91st General Assembly
Summary of HB3292
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House Sponsors:
HULTGREN-BELLOCK-OSMOND AND FRANKS.

Short description: 
VEH CD-DUI-COURT SUPERVISION                                               

Synopsis of Bill as introduced:
        Amends the Unified Code of Corrections. Provides  that  a  person      
   sentenced for driving under the influence of alcohol or other drugs or      
   a similar violation of a local ordinance may not receive a disposition      
   of  court  supervision  if the person at the time of arrest refused to      
   submit to a chemical test or tests of blood, breath,  or  urine  under      
   the  Illinois  Vehicle Code to determine the content of alcohol, other      
   drugs, or intoxicating compounds  in  the  person's  blood.  Effective      
   January 1, 2001.                                                            
          FISCAL NOTE (Department of Corrections)                              
          Corrections population and fiscal impacts would be minimal.          
          CORRECTIONAL NOTE (Department of Corrections)                        
          Same as DOC fiscal note.                                             
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          730/5/5-5-3                                                          
          Adds reference to:                                                   
          625 ILCS 5/11-501               from Ch. 95 1/2, par. 11-501         
          625 ILCS 5/11-501.2             from Ch. 95 1/2, par. 11-501.2       
          625 ILCS 5/11-501.4             from Ch. 95 1/2, par. 11-501.4       
          625 ILCS 5/11-501.5             from Ch. 95 1/2, par. 11-501.5       
        Amends the Illinois Vehicle Code.   Deletes  language  specifying      
   the term of imprisonment for aggravated DUI, other than in cases where      
   the  offense  caused  great  bodily  harm,  permanent  disability,  or      
   disfigurement  to  another.   Provides that during DUI investigations,      
   hospital personnel must withdraw blood and obtain  urine  samples  for      
   purposes  of  analysis  at  the request of a police officer.  Provides      
   that a serum blood alcohol level of 0.10 is prima facie evidence of  a      
   DUI  violation.   Provides  that  evidence  of  serum blood alcohol is      
   evidence of impairment for purposes of a  DUI  prosecution.   Provides      
   that the results of a preliminary breath screening test are admissible      
   by  the State during a proceeding challenging probable cause for a DUI      
   arrest.   Provides   that   evidence   of   noncompliance   with   the      
   recommendations  of  the  manufacturer  of the breath screening device      
   does not affect the admissibility of the test  results  at  a  hearing      
   challenging  probable cause. Provides that the mandatory penalties for      
   a second offense of driving under the influence of  alcohol  or  other      
   drugs apply when a person commits a violation of the DUI provisions of      
   the Code or a similar provision of a local ordinance within 5 years of      
   a  previous  violation  of the DUI provisions of the Code or a similar      
   provision of a local ordinance or a similar  provision  of  a  law  of      
   another  state (rather than when the person commits a violation of the      
   DUI provisions of the Code or a similar provision of a local ordinance      
   or a similar provision of a law of another state within 5 years  of  a      
   previous  violation  of  the  DUI  provisions of the Code or a similar      
   provision of a local ordinance).                                            
 
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


   END OF INQUIRY 



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