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91_SB1498eng SB1498 Engrossed LRB9112784DHmb 1 AN ACT in relation to fines for driving under the 2 influence of alcohol or drugs. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The State Finance Act is amended by changing 6 Section 5.414 as follows: 7 (30 ILCS 105/5.414) 8 Sec. 5.414. The State PoliceCrime LaboratoryDUI Fund. 9 (Source: P.A. 89-54, eff. 6-30-95; 89-626, eff. 8-9-96.) 10 Section 10. The Illinois Vehicle Code is amended by 11 changing Section 11-501 as follows: 12 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) 13 Sec. 11-501. Driving while under the influence of 14 alcohol, other drug or drugs, intoxicating compound or 15 compounds or any combination thereof. 16 (a) A person shall not drive or be in actual physical 17 control of any vehicle within this State while: 18 (1) the alcohol concentration in the person's blood 19 or breath is 0.08 or more based on the definition of 20 blood and breath units in Section 11-501.2; 21 (2) under the influence of alcohol; 22 (3) under the influence of any intoxicating 23 compound or combination of intoxicating compounds to a 24 degree that renders the person incapable of driving 25 safely; 26 (4) under the influence of any other drug or 27 combination of drugs to a degree that renders the person 28 incapable of safely driving; 29 (5) under the combined influence of alcohol, other SB1498 Engrossed -2- LRB9112784DHmb 1 drug or drugs, or intoxicating compound or compounds to a 2 degree that renders the person incapable of safely 3 driving; or 4 (6) there is any amount of a drug, substance, or 5 compound in the person's breath, blood, or urine 6 resulting from the unlawful use or consumption of 7 cannabis listed in the Cannabis Control Act, a controlled 8 substance listed in the Illinois Controlled Substances 9 Act, or an intoxicating compound listed in the Use of 10 Intoxicating Compounds Act. 11 (b) The fact that any person charged with violating this 12 Section is or has been legally entitled to use alcohol, other 13 drug or drugs, or intoxicating compound or compounds, or any 14 combination thereof, shall not constitute a defense against 15 any charge of violating this Section. 16 (c) Except as provided under paragraphs (c-3) and (d) of 17 this Section, every person convicted of violating this 18 Section or a similar provision of a local ordinance, shall be 19 guilty of a Class A misdemeanor and, in addition to any other 20 criminal or administrative action, for any second conviction 21 of violating this Section or a similar provision of a law of 22 another state or local ordinance committed within 5 years of 23 a previous violation of this Section or a similar provision 24 of a local ordinance shall be mandatorily sentenced to a 25 minimum of 48 consecutive hours of imprisonment or assigned 26 to a minimum of 100 hours of community service as may be 27 determined by the court. Every person convicted of violating 28 this Section or a similar provision of a local ordinance 29 shall be subject to a mandatory minimum fine of $500 and a 30 mandatory 5 days of community service in a program benefiting 31 children if the person committed a violation of paragraph (a) 32 or a similar provision of a local ordinance while 33 transporting a person under age 16. Every person convicted a 34 second time for violating this Section or a similar provision SB1498 Engrossed -3- LRB9112784DHmb 1 of a local ordinance within 5 years of a previous violation 2 of this Section or a similar provision of a law of another 3 state or local ordinance shall be subject to a mandatory 4 minimum fine of $500 and 10 days of mandatory community 5 service in a program benefiting children if the current 6 offense was committed while transporting a person under age 7 16. The imprisonment or assignment under this subsection 8 shall not be subject to suspension nor shall the person be 9 eligible for probation in order to reduce the sentence or 10 assignment. 11 (c-1) (1) A person who violates this Section during a 12 period in which his or her driving privileges are revoked 13 or suspended, where the revocation or suspension was for 14 a violation of this Section, Section 11-501.1, paragraph 15 (b) of Section 11-401, or Section 9-3 of the Criminal 16 Code of 1961 is guilty of a Class 4 felony. 17 (2) A person who violates this Section a third time 18 during a period in which his or her driving privileges 19 are revoked or suspended where the revocation or 20 suspension was for a violation of this Section, Section 21 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 22 of the Criminal Code of 1961 is guilty of a Class 3 23 felony. 24 (3) A person who violates this Section a fourth or 25 subsequent time during a period in which his or her 26 driving privileges are revoked or suspended where the 27 revocation or suspension was for a violation of this 28 Section, Section 11-501.1, paragraph (b) of Section 29 11-401, or Section 9-3 of the Criminal Code of 1961 is 30 guilty of a Class 2 felony. 31 (c-2) (Blank). 32 (c-3) Every person convicted of violating this Section 33 or a similar provision of a local ordinance who had a child 34 under age 16 in the vehicle at the time of the offense shall SB1498 Engrossed -4- LRB9112784DHmb 1 have his or her punishment under this Act enhanced by 2 days 2 of imprisonment for a first offense, 10 days of imprisonment 3 for a second offense, 30 days of imprisonment for a third 4 offense, and 90 days of imprisonment for a fourth or 5 subsequent offense, in addition to the fine and community 6 service required under subsection (c) and the possible 7 imprisonment required under subsection (d). The imprisonment 8 or assignment under this subsection shall not be subject to 9 suspension nor shall the person be eligible for probation in 10 order to reduce the sentence or assignment. 11 (d) (1) Every person convicted of committing a violation 12 of this Section shall be guilty of aggravated driving under 13 the influence of alcohol, other drug or drugs, or 14 intoxicating compound or compounds, or any combination 15 thereof if: 16 (A) the person committed a violation of this 17 Section, or a similar provision of a law of another state 18 or a local ordinance when the cause of action is the same 19 as or substantially similar to this Section, for the 20 third or subsequent time; 21 (B) the person committed a violation of paragraph 22 (a) while driving a school bus with children on board; 23 (C) the person in committing a violation of 24 paragraph (a) was involved in a motor vehicle accident 25 that resulted in great bodily harm or permanent 26 disability or disfigurement to another, when the 27 violation was a proximate cause of the injuries; or 28 (D) the person committed a violation of paragraph 29 (a) for a second time and has been previously convicted 30 of violating Section 9-3 of the Criminal Code of 1961 31 relating to reckless homicide in which the person was 32 determined to have been under the influence of alcohol, 33 other drug or drugs, or intoxicating compound or 34 compounds as an element of the offense or the person has SB1498 Engrossed -5- LRB9112784DHmb 1 previously been convicted under subparagraph (C) of this 2 paragraph (1). 3 (2) Aggravated driving under the influence of alcohol, 4 other drug or drugs, or intoxicating compound or compounds, 5 or any combination thereof is a Class 4 felony for which a 6 person, if sentenced to a term of imprisonment, shall be 7 sentenced to not less than one year and not more than 3 years 8 for a violation of subparagraph (A), (B) or (D) of paragraph 9 (1) of this subsection (d) and not less than one year and not 10 more than 12 years for a violation of subparagraph (C) of 11 paragraph (1) of this subsection (d). For any prosecution 12 under this subsection (d), a certified copy of the driving 13 abstract of the defendant shall be admitted as proof of any 14 prior conviction. 15 (e) After a finding of guilt and prior to any final 16 sentencing, or an order for supervision, for an offense based 17 upon an arrest for a violation of this Section or a similar 18 provision of a local ordinance, individuals shall be required 19 to undergo a professional evaluation to determine if an 20 alcohol, drug, or intoxicating compound abuse problem exists 21 and the extent of the problem. Programs conducting these 22 evaluations shall be licensed by the Department of Human 23 Services. The cost of any professional evaluation shall be 24 paid for by the individual required to undergo the 25 professional evaluation. 26 (f) Every person found guilty of violating this Section, 27 whose operation of a motor vehicle while in violation of this 28 Section proximately caused any incident resulting in an 29 appropriate emergency response, shall be liable for the 30 expense of an emergency response as provided under Section 31 5-5-3 of the Unified Code of Corrections. 32 (g) The Secretary of State shall revoke the driving 33 privileges of any person convicted under this Section or a 34 similar provision of a local ordinance. SB1498 Engrossed -6- LRB9112784DHmb 1 (h) Every person sentenced under subsection (d) of this 2 Section and who receives a term of probation or conditional 3 discharge shall be required to serve a minimum term of either 4 30 days community service or, beginning July 1, 1993, 48 5 consecutive hours of imprisonment as a condition of the 6 probation or conditional discharge. This mandatory minimum 7 term of imprisonment or assignment of community service shall 8 not be suspended and shall not be subject to reduction by the 9 court. 10 (i) The Secretary of State may use ignition interlock 11 device requirements when granting driving relief to 12 individuals who have been arrested for a second or subsequent 13 offense of this Section or a similar provision of a local 14 ordinance. The Secretary shall establish by rule and 15 regulation the procedures for use of the interlock system. 16 (j) In addition to any other penalties and liabilities, 17 a person who is found guilty of or pleads guilty to violating 18 this Section, including any person placed on court 19 supervision for violating this Section, shall be fined $100, 20 payable to the circuit clerk, who shall distribute the money 21 to the law enforcement agency that made the arrest. In the 22 event that more than one agency is responsible for the 23 arrest, the $100 shall be shared equally. Any moneys 24 received by a law enforcement agency under this subsection 25 (j) shall be used to purchase law enforcement equipment that 26 will assist in the prevention of alcohol related criminal 27 violence throughout the State. This shall include, but is 28 not limited to, in-car video cameras, radar and laser speed 29 detection devices, and alcohol breath testers. Any moneys 30 received by the Department of State Police under this 31 subsection (j) shall be deposited into the State Police DUI 32 Fund and shall be used to purchase law enforcement equipment 33 that will assist in the prevention of alcohol related 34 criminal violence throughout the State. SB1498 Engrossed -7- LRB9112784DHmb 1 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 2 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 3 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357, 4 eff. 7-29-99.) 5 Section 15. The Unified Code of Corrections is amended 6 by changing Section 5-9-1.9 as follows: 7 (730 ILCS 5/5-9-1.9) 8 Sec. 5-9-1.9. DUI analysis fee. 9 (a) "Crime laboratory" means a not-for-profit laboratory 10 substantially funded by a single unit or combination of units 11 of local government or the State of Illinois that regularly 12 employs at least one person engaged in the DUI analysis of 13 blood and urine for criminal justice agencies in criminal 14 matters and provides testimony with respect to such 15 examinations. 16 "DUI analysis" means an analysis of blood or urine for 17 purposes of determining whether a violation of Section 11-501 18 of the Illinois Vehicle Code has occurred. 19 (b) When a person has been adjudged guilty of an offense 20 in violation of Section 11-501 of the Illinois Vehicle Code, 21 in addition to any other disposition, penalty, or fine 22 imposed, a crime laboratory DUI analysis fee of $150 for each 23 offense for which the person was convicted shall be levied by 24 the court for each case in which a laboratory analysis 25 occurred. Upon verified petition of the person, the court 26 may suspend payment of all or part of the fee if it finds 27 that the person does not have the ability to pay the fee. 28 (c) In addition to any other disposition made under the 29 provisions of the Juvenile Court Act of 1987, any minor 30 adjudicated delinquent for an offense which if committed by 31 an adult would constitute a violation of Section 11-501 of 32 the Illinois Vehicle Code shall be assessed a crime SB1498 Engrossed -8- LRB9112784DHmb 1 laboratory DUI analysis fee of $150 for each adjudication. 2 Upon verified petition of the minor, the court may suspend 3 payment of all or part of the fee if it finds that the minor 4 does not have the ability to pay the fee. The parent, 5 guardian, or legal custodian of the minor may pay some or all 6 of the fee on the minor's behalf. 7 (d) All crime laboratory DUI analysis fees provided for 8 by this Section shall be collected by the clerk of the court 9 and forwarded to the appropriate crime laboratory DUI fund as 10 provided in subsection (f). 11 (e) Crime laboratory funds shall be established as 12 follows: 13 (1) A unit of local government that maintains a 14 crime laboratory may establish a crime laboratory DUI 15 fund within the office of the county or municipal 16 treasurer. 17 (2) Any combination of units of local government 18 that maintains a crime laboratory may establish a crime 19 laboratory DUI fund within the office of the treasurer of 20 the county where the crime laboratory is situated. 21 (3) The State PoliceCrime LaboratoryDUI Fund is 22 created as a special fund in the State Treasury. 23 (f) The analysis fee provided for in subsections (b) and 24 (c) of this Section shall be forwarded to the office of the 25 treasurer of the unit of local government that performed the 26 analysis if that unit of local government has established a 27 crime laboratory DUI fund, or to the State Treasurer for 28 deposit into the State PoliceCrime LaboratoryDUI Fund if 29 the analysis was performed by a laboratory operated by the 30 Department of State Police. If the analysis was performed by 31 a crime laboratory funded by a combination of units of local 32 government, the analysis fee shall be forwarded to the 33 treasurer of the county where the crime laboratory is 34 situated if a crime laboratory DUI fund has been established SB1498 Engrossed -9- LRB9112784DHmb 1 in that county. If the unit of local government or 2 combination of units of local government has not established 3 a crime laboratory DUI fund, then the analysis fee shall be 4 forwarded to the State Treasurer for deposit into the State 5 PoliceCrime LaboratoryDUI Fund. The clerk of the circuit 6 court may retain the amount of $10 from each collected 7 analysis fee to offset administrative costs incurred in 8 carrying out the clerk's responsibilities under this Section. 9 (g) Fees deposited into a crime laboratory DUI fund 10 created under paragraphs (1) and (2) of subsection (e) of 11 this Section shall be in addition to any allocations made 12 pursuant to existing law and shall be designated for the 13 exclusive use of the crime laboratory. These uses may 14 include, but are not limited to, the following: 15 (1) Costs incurred in providing analysis for DUI 16 investigations conducted within this State. 17 (2) Purchase and maintenance of equipment for use 18 in performing analyses. 19 (3) Continuing education, training, and 20 professional development of forensic scientists regularly 21 employed by these laboratories. 22 (h) Fees deposited in the State PoliceCrime Laboratory23 DUI Fund created under paragraph (3) of subsection (e) of 24 this Section shall be used by State crime laboratories as 25 designated by the Director of State Police. These funds 26 shall be in addition to any allocations made according to 27 existing law and shall be designated for the exclusive use of 28 State crime laboratories. These uses may include those 29 enumerated in subsection (g) of this Section. 30 (Source: P.A. 89-54, eff. 6-30-95.) 31 Section 99. Effective date. This Act takes effect upon 32 becoming law.