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Full Text of SB3763  97th General Assembly

SB3763 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3763

 

Introduced 2/10/2012, by Sen. Emil Jones, III

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-501.01

    Amends the Illinois Vehicle Code. Provides that any person who is found guilty of or pleads guilty to driving while intoxicated, including any person receiving a disposition of court supervision for violating that Section, shall (instead of "may") be required to attend a victim impact panel. Adds Victim Impact Speakers to the list of organizations permitted to run victim impact panels. Effective immediately.


LRB097 19720 HEP 64979 b

 

 

A BILL FOR

 

SB3763LRB097 19720 HEP 64979 b

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
5Section 11-501.01 as follows:
 
6    (625 ILCS 5/11-501.01)
7    Sec. 11-501.01. Additional administrative sanctions.
8    (a) After a finding of guilt and prior to any final
9sentencing or an order for supervision, for an offense based
10upon an arrest for a violation of Section 11-501 or a similar
11provision of a local ordinance, individuals shall be required
12to undergo a professional evaluation to determine if an
13alcohol, drug, or intoxicating compound abuse problem exists
14and the extent of the problem, and undergo the imposition of
15treatment as appropriate. Programs conducting these
16evaluations shall be licensed by the Department of Human
17Services. The cost of any professional evaluation shall be paid
18for by the individual required to undergo the professional
19evaluation.
20    (b) Any person who is found guilty of or pleads guilty to
21violating Section 11-501, including any person receiving a
22disposition of court supervision for violating that Section,
23shall may be required by the Court to attend a victim impact

 

 

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1panel offered by, or under contract with, a county State's
2Attorney's office, a probation and court services department,
3Victim Impact Speakers, Mothers Against Drunk Driving, or the
4Alliance Against Intoxicated Motorists. All costs generated by
5the victim impact panel shall be paid from fees collected from
6the offender or as may be determined by the court.
7    (c) Every person found guilty of violating Section 11-501,
8whose operation of a motor vehicle while in violation of that
9Section proximately caused any incident resulting in an
10appropriate emergency response, shall be liable for the expense
11of an emergency response as provided in subsection (i) of this
12Section.
13    (d) The Secretary of State shall revoke the driving
14privileges of any person convicted under Section 11-501 or a
15similar provision of a local ordinance.
16    (e) The Secretary of State shall require the use of
17ignition interlock devices on all vehicles owned by a person
18who has been convicted of a second or subsequent offense of
19Section 11-501 or a similar provision of a local ordinance. The
20person must pay to the Secretary of State DUI Administration
21Fund an amount not to exceed $30 for each month that he or she
22uses the device. The Secretary shall establish by rule and
23regulation the procedures for certification and use of the
24interlock system, the amount of the fee, and the procedures,
25terms, and conditions relating to these fees.
26    (f) In addition to any other penalties and liabilities, a

 

 

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1person who is found guilty of or pleads guilty to violating
2Section 11-501, including any person placed on court
3supervision for violating Section 11-501, shall be assessed
4$750, payable to the circuit clerk, who shall distribute the
5money as follows: $350 to the law enforcement agency that made
6the arrest, and $400 shall be forwarded to the State Treasurer
7for deposit into the General Revenue Fund. If the person has
8been previously convicted of violating Section 11-501 or a
9similar provision of a local ordinance, the fine shall be
10$1,000, and the circuit clerk shall distribute $200 to the law
11enforcement agency that made the arrest and $800 to the State
12Treasurer for deposit into the General Revenue Fund. In the
13event that more than one agency is responsible for the arrest,
14the amount payable to law enforcement agencies shall be shared
15equally. Any moneys received by a law enforcement agency under
16this subsection (f) shall be used to purchase law enforcement
17equipment that will assist in the prevention of alcohol related
18criminal violence throughout the State. This shall include, but
19is not limited to, in-car video cameras, radar and laser speed
20detection devices, and alcohol breath testers. Any moneys
21received by the Department of State Police under this
22subsection (f) shall be deposited into the State Police DUI
23Fund and shall be used to purchase law enforcement equipment
24that will assist in the prevention of alcohol related criminal
25violence throughout the State.
26    (g) The Secretary of State Police DUI Fund is created as a

 

 

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1special fund in the State treasury. All moneys received by the
2Secretary of State Police under subsection (f) of this Section
3shall be deposited into the Secretary of State Police DUI Fund
4and, subject to appropriation, shall be used to purchase law
5enforcement equipment to assist in the prevention of alcohol
6related criminal violence throughout the State.
7    (h) Whenever an individual is sentenced for an offense
8based upon an arrest for a violation of Section 11-501 or a
9similar provision of a local ordinance, and the professional
10evaluation recommends remedial or rehabilitative treatment or
11education, neither the treatment nor the education shall be the
12sole disposition and either or both may be imposed only in
13conjunction with another disposition. The court shall monitor
14compliance with any remedial education or treatment
15recommendations contained in the professional evaluation.
16Programs conducting alcohol or other drug evaluation or
17remedial education must be licensed by the Department of Human
18Services. If the individual is not a resident of Illinois,
19however, the court may accept an alcohol or other drug
20evaluation or remedial education program in the individual's
21state of residence. Programs providing treatment must be
22licensed under existing applicable alcoholism and drug
23treatment licensure standards.
24    (i) In addition to any other fine or penalty required by
25law, an individual convicted of a violation of Section 11-501,
26Section 5-7 of the Snowmobile Registration and Safety Act,

 

 

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1Section 5-16 of the Boat Registration and Safety Act, or a
2similar provision, whose operation of a motor vehicle,
3snowmobile, or watercraft while in violation of Section 11-501,
4Section 5-7 of the Snowmobile Registration and Safety Act,
5Section 5-16 of the Boat Registration and Safety Act, or a
6similar provision proximately caused an incident resulting in
7an appropriate emergency response, shall be required to make
8restitution to a public agency for the costs of that emergency
9response. The restitution may not exceed $1,000 per public
10agency for each emergency response. As used in this subsection
11(i), "emergency response" means any incident requiring a
12response by a police officer, a firefighter carried on the
13rolls of a regularly constituted fire department, or an
14ambulance.
15(Source: P.A. 95-578, eff. 6-1-08; 95-848, eff. 1-1-09;
1696-1342, eff. 1-1-11.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.