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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB1129
LRB9105190LDdvA
1 AN ACT in relation to motor vehicle ignition interlock
2 devices, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 6-205, 6-206.1, 6-208, 6-208.1, and 11-501
7 and adding Sections 1-129.1 and 6-206.3 as follows:
8 (625 ILCS 5/1-129.1 new)
9 Sec. 1-129.1. Ignition interlock device. A device
10 installed in a motor vehicle that prevents the vehicle from
11 starting until the device has determined by an analysis of
12 the driver's breath that the driver's blood alcohol is below
13 a certain preset level.
14 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
15 Sec. 6-205. Mandatory revocation of license or permit;
16 Hardship cases.
17 (a) Except as provided in this Section, the Secretary of
18 State shall immediately revoke the license or permit of any
19 driver upon receiving a report of the driver's conviction of
20 any of the following offenses:
21 1. Reckless homicide resulting from the operation
22 of a motor vehicle;
23 2. Violation of Section 11-501 of this Code or a
24 similar provision of a local ordinance relating to the
25 offense of operating or being in physical control of a
26 vehicle while under the influence of alcohol, other drug
27 or drugs, intoxicating compound or compounds, or any
28 combination thereof;
29 3. Any felony under the laws of any State or the
30 federal government in the commission of which a motor
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1 vehicle was used;
2 4. Violation of Section 11-401 of this Code
3 relating to the offense of leaving the scene of a traffic
4 accident involving death or personal injury;
5 5. Perjury or the making of a false affidavit or
6 statement under oath to the Secretary of State under this
7 Code or under any other law relating to the ownership or
8 operation of motor vehicles;
9 6. Conviction upon 3 charges of violation of
10 Section 11-503 of this Code relating to the offense of
11 reckless driving committed within a period of 12 months;
12 7. Conviction of the offense of automobile theft as
13 defined in Section 4-102 of this Code;
14 8. Violation of Section 11-504 of this Code
15 relating to the offense of drag racing;
16 9. Violation of Chapters 8 and 9 of this Code;
17 10. Violation of Section 12-5 of the Criminal Code
18 of 1961 arising from the use of a motor vehicle;
19 11. Violation of Section 11-204.1 of this Code
20 relating to aggravated fleeing or attempting to elude a
21 police officer;
22 12. Violation of paragraph (1) of subsection (b) of
23 Section 6-507, or a similar law of any other state,
24 relating to the unlawful operation of a commercial motor
25 vehicle;
26 13. Violation of paragraph (a) of Section 11-502 of
27 this Code or a similar provision of a local ordinance if
28 the driver has been previously convicted of a violation
29 of that Section or a similar provision of a local
30 ordinance and the driver was less than 21 years of age at
31 the time of the offense.
32 (b) The Secretary of State shall also immediately revoke
33 the license or permit of any driver in the following
34 situations:
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1 1. Of any minor upon receiving the notice provided
2 for in Section 5-901 of the Juvenile Court Act of 1987
3 that the minor has been adjudicated under that Act as
4 having committed an offense relating to motor vehicles
5 prescribed in Section 4-103 of this Code;
6 2. Of any person when any other law of this State
7 requires either the revocation or suspension of a license
8 or permit.
9 (c) Whenever a person is convicted of any of the
10 offenses enumerated in this Section, the court may recommend
11 and the Secretary of State in his discretion, without regard
12 to whether the recommendation is made by the court, may, upon
13 application, issue to the person a restricted driving permit
14 granting the privilege of driving a motor vehicle between the
15 petitioner's residence and petitioner's place of employment
16 or within the scope of the petitioner's employment related
17 duties, or to allow transportation for the petitioner or a
18 household member of the petitioner's family for the receipt
19 of necessary medical care or, if the professional evaluation
20 indicates, provide transportation for the petitioner for
21 alcohol remedial or rehabilitative activity, or for the
22 petitioner to attend classes, as a student, in an accredited
23 educational institution; if the petitioner is able to
24 demonstrate that no alternative means of transportation is
25 reasonably available and the petitioner will not endanger the
26 public safety or welfare; provided that the Secretary's
27 discretion shall be limited to cases where undue hardship
28 would result from a failure to issue the restricted driving
29 permit. In each case the Secretary of State may issue a
30 restricted driving permit for a period he deems appropriate,
31 except that the permit shall expire within one year from the
32 date of issuance. A restricted driving permit issued under
33 this Section shall be subject to cancellation, revocation,
34 and suspension by the Secretary of State in like manner and
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1 for like cause as a driver's license issued under this Code
2 may be cancelled, revoked, or suspended; except that a
3 conviction upon one or more offenses against laws or
4 ordinances regulating the movement of traffic shall be deemed
5 sufficient cause for the revocation, suspension, or
6 cancellation of a restricted driving permit. The Secretary of
7 State may, as a condition to the issuance of a restricted
8 driving permit, require the applicant to participate in a
9 designated driver remedial or rehabilitative program. The
10 Secretary of State is authorized to cancel a restricted
11 driving permit if the permit holder does not successfully
12 complete the program. However, if an individual's driving
13 privileges have been revoked in accordance with paragraph 13
14 of subsection (a) of this Section, no restricted driving
15 permit shall be issued until the individual has served 6
16 months of the revocation period.
17 (d) Whenever a person under the age of 21 is convicted
18 under Section 11-501 of this Code or a similar provision of a
19 local ordinance, the Secretary of State shall revoke the
20 driving privileges of that person. One year after the date
21 of revocation, and upon application, the Secretary of State
22 may, if satisfied that the person applying will not endanger
23 the public safety or welfare, issue a restricted driving
24 permit granting the privilege of driving a motor vehicle only
25 between the hours of 5 a.m. and 9 p.m. or as otherwise
26 provided by this Section for a period of one year. After
27 this one year period, and upon reapplication for a license as
28 provided in Section 6-106, upon payment of the appropriate
29 reinstatement fee provided under paragraph (b) of Section
30 6-118, the Secretary of State, in his discretion, may issue
31 the applicant a license, or extend the restricted driving
32 permit as many times as the Secretary of State deems
33 appropriate, by additional periods of not more than 12 months
34 each, until the applicant attains 21 years of age. A
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1 restricted driving permit issued under this Section shall be
2 subject to cancellation, revocation, and suspension by the
3 Secretary of State in like manner and for like cause as a
4 driver's license issued under this Code may be cancelled,
5 revoked, or suspended; except that a conviction upon one or
6 more offenses against laws or ordinances regulating the
7 movement of traffic shall be deemed sufficient cause for the
8 revocation, suspension, or cancellation of a restricted
9 driving permit. Any person under 21 years of age who has a
10 driver's license revoked for a second or subsequent
11 conviction for driving under the influence, prior to the age
12 of 21, shall not be eligible to submit an application for a
13 full reinstatement of driving privileges or a restricted
14 driving permit until age 21 or one additional year from the
15 date of the latest such revocation, whichever is the longer.
16 The revocation periods contained in this subparagraph shall
17 apply to similar out-of-state convictions.
18 (e) This Section is subject to the provisions of the
19 Driver License Compact.
20 (f) Any revocation imposed upon any person under
21 subsections 2 and 3 of paragraph (b) that is in effect on
22 December 31, 1988 shall be converted to a suspension for a
23 like period of time.
24 (g) The Secretary of State shall not issue a restricted
25 driving permit to a person under the age of 16 years whose
26 driving privileges have been revoked under any provisions of
27 this Code.
28 (h) The Secretary of State may use ignition interlock
29 device requirements when granting driving relief to
30 individuals who have been arrested for an a second or
31 subsequent offense under Section 11-501 of this Code or a
32 similar provision of a local ordinance. The Secretary shall
33 establish by rule and regulation the procedures for use of
34 the interlock system authorized by this Act and Section
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1 5-6-3.1 of the Unified Code of Corrections.
2 (Source: P.A. 89-156, eff. 1-1-96; 89-245, eff. 1-1-96;
3 89-626, eff. 8-9-96; 90-369, eff. 1-1-98; 90-590, eff.
4 1-1-99; 90-611, eff. 1-1-99; 90-779, eff. 1-1-99; revised
5 9-16-98.)
6 (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
7 Sec. 6-206.1. Judicial Driving Permit. Declaration of
8 Policy. It is hereby declared a policy of the State of
9 Illinois that the driver who is impaired by alcohol, other
10 drug or drugs, or intoxicating compound or compounds is a
11 threat to the public safety and welfare. Therefore, to
12 provide a deterrent to such practice and to remove problem
13 drivers from the highway, a statutory summary driver's
14 license suspension is appropriate. It is also recognized that
15 driving is a privilege and therefore, that in some cases the
16 granting of limited driving privileges, where consistent with
17 public safety, is warranted during the period of suspension
18 in the form of a judicial driving permit to drive for the
19 purpose of employment, receiving drug treatment or medical
20 care, and educational pursuits, where no alternative means of
21 transportation is available.
22 The following procedures shall apply whenever a first
23 offender is arrested for any offense as defined in Section
24 11-501 or a similar provision of a local ordinance:
25 (a) Subsequent to a notification of a statutory summary
26 suspension of driving privileges as provided in Section
27 11-501.1, the first offender as defined in Section 11-500 may
28 petition the circuit court of venue for a Judicial Driving
29 Permit, hereinafter referred as a JDP, to relieve undue
30 hardship. The court may issue a court order, pursuant to
31 the criteria contained in this Section, directing the
32 Secretary of State to issue such a JDP to the petitioner. A
33 JDP shall not become effective prior to the 31st day of the
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1 original statutory summary suspension and shall always be
2 subject to the following criteria:
3 1. If ordered for the purposes of employment, the
4 JDP shall be only for the purpose of providing the
5 petitioner the privilege of driving a motor vehicle
6 between the petitioner's residence and the petitioner's
7 place of employment and return; or within the scope of
8 the petitioner's employment related duties, shall be
9 effective only during and limited to those specific times
10 and routes actually required to commute or perform the
11 petitioner's employment related duties.
12 2. The court, by a court order, may also direct the
13 Secretary of State to issue a JDP to allow transportation
14 for the petitioner, or a household member of the
15 petitioner's family, to receive alcohol, drug, or
16 intoxicating compound treatment or medical care, if the
17 petitioner is able to demonstrate that no alternative
18 means of transportation is reasonably available. Such JDP
19 shall be effective only during the specific times
20 actually required to commute.
21 3. The court, by a court order, may also direct the
22 Secretary of State to issue a JDP to allow transportation
23 by the petitioner for educational purposes upon
24 demonstrating that there are no alternative means of
25 transportation reasonably available to accomplish those
26 educational purposes. Such JDP shall be only for the
27 purpose of providing transportation to and from the
28 petitioner's residence and the petitioner's place of
29 educational activity, and only during the specific times
30 and routes actually required to commute or perform the
31 petitioner's educational requirement.
32 4. The Court shall not issue an order granting a
33 JDP to:
34 (i) Any person unless and until the court,
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1 after considering the results of a current
2 professional evaluation of the person's alcohol or
3 other drug use by an agency pursuant to Section
4 15-10 of the Alcoholism and Other Drug Abuse and
5 Dependency Act and other appropriate investigation
6 of the person, is satisfied that granting the
7 privilege of driving a motor vehicle on the highways
8 will not endanger the public safety or welfare.
9 (ii) Any person who has been convicted of
10 reckless homicide within the previous 5 years.
11 (iii) Any person whose privilege to operate a
12 motor vehicle was invalid at the time of arrest for
13 the current violation of Section 11-501, or a
14 similar provision of a local ordinance, except in
15 cases where the cause for a driver's license
16 suspension has been removed at the time a JDP is
17 effective. In any case, should the Secretary of
18 State enter a suspension or revocation of driving
19 privileges pursuant to the provisions of this Code
20 while the JDP is in effect or pending, the Secretary
21 shall take the prescribed action and provide a
22 notice to the person and the court ordering the
23 issuance of the JDP that all driving privileges,
24 including those provided by the issuance of the JDP,
25 have been withdrawn.
26 (iv) Any person under the age of 18 years.
27 (b) Prior to ordering the issuance of a JDP the Court
28 should consider at least, but not be limited to, the
29 following issues:
30 1. Whether the person is employed and no other
31 means of commuting to the place of employment is
32 available or that the person must drive as a condition of
33 employment. The employer shall certify the hours of
34 employment and the need and parameters necessary for
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1 driving as a condition to employment.
2 2. Whether the person must drive to secure alcohol
3 or other medical treatment for himself or a family
4 member.
5 3. Whether the person must drive for educational
6 purposes. The educational institution shall certify the
7 person's enrollment in and academic schedule at the
8 institution.
9 4. Whether the person has been repeatedly convicted
10 of traffic violations or involved in motor vehicle
11 accidents to a degree which indicates disrespect for
12 public safety.
13 5. Whether the person has been convicted of a
14 traffic violation in connection with a traffic accident
15 resulting in the death of any person within the last 5
16 years.
17 6. Whether the person is likely to obey the limited
18 provisions of the JDP.
19 7. Whether the person has any additional traffic
20 violations pending in any court.
21 For purposes of this Section, programs conducting
22 professional evaluations of a person's alcohol, other drug,
23 or intoxicating compound use must report, to the court of
24 venue, using a form prescribed by the Secretary of State. A
25 copy of such evaluations shall be sent to the Secretary of
26 State by the court. However, the evaluation information shall
27 be privileged and only available to courts and to the
28 Secretary of State, but shall not be admissible in the
29 subsequent trial on the underlying charge.
30 (c) The scope of any court order issued for a JDP under
31 this Section shall be limited to the operation of a motor
32 vehicle as provided for in subsection (a) of this Section and
33 shall specify the petitioner's residence, place of employment
34 or location of educational institution, and the scope of job
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1 related duties, if relevant. The JDP shall also specify days
2 of the week and specific hours of the day when the petitioner
3 is able to exercise the limited privilege of operating a
4 motor vehicle. If the Petitioner, who has been granted a JDP,
5 is issued a citation for a traffic related offense, including
6 operating a motor vehicle outside the limitations prescribed
7 in the JDP or a violation of Section 6-303, or is convicted
8 of any such an offense during the term of the JDP, the court
9 shall consider cancellation of the limited driving permit.
10 In any case, if the Petitioner commits an offense, as defined
11 in Section 11-501, or a similar provision of a local
12 ordinance, as evidenced by the issuance of a Uniform Traffic
13 Ticket, the JDP shall be forwarded by the court of venue to
14 the court ordering the issuance of the JDP, for cancellation.
15 The court shall notify the Secretary of State of any such
16 cancellation.
17 (d) The Secretary of State shall, upon receiving a court
18 order from the court of venue, issue a JDP to a successful
19 Petitioner under this Section. Such court order form shall
20 also contain a notification, which shall be sent to the
21 Secretary of State, providing the name, driver's license
22 number and legal address of the successful petitioner, and
23 the full and detailed description of the limitations of the
24 JDP. This information shall be available only to the courts,
25 police officers, and the Secretary of State, except during
26 the actual period the JDP is valid, during which time it
27 shall be a public record. The Secretary of State shall design
28 and furnish to the courts an official court order form to be
29 used by the courts when directing the Secretary of State to
30 issue a JDP.
31 Any submitted court order that contains insufficient data
32 or fails to comply with this Code shall not be utilized for
33 JDP issuance or entered to the driver record but shall be
34 returned to the issuing court indicating why the JDP cannot
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1 be so entered. A notice of this action shall also be sent to
2 the JDP petitioner by the Secretary of State.
3 (e) The circuit court of venue may conduct the judicial
4 hearing, as provided in Section 2-118.1, and the JDP hearing
5 provided in this Section, concurrently. Such concurrent
6 hearing shall proceed in the court in the same manner as in
7 other civil proceedings.
8 (f) The circuit court of venue may, as a condition of
9 the issuance of a JDP, prohibit the person from operating a
10 motor vehicle not equipped with an ignition interlock device.
11
12 (Source: P.A. 90-369, eff. 1-1-98; 90-779, eff. 1-1-99.)
13 (625 ILCS 5/6-206.2 new)
14 Sec. 6-206.2. Violations relating to an ignition
15 interlock device.
16 (a) It is unlawful for any person whose driving
17 privilege is restricted by being prohibited from operating a
18 motor vehicle not equipped with an ignition interlock device
19 to request or solicit any other person to blow into an
20 ignition interlock device or to start a motor vehicle
21 equipped with the device for the purpose of providing the
22 person so restricted with an operable motor vehicle.
23 (b) It is unlawful to blow into an ignition interlock
24 device or to start a motor vehicle equipped with the device
25 for the purpose of providing an operable motor vehicle to a
26 person whose driving privilege is restricted by being
27 prohibited from operating a motor vehicle not equipped with
28 an ignition interlock device.
29 (c) It is unlawful to tamper with, or circumvent the
30 operation of, an ignition interlock device.
31 (d) Except as provided in subsection (c)(17) of Section
32 5-6-3.1 of the Unified Code of Corrections or by rule, no
33 person shall knowingly rent, lease, or lend a motor vehicle
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1 to a person known to have his or her driving privilege
2 restricted by being prohibited from operating a vehicle not
3 equipped with an ignition interlock device, unless the
4 vehicle is equipped with a functioning ignition interlock
5 device. Any person whose driving privilege is so restricted
6 shall notify any person intending to rent, lease, or loan a
7 motor vehicle to the restricted person of the driving
8 restriction imposed upon him or her.
9 A person convicted of a violation of this subsection
10 shall be punished by imprisonment for not more than 6 months
11 or by a fine of not more than $5,000, or both.
12 (625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
13 Sec. 6-208. Period of suspension; application after
14 revocation.
15 (a) Except as otherwise provided by this Code or any
16 other law of this State, the Secretary of State shall not
17 suspend a driver's license, permit or privilege to drive a
18 motor vehicle on the highways for a period of more than one
19 year.
20 (b) Any person whose license, permit or privilege to
21 drive a motor vehicle on the highways has been revoked shall
22 not be entitled to have such license, permit or privilege
23 renewed or restored. However, such person may, except as
24 provided under subsection (d) of Section 6-205, make
25 application for a license pursuant to Section 6-106 (i) if
26 the revocation was for a cause which has been removed or (ii)
27 as provided in the following subparagraphs:
28 1. Except as provided in subparagraphs 2, 3, and 4,
29 the person may make application for a license after the
30 expiration of one year from the effective date of the
31 revocation or, in the case of a violation of paragraph
32 (b) of Section 11-401 of this Code or a similar provision
33 of a local ordinance, after the expiration of 3 years
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1 from the effective date of the revocation or, in the case
2 of a violation of Section 9-3 of the Criminal Code of
3 1961 relating to the offense of reckless homicide, after
4 the expiration of 2 years from the effective date of the
5 revocation.; or
6 2. If such person is convicted of committing a
7 second violation within a 20 year period of:
8 (A) Section 11-501 of this Code, or a similar
9 provision of a local ordinance; or
10 (B) Paragraph (b) of Section 11-401 of this
11 Code, or a similar provision of a local ordinance;
12 or
13 (C) Section 9-3 of the Criminal Code of 1961,
14 as amended, relating to the offense of reckless
15 homicide; or
16 (D) any combination of the above offenses
17 committed at different instances;
18 then such person may not make application for a license
19 until after the expiration of 5 years from the effective
20 date of the most recent revocation. The 20 year period
21 shall be computed by using the dates the offenses were
22 committed and shall also include similar out-of-state
23 offenses.
24 3. However, except as provided in subparagraph 4,
25 if such person is convicted of committing a third, or
26 subsequent, violation or any combination of the above
27 offenses, including similar out-of-state offenses,
28 contained in subparagraph 2, then such person may not
29 make application for a license until after the expiration
30 of 10 years from the effective date of the most recent
31 revocation.
32 4. The person may not make application for a
33 license if the person is convicted of committing a fourth
34 or subsequent violation of Section 11-501 of this Code or
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1 a similar provision of a local ordinance, paragraph (b)
2 of Section 11-401 of this Code, Section 9-3 of the
3 Criminal Code of 1961, or a combination of these offenses
4 or similar provisions of local ordinances or similar
5 out-of-state offenses if the original revocation or
6 suspension was for a violation of Section 11-501 or
7 11-501.1 of this Code or a similar provision of a local
8 ordinance.
9 The Secretary of State may, as a condition for
10 reinstatement, prohibit a person whose driving privileges
11 have been revoked for a violation of Section 11-501 from
12 operating a motor vehicle not equipped with an ignition
13 interlock device.
14 Notwithstanding any other provision of this Code, all
15 persons referred to in this paragraph (b) may not have their
16 privileges restored until the Secretary receives payment of
17 the required reinstatement fee pursuant to subsection (b) of
18 Section 6-118.
19 In no event shall the Secretary issue such license unless
20 and until such person has had a hearing pursuant to this Code
21 and the appropriate administrative rules and the Secretary is
22 satisfied, after a review or investigation of such person,
23 that to grant the privilege of driving a motor vehicle on the
24 highways will not endanger the public safety or welfare.
25 (Source: P.A. 89-156, eff. 1-1-96; 90-543, eff. 12-1-97;
26 90-738, eff. 1-1-99; revised 10-31-98.)
27 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
28 Sec. 6-208.1. Period of statutory summary alcohol, other
29 drug, or intoxicating compound related suspension.
30 (a) Unless the statutory summary suspension has been
31 rescinded, any person whose privilege to drive a motor
32 vehicle on the public highways has been summarily suspended,
33 pursuant to Section 11-501.1, shall not be eligible for
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1 restoration of the privilege until the expiration of:
2 1. Six months from the effective date of the
3 statutory summary suspension for a refusal or failure to
4 complete a test or tests to determine the alcohol, drug,
5 or intoxicating compound concentration, pursuant to
6 Section 11-501.1; or
7 2. Three months from the effective date of the
8 statutory summary suspension imposed following the
9 person's submission to a chemical test which disclosed an
10 alcohol concentration of 0.08 or more, or any amount of a
11 drug, substance, or intoxicating compound in such
12 person's breath, blood, or urine resulting from the
13 unlawful use or consumption of cannabis listed in the
14 Cannabis Control Act, a controlled substance listed in
15 the Illinois Controlled Substances Act, or an
16 intoxicating compound listed in the Use of Intoxicating
17 Compounds Act, pursuant to Section 11-501.1; or
18 3. Three years from the effective date of the
19 statutory summary suspension for any person other than a
20 first offender who refuses or fails to complete a test or
21 tests to determine the alcohol, drug, or intoxicating
22 compound concentration pursuant to Section 11-501.1; or
23 4. One year from the effective date of the summary
24 suspension imposed for any person other than a first
25 offender following submission to a chemical test which
26 disclosed an alcohol concentration of 0.08 or more
27 pursuant to Section 11-501.1 or any amount of a drug,
28 substance or compound in such person's blood or urine
29 resulting from the unlawful use or consumption of
30 cannabis listed in the Cannabis Control Act, a controlled
31 substance listed in the Illinois Controlled Substances
32 Act, or an intoxicating compound listed in the Use of
33 Intoxicating Compounds Act.
34 (b) Following a statutory summary suspension of the
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1 privilege to drive a motor vehicle under Section 11-501.1,
2 full driving privileges shall be restored unless the person
3 is otherwise disqualified by this Code. If the court has
4 reason to believe that the person's driving privilege should
5 not be restored, the court shall notify the Secretary of
6 State prior to the expiration of the statutory summary
7 suspension so appropriate action may be taken pursuant to
8 this Code.
9 (c) Full driving privileges may not be restored until
10 all applicable reinstatement fees, as provided by this Code,
11 have been paid to the Secretary of State and the appropriate
12 entry made to the driver's record.
13 (d) Where a driving privilege has been summarily
14 suspended under Section 11-501.1 and the person is
15 subsequently convicted of violating Section 11-501, or a
16 similar provision of a local ordinance, for the same
17 incident, any period served on statutory summary suspension
18 shall be credited toward the minimum period of revocation of
19 driving privileges imposed pursuant to Section 6-205.
20 (e) Following a statutory summary suspension of driving
21 privileges pursuant to Section 11-501.1, for a first
22 offender, the circuit court may, after at least 30 days from
23 the effective date of the statutory summary suspension, issue
24 a judicial driving permit as provided in Section 6-206.1.
25 (f) Subsequent to an arrest of a first offender, for any
26 offense as defined in Section 11-501 or a similar provision
27 of a local ordinance, following a statutory summary
28 suspension of driving privileges pursuant to Section
29 11-501.1, for a first offender, the circuit court may issue a
30 court order directing the Secretary of State to issue a
31 judicial driving permit as provided in Section 6-206.1.
32 However, this JDP shall not be effective prior to the 31st
33 day of the statutory summary suspension.
34 (g) Following a statutory summary suspension of driving
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1 privileges pursuant to Section 11-501.1 where the person was
2 not a first offender, as defined in Section 11-500 and such
3 person refused or failed to complete a test or tests to
4 determine the alcohol, drug, or intoxicating compound
5 concentration pursuant to Section 11-501.1, the Secretary of
6 State may issue a restricted driving permit if at least 2
7 years have elapsed since the effective date of the statutory
8 summary suspension.
9 (h) Following a statutory summary suspension of driving
10 privileges pursuant to Section 11-501.1 where the person was
11 not a first offender as defined in Section 11-500 and such
12 person submitted to a chemical test which disclosed an
13 alcohol concentration of 0.08 or more pursuant to Section
14 11-501.1, the Secretary of State may, after at least 90 days
15 from the effective date of the statutory summary suspension,
16 issue a restricted driving permit.
17 (i) The Secretary of State may, as a condition of a
18 restricted driving permit issued under this Section, prohibit
19 the person from operating a motor vehicle not equipped with
20 an ignition interlock device.
21 (Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97;
22 90-738, eff. 1-1-99; 90-779, eff. 1-1-99; revised 9-21-98.)
23 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
24 Sec. 11-501. Driving while under the influence of
25 alcohol, other drug or drugs, intoxicating compound or
26 compounds or any combination thereof.
27 (a) A person shall not drive or be in actual physical
28 control of any vehicle within this State while:
29 (1) the alcohol concentration in the person's blood
30 or breath is 0.08 or more based on the definition of
31 blood and breath units in Section 11-501.2;
32 (2) under the influence of alcohol;
33 (3) under the influence of any intoxicating
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1 compound or combination of intoxicating compounds to a
2 degree that renders the person incapable of driving
3 safely;
4 (4) under the influence of any other drug or
5 combination of drugs to a degree that renders the person
6 incapable of safely driving;
7 (5) under the combined influence of alcohol, other
8 drug or drugs, or intoxicating compound or compounds to a
9 degree that renders the person incapable of safely
10 driving; or
11 (6) there is any amount of a drug, substance, or
12 compound in the person's breath, blood, or urine
13 resulting from the unlawful use or consumption of
14 cannabis listed in the Cannabis Control Act, a controlled
15 substance listed in the Illinois Controlled Substances
16 Act, or an intoxicating compound listed in the Use of
17 Intoxicating Compounds Act.
18 (b) The fact that any person charged with violating this
19 Section is or has been legally entitled to use alcohol, other
20 drug or drugs, or intoxicating compound or compounds, or any
21 combination thereof, shall not constitute a defense against
22 any charge of violating this Section.
23 (c) Except as provided under paragraphs (c-3) and (d) of
24 this Section, every person convicted of violating this
25 Section or a similar provision of a local ordinance, shall be
26 guilty of a Class A misdemeanor and, in addition to any other
27 criminal or administrative action, for any second conviction
28 of violating this Section or a similar provision of a law of
29 another state or local ordinance committed within 5 years of
30 a previous violation of this Section or a similar provision
31 of a local ordinance shall be mandatorily sentenced to a
32 minimum of 48 consecutive hours of imprisonment or assigned
33 to a minimum of 100 hours of community service as may be
34 determined by the court. Every person convicted of violating
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1 this Section or a similar provision of a local ordinance
2 shall be subject to a mandatory minimum fine of $500 and a
3 mandatory 5 days of community service in a program benefiting
4 children if the person committed a violation of paragraph (a)
5 or a similar provision of a local ordinance while
6 transporting a person under age 16. Every person convicted a
7 second time for violating this Section or a similar provision
8 of a local ordinance within 5 years of a previous violation
9 of this Section or a similar provision of a law of another
10 state or local ordinance shall be subject to a mandatory
11 minimum fine of $500 and 10 days of mandatory community
12 service in a program benefiting children if the current
13 offense was committed while transporting a person under age
14 16. The imprisonment or assignment under this subsection
15 shall not be subject to suspension nor shall the person be
16 eligible for probation in order to reduce the sentence or
17 assignment.
18 (c-1) (1) A person who violates this Section during a
19 period in which his or her driving privileges are revoked
20 or suspended, where the revocation or suspension was for
21 a violation of this Section, Section 11-501.1, paragraph
22 (b) of Section 11-401, or Section 9-3 of the Criminal
23 Code of 1961 is guilty of a Class 4 felony.
24 (2) A person who violates this Section a third time
25 during a period in which his or her driving privileges
26 are revoked or suspended where the revocation or
27 suspension was for a violation of this Section, Section
28 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
29 of the Criminal Code of 1961 is guilty of a Class 3
30 felony.
31 (3) A person who violates this Section a fourth or
32 subsequent time during a period in which his or her
33 driving privileges are revoked or suspended where the
34 revocation or suspension was for a violation of this
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1 Section, Section 11-501.1, paragraph (b) of Section
2 11-401, or Section 9-3 of the Criminal Code of 1961 is
3 guilty of a Class 2 felony.
4 (c-2) (Blank).
5 (c-3) Every person convicted of violating this Section
6 or a similar provision of a local ordinance who had a child
7 under age 16 in the vehicle at the time of the offense shall
8 have his or her punishment under this Act enhanced by 2 days
9 of imprisonment for a first offense, 10 days of imprisonment
10 for a second offense, 30 days of imprisonment for a third
11 offense, and 90 days of imprisonment for a fourth or
12 subsequent offense, in addition to the fine and community
13 service required under subsection (c) and the possible
14 imprisonment required under subsection (d). The imprisonment
15 or assignment under this subsection shall not be subject to
16 suspension nor shall the person be eligible for probation in
17 order to reduce the sentence or assignment.
18 (d) (1) Every person convicted of committing a violation
19 of this Section shall be guilty of aggravated driving under
20 the influence of alcohol, other drug or drugs, or
21 intoxicating compound or compounds, or any combination
22 thereof if:
23 (A) the person committed a violation of this
24 Section, or a similar provision of a law of another state
25 or a local ordinance when the cause of action is the same
26 as or substantially similar to this Section, for the
27 third or subsequent time;
28 (B) the person committed a violation of paragraph
29 (a) while driving a school bus with children on board;
30 (C) the person in committing a violation of
31 paragraph (a) was involved in a motor vehicle accident
32 that resulted in great bodily harm or permanent
33 disability or disfigurement to another, when the
34 violation was a proximate cause of the injuries; or
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1 (D) the person committed a violation of paragraph
2 (a) for a second time and has been previously convicted
3 of violating Section 9-3 of the Criminal Code of 1961
4 relating to reckless homicide in which the person was
5 determined to have been under the influence of alcohol,
6 other drug or drugs, or intoxicating compound or
7 compounds as an element of the offense or the person has
8 previously been convicted under subparagraph (C) of this
9 paragraph (1).
10 (2) Aggravated driving under the influence of alcohol,
11 other drug or drugs, or intoxicating compound or compounds,
12 or any combination thereof is a Class 4 felony for which a
13 person, if sentenced to a term of imprisonment, shall be
14 sentenced to not less than one year and not more than 3 years
15 for a violation of subparagraph (A), (B) or (D) of paragraph
16 (1) of this subsection (d) and not less than one year and not
17 more than 12 years for a violation of subparagraph (C) of
18 paragraph (1) of this subsection (d). For any prosecution
19 under this subsection (d), a certified copy of the driving
20 abstract of the defendant shall be admitted as proof of any
21 prior conviction.
22 (e) After a finding of guilt and prior to any final
23 sentencing, or an order for supervision, for an offense based
24 upon an arrest for a violation of this Section or a similar
25 provision of a local ordinance, individuals shall be required
26 to undergo a professional evaluation to determine if an
27 alcohol, drug, or intoxicating compound abuse problem exists
28 and the extent of the problem. Programs conducting these
29 evaluations shall be licensed by the Department of Human
30 Services. The cost of any professional evaluation shall be
31 paid for by the individual required to undergo the
32 professional evaluation.
33 (f) Every person found guilty of violating this Section,
34 whose operation of a motor vehicle while in violation of this
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1 Section proximately caused any incident resulting in an
2 appropriate emergency response, shall be liable for the
3 expense of an emergency response as provided under Section
4 5-5-3 of the Unified Code of Corrections.
5 (g) The Secretary of State shall revoke the driving
6 privileges of any person convicted under this Section or a
7 similar provision of a local ordinance.
8 (h) Every person sentenced under subsection (d) of this
9 Section and who receives a term of probation or conditional
10 discharge shall be required to serve a minimum term of either
11 30 days community service or, beginning July 1, 1993, 48
12 consecutive hours of imprisonment as a condition of the
13 probation or conditional discharge. This mandatory minimum
14 term of imprisonment or assignment of community service shall
15 not be suspended and shall not be subject to reduction by the
16 court.
17 (i) The Secretary of State may use ignition interlock
18 device requirements when granting driving relief to
19 individuals who have been arrested for a violation a second
20 or subsequent offense of this Section or a similar provision
21 of a local ordinance. The Secretary shall establish by rule
22 and regulation the procedures for use of the interlock system
23 authorized by this Act and Section 5-6-3.1 of the Unified
24 Code of Corrections.
25 (Source: P.A. 89-8, eff. 3-21-95; 89-156, eff. 1-1-96;
26 89-203, eff. 7-21-95; 89-507, eff. 7-1-97; 89-626, eff.
27 8-9-96; 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 90-611,
28 eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 1-1-99;
29 90-779, eff. 1-1-99; revised 9-16-98.)
30 Section 10. The Unified Code of Corrections is amended
31 by changing Section 5-6-3.1 as follows:
32 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
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1 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
2 (a) When a defendant is placed on supervision, the court
3 shall enter an order for supervision specifying the period of
4 such supervision, and shall defer further proceedings in the
5 case until the conclusion of the period.
6 (b) The period of supervision shall be reasonable under
7 all of the circumstances of the case, but may not be longer
8 than 2 years, unless the defendant has failed to pay the
9 assessment required by Section 10.3 of the Cannabis Control
10 Act or Section 411.2 of the Illinois Controlled Substances
11 Act, in which case the court may extend supervision beyond 2
12 years. Additionally, the court shall order the defendant to
13 perform no less than 30 hours of community service and not
14 more than 120 hours of community service, if community
15 service is available in the jurisdiction and is funded and
16 approved by the county board where the offense was committed,
17 when the offense (1) was related to or in furtherance of the
18 criminal activities of an organized gang or was motivated by
19 the defendant's membership in or allegiance to an organized
20 gang; or (2) is a violation of any Section of Article 24 of
21 the Criminal Code of 1961 where a disposition of supervision
22 is not prohibited by Section 5-6-1 of this Code. The
23 community service shall include, but not be limited to, the
24 cleanup and repair of any damage caused by violation of
25 Section 21-1.3 of the Criminal Code of 1961 and similar
26 damages to property located within the municipality or county
27 in which the violation occurred. Where possible and
28 reasonable, the community service should be performed in the
29 offender's neighborhood.
30 For the purposes of this Section, "organized gang" has
31 the meaning ascribed to it in Section 10 of the Illinois
32 Streetgang Terrorism Omnibus Prevention Act.
33 (c) The court may in addition to other reasonable
34 conditions relating to the nature of the offense or the
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1 rehabilitation of the defendant as determined for each
2 defendant in the proper discretion of the court require that
3 the person:
4 (1) make a report to and appear in person before or
5 participate with the court or such courts, person, or
6 social service agency as directed by the court in the
7 order of supervision;
8 (2) pay a fine and costs;
9 (3) work or pursue a course of study or vocational
10 training;
11 (4) undergo medical, psychological or psychiatric
12 treatment; or treatment for drug addiction or alcoholism;
13 (5) attend or reside in a facility established for
14 the instruction or residence of defendants on probation;
15 (6) support his dependents;
16 (7) refrain from possessing a firearm or other
17 dangerous weapon;
18 (8) and in addition, if a minor:
19 (i) reside with his parents or in a foster
20 home;
21 (ii) attend school;
22 (iii) attend a non-residential program for
23 youth;
24 (iv) contribute to his own support at home or
25 in a foster home; and
26 (9) make restitution or reparation in an amount not
27 to exceed actual loss or damage to property and pecuniary
28 loss or make restitution under Section 5-5-6 to a
29 domestic violence shelter. The court shall determine the
30 amount and conditions of payment;
31 (10) perform some reasonable public or community
32 service;
33 (11) comply with the terms and conditions of an
34 order of protection issued by the court pursuant to the
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1 Illinois Domestic Violence Act of 1986. If the court has
2 ordered the defendant to make a report and appear in
3 person under paragraph (1) of this subsection, a copy of
4 the order of protection shall be transmitted to the
5 person or agency so designated by the court;
6 (12) reimburse any "local anti-crime program" as
7 defined in Section 7 of the Anti-Crime Advisory Council
8 Act for any reasonable expenses incurred by the program
9 on the offender's case, not to exceed the maximum amount
10 of the fine authorized for the offense for which the
11 defendant was sentenced;
12 (13) contribute a reasonable sum of money, not to
13 exceed the maximum amount of the fine authorized for the
14 offense for which the defendant was sentenced, to a
15 "local anti-crime program", as defined in Section 7 of
16 the Anti-Crime Advisory Council Act;
17 (14) refrain from entering into a designated
18 geographic area except upon such terms as the court finds
19 appropriate. Such terms may include consideration of the
20 purpose of the entry, the time of day, other persons
21 accompanying the defendant, and advance approval by a
22 probation officer;
23 (15) refrain from having any contact, directly or
24 indirectly, with certain specified persons or particular
25 types of person, including but not limited to members of
26 street gangs and drug users or dealers;
27 (16) refrain from having in his or her body the
28 presence of any illicit drug prohibited by the Cannabis
29 Control Act or the Illinois Controlled Substances Act,
30 unless prescribed by a physician, and submit samples of
31 his or her blood or urine or both for tests to determine
32 the presence of any illicit drug;.
33 (17) refrain from operating any motor vehicle not
34 equipped with an ignition interlock device as defined in
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1 Section 1-129.1 of the Illinois Vehicle Code. Under this
2 condition the court may allow a defendant who is not
3 self-employed to operate a vehicle owned by the
4 defendant's employer that is not equipped with an
5 ignition interlock device in the course and scope of the
6 defendant's employment.
7 (d) The court shall defer entering any judgment on the
8 charges until the conclusion of the supervision.
9 (e) At the conclusion of the period of supervision, if
10 the court determines that the defendant has successfully
11 complied with all of the conditions of supervision, the court
12 shall discharge the defendant and enter a judgment dismissing
13 the charges.
14 (f) Discharge and dismissal upon a successful conclusion
15 of a disposition of supervision shall be deemed without
16 adjudication of guilt and shall not be termed a conviction
17 for purposes of disqualification or disabilities imposed by
18 law upon conviction of a crime. Two years after the
19 discharge and dismissal under this Section, unless the
20 disposition of supervision was for a violation of Sections
21 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
22 Vehicle Code or a similar provision of a local ordinance, or
23 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
24 Code of 1961, in which case it shall be 5 years after
25 discharge and dismissal, a person may have his record of
26 arrest sealed or expunged as may be provided by law.
27 However, any defendant placed on supervision before January
28 1, 1980, may move for sealing or expungement of his arrest
29 record, as provided by law, at any time after discharge and
30 dismissal under this Section. A person placed on supervision
31 for a sexual offense committed against a minor as defined in
32 subsection (g) of Section 5 of the Criminal Identification
33 Act or for a violation of Section 11-501 of the Illinois
34 Vehicle Code or a similar provision of a local ordinance
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1 shall not have his or her record of arrest sealed or
2 expunged.
3 (g) A defendant placed on supervision and who during the
4 period of supervision undergoes mandatory drug or alcohol
5 testing, or both, or is assigned to be placed on an approved
6 electronic monitoring device, shall be ordered to pay the
7 costs incidental to such mandatory drug or alcohol testing,
8 or both, and costs incidental to such approved electronic
9 monitoring in accordance with the defendant's ability to pay
10 those costs. The county board with the concurrence of the
11 Chief Judge of the judicial circuit in which the county is
12 located shall establish reasonable fees for the cost of
13 maintenance, testing, and incidental expenses related to the
14 mandatory drug or alcohol testing, or both, and all costs
15 incidental to approved electronic monitoring, of all
16 defendants placed on supervision. The concurrence of the
17 Chief Judge shall be in the form of an administrative order.
18 The fees shall be collected by the clerk of the circuit
19 court. The clerk of the circuit court shall pay all moneys
20 collected from these fees to the county treasurer who shall
21 use the moneys collected to defray the costs of drug testing,
22 alcohol testing, and electronic monitoring. The county
23 treasurer shall deposit the fees collected in the county
24 working cash fund under Section 6-27001 or Section 6-29002 of
25 the Counties Code, as the case may be.
26 (h) A disposition of supervision is a final order for
27 the purposes of appeal.
28 (i) The court shall impose upon a defendant placed on
29 supervision after January 1, 1992, as a condition of
30 supervision, a fee of $25 for each month of supervision
31 ordered by the court, unless after determining the inability
32 of the person placed on supervision to pay the fee, the court
33 assesses a lesser fee. The court may not impose the fee on a
34 minor who is made a ward of the State under the Juvenile
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1 Court Act of 1987 while the minor is in placement. The fee
2 shall be imposed only upon a defendant who is actively
3 supervised by the probation and court services department.
4 The fee shall be collected by the clerk of the circuit court.
5 The clerk of the circuit court shall pay all monies collected
6 from this fee to the county treasurer for deposit in the
7 probation and court services fund pursuant to Section 15.1 of
8 the Probation and Probation Officers Act.
9 (j) All fines and costs imposed under this Section for
10 any violation of Chapters 3, 4, 6, and 11 of the Illinois
11 Vehicle Code, or a similar provision of a local ordinance,
12 and any violation of the Child Passenger Protection Act, or a
13 similar provision of a local ordinance, shall be collected
14 and disbursed by the circuit clerk as provided under Section
15 27.5 of the Clerks of Courts Act.
16 (k) A defendant at least 17 years of age who is placed
17 on supervision for a misdemeanor in a county of 3,000,000 or
18 more inhabitants and who has not been previously convicted of
19 a misdemeanor or felony may as a condition of his or her
20 supervision be required by the court to attend educational
21 courses designed to prepare the defendant for a high school
22 diploma and to work toward a high school diploma or to work
23 toward passing the high school level Test of General
24 Educational Development (GED) or to work toward completing a
25 vocational training program approved by the court. The
26 defendant placed on supervision must attend a public
27 institution of education to obtain the educational or
28 vocational training required by this subsection (k). The
29 defendant placed on supervision shall be required to pay for
30 the cost of the educational courses or GED test, if a fee is
31 charged for those courses or test. The court shall revoke
32 the supervision of a person who wilfully fails to comply with
33 this subsection (k). The court shall resentence the
34 defendant upon revocation of supervision as provided in
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1 Section 5-6-4. This subsection (k) does not apply to a
2 defendant who has a high school diploma or has successfully
3 passed the GED test. This subsection (k) does not apply to a
4 defendant who is determined by the court to be
5 developmentally disabled or otherwise mentally incapable of
6 completing the educational or vocational program.
7 (l) The court shall require a defendant placed on
8 supervision for possession of a substance prohibited by the
9 Cannabis Control Act or Illinois Controlled Substances Act
10 after a previous conviction or disposition of supervision for
11 possession of a substance prohibited by the Cannabis Control
12 Act or Illinois Controlled Substances Act or a sentence of
13 probation under Section 10 of the Cannabis Control Act or
14 Section 410 of the Illinois Controlled Substances Act and
15 after a finding by the court that the person is addicted, to
16 undergo treatment at a substance abuse program approved by
17 the court.
18 (m) The court shall require a defendant placed on
19 supervision for a violation of Section 3-707 of the Illinois
20 Vehicle Code or a similar provision of a local ordinance, as
21 a condition of supervision, to give proof of his or her
22 financial responsibility as defined in Section 7-315 of the
23 Illinois Vehicle Code. The proof shall be maintained by the
24 defendant in a manner satisfactory to the Secretary of State
25 for a minimum period of one year after the date the proof is
26 first filed. The Secretary of State shall suspend the
27 driver's license of any person determined by the Secretary to
28 be in violation of this subsection.
29 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
30 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff.
31 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff.
32 1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 1-1-99.)