97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4994

 

Introduced , by Rep. Tom Cross

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-206.2
725 ILCS 5/115-15.5 new

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


LRB097 17050 HEP 62248 b

 

 

A BILL FOR

 

HB4994LRB097 17050 HEP 62248 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-206.2 as follows:
 
6    (625 ILCS 5/6-206.2)
7    Sec. 6-206.2. Violations relating to an ignition interlock
8device.
9    (a) It is unlawful for any person whose driving privilege
10is restricted by being prohibited from operating a motor
11vehicle not equipped with an ignition interlock device to
12operate a motor vehicle not equipped with an ignition interlock
13device.
14    (a-5) It is unlawful for any person whose driving privilege
15is restricted by being prohibited from operating a motor
16vehicle not equipped with an ignition interlock device to
17request or solicit any other person to blow into an ignition
18interlock device or to start a motor vehicle equipped with the
19device for the purpose of providing the person so restricted
20with an operable motor vehicle.
21    (b) It is unlawful to blow into an ignition interlock
22device or to start a motor vehicle equipped with the device for
23the purpose of providing an operable motor vehicle to a person

 

 

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1whose driving privilege is restricted by being prohibited from
2operating a motor vehicle not equipped with an ignition
3interlock device.
4    (c) It is unlawful to tamper with, or circumvent the
5operation of, an ignition interlock device.
6    (d) Except as provided in subsection (c)(17) of Section
75-6-3.1 of the Unified Code of Corrections or by rule, no
8person shall knowingly rent, lease, or lend a motor vehicle to
9a person known to have his or her driving privilege restricted
10by being prohibited from operating a vehicle not equipped with
11an ignition interlock device, unless the vehicle is equipped
12with a functioning ignition interlock device. Any person whose
13driving privilege is so restricted shall notify any person
14intending to rent, lease, or loan a motor vehicle to the
15restricted person of the driving restriction imposed upon him
16or her.
17    (d-5) A person convicted of a violation of this Section is
18guilty of a Class A misdemeanor.
19    (e) (Blank).
20    (f) Notwithstanding any other provision of law, any record
21of information recorded by an ignition interlock device
22installed in the vehicle of a person whose driving privilege is
23restricted by being prohibited from operating a motor vehicle
24not equipped with an ignition interlock device shall be
25admissible in evidence as a business record exception to the
26hearsay rule in any proceeding concerning an alleged violation

 

 

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1related to an ignition interlock device, provided that the
2record was received by the Secretary of State from any person
3or entity having a legal or contractual duty to create or
4maintain the record.
5(Source: P.A. 95-27, eff. 1-1-08; 95-578, eff. 6-1-08; 95-876,
6eff. 8-21-08.)
 
7    Section 10. The Code of Criminal Procedure of 1963 is
8amended by adding Section 115-15.5 as follows:
 
9    (725 ILCS 5/115-15.5 new)
10    Sec. 115-15.5. Information recorded by an ignition
11interlock device.
12    (a) In any criminal prosecution for a violation of related
13to an ignition interlock device, any record of information
14recorded by an ignition interlock device installed in the
15vehicle of a person whose driving privilege is restricted by
16being prohibited from operating a motor vehicle not equipped
17with an ignition interlock device shall be admissible in
18evidence as a business record exception to the hearsay rule,
19provided that the record was received by the Secretary of State
20from any person or entity having a legal or contractual duty to
21create or maintain the record.
22    (b) The State's Attorney shall serve a copy of the report
23on the attorney of record for the accused, or on the accused if
24he or she has no attorney, before any proceeding in which the

 

 

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1report is to be used against the accused other than at a
2preliminary hearing or grand jury hearing when the report may
3be used without having been previously served upon the accused.