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| Public Act 097-1050
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| HB5021 Enrolled | LRB097 19462 HEP 64715 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 11-501.01 as follows:
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(625 ILCS 5/11-501.01)
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Sec. 11-501.01. Additional administrative sanctions. |
(a) After a finding of guilt and prior to any final |
sentencing or an order for supervision, for an offense based |
upon an arrest for a violation of Section 11-501 or a similar |
provision of a local ordinance, individuals shall be required |
to undergo a professional evaluation to determine if an |
alcohol, drug, or intoxicating compound abuse problem exists |
and the extent of the problem, and undergo the imposition of |
treatment as appropriate. Programs conducting these |
evaluations shall be licensed by the Department of Human |
Services. The cost of any professional evaluation shall be paid |
for by the individual required to undergo the professional |
evaluation. |
(b) Any person who is found guilty of or pleads guilty to |
violating Section 11-501, including any person receiving a |
disposition of court supervision for violating that Section, |
may be required by the Court to attend a victim impact panel |
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offered by, or under contract with, a county State's Attorney's |
office, a probation and court services department, Mothers |
Against Drunk Driving, or the Alliance Against Intoxicated |
Motorists. All costs generated by the victim impact panel shall |
be paid from fees collected from the offender or as may be |
determined by the court. |
(c) Every person found guilty of violating Section 11-501, |
whose operation of a motor vehicle while in violation of that |
Section proximately caused any incident resulting in an |
appropriate emergency response, shall be liable for the expense |
of an emergency response as provided in subsection (i) of this |
Section. |
(d) The Secretary of State shall revoke the driving |
privileges of any person convicted under Section 11-501 or a |
similar provision of a local ordinance. |
(e) The Secretary of State shall require the use of |
ignition interlock devices on all vehicles owned by a person |
who has been convicted of a second or subsequent offense of |
Section 11-501 or a similar provision of a local ordinance. The |
person must pay to the Secretary of State DUI Administration |
Fund an amount not to exceed $30 for each month that he or she |
uses the device. The Secretary shall establish by rule and |
regulation the procedures for certification and use of the |
interlock system, the amount of the fee, and the procedures, |
terms, and conditions relating to these fees. |
(f) In addition to any other penalties and liabilities, a |
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person who is found guilty of or pleads guilty to violating |
Section 11-501, including any person placed on court |
supervision for violating Section 11-501, shall be assessed |
$750, payable to the circuit clerk, who shall distribute the |
money as follows: $350 to the law enforcement agency that made |
the arrest, and $400 shall be forwarded to the State Treasurer |
for deposit into the General Revenue Fund. If the person has |
been previously convicted of violating Section 11-501 or a |
similar provision of a local ordinance, the fine shall be |
$1,000, and the circuit clerk shall distribute
$200 to the law |
enforcement agency that
made the arrest and $800 to the State
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Treasurer for deposit into the General Revenue Fund. In the |
event that more than one agency is responsible for the arrest, |
the amount payable to law enforcement agencies shall be shared |
equally. Any moneys received by a law enforcement agency under |
this subsection (f) 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, as defined by Section 11-501 of this Code, |
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 |
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patrols, and liquor store sting operations. to purchase law |
enforcement equipment that will assist in the prevention of |
alcohol related criminal violence throughout the State. This |
shall include, but is not limited to, in-car video cameras, |
radar and laser speed detection devices, and alcohol breath |
testers. Any moneys received by the Department of State Police |
under this subsection (f) shall be deposited into the State |
Police DUI Fund and shall be used to purchase law enforcement |
equipment that will assist in the prevention of alcohol related |
criminal violence throughout the State. |
(g) The Secretary of State Police DUI Fund is created as a |
special fund in the State treasury. All moneys received by the |
Secretary of State Police under subsection (f) of this Section |
shall be deposited into the Secretary of State Police DUI Fund |
and, subject to appropriation, 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, as defined by Section 11-501 of this Code, |
including but not limited to the to purchase of law enforcement |
equipment and commodities to 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. |
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(h) Whenever an individual is sentenced for an offense |
based upon an arrest for a violation of Section 11-501 or a |
similar provision of a local ordinance, and the professional |
evaluation recommends remedial or rehabilitative treatment or |
education, neither the treatment nor the education shall be the |
sole disposition and either or both may be imposed only in |
conjunction with another disposition. The court shall monitor |
compliance with any remedial education or treatment |
recommendations contained in the professional evaluation. |
Programs conducting alcohol or other drug evaluation or |
remedial education must be licensed by the Department of Human |
Services. If the individual is not a resident of Illinois, |
however, the court may accept an alcohol or other drug |
evaluation or remedial education program in the individual's |
state of residence. Programs providing treatment must be |
licensed under existing applicable alcoholism and drug |
treatment licensure standards. |
(i) In addition to any other fine or penalty required by |
law, an individual convicted of a violation of Section 11-501, |
Section 5-7 of the Snowmobile Registration and Safety Act, |
Section 5-16 of the Boat Registration and Safety Act, or a |
similar provision, whose operation of a motor vehicle, |
snowmobile, or watercraft while in violation of Section 11-501, |
Section 5-7 of the Snowmobile Registration and Safety Act, |
Section 5-16 of the Boat Registration and Safety Act, or a |
similar provision proximately caused an incident resulting in |
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an appropriate emergency response, shall be required to make |
restitution to a public agency for the costs of that emergency |
response. The restitution may not exceed $1,000 per public |
agency for each emergency response. As used in this subsection |
(i), "emergency response" means any incident requiring a |
response by a police officer, a firefighter carried on the |
rolls of a regularly constituted fire department, or an |
ambulance.
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(Source: P.A. 95-578, eff. 6-1-08; 95-848, eff. 1-1-09; |
96-1342, eff. 1-1-11.)
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