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| [ Introduced ] | [ House Amendment 003 ] |
91_HB0630ham001
LRB9103493KSsbam
1 AMENDMENT TO HOUSE BILL 630
2 AMENDMENT NO. . Amend House Bill 630 as follows:
3 on page 19, immediately below line 16, by inserting the
4 following:
5 "(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
6 Sec. 6-206.1. Judicial Driving Permit. Declaration of
7 Policy. It is hereby declared a policy of the State of
8 Illinois that the driver who is impaired by alcohol, other
9 drug or drugs, or intoxicating compound or compounds is a
10 threat to the public safety and welfare. Therefore, to
11 provide a deterrent to such practice and to remove problem
12 drivers from the highway, a statutory summary driver's
13 license suspension is appropriate. It is also recognized that
14 driving is a privilege and therefore, that in some cases the
15 granting of limited driving privileges, where consistent with
16 public safety, is warranted during the period of suspension
17 in the form of a judicial driving permit to drive for the
18 purpose of employment, receiving drug treatment or medical
19 care, and educational pursuits, where no alternative means of
20 transportation is available.
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 or 11-501.5, the first offender as defined in
4 Section 11-500 may petition the circuit court of venue for a
5 Judicial Driving Permit, hereinafter referred as a JDP, to
6 relieve undue hardship. The court may issue a court order,
7 pursuant to the criteria contained in this Section, directing
8 the Secretary of State to issue such a JDP to the petitioner.
9 A JDP shall not become effective prior to the 31st day of the
10 original statutory summary suspension and shall always be
11 subject to the following criteria:
12 1. If ordered for the purposes of employment, the
13 JDP shall be only for the purpose of providing the
14 petitioner the privilege of driving a motor vehicle
15 between the petitioner's residence and the petitioner's
16 place of employment and return; or within the scope of
17 the petitioner's employment related duties, shall be
18 effective only during and limited to those specific times
19 and routes actually required to commute or perform the
20 petitioner's employment related duties.
21 2. The court, by a court order, may also direct the
22 Secretary of State to issue a JDP to allow transportation
23 for the petitioner, or a household member of the
24 petitioner's family, to receive alcohol, drug, or
25 intoxicating compound treatment or medical care, if the
26 petitioner is able to demonstrate that no alternative
27 means of transportation is reasonably available. Such JDP
28 shall be effective only during the specific times
29 actually required to commute.
30 3. The court, by a court order, may also direct the
31 Secretary of State to issue a JDP to allow transportation
32 by the petitioner for educational purposes upon
33 demonstrating that there are no alternative means of
34 transportation reasonably available to accomplish those
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1 educational purposes. Such JDP shall be only for the
2 purpose of providing transportation to and from the
3 petitioner's residence and the petitioner's place of
4 educational activity, and only during the specific times
5 and routes actually required to commute or perform the
6 petitioner's educational requirement.
7 4. The Court shall not issue an order granting a
8 JDP to:
9 (i) Any person unless and until the court,
10 after considering the results of a current
11 professional evaluation of the person's alcohol or
12 other drug use by an agency pursuant to Section
13 15-10 of the Alcoholism and Other Drug Abuse and
14 Dependency Act and other appropriate investigation
15 of the person, is satisfied that granting the
16 privilege of driving a motor vehicle on the highways
17 will not endanger the public safety or welfare.
18 (ii) Any person who has been convicted of
19 reckless homicide within the previous 5 years.
20 (iii) Any person whose privilege to operate a
21 motor vehicle was invalid at the time of arrest for
22 the current violation of Section 11-501, or a
23 similar provision of a local ordinance, except in
24 cases where the cause for a driver's license
25 suspension has been removed at the time a JDP is
26 effective. In any case, should the Secretary of
27 State enter a suspension or revocation of driving
28 privileges pursuant to the provisions of this Code
29 while the JDP is in effect or pending, the Secretary
30 shall take the prescribed action and provide a
31 notice to the person and the court ordering the
32 issuance of the JDP that all driving privileges,
33 including those provided by the issuance of the JDP,
34 have been withdrawn.
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1 (iv) Any person under the age of 18 years.
2 (b) Prior to ordering the issuance of a JDP the Court
3 should consider at least, but not be limited to, the
4 following issues:
5 1. Whether the person is employed and no other
6 means of commuting to the place of employment is
7 available or that the person must drive as a condition of
8 employment. The employer shall certify the hours of
9 employment and the need and parameters necessary for
10 driving as a condition to employment.
11 2. Whether the person must drive to secure alcohol
12 or other medical treatment for himself or a family
13 member.
14 3. Whether the person must drive for educational
15 purposes. The educational institution shall certify the
16 person's enrollment in and academic schedule at the
17 institution.
18 4. Whether the person has been repeatedly convicted
19 of traffic violations or involved in motor vehicle
20 accidents to a degree which indicates disrespect for
21 public safety.
22 5. Whether the person has been convicted of a
23 traffic violation in connection with a traffic accident
24 resulting in the death of any person within the last 5
25 years.
26 6. Whether the person is likely to obey the limited
27 provisions of the JDP.
28 7. Whether the person has any additional traffic
29 violations pending in any court.
30 For purposes of this Section, programs conducting
31 professional evaluations of a person's alcohol, other drug,
32 or intoxicating compound use must report, to the court of
33 venue, using a form prescribed by the Secretary of State. A
34 copy of such evaluations shall be sent to the Secretary of
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1 State by the court. However, the evaluation information shall
2 be privileged and only available to courts and to the
3 Secretary of State, but shall not be admissible in the
4 subsequent trial on the underlying charge.
5 (c) The scope of any court order issued for a JDP under
6 this Section shall be limited to the operation of a motor
7 vehicle as provided for in subsection (a) of this Section and
8 shall specify the petitioner's residence, place of employment
9 or location of educational institution, and the scope of job
10 related duties, if relevant. The JDP shall also specify days
11 of the week and specific hours of the day when the petitioner
12 is able to exercise the limited privilege of operating a
13 motor vehicle. If the Petitioner, who has been granted a JDP,
14 is issued a citation for a traffic related offense, including
15 operating a motor vehicle outside the limitations prescribed
16 in the JDP or a violation of Section 6-303, or is convicted
17 of any such an offense during the term of the JDP, the court
18 shall consider cancellation of the limited driving permit.
19 In any case, if the Petitioner commits an offense, as defined
20 in Section 11-501, or a similar provision of a local
21 ordinance, as evidenced by the issuance of a Uniform Traffic
22 Ticket, the JDP shall be forwarded by the court of venue to
23 the court ordering the issuance of the JDP, for cancellation.
24 The court shall notify the Secretary of State of any such
25 cancellation.
26 (d) The Secretary of State shall, upon receiving a court
27 order from the court of venue, issue a JDP to a successful
28 Petitioner under this Section. Such court order form shall
29 also contain a notification, which shall be sent to the
30 Secretary of State, providing the name, driver's license
31 number and legal address of the successful petitioner, and
32 the full and detailed description of the limitations of the
33 JDP. This information shall be available only to the courts,
34 police officers, and the Secretary of State, except during
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1 the actual period the JDP is valid, during which time it
2 shall be a public record. The Secretary of State shall design
3 and furnish to the courts an official court order form to be
4 used by the courts when directing the Secretary of State to
5 issue a JDP.
6 Any submitted court order that contains insufficient data
7 or fails to comply with this Code shall not be utilized for
8 JDP issuance or entered to the driver record but shall be
9 returned to the issuing court indicating why the JDP cannot
10 be so entered. A notice of this action shall also be sent to
11 the JDP petitioner by the Secretary of State.
12 (e) The circuit court of venue may conduct the judicial
13 hearing, as provided in Section 2-118.1, and the JDP hearing
14 provided in this Section, concurrently. Such concurrent
15 hearing shall proceed in the court in the same manner as in
16 other civil proceedings.
17 (Source: P.A. 90-369, eff. 1-1-98; 90-779, eff. 1-1-99.)";
18 and
19 on page 24, line 5, after "11-501.1", by inserting "or
20 11-501.5"; and
21 on page 38, by deleting lines 19 through 33; and
22 on page 39, by deleting lines 1 through 14; and
23 on page 40, line 18, after "proceeding.", by inserting the
24 following:
25 "For purposes of this Section, a law enforcement officer of
26 this State who is investigating a person for any offense set
27 forth in Section 11-501 may travel to an adjoining state to
28 which the person has been transported for medical care to
29 complete an investigation and request that the person submit
30 to the test or tests set forth in this Section."; and
31 on page 44, by replacing line 9 with "shall apply."; and
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1 on page 44, by deleting lines 10 through 15; and
2 on page 44, line 16, by deleting "suspension."; and
3 on page 44, immediately below line 19, by inserting the
4 following:
5 "(k) Subsequent to an arrest of a first offender, for
6 any offense as defined in Section 11-501 or a similar
7 provision of a local ordinance, following a statutory summary
8 suspension of driving privileges pursuant to Section 11-501.1
9 or 11-501.5, for a first offender, the circuit court may
10 issue a court order directing the Secretary of State to issue
11 a judicial driving permit as provided in Section 6-206.1.
12 However, this JDP shall not be effective prior to the 31st
13 day of the statutory summary suspension."; and
14 on page 44, line 20, by replacing "(k)" with "(l)".