Full Text of SB3763 97th General Assembly
SB3763 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3763 Introduced 2/10/2012, by Sen. Emil Jones, III SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that any person who is found guilty of or pleads guilty to driving while intoxicated, including any person receiving a disposition of court supervision for violating that Section, shall (instead of "may") be required to attend a victim impact panel. Adds Victim Impact Speakers to the list of organizations permitted to run victim impact panels. Effective immediately.
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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 | | 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 | | shall may be required by the Court to attend a victim impact |
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| 1 | | panel offered by, or under contract with, a county State's | 2 | | Attorney's office, a probation and court services department, | 3 | | Victim Impact Speakers, Mothers Against Drunk Driving, or the | 4 | | Alliance Against Intoxicated Motorists. All costs generated by | 5 | | the victim impact panel shall be paid from fees collected from | 6 | | the offender or as may be 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 to purchase law enforcement | 17 | | equipment that will assist in the prevention of alcohol related | 18 | | criminal violence throughout the State. This shall include, but | 19 | | is not limited to, in-car video cameras, radar and laser speed | 20 | | detection devices, and alcohol breath testers. Any moneys | 21 | | received by the Department of State Police under this | 22 | | subsection (f) shall be deposited into the State Police DUI | 23 | | Fund and shall be used to purchase law enforcement equipment | 24 | | that will assist in the prevention of alcohol related criminal | 25 | | violence throughout the State. | 26 | | (g) The Secretary of State Police DUI Fund is created as a |
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| 1 | | special fund in the State treasury. All moneys received by the | 2 | | Secretary of State Police under subsection (f) of this Section | 3 | | shall be deposited into the Secretary of State Police DUI Fund | 4 | | and, subject to appropriation, shall be used to purchase law | 5 | | enforcement equipment to assist in the prevention of alcohol | 6 | | related criminal violence throughout the State. | 7 | | (h) Whenever an individual is sentenced for an offense | 8 | | based upon an arrest for a violation of Section 11-501 or a | 9 | | similar provision of a local ordinance, and the professional | 10 | | evaluation recommends remedial or rehabilitative treatment or | 11 | | education, neither the treatment nor the education shall be the | 12 | | sole disposition and either or both may be imposed only in | 13 | | conjunction with another disposition. The court shall monitor | 14 | | compliance with any remedial education or treatment | 15 | | recommendations contained in the professional evaluation. | 16 | | Programs conducting alcohol or other drug evaluation or | 17 | | remedial education must be licensed by the Department of Human | 18 | | Services. If the individual is not a resident of Illinois, | 19 | | however, the court may accept an alcohol or other drug | 20 | | evaluation or remedial education program in the individual's | 21 | | state of residence. Programs providing treatment must be | 22 | | licensed under existing applicable alcoholism and drug | 23 | | treatment licensure standards. | 24 | | (i) In addition to any other fine or penalty required by | 25 | | law, an individual convicted of a violation of Section 11-501, | 26 | | Section 5-7 of the Snowmobile Registration and Safety Act, |
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| 1 | | Section 5-16 of the Boat Registration and Safety Act, or a | 2 | | similar provision, whose operation of a motor vehicle, | 3 | | snowmobile, or watercraft while in violation of Section 11-501, | 4 | | Section 5-7 of the Snowmobile Registration and Safety Act, | 5 | | Section 5-16 of the Boat Registration and Safety Act, or a | 6 | | similar provision proximately caused an incident resulting in | 7 | | an appropriate emergency response, shall be required to make | 8 | | restitution to a public agency for the costs of that emergency | 9 | | response. The restitution may not exceed $1,000 per public | 10 | | agency for each emergency response. As used in this subsection | 11 | | (i), "emergency response" means any incident requiring a | 12 | | response by a police officer, a firefighter carried on the | 13 | | rolls of a regularly constituted fire department, or an | 14 | | ambulance.
| 15 | | (Source: P.A. 95-578, eff. 6-1-08; 95-848, eff. 1-1-09; | 16 | | 96-1342, eff. 1-1-11.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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