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Public Act 099-0296


 

Public Act 0296 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0296
 
HB3533 EnrolledLRB099 09065 RJF 29254 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 6-205, 6-208, and 11-501.01 as follows:
 
    (625 ILCS 5/6-205)
    Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
    (a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license, permit, or driving
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:
        1. Reckless homicide resulting from the operation of a
    motor vehicle;
        2. Violation of Section 11-501 of this Code or a
    similar provision of a local ordinance relating to the
    offense of operating or being in physical control of a
    vehicle while under the influence of alcohol, other drug or
    drugs, intoxicating compound or compounds, or any
    combination thereof;
        3. Any felony under the laws of any State or the
    federal government in the commission of which a motor
    vehicle was used;
        4. Violation of Section 11-401 of this Code relating to
    the offense of leaving the scene of a traffic accident
    involving death or personal injury;
        5. Perjury or the making of a false affidavit or
    statement under oath to the Secretary of State under this
    Code or under any other law relating to the ownership or
    operation of motor vehicles;
        6. Conviction upon 3 charges of violation of Section
    11-503 of this Code relating to the offense of reckless
    driving committed within a period of 12 months;
        7. Conviction of any offense defined in Section 4-102
    of this Code;
        8. Violation of Section 11-504 of this Code relating to
    the offense of drag racing;
        9. Violation of Chapters 8 and 9 of this Code;
        10. Violation of Section 12-5 of the Criminal Code of
    1961 or the Criminal Code of 2012 arising from the use of a
    motor vehicle;
        11. Violation of Section 11-204.1 of this Code relating
    to aggravated fleeing or attempting to elude a peace
    officer;
        12. Violation of paragraph (1) of subsection (b) of
    Section 6-507, or a similar law of any other state,
    relating to the unlawful operation of a commercial motor
    vehicle;
        13. Violation of paragraph (a) of Section 11-502 of
    this Code or a similar provision of a local ordinance if
    the driver has been previously convicted of a violation of
    that Section or a similar provision of a local ordinance
    and the driver was less than 21 years of age at the time of
    the offense;
        14. Violation of paragraph (a) of Section 11-506 of
    this Code or a similar provision of a local ordinance
    relating to the offense of street racing;
        15. A second or subsequent conviction of driving while
    the person's driver's license, permit or privileges was
    revoked for reckless homicide or a similar out-of-state
    offense;
        16. Any offense against any provision in this Code, or
    any local ordinance, regulating the movement of traffic
    when that offense was the proximate cause of the death of
    any person. Any person whose driving privileges have been
    revoked pursuant to this paragraph may seek to have the
    revocation terminated or to have the length of revocation
    reduced by requesting an administrative hearing with the
    Secretary of State prior to the projected driver's license
    application eligibility date;
        17. Violation of subsection (a-2) of Section 11-1301.3
    of this Code or a similar provision of a local ordinance;
        18. A second or subsequent conviction of illegal
    possession, while operating or in actual physical control,
    as a driver, of a motor vehicle, of any controlled
    substance prohibited under the Illinois Controlled
    Substances Act, any cannabis prohibited under the Cannabis
    Control Act, or any methamphetamine prohibited under the
    Methamphetamine Control and Community Protection Act. A
    defendant found guilty of this offense while operating a
    motor vehicle shall have an entry made in the court record
    by the presiding judge that this offense did occur while
    the defendant was operating a motor vehicle and order the
    clerk of the court to report the violation to the Secretary
    of State.
    (b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
        1. Of any minor upon receiving the notice provided for
    in Section 5-901 of the Juvenile Court Act of 1987 that the
    minor has been adjudicated under that Act as having
    committed an offense relating to motor vehicles prescribed
    in Section 4-103 of this Code;
        2. Of any person when any other law of this State
    requires either the revocation or suspension of a license
    or permit;
        3. Of any person adjudicated under the Juvenile Court
    Act of 1987 based on an offense determined to have been
    committed in furtherance of the criminal activities of an
    organized gang as provided in Section 5-710 of that Act,
    and that involved the operation or use of a motor vehicle
    or the use of a driver's license or permit. The revocation
    shall remain in effect for the period determined by the
    court. Upon the direction of the court, the Secretary shall
    issue the person a judicial driving permit, also known as a
    JDP. The JDP shall be subject to the same terms as a JDP
    issued under Section 6-206.1, except that the court may
    direct that a JDP issued under this subdivision (b)(3) be
    effective immediately.
    (c)(1) Whenever a person is convicted of any of the
offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard to
whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment or
within the scope of the petitioner's employment related duties,
or to allow the petitioner to transport himself or herself or a
family member of the petitioner's household to a medical
facility for the receipt of necessary medical care or to allow
the petitioner to transport himself or herself to and from
alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or to allow the
petitioner to transport himself or herself or a family member
of the petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the petitioner
to transport children, elderly persons, or disabled persons who
do not hold driving privileges and are living in the
petitioner's household to and from daycare; if the petitioner
is able to demonstrate that no alternative means of
transportation is reasonably available and that the petitioner
will not endanger the public safety or welfare; provided that
the Secretary's discretion shall be limited to cases where
undue hardship, as defined by the rules of the Secretary of
State, would result from a failure to issue the restricted
driving permit. Those multiple offenders identified in
subdivision (b)4 of Section 6-208 of this Code, however, shall
not be eligible for the issuance of a restricted driving
permit.
        (2) If a person's license or permit is revoked or
    suspended due to 2 or more convictions of violating Section
    11-501 of this Code or a similar provision of a local
    ordinance or a similar out-of-state offense, or Section 9-3
    of the Criminal Code of 1961 or the Criminal Code of 2012,
    where 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, that person, if issued a restricted driving
    permit, may not operate a vehicle unless it has been
    equipped with an ignition interlock device as defined in
    Section 1-129.1.
        (3) If:
            (A) a person's license or permit is revoked or
        suspended 2 or more times within a 10 year period due
        to any combination of:
                (i) a single conviction of violating Section
            11-501 of this Code or a similar provision of a
            local ordinance or a similar out-of-state offense,
            or Section 9-3 of the Criminal Code of 1961 or the
            Criminal Code of 2012, where the use of alcohol or
            other drugs is recited as an element of the
            offense, or a similar out-of-state offense; or
                (ii) a statutory summary suspension or
            revocation under Section 11-501.1; or
                (iii) a suspension pursuant to Section
            6-203.1;
        arising out of separate occurrences; or
            (B) a person has been convicted of one violation of
        Section 6-303 of this Code committed while his or her
        driver's license, permit, or privilege was revoked
        because of a violation of Section 9-3 of the Criminal
        Code of 1961 or the Criminal Code of 2012, relating to
        the offense of reckless homicide where the use of
        alcohol or other drugs was recited as an element of the
        offense, or a similar provision of a law of another
        state;
    that person, if issued a restricted driving permit, may not
    operate a vehicle unless it has been equipped with an
    ignition interlock device as defined in Section 1-129.1.
        (4) The person issued a permit conditioned on the use
    of an ignition interlock device must pay to the Secretary
    of State DUI Administration Fund an amount not to exceed
    $30 per month. The Secretary shall establish by rule the
    amount and the procedures, terms, and conditions relating
    to these fees.
        (5) If the restricted driving permit is issued for
    employment purposes, then the prohibition against
    operating a motor vehicle that is not equipped with an
    ignition interlock device does not apply to the operation
    of an occupational vehicle owned or leased by that person's
    employer when used solely for employment purposes.
        (6) In each case the Secretary of State may issue a
    restricted driving permit for a period he deems
    appropriate, except that the permit shall expire within one
    year from the date of issuance. The Secretary may not,
    however, issue a restricted driving permit to any person
    whose current revocation is the result of a second or
    subsequent conviction for a violation of Section 11-501 of
    this Code or a similar provision of a local ordinance or
    any similar out-of-state offense, or Section 9-3 of the
    Criminal Code of 1961 or the Criminal Code of 2012, where
    the use of alcohol or other drugs is recited as an element
    of the offense, or any similar out-of-state offense, or any
    combination of these offenses, until the expiration of at
    least one year from the date of the revocation. A
    restricted driving permit issued under this Section shall
    be subject to cancellation, revocation, and suspension by
    the Secretary of State in like manner and for like cause as
    a driver's license issued under this Code may be cancelled,
    revoked, or suspended; except that a conviction upon one or
    more offenses against laws or ordinances regulating the
    movement of traffic shall be deemed sufficient cause for
    the revocation, suspension, or cancellation of a
    restricted driving permit. The Secretary of State may, as a
    condition to the issuance of a restricted driving permit,
    require the petitioner to participate in a designated
    driver remedial or rehabilitative program. The Secretary
    of State is authorized to cancel a restricted driving
    permit if the permit holder does not successfully complete
    the program. However, if an individual's driving
    privileges have been revoked in accordance with paragraph
    13 of subsection (a) of this Section, no restricted driving
    permit shall be issued until the individual has served 6
    months of the revocation period.
    (c-5) (Blank).
    (c-6) If a person is convicted of a second violation of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked, where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide or a similar out-of-state offense, the person's
driving privileges shall be revoked pursuant to subdivision
(a)(15) of this Section. The person may not make application
for a license or permit until the expiration of five years from
the effective date of the revocation or the expiration of five
years from the date of release from a term of imprisonment,
whichever is later.
    (c-7) If a person is convicted of a third or subsequent
violation of operating a motor vehicle while the person's
driver's license, permit or privilege was revoked, where the
revocation was for a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 relating to the
offense of reckless homicide or a similar out-of-state offense,
the person may never apply for a license or permit.
    (d)(1) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that
person. One year after the date of revocation, and upon
application, the Secretary of State may, if satisfied that the
person applying will not endanger the public safety or welfare,
issue a restricted driving permit granting the privilege of
driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of
one year. After this one year period, and upon reapplication
for a license as provided in Section 6-106, upon payment of the
appropriate reinstatement fee provided under paragraph (b) of
Section 6-118, the Secretary of State, in his discretion, may
reinstate the petitioner's driver's license and driving
privileges, or extend the restricted driving permit as many
times as the Secretary of State deems appropriate, by
additional periods of not more than 12 months each.
        (2) If a person's license or permit is revoked or
    suspended due to 2 or more convictions of violating Section
    11-501 of this Code or a similar provision of a local
    ordinance or a similar out-of-state offense, or Section 9-3
    of the Criminal Code of 1961 or the Criminal Code of 2012,
    where 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, that person, if issued a restricted driving
    permit, may not operate a vehicle unless it has been
    equipped with an ignition interlock device as defined in
    Section 1-129.1.
        (3) If a person's license or permit is revoked or
    suspended 2 or more times within a 10 year period due to
    any combination of:
            (A) a single conviction of violating Section
        11-501 of this Code or a similar provision of a local
        ordinance or a similar out-of-state offense, or
        Section 9-3 of the Criminal Code of 1961 or the
        Criminal Code of 2012, where the use of alcohol or
        other drugs is recited as an element of the offense, or
        a similar out-of-state offense; or
            (B) a statutory summary suspension or revocation
        under Section 11-501.1; or
            (C) a suspension pursuant to Section 6-203.1;
    arising out of separate occurrences, that person, if issued
    a restricted driving permit, may not operate a vehicle
    unless it has been equipped with an ignition interlock
    device as defined in Section 1-129.1.
        (4) The person issued a permit conditioned upon the use
    of an interlock device must pay to the Secretary of State
    DUI Administration Fund an amount not to exceed $30 per
    month. The Secretary shall establish by rule the amount and
    the procedures, terms, and conditions relating to these
    fees.
        (5) If the restricted driving permit is issued for
    employment purposes, then the prohibition against driving
    a vehicle that is not equipped with an ignition interlock
    device does not apply to the operation of an occupational
    vehicle owned or leased by that person's employer when used
    solely for employment purposes.
        (6) A restricted driving permit issued under this
    Section shall be subject to cancellation, revocation, and
    suspension by the Secretary of State in like manner and for
    like cause as a driver's license issued under this Code may
    be cancelled, revoked, or suspended; except that a
    conviction upon one or more offenses against laws or
    ordinances regulating the movement of traffic shall be
    deemed sufficient cause for the revocation, suspension, or
    cancellation of a restricted driving permit.
    (d-5) The revocation of the license, permit, or driving
privileges of a person convicted of a third or subsequent
violation of Section 6-303 of this Code committed while his or
her driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of reckless
homicide, or a similar provision of a law of another state, is
permanent. The Secretary may not, at any time, issue a license
or permit to that person.
    (e) This Section is subject to the provisions of the Driver
License Compact.
    (f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like
period of time.
    (g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
    (h) The Secretary of State shall require the use of
ignition interlock devices for a period not less than 5 years
on all vehicles owned by a person who has been convicted of a
second or subsequent offense under Section 11-501 of this Code
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.
    (i) (Blank).
    (j) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been revoked, suspended,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.
1-1-13; 97-1150, eff. 1-25-13.)
 
    (625 ILCS 5/6-208)  (from Ch. 95 1/2, par. 6-208)
    Sec. 6-208. Period of Suspension - Application After
Revocation.
    (a) Except as otherwise provided by this Code or any other
law of this State, the Secretary of State shall not suspend a
driver's license, permit, or privilege to drive a motor vehicle
on the highways for a period of more than one year.
    (b) Any person whose license, permit, or privilege to drive
a motor vehicle on the highways has been revoked shall not be
entitled to have such license, permit, or privilege renewed or
restored. However, such person may, except as provided under
subsections (d) and (d-5) of Section 6-205, make application
for a license pursuant to Section 6-106 (i) if the revocation
was for a cause that has been removed or (ii) as provided in
the following subparagraphs:
        1. Except as provided in subparagraphs 1.3, 1.5, 2, 3,
    4, and 5, the person may make application for a license (A)
    after the expiration of one year from the effective date of
    the revocation, (B) in the case of a violation of paragraph
    (b) of Section 11-401 of this Code or a similar provision
    of a local ordinance, after the expiration of 3 years from
    the effective date of the revocation, or (C) in the case of
    a violation of Section 9-3 of the Criminal Code of 1961 or
    the Criminal Code of 2012 or a similar provision of a law
    of another state relating to the offense of reckless
    homicide or a violation of subparagraph (F) of paragraph 1
    of subsection (d) of Section 11-501 of this Code relating
    to aggravated driving under the influence of alcohol, other
    drug or drugs, intoxicating compound or compounds, or any
    combination thereof, if the violation was the proximate
    cause of a death, after the expiration of 2 years from the
    effective date of the revocation or after the expiration of
    24 months from the date of release from a period of
    imprisonment as provided in Section 6-103 of this Code,
    whichever is later.
        1.3. If the person is convicted of a second or
    subsequent violation of Section 11-501 of this Code or a
    similar provision of a local ordinance or a similar
    out-of-state offense, or 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, that person may not make application for a
    driver's license until:
            (A) the person has first been issued a restricted
        driving permit by the Secretary of State; and
            (B) the expiration of a continuous period of not
        less than 5 years following the issuance of the
        restricted driving permit during which the person's
        restricted driving permit is not suspended, cancelled,
        or revoked for a violation of any provision of law, or
        any rule or regulation of the Secretary of State
        relating to the required use of an ignition interlock
        device.
        1.5. If the person is convicted of a violation of
    Section 6-303 of this Code committed while his or her
    driver's license, permit, or privilege was revoked because
    of a violation of Section 9-3 of the Criminal Code of 1961
    or the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a similar provision of a law of
    another state, the person may not make application for a
    license or permit until the expiration of 3 years from the
    date of the conviction.
        2. If such person is convicted of committing a second
    violation within a 20-year period of:
            (A) Section 11-501 of this Code or a similar
        provision of a local ordinance;
            (B) Paragraph (b) of Section 11-401 of this Code or
        a similar provision of a local ordinance;
            (C) Section 9-3 of the Criminal Code of 1961 or the
        Criminal Code of 2012, relating to the offense of
        reckless homicide; or
            (D) any combination of the above offenses
        committed at different instances;
    then such person may not make application for a license
    until after the expiration of 5 years from the effective
    date of the most recent revocation. The 20-year period
    shall be computed by using the dates the offenses were
    committed and shall also include similar out-of-state
    offenses and similar offenses committed on a military
    installation.
        2.5. If a person is convicted of a second violation of
    Section 6-303 of this Code committed while the person's
    driver's license, permit, or privilege was revoked because
    of a violation of Section 9-3 of the Criminal Code of 1961
    or the Criminal Code of 2012, relating to the offense of
    reckless homicide, or a similar provision of a law of
    another state, the person may not make application for a
    license or permit until the expiration of 5 years from the
    date of release from a term of imprisonment.
        3. However, except as provided in subparagraph 4, if
    such person is convicted of committing a third or
    subsequent violation or any combination of the above
    offenses, including similar out-of-state offenses and
    similar offenses committed on a military installation,
    contained in subparagraph 2, then such person may not make
    application for a license until after the expiration of 10
    years from the effective date of the most recent
    revocation.
        4. The person may not make application for a license if
    the person is convicted of committing a fourth or
    subsequent violation of Section 11-501 of this Code or a
    similar provision of a local ordinance, Section 11-401 of
    this Code, Section 9-3 of the Criminal Code of 1961 or the
    Criminal Code of 2012, or a combination of these offenses,
    similar provisions of local ordinances, similar
    out-of-state offenses, or similar offenses committed on a
    military installation.
        5. The person may not make application for a license or
    permit if the person is convicted of a third or subsequent
    violation of Section 6-303 of this Code committed while his
    or her driver's license, permit, or privilege was revoked
    because of a violation of Section 9-3 of the Criminal Code
    of 1961 or the Criminal Code of 2012, relating to the
    offense of reckless homicide, or a similar provision of a
    law of another state.
    Notwithstanding any other provision of this Code, all
persons referred to in this paragraph (b) may not have their
privileges restored until the Secretary receives payment of the
required reinstatement fee pursuant to subsection (b) of
Section 6-118.
    In no event shall the Secretary issue such license unless
and until such person has had a hearing pursuant to this Code
and the appropriate administrative rules and the Secretary is
satisfied, after a review or investigation of such person, that
to grant the privilege of driving a motor vehicle on the
highways will not endanger the public safety or welfare.
    (c) (Blank).
(Source: P.A. 96-607, eff. 8-24-09; 97-1150, eff. 1-25-13.)
 
    (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 for a period not less than 5 years
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 for enforcement and
prevention of driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof, as defined by Section 11-501 of this Code,
including but not limited to the purchase of law enforcement
equipment and commodities that will assist in the prevention of
alcohol related criminal violence throughout the State; police
officer training and education in areas related to alcohol
related crime, including but not limited to DUI training; and
police officer salaries, including but not limited to salaries
for hire back funding for safety checkpoints, saturation
patrols, and liquor store sting operations. 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 for enforcement
and prevention of driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof, as defined by Section 11-501 of this Code,
including but not limited to the purchase of law enforcement
equipment and commodities to assist in the prevention of
alcohol related criminal violence throughout the State; police
officer training and education in areas related to alcohol
related crime, including but not limited to DUI training; and
police officer salaries, including but not limited to salaries
for hire back funding for safety checkpoints, saturation
patrols, and liquor store sting operations.
    (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.
    (j) A person that is subject to a chemical test or tests of
blood under subsection (a) of Section 11-501.1 or subdivision
(c)(2) of Section 11-501.2 of this Code, whether or not that
person consents to testing, shall be liable for the expense up
to $500 for blood withdrawal by a physician authorized to
practice medicine, a licensed physician assistant, a licensed
advanced practice nurse, a registered nurse, a trained
phlebotomist, a licensed paramedic, or a qualified person other
than a police officer approved by the Department of State
Police to withdraw blood, who responds, whether at a law
enforcement facility or a health care facility, to a police
department request for the drawing of blood based upon refusal
of the person to submit to a lawfully requested breath test or
probable cause exists to believe the test would disclose the
ingestion, consumption, or use of drugs or intoxicating
compounds if:
        (1) the person is found guilty of violating Section
    11-501 of this Code or a similar provision of a local
    ordinance; or
        (2) the person pleads guilty to or stipulates to facts
    supporting a violation of Section 11-503 of this Code or a
    similar provision of a local ordinance when the plea or
    stipulation was the result of a plea agreement in which the
    person was originally charged with violating Section
    11-501 of this Code or a similar local ordinance.
(Source: P.A. 97-931, eff. 1-1-13; 97-1050, eff. 1-1-13;
98-292, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973, eff.
8-15-14.)

Effective Date: 1/1/2016