Full Text of HB4577 97th General Assembly
HB4577enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 11-501.01 and 16-104a as follows: | 6 | | (625 ILCS 5/11-501.01)
| 7 | | Sec. 11-501.01. Additional administrative sanctions. | 8 | | (a) After a finding of guilt and prior to any final | 9 | | sentencing or an order for supervision, for an offense based | 10 | | upon an arrest for a violation of Section 11-501 or a similar | 11 | | provision of a local ordinance, individuals shall be required | 12 | | to undergo a professional evaluation to determine if an | 13 | | alcohol, drug, or intoxicating compound abuse problem exists | 14 | | and the extent of the problem, and undergo the imposition of | 15 | | treatment as appropriate. Programs conducting these | 16 | | evaluations shall be licensed by the Department of Human | 17 | | Services. The cost of any professional evaluation shall be paid | 18 | | for by the individual required to undergo the professional | 19 | | evaluation. | 20 | | (b) Any person who is found guilty of or pleads guilty to | 21 | | violating Section 11-501, including any person receiving a | 22 | | disposition of court supervision for violating that Section, | 23 | | may be required by the Court to attend a victim impact panel |
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| 1 | | offered by, or under contract with, a county State's Attorney's | 2 | | office, a probation and court services department, Mothers | 3 | | Against Drunk Driving, or the Alliance Against Intoxicated | 4 | | Motorists. All costs generated by the victim impact panel shall | 5 | | be paid from fees collected from the offender or as may be | 6 | | determined by the court. | 7 | | (c) Every person found guilty of violating Section 11-501, | 8 | | whose operation of a motor vehicle while in violation of that | 9 | | Section proximately caused any incident resulting in an | 10 | | appropriate emergency response, shall be liable for the expense | 11 | | of an emergency response as provided in subsection (i) of this | 12 | | Section. | 13 | | (d) The Secretary of State shall revoke the driving | 14 | | privileges of any person convicted under Section 11-501 or a | 15 | | similar provision of a local ordinance. | 16 | | (e) The Secretary of State shall require the use of | 17 | | ignition interlock devices on all vehicles owned by a person | 18 | | who has been convicted of a second or subsequent offense of | 19 | | Section 11-501 or a similar provision of a local ordinance. The | 20 | | person must pay to the Secretary of State DUI Administration | 21 | | Fund an amount not to exceed $30 for each month that he or she | 22 | | uses the device. The Secretary shall establish by rule and | 23 | | regulation the procedures for certification and use of the | 24 | | interlock system, the amount of the fee, and the procedures, | 25 | | terms, and conditions relating to these fees. | 26 | | (f) In addition to any other penalties and liabilities, a |
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| 1 | | person who is found guilty of or pleads guilty to violating | 2 | | Section 11-501, including any person placed on court | 3 | | supervision for violating Section 11-501, shall be assessed | 4 | | $750, payable to the circuit clerk, who shall distribute the | 5 | | money as follows: $350 to the law enforcement agency that made | 6 | | the arrest, and $400 shall be forwarded to the State Treasurer | 7 | | for deposit into the General Revenue Fund. If the person has | 8 | | been previously convicted of violating Section 11-501 or a | 9 | | similar provision of a local ordinance, the fine shall be | 10 | | $1,000, and the circuit clerk shall distribute
$200 to the law | 11 | | enforcement agency that
made the arrest and $800 to the State
| 12 | | Treasurer for deposit into the General Revenue Fund. In the | 13 | | event that more than one agency is responsible for the arrest, | 14 | | the amount payable to law enforcement agencies shall be shared | 15 | | equally. Any moneys received by a law enforcement agency under | 16 | | this subsection (f) shall be used to purchase law enforcement | 17 | | equipment that will assist in the prevention of alcohol related | 18 | | criminal violence throughout the State. This shall include, but | 19 | | is not limited to, in-car video cameras, radar and laser speed | 20 | | detection devices, and alcohol breath testers. Any moneys | 21 | | received by the Department of State Police under this | 22 | | subsection (f) shall be deposited into the State Police DUI | 23 | | Fund and shall be used to purchase law enforcement equipment | 24 | | that will assist in the prevention of alcohol related criminal | 25 | | violence throughout the State. | 26 | | (g) The Secretary of State Police DUI Fund is created as a |
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| 1 | | special fund in the State treasury. All moneys received by the | 2 | | Secretary of State Police under subsection (f) of this Section | 3 | | shall be deposited into the Secretary of State Police DUI Fund | 4 | | and, subject to appropriation, shall be used to purchase law | 5 | | enforcement equipment to assist in the prevention of alcohol | 6 | | related criminal violence throughout the State. | 7 | | (h) Whenever an individual is sentenced for an offense | 8 | | based upon an arrest for a violation of Section 11-501 or a | 9 | | similar provision of a local ordinance, and the professional | 10 | | evaluation recommends remedial or rehabilitative treatment or | 11 | | education, neither the treatment nor the education shall be the | 12 | | sole disposition and either or both may be imposed only in | 13 | | conjunction with another disposition. The court shall monitor | 14 | | compliance with any remedial education or treatment | 15 | | recommendations contained in the professional evaluation. | 16 | | Programs conducting alcohol or other drug evaluation or | 17 | | remedial education must be licensed by the Department of Human | 18 | | Services. If the individual is not a resident of Illinois, | 19 | | however, the court may accept an alcohol or other drug | 20 | | evaluation or remedial education program in the individual's | 21 | | state of residence. Programs providing treatment must be | 22 | | licensed under existing applicable alcoholism and drug | 23 | | treatment licensure standards. | 24 | | (i) In addition to any other fine or penalty required by | 25 | | law, an individual convicted of a violation of Section 11-501, | 26 | | Section 5-7 of the Snowmobile Registration and Safety Act, |
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| 1 | | Section 5-16 of the Boat Registration and Safety Act, or a | 2 | | similar provision, whose operation of a motor vehicle, | 3 | | snowmobile, or watercraft while in violation of Section 11-501, | 4 | | Section 5-7 of the Snowmobile Registration and Safety Act, | 5 | | Section 5-16 of the Boat Registration and Safety Act, or a | 6 | | similar provision proximately caused an incident resulting in | 7 | | an appropriate emergency response, shall be required to make | 8 | | restitution to a public agency for the costs of that emergency | 9 | | response. The restitution may not exceed $1,000 per public | 10 | | agency for each emergency response. As used in this subsection | 11 | | (i), "emergency response" means any incident requiring a | 12 | | response by a police officer, a firefighter carried on the | 13 | | rolls of a regularly constituted fire department, or an | 14 | | ambulance. With respect to funds designated for the Department | 15 | | of State Police, the moneys shall be remitted by the circuit | 16 | | court clerk to the State Police within one month after receipt | 17 | | for deposit into the State Police DUI Fund. With respect to | 18 | | funds designated for the Department of Natural Resources, the | 19 | | Department of Natural Resources shall deposit the moneys into | 20 | | the Conservation Police Operations Assistance Fund.
| 21 | | (Source: P.A. 95-578, eff. 6-1-08; 95-848, eff. 1-1-09; | 22 | | 96-1342, eff. 1-1-11.)
| 23 | | (625 ILCS 5/16-104a) (from Ch. 95 1/2, par. 16-104a)
| 24 | | Sec. 16-104a. Additional penalty for certain violations. | 25 | | (a) There is added
to every fine imposed upon conviction of |
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| 1 | | an offense reportable to the
Secretary of State under the | 2 | | provisions of subdivision (a)(2) of
Section 6-204 of this Act | 3 | | an additional penalty of $4 for each $40, or fraction
thereof, | 4 | | of fine imposed. Each such additional penalty received shall be
| 5 | | remitted within one month to the State Treasurer to be | 6 | | deposited into the
Drivers Education Fund, unless the | 7 | | additional penalty is subject to
disbursement by the circuit | 8 | | clerk under Section 27.5 of the Clerks of
Courts Act. Such | 9 | | additional amounts shall be assessed by the
court and shall be | 10 | | collected by the Clerk of the Circuit Court in addition
to the | 11 | | fine and costs in the case. Such additional penalty shall not | 12 | | be
considered a part of the fine for purposes of any reduction | 13 | | made in the
fine for time served either before or after | 14 | | sentencing. Not later than
March 1 of each year the Clerk of | 15 | | the Circuit Court shall submit to the
State Comptroller a | 16 | | report of the amount of funds remitted by him to the
State | 17 | | Treasurer under this Section during the preceding calendar | 18 | | year.
Except as otherwise provided by Supreme Court Rules, if a | 19 | | court in
sentencing an offender levies a gross amount for fine, | 20 | | costs, fees and
penalties, the amount of the additional penalty | 21 | | provided for herein shall
be computed on the amount remaining | 22 | | after deducting from the gross amount
levied all fees of the | 23 | | Circuit Clerk, the State's Attorney and the Sheriff.
After | 24 | | deducting from the gross amount levied the fees and additional
| 25 | | penalty provided for herein, less any other additional | 26 | | penalties provided
by law, the clerk shall remit the net |
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| 1 | | balance remaining to the entity
authorized by law to receive | 2 | | the fine imposed in the case. For purposes of
this Section | 3 | | "fees of the Circuit Clerk" shall include, if applicable, the
| 4 | | fee provided for under Section 27.3a of the Clerks of Courts | 5 | | Act and the
fee, if applicable, payable to the county in which | 6 | | the violation occurred
pursuant to Section 5-1101 of the | 7 | | Counties Code.
| 8 | | When bail is forfeited for failure to appear in connection
| 9 | | with an offense reportable to the Secretary of State under | 10 | | subdivision (a)(2) of Section 6-204 of this Act, and no fine is | 11 | | imposed ex parte, $4
of
every $40 cash deposit, or fraction | 12 | | thereof, given to secure appearance
shall be remitted within | 13 | | one month to the State Treasurer
to be deposited into the | 14 | | Drivers Education Fund, unless the bail is
subject to | 15 | | disbursement by the circuit clerk under Section 27.5 of the
| 16 | | Clerks of Courts Act.
| 17 | | (b) In addition to any other fine or penalty required by | 18 | | law for a person convicted of a violation of Section 11-503 or | 19 | | 11-601.5 of this Code or a similar provision of a local | 20 | | ordinance, the court may, in its discretion, require the person | 21 | | to pay an additional criminal penalty that shall be distributed | 22 | | in its entirety to a public agency that provided an emergency | 23 | | response related to the person's violation. The criminal | 24 | | penalty may not exceed $100 per public agency for each | 25 | | emergency response provided for a first violation of Section | 26 | | 11-503 or
11-601.5 of this Code or a similar provision of a |
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| 1 | | local
ordinance. The criminal penalty may not exceed $500 per | 2 | | public agency for each emergency response provided for a second | 3 | | or subsequent violation of Section 11-503 or
11-601.5 of this | 4 | | Code or a similar provision of a local
ordinance. As used in | 5 | | this subsection, "emergency response" means any incident | 6 | | requiring a response by a police officer, an ambulance, a | 7 | | firefighter carried on the rolls of a regularly constituted | 8 | | fire department or fire protection district, a firefighter of a | 9 | | volunteer fire department, or a member if a recognized | 10 | | not-for-profit rescue or emergency medical service provider. | 11 | | With respect to funds designated for the Department of State | 12 | | Police, the moneys shall be remitted by the circuit court clerk | 13 | | to the State Police within one month after receipt for deposit | 14 | | into the State Police Operations Assistance Fund. With respect | 15 | | to funds designated for the Department of Natural Resources, | 16 | | the Department of Natural Resources shall deposit the moneys | 17 | | into the Conservation Police Operations Assistance Fund. | 18 | | (Source: P.A. 96-1173, eff. 7-22-10.)
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