Bill Text: IL HB6274 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the State Finance Act. Creates the Residential Substance Abuse Treatment Fund. Provides that moneys in the Fund shall be used by the Department of Corrections, subject to appropriation, for expenses incurred in administering, operating, and maintaining a residential substance abuse treatment facility at the Murphysboro Correctional Center. Amends the Illinois Vehicle Code. Provides that upon a conviction or plea of guilty for operating a motor vehicle while under the influence of alcohol, drugs, or an intoxicating compound, a defendant shall pay a fee of $100 to be deposited into the Residential Substance Abuse Treatment Fund. Makes a similar change to the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act. Amends the Cannabis Control Act. Provides that moneys received from forfeiture by the State's Attorney may, at the State's Attorney's discretion, also be deposited into the Residential Substance Abuse Treatment Fund (currently moneys can be used only to make discretionary grants to local substance abuse treatment facilities and half-way houses). Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB6274 Detail]
Download: Illinois-2013-HB6274-Introduced.html
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1 | AN ACT concerning finance.
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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 State Finance Act is amended by adding | ||||||||||||||||||||||||||||||||||
5 | Sections 5.855 and 6z-100 as follows:
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6 | (30 ILCS 105/5.855 new) | ||||||||||||||||||||||||||||||||||
7 | Sec. 5.855. The Residential Substance Abuse Treatment | ||||||||||||||||||||||||||||||||||
8 | Fund.
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9 | (30 ILCS 105/6z-100 new) | ||||||||||||||||||||||||||||||||||
10 | Sec. 6z-100. Residential Substance Abuse Treatment Fund. | ||||||||||||||||||||||||||||||||||
11 | All moneys received from fees imposed under subsection (k) of | ||||||||||||||||||||||||||||||||||
12 | Section 11-501.01 of the Illinois Vehicle Code, subsection (h) | ||||||||||||||||||||||||||||||||||
13 | of Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||||||||||||||||||||||||||||||
14 | and subsection (H) of Section 5-16 of the Boat Registration and | ||||||||||||||||||||||||||||||||||
15 | Safety Act, as well as any grants made under sub-paragraph (i) | ||||||||||||||||||||||||||||||||||
16 | of paragraph (2) of subsection (g) of Section 12 of the | ||||||||||||||||||||||||||||||||||
17 | Cannabis Control Act, shall be deposited into a special fund | ||||||||||||||||||||||||||||||||||
18 | known as the Residential Substance Abuse Treatment Fund, which | ||||||||||||||||||||||||||||||||||
19 | is hereby created in the State Treasury. Moneys in the Fund | ||||||||||||||||||||||||||||||||||
20 | shall be used by the Department of Corrections, subject to | ||||||||||||||||||||||||||||||||||
21 | appropriation, for expenses incurred in administering, | ||||||||||||||||||||||||||||||||||
22 | operating, and maintaining a residential substance abuse |
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1 | treatment facility at the Murphysboro Correctional Center.
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2 | Section 10. The Illinois Vehicle Code is amended by | ||||||
3 | changing Section 11-501.01 as follows:
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4 | (625 ILCS 5/11-501.01)
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5 | Sec. 11-501.01. Additional administrative sanctions. | ||||||
6 | (a) After a finding of guilt and prior to any final | ||||||
7 | sentencing or an order for supervision, for an offense based | ||||||
8 | upon an arrest for a violation of Section 11-501 or a similar | ||||||
9 | provision of a local ordinance, individuals shall be required | ||||||
10 | to undergo a professional evaluation to determine if an | ||||||
11 | alcohol, drug, or intoxicating compound abuse problem exists | ||||||
12 | and the extent of the problem, and undergo the imposition of | ||||||
13 | treatment as appropriate. Programs conducting these | ||||||
14 | evaluations shall be licensed by the Department of Human | ||||||
15 | Services. The cost of any professional evaluation shall be paid | ||||||
16 | for by the individual required to undergo the professional | ||||||
17 | evaluation. | ||||||
18 | (b) Any person who is found guilty of or pleads guilty to | ||||||
19 | violating Section 11-501, including any person receiving a | ||||||
20 | disposition of court supervision for violating that Section, | ||||||
21 | may be required by the Court to attend a victim impact panel | ||||||
22 | offered by, or under contract with, a county State's Attorney's | ||||||
23 | office, a probation and court services department, Mothers | ||||||
24 | Against Drunk Driving, or the Alliance Against Intoxicated |
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1 | Motorists. All costs generated by the victim impact panel shall | ||||||
2 | be paid from fees collected from the offender or as may be | ||||||
3 | determined by the court. | ||||||
4 | (c) Every person found guilty of violating Section 11-501, | ||||||
5 | whose operation of a motor vehicle while in violation of that | ||||||
6 | Section proximately caused any incident resulting in an | ||||||
7 | appropriate emergency response, shall be liable for the expense | ||||||
8 | of an emergency response as provided in subsection (i) of this | ||||||
9 | Section. | ||||||
10 | (d) The Secretary of State shall revoke the driving | ||||||
11 | privileges of any person convicted under Section 11-501 or a | ||||||
12 | similar provision of a local ordinance. | ||||||
13 | (e) The Secretary of State shall require the use of | ||||||
14 | ignition interlock devices on all vehicles owned by a person | ||||||
15 | who has been convicted of a second or subsequent offense of | ||||||
16 | Section 11-501 or a similar provision of a local ordinance. The | ||||||
17 | person must pay to the Secretary of State DUI Administration | ||||||
18 | Fund an amount not to exceed $30 for each month that he or she | ||||||
19 | uses the device. The Secretary shall establish by rule and | ||||||
20 | regulation the procedures for certification and use of the | ||||||
21 | interlock system, the amount of the fee, and the procedures, | ||||||
22 | terms, and conditions relating to these fees. | ||||||
23 | (f) In addition to any other penalties and liabilities, a | ||||||
24 | person who is found guilty of or pleads guilty to violating | ||||||
25 | Section 11-501, including any person placed on court | ||||||
26 | supervision for violating Section 11-501, shall be assessed |
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1 | $750, payable to the circuit clerk, who shall distribute the | ||||||
2 | money as follows: $350 to the law enforcement agency that made | ||||||
3 | the arrest, and $400 shall be forwarded to the State Treasurer | ||||||
4 | for deposit into the General Revenue Fund. If the person has | ||||||
5 | been previously convicted of violating Section 11-501 or a | ||||||
6 | similar provision of a local ordinance, the fine shall be | ||||||
7 | $1,000, and the circuit clerk shall distribute
$200 to the law | ||||||
8 | enforcement agency that
made the arrest and $800 to the State
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9 | Treasurer for deposit into the General Revenue Fund. In the | ||||||
10 | event that more than one agency is responsible for the arrest, | ||||||
11 | the amount payable to law enforcement agencies shall be shared | ||||||
12 | equally. Any moneys received by a law enforcement agency under | ||||||
13 | this subsection (f) shall be used for enforcement and | ||||||
14 | prevention of driving while under the influence of alcohol, | ||||||
15 | other drug or drugs, intoxicating compound or compounds or any | ||||||
16 | combination thereof, as defined by Section 11-501 of this Code, | ||||||
17 | including but not limited to the purchase of law enforcement | ||||||
18 | equipment and commodities that will assist in the prevention of | ||||||
19 | alcohol related criminal violence throughout the State; police | ||||||
20 | officer training and education in areas related to alcohol | ||||||
21 | related crime, including but not limited to DUI training; and | ||||||
22 | police officer salaries, including but not limited to salaries | ||||||
23 | for hire back funding for safety checkpoints, saturation | ||||||
24 | patrols, and liquor store sting operations. Any moneys received | ||||||
25 | by the Department of State Police under this subsection (f) | ||||||
26 | shall be deposited into the State Police DUI Fund and shall be |
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1 | used to purchase law enforcement equipment that will assist in | ||||||
2 | the prevention of alcohol related criminal violence throughout | ||||||
3 | the State. | ||||||
4 | (g) The Secretary of State Police DUI Fund is created as a | ||||||
5 | special fund in the State treasury. All moneys received by the | ||||||
6 | Secretary of State Police under subsection (f) of this Section | ||||||
7 | shall be deposited into the Secretary of State Police DUI Fund | ||||||
8 | and, subject to appropriation, shall be used for enforcement | ||||||
9 | and 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 purchase of law enforcement | ||||||
13 | equipment and commodities to 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 | (h) Whenever an individual is sentenced for an offense | ||||||
21 | based upon an arrest for a violation of Section 11-501 or a | ||||||
22 | similar provision of a local ordinance, and the professional | ||||||
23 | evaluation recommends remedial or rehabilitative treatment or | ||||||
24 | education, neither the treatment nor the education shall be the | ||||||
25 | sole disposition and either or both may be imposed only in | ||||||
26 | conjunction with another disposition. The court shall monitor |
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1 | compliance with any remedial education or treatment | ||||||
2 | recommendations contained in the professional evaluation. | ||||||
3 | Programs conducting alcohol or other drug evaluation or | ||||||
4 | remedial education must be licensed by the Department of Human | ||||||
5 | Services. If the individual is not a resident of Illinois, | ||||||
6 | however, the court may accept an alcohol or other drug | ||||||
7 | evaluation or remedial education program in the individual's | ||||||
8 | state of residence. Programs providing treatment must be | ||||||
9 | licensed under existing applicable alcoholism and drug | ||||||
10 | treatment licensure standards. | ||||||
11 | (i) In addition to any other fine or penalty required by | ||||||
12 | law, an individual convicted of a violation of Section 11-501, | ||||||
13 | Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||
14 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
15 | similar provision, whose operation of a motor vehicle, | ||||||
16 | snowmobile, or watercraft while in violation of Section 11-501, | ||||||
17 | Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||
18 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
19 | similar provision proximately caused an incident resulting in | ||||||
20 | an appropriate emergency response, shall be required to make | ||||||
21 | restitution to a public agency for the costs of that emergency | ||||||
22 | response. The restitution may not exceed $1,000 per public | ||||||
23 | agency for each emergency response. As used in this subsection | ||||||
24 | (i), "emergency response" means any incident requiring a | ||||||
25 | response by a police officer, a firefighter carried on the | ||||||
26 | rolls of a regularly constituted fire department, or an |
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1 | ambulance. With respect to funds designated for the Department | ||||||
2 | of State Police, the moneys shall be remitted by the circuit | ||||||
3 | court clerk to the State Police within one month after receipt | ||||||
4 | for deposit into the State Police DUI Fund. With respect to | ||||||
5 | funds designated for the Department of Natural Resources, the | ||||||
6 | Department of Natural Resources shall deposit the moneys into | ||||||
7 | the Conservation Police Operations Assistance Fund.
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8 | (j) A person that is subject to a chemical test or tests of | ||||||
9 | blood under subsection (a) of Section 11-501.1 or subdivision | ||||||
10 | (c)(2) of Section 11-501.2 of this Code, whether or not that | ||||||
11 | person consents to testing, shall be liable for the expense up | ||||||
12 | to $500 for blood withdrawal by a physician authorized to | ||||||
13 | practice medicine, a licensed physician assistant, a licensed | ||||||
14 | advanced practice nurse, a registered nurse, a trained | ||||||
15 | phlebotomist, a certified paramedic, or a qualified person | ||||||
16 | other than a police officer approved by the Department of State | ||||||
17 | Police to withdraw blood, who responds, whether at a law | ||||||
18 | enforcement facility or a health care facility, to a police | ||||||
19 | department request for the drawing of blood based upon refusal | ||||||
20 | of the person to submit to a lawfully requested breath test or | ||||||
21 | probable cause exists to believe the test would disclose the | ||||||
22 | ingestion, consumption, or use of drugs or intoxicating | ||||||
23 | compounds if: | ||||||
24 | (1) the person is found guilty of violating Section | ||||||
25 | 11-501 of this Code or a similar provision of a local | ||||||
26 | ordinance; or |
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1 | (2) the person pleads guilty to or stipulates to facts | ||||||
2 | supporting a violation of Section 11-503 of this Code or a | ||||||
3 | similar provision of a local ordinance when the plea or | ||||||
4 | stipulation was the result of a plea agreement in which the | ||||||
5 | person was originally charged with violating Section | ||||||
6 | 11-501 of this Code or a similar local ordinance. | ||||||
7 | (k) In addition to any other fine or penalty required by | ||||||
8 | law, an individual who is convicted of, or who pleads guilty | ||||||
9 | to, a violation of Section 11-501 of this Code or a similar | ||||||
10 | provision of a local ordinance shall pay to the circuit clerk a | ||||||
11 | fee of $100 to be deposited into the Residential Substance | ||||||
12 | Abuse Treatment Fund. | ||||||
13 | (Source: P.A. 97-931, eff. 1-1-13; 97-1050, eff. 1-1-13; | ||||||
14 | 98-292, eff. 1-1-14; 98-463, eff. 8-16-13.)
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15 | Section 15. The Snowmobile Registration and Safety Act is | ||||||
16 | amended by changing Section 5-7 as follows:
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17 | (625 ILCS 40/5-7)
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18 | Sec. 5-7. Operating a snowmobile while under the influence | ||||||
19 | of alcohol or
other drug or drugs, intoxicating compound or | ||||||
20 | compounds, or a combination of
them; criminal penalties; | ||||||
21 | suspension of operating privileges. | ||||||
22 | (a) A person may not operate or be in actual physical | ||||||
23 | control of a
snowmobile within this State
while:
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24 | 1. The alcohol concentration in that person's blood or |
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1 | breath is a
concentration at which driving a motor vehicle | ||||||
2 | is prohibited under
subdivision (1) of subsection (a) of
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3 | Section 11-501 of the Illinois Vehicle Code;
| ||||||
4 | 2. The person is under the influence of alcohol;
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5 | 3. The person is under the influence of any other drug | ||||||
6 | or combination of
drugs to a degree that renders that | ||||||
7 | person incapable of safely operating a
snowmobile;
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8 | 3.1. The person is under the influence of any | ||||||
9 | intoxicating compound or
combination of intoxicating | ||||||
10 | compounds to a degree that renders the person
incapable of | ||||||
11 | safely operating a snowmobile;
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12 | 4. The person is under the combined influence of | ||||||
13 | alcohol and any other
drug or drugs or intoxicating | ||||||
14 | compound or compounds to a degree that
renders that person | ||||||
15 | incapable of safely
operating a snowmobile; or
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16 | 5. There is any amount of a drug, substance, or | ||||||
17 | compound in that person's
breath, blood, or urine resulting | ||||||
18 | from the unlawful use or consumption
of cannabis
listed in | ||||||
19 | the Cannabis Control Act, controlled substance listed in | ||||||
20 | the
Illinois Controlled Substances Act, or intoxicating | ||||||
21 | compound listed in the
use
of Intoxicating Compounds Act.
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22 | (b) The fact that a person charged with violating this | ||||||
23 | Section is or has
been legally entitled to use alcohol, other | ||||||
24 | drug or drugs, any
intoxicating
compound or compounds, or any | ||||||
25 | combination of them does not constitute a
defense against a | ||||||
26 | charge of violating this Section.
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1 | (c) Every person convicted of violating this Section or a | ||||||
2 | similar
provision of a local ordinance is guilty of a
Class A | ||||||
3 | misdemeanor, except as otherwise provided in this Section.
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4 | (c-1) As used in this Section, "first time offender" means | ||||||
5 | any person who has not had a previous conviction or been | ||||||
6 | assigned supervision for violating this Section or a similar | ||||||
7 | provision of a local ordinance, or any person who has not had a | ||||||
8 | suspension imposed under subsection (e) of Section 5-7.1. | ||||||
9 | (c-2) For purposes of this Section, the following are | ||||||
10 | equivalent to a conviction: | ||||||
11 | (1) a forfeiture of bail or collateral deposited to | ||||||
12 | secure a defendant's appearance in court when forfeiture | ||||||
13 | has not been vacated; or | ||||||
14 | (2) the failure of a defendant to appear for trial.
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15 | (d) Every person convicted of violating this Section is | ||||||
16 | guilty of a
Class 4 felony if:
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17 | 1. The person has a previous conviction under this | ||||||
18 | Section;
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19 | 2. The offense results in personal injury where a | ||||||
20 | person other than the
operator suffers great bodily harm or | ||||||
21 | permanent disability or disfigurement,
when the violation | ||||||
22 | was a proximate cause of the injuries.
A person guilty of a | ||||||
23 | Class 4 felony under this paragraph 2, if sentenced to a
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24 | term of imprisonment, shall be sentenced to not less than | ||||||
25 | one year nor more
than
12 years; or
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26 | 3. The offense occurred during a period in which the |
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1 | person's privileges
to
operate a snowmobile are revoked or | ||||||
2 | suspended, and the revocation or
suspension was for a | ||||||
3 | violation of this Section or was imposed under Section
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4 | 5-7.1.
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5 | (e) Every person convicted of violating this Section is | ||||||
6 | guilty
of a
Class 2 felony if the offense results in the death | ||||||
7 | of a person.
A person guilty of a Class 2 felony under this | ||||||
8 | subsection (e), if sentenced
to
a term of imprisonment, shall | ||||||
9 | be sentenced to a term of not less than 3 years
and not more | ||||||
10 | than 14 years.
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11 | (e-1) Every person convicted of violating this Section or a | ||||||
12 | similar
provision of a local ordinance who had a child under | ||||||
13 | the age of 16 on board the
snowmobile at the time of offense | ||||||
14 | shall be subject to a mandatory minimum fine
of $500 and shall | ||||||
15 | be subject to a mandatory minimum of 5 days of community
| ||||||
16 | service in a program benefiting children. The assignment under | ||||||
17 | this subsection
shall not be subject to suspension nor shall | ||||||
18 | the person be eligible for
probation in order to reduce the | ||||||
19 | assignment.
| ||||||
20 | (e-2) Every person found guilty of violating this Section, | ||||||
21 | whose operation
of
a snowmobile while in violation of this | ||||||
22 | Section proximately caused any incident
resulting in an | ||||||
23 | appropriate emergency response, shall be liable for the expense
| ||||||
24 | of an emergency response as provided in subsection (i) of | ||||||
25 | Section 11-501.01 of the Illinois Vehicle Code.
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26 | (e-3) In addition to any other penalties and liabilities, a |
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1 | person who is
found guilty of violating this Section, including | ||||||
2 | any person placed on court
supervision, shall be fined $100, | ||||||
3 | payable to the circuit clerk, who shall
distribute the money to | ||||||
4 | the law enforcement agency that made the arrest. In the
event | ||||||
5 | that more than one agency is responsible for the arrest, the | ||||||
6 | $100
shall be shared equally. Any moneys received by a law | ||||||
7 | enforcement agency under
this subsection (e-3) shall be used to | ||||||
8 | purchase law enforcement equipment or to
provide law | ||||||
9 | enforcement training that will assist in the prevention of | ||||||
10 | alcohol
related criminal violence throughout the State. Law | ||||||
11 | enforcement equipment shall
include, but is not limited to, | ||||||
12 | in-car video cameras, radar and laser speed
detection devices, | ||||||
13 | and alcohol breath testers.
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14 | (f) In addition to any criminal penalties imposed, the
| ||||||
15 | Department of Natural Resources shall suspend the
snowmobile | ||||||
16 | operation privileges of
a person convicted or found guilty of a | ||||||
17 | misdemeanor under this
Section for a period of one
year, except | ||||||
18 | that first-time offenders are exempt from
this mandatory one | ||||||
19 | year suspension.
| ||||||
20 | (g) In addition to any criminal penalties imposed, the | ||||||
21 | Department of Natural
Resources shall suspend for a period of 5 | ||||||
22 | years the snowmobile operation
privileges of any person | ||||||
23 | convicted or found guilty of a felony under this
Section.
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24 | (h) In addition to any other fine or penalty required by | ||||||
25 | law, an individual who is convicted of, or who pleads guilty | ||||||
26 | to, a violation of this Section or a similar provision of a |
| |||||||
| |||||||
1 | local ordinance shall pay to the circuit clerk a fee of $100 to | ||||||
2 | be deposited into the Residential Substance Abuse Treatment | ||||||
3 | Fund. | ||||||
4 | (Source: P.A. 95-149, eff. 8-14-07; 96-1000, eff. 7-2-10.)
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5 | Section 20. The Boat Registration and Safety Act is amended | ||||||
6 | by changing Section 5-16 as follows:
| ||||||
7 | (625 ILCS 45/5-16)
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8 | Sec. 5-16. Operating a watercraft under the influence of | ||||||
9 | alcohol,
other drug or drugs, intoxicating compound or | ||||||
10 | compounds, or combination
thereof.
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11 | (A) 1. A person shall not operate or be in actual physical | ||||||
12 | control of
any
watercraft within this State while:
| ||||||
13 | (a) The alcohol concentration in such person's | ||||||
14 | blood or breath is a
concentration at which driving a | ||||||
15 | motor vehicle is prohibited under subdivision
(1) of | ||||||
16 | subsection (a) of
Section 11-501 of the Illinois | ||||||
17 | Vehicle Code;
| ||||||
18 | (b) Under the influence of alcohol;
| ||||||
19 | (c) Under the influence of any other drug or | ||||||
20 | combination of drugs to a
degree which renders such | ||||||
21 | person incapable of safely operating
any watercraft;
| ||||||
22 | (c-1) Under the influence of any intoxicating | ||||||
23 | compound or combination
of
intoxicating compounds to a | ||||||
24 | degree that renders the person incapable of safely
|
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1 | operating
any watercraft;
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2 | (d) Under the combined influence of alcohol and any | ||||||
3 | other drug or
drugs to a degree which renders such | ||||||
4 | person incapable of safely operating
a watercraft; or
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5 | (e) There is any amount of a drug, substance, or | ||||||
6 | compound in the
person's blood or urine resulting from | ||||||
7 | the unlawful use or consumption of
cannabis listed in | ||||||
8 | the Cannabis Control Act, a
controlled substance
| ||||||
9 | listed in the Illinois Controlled Substances Act, or an | ||||||
10 | intoxicating compound
listed in the Use of | ||||||
11 | Intoxicating Compounds Act.
| ||||||
12 | 2. The fact that any person charged with violating this | ||||||
13 | Section is or
has been legally entitled to use alcohol, | ||||||
14 | other drug or drugs, any
intoxicating compound or | ||||||
15 | compounds, or any combination of
them, shall not constitute | ||||||
16 | a defense against any charge of
violating this
Section.
| ||||||
17 | 3. Every person convicted of violating this Section | ||||||
18 | shall be guilty of a
Class A misdemeanor, except as | ||||||
19 | otherwise provided in this Section.
| ||||||
20 | 4. Every person convicted of violating this Section | ||||||
21 | shall be guilty of a
Class 4 felony if:
| ||||||
22 | (a) He has a previous conviction under this | ||||||
23 | Section;
| ||||||
24 | (b) The offense results in personal injury where a | ||||||
25 | person other than the
operator suffers great bodily | ||||||
26 | harm or permanent disability or disfigurement,
when |
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| |||||||
1 | the violation was a proximate cause of the injuries. A | ||||||
2 | person guilty of a
Class 4 felony under this | ||||||
3 | subparagraph (b), if sentenced
to a term of | ||||||
4 | imprisonment, shall be sentenced to a term of not less | ||||||
5 | than
one year nor more than 12 years; or
| ||||||
6 | (c) The offense occurred during a period in which | ||||||
7 | his or her
privileges
to
operate
a watercraft are | ||||||
8 | revoked or suspended, and the revocation or suspension | ||||||
9 | was for
a
violation of this Section or was imposed | ||||||
10 | under subsection (B).
| ||||||
11 | 5. Every person convicted of violating this Section | ||||||
12 | shall be
guilty of a Class 2 felony if the offense results | ||||||
13 | in the death of a
person.
A person guilty of a Class 2 | ||||||
14 | felony under this paragraph 5, if sentenced to a
term of | ||||||
15 | imprisonment, shall be sentenced to a term of not less than | ||||||
16 | 3 years
and not more than 14 years.
| ||||||
17 | 5.1. A person convicted of violating this Section or a | ||||||
18 | similar
provision
of a
local
ordinance who had a child | ||||||
19 | under the age of 16 aboard the watercraft at the
time of | ||||||
20 | offense is
subject to a mandatory minimum fine of $500 and | ||||||
21 | to a mandatory minimum of 5
days of
community service in a | ||||||
22 | program benefiting children. The assignment under this
| ||||||
23 | paragraph 5.1 is
not subject to suspension and the person | ||||||
24 | is not eligible for probation in order
to reduce the
| ||||||
25 | assignment.
| ||||||
26 | 5.2. A person found guilty of violating this Section, |
| |||||||
| |||||||
1 | if his or her
operation
of a watercraft
while in violation | ||||||
2 | of this Section proximately caused any incident resulting | ||||||
3 | in
an appropriate
emergency response, is liable for the | ||||||
4 | expense of an emergency response as
provided in subsection | ||||||
5 | (m) of Section 11-501 of the Illinois Vehicle Code.
| ||||||
6 | 5.3. In addition to any other penalties and | ||||||
7 | liabilities, a person who is
found
guilty of
violating this | ||||||
8 | Section, including any person placed on court supervision,
| ||||||
9 | shall be fined $100,
payable to the circuit clerk, who | ||||||
10 | shall distribute the money to the law
enforcement agency | ||||||
11 | that
made the arrest. In the event that more than one | ||||||
12 | agency is responsible for the
arrest, the $100
shall be | ||||||
13 | shared equally. Any moneys received by a law enforcement | ||||||
14 | agency under
this
paragraph 5.3 shall be used to purchase | ||||||
15 | law enforcement equipment or to provide
law
enforcement | ||||||
16 | training that will assist in the prevention of alcohol | ||||||
17 | related
criminal violence
throughout the State. Law | ||||||
18 | enforcement equipment shall include, but is not
limited to, | ||||||
19 | in-car
video cameras, radar and laser speed detection | ||||||
20 | devices, and alcohol breath
testers.
| ||||||
21 | 6. (a) In addition to any criminal penalties imposed, | ||||||
22 | the Department of
Natural Resources shall suspend the | ||||||
23 | watercraft operation privileges of any
person
| ||||||
24 | convicted or found guilty of a misdemeanor under this | ||||||
25 | Section, a similar provision of a local ordinance, or | ||||||
26 | Title 46 of the U.S. Code of Federal Regulations for a |
| |||||||
| |||||||
1 | period
of one year, except that a first time offender | ||||||
2 | is exempt from this mandatory
one year suspension.
| ||||||
3 | As used in this subdivision (A)6(a), "first time | ||||||
4 | offender" means any person who has not had a previous | ||||||
5 | conviction or been assigned supervision for violating | ||||||
6 | this Section, a similar provision of a local ordinance | ||||||
7 | or, Title 46 of the U.S. Code of Federal Regulations, | ||||||
8 | or any person who has not had a suspension imposed | ||||||
9 | under subdivision (B)3.1 of Section 5-16.
| ||||||
10 | (b) In addition to any criminal penalties imposed, | ||||||
11 | the Department of
Natural Resources shall suspend the | ||||||
12 | watercraft operation privileges of any
person
| ||||||
13 | convicted of a felony under this Section, a similar | ||||||
14 | provision of a local ordinance, or Title 46 of the U.S. | ||||||
15 | Code of Federal Regulations for a period of 3 years.
| ||||||
16 | (B) 1. Any person who operates or is in actual physical | ||||||
17 | control of any
watercraft upon the waters of this
State | ||||||
18 | shall be deemed to have given consent to a chemical test or | ||||||
19 | tests of
blood, breath or urine for the purpose of | ||||||
20 | determining the content of
alcohol, other
drug or drugs, | ||||||
21 | intoxicating compound or compounds, or combination thereof
| ||||||
22 | in the person's blood if arrested for
any offense of | ||||||
23 | subsection (A) above. The chemical test or tests shall be
| ||||||
24 | administered at
the direction of the arresting officer.
The | ||||||
25 | law enforcement agency employing the
officer shall | ||||||
26 | designate which of the tests shall be administered. A
urine |
| |||||||
| |||||||
1 | test may be
administered even after a blood or breath test | ||||||
2 | or both has been administered.
| ||||||
3 | 1.1. For the purposes of this Section, an Illinois Law | ||||||
4 | Enforcement
officer of
this
State who is investigating the | ||||||
5 | person for any offense defined in Section 5-16
may travel
| ||||||
6 | into an adjoining state, where the person has been | ||||||
7 | transported for medical care
to
complete an investigation, | ||||||
8 | and may request that the person submit to the test
or
tests | ||||||
9 | set
forth in this Section. The requirements of this Section | ||||||
10 | that the person be
arrested are
inapplicable, but the | ||||||
11 | officer shall issue the person a uniform citation for an
| ||||||
12 | offense as
defined in Section 5-16 or a similar provision | ||||||
13 | of a local ordinance prior to
requesting that
the person | ||||||
14 | submit to the test or tests. The issuance of the uniform | ||||||
15 | citation
shall not
constitute an arrest, but shall be for | ||||||
16 | the purpose of notifying the person that
he or she is
| ||||||
17 | subject to the provisions of this Section and of the | ||||||
18 | officer's belief in the
existence of
probable cause to | ||||||
19 | arrest. Upon returning to this State, the officer shall | ||||||
20 | file
the uniform
citation with the circuit clerk of the | ||||||
21 | county where the offense was committed
and shall
seek the | ||||||
22 | issuance of an arrest warrant or a summons for the person.
| ||||||
23 | 1.2. Notwithstanding any ability to refuse under this | ||||||
24 | Act to submit to
these
tests
or any ability to revoke the | ||||||
25 | implied consent to these tests, if a law
enforcement | ||||||
26 | officer
has probable cause to believe that a watercraft |
| |||||||
| |||||||
1 | operated by or under actual
physical
control of a person | ||||||
2 | under the influence of alcohol, other drug or drugs,
| ||||||
3 | intoxicating
compound or compounds, or any combination of | ||||||
4 | them has caused the death of or
personal
injury to another, | ||||||
5 | that person shall submit, upon the request of a law
| ||||||
6 | enforcement officer,
to a chemical test or tests of his or | ||||||
7 | her blood, breath, or urine for the
purpose of
determining | ||||||
8 | the alcohol content or the presence of any other drug, | ||||||
9 | intoxicating
compound, or
combination
of them. For the | ||||||
10 | purposes of this Section, a personal injury includes severe
| ||||||
11 | bleeding
wounds, distorted extremities, and injuries that | ||||||
12 | require the injured party to
be carried
from the scene for | ||||||
13 | immediate professional attention in either a doctor's | ||||||
14 | office
or a
medical facility.
| ||||||
15 | 2. Any person who is dead, unconscious or who is | ||||||
16 | otherwise in a condition
rendering such person incapable of | ||||||
17 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
18 | provided above, and the test may be administered.
| ||||||
19 | 3. A person requested to submit to a chemical test as | ||||||
20 | provided above
shall be
verbally advised by the law | ||||||
21 | enforcement officer requesting the test that a
refusal to | ||||||
22 | submit to the test will result in suspension of such | ||||||
23 | person's
privilege to operate a watercraft for a minimum of | ||||||
24 | 2 years. Following this
warning, if a person
under arrest | ||||||
25 | refuses upon the request of a law enforcement officer to
| ||||||
26 | submit to a test designated by the officer, no test
shall |
| |||||||
| |||||||
1 | be given, but the law enforcement officer shall file with | ||||||
2 | the clerk
of the circuit court for the county in which the | ||||||
3 | arrest was made, and with
the Department of Natural | ||||||
4 | Resources, a sworn
statement naming the person refusing to | ||||||
5 | take and complete the chemical test
or tests
requested | ||||||
6 | under the provisions of this Section. Such sworn statement | ||||||
7 | shall
identify the arrested person, such person's current | ||||||
8 | residence address and
shall specify that a refusal by such | ||||||
9 | person to take the chemical test or
tests was
made. Such | ||||||
10 | sworn statement shall include a statement that the | ||||||
11 | arresting
officer had reasonable cause to believe the | ||||||
12 | person was operating or was in
actual physical control of | ||||||
13 | the
watercraft within this State while under the influence | ||||||
14 | of alcohol, other
drug or drugs, intoxicating compound or | ||||||
15 | compounds, or combination thereof
and that such
chemical | ||||||
16 | test or tests were made as an
incident to and following the | ||||||
17 | lawful arrest for an offense as defined in
this Section or | ||||||
18 | a similar provision of a local ordinance, and that the
| ||||||
19 | person after being arrested for an offense arising out of | ||||||
20 | acts alleged to
have been committed while so operating a | ||||||
21 | watercraft refused to submit to
and complete a chemical | ||||||
22 | test or tests as requested by the law enforcement
officer.
| ||||||
23 | 3.1. The law enforcement officer submitting the sworn | ||||||
24 | statement as
provided in
paragraph 3 of this subsection (B) | ||||||
25 | shall serve immediate written notice upon
the
person | ||||||
26 | refusing the chemical test or tests that the person's |
| |||||||
| |||||||
1 | privilege to
operate a
watercraft within this State will be | ||||||
2 | suspended for a period of 2 years unless,
within 28 days | ||||||
3 | from the date of the notice, the person requests in writing | ||||||
4 | a
hearing
on the suspension.
| ||||||
5 | If the person desires a hearing, such person
shall file | ||||||
6 | a complaint in the circuit court for and in the county in | ||||||
7 | which
such person was arrested for such hearing. Such | ||||||
8 | hearing shall proceed in
the court in the same manner as | ||||||
9 | other civil proceedings, shall cover only
the issues of | ||||||
10 | whether the person was placed under arrest for an offense | ||||||
11 | as
defined in this Section or a similar provision of a | ||||||
12 | local ordinance as
evidenced by the issuance of a uniform | ||||||
13 | citation; whether the arresting
officer had reasonable | ||||||
14 | grounds to believe that such person was operating a
| ||||||
15 | watercraft while under the influence of alcohol, other drug | ||||||
16 | or drugs,
intoxicating compound or compounds, or | ||||||
17 | combination
thereof; and whether such person refused to | ||||||
18 | submit and complete the
chemical test or
tests upon the | ||||||
19 | request of the law enforcement officer. Whether the person
| ||||||
20 | was informed that such person's privilege to operate a | ||||||
21 | watercraft would be
suspended if such person refused to | ||||||
22 | submit to the chemical test or tests
shall not be an
issue.
| ||||||
23 | If the person fails to request in writing a hearing | ||||||
24 | within 28 days from
the date of notice, or if a hearing is | ||||||
25 | held and the court finds against the
person on the issues | ||||||
26 | before the court, the
clerk shall immediately notify the |
| |||||||
| |||||||
1 | Department of Natural Resources, and the Department shall | ||||||
2 | suspend the watercraft operation
privileges of the person | ||||||
3 | for at least 2 years.
| ||||||
4 | 3.2. If the person submits to a test that discloses an | ||||||
5 | alcohol
concentration
of 0.08
or more, or any amount of a | ||||||
6 | drug, substance or intoxicating compound in the
person's
| ||||||
7 | breath, blood, or urine resulting from the unlawful use of | ||||||
8 | cannabis listed in
the Cannabis
Control Act, a controlled | ||||||
9 | substance listed in the Illinois Controlled
Substances | ||||||
10 | Act, or an
intoxicating compound listed in the Use of | ||||||
11 | Intoxicating Compounds Act, the law
enforcement officer | ||||||
12 | shall immediately submit a sworn report to the circuit
| ||||||
13 | clerk of venue
and the Department of Natural Resources, | ||||||
14 | certifying that the test or tests were
requested
under | ||||||
15 | paragraph 1 of this subsection (B) and the person submitted | ||||||
16 | to testing
that
disclosed an alcohol concentration of 0.08 | ||||||
17 | or more.
| ||||||
18 | In cases where the blood alcohol concentration of 0.08 | ||||||
19 | or greater or any
amount of
drug, substance or compound | ||||||
20 | resulting from the unlawful use of cannabis, a
controlled
| ||||||
21 | substance or an intoxicating compound is established by a | ||||||
22 | subsequent analysis
of blood
or urine collected at the time | ||||||
23 | of arrest, the arresting officer or arresting
agency shall
| ||||||
24 | immediately submit a sworn report to the circuit clerk of | ||||||
25 | venue and the
Department of
Natural Resources upon receipt | ||||||
26 | of the test results.
|
| |||||||
| |||||||
1 | 4. A person must submit to each chemical test offered | ||||||
2 | by the law
enforcement
officer
in order to comply with the | ||||||
3 | implied consent provisions of this Section.
| ||||||
4 | 5. The provisions of Section 11-501.2 of the Illinois | ||||||
5 | Vehicle Code, as
amended, concerning the certification and | ||||||
6 | use of chemical tests apply to the
use of such tests under | ||||||
7 | this Section.
| ||||||
8 | (C) Upon the trial of any civil or criminal action or | ||||||
9 | proceeding arising out
of acts alleged to have been committed | ||||||
10 | by any person while operating a
watercraft while under the | ||||||
11 | influence of alcohol, the concentration of alcohol
in the | ||||||
12 | person's blood or breath at the time alleged as shown by | ||||||
13 | analysis of a
person's blood, urine, breath, or other bodily | ||||||
14 | substance shall give rise to the
presumptions specified in | ||||||
15 | subdivisions 1, 2, and 3 of
subsection (b) of Section 11-501.2 | ||||||
16 | of the Illinois Vehicle Code. The foregoing
provisions of this | ||||||
17 | subsection (C) shall not be
construed
as limiting the | ||||||
18 | introduction of any other relevant evidence bearing upon the
| ||||||
19 | question whether the person was under the influence of alcohol.
| ||||||
20 | (D) If a person under arrest refuses to submit to a | ||||||
21 | chemical test under
the provisions of this Section, evidence of | ||||||
22 | refusal shall be admissible in
any civil or criminal action or | ||||||
23 | proceeding arising out of acts alleged to
have been committed | ||||||
24 | while the person under the influence of alcohol,
other drug or | ||||||
25 | drugs, intoxicating compound or compounds, or combination
of | ||||||
26 | them was operating a watercraft.
|
| |||||||
| |||||||
1 | (E) The owner of any watercraft or any person given | ||||||
2 | supervisory
authority over a watercraft, may not knowingly | ||||||
3 | permit a watercraft to be
operated by any person under the | ||||||
4 | influence of alcohol, other drug or drugs,
intoxicating | ||||||
5 | compound or compounds, or
combination thereof.
| ||||||
6 | (F) Whenever any person is convicted or found guilty of a | ||||||
7 | violation of
this
Section, including any person placed on court | ||||||
8 | supervision, the court shall
notify the Office of Law | ||||||
9 | Enforcement of the
Department of Natural Resources, to provide | ||||||
10 | the Department with the records
essential for the performance | ||||||
11 | of the Department's duties to monitor and enforce
any order of | ||||||
12 | suspension or revocation concerning the privilege to operate a
| ||||||
13 | watercraft.
| ||||||
14 | (G) No person who has been arrested and charged for | ||||||
15 | violating paragraph 1 of
subsection (A) of this Section shall | ||||||
16 | operate any watercraft within this State
for a period of 24 | ||||||
17 | hours after such arrest.
| ||||||
18 | (H) In addition to any other fine or penalty required by | ||||||
19 | law, an individual who is convicted of, or who pleads guilty | ||||||
20 | to, a violation of this Section or a similar provision of a | ||||||
21 | local ordinance shall pay to the circuit clerk a fee of $100 to | ||||||
22 | be deposited into the Residential Substance Abuse Treatment | ||||||
23 | Fund. | ||||||
24 | (Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)
| ||||||
25 | Section 25. The Cannabis Control Act is amended by changing |
| |||||||
| |||||||
1 | Section 12 as follows:
| ||||||
2 | (720 ILCS 550/12) (from Ch. 56 1/2, par. 712)
| ||||||
3 | Sec. 12. (a) The following are subject to forfeiture:
| ||||||
4 | (1) all substances containing cannabis which have been | ||||||
5 | produced,
manufactured, delivered, or possessed in | ||||||
6 | violation of this Act;
| ||||||
7 | (2) all raw materials, products and equipment of any | ||||||
8 | kind which are
produced, delivered, or possessed in | ||||||
9 | connection with any substance
containing cannabis in | ||||||
10 | violation of this Act;
| ||||||
11 | (3) all conveyances, including aircraft, vehicles or | ||||||
12 | vessels, which
are used, or intended for use, to transport, | ||||||
13 | or in any manner to
facilitate the transportation, sale, | ||||||
14 | receipt, possession, or
concealment of property described | ||||||
15 | in paragraph (1) or (2) that constitutes
a felony violation | ||||||
16 | of the Act, but:
| ||||||
17 | (i) no conveyance used by any person as a common | ||||||
18 | carrier in the
transaction of business as a common | ||||||
19 | carrier is subject to forfeiture
under this Section | ||||||
20 | unless it appears that the owner or other person in
| ||||||
21 | charge of the conveyance is a consenting party or privy | ||||||
22 | to a violation
of this Act;
| ||||||
23 | (ii) no conveyance is subject to forfeiture under | ||||||
24 | this Section by
reason of any act or omission which the | ||||||
25 | owner proves to have been
committed or omitted without |
| |||||||
| |||||||
1 | his knowledge or consent;
| ||||||
2 | (iii) a forfeiture of a conveyance encumbered by a | ||||||
3 | bona fide
security interest is subject to the interest | ||||||
4 | of the secured party if he
neither had knowledge of nor | ||||||
5 | consented to the act or omission;
| ||||||
6 | (4) all money, things of value, books, records, and | ||||||
7 | research
products and materials including formulas, | ||||||
8 | microfilm, tapes, and data
which are used, or intended for | ||||||
9 | use in a felony violation of this Act;
| ||||||
10 | (5) everything of value furnished or intended to be | ||||||
11 | furnished by any
person in exchange for a substance in | ||||||
12 | violation of this Act, all proceeds
traceable to such an | ||||||
13 | exchange, and all moneys, negotiable instruments, and
| ||||||
14 | securities used, or intended to be used, to commit or in | ||||||
15 | any manner to
facilitate any felony violation of this Act;
| ||||||
16 | (6) all real property, including any right, title, and | ||||||
17 | interest including, but not limited to, any leasehold | ||||||
18 | interest or the beneficial interest to a land trust, in the | ||||||
19 | whole of any lot or tract of land and any appurtenances or | ||||||
20 | improvements, that is used or intended to be used to | ||||||
21 | facilitate the manufacture, distribution, sale, receipt, | ||||||
22 | or concealment of property described in paragraph (1) or | ||||||
23 | (2) of this subsection (a) that constitutes a felony | ||||||
24 | violation of more than 2,000 grams of a substance | ||||||
25 | containing cannabis or that is the proceeds of any felony | ||||||
26 | violation of this Act. |
| |||||||
| |||||||
1 | (b) Property subject to forfeiture under this Act may be | ||||||
2 | seized by
the Director or any peace officer upon process or | ||||||
3 | seizure warrant issued by
any court having jurisdiction over | ||||||
4 | the property. Seizure by the Director
or any peace officer | ||||||
5 | without process may be made:
| ||||||
6 | (1) if the property subject to seizure has been the | ||||||
7 | subject of a
prior judgment in favor of the State in a | ||||||
8 | criminal proceeding or
in an injunction or forfeiture | ||||||
9 | proceeding based upon this Act or the Drug
Asset Forfeiture | ||||||
10 | Procedure Act;
| ||||||
11 | (2) if there is probable cause to believe that the | ||||||
12 | property is
directly or indirectly dangerous to health or | ||||||
13 | safety;
| ||||||
14 | (3) if there is probable cause to believe that the | ||||||
15 | property is subject
to forfeiture under this Act and the | ||||||
16 | property is seized under
circumstances in which a | ||||||
17 | warrantless seizure or arrest would be reasonable; or
| ||||||
18 | (4) in accordance with the Code of Criminal Procedure | ||||||
19 | of 1963.
| ||||||
20 | (c) In the event of seizure pursuant to subsection (b), | ||||||
21 | notice shall be given forthwith to all known interest holders | ||||||
22 | that forfeiture
proceedings, including a preliminary review, | ||||||
23 | shall be instituted in accordance with the
Drug Asset | ||||||
24 | Forfeiture Procedure Act and such proceedings shall thereafter | ||||||
25 | be instituted in accordance with that Act. Upon a showing of | ||||||
26 | good cause, the notice required for a preliminary review under |
| |||||||
| |||||||
1 | this Section may be postponed.
| ||||||
2 | (c-1) In the event the State's Attorney is of the opinion | ||||||
3 | that real property is subject to forfeiture under this Act, | ||||||
4 | forfeiture proceedings shall be instituted in accordance with | ||||||
5 | the Drug Asset Forfeiture Procedure Act. The exemptions from | ||||||
6 | forfeiture provisions of Section 8 of the Drug Asset Forfeiture | ||||||
7 | Procedure Act are applicable. | ||||||
8 | (d) Property taken or detained under this Section shall not | ||||||
9 | be
subject to replevin, but is deemed to be in the custody of | ||||||
10 | the Director
subject only to the order and judgments of the | ||||||
11 | circuit court having
jurisdiction over the forfeiture | ||||||
12 | proceedings and the decisions of the
State's Attorney under the | ||||||
13 | Drug Asset Forfeiture Procedure Act. When
property is seized | ||||||
14 | under this Act, the seizing agency shall promptly
conduct an | ||||||
15 | inventory of the seized property, estimate the property's | ||||||
16 | value,
and shall forward a copy of the inventory of seized | ||||||
17 | property and the
estimate of the property's value to the | ||||||
18 | Director. Upon receiving notice of
seizure, the Director may:
| ||||||
19 | (1) place the property under seal;
| ||||||
20 | (2) remove the property to a place designated by him;
| ||||||
21 | (3) keep the property in the possession of the seizing | ||||||
22 | agency;
| ||||||
23 | (4) remove the property to a storage area for | ||||||
24 | safekeeping or, if the
property is a negotiable instrument | ||||||
25 | or money and is not needed for
evidentiary purposes, | ||||||
26 | deposit it in an interest bearing account;
|
| |||||||
| |||||||
1 | (5) place the property under constructive seizure by | ||||||
2 | posting notice of
pending forfeiture on it, by giving | ||||||
3 | notice of pending forfeiture to its
owners and interest | ||||||
4 | holders, or by filing notice of pending forfeiture in
any | ||||||
5 | appropriate public record relating to the property; or
| ||||||
6 | (6) provide for another agency or custodian, including | ||||||
7 | an owner, secured
party, or lienholder, to take custody of | ||||||
8 | the property upon the terms and
conditions set by the | ||||||
9 | Director.
| ||||||
10 | (e) No disposition may be made of property under seal until | ||||||
11 | the time
for taking an appeal has elapsed or until all appeals | ||||||
12 | have been
concluded unless a court, upon application therefor, | ||||||
13 | orders the sale of
perishable substances and the deposit of the | ||||||
14 | proceeds of the sale with
the court.
| ||||||
15 | (f) When property is forfeited under this Act the Director | ||||||
16 | shall
sell all such property unless such property is required | ||||||
17 | by law to be
destroyed or is harmful to the public, and shall | ||||||
18 | distribute the proceeds of
the sale, together with any moneys | ||||||
19 | forfeited or seized, in accordance
with subsection (g). | ||||||
20 | However, upon the application of the seizing agency or
| ||||||
21 | prosecutor who was responsible for the investigation, arrest or | ||||||
22 | arrests and
prosecution which lead to the forfeiture, the | ||||||
23 | Director may return any item
of forfeited property to the | ||||||
24 | seizing agency or prosecutor for official use
in the | ||||||
25 | enforcement of laws relating to cannabis or controlled | ||||||
26 | substances,
if the agency or prosecutor can demonstrate that |
| |||||||
| |||||||
1 | the item requested would
be useful to the agency or prosecutor | ||||||
2 | in their enforcement efforts. When any forfeited conveyance, | ||||||
3 | including an aircraft, vehicle, or vessel, is returned to the | ||||||
4 | seizing agency or prosecutor, the conveyance may be used | ||||||
5 | immediately in the enforcement of the criminal laws of this | ||||||
6 | State. Upon disposal, all proceeds from the sale of the | ||||||
7 | conveyance must be used for drug enforcement purposes. When
any | ||||||
8 | real property returned to the seizing agency is sold by the | ||||||
9 | agency or
its unit of government, the proceeds of the sale | ||||||
10 | shall be delivered to the
Director and distributed in | ||||||
11 | accordance with subsection (g).
| ||||||
12 | (g) All monies and the sale proceeds of all other property | ||||||
13 | forfeited and
seized under this Act shall be distributed as | ||||||
14 | follows:
| ||||||
15 | (1)(i) 65% shall be distributed to the metropolitan | ||||||
16 | enforcement group,
local, municipal, county, or state law | ||||||
17 | enforcement agency or agencies which
conducted or | ||||||
18 | participated in the investigation resulting in the | ||||||
19 | forfeiture.
The distribution shall bear a reasonable | ||||||
20 | relationship to the degree of
direct participation of the | ||||||
21 | law enforcement agency in the effort resulting
in the | ||||||
22 | forfeiture, taking into account the total value of the | ||||||
23 | property
forfeited and the total law enforcement effort | ||||||
24 | with respect to the
violation of the law upon which the | ||||||
25 | forfeiture is based.
Amounts distributed to the agency or | ||||||
26 | agencies shall be used for the
enforcement of laws |
| |||||||
| |||||||
1 | governing cannabis and controlled substances or for | ||||||
2 | security cameras used for the prevention or detection of | ||||||
3 | violence, except
that amounts distributed to the Secretary | ||||||
4 | of State shall be deposited into
the Secretary of State | ||||||
5 | Evidence Fund to be used as provided in Section
2-115 of | ||||||
6 | the Illinois Vehicle Code.
| ||||||
7 | (ii) Any local, municipal, or county law enforcement | ||||||
8 | agency entitled to receive a monetary distribution of | ||||||
9 | forfeiture proceeds may share those forfeiture proceeds | ||||||
10 | pursuant to the terms of an intergovernmental agreement | ||||||
11 | with a municipality that has a population in excess of | ||||||
12 | 20,000 if: | ||||||
13 | (I) the receiving agency has entered into an | ||||||
14 | intergovernmental agreement with the municipality to | ||||||
15 | provide police services; | ||||||
16 | (II) the intergovernmental agreement for police | ||||||
17 | services provides for consideration in an amount of not | ||||||
18 | less than $1,000,000 per year; | ||||||
19 | (III) the seizure took place within the | ||||||
20 | geographical limits of the municipality; and | ||||||
21 | (IV) the funds are used only for the enforcement
of | ||||||
22 | laws governing cannabis and controlled substances or
| ||||||
23 | for security cameras used for the prevention or | ||||||
24 | detection
of violence or the establishment of a | ||||||
25 | municipal police
force, including the training of | ||||||
26 | officers, construction of
a police station, the |
| |||||||
| |||||||
1 | purchase of law enforcement
equipment, or vehicles.
| ||||||
2 | (2)(i) 12.5% shall be distributed to the Office of the | ||||||
3 | State's
Attorney of the county in which the prosecution | ||||||
4 | resulting in the forfeiture
was instituted, deposited in a | ||||||
5 | special fund in the county treasury and
appropriated to the | ||||||
6 | State's Attorney for use in the enforcement of laws
| ||||||
7 | governing cannabis and controlled substances, or at the | ||||||
8 | discretion of the State's Attorney, in addition to other | ||||||
9 | authorized purposes, to make grants to local substance | ||||||
10 | abuse treatment facilities and half-way houses , or to | ||||||
11 | deposit moneys into the Residential Substance Abuse | ||||||
12 | Treatment Fund . In counties over 3,000,000
population, 25% | ||||||
13 | will be distributed to the Office of the State's Attorney | ||||||
14 | for use in the
enforcement of laws governing cannabis and | ||||||
15 | controlled substances, or at the discretion of the State's | ||||||
16 | Attorney, in addition to other authorized purposes, to make | ||||||
17 | grants to local substance abuse treatment facilities and | ||||||
18 | half-way houses , or to deposit moneys into the Residential | ||||||
19 | Substance Abuse Treatment Fund . If the
prosecution is | ||||||
20 | undertaken solely by the Attorney General, the portion
| ||||||
21 | provided hereunder shall be distributed to the Attorney | ||||||
22 | General for use in
the enforcement of laws governing | ||||||
23 | cannabis and controlled substances.
| ||||||
24 | (ii) 12.5% shall be distributed to the Office of the | ||||||
25 | State's Attorneys
Appellate Prosecutor and deposited in | ||||||
26 | the Narcotics Profit Forfeiture Fund
of that Office to be |
| |||||||
| |||||||
1 | used for additional expenses incurred in the
| ||||||
2 | investigation, prosecution and appeal of cases arising | ||||||
3 | under laws governing
cannabis and controlled substances. | ||||||
4 | The Office of the State's Attorneys
Appellate Prosecutor | ||||||
5 | shall not receive distribution from cases brought in
| ||||||
6 | counties with over 3,000,000 population.
| ||||||
7 | (3) 10% shall be retained by the Department of State | ||||||
8 | Police for expenses
related to the administration and sale | ||||||
9 | of seized and forfeited property.
| ||||||
10 | (Source: P.A. 97-253, eff. 1-1-12; 97-544, eff. 1-1-12; 97-813, | ||||||
11 | eff. 7-13-12; 97-985, eff. 1-1-13.)
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
|