Full Text of HB4717 94th General Assembly
HB4717enr 94TH GENERAL ASSEMBLY
|
|
|
HB4717 Enrolled |
|
LRB094 17726 DRH 53025 b |
|
| 1 |
| AN ACT concerning driving offenses.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 1-2-1.2 as follows: | 6 |
| (65 ILCS 5/1-2-1.2)
| 7 |
| Sec. 1-2-1.2. Felony DUI prosecutions prohibited. | 8 |
| (a) A unit of local government, including a home rule unit, | 9 |
| may not enforce any ordinance that prohibits driving under the | 10 |
| influence of alcohol, other drug or drugs, intoxicating | 11 |
| compound or compounds, or any combination thereof if, based on | 12 |
| the alleged facts of the case or the defendant's driving | 13 |
| history or record, the offense charged would constitute a | 14 |
| felony under Section 11-501 of the Illinois Vehicle Code , | 15 |
| unless the State's Attorney rejects or denies felony charges | 16 |
| for the conduct that comprises the charge . | 17 |
| (b) A municipal attorney must (i) review the driving record | 18 |
| of any defendant accused of violating any ordinance that | 19 |
| prohibits driving under the influence of alcohol, other drug or | 20 |
| drugs, intoxicating compound or compounds, or any combination | 21 |
| thereof and (ii) if the offense charged would constitute a | 22 |
| felony under Section 11-501 of the Illinois Vehicle Code, | 23 |
| notify the State's Attorney of the county of the felony | 24 |
| charges. | 25 |
| (c) This Section is a denial and limitation of home rule | 26 |
| powers and functions under subsection (g) of Section 6 of | 27 |
| Article VII of the Illinois Constitution.
| 28 |
| (Source: P.A. 94-111, eff. 1-1-06.) | 29 |
| Section 10. The Illinois Vehicle Code is amended by | 30 |
| changing Sections 11-208.5 and 16-102 as follows: |
|
|
|
HB4717 Enrolled |
- 2 - |
LRB094 17726 DRH 53025 b |
|
| 1 |
| (625 ILCS 5/11-208.5)
| 2 |
| Sec. 11-208.5. Prosecution of felony DUI by local | 3 |
| authorities prohibited. | 4 |
| (a) The powers of a local authority to enact or enforce any | 5 |
| ordinance or rule with respect to the streets or highways under | 6 |
| its jurisdiction relating to driving under the influence of | 7 |
| alcohol, other drug or drugs, intoxicating compound or | 8 |
| compounds, or any combination thereof is limited to the | 9 |
| enactment and enforcement of ordinances or rules the violation | 10 |
| of which would constitute a misdemeanor under Section 11-501 of | 11 |
| the Illinois Vehicle Code. | 12 |
| (b) A local authority may not enact or enforce any | 13 |
| ordinance or rule with respect to streets and highways under | 14 |
| its jurisdiction if a violation of that ordinance or rule would | 15 |
| constitute a felony under Section 11-501 of the Illinois | 16 |
| Vehicle Code. The municipality may, however, charge an offender | 17 |
| with a municipal misdemeanor offense if the State's Attorney | 18 |
| rejects or denies felony charges for the conduct that comprises | 19 |
| the charge.
| 20 |
| (c) A municipal attorney who is aware that, based on a | 21 |
| driver's history, the driver is subject to prosecution for a | 22 |
| felony under Section 11-501 of the Illinois Vehicle Code, must | 23 |
| notify the State's Attorney of that county of the driver's | 24 |
| conduct and may not prosecute the driver on behalf of the | 25 |
| municipality.
| 26 |
| (Source: P.A. 94-111, eff. 1-1-06.)
| 27 |
| (625 ILCS 5/16-102) (from Ch. 95 1/2, par. 16-102)
| 28 |
| Sec. 16-102. Arrests - Investigations - Prosecutions. | 29 |
| (a) The State Police shall patrol the public highways and | 30 |
| make arrests
for violation of the provisions of this Act.
| 31 |
| (b) The Secretary of State, through the investigators | 32 |
| provided for in
this Act shall investigate and report | 33 |
| violations of the provisions of
this Act in relation to the | 34 |
| equipment and operation of vehicles as
provided for in Section | 35 |
| 2-115 and for such purposes these investigators
have and may |
|
|
|
HB4717 Enrolled |
- 3 - |
LRB094 17726 DRH 53025 b |
|
| 1 |
| exercise throughout the State all of the powers of police | 2 |
| officers.
| 3 |
| (c) The State's Attorney of the county in which the | 4 |
| violation occurs
shall prosecute all violations except when the | 5 |
| violation occurs within
the corporate limits of a municipality, | 6 |
| the municipal attorney may
prosecute if written permission to | 7 |
| do so is obtained from the State's
Attorney. | 8 |
| (d) The State's Attorney of the county in which the | 9 |
| violation occurs may not grant to the municipal attorney | 10 |
| permission to prosecute if the offense charged is a felony | 11 |
| under Section 11-501 of this Code. The municipality may, | 12 |
| however, charge an offender with a municipal misdemeanor | 13 |
| offense if the State's Attorney rejects or denies felony | 14 |
| charges for the conduct that comprises the charge.
| 15 |
| (Source: P.A. 94-111, eff. 1-1-06.)
| 16 |
| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
|
|