Bill Text: IL HB4304 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Provides that individuals that injure themselves but not another person as a result of driving under the influence are still eligible to receive a monitoring device driving permit. Limits statutory suspensions of a driver's license (rather than revocation of the driver's license) for refusing or failing a test to determine the concentration of alcohol, drug, or intoxicating compound to situations where the driver was not involved in an accident that caused injury or death to another person. Removes statutory summary suspension of a driver's license provisions for failing to submit to standardized field sobriety tests under the Compassionate Use of Medical Cannabis Pilot Program Act. Makes other changes necessary to resolve a statutory split in Section 6-208.1 of the Illinois Vehicle Code. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-08-22 - Public Act . . . . . . . . . 98-1015 [HB4304 Detail]
Download: Illinois-2013-HB4304-Enrolled.html
Bill Title: Amends the Illinois Vehicle Code. Provides that individuals that injure themselves but not another person as a result of driving under the influence are still eligible to receive a monitoring device driving permit. Limits statutory suspensions of a driver's license (rather than revocation of the driver's license) for refusing or failing a test to determine the concentration of alcohol, drug, or intoxicating compound to situations where the driver was not involved in an accident that caused injury or death to another person. Removes statutory summary suspension of a driver's license provisions for failing to submit to standardized field sobriety tests under the Compassionate Use of Medical Cannabis Pilot Program Act. Makes other changes necessary to resolve a statutory split in Section 6-208.1 of the Illinois Vehicle Code. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-08-22 - Public Act . . . . . . . . . 98-1015 [HB4304 Detail]
Download: Illinois-2013-HB4304-Enrolled.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 6-206.1 and 6-208.1 as follows:
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6 | (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1) | ||||||
7 | Sec. 6-206.1. Monitoring Device Driving Permit. | ||||||
8 | Declaration of Policy. It is hereby declared a policy of the
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9 | State of Illinois that the driver who is impaired by alcohol, | ||||||
10 | other drug or
drugs, or intoxicating compound or compounds is a
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11 | threat to the public safety and welfare. Therefore, to
provide | ||||||
12 | a deterrent to such practice, a statutory summary driver's | ||||||
13 | license suspension is appropriate.
It is also recognized that | ||||||
14 | driving is a privilege and therefore, that the granting of | ||||||
15 | driving privileges, in a manner consistent with public
safety, | ||||||
16 | is warranted during the period of suspension in the form of a | ||||||
17 | monitoring device driving permit. A person who drives and fails | ||||||
18 | to comply with the requirements of the monitoring device | ||||||
19 | driving permit commits a violation of Section 6-303 of this | ||||||
20 | Code. | ||||||
21 | The following procedures shall apply whenever
a first | ||||||
22 | offender, as defined in Section 11-500 of this Code, is | ||||||
23 | arrested for any offense as defined in Section 11-501
or a |
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1 | similar provision of a local ordinance and is subject to the | ||||||
2 | provisions of Section 11-501.1: | ||||||
3 | (a) Upon mailing of the notice of suspension of driving | ||||||
4 | privileges as provided in subsection (h) of Section 11-501.1 of | ||||||
5 | this Code, the Secretary shall also send written notice | ||||||
6 | informing the person that he or she will be issued a monitoring | ||||||
7 | device driving permit (MDDP). The notice shall include, at | ||||||
8 | minimum, information summarizing the procedure to be followed | ||||||
9 | for issuance of the MDDP, installation of the breath alcohol | ||||||
10 | ignition installation device (BAIID), as provided in this | ||||||
11 | Section, exemption from BAIID installation requirements, and | ||||||
12 | procedures to be followed by those seeking indigent status, as | ||||||
13 | provided in this Section. The notice shall also include | ||||||
14 | information summarizing the procedure to be followed if the | ||||||
15 | person wishes to decline issuance of the MDDP. A copy of the | ||||||
16 | notice shall also be sent to the court of venue together with | ||||||
17 | the notice of suspension of driving privileges, as provided in | ||||||
18 | subsection (h) of Section 11-501. However, a MDDP shall not be | ||||||
19 | issued if the Secretary finds that:
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20 | (1) The offender's driver's license is otherwise | ||||||
21 | invalid; | ||||||
22 | (2) Death or great bodily harm to another resulted from | ||||||
23 | the arrest for Section 11-501; | ||||||
24 | (3) The offender has been previously convicted of | ||||||
25 | reckless homicide or aggravated driving under the | ||||||
26 | influence involving death; |
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1 | (4) The offender is less than 18 years of age; or | ||||||
2 | (5) The offender is a qualifying patient licensed under | ||||||
3 | the Compassionate Use of Medical Cannabis Pilot Program Act | ||||||
4 | who is in possession of a valid registry card issued under | ||||||
5 | that Act and refused to submit to standardized field | ||||||
6 | sobriety tests as required by subsection (a-5) of Section | ||||||
7 | 11-501.1 or did submit to testing and failed the test or | ||||||
8 | tests. | ||||||
9 | Any offender participating in the MDDP program must pay the | ||||||
10 | Secretary a MDDP Administration Fee in an amount not to exceed | ||||||
11 | $30 per month, to be deposited into the Monitoring Device | ||||||
12 | Driving Permit Administration Fee Fund. The Secretary shall | ||||||
13 | establish by rule the amount and the procedures, terms, and | ||||||
14 | conditions relating to these fees. The offender must have an | ||||||
15 | ignition interlock device installed within 14 days of the date | ||||||
16 | the Secretary issues the MDDP. The ignition interlock device | ||||||
17 | provider must notify the Secretary, in a manner and form | ||||||
18 | prescribed by the Secretary, of the installation. If the | ||||||
19 | Secretary does not receive notice of installation, the | ||||||
20 | Secretary shall cancel the MDDP.
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21 | A MDDP shall not become effective prior to the 31st
day of | ||||||
22 | the original statutory summary suspension. | ||||||
23 | Upon receipt of the notice, as provided in paragraph (a) of | ||||||
24 | this Section, the person may file a petition to decline | ||||||
25 | issuance of the MDDP with the court of venue. The court shall | ||||||
26 | admonish the offender of all consequences of declining issuance |
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1 | of the MDDP including, but not limited to, the enhanced | ||||||
2 | penalties for driving while suspended. After being so | ||||||
3 | admonished, the offender shall be permitted, in writing, to | ||||||
4 | execute a notice declining issuance of the MDDP. This notice | ||||||
5 | shall be filed with the court and forwarded by the clerk of the | ||||||
6 | court to the Secretary. The offender may, at any time | ||||||
7 | thereafter, apply to the Secretary for issuance of a MDDP. | ||||||
8 | (a-1) A person issued a MDDP may drive for any purpose and | ||||||
9 | at any time, subject to the rules adopted by the Secretary | ||||||
10 | under subsection (g). The person must, at his or her own | ||||||
11 | expense, drive only vehicles equipped with an ignition | ||||||
12 | interlock device as defined in Section 1-129.1, but in no event | ||||||
13 | shall such person drive a commercial motor vehicle. | ||||||
14 | (a-2) Persons who are issued a MDDP and must drive | ||||||
15 | employer-owned vehicles in the course of their employment | ||||||
16 | duties may seek permission to drive an employer-owned vehicle | ||||||
17 | that does not have an ignition interlock device. The employer | ||||||
18 | shall provide to the Secretary a form, as prescribed by the | ||||||
19 | Secretary, completed by the employer verifying that the | ||||||
20 | employee must drive an employer-owned vehicle in the course of | ||||||
21 | employment. If approved by the Secretary, the form must be in | ||||||
22 | the driver's possession while operating an employer-owner | ||||||
23 | vehicle not equipped with an ignition interlock device. No | ||||||
24 | person may use this exemption to drive a school bus, school | ||||||
25 | vehicle, or a vehicle designed to transport more than 15 | ||||||
26 | passengers. No person may use this exemption to drive an |
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1 | employer-owned motor vehicle that is owned by an entity that is | ||||||
2 | wholly or partially owned by the person holding the MDDP, or by | ||||||
3 | a family member of the person holding the MDDP. No person may | ||||||
4 | use this exemption to drive an employer-owned vehicle that is | ||||||
5 | made available to the employee for personal use. No person may | ||||||
6 | drive the exempted vehicle more than 12 hours per day, 6 days | ||||||
7 | per week.
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8 | (a-3) Persons who are issued a MDDP and who must drive a | ||||||
9 | farm tractor to and from a farm, within 50 air miles from the | ||||||
10 | originating farm are exempt from installation of a BAIID on the | ||||||
11 | farm tractor, so long as the farm tractor is being used for the | ||||||
12 | exclusive purpose of conducting farm operations. | ||||||
13 | (b) (Blank). | ||||||
14 | (c) (Blank).
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15 | (c-1) If the holder of the MDDP is convicted of or receives | ||||||
16 | court supervision for a violation of Section 6-206.2, 6-303, | ||||||
17 | 11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar | ||||||
18 | provision of a local ordinance or a similar out-of-state | ||||||
19 | offense or is convicted of or receives court supervision for | ||||||
20 | any offense for which alcohol or drugs is an element of the | ||||||
21 | offense and in which a motor vehicle was involved (for an | ||||||
22 | arrest other than the one for which the MDDP is issued), or | ||||||
23 | de-installs the BAIID without prior authorization from the | ||||||
24 | Secretary, the MDDP shall be cancelled. | ||||||
25 | (c-5) If the Secretary determines that the person seeking | ||||||
26 | the MDDP is indigent, the Secretary shall provide the person |
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1 | with a written document as evidence of that determination, and | ||||||
2 | the person shall provide that written document to an ignition | ||||||
3 | interlock device provider. The provider shall install an | ||||||
4 | ignition interlock device on that person's vehicle without | ||||||
5 | charge to the person, and seek reimbursement from the Indigent | ||||||
6 | BAIID Fund.
If the Secretary has deemed an offender indigent, | ||||||
7 | the BAIID provider shall also provide the normal monthly | ||||||
8 | monitoring services and the de-installation without charge to | ||||||
9 | the offender and seek reimbursement from the Indigent BAIID | ||||||
10 | Fund. Any other monetary charges, such as a lockout fee or | ||||||
11 | reset fee, shall be the responsibility of the MDDP holder. A | ||||||
12 | BAIID provider may not seek a security deposit from the | ||||||
13 | Indigent BAIID Fund. | ||||||
14 | (d) MDDP information
shall be available only to the courts, | ||||||
15 | police officers, and the Secretary, except during the actual | ||||||
16 | period the MDDP is valid, during which
time it shall be a | ||||||
17 | public record. | ||||||
18 | (e) (Blank). | ||||||
19 | (f) (Blank). | ||||||
20 | (g) The Secretary shall adopt rules for implementing this | ||||||
21 | Section. The rules adopted shall address issues including, but | ||||||
22 | not limited to: compliance with the requirements of the MDDP; | ||||||
23 | methods for determining compliance with those requirements; | ||||||
24 | the consequences of noncompliance with those requirements; | ||||||
25 | what constitutes a violation of the MDDP; methods for | ||||||
26 | determining indigency; and the duties of a person or entity |
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1 | that supplies the ignition interlock device. | ||||||
2 | (h) The rules adopted under subsection (g) shall provide, | ||||||
3 | at a minimum, that the person is not in compliance with the | ||||||
4 | requirements of the MDDP if he or she: | ||||||
5 | (1) tampers or attempts to tamper with or circumvent | ||||||
6 | the proper operation of the ignition interlock device; | ||||||
7 | (2) provides valid breath samples that register blood | ||||||
8 | alcohol levels in excess of the number of times allowed | ||||||
9 | under the rules; | ||||||
10 | (3) fails to provide evidence sufficient to satisfy the | ||||||
11 | Secretary that the ignition interlock device has been | ||||||
12 | installed in the designated vehicle or vehicles; or | ||||||
13 | (4) fails to follow any other applicable rules adopted | ||||||
14 | by the Secretary. | ||||||
15 | (i) Any person or entity that supplies an ignition | ||||||
16 | interlock device as provided under this Section shall, in | ||||||
17 | addition to supplying only those devices which fully comply | ||||||
18 | with all the rules adopted under subsection (g), provide the | ||||||
19 | Secretary, within 7 days of inspection, all monitoring reports | ||||||
20 | of each person who has had an ignition interlock device | ||||||
21 | installed. These reports shall be furnished in a manner or form | ||||||
22 | as prescribed by the Secretary. | ||||||
23 | (j) Upon making a determination that a violation of the | ||||||
24 | requirements of the MDDP has occurred, the Secretary shall | ||||||
25 | extend the summary suspension period for an additional 3 months | ||||||
26 | beyond the originally imposed summary suspension period, |
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1 | during which time the person shall only be allowed to drive | ||||||
2 | vehicles equipped with an ignition interlock device; provided | ||||||
3 | further there are no limitations on the total number of times | ||||||
4 | the summary suspension may be extended. The Secretary may, | ||||||
5 | however, limit the number of extensions imposed for violations | ||||||
6 | occurring during any one monitoring period, as set forth by | ||||||
7 | rule. Any person whose summary suspension is extended pursuant | ||||||
8 | to this Section shall have the right to contest the extension | ||||||
9 | through a hearing with the Secretary, pursuant to Section 2-118 | ||||||
10 | of this Code. If the summary suspension has already terminated | ||||||
11 | prior to the Secretary receiving the monitoring report that | ||||||
12 | shows a violation, the Secretary shall be authorized to suspend | ||||||
13 | the person's driving privileges for 3 months, provided that the | ||||||
14 | Secretary may, by rule, limit the number of suspensions to be | ||||||
15 | entered pursuant to this paragraph for violations occurring | ||||||
16 | during any one monitoring period. Any person whose license is | ||||||
17 | suspended pursuant to this paragraph, after the summary | ||||||
18 | suspension had already terminated, shall have the right to | ||||||
19 | contest the suspension through a hearing with the Secretary, | ||||||
20 | pursuant to Section 2-118 of this Code. The only permit the | ||||||
21 | person shall be eligible for during this new suspension period | ||||||
22 | is a MDDP. | ||||||
23 | (k) A person who has had his or her summary suspension | ||||||
24 | extended for the third time, or has any combination of 3 | ||||||
25 | extensions and new suspensions, entered as a result of a | ||||||
26 | violation that occurred while holding the MDDP, so long as the |
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1 | extensions and new suspensions relate to the same summary | ||||||
2 | suspension, shall have his or her vehicle impounded for a | ||||||
3 | period of 30 days, at the person's own expense. A person who | ||||||
4 | has his or her summary suspension extended for the fourth time, | ||||||
5 | or has any combination of 4 extensions and new suspensions, | ||||||
6 | entered as a result of a violation that occurred while holding | ||||||
7 | the MDDP, so long as the extensions and new suspensions relate | ||||||
8 | to the same summary suspension, shall have his or her vehicle | ||||||
9 | subject to seizure and forfeiture. The Secretary shall notify | ||||||
10 | the prosecuting authority of any third or fourth extensions or | ||||||
11 | new suspension entered as a result of a violation that occurred | ||||||
12 | while the person held a MDDP. Upon receipt of the notification, | ||||||
13 | the prosecuting authority shall impound or forfeit the vehicle. | ||||||
14 | The impoundment or forfeiture of a vehicle shall be conducted | ||||||
15 | pursuant to the procedure specified in Article 36 of the | ||||||
16 | Criminal Code of 2012. | ||||||
17 | (l) A person whose driving privileges have been suspended | ||||||
18 | under Section 11-501.1 of this Code and who had a MDDP that was | ||||||
19 | cancelled, or would have been cancelled had notification of a | ||||||
20 | violation been received prior to expiration of the MDDP, | ||||||
21 | pursuant to subsection (c-1) of this Section, shall not be | ||||||
22 | eligible for reinstatement when the summary suspension is | ||||||
23 | scheduled to terminate. Instead, the person's driving | ||||||
24 | privileges shall be suspended for a period of not less than | ||||||
25 | twice the original summary suspension period, or for the length | ||||||
26 | of any extensions entered under subsection (j), whichever is |
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1 | longer. During the period of suspension, the person shall be | ||||||
2 | eligible only to apply for a restricted driving permit. If a | ||||||
3 | restricted driving permit is granted, the offender may only | ||||||
4 | operate vehicles equipped with a BAIID in accordance with this | ||||||
5 | Section. | ||||||
6 | (m) Any person or entity that supplies an ignition | ||||||
7 | interlock device under this Section shall, for each ignition | ||||||
8 | interlock device installed, pay 5% of the total gross revenue | ||||||
9 | received for the device, including monthly monitoring fees, | ||||||
10 | into the Indigent BAIID Fund. This 5% shall be clearly | ||||||
11 | indicated as a separate surcharge on each invoice that is | ||||||
12 | issued. The Secretary shall conduct an annual review of the | ||||||
13 | fund to determine whether the surcharge is sufficient to | ||||||
14 | provide for indigent users. The Secretary may increase or | ||||||
15 | decrease this surcharge requirement as needed. | ||||||
16 | (n) Any person or entity that supplies an ignition | ||||||
17 | interlock device under this Section that is requested to | ||||||
18 | provide an ignition interlock device to a person who presents | ||||||
19 | written documentation of indigency from the Secretary, as | ||||||
20 | provided in subsection (c-5) of this Section, shall install the | ||||||
21 | device on the person's vehicle without charge to the person and | ||||||
22 | shall seek reimbursement from the Indigent BAIID Fund. | ||||||
23 | (o) The Indigent BAIID Fund is created as a special fund in | ||||||
24 | the State treasury. The Secretary shall, subject to | ||||||
25 | appropriation by the General Assembly, use all money in the | ||||||
26 | Indigent BAIID Fund to reimburse ignition interlock device |
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1 | providers who have installed devices in vehicles of indigent | ||||||
2 | persons. The Secretary shall make payments to such providers | ||||||
3 | every 3 months. If the amount of money in the fund at the time | ||||||
4 | payments are made is not sufficient to pay all requests for | ||||||
5 | reimbursement submitted during that 3 month period, the | ||||||
6 | Secretary shall make payments on a pro-rata basis, and those | ||||||
7 | payments shall be considered payment in full for the requests | ||||||
8 | submitted. | ||||||
9 | (p) The Monitoring Device Driving Permit Administration | ||||||
10 | Fee Fund is created as a special fund in the State treasury. | ||||||
11 | The Secretary shall, subject to appropriation by the General | ||||||
12 | Assembly, use the money paid into this fund to offset its | ||||||
13 | administrative costs for administering MDDPs.
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14 | (q) The Secretary is authorized to prescribe such forms as | ||||||
15 | it deems necessary to carry out the provisions of this Section. | ||||||
16 | (Source: P.A. 97-229; 97-813, eff. 7-13-12; 97-1150, eff. | ||||||
17 | 1-25-13; 98-122, eff. 1-1-14.)
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18 | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) | ||||||
19 | (Text of Section from P.A. 96-1526 and 98-122) | ||||||
20 | Sec. 6-208.1. Period of statutory summary alcohol, other | ||||||
21 | drug,
or intoxicating compound related suspension or | ||||||
22 | revocation . | ||||||
23 | (a) Unless the statutory summary suspension has been | ||||||
24 | rescinded, any
person whose privilege to drive a motor vehicle | ||||||
25 | on the public highways has
been summarily suspended, pursuant |
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1 | to Section 11-501.1, shall not be
eligible for restoration of | ||||||
2 | the privilege until the expiration of: | ||||||
3 | 1. Twelve months from the effective date of the | ||||||
4 | statutory summary suspension
for a refusal or failure to | ||||||
5 | complete a test or tests authorized under
Section 11-501.1 , | ||||||
6 | if the person was not involved in a motor vehicle accident | ||||||
7 | that caused personal injury or death to another ; or | ||||||
8 | 2. Six months from the effective date of the statutory | ||||||
9 | summary
suspension imposed following the person's | ||||||
10 | submission to a chemical test
which disclosed an alcohol | ||||||
11 | concentration of 0.08 or more, or any
amount
of a
drug, | ||||||
12 | substance, or intoxicating compound in such person's
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13 | breath, blood, or
urine resulting
from the unlawful use or | ||||||
14 | consumption of cannabis listed in the Cannabis
Control Act, | ||||||
15 | a controlled substance listed in the Illinois
Controlled
| ||||||
16 | Substances Act, an intoxicating compound listed in the Use | ||||||
17 | of Intoxicating
Compounds Act, or methamphetamine as | ||||||
18 | listed in the Methamphetamine Control and Community | ||||||
19 | Protection Act, pursuant to Section 11-501.1; or | ||||||
20 | 3. Three years from the effective date of the statutory | ||||||
21 | summary suspension
for any person other than a first | ||||||
22 | offender who refuses or fails to
complete a test or tests | ||||||
23 | to determine the alcohol, drug, or
intoxicating
compound | ||||||
24 | concentration
pursuant to Section 11-501.1; or | ||||||
25 | 4. One year from the effective date of the summary | ||||||
26 | suspension imposed
for any person other than a first |
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1 | offender following submission to a
chemical test which | ||||||
2 | disclosed an alcohol concentration of 0.08 or
more
pursuant | ||||||
3 | to Section 11-501.1 or any amount of a drug, substance or
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4 | compound in such person's blood or urine resulting from the | ||||||
5 | unlawful use or
consumption of cannabis listed in the | ||||||
6 | Cannabis Control Act, a
controlled
substance listed in the | ||||||
7 | Illinois Controlled Substances Act, an
intoxicating
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8 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
9 | or methamphetamine as listed in the Methamphetamine | ||||||
10 | Control and Community Protection Act; or | ||||||
11 | 5. Six months from the effective date of the statutory | ||||||
12 | summary suspension imposed for any person following | ||||||
13 | submission to a standardized field sobriety test that | ||||||
14 | disclosed impairment if the person is a qualifying patient | ||||||
15 | licensed under the Compassionate Use of Medical Cannabis | ||||||
16 | Pilot Program Act who is in possession of a valid registry | ||||||
17 | card issued under that Act and submitted to testing under | ||||||
18 | subsection (a-5) of Section 11-501.1. | ||||||
19 | (b) Following a statutory summary suspension of the | ||||||
20 | privilege to drive a
motor vehicle under Section 11-501.1, | ||||||
21 | driving privileges shall be
restored unless the person is | ||||||
22 | otherwise suspended, revoked, or cancelled by this Code. If
the | ||||||
23 | court has reason to believe that the person's
driving privilege | ||||||
24 | should not be restored, the court shall notify
the Secretary of | ||||||
25 | State prior to the expiration of the statutory summary
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26 | suspension so appropriate action may be taken pursuant to this |
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1 | Code. | ||||||
2 | (c) Driving privileges may not be restored until all | ||||||
3 | applicable
reinstatement fees, as provided by this Code, have | ||||||
4 | been paid to the Secretary
of State and the appropriate entry | ||||||
5 | made to the driver's record. | ||||||
6 | (d) Where a driving privilege has been summarily suspended | ||||||
7 | or revoked under Section
11-501.1 and the person is | ||||||
8 | subsequently convicted of violating Section
11-501, or a | ||||||
9 | similar provision of a local ordinance, for the same incident,
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10 | any period served on statutory summary suspension or revocation | ||||||
11 | shall be credited toward
the minimum period of revocation of | ||||||
12 | driving privileges imposed pursuant to
Section 6-205. | ||||||
13 | (e) A first offender who refused chemical testing and whose | ||||||
14 | driving privileges were summarily revoked pursuant to Section | ||||||
15 | 11-501.1 shall not be eligible for a monitoring device driving | ||||||
16 | permit, but may make application for reinstatement or for a | ||||||
17 | restricted driving permit after a period of one year has | ||||||
18 | elapsed from the effective date of the revocation (Blank) . | ||||||
19 | (f) (Blank). | ||||||
20 | (g) Following a statutory summary suspension of driving | ||||||
21 | privileges
pursuant to Section 11-501.1 where the person was | ||||||
22 | not a first offender, as
defined in Section 11-500, the | ||||||
23 | Secretary of State may not issue a
restricted driving permit. | ||||||
24 | (h) (Blank). | ||||||
25 | (Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876, | ||||||
26 | eff. 8-21-08; 96-1526, eff. 2-14-11; 98-122, eff. 1-1-14.)
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1 | (Text of Section from P.A. 96-1344, 97-229, and 98-122) | ||||||
2 | Sec. 6-208.1. Period of statutory summary alcohol, other | ||||||
3 | drug,
or intoxicating compound related suspension or | ||||||
4 | revocation. | ||||||
5 | (a) Unless the statutory summary suspension has been | ||||||
6 | rescinded, any
person whose privilege to drive a motor vehicle | ||||||
7 | on the public highways has
been summarily suspended, pursuant | ||||||
8 | to Section 11-501.1, shall not be
eligible for restoration of | ||||||
9 | the privilege until the expiration of: | ||||||
10 | 1. Twelve months from the effective date of the | ||||||
11 | statutory summary suspension
for a refusal or failure to | ||||||
12 | complete a test or tests authorized under
Section 11-501.1, | ||||||
13 | if the person was not involved in a motor vehicle accident | ||||||
14 | crash that caused personal injury or death to another; or | ||||||
15 | 2. Six months from the effective date of the statutory | ||||||
16 | summary
suspension imposed following the person's | ||||||
17 | submission to a chemical test
which disclosed an alcohol | ||||||
18 | concentration of 0.08 or more, or any
amount
of a
drug, | ||||||
19 | substance, or intoxicating compound in such person's
| ||||||
20 | breath, blood, or
urine resulting
from the unlawful use or | ||||||
21 | consumption of cannabis listed in the Cannabis
Control Act, | ||||||
22 | a controlled substance listed in the Illinois
Controlled
| ||||||
23 | Substances Act, an intoxicating compound listed in the Use | ||||||
24 | of Intoxicating
Compounds Act, or methamphetamine as | ||||||
25 | listed in the Methamphetamine Control and Community |
| |||||||
| |||||||
1 | Protection Act, pursuant to Section 11-501.1; or | ||||||
2 | 3. Three years from the effective date of the statutory | ||||||
3 | summary suspension
for any person other than a first | ||||||
4 | offender who refuses or fails to
complete a test or tests | ||||||
5 | to determine the alcohol, drug, or
intoxicating
compound | ||||||
6 | concentration
pursuant to Section 11-501.1; or | ||||||
7 | 4. One year from the effective date of the summary | ||||||
8 | suspension imposed
for any person other than a first | ||||||
9 | offender following submission to a
chemical test which | ||||||
10 | disclosed an alcohol concentration of 0.08 or
more
pursuant | ||||||
11 | to Section 11-501.1 or any amount of a drug, substance or
| ||||||
12 | compound in such person's blood or urine resulting from the | ||||||
13 | unlawful use or
consumption of cannabis listed in the | ||||||
14 | Cannabis Control Act, a
controlled
substance listed in the | ||||||
15 | Illinois Controlled Substances Act, an
intoxicating
| ||||||
16 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
17 | or methamphetamine as listed in the Methamphetamine | ||||||
18 | Control and Community Protection Act; or | ||||||
19 | 5. Six months from the effective date of the statutory | ||||||
20 | summary suspension imposed for any person following | ||||||
21 | submission to a standardized field sobriety test that | ||||||
22 | disclosed impairment if the person is a qualifying patient | ||||||
23 | licensed under the Compassionate Use of Medical Cannabis | ||||||
24 | Pilot Program Act who is in possession of a valid registry | ||||||
25 | card issued under that Act and submitted to testing under | ||||||
26 | subsection (a-5) of Section 11-501.1. |
| |||||||
| |||||||
1 | (a-1) Unless the statutory summary revocation has been | ||||||
2 | rescinded, any person whose privilege to drive has been | ||||||
3 | summarily revoked pursuant to Section 11-501.1 may not make | ||||||
4 | application for a license or permit until the expiration of one | ||||||
5 | year from the effective date of the summary revocation. | ||||||
6 | (b) Following a statutory summary suspension of the | ||||||
7 | privilege to drive a
motor vehicle under Section 11-501.1, | ||||||
8 | driving privileges shall be
restored unless the person is | ||||||
9 | otherwise suspended, revoked, or cancelled by this Code. If
the | ||||||
10 | court has reason to believe that the person's
driving privilege | ||||||
11 | should not be restored, the court shall notify
the Secretary of | ||||||
12 | State prior to the expiration of the statutory summary
| ||||||
13 | suspension so appropriate action may be taken pursuant to this | ||||||
14 | Code. | ||||||
15 | (c) Driving privileges may not be restored until all | ||||||
16 | applicable
reinstatement fees, as provided by this Code, have | ||||||
17 | been paid to the Secretary
of State and the appropriate entry | ||||||
18 | made to the driver's record. | ||||||
19 | (d) Where a driving privilege has been summarily suspended | ||||||
20 | or revoked under Section
11-501.1 and the person is | ||||||
21 | subsequently convicted of violating Section
11-501, or a | ||||||
22 | similar provision of a local ordinance, for the same incident,
| ||||||
23 | any period served on statutory summary suspension or revocation | ||||||
24 | shall be credited toward
the minimum period of revocation of | ||||||
25 | driving privileges imposed pursuant to
Section 6-205. | ||||||
26 | (e) Following a statutory summary suspension of driving |
| |||||||
| |||||||
1 | privileges
pursuant to Section 11-501.1, for a first offender, | ||||||
2 | the circuit court shall, unless the offender has opted in | ||||||
3 | writing not to have a monitoring device driving permit issued, | ||||||
4 | order the Secretary of State to issue a monitoring device | ||||||
5 | driving permit as provided in Section 6-206.1. A monitoring | ||||||
6 | device driving permit shall not be effective prior to the 31st | ||||||
7 | day of the statutory summary suspension. A first offender who | ||||||
8 | refused chemical testing and whose driving privileges were | ||||||
9 | summarily revoked pursuant to Section 11-501.1 shall not be | ||||||
10 | eligible for a monitoring device driving permit, but may make | ||||||
11 | application for reinstatement or for a restricted driving | ||||||
12 | permit after a period of one year has elapsed from the | ||||||
13 | effective date of the revocation. | ||||||
14 | (f) (Blank). | ||||||
15 | (g) Following a statutory summary suspension of driving | ||||||
16 | privileges
pursuant to Section 11-501.1 where the person was | ||||||
17 | not a first offender, as
defined in Section 11-500, the | ||||||
18 | Secretary of State may not issue a
restricted driving permit. | ||||||
19 | (h) (Blank). | ||||||
20 | (Source: P.A. 96-1344, eff. 7-1-11; 97-229, eff. 7-28-11; | ||||||
21 | 98-122, eff. 1-1-14.)
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
|