Bill Text: IL SB1460 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning monitoring device driving permits.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB1460 Detail]
Download: Illinois-2011-SB1460-Introduced.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 6-206.1 as follows:
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6 | (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
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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 | the
State of Illinois that the driver who is impaired by | |||||||||||||||||||
10 | alcohol, other drug or
drugs, or intoxicating compound or | |||||||||||||||||||
11 | compounds is a
threat to the public safety and welfare. | |||||||||||||||||||
12 | Therefore, to
provide a deterrent to such practice, a statutory | |||||||||||||||||||
13 | summary driver's license suspension is appropriate.
It is also | |||||||||||||||||||
14 | recognized that driving is a privilege and therefore, that the | |||||||||||||||||||
15 | granting of driving privileges, in a manner consistent with | |||||||||||||||||||
16 | public
safety, is warranted during the period of suspension in | |||||||||||||||||||
17 | the form of a monitoring device driving permit. A person who | |||||||||||||||||||
18 | drives and fails to comply with the requirements of the | |||||||||||||||||||
19 | monitoring device driving permit commits a violation of Section | |||||||||||||||||||
20 | 6-303 of this Code. | |||||||||||||||||||
21 | The following procedures shall apply whenever
a first | |||||||||||||||||||
22 | offender is arrested for any offense as defined in Section | |||||||||||||||||||
23 | 11-501
or a similar provision of a local ordinance:
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1 | (a) Subsequent to a notification of a statutory summary | ||||||
2 | suspension of
driving privileges as provided in Section | ||||||
3 | 11-501.1, the court, after informing the first offender, as | ||||||
4 | defined in Section 11-500, of his or her right to a monitoring | ||||||
5 | device driving permit, hereinafter referred to as a MDDP, and | ||||||
6 | of the obligations of the MDDP, shall enter an order directing | ||||||
7 | the Secretary of State (hereinafter referred to as the | ||||||
8 | Secretary) to issue a MDDP to the offender, unless the offender | ||||||
9 | has opted, in writing, not to have a MDDP issued. After opting | ||||||
10 | out of having a MDDP issued, at any time during the summary | ||||||
11 | suspension, the offender may petition the court for an order | ||||||
12 | directing the Secretary to issue a MDDP. However, the court | ||||||
13 | shall not enter the order directing the Secretary to issue the | ||||||
14 | MDDP, in any instance, if the court finds:
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15 | (1) The offender's driver's license is otherwise | ||||||
16 | invalid; | ||||||
17 | (2) Death or great bodily harm resulted from the arrest | ||||||
18 | for Section 11-501; | ||||||
19 | (3) That the offender has been previously convicted of | ||||||
20 | reckless homicide or aggravated driving under the | ||||||
21 | influence involving death; or | ||||||
22 | (4) That the offender is less than 18 years of age. | ||||||
23 | Any court order for a MDDP shall order the person to pay | ||||||
24 | the Secretary a MDDP Administration Fee in an amount not to | ||||||
25 | exceed $30 per month, to be deposited into the Monitoring | ||||||
26 | Device Driving Permit Administration Fee Fund. The Secretary |
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1 | shall establish by rule the amount and the procedures, terms, | ||||||
2 | and conditions relating to these fees. The order shall further | ||||||
3 | specify that the offender must have an ignition interlock | ||||||
4 | device installed within 14 days of the date the Secretary | ||||||
5 | issues the MDDP. The ignition interlock device provider must | ||||||
6 | notify the Secretary, in a manner and form prescribed by the | ||||||
7 | Secretary, of the installation. If the Secretary does not | ||||||
8 | receive notice of installation, the Secretary shall cancel the | ||||||
9 | MDDP.
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10 | A MDDP shall not become effective prior to the 31st
day of | ||||||
11 | the original statutory summary suspension.
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12 | (a-1) A person issued a MDDP may drive for any purpose and | ||||||
13 | at any time, subject to the rules adopted by the Secretary | ||||||
14 | under subsection (g). The person must, at his or her own | ||||||
15 | expense, drive only vehicles equipped with an ignition | ||||||
16 | interlock device as defined in Section 1-129.1, but in no event | ||||||
17 | shall such person drive a commercial motor vehicle. | ||||||
18 | (a-2) Persons who are issued a MDDP and must drive | ||||||
19 | employer-owned vehicles in the course of their employment | ||||||
20 | duties may seek permission to drive an employer-owned vehicle | ||||||
21 | that does not have an ignition interlock device. The employer | ||||||
22 | shall provide to the Secretary a form, as prescribed by the | ||||||
23 | Secretary, completed by the employer verifying that the | ||||||
24 | employee must drive an employer-owned vehicle in the course of | ||||||
25 | employment. If approved by the Secretary, the form must be in | ||||||
26 | the driver's possession while operating an employer-owner |
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1 | vehicle not equipped with an ignition interlock device. No | ||||||
2 | person may use this exemption to drive a school bus, school | ||||||
3 | vehicle, or a vehicle designed to transport more than 15 | ||||||
4 | passengers. No person may use this exemption to drive an | ||||||
5 | employer-owned motor vehicle that is owned by an entity that is | ||||||
6 | wholly or partially owned by the person holding the MDDP, or by | ||||||
7 | a family member of the person holding the MDDP. No person may | ||||||
8 | use this exemption to drive an employer-owned vehicle that is | ||||||
9 | made available to the employee for personal use. No person may | ||||||
10 | drive the exempted vehicle more than 12 hours per day, 6 days | ||||||
11 | per week.
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12 | (b) (Blank).
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13 | (c) (Blank).
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14 | (c-1) If the holder of the MDDP is convicted of or receives | ||||||
15 | court supervision for a violation of Section 6-206.2, 6-303, | ||||||
16 | 11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar | ||||||
17 | provision of a local ordinance or a similar out-of-state | ||||||
18 | offense or is convicted of or receives court supervision for | ||||||
19 | any offense for which alcohol or drugs is an element of the | ||||||
20 | offense and in which a motor vehicle was involved (for an | ||||||
21 | arrest other than the one for which the MDDP is issued), or | ||||||
22 | de-installs the BAIID without prior authorization from the | ||||||
23 | Secretary, the MDDP shall be cancelled.
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24 | (c-5) If the court determines that the person seeking the | ||||||
25 | MDDP is indigent, the court shall provide the person with a | ||||||
26 | written document, in a form prescribed by the Secretary, as |
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1 | evidence of that determination, and the person shall provide | ||||||
2 | that written document to an ignition interlock device provider. | ||||||
3 | The provider shall install an ignition interlock device on that | ||||||
4 | person's vehicle without charge to the person, and seek | ||||||
5 | reimbursement from the Indigent BAIID Fund.
If the court has | ||||||
6 | deemed an offender indigent, the BAIID provider shall also | ||||||
7 | provide the normal monthly monitoring services and the | ||||||
8 | de-installation without charge to the offender and seek | ||||||
9 | reimbursement from the Indigent BAIID Fund. Any other monetary | ||||||
10 | charges, such as a lockout fee or reset fee, shall be the | ||||||
11 | responsibility of the MDDP holder. A BAIID provider may not | ||||||
12 | seek a security deposit from the Indigent BAIID Fund. The court | ||||||
13 | shall also forward a copy of the indigent determination to the | ||||||
14 | Secretary, in a manner and form as prescribed by the Secretary. | ||||||
15 | (d) The Secretary shall, upon receiving a court order, | ||||||
16 | issue a MDDP to a person who applies for a MDDP under this
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17 | Section. Such court order shall contain the name, driver's
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18 | license number, and legal address of the applicant. This | ||||||
19 | information
shall be available only to the courts, police | ||||||
20 | officers, and the Secretary, except during the actual period | ||||||
21 | the MDDP is valid, during which
time it shall be a public | ||||||
22 | record. The Secretary shall design and
furnish to the courts an | ||||||
23 | official court order form to be used by the courts
when | ||||||
24 | directing the Secretary to issue a MDDP.
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25 | Any submitted court order that contains insufficient data | ||||||
26 | or fails to
comply with this Code shall not be utilized for |
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1 | MDDP issuance or entered to
the driver record but shall be | ||||||
2 | returned to the issuing court indicating why
the MDDP cannot be | ||||||
3 | so entered. A notice of this action shall also be sent
to the | ||||||
4 | MDDP applicant by the Secretary.
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5 | (e) (Blank).
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6 | (f) (Blank).
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7 | (g) The Secretary shall adopt rules for implementing this | ||||||
8 | Section. The rules adopted shall address issues including, but | ||||||
9 | not limited to: compliance with the requirements of the MDDP; | ||||||
10 | methods for determining compliance with those requirements; | ||||||
11 | the consequences of noncompliance with those requirements; | ||||||
12 | what constitutes a violation of the MDDP; and the duties of a | ||||||
13 | person or entity that supplies the ignition interlock device. | ||||||
14 | (h) The rules adopted under subsection (g) shall provide, | ||||||
15 | at a minimum, that the person is not in compliance with the | ||||||
16 | requirements of the MDDP if he or she: | ||||||
17 | (1) tampers or attempts to tamper with or circumvent | ||||||
18 | the proper operation of the ignition interlock device; | ||||||
19 | (2) provides valid breath samples that register blood | ||||||
20 | alcohol levels in excess of the number of times allowed | ||||||
21 | under the rules; | ||||||
22 | (3) fails to provide evidence sufficient to satisfy the | ||||||
23 | Secretary that the ignition interlock device has been | ||||||
24 | installed in the designated vehicle or vehicles; or | ||||||
25 | (4) fails to follow any other applicable rules adopted | ||||||
26 | by the Secretary. |
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1 | (i) Any person or entity that supplies an ignition | ||||||
2 | interlock device as provided under this Section shall, in | ||||||
3 | addition to supplying only those devices which fully comply | ||||||
4 | with all the rules adopted under subsection (g), provide the | ||||||
5 | Secretary, within 7 days of inspection, all monitoring reports | ||||||
6 | of each person who has had an ignition interlock device | ||||||
7 | installed. These reports shall be furnished in a manner or form | ||||||
8 | as prescribed by the Secretary. | ||||||
9 | (j) Upon making a determination that a violation of the | ||||||
10 | requirements of the MDDP has occurred, the Secretary shall | ||||||
11 | extend the summary suspension period for an additional 3 months | ||||||
12 | beyond the originally imposed summary suspension period, | ||||||
13 | during which time the person shall only be allowed to drive | ||||||
14 | vehicles equipped with an ignition interlock device; provided | ||||||
15 | further there are no limitations on the total number of times | ||||||
16 | the summary suspension may be extended. The Secretary may, | ||||||
17 | however, limit the number of extensions imposed for violations | ||||||
18 | occurring during any one monitoring period, as set forth by | ||||||
19 | rule. Any person whose summary suspension is extended pursuant | ||||||
20 | to this Section shall have the right to contest the extension | ||||||
21 | through a hearing with the Secretary, pursuant to Section 2-118 | ||||||
22 | of this Code. If the summary suspension has already terminated | ||||||
23 | prior to the Secretary receiving the monitoring report that | ||||||
24 | shows a violation, the Secretary shall be authorized to suspend | ||||||
25 | the person's driving privileges for 3 months, provided that the | ||||||
26 | Secretary may, by rule, limit the number of suspensions to be |
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1 | entered pursuant to this paragraph for violations occurring | ||||||
2 | during any one monitoring period. Any person whose license is | ||||||
3 | suspended pursuant to this paragraph, after the summary | ||||||
4 | suspension had already terminated, shall have the right to | ||||||
5 | contest the suspension through a hearing with the Secretary, | ||||||
6 | pursuant to Section 2-118 of this Code. The only permit the | ||||||
7 | person shall be eligible for during this new suspension period | ||||||
8 | is a MDDP. | ||||||
9 | (k) A person who has had his or her summary suspension | ||||||
10 | extended for the third time, or has any combination of 3 | ||||||
11 | extensions and new suspensions, entered as a result of a | ||||||
12 | violation that occurred while holding the MDDP, so long as the | ||||||
13 | extensions and new suspensions relate to the same summary | ||||||
14 | suspension, shall have his or her vehicle impounded for a | ||||||
15 | period of 30 days, at the person's own expense. A person who | ||||||
16 | has his or her summary suspension extended for the fourth time, | ||||||
17 | or has any combination of 4 extensions and new suspensions, | ||||||
18 | entered as a result of a violation that occurred while holding | ||||||
19 | the MDDP, so long as the extensions and new suspensions relate | ||||||
20 | to the same summary suspension, shall have his or her vehicle | ||||||
21 | subject to seizure and forfeiture. The Secretary shall notify | ||||||
22 | the prosecuting authority of any third or fourth extensions or | ||||||
23 | new suspension entered as a result of a violation that occurred | ||||||
24 | while the person held a MDDP. Upon receipt of the notification, | ||||||
25 | the prosecuting authority shall impound or forfeit the vehicle. | ||||||
26 | (l) A person whose driving privileges have been suspended |
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1 | under Section 11-501.1 of this Code and who had a MDDP that was | ||||||
2 | cancelled, or would have been cancelled had notification of a | ||||||
3 | violation been received prior to expiration of the MDDP, | ||||||
4 | pursuant to subsection (c-1) of this Section, shall not be | ||||||
5 | eligible for reinstatement when the summary suspension is | ||||||
6 | scheduled to terminate. Instead, the person's driving | ||||||
7 | privileges shall be suspended for a period of not less than | ||||||
8 | twice the original summary suspension period, or for the length | ||||||
9 | of any extensions entered under subsection (j), whichever is | ||||||
10 | longer. During the period of suspension, the person shall be | ||||||
11 | eligible only to apply for a restricted driving permit. If a | ||||||
12 | restricted driving permit is granted, the offender may only | ||||||
13 | operate vehicles equipped with a BAIID in accordance with this | ||||||
14 | Section. | ||||||
15 | (m) Any person or entity that supplies an ignition | ||||||
16 | interlock device under this Section shall, for each ignition | ||||||
17 | interlock device installed, pay 5% of the total gross revenue | ||||||
18 | received for the device, including monthly monitoring fees, | ||||||
19 | into the Indigent BAIID Fund. This 5% shall be clearly | ||||||
20 | indicated as a separate surcharge on each invoice that is | ||||||
21 | issued. The Secretary shall conduct an annual review of the | ||||||
22 | fund to determine whether the surcharge is sufficient to | ||||||
23 | provide for indigent users. The Secretary may increase or | ||||||
24 | decrease this surcharge requirement as needed. | ||||||
25 | (n) Any person or entity that supplies an ignition | ||||||
26 | interlock device under this Section that is requested to |
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1 | provide an ignition interlock device to a person who presents | ||||||
2 | written documentation of indigency from the court, as provided | ||||||
3 | in subsection (c-5) of this Section, shall install the device | ||||||
4 | on the person's vehicle without charge to the person and shall | ||||||
5 | seek reimbursement from the Indigent BAIID Fund. | ||||||
6 | (o) The Indigent BAIID Fund is created as a special fund in | ||||||
7 | the State treasury. The Secretary shall, subject to | ||||||
8 | appropriation by the General Assembly, use all money in the | ||||||
9 | Indigent BAIID Fund to reimburse ignition interlock device | ||||||
10 | providers who have installed devices in vehicles of indigent | ||||||
11 | persons pursuant to court orders issued under this Section. The | ||||||
12 | Secretary shall make payments to such providers every 3 months. | ||||||
13 | If the amount of money in the fund at the time payments are | ||||||
14 | made is not sufficient to pay all requests for reimbursement | ||||||
15 | submitted during that 3 month period, the Secretary shall make | ||||||
16 | payments on a pro-rata basis, and those payments shall be | ||||||
17 | considered payment in full for the requests submitted. | ||||||
18 | (p) The Monitoring Device Driving Permit Administration | ||||||
19 | Fee Fund is created as a special fund in the State treasury. | ||||||
20 | The Secretary shall, subject to appropriation by the General | ||||||
21 | Assembly, use the money paid into this fund to offset its | ||||||
22 | administrative costs for administering MDDPs.
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23 | (Source: P.A. 95-400, eff. 1-1-09; 95-578, eff. 1-1-09; 95-855, | ||||||
24 | eff. 1-1-09; 95-876, eff. 8-21-08; 96-184, eff. 8-10-09.)
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