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Public Act 097-0931


 

Public Act 0931 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0931
 
HB4577 EnrolledLRB097 15094 HEP 60190 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 11-501.01 and 16-104a as follows:
 
    (625 ILCS 5/11-501.01)
    Sec. 11-501.01. Additional administrative sanctions.
    (a) After a finding of guilt and prior to any final
sentencing or an order for supervision, for an offense based
upon an arrest for a violation of Section 11-501 or a similar
provision of a local ordinance, individuals shall be required
to undergo a professional evaluation to determine if an
alcohol, drug, or intoxicating compound abuse problem exists
and the extent of the problem, and undergo the imposition of
treatment as appropriate. Programs conducting these
evaluations shall be licensed by the Department of Human
Services. The cost of any professional evaluation shall be paid
for by the individual required to undergo the professional
evaluation.
    (b) Any person who is found guilty of or pleads guilty to
violating Section 11-501, including any person receiving a
disposition of court supervision for violating that Section,
may be required by the Court to attend a victim impact panel
offered by, or under contract with, a county State's Attorney's
office, a probation and court services department, Mothers
Against Drunk Driving, or the Alliance Against Intoxicated
Motorists. All costs generated by the victim impact panel shall
be paid from fees collected from the offender or as may be
determined by the court.
    (c) Every person found guilty of violating Section 11-501,
whose operation of a motor vehicle while in violation of that
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the expense
of an emergency response as provided in subsection (i) of this
Section.
    (d) The Secretary of State shall revoke the driving
privileges of any person convicted under Section 11-501 or a
similar provision of a local ordinance.
    (e) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by a person
who has been convicted of a second or subsequent offense of
Section 11-501 or a similar provision of a local ordinance. The
person must pay to the Secretary of State DUI Administration
Fund an amount not to exceed $30 for each month that he or she
uses the device. The Secretary shall establish by rule and
regulation the procedures for certification and use of the
interlock system, the amount of the fee, and the procedures,
terms, and conditions relating to these fees.
    (f) In addition to any other penalties and liabilities, a
person who is found guilty of or pleads guilty to violating
Section 11-501, including any person placed on court
supervision for violating Section 11-501, shall be assessed
$750, payable to the circuit clerk, who shall distribute the
money as follows: $350 to the law enforcement agency that made
the arrest, and $400 shall be forwarded to the State Treasurer
for deposit into the General Revenue Fund. If the person has
been previously convicted of violating Section 11-501 or a
similar provision of a local ordinance, the fine shall be
$1,000, and the circuit clerk shall distribute $200 to the law
enforcement agency that made the arrest and $800 to the State
Treasurer for deposit into the General Revenue Fund. In the
event that more than one agency is responsible for the arrest,
the amount payable to law enforcement agencies shall be shared
equally. Any moneys received by a law enforcement agency under
this subsection (f) shall be used to purchase law enforcement
equipment that will assist in the prevention of alcohol related
criminal violence throughout the State. This shall include, but
is not limited to, in-car video cameras, radar and laser speed
detection devices, and alcohol breath testers. Any moneys
received by the Department of State Police under this
subsection (f) shall be deposited into the State Police DUI
Fund and shall be used to purchase law enforcement equipment
that will assist in the prevention of alcohol related criminal
violence throughout the State.
    (g) The Secretary of State Police DUI Fund is created as a
special fund in the State treasury. All moneys received by the
Secretary of State Police under subsection (f) of this Section
shall be deposited into the Secretary of State Police DUI Fund
and, subject to appropriation, shall be used to purchase law
enforcement equipment to assist in the prevention of alcohol
related criminal violence throughout the State.
    (h) Whenever an individual is sentenced for an offense
based upon an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance, and the professional
evaluation recommends remedial or rehabilitative treatment or
education, neither the treatment nor the education shall be the
sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment
recommendations contained in the professional evaluation.
Programs conducting alcohol or other drug evaluation or
remedial education must be licensed by the Department of Human
Services. If the individual is not a resident of Illinois,
however, the court may accept an alcohol or other drug
evaluation or remedial education program in the individual's
state of residence. Programs providing treatment must be
licensed under existing applicable alcoholism and drug
treatment licensure standards.
    (i) In addition to any other fine or penalty required by
law, an individual convicted of a violation of Section 11-501,
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision, whose operation of a motor vehicle,
snowmobile, or watercraft while in violation of Section 11-501,
Section 5-7 of the Snowmobile Registration and Safety Act,
Section 5-16 of the Boat Registration and Safety Act, or a
similar provision proximately caused an incident resulting in
an appropriate emergency response, shall be required to make
restitution to a public agency for the costs of that emergency
response. The restitution may not exceed $1,000 per public
agency for each emergency response. As used in this subsection
(i), "emergency response" means any incident requiring a
response by a police officer, a firefighter carried on the
rolls of a regularly constituted fire department, or an
ambulance. With respect to funds designated for the Department
of State Police, the moneys shall be remitted by the circuit
court clerk to the State Police within one month after receipt
for deposit into the State Police DUI Fund. With respect to
funds designated for the Department of Natural Resources, the
Department of Natural Resources shall deposit the moneys into
the Conservation Police Operations Assistance Fund.
(Source: P.A. 95-578, eff. 6-1-08; 95-848, eff. 1-1-09;
96-1342, eff. 1-1-11.)
 
    (625 ILCS 5/16-104a)  (from Ch. 95 1/2, par. 16-104a)
    Sec. 16-104a. Additional penalty for certain violations.
    (a) There is added to every fine imposed upon conviction of
an offense reportable to the Secretary of State under the
provisions of subdivision (a)(2) of Section 6-204 of this Act
an additional penalty of $4 for each $40, or fraction thereof,
of fine imposed. Each such additional penalty received shall be
remitted within one month to the State Treasurer to be
deposited into the Drivers Education Fund, unless the
additional penalty is subject to disbursement by the circuit
clerk under Section 27.5 of the Clerks of Courts Act. Such
additional amounts shall be assessed by the court and shall be
collected by the Clerk of the Circuit Court in addition to the
fine and costs in the case. Such additional penalty shall not
be considered a part of the fine for purposes of any reduction
made in the fine for time served either before or after
sentencing. Not later than March 1 of each year the Clerk of
the Circuit Court shall submit to the State Comptroller a
report of the amount of funds remitted by him to the State
Treasurer under this Section during the preceding calendar
year. Except as otherwise provided by Supreme Court Rules, if a
court in sentencing an offender levies a gross amount for fine,
costs, fees and penalties, the amount of the additional penalty
provided for herein shall be computed on the amount remaining
after deducting from the gross amount levied all fees of the
Circuit Clerk, the State's Attorney and the Sheriff. After
deducting from the gross amount levied the fees and additional
penalty provided for herein, less any other additional
penalties provided by law, the clerk shall remit the net
balance remaining to the entity authorized by law to receive
the fine imposed in the case. For purposes of this Section
"fees of the Circuit Clerk" shall include, if applicable, the
fee provided for under Section 27.3a of the Clerks of Courts
Act and the fee, if applicable, payable to the county in which
the violation occurred pursuant to Section 5-1101 of the
Counties Code.
    When bail is forfeited for failure to appear in connection
with an offense reportable to the Secretary of State under
subdivision (a)(2) of Section 6-204 of this Act, and no fine is
imposed ex parte, $4 of every $40 cash deposit, or fraction
thereof, given to secure appearance shall be remitted within
one month to the State Treasurer to be deposited into the
Drivers Education Fund, unless the bail is subject to
disbursement by the circuit clerk under Section 27.5 of the
Clerks of Courts Act.
    (b) In addition to any other fine or penalty required by
law for a person convicted of a violation of Section 11-503 or
11-601.5 of this Code or a similar provision of a local
ordinance, the court may, in its discretion, require the person
to pay an additional criminal penalty that shall be distributed
in its entirety to a public agency that provided an emergency
response related to the person's violation. The criminal
penalty may not exceed $100 per public agency for each
emergency response provided for a first violation of Section
11-503 or 11-601.5 of this Code or a similar provision of a
local ordinance. The criminal penalty may not exceed $500 per
public agency for each emergency response provided for a second
or subsequent violation of Section 11-503 or 11-601.5 of this
Code or a similar provision of a local ordinance. As used in
this subsection, "emergency response" means any incident
requiring a response by a police officer, an ambulance, a
firefighter carried on the rolls of a regularly constituted
fire department or fire protection district, a firefighter of a
volunteer fire department, or a member if a recognized
not-for-profit rescue or emergency medical service provider.
With respect to funds designated for the Department of State
Police, the moneys shall be remitted by the circuit court clerk
to the State Police within one month after receipt for deposit
into the State Police Operations Assistance Fund. With respect
to funds designated for the Department of Natural Resources,
the Department of Natural Resources shall deposit the moneys
into the Conservation Police Operations Assistance Fund.
(Source: P.A. 96-1173, eff. 7-22-10.)

Effective Date: 1/1/2013