Public Act 094-0740
 
HB4717 Enrolled LRB094 17726 DRH 53025 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
changing Section 1-2-1.2 as follows:
 
    (65 ILCS 5/1-2-1.2)
    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,
unless the State's Attorney rejects or denies felony charges
for the conduct that comprises the charge.
    (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.
(Source: P.A. 94-111, eff. 1-1-06.)
 
    Section 10. The Illinois Vehicle Code is amended by
changing Sections 11-208.5 and 16-102 as follows:
 
    (625 ILCS 5/11-208.5)
    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. The municipality may, however, charge an offender
with a municipal misdemeanor offense if the State's Attorney
rejects or denies felony charges for the conduct that comprises
the charge.
    (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.
(Source: P.A. 94-111, eff. 1-1-06.)
 
    (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.
    (d) The State's Attorney of the county in which the
violation occurs may not grant to the municipal attorney
permission to prosecute if the offense charged is a felony
under Section 11-501 of this Code. The municipality may,
however, charge an offender with a municipal misdemeanor
offense if the State's Attorney rejects or denies felony
charges for the conduct that comprises the charge.
(Source: P.A. 94-111, eff. 1-1-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.