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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4750
Introduced 02/04/04, by Sandra M. Pihos, Paul D. Froehlich, Jim Sacia, John J. Millner SYNOPSIS AS INTRODUCED:
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625 ILCS 5/16-102 |
from Ch. 95 1/2, par. 16-102 |
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Amends the Illinois Vehicle Code. Provides that a State's Attorney may not grant permission to a municipal attorney to prosecute a defendant charged with driving on a suspended or revoked license or driving under the influence of alcohol, drugs, or intoxicating compounds if the defendant is not a first offender or if the defendant is charged with a felony.
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A BILL FOR
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HB4750 |
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LRB093 18233 DRH 43932 b |
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| AN ACT concerning vehicles.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing |
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| Section 16-102 as follows:
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| (625 ILCS 5/16-102) (from Ch. 95 1/2, par. 16-102)
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| Sec. 16-102. Arrests - Investigations - Prosecutions. |
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| (a) The State Police shall patrol the public highways and |
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| make arrests
for violation of the provisions of this Act.
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| (b) The Secretary of State, through the investigators |
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| provided for in
this Act shall investigate and report |
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| violations of the provisions of
this Act in relation to the |
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| equipment and operation of vehicles as
provided for in Section |
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| 2-115 and for such purposes these investigators
have and may |
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| exercise throughout the State all of the powers of police |
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| officers.
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| (c) The State's Attorney of the county in which the |
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| violation occurs
shall prosecute all violations except when the |
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| violation occurs within
the corporate limits of a municipality, |
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| the municipal attorney may
prosecute if written permission to |
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| do so is obtained from the State's
Attorney.
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| (d) The State's Attorney may not grant to the municipal |
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| attorney permission to prosecute a violation of Section 11-501 |
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| of this Code if: |
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| (1) the defendant is not a first offender as defined in |
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| Section 11-500; or |
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| (2) the offense charged is a felony. |
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| (e) The State's Attorney may not grant to the municipal |
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| attorney permission to prosecute a violation of Section 6-303 |
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| of this Code if: |
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| (1) the defendant has previously been convicted of |
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| violating Section 6-303; or |