98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2476

 

Introduced , by Rep. Dennis M. Reboletti

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-501.01

    Amends the Illinois Vehicle Code. Makes persons subject to blood tests for refusal to submit to a breath test or suspicion of the ingestion, consumption, or use of drugs liable for the cost of employing a medical professional to perform the test up to a maximum of $500 if the person is (1) found guilty of violating Section 11-501 of the Illinois Vehicle Code or a similar local ordinance, or (2) pleads guilty to or stipulates to facts supporting a violation of Section 11-503 of the Illinois Vehicle Code or a similar local ordinance when the person was originally charged with violating Section 11-501 of the Illinois Vehicle Code or a similar local ordinance. Allows reimbursement even if the person does not consent to the blood draw.


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A BILL FOR

 

HB2476LRB098 04176 MLW 34199 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 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
9sentencing or an order for supervision, for an offense based
10upon an arrest for a violation of Section 11-501 or a similar
11provision of a local ordinance, individuals shall be required
12to undergo a professional evaluation to determine if an
13alcohol, drug, or intoxicating compound abuse problem exists
14and the extent of the problem, and undergo the imposition of
15treatment as appropriate. Programs conducting these
16evaluations shall be licensed by the Department of Human
17Services. The cost of any professional evaluation shall be paid
18for by the individual required to undergo the professional
19evaluation.
20    (b) Any person who is found guilty of or pleads guilty to
21violating Section 11-501, including any person receiving a
22disposition of court supervision for violating that Section,
23may be required by the Court to attend a victim impact panel

 

 

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1offered by, or under contract with, a county State's Attorney's
2office, a probation and court services department, Mothers
3Against Drunk Driving, or the Alliance Against Intoxicated
4Motorists. All costs generated by the victim impact panel shall
5be paid from fees collected from the offender or as may be
6determined by the court.
7    (c) Every person found guilty of violating Section 11-501,
8whose operation of a motor vehicle while in violation of that
9Section proximately caused any incident resulting in an
10appropriate emergency response, shall be liable for the expense
11of an emergency response as provided in subsection (i) of this
12Section.
13    (d) The Secretary of State shall revoke the driving
14privileges of any person convicted under Section 11-501 or a
15similar provision of a local ordinance.
16    (e) The Secretary of State shall require the use of
17ignition interlock devices on all vehicles owned by a person
18who has been convicted of a second or subsequent offense of
19Section 11-501 or a similar provision of a local ordinance. The
20person must pay to the Secretary of State DUI Administration
21Fund an amount not to exceed $30 for each month that he or she
22uses the device. The Secretary shall establish by rule and
23regulation the procedures for certification and use of the
24interlock system, the amount of the fee, and the procedures,
25terms, and conditions relating to these fees.
26    (f) In addition to any other penalties and liabilities, a

 

 

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1person who is found guilty of or pleads guilty to violating
2Section 11-501, including any person placed on court
3supervision for violating Section 11-501, shall be assessed
4$750, payable to the circuit clerk, who shall distribute the
5money as follows: $350 to the law enforcement agency that made
6the arrest, and $400 shall be forwarded to the State Treasurer
7for deposit into the General Revenue Fund. If the person has
8been previously convicted of violating Section 11-501 or a
9similar provision of a local ordinance, the fine shall be
10$1,000, and the circuit clerk shall distribute $200 to the law
11enforcement agency that made the arrest and $800 to the State
12Treasurer for deposit into the General Revenue Fund. In the
13event that more than one agency is responsible for the arrest,
14the amount payable to law enforcement agencies shall be shared
15equally. Any moneys received by a law enforcement agency under
16this subsection (f) shall be used for enforcement and
17prevention of driving while under the influence of alcohol,
18other drug or drugs, intoxicating compound or compounds or any
19combination thereof, as defined by Section 11-501 of this Code,
20including but not limited to the purchase of law enforcement
21equipment and commodities that will assist in the prevention of
22alcohol related criminal violence throughout the State; police
23officer training and education in areas related to alcohol
24related crime, including but not limited to DUI training; and
25police officer salaries, including but not limited to salaries
26for hire back funding for safety checkpoints, saturation

 

 

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1patrols, and liquor store sting operations. Any moneys received
2by the Department of State Police under this subsection (f)
3shall be deposited into the State Police DUI Fund and shall be
4used to purchase law enforcement equipment that will assist in
5the prevention of alcohol related criminal violence throughout
6the State.
7    (g) The Secretary of State Police DUI Fund is created as a
8special fund in the State treasury. All moneys received by the
9Secretary of State Police under subsection (f) of this Section
10shall be deposited into the Secretary of State Police DUI Fund
11and, subject to appropriation, shall be used for enforcement
12and prevention of driving while under the influence of alcohol,
13other drug or drugs, intoxicating compound or compounds or any
14combination thereof, as defined by Section 11-501 of this Code,
15including but not limited to the purchase of law enforcement
16equipment and commodities to assist in the prevention of
17alcohol related criminal violence throughout the State; police
18officer training and education in areas related to alcohol
19related crime, including but not limited to DUI training; and
20police officer salaries, including but not limited to salaries
21for hire back funding for safety checkpoints, saturation
22patrols, and liquor store sting operations.
23    (h) Whenever an individual is sentenced for an offense
24based upon an arrest for a violation of Section 11-501 or a
25similar provision of a local ordinance, and the professional
26evaluation recommends remedial or rehabilitative treatment or

 

 

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1education, neither the treatment nor the education shall be the
2sole disposition and either or both may be imposed only in
3conjunction with another disposition. The court shall monitor
4compliance with any remedial education or treatment
5recommendations contained in the professional evaluation.
6Programs conducting alcohol or other drug evaluation or
7remedial education must be licensed by the Department of Human
8Services. If the individual is not a resident of Illinois,
9however, the court may accept an alcohol or other drug
10evaluation or remedial education program in the individual's
11state of residence. Programs providing treatment must be
12licensed under existing applicable alcoholism and drug
13treatment licensure standards.
14    (i) In addition to any other fine or penalty required by
15law, an individual convicted of a violation of Section 11-501,
16Section 5-7 of the Snowmobile Registration and Safety Act,
17Section 5-16 of the Boat Registration and Safety Act, or a
18similar provision, whose operation of a motor vehicle,
19snowmobile, or watercraft while in violation of Section 11-501,
20Section 5-7 of the Snowmobile Registration and Safety Act,
21Section 5-16 of the Boat Registration and Safety Act, or a
22similar provision proximately caused an incident resulting in
23an appropriate emergency response, shall be required to make
24restitution to a public agency for the costs of that emergency
25response. The restitution may not exceed $1,000 per public
26agency for each emergency response. As used in this subsection

 

 

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1(i), "emergency response" means any incident requiring a
2response by a police officer, a firefighter carried on the
3rolls of a regularly constituted fire department, or an
4ambulance. With respect to funds designated for the Department
5of State Police, the moneys shall be remitted by the circuit
6court clerk to the State Police within one month after receipt
7for deposit into the State Police DUI Fund. With respect to
8funds designated for the Department of Natural Resources, the
9Department of Natural Resources shall deposit the moneys into
10the Conservation Police Operations Assistance Fund.
11    (j) A person that is subject to a chemical test or tests of
12blood under subsection (a) of Section 11-501.1, whether or not
13that person consents to testing, shall be liable for the
14expense up to $500 for blood withdrawal by a physician
15authorized to practice medicine, a licensed physician
16assistant, a licensed advanced practice nurse, a registered
17nurse, a trained phlebotomist, a certified paramedic, or a
18qualified person other than a police officer approved by the
19Department of State Police to withdraw blood, who responds to a
20police department request for the drawing of blood based upon
21refusal of the person to submit to a lawfully requested breath
22test or probable cause exists to believe the test would
23disclose the ingestion, consumption, or use of drugs or
24intoxicating compounds if:
25        (1) the person is found guilty of violating Section
26    11-501 of this Code or a similar provision of a local

 

 

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1    ordinance; or
2        (2) the person pleads guilty to or stipulates to facts
3    supporting a violation of Section 11-503 of this Code or a
4    similar provision of a local ordinance when the plea or
5    stipulation was the result of a plea agreement in which the
6    person was originally charged with violating Section
7    11-501 of this Code or a similar local ordinance.
8    
9(Source: P.A. 96-1342, eff. 1-1-11; 97-931, eff. 1-1-13;
1097-1050, eff. 1-1-13; revised 8-23-12.)