Full Text of HB3806 100th General Assembly
HB3806eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Alcoholism and Other Drug Abuse and | 5 | | Dependency Act is amended by adding Section 10-65 as follows: | 6 | | (20 ILCS 301/10-65 new) | 7 | | Sec. 10-65. DUI Service Provider Effectiveness Program | 8 | | Exploratory Committee. | 9 | | (a) As used in this Section: | 10 | | "Client" means a person who receives DUI treatment or | 11 | | intervention services from a DUI service provider. | 12 | | "Court" means a court of law, traffic tribunal, or circuit | 13 | | court of Illinois, including a judge of a court of law, traffic | 14 | | tribunal, or circuit court of Illinois. | 15 | | "DUI" means a conviction under Section 11-501 of the | 16 | | Illinois Vehicle Code. | 17 | | "DUI service provider" means a provider that provides DUI | 18 | | evaluation and risk education services and programs to DUI | 19 | | offenders, including, but not limited to, court-ordered DUI | 20 | | evaluation, intervention, or treatment services and that: | 21 | | (1) possesses a treatment license as provided in 77 | 22 | | Ill. Adm. Code 2060.201; or | 23 | | (2) possesses an intervention license as provided in 77 |
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| 1 | | Ill. Adm. Code 2060.201 and provides DUI Risk Education or | 2 | | Recovery Home Services as defined in 77 Ill. Adm. Code | 3 | | 2060.201. | 4 | | (b) The DUI Service Provider Effectiveness Program | 5 | | Exploratory Committee is established to create an audit and | 6 | | evaluation process that permits the evaluation of treatment and | 7 | | intervention outcomes of DUI service providers licensed in the | 8 | | State so that persons interested in DUI treatment or | 9 | | intervention services can make informed decisions concerning | 10 | | provider selection and courts can better determine which DUI | 11 | | service providers to keep on their approved-provider lists. | 12 | | Information obtained through the audit and evaluation process | 13 | | shall be made accessible to persons interested in DUI treatment | 14 | | or intervention services, including DUI service providers, | 15 | | courts, and the public, through a central publication as | 16 | | provided in subsection (j). | 17 | | (c) The Committee shall consist of the following members: | 18 | | (1) One State's Attorney appointed by the President of | 19 | | the Illinois State's Attorneys Association. | 20 | | (2) At least one but no more than 3 traffic judges | 21 | | appointed by the Chief Justice of the Illinois Supreme | 22 | | Court. | 23 | | (3) At least one but no more than 3 local law | 24 | | enforcement officers appointed by the Governor. | 25 | | (4) One physician licensed to practice medicine in all | 26 | | its branches appointed by the Governor with due regard for |
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| 1 | | the appointee's knowledge in the field of alcoholism and | 2 | | other drug abuse and dependency. | 3 | | (5) One representative of a trade or professional | 4 | | organization that advocates on behalf of DUI service | 5 | | providers. | 6 | | (6) One representative of a trade or professional | 7 | | organization that advocates on behalf of physicians | 8 | | trained in psychiatry. | 9 | | (7) One representative of an organization that | 10 | | advocates on behalf of persons who suffer with mental | 11 | | illness and substance abuse disorders and who live in rural | 12 | | areas or medically underserved areas. | 13 | | (8) At least 2 but no more than 6 members of the | 14 | | Illinois House of Representatives, half of whom shall be | 15 | | appointed by the Speaker of the House and half of whom | 16 | | shall be appointed by the House Minority Leader. | 17 | | (9) At least 2 but no more than 6 members of the | 18 | | Illinois Senate, half of whom shall be appointed by the | 19 | | Senate President and half of whom shall be appointed by the | 20 | | Senate Minority Leader. | 21 | | (10) The President of the Illinois Alcoholism and Drug | 22 | | Dependence Association or his or her designee. | 23 | | (11) The President of the Community Behavioral | 24 | | Healthcare Association of Illinois or his or her designee. | 25 | | (12) Twenty public members appointed as follows: | 26 | | (A) 8 by the Governor, 2 of whom shall be |
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| 1 | | representatives of alcoholism or other drug abuse and | 2 | | dependency treatment or intervention programs and 2 of | 3 | | whom shall be researchers with experience in outcome | 4 | | analysis and research studies as defined in paragraph | 5 | | (1) of subsection (j); and | 6 | | (B) 3 each by the President of the Senate, the | 7 | | Minority Leader of the Senate, the Speaker of the House | 8 | | of Representatives, and the Minority Leader of the | 9 | | House of Representatives. | 10 | | (13) The Director, Secretary, or other chief | 11 | | administrative officer, ex officio, or his or her designee, | 12 | | of each of the following: the Department of Public Health | 13 | | and the Administrative Office of the Illinois Courts. | 14 | | (14) The Assistant Director of the Division of | 15 | | Probation Services within the Administrative Office of the
| 16 | | Illinois Courts, ex officio, or his or her designee. | 17 | | (15) The Chair of the Criminal Justice Information | 18 | | Authority or other chief administrative officer, ex | 19 | | officio. | 20 | | (16) The Secretary of State, ex officio, or his or her | 21 | | designee. | 22 | | (17) At least one but no more than 3 persons who have | 23 | | received DUI intervention or treatment services from DUI | 24 | | service providers, with a preference toward those persons | 25 | | who have committed more than one violation of Section | 26 | | 11-501 of the Illinois Vehicle Code subsequent to receiving |
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| 1 | | treatment or intervention services from multiple DUI | 2 | | service providers. | 3 | | (18) The Director of the Illinois State Police, ex | 4 | | officio, or his or her designee. | 5 | | (d) The Chief Justice of the Illinois Supreme Court shall | 6 | | select, from among one of his or her appointments made under | 7 | | paragraph (2) of subsection (c), a traffic judge to be the | 8 | | Chairperson of the Committee. The Chairperson shall schedule | 9 | | meetings, take attendance, and perform other tasks as deemed | 10 | | necessary to perform the functions of the Committee. | 11 | | (e) All initial appointments under this Section shall be | 12 | | made at least 60 days but no later than 90 days after the | 13 | | effective date of this amendatory Act of the 100th General | 14 | | Assembly. Vacancies on the Committee shall be filled by | 15 | | individuals possessing the same membership requirements as the | 16 | | original appointee whom the replacement is taking the place of. | 17 | | The Committee shall meet quarterly and at such other times as | 18 | | the
Chairperson determines necessary for the Committee to | 19 | | perform its functions under the Act. However, the Committee's | 20 | | initial meeting shall take place at least 45 days but no later | 21 | | than 60 days after the date upon which all appointments under | 22 | | subsection (c) are made. | 23 | | (f) A quorum of the members of the Committee must be | 24 | | present to convene an
official meeting and shall consist of | 25 | | one-third of the then appointed members. However, if a member | 26 | | has made it known that he or she will be in attendance at a |
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| 1 | | scheduled meeting but has not arrived at the meeting at the | 2 | | appointed time, the Chairperson may wait for that absent member | 3 | | to arrive before having the Committee conduct official | 4 | | business. Members shall service on the Committee without | 5 | | compensation. | 6 | | (g) The Committee shall have voting members and non-voting | 7 | | members. The voting rights of each member shall be based upon | 8 | | the number of meetings the member attends. The Chairperson | 9 | | shall determine the requisite number of meetings members must | 10 | | attend to be awarded voting rights at the initial meeting and | 11 | | that number shall not be changed except upon a three-fifths | 12 | | vote of the Committee at any time, regardless of whether they | 13 | | have voting rights or not. However, an absent member may | 14 | | designate a substitute member who is not on the Committee and | 15 | | who meets the same criteria as the absent member to attend a | 16 | | meeting on the absent member's behalf. An absent member who | 17 | | appoints a substitute to attend a meeting on the absent | 18 | | member's behalf shall be credited the attendance time of that | 19 | | substitute member and such time shall be counted toward the | 20 | | absent member's participation quota when considering if the | 21 | | absent member attended the requisite number of meetings to be | 22 | | awarded voting rights. Only one substitute member per absent | 23 | | member may be appointed for each meeting. Members may be | 24 | | permitted to attend a meeting by means other than physical | 25 | | presence, including by means of a live video broadcast | 26 | | transmitted across the Internet, a call-in, or any other means |
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| 1 | | that permits at least an audio connection between the Committee | 2 | | and the member who is unable to be physically present at the | 3 | | meeting. | 4 | | (h) The Committee shall submit a report concerning its | 5 | | findings and recommendations to the General Assembly and the | 6 | | Department of Human Services for the purposes of facilitating | 7 | | the assembly of the central publication and proposing | 8 | | legislation and rules on when publication will be first | 9 | | published no later than 15 months after the date upon which the | 10 | | Committee convenes its initial meeting. | 11 | | (i) The Department of Human Services shall provide | 12 | | administrative support and staff to the Committee. | 13 | | (j) The Committee shall prepare and publish in a central | 14 | | publication the following information obtained through the | 15 | | audit and evaluation process established by the Committee and | 16 | | conducted on each DUI service provider, but not before | 17 | | performing the following tasks: | 18 | | (1) In determining how best to measure recidivism rates | 19 | | at the State, county, and provider or therapist level, the | 20 | | Committee must specify a process and statistical method of | 21 | | outcome analysis and research that targets DUI recidivism | 22 | | as a measure of the treatment or intervention effectiveness | 23 | | of each DUI service provider. As used in this paragraph, | 24 | | "outcome analysis and research" means studies of the end | 25 | | results of the structure and processes of the health care | 26 | | system on the health and well-being of patients and |
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| 1 | | populations which may involve, but are not limited to, | 2 | | health service research that (i) focuses on identifying | 3 | | variations in medical procedures and associated health | 4 | | outcomes and (ii) evaluates the quality of care, safety, | 5 | | access, effectiveness, equity, efficiency, timeliness, | 6 | | system responsiveness, and patient-centeredness of those | 7 | | services. | 8 | | (2) In evaluating and determining which outcome | 9 | | analysis to use, the Committee must examine, but does not | 10 | | have to adopt, survival analysis studies. As used in this | 11 | | paragraph, "survival analysis studies" means studies that | 12 | | measure the time between the application or termination of | 13 | | DUI treatment or intervention services and a specified | 14 | | outcome. Such survival analysis studies to be examined but | 15 | | not necessarily adopted shall include, but shall not be | 16 | | limited to, the overall rate at which persons who have | 17 | | completed a program of DUI treatment or intervention | 18 | | services commit one or more subsequent violations of | 19 | | Section 11-501 of the Illinois Vehicle Code within a | 20 | | certain period of time following completion of the program | 21 | | of DUI treatment or intervention services. | 22 | | (3) The Committee shall explore how often the analyses | 23 | | under paragraphs (1) and (2) should be developed, | 24 | | conducted, managed, and maintained and how the information | 25 | | obtained from those analyses should be presented to the | 26 | | public through the central publication so that the results |
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| 1 | | of the outcome studies can be reviewed by courts, DUI | 2 | | service providers, and any persons interested in DUI | 3 | | treatment or intervention services. The Committee shall | 4 | | also determine how often such analyses shall be developed, | 5 | | conducted, managed, and maintained, as well as how often | 6 | | information needed to create such analyses shall be | 7 | | collected. | 8 | | (4) The Committee shall identify and formulate an | 9 | | auditing process to collect the necessary information | 10 | | needed to conduct the analyses under paragraphs (1) and (2) | 11 | | and to confirm the information collected, all of which | 12 | | shall be contained within the central publication | 13 | | consistent with the investigatory and auditing authority | 14 | | of the Department under 77 Ill. Adm. Code 2060.335. | 15 | | (5) The Committee shall be responsible for deciding the | 16 | | scope of information to include in the central publication | 17 | | with respect to resources a DUI service provider has | 18 | | available for clients and the various issues clients face | 19 | | regarding access to care, including, but not limited to: | 20 | | (A) the availability of psychiatrists or medical | 21 | | practitioners; | 22 | | (B) costs charged for providing services; | 23 | | (C) the level of difficulty individuals have with | 24 | | gaining access to facilities and the reasons thereof; | 25 | | (D) transportation issues or costs; | 26 | | (E) multilingual capabilities or barriers to |
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| 1 | | communicating and effectively teaching those who speak | 2 | | a different language; and | 3 | | (F) access to care for those who are persons with | 4 | | an intellectual or physical disability or persons who | 5 | | require additional accommodations. | 6 | | The Committee shall also develop an auditing and | 7 | | evaluation process for the Department to verify the | 8 | | information provided under this paragraph (5). | 9 | | (6) The Committee shall develop a standardized method | 10 | | or process by which a court may consult and collaborate | 11 | | with a DUI service provider whose program of DUI treatment | 12 | | or intervention services fails to meet or adequately | 13 | | address the needs of clients residing within the court's | 14 | | judicial circuit because of a lack of resources or program | 15 | | deficiencies. The method or process shall encourage, but | 16 | | not require, a court to: | 17 | | (A) notify a DUI service provider of the court's | 18 | | intention to remove the provider from the court's | 19 | | approved-provider list; | 20 | | (B) specify and discuss those client needs that the | 21 | | DUI services provider has failed to meet or adequately | 22 | | address through its program of treatment or | 23 | | intervention services; and | 24 | | (C) assist the DUI service provider in remedying | 25 | | program deficiencies. | 26 | | The standardized method or process may also provide |
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| 1 | | protocols on a corrective plan of action a DUI service | 2 | | provider may take to address the particular client needs or | 3 | | program deficiencies noted by a court during a | 4 | | collaborative consultation, including protocols on: (i) a | 5 | | specific timeline for implementing corrective actions or | 6 | | objectives and (ii) the establishment of evaluation | 7 | | measures to measure such progress. The standardized method | 8 | | or process shall also be accessible to a court that wants | 9 | | to remedy an isolated issue or program deficiency that does | 10 | | not necessitate removing a DUI service provider from the | 11 | | court's approved-provider list. Nothing in this paragraph | 12 | | shall be construed to interfere with a court's discretion | 13 | | as to which DUI service providers to place, retain, or | 14 | | remove from the court's approved-provider list or with any | 15 | | court policies or procedures concerning attraction, | 16 | | retention, or removal of a DUI service provider from a | 17 | | court's approved-provider list. | 18 | | (7) The Committee shall develop a standard treatment | 19 | | review survey to be administered by the courts and | 20 | | completed by all individuals who complete a professional | 21 | | evaluation and treatment for an alcohol, drug, or | 22 | | intoxicating compound abuse problem as provided under | 23 | | Section 11-501.01 of the Illinois Vehicle Code. The | 24 | | Committee shall determine what questions and subjects will | 25 | | appear in the survey. The Committee shall also determine | 26 | | how best the Department will collect, analyze, interpret, |
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| 1 | | calculate, and summarize for publication in the central | 2 | | publication the aggregate information obtained from the | 3 | | treatment review surveys in order to help courts decide | 4 | | which DUI service providers to retain or remove from their | 5 | | approved-provider lists. Any analysis of the aggregate | 6 | | information obtained from the treatment review surveys | 7 | | shall include calculations of: (i) the average response | 8 | | score and the standard deviation for each questioned item | 9 | | and (ii) the median and mode response values for each | 10 | | questioned item. | 11 | | Information collected and published in the central | 12 | | publication shall be made accessible to interested persons | 13 | | through a subscriber-based online repository to be established | 14 | | and maintained by the Department. Participating DUI service | 15 | | providers and courts that are interested in accessing the | 16 | | central publication contained in the online repository may be | 17 | | charged a small fee that is no greater than needed to cover | 18 | | administrative costs. | 19 | | Each DUI service provider shall contribute to the contents | 20 | | of the central publication by providing a description of the | 21 | | types of educational, prevention, intervention, treatment, | 22 | | relapse, and other services and activities offered by the | 23 | | provider to alleviate alcoholism and other drug abuse and | 24 | | dependency. The Department may also audit the DUI Service | 25 | | Providers information in the same manner as determined under | 26 | | paragraph (4). |
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| 1 | | To facilitate more targeted recruitment of effective DUI | 2 | | service providers, a court may submit for publication in the | 3 | | central publication information that identifies the specific | 4 | | problems, priorities, and needs of persons residing in the | 5 | | court's judicial circuit that concern DUI treatment or | 6 | | intervention services, including the needs of residents who are | 7 | | racial or language minorities or who are from other specific | 8 | | populations. The Committee shall create a process to facilitate | 9 | | courts in submitting such information for publication. | 10 | | Any additional administrative costs incurred from the | 11 | | maintenance of the central publication or the subscriber-based | 12 | | online repository or from the collection of data shall come | 13 | | from a portion of the funds received by each judicial circuit | 14 | | from court costs charged to persons who violate Section 11-501 | 15 | | of the Illinois Vehicle Code. | 16 | | The Committee shall dissolve upon submitting its report to | 17 | | the General Assembly and the Department of Human Services as | 18 | | provided in subsection (h). Upon the dissolution of the | 19 | | Committee, the Department may modify, add, or remove | 20 | | information collected and published within the central | 21 | | publication as well as modify the auditing and evaluation | 22 | | measures used in analyzing such information for the central | 23 | | publication.
| 24 | | Section 10. The Illinois Vehicle Code is amended by | 25 | | changing Section 11-501.01 as follows: |
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| 1 | | (625 ILCS 5/11-501.01)
| 2 | | Sec. 11-501.01. Additional administrative sanctions. | 3 | | (a) After a finding of guilt and prior to any final | 4 | | sentencing or an order for supervision, for an offense based | 5 | | upon an arrest for a violation of Section 11-501 or a similar | 6 | | provision of a local ordinance, individuals shall be required | 7 | | to undergo a professional evaluation to determine if an | 8 | | alcohol, drug, or intoxicating compound abuse problem exists | 9 | | and the extent of the problem, and undergo the imposition of | 10 | | treatment as appropriate. Programs conducting these | 11 | | evaluations shall be licensed by the Department of Human | 12 | | Services. The cost of any professional evaluation shall be paid | 13 | | for by the individual required to undergo the professional | 14 | | evaluation. Upon completing a professional evaluation and any | 15 | | subsequent treatment as required under this subsection, all | 16 | | individuals shall complete a treatment review survey. All | 17 | | information provided in the treatment review survey by an | 18 | | individual as required under this subsection shall be | 19 | | confidential in accordance with the Confidentiality of Alcohol | 20 | | and Drug Abuse Patient Records regulations (42 CFR 2 (1987)) of | 21 | | the Alcohol, Drug Abuse, and Mental Health Administration of | 22 | | the Public Health Service of the United States Department of | 23 | | Health and Human Services, Article 30 of the Alcoholism and | 24 | | Other Drug Abuse and Dependency Act, and the rules set forth | 25 | | under 77 Ill. Adm. Code 2060.319. |
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| 1 | | (b) Any person who is found guilty of or pleads guilty to | 2 | | violating Section 11-501, including any person receiving a | 3 | | disposition of court supervision for violating that 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 | | (c) Every person found guilty of violating Section 11-501, | 12 | | whose operation of a motor vehicle while in violation of that | 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 in subsection (i) of this | 16 | | Section. | 17 | | (d) The Secretary of State shall revoke the driving | 18 | | privileges of any person convicted under Section 11-501 or a | 19 | | similar provision of a local ordinance. | 20 | | (e) The Secretary of State shall require the use of | 21 | | ignition interlock devices for a period not less than 5 years | 22 | | on all vehicles owned by a person who has been convicted of a | 23 | | second or subsequent offense of Section 11-501 or a similar | 24 | | provision of a local ordinance. The person must pay to the | 25 | | Secretary of State DUI Administration Fund an amount not to | 26 | | exceed $30 for each month that he or she uses the device. The |
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| 1 | | Secretary shall establish by rule and regulation the procedures | 2 | | for certification and use of the interlock system, the amount | 3 | | of the fee, and the procedures, terms, and conditions relating | 4 | | to these fees. During the time period in which a person is | 5 | | required to install an ignition interlock device under this | 6 | | subsection (e), that person shall only operate vehicles in | 7 | | which ignition interlock devices have been installed, except as | 8 | | allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of | 9 | | this Code. | 10 | | (f) In addition to any other penalties and liabilities, a | 11 | | person who is found guilty of or pleads guilty to violating | 12 | | Section 11-501, including any person placed on court | 13 | | supervision for violating Section 11-501, shall be assessed | 14 | | $750, payable to the circuit clerk, who shall distribute the | 15 | | money as follows: $350 to the law enforcement agency that made | 16 | | the arrest, and $400 shall be forwarded to the State Treasurer | 17 | | for deposit into the General Revenue Fund. If the person has | 18 | | been previously convicted of violating Section 11-501 or a | 19 | | similar provision of a local ordinance, the fine shall be | 20 | | $1,000, and the circuit clerk shall distribute
$200 to the law | 21 | | enforcement agency that
made the arrest and $800 to the State
| 22 | | Treasurer for deposit into the General Revenue Fund. In the | 23 | | event that more than one agency is responsible for the arrest, | 24 | | the amount payable to law enforcement agencies shall be shared | 25 | | equally. Any moneys received by a law enforcement agency under | 26 | | this subsection (f) shall be used for enforcement and |
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| 1 | | prevention of driving while under the influence of alcohol, | 2 | | other drug or drugs, intoxicating compound or compounds or any | 3 | | combination thereof, as defined by Section 11-501 of this Code, | 4 | | including but not limited to the purchase of law enforcement | 5 | | equipment and commodities that will assist in the prevention of | 6 | | alcohol related criminal violence throughout the State; police | 7 | | officer training and education in areas related to alcohol | 8 | | related crime, including but not limited to DUI training; and | 9 | | police officer salaries, including but not limited to salaries | 10 | | for hire back funding for safety checkpoints, saturation | 11 | | patrols, and liquor store sting operations. Any moneys received | 12 | | by the Department of State Police under this subsection (f) | 13 | | shall be deposited into the State Police DUI Fund and shall be | 14 | | used to purchase law enforcement equipment that will assist in | 15 | | the prevention of alcohol related criminal violence throughout | 16 | | the State. | 17 | | (g) The Secretary of State Police DUI Fund is created as a | 18 | | special fund in the State treasury. All moneys received by the | 19 | | Secretary of State Police under subsection (f) of this Section | 20 | | shall be deposited into the Secretary of State Police DUI Fund | 21 | | and, subject to appropriation, shall be used for enforcement | 22 | | and prevention of driving while under the influence of alcohol, | 23 | | other drug or drugs, intoxicating compound or compounds or any | 24 | | combination thereof, as defined by Section 11-501 of this Code, | 25 | | including but not limited to the purchase of law enforcement | 26 | | equipment and commodities to assist in the prevention of |
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| 1 | | alcohol related criminal violence throughout the State; police | 2 | | officer training and education in areas related to alcohol | 3 | | related crime, including but not limited to DUI training; and | 4 | | police officer salaries, including but not limited to salaries | 5 | | for hire back funding for safety checkpoints, saturation | 6 | | patrols, and liquor store sting operations. | 7 | | (h) Whenever an individual is sentenced for an offense | 8 | | based upon an arrest for a violation of Section 11-501 or a | 9 | | similar provision of a local ordinance, and the professional | 10 | | evaluation recommends remedial or rehabilitative treatment or | 11 | | education, neither the treatment nor the education shall be the | 12 | | sole disposition and either or both may be imposed only in | 13 | | conjunction with another disposition. The court shall monitor | 14 | | compliance with any remedial education or treatment | 15 | | recommendations contained in the professional evaluation. | 16 | | Programs conducting alcohol or other drug evaluation or | 17 | | remedial education must be licensed by the Department of Human | 18 | | Services. If the individual is not a resident of Illinois, | 19 | | however, the court may accept an alcohol or other drug | 20 | | evaluation or remedial education program in the individual's | 21 | | state of residence. Programs providing treatment must be | 22 | | licensed under existing applicable alcoholism and drug | 23 | | treatment licensure standards. | 24 | | (i) In addition to any other fine or penalty required by | 25 | | law, an individual convicted of a violation of Section 11-501, | 26 | | Section 5-7 of the Snowmobile Registration and Safety Act, |
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| 1 | | Section 5-16 of the Boat Registration and Safety Act, or a | 2 | | similar provision, whose operation of a motor vehicle, | 3 | | snowmobile, or watercraft while in violation of Section 11-501, | 4 | | Section 5-7 of the Snowmobile Registration and Safety Act, | 5 | | Section 5-16 of the Boat Registration and Safety Act, or a | 6 | | similar provision proximately caused an incident resulting in | 7 | | an appropriate emergency response, shall be required to make | 8 | | restitution to a public agency for the costs of that emergency | 9 | | response. The restitution may not exceed $1,000 per public | 10 | | agency for each emergency response. As used in this subsection | 11 | | (i), "emergency response" means any incident requiring a | 12 | | response by a police officer, a firefighter carried on the | 13 | | rolls of a regularly constituted fire department, or an | 14 | | ambulance. With respect to funds designated for the Department | 15 | | of State Police, the moneys shall be remitted by the circuit | 16 | | court clerk to the State Police within one month after receipt | 17 | | for deposit into the State Police DUI Fund. With respect to | 18 | | funds designated for the Department of Natural Resources, the | 19 | | Department of Natural Resources shall deposit the moneys into | 20 | | the Conservation Police Operations Assistance Fund.
| 21 | | (j) A person that is subject to a chemical test or tests of | 22 | | blood under subsection (a) of Section 11-501.1 or subdivision | 23 | | (c)(2) of Section 11-501.2 of this Code, whether or not that | 24 | | person consents to testing, shall be liable for the expense up | 25 | | to $500 for blood withdrawal by a physician authorized to | 26 | | practice medicine, a licensed physician assistant, a licensed |
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| 1 | | advanced practice nurse, a registered nurse, a trained | 2 | | phlebotomist, a licensed paramedic, or a qualified person other | 3 | | than a police officer approved by the Department of State | 4 | | Police to withdraw blood, who responds, whether at a law | 5 | | enforcement facility or a health care facility, to a police | 6 | | department request for the drawing of blood based upon refusal | 7 | | of the person to submit to a lawfully requested breath test or | 8 | | probable cause exists to believe the test would disclose the | 9 | | ingestion, consumption, or use of drugs or intoxicating | 10 | | compounds if: | 11 | | (1) the person is found guilty of violating Section | 12 | | 11-501 of this Code or a similar provision of a local | 13 | | ordinance; or | 14 | | (2) the person pleads guilty to or stipulates to facts | 15 | | supporting a violation of Section 11-503 of this Code or a | 16 | | similar provision of a local ordinance when the plea or | 17 | | stipulation was the result of a plea agreement in which the | 18 | | person was originally charged with violating Section | 19 | | 11-501 of this Code or a similar local ordinance. | 20 | | (Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13; | 21 | | 98-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16; | 22 | | 99-642, eff. 7-28-16.) | 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law. |
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