100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3037

 

Introduced , by Rep. Barbara Wheeler

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-205
625 ILCS 5/6-206
625 ILCS 5/11-501.01

    Amends the Illinois Vehicle Code. Provides that for offenses committed before January 1, 2017, the Secretary of State shall require the use of ignition interlock devices for a period of not less than 5 years on all vehicles owned by a person who has been convicted of a second or subsequent offense of driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof or a similar provision of a local ordinance. Provides that for offenses committed on or after January 1, 2017, the Secretary shall require the use of ignition interlock devices for a period of not less than 5 years on all vehicles owned by a person who has been convicted of a second or subsequent offense of driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof or a similar provision of a local ordinance or out-of-state offense, 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, if that person is issued a restricted driving permit. Makes conforming changes.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-205, 6-206, and 11-501.01 as follows:
 
6    (625 ILCS 5/6-205)
7    Sec. 6-205. Mandatory revocation of license or permit;
8Hardship cases.
9    (a) Except as provided in this Section, the Secretary of
10State shall immediately revoke the license, permit, or driving
11privileges of any driver upon receiving a report of the
12driver's conviction of any of the following offenses:
13        1. Reckless homicide resulting from the operation of a
14    motor vehicle;
15        2. Violation of Section 11-501 of this Code or a
16    similar provision of a local ordinance relating to the
17    offense of operating or being in physical control of a
18    vehicle while under the influence of alcohol, other drug or
19    drugs, intoxicating compound or compounds, or any
20    combination thereof;
21        3. Any felony under the laws of any State or the
22    federal government in the commission of which a motor
23    vehicle was used;

 

 

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1        4. Violation of Section 11-401 of this Code relating to
2    the offense of leaving the scene of a traffic accident
3    involving death or personal injury;
4        5. Perjury or the making of a false affidavit or
5    statement under oath to the Secretary of State under this
6    Code or under any other law relating to the ownership or
7    operation of motor vehicles;
8        6. Conviction upon 3 charges of violation of Section
9    11-503 of this Code relating to the offense of reckless
10    driving committed within a period of 12 months;
11        7. Conviction of any offense defined in Section 4-102
12    of this Code;
13        8. Violation of Section 11-504 of this Code relating to
14    the offense of drag racing;
15        9. Violation of Chapters 8 and 9 of this Code;
16        10. Violation of Section 12-5 of the Criminal Code of
17    1961 or the Criminal Code of 2012 arising from the use of a
18    motor vehicle;
19        11. Violation of Section 11-204.1 of this Code relating
20    to aggravated fleeing or attempting to elude a peace
21    officer;
22        12. Violation of paragraph (1) of subsection (b) of
23    Section 6-507, or a similar law of any other state,
24    relating to the unlawful operation of a commercial motor
25    vehicle;
26        13. Violation of paragraph (a) of Section 11-502 of

 

 

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1    this Code or a similar provision of a local ordinance if
2    the driver has been previously convicted of a violation of
3    that Section or a similar provision of a local ordinance
4    and the driver was less than 21 years of age at the time of
5    the offense;
6        14. Violation of paragraph (a) of Section 11-506 of
7    this Code or a similar provision of a local ordinance
8    relating to the offense of street racing;
9        15. A second or subsequent conviction of driving while
10    the person's driver's license, permit or privileges was
11    revoked for reckless homicide or a similar out-of-state
12    offense;
13        16. Any offense against any provision in this Code, or
14    any local ordinance, regulating the movement of traffic
15    when that offense was the proximate cause of the death of
16    any person. Any person whose driving privileges have been
17    revoked pursuant to this paragraph may seek to have the
18    revocation terminated or to have the length of revocation
19    reduced by requesting an administrative hearing with the
20    Secretary of State prior to the projected driver's license
21    application eligibility date;
22        17. Violation of subsection (a-2) of Section 11-1301.3
23    of this Code or a similar provision of a local ordinance;
24        18. A second or subsequent conviction of illegal
25    possession, while operating or in actual physical control,
26    as a driver, of a motor vehicle, of any controlled

 

 

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1    substance prohibited under the Illinois Controlled
2    Substances Act, any cannabis prohibited under the Cannabis
3    Control Act, or any methamphetamine prohibited under the
4    Methamphetamine Control and Community Protection Act. A
5    defendant found guilty of this offense while operating a
6    motor vehicle shall have an entry made in the court record
7    by the presiding judge that this offense did occur while
8    the defendant was operating a motor vehicle and order the
9    clerk of the court to report the violation to the Secretary
10    of State.
11    (b) The Secretary of State shall also immediately revoke
12the license or permit of any driver in the following
13situations:
14        1. Of any minor upon receiving the notice provided for
15    in Section 5-901 of the Juvenile Court Act of 1987 that the
16    minor has been adjudicated under that Act as having
17    committed an offense relating to motor vehicles prescribed
18    in Section 4-103 of this Code;
19        2. Of any person when any other law of this State
20    requires either the revocation or suspension of a license
21    or permit;
22        3. Of any person adjudicated under the Juvenile Court
23    Act of 1987 based on an offense determined to have been
24    committed in furtherance of the criminal activities of an
25    organized gang as provided in Section 5-710 of that Act,
26    and that involved the operation or use of a motor vehicle

 

 

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1    or the use of a driver's license or permit. The revocation
2    shall remain in effect for the period determined by the
3    court.
4    (c)(1) Whenever a person is convicted of any of the
5offenses enumerated in this Section, the court may recommend
6and the Secretary of State in his discretion, without regard to
7whether the recommendation is made by the court may, upon
8application, issue to the person a restricted driving permit
9granting the privilege of driving a motor vehicle between the
10petitioner's residence and petitioner's place of employment or
11within the scope of the petitioner's employment related duties,
12or to allow the petitioner to transport himself or herself or a
13family member of the petitioner's household to a medical
14facility for the receipt of necessary medical care or to allow
15the petitioner to transport himself or herself to and from
16alcohol or drug remedial or rehabilitative activity
17recommended by a licensed service provider, or to allow the
18petitioner to transport himself or herself or a family member
19of the petitioner's household to classes, as a student, at an
20accredited educational institution, or to allow the petitioner
21to transport children, elderly persons, or persons with
22disabilities who do not hold driving privileges and are living
23in the petitioner's household to and from daycare; if the
24petitioner is able to demonstrate that no alternative means of
25transportation is reasonably available and that the petitioner
26will not endanger the public safety or welfare; provided that

 

 

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1the Secretary's discretion shall be limited to cases where
2undue hardship, as defined by the rules of the Secretary of
3State, would result from a failure to issue the restricted
4driving permit.
5        (1.5) A person subject to the provisions of paragraph 4
6    of subsection (b) of Section 6-208 of this Code may make
7    application for a restricted driving permit at a hearing
8    conducted under Section 2-118 of this Code after the
9    expiration of 5 years from the effective date of the most
10    recent revocation, or after 5 years from the date of
11    release from a period of imprisonment resulting from a
12    conviction of the most recent offense, whichever is later,
13    provided the person, in addition to all other requirements
14    of the Secretary, shows by clear and convincing evidence:
15            (A) a minimum of 3 years of uninterrupted
16        abstinence from alcohol and the unlawful use or
17        consumption of cannabis under the Cannabis Control
18        Act, a controlled substance under the Illinois
19        Controlled Substances Act, an intoxicating compound
20        under the Use of Intoxicating Compounds Act, or
21        methamphetamine under the Methamphetamine Control and
22        Community Protection Act; and
23            (B) the successful completion of any
24        rehabilitative treatment and involvement in any
25        ongoing rehabilitative activity that may be
26        recommended by a properly licensed service provider

 

 

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1        according to an assessment of the person's alcohol or
2        drug use under Section 11-501.01 of this Code.
3        In determining whether an applicant is eligible for a
4    restricted driving permit under this paragraph (1.5), the
5    Secretary may consider any relevant evidence, including,
6    but not limited to, testimony, affidavits, records, and the
7    results of regular alcohol or drug tests. Persons subject
8    to the provisions of paragraph 4 of subsection (b) of
9    Section 6-208 of this Code and who have been convicted of
10    more than one violation of paragraph (3), paragraph (4), or
11    paragraph (5) of subsection (a) of Section 11-501 of this
12    Code shall not be eligible to apply for a restricted
13    driving permit.
14        A restricted driving permit issued under this
15    paragraph (1.5) shall provide that the holder may only
16    operate motor vehicles equipped with an ignition interlock
17    device as required under paragraph (2) of subsection (c) of
18    this Section and subparagraph (A) of paragraph 3 of
19    subsection (c) of Section 6-206 of this Code. The Secretary
20    may revoke a restricted driving permit or amend the
21    conditions of a restricted driving permit issued under this
22    paragraph (1.5) if the holder operates a vehicle that is
23    not equipped with an ignition interlock device, or for any
24    other reason authorized under this Code.
25        A restricted driving permit issued under this
26    paragraph (1.5) shall be revoked, and the holder barred

 

 

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1    from applying for or being issued a restricted driving
2    permit in the future, if the holder is subsequently
3    convicted of a violation of Section 11-501 of this Code, a
4    similar provision of a local ordinance, or a similar
5    offense in another state.
6        (2) If a person's license or permit is revoked or
7    suspended due to 2 or more convictions of violating Section
8    11-501 of this Code or a similar provision of a local
9    ordinance or a similar out-of-state offense, or Section 9-3
10    of the Criminal Code of 1961 or the Criminal Code of 2012,
11    where the use of alcohol or other drugs is recited as an
12    element of the offense, or a similar out-of-state offense,
13    or a combination of these offenses, arising out of separate
14    occurrences, that person, if issued a restricted driving
15    permit, may not operate a vehicle unless it has been
16    equipped with an ignition interlock device as defined in
17    Section 1-129.1.
18        (3) If:
19            (A) a person's license or permit is revoked or
20        suspended 2 or more times due to any combination of:
21                (i) a single conviction of violating Section
22            11-501 of this Code or a similar provision of a
23            local ordinance or a similar out-of-state offense,
24            or Section 9-3 of the Criminal Code of 1961 or the
25            Criminal Code of 2012, where the use of alcohol or
26            other drugs is recited as an element of the

 

 

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1            offense, or a similar out-of-state offense; or
2                (ii) a statutory summary suspension or
3            revocation under Section 11-501.1; or
4                (iii) a suspension pursuant to Section
5            6-203.1;
6        arising out of separate occurrences; or
7            (B) a person has been convicted of one violation of
8        subparagraph (C) or (F) of paragraph (1) of subsection
9        (d) of Section 11-501 of this Code, Section 9-3 of the
10        Criminal Code of 1961 or the Criminal Code of 2012,
11        relating to the offense of reckless homicide where the
12        use of alcohol or other drugs was recited as an element
13        of the offense, or a similar provision of a law of
14        another state;
15    that person, if issued a restricted driving permit, may not
16    operate a vehicle unless it has been equipped with an
17    ignition interlock device as defined in Section 1-129.1.
18        (4) The person issued a permit conditioned on the use
19    of an ignition interlock device must pay to the Secretary
20    of State DUI Administration Fund an amount not to exceed
21    $30 per month. The Secretary shall establish by rule the
22    amount and the procedures, terms, and conditions relating
23    to these fees.
24        (5) If the restricted driving permit is issued for
25    employment purposes, then the prohibition against
26    operating a motor vehicle that is not equipped with an

 

 

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1    ignition interlock device does not apply to the operation
2    of an occupational vehicle owned or leased by that person's
3    employer when used solely for employment purposes. For any
4    person who, within a 5-year period, is convicted of a
5    second or subsequent offense under Section 11-501 of this
6    Code, or a similar provision of a local ordinance or
7    similar out-of-state offense, this employment exemption
8    does not apply until either a one-year period has elapsed
9    during which that person had his or her driving privileges
10    revoked or a one-year period has elapsed during which that
11    person had a restricted driving permit which required the
12    use of an ignition interlock device on every motor vehicle
13    owned or operated by that person.
14        (6) In each case the Secretary of State may issue a
15    restricted driving permit for a period he deems
16    appropriate, except that the permit shall expire within one
17    year from the date of issuance. A restricted driving permit
18    issued under this Section shall be subject to cancellation,
19    revocation, and suspension by the Secretary of State in
20    like manner and for like cause as a driver's license issued
21    under this Code may be cancelled, revoked, or suspended;
22    except that a conviction upon one or more offenses against
23    laws or ordinances regulating the movement of traffic shall
24    be deemed sufficient cause for the revocation, suspension,
25    or cancellation of a restricted driving permit. The
26    Secretary of State may, as a condition to the issuance of a

 

 

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1    restricted driving permit, require the petitioner to
2    participate in a designated driver remedial or
3    rehabilitative program. The Secretary of State is
4    authorized to cancel a restricted driving permit if the
5    permit holder does not successfully complete the program.
6    However, if an individual's driving privileges have been
7    revoked in accordance with paragraph 13 of subsection (a)
8    of this Section, no restricted driving permit shall be
9    issued until the individual has served 6 months of the
10    revocation period.
11    (c-5) (Blank).
12    (c-6) If a person is convicted of a second violation of
13operating a motor vehicle while the person's driver's license,
14permit or privilege was revoked, where the revocation was for a
15violation of Section 9-3 of the Criminal Code of 1961 or the
16Criminal Code of 2012 relating to the offense of reckless
17homicide or a similar out-of-state offense, the person's
18driving privileges shall be revoked pursuant to subdivision
19(a)(15) of this Section. The person may not make application
20for a license or permit until the expiration of five years from
21the effective date of the revocation or the expiration of five
22years from the date of release from a term of imprisonment,
23whichever is later.
24    (c-7) If a person is convicted of a third or subsequent
25violation of operating a motor vehicle while the person's
26driver's license, permit or privilege was revoked, where the

 

 

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1revocation was for a violation of Section 9-3 of the Criminal
2Code of 1961 or the Criminal Code of 2012 relating to the
3offense of reckless homicide or a similar out-of-state offense,
4the person may never apply for a license or permit.
5    (d)(1) Whenever a person under the age of 21 is convicted
6under Section 11-501 of this Code or a similar provision of a
7local ordinance or a similar out-of-state offense, the
8Secretary of State shall revoke the driving privileges of that
9person. One year after the date of revocation, and upon
10application, the Secretary of State may, if satisfied that the
11person applying will not endanger the public safety or welfare,
12issue a restricted driving permit granting the privilege of
13driving a motor vehicle only between the hours of 5 a.m. and 9
14p.m. or as otherwise provided by this Section for a period of
15one year. After this one-year period, and upon reapplication
16for a license as provided in Section 6-106, upon payment of the
17appropriate reinstatement fee provided under paragraph (b) of
18Section 6-118, the Secretary of State, in his discretion, may
19reinstate the petitioner's driver's license and driving
20privileges, or extend the restricted driving permit as many
21times as the Secretary of State deems appropriate, by
22additional periods of not more than 12 months each.
23        (2) If a person's license or permit is revoked or
24    suspended due to 2 or more convictions of violating Section
25    11-501 of this Code or a similar provision of a local
26    ordinance or a similar out-of-state offense, or Section 9-3

 

 

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1    of the Criminal Code of 1961 or the Criminal Code of 2012,
2    where the use of alcohol or other drugs is recited as an
3    element of the offense, or a similar out-of-state offense,
4    or a combination of these offenses, arising out of separate
5    occurrences, that person, if issued a restricted driving
6    permit, may not operate a vehicle unless it has been
7    equipped with an ignition interlock device as defined in
8    Section 1-129.1.
9        (3) If a person's license or permit is revoked or
10    suspended 2 or more times due to any combination of:
11            (A) a single conviction of violating Section
12        11-501 of this Code or a similar provision of a local
13        ordinance or a similar out-of-state offense, or
14        Section 9-3 of the Criminal Code of 1961 or the
15        Criminal Code of 2012, where the use of alcohol or
16        other drugs is recited as an element of the offense, or
17        a similar out-of-state offense; or
18            (B) a statutory summary suspension or revocation
19        under Section 11-501.1; or
20            (C) a suspension pursuant to Section 6-203.1;
21    arising out of separate occurrences, that person, if issued
22    a restricted driving permit, may not operate a vehicle
23    unless it has been equipped with an ignition interlock
24    device as defined in Section 1-129.1.
25        (3.5) If a person's license or permit is revoked or
26    suspended due to a conviction for a violation of

 

 

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1    subparagraph (C) or (F) of paragraph (1) of subsection (d)
2    of Section 11-501 of this Code, or a similar provision of a
3    local ordinance or similar out-of-state offense, that
4    person, if issued a restricted driving permit, may not
5    operate a vehicle unless it has been equipped with an
6    ignition interlock device as defined in Section 1-129.1.
7        (4) The person issued a permit conditioned upon the use
8    of an interlock device must pay to the Secretary of State
9    DUI Administration Fund an amount not to exceed $30 per
10    month. The Secretary shall establish by rule the amount and
11    the procedures, terms, and conditions relating to these
12    fees.
13        (5) If the restricted driving permit is issued for
14    employment purposes, then the prohibition against driving
15    a vehicle that is not equipped with an ignition interlock
16    device does not apply to the operation of an occupational
17    vehicle owned or leased by that person's employer when used
18    solely for employment purposes. For any person who, within
19    a 5-year period, is convicted of a second or subsequent
20    offense under Section 11-501 of this Code, or a similar
21    provision of a local ordinance or similar out-of-state
22    offense, this employment exemption does not apply until
23    either a one-year period has elapsed during which that
24    person had his or her driving privileges revoked or a
25    one-year period has elapsed during which that person had a
26    restricted driving permit which required the use of an

 

 

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1    ignition interlock device on every motor vehicle owned or
2    operated by that person.
3        (6) A restricted driving permit issued under this
4    Section shall be subject to cancellation, revocation, and
5    suspension by the Secretary of State in like manner and for
6    like cause as a driver's license issued under this Code may
7    be cancelled, revoked, or suspended; except that a
8    conviction upon one or more offenses against laws or
9    ordinances regulating the movement of traffic shall be
10    deemed sufficient cause for the revocation, suspension, or
11    cancellation of a restricted driving permit.
12    (d-5) The revocation of the license, permit, or driving
13privileges of a person convicted of a third or subsequent
14violation of Section 6-303 of this Code committed while his or
15her driver's license, permit, or privilege was revoked because
16of a violation of Section 9-3 of the Criminal Code of 1961 or
17the Criminal Code of 2012, relating to the offense of reckless
18homicide, or a similar provision of a law of another state, is
19permanent. The Secretary may not, at any time, issue a license
20or permit to that person.
21    (e) This Section is subject to the provisions of the Driver
22License Compact.
23    (f) Any revocation imposed upon any person under
24subsections 2 and 3 of paragraph (b) that is in effect on
25December 31, 1988 shall be converted to a suspension for a like
26period of time.

 

 

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1    (g) The Secretary of State shall not issue a restricted
2driving permit to a person under the age of 16 years whose
3driving privileges have been revoked under any provisions of
4this Code.
5    (h) For offenses committed before January 1, 2017, the The
6Secretary of State shall require the use of ignition interlock
7devices for a period not less than 5 years on all vehicles
8owned by a person who has been convicted of a second or
9subsequent offense under Section 11-501 of this Code or a
10similar provision of a local ordinance. For offenses committed
11on or after January 1, 2017, the Secretary of State shall
12require the use of ignition interlock devices for a period of
13not less than 5 years on all vehicles owned by a person who has
14been convicted of a second or subsequent offense under Section
1511-501 of this Code or a similar provision of a local ordinance
16or out-of-state offense, Section 9-3 of the Criminal Code of
171961 or the Criminal Code of 2012 in which the use of alcohol
18or other drugs is recited as an element of the offense or a
19similar out-of-state offense, or a combination of these
20offenses arising out of separate occurrences, if that person is
21issued a restricted driving permit. A person required to use an
22ignition interlock device under this subsection (h) The person
23must pay to the Secretary of State DUI Administration Fund an
24amount not to exceed $30 for each month that he or she uses the
25device. The Secretary shall establish by rule and regulation
26the procedures for certification and use of the interlock

 

 

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1system, the amount of the fee, and the procedures, terms, and
2conditions relating to these fees. During the time period in
3which a person is required to install an ignition interlock
4device under this subsection (h), that person shall only
5operate vehicles in which ignition interlock devices have been
6installed, except as allowed by subdivision (c)(5) or (d)(5) of
7this Section.
8    (i) (Blank).
9    (j) In accordance with 49 C.F.R. 384, the Secretary of
10State may not issue a restricted driving permit for the
11operation of a commercial motor vehicle to a person holding a
12CDL whose driving privileges have been revoked, suspended,
13cancelled, or disqualified under any provisions of this Code.
14    (k) The Secretary of State shall notify by mail any person
15whose driving privileges have been revoked under paragraph 16
16of subsection (a) of this Section that his or her driving
17privileges and driver's license will be revoked 90 days from
18the date of the mailing of the notice.
19(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;
2099-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;
2199-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-642, eff.
227-28-16.)
 
23    (625 ILCS 5/6-206)
24    Sec. 6-206. Discretionary authority to suspend or revoke
25license or permit; right to a hearing.

 

 

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1    (a) The Secretary of State is authorized to suspend or
2revoke the driving privileges of any person without preliminary
3hearing upon a showing of the person's records or other
4sufficient evidence that the person:
5        1. Has committed an offense for which mandatory
6    revocation of a driver's license or permit is required upon
7    conviction;
8        2. Has been convicted of not less than 3 offenses
9    against traffic regulations governing the movement of
10    vehicles committed within any 12 month period. No
11    revocation or suspension shall be entered more than 6
12    months after the date of last conviction;
13        3. Has been repeatedly involved as a driver in motor
14    vehicle collisions or has been repeatedly convicted of
15    offenses against laws and ordinances regulating the
16    movement of traffic, to a degree that indicates lack of
17    ability to exercise ordinary and reasonable care in the
18    safe operation of a motor vehicle or disrespect for the
19    traffic laws and the safety of other persons upon the
20    highway;
21        4. Has by the unlawful operation of a motor vehicle
22    caused or contributed to an accident resulting in injury
23    requiring immediate professional treatment in a medical
24    facility or doctor's office to any person, except that any
25    suspension or revocation imposed by the Secretary of State
26    under the provisions of this subsection shall start no

 

 

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1    later than 6 months after being convicted of violating a
2    law or ordinance regulating the movement of traffic, which
3    violation is related to the accident, or shall start not
4    more than one year after the date of the accident,
5    whichever date occurs later;
6        5. Has permitted an unlawful or fraudulent use of a
7    driver's license, identification card, or permit;
8        6. Has been lawfully convicted of an offense or
9    offenses in another state, including the authorization
10    contained in Section 6-203.1, which if committed within
11    this State would be grounds for suspension or revocation;
12        7. Has refused or failed to submit to an examination
13    provided for by Section 6-207 or has failed to pass the
14    examination;
15        8. Is ineligible for a driver's license or permit under
16    the provisions of Section 6-103;
17        9. Has made a false statement or knowingly concealed a
18    material fact or has used false information or
19    identification in any application for a license,
20    identification card, or permit;
21        10. Has possessed, displayed, or attempted to
22    fraudulently use any license, identification card, or
23    permit not issued to the person;
24        11. Has operated a motor vehicle upon a highway of this
25    State when the person's driving privilege or privilege to
26    obtain a driver's license or permit was revoked or

 

 

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1    suspended unless the operation was authorized by a
2    monitoring device driving permit, judicial driving permit
3    issued prior to January 1, 2009, probationary license to
4    drive, or a restricted driving permit issued under this
5    Code;
6        12. Has submitted to any portion of the application
7    process for another person or has obtained the services of
8    another person to submit to any portion of the application
9    process for the purpose of obtaining a license,
10    identification card, or permit for some other person;
11        13. Has operated a motor vehicle upon a highway of this
12    State when the person's driver's license or permit was
13    invalid under the provisions of Sections 6-107.1 and 6-110;
14        14. Has committed a violation of Section 6-301,
15    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
16    14B of the Illinois Identification Card Act;
17        15. Has been convicted of violating Section 21-2 of the
18    Criminal Code of 1961 or the Criminal Code of 2012 relating
19    to criminal trespass to vehicles in which case, the
20    suspension shall be for one year;
21        16. Has been convicted of violating Section 11-204 of
22    this Code relating to fleeing from a peace officer;
23        17. Has refused to submit to a test, or tests, as
24    required under Section 11-501.1 of this Code and the person
25    has not sought a hearing as provided for in Section
26    11-501.1;

 

 

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1        18. Has, since issuance of a driver's license or
2    permit, been adjudged to be afflicted with or suffering
3    from any mental disability or disease;
4        19. Has committed a violation of paragraph (a) or (b)
5    of Section 6-101 relating to driving without a driver's
6    license;
7        20. Has been convicted of violating Section 6-104
8    relating to classification of driver's license;
9        21. Has been convicted of violating Section 11-402 of
10    this Code relating to leaving the scene of an accident
11    resulting in damage to a vehicle in excess of $1,000, in
12    which case the suspension shall be for one year;
13        22. Has used a motor vehicle in violating paragraph
14    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
15    the Criminal Code of 1961 or the Criminal Code of 2012
16    relating to unlawful use of weapons, in which case the
17    suspension shall be for one year;
18        23. Has, as a driver, been convicted of committing a
19    violation of paragraph (a) of Section 11-502 of this Code
20    for a second or subsequent time within one year of a
21    similar violation;
22        24. Has been convicted by a court-martial or punished
23    by non-judicial punishment by military authorities of the
24    United States at a military installation in Illinois or in
25    another state of or for a traffic related offense that is
26    the same as or similar to an offense specified under

 

 

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1    Section 6-205 or 6-206 of this Code;
2        25. Has permitted any form of identification to be used
3    by another in the application process in order to obtain or
4    attempt to obtain a license, identification card, or
5    permit;
6        26. Has altered or attempted to alter a license or has
7    possessed an altered license, identification card, or
8    permit;
9        27. Has violated Section 6-16 of the Liquor Control Act
10    of 1934;
11        28. Has been convicted for a first time of the illegal
12    possession, while operating or in actual physical control,
13    as a driver, of a motor vehicle, of any controlled
14    substance prohibited under the Illinois Controlled
15    Substances Act, any cannabis prohibited under the Cannabis
16    Control Act, or any methamphetamine prohibited under the
17    Methamphetamine Control and Community Protection Act, in
18    which case the person's driving privileges shall be
19    suspended for one year. Any defendant found guilty of this
20    offense while operating a motor vehicle, shall have an
21    entry made in the court record by the presiding judge that
22    this offense did occur while the defendant was operating a
23    motor vehicle and order the clerk of the court to report
24    the violation to the Secretary of State;
25        29. Has been convicted of the following offenses that
26    were committed while the person was operating or in actual

 

 

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1    physical control, as a driver, of a motor vehicle: criminal
2    sexual assault, predatory criminal sexual assault of a
3    child, aggravated criminal sexual assault, criminal sexual
4    abuse, aggravated criminal sexual abuse, juvenile pimping,
5    soliciting for a juvenile prostitute, promoting juvenile
6    prostitution as described in subdivision (a)(1), (a)(2),
7    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
8    or the Criminal Code of 2012, and the manufacture, sale or
9    delivery of controlled substances or instruments used for
10    illegal drug use or abuse in which case the driver's
11    driving privileges shall be suspended for one year;
12        30. Has been convicted a second or subsequent time for
13    any combination of the offenses named in paragraph 29 of
14    this subsection, in which case the person's driving
15    privileges shall be suspended for 5 years;
16        31. Has refused to submit to a test as required by
17    Section 11-501.6 of this Code or Section 5-16c of the Boat
18    Registration and Safety Act or has submitted to a test
19    resulting in an alcohol concentration of 0.08 or more or
20    any amount of a drug, substance, or compound resulting from
21    the unlawful use or consumption of cannabis as listed in
22    the Cannabis Control Act, a controlled substance as listed
23    in the Illinois Controlled Substances Act, an intoxicating
24    compound as listed in the Use of Intoxicating Compounds
25    Act, or methamphetamine as listed in the Methamphetamine
26    Control and Community Protection Act, in which case the

 

 

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1    penalty shall be as prescribed in Section 6-208.1;
2        32. Has been convicted of Section 24-1.2 of the
3    Criminal Code of 1961 or the Criminal Code of 2012 relating
4    to the aggravated discharge of a firearm if the offender
5    was located in a motor vehicle at the time the firearm was
6    discharged, in which case the suspension shall be for 3
7    years;
8        33. Has as a driver, who was less than 21 years of age
9    on the date of the offense, been convicted a first time of
10    a violation of paragraph (a) of Section 11-502 of this Code
11    or a similar provision of a local ordinance;
12        34. Has committed a violation of Section 11-1301.5 of
13    this Code or a similar provision of a local ordinance;
14        35. Has committed a violation of Section 11-1301.6 of
15    this Code or a similar provision of a local ordinance;
16        36. Is under the age of 21 years at the time of arrest
17    and has been convicted of not less than 2 offenses against
18    traffic regulations governing the movement of vehicles
19    committed within any 24 month period. No revocation or
20    suspension shall be entered more than 6 months after the
21    date of last conviction;
22        37. Has committed a violation of subsection (c) of
23    Section 11-907 of this Code that resulted in damage to the
24    property of another or the death or injury of another;
25        38. Has been convicted of a violation of Section 6-20
26    of the Liquor Control Act of 1934 or a similar provision of

 

 

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1    a local ordinance;
2        39. Has committed a second or subsequent violation of
3    Section 11-1201 of this Code;
4        40. Has committed a violation of subsection (a-1) of
5    Section 11-908 of this Code;
6        41. Has committed a second or subsequent violation of
7    Section 11-605.1 of this Code, a similar provision of a
8    local ordinance, or a similar violation in any other state
9    within 2 years of the date of the previous violation, in
10    which case the suspension shall be for 90 days;
11        42. Has committed a violation of subsection (a-1) of
12    Section 11-1301.3 of this Code or a similar provision of a
13    local ordinance;
14        43. Has received a disposition of court supervision for
15    a violation of subsection (a), (d), or (e) of Section 6-20
16    of the Liquor Control Act of 1934 or a similar provision of
17    a local ordinance, in which case the suspension shall be
18    for a period of 3 months;
19        44. Is under the age of 21 years at the time of arrest
20    and has been convicted of an offense against traffic
21    regulations governing the movement of vehicles after
22    having previously had his or her driving privileges
23    suspended or revoked pursuant to subparagraph 36 of this
24    Section;
25        45. Has, in connection with or during the course of a
26    formal hearing conducted under Section 2-118 of this Code:

 

 

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1    (i) committed perjury; (ii) submitted fraudulent or
2    falsified documents; (iii) submitted documents that have
3    been materially altered; or (iv) submitted, as his or her
4    own, documents that were in fact prepared or composed for
5    another person;
6        46. Has committed a violation of subsection (j) of
7    Section 3-413 of this Code;
8        47. Has committed a violation of Section 11-502.1 of
9    this Code; or
10        48. Has submitted a falsified or altered medical
11    examiner's certificate to the Secretary of State or
12    provided false information to obtain a medical examiner's
13    certificate.
14    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
15and 27 of this subsection, license means any driver's license,
16any traffic ticket issued when the person's driver's license is
17deposited in lieu of bail, a suspension notice issued by the
18Secretary of State, a duplicate or corrected driver's license,
19a probationary driver's license or a temporary driver's
20license.
21    (b) If any conviction forming the basis of a suspension or
22revocation authorized under this Section is appealed, the
23Secretary of State may rescind or withhold the entry of the
24order of suspension or revocation, as the case may be, provided
25that a certified copy of a stay order of a court is filed with
26the Secretary of State. If the conviction is affirmed on

 

 

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1appeal, the date of the conviction shall relate back to the
2time the original judgment of conviction was entered and the 6
3month limitation prescribed shall not apply.
4    (c) 1. Upon suspending or revoking the driver's license or
5permit of any person as authorized in this Section, the
6Secretary of State shall immediately notify the person in
7writing of the revocation or suspension. The notice to be
8deposited in the United States mail, postage prepaid, to the
9last known address of the person.
10    2. If the Secretary of State suspends the driver's license
11of a person under subsection 2 of paragraph (a) of this
12Section, a person's privilege to operate a vehicle as an
13occupation shall not be suspended, provided an affidavit is
14properly completed, the appropriate fee received, and a permit
15issued prior to the effective date of the suspension, unless 5
16offenses were committed, at least 2 of which occurred while
17operating a commercial vehicle in connection with the driver's
18regular occupation. All other driving privileges shall be
19suspended by the Secretary of State. Any driver prior to
20operating a vehicle for occupational purposes only must submit
21the affidavit on forms to be provided by the Secretary of State
22setting forth the facts of the person's occupation. The
23affidavit shall also state the number of offenses committed
24while operating a vehicle in connection with the driver's
25regular occupation. The affidavit shall be accompanied by the
26driver's license. Upon receipt of a properly completed

 

 

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1affidavit, the Secretary of State shall issue the driver a
2permit to operate a vehicle in connection with the driver's
3regular occupation only. Unless the permit is issued by the
4Secretary of State prior to the date of suspension, the
5privilege to drive any motor vehicle shall be suspended as set
6forth in the notice that was mailed under this Section. If an
7affidavit is received subsequent to the effective date of this
8suspension, a permit may be issued for the remainder of the
9suspension period.
10    The provisions of this subparagraph shall not apply to any
11driver required to possess a CDL for the purpose of operating a
12commercial motor vehicle.
13    Any person who falsely states any fact in the affidavit
14required herein shall be guilty of perjury under Section 6-302
15and upon conviction thereof shall have all driving privileges
16revoked without further rights.
17    3. At the conclusion of a hearing under Section 2-118 of
18this Code, the Secretary of State shall either rescind or
19continue an order of revocation or shall substitute an order of
20suspension; or, good cause appearing therefor, rescind,
21continue, change, or extend the order of suspension. If the
22Secretary of State does not rescind the order, the Secretary
23may upon application, to relieve undue hardship (as defined by
24the rules of the Secretary of State), issue a restricted
25driving permit granting the privilege of driving a motor
26vehicle between the petitioner's residence and petitioner's

 

 

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1place of employment or within the scope of the petitioner's
2employment related duties, or to allow the petitioner to
3transport himself or herself, or a family member of the
4petitioner's household to a medical facility, to receive
5necessary medical care, to allow the petitioner to transport
6himself or herself to and from alcohol or drug remedial or
7rehabilitative activity recommended by a licensed service
8provider, or to allow the petitioner to transport himself or
9herself or a family member of the petitioner's household to
10classes, as a student, at an accredited educational
11institution, or to allow the petitioner to transport children,
12elderly persons, or persons with disabilities who do not hold
13driving privileges and are living in the petitioner's household
14to and from daycare. The petitioner must demonstrate that no
15alternative means of transportation is reasonably available
16and that the petitioner will not endanger the public safety or
17welfare.
18        (A) The Secretary of State shall require the use of
19    ignition interlock devices for a period of not less than 5
20    years if If a person's license or permit is revoked or
21    suspended due to 2 or more convictions of violating Section
22    11-501 of this Code or a similar provision of a local
23    ordinance or a similar out-of-state offense, or Section 9-3
24    of the Criminal Code of 1961 or the Criminal Code of 2012,
25    in which where the use of alcohol or other drugs is recited
26    as an element of the offense, or a similar out-of-state

 

 

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1    offense, or a combination of these offenses, arising out of
2    separate occurrences, that person, if that person is issued
3    a restricted driving permit, may not operate a vehicle
4    unless it has been equipped with an ignition interlock
5    device as defined in Section 1-129.1.
6        (B) If a person's license or permit is revoked or
7    suspended 2 or more times due to any combination of:
8            (i) a single conviction of violating Section
9        11-501 of this Code or a similar provision of a local
10        ordinance or a similar out-of-state offense or Section
11        9-3 of the Criminal Code of 1961 or the Criminal Code
12        of 2012, where the use of alcohol or other drugs is
13        recited as an element of the offense, or a similar
14        out-of-state offense; or
15            (ii) a statutory summary suspension or revocation
16        under Section 11-501.1; or
17            (iii) a suspension under Section 6-203.1;
18    arising out of separate occurrences; that person, if issued
19    a restricted driving permit, may not operate a vehicle
20    unless it has been equipped with an ignition interlock
21    device as defined in Section 1-129.1.
22        (B-5) If a person's license or permit is revoked or
23    suspended due to a conviction for a violation of
24    subparagraph (C) or (F) of paragraph (1) of subsection (d)
25    of Section 11-501 of this Code, or a similar provision of a
26    local ordinance or similar out-of-state offense, that

 

 

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1    person, if issued a restricted driving permit, may not
2    operate a vehicle unless it has been equipped with an
3    ignition interlock device as defined in Section 1-129.1.
4        (C) The person issued a permit conditioned upon the use
5    of an ignition interlock device must pay to the Secretary
6    of State DUI Administration Fund an amount not to exceed
7    $30 per month. The Secretary shall establish by rule the
8    amount and the procedures, terms, and conditions relating
9    to these fees.
10        (D) If the restricted driving permit is issued for
11    employment purposes, then the prohibition against
12    operating a motor vehicle that is not equipped with an
13    ignition interlock device does not apply to the operation
14    of an occupational vehicle owned or leased by that person's
15    employer when used solely for employment purposes. For any
16    person who, within a 5-year period, is convicted of a
17    second or subsequent offense under Section 11-501 of this
18    Code, or a similar provision of a local ordinance or
19    similar out-of-state offense, this employment exemption
20    does not apply until either a one-year period has elapsed
21    during which that person had his or her driving privileges
22    revoked or a one-year period has elapsed during which that
23    person had a restricted driving permit which required the
24    use of an ignition interlock device on every motor vehicle
25    owned or operated by that person.
26        (E) In each case the Secretary may issue a restricted

 

 

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1    driving permit for a period deemed appropriate, except that
2    all permits shall expire within one year from the date of
3    issuance. A restricted driving permit issued under this
4    Section shall be subject to cancellation, revocation, and
5    suspension by the Secretary of State in like manner and for
6    like cause as a driver's license issued under this Code may
7    be cancelled, revoked, or suspended; except that a
8    conviction upon one or more offenses against laws or
9    ordinances regulating the movement of traffic shall be
10    deemed sufficient cause for the revocation, suspension, or
11    cancellation of a restricted driving permit. The Secretary
12    of State may, as a condition to the issuance of a
13    restricted driving permit, require the applicant to
14    participate in a designated driver remedial or
15    rehabilitative program. The Secretary of State is
16    authorized to cancel a restricted driving permit if the
17    permit holder does not successfully complete the program.
18        (F) A person subject to the provisions of paragraph 4
19    of subsection (b) of Section 6-208 of this Code may make
20    application for a restricted driving permit at a hearing
21    conducted under Section 2-118 of this Code after the
22    expiration of 5 years from the effective date of the most
23    recent revocation or after 5 years from the date of release
24    from a period of imprisonment resulting from a conviction
25    of the most recent offense, whichever is later, provided
26    the person, in addition to all other requirements of the

 

 

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1    Secretary, shows by clear and convincing evidence:
2            (i) a minimum of 3 years of uninterrupted
3        abstinence from alcohol and the unlawful use or
4        consumption of cannabis under the Cannabis Control
5        Act, a controlled substance under the Illinois
6        Controlled Substances Act, an intoxicating compound
7        under the Use of Intoxicating Compounds Act, or
8        methamphetamine under the Methamphetamine Control and
9        Community Protection Act; and
10            (ii) the successful completion of any
11        rehabilitative treatment and involvement in any
12        ongoing rehabilitative activity that may be
13        recommended by a properly licensed service provider
14        according to an assessment of the person's alcohol or
15        drug use under Section 11-501.01 of this Code.
16        In determining whether an applicant is eligible for a
17    restricted driving permit under this subparagraph (F), the
18    Secretary may consider any relevant evidence, including,
19    but not limited to, testimony, affidavits, records, and the
20    results of regular alcohol or drug tests. Persons subject
21    to the provisions of paragraph 4 of subsection (b) of
22    Section 6-208 of this Code and who have been convicted of
23    more than one violation of paragraph (3), paragraph (4), or
24    paragraph (5) of subsection (a) of Section 11-501 of this
25    Code shall not be eligible to apply for a restricted
26    driving permit under this subparagraph (F).

 

 

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1        A restricted driving permit issued under this
2    subparagraph (F) shall provide that the holder may only
3    operate motor vehicles equipped with an ignition interlock
4    device as required under paragraph (2) of subsection (c) of
5    Section 6-205 of this Code and subparagraph (A) of
6    paragraph 3 of subsection (c) of this Section. The
7    Secretary may revoke a restricted driving permit or amend
8    the conditions of a restricted driving permit issued under
9    this subparagraph (F) if the holder operates a vehicle that
10    is not equipped with an ignition interlock device, or for
11    any other reason authorized under this Code.
12        A restricted driving permit issued under this
13    subparagraph (F) shall be revoked, and the holder barred
14    from applying for or being issued a restricted driving
15    permit in the future, if the holder is convicted of a
16    violation of Section 11-501 of this Code, a similar
17    provision of a local ordinance, or a similar offense in
18    another state.
19    (c-3) In the case of a suspension under paragraph 43 of
20subsection (a), reports received by the Secretary of State
21under this Section shall, except during the actual time the
22suspension is in effect, be privileged information and for use
23only by the courts, police officers, prosecuting authorities,
24the driver licensing administrator of any other state, the
25Secretary of State, or the parent or legal guardian of a driver
26under the age of 18. However, beginning January 1, 2008, if the

 

 

HB3037- 35 -LRB100 06233 AXK 16268 b

1person is a CDL holder, the suspension shall also be made
2available to the driver licensing administrator of any other
3state, the U.S. Department of Transportation, and the affected
4driver or motor carrier or prospective motor carrier upon
5request.
6    (c-4) In the case of a suspension under paragraph 43 of
7subsection (a), the Secretary of State shall notify the person
8by mail that his or her driving privileges and driver's license
9will be suspended one month after the date of the mailing of
10the notice.
11    (c-5) The Secretary of State may, as a condition of the
12reissuance of a driver's license or permit to an applicant
13whose driver's license or permit has been suspended before he
14or she reached the age of 21 years pursuant to any of the
15provisions of this Section, require the applicant to
16participate in a driver remedial education course and be
17retested under Section 6-109 of this Code.
18    (d) This Section is subject to the provisions of the
19Drivers License Compact.
20    (e) The Secretary of State shall not issue a restricted
21driving permit to a person under the age of 16 years whose
22driving privileges have been suspended or revoked under any
23provisions of this Code.
24    (f) In accordance with 49 C.F.R. 384, the Secretary of
25State may not issue a restricted driving permit for the
26operation of a commercial motor vehicle to a person holding a

 

 

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1CDL whose driving privileges have been suspended, revoked,
2cancelled, or disqualified under any provisions of this Code.
3(Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726,
4eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15;
599-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16;
699-607, eff. 7-22-16; 99-642, eff. 7-28-16.)
 
7    (625 ILCS 5/11-501.01)
8    Sec. 11-501.01. Additional administrative sanctions.
9    (a) After a finding of guilt and prior to any final
10sentencing or an order for supervision, for an offense based
11upon an arrest for a violation of Section 11-501 or a similar
12provision of a local ordinance, individuals shall be required
13to undergo a professional evaluation to determine if an
14alcohol, drug, or intoxicating compound abuse problem exists
15and the extent of the problem, and undergo the imposition of
16treatment as appropriate. Programs conducting these
17evaluations shall be licensed by the Department of Human
18Services. The cost of any professional evaluation shall be paid
19for by the individual required to undergo the professional
20evaluation.
21    (b) Any person who is found guilty of or pleads guilty to
22violating Section 11-501, including any person receiving a
23disposition of court supervision for violating that Section,
24may be required by the Court to attend a victim impact panel
25offered by, or under contract with, a county State's Attorney's

 

 

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1office, a probation and court services department, Mothers
2Against Drunk Driving, or the Alliance Against Intoxicated
3Motorists. All costs generated by the victim impact panel shall
4be paid from fees collected from the offender or as may be
5determined by the court.
6    (c) Every person found guilty of violating Section 11-501,
7whose operation of a motor vehicle while in violation of that
8Section proximately caused any incident resulting in an
9appropriate emergency response, shall be liable for the expense
10of an emergency response as provided in subsection (i) of this
11Section.
12    (d) The Secretary of State shall revoke the driving
13privileges of any person convicted under Section 11-501 or a
14similar provision of a local ordinance.
15    (e) For offenses committed before January 1, 2017, the The
16Secretary of State shall require the use of ignition interlock
17devices for a period not less than 5 years on all vehicles
18owned by a person who has been convicted of a second or
19subsequent offense of Section 11-501 or a similar provision of
20a local ordinance. For offenses committed on or after January
211, 2017, the Secretary of State shall require the use of
22ignition interlock devices for a period of not less than 5
23years on all vehicles owned by a person who has been convicted
24of a second or subsequent offense under Section 11-501 of this
25Code or a similar provision of a local ordinance or
26out-of-state offense, Section 9-3 of the Criminal Code of 1961

 

 

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1or the Criminal Code of 2012 in which the use of alcohol or
2other drugs is recited as an element of the offense or a
3similar out-of-state offense, or a combination of these
4offenses arising out of separate occurrences, if that person is
5issued a restricted driving permit. A person required to use an
6ignition interlock device under this subsection (e) The person
7must pay to the Secretary of State DUI Administration Fund an
8amount not to exceed $30 for each month that he or she uses the
9device. The Secretary shall establish by rule and regulation
10the procedures for certification and use of the interlock
11system, the amount of the fee, and the procedures, terms, and
12conditions relating to these fees. During the time period in
13which a person is required to install an ignition interlock
14device under this subsection (e), that person shall only
15operate vehicles in which ignition interlock devices have been
16installed, except as allowed by subdivision (c)(5) or (d)(5) of
17Section 6-205 of this Code.
18    (f) In addition to any other penalties and liabilities, a
19person who is found guilty of or pleads guilty to violating
20Section 11-501, including any person placed on court
21supervision for violating Section 11-501, shall be assessed
22$750, payable to the circuit clerk, who shall distribute the
23money as follows: $350 to the law enforcement agency that made
24the arrest, and $400 shall be forwarded to the State Treasurer
25for deposit into the General Revenue Fund. If the person has
26been previously convicted of violating Section 11-501 or a

 

 

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1similar provision of a local ordinance, the fine shall be
2$1,000, and the circuit clerk shall distribute $200 to the law
3enforcement agency that made the arrest and $800 to the State
4Treasurer for deposit into the General Revenue Fund. In the
5event that more than one agency is responsible for the arrest,
6the amount payable to law enforcement agencies shall be shared
7equally. Any moneys received by a law enforcement agency under
8this subsection (f) shall be used for enforcement and
9prevention of driving while under the influence of alcohol,
10other drug or drugs, intoxicating compound or compounds or any
11combination thereof, as defined by Section 11-501 of this Code,
12including but not limited to the purchase of law enforcement
13equipment and commodities that will assist in the prevention of
14alcohol related criminal violence throughout the State; police
15officer training and education in areas related to alcohol
16related crime, including but not limited to DUI training; and
17police officer salaries, including but not limited to salaries
18for hire back funding for safety checkpoints, saturation
19patrols, and liquor store sting operations. Any moneys received
20by the Department of State Police under this subsection (f)
21shall be deposited into the State Police DUI Fund and shall be
22used to purchase law enforcement equipment that will assist in
23the prevention of alcohol related criminal violence throughout
24the State.
25    (g) The Secretary of State Police DUI Fund is created as a
26special fund in the State treasury. All moneys received by the

 

 

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1Secretary of State Police under subsection (f) of this Section
2shall be deposited into the Secretary of State Police DUI Fund
3and, subject to appropriation, shall be used for enforcement
4and prevention of driving while under the influence of alcohol,
5other drug or drugs, intoxicating compound or compounds or any
6combination thereof, as defined by Section 11-501 of this Code,
7including but not limited to the purchase of law enforcement
8equipment and commodities to assist in the prevention of
9alcohol related criminal violence throughout the State; police
10officer training and education in areas related to alcohol
11related crime, including but not limited to DUI training; and
12police officer salaries, including but not limited to salaries
13for hire back funding for safety checkpoints, saturation
14patrols, and liquor store sting operations.
15    (h) Whenever an individual is sentenced for an offense
16based upon an arrest for a violation of Section 11-501 or a
17similar provision of a local ordinance, and the professional
18evaluation recommends remedial or rehabilitative treatment or
19education, neither the treatment nor the education shall be the
20sole disposition and either or both may be imposed only in
21conjunction with another disposition. The court shall monitor
22compliance with any remedial education or treatment
23recommendations contained in the professional evaluation.
24Programs conducting alcohol or other drug evaluation or
25remedial education must be licensed by the Department of Human
26Services. If the individual is not a resident of Illinois,

 

 

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1however, the court may accept an alcohol or other drug
2evaluation or remedial education program in the individual's
3state of residence. Programs providing treatment must be
4licensed under existing applicable alcoholism and drug
5treatment licensure standards.
6    (i) In addition to any other fine or penalty required by
7law, an individual convicted of a violation of Section 11-501,
8Section 5-7 of the Snowmobile Registration and Safety Act,
9Section 5-16 of the Boat Registration and Safety Act, or a
10similar provision, whose operation of a motor vehicle,
11snowmobile, or watercraft while in violation of Section 11-501,
12Section 5-7 of the Snowmobile Registration and Safety Act,
13Section 5-16 of the Boat Registration and Safety Act, or a
14similar provision proximately caused an incident resulting in
15an appropriate emergency response, shall be required to make
16restitution to a public agency for the costs of that emergency
17response. The restitution may not exceed $1,000 per public
18agency for each emergency response. As used in this subsection
19(i), "emergency response" means any incident requiring a
20response by a police officer, a firefighter carried on the
21rolls of a regularly constituted fire department, or an
22ambulance. With respect to funds designated for the Department
23of State Police, the moneys shall be remitted by the circuit
24court clerk to the State Police within one month after receipt
25for deposit into the State Police DUI Fund. With respect to
26funds designated for the Department of Natural Resources, the

 

 

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1Department of Natural Resources shall deposit the moneys into
2the Conservation Police Operations Assistance Fund.
3    (j) A person that is subject to a chemical test or tests of
4blood under subsection (a) of Section 11-501.1 or subdivision
5(c)(2) of Section 11-501.2 of this Code, whether or not that
6person consents to testing, shall be liable for the expense up
7to $500 for blood withdrawal by a physician authorized to
8practice medicine, a licensed physician assistant, a licensed
9advanced practice nurse, a registered nurse, a trained
10phlebotomist, a licensed paramedic, or a qualified person other
11than a police officer approved by the Department of State
12Police to withdraw blood, who responds, whether at a law
13enforcement facility or a health care facility, to a police
14department request for the drawing of blood based upon refusal
15of the person to submit to a lawfully requested breath test or
16probable cause exists to believe the test would disclose the
17ingestion, consumption, or use of drugs or intoxicating
18compounds if:
19        (1) the person is found guilty of violating Section
20    11-501 of this Code or a similar provision of a local
21    ordinance; or
22        (2) the person pleads guilty to or stipulates to facts
23    supporting a violation of Section 11-503 of this Code or a
24    similar provision of a local ordinance when the plea or
25    stipulation was the result of a plea agreement in which the
26    person was originally charged with violating Section

 

 

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1    11-501 of this Code or a similar local ordinance.
2(Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13;
398-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16;
499-642, eff. 7-28-16.)