Illinois General Assembly - Illinois Compiled Statutes

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730 ILCS 5/5-9-1.9

(730 ILCS 5/5-9-1.9)

Sec. 5-9-1.9. DUI analysis fee.

(a) "Crime laboratory" means a not-for-profit laboratory substantially
funded by a single unit or combination of units of local government or the
State of
Illinois that regularly employs at least one person engaged in the DUI
analysis of blood,  other bodily substance, and urine for criminal justice agencies in criminal matters
and provides testimony with respect to such examinations.

"DUI analysis" means an analysis of blood,  other bodily substance, or urine for purposes of
determining whether a violation of Section 11-501 of the Illinois Vehicle Code
has occurred.

(b) (Blank).

(c) In addition to any other disposition made under the provisions of
the Juvenile Court Act of 1987, any minor adjudicated delinquent for an offense
which if committed by an adult would constitute a violation of Section 11-501
of the Illinois Vehicle Code shall pay a crime laboratory DUI analysis assessment
 of $150 for each adjudication.  Upon verified petition of the minor, the
court may suspend payment of all or part of the assessment if it finds
that the minor does not have the ability to pay the assessment.  The parent, guardian,
or legal custodian of the minor may pay some or all of the assessment on the minor's
behalf.

(d) All crime laboratory DUI analysis assessments provided for by this Section
shall
be collected by the clerk of the court and forwarded to the appropriate crime
laboratory DUI fund as provided in subsection (f).

(e) Crime laboratory funds shall be established as follows:

(1) A unit of local government that maintains a crime

laboratory may establish a crime laboratory DUI fund within the office of the county or municipal treasurer.

(2) Any combination of units of local government that

maintains a crime laboratory may establish a crime laboratory DUI fund within the office of the treasurer of the county where the crime laboratory is situated.

(3) (Blank).

(f) The analysis assessment provided for in subsection (c) of this Section
shall be forwarded to the office of the treasurer of the unit of local
government that performed the analysis if that unit of local government has
established a crime laboratory DUI fund, or remitted to the State Treasurer for deposit
into the State Crime Laboratory Fund if the analysis was
performed by a
laboratory operated by the Illinois State Police.  If the analysis was
performed by a crime laboratory funded by a combination of units of local
government, the analysis assessment shall be forwarded to the treasurer of the county
where the crime laboratory is situated if a crime laboratory DUI fund has been
established in that county.  If the unit of local government or combination of
units of local government has not established a crime laboratory DUI fund, then
the analysis assessment shall be remitted to the State Treasurer for deposit into
the State Crime Laboratory Fund.

(g) Moneys deposited into a crime laboratory DUI fund created under
paragraphs (1) and (2) of subsection (e) of this Section shall be in addition
to any allocations made pursuant to existing law and shall be designated for
the exclusive use of the crime laboratory.  These uses may include, but are not
limited to, the following:

(1) Costs incurred in providing analysis for DUI

investigations conducted within this State.

(2) Purchase and maintenance of equipment for use in

performing analyses.

(3) Continuing education, training, and professional

development of forensic scientists regularly employed by these laboratories.

(h) Moneys deposited in the State Crime Laboratory Fund
 shall be used by
State crime laboratories as designated by the Director of the Illinois State Police.  These
funds shall be in addition to any allocations made according to existing law
and shall be designated for the exclusive use of State crime laboratories.
These uses may include those enumerated in subsection (g) of this Section.

(i) Notwithstanding any other provision of law to the contrary and in addition to any other transfers that may be provided by law, on June 17, 2021 (the effective date of Public Act 102-16), or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the State Police DUI Fund into the State Police Operations Assistance Fund. Upon completion of the transfer, the State Police DUI Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the State Police Operations Assistance Fund.

(Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)