State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 002 ]


92_SB0064

 
                                              LRB9201534DHmbA

 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Emergency Medical Services (EMS)  Systems
 5    Act is amended by changing Section 3.225 as follows:

 6        (210 ILCS 50/3.225)
 7        Sec. 3.225.  Trauma Center Fund.
 8        (a)  Except   as   provided   in  subsection  (a-1),  the
 9    Department shall  distribute  97.5%  of  50%  of  the  moneys
10    deposited  into the Trauma Center Fund, a special fund in the
11    State Treasury, to Illinois hospitals that are designated  as
12    trauma  centers.  The payments to those hospitals shall be in
13    addition to any other payments paid and shall be in an amount
14    calculated under subsection paragraph (b) of this Section.
15        (a-1)  Of the moneys deposited into the Fund  from  fines
16    collected  under  subsection  (k)  of  Section  11-501 of the
17    Illinois Vehicle Code, 100% must be distributed  to  Illinois
18    hospitals   that  are  designated  as  trauma  centers.   The
19    payments to those hospitals shall be in addition to any other
20    payments paid and shall be  in  an  amount  calculated  under
21    subsection (b) of this Section.
22        (b)  Trauma payment calculation.
23             (1)  The  Department  shall  implement an accounting
24        system  to  ensure  that  the  moneys  in  the  fund  are
25        distributed.
26             (2)  The moneys  in  the  fund  shall  be  allocated
27        proportionately to each EMS region so that the EMS region
28        receives  the moneys collected from within its region for
29        violations of laws or ordinances regulating the  movement
30        of traffic.
31             (3)  The  formula  for  distribution  to  individual
 
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 1        hospitals  shall  be based on factors identified in rules
 2        adopted by the  Department  pursuant  to  this  Act.   No
 3        moneys  may  be  distributed  to  a trauma center located
 4        outside of the State.
 5        (c)  Except  as  provided  in   subsection   (a-1),   the
 6    Department may retain 2.5% of 50% of the moneys in the Trauma
 7    Center   Fund   to  defray  the  cost  of  administering  the
 8    distributions.
 9    (Source: P.A. 89-177, eff. 7-19-95.)

10        Section 10.  The Illinois  Vehicle  Code  is  amended  by
11    changing Section 11-501 as follows:

12        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
13        Sec.  11-501.   Driving  while  under  the  influence  of
14    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
15    compounds or any combination thereof.
16        (a)  A  person  shall  not drive or be in actual physical
17    control of any vehicle within this State while:
18             (1)  the alcohol concentration in the person's blood
19        or breath is 0.08 or more  based  on  the  definition  of
20        blood and breath units in Section 11-501.2;
21             (2)  under the influence of alcohol;
22             (3)  under   the   influence   of  any  intoxicating
23        compound or combination of intoxicating  compounds  to  a
24        degree  that  renders  the  person  incapable  of driving
25        safely;
26             (4)  under  the  influence  of  any  other  drug  or
27        combination of drugs to a degree that renders the  person
28        incapable of safely driving;
29             (5)  under  the combined influence of alcohol, other
30        drug or drugs, or intoxicating compound or compounds to a
31        degree  that  renders  the  person  incapable  of  safely
32        driving; or
 
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 1             (6)  there is any amount of a  drug,  substance,  or
 2        compound   in   the  person's  breath,  blood,  or  urine
 3        resulting  from  the  unlawful  use  or  consumption   of
 4        cannabis listed in the Cannabis Control Act, a controlled
 5        substance  listed  in  the Illinois Controlled Substances
 6        Act, or an intoxicating compound listed  in  the  Use  of
 7        Intoxicating Compounds Act.
 8        (b)  The fact that any person charged with violating this
 9    Section is or has been legally entitled to use alcohol, other
10    drug  or drugs, or intoxicating compound or compounds, or any
11    combination thereof,  shall not constitute a defense  against
12    any charge of violating this Section.
13        (c)  Except as provided under paragraphs (c-3) and (d) of
14    this  Section,  every  person  convicted  of  violating  this
15    Section or a similar provision of a local ordinance, shall be
16    guilty of a Class A misdemeanor and, in addition to any other
17    criminal  or administrative action, for any second conviction
18    of violating this Section or a similar provision of a law  of
19    another  state or local ordinance committed within 5 years of
20    a previous violation of this Section or a  similar  provision
21    of  a  local  ordinance  shall  be mandatorily sentenced to a
22    minimum of 48 consecutive hours of imprisonment  or  assigned
23    to  a  minimum  of  100  hours of community service as may be
24    determined by the court.  Every person convicted of violating
25    this Section or a similar  provision  of  a  local  ordinance
26    shall  be  subject  to a mandatory minimum fine of $500 and a
27    mandatory 5 days of community service in a program benefiting
28    children if the person committed a violation of paragraph (a)
29    or  a  similar  provision  of   a   local   ordinance   while
30    transporting a person under age 16.  Every person convicted a
31    second time for violating this Section or a similar provision
32    of  a  local ordinance within 5 years of a previous violation
33    of this Section or a similar provision of a  law  of  another
34    state  or  local  ordinance  shall  be subject to a mandatory
 
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 1    minimum fine of $500  and  10  days  of  mandatory  community
 2    service  in  a  program  benefiting  children  if the current
 3    offense was committed while transporting a person  under  age
 4    16.   The  imprisonment  or  assignment under this subsection
 5    shall not be subject to suspension nor shall  the  person  be
 6    eligible  for  probation  in  order to reduce the sentence or
 7    assignment.
 8        (c-1) (1)  A person who violates this  Section  during  a
 9        period in which his or her driving privileges are revoked
10        or  suspended, where the revocation or suspension was for
11        a violation of this Section, Section 11-501.1,  paragraph
12        (b)  of  Section  11-401,  or Section 9-3 of the Criminal
13        Code of 1961 is guilty of a Class 4 felony.
14             (2)  A person who violates this Section a third time
15        during a period in which his or  her  driving  privileges
16        are   revoked   or  suspended  where  the  revocation  or
17        suspension was for a violation of this  Section,  Section
18        11-501.1, paragraph (b) of Section 11-401, or Section 9-3
19        of  the  Criminal  Code  of  1961  is guilty of a Class 3
20        felony.
21             (3)  A person who violates this Section a fourth  or
22        subsequent  time  during  a  period  in  which his or her
23        driving privileges are revoked  or  suspended  where  the
24        revocation  or  suspension  was  for  a violation of this
25        Section,  Section  11-501.1,  paragraph  (b)  of  Section
26        11-401, or Section 9-3 of the Criminal Code  of  1961  is
27        guilty of a Class 2 felony.
28        (c-2)  (Blank).
29        (c-3)  Every  person  convicted of violating this Section
30    or a similar provision of a local ordinance who had  a  child
31    under  age 16 in the vehicle at the time of the offense shall
32    have his or her punishment under this Act enhanced by 2  days
33    of  imprisonment for a first offense, 10 days of imprisonment
34    for a second offense, 30 days of  imprisonment  for  a  third
 
                            -5-               LRB9201534DHmbA
 1    offense,  and  90  days  of  imprisonment  for  a  fourth  or
 2    subsequent  offense,  in  addition  to the fine and community
 3    service  required  under  subsection  (c)  and  the  possible
 4    imprisonment required under subsection (d).  The imprisonment
 5    or assignment under this subsection shall not be  subject  to
 6    suspension  nor shall the person be eligible for probation in
 7    order to reduce the sentence or assignment.
 8        (d) (1)  Every person convicted of committing a violation
 9    of this Section shall be guilty of aggravated  driving  under
10    the   influence   of   alcohol,   other  drug  or  drugs,  or
11    intoxicating  compound  or  compounds,  or  any   combination
12    thereof if:
13             (A)  the   person  committed  a  violation  of  this
14        Section, or a similar provision of a law of another state
15        or a local ordinance when the cause of action is the same
16        as or substantially similar  to  this  Section,  for  the
17        third or subsequent time;
18             (B)  the  person  committed a violation of paragraph
19        (a) while driving a school bus with children on board;
20             (C)  the  person  in  committing  a   violation   of
21        paragraph  (a)  was  involved in a motor vehicle accident
22        that  resulted  in  great  bodily   harm   or   permanent
23        disability   or   disfigurement   to  another,  when  the
24        violation was a proximate cause of the injuries; or
25             (D)  the person committed a violation  of  paragraph
26        (a)  for  a second time and has been previously convicted
27        of violating Section 9-3 of the  Criminal  Code  of  1961
28        relating  to  reckless  homicide  in which the person was
29        determined to have been under the influence  of  alcohol,
30        other   drug   or  drugs,  or  intoxicating  compound  or
31        compounds as an element of the offense or the person  has
32        previously  been convicted under subparagraph (C) of this
33        paragraph (1).
34        (2)  Aggravated driving under the influence  of  alcohol,
 
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 1    other  drug  or drugs, or intoxicating compound or compounds,
 2    or any combination thereof is a Class 4 felony  for  which  a
 3    person,  if  sentenced  to  a  term of imprisonment, shall be
 4    sentenced to not less than one year and not more than 3 years
 5    for a violation of subparagraph (A), (B) or (D) of  paragraph
 6    (1) of this subsection (d) and not less than one year and not
 7    more  than  12  years  for a violation of subparagraph (C) of
 8    paragraph (1) of this subsection  (d).  For  any  prosecution
 9    under  this  subsection  (d), a certified copy of the driving
10    abstract of the defendant shall be admitted as proof  of  any
11    prior conviction.
12        (e)  After  a  finding  of  guilt  and prior to any final
13    sentencing, or an order for supervision, for an offense based
14    upon an arrest for a violation of this Section or  a  similar
15    provision of a local ordinance, individuals shall be required
16    to  undergo  a  professional  evaluation  to  determine if an
17    alcohol, drug, or intoxicating compound abuse problem  exists
18    and  the  extent  of  the problem.  Programs conducting these
19    evaluations shall be licensed  by  the  Department  of  Human
20    Services.   The  cost of any professional evaluation shall be
21    paid  for  by  the  individual  required   to   undergo   the
22    professional evaluation.
23        (f)  Every person found guilty of violating this Section,
24    whose operation of a motor vehicle while in violation of this
25    Section  proximately  caused  any  incident  resulting  in an
26    appropriate emergency  response,  shall  be  liable  for  the
27    expense  of  an  emergency response as provided under Section
28    5-5-3 of the Unified Code of Corrections.
29        (g)  The Secretary of  State  shall  revoke  the  driving
30    privileges  of  any  person convicted under this Section or a
31    similar provision of a local ordinance.
32        (h)  Every person sentenced under subsection (d) of  this
33    Section  and  who receives a term of probation or conditional
34    discharge shall be required to serve a minimum term of either
 
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 1    30 days community service or,  beginning  July  1,  1993,  48
 2    consecutive  hours  of  imprisonment  as  a  condition of the
 3    probation or conditional discharge.  This  mandatory  minimum
 4    term of imprisonment or assignment of community service shall
 5    not be suspended and shall not be subject to reduction by the
 6    court.
 7        (i)  The  Secretary  of  State may use ignition interlock
 8    device  requirements  when   granting   driving   relief   to
 9    individuals who have been arrested for a second or subsequent
10    offense  of  this  Section  or a similar provision of a local
11    ordinance.   The  Secretary  shall  establish  by  rule   and
12    regulation the procedures for use of the interlock system.
13        (j)  In  addition to any other penalties and liabilities,
14    a person who is found guilty of or pleads guilty to violating
15    this  Section,  including  any   person   placed   on   court
16    supervision  for violating this Section, shall be fined $100,
17    payable to the circuit clerk, who shall distribute the  money
18    to  the  law enforcement agency that made the arrest.  If the
19    person  has  been  previously  convicted  of  violating  this
20    Section or a similar provision of a local ordinance, the fine
21    shall be $200.  In the event that more  than  one  agency  is
22    responsible  for the arrest, the $100 or $200 shall be shared
23    equally.  Any moneys received by  a  law  enforcement  agency
24    under  this  subsection  (j)  shall  be  used to purchase law
25    enforcement equipment that will assist in the  prevention  of
26    alcohol related criminal violence throughout the State.  This
27    shall  include,  but is not limited to, in-car video cameras,
28    radar and laser speed detection devices, and  alcohol  breath
29    testers.  Any  moneys  received  by  the  Department of State
30    Police under this subsection (j) shall be deposited into  the
31    State  Police  DUI  Fund  and  shall  be used to purchase law
32    enforcement equipment that will assist in the  prevention  of
33    alcohol related criminal violence throughout the State.
34        (k)  In addition to any fine imposed under subsection (c)
 
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 1    or (j) of this Section, a fine of $100 shall be levied by the
 2    court,  the  proceeds  of  which  shall  be  collected by the
 3    circuit clerk and  remitted  to  the  State  Treasurer  under
 4    Section 27.6 of the Clerks of Courts Act for deposit into the
 5    Trauma   Center  Fund  for  distribution  as  provided  under
 6    subsection (a-1) of Section 3.225 of  the  Emergency  Medical
 7    Services (EMS) Systems Act.
 8    (Source: P.A.  90-43,  eff.  7-2-97;  90-400,  eff.  8-15-97;
 9    90-611,  eff.  1-1-99;  90-655,  eff.  7-30-98;  90-738, eff.
10    1-1-99; 90-779, eff. 1-1-99; 91-126,  eff.  7-16-99;  91-357,
11    eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.)

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