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Public Act 099-0296
Public Act 0296 99TH GENERAL ASSEMBLY
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Public Act 099-0296
| | HB3533 Enrolled | LRB099 09065 RJF 29254 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 6-205, 6-208, and 11-501.01 as follows:
| (625 ILCS 5/6-205)
| Sec. 6-205. Mandatory revocation of license or permit; | Hardship cases.
| (a) Except as provided in this Section, the Secretary of | State shall
immediately revoke the license, permit, or driving | privileges of
any driver upon receiving a
report of the | driver's conviction of any of the following offenses:
| 1. Reckless homicide resulting from the operation of a | motor vehicle;
| 2. Violation of Section 11-501 of this Code or a | similar provision of
a local ordinance relating to the | offense of operating or being in physical
control of a | vehicle while under the influence of alcohol, other drug or
| drugs, intoxicating compound or compounds, or any | combination thereof;
| 3. Any felony under the laws of any State or the | federal government
in the commission of which a motor | vehicle was used;
|
| 4. Violation of Section 11-401 of this Code relating to | the offense of
leaving the scene of a traffic accident | involving death or personal injury;
| 5. Perjury or the making of a false affidavit or | statement under
oath to the Secretary of State under this | Code or under any
other law relating to the ownership or | operation of motor vehicles;
| 6. Conviction upon 3 charges of violation of Section | 11-503 of this
Code relating to the offense of reckless | driving committed within a
period of 12 months;
| 7. Conviction of any offense
defined in
Section 4-102 | of this Code;
| 8. Violation of Section 11-504 of this Code relating to | the offense
of drag racing;
| 9. Violation of Chapters 8 and 9 of this Code;
| 10. Violation of Section 12-5 of the Criminal Code of | 1961 or the Criminal Code of 2012 arising from
the use of a | motor vehicle;
| 11. Violation of Section 11-204.1 of this Code relating | to aggravated
fleeing or attempting to elude a peace | officer;
| 12. Violation of paragraph (1) of subsection (b) of | Section 6-507,
or a similar law of any other state, | relating to the
unlawful operation of a commercial motor | vehicle;
| 13. Violation of paragraph (a) of Section 11-502 of |
| this Code or a
similar provision of a local ordinance if | the driver has been previously
convicted of a violation of | that Section or a similar provision of a local
ordinance | and the driver was less than 21 years of age at the time of | the
offense;
| 14. Violation of paragraph (a) of Section 11-506 of | this Code or a similar provision of a local ordinance | relating to the offense of street racing;
| 15. A second or subsequent conviction of driving while | the person's driver's license, permit or privileges was | revoked for reckless homicide or a similar out-of-state | offense; | 16. Any offense against any provision in this Code, or | any local ordinance, regulating the
movement of traffic | when that offense was the proximate cause of the death of | any person. Any person whose driving privileges have been | revoked pursuant to this paragraph may seek to have the | revocation terminated or to have the length of revocation | reduced by requesting an administrative hearing with the | Secretary of State prior to the projected driver's license | application eligibility date; | 17. Violation of subsection (a-2) of Section 11-1301.3 | of this Code or a similar provision of a local ordinance; | 18. A second or subsequent conviction of illegal | possession, while operating or in actual physical control, | as a driver, of a motor vehicle, of any controlled |
| substance prohibited under the Illinois Controlled | Substances Act, any cannabis prohibited under the Cannabis | Control Act, or any methamphetamine prohibited under the | Methamphetamine Control and Community Protection Act. A | defendant found guilty of this offense while operating a | motor vehicle
shall have an entry made in the court record | by the presiding judge that
this offense did occur while | the defendant was operating a motor vehicle
and order the | clerk of the court to report the violation to the Secretary
| of State. | (b) The Secretary of State shall also immediately revoke | the license
or permit of any driver in the following | situations:
| 1. Of any minor upon receiving the notice provided for | in Section
5-901 of the Juvenile Court Act of 1987 that the | minor has been
adjudicated under that Act as having | committed an offense relating to
motor vehicles prescribed | in Section 4-103 of this Code;
| 2. Of any person when any other law of this State | requires either the
revocation or suspension of a license | or permit;
| 3. Of any person adjudicated under the Juvenile Court | Act of 1987 based on an offense determined to have been | committed in furtherance of the criminal activities of an | organized gang as provided in Section 5-710 of that Act, | and that involved the operation or use of a motor vehicle |
| or the use of a driver's license or permit. The revocation | shall remain in effect for the period determined by the | court. Upon the direction of the court, the Secretary shall | issue the person a judicial driving permit, also known as a | JDP. The JDP shall be subject to the same terms as a JDP | issued under Section 6-206.1, except that the court may | direct that a JDP issued under this subdivision (b)(3) be | effective immediately.
| (c)(1) Whenever a person is convicted of any of the | offenses enumerated in
this Section, the court may recommend | and the Secretary of State in his
discretion, without regard to | whether the recommendation is made by the
court may, upon | application,
issue to the person a
restricted driving permit | granting the privilege of driving a motor
vehicle between the | petitioner's residence and petitioner's place
of employment or | within the scope of the petitioner's employment related
duties, | or to allow the petitioner to transport himself or herself or a | family member
of the petitioner's household to a medical | facility for the receipt of necessary medical care or to allow | the
petitioner to transport himself or herself to and from | alcohol or drug remedial or rehabilitative activity | recommended by a licensed service provider, or to allow the
| petitioner to transport himself or herself or a family member | of the petitioner's household to classes, as a student, at an | accredited educational
institution, or to allow the petitioner | to transport children, elderly persons, or disabled persons who |
| do not hold driving privileges and are living in the | petitioner's household to and from daycare; if the petitioner | is able to demonstrate that no alternative means
of | transportation is reasonably available and that the petitioner | will not endanger
the public safety or welfare; provided that | the Secretary's discretion shall be
limited to cases where | undue hardship, as defined by the rules of the Secretary of | State, would result from a failure to issue the
restricted | driving permit. Those multiple offenders identified in | subdivision (b)4 of Section 6-208 of this Code, however, shall | not be eligible for the issuance of a restricted driving | permit.
| (2) If a person's license or permit is revoked or | suspended due to 2 or
more convictions of violating Section | 11-501 of this Code or a similar
provision of a local | ordinance or a similar out-of-state offense, or Section 9-3 | of the Criminal Code of 1961 or the Criminal Code of 2012, | where the use of alcohol or other drugs is recited as an | element of the offense, or a similar out-of-state offense, | or a combination of these offenses, arising out
of separate | occurrences, that person, if issued a restricted driving | permit,
may not operate a vehicle unless it has been | equipped with an ignition
interlock device as defined in | Section 1-129.1.
| (3) If:
| (A) a person's license or permit is revoked or |
| suspended 2 or more
times within a 10 year period due | to any combination of: | (i)
a single conviction of violating Section
| 11-501 of this Code or a similar provision of a | local ordinance or a similar
out-of-state offense, | or Section 9-3 of the Criminal Code of 1961 or the | Criminal Code of 2012, where the use of alcohol or | other drugs is recited as an element of the | offense, or a similar out-of-state offense; or | (ii)
a statutory summary suspension or | revocation under Section
11-501.1; or | (iii)
a suspension pursuant to Section | 6-203.1;
| arising out of
separate occurrences; or | (B)
a person has been convicted of one violation of | Section 6-303 of this Code committed while his or her | driver's license, permit, or privilege was revoked | because of a violation of Section 9-3 of the Criminal | Code of 1961 or the Criminal Code of 2012, relating to | the offense of reckless homicide where the use of | alcohol or other drugs was recited as an element of the | offense, or a similar provision of a law of another | state;
| that person, if issued a restricted
driving permit, may not | operate a vehicle unless it has been equipped with an
| ignition interlock device as defined in Section 1-129.1. |
| (4)
The person issued a permit conditioned on the use | of an ignition interlock device must pay to the Secretary | of State DUI Administration Fund an amount
not to exceed | $30 per month. The Secretary shall establish by rule the | amount
and the procedures, terms, and conditions relating | to these fees. | (5)
If the restricted driving permit is issued for | employment purposes, then
the prohibition against | operating a motor vehicle that is not equipped with an | ignition interlock device does not apply to the operation | of an occupational vehicle
owned or leased by that person's | employer when used solely for employment purposes. | (6)
In each case the Secretary of State may issue a
| restricted driving permit for a period he deems | appropriate, except that the
permit shall expire within one | year from the date of issuance. The Secretary
may not, | however, issue a restricted driving permit to any person | whose current
revocation is the result of a second or | subsequent conviction for a violation
of Section 11-501 of | this Code or a similar provision of a local ordinance
or | any similar out-of-state offense, or Section 9-3 of the | Criminal Code of 1961 or the Criminal Code of 2012, where | the use of alcohol or other drugs is recited as an element | of the offense, or any similar out-of-state offense, or any | combination of these offenses, until the expiration of at | least one year from the date of the
revocation. A |
| restricted
driving permit issued under this Section shall | be
subject to cancellation, revocation, and suspension by | the Secretary of
State in like manner and for like cause as | a driver's license issued
under this Code may be cancelled, | revoked, or
suspended; except that a conviction upon one or | more offenses against laws or
ordinances regulating the | movement of traffic shall be deemed sufficient cause
for | the revocation, suspension, or cancellation of a | restricted driving permit.
The Secretary of State may, as a | condition to the issuance of a restricted
driving permit, | require the petitioner to participate in a designated | driver
remedial or rehabilitative program. The Secretary | of State is authorized to
cancel a restricted driving | permit if the permit holder does not successfully
complete | the program. However, if an individual's driving | privileges have been
revoked in accordance with paragraph | 13 of subsection (a) of this Section, no
restricted driving | permit shall be issued until the individual has served 6
| months of the revocation period.
| (c-5) (Blank).
| (c-6) If a person is convicted of a second violation of | operating a motor vehicle while the person's driver's license, | permit or privilege was revoked, where the revocation was for a | violation of Section 9-3 of the Criminal Code of 1961 or the | Criminal Code of 2012 relating to the offense of reckless | homicide or a similar out-of-state offense, the person's |
| driving privileges shall be revoked pursuant to subdivision | (a)(15) of this Section. The person may not make application | for a license or permit until the expiration of five years from | the effective date of the revocation or the expiration of five | years from the date of release from a term of imprisonment, | whichever is later. | (c-7) If a person is convicted of a third or subsequent | violation of operating a motor vehicle while the person's | driver's license, permit or privilege was revoked, where the | revocation was for a violation of Section 9-3 of the Criminal | Code of 1961 or the Criminal Code of 2012 relating to the | offense of reckless homicide or a similar out-of-state offense, | the person may never apply for a license or permit. | (d)(1) Whenever a person under the age of 21 is convicted | under Section
11-501 of this Code or a similar provision of a | local ordinance or a similar out-of-state offense, the
| Secretary of State shall revoke the driving privileges of that | person. One
year after the date of revocation, and upon | application, the Secretary of
State may, if satisfied that the | person applying will not endanger the
public safety or welfare, | issue a restricted driving permit granting the
privilege of | driving a motor vehicle only between the hours of 5 a.m. and 9
| p.m. or as otherwise provided by this Section for a period of | one year.
After this one year period, and upon reapplication | for a license as
provided in Section 6-106, upon payment of the | appropriate reinstatement
fee provided under paragraph (b) of |
| Section 6-118, the Secretary of State,
in his discretion, may
| reinstate the petitioner's driver's license and driving | privileges, or extend the restricted driving permit as many | times as the
Secretary of State deems appropriate, by | additional periods of not more than
12 months each.
| (2) If a person's license or permit is revoked or | suspended due to 2 or
more convictions of violating Section | 11-501 of this Code or a similar
provision of a local | ordinance or a similar out-of-state offense, or Section 9-3 | of the Criminal Code of 1961 or the Criminal Code of 2012, | where the use of alcohol or other drugs is recited as an | element of the offense, or a similar out-of-state offense, | or a combination of these offenses, arising out
of separate | occurrences, that person, if issued a restricted driving | permit,
may not operate a vehicle unless it has been | equipped with an ignition
interlock device as defined in | Section 1-129.1.
| (3) If a person's license or permit is revoked or | suspended 2 or more times
within a 10 year period due to | any combination of: | (A) a single conviction of violating Section | 11-501
of this
Code or a similar provision of a local | ordinance or a similar out-of-state
offense, or | Section 9-3 of the Criminal Code of 1961 or the | Criminal Code of 2012, where the use of alcohol or | other drugs is recited as an element of the offense, or |
| a similar out-of-state offense; or | (B)
a statutory summary suspension or revocation | under Section 11-501.1; or | (C) a suspension pursuant to Section 6-203.1; | arising out of separate occurrences, that person, if issued | a
restricted
driving permit, may not operate a vehicle | unless it has been equipped with an
ignition interlock | device as defined in Section 1-129.1. | (4)
The person issued a permit conditioned upon the use | of an interlock device must pay to the Secretary of State | DUI Administration Fund an amount
not to exceed $30 per | month. The Secretary shall establish by rule the amount
and | the procedures, terms, and conditions relating to these | fees. | (5)
If the restricted driving permit is issued for | employment purposes, then
the prohibition against driving | a vehicle that is not equipped with an ignition interlock | device does not apply to the operation of an occupational | vehicle
owned or leased by that person's employer when used | solely for employment purposes. | (6) A
restricted driving permit issued under this | Section shall be subject to
cancellation, revocation, and | suspension by the Secretary of State in like
manner and for | like cause as a driver's license issued under this Code may | be
cancelled, revoked, or suspended; except that a | conviction upon one or more
offenses against laws or |
| ordinances regulating the movement of traffic
shall be | deemed sufficient cause for the revocation, suspension, or
| cancellation of a restricted driving permit.
| (d-5) The revocation of the license, permit, or driving | privileges of a person convicted of a third or subsequent | violation of Section 6-303 of this Code committed while his or | her driver's license, permit, or privilege was revoked because | of a violation of Section 9-3 of the Criminal Code of 1961 or | the Criminal Code of 2012, relating to the offense of reckless | homicide, or a similar provision of a law of another state, is | permanent. The Secretary may not, at any time, issue a license | or permit to that person.
| (e) This Section is subject to the provisions of the Driver | License
Compact.
| (f) Any revocation imposed upon any person under | subsections 2
and 3 of paragraph (b) that is in effect on | December 31, 1988 shall be
converted to a suspension for a like | period of time.
| (g) The Secretary of State shall not issue a restricted | driving permit to
a person under the age of 16 years whose | driving privileges have been revoked
under any provisions of | this Code.
| (h) The Secretary of State shall require the use of | ignition interlock
devices for a period not less than 5 years | on all vehicles owned by a person who has been convicted of a
| second or subsequent offense under Section 11-501 of this Code |
| 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.
| (i) (Blank).
| (j) In accordance with 49 C.F.R. 384, the Secretary of | State may not issue a restricted driving permit for the | operation of a commercial motor vehicle to a person holding a | CDL whose driving privileges have been revoked, suspended, | cancelled, or disqualified under any provisions of this Code.
| (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | 7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. | 1-1-13; 97-1150, eff. 1-25-13.)
| (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
| Sec. 6-208. Period of Suspension - Application After | Revocation.
| (a) Except as otherwise provided by this Code or any other | law of this
State, the Secretary of State shall not suspend a | driver's license,
permit, or privilege to drive a motor vehicle | on the highways for a
period of more than one year.
| (b) Any person whose license, permit, or privilege to drive |
| a motor
vehicle on the highways has been revoked shall not be | entitled to have
such license, permit, or privilege renewed or | restored. However, such
person may, except as provided under | subsections (d) and (d-5) of Section 6-205, make
application | for a license pursuant to Section 6-106 (i) if the revocation
| was
for a cause that
has been removed or (ii) as provided in | the following
subparagraphs:
| 1. Except as provided in subparagraphs 1.3, 1.5, 2, 3,
| 4, and 5,
the person may make application for a license (A) | after the expiration of one
year from the effective date of | the revocation, (B) in the case of a violation of paragraph | (b) of Section 11-401 of this
Code or a similar provision | of a local ordinance, after the expiration of 3
years from | the effective date of the revocation, or
(C) in the case of | a violation
of Section 9-3 of the Criminal Code of 1961 or | the Criminal Code of 2012 or a similar provision of a law | of another state relating to the offense of reckless
| homicide or a violation of subparagraph (F) of paragraph 1 | of subsection (d) of Section 11-501 of this Code relating | to aggravated driving under the influence of alcohol, other | drug or drugs, intoxicating compound or compounds, or any | combination thereof, if the violation was the proximate | cause of a death, after the expiration of 2 years from the | effective date of the
revocation
or after the expiration of | 24 months from the date of release from
a
period of | imprisonment as provided in Section
6-103 of this Code, |
| whichever is later.
| 1.3. If the person is convicted of a second or | subsequent violation of Section 11-501 of this Code or a | similar provision of a local ordinance or a similar | out-of-state offense, or Section 9-3 of the Criminal Code | of 1961 or the Criminal Code of 2012, in which the use of | alcohol or other drugs is recited as an element of the | offense, or a similar out-of-state offense, or a | combination of these offenses, arising out of separate | occurrences, that person may not make application for a | driver's license until: | (A) the person has first been issued a restricted | driving permit by the Secretary of State; and | (B) the expiration of a continuous period of not | less than 5 years following the issuance of the | restricted driving permit during which the person's | restricted driving permit is not suspended, cancelled, | or revoked for a violation of any provision of law, or | any rule or regulation of the Secretary of State | relating to the required use of an ignition interlock | device. | 1.5. If the person is convicted of a violation of | Section 6-303 of this Code committed while his or her | driver's license, permit, or privilege was revoked because | of a violation of Section 9-3 of the Criminal Code of 1961 | or the Criminal Code of 2012, relating to the offense of |
| reckless homicide, or a similar provision of a law of | another state, the person may not make application for a | license or permit until the expiration of 3 years from the | date of the conviction.
| 2. If such person is convicted of committing a second | violation within a 20-year
period of:
| (A) Section 11-501 of this Code or a similar | provision of a local
ordinance;
| (B) Paragraph (b) of Section 11-401 of this Code or | a similar
provision
of a local ordinance;
| (C) Section 9-3 of the Criminal Code of 1961 or the | Criminal Code of 2012, relating
to the
offense of | reckless homicide; or
| (D) any combination of the above offenses | committed at different
instances;
| then such person may not make application for a license | until after
the expiration of 5 years from the effective | date of the most recent
revocation. The 20-year
period | shall be computed by using the dates the
offenses were | committed and shall also include similar out-of-state
| offenses and similar offenses committed on a military | installation.
| 2.5. If a person is convicted of a second violation of | Section 6-303 of this Code committed while the person's | driver's license, permit, or privilege was revoked because | of a violation of Section 9-3 of the Criminal Code of 1961 |
| or the Criminal Code of 2012, relating to the offense of | reckless homicide, or a similar provision of a law of | another state, the person may not make application for a | license or permit until the expiration of 5 years from the | date of release from a term of imprisonment.
| 3. However, except as provided in subparagraph 4, if | such person is
convicted of committing a third or
| subsequent violation or any combination of the above | offenses, including
similar out-of-state offenses and | similar offenses committed on a military installation, | contained in subparagraph 2, then such person
may not make | application for a license until after the expiration of 10 | years
from the effective date of the most recent | revocation.
| 4. The person may not make application for a license if | the person is
convicted of committing a fourth or | subsequent
violation of Section 11-501 of this Code or a | similar provision of a local
ordinance, Section 11-401 of | this Code, Section 9-3 of the
Criminal Code of 1961 or the | Criminal Code of 2012, or
a combination of these offenses,
| similar provisions of local ordinances,
similar | out-of-state offenses, or similar offenses committed on a | military installation.
| 5. The person may not make application for a license or | permit if the person is convicted of a third or subsequent | violation of Section 6-303 of this Code committed while his |
| or her driver's license, permit, or privilege was revoked | because of a violation of Section 9-3 of the Criminal Code | of 1961 or the Criminal Code of 2012, relating to the | offense of reckless homicide, or a similar provision of a | law of another state.
| Notwithstanding any other provision of this Code, all | persons referred to
in this paragraph (b) may not have their | privileges restored until the
Secretary receives payment of the | required reinstatement fee pursuant to
subsection (b) of | Section 6-118.
| In no event shall the Secretary issue such license
unless | and until such person has had a hearing pursuant to this Code | and
the appropriate administrative rules and the Secretary is
| satisfied, after a review or investigation of such person, that
| to grant the privilege of driving a motor vehicle on the | highways will
not endanger the public safety or welfare.
| (c) (Blank).
| (Source: P.A. 96-607, eff. 8-24-09; 97-1150, eff. 1-25-13.)
| (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 for a period not less than 5 years | 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 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 | patrols, and liquor store sting operations. 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 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. | (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.
| (j) A person that is subject to a chemical test or tests of | blood under subsection (a) of Section 11-501.1 or subdivision | (c)(2) of Section 11-501.2 of this Code, whether or not that | person consents to testing, shall be liable for the expense up |
| to $500 for blood withdrawal by a physician authorized to | practice medicine, a licensed physician assistant, a licensed | advanced practice nurse, a registered nurse, a trained | phlebotomist, a licensed paramedic, or a qualified person other | than a police officer approved by the Department of State | Police to withdraw blood, who responds, whether at a law | enforcement facility or a health care facility, to a police | department request for the drawing of blood based upon refusal | of the person to submit to a lawfully requested breath test or | probable cause exists to believe the test would disclose the | ingestion, consumption, or use of drugs or intoxicating | compounds if: | (1) the person is found guilty of violating Section | 11-501 of this Code or a similar provision of a local | ordinance; or | (2) the person pleads guilty to or stipulates to facts | supporting a violation of Section 11-503 of this Code or a | similar provision of a local ordinance when the plea or | stipulation was the result of a plea agreement in which the | person was originally charged with violating Section | 11-501 of this Code or a similar local ordinance. | (Source: P.A. 97-931, eff. 1-1-13; 97-1050, eff. 1-1-13; | 98-292, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973, eff. | 8-15-14.)
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Effective Date: 1/1/2016
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