Sen. John J. Cullerton
Filed: 11/16/2004
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 734
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 734 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 11-501 as follows: | ||||||
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.
| ||||||
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 | ||||||
24 | that renders the person
incapable of safely driving; or
|
| |||||||
| |||||||
1 | (6) there is any amount of a drug, substance, or | ||||||
2 | compound in the
person's breath, blood, or urine resulting | ||||||
3 | from the unlawful use or consumption
of cannabis listed in | ||||||
4 | the Cannabis Control Act, a controlled substance listed
in | ||||||
5 | the Illinois Controlled Substances Act, or an intoxicating | ||||||
6 | compound listed
in the Use of Intoxicating Compounds Act.
| ||||||
7 | (b) The fact that any person charged with violating this | ||||||
8 | Section is or
has been legally entitled to use alcohol, other | ||||||
9 | drug or drugs, or
intoxicating compound or compounds, or any
| ||||||
10 | combination thereof, shall not constitute a defense against any | ||||||
11 | charge of
violating this Section.
| ||||||
12 | (b-1) With regard to penalties imposed under this Section:
| ||||||
13 | (1) Any reference to a prior violation of subsection | ||||||
14 | (a) or a similar
provision includes any violation of a | ||||||
15 | provision of a local ordinance or a
provision of a law of | ||||||
16 | another state that is similar to a violation of
subsection | ||||||
17 | (a) of this Section.
| ||||||
18 | (2) Any penalty imposed for driving with a license that | ||||||
19 | has been revoked
for a previous violation of subsection (a) | ||||||
20 | of this Section shall be in
addition to the penalty imposed | ||||||
21 | for any subsequent violation of subsection (a).
| ||||||
22 | (b-2) Except as otherwise provided in this Section, any | ||||||
23 | person convicted of
violating subsection (a) of this Section is | ||||||
24 | guilty of a Class A misdemeanor.
| ||||||
25 | (b-3) In addition to any other criminal or administrative | ||||||
26 | sanction for any
second conviction of violating subsection (a) | ||||||
27 | or a similar provision committed
within 5 years of a previous | ||||||
28 | violation of subsection (a) or a similar
provision, the | ||||||
29 | defendant shall be sentenced to a mandatory minimum of 5 days | ||||||
30 | of
imprisonment or assigned a mandatory minimum of 240 hours of | ||||||
31 | community service
as may be determined by the court.
| ||||||
32 | (b-4) In the case of a third or subsequent violation | ||||||
33 | committed within 5
years of a previous violation of subsection | ||||||
34 | (a) or a similar provision, in
addition to any other criminal |
| |||||||
| |||||||
1 | or administrative sanction, a mandatory minimum
term of either | ||||||
2 | 10 days of imprisonment or 480 hours of community service shall
| ||||||
3 | be imposed.
| ||||||
4 | (b-5) The imprisonment or assignment of community service | ||||||
5 | under subsections
(b-3) and (b-4) shall not be subject to | ||||||
6 | suspension, nor shall the person be
eligible for a reduced | ||||||
7 | sentence.
| ||||||
8 | (c) (Blank).
| ||||||
9 | (c-1) (1) A person who violates subsection (a)
during
a | ||||||
10 | period in which his
or her driving privileges are revoked | ||||||
11 | or suspended, where the revocation or
suspension was for a | ||||||
12 | violation of subsection (a), Section
11-501.1, paragraph | ||||||
13 | (b)
of Section 11-401, or for reckless homicide as defined | ||||||
14 | in Section 9-3 of
the Criminal Code of 1961 is guilty of a
| ||||||
15 | Class 4 felony.
| ||||||
16 | (2) A person who violates subsection (a) a third
time, | ||||||
17 | if the third violation occurs during a period in
which his | ||||||
18 | or her driving privileges are revoked or suspended where | ||||||
19 | the
revocation
or suspension was for a violation of | ||||||
20 | subsection (a),
Section 11-501.1, paragraph
(b) of Section | ||||||
21 | 11-401, or for reckless homicide as defined in Section 9-3
| ||||||
22 | of the Criminal Code of 1961, is guilty of
a Class 3 | ||||||
23 | felony .(2.1) A person who violates subsection (a) a third | ||||||
24 | time, if the third
violation occurs during a period in | ||||||
25 | which his or her driving privileges are
revoked or | ||||||
26 | suspended where the revocation or suspension was for a | ||||||
27 | violation of
subsection (a), Section 11-501.1, subsection | ||||||
28 | (b) of Section 11-401, or for
reckless homicide as defined | ||||||
29 | in Section
9-3 of the Criminal Code of 1961, is guilty of a | ||||||
30 | Class 3 felony ; and if the
person receives a term of
| ||||||
31 | probation or conditional discharge, he or she shall be | ||||||
32 | required to serve a
mandatory
minimum of 10 days of | ||||||
33 | imprisonment or shall be assigned a mandatory minimum of
| ||||||
34 | 480 hours of community service, as may be determined by the |
| |||||||
| |||||||
1 | court, as a
condition of the probation or conditional | ||||||
2 | discharge. This mandatory minimum
term of imprisonment or | ||||||
3 | assignment of community service shall not be suspended
or | ||||||
4 | reduced by the court.
| ||||||
5 | (2.2) A person who violates subsection (a), if the
| ||||||
6 | violation occurs during a period in which his or her | ||||||
7 | driving privileges are
revoked or suspended where the | ||||||
8 | revocation or suspension was for a violation of
subsection | ||||||
9 | (a) or Section 11-501.1, shall also be sentenced to an | ||||||
10 | additional
mandatory minimum term of 30 consecutive days of | ||||||
11 | imprisonment, 40 days of
24-hour periodic imprisonment, or | ||||||
12 | 720 hours of community service, as may be
determined by the | ||||||
13 | court. This mandatory term of imprisonment or assignment of
| ||||||
14 | community service shall not be suspended or reduced by the | ||||||
15 | court.
| ||||||
16 | (3) A person who violates subsection (a) a fourth or
| ||||||
17 | subsequent time, if the fourth or subsequent violation | ||||||
18 | occurs
during a period in which his
or her driving | ||||||
19 | privileges are revoked or suspended where the revocation
or | ||||||
20 | suspension was for a violation of subsection (a),
Section | ||||||
21 | 11-501.1, paragraph
(b) of Section 11-401, or for reckless | ||||||
22 | homicide as defined in
Section 9-3
of
the Criminal Code of | ||||||
23 | 1961, is guilty of
a Class 2 felony and is not eligible for | ||||||
24 | a sentence of probation or
conditional discharge.
| ||||||
25 | (c-2) (Blank).
| ||||||
26 | (c-3) (Blank).
| ||||||
27 | (c-4) (Blank).
| ||||||
28 | (c-5) (1) A person who violates subsection (a), if the | ||||||
29 | person was transporting
a person under the age of 16 at the | ||||||
30 | time of the violation, is subject to an
additional | ||||||
31 | mandatory minimum fine of $1,000, an additional mandatory | ||||||
32 | minimum
140 hours of community service, which shall include | ||||||
33 | 40 hours of community
service in a program benefiting | ||||||
34 | children, and an additional 2 days of
imprisonment. The |
| |||||||
| |||||||
1 | imprisonment or assignment of community service under this | ||||||
2 | subdivision (c-5)(1)
subsection (c-5) is not subject to | ||||||
3 | suspension, nor is the person eligible for
a reduced | ||||||
4 | sentence.
| ||||||
5 | (2)
(c-6) Except as provided in subdivisions (c-5)(3) | ||||||
6 | and (c-5)(4)
subsections (c-7) and (c-8) a person who
| ||||||
7 | violates
subsection (a) a second time, if at the time of
| ||||||
8 | the second violation the person was transporting a person | ||||||
9 | under the age of 16,
is subject to an additional 10 days of | ||||||
10 | imprisonment, an additional mandatory
minimum fine of | ||||||
11 | $1,000, and an additional mandatory minimum 140 hours of
| ||||||
12 | community service, which shall include 40 hours of | ||||||
13 | community service in a
program benefiting children.
The | ||||||
14 | imprisonment or assignment of community service under this | ||||||
15 | subdivision (c-5)(2)
subsection (c-6)
is not subject to | ||||||
16 | suspension, nor is the person eligible for a reduced
| ||||||
17 | sentence.
| ||||||
18 | (3)
(c-7) Except as provided in subdivision (c-5)(4)
| ||||||
19 | subsection (c-8) , any person convicted of
violating | ||||||
20 | subdivision (c-5)(2)
subsection (c-6) or a similar
| ||||||
21 | provision within 10 years of a previous violation of | ||||||
22 | subsection (a) or a
similar provision shall receive, in | ||||||
23 | addition to any other penalty imposed, a
mandatory minimum | ||||||
24 | 12 days imprisonment, an additional 40 hours of mandatory
| ||||||
25 | community service in a program benefiting children, and a | ||||||
26 | mandatory minimum
fine of $1,750. The imprisonment or | ||||||
27 | assignment of community service under this subdivision | ||||||
28 | (c-5)(3)
subsection (c-7) is not subject to suspension, nor | ||||||
29 | is the person
eligible for a reduced sentence.
| ||||||
30 | (4)
(c-8) Any person convicted of violating | ||||||
31 | subdivision (c-5)(2)
subsection (c-6) or a similar
| ||||||
32 | provision within 5 years of a previous violation of | ||||||
33 | subsection (a) or a similar
provision shall receive, in | ||||||
34 | addition to any other penalty imposed, an
additional 80 |
| |||||||
| |||||||
1 | hours of mandatory community service in a program | ||||||
2 | benefiting
children, an additional mandatory minimum 12 | ||||||
3 | days of imprisonment, and a
mandatory minimum fine of | ||||||
4 | $1,750. The imprisonment or assignment of community
| ||||||
5 | service under this subdivision (c-5)(4)
subsection (c-8)
| ||||||
6 | is not subject to suspension, nor
is the
person eligible | ||||||
7 | for a reduced sentence.
| ||||||
8 | (5)
(c-9) Any person convicted a third time for | ||||||
9 | violating subsection (a) or a
similar provision, if at the | ||||||
10 | time of the third violation the person was
transporting a | ||||||
11 | person under the age of 16, is guilty of a Class 4 felony | ||||||
12 | and shall
receive, in addition to any other
penalty | ||||||
13 | imposed, an additional mandatory fine of $1,000, an | ||||||
14 | additional
mandatory 140 hours of community service, which | ||||||
15 | shall include 40 hours in a
program benefiting children, | ||||||
16 | and a mandatory minimum 30 days of imprisonment.
The | ||||||
17 | imprisonment or assignment of community service under this | ||||||
18 | subdivision (c-5)(5)
subsection (c-9)
is not subject to | ||||||
19 | suspension, nor is the person eligible for a reduced
| ||||||
20 | sentence.
| ||||||
21 | (6)
(c-10) Any person convicted of violating | ||||||
22 | subdivision (c-5)(5)
subsection (c-9) or a similar
| ||||||
23 | provision a third time within 20 years of a previous | ||||||
24 | violation of subsection
(a) or a
similar provision is | ||||||
25 | guilty of a Class 4 felony and shall receive, in addition
| ||||||
26 | to any other penalty imposed, an additional mandatory 40 | ||||||
27 | hours of community
service in a program benefiting | ||||||
28 | children, an additional mandatory fine of
$3,000
$3000 , and | ||||||
29 | a mandatory minimum 120 days of imprisonment. The | ||||||
30 | imprisonment or
assignment of community service under this | ||||||
31 | subdivision (c-5)(6)
subsection (c-10) is not subject to
| ||||||
32 | suspension, nor is the person eligible for a reduced | ||||||
33 | sentence.
| ||||||
34 | (7)
(c-11) Any person convicted a fourth or subsequent |
| |||||||
| |||||||
1 | time for violating
subsection (a) or a similar provision, | ||||||
2 | if at the time of the fourth or
subsequent violation the | ||||||
3 | person was transporting a person under the age of 16,
and | ||||||
4 | if the person's 3 prior violations of subsection (a) or a
| ||||||
5 | similar provision
occurred while transporting a person | ||||||
6 | under the age of 16 or while the alcohol
concentration in | ||||||
7 | his or her blood, breath, or urine was 0.16 or more based
| ||||||
8 | on the definition of blood, breath, or urine units in | ||||||
9 | Section 11-501.2, is
guilty of a Class 2 felony, is not | ||||||
10 | eligible for probation or conditional
discharge, and is | ||||||
11 | subject to a minimum fine of $3,000.
| ||||||
12 | (c-6)(1)
(c-12) Any person convicted of a first violation | ||||||
13 | of subsection (a) or a
similar provision, if the alcohol | ||||||
14 | concentration in his or her blood, breath, or
urine was | ||||||
15 | 0.16 or more based on the definition of blood, breath, or | ||||||
16 | urine
units in Section 11-501.2, shall be subject, in | ||||||
17 | addition to any other penalty
that may be imposed, to a | ||||||
18 | mandatory minimum of 100 hours of community service
and a | ||||||
19 | mandatory minimum fine of $500.
| ||||||
20 | (2)
(c-13) Any person convicted of a second violation | ||||||
21 | of subsection (a) or a similar provision committed within | ||||||
22 | 10 years of a previous violation of subsection (a) or a | ||||||
23 | similar provision committed within 10 years of a previous | ||||||
24 | violation of subsection (a) or a similar provision , if at | ||||||
25 | the time of the second violation of subsection (a) or a | ||||||
26 | similar provision the
alcohol concentration in his or her | ||||||
27 | blood, breath, or urine was 0.16 or more
based on the | ||||||
28 | definition of blood, breath, or urine units in Section | ||||||
29 | 11-501.2,
shall be
subject, in addition to any other | ||||||
30 | penalty that may be imposed, to a mandatory
minimum of 2 | ||||||
31 | days of imprisonment and a mandatory minimum fine of | ||||||
32 | $1,250.
| ||||||
33 | (3)
(c-14) Any person convicted of a third violation of | ||||||
34 | subsection (a) or a
similar provision within 20 years of a |
| |||||||
| |||||||
1 | previous violation of subsection (a) or
a
similar | ||||||
2 | provision, if at the time of the third violation of | ||||||
3 | subsection (a) or a
similar provision the alcohol | ||||||
4 | concentration in his or her blood, breath, or
urine was | ||||||
5 | 0.16 or more based on the definition of blood, breath, or | ||||||
6 | urine units
in Section 11-501.2, is guilty of a Class 4 | ||||||
7 | felony and shall be subject, in
addition to any other | ||||||
8 | penalty that may be imposed, to a mandatory minimum of
90 | ||||||
9 | days of imprisonment and a mandatory minimum fine of | ||||||
10 | $2,500.
| ||||||
11 | (4)
(c-15) Any person convicted of a fourth or | ||||||
12 | subsequent violation of
subsection
(a) or a similar | ||||||
13 | provision, if at the time of the fourth or subsequent
| ||||||
14 | violation the alcohol concentration in his or her blood, | ||||||
15 | breath, or urine was
0.16 or more based on the definition | ||||||
16 | of blood, breath, or urine units in
Section 11-501.2, and | ||||||
17 | if the person's 3 prior violations of subsection (a) or a
| ||||||
18 | similar provision occurred while transporting a person | ||||||
19 | under the age of 16 or
while the alcohol concentration in | ||||||
20 | his or her blood, breath, or urine was 0.16
or more based | ||||||
21 | on the definition of blood, breath, or urine units in | ||||||
22 | Section
11-501.2, is guilty of a Class 2 felony and is not | ||||||
23 | eligible for a sentence of
probation or conditional | ||||||
24 | discharge and is subject to a minimum fine of
$2,500.
| ||||||
25 | (d) (1) Every person convicted of committing a violation of | ||||||
26 | this Section
shall be guilty of aggravated driving under | ||||||
27 | the influence of alcohol,
other drug or drugs, or | ||||||
28 | intoxicating compound or compounds, or any combination
| ||||||
29 | thereof if:
| ||||||
30 | (A) the person committed a violation of subsection | ||||||
31 | (a) or a similar
provision for the
third or subsequent | ||||||
32 | time;
| ||||||
33 | (B) the person committed a violation of subsection | ||||||
34 | (a)
while
driving a school bus with persons 18 years of |
| |||||||
| |||||||
1 | age or younger
on board;
| ||||||
2 | (C) the person in committing a violation of | ||||||
3 | subsection
(a) was
involved in a motor vehicle accident | ||||||
4 | that resulted in great bodily harm or
permanent | ||||||
5 | disability or disfigurement to another, when the | ||||||
6 | violation was
a proximate cause of the injuries;
| ||||||
7 | (D) the person committed a violation of subsection | ||||||
8 | (a)
for a
second time and has been previously convicted | ||||||
9 | of violating Section 9-3 of the
Criminal Code of 1961 | ||||||
10 | or a similar provision of a law of another state | ||||||
11 | relating to reckless homicide in which the person was
| ||||||
12 | determined to have been under the influence of alcohol, | ||||||
13 | other drug or
drugs, or intoxicating compound or | ||||||
14 | compounds as an element of the offense or
the person | ||||||
15 | has previously been convicted
under subparagraph (C) | ||||||
16 | or subparagraph (F) of this paragraph (1);
| ||||||
17 | (E) the person, in committing a violation of | ||||||
18 | subsection (a) while
driving at any speed in a school | ||||||
19 | speed zone at a time when a speed limit of
20 miles per | ||||||
20 | hour was in effect under subsection (a) of Section | ||||||
21 | 11-605 of
this Code, was involved in a motor vehicle | ||||||
22 | accident that resulted in bodily
harm, other than great | ||||||
23 | bodily harm or permanent disability or disfigurement,
| ||||||
24 | to another person, when the violation of subsection (a) | ||||||
25 | was a
proximate cause
of the bodily harm; or
| ||||||
26 | (F) the person, in committing a violation of | ||||||
27 | subsection (a), was
involved in a motor vehicle, | ||||||
28 | snowmobile, all-terrain vehicle, or watercraft
| ||||||
29 | accident that resulted in
the death of another person, | ||||||
30 | when the violation of subsection
(a) was
a proximate | ||||||
31 | cause of the death.
| ||||||
32 | (2) Except as provided in this paragraph (2), a person | ||||||
33 | convicted of
aggravated driving under
the
influence of | ||||||
34 | alcohol, other drug or
drugs,
or intoxicating compound or |
| |||||||
| |||||||
1 | compounds, or any
combination thereof is guilty of a Class | ||||||
2 | 4 felony. For a violation of
subparagraph (C)
of
paragraph | ||||||
3 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
4 | a term
of imprisonment, shall be sentenced
to not less than
| ||||||
5 | one year nor more than 12 years.
Aggravated driving under | ||||||
6 | the influence of alcohol, other drug or drugs,
or | ||||||
7 | intoxicating compound or compounds, or any combination | ||||||
8 | thereof as
defined in subparagraph (F) of paragraph (1) of | ||||||
9 | this subsection (d) is
a Class 2 felony, for which the | ||||||
10 | defendant, if sentenced to a term of
imprisonment, shall be | ||||||
11 | sentenced to: (A) a
term of imprisonment of not less than 3 | ||||||
12 | years and not more
than 14 years if the violation resulted | ||||||
13 | in the death of one person; or
(B) a term of imprisonment | ||||||
14 | of not less than 6 years and not
more than 28 years if the | ||||||
15 | violation resulted in the deaths of 2 or more
persons.
For | ||||||
16 | any prosecution under this subsection
(d), a certified copy | ||||||
17 | of the
driving abstract of the defendant shall be admitted | ||||||
18 | as proof of any prior
conviction.
Any person sentenced | ||||||
19 | under this subsection (d) who receives a term of
probation
| ||||||
20 | or conditional discharge must serve a minimum term of | ||||||
21 | either 480 hours of
community service or 10 days of | ||||||
22 | imprisonment as a condition of the probation or
conditional | ||||||
23 | discharge. This mandatory minimum term of imprisonment or
| ||||||
24 | assignment of community service may not be suspended or | ||||||
25 | reduced by the court.
| ||||||
26 | (e) After a finding of guilt and prior to any final | ||||||
27 | sentencing, or an
order for supervision, for an offense based | ||||||
28 | upon an arrest for a
violation of this Section or a similar | ||||||
29 | provision of a local ordinance,
individuals shall be required | ||||||
30 | to undergo a professional evaluation to
determine if an | ||||||
31 | alcohol, drug, or intoxicating compound abuse problem exists
| ||||||
32 | and the
extent of the problem, and undergo the imposition of | ||||||
33 | treatment as appropriate.
Programs conducting these | ||||||
34 | evaluations shall be
licensed by the Department of Human |
| |||||||
| |||||||
1 | Services. The cost of any professional
evaluation shall be paid | ||||||
2 | for by the
individual
required to undergo the professional | ||||||
3 | evaluation.
| ||||||
4 | (e-1) Any person who is found guilty of or pleads guilty to | ||||||
5 | violating this
Section, including any person receiving a | ||||||
6 | disposition of court supervision for
violating this Section, | ||||||
7 | may be required by the Court to attend a victim
impact panel | ||||||
8 | offered by, or under contract with, a County State's Attorney's
| ||||||
9 | office, a probation and court services department, Mothers | ||||||
10 | Against Drunk
Driving,
or the Alliance Against Intoxicated | ||||||
11 | Motorists.
All costs generated by
the victim impact panel shall | ||||||
12 | be paid from fees collected from the
offender or as may be | ||||||
13 | determined by the court.
| ||||||
14 | (f) Every person found guilty of violating this Section, | ||||||
15 | whose
operation of a motor vehicle while in violation of this | ||||||
16 | Section proximately
caused any incident resulting in an | ||||||
17 | appropriate emergency response, shall
be liable for the expense | ||||||
18 | of an emergency response as provided under
Section 5-5-3 of the | ||||||
19 | Unified Code of Corrections.
| ||||||
20 | (g) The Secretary of State shall revoke the driving | ||||||
21 | privileges of any
person convicted under this Section or a | ||||||
22 | similar provision of a local
ordinance.
| ||||||
23 | (h) ( Blank ) .
| ||||||
24 | (i) The Secretary of State shall require the use of | ||||||
25 | ignition interlock
devices on all vehicles owned by an | ||||||
26 | individual who has been convicted of a
second
or subsequent | ||||||
27 | offense of this Section or a similar provision of a local
| ||||||
28 | ordinance. The Secretary shall establish by rule and regulation | ||||||
29 | the procedures
for certification and use of the interlock | ||||||
30 | system.
| ||||||
31 | (j) In addition to any other penalties and liabilities, a | ||||||
32 | person who is
found guilty of or pleads guilty to violating | ||||||
33 | subsection (a), including any
person placed on court | ||||||
34 | supervision for violating subsection (a), shall be fined
$500, |
| |||||||
| |||||||
1 | payable to the
circuit clerk, who shall distribute the money as | ||||||
2 | follows: 20% to the law enforcement agency
that made the arrest | ||||||
3 | and 80% shall be forwarded to the State Treasurer for deposit | ||||||
4 | into the General Revenue Fund. If the person has been | ||||||
5 | previously convicted of violating
subsection (a) or a similar | ||||||
6 | provision of a local
ordinance, the fine shall be
$1,000. In | ||||||
7 | the event that more than one agency is responsible
for the | ||||||
8 | arrest, the amount payable to law enforcement agencies shall be | ||||||
9 | shared equally. Any moneys received
by a law
enforcement agency | ||||||
10 | under this subsection (j) shall be used to purchase law
| ||||||
11 | enforcement equipment that will assist in the prevention of | ||||||
12 | alcohol related
criminal violence throughout the State. This | ||||||
13 | shall include, but is not limited
to, in-car video cameras, | ||||||
14 | radar and laser speed detection devices, and alcohol
breath | ||||||
15 | testers.
Any moneys received by the Department of State Police | ||||||
16 | under this subsection
(j) shall be deposited into the State | ||||||
17 | Police DUI Fund and shall be used to
purchase law enforcement | ||||||
18 | equipment that will assist in the prevention of
alcohol related | ||||||
19 | criminal violence throughout the State.
| ||||||
20 | (k) The Secretary of State Police DUI Fund is created as a | ||||||
21 | special
fund in the State treasury. All moneys received by the | ||||||
22 | Secretary of State
Police under subsection (j) of this Section | ||||||
23 | shall be deposited into the
Secretary of State Police DUI Fund | ||||||
24 | and, subject to appropriation, shall be
used to purchase law | ||||||
25 | enforcement equipment to assist in the prevention of
alcohol | ||||||
26 | related criminal violence throughout the State.
| ||||||
27 | (l) Whenever an individual is sentenced for an offense | ||||||
28 | based upon an
arrest for a violation of subsection (a) or a | ||||||
29 | similar provision of a local
ordinance, and the professional | ||||||
30 | evaluation recommends remedial or
rehabilitative treatment or | ||||||
31 | education, neither the treatment nor the education
shall be the | ||||||
32 | sole disposition and either or both may be imposed only in
| ||||||
33 | conjunction with another disposition. The court shall monitor | ||||||
34 | compliance with
any remedial education or treatment |
| |||||||
| |||||||
1 | recommendations contained in the
professional evaluation. | ||||||
2 | Programs conducting alcohol or other drug evaluation
or | ||||||
3 | remedial education must be licensed by the Department of Human | ||||||
4 | Services. If
the individual is not a resident of Illinois, | ||||||
5 | however, the court may accept an
alcohol or other drug | ||||||
6 | evaluation or remedial education program in the
individual's | ||||||
7 | state of residence. Programs providing treatment must be | ||||||
8 | licensed
under existing applicable alcoholism and drug | ||||||
9 | treatment licensure standards.
| ||||||
10 | (m) In addition to any other fine or penalty required by | ||||||
11 | law, an individual
convicted of a violation of subsection (a), | ||||||
12 | Section 5-7 of the Snowmobile
Registration and Safety Act, | ||||||
13 | Section 5-16 of the Boat Registration and Safety
Act, or a | ||||||
14 | similar provision, whose operation of a motor vehicle, | ||||||
15 | snowmobile, or
watercraft while in
violation of subsection (a), | ||||||
16 | Section 5-7 of the Snowmobile Registration and
Safety Act, | ||||||
17 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
18 | similar
provision proximately caused an incident resulting in | ||||||
19 | an appropriate emergency
response, shall be required to make | ||||||
20 | restitution to a public agency for the
costs of that emergency | ||||||
21 | response. The restitution may not exceed $1,000 per
public | ||||||
22 | agency for each emergency response. As used in this subsection | ||||||
23 | (m),
"emergency response" means any incident requiring a | ||||||
24 | response by a police
officer, a firefighter carried on the | ||||||
25 | rolls of a regularly constituted fire
department, or an | ||||||
26 | ambulance.
| ||||||
27 | (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; | ||||||
28 | 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; | ||||||
29 | 92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff. | ||||||
30 | 7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, | ||||||
31 | eff. 1-1-05; 93-840, eff. 7-30-04; revised 10-21-04.)
| ||||||
32 | Section 99. Effective date. This Act takes effect January | ||||||
33 | 1, 2005.".
|