SB2191sam003 99TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 5/23/2016

09900SB2191sam003 LRB099 14853 AXK 48765 a

AMENDMENT TO SENATE BILL 2191

AMENDMENT NO. ______. Amend Senate Bill 2191 by replacing everything after the enacting clause with the following:

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

Section 5. Pilot Program.

(a) The Department of State Police shall develop a 4-year sobriety pilot program for drivers who have been convicted of a second or subsequent violation of Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, who are subject to paragraph (e) of Section 11-501.01 of the Illinois Vehicle Code.

(b) Beginning no later than July 1, 2017, the program shall be conducted in Madison County, St. Clair County, and any other county authorized by county board resolution to participate in the pilot program.

(c) Each driver required to participate in the program shall report twice each calendar day for the initial 120 days of his or her sentence in the manner and form prescribed by the Department to a designated location, chosen by the sheriff, and shall submit to sobriety testing. Failure to report for sobriety testing or failure to pass the sobriety test shall result in:

(1) a written warning for a first violation;

(2) a written warning and a restart of the 120 days of reporting for a second violation;

(3) county jail detention for a period not to exceed 12 hours and a restart of the 120 days of reporting for a third violation; and

(4) county jail detention for a period not to exceed 24 hours and an automatic revocation of the driver's restricted driving permit for a fourth violation.

The sheriff may, in his or her discretion, excuse a driver's failure to report for sobriety testing due to an emergency or an act of God, and may impose no sanctions. The sheriff shall report all imposed sanctions to the Department within 24 hours of issuance.

(d) Sobriety testing may be conducted by a civilian employee or any other person designated by the sheriff.

(e) The Department shall, in consultation with each sheriff, determine the fees charged to a driver for the costs associated with participation in the program.

(f) The Department shall enter into any necessary contracts and may adopt any rules necessary to carry out this Act, including rules on the criteria for failure to pass the sobriety test.

(g) A sheriff may enter into a contract or memorandum of understanding with a local police department for the administration of sobriety testing.

(h) On or before January 15 of each year, the Department shall submit a report to the Governor and to the General Assembly, which shall include, but is not limited to, the progress and the effectiveness of the pilot program.

Section 10. Repeal. This Act is repealed on February 1, 2022.

Section 99. Effective date. This Act takes effect upon becoming law.".