Full Text of HB7349 93rd General Assembly
HB7349 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7349
Introduced 11/08/04, by Rep. William B. Black SYNOPSIS AS INTRODUCED:
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625 ILCS 5/11-501 |
from Ch. 95 1/2, par. 11-501 |
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Amends the Illinois Vehicle Code. Provides that any person convicted a fourth time of DUI is not eligible for probation or conditional discharge. Effective January 1, 2005.
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A BILL FOR
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HB7349 |
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LRB093 23466 DRH 53459 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | | 5 |
| Section 11-501 as follows:
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| (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | | 7 |
| Sec. 11-501. Driving while under the influence of alcohol, | | 8 |
| other drug or
drugs, intoxicating compound or compounds or any | | 9 |
| combination thereof.
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| (a) A person shall not drive or be in actual
physical | | 11 |
| control of any vehicle within this State while:
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| (1) the alcohol concentration in the person's blood or | | 13 |
| breath is 0.08
or more based on the definition of blood and | | 14 |
| breath units in Section 11-501.2;
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| (2) under the influence of alcohol;
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| (3) under the influence of any intoxicating compound or | | 17 |
| combination of
intoxicating compounds to a degree that | | 18 |
| renders the person incapable of
driving safely;
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| (4) under the influence of any other drug or | | 20 |
| combination of drugs to a
degree that renders the person | | 21 |
| incapable of safely driving;
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| (5) under the combined influence of alcohol, other drug | | 23 |
| or drugs, or
intoxicating compound or compounds to a degree | | 24 |
| that renders the person
incapable of safely driving; or
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| (6) there is any amount of a drug, substance, or | | 26 |
| compound in the
person's breath, blood, or urine resulting | | 27 |
| from the unlawful use or consumption
of cannabis listed in | | 28 |
| the Cannabis Control Act, a controlled substance listed
in | | 29 |
| the Illinois Controlled Substances Act, or an intoxicating | | 30 |
| compound listed
in the Use of Intoxicating Compounds Act.
| | 31 |
| (b) The fact that any person charged with violating this | | 32 |
| Section is or
has been legally entitled to use alcohol, other |
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HB7349 |
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LRB093 23466 DRH 53459 b |
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| drug or drugs, or
intoxicating compound or compounds, or any
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| combination thereof, shall not constitute a defense against any | | 3 |
| charge of
violating this Section.
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| (b-1) With regard to penalties imposed under this Section:
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| (1) Any reference to a prior violation of subsection | | 6 |
| (a) or a similar
provision includes any violation of a | | 7 |
| provision of a local ordinance or a
provision of a law of | | 8 |
| another state that is similar to a violation of
subsection | | 9 |
| (a) of this Section.
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| (2) Any penalty imposed for driving with a license that | | 11 |
| has been revoked
for a previous violation of subsection (a) | | 12 |
| of this Section shall be in
addition to the penalty imposed | | 13 |
| for any subsequent violation of subsection (a).
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| (b-2) Except as otherwise provided in this Section, any | | 15 |
| person convicted of
violating subsection (a) of this Section is | | 16 |
| guilty of a Class A misdemeanor.
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| (b-3) In addition to any other criminal or administrative | | 18 |
| sanction for any
second conviction of violating subsection (a) | | 19 |
| or a similar provision committed
within 5 years of a previous | | 20 |
| violation of subsection (a) or a similar
provision, the | | 21 |
| defendant shall be sentenced to a mandatory minimum of 5 days | | 22 |
| of
imprisonment or assigned a mandatory minimum of 240 hours of | | 23 |
| community service
as may be determined by the court.
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| (b-4) In the case of a third or subsequent violation | | 25 |
| committed within 5
years of a previous violation of subsection | | 26 |
| (a) or a similar provision, in
addition to any other criminal | | 27 |
| or administrative sanction, a mandatory minimum
term of either | | 28 |
| 10 days of imprisonment or 480 hours of community service shall
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| be imposed.
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| (b-5) The imprisonment or assignment of community service | | 31 |
| under subsections
(b-3) and (b-4) shall not be subject to | | 32 |
| suspension, nor shall the person be
eligible for a reduced | | 33 |
| sentence.
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| (b-6) A person convicted of violating subsection (a) or a | | 35 |
| similar provision a fourth or subsequent time is guilty of a | | 36 |
| Class 2 felony and is not eligible for a sentence of probation |
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HB7349 |
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LRB093 23466 DRH 53459 b |
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| or conditional discharge.
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| (c) (Blank).
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| (c-1) (1) A person who violates subsection (a)
during
a | | 4 |
| period in which his
or her driving privileges are revoked | | 5 |
| or suspended, where the revocation or
suspension was for a | | 6 |
| violation of subsection (a), Section
11-501.1, paragraph | | 7 |
| (b)
of Section 11-401, or for reckless homicide as defined | | 8 |
| in Section 9-3 of
the Criminal Code of 1961 is guilty of a
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| Class 4 felony.
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| (2) A person who violates subsection (a) a third
time, | | 11 |
| if the third violation occurs during a period in
which his | | 12 |
| or her driving privileges are revoked or suspended where | | 13 |
| the
revocation
or suspension was for a violation of | | 14 |
| subsection (a),
Section 11-501.1, paragraph
(b) of Section | | 15 |
| 11-401, or for reckless homicide as defined in Section 9-3
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| of the Criminal Code of 1961, is guilty of
a Class 3 | | 17 |
| felony.(2.1) A person who violates subsection (a) a third | | 18 |
| time, if the third
violation occurs during a period in | | 19 |
| which his or her driving privileges are
revoked or | | 20 |
| suspended where the revocation or suspension was for a | | 21 |
| violation of
subsection (a), Section 11-501.1, subsection | | 22 |
| (b) of Section 11-401, or for
reckless homicide as defined | | 23 |
| in Section
9-3 of the Criminal Code of 1961, is guilty of a | | 24 |
| Class 3 felony; and if the
person receives a term of
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| probation or conditional discharge, he or she shall be | | 26 |
| required to serve a
mandatory
minimum of 10 days of | | 27 |
| imprisonment or shall be assigned a mandatory minimum of
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| 480 hours of community service, as may be determined by the | | 29 |
| court, as a
condition of the probation or conditional | | 30 |
| discharge. This mandatory minimum
term of imprisonment or | | 31 |
| assignment of community service shall not be suspended
or | | 32 |
| reduced by the court.
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| (2.2) A person who violates subsection (a), if the
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| violation occurs during a period in which his or her | | 35 |
| driving privileges are
revoked or suspended where the | | 36 |
| revocation or suspension was for a violation of
subsection |
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| (a) or Section 11-501.1, shall also be sentenced to an | | 2 |
| additional
mandatory minimum term of 30 consecutive days of | | 3 |
| imprisonment, 40 days of
24-hour periodic imprisonment, or | | 4 |
| 720 hours of community service, as may be
determined by the | | 5 |
| court. This mandatory term of imprisonment or assignment of
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| community service shall not be suspended or reduced by the | | 7 |
| court.
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| (3) A person who violates subsection (a) a fourth or
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| subsequent time, if the fourth or subsequent violation | | 10 |
| occurs
during a period in which his
or her driving | | 11 |
| privileges are revoked or suspended where the revocation
or | | 12 |
| suspension was for a violation of subsection (a),
Section | | 13 |
| 11-501.1, paragraph
(b) of Section 11-401, or for reckless | | 14 |
| homicide as defined in
Section 9-3
of
the Criminal Code of | | 15 |
| 1961, is guilty of
a Class 2 felony and is not eligible for | | 16 |
| a sentence of probation or
conditional discharge.
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| (c-2) (Blank).
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| (c-3) (Blank).
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| (c-4) (Blank).
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| (c-5) A person who violates subsection (a), if the person | | 21 |
| was transporting
a person under the age of 16 at the time of | | 22 |
| the violation, is subject to an
additional mandatory minimum | | 23 |
| fine of $1,000, an additional mandatory minimum
140 hours of | | 24 |
| community service, which shall include 40 hours of community
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| service in a program benefiting children, and an additional 2 | | 26 |
| days of
imprisonment. The imprisonment or assignment of | | 27 |
| community service under this
subsection (c-5) is not subject to | | 28 |
| suspension, nor is the person eligible for
a reduced sentence.
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| (c-6) Except as provided in subsections (c-7) and (c-8) a | | 30 |
| person who
violates
subsection (a) a second time, if at the | | 31 |
| time of
the second violation the person was transporting a | | 32 |
| person under the age of 16,
is subject to an additional 10 days | | 33 |
| of imprisonment, an additional mandatory
minimum fine of | | 34 |
| $1,000, and an additional mandatory minimum 140 hours of
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| community service, which shall include 40 hours of community | | 36 |
| service in a
program benefiting children.
The imprisonment or |
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HB7349 |
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LRB093 23466 DRH 53459 b |
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| assignment of community service under this subsection (c-6)
is | | 2 |
| not subject to suspension, nor is the person eligible for a | | 3 |
| reduced
sentence.
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| (c-7) Except as provided in subsection (c-8), any person | | 5 |
| convicted of
violating subsection (c-6) or a similar
provision | | 6 |
| within 10 years of a previous violation of subsection (a) or a
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| similar provision shall receive, in addition to any other | | 8 |
| penalty imposed, a
mandatory minimum 12 days imprisonment, an | | 9 |
| additional 40 hours of mandatory
community service in a program | | 10 |
| benefiting children, and a mandatory minimum
fine of $1,750. | | 11 |
| The imprisonment or assignment of community service under this
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| subsection (c-7) is not subject to suspension, nor is the | | 13 |
| person
eligible for a reduced sentence.
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| (c-8) Any person convicted of violating subsection (c-6) or | | 15 |
| a similar
provision within 5 years of a previous violation of | | 16 |
| subsection (a) or a similar
provision shall receive, in | | 17 |
| addition to any other penalty imposed, an
additional 80 hours | | 18 |
| of mandatory community service in a program benefiting
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| children, an additional mandatory minimum 12 days of | | 20 |
| imprisonment, and a
mandatory minimum fine of $1,750. The | | 21 |
| imprisonment or assignment of community
service under this | | 22 |
| subsection (c-8) is not subject to suspension, nor
is the
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| person eligible for a reduced sentence.
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| (c-9) Any person convicted a third time for violating | | 25 |
| subsection (a) or a
similar provision, if at the time of the | | 26 |
| third violation the person was
transporting a person under the | | 27 |
| age of 16, is guilty of a Class 4 felony and shall
receive, in | | 28 |
| addition to any other
penalty imposed, an additional mandatory | | 29 |
| fine of $1,000, an additional
mandatory 140 hours of community | | 30 |
| service, which shall include 40 hours in a
program benefiting | | 31 |
| children, and a mandatory minimum 30 days of imprisonment.
The | | 32 |
| imprisonment or assignment of community service under this | | 33 |
| subsection (c-9)
is not subject to suspension, nor is the | | 34 |
| person eligible for a reduced
sentence.
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| (c-10) Any person convicted of violating subsection (c-9) | | 36 |
| or a similar
provision a third time within 20 years of a |
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LRB093 23466 DRH 53459 b |
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| previous violation of subsection
(a) or a
similar provision is | | 2 |
| guilty of a Class 4 felony and shall receive, in addition
to | | 3 |
| any other penalty imposed, an additional mandatory 40 hours of | | 4 |
| community
service in a program benefiting children, an | | 5 |
| additional mandatory fine of
$3,000
$3000, and a mandatory | | 6 |
| minimum 120 days of imprisonment. The imprisonment or
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| assignment of community service under this subsection (c-10) is | | 8 |
| not subject to
suspension, nor is the person eligible for a | | 9 |
| reduced sentence.
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| (c-11) Any person convicted a fourth or subsequent time for | | 11 |
| violating
subsection (a) or a similar provision, if at the time | | 12 |
| of the fourth or
subsequent violation the person was | | 13 |
| transporting a person under the age of 16,
and if the person's | | 14 |
| 3 prior violations of subsection (a) or a similar provision
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| occurred while transporting a person under the age of 16 or | | 16 |
| while the alcohol
concentration in his or her blood, breath, or | | 17 |
| urine was 0.16 or more based
on the definition of blood, | | 18 |
| breath, or urine units in Section 11-501.2, is
guilty of a | | 19 |
| Class 2 felony, is not eligible for probation or conditional
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| discharge, and is subject to a minimum fine of $3,000.
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| (c-12) Any person convicted of a first violation of | | 22 |
| subsection (a) or a
similar provision, if the alcohol | | 23 |
| concentration in his or her blood, breath, or
urine was 0.16 or | | 24 |
| more based on the definition of blood, breath, or urine
units | | 25 |
| in Section 11-501.2, shall be subject, in addition to any other | | 26 |
| penalty
that may be imposed, to a mandatory minimum of 100 | | 27 |
| hours of community service
and a mandatory minimum fine of | | 28 |
| $500.
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| (c-13) Any person convicted of a second violation of | | 30 |
| subsection (a) or a similar provision committed within 10 years | | 31 |
| of a previous violation of subsection (a) or a similar | | 32 |
| provision committed within 10 years of a previous violation of | | 33 |
| subsection (a) or a similar provision, if at the time of the | | 34 |
| second violation of subsection (a) or a similar provision the
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| alcohol concentration in his or her blood, breath, or urine was | | 36 |
| 0.16 or more
based on the definition of blood, breath, or urine |
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HB7349 |
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LRB093 23466 DRH 53459 b |
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| units in Section 11-501.2,
shall be
subject, in addition to any | | 2 |
| other penalty that may be imposed, to a mandatory
minimum of 2 | | 3 |
| days of imprisonment and a mandatory minimum fine of $1,250.
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| (c-14) Any person convicted of a third violation of | | 5 |
| subsection (a) or a
similar provision within 20 years of a | | 6 |
| previous violation of subsection (a) or
a
similar provision, if | | 7 |
| at the time of the third violation of subsection (a) or a
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| similar provision the alcohol concentration in his or her | | 9 |
| blood, breath, or
urine was 0.16 or more based on the | | 10 |
| definition of blood, breath, or urine units
in Section | | 11 |
| 11-501.2, is guilty of a Class 4 felony and shall be subject, | | 12 |
| in
addition to any other penalty that may be imposed, to a | | 13 |
| mandatory minimum of
90 days of imprisonment and a mandatory | | 14 |
| minimum fine of $2,500.
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| (c-15) Any person convicted of a fourth or subsequent | | 16 |
| violation of
subsection
(a) or a similar provision, if at the | | 17 |
| time of the fourth or subsequent
violation the alcohol | | 18 |
| concentration in his or her blood, breath, or urine was
0.16 or | | 19 |
| more based on the definition of blood, breath, or urine units | | 20 |
| in
Section 11-501.2, and if the person's 3 prior violations of | | 21 |
| subsection (a) or a
similar provision occurred while | | 22 |
| transporting a person under the age of 16 or
while the alcohol | | 23 |
| concentration in his or her blood, breath, or urine was 0.16
or | | 24 |
| more based on the definition of blood, breath, or urine units | | 25 |
| in Section
11-501.2, is guilty of a Class 2 felony and is not | | 26 |
| eligible for a sentence of
probation or conditional discharge | | 27 |
| and is subject to a minimum fine of
$2,500.
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| (d) (1) Every person convicted of committing a violation of | | 29 |
| this Section
shall be guilty of aggravated driving under | | 30 |
| the influence of alcohol,
other drug or drugs, or | | 31 |
| intoxicating compound or compounds, or any combination
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| thereof if:
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| (A) the person committed a violation of subsection | | 34 |
| (a) or a similar
provision for the
third or subsequent | | 35 |
| time;
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| (B) the person committed a violation of subsection |
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| (a)
while
driving a school bus with persons 18 years of | | 2 |
| age or younger
on board;
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| (C) the person in committing a violation of | | 4 |
| subsection
(a) was
involved in a motor vehicle accident | | 5 |
| that resulted in great bodily harm or
permanent | | 6 |
| disability or disfigurement to another, when the | | 7 |
| violation was
a proximate cause of the injuries;
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| (D) the person committed a violation of subsection | | 9 |
| (a)
for a
second time and has been previously convicted | | 10 |
| of violating Section 9-3 of the
Criminal Code of 1961 | | 11 |
| or a similar provision of a law of another state | | 12 |
| relating to reckless homicide in which the person was
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| determined to have been under the influence of alcohol, | | 14 |
| other drug or
drugs, or intoxicating compound or | | 15 |
| compounds as an element of the offense or
the person | | 16 |
| has previously been convicted
under subparagraph (C) | | 17 |
| or subparagraph (F) of this paragraph (1);
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| (E) the person, in committing a violation of | | 19 |
| subsection (a) while
driving at any speed in a school | | 20 |
| speed zone at a time when a speed limit of
20 miles per | | 21 |
| hour was in effect under subsection (a) of Section | | 22 |
| 11-605 of
this Code, was involved in a motor vehicle | | 23 |
| accident that resulted in bodily
harm, other than great | | 24 |
| bodily harm or permanent disability or disfigurement,
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| to another person, when the violation of subsection (a) | | 26 |
| was a
proximate cause
of the bodily harm; or
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| (F) the person, in committing a violation of | | 28 |
| subsection (a), was
involved in a motor vehicle, | | 29 |
| snowmobile, all-terrain vehicle, or watercraft
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| accident that resulted in
the death of another person, | | 31 |
| when the violation of subsection
(a) was
a proximate | | 32 |
| cause of the death.
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| (2) Except as provided in this paragraph (2), a person | | 34 |
| convicted of
aggravated driving under
the
influence of | | 35 |
| alcohol, other drug or
drugs,
or intoxicating compound or | | 36 |
| compounds, or any
combination thereof is guilty of a Class |
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| 4 felony. For a violation of
subparagraph (C)
of
paragraph | | 2 |
| (1) of this subsection (d), the defendant, if sentenced to | | 3 |
| a term
of imprisonment, shall be sentenced
to not less than
| | 4 |
| one year nor more than 12 years.
Aggravated driving under | | 5 |
| the influence of alcohol, other drug or drugs,
or | | 6 |
| intoxicating compound or compounds, or any combination | | 7 |
| thereof as
defined in subparagraph (F) of paragraph (1) of | | 8 |
| this subsection (d) is
a Class 2 felony, for which the | | 9 |
| defendant, if sentenced to a term of
imprisonment, shall be | | 10 |
| sentenced to: (A) a
term of imprisonment of not less than 3 | | 11 |
| years and not more
than 14 years if the violation resulted | | 12 |
| in the death of one person; or
(B) a term of imprisonment | | 13 |
| of not less than 6 years and not
more than 28 years if the | | 14 |
| violation resulted in the deaths of 2 or more
persons.
For | | 15 |
| any prosecution under this subsection
(d), a certified copy | | 16 |
| of the
driving abstract of the defendant shall be admitted | | 17 |
| as proof of any prior
conviction.
Any person sentenced | | 18 |
| under this subsection (d) who receives a term of
probation
| | 19 |
| or conditional discharge must serve a minimum term of | | 20 |
| either 480 hours of
community service or 10 days of | | 21 |
| imprisonment as a condition of the probation or
conditional | | 22 |
| discharge. This mandatory minimum term of imprisonment or
| | 23 |
| assignment of community service may not be suspended or | | 24 |
| reduced by the court.
| | 25 |
| (e) After a finding of guilt and prior to any final | | 26 |
| sentencing, or an
order for supervision, for an offense based | | 27 |
| upon an arrest for a
violation of this Section or a similar | | 28 |
| provision of a local ordinance,
individuals shall be required | | 29 |
| to undergo a professional evaluation to
determine if an | | 30 |
| alcohol, drug, or intoxicating compound abuse problem exists
| | 31 |
| and the
extent of the problem, and undergo the imposition of | | 32 |
| treatment as appropriate.
Programs conducting these | | 33 |
| evaluations shall be
licensed by the Department of Human | | 34 |
| Services. The cost of any professional
evaluation shall be paid | | 35 |
| for by the
individual
required to undergo the professional | | 36 |
| evaluation.
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| (e-1) Any person who is found guilty of or pleads guilty to | | 2 |
| violating this
Section, including any person receiving a | | 3 |
| disposition of court supervision for
violating this Section, | | 4 |
| may be required by the Court to attend a victim
impact panel | | 5 |
| offered by, or under contract with, a County State's Attorney's
| | 6 |
| office, a probation and court services department, Mothers | | 7 |
| Against Drunk
Driving,
or the Alliance Against Intoxicated | | 8 |
| Motorists.
All costs generated by
the victim impact panel shall | | 9 |
| be paid from fees collected from the
offender or as may be | | 10 |
| determined by the court.
| | 11 |
| (f) Every person found guilty of violating this Section, | | 12 |
| whose
operation of a motor vehicle while in violation of this | | 13 |
| Section proximately
caused any incident resulting in an | | 14 |
| appropriate emergency response, shall
be liable for the expense | | 15 |
| of an emergency response as provided under
Section 5-5-3 of the | | 16 |
| Unified Code of Corrections.
| | 17 |
| (g) The Secretary of State shall revoke the driving | | 18 |
| privileges of any
person convicted under this Section or a | | 19 |
| similar provision of a local
ordinance.
| | 20 |
| (h) (Blank).
| | 21 |
| (i) The Secretary of State shall require the use of | | 22 |
| ignition interlock
devices on all vehicles owned by an | | 23 |
| individual who has been convicted of a
second
or subsequent | | 24 |
| offense of this Section or a similar provision of a local
| | 25 |
| ordinance. The Secretary shall establish by rule and regulation | | 26 |
| the procedures
for certification and use of the interlock | | 27 |
| system.
| | 28 |
| (j) In addition to any other penalties and liabilities, a | | 29 |
| person who is
found guilty of or pleads guilty to violating | | 30 |
| subsection (a), including any
person placed on court | | 31 |
| supervision for violating subsection (a), shall be fined
$500, | | 32 |
| payable to the
circuit clerk, who shall distribute the money as | | 33 |
| follows: 20% to the law enforcement agency
that made the arrest | | 34 |
| and 80% shall be forwarded to the State Treasurer for deposit | | 35 |
| into the General Revenue Fund. If the person has been | | 36 |
| previously convicted of violating
subsection (a) or a similar |
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| provision of a local
ordinance, the fine shall be
$1,000. In | | 2 |
| the event that more than one agency is responsible
for the | | 3 |
| arrest, the amount payable to law enforcement agencies shall be | | 4 |
| shared equally. Any moneys received
by a law
enforcement agency | | 5 |
| under this subsection (j) shall be used to purchase law
| | 6 |
| enforcement equipment that will assist in the prevention of | | 7 |
| alcohol related
criminal violence throughout the State. This | | 8 |
| shall include, but is not limited
to, in-car video cameras, | | 9 |
| radar and laser speed detection devices, and alcohol
breath | | 10 |
| testers.
Any moneys received by the Department of State Police | | 11 |
| under this subsection
(j) shall be deposited into the State | | 12 |
| Police DUI Fund and shall be used to
purchase law enforcement | | 13 |
| equipment that will assist in the prevention of
alcohol related | | 14 |
| criminal violence throughout the State.
| | 15 |
| (k) The Secretary of State Police DUI Fund is created as a | | 16 |
| special
fund in the State treasury. All moneys received by the | | 17 |
| Secretary of State
Police under subsection (j) of this Section | | 18 |
| shall be deposited into the
Secretary of State Police DUI Fund | | 19 |
| and, subject to appropriation, shall be
used to purchase law | | 20 |
| enforcement equipment to assist in the prevention of
alcohol | | 21 |
| related criminal violence throughout the State.
| | 22 |
| (l) Whenever an individual is sentenced for an offense | | 23 |
| based upon an
arrest for a violation of subsection (a) or a | | 24 |
| similar provision of a local
ordinance, and the professional | | 25 |
| evaluation recommends remedial or
rehabilitative treatment or | | 26 |
| education, neither the treatment nor the education
shall be the | | 27 |
| sole disposition and either or both may be imposed only in
| | 28 |
| conjunction with another disposition. The court shall monitor | | 29 |
| compliance with
any remedial education or treatment | | 30 |
| recommendations contained in the
professional evaluation. | | 31 |
| Programs conducting alcohol or other drug evaluation
or | | 32 |
| remedial education must be licensed by the Department of Human | | 33 |
| Services. If
the individual is not a resident of Illinois, | | 34 |
| however, the court may accept an
alcohol or other drug | | 35 |
| evaluation or remedial education program in the
individual's | | 36 |
| state of residence. Programs providing treatment must be |
|
|
|
HB7349 |
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LRB093 23466 DRH 53459 b |
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| | 1 |
| licensed
under existing applicable alcoholism and drug | | 2 |
| treatment licensure standards.
| | 3 |
| (m) In addition to any other fine or penalty required by | | 4 |
| law, an individual
convicted of a violation of subsection (a), | | 5 |
| Section 5-7 of the Snowmobile
Registration and Safety Act, | | 6 |
| Section 5-16 of the Boat Registration and Safety
Act, or a | | 7 |
| similar provision, whose operation of a motor vehicle, | | 8 |
| snowmobile, or
watercraft while in
violation of subsection (a), | | 9 |
| Section 5-7 of the Snowmobile Registration and
Safety Act, | | 10 |
| Section 5-16 of the Boat Registration and Safety Act, or a | | 11 |
| similar
provision proximately caused an incident resulting in | | 12 |
| an appropriate emergency
response, shall be required to make | | 13 |
| restitution to a public agency for the
costs of that emergency | | 14 |
| response. The restitution may not exceed $1,000 per
public | | 15 |
| agency for each emergency response. As used in this subsection | | 16 |
| (m),
"emergency response" means any incident requiring a | | 17 |
| response by a police
officer, a firefighter carried on the | | 18 |
| rolls of a regularly constituted fire
department, or an | | 19 |
| ambulance.
| | 20 |
| (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01; | | 21 |
| 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02; | | 22 |
| 92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff. | | 23 |
| 7-18-03; 93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, | | 24 |
| eff. 1-1-05; 93-840, eff. 7-30-04; revised 10-21-04.)
| | 25 |
| Section 99. Effective date. This Act takes effect January | | 26 |
| 1, 2005.
|
|
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