Bill Text: IL HB5042 | 2017-2018 | 100th General Assembly | Engrossed
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 such time as the Secretary receives a court order containing a factual basis for rescission. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2019-01-08 - Session Sine Die [HB5042 Detail]
Download: Illinois-2017-HB5042-Engrossed.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 | Section 2-118.1 as follows:
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6 | (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
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7 | Sec. 2-118.1. Opportunity for hearing; statutory summary | ||||||
8 | alcohol
or other drug related suspension or revocation pursuant | ||||||
9 | to Section 11-501.1. | ||||||
10 | (a) A statutory summary suspension or revocation of driving | ||||||
11 | privileges under Section
11-501.1 shall not become effective | ||||||
12 | until the person is notified in writing of
the impending | ||||||
13 | suspension or revocation and informed that he may request a | ||||||
14 | hearing in the
circuit court of venue under paragraph (b) of | ||||||
15 | this Section and the statutory
summary suspension or revocation | ||||||
16 | shall become effective as provided in Section 11-501.1. | ||||||
17 | (b) Within 90 days after the notice of statutory summary
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18 | suspension or revocation served under Section
11-501.1, the | ||||||
19 | person may make a written request for a judicial hearing in
the | ||||||
20 | circuit court of venue. The request to the circuit court shall | ||||||
21 | state
the grounds upon which the person seeks to have the | ||||||
22 | statutory summary
suspension or revocation rescinded. Within | ||||||
23 | 30 days after receipt of the written request
or the first |
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1 | appearance date on the Uniform Traffic Ticket issued pursuant
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2 | to a violation of Section 11-501, or a similar provision of a | ||||||
3 | local
ordinance, the hearing shall be conducted by the circuit | ||||||
4 | court having
jurisdiction. This judicial hearing, request, or | ||||||
5 | process shall not stay or
delay the statutory summary | ||||||
6 | suspension or revocation. The hearings shall proceed in the
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7 | court in the same manner as in other civil proceedings. | ||||||
8 | The hearing may be conducted upon a review of the law | ||||||
9 | enforcement
officer's own official reports; provided however, | ||||||
10 | that the person may
subpoena the officer. Failure of the | ||||||
11 | officer to answer the subpoena shall
be considered grounds for | ||||||
12 | a continuance if in the court's discretion the
continuance is | ||||||
13 | appropriate. | ||||||
14 | The scope of the hearing shall be limited to the issues of: | ||||||
15 | 1. Whether the person was placed under arrest for an | ||||||
16 | offense as defined
in Section 11-501, or a similar | ||||||
17 | provision of a local ordinance, as evidenced
by the | ||||||
18 | issuance of a Uniform Traffic Ticket, or issued a Uniform | ||||||
19 | Traffic
Ticket out of state as provided in subsection (a) | ||||||
20 | of Section 11-501.1; and | ||||||
21 | 2. Whether the officer had reasonable grounds to | ||||||
22 | believe that
the person was driving or in actual physical | ||||||
23 | control of a motor vehicle
upon a highway while under the | ||||||
24 | influence of alcohol, other drug, or
combination of both; | ||||||
25 | and | ||||||
26 | 3. Whether the person, after being advised by the |
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1 | officer
that the privilege to operate a motor vehicle would | ||||||
2 | be suspended or revoked if the
person refused to submit to | ||||||
3 | and complete the test or tests, did refuse to
submit to or | ||||||
4 | complete the test or tests to determine the person's blood | ||||||
5 | alcohol or drug concentration; or | ||||||
6 | 4. Whether the person, after being advised by the | ||||||
7 | officer that
the privilege to operate a motor vehicle would | ||||||
8 | be suspended if the person
submits to a chemical test, or | ||||||
9 | tests, and the test discloses an alcohol
concentration of | ||||||
10 | 0.08 or more, a tetrahydrocannabinol concentration as | ||||||
11 | defined in paragraph 6 of subsection (a) of Section | ||||||
12 | 11-501.2 of this Code, or any amount of a drug, substance,
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13 | or compound in the person's blood, other bodily substance, | ||||||
14 | or urine resulting from the unlawful use or
consumption of | ||||||
15 | a controlled
substance listed in the Illinois Controlled | ||||||
16 | Substances Act, an intoxicating
compound as listed in the | ||||||
17 | Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
18 | listed in the Methamphetamine Control and Community | ||||||
19 | Protection Act, and the person
did submit to and complete | ||||||
20 | the test or tests that determined an alcohol
concentration | ||||||
21 | of 0.08 or more. | ||||||
22 | 4.2. (Blank). | ||||||
23 | 4.5. (Blank). | ||||||
24 | 5. If the person's driving privileges were revoked, | ||||||
25 | whether the person was involved in a motor vehicle accident | ||||||
26 | that caused Type A injury or death to another. |
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1 | Upon the conclusion of the judicial hearing, the circuit | ||||||
2 | court shall
sustain or rescind the statutory summary suspension | ||||||
3 | or revocation and immediately notify
the Secretary of State. | ||||||
4 | Any court order rescinding a statutory summary suspension or | ||||||
5 | revocation must contain a factual basis for the rescission. | ||||||
6 | Upon receipt of a court order rescinding a statutory summary | ||||||
7 | suspension or revocation that does not contain a factual basis | ||||||
8 | for the rescission, the Secretary of State shall return the | ||||||
9 | order to the court and shall be prohibited from rescinding the | ||||||
10 | statutory summary suspension until such time as the Secretary | ||||||
11 | receives a court order containing a factual basis for the | ||||||
12 | rescission. Reports received by the Secretary of State under
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13 | this Section shall be privileged information and for use only | ||||||
14 | by the
courts, police officers, and Secretary of State. | ||||||
15 | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; | ||||||
16 | 99-697, eff. 7-29-16.)
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
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