SB2191 99TH GENERAL ASSEMBLY

LRB099 14853 RLC 39028 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2191

Introduced 10/20/2015, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.875 new

Creates the 24-7 Sobriety Pilot Program Act. Creates within the Office of the Secretary of State the 24-7 Sobriety Pilot Program. Provides that the purpose of the Program is to reduce the number of second or subsequent violations of driving under the influence under the Illinois Vehicle Code, or other provisions of the Code involving alcohol or controlled substances and the operation of a motor vehicle. Provides that the Program shall provide alternatives to incarceration, including, but not limited to, sobriety testing twice per day, 7 days per week, or continuous monitoring. Provides that the Program shall begin on January 1, 2017, and end on December 31, 2018. Creates the 24-7 Sobriety Pilot Program Fund as a special fund in the State treasury. Provides that the Act is repealed on July 1, 2019. Amends the State Finance Act to make conforming changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the 24-7 Sobriety Pilot Program Act.

Section 5. Purpose; requirements. There is created within the Office of the Secretary of State the 24-7 Sobriety Pilot Program. The purpose of the Program is to reduce the number of second or subsequent violations of Section 11-501 of the Illinois Vehicle Code, or other provisions of the Code involving alcohol or controlled substances and the operation of a motor vehicle. The provisions of this Act shall be liberally construed in order to carry out this purpose. The Program shall provide alternatives to incarceration, including, but not limited to, sobriety testing twice per day, 7 days per week, or continuous monitoring for offenders charged with, or convicted of, second or subsequent violations of Section 11-501 of the Illinois Vehicle Code, or other provisions of the Code involving alcohol or controlled substances and the operation of a motor vehicle. The Program may include requirements specific to participation in the Program by first-time offenders.

Section 10. Scope. The Program shall be conducted in 2 judicial circuits as determined by the Secretary of State.

Section 15. Duration. The Program shall begin on January 1, 2017, and end on December 31, 2018.

Section 20. Collaboration; meetings. The Secretary of State must coordinate with State, county, and local law enforcement agencies for the purpose of determining appropriate implementation procedures for the Program. The Secretary of State must also collaborate with law enforcement, State's Attorneys, the judiciary, the Department of Corrections, and the Department of Transportation, to develop guidelines, policies, and procedures for the administration of the Program and to test offenders to enforce compliance with the sobriety program, including urine testing and electronic monitoring, and to establish user fees. The Secretary of State must hold at least 2 public hearings to receive input from law enforcement agencies, State's Attorneys, the judiciary, advocacy groups, and other interested parties. The 2 public hearings must be held prior to May 1, 2016. Nothing in this Section prohibits the Secretary of State from meeting with law enforcement agencies, State's Attorneys, advocacy groups, or other interested parties in non-public meetings.

Section 25. Reports. On or before May 31, 2016, the Secretary of State shall report to the General Assembly and the Governor the following: information and suggestions gathered from public and private meetings with law enforcement agencies and other parties; proposed Program expectations, guidelines, and rules; and any anticipated issues or problems likely to impact the success of the Program. On or before March 1, 2018, the Secretary of State shall report to the General Assembly and the Governor, regarding the progress of the Program, including the recommendation of the Secretary of State on whether the Program should be continued after December 31, 2018.

Section 30. Fund. The 24-7 Sobriety Pilot Program Fund is hereby created as a special fund in the State treasury. Moneys received for the purposes of this Act including, without limitation, moneys received from fee receipts, gifts, grants, and awards from any public or private entity must be deposited into the Fund. Any interest earned on moneys in the Fund must be deposited into the Fund. From appropriations to the Secretary of State from the Fund, the Secretary of State must use the funds for expenses necessary for the administration and operation of the Program, including training, equipment, and supplies.

Section 35. Rules. The Secretary of State shall adopt rules necessary to implement the provisions of this Act.

Section 40. Repeal. This Act is repealed on July 1, 2019.

Section 105. The State Finance Act is amended by adding Section 5.875 as follows:

(30 ILCS 105/5.875 new)

Sec. 5.875. The 24-7 Sobriety Pilot Program Fund. This Section is repealed on July 1, 2019.

Section 999. Effective date. This Act takes effect upon becoming law.