Illinois General Assembly - Full Text of HB3533
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Full Text of HB3533  99th General Assembly

HB3533enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-205, 6-208, and 11-501.01 as follows:
 
6    (625 ILCS 5/6-205)
7    Sec. 6-205. Mandatory revocation of license or permit;
8Hardship cases.
9    (a) Except as provided in this Section, the Secretary of
10State shall immediately revoke the license, permit, or driving
11privileges of any driver upon receiving a report of the
12driver's conviction of any of the following offenses:
13        1. Reckless homicide resulting from the operation of a
14    motor vehicle;
15        2. Violation of Section 11-501 of this Code or a
16    similar provision of a local ordinance relating to the
17    offense of operating or being in physical control of a
18    vehicle while under the influence of alcohol, other drug or
19    drugs, intoxicating compound or compounds, or any
20    combination thereof;
21        3. Any felony under the laws of any State or the
22    federal government in the commission of which a motor
23    vehicle was used;

 

 

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1        4. Violation of Section 11-401 of this Code relating to
2    the offense of leaving the scene of a traffic accident
3    involving death or personal injury;
4        5. Perjury or the making of a false affidavit or
5    statement under oath to the Secretary of State under this
6    Code or under any other law relating to the ownership or
7    operation of motor vehicles;
8        6. Conviction upon 3 charges of violation of Section
9    11-503 of this Code relating to the offense of reckless
10    driving committed within a period of 12 months;
11        7. Conviction of any offense defined in Section 4-102
12    of this Code;
13        8. Violation of Section 11-504 of this Code relating to
14    the offense of drag racing;
15        9. Violation of Chapters 8 and 9 of this Code;
16        10. Violation of Section 12-5 of the Criminal Code of
17    1961 or the Criminal Code of 2012 arising from the use of a
18    motor vehicle;
19        11. Violation of Section 11-204.1 of this Code relating
20    to aggravated fleeing or attempting to elude a peace
21    officer;
22        12. Violation of paragraph (1) of subsection (b) of
23    Section 6-507, or a similar law of any other state,
24    relating to the unlawful operation of a commercial motor
25    vehicle;
26        13. Violation of paragraph (a) of Section 11-502 of

 

 

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1    this Code or a similar provision of a local ordinance if
2    the driver has been previously convicted of a violation of
3    that Section or a similar provision of a local ordinance
4    and the driver was less than 21 years of age at the time of
5    the offense;
6        14. Violation of paragraph (a) of Section 11-506 of
7    this Code or a similar provision of a local ordinance
8    relating to the offense of street racing;
9        15. A second or subsequent conviction of driving while
10    the person's driver's license, permit or privileges was
11    revoked for reckless homicide or a similar out-of-state
12    offense;
13        16. Any offense against any provision in this Code, or
14    any local ordinance, regulating the movement of traffic
15    when that offense was the proximate cause of the death of
16    any person. Any person whose driving privileges have been
17    revoked pursuant to this paragraph may seek to have the
18    revocation terminated or to have the length of revocation
19    reduced by requesting an administrative hearing with the
20    Secretary of State prior to the projected driver's license
21    application eligibility date;
22        17. Violation of subsection (a-2) of Section 11-1301.3
23    of this Code or a similar provision of a local ordinance;
24        18. A second or subsequent conviction of illegal
25    possession, while operating or in actual physical control,
26    as a driver, of a motor vehicle, of any controlled

 

 

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1    substance prohibited under the Illinois Controlled
2    Substances Act, any cannabis prohibited under the Cannabis
3    Control Act, or any methamphetamine prohibited under the
4    Methamphetamine Control and Community Protection Act. A
5    defendant found guilty of this offense while operating a
6    motor vehicle shall have an entry made in the court record
7    by the presiding judge that this offense did occur while
8    the defendant was operating a motor vehicle and order the
9    clerk of the court to report the violation to the Secretary
10    of State.
11    (b) The Secretary of State shall also immediately revoke
12the license or permit of any driver in the following
13situations:
14        1. Of any minor upon receiving the notice provided for
15    in Section 5-901 of the Juvenile Court Act of 1987 that the
16    minor has been adjudicated under that Act as having
17    committed an offense relating to motor vehicles prescribed
18    in Section 4-103 of this Code;
19        2. Of any person when any other law of this State
20    requires either the revocation or suspension of a license
21    or permit;
22        3. Of any person adjudicated under the Juvenile Court
23    Act of 1987 based on an offense determined to have been
24    committed in furtherance of the criminal activities of an
25    organized gang as provided in Section 5-710 of that Act,
26    and that involved the operation or use of a motor vehicle

 

 

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1    or the use of a driver's license or permit. The revocation
2    shall remain in effect for the period determined by the
3    court. Upon the direction of the court, the Secretary shall
4    issue the person a judicial driving permit, also known as a
5    JDP. The JDP shall be subject to the same terms as a JDP
6    issued under Section 6-206.1, except that the court may
7    direct that a JDP issued under this subdivision (b)(3) be
8    effective immediately.
9    (c)(1) Whenever a person is convicted of any of the
10offenses enumerated in this Section, the court may recommend
11and the Secretary of State in his discretion, without regard to
12whether the recommendation is made by the court may, upon
13application, issue to the person a restricted driving permit
14granting the privilege of driving a motor vehicle between the
15petitioner's residence and petitioner's place of employment or
16within the scope of the petitioner's employment related duties,
17or to allow the petitioner to transport himself or herself or a
18family member of the petitioner's household to a medical
19facility for the receipt of necessary medical care or to allow
20the petitioner to transport himself or herself to and from
21alcohol or drug remedial or rehabilitative activity
22recommended by a licensed service provider, or to allow the
23petitioner to transport himself or herself or a family member
24of the petitioner's household to classes, as a student, at an
25accredited educational institution, or to allow the petitioner
26to transport children, elderly persons, or disabled persons who

 

 

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1do not hold driving privileges and are living in the
2petitioner's household to and from daycare; if the petitioner
3is able to demonstrate that no alternative means of
4transportation is reasonably available and that the petitioner
5will not endanger the public safety or welfare; provided that
6the Secretary's discretion shall be limited to cases where
7undue hardship, as defined by the rules of the Secretary of
8State, would result from a failure to issue the restricted
9driving permit. Those multiple offenders identified in
10subdivision (b)4 of Section 6-208 of this Code, however, shall
11not be eligible for the issuance of a restricted driving
12permit.
13        (2) If a person's license or permit is revoked or
14    suspended due to 2 or more convictions of violating Section
15    11-501 of this Code or a similar provision of a local
16    ordinance or a similar out-of-state offense, or Section 9-3
17    of the Criminal Code of 1961 or the Criminal Code of 2012,
18    where the use of alcohol or other drugs is recited as an
19    element of the offense, or a similar out-of-state offense,
20    or a combination of these offenses, arising out of separate
21    occurrences, that person, if issued a restricted driving
22    permit, may not operate a vehicle unless it has been
23    equipped with an ignition interlock device as defined in
24    Section 1-129.1.
25        (3) If:
26            (A) a person's license or permit is revoked or

 

 

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1        suspended 2 or more times within a 10 year period due
2        to any combination of:
3                (i) a single conviction of violating Section
4            11-501 of this Code or a similar provision of a
5            local ordinance or a similar out-of-state offense,
6            or Section 9-3 of the Criminal Code of 1961 or the
7            Criminal Code of 2012, where the use of alcohol or
8            other drugs is recited as an element of the
9            offense, or a similar out-of-state offense; or
10                (ii) a statutory summary suspension or
11            revocation under Section 11-501.1; or
12                (iii) a suspension pursuant to Section
13            6-203.1;
14        arising out of separate occurrences; or
15            (B) a person has been convicted of one violation of
16        Section 6-303 of this Code committed while his or her
17        driver's license, permit, or privilege was revoked
18        because of a violation of Section 9-3 of the Criminal
19        Code of 1961 or the Criminal Code of 2012, relating to
20        the offense of reckless homicide where the use of
21        alcohol or other drugs was recited as an element of the
22        offense, or a similar provision of a law of another
23        state;
24    that person, if issued a restricted driving permit, may not
25    operate a vehicle unless it has been equipped with an
26    ignition interlock device as defined in Section 1-129.1.

 

 

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1        (4) The person issued a permit conditioned on the use
2    of an ignition interlock device must pay to the Secretary
3    of State DUI Administration Fund an amount not to exceed
4    $30 per month. The Secretary shall establish by rule the
5    amount and the procedures, terms, and conditions relating
6    to these fees.
7        (5) If the restricted driving permit is issued for
8    employment purposes, then the prohibition against
9    operating a motor vehicle that is not equipped with an
10    ignition interlock device does not apply to the operation
11    of an occupational vehicle owned or leased by that person's
12    employer when used solely for employment purposes.
13        (6) In each case the Secretary of State may issue a
14    restricted driving permit for a period he deems
15    appropriate, except that the permit shall expire within one
16    year from the date of issuance. The Secretary may not,
17    however, issue a restricted driving permit to any person
18    whose current revocation is the result of a second or
19    subsequent conviction for a violation of Section 11-501 of
20    this Code or a similar provision of a local ordinance or
21    any similar out-of-state offense, or Section 9-3 of the
22    Criminal Code of 1961 or the Criminal Code of 2012, where
23    the use of alcohol or other drugs is recited as an element
24    of the offense, or any similar out-of-state offense, or any
25    combination of these offenses, until the expiration of at
26    least one year from the date of the revocation. A

 

 

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1    restricted driving permit issued under this Section shall
2    be subject to cancellation, revocation, and suspension by
3    the Secretary of State in like manner and for like cause as
4    a driver's license issued under this Code may be cancelled,
5    revoked, or suspended; except that a conviction upon one or
6    more offenses against laws or ordinances regulating the
7    movement of traffic shall be deemed sufficient cause for
8    the revocation, suspension, or cancellation of a
9    restricted driving permit. The Secretary of State may, as a
10    condition to the issuance of a restricted driving permit,
11    require the petitioner to participate in a designated
12    driver remedial or rehabilitative program. The Secretary
13    of State is authorized to cancel a restricted driving
14    permit if the permit holder does not successfully complete
15    the program. However, if an individual's driving
16    privileges have been revoked in accordance with paragraph
17    13 of subsection (a) of this Section, no restricted driving
18    permit shall be issued until the individual has served 6
19    months of the revocation period.
20    (c-5) (Blank).
21    (c-6) If a person is convicted of a second violation of
22operating a motor vehicle while the person's driver's license,
23permit or privilege was revoked, where the revocation was for a
24violation of Section 9-3 of the Criminal Code of 1961 or the
25Criminal Code of 2012 relating to the offense of reckless
26homicide or a similar out-of-state offense, the person's

 

 

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1driving privileges shall be revoked pursuant to subdivision
2(a)(15) of this Section. The person may not make application
3for a license or permit until the expiration of five years from
4the effective date of the revocation or the expiration of five
5years from the date of release from a term of imprisonment,
6whichever is later.
7    (c-7) If a person is convicted of a third or subsequent
8violation of operating a motor vehicle while the person's
9driver's license, permit or privilege was revoked, where the
10revocation was for a violation of Section 9-3 of the Criminal
11Code of 1961 or the Criminal Code of 2012 relating to the
12offense of reckless homicide or a similar out-of-state offense,
13the person may never apply for a license or permit.
14    (d)(1) Whenever a person under the age of 21 is convicted
15under Section 11-501 of this Code or a similar provision of a
16local ordinance or a similar out-of-state offense, the
17Secretary of State shall revoke the driving privileges of that
18person. One year after the date of revocation, and upon
19application, the Secretary of State may, if satisfied that the
20person applying will not endanger the public safety or welfare,
21issue a restricted driving permit granting the privilege of
22driving a motor vehicle only between the hours of 5 a.m. and 9
23p.m. or as otherwise provided by this Section for a period of
24one year. After this one year period, and upon reapplication
25for a license as provided in Section 6-106, upon payment of the
26appropriate reinstatement fee provided under paragraph (b) of

 

 

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1Section 6-118, the Secretary of State, in his discretion, may
2reinstate the petitioner's driver's license and driving
3privileges, or extend the restricted driving permit as many
4times as the Secretary of State deems appropriate, by
5additional periods of not more than 12 months each.
6        (2) If a person's license or permit is revoked or
7    suspended due to 2 or more convictions of violating Section
8    11-501 of this Code or a similar provision of a local
9    ordinance or a similar out-of-state offense, or Section 9-3
10    of the Criminal Code of 1961 or the Criminal Code of 2012,
11    where the use of alcohol or other drugs is recited as an
12    element of the offense, or a similar out-of-state offense,
13    or a combination of these offenses, arising out of separate
14    occurrences, that person, if issued a restricted driving
15    permit, may not operate a vehicle unless it has been
16    equipped with an ignition interlock device as defined in
17    Section 1-129.1.
18        (3) If a person's license or permit is revoked or
19    suspended 2 or more times within a 10 year period due to
20    any combination of:
21            (A) a single conviction of violating Section
22        11-501 of this Code or a similar provision of a local
23        ordinance or a similar out-of-state offense, or
24        Section 9-3 of the Criminal Code of 1961 or the
25        Criminal Code of 2012, where the use of alcohol or
26        other drugs is recited as an element of the offense, or

 

 

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1        a similar out-of-state offense; or
2            (B) a statutory summary suspension or revocation
3        under Section 11-501.1; or
4            (C) a suspension pursuant to Section 6-203.1;
5    arising out of separate occurrences, that person, if issued
6    a restricted driving permit, may not operate a vehicle
7    unless it has been equipped with an ignition interlock
8    device as defined in Section 1-129.1.
9        (4) The person issued a permit conditioned upon the use
10    of an interlock device must pay to the Secretary of State
11    DUI Administration Fund an amount not to exceed $30 per
12    month. The Secretary shall establish by rule the amount and
13    the procedures, terms, and conditions relating to these
14    fees.
15        (5) If the restricted driving permit is issued for
16    employment purposes, then the prohibition against driving
17    a vehicle that is not equipped with an ignition interlock
18    device does not apply to the operation of an occupational
19    vehicle owned or leased by that person's employer when used
20    solely for employment purposes.
21        (6) A restricted driving permit issued under this
22    Section shall be subject to cancellation, revocation, and
23    suspension by the Secretary of State in like manner and for
24    like cause as a driver's license issued under this Code may
25    be cancelled, revoked, or suspended; except that a
26    conviction upon one or more offenses against laws or

 

 

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1    ordinances regulating the movement of traffic shall be
2    deemed sufficient cause for the revocation, suspension, or
3    cancellation of a restricted driving permit.
4    (d-5) The revocation of the license, permit, or driving
5privileges of a person convicted of a third or subsequent
6violation of Section 6-303 of this Code committed while his or
7her driver's license, permit, or privilege was revoked because
8of a violation of Section 9-3 of the Criminal Code of 1961 or
9the Criminal Code of 2012, relating to the offense of reckless
10homicide, or a similar provision of a law of another state, is
11permanent. The Secretary may not, at any time, issue a license
12or permit to that person.
13    (e) This Section is subject to the provisions of the Driver
14License Compact.
15    (f) Any revocation imposed upon any person under
16subsections 2 and 3 of paragraph (b) that is in effect on
17December 31, 1988 shall be converted to a suspension for a like
18period of time.
19    (g) The Secretary of State shall not issue a restricted
20driving permit to a person under the age of 16 years whose
21driving privileges have been revoked under any provisions of
22this Code.
23    (h) The Secretary of State shall require the use of
24ignition interlock devices for a period not less than 5 years
25on all vehicles owned by a person who has been convicted of a
26second or subsequent offense under Section 11-501 of this Code

 

 

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1or a similar provision of a local ordinance. The person must
2pay to the Secretary of State DUI Administration Fund an amount
3not to exceed $30 for each month that he or she uses the
4device. The Secretary shall establish by rule and regulation
5the procedures for certification and use of the interlock
6system, the amount of the fee, and the procedures, terms, and
7conditions relating to these fees.
8    (i) (Blank).
9    (j) In accordance with 49 C.F.R. 384, the Secretary of
10State may not issue a restricted driving permit for the
11operation of a commercial motor vehicle to a person holding a
12CDL whose driving privileges have been revoked, suspended,
13cancelled, or disqualified under any provisions of this Code.
14(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
1596-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
167-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.
171-1-13; 97-1150, eff. 1-25-13.)
 
18    (625 ILCS 5/6-208)  (from Ch. 95 1/2, par. 6-208)
19    Sec. 6-208. Period of Suspension - Application After
20Revocation.
21    (a) Except as otherwise provided by this Code or any other
22law of this State, the Secretary of State shall not suspend a
23driver's license, permit, or privilege to drive a motor vehicle
24on the highways for a period of more than one year.
25    (b) Any person whose license, permit, or privilege to drive

 

 

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1a motor vehicle on the highways has been revoked shall not be
2entitled to have such license, permit, or privilege renewed or
3restored. However, such person may, except as provided under
4subsections (d) and (d-5) of Section 6-205, make application
5for a license pursuant to Section 6-106 (i) if the revocation
6was for a cause that has been removed or (ii) as provided in
7the following subparagraphs:
8        1. Except as provided in subparagraphs 1.3, 1.5, 2, 3,
9    4, and 5, the person may make application for a license (A)
10    after the expiration of one year from the effective date of
11    the revocation, (B) in the case of a violation of paragraph
12    (b) of Section 11-401 of this Code or a similar provision
13    of a local ordinance, after the expiration of 3 years from
14    the effective date of the revocation, or (C) in the case of
15    a violation of Section 9-3 of the Criminal Code of 1961 or
16    the Criminal Code of 2012 or a similar provision of a law
17    of another state relating to the offense of reckless
18    homicide or a violation of subparagraph (F) of paragraph 1
19    of subsection (d) of Section 11-501 of this Code relating
20    to aggravated driving under the influence of alcohol, other
21    drug or drugs, intoxicating compound or compounds, or any
22    combination thereof, if the violation was the proximate
23    cause of a death, after the expiration of 2 years from the
24    effective date of the revocation or after the expiration of
25    24 months from the date of release from a period of
26    imprisonment as provided in Section 6-103 of this Code,

 

 

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1    whichever is later.
2        1.3. If the person is convicted of a second or
3    subsequent violation of Section 11-501 of this Code or a
4    similar provision of a local ordinance or a similar
5    out-of-state offense, or Section 9-3 of the Criminal Code
6    of 1961 or the Criminal Code of 2012, in which the use of
7    alcohol or other drugs is recited as an element of the
8    offense, or a similar out-of-state offense, or a
9    combination of these offenses, arising out of separate
10    occurrences, that person may not make application for a
11    driver's license until:
12            (A) the person has first been issued a restricted
13        driving permit by the Secretary of State; and
14            (B) the expiration of a continuous period of not
15        less than 5 years following the issuance of the
16        restricted driving permit during which the person's
17        restricted driving permit is not suspended, cancelled,
18        or revoked for a violation of any provision of law, or
19        any rule or regulation of the Secretary of State
20        relating to the required use of an ignition interlock
21        device.
22        1.5. If the person is convicted of a violation of
23    Section 6-303 of this Code committed while his or her
24    driver's license, permit, or privilege was revoked because
25    of a violation of Section 9-3 of the Criminal Code of 1961
26    or the Criminal Code of 2012, relating to the offense of

 

 

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1    reckless homicide, or a similar provision of a law of
2    another state, the person may not make application for a
3    license or permit until the expiration of 3 years from the
4    date of the conviction.
5        2. If such person is convicted of committing a second
6    violation within a 20-year period of:
7            (A) Section 11-501 of this Code or a similar
8        provision of a local ordinance;
9            (B) Paragraph (b) of Section 11-401 of this Code or
10        a similar provision of a local ordinance;
11            (C) Section 9-3 of the Criminal Code of 1961 or the
12        Criminal Code of 2012, relating to the offense of
13        reckless homicide; or
14            (D) any combination of the above offenses
15        committed at different instances;
16    then such person may not make application for a license
17    until after the expiration of 5 years from the effective
18    date of the most recent revocation. The 20-year period
19    shall be computed by using the dates the offenses were
20    committed and shall also include similar out-of-state
21    offenses and similar offenses committed on a military
22    installation.
23        2.5. If a person is convicted of a second violation of
24    Section 6-303 of this Code committed while the person's
25    driver's license, permit, or privilege was revoked because
26    of a violation of Section 9-3 of the Criminal Code of 1961

 

 

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1    or the Criminal Code of 2012, relating to the offense of
2    reckless homicide, or a similar provision of a law of
3    another state, the person may not make application for a
4    license or permit until the expiration of 5 years from the
5    date of release from a term of imprisonment.
6        3. However, except as provided in subparagraph 4, if
7    such person is convicted of committing a third or
8    subsequent violation or any combination of the above
9    offenses, including similar out-of-state offenses and
10    similar offenses committed on a military installation,
11    contained in subparagraph 2, then such person may not make
12    application for a license until after the expiration of 10
13    years from the effective date of the most recent
14    revocation.
15        4. The person may not make application for a license if
16    the person is convicted of committing a fourth or
17    subsequent violation of Section 11-501 of this Code or a
18    similar provision of a local ordinance, Section 11-401 of
19    this Code, Section 9-3 of the Criminal Code of 1961 or the
20    Criminal Code of 2012, or a combination of these offenses,
21    similar provisions of local ordinances, similar
22    out-of-state offenses, or similar offenses committed on a
23    military installation.
24        5. The person may not make application for a license or
25    permit if the person is convicted of a third or subsequent
26    violation of Section 6-303 of this Code committed while his

 

 

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1    or her driver's license, permit, or privilege was revoked
2    because of a violation of Section 9-3 of the Criminal Code
3    of 1961 or the Criminal Code of 2012, relating to the
4    offense of reckless homicide, or a similar provision of a
5    law of another state.
6    Notwithstanding any other provision of this Code, all
7persons referred to in this paragraph (b) may not have their
8privileges restored until the Secretary receives payment of the
9required reinstatement fee pursuant to subsection (b) of
10Section 6-118.
11    In no event shall the Secretary issue such license unless
12and until such person has had a hearing pursuant to this Code
13and the appropriate administrative rules and the Secretary is
14satisfied, after a review or investigation of such person, that
15to grant the privilege of driving a motor vehicle on the
16highways will not endanger the public safety or welfare.
17    (c) (Blank).
18(Source: P.A. 96-607, eff. 8-24-09; 97-1150, eff. 1-25-13.)
 
19    (625 ILCS 5/11-501.01)
20    Sec. 11-501.01. Additional administrative sanctions.
21    (a) After a finding of guilt and prior to any final
22sentencing or an order for supervision, for an offense based
23upon an arrest for a violation of Section 11-501 or a similar
24provision of a local ordinance, individuals shall be required
25to undergo a professional evaluation to determine if an

 

 

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1alcohol, drug, or intoxicating compound abuse problem exists
2and the extent of the problem, and undergo the imposition of
3treatment as appropriate. Programs conducting these
4evaluations shall be licensed by the Department of Human
5Services. The cost of any professional evaluation shall be paid
6for by the individual required to undergo the professional
7evaluation.
8    (b) Any person who is found guilty of or pleads guilty to
9violating Section 11-501, including any person receiving a
10disposition of court supervision for violating that Section,
11may be required by the Court to attend a victim impact panel
12offered by, or under contract with, a county State's Attorney's
13office, a probation and court services department, Mothers
14Against Drunk Driving, or the Alliance Against Intoxicated
15Motorists. All costs generated by the victim impact panel shall
16be paid from fees collected from the offender or as may be
17determined by the court.
18    (c) Every person found guilty of violating Section 11-501,
19whose operation of a motor vehicle while in violation of that
20Section proximately caused any incident resulting in an
21appropriate emergency response, shall be liable for the expense
22of an emergency response as provided in subsection (i) of this
23Section.
24    (d) The Secretary of State shall revoke the driving
25privileges of any person convicted under Section 11-501 or a
26similar provision of a local ordinance.

 

 

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1    (e) The Secretary of State shall require the use of
2ignition interlock devices for a period not less than 5 years
3on all vehicles owned by a person who has been convicted of a
4second or subsequent offense of Section 11-501 or a similar
5provision of a local ordinance. The person must pay to the
6Secretary of State DUI Administration Fund an amount not to
7exceed $30 for each month that he or she uses the device. The
8Secretary shall establish by rule and regulation the procedures
9for certification and use of the interlock system, the amount
10of the fee, and the procedures, terms, and conditions relating
11to these fees.
12    (f) In addition to any other penalties and liabilities, a
13person who is found guilty of or pleads guilty to violating
14Section 11-501, including any person placed on court
15supervision for violating Section 11-501, shall be assessed
16$750, payable to the circuit clerk, who shall distribute the
17money as follows: $350 to the law enforcement agency that made
18the arrest, and $400 shall be forwarded to the State Treasurer
19for deposit into the General Revenue Fund. If the person has
20been previously convicted of violating Section 11-501 or a
21similar provision of a local ordinance, the fine shall be
22$1,000, and the circuit clerk shall distribute $200 to the law
23enforcement agency that made the arrest and $800 to the State
24Treasurer for deposit into the General Revenue Fund. In the
25event that more than one agency is responsible for the arrest,
26the amount payable to law enforcement agencies shall be shared

 

 

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1equally. Any moneys received by a law enforcement agency under
2this subsection (f) shall be used for enforcement and
3prevention of driving while under the influence of alcohol,
4other drug or drugs, intoxicating compound or compounds or any
5combination thereof, as defined by Section 11-501 of this Code,
6including but not limited to the purchase of law enforcement
7equipment and commodities that will assist in the prevention of
8alcohol related criminal violence throughout the State; police
9officer training and education in areas related to alcohol
10related crime, including but not limited to DUI training; and
11police officer salaries, including but not limited to salaries
12for hire back funding for safety checkpoints, saturation
13patrols, and liquor store sting operations. Any moneys received
14by the Department of State Police under this subsection (f)
15shall be deposited into the State Police DUI Fund and shall be
16used to purchase law enforcement equipment that will assist in
17the prevention of alcohol related criminal violence throughout
18the State.
19    (g) The Secretary of State Police DUI Fund is created as a
20special fund in the State treasury. All moneys received by the
21Secretary of State Police under subsection (f) of this Section
22shall be deposited into the Secretary of State Police DUI Fund
23and, subject to appropriation, shall be used for enforcement
24and prevention of driving while under the influence of alcohol,
25other drug or drugs, intoxicating compound or compounds or any
26combination thereof, as defined by Section 11-501 of this Code,

 

 

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1including but not limited to the purchase of law enforcement
2equipment and commodities to assist in the prevention of
3alcohol related criminal violence throughout the State; police
4officer training and education in areas related to alcohol
5related crime, including but not limited to DUI training; and
6police officer salaries, including but not limited to salaries
7for hire back funding for safety checkpoints, saturation
8patrols, and liquor store sting operations.
9    (h) Whenever an individual is sentenced for an offense
10based upon an arrest for a violation of Section 11-501 or a
11similar provision of a local ordinance, and the professional
12evaluation recommends remedial or rehabilitative treatment or
13education, neither the treatment nor the education shall be the
14sole disposition and either or both may be imposed only in
15conjunction with another disposition. The court shall monitor
16compliance with any remedial education or treatment
17recommendations contained in the professional evaluation.
18Programs conducting alcohol or other drug evaluation or
19remedial education must be licensed by the Department of Human
20Services. If the individual is not a resident of Illinois,
21however, the court may accept an alcohol or other drug
22evaluation or remedial education program in the individual's
23state of residence. Programs providing treatment must be
24licensed under existing applicable alcoholism and drug
25treatment licensure standards.
26    (i) In addition to any other fine or penalty required by

 

 

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1law, an individual convicted of a violation of Section 11-501,
2Section 5-7 of the Snowmobile Registration and Safety Act,
3Section 5-16 of the Boat Registration and Safety Act, or a
4similar provision, whose operation of a motor vehicle,
5snowmobile, or watercraft while in violation of Section 11-501,
6Section 5-7 of the Snowmobile Registration and Safety Act,
7Section 5-16 of the Boat Registration and Safety Act, or a
8similar provision proximately caused an incident resulting in
9an appropriate emergency response, shall be required to make
10restitution to a public agency for the costs of that emergency
11response. The restitution may not exceed $1,000 per public
12agency for each emergency response. As used in this subsection
13(i), "emergency response" means any incident requiring a
14response by a police officer, a firefighter carried on the
15rolls of a regularly constituted fire department, or an
16ambulance. With respect to funds designated for the Department
17of State Police, the moneys shall be remitted by the circuit
18court clerk to the State Police within one month after receipt
19for deposit into the State Police DUI Fund. With respect to
20funds designated for the Department of Natural Resources, the
21Department of Natural Resources shall deposit the moneys into
22the Conservation Police Operations Assistance Fund.
23    (j) A person that is subject to a chemical test or tests of
24blood under subsection (a) of Section 11-501.1 or subdivision
25(c)(2) of Section 11-501.2 of this Code, whether or not that
26person consents to testing, shall be liable for the expense up

 

 

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1to $500 for blood withdrawal by a physician authorized to
2practice medicine, a licensed physician assistant, a licensed
3advanced practice nurse, a registered nurse, a trained
4phlebotomist, a licensed paramedic, or a qualified person other
5than a police officer approved by the Department of State
6Police to withdraw blood, who responds, whether at a law
7enforcement facility or a health care facility, to a police
8department request for the drawing of blood based upon refusal
9of the person to submit to a lawfully requested breath test or
10probable cause exists to believe the test would disclose the
11ingestion, consumption, or use of drugs or intoxicating
12compounds if:
13        (1) the person is found guilty of violating Section
14    11-501 of this Code or a similar provision of a local
15    ordinance; or
16        (2) the person pleads guilty to or stipulates to facts
17    supporting a violation of Section 11-503 of this Code or a
18    similar provision of a local ordinance when the plea or
19    stipulation was the result of a plea agreement in which the
20    person was originally charged with violating Section
21    11-501 of this Code or a similar local ordinance.
22(Source: P.A. 97-931, eff. 1-1-13; 97-1050, eff. 1-1-13;
2398-292, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973, eff.
248-15-14.)