Illinois General Assembly - Bill Status for HB5214

Amends the Illinois Vehicle Code. Defines "continuous alcohol monitoring device" as a device that automatically tests breath, blood, or transdermal alcohol concentration levels at least once every hour and detects tamper attempts, regardless of the location of the person who is being monitored, and regularly transmits the data. Provides that if a person is found guilty of driving while his or her driving privileges are suspended for a fourth, fifth, sixth, seventh, eighth, or ninth time and the license suspension was for a conviction of driving under the influence of alcohol or drugs or other prohibited substances or a summary suspension under the implied consent provisions of the Illinois Vehicle Code, that person is guilty of a Class 4 felony and must serve a minimum term of imprisonment of 180 days or serve a minimum of 60 days and abstain from consuming alcohol while wearing a continuous alcohol monitoring device to verify compliance for 270 days (rather than being guilty of a Class 4 felony and serving a minimum term of imprisonment of 180 days). Provides that for a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of the same, after a term of imprisonment, the person shall abstain from consuming alcohol and wear a continuous alcohol monitoring device to verify compliance for 365 days.

Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Defines "continuous alcohol monitoring device" as a device that automatically tests breath, blood, or transdermal alcohol concentration levels at least once every hour and detects tamper attempts, regardless of the location of the person who is being monitored, and regularly transmits the data. Provides that a person may comply with monitoring device driving permit requirements by being fitted with a continuous alcohol monitoring device, and makes corresponding changes. Provides that continuous alcohol monitoring device providers must comply with certain requirements. Provides that if a person is found guilty of driving while his or her driving privileges are suspended for a fourth, fifth, sixth, seventh, eighth, or ninth time and the license suspension was for a conviction of driving under the influence of alcohol or drugs or other prohibited substances or a summary suspension under the implied consent provisions of the Illinois Vehicle Code, that person is guilty of a Class 4 felony and must serve a minimum term of imprisonment of 180 days or serve a minimum of 60 days and abstain from consuming alcohol while wearing a continuous alcohol monitoring device to verify compliance for 270 days (rather than being guilty of a Class 4 felony and serving a minimum term of imprisonment of 180 days). Provides that for a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of the same, after a term of imprisonment, the person shall abstain from consuming alcohol and wear a continuous alcohol monitoring device to verify compliance for 365 days.

Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Defines "continuous alcohol monitoring device" as a device that automatically tests breath, blood, or transdermal alcohol concentration levels at least once every hour and detects tamper attempts, regardless of the location of the person who is being monitored, and regularly transmits the data. Provides that a person may comply with monitoring device driving permit (MDDP) requirements by being fitted with a continuous alcohol monitoring device and abstaining from alcohol. Provides that if the holder of the MDDP has been fitted with a continuous alcohol monitoring device and the continuous alcohol monitoring device detects the presence of alcohol in the person's system, the person shall be required to install an ignition interlock device and shall be subject to the rules governing ignition interlock devices. Provides that if, after giving notice of the requirement to install the ignition interlock device, the Secretary does not receive notice of installation of an ignition interlock device within 14 days, the Secretary shall cancel the MDDP. Makes corresponding changes in the Illinois Vehicle Code and in the Unified Code of Corrections. Provides that continuous alcohol monitoring device providers must comply with certain requirements. Provides that a person sentenced for driving under the influence who is required as a condition of supervision, probation, or conditional discharge to be fitted with a continuous alcohol monitoring device must be fitted with the continuous alcohol monitoring device by an in-county provider.

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