|
|
Public Act 094-0111
|
| HB0887 Enrolled |
LRB094 05942 DRH 35997 b |
|
|
AN ACT concerning driving offenses.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Illinois Municipal Code is amended by adding |
Section 1-2-1.2 as follows:
|
(65 ILCS 5/1-2-1.2 new)
|
Sec. 1-2-1.2. Felony DUI prosecutions prohibited. |
(a) A unit of local government, including a home rule unit, |
may not enforce any ordinance that prohibits driving under the |
influence of alcohol, other drug or drugs, intoxicating |
compound or compounds, or any combination thereof if, based on |
the alleged facts of the case or the defendant's driving |
history or record, the offense charged would constitute a |
felony under Section 11-501 of the Illinois Vehicle Code. |
(b) A municipal attorney must (i) review the driving record |
of any defendant accused of violating any ordinance that |
prohibits driving under the influence of alcohol, other drug or |
drugs, intoxicating compound or compounds, or any combination |
thereof and (ii) if the offense charged would constitute a |
felony under Section 11-501 of the Illinois Vehicle Code, |
notify the State's Attorney of the county of the felony |
charges. |
(c) This Section is a denial and limitation of home rule |
powers and functions under subsection (g) of Section 6 of |
Article VII of the Illinois Constitution.
|
Section 10. The Illinois Vehicle Code is amended by adding |
Section 11-208.5 and changing Section 16-102 as follows:
|
(625 ILCS 5/11-208.5 new)
|
Sec. 11-208.5. Prosecution of felony DUI by local |
authorities prohibited. |
|
(a) The powers of a local authority to enact or enforce any |
ordinance or rule with respect to the streets or highways under |
its jurisdiction relating to driving under the influence of |
alcohol, other drug or drugs, intoxicating compound or |
compounds, or any combination thereof is limited to the |
enactment and enforcement of ordinances or rules the violation |
of which would constitute a misdemeanor under Section 11-501 of |
the Illinois Vehicle Code. |
(b) A local authority may not enact or enforce any |
ordinance or rule with respect to streets and highways under |
its jurisdiction if a violation of that ordinance or rule would |
constitute a felony under Section 11-501 of the Illinois |
Vehicle Code. |
(c) A municipal attorney who is aware that, based on a |
driver's history, the driver is subject to prosecution for a |
felony under Section 11-501 of the Illinois Vehicle Code, must |
notify the State's Attorney of that county of the driver's |
conduct and may not prosecute the driver on behalf of the |
municipality.
|
(625 ILCS 5/16-102) (from Ch. 95 1/2, par. 16-102)
|
Sec. 16-102. Arrests - Investigations - Prosecutions. |
(a) The State Police shall patrol the public highways and |
make arrests
for violation of the provisions of this Act.
|
(b) The Secretary of State, through the investigators |
provided for in
this Act shall investigate and report |
violations of the provisions of
this Act in relation to the |
equipment and operation of vehicles as
provided for in Section |
2-115 and for such purposes these investigators
have and may |
exercise throughout the State all of the powers of police |
officers.
|
(c) The State's Attorney of the county in which the |
violation occurs
shall prosecute all violations except when the |
violation occurs within
the corporate limits of a municipality, |
the municipal attorney may
prosecute if written permission to |
do so is obtained from the State's
Attorney. |