[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0127
SB1129 Enrolled LRB9105190LDdvA
AN ACT in relation to motor vehicle ignition interlock
devices, amending named Acts.
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 6-206.1 and adding Section 6-206.2 as
follows:
(625 ILCS 5/1-129.1 new)
Sec. 1-129.1. Ignition interlock device. A device
installed in a motor vehicle that prevents the vehicle from
starting until the device has determined by an analysis of
the driver's breath that the driver's blood alcohol is below
a certain preset level.
(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
Sec. 6-206.1. Judicial Driving Permit. Declaration of
Policy. It is hereby declared a policy of the State of
Illinois that the driver who is impaired by alcohol, other
drug or drugs, or intoxicating compound or compounds is a
threat to the public safety and welfare. Therefore, to
provide a deterrent to such practice and to remove problem
drivers from the highway, a statutory summary driver's
license suspension is appropriate. It is also recognized that
driving is a privilege and therefore, that in some cases the
granting of limited driving privileges, where consistent with
public safety, is warranted during the period of suspension
in the form of a judicial driving permit to drive for the
purpose of employment, receiving drug treatment or medical
care, and educational pursuits, where no alternative means of
transportation is available.
The following procedures shall apply whenever a first
offender is arrested for any offense as defined in Section
11-501 or a similar provision of a local ordinance:
(a) Subsequent to a notification of a statutory summary
suspension of driving privileges as provided in Section
11-501.1, the first offender as defined in Section 11-500 may
petition the circuit court of venue for a Judicial Driving
Permit, hereinafter referred as a JDP, to relieve undue
hardship. The court may issue a court order, pursuant to
the criteria contained in this Section, directing the
Secretary of State to issue such a JDP to the petitioner. A
JDP shall not become effective prior to the 31st day of the
original statutory summary suspension and shall always be
subject to the following criteria:
1. If ordered for the purposes of employment, the
JDP shall be only for the purpose of providing the
petitioner the privilege of driving a motor vehicle
between the petitioner's residence and the petitioner's
place of employment and return; or within the scope of
the petitioner's employment related duties, shall be
effective only during and limited to those specific times
and routes actually required to commute or perform the
petitioner's employment related duties.
2. The court, by a court order, may also direct the
Secretary of State to issue a JDP to allow transportation
for the petitioner, or a household member of the
petitioner's family, to receive alcohol, drug, or
intoxicating compound treatment or medical care, if the
petitioner is able to demonstrate that no alternative
means of transportation is reasonably available. Such JDP
shall be effective only during the specific times
actually required to commute.
3. The court, by a court order, may also direct the
Secretary of State to issue a JDP to allow transportation
by the petitioner for educational purposes upon
demonstrating that there are no alternative means of
transportation reasonably available to accomplish those
educational purposes. Such JDP shall be only for the
purpose of providing transportation to and from the
petitioner's residence and the petitioner's place of
educational activity, and only during the specific times
and routes actually required to commute or perform the
petitioner's educational requirement.
4. The Court shall not issue an order granting a
JDP to:
(i) Any person unless and until the court,
after considering the results of a current
professional evaluation of the person's alcohol or
other drug use by an agency pursuant to Section
15-10 of the Alcoholism and Other Drug Abuse and
Dependency Act and other appropriate investigation
of the person, is satisfied that granting the
privilege of driving a motor vehicle on the highways
will not endanger the public safety or welfare.
(ii) Any person who has been convicted of
reckless homicide within the previous 5 years.
(iii) Any person whose privilege to operate a
motor vehicle was invalid at the time of arrest for
the current violation of Section 11-501, or a
similar provision of a local ordinance, except in
cases where the cause for a driver's license
suspension has been removed at the time a JDP is
effective. In any case, should the Secretary of
State enter a suspension or revocation of driving
privileges pursuant to the provisions of this Code
while the JDP is in effect or pending, the Secretary
shall take the prescribed action and provide a
notice to the person and the court ordering the
issuance of the JDP that all driving privileges,
including those provided by the issuance of the JDP,
have been withdrawn.
(iv) Any person under the age of 18 years.
(b) Prior to ordering the issuance of a JDP the Court
should consider at least, but not be limited to, the
following issues:
1. Whether the person is employed and no other
means of commuting to the place of employment is
available or that the person must drive as a condition of
employment. The employer shall certify the hours of
employment and the need and parameters necessary for
driving as a condition to employment.
2. Whether the person must drive to secure alcohol
or other medical treatment for himself or a family
member.
3. Whether the person must drive for educational
purposes. The educational institution shall certify the
person's enrollment in and academic schedule at the
institution.
4. Whether the person has been repeatedly convicted
of traffic violations or involved in motor vehicle
accidents to a degree which indicates disrespect for
public safety.
5. Whether the person has been convicted of a
traffic violation in connection with a traffic accident
resulting in the death of any person within the last 5
years.
6. Whether the person is likely to obey the limited
provisions of the JDP.
7. Whether the person has any additional traffic
violations pending in any court.
For purposes of this Section, programs conducting
professional evaluations of a person's alcohol, other drug,
or intoxicating compound use must report, to the court of
venue, using a form prescribed by the Secretary of State. A
copy of such evaluations shall be sent to the Secretary of
State by the court. However, the evaluation information shall
be privileged and only available to courts and to the
Secretary of State, but shall not be admissible in the
subsequent trial on the underlying charge.
(c) The scope of any court order issued for a JDP under
this Section shall be limited to the operation of a motor
vehicle as provided for in subsection (a) of this Section and
shall specify the petitioner's residence, place of employment
or location of educational institution, and the scope of job
related duties, if relevant. The JDP shall also specify days
of the week and specific hours of the day when the petitioner
is able to exercise the limited privilege of operating a
motor vehicle. If the Petitioner, who has been granted a JDP,
is issued a citation for a traffic related offense, including
operating a motor vehicle outside the limitations prescribed
in the JDP or a violation of Section 6-303, or is convicted
of any such an offense during the term of the JDP, the court
shall consider cancellation of the limited driving permit.
In any case, if the Petitioner commits an offense, as defined
in Section 11-501, or a similar provision of a local
ordinance, as evidenced by the issuance of a Uniform Traffic
Ticket, the JDP shall be forwarded by the court of venue to
the court ordering the issuance of the JDP, for cancellation.
The court shall notify the Secretary of State of any such
cancellation.
(d) The Secretary of State shall, upon receiving a court
order from the court of venue, issue a JDP to a successful
Petitioner under this Section. Such court order form shall
also contain a notification, which shall be sent to the
Secretary of State, providing the name, driver's license
number and legal address of the successful petitioner, and
the full and detailed description of the limitations of the
JDP. This information shall be available only to the courts,
police officers, and the Secretary of State, except during
the actual period the JDP is valid, during which time it
shall be a public record. The Secretary of State shall design
and furnish to the courts an official court order form to be
used by the courts when directing the Secretary of State to
issue a JDP.
Any submitted court order that contains insufficient data
or fails to comply with this Code shall not be utilized for
JDP issuance or entered to the driver record but shall be
returned to the issuing court indicating why the JDP cannot
be so entered. A notice of this action shall also be sent to
the JDP petitioner by the Secretary of State.
(e) The circuit court of venue may conduct the judicial
hearing, as provided in Section 2-118.1, and the JDP hearing
provided in this Section, concurrently. Such concurrent
hearing shall proceed in the court in the same manner as in
other civil proceedings.
(f) The circuit court of venue may, as a condition of
the issuance of a JDP, prohibit the person from operating a
motor vehicle not equipped with an ignition interlock device.
(Source: P.A. 90-369, eff. 1-1-98; 90-779, eff. 1-1-99.)
(625 ILCS 5/6-206.2 new)
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 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.
A person convicted of a violation of this subsection
shall be punished by imprisonment for not more than 6 months
or by a fine of not more than $5,000, or both.
Section 10. The Unified Code of Corrections is amended
by changing Section 5-6-3.1 as follows:
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
(b) The period of supervision shall be reasonable under
all of the circumstances of the case, but may not be longer
than 2 years, unless the defendant has failed to pay the
assessment required by Section 10.3 of the Cannabis Control
Act or Section 411.2 of the Illinois Controlled Substances
Act, in which case the court may extend supervision beyond 2
years. Additionally, the court shall order the defendant to
perform no less than 30 hours of community service and not
more than 120 hours of community service, if community
service is available in the jurisdiction and is funded and
approved by the county board where the offense was committed,
when the offense (1) was related to or in furtherance of the
criminal activities of an organized gang or was motivated by
the defendant's membership in or allegiance to an organized
gang; or (2) is a violation of any Section of Article 24 of
the Criminal Code of 1961 where a disposition of supervision
is not prohibited by Section 5-6-1 of this Code. The
community service shall include, but not be limited to, the
cleanup and repair of any damage caused by violation of
Section 21-1.3 of the Criminal Code of 1961 and similar
damages to property located within the municipality or county
in which the violation occurred. Where possible and
reasonable, the community service should be performed in the
offender's neighborhood.
For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the court require that
the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the
order of supervision;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for
youth;
(iv) contribute to his own support at home or
in a foster home; and
(9) make restitution or reparation in an amount not
to exceed actual loss or damage to property and pecuniary
loss or make restitution under Section 5-5-6 to a
domestic violence shelter. The court shall determine the
amount and conditions of payment;
(10) perform some reasonable public or community
service;
(11) comply with the terms and conditions of an
order of protection issued by the court pursuant to the
Illinois Domestic Violence Act of 1986. If the court has
ordered the defendant to make a report and appear in
person under paragraph (1) of this subsection, a copy of
the order of protection shall be transmitted to the
person or agency so designated by the court;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program
on the offender's case, not to exceed the maximum amount
of the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, to a
"local anti-crime program", as defined in Section 7 of
the Anti-Crime Advisory Council Act;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of person, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug;.
(17) refrain from operating any motor vehicle not
equipped with an ignition interlock device as defined in
Section 1-129.1 of the Illinois Vehicle Code. Under this
condition the court may allow a defendant who is not
self-employed to operate a vehicle owned by the
defendant's employer that is not equipped with an
ignition interlock device in the course and scope of the
defendant's employment.
(d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if
the court determines that the defendant has successfully
complied with all of the conditions of supervision, the court
shall discharge the defendant and enter a judgment dismissing
the charges.
(f) Discharge and dismissal upon a successful conclusion
of a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction
for purposes of disqualification or disabilities imposed by
law upon conviction of a crime. Two years after the
discharge and dismissal under this Section, unless the
disposition of supervision was for a violation of Sections
3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
Vehicle Code or a similar provision of a local ordinance, or
for a violation of Sections 12-3.2 or 16A-3 of the Criminal
Code of 1961, in which case it shall be 5 years after
discharge and dismissal, a person may have his record of
arrest sealed or expunged as may be provided by law.
However, any defendant placed on supervision before January
1, 1980, may move for sealing or expungement of his arrest
record, as provided by law, at any time after discharge and
dismissal under this Section. A person placed on supervision
for a sexual offense committed against a minor as defined in
subsection (g) of Section 5 of the Criminal Identification
Act or for a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance
shall not have his or her record of arrest sealed or
expunged.
(g) A defendant placed on supervision and who during the
period of supervision undergoes mandatory drug or alcohol
testing, or both, or is assigned to be placed on an approved
electronic monitoring device, shall be ordered to pay the
costs incidental to such mandatory drug or alcohol testing,
or both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay
those costs. The county board with the concurrence of the
Chief Judge of the judicial circuit in which the county is
located shall establish reasonable fees for the cost of
maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs
incidental to approved electronic monitoring, of all
defendants placed on supervision. The concurrence of the
Chief Judge shall be in the form of an administrative order.
The fees shall be collected by the clerk of the circuit
court. The clerk of the circuit court shall pay all moneys
collected from these fees to the county treasurer who shall
use the moneys collected to defray the costs of drug testing,
alcohol testing, and electronic monitoring. The county
treasurer shall deposit the fees collected in the county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
(h) A disposition of supervision is a final order for
the purposes of appeal.
(i) The court shall impose upon a defendant placed on
supervision after January 1, 1992, as a condition of
supervision, a fee of $25 for each month of supervision
ordered by the court, unless after determining the inability
of the person placed on supervision to pay the fee, the court
assesses a lesser fee. The court may not impose the fee on a
minor who is made a ward of the State under the Juvenile
Court Act of 1987 while the minor is in placement. The fee
shall be imposed only upon a defendant who is actively
supervised by the probation and court services department.
The fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies collected
from this fee to the county treasurer for deposit in the
probation and court services fund pursuant to Section 15.1 of
the Probation and Probation Officers Act.
(j) All fines and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(k) A defendant at least 17 years of age who is placed
on supervision for a misdemeanor in a county of 3,000,000 or
more inhabitants and who has not been previously convicted of
a misdemeanor or felony may as a condition of his or her
supervision be required by the court to attend educational
courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work
toward passing the high school level Test of General
Educational Development (GED) or to work toward completing a
vocational training program approved by the court. The
defendant placed on supervision must attend a public
institution of education to obtain the educational or
vocational training required by this subsection (k). The
defendant placed on supervision shall be required to pay for
the cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall revoke
the supervision of a person who wilfully fails to comply with
this subsection (k). The court shall resentence the
defendant upon revocation of supervision as provided in
Section 5-6-4. This subsection (k) does not apply to a
defendant who has a high school diploma or has successfully
passed the GED test. This subsection (k) does not apply to a
defendant who is determined by the court to be
developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(l) The court shall require a defendant placed on
supervision for possession of a substance prohibited by the
Cannabis Control Act or Illinois Controlled Substances Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis Control
Act or Illinois Controlled Substances Act or a sentence of
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act and
after a finding by the court that the person is addicted, to
undergo treatment at a substance abuse program approved by
the court.
(m) The court shall require a defendant placed on
supervision for a violation of Section 3-707 of the Illinois
Vehicle Code or a similar provision of a local ordinance, as
a condition of supervision, to give proof of his or her
financial responsibility as defined in Section 7-315 of the
Illinois Vehicle Code. The proof shall be maintained by the
defendant in a manner satisfactory to the Secretary of State
for a minimum period of one year after the date the proof is
first filed. The Secretary of State shall suspend the
driver's license of any person determined by the Secretary to
be in violation of this subsection.
(Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff.
6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff.
1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 1-1-99.)
[ Top ]