Full Text of HB5411 103rd 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 | 5 | | changing Sections 7-201, 7-201.1, 11-212, 11-404, 11-407, and | 6 | | 11-414 as follows: | 7 | | (625 ILCS 5/7-201) (from Ch. 95 1/2, par. 7-201) | 8 | | Sec. 7-201. Application of Article II. The Administrator | 9 | | as soon as practicable after the receipt of the report, | 10 | | required to be filed under Section 11-407 Sections 11-406 and | 11 | | 11-410 , of a motor vehicle crash occurring within this State | 12 | | and that has resulted in bodily injury or death of any person | 13 | | or that damage to the property of any one person in excess of | 14 | | $1,500 (or $500 if any of the vehicles involved in the crash is | 15 | | subject to Section 7-601 but is not covered by a liability | 16 | | insurance policy in accordance with Section 7-601) was | 17 | | sustained, shall determine: | 18 | | 1. Whether Section 7-202 of this Code requires the | 19 | | deposit of security by or on behalf of any person who was | 20 | | the operator or owner of any motor vehicle in any manner | 21 | | involved in the crash; and | 22 | | 2. What amount of security shall be sufficient to | 23 | | satisfy any potential judgment or judgments for money |
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| 1 | | damages resulting from the crash as may be recovered | 2 | | against the operator or owner, which amount shall in no | 3 | | event be less than $1,500 (or $500 if any of the vehicles | 4 | | involved in the crash is subject to Section 7-601 but is | 5 | | not covered by a liability insurance policy in accordance | 6 | | with Section 7-601). | 7 | | (Source: P.A. 102-982, eff. 7-1-23 .) | 8 | | (625 ILCS 5/7-201.1) (from Ch. 95 1/2, par. 7-201.1) | 9 | | Sec. 7-201.1. If the Administrator has not received a | 10 | | report required to be filed under Section 11-407 Sections | 11 | | 11-406 and 11-410 , or if the information contained in a report | 12 | | is insufficient, the Administrator shall send to the person | 13 | | required to file the report a written request for the missing | 14 | | report or the missing information. The Administrator shall | 15 | | send such request no later than 45 days after the crash or 7 | 16 | | days after receiving information that such crash has occurred, | 17 | | whichever is later. | 18 | | If the request is sent to a driver involved in a crash, the | 19 | | request or an attachment thereto shall contain in bold print a | 20 | | warning that failure to comply with the request within 15 days | 21 | | may result in the suspension of the driver's license. | 22 | | (Source: P.A. 102-982, eff. 7-1-23 .) | 23 | | (625 ILCS 5/11-212) | 24 | | Sec. 11-212. Traffic and pedestrian stop statistical |
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| 1 | | study. | 2 | | (a) Whenever a State or local law enforcement officer | 3 | | issues a uniform traffic citation or warning citation for an | 4 | | alleged violation of the Illinois Vehicle Code, he or she | 5 | | shall record at least the following: | 6 | | (1) the name, address, gender, and the officer's | 7 | | subjective determination of the race of the person | 8 | | stopped; the person's race shall be selected from the | 9 | | following list: American Indian or Alaska Native, Asian, | 10 | | Black or African American, Hispanic or Latino, Native | 11 | | Hawaiian or Other Pacific Islander, or White; | 12 | | (2) the alleged traffic violation that led to the stop | 13 | | of the motorist; | 14 | | (3) the make and year of the vehicle stopped; | 15 | | (4) the date and time of the stop, beginning when the | 16 | | vehicle was stopped and ending when the driver is free to | 17 | | leave or taken into physical custody; | 18 | | (5) the location of the traffic stop; | 19 | | (5.5) whether or not a consent search contemporaneous | 20 | | to the stop was requested of the vehicle, driver, | 21 | | passenger, or passengers; and, if so, whether consent was | 22 | | given or denied; | 23 | | (6) whether or not a search contemporaneous to the | 24 | | stop was conducted of the vehicle, driver, passenger, or | 25 | | passengers; and, if so, whether it was with consent or by | 26 | | other means; |
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| 1 | | (6.2) whether or not a police dog performed a sniff of | 2 | | the vehicle; and, if so, whether or not the dog alerted to | 3 | | the presence of contraband; and, if so, whether or not an | 4 | | officer searched the vehicle; and, if so, whether or not | 5 | | contraband was discovered; and, if so, the type and amount | 6 | | of contraband; | 7 | | (6.5) whether or not contraband was found during a | 8 | | search; and, if so, the type and amount of contraband | 9 | | seized; and | 10 | | (7) the name and badge number of the issuing officer. | 11 | | (b) Whenever a State or local law enforcement officer | 12 | | stops a motorist for an alleged violation of the Illinois | 13 | | Vehicle Code and does not issue a uniform traffic citation or | 14 | | warning citation for an alleged violation of the Illinois | 15 | | Vehicle Code, he or she shall complete a uniform stop card, | 16 | | which includes field contact cards, or any other existing form | 17 | | currently used by law enforcement containing information | 18 | | required pursuant to this Act, that records at least the | 19 | | following: | 20 | | (1) the name, address, gender, and the officer's | 21 | | subjective determination of the race of the person | 22 | | stopped; the person's race shall be selected from the | 23 | | following list: American Indian or Alaska Native, Asian, | 24 | | Black or African American, Hispanic or Latino, Native | 25 | | Hawaiian or Other Pacific Islander, or White; | 26 | | (2) the reason that led to the stop of the motorist; |
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| 1 | | (3) the make and year of the vehicle stopped; | 2 | | (4) the date and time of the stop, beginning when the | 3 | | vehicle was stopped and ending when the driver is free to | 4 | | leave or taken into physical custody; | 5 | | (5) the location of the traffic stop; | 6 | | (5.5) whether or not a consent search contemporaneous | 7 | | to the stop was requested of the vehicle, driver, | 8 | | passenger, or passengers; and, if so, whether consent was | 9 | | given or denied; | 10 | | (6) whether or not a search contemporaneous to the | 11 | | stop was conducted of the vehicle, driver, passenger, or | 12 | | passengers; and, if so, whether it was with consent or by | 13 | | other means; | 14 | | (6.2) whether or not a police dog performed a sniff of | 15 | | the vehicle; and, if so, whether or not the dog alerted to | 16 | | the presence of contraband; and, if so, whether or not an | 17 | | officer searched the vehicle; and, if so, whether or not | 18 | | contraband was discovered; and, if so, the type and amount | 19 | | of contraband; | 20 | | (6.5) whether or not contraband was found during a | 21 | | search; and, if so, the type and amount of contraband | 22 | | seized; and | 23 | | (7) the name and badge number of the issuing officer. | 24 | | (b-5) For purposes of this subsection (b-5), "detention" | 25 | | means all frisks, searches, summons, and arrests. Whenever a | 26 | | law enforcement officer subjects a pedestrian to detention in |
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| 1 | | a public place, he or she shall complete a uniform pedestrian | 2 | | stop card, which includes any existing form currently used by | 3 | | law enforcement containing all the information required under | 4 | | this Section, that records at least the following: | 5 | | (1) the gender, and the officer's subjective | 6 | | determination of the race of the person stopped; the | 7 | | person's race shall be selected from the following list: | 8 | | American Indian or Alaska Native, Asian, Black or African | 9 | | American, Hispanic or Latino, Native Hawaiian or Other | 10 | | Pacific Islander, or White; | 11 | | (2) all the alleged reasons that led to the stop of the | 12 | | person; | 13 | | (3) the date and time of the stop; | 14 | | (4) the location of the stop; | 15 | | (5) whether or not a protective pat down or frisk was | 16 | | conducted of the person; and, if so, all the alleged | 17 | | reasons that led to the protective pat down or frisk, and | 18 | | whether it was with consent or by other means; | 19 | | (6) whether or not contraband was found during the | 20 | | protective pat down or frisk; and, if so, the type and | 21 | | amount of contraband seized; | 22 | | (7) whether or not a search beyond a protective pat | 23 | | down or frisk was conducted of the person or his or her | 24 | | effects; and, if so, all the alleged reasons that led to | 25 | | the search, and whether it was with consent or by other | 26 | | means; |
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| 1 | | (8) whether or not contraband was found during the | 2 | | search beyond a protective pat down or frisk; and, if so, | 3 | | the type and amount of contraband seized; | 4 | | (9) the disposition of the stop, such as a warning, a | 5 | | ticket, a summons, or an arrest; | 6 | | (10) if a summons or ticket was issued, or an arrest | 7 | | made, a record of the violations, offenses, or crimes | 8 | | alleged or charged; and | 9 | | (11) the name and badge number of the officer who | 10 | | conducted the detention. | 11 | | This subsection (b-5) does not apply to searches or | 12 | | inspections for compliance authorized under the Fish and | 13 | | Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, | 14 | | or searches or inspections during routine security screenings | 15 | | at facilities or events. | 16 | | (c) The Illinois Department of Transportation shall | 17 | | provide a standardized law enforcement data compilation form | 18 | | on its website. | 19 | | (d) Every law enforcement agency shall, by February March | 20 | | 1 with regard to data collected during July through December | 21 | | of the previous calendar year and by August 1 with regard to | 22 | | data collected during January through June of the current | 23 | | calendar year, compile the data described in subsections (a), | 24 | | (b), and (b-5) on the standardized law enforcement data | 25 | | compilation form provided by the Illinois Department of | 26 | | Transportation and transmit the data to the Department. |
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| 1 | | (e) The Illinois Department of Transportation shall | 2 | | analyze the data provided by law enforcement agencies required | 3 | | by this Section and submit a report of the previous year's | 4 | | findings to the Governor, the General Assembly, the Racial | 5 | | Profiling Prevention and Data Oversight Board, and each law | 6 | | enforcement agency no later than July 1 of each year. The | 7 | | Illinois Department of Transportation may contract with an | 8 | | outside entity for the analysis of the data provided. In | 9 | | analyzing the data collected under this Section, the analyzing | 10 | | entity shall scrutinize the data for evidence of statistically | 11 | | significant aberrations. The following list, which is | 12 | | illustrative, and not exclusive, contains examples of areas in | 13 | | which statistically significant aberrations may be found: | 14 | | (1) The percentage of minority drivers, passengers, or | 15 | | pedestrians being stopped in a given area is substantially | 16 | | higher than the proportion of the overall population in or | 17 | | traveling through the area that the minority constitutes. | 18 | | (2) A substantial number of false stops including | 19 | | stops not resulting in the issuance of a traffic ticket or | 20 | | the making of an arrest. | 21 | | (3) A disparity between the proportion of citations | 22 | | issued to minorities and proportion of minorities in the | 23 | | population. | 24 | | (4) A disparity among the officers of the same law | 25 | | enforcement agency with regard to the number of minority | 26 | | drivers, passengers, or pedestrians being stopped in a |
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| 1 | | given area. | 2 | | (5) A disparity between the frequency of searches | 3 | | performed on minority drivers or pedestrians and the | 4 | | frequency of searches performed on non-minority drivers or | 5 | | pedestrians. | 6 | | (f) Any law enforcement officer identification information | 7 | | and driver or pedestrian identification information that is | 8 | | compiled by any law enforcement agency or the Illinois | 9 | | Department of Transportation pursuant to this Act for the | 10 | | purposes of fulfilling the requirements of this Section shall | 11 | | be confidential and exempt from public inspection and copying, | 12 | | as provided under Section 7 of the Freedom of Information Act, | 13 | | and the information shall not be transmitted to anyone except | 14 | | as needed to comply with this Section. This Section shall not | 15 | | exempt those materials that, prior to the effective date of | 16 | | this amendatory Act of the 93rd General Assembly, were | 17 | | available under the Freedom of Information Act. This | 18 | | subsection (f) shall not preclude law enforcement agencies | 19 | | from reviewing data to perform internal reviews. | 20 | | (g) Funding to implement this Section shall come from | 21 | | federal highway safety funds available to Illinois, as | 22 | | directed by the Governor. | 23 | | (h) The Illinois Criminal Justice Information Authority, | 24 | | in consultation with law enforcement agencies, officials, and | 25 | | organizations, including Illinois chiefs of police, the | 26 | | Illinois State Police, the Illinois Sheriffs Association, and |
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| 1 | | the Chicago Police Department, and community groups and other | 2 | | experts, shall undertake a study to determine the best use of | 3 | | technology to collect, compile, and analyze the traffic stop | 4 | | statistical study data required by this Section. The | 5 | | Department shall report its findings and recommendations to | 6 | | the Governor and the General Assembly by March 1, 2022. | 7 | | (h-1) The Traffic and Pedestrian Stop Data Use and | 8 | | Collection Task Force is hereby created. | 9 | | (1) The Task Force shall undertake a study to | 10 | | determine the best use of technology to collect, compile, | 11 | | and analyze the traffic stop statistical study data | 12 | | required by this Section. | 13 | | (2) The Task Force shall be an independent Task Force | 14 | | under the Illinois Criminal Justice Information Authority | 15 | | for administrative purposes, and shall consist of the | 16 | | following members: | 17 | | (A) 2 academics or researchers who have studied | 18 | | issues related to traffic or pedestrian stop data | 19 | | collection and have education or expertise in | 20 | | statistics; | 21 | | (B) one professor from an Illinois university who | 22 | | specializes in policing and racial equity; | 23 | | (C) one representative from the Illinois State | 24 | | Police; | 25 | | (D) one representative from the Chicago Police | 26 | | Department; |
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| 1 | | (E) one representative from the Illinois Chiefs of | 2 | | Police; | 3 | | (F) one representative from the Illinois Sheriffs | 4 | | Association; | 5 | | (G) one representative from the Chicago Fraternal | 6 | | Order of Police; | 7 | | (H) one representative from the Illinois Fraternal | 8 | | Order of Police; | 9 | | (I) the Executive Director of the American Civil | 10 | | Liberties Union of Illinois, or his or her designee; | 11 | | and | 12 | | (J) 5 representatives from different community | 13 | | organizations who specialize in civil or human rights, | 14 | | policing, or criminal justice reform work, and that | 15 | | represent a range of minority interests or different | 16 | | parts of the State. | 17 | | (3) The Illinois Criminal Justice Information | 18 | | Authority may consult, contract, work in conjunction with, | 19 | | and obtain any information from any individual, agency, | 20 | | association, or research institution deemed appropriate by | 21 | | the Authority. | 22 | | (4) The Task Force shall report its findings and | 23 | | recommendations to the Governor and the General Assembly | 24 | | by March 1, 2022 and every 3 years after. | 25 | | (h-5) For purposes of this Section: | 26 | | (1) "American Indian or Alaska Native" means a person |
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| 1 | | having origins in any of the original peoples of North and | 2 | | South America, including Central America, and who | 3 | | maintains tribal affiliation or community attachment. | 4 | | (2) "Asian" means a person having origins in any of | 5 | | the original peoples of the Far East, Southeast Asia, or | 6 | | the Indian subcontinent, including, but not limited to, | 7 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 8 | | the Philippine Islands, Thailand, and Vietnam. | 9 | | (2.5) "Badge" means an officer's department issued | 10 | | identification number associated with his or her position | 11 | | as a police officer with that department. | 12 | | (3) "Black or African American" means a person having | 13 | | origins in any of the black racial groups of Africa. | 14 | | (4) "Hispanic or Latino" means a person of Cuban, | 15 | | Mexican, Puerto Rican, South or Central American, or other | 16 | | Spanish culture or origin, regardless of race. | 17 | | (5) "Native Hawaiian or Other Pacific Islander" means | 18 | | a person having origins in any of the original peoples of | 19 | | Hawaii, Guam, Samoa, or other Pacific Islands. | 20 | | (6) "White" means a person having origins in any of | 21 | | the original peoples of Europe, the Middle East, or North | 22 | | Africa. | 23 | | (i) (Blank). | 24 | | (Source: P.A. 101-24, eff. 6-21-19; 102-465, eff. 1-1-22; | 25 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
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| 1 | | (625 ILCS 5/11-404) (from Ch. 95 1/2, par. 11-404) | 2 | | Sec. 11-404. Duty upon damaging unattended vehicle or | 3 | | other property. | 4 | | (a) The driver of any vehicle which collides with or is | 5 | | involved in a motor vehicle crash with any vehicle which is | 6 | | unattended, or other property, resulting in any damage to such | 7 | | other vehicle or property shall immediately stop and shall | 8 | | then and there either locate and notify the operator or owner | 9 | | of such vehicle or other property of the driver's name, | 10 | | address, registration number and owner of the vehicle the | 11 | | driver was operating or shall attach securely in a conspicuous | 12 | | place on or in the vehicle or other property struck a written | 13 | | notice giving the driver's name, address, registration number | 14 | | and owner of the vehicle the driver was driving and shall | 15 | | without unnecessary delay notify the nearest office of a duly | 16 | | authorized police authority and shall make a written report of | 17 | | such crash when and as required in Section 11-407 11-406 . | 18 | | Every such stop shall be made without obstructing traffic more | 19 | | than is necessary. If a damaged vehicle is obstructing traffic | 20 | | lanes, the driver of the vehicle must make every reasonable | 21 | | effort to move the vehicle or have it moved so as not to block | 22 | | the traffic lanes. | 23 | | (b) Any person failing to comply with this Section shall | 24 | | be guilty of a Class A misdemeanor. | 25 | | (c) If any peace officer or highway authority official | 26 | | finds (i) a vehicle standing upon a highway or toll highway in |
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| 1 | | violation of a prohibition, limitation, or restriction on | 2 | | stopping, standing, or parking imposed under this Code or (ii) | 3 | | a disabled vehicle that obstructs the roadway of a highway or | 4 | | toll highway, the peace officer or highway authority official | 5 | | is authorized to move the vehicle or to require the operator of | 6 | | the vehicle to move the vehicle to the shoulder of the road, to | 7 | | a position where parking is permitted, or to public parking or | 8 | | storage premises. The removal may be performed by, or under | 9 | | the direction of, the peace officer or highway authority | 10 | | official or may be contracted for by local authorities. After | 11 | | the vehicle has been removed, the peace officer or highway | 12 | | authority official shall follow appropriate procedures, as | 13 | | provided in Section 4-203 of this Code. | 14 | | (d) A towing service, its officers, and its employees are | 15 | | not liable for loss of or damages to any real or personal | 16 | | property that occurs as the result of the removal or towing of | 17 | | any vehicle under subsection (c), as provided in subsection | 18 | | (b) of Section 4-213. | 19 | | (Source: P.A. 102-982, eff. 7-1-23 .) | 20 | | (625 ILCS 5/11-407) (from Ch. 95 1/2, par. 11-407) | 21 | | Sec. 11-407. Immediate notice of crash. | 22 | | (a) The driver of a vehicle that which is in any manner | 23 | | involved in a crash in this State that requires notice to be | 24 | | given to the local police department, the county sheriff, or | 25 | | the Illinois State Police under this Section described in |
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| 1 | | Section 11-406 of this Chapter shall, if no police officer is | 2 | | present, give notice of the crash by the fastest available | 3 | | means of communication to the local police department if such | 4 | | crash occurs within a municipality or otherwise to the nearest | 5 | | office of the county sheriff or nearest headquarters of the | 6 | | Illinois State Police. Notice is required to be given under | 7 | | this subsection (a) if the crash: (1) results in injury to or | 8 | | death of any person; (2) results in damage to the property of | 9 | | any person, including the driver, in excess of $1,500 (or $500 | 10 | | if any of the vehicles involved in the accident is subject to | 11 | | Section 7-601 but is not covered by a liability insurance | 12 | | policy in accordance with Section 7-601; (3) if a school bus is | 13 | | involved in the crash and the crash is caused by a collision, a | 14 | | sudden stop, or otherwise, and the crash results in any | 15 | | property damage, personal injury, or death; or (4) if the | 16 | | crash occurs within 50 feet of a school bus and results in | 17 | | personal injury to or death of any person who is awaiting or | 18 | | preparing to board the school bus or immediately after the | 19 | | person exits the school bus. | 20 | | (b) Whenever the driver of a vehicle is physically | 21 | | incapable of giving immediate notice of a crash as required in | 22 | | Subsection (a) and there was another occupant in the vehicle | 23 | | at the time of the crash capable of doing so, that occupant | 24 | | must give notice as required in Subsection (a). | 25 | | (Source: P.A. 102-982, eff. 7-1-23 .) |
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| 1 | | (625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414) | 2 | | Sec. 11-414. Department to tabulate and analyze motor | 3 | | vehicle crash reports. The Department shall tabulate and may | 4 | | analyze all written motor vehicle crash reports received in | 5 | | compliance with this Code and shall publish annually or at | 6 | | more frequent intervals motor vehicle crash data. The | 7 | | Department: | 8 | | 1. (blank); | 9 | | 2. shall, upon written request, make available to the | 10 | | public motor vehicle crash data that shall be distributed | 11 | | under Sections 11-412 and 11-417 of this Code; | 12 | | 3. may conduct special investigations of motor vehicle | 13 | | crashes and may solicit supplementary reports from | 14 | | drivers, owners, police departments, sheriffs, coroners, | 15 | | or any other individual. Failure of any individual to | 16 | | submit a supplementary report subjects such individual to | 17 | | the same penalties for failure to report as designated | 18 | | under Section 11-407 11-406 . | 19 | | (Source: P.A. 102-982, eff. 7-1-23 .) | 20 | | Section 10. The DUI Prevention and Education Commission | 21 | | Act is amended by changing Sections 15 and 20 as follows: | 22 | | (625 ILCS 70/15) | 23 | | Sec. 15. Powers. The Commission may create rules and | 24 | | guidelines for distributing funds and shall: |
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| 1 | | (1) determine the best course of action for | 2 | | distributing funds on a regular basis, either a | 3 | | competitive grant program or direct expenditures from the | 4 | | DUI Prevention and Education Fund; | 5 | | (2) at the end of fiscal years when funds are | 6 | | expended, provide a report to the General Assembly of how | 7 | | funds were expended, including, but not limited to, a list | 8 | | of grantees if applicable and program metrics; and | 9 | | | | | (3) provide approval to the Department of | 10 | | Transportation for use of funds. | 11 | | (1) create rules and guidelines to consider in | 12 | | accepting, reviewing, and determining grant applications; | 13 | | (2) as necessary, meet to determine recipients of | 14 | | grants from the DUI Prevention and Education Fund; and | 15 | | (3) provide a list of eligible grant recipients to the | 16 | | Department of Transportation. | 17 | | (Source: P.A. 101-196, eff. 1-1-20 .) | 18 | | (625 ILCS 70/20) | 19 | | Sec. 20. DUI Prevention and Education Fund; transfer of | 20 | | funds. | 21 | | (a) The DUI Prevention and Education Fund is created as a | 22 | | special fund in the State treasury. Subject to appropriation, | 23 | | all moneys in the DUI Prevention and Education Fund shall be | 24 | | distributed by the Department of Transportation with approval | 25 | | guidance from the DUI Prevention and Education Commission as |
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| 1 | | grants for crash victim programs and materials, impaired | 2 | | driving prevention programs, law enforcement support, and | 3 | | other DUI-related programs. | 4 | | (b) As soon as practical after the effective date of this | 5 | | Act, the State Comptroller shall direct and the State | 6 | | Treasurer shall transfer any remaining balance in excess of | 7 | | $30,000 from the Roadside Memorial Fund to the DUI Prevention | 8 | | and Education Fund. Starting in 2021 and continuing every year | 9 | | after, the cash balance in the Roadside Memorial Fund on June | 10 | | 30 shall be transferred to the DUI Prevention and Education | 11 | | Fund as soon as practical. | 12 | | (Source: P.A. 101-196, eff. 1-1-20; 102-60, eff. 7-9-21.) |
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