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Full Text of SB3775  96th General Assembly

SB3775enr 96TH GENERAL ASSEMBLY

  
  
  

 


 
SB3775 EnrolledLRB096 18655 AJT 34039 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 1-129.1, 6-206.1, and 6-208.1 as follows:
 
6    (625 ILCS 5/1-129.1)
7    Sec. 1-129.1. Ignition interlock device, breath alcohol
8ignition interlock device (BAIID). A device installed in a
9motor vehicle that prevents the vehicle from starting until the
10device has determined by an analysis of the driver's breath
11that the driver's breath blood alcohol is below a certain
12preset level.
13(Source: P.A. 91-127, eff. 1-1-00.)
 
14    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
15    Sec. 6-206.1. Monitoring Device Driving Permit.
16Declaration of Policy. It is hereby declared a policy of the
17State of Illinois that the driver who is impaired by alcohol,
18other drug or drugs, or intoxicating compound or compounds is a
19threat to the public safety and welfare. Therefore, to provide
20a deterrent to such practice, a statutory summary driver's
21license suspension is appropriate. It is also recognized that
22driving is a privilege and therefore, that the granting of

 

 

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1driving privileges, in a manner consistent with public safety,
2is warranted during the period of suspension in the form of a
3monitoring device driving permit. A person who drives and fails
4to comply with the requirements of the monitoring device
5driving permit commits a violation of Section 6-303 of this
6Code.
7    The following procedures shall apply whenever a first
8offender, as defined in Section 11-500 of this Code, is
9arrested for any offense as defined in Section 11-501 or a
10similar provision of a local ordinance and is subject to the
11provisions of Section 11-501.1:
12    (a) Upon mailing of the notice of suspension of driving
13privileges as provided in subsection (h) of Section 11-501.1 of
14this Code, the Secretary shall also send written notice
15informing the person that he or she will be issued a monitoring
16device driving permit (MDDP). The notice shall include, at
17minimum, information summarizing the procedure to be followed
18for issuance of the MDDP, installation of the breath alcohol
19ignition installation device (BAIID), as provided in this
20Section, exemption from BAIID installation requirements, and
21procedures to be followed by those seeking indigent status, as
22provided in this Section. The notice shall also include
23information summarizing the procedure to be followed if the
24person wishes to decline issuance of the MDDP. A copy of the
25notice shall also be sent to the court of venue together with
26the notice of suspension of driving privileges, as provided in

 

 

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1subsection (h) of Section 11-501. However, a MDDP shall not be
2issued if the Secretary finds that: Subsequent to a
3notification of a statutory summary suspension of driving
4privileges as provided in Section 11-501.1, the court, after
5informing the first offender, as defined in Section 11-500, of
6his or her right to a monitoring device driving permit,
7hereinafter referred to as a MDDP, and of the obligations of
8the MDDP, shall enter an order directing the Secretary of State
9(hereinafter referred to as the Secretary) to issue a MDDP to
10the offender, unless the offender has opted, in writing, not to
11have a MDDP issued. After opting out of having a MDDP issued,
12at any time during the summary suspension, the offender may
13petition the court for an order directing the Secretary to
14issue a MDDP. However, the court shall not enter the order
15directing the Secretary to issue the MDDP, in any instance, if
16the court finds:
17        (1) The offender's driver's license is otherwise
18    invalid;
19        (2) Death or great bodily harm resulted from the arrest
20    for Section 11-501;
21        (3) The That the offender has been previously convicted
22    of reckless homicide or aggravated driving under the
23    influence involving death; or
24        (4) The That the offender is less than 18 years of age.
25    Any offender participating in the MDDP program must Any
26court order for a MDDP shall order the person to pay the

 

 

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1Secretary a MDDP Administration Fee in an amount not to exceed
2$30 per month, to be deposited into the Monitoring Device
3Driving Permit Administration Fee Fund. The Secretary shall
4establish by rule the amount and the procedures, terms, and
5conditions relating to these fees. The The order shall further
6specify that the offender must have an ignition interlock
7device installed within 14 days of the date the Secretary
8issues the MDDP. The ignition interlock device provider must
9notify the Secretary, in a manner and form prescribed by the
10Secretary, of the installation. If the Secretary does not
11receive notice of installation, the Secretary shall cancel the
12MDDP.
13    A MDDP shall not become effective prior to the 31st day of
14the original statutory summary suspension.
15    Upon receipt of the notice, as provided in paragraph (a) of
16this Section, the person may file a petition to decline
17issuance of the MDDP with the court of venue. The court shall
18admonish the offender of all consequences of declining issuance
19of the MDDP including, but not limited to, the enhanced
20penalties for driving while suspended. After being so
21admonished, the offender shall be permitted, in writing, to
22execute a notice declining issuance of the MDDP. This notice
23shall be filed with the court and forwarded by the clerk of the
24court to the Secretary. The offender may, at any time
25thereafter, apply to the Secretary for issuance of a MDDP.
26    (a-1) A person issued a MDDP may drive for any purpose and

 

 

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1at any time, subject to the rules adopted by the Secretary
2under subsection (g). The person must, at his or her own
3expense, drive only vehicles equipped with an ignition
4interlock device as defined in Section 1-129.1, but in no event
5shall such person drive a commercial motor vehicle.
6    (a-2) Persons who are issued a MDDP and must drive
7employer-owned vehicles in the course of their employment
8duties may seek permission to drive an employer-owned vehicle
9that does not have an ignition interlock device. The employer
10shall provide to the Secretary a form, as prescribed by the
11Secretary, completed by the employer verifying that the
12employee must drive an employer-owned vehicle in the course of
13employment. If approved by the Secretary, the form must be in
14the driver's possession while operating an employer-owner
15vehicle not equipped with an ignition interlock device. No
16person may use this exemption to drive a school bus, school
17vehicle, or a vehicle designed to transport more than 15
18passengers. No person may use this exemption to drive an
19employer-owned motor vehicle that is owned by an entity that is
20wholly or partially owned by the person holding the MDDP, or by
21a family member of the person holding the MDDP. No person may
22use this exemption to drive an employer-owned vehicle that is
23made available to the employee for personal use. No person may
24drive the exempted vehicle more than 12 hours per day, 6 days
25per week.
26    (a-3) Persons who are issued a MDDP and who must drive a

 

 

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1farm tractor to and from a farm, within 50 air miles from the
2originating farm are exempt from installation of a BAIID on the
3farm tractor, so long as the farm tractor is being used for the
4exclusive purpose of conducting farm operations.
5    (b) (Blank).
6    (c) (Blank).
7    (c-1) If the holder of the MDDP is convicted of or receives
8court supervision for a violation of Section 6-206.2, 6-303,
911-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
10provision of a local ordinance or a similar out-of-state
11offense or is convicted of or receives court supervision for
12any offense for which alcohol or drugs is an element of the
13offense and in which a motor vehicle was involved (for an
14arrest other than the one for which the MDDP is issued), or
15de-installs the BAIID without prior authorization from the
16Secretary, the MDDP shall be cancelled.
17    (c-5) If the Secretary court determines that the person
18seeking the MDDP is indigent, the Secretary court shall provide
19the person with a written document, in a form prescribed by the
20Secretary, as evidence of that determination, and the person
21shall provide that written document to an ignition interlock
22device provider. The provider shall install an ignition
23interlock device on that person's vehicle without charge to the
24person, and seek reimbursement from the Indigent BAIID Fund. If
25the Secretary court has deemed an offender indigent, the BAIID
26provider shall also provide the normal monthly monitoring

 

 

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1services and the de-installation without charge to the offender
2and seek reimbursement from the Indigent BAIID Fund. Any other
3monetary charges, such as a lockout fee or reset fee, shall be
4the responsibility of the MDDP holder. A BAIID provider may not
5seek a security deposit from the Indigent BAIID Fund. The court
6shall also forward a copy of the indigent determination to the
7Secretary, in a manner and form as prescribed by the Secretary.
8    (d) MDDP The Secretary shall, upon receiving a court order,
9issue a MDDP to a person who applies for a MDDP under this
10Section. Such court order shall contain the name, driver's
11license number, and legal address of the applicant. This
12information shall be available only to the courts, police
13officers, and the Secretary, except during the actual period
14the MDDP is valid, during which time it shall be a public
15record. The Secretary shall design and furnish to the courts an
16official court order form to be used by the courts when
17directing the Secretary to issue a MDDP.
18    Any submitted court order that contains insufficient data
19or fails to comply with this Code shall not be utilized for
20MDDP issuance or entered to the driver record but shall be
21returned to the issuing court indicating why the MDDP cannot be
22so entered. A notice of this action shall also be sent to the
23MDDP applicant by the Secretary.
24    (e) (Blank).
25    (f) (Blank).
26    (g) The Secretary shall adopt rules for implementing this

 

 

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1Section. The rules adopted shall address issues including, but
2not limited to: compliance with the requirements of the MDDP;
3methods for determining compliance with those requirements;
4the consequences of noncompliance with those requirements;
5what constitutes a violation of the MDDP; methods for
6determining indigency; and the duties of a person or entity
7that supplies the ignition interlock device.
8    (h) The rules adopted under subsection (g) shall provide,
9at a minimum, that the person is not in compliance with the
10requirements of the MDDP if he or she:
11        (1) tampers or attempts to tamper with or circumvent
12    the proper operation of the ignition interlock device;
13        (2) provides valid breath samples that register blood
14    alcohol levels in excess of the number of times allowed
15    under the rules;
16        (3) fails to provide evidence sufficient to satisfy the
17    Secretary that the ignition interlock device has been
18    installed in the designated vehicle or vehicles; or
19        (4) fails to follow any other applicable rules adopted
20    by the Secretary.
21    (i) Any person or entity that supplies an ignition
22interlock device as provided under this Section shall, in
23addition to supplying only those devices which fully comply
24with all the rules adopted under subsection (g), provide the
25Secretary, within 7 days of inspection, all monitoring reports
26of each person who has had an ignition interlock device

 

 

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1installed. These reports shall be furnished in a manner or form
2as prescribed by the Secretary.
3    (j) Upon making a determination that a violation of the
4requirements of the MDDP has occurred, the Secretary shall
5extend the summary suspension period for an additional 3 months
6beyond the originally imposed summary suspension period,
7during which time the person shall only be allowed to drive
8vehicles equipped with an ignition interlock device; provided
9further there are no limitations on the total number of times
10the summary suspension may be extended. The Secretary may,
11however, limit the number of extensions imposed for violations
12occurring during any one monitoring period, as set forth by
13rule. Any person whose summary suspension is extended pursuant
14to this Section shall have the right to contest the extension
15through a hearing with the Secretary, pursuant to Section 2-118
16of this Code. If the summary suspension has already terminated
17prior to the Secretary receiving the monitoring report that
18shows a violation, the Secretary shall be authorized to suspend
19the person's driving privileges for 3 months, provided that the
20Secretary may, by rule, limit the number of suspensions to be
21entered pursuant to this paragraph for violations occurring
22during any one monitoring period. Any person whose license is
23suspended pursuant to this paragraph, after the summary
24suspension had already terminated, shall have the right to
25contest the suspension through a hearing with the Secretary,
26pursuant to Section 2-118 of this Code. The only permit the

 

 

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1person shall be eligible for during this new suspension period
2is a MDDP.
3    (k) A person who has had his or her summary suspension
4extended for the third time, or has any combination of 3
5extensions and new suspensions, entered as a result of a
6violation that occurred while holding the MDDP, so long as the
7extensions and new suspensions relate to the same summary
8suspension, shall have his or her vehicle impounded for a
9period of 30 days, at the person's own expense. A person who
10has his or her summary suspension extended for the fourth time,
11or has any combination of 4 extensions and new suspensions,
12entered as a result of a violation that occurred while holding
13the MDDP, so long as the extensions and new suspensions relate
14to the same summary suspension, shall have his or her vehicle
15subject to seizure and forfeiture. The Secretary shall notify
16the prosecuting authority of any third or fourth extensions or
17new suspension entered as a result of a violation that occurred
18while the person held a MDDP. Upon receipt of the notification,
19the prosecuting authority shall impound or forfeit the vehicle.
20    (l) A person whose driving privileges have been suspended
21under Section 11-501.1 of this Code and who had a MDDP that was
22cancelled, or would have been cancelled had notification of a
23violation been received prior to expiration of the MDDP,
24pursuant to subsection (c-1) of this Section, shall not be
25eligible for reinstatement when the summary suspension is
26scheduled to terminate. Instead, the person's driving

 

 

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1privileges shall be suspended for a period of not less than
2twice the original summary suspension period, or for the length
3of any extensions entered under subsection (j), whichever is
4longer. During the period of suspension, the person shall be
5eligible only to apply for a restricted driving permit. If a
6restricted driving permit is granted, the offender may only
7operate vehicles equipped with a BAIID in accordance with this
8Section.
9    (m) Any person or entity that supplies an ignition
10interlock device under this Section shall, for each ignition
11interlock device installed, pay 5% of the total gross revenue
12received for the device, including monthly monitoring fees,
13into the Indigent BAIID Fund. This 5% shall be clearly
14indicated as a separate surcharge on each invoice that is
15issued. The Secretary shall conduct an annual review of the
16fund to determine whether the surcharge is sufficient to
17provide for indigent users. The Secretary may increase or
18decrease this surcharge requirement as needed.
19    (n) Any person or entity that supplies an ignition
20interlock device under this Section that is requested to
21provide an ignition interlock device to a person who presents
22written documentation of indigency from the Secretary court, as
23provided in subsection (c-5) of this Section, shall install the
24device on the person's vehicle without charge to the person and
25shall seek reimbursement from the Indigent BAIID Fund.
26    (o) The Indigent BAIID Fund is created as a special fund in

 

 

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1the State treasury. The Secretary shall, subject to
2appropriation by the General Assembly, use all money in the
3Indigent BAIID Fund to reimburse ignition interlock device
4providers who have installed devices in vehicles of indigent
5persons pursuant to court orders issued under this Section. The
6Secretary shall make payments to such providers every 3 months.
7If the amount of money in the fund at the time payments are
8made is not sufficient to pay all requests for reimbursement
9submitted during that 3 month period, the Secretary shall make
10payments on a pro-rata basis, and those payments shall be
11considered payment in full for the requests submitted.
12    (p) The Monitoring Device Driving Permit Administration
13Fee Fund is created as a special fund in the State treasury.
14The Secretary shall, subject to appropriation by the General
15Assembly, use the money paid into this fund to offset its
16administrative costs for administering MDDPs.
17    (q) The Secretary is authorized to prescribe such forms as
18it deems necessary to carry out the provisions of this Section.
19(Source: P.A. 95-400, eff. 1-1-09; 95-578, eff. 1-1-09; 95-855,
20eff. 1-1-09; 95-876, eff. 8-21-08; 96-184, eff. 8-10-09.)
 
21    (625 ILCS 5/6-208.1)  (from Ch. 95 1/2, par. 6-208.1)
22    Sec. 6-208.1. Period of statutory summary alcohol, other
23drug, or intoxicating compound related suspension.
24    (a) Unless the statutory summary suspension has been
25rescinded, any person whose privilege to drive a motor vehicle

 

 

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1on the public highways has been summarily suspended, pursuant
2to Section 11-501.1, shall not be eligible for restoration of
3the privilege until the expiration of:
4        1. Twelve months from the effective date of the
5    statutory summary suspension for a refusal or failure to
6    complete a test or tests to determine the alcohol, drug, or
7    intoxicating compound concentration, pursuant to Section
8    11-501.1; or
9        2. Six months from the effective date of the statutory
10    summary suspension imposed following the person's
11    submission to a chemical test which disclosed an alcohol
12    concentration of 0.08 or more, or any amount of a drug,
13    substance, or intoxicating compound in such person's
14    breath, blood, or urine resulting from the unlawful use or
15    consumption of cannabis listed in the Cannabis Control Act,
16    a controlled substance listed in the Illinois Controlled
17    Substances Act, an intoxicating compound listed in the Use
18    of Intoxicating Compounds Act, or methamphetamine as
19    listed in the Methamphetamine Control and Community
20    Protection Act, pursuant to Section 11-501.1; or
21        3. Three years from the effective date of the statutory
22    summary suspension for any person other than a first
23    offender who refuses or fails to complete a test or tests
24    to determine the alcohol, drug, or intoxicating compound
25    concentration pursuant to Section 11-501.1; or
26        4. One year from the effective date of the summary

 

 

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1    suspension imposed for any person other than a first
2    offender following submission to a chemical test which
3    disclosed an alcohol concentration of 0.08 or more pursuant
4    to Section 11-501.1 or any amount of a drug, substance or
5    compound in such person's blood or urine resulting from the
6    unlawful use or consumption of cannabis listed in the
7    Cannabis Control Act, a controlled substance listed in the
8    Illinois Controlled Substances Act, an intoxicating
9    compound listed in the Use of Intoxicating Compounds Act,
10    or methamphetamine as listed in the Methamphetamine
11    Control and Community Protection Act.
12    (b) Following a statutory summary suspension of the
13privilege to drive a motor vehicle under Section 11-501.1,
14driving privileges shall be restored unless the person is
15otherwise suspended, revoked, or cancelled by this Code. If the
16court has reason to believe that the person's driving privilege
17should not be restored, the court shall notify the Secretary of
18State prior to the expiration of the statutory summary
19suspension so appropriate action may be taken pursuant to this
20Code.
21    (c) Driving privileges may not be restored until all
22applicable reinstatement fees, as provided by this Code, have
23been paid to the Secretary of State and the appropriate entry
24made to the driver's record.
25    (d) Where a driving privilege has been summarily suspended
26under Section 11-501.1 and the person is subsequently convicted

 

 

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1of violating Section 11-501, or a similar provision of a local
2ordinance, for the same incident, any period served on
3statutory summary suspension shall be credited toward the
4minimum period of revocation of driving privileges imposed
5pursuant to Section 6-205.
6    (e) (Blank). Following a statutory summary suspension of
7driving privileges pursuant to Section 11-501.1, for a first
8offender, the circuit court shall, unless the offender has
9opted in writing not to have a monitoring device driving permit
10issued, order the Secretary of State to issue a monitoring
11device driving permit as provided in Section 6-206.1. A
12monitoring device driving permit shall not be effective prior
13to the 31st day of the statutory summary suspension.
14    (f) (Blank).
15    (g) Following a statutory summary suspension of driving
16privileges pursuant to Section 11-501.1 where the person was
17not a first offender, as defined in Section 11-500, the
18Secretary of State may not issue a restricted driving permit.
19    (h) (Blank).
20(Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876,
21eff. 8-21-08.)
 
22    Section 99. Effective date. This Act takes effect January
231, 2011.