Public Act 097-0931
 
HB4577 EnrolledLRB097 15094 HEP 60190 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Sections 11-501.01 and 16-104a as follows:
 
    (625 ILCS 5/11-501.01)

    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 
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 
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

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 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 to purchase law 
enforcement equipment to assist in the prevention of alcohol 
related criminal violence throughout the State.
    (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 
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. With respect to funds designated for the Department 
of State Police, the moneys shall be remitted by the circuit 
court clerk to the State Police within one month after receipt 
for deposit into the State Police DUI Fund.  With respect to 
funds designated for the Department of Natural Resources, the 
Department of Natural Resources shall deposit the moneys into 
the Conservation Police Operations Assistance Fund. 

(Source: P.A. 95-578, eff. 6-1-08; 95-848, eff. 1-1-09; 
96-1342, eff. 1-1-11.)
 



    (625 ILCS 5/16-104a)  (from Ch. 95 1/2, par. 16-104a)



    Sec. 16-104a. Additional penalty for certain violations. 
    (a) There is added
to every fine imposed upon conviction of 
an offense reportable to the
Secretary of State under the 
provisions of subdivision (a)(2) of
Section 6-204 of this Act 
an additional penalty of $4 for each $40, or fraction
thereof, 
of fine imposed.  Each such additional penalty received shall be

remitted within one month to the State Treasurer to be 
deposited into the
Drivers Education Fund, unless the 
additional penalty is subject to
disbursement by the circuit 
clerk under Section 27.5 of the Clerks of
Courts Act.  Such 
additional amounts shall be assessed by the
court and shall be 
collected by the Clerk of the Circuit Court in addition
to the 
fine and costs in the case.  Such additional penalty shall not 
be
considered a part of the fine for purposes of any reduction 
made in the
fine for time served either before or after 
sentencing.  Not later than
March 1 of each year the Clerk of 
the Circuit Court shall submit to the
State Comptroller a 
report of the amount of funds remitted by him to the
State 
Treasurer under this Section during the preceding calendar 
year.
Except as otherwise provided by Supreme Court Rules, if a 
court in
sentencing an offender levies a gross amount for fine, 
costs, fees and
penalties, the amount of the additional penalty 
provided for herein shall
be computed on the amount remaining 
after deducting from the gross amount
levied all fees of the 
Circuit Clerk, the State's Attorney and the Sheriff.
 After 
deducting from the gross amount levied the fees and additional

penalty provided for herein, less any other additional 
penalties provided
by law, the clerk shall remit the net 
balance remaining to the entity
authorized by law to receive 
the fine imposed in the case.  For purposes of
this Section 
"fees of the Circuit Clerk" shall include, if applicable, the

fee provided for under Section 27.3a of the Clerks of Courts 
Act  and the
fee, if applicable, payable to the county in which 
the violation occurred
pursuant to Section 5-1101 of the 
Counties Code.

    When bail is forfeited for failure to appear in connection

with an offense reportable to the Secretary of State under 
subdivision (a)(2) of Section 6-204 of this Act, and no fine is 
imposed ex parte, $4
of
every $40 cash deposit, or fraction 
thereof, given to secure appearance
shall be remitted within 
one month to the State Treasurer
to be deposited into the 
Drivers Education Fund, unless the bail is
subject to 
disbursement by the circuit clerk under Section 27.5 of the

Clerks of Courts Act.

    (b) In addition to any other fine or penalty required by 
law for a person convicted of a violation of Section 11-503 or 
11-601.5 of this Code or a similar provision of a local 
ordinance,  the court may, in its discretion, require the person 
to pay an additional criminal penalty that shall be distributed 
in its entirety to a public agency that provided an emergency 
response related to the person's violation. The criminal 
penalty may not exceed $100 per public agency for each 
emergency response provided for a first violation of Section 
11-503 or
11-601.5 of this Code or a similar provision of a 
local
ordinance.  The criminal penalty may not exceed $500 per 
public agency for each emergency response provided for a second 
or subsequent violation of Section 11-503 or
11-601.5 of this 
Code or a similar provision of a local
ordinance. As used in 
this subsection, "emergency response" means any incident 
requiring a response by a police officer, an ambulance, a 
firefighter carried on the rolls of a regularly constituted 
fire department or fire protection district, a firefighter of a 
volunteer fire department, or a member if a recognized 
not-for-profit rescue or emergency medical service provider. 
With respect to funds designated for the Department of State 
Police, the moneys shall be remitted by the circuit court clerk 
to the State Police within one month after receipt for deposit 
into the State Police Operations Assistance Fund.  With respect 
to funds designated for the Department of Natural Resources, 
the Department of Natural Resources shall deposit the moneys 
into the Conservation Police Operations Assistance Fund. 
(Source: P.A. 96-1173, eff. 7-22-10.)