Bill Text: IL HB5021 | 2011-2012 | 97th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Provides that moneys in the State Police DUI Fund and the Secretary of State Police DUI Fund shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, including but not limited to the purchase of law enforcement equipment and commodities that will assist in the prevention of alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Passed) 2012-08-22 - Public Act . . . . . . . . . 97-1050 [HB5021 Detail]
Download: Illinois-2011-HB5021-Engrossed.html
Bill Title: Amends the Illinois Vehicle Code. Provides that moneys in the State Police DUI Fund and the Secretary of State Police DUI Fund shall be used for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, including but not limited to the purchase of law enforcement equipment and commodities that will assist in the prevention of alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Passed) 2012-08-22 - Public Act . . . . . . . . . 97-1050 [HB5021 Detail]
Download: Illinois-2011-HB5021-Engrossed.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Section 11-501.01 as follows:
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6 | (625 ILCS 5/11-501.01)
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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
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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 for enforcement and | ||||||
17 | prevention of driving while under the influence of alcohol, | ||||||
18 | other drug or drugs, intoxicating compound or compounds or any | ||||||
19 | combination thereof, as defined by Section 11-501 of this Code, | ||||||
20 | including but not limited to the purchase of law enforcement | ||||||
21 | equipment and commodities that will assist in the prevention of | ||||||
22 | alcohol related criminal violence throughout the State; police | ||||||
23 | officer training and education in areas related to alcohol | ||||||
24 | related crime, including but not limited to DUI training; and | ||||||
25 | police officer salaries, including but not limited to salaries | ||||||
26 | for hire back funding for safety checkpoints, saturation |
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1 | patrols, and liquor store sting operations. to purchase law | ||||||
2 | enforcement equipment that will assist in the prevention of | ||||||
3 | alcohol related criminal violence throughout the State. This | ||||||
4 | shall include, but is not limited to, in-car video cameras, | ||||||
5 | radar and laser speed detection devices, and alcohol breath | ||||||
6 | testers. Any moneys received by the Department of State Police | ||||||
7 | under this subsection (f) shall be deposited into the State | ||||||
8 | Police DUI Fund and shall be used for enforcement and | ||||||
9 | prevention of driving while under the influence of alcohol, | ||||||
10 | other drug or drugs, intoxicating compound or compounds or any | ||||||
11 | combination thereof, as defined by Section 11-501 of this Code, | ||||||
12 | including but not limited to the to purchase of law enforcement | ||||||
13 | equipment and commodities that will assist in the prevention of | ||||||
14 | alcohol related criminal violence throughout the State ; police | ||||||
15 | officer training and education in areas related to alcohol | ||||||
16 | related crime, including but not limited to DUI training; and | ||||||
17 | police officer salaries, including but not limited to salaries | ||||||
18 | for hire back funding for safety checkpoints, saturation | ||||||
19 | patrols, and liquor store sting operations . | ||||||
20 | (g) The Secretary of State Police DUI Fund is created as a | ||||||
21 | special fund in the State treasury. All moneys received by the | ||||||
22 | Secretary of State Police under subsection (f) of this Section | ||||||
23 | shall be deposited into the Secretary of State Police DUI Fund | ||||||
24 | and, subject to appropriation, shall be used for enforcement | ||||||
25 | and prevention of driving while under the influence of alcohol, | ||||||
26 | other drug or drugs, intoxicating compound or compounds or any |
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1 | combination thereof, as defined by Section 11-501 of this Code, | ||||||
2 | including but not limited to the to purchase of law enforcement | ||||||
3 | equipment and commodities to assist in the prevention of | ||||||
4 | alcohol related criminal violence throughout the State ; police | ||||||
5 | officer training and education in areas related to alcohol | ||||||
6 | related crime, including but not limited to DUI training; and | ||||||
7 | police officer salaries, including but not limited to salaries | ||||||
8 | for hire back funding for safety checkpoints, saturation | ||||||
9 | patrols, and liquor store sting operations . | ||||||
10 | (h) Whenever an individual is sentenced for an offense | ||||||
11 | based upon an arrest for a violation of Section 11-501 or a | ||||||
12 | similar provision of a local ordinance, and the professional | ||||||
13 | evaluation recommends remedial or rehabilitative treatment or | ||||||
14 | education, neither the treatment nor the education shall be the | ||||||
15 | sole disposition and either or both may be imposed only in | ||||||
16 | conjunction with another disposition. The court shall monitor | ||||||
17 | compliance with any remedial education or treatment | ||||||
18 | recommendations contained in the professional evaluation. | ||||||
19 | Programs conducting alcohol or other drug evaluation or | ||||||
20 | remedial education must be licensed by the Department of Human | ||||||
21 | Services. If the individual is not a resident of Illinois, | ||||||
22 | however, the court may accept an alcohol or other drug | ||||||
23 | evaluation or remedial education program in the individual's | ||||||
24 | state of residence. Programs providing treatment must be | ||||||
25 | licensed under existing applicable alcoholism and drug | ||||||
26 | treatment licensure standards. |
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1 | (i) In addition to any other fine or penalty required by | ||||||
2 | law, an individual convicted of a violation of Section 11-501, | ||||||
3 | Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||
4 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
5 | similar provision, whose operation of a motor vehicle, | ||||||
6 | snowmobile, or watercraft while in violation of Section 11-501, | ||||||
7 | Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||
8 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
9 | similar provision proximately caused an incident resulting in | ||||||
10 | an appropriate emergency response, shall be required to make | ||||||
11 | restitution to a public agency for the costs of that emergency | ||||||
12 | response. The restitution may not exceed $1,000 per public | ||||||
13 | agency for each emergency response. As used in this subsection | ||||||
14 | (i), "emergency response" means any incident requiring a | ||||||
15 | response by a police officer, a firefighter carried on the | ||||||
16 | rolls of a regularly constituted fire department, or an | ||||||
17 | ambulance.
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18 | (Source: P.A. 95-578, eff. 6-1-08; 95-848, eff. 1-1-09; | ||||||
19 | 96-1342, eff. 1-1-11.)
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