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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 subsectionparagraph(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 -2- LRB9201534DHmbA 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 -3- LRB9201534DHmbA 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 -4- LRB9201534DHmbA 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, -6- LRB9201534DHmbA 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 -7- LRB9201534DHmbA 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) -8- LRB9201534DHmbA 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.)