Bill Text: IL HB5021 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Provides that moneys in the State Police DUI Fund and the Secretary of State Police DUI Fund 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, 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.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Passed) 2012-08-22 - Public Act . . . . . . . . . 97-1050 [HB5021 Detail]

Download: Illinois-2011-HB5021-Enrolled.html



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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-501.01 as follows:
6 (625 ILCS 5/11-501.01)
7 Sec. 11-501.01. Additional administrative sanctions.
8 (a) After a finding of guilt and prior to any final
9sentencing or an order for supervision, for an offense based
10upon an arrest for a violation of Section 11-501 or a similar
11provision of a local ordinance, individuals shall be required
12to undergo a professional evaluation to determine if an
13alcohol, drug, or intoxicating compound abuse problem exists
14and the extent of the problem, and undergo the imposition of
15treatment as appropriate. Programs conducting these
16evaluations shall be licensed by the Department of Human
17Services. The cost of any professional evaluation shall be paid
18for by the individual required to undergo the professional
19evaluation.
20 (b) Any person who is found guilty of or pleads guilty to
21violating Section 11-501, including any person receiving a
22disposition of court supervision for violating that Section,
23may be required by the Court to attend a victim impact panel

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1offered by, or under contract with, a county State's Attorney's
2office, a probation and court services department, Mothers
3Against Drunk Driving, or the Alliance Against Intoxicated
4Motorists. All costs generated by the victim impact panel shall
5be paid from fees collected from the offender or as may be
6determined by the court.
7 (c) Every person found guilty of violating Section 11-501,
8whose operation of a motor vehicle while in violation of that
9Section proximately caused any incident resulting in an
10appropriate emergency response, shall be liable for the expense
11of an emergency response as provided in subsection (i) of this
12Section.
13 (d) The Secretary of State shall revoke the driving
14privileges of any person convicted under Section 11-501 or a
15similar provision of a local ordinance.
16 (e) The Secretary of State shall require the use of
17ignition interlock devices on all vehicles owned by a person
18who has been convicted of a second or subsequent offense of
19Section 11-501 or a similar provision of a local ordinance. The
20person must pay to the Secretary of State DUI Administration
21Fund an amount not to exceed $30 for each month that he or she
22uses the device. The Secretary shall establish by rule and
23regulation the procedures for certification and use of the
24interlock system, the amount of the fee, and the procedures,
25terms, and conditions relating to these fees.
26 (f) In addition to any other penalties and liabilities, a

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1person who is found guilty of or pleads guilty to violating
2Section 11-501, including any person placed on court
3supervision for violating Section 11-501, shall be assessed
4$750, payable to the circuit clerk, who shall distribute the
5money as follows: $350 to the law enforcement agency that made
6the arrest, and $400 shall be forwarded to the State Treasurer
7for deposit into the General Revenue Fund. If the person has
8been previously convicted of violating Section 11-501 or a
9similar provision of a local ordinance, the fine shall be
10$1,000, and the circuit clerk shall distribute $200 to the law
11enforcement agency that made the arrest and $800 to the State
12Treasurer for deposit into the General Revenue Fund. In the
13event that more than one agency is responsible for the arrest,
14the amount payable to law enforcement agencies shall be shared
15equally. Any moneys received by a law enforcement agency under
16this subsection (f) shall be used for enforcement and
17prevention of driving while under the influence of alcohol,
18other drug or drugs, intoxicating compound or compounds or any
19combination thereof, as defined by Section 11-501 of this Code,
20including but not limited to the purchase of law enforcement
21equipment and commodities that will assist in the prevention of
22alcohol related criminal violence throughout the State; police
23officer training and education in areas related to alcohol
24related crime, including but not limited to DUI training; and
25police officer salaries, including but not limited to salaries
26for hire back funding for safety checkpoints, saturation

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1patrols, and liquor store sting operations. to purchase law
2enforcement equipment that will assist in the prevention of
3alcohol related criminal violence throughout the State. This
4shall include, but is not limited to, in-car video cameras,
5radar and laser speed detection devices, and alcohol breath
6testers. Any moneys received by the Department of State Police
7under this subsection (f) shall be deposited into the State
8Police DUI Fund and shall be used to purchase law enforcement
9equipment that will assist in the prevention of alcohol related
10criminal violence throughout the State.
11 (g) The Secretary of State Police DUI Fund is created as a
12special fund in the State treasury. All moneys received by the
13Secretary of State Police under subsection (f) of this Section
14shall be deposited into the Secretary of State Police DUI Fund
15and, subject to appropriation, shall be used for enforcement
16and prevention of driving while under the influence of alcohol,
17other drug or drugs, intoxicating compound or compounds or any
18combination thereof, as defined by Section 11-501 of this Code,
19including but not limited to the to purchase of law enforcement
20equipment and commodities to assist in the prevention of
21alcohol related criminal violence throughout the State; police
22officer training and education in areas related to alcohol
23related crime, including but not limited to DUI training; and
24police officer salaries, including but not limited to salaries
25for hire back funding for safety checkpoints, saturation
26patrols, and liquor store sting operations.

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1 (h) Whenever an individual is sentenced for an offense
2based upon an arrest for a violation of Section 11-501 or a
3similar provision of a local ordinance, and the professional
4evaluation recommends remedial or rehabilitative treatment or
5education, neither the treatment nor the education shall be the
6sole disposition and either or both may be imposed only in
7conjunction with another disposition. The court shall monitor
8compliance with any remedial education or treatment
9recommendations contained in the professional evaluation.
10Programs conducting alcohol or other drug evaluation or
11remedial education must be licensed by the Department of Human
12Services. If the individual is not a resident of Illinois,
13however, the court may accept an alcohol or other drug
14evaluation or remedial education program in the individual's
15state of residence. Programs providing treatment must be
16licensed under existing applicable alcoholism and drug
17treatment licensure standards.
18 (i) In addition to any other fine or penalty required by
19law, an individual convicted of a violation of Section 11-501,
20Section 5-7 of the Snowmobile Registration and Safety Act,
21Section 5-16 of the Boat Registration and Safety Act, or a
22similar provision, whose operation of a motor vehicle,
23snowmobile, or watercraft while in violation of Section 11-501,
24Section 5-7 of the Snowmobile Registration and Safety Act,
25Section 5-16 of the Boat Registration and Safety Act, or a
26similar provision proximately caused an incident resulting in

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1an appropriate emergency response, shall be required to make
2restitution to a public agency for the costs of that emergency
3response. The restitution may not exceed $1,000 per public
4agency for each emergency response. As used in this subsection
5(i), "emergency response" means any incident requiring a
6response by a police officer, a firefighter carried on the
7rolls of a regularly constituted fire department, or an
8ambulance.
9(Source: P.A. 95-578, eff. 6-1-08; 95-848, eff. 1-1-09;
1096-1342, eff. 1-1-11.)
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