HB2490 Engrossed LRB096 09113 AJT 19257 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Section 6-303 as follows:
 
6     (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
7     (Text of Section before amendment by P.A. 95-991)
8     Sec. 6-303. Driving while driver's license, permit or
9 privilege to operate a motor vehicle is suspended or revoked.
10     (a) Except as otherwise provided in subsection (a-5), any
11 person who drives or is in actual physical control of a motor
12 vehicle on any highway of this State at a time when such
13 person's driver's license, permit or privilege to do so or the
14 privilege to obtain a driver's license or permit is revoked or
15 suspended as provided by this Code or the law of another state,
16 except as may be specifically allowed by a judicial driving
17 permit issued prior to January 1, 2009, monitoring device
18 driving permit, family financial responsibility driving
19 permit, probationary license to drive, or a restricted driving
20 permit issued pursuant to this Code or under the law of another
21 state, shall be guilty of a Class A misdemeanor.
22     (a-5) Any person who violates this Section as provided in
23 subsection (a) while his or her driver's license, permit or

 

 

HB2490 Engrossed - 2 - LRB096 09113 AJT 19257 b

1 privilege is revoked because of a violation of Section 9-3 of
2 the Criminal Code of 1961, relating to the offense of reckless
3 homicide or a similar provision of a law of another state, is
4 guilty of a Class 4 felony. The person shall be required to
5 undergo a professional evaluation, as provided in Section
6 11-501 of this Code, to determine if an alcohol, drug, or
7 intoxicating compound problem exists and the extent of the
8 problem, and to undergo the imposition of treatment as
9 appropriate.
10     (b) The Secretary of State upon receiving a report of the
11 conviction of any violation indicating a person was operating a
12 motor vehicle during the time when said person's driver's
13 license, permit or privilege was suspended by the Secretary, by
14 the appropriate authority of another state, or pursuant to
15 Section 11-501.1; except as may be specifically allowed by a
16 probationary license to drive, judicial driving permit issued
17 prior to January 1, 2009, monitoring device driving permit, or
18 restricted driving permit issued pursuant to this Code or the
19 law of another state; shall extend the suspension for the same
20 period of time as the originally imposed suspension; however,
21 if the period of suspension has then expired, the Secretary
22 shall be authorized to suspend said person's driving privileges
23 for the same period of time as the originally imposed
24 suspension.
25     (b-3) When the Secretary of State receives a report of a
26 conviction of any violation indicating that a vehicle was

 

 

HB2490 Engrossed - 3 - LRB096 09113 AJT 19257 b

1 operated during the time when the person's driver's license,
2 permit or privilege was revoked, except as may be allowed by a
3 restricted driving permit issued pursuant to this Code or the
4 law of another state, the Secretary shall not issue a driver's
5 license to that person for an additional period of one year
6 from the date of such conviction.
7     (b-4) When the Secretary of State receives a report of a
8 conviction of any violation indicating a person was operating a
9 motor vehicle that was not equipped with an ignition interlock
10 device during a time when the person was prohibited from
11 operating a motor vehicle not equipped with such a device, the
12 Secretary shall not issue a driver's license to that person for
13 an additional period of one year from the date of the
14 conviction.
15     (b-5) Any person convicted of violating this Section shall
16 serve a minimum term of imprisonment of 30 consecutive days or
17 300 hours of community service when the person's driving
18 privilege was revoked or suspended as a result of a violation
19 of Section 9-3 of the Criminal Code of 1961, as amended,
20 relating to the offense of reckless homicide, or a similar
21 provision of a law of another state.
22     (c) Except as provided in subsections (c-3) and (c-4), any
23 person convicted of violating this Section shall serve a
24 minimum term of imprisonment of 10 consecutive days or 30 days
25 of community service when the person's driving privilege was
26 revoked or suspended as a result of:

 

 

HB2490 Engrossed - 4 - LRB096 09113 AJT 19257 b

1         (1) a violation of Section 11-501 of this Code or a
2     similar provision of a local ordinance relating to the
3     offense of operating or being in physical control of a
4     vehicle while under the influence of alcohol, any other
5     drug or any combination thereof; or
6         (2) a violation of paragraph (b) of Section 11-401 of
7     this Code or a similar provision of a local ordinance
8     relating to the offense of leaving the scene of a motor
9     vehicle accident involving personal injury or death; or
10         (3) a statutory summary suspension under Section
11     11-501.1 of this Code.
12     Such sentence of imprisonment or community service shall
13 not be subject to suspension in order to reduce such sentence.
14     (c-1) Except as provided in subsections (c-5) and (d), any
15 person convicted of a second violation of this Section shall be
16 ordered by the court to serve a minimum of 100 hours of
17 community service.
18     (c-2) In addition to other penalties imposed under this
19 Section, the court may impose on any person convicted a fourth
20 time of violating this Section any of the following:
21         (1) Seizure of the license plates of the person's
22     vehicle.
23         (2) Immobilization of the person's vehicle for a period
24     of time to be determined by the court.
25     (c-3) Any person convicted of a violation of this Section
26 during a period of summary suspension imposed pursuant to

 

 

HB2490 Engrossed - 5 - LRB096 09113 AJT 19257 b

1 Section 11-501.1 when the person was eligible for a MDDP shall
2 be guilty of a Class 4 felony and shall serve a minimum term of
3 imprisonment of 30 days.
4     (c-4) Any person who has been issued a MDDP and who is
5 convicted of a violation of this Section as a result of
6 operating or being in actual physical control of a motor
7 vehicle not equipped with an ignition interlock device at the
8 time of the offense shall be guilty of a Class 4 felony and
9 shall serve a minimum term of imprisonment of 30 days.
10     (c-5) Any person convicted of a second violation of this
11 Section is guilty of a Class 2 felony, is not eligible for
12 probation or conditional discharge, and shall serve a mandatory
13 term of imprisonment, if the revocation or suspension was for a
14 violation of Section 9-3 of the Criminal Code of 1961, relating
15 to the offense of reckless homicide, or a similar out-of-state
16 offense.
17     (d) Any person convicted of a second violation of this
18 Section shall be guilty of a Class 4 felony and shall serve a
19 minimum term of imprisonment of 30 days or 300 hours of
20 community service, as determined by the court, if the
21 revocation or suspension was for a violation of Section 11-401
22 or 11-501 of this Code, or a similar out-of-state offense, or a
23 similar provision of a local ordinance, or a statutory summary
24 suspension under Section 11-501.1 of this Code.
25     (d-1) Except as provided in subsections (d-2), (d-2.5), and
26 (d-3), any person convicted of a third or subsequent violation

 

 

HB2490 Engrossed - 6 - LRB096 09113 AJT 19257 b

1 of this Section shall serve a minimum term of imprisonment of
2 30 days or 300 hours of community service, as determined by the
3 court.
4     (d-2) Any person convicted of a third violation of this
5 Section is guilty of a Class 4 felony and must serve a minimum
6 term of imprisonment of 30 days if the revocation or suspension
7 was for a violation of Section 11-401 or 11-501 of this Code,
8 or a similar out-of-state offense, or a similar provision of a
9 local ordinance, or a statutory summary suspension under
10 Section 11-501.1 of this Code.
11     (d-2.5) Any person convicted of a third violation of this
12 Section is guilty of a Class 1 felony, is not eligible for
13 probation or conditional discharge, and must serve a mandatory
14 term of imprisonment if the revocation or suspension was for a
15 violation of Section 9-3 of the Criminal Code of 1961, relating
16 to the offense of reckless homicide, or a similar out-of-state
17 offense.
18     (d-3) Any person convicted of a fourth, fifth, sixth,
19 seventh, eighth, or ninth violation of this Section is guilty
20 of a Class 4 felony and must serve a minimum term of
21 imprisonment of 180 days if the revocation or suspension was
22 for a violation of Section 11-401 or 11-501 of this Code, or a
23 similar out-of-state offense, or a similar provision of a local
24 ordinance, or a statutory summary suspension under Section
25 11-501.1 of this Code.
26     (d-3.3) Any person convicted of a fourth, fifth, sixth,

 

 

HB2490 Engrossed - 7 - LRB096 09113 AJT 19257 b

1 seventh, eighth, or ninth violation of this Section is guilty
2 of a Class 4 felony and must serve a minimum term of
3 imprisonment of 180 days or serve a minimum of 60 days and
4 abstain from consuming alcohol while wearing a continuous
5 alcohol monitoring device to verify compliance for 270 days
6 after imprisonment if the revocation or suspension was for a
7 violation of Section 11-501 of this Code, or a similar
8 out-of-state offense, or a similar provision of a local
9 ordinance, or a statutory summary suspension under Section
10 11-501.1 of this Code.
11     (d-3.5) Any person convicted of a fourth or subsequent
12 violation of this Section is guilty of a Class 1 felony, is not
13 eligible for probation or conditional discharge, and must serve
14 a mandatory term of imprisonment, and is eligible for an
15 extended term, if the revocation or suspension was for a
16 violation of Section 9-3 of the Criminal Code of 1961, relating
17 to the offense of reckless homicide, or a similar out-of-state
18 offense.
19     (d-4) Any person convicted of a tenth, eleventh, twelfth,
20 thirteenth, or fourteenth violation of this Section is guilty
21 of a Class 3 felony, and is not eligible for probation or
22 conditional discharge, if the revocation or suspension was for
23 a violation of Section 11-401 or 11-501 of this Code, or a
24 similar out-of-state offense, or a similar provision of a local
25 ordinance, or a statutory summary suspension under Section
26 11-501.1 of this Code.

 

 

HB2490 Engrossed - 8 - LRB096 09113 AJT 19257 b

1     (d-4.5) Any person convicted of a tenth, eleventh, twelfth,
2 thirteenth, or fourteenth violation of this Section is guilty
3 of a Class 3 felony, and is not eligible for probation or
4 conditional discharge, if the revocation or suspension was for
5 a violation of Section 11-501 of this Code, or a similar
6 out-of-state offense, or a similar provision of a local
7 ordinance, or a statutory summary suspension under Section
8 11-501.1 of this Code. Upon release, the person shall abstain
9 from consuming alcohol and wear a continuous alcohol monitoring
10 device to verify compliance for 365 days after imprisonment.
11     (d-5) Any person convicted of a fifteenth or subsequent
12 violation of this Section is guilty of a Class 2 felony, and is
13 not eligible for probation or conditional discharge, if the
14 revocation or suspension was for a violation of Section 11-401
15 or 11-501 of this Code, or a similar out-of-state offense, or a
16 similar provision of a local ordinance, or a statutory summary
17 suspension under Section 11-501.1 of this Code.
18     (d-7) Any person convicted of a fifteenth or subsequent
19 violation of this Section is guilty of a Class 2 felony, and is
20 not eligible for probation or conditional discharge, if the
21 revocation or suspension was for a violation of Section 11-501
22 of this Code, or a similar out-of-state offense, or a similar
23 provision of a local ordinance, or a statutory summary
24 suspension under Section 11-501.1 of this Code. Upon release,
25 the person shall abstain from consuming alcohol and wear a
26 continuous alcohol monitoring device to verify compliance for

 

 

HB2490 Engrossed - 9 - LRB096 09113 AJT 19257 b

1 365 days after imprisonment.
2     (e) Any person in violation of this Section who is also in
3 violation of Section 7-601 of this Code relating to mandatory
4 insurance requirements, in addition to other penalties imposed
5 under this Section, shall have his or her motor vehicle
6 immediately impounded by the arresting law enforcement
7 officer. The motor vehicle may be released to any licensed
8 driver upon a showing of proof of insurance for the vehicle
9 that was impounded and the notarized written consent for the
10 release by the vehicle owner.
11     (f) For any prosecution under this Section, a certified
12 copy of the driving abstract of the defendant shall be admitted
13 as proof of any prior conviction.
14     (g) The motor vehicle used in a violation of this Section
15 is subject to seizure and forfeiture as provided in Sections
16 36-1 and 36-2 of the Criminal Code of 1961 if the person's
17 driving privilege was revoked or suspended as a result of a
18 violation listed in paragraph (1), (2), or (3) of subsection
19 (c) of this Section or as a result of a summary suspension as
20 provided in paragraph (4) of subsection (c) of this Section.
21     (h) For the purposes of this Section, "continuous alcohol
22 monitoring device" means a device that automatically tests
23 breath, blood, or transdermal alcohol concentration levels at
24 least once every hour and detects tamper attempts, regardless
25 of the location of the person who is being monitored, and
26 regularly transmits such data. A person required to wear a

 

 

HB2490 Engrossed - 10 - LRB096 09113 AJT 19257 b

1 continuous alcohol monitoring device under this Section is
2 responsible for all costs of the device.
3 (Source: P.A. 94-112, eff. 1-1-06; 95-27, eff. 1-1-08; 95-377,
4 eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-876,
5 eff. 8-21-08.)
 
6     (Text of Section after amendment by P.A. 95-991)
7     Sec. 6-303. Driving while driver's license, permit or
8 privilege to operate a motor vehicle is suspended or revoked.
9     (a) Except as otherwise provided in subsection (a-5), any
10 person who drives or is in actual physical control of a motor
11 vehicle on any highway of this State at a time when such
12 person's driver's license, permit or privilege to do so or the
13 privilege to obtain a driver's license or permit is revoked or
14 suspended as provided by this Code or the law of another state,
15 except as may be specifically allowed by a judicial driving
16 permit issued prior to January 1, 2009, monitoring device
17 driving permit, family financial responsibility driving
18 permit, probationary license to drive, or a restricted driving
19 permit issued pursuant to this Code or under the law of another
20 state, shall be guilty of a Class A misdemeanor.
21     (a-5) Any person who violates this Section as provided in
22 subsection (a) while his or her driver's license, permit or
23 privilege is revoked because of a violation of Section 9-3 of
24 the Criminal Code of 1961, relating to the offense of reckless
25 homicide or a similar provision of a law of another state, is

 

 

HB2490 Engrossed - 11 - LRB096 09113 AJT 19257 b

1 guilty of a Class 4 felony. The person shall be required to
2 undergo a professional evaluation, as provided in Section
3 11-501 of this Code, to determine if an alcohol, drug, or
4 intoxicating compound problem exists and the extent of the
5 problem, and to undergo the imposition of treatment as
6 appropriate.
7     (b) The Secretary of State upon receiving a report of the
8 conviction of any violation indicating a person was operating a
9 motor vehicle during the time when said person's driver's
10 license, permit or privilege was suspended by the Secretary, by
11 the appropriate authority of another state, or pursuant to
12 Section 11-501.1; except as may be specifically allowed by a
13 probationary license to drive, judicial driving permit issued
14 prior to January 1, 2009, monitoring device driving permit, or
15 restricted driving permit issued pursuant to this Code or the
16 law of another state; shall extend the suspension for the same
17 period of time as the originally imposed suspension; however,
18 if the period of suspension has then expired, the Secretary
19 shall be authorized to suspend said person's driving privileges
20 for the same period of time as the originally imposed
21 suspension.
22     (b-3) When the Secretary of State receives a report of a
23 conviction of any violation indicating that a vehicle was
24 operated during the time when the person's driver's license,
25 permit or privilege was revoked, except as may be allowed by a
26 restricted driving permit issued pursuant to this Code or the

 

 

HB2490 Engrossed - 12 - LRB096 09113 AJT 19257 b

1 law of another state, the Secretary shall not issue a driver's
2 license to that person for an additional period of one year
3 from the date of such conviction.
4     (b-4) When the Secretary of State receives a report of a
5 conviction of any violation indicating a person was operating a
6 motor vehicle that was not equipped with an ignition interlock
7 device during a time when the person was prohibited from
8 operating a motor vehicle not equipped with such a device, the
9 Secretary shall not issue a driver's license to that person for
10 an additional period of one year from the date of the
11 conviction.
12     (b-5) Any person convicted of violating this Section shall
13 serve a minimum term of imprisonment of 30 consecutive days or
14 300 hours of community service when the person's driving
15 privilege was revoked or suspended as a result of a violation
16 of Section 9-3 of the Criminal Code of 1961, as amended,
17 relating to the offense of reckless homicide, or a similar
18 provision of a law of another state.
19     (c) Except as provided in subsections (c-3) and (c-4), any
20 person convicted of violating this Section shall serve a
21 minimum term of imprisonment of 10 consecutive days or 30 days
22 of community service when the person's driving privilege was
23 revoked or suspended as a result of:
24         (1) a violation of Section 11-501 of this Code or a
25     similar provision of a local ordinance relating to the
26     offense of operating or being in physical control of a

 

 

HB2490 Engrossed - 13 - LRB096 09113 AJT 19257 b

1     vehicle while under the influence of alcohol, any other
2     drug or any combination thereof; or
3         (2) a violation of paragraph (b) of Section 11-401 of
4     this Code or a similar provision of a local ordinance
5     relating to the offense of leaving the scene of a motor
6     vehicle accident involving personal injury or death; or
7         (3) a statutory summary suspension under Section
8     11-501.1 of this Code.
9     Such sentence of imprisonment or community service shall
10 not be subject to suspension in order to reduce such sentence.
11     (c-1) Except as provided in subsections (c-5) and (d), any
12 person convicted of a second violation of this Section shall be
13 ordered by the court to serve a minimum of 100 hours of
14 community service.
15     (c-2) In addition to other penalties imposed under this
16 Section, the court may impose on any person convicted a fourth
17 time of violating this Section any of the following:
18         (1) Seizure of the license plates of the person's
19     vehicle.
20         (2) Immobilization of the person's vehicle for a period
21     of time to be determined by the court.
22     (c-3) Any person convicted of a violation of this Section
23 during a period of summary suspension imposed pursuant to
24 Section 11-501.1 when the person was eligible for a MDDP shall
25 be guilty of a Class 4 felony and shall serve a minimum term of
26 imprisonment of 30 days.

 

 

HB2490 Engrossed - 14 - LRB096 09113 AJT 19257 b

1     (c-4) Any person who has been issued a MDDP and who is
2 convicted of a violation of this Section as a result of
3 operating or being in actual physical control of a motor
4 vehicle not equipped with an ignition interlock device at the
5 time of the offense shall be guilty of a Class 4 felony and
6 shall serve a minimum term of imprisonment of 30 days.
7     (c-5) Any person convicted of a second violation of this
8 Section is guilty of a Class 2 felony, is not eligible for
9 probation or conditional discharge, and shall serve a mandatory
10 term of imprisonment, if the revocation or suspension was for a
11 violation of Section 9-3 of the Criminal Code of 1961, relating
12 to the offense of reckless homicide, or a similar out-of-state
13 offense.
14     (d) Any person convicted of a second violation of this
15 Section shall be guilty of a Class 4 felony and shall serve a
16 minimum term of imprisonment of 30 days or 300 hours of
17 community service, as determined by the court, if the original
18 revocation or suspension was for a violation of Section 11-401
19 or 11-501 of this Code, or a similar out-of-state offense, or a
20 similar provision of a local ordinance, or a statutory summary
21 suspension under Section 11-501.1 of this Code.
22     (d-1) Except as provided in subsections (d-2), (d-2.5), and
23 (d-3), any person convicted of a third or subsequent violation
24 of this Section shall serve a minimum term of imprisonment of
25 30 days or 300 hours of community service, as determined by the
26 court.

 

 

HB2490 Engrossed - 15 - LRB096 09113 AJT 19257 b

1     (d-2) Any person convicted of a third violation of this
2 Section is guilty of a Class 4 felony and must serve a minimum
3 term of imprisonment of 30 days if the revocation or suspension
4 was for a violation of Section 11-401 or 11-501 of this Code,
5 or a similar out-of-state offense, or a similar provision of a
6 local ordinance, or a statutory summary suspension under
7 Section 11-501.1 of this Code.
8     (d-2.5) Any person convicted of a third violation of this
9 Section is guilty of a Class 1 felony, is not eligible for
10 probation or conditional discharge, and must serve a mandatory
11 term of imprisonment if the revocation or suspension was for a
12 violation of Section 9-3 of the Criminal Code of 1961, relating
13 to the offense of reckless homicide, or a similar out-of-state
14 offense.
15     (d-3) Any person convicted of a fourth, fifth, sixth,
16 seventh, eighth, or ninth violation of this Section is guilty
17 of a Class 4 felony and must serve a minimum term of
18 imprisonment of 180 days if the revocation or suspension was
19 for a violation of Section 11-401 or 11-501 of this Code, or a
20 similar out-of-state offense, or a similar provision of a local
21 ordinance, or a statutory summary suspension under Section
22 11-501.1 of this Code.
23     (d-3.3) Any person convicted of a fourth, fifth, sixth,
24 seventh, eighth, or ninth violation of this Section is guilty
25 of a Class 4 felony and must serve a minimum term of
26 imprisonment of 180 days or serve a minimum of 60 days and

 

 

HB2490 Engrossed - 16 - LRB096 09113 AJT 19257 b

1 abstain from consuming alcohol while wearing a continuous
2 alcohol monitoring device to verify compliance for 270 days
3 after imprisonment if the revocation or suspension was for a
4 violation of Section 11-501 of this Code, or a similar
5 out-of-state offense, or a similar provision of a local
6 ordinance, or a statutory summary suspension under Section
7 11-501.1 of this Code.
8     (d-3.5) Any person convicted of a fourth or subsequent
9 violation of this Section is guilty of a Class 1 felony, is not
10 eligible for probation or conditional discharge, and must serve
11 a mandatory term of imprisonment, and is eligible for an
12 extended term, if the revocation or suspension was for a
13 violation of Section 9-3 of the Criminal Code of 1961, relating
14 to the offense of reckless homicide, or a similar out-of-state
15 offense.
16     (d-4) Any person convicted of a tenth, eleventh, twelfth,
17 thirteenth, or fourteenth violation of this Section is guilty
18 of a Class 3 felony, and is not eligible for probation or
19 conditional discharge, if the revocation or suspension was for
20 a violation of Section 11-401 or 11-501 of this Code, or a
21 similar out-of-state offense, or a similar provision of a local
22 ordinance, or a statutory summary suspension under Section
23 11-501.1 of this Code.
24     (d-4.5) Any person convicted of a tenth, eleventh, twelfth,
25 thirteenth, or fourteenth violation of this Section is guilty
26 of a Class 3 felony, and is not eligible for probation or

 

 

HB2490 Engrossed - 17 - LRB096 09113 AJT 19257 b

1 conditional discharge, if the revocation or suspension was for
2 a violation of Section 11-501 of this Code, or a similar
3 out-of-state offense, or a similar provision of a local
4 ordinance, or a statutory summary suspension under Section
5 11-501.1 of this Code. Upon release, the person shall abstain
6 from consuming alcohol and wear a continuous alcohol monitoring
7 device to verify compliance for 365 days after imprisonment.
8     (d-5) Any person convicted of a fifteenth or subsequent
9 violation of this Section is guilty of a Class 2 felony, and is
10 not eligible for probation or conditional discharge, if the
11 revocation or suspension was for a violation of Section 11-401
12 or 11-501 of this Code, or a similar out-of-state offense, or a
13 similar provision of a local ordinance, or a statutory summary
14 suspension under Section 11-501.1 of this Code.
15     (d-7) Any person convicted of a fifteenth or subsequent
16 violation of this Section is guilty of a Class 2 felony, and is
17 not eligible for probation or conditional discharge, if the
18 revocation or suspension was for a violation of Section 11-501
19 of this Code, or a similar out-of-state offense, or a similar
20 provision of a local ordinance, or a statutory summary
21 suspension under Section 11-501.1 of this Code. Upon release,
22 the person shall abstain from consuming alcohol and wear a
23 continuous alcohol monitoring device to verify compliance for
24 365 days after imprisonment.
25     (e) Any person in violation of this Section who is also in
26 violation of Section 7-601 of this Code relating to mandatory

 

 

HB2490 Engrossed - 18 - LRB096 09113 AJT 19257 b

1 insurance requirements, in addition to other penalties imposed
2 under this Section, shall have his or her motor vehicle
3 immediately impounded by the arresting law enforcement
4 officer. The motor vehicle may be released to any licensed
5 driver upon a showing of proof of insurance for the vehicle
6 that was impounded and the notarized written consent for the
7 release by the vehicle owner.
8     (f) For any prosecution under this Section, a certified
9 copy of the driving abstract of the defendant shall be admitted
10 as proof of any prior conviction.
11     (g) The motor vehicle used in a violation of this Section
12 is subject to seizure and forfeiture as provided in Sections
13 36-1 and 36-2 of the Criminal Code of 1961 if the person's
14 driving privilege was revoked or suspended as a result of a
15 violation listed in paragraph (1), (2), or (3) of subsection
16 (c) of this Section or as a result of a summary suspension as
17 provided in paragraph (4) of subsection (c) of this Section.
18     (h) For the purposes of this Section, "continuous alcohol
19 monitoring device" means a device that automatically tests
20 breath, blood, or transdermal alcohol concentration levels at
21 least once every hour and detects tamper attempts, regardless
22 of the location of the person who is being monitored, and
23 regularly transmits such data. A person required to wear a
24 continuous alcohol monitoring device under this Section is
25 responsible for all costs of the device.
26 (Source: P.A. 94-112, eff. 1-1-06; 95-27, eff. 1-1-08; 95-377,

 

 

HB2490 Engrossed - 19 - LRB096 09113 AJT 19257 b

1 eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-876,
2 eff. 8-21-08; 95-991, eff. 6-1-09.)
 
3     Section 95. No acceleration or delay. Where this Act makes
4 changes in a statute that is represented in this Act by text
5 that is not yet or no longer in effect (for example, a Section
6 represented by multiple versions), the use of that text does
7 not accelerate or delay the taking effect of (i) the changes
8 made by this Act or (ii) provisions derived from any other
9 Public Act.