Bill Text: IL HB3301 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning statutory summary suspensions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB3301 Detail]

Download: Illinois-2009-HB3301-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3301 Introduced 2/24/2009, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
625 ILCS 5/6-208.1 from Ch. 95 1/2, par. 6-208.1
Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning statutory summary suspensions.
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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 6-208.1 as follows:
(625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
Sec. 6-208.1. Period of statutory summary alcohol, other
drug, or intoxicating compound related suspension.
(a) Unless the the statutory summary suspension has been
rescinded, any person whose privilege to drive a motor vehicle
on the public highways has been summarily suspended, pursuant
to Section 11-501.1, shall not be eligible for restoration of
the privilege until the expiration of:
1. Twelve months from the effective date of the
statutory summary suspension for a refusal or failure to
complete a test or tests to determine the alcohol, drug, or
intoxicating compound concentration, pursuant to Section
11-501.1; or
2. Six months from the effective date of the statutory
summary suspension imposed following the person's
submission to a chemical test which disclosed an alcohol
concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in such person's

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breath, blood, or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act,
a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use
of Intoxicating Compounds Act, or methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act, pursuant to Section 11-501.1; or
3. Three years from the effective date of the statutory
summary suspension for any person other than a first
offender who refuses or fails to complete a test or tests
to determine the alcohol, drug, or intoxicating compound
concentration pursuant to Section 11-501.1; or
4. One year from the effective date of the summary
suspension imposed for any person other than a first
offender following submission to a chemical test which
disclosed an alcohol concentration of 0.08 or more pursuant
to Section 11-501.1 or any amount of a drug, substance or
compound in such person's blood or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, an intoxicating
compound listed in the Use of Intoxicating Compounds Act,
or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act.
(b) Following a statutory summary suspension of the
privilege to drive a motor vehicle under Section 11-501.1,

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driving privileges shall be restored unless the person is
otherwise suspended, revoked, or cancelled by this Code. If the
court has reason to believe that the person's driving privilege
should not be restored, the court shall notify the Secretary of
State prior to the expiration of the statutory summary
suspension so appropriate action may be taken pursuant to this
Code.
(c) Driving privileges may not be restored until all
applicable reinstatement fees, as provided by this Code, have
been paid to the Secretary of State and the appropriate entry
made to the driver's record.
(d) Where a driving privilege has been summarily suspended
under Section 11-501.1 and the person is subsequently convicted
of violating Section 11-501, or a similar provision of a local
ordinance, for the same incident, any period served on
statutory summary suspension shall be credited toward the
minimum period of revocation of driving privileges imposed
pursuant to Section 6-205.
(e) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1, for a first offender,
the circuit court shall, unless the offender has opted in
writing not to have a monitoring device driving permit issued,
order the Secretary of State to issue a monitoring device
driving permit as provided in Section 6-206.1. A monitoring
device driving permit shall not be effective prior to the 31st
day of the statutory summary suspension.

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(f) (Blank).
(g) Following a statutory summary suspension of driving
privileges pursuant to Section 11-501.1 where the person was
not a first offender, as defined in Section 11-500, the
Secretary of State may not issue a restricted driving permit.
(h) (Blank).
(Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876,