Bill Text: IL SB1849 | 2013-2014 | 98th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Makes persons subject to blood tests for refusal to submit to a breath test or suspicion of the ingestion, consumption, or use of drugs liable for the cost of employing a medical professional to perform the test up to a maximum of $500 if the person is (1) found guilty of violating Section 11-501 of the Illinois Vehicle Code or a similar local ordinance, or (2) pleads guilty to or stipulates to facts supporting a violation of Section 11-503 of the Illinois Vehicle Code or a similar local ordinance when the person was originally charged with violating Section 11-501 of the Illinois Vehicle Code or a similar local ordinance. Allows reimbursement even if the person does not consent to the blood draw.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0292 [SB1849 Detail]
Download: Illinois-2013-SB1849-Introduced.html
Bill Title: Amends the Illinois Vehicle Code. Makes persons subject to blood tests for refusal to submit to a breath test or suspicion of the ingestion, consumption, or use of drugs liable for the cost of employing a medical professional to perform the test up to a maximum of $500 if the person is (1) found guilty of violating Section 11-501 of the Illinois Vehicle Code or a similar local ordinance, or (2) pleads guilty to or stipulates to facts supporting a violation of Section 11-503 of the Illinois Vehicle Code or a similar local ordinance when the person was originally charged with violating Section 11-501 of the Illinois Vehicle Code or a similar local ordinance. Allows reimbursement even if the person does not consent to the blood draw.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0292 [SB1849 Detail]
Download: Illinois-2013-SB1849-Introduced.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. Any moneys received | ||||||
2 | by the Department of State Police under this subsection (f) | ||||||
3 | shall be deposited into the State Police DUI Fund and shall be | ||||||
4 | used to purchase law enforcement equipment that will assist in | ||||||
5 | the prevention of alcohol related criminal violence throughout | ||||||
6 | the State. | ||||||
7 | (g) The Secretary of State Police DUI Fund is created as a | ||||||
8 | special fund in the State treasury. All moneys received by the | ||||||
9 | Secretary of State Police under subsection (f) of this Section | ||||||
10 | shall be deposited into the Secretary of State Police DUI Fund | ||||||
11 | and, subject to appropriation, shall be used for enforcement | ||||||
12 | and prevention of driving while under the influence of alcohol, | ||||||
13 | other drug or drugs, intoxicating compound or compounds or any | ||||||
14 | combination thereof, as defined by Section 11-501 of this Code, | ||||||
15 | including but not limited to the purchase of law enforcement | ||||||
16 | equipment and commodities to assist in the prevention of | ||||||
17 | alcohol related criminal violence throughout the State; police | ||||||
18 | officer training and education in areas related to alcohol | ||||||
19 | related crime, including but not limited to DUI training; and | ||||||
20 | police officer salaries, including but not limited to salaries | ||||||
21 | for hire back funding for safety checkpoints, saturation | ||||||
22 | patrols, and liquor store sting operations. | ||||||
23 | (h) Whenever an individual is sentenced for an offense | ||||||
24 | based upon an arrest for a violation of Section 11-501 or a | ||||||
25 | similar provision of a local ordinance, and the professional | ||||||
26 | evaluation recommends remedial or rehabilitative treatment or |
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1 | education, neither the treatment nor the education shall be the | ||||||
2 | sole disposition and either or both may be imposed only in | ||||||
3 | conjunction with another disposition. The court shall monitor | ||||||
4 | compliance with any remedial education or treatment | ||||||
5 | recommendations contained in the professional evaluation. | ||||||
6 | Programs conducting alcohol or other drug evaluation or | ||||||
7 | remedial education must be licensed by the Department of Human | ||||||
8 | Services. If the individual is not a resident of Illinois, | ||||||
9 | however, the court may accept an alcohol or other drug | ||||||
10 | evaluation or remedial education program in the individual's | ||||||
11 | state of residence. Programs providing treatment must be | ||||||
12 | licensed under existing applicable alcoholism and drug | ||||||
13 | treatment licensure standards. | ||||||
14 | (i) In addition to any other fine or penalty required by | ||||||
15 | law, an individual convicted of a violation of Section 11-501, | ||||||
16 | Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||
17 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
18 | similar provision, whose operation of a motor vehicle, | ||||||
19 | snowmobile, or watercraft while in violation of Section 11-501, | ||||||
20 | Section 5-7 of the Snowmobile Registration and Safety Act, | ||||||
21 | Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
22 | similar provision proximately caused an incident resulting in | ||||||
23 | an appropriate emergency response, shall be required to make | ||||||
24 | restitution to a public agency for the costs of that emergency | ||||||
25 | response. The restitution may not exceed $1,000 per public | ||||||
26 | agency for each emergency response. As used in this subsection |
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1 | (i), "emergency response" means any incident requiring a | ||||||
2 | response by a police officer, a firefighter carried on the | ||||||
3 | rolls of a regularly constituted fire department, or an | ||||||
4 | ambulance. With respect to funds designated for the Department | ||||||
5 | of State Police, the moneys shall be remitted by the circuit | ||||||
6 | court clerk to the State Police within one month after receipt | ||||||
7 | for deposit into the State Police DUI Fund. With respect to | ||||||
8 | funds designated for the Department of Natural Resources, the | ||||||
9 | Department of Natural Resources shall deposit the moneys into | ||||||
10 | the Conservation Police Operations Assistance Fund.
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11 | (j) A person that is subject to a chemical test or tests of | ||||||
12 | blood under subsection (a) of Section 11-501.1, whether or not | ||||||
13 | that person consents to testing, shall be liable for the | ||||||
14 | expense up to $500 for blood withdrawal by a physician | ||||||
15 | authorized to practice medicine, a licensed physician | ||||||
16 | assistant, a licensed advanced practice nurse, a registered | ||||||
17 | nurse, a trained phlebotomist, a certified paramedic, or a | ||||||
18 | qualified person other than a police officer approved by the | ||||||
19 | Department of State Police to withdraw blood, who responds to a | ||||||
20 | police department request for the drawing of blood based upon | ||||||
21 | refusal of the person to submit to a lawfully requested breath | ||||||
22 | test or probable cause exists to believe the test would | ||||||
23 | disclose the ingestion, consumption, or use of drugs or | ||||||
24 | intoxicating compounds if: | ||||||
25 | (1) the person is found guilty of violating Section | ||||||
26 | 11-501 of this Code or a similar provision of a local |
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1 | ordinance; or | ||||||
2 | (2) the person pleads guilty to or stipulates to facts | ||||||
3 | supporting a violation of Section 11-503 of this Code or a | ||||||
4 | similar provision of a local ordinance when the plea or | ||||||
5 | stipulation was the result of a plea agreement in which the | ||||||
6 | person was originally charged with violating Section | ||||||
7 | 11-501 of this Code or a similar local ordinance. | ||||||
8 | | ||||||
9 | (Source: P.A. 96-1342, eff. 1-1-11; 97-931, eff. 1-1-13; | ||||||
10 | 97-1050, eff. 1-1-13; revised 8-23-12.)
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