Bill Text: IL HB2200 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Vehicle Code. Provides that any court order rescinding a statutory summary suspension or revocation must contain a factual basis for rescission. Provides that upon receipt of a court order rescinding a statutory summary suspension or revocation that does not contain a factual basis for the rescission, the Secretary of State shall return the order to the court and shall be prohibited from rescinding the statutory summary suspension until the Secretary receives a court order containing a factual basis for rescission. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2019-05-10 - Rule 3-9(a) / Re-referred to Assignments [HB2200 Detail]

Download: Illinois-2019-HB2200-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2200 Introduced , by Rep. John C. D'Amico SYNOPSIS AS INTRODUCED:
625 ILCS 5/2-118.1 from Ch. 95 1/2, par. 2-118.1
Amends the Illinois Vehicle Code. Provides that any court order rescinding a statutory summary suspension or revocation must contain a factual basis for rescission. Provides that upon receipt of a court order rescinding a statutory summary suspension or revocation that does not contain a factual basis for the rescission, the Secretary of State shall return the order to the court and shall be prohibited from rescinding the statutory summary suspension until the Secretary receives a court order containing a factual basis for rescission. Effective immediately.
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A BILL FOR
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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
Section 2-118.1 as follows:
(625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
Sec. 2-118.1. Opportunity for hearing; statutory summary
alcohol or other drug related suspension or revocation pursuant
to Section 11-501.1.
(a) A statutory summary suspension or revocation of driving
privileges under Section 11-501.1 shall not become effective
until the person is notified in writing of the impending
suspension or revocation and informed that he may request a
hearing in the circuit court of venue under paragraph (b) of
this Section and the statutory summary suspension or revocation
shall become effective as provided in Section 11-501.1.
(b) Within 90 days after the notice of statutory summary
suspension or revocation served under Section 11-501.1, the
person may make a written request for a judicial hearing in the
circuit court of venue. The request to the circuit court shall
state the grounds upon which the person seeks to have the
statutory summary suspension or revocation rescinded. Within
30 days after receipt of the written request or the first

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appearance date on the Uniform Traffic Ticket issued pursuant
to a violation of Section 11-501, or a similar provision of a
local ordinance, the hearing shall be conducted by the circuit
court having jurisdiction. This judicial hearing, request, or
process shall not stay or delay the statutory summary
suspension or revocation. The hearings shall proceed in the
court in the same manner as in other civil proceedings.
The hearing may be conducted upon a review of the law
enforcement officer's own official reports; provided however,
that the person may subpoena the officer. Failure of the
officer to answer the subpoena shall be considered grounds for
a continuance if in the court's discretion the continuance is
appropriate.
The scope of the hearing shall be limited to the issues of:
1. Whether the person was placed under arrest for an
offense as defined in Section 11-501, or a similar
provision of a local ordinance, as evidenced by the
issuance of a Uniform Traffic Ticket, or issued a Uniform
Traffic Ticket out of state as provided in subsection (a)
of Section 11-501.1; and
2. Whether the officer had reasonable grounds to
believe that the person was driving or in actual physical
control of a motor vehicle upon a highway while under the
influence of alcohol, other drug, or combination of both;
and
3. Whether the person, after being advised by the

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officer that the privilege to operate a motor vehicle would
be suspended or revoked if the person refused to submit to
and complete the test or tests, did refuse to submit to or
complete the test or tests to determine the person's blood
alcohol or drug concentration; or
4. Whether the person, after being advised by the
officer that the privilege to operate a motor vehicle would
be suspended if the person submits to a chemical test, or
tests, and the test discloses an alcohol concentration of
0.08 or more, a tetrahydrocannabinol concentration as
defined in paragraph 6 of subsection (a) of Section
11-501.2 of this Code, or any amount of a drug, substance,
or compound in the person's blood, other bodily substance,
or urine resulting from the unlawful use or consumption of
a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound as listed in the
Use of Intoxicating Compounds Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act, and the person did submit to and complete
the test or tests that determined an alcohol concentration
of 0.08 or more.
4.2. (Blank).
4.5. (Blank).
5. If the person's driving privileges were revoked,
whether the person was involved in a motor vehicle accident
that caused Type A injury or death to another.

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Upon the conclusion of the judicial hearing, the circuit
court shall sustain or rescind the statutory summary suspension
or revocation and immediately notify the Secretary of State.
Any court order rescinding a statutory summary suspension or
revocation must contain a factual basis for the rescission.
Upon receipt of a court order rescinding a statutory summary
suspension or revocation that does not contain a factual basis
for the rescission, the Secretary of State shall return the
order to the court and shall be prohibited from rescinding the
statutory summary suspension until the Secretary receives a
court order containing a factual basis for the rescission.
Reports received by the Secretary of State under this Section
shall be privileged information and for use only by the courts,
police officers, and Secretary of State.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
99-697, eff. 7-29-16.)
Section 99. Effective date. This Act takes effect upon
becoming law.