HB4994 97TH GENERAL ASSEMBLY

LRB097 17050 HEP 62248 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4994

Introduced , by Rep. Tom Cross

SYNOPSIS AS INTRODUCED:

625 ILCS 5/6-206.2
725 ILCS 5/115-15.5 new

Amends the Illinois Vehicle Code. Provides that notwithstanding any other provision of law, any record of information recorded by an ignition interlock device installed in the vehicle of a person whose driving privilege is restricted by being prohibited from operating a motor vehicle not equipped with an ignition interlock device shall be admissible in evidence as a business record exception to the hearsay rule in any proceeding concerning an alleged violation related to an ignition interlock device, provided that the record was received by the Secretary of State from any person or entity having a legal or contractual duty to create or maintain the record. Makes a corresponding change in the Code of Criminal Procedure of 1963 and provides that the State's Attorney shall serve a copy of the report on the attorney of record for the accused, or on the accused if he or she has no attorney, before any proceeding in which the report is to be used against the accused other than at a preliminary hearing or grand jury hearing when the report may be used without having been previously served upon the accused.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Section 6-206.2 as follows:

(625 ILCS 5/6-206.2)

Sec. 6-206.2. Violations relating to an ignition interlock device.

(a) It is unlawful for any person whose driving privilege is restricted by being prohibited from operating a motor vehicle not equipped with an ignition interlock device to operate a motor vehicle not equipped with an ignition interlock device.

(a-5) It is unlawful for any person whose driving privilege is restricted by being prohibited from operating a motor vehicle not equipped with an ignition interlock device to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.

(b) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted by being prohibited from operating a motor vehicle not equipped with an ignition interlock device.

(c) It is unlawful to tamper with, or circumvent the operation of, an ignition interlock device.

(d) Except as provided in subsection (c)(17) of Section 5-6-3.1 of the Unified Code of Corrections or by rule, no person shall knowingly rent, lease, or lend a motor vehicle to a person known to have his or her driving privilege restricted by being prohibited from operating a vehicle not equipped with an ignition interlock device, unless the vehicle is equipped with a functioning ignition interlock device. Any person whose driving privilege is so restricted shall notify any person intending to rent, lease, or loan a motor vehicle to the restricted person of the driving restriction imposed upon him or her.

(d-5) A person convicted of a violation of this Section is guilty of a Class A misdemeanor.

(e) (Blank).

(f) Notwithstanding any other provision of law, any record of information recorded by an ignition interlock device installed in the vehicle of a person whose driving privilege is restricted by being prohibited from operating a motor vehicle not equipped with an ignition interlock device shall be admissible in evidence as a business record exception to the hearsay rule in any proceeding concerning an alleged violation related to an ignition interlock device, provided that the record was received by the Secretary of State from any person or entity having a legal or contractual duty to create or maintain the record.

(Source: P.A. 95-27, eff. 1-1-08; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08.)

Section 10. The Code of Criminal Procedure of 1963 is amended by adding Section 115-15.5 as follows:

(725 ILCS 5/115-15.5 new)

Sec. 115-15.5. Information recorded by an ignition interlock device.

(a) In any criminal prosecution for a violation of related to an ignition interlock device, any record of information recorded by an ignition interlock device installed in the vehicle of a person whose driving privilege is restricted by being prohibited from operating a motor vehicle not equipped with an ignition interlock device shall be admissible in evidence as a business record exception to the hearsay rule, provided that the record was received by the Secretary of State from any person or entity having a legal or contractual duty to create or maintain the record.

(b) The State's Attorney shall serve a copy of the report on the attorney of record for the accused, or on the accused if he or she has no attorney, before any proceeding in which the report is to be used against the accused other than at a preliminary hearing or grand jury hearing when the report may be used without having been previously served upon the accused.