practice registered nurse, a registered nurse, a | 10 | | trained phlebotomist, a licensed paramedic, or a qualified | 11 | | person other than a police officer approved by the Department | 12 | | of State Police to withdraw blood, who responds, whether at a | 13 | | law enforcement facility or a health care facility, to a police | 14 | | department request for the drawing of blood based upon refusal | 15 | | of the person to submit to a lawfully requested breath test or | 16 | | probable cause exists to believe the test would disclose the | 17 | | ingestion, consumption, or use of drugs or intoxicating | 18 | | compounds if: | 19 | | (1) the person is found guilty of violating Section | 20 | | 11-501 of this Code or a similar provision of a local | 21 | | ordinance; or | 22 | | (2) the person pleads guilty to or stipulates to facts | 23 | | supporting a violation of Section 11-503 of this Code or a | 24 | | similar provision of a local ordinance when the plea or | 25 | | stipulation was the result of a plea agreement in which the | 26 | | person was originally charged with violating Section |
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| 1 | | 11-501 of this Code or a similar local ordinance. | 2 | | (Source: P.A. 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; 99-642, | 3 | | eff. 7-28-16; 100-513, eff. 1-1-18; 100-987, eff. 7-1-19; | 4 | | revised 10-19-18.)
| 5 | | Section 95. No acceleration or delay. Where this Act makes | 6 | | changes in a statute that is represented in this Act by text | 7 | | that is not yet or no longer in effect (for example, a Section | 8 | | represented by multiple versions), the use of that text does | 9 | | not accelerate or delay the taking effect of (i) the changes | 10 | | made by this Act or (ii) provisions derived from any other | 11 | | Public Act.
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