Bill Text: IL HB5797 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Makes a first offense for driving under the influence while transporting a child under the age of 16 a factor in aggravation, rather than a second offense. Provides that the first conviction of aggravated driving under the influence while transporting a child under 16 shall require the installation of an ignition interlock device, rather than the second conviction.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB5797 Detail]
Download: Illinois-2013-HB5797-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||||||||||||||||||||||
5 | Sections 11-501 and 11-501.01 as follows:
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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.
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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 or | ||||||||||||||||||||||||||
13 | breath is 0.08 or more based on the definition of blood and | ||||||||||||||||||||||||||
14 | breath units in Section 11-501.2; | ||||||||||||||||||||||||||
15 | (2) under the influence of alcohol; | ||||||||||||||||||||||||||
16 | (3) under the influence of any intoxicating compound or | ||||||||||||||||||||||||||
17 | combination of intoxicating compounds to a degree that | ||||||||||||||||||||||||||
18 | renders the person incapable of driving safely; | ||||||||||||||||||||||||||
19 | (4) under the influence of any other drug or | ||||||||||||||||||||||||||
20 | combination of drugs to a degree that renders the person | ||||||||||||||||||||||||||
21 | incapable of safely driving; | ||||||||||||||||||||||||||
22 | (5) under the combined influence of alcohol, other drug | ||||||||||||||||||||||||||
23 | or drugs, or intoxicating compound or compounds to a degree |
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1 | that renders the person incapable of safely driving; or | ||||||
2 | (6) there is any amount of a drug, substance, or | ||||||
3 | compound in the person's breath, blood, or urine resulting | ||||||
4 | from the unlawful use or consumption of cannabis listed in | ||||||
5 | the Cannabis Control Act, a controlled substance listed in | ||||||
6 | the Illinois Controlled Substances Act, an intoxicating | ||||||
7 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
8 | or methamphetamine as listed in the Methamphetamine | ||||||
9 | Control and Community Protection Act.
Subject to all other | ||||||
10 | requirements and provisions under this Section, this | ||||||
11 | paragraph (6) does not apply to the lawful consumption of | ||||||
12 | cannabis by a qualifying patient licensed under the | ||||||
13 | Compassionate Use of Medical Cannabis Pilot Program Act who | ||||||
14 | is in possession of a valid registry card issued under that | ||||||
15 | Act, unless that person is impaired by the use of cannabis. | ||||||
16 | (b) The fact that any person charged with violating this | ||||||
17 | Section is or has been legally entitled to use alcohol, | ||||||
18 | cannabis under the Compassionate Use of Medical Cannabis Pilot | ||||||
19 | Program Act, other drug or drugs, or intoxicating compound or | ||||||
20 | compounds, or any combination thereof, shall not constitute a | ||||||
21 | defense against any charge of violating this Section. | ||||||
22 | (c) Penalties. | ||||||
23 | (1) Except as otherwise provided in this Section, any | ||||||
24 | person convicted of violating subsection (a) of this | ||||||
25 | Section is guilty of a Class A misdemeanor. | ||||||
26 | (2) A person who violates subsection (a) or a similar |
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1 | provision a second time shall be sentenced to a mandatory | ||||||
2 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
3 | of community service in addition to any other criminal or | ||||||
4 | administrative sanction. | ||||||
5 | (3) A person who violates subsection (a) is subject to | ||||||
6 | 6 months of imprisonment, an additional mandatory minimum | ||||||
7 | fine of $1,000, and 25 days of community service in a | ||||||
8 | program benefiting children if the person was transporting | ||||||
9 | a person under the age of 16 at the time of the violation. | ||||||
10 | (4) A person who violates subsection (a) a first time, | ||||||
11 | if the alcohol concentration in his or her blood, breath, | ||||||
12 | or urine was 0.16 or more based on the definition of blood, | ||||||
13 | breath, or urine units in Section 11-501.2, shall be | ||||||
14 | subject, in addition to any other penalty that may be | ||||||
15 | imposed, to a mandatory minimum of 100 hours of community | ||||||
16 | service and a mandatory minimum fine of $500. | ||||||
17 | (5) A person who violates subsection (a) a second time, | ||||||
18 | if at the time of the second violation the alcohol | ||||||
19 | concentration in his or her blood, breath, or urine was | ||||||
20 | 0.16 or more based on the definition of blood, breath, or | ||||||
21 | urine units in Section 11-501.2, shall be subject, in | ||||||
22 | addition to any other penalty that may be imposed, to a | ||||||
23 | mandatory minimum of 2 days of imprisonment and a mandatory | ||||||
24 | minimum fine of $1,250. | ||||||
25 | (d) Aggravated driving under the influence of alcohol, | ||||||
26 | other drug or drugs, or intoxicating compound or compounds, or |
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1 | any combination thereof.
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2 | (1) Every person convicted of committing a violation of | ||||||
3 | this Section shall be guilty of aggravated driving under | ||||||
4 | the influence of alcohol, other drug or drugs, or | ||||||
5 | intoxicating compound or compounds, or any combination | ||||||
6 | thereof if: | ||||||
7 | (A) the person committed a violation of subsection | ||||||
8 | (a) or a similar provision for the third or subsequent | ||||||
9 | time; | ||||||
10 | (B) the person committed a violation of subsection | ||||||
11 | (a) while driving a school bus with one or more | ||||||
12 | passengers on board; | ||||||
13 | (C) the person in committing a violation of | ||||||
14 | subsection (a) was involved in a motor vehicle accident | ||||||
15 | that resulted in great bodily harm or permanent | ||||||
16 | disability or disfigurement to another, when the | ||||||
17 | violation was a proximate cause of the injuries; | ||||||
18 | (D) the person committed a violation of subsection | ||||||
19 | (a) and has been previously convicted of violating | ||||||
20 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
21 | Criminal Code of 2012 or a similar provision of a law | ||||||
22 | of another state relating to reckless homicide in which | ||||||
23 | the person was determined to have been under the | ||||||
24 | influence of alcohol, other drug or drugs, or | ||||||
25 | intoxicating compound or compounds as an element of the | ||||||
26 | offense or the person has previously been convicted |
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1 | under subparagraph (C) or subparagraph (F) of this | ||||||
2 | paragraph (1); | ||||||
3 | (E) the person, in committing a violation of | ||||||
4 | subsection (a) while driving at any speed in a school | ||||||
5 | speed zone at a time when a speed limit of 20 miles per | ||||||
6 | hour was in effect under subsection (a) of Section | ||||||
7 | 11-605 of this Code, was involved in a motor vehicle | ||||||
8 | accident that resulted in bodily harm, other than great | ||||||
9 | bodily harm or permanent disability or disfigurement, | ||||||
10 | to another person, when the violation of subsection (a) | ||||||
11 | was a proximate cause of the bodily harm; | ||||||
12 | (F) the person, in committing a violation of | ||||||
13 | subsection (a), was involved in a motor vehicle, | ||||||
14 | snowmobile, all-terrain vehicle, or watercraft | ||||||
15 | accident that resulted in the death of another person, | ||||||
16 | when the violation of subsection (a) was a proximate | ||||||
17 | cause of the death; | ||||||
18 | (G) the person committed a violation of subsection | ||||||
19 | (a) during a period in which the defendant's driving | ||||||
20 | privileges are revoked or suspended, where the | ||||||
21 | revocation or suspension was for a violation of | ||||||
22 | subsection (a) or a similar provision, Section | ||||||
23 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
24 | reckless homicide as defined in Section 9-3 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
26 | (H) the person committed the violation while he or |
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1 | she did not possess a driver's license or permit or a | ||||||
2 | restricted driving permit or a judicial driving permit | ||||||
3 | or a monitoring device driving permit; | ||||||
4 | (I) the person committed the violation while he or | ||||||
5 | she knew or should have known that the vehicle he or | ||||||
6 | she was driving was not covered by a liability | ||||||
7 | insurance policy; | ||||||
8 | (J) the person in committing a violation of | ||||||
9 | subsection (a) was involved in a motor vehicle accident | ||||||
10 | that resulted in bodily harm, but not great bodily | ||||||
11 | harm, to the child under the age of 16 being | ||||||
12 | transported by the person, if the violation was the | ||||||
13 | proximate cause of the injury; | ||||||
14 | (K) the person in committing a second violation of | ||||||
15 | subsection (a) or a similar provision was transporting | ||||||
16 | a person under the age of 16; or | ||||||
17 | (L) the person committed a violation of subsection | ||||||
18 | (a) of this Section while transporting one or more | ||||||
19 | passengers in a vehicle for-hire. | ||||||
20 | (2)(A) Except as provided otherwise, a person | ||||||
21 | convicted of aggravated driving under the influence of | ||||||
22 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
23 | compounds, or any combination thereof is guilty of a Class | ||||||
24 | 4 felony. | ||||||
25 | (B) A third violation of this Section or a similar | ||||||
26 | provision is a Class 2 felony. If at the time of the third |
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1 | violation the alcohol concentration in his or her blood, | ||||||
2 | breath, or urine was 0.16 or more based on the definition | ||||||
3 | of blood, breath, or urine units in Section 11-501.2, a | ||||||
4 | mandatory minimum of 90 days of imprisonment and a | ||||||
5 | mandatory minimum fine of $2,500 shall be imposed in | ||||||
6 | addition to any other criminal or administrative sanction. | ||||||
7 | If at the time of the third violation, the defendant was | ||||||
8 | transporting a person under the age of 16, a mandatory fine | ||||||
9 | of $25,000 and 25 days of community service in a program | ||||||
10 | benefiting children shall be imposed in addition to any | ||||||
11 | other criminal or administrative sanction. | ||||||
12 | (C) A fourth violation of this Section or a similar | ||||||
13 | provision is a Class 2 felony, for which a sentence of | ||||||
14 | probation or conditional discharge may not be imposed. If | ||||||
15 | at the time of the violation, the alcohol concentration in | ||||||
16 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
17 | based on the definition of blood, breath, or urine units in | ||||||
18 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
19 | be imposed in addition to any other criminal or | ||||||
20 | administrative sanction. If at the time of the fourth | ||||||
21 | violation, the defendant was transporting a person under | ||||||
22 | the age of 16 a mandatory fine of $25,000 and 25 days of | ||||||
23 | community service in a program benefiting children shall be | ||||||
24 | imposed in addition to any other criminal or administrative | ||||||
25 | sanction. | ||||||
26 | (D) A fifth violation of this Section or a similar |
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1 | provision is a Class 1 felony, for which a sentence of | ||||||
2 | probation or conditional discharge may not be imposed. If | ||||||
3 | at the time of the violation, the alcohol concentration in | ||||||
4 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
5 | based on the definition of blood, breath, or urine units in | ||||||
6 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
7 | be imposed in addition to any other criminal or | ||||||
8 | administrative sanction. If at the time of the fifth | ||||||
9 | violation, the defendant was transporting a person under | ||||||
10 | the age of 16, a mandatory fine of $25,000, and 25 days of | ||||||
11 | community service in a program benefiting children shall be | ||||||
12 | imposed in addition to any other criminal or administrative | ||||||
13 | sanction. | ||||||
14 | (E) A sixth or subsequent violation of this Section or | ||||||
15 | similar provision is a Class X felony. If at the time of | ||||||
16 | the violation, the alcohol concentration in the | ||||||
17 | defendant's blood, breath, or urine was 0.16 or more based | ||||||
18 | on the definition of blood, breath, or urine units in | ||||||
19 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
20 | be imposed in addition to any other criminal or | ||||||
21 | administrative sanction. If at the time of the violation, | ||||||
22 | the defendant was transporting a person under the age of | ||||||
23 | 16, a mandatory fine of $25,000 and 25 days of community | ||||||
24 | service in a program benefiting children shall be imposed | ||||||
25 | in addition to any other criminal or administrative | ||||||
26 | sanction. |
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1 | (F) For a violation of subparagraph (C) of paragraph | ||||||
2 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
3 | a term of imprisonment, shall be sentenced to not less than | ||||||
4 | one year nor more than 12 years. | ||||||
5 | (G) A violation of subparagraph (F) of paragraph (1) of | ||||||
6 | this subsection (d) is a Class 2 felony, for which the | ||||||
7 | defendant, unless the court determines that extraordinary | ||||||
8 | circumstances exist and require probation, shall be | ||||||
9 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
10 | years and not more than 14 years if the violation resulted | ||||||
11 | in the death of one person; or (ii) a term of imprisonment | ||||||
12 | of not less than 6 years and not more than 28 years if the | ||||||
13 | violation resulted in the deaths of 2 or more persons. | ||||||
14 | (H) For a violation of subparagraph (J) of paragraph | ||||||
15 | (1) of this subsection (d), a mandatory fine of $2,500, and | ||||||
16 | 25 days of community service in a program benefiting | ||||||
17 | children shall be imposed in addition to any other criminal | ||||||
18 | or administrative sanction. | ||||||
19 | (I) A violation of subparagraph (K) of paragraph (1) of | ||||||
20 | this subsection (d), is a Class 2 felony and a mandatory | ||||||
21 | fine of $2,500, and 25 days of community service in a | ||||||
22 | program benefiting children shall be imposed in addition to | ||||||
23 | any other criminal or administrative sanction. If the child | ||||||
24 | being transported suffered bodily harm, but not great | ||||||
25 | bodily harm, in a motor vehicle accident, and the violation | ||||||
26 | was the proximate cause of that injury, a mandatory fine of |
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1 | $5,000 and 25 days of community service in a program | ||||||
2 | benefiting children shall be imposed in addition to any | ||||||
3 | other criminal or administrative sanction. | ||||||
4 | (J) A violation of subparagraph (D) of paragraph (1) of | ||||||
5 | this subsection (d) is a Class 3 felony, for which a | ||||||
6 | sentence of probation or conditional discharge may not be | ||||||
7 | imposed. | ||||||
8 | (3) Any person sentenced under this subsection (d) who | ||||||
9 | receives a term of probation or conditional discharge must | ||||||
10 | serve a minimum term of either 480 hours of community | ||||||
11 | service or 10 days of imprisonment as a condition of the | ||||||
12 | probation or conditional discharge in addition to any other | ||||||
13 | criminal or administrative sanction. | ||||||
14 | (e) Any reference to a prior violation of subsection (a) or | ||||||
15 | a similar provision includes any violation of a provision of a | ||||||
16 | local ordinance or a provision of a law of another state or an | ||||||
17 | offense committed on a military installation that is similar to | ||||||
18 | a violation of subsection (a) of this Section. | ||||||
19 | (f) The imposition of a mandatory term of imprisonment or | ||||||
20 | assignment of community service for a violation of this Section | ||||||
21 | shall not be suspended or reduced by the court. | ||||||
22 | (g) Any penalty imposed for driving with a license that has | ||||||
23 | been revoked for a previous violation of subsection (a) of this | ||||||
24 | Section shall be in addition to the penalty imposed for any | ||||||
25 | subsequent violation of subsection (a). | ||||||
26 | (h) For any prosecution under this Section, a certified |
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1 | copy of the driving abstract of the defendant shall be admitted | ||||||
2 | as proof of any prior conviction.
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3 | (Source: P.A. 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; | ||||||
4 | 98-573, eff. 8-27-13; revised 9-19-13.)
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5 | (625 ILCS 5/11-501.01)
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6 | Sec. 11-501.01. Additional administrative sanctions. | ||||||
7 | (a) After a finding of guilt and prior to any final | ||||||
8 | sentencing or an order for supervision, for an offense based | ||||||
9 | upon an arrest for a violation of Section 11-501 or a similar | ||||||
10 | provision of a local ordinance, individuals shall be required | ||||||
11 | to undergo a professional evaluation to determine if an | ||||||
12 | alcohol, drug, or intoxicating compound abuse problem exists | ||||||
13 | and the extent of the problem, and undergo the imposition of | ||||||
14 | treatment as appropriate. Programs conducting these | ||||||
15 | evaluations shall be licensed by the Department of Human | ||||||
16 | Services. The cost of any professional evaluation shall be paid | ||||||
17 | for by the individual required to undergo the professional | ||||||
18 | evaluation. | ||||||
19 | (b) Any person who is found guilty of or pleads guilty to | ||||||
20 | violating Section 11-501, including any person receiving a | ||||||
21 | disposition of court supervision for violating that Section, | ||||||
22 | may be required by the Court to attend a victim impact panel | ||||||
23 | offered by, or under contract with, a county State's Attorney's | ||||||
24 | office, a probation and court services department, Mothers | ||||||
25 | Against Drunk Driving, or the Alliance Against Intoxicated |
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1 | Motorists. All costs generated by the victim impact panel shall | ||||||
2 | be paid from fees collected from the offender or as may be | ||||||
3 | determined by the court. | ||||||
4 | (c) Every person found guilty of violating Section 11-501, | ||||||
5 | whose operation of a motor vehicle while in violation of that | ||||||
6 | Section proximately caused any incident resulting in an | ||||||
7 | appropriate emergency response, shall be liable for the expense | ||||||
8 | of an emergency response as provided in subsection (i) of this | ||||||
9 | Section. | ||||||
10 | (d) The Secretary of State shall revoke the driving | ||||||
11 | privileges of any person convicted under Section 11-501 or a | ||||||
12 | similar provision of a local ordinance. | ||||||
13 | (e) The Secretary of State shall require the use of | ||||||
14 | ignition interlock devices on all vehicles owned by a person | ||||||
15 | who has been convicted of a second or subsequent offense of | ||||||
16 | Section 11-501 , or a first offense for a violation of | ||||||
17 | subparagraph (K) of paragraph (1) of subsection (d) of Section | ||||||
18 | 11-501 of this Code, or a similar provision of a local | ||||||
19 | ordinance. The person must pay to the Secretary of State DUI | ||||||
20 | Administration Fund an amount not to exceed $30 for each month | ||||||
21 | that he or she uses the device. The Secretary shall establish | ||||||
22 | by rule and regulation the procedures for certification and use | ||||||
23 | of the interlock system, the amount of the fee, and the | ||||||
24 | procedures, terms, and conditions relating to these fees. | ||||||
25 | (f) In addition to any other penalties and liabilities, a | ||||||
26 | person who is found guilty of or pleads guilty to violating |
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1 | Section 11-501, including any person placed on court | ||||||
2 | supervision for violating Section 11-501, shall be assessed | ||||||
3 | $750, payable to the circuit clerk, who shall distribute the | ||||||
4 | money as follows: $350 to the law enforcement agency that made | ||||||
5 | the arrest, and $400 shall be forwarded to the State Treasurer | ||||||
6 | for deposit into the General Revenue Fund. If the person has | ||||||
7 | been previously convicted of violating Section 11-501 or a | ||||||
8 | similar provision of a local ordinance, the fine shall be | ||||||
9 | $1,000, and the circuit clerk shall distribute
$200 to the law | ||||||
10 | enforcement agency that
made the arrest and $800 to the State
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11 | Treasurer for deposit into the General Revenue Fund. In the | ||||||
12 | event that more than one agency is responsible for the arrest, | ||||||
13 | the amount payable to law enforcement agencies shall be shared | ||||||
14 | equally. Any moneys received by a law enforcement agency under | ||||||
15 | this subsection (f) shall be used for enforcement and | ||||||
16 | prevention of driving while under the influence of alcohol, | ||||||
17 | other drug or drugs, intoxicating compound or compounds or any | ||||||
18 | combination thereof, as defined by Section 11-501 of this Code, | ||||||
19 | including but not limited to the purchase of law enforcement | ||||||
20 | equipment and commodities that will assist in the prevention of | ||||||
21 | alcohol related criminal violence throughout the State; police | ||||||
22 | officer training and education in areas related to alcohol | ||||||
23 | related crime, including but not limited to DUI training; and | ||||||
24 | police officer salaries, including but not limited to salaries | ||||||
25 | for hire back funding for safety checkpoints, saturation | ||||||
26 | patrols, and liquor store sting operations. Any moneys received |
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1 | by the Department of State Police under this subsection (f) | ||||||
2 | shall be deposited into the State Police DUI Fund and shall be | ||||||
3 | used to purchase law enforcement equipment that will assist in | ||||||
4 | the prevention of alcohol related criminal violence throughout | ||||||
5 | the State. | ||||||
6 | (g) The Secretary of State Police DUI Fund is created as a | ||||||
7 | special fund in the State treasury. All moneys received by the | ||||||
8 | Secretary of State Police under subsection (f) of this Section | ||||||
9 | shall be deposited into the Secretary of State Police DUI Fund | ||||||
10 | and, subject to appropriation, shall be used for enforcement | ||||||
11 | and prevention of driving while under the influence of alcohol, | ||||||
12 | other drug or drugs, intoxicating compound or compounds or any | ||||||
13 | combination thereof, as defined by Section 11-501 of this Code, | ||||||
14 | including but not limited to the purchase of law enforcement | ||||||
15 | equipment and commodities to assist in the prevention of | ||||||
16 | alcohol related criminal violence throughout the State; police | ||||||
17 | officer training and education in areas related to alcohol | ||||||
18 | related crime, including but not limited to DUI training; and | ||||||
19 | police officer salaries, including but not limited to salaries | ||||||
20 | for hire back funding for safety checkpoints, saturation | ||||||
21 | patrols, and liquor store sting operations. | ||||||
22 | (h) Whenever an individual is sentenced for an offense | ||||||
23 | based upon an arrest for a violation of Section 11-501 or a | ||||||
24 | similar provision of a local ordinance, and the professional | ||||||
25 | evaluation recommends remedial or rehabilitative treatment or | ||||||
26 | education, neither the treatment nor the education shall be the |
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1 | sole disposition and either or both may be imposed only in | ||||||
2 | conjunction with another disposition. The court shall monitor | ||||||
3 | compliance with any remedial education or treatment | ||||||
4 | recommendations contained in the professional evaluation. | ||||||
5 | Programs conducting alcohol or other drug evaluation or | ||||||
6 | remedial education must be licensed by the Department of Human | ||||||
7 | Services. If the individual is not a resident of Illinois, | ||||||
8 | however, the court may accept an alcohol or other drug | ||||||
9 | evaluation or remedial education program in the individual's | ||||||
10 | state of residence. Programs providing treatment must be | ||||||
11 | licensed under existing applicable alcoholism and drug | ||||||
12 | treatment licensure standards. | ||||||
13 | (i) In addition to any other fine or penalty required by | ||||||
14 | law, an individual convicted of a violation of Section 11-501, | ||||||
15 | Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||
16 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
17 | similar provision, whose operation of a motor vehicle, | ||||||
18 | snowmobile, or watercraft while in violation of Section 11-501, | ||||||
19 | Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||
20 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
21 | similar provision proximately caused an incident resulting in | ||||||
22 | an appropriate emergency response, shall be required to make | ||||||
23 | restitution to a public agency for the costs of that emergency | ||||||
24 | response. The restitution may not exceed $1,000 per public | ||||||
25 | agency for each emergency response. As used in this subsection | ||||||
26 | (i), "emergency response" means any incident requiring a |
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1 | response by a police officer, a firefighter carried on the | ||||||
2 | rolls of a regularly constituted fire department, or an | ||||||
3 | ambulance. With respect to funds designated for the Department | ||||||
4 | of State Police, the moneys shall be remitted by the circuit | ||||||
5 | court clerk to the State Police within one month after receipt | ||||||
6 | for deposit into the State Police DUI Fund. With respect to | ||||||
7 | funds designated for the Department of Natural Resources, the | ||||||
8 | Department of Natural Resources shall deposit the moneys into | ||||||
9 | the Conservation Police Operations Assistance Fund.
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10 | (j) A person that is subject to a chemical test or tests of | ||||||
11 | blood under subsection (a) of Section 11-501.1 or subdivision | ||||||
12 | (c)(2) of Section 11-501.2 of this Code, whether or not that | ||||||
13 | person consents to testing, shall be liable for the expense up | ||||||
14 | to $500 for blood withdrawal by a physician authorized to | ||||||
15 | practice medicine, a licensed physician assistant, a licensed | ||||||
16 | advanced practice nurse, a registered nurse, a trained | ||||||
17 | phlebotomist, a certified paramedic, or a qualified person | ||||||
18 | other than a police officer approved by the Department of State | ||||||
19 | Police to withdraw blood, who responds, whether at a law | ||||||
20 | enforcement facility or a health care facility, to a police | ||||||
21 | department request for the drawing of blood based upon refusal | ||||||
22 | of the person to submit to a lawfully requested breath test or | ||||||
23 | probable cause exists to believe the test would disclose the | ||||||
24 | ingestion, consumption, or use of drugs or intoxicating | ||||||
25 | compounds if: | ||||||
26 | (1) the person is found guilty of violating Section |
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1 | 11-501 of this Code or a similar provision of a local | ||||||
2 | ordinance; or | ||||||
3 | (2) the person pleads guilty to or stipulates to facts | ||||||
4 | supporting a violation of Section 11-503 of this Code or a | ||||||
5 | similar provision of a local ordinance when the plea or | ||||||
6 | stipulation was the result of a plea agreement in which the | ||||||
7 | person was originally charged with violating Section | ||||||
8 | 11-501 of this Code or a similar local ordinance. | ||||||
9 | (Source: P.A. 97-931, eff. 1-1-13; 97-1050, eff. 1-1-13; | ||||||
10 | 98-292, eff. 1-1-14; 98-463, eff. 8-16-13.)
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