Full Text of SB3775 96th General Assembly
SB3775sam001 96TH GENERAL ASSEMBLY
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Sen. A. J. Wilhelmi
Filed: 3/15/2010
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09600SB3775sam001 |
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LRB096 18655 AJT 38665 a |
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| AMENDMENT TO SENATE BILL 3775
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| AMENDMENT NO. ______. Amend Senate Bill 3775 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Sections 1-129.1, 6-118, 6-206.1, and 6-208.1 as | 6 |
| follows:
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| (625 ILCS 5/1-129.1)
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| Sec. 1-129.1. Ignition interlock device , breath alcohol | 9 |
| ignition interlock device (BAIID) . A device installed in a | 10 |
| motor
vehicle that prevents the vehicle from starting until the | 11 |
| device has determined
by an analysis of the driver's breath | 12 |
| that the driver's breath blood alcohol is below
a certain | 13 |
| preset level.
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| (Source: P.A. 91-127, eff. 1-1-00.)
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| (625 ILCS 5/6-118) (from Ch. 95 1/2, par. 6-118)
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| Sec. 6-118. Fees.
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| (a) The fee for licenses and permits under this
Article is | 3 |
| as follows:
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| Original driver's license ............................$30
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| Original or renewal driver's license
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| issued to 18, 19 and 20 year olds ................. 5
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| All driver's licenses for persons
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| age 69 through age 80 ............................. 5
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| All driver's licenses for persons
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| age 81 through age 86 ............................. 2
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| All driver's licenses for persons
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| age 87 or older ....................................0
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| Renewal driver's license (except for
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| applicants ages 18, 19 and 20 or
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| age 69 and older) .................................30
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| Original instruction permit issued to
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| persons (except those age 69 and older)
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| who do not hold or have not previously
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| held an Illinois instruction permit or
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| driver's license ................................. 20
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| Instruction permit issued to any person
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| holding an Illinois driver's license
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| who wishes a change in classifications,
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| other than at the time of renewal ................. 5
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| Any instruction permit issued to a person
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| age 69 and older .................................. 5
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| Instruction permit issued to any person,
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| under age 69, not currently holding a
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| valid Illinois driver's license or
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| instruction permit but who has
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| previously been issued either document
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| in Illinois ...................................... 10
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| Restricted driving permit ............................. 8
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| Monitoring device driving permit ...................... 8 | 9 |
| Duplicate or corrected driver's license
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| or permit ......................................... 5
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| Duplicate or corrected restricted
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| driving permit .................................... 5
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| Duplicate or corrected monitoring | 14 |
| device driving permit .................................. 5 | 15 |
| Original or renewal M or L endorsement ................ 5
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| SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
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| The fees for commercial driver licenses and permits | 18 |
| under Article V
shall be as follows:
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| Commercial driver's license:
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| $6 for the CDLIS/AAMVAnet Fund
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| (Commercial Driver's License Information
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| System/American Association of Motor Vehicle
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| Administrators network Trust Fund);
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| $20 for the Motor Carrier Safety Inspection Fund;
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| $10 for the driver's license;
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| and $24 for the CDL: ............................ $60
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| Renewal commercial driver's license:
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| $6 for the CDLIS/AAMVAnet Trust Fund;
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| $20 for the Motor Carrier Safety Inspection Fund;
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| $10 for the driver's license; and
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| $24 for the CDL: ................................ $60
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| Commercial driver instruction permit
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| issued to any person holding a valid
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| Illinois driver's license for the
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| purpose of changing to a
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| CDL classification: $6 for the
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| CDLIS/AAMVAnet Trust Fund;
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| $20 for the Motor Carrier
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| Safety Inspection Fund; and
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| $24 for the CDL classification .................. $50
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| Commercial driver instruction permit
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| issued to any person holding a valid
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| Illinois CDL for the purpose of
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| making a change in a classification,
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| endorsement or restriction ....................... $5
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| CDL duplicate or corrected license ................... $5
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| In order to ensure the proper implementation of the Uniform | 22 |
| Commercial
Driver License Act, Article V of this Chapter, the | 23 |
| Secretary of State is
empowered to pro-rate the $24 fee for the | 24 |
| commercial driver's license
proportionate to the expiration | 25 |
| date of the applicant's Illinois driver's
license.
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| The fee for any duplicate license or permit shall be waived |
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| for any
person age 60 or older who presents the Secretary of | 2 |
| State's office with a
police report showing that his license or | 3 |
| permit was stolen.
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| No additional fee shall be charged for a driver's license, | 5 |
| or for a
commercial driver's license, when issued
to the holder | 6 |
| of an instruction permit for the same classification or
type of | 7 |
| license who becomes eligible for such
license.
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| (b) Any person whose license or privilege to operate a | 9 |
| motor vehicle
in this State has been suspended or revoked under | 10 |
| Section 3-707, any
provision of
Chapter 6, Chapter 11, or | 11 |
| Section 7-205, 7-303, or 7-702 of the Family
Financial
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| Responsibility Law of this Code, shall in addition to any other
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| fees required by this Code, pay a reinstatement fee as follows:
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| Suspension under Section 3-707 .....................
$100
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| Summary suspension under Section 11-501.1 | 16 |
| For a person opting-in to the MDDP .............$250
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| For a person opting-out of the MDDP ...........$1,000 | 18 |
| Other suspension .....................................$70
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| Revocation ..........................................$500
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| However, any person whose license or privilege to operate a | 21 |
| motor vehicle
in this State has been suspended or revoked for a | 22 |
| second or subsequent time
for a violation of Section 11-501 or | 23 |
| 11-501.1
of this Code or a similar provision of a local | 24 |
| ordinance
or a similar out-of-state offense
or Section 9-3 of | 25 |
| the Criminal Code of 1961
and each suspension or revocation was | 26 |
| for a violation of Section 11-501 or
11-501.1 of this Code or a |
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| similar provision of a local ordinance
or a similar | 2 |
| out-of-state offense
or Section
9-3 of the Criminal Code of | 3 |
| 1961
shall pay, in addition to any other
fees required by this | 4 |
| Code, a
reinstatement
fee as follows:
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| Summary suspension under Section 11-501.1 ...........$500
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| Revocation ..........................................$500
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| (c) All fees collected under the provisions of this Chapter | 8 |
| 6 shall be
paid into the Road Fund in the State Treasury except | 9 |
| as follows:
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| 1. The following amounts shall be paid into the Driver | 11 |
| Education Fund:
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| (A) $16 of the $20
fee for an original driver's | 13 |
| instruction permit;
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| (B) $5 of the $30 fee for an original driver's | 15 |
| license;
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| (C) $5 of the $30 fee for a 4 year renewal driver's | 17 |
| license;
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| (D) $4 of the $8 fee for a restricted driving | 19 |
| permit; and
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| (E) $4 of the $8 fee for a monitoring device | 21 |
| driving permit.
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| 2. $30 of the $250 fee for reinstatement of a
license
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| summarily suspended under Section 11-501.1 shall be | 24 |
| deposited into the
Drunk and Drugged Driving Prevention | 25 |
| Fund.
$750 of the $1,000 reinstatement fee for a person | 26 |
| opting out of the MDDP shall be deposited into the Indigent |
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| BAIID Fund. However, for a person whose license or | 2 |
| privilege to operate a motor vehicle
in this State has been | 3 |
| suspended or revoked for a second or subsequent time for
a | 4 |
| violation of Section 11-501 or 11-501.1 of this Code or | 5 |
| Section 9-3 of the
Criminal Code of 1961,
$190 of the $500 | 6 |
| fee for reinstatement of a license summarily
suspended | 7 |
| under
Section 11-501.1,
and $190 of the $500 fee for | 8 |
| reinstatement of a revoked license
shall be deposited into | 9 |
| the Drunk and Drugged Driving Prevention Fund.
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| 3. $6 of such original or renewal fee for a commercial | 11 |
| driver's
license and $6 of the commercial driver | 12 |
| instruction permit fee when such
permit is issued to any | 13 |
| person holding a valid Illinois driver's license,
shall be | 14 |
| paid into the CDLIS/AAMVAnet Trust Fund.
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| 4. $30 of the $70 fee for reinstatement of a license | 16 |
| suspended
under the
Family
Financial Responsibility Law | 17 |
| shall be paid into the Family Responsibility
Fund.
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| 5. The $5 fee for each original or renewal M or L | 19 |
| endorsement shall be
deposited into the Cycle Rider Safety | 20 |
| Training Fund.
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| 6. $20 of any original or renewal fee for a commercial | 22 |
| driver's
license or commercial driver instruction permit | 23 |
| shall be paid into the Motor
Carrier Safety Inspection | 24 |
| Fund.
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| 7. The following amounts shall be paid into the General | 26 |
| Revenue Fund:
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| (A) $190 of the $250 reinstatement fee for a | 2 |
| summary suspension under
Section 11-501.1;
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| (B) $40 of the $70 reinstatement fee for any other | 4 |
| suspension provided
in subsection (b) of this Section; | 5 |
| and
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| (C) $440 of the $500 reinstatement fee for a first | 7 |
| offense revocation
and $310 of the $500 reinstatement | 8 |
| fee for a second or subsequent revocation.
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| (d) All of the proceeds of the additional fees imposed by | 10 |
| this amendatory Act of the 96th General Assembly shall be | 11 |
| deposited into the Capital Projects Fund. | 12 |
| (e) The additional fees imposed by this amendatory Act of | 13 |
| the 96th General Assembly shall become effective 90 days after | 14 |
| becoming law. | 15 |
| (Source: P.A. 95-855, eff. 1-1-09; 96-34, eff. 7-13-09; 96-38, | 16 |
| eff. 7-13-09.)
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| (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
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| Sec. 6-206.1. Monitoring Device Driving Permit. | 19 |
| Declaration of Policy. It is hereby declared a policy of the
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| State of Illinois that the driver who is impaired by alcohol, | 21 |
| other drug or
drugs, or intoxicating compound or compounds is a
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| threat to the public safety and welfare. Therefore, to
provide | 23 |
| a deterrent to such practice, a statutory summary driver's | 24 |
| license suspension is appropriate.
It is also recognized that | 25 |
| driving is a privilege and therefore, that the granting of |
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| driving privileges, in a manner consistent with public
safety, | 2 |
| is warranted during the period of suspension in the form of a | 3 |
| monitoring device driving permit. A person who drives and fails | 4 |
| to comply with the requirements of the monitoring device | 5 |
| driving permit commits a violation of Section 6-303 of this | 6 |
| Code.
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| The following procedures shall apply whenever
a first | 8 |
| offender is arrested for any offense as defined in Section | 9 |
| 11-501
or a similar provision of a local ordinance:
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| (a) Subsequent to a notification of a statutory summary | 11 |
| suspension of
driving privileges as provided in Section | 12 |
| 11-501.1, the court, after informing the first offender, as | 13 |
| defined in Section 11-500, that he or she must either elect to | 14 |
| opt-in or opt-out of his or her right to have a monitoring | 15 |
| device driving permit, hereinafter referred to as a MDDP, | 16 |
| issued, and of the obligations of the MDDP, shall forward the | 17 |
| written decision of the first offender to enter an order | 18 |
| directing the Secretary of State (hereinafter referred to as | 19 |
| the Secretary) to issue a MDDP to the offender, unless the | 20 |
| offender has opted, in writing, not to have a MDDP issued . | 21 |
| After opting-out opting out of having a MDDP issued, at any | 22 |
| time during the summary suspension, the offender may elect to | 23 |
| opt-in, in writing, by requesting that the court forward | 24 |
| written notice of the offender's decision to the Secretary of | 25 |
| State, in a form prescribed by the Secretary of State, | 26 |
| requesting petition the court for an order directing the |
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| Secretary to issue a MDDP. However, the court shall not allow | 2 |
| an offender to opt-in to having enter the order directing the | 3 |
| Secretary to issue the MDDP, in any instance, if the court | 4 |
| finds:
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| (1) The offender's driver's license is otherwise | 6 |
| invalid; | 7 |
| (2) Death or great bodily harm resulted from the arrest | 8 |
| for Section 11-501; | 9 |
| (3) That the offender has been previously convicted of | 10 |
| reckless homicide or aggravated driving under the | 11 |
| influence involving death; or | 12 |
| (4) That the offender is less than 18 years of age. | 13 |
| Any court order for a MDDP shall order the person issued a | 14 |
| MDDP is required to pay the Secretary a MDDP Administration Fee | 15 |
| in an amount not to exceed $30 per month, to be deposited into | 16 |
| the Monitoring Device Driving Permit Administration Fee Fund. | 17 |
| The Secretary shall establish by rule the amount and the | 18 |
| procedures, terms, and conditions relating to these fees. The | 19 |
| The order shall further specify that the offender must have an | 20 |
| ignition interlock device installed within 14 days of the date | 21 |
| the Secretary issues the MDDP. The ignition interlock device | 22 |
| provider must notify the Secretary, in a manner and form | 23 |
| prescribed by the Secretary, of the installation. If the | 24 |
| Secretary does not receive notice of installation, the | 25 |
| Secretary shall cancel the MDDP.
The Secretary shall allow the | 26 |
| person to pay any initial ignition interlock device setup or |
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| installation fees in equal monthly installments or any other | 2 |
| alternative payment system so long as all such fees are paid | 3 |
| prior to the person's full driving privileges being reinstated. | 4 |
| The person must continue to drive under the MDDP until all | 5 |
| required fees related to the MDDP are paid in full. | 6 |
| A MDDP shall not become effective prior to the 31st
day of | 7 |
| the original statutory summary suspension.
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| (a-1) A person issued a MDDP may drive for any purpose and | 9 |
| at any time, subject to the rules adopted by the Secretary | 10 |
| under subsection (g). The person must, at his or her own | 11 |
| expense, drive only vehicles equipped with an ignition | 12 |
| interlock device as defined in Section 1-129.1, but in no event | 13 |
| shall such person drive a commercial motor vehicle. | 14 |
| (a-2) Persons who are issued a MDDP and must drive | 15 |
| employer-owned vehicles in the course of their employment | 16 |
| duties may seek permission to drive an employer-owned vehicle | 17 |
| that does not have an ignition interlock device. The employer | 18 |
| shall provide to the Secretary a form, as prescribed by the | 19 |
| Secretary, completed by the employer verifying that the | 20 |
| employee must drive an employer-owned vehicle in the course of | 21 |
| employment. If approved by the Secretary, the form must be in | 22 |
| the driver's possession while operating an employer-owner | 23 |
| vehicle not equipped with an ignition interlock device. No | 24 |
| person may use this exemption to drive a school bus, school | 25 |
| vehicle, or a vehicle designed to transport more than 15 | 26 |
| passengers. No person may use this exemption to drive an |
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| employer-owned motor vehicle that is owned by an entity that is | 2 |
| wholly or partially owned by the person holding the MDDP, or by | 3 |
| a family member of the person holding the MDDP. No person may | 4 |
| use this exemption to drive an employer-owned vehicle that is | 5 |
| made available to the employee for personal use. No person may | 6 |
| drive the exempted vehicle more than 12 hours per day, 6 days | 7 |
| per week.
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| (a-3) Persons who are issued a MDDP and who must drive a | 9 |
| farm tractor to and from a farm, within 50 air miles from the | 10 |
| originating farm, are exempt from installation of a BAIID on | 11 |
| the farm tractor so long as the farm tractor is being used for | 12 |
| the exclusive purpose of conducting farm operations. | 13 |
| (b) (Blank).
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| (c) (Blank).
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| (c-1) If the holder of the MDDP is convicted of or receives | 16 |
| court supervision for a violation of Section 6-206.2, 6-303, | 17 |
| 11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar | 18 |
| provision of a local ordinance or a similar out-of-state | 19 |
| offense or is convicted of or receives court supervision for | 20 |
| any offense for which alcohol or drugs is an element of the | 21 |
| offense and in which a motor vehicle was involved (for an | 22 |
| arrest other than the one for which the MDDP is issued), or | 23 |
| de-installs the BAIID without prior authorization from the | 24 |
| Secretary, the MDDP shall be cancelled.
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| (c-5) If the court determines that the person seeking the | 26 |
| MDDP is indigent, the court shall provide the person with a |
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| written document, in a form prescribed by the Secretary, as | 2 |
| evidence of that determination, and the person shall provide | 3 |
| that written document to an ignition interlock device provider. | 4 |
| The provider shall install an ignition interlock device on that | 5 |
| person's vehicle without charge to the person, and seek | 6 |
| reimbursement from the Indigent BAIID Fund.
If the court has | 7 |
| deemed an offender indigent, the BAIID provider shall also | 8 |
| provide the normal monthly monitoring services and the | 9 |
| de-installation without charge to the offender and seek | 10 |
| reimbursement from the Indigent BAIID Fund. Any other monetary | 11 |
| charges, such as a lockout fee or reset fee, shall be the | 12 |
| responsibility of the MDDP holder. A BAIID provider may not | 13 |
| seek a security deposit from the Indigent BAIID Fund. The court | 14 |
| shall also forward a copy of the indigent determination to the | 15 |
| Secretary, in a manner and form as prescribed by the Secretary. | 16 |
| (d) The Secretary shall, upon receiving written notice from | 17 |
| the a court of the person's decision to opt-in order , issue a | 18 |
| MDDP to a person who applies for a MDDP under this
Section. | 19 |
| Such written notice court order shall contain the name, | 20 |
| driver's
license number, and legal address of the applicant. | 21 |
| This information
shall be available only to the courts, police | 22 |
| officers, and the Secretary, except during the actual period | 23 |
| the MDDP is valid, during which
time it shall be a public | 24 |
| record. The Secretary shall design and
furnish to the courts an | 25 |
| official opt-in and opt-out forms court order form to be used | 26 |
| by the courts
when forwarding written notice of the person's |
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| decision opt-in or opt-out to have directing the Secretary to | 2 |
| issue a MDDP.
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| Any submitted written notice court order that contains | 4 |
| insufficient data or fails to
comply with this Code shall not | 5 |
| be utilized for MDDP issuance or entered to
the driver record | 6 |
| but shall be returned to the issuing court indicating why
the | 7 |
| MDDP cannot be so entered. A notice of this action shall also | 8 |
| be sent
to the MDDP applicant by the Secretary.
| 9 |
| (e) (Blank).
| 10 |
| (f) (Blank).
| 11 |
| (g) The Secretary shall adopt rules for implementing this | 12 |
| Section. The rules adopted shall address issues including, but | 13 |
| not limited to: compliance with the requirements of the MDDP; | 14 |
| methods for determining compliance with those requirements; | 15 |
| the consequences of noncompliance with those requirements; | 16 |
| what constitutes a violation of the MDDP; and the duties of a | 17 |
| person or entity that supplies the ignition interlock device. | 18 |
| (h) The rules adopted under subsection (g) shall provide, | 19 |
| at a minimum, that the person is not in compliance with the | 20 |
| requirements of the MDDP if he or she: | 21 |
| (1) tampers or attempts to tamper with or circumvent | 22 |
| the proper operation of the ignition interlock device; | 23 |
| (2) provides valid breath samples that register blood | 24 |
| alcohol levels in excess of the number of times allowed | 25 |
| under the rules; | 26 |
| (3) fails to provide evidence sufficient to satisfy the |
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| Secretary that the ignition interlock device has been | 2 |
| installed in the designated vehicle or vehicles; or | 3 |
| (4) fails to follow any other applicable rules adopted | 4 |
| by the Secretary. | 5 |
| (i) Any person or entity that supplies an ignition | 6 |
| interlock device as provided under this Section shall, in | 7 |
| addition to supplying only those devices which fully comply | 8 |
| with all the rules adopted under subsection (g), provide the | 9 |
| Secretary, within 7 days of inspection, all monitoring reports | 10 |
| of each person who has had an ignition interlock device | 11 |
| installed. These reports shall be furnished in a manner or form | 12 |
| as prescribed by the Secretary. | 13 |
| (j) Upon making a determination that a violation of the | 14 |
| requirements of the MDDP has occurred, the Secretary shall | 15 |
| extend the summary suspension period for an additional 3 months | 16 |
| beyond the originally imposed summary suspension period, | 17 |
| during which time the person shall only be allowed to drive | 18 |
| vehicles equipped with an ignition interlock device; provided | 19 |
| further there are no limitations on the total number of times | 20 |
| the summary suspension may be extended. The Secretary may, | 21 |
| however, limit the number of extensions imposed for violations | 22 |
| occurring during any one monitoring period, as set forth by | 23 |
| rule. Any person whose summary suspension is extended pursuant | 24 |
| to this Section shall have the right to contest the extension | 25 |
| through a hearing with the Secretary, pursuant to Section 2-118 | 26 |
| of this Code. If the summary suspension has already terminated |
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| prior to the Secretary receiving the monitoring report that | 2 |
| shows a violation, the Secretary shall be authorized to suspend | 3 |
| the person's driving privileges for 3 months, provided that the | 4 |
| Secretary may, by rule, limit the number of suspensions to be | 5 |
| entered pursuant to this paragraph for violations occurring | 6 |
| during any one monitoring period. Any person whose license is | 7 |
| suspended pursuant to this paragraph, after the summary | 8 |
| suspension had already terminated, shall have the right to | 9 |
| contest the suspension through a hearing with the Secretary, | 10 |
| pursuant to Section 2-118 of this Code. The only permit the | 11 |
| person shall be eligible for during this new suspension period | 12 |
| is a MDDP. | 13 |
| (k) A person who has had his or her summary suspension | 14 |
| extended for the third time, or has any combination of 3 | 15 |
| extensions and new suspensions, entered as a result of a | 16 |
| violation that occurred while holding the MDDP, so long as the | 17 |
| extensions and new suspensions relate to the same summary | 18 |
| suspension, shall have his or her vehicle impounded for a | 19 |
| period of 30 days, at the person's own expense. A person who | 20 |
| has his or her summary suspension extended for the fourth time, | 21 |
| or has any combination of 4 extensions and new suspensions, | 22 |
| entered as a result of a violation that occurred while holding | 23 |
| the MDDP, so long as the extensions and new suspensions relate | 24 |
| to the same summary suspension, shall have his or her vehicle | 25 |
| subject to seizure and forfeiture. The Secretary shall notify | 26 |
| the prosecuting authority of any third or fourth extensions or |
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| new suspension entered as a result of a violation that occurred | 2 |
| while the person held a MDDP. Upon receipt of the notification, | 3 |
| the prosecuting authority shall impound or forfeit the vehicle. | 4 |
| (l) A person whose driving privileges have been suspended | 5 |
| under Section 11-501.1 of this Code and who had a MDDP that was | 6 |
| cancelled, or would have been cancelled had notification of a | 7 |
| violation been received prior to expiration of the MDDP, | 8 |
| pursuant to subsection (c-1) of this Section, shall not be | 9 |
| eligible for reinstatement when the summary suspension is | 10 |
| scheduled to terminate. Instead, the person's driving | 11 |
| privileges shall be suspended for a period of not less than | 12 |
| twice the original summary suspension period, or for the length | 13 |
| of any extensions entered under subsection (j), whichever is | 14 |
| longer. During the period of suspension, the person shall be | 15 |
| eligible only to apply for a restricted driving permit. If a | 16 |
| restricted driving permit is granted, the offender may only | 17 |
| operate vehicles equipped with a BAIID in accordance with this | 18 |
| Section. | 19 |
| (m) Any person or entity that supplies an ignition | 20 |
| interlock device under this Section shall, for each ignition | 21 |
| interlock device installed, pay 5% of the total gross revenue | 22 |
| received for the device, including monthly monitoring fees, | 23 |
| into the Indigent BAIID Fund. This 5% shall be clearly | 24 |
| indicated as a separate surcharge on each invoice that is | 25 |
| issued. The Secretary shall conduct an annual review of the | 26 |
| fund to determine whether the surcharge is sufficient to |
|
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| provide for indigent users. The Secretary may increase or | 2 |
| decrease this surcharge requirement as needed. | 3 |
| (n) Any person or entity that supplies an ignition | 4 |
| interlock device under this Section that is requested to | 5 |
| provide an ignition interlock device to a person who presents | 6 |
| written documentation of indigency from the court, as provided | 7 |
| in subsection (c-5) of this Section, shall install the device | 8 |
| on the person's vehicle without charge to the person and shall | 9 |
| seek reimbursement from the Indigent BAIID Fund. | 10 |
| (o) The Indigent BAIID Fund is created as a special fund in | 11 |
| the State treasury. The Secretary shall, subject to | 12 |
| appropriation by the General Assembly, use all money in the | 13 |
| Indigent BAIID Fund to reimburse ignition interlock device | 14 |
| providers who have installed devices in vehicles of indigent | 15 |
| persons pursuant to court orders issued under this Section. The | 16 |
| Secretary shall make payments to such providers every 3 months. | 17 |
| If the amount of money in the fund at the time payments are | 18 |
| made is not sufficient to pay all requests for reimbursement | 19 |
| submitted during that 3 month period, the Secretary shall make | 20 |
| payments on a pro-rata basis, and those payments shall be | 21 |
| considered payment in full for the requests submitted. | 22 |
| (p) The Monitoring Device Driving Permit Administration | 23 |
| Fee Fund is created as a special fund in the State treasury. | 24 |
| The Secretary shall, subject to appropriation by the General | 25 |
| Assembly, use the money paid into this fund to offset its | 26 |
| administrative costs for administering MDDPs.
|
|
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| 1 |
| (Source: P.A. 95-400, eff. 1-1-09; 95-578, eff. 1-1-09; 95-855, | 2 |
| eff. 1-1-09; 95-876, eff. 8-21-08; 96-184, eff. 8-10-09.)
| 3 |
| (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
| 4 |
| Sec. 6-208.1. Period of statutory summary alcohol, other | 5 |
| drug,
or intoxicating compound related suspension. | 6 |
| (a) Unless the statutory summary suspension has been | 7 |
| rescinded, any
person whose privilege to drive a motor vehicle | 8 |
| on the public highways has
been summarily suspended, pursuant | 9 |
| to Section 11-501.1, shall not be
eligible for restoration of | 10 |
| the privilege until the expiration of:
| 11 |
| 1. Twelve months from the effective date of the | 12 |
| statutory summary suspension
for a refusal or failure to | 13 |
| complete a test or tests to determine the
alcohol, drug, or | 14 |
| intoxicating compound concentration, pursuant
to
Section | 15 |
| 11-501.1; or
| 16 |
| 2. Six months from the effective date of the statutory | 17 |
| summary
suspension imposed following the person's | 18 |
| submission to a chemical test
which disclosed an alcohol | 19 |
| concentration of 0.08 or more, or any
amount
of a
drug, | 20 |
| substance, or intoxicating compound in such person's
| 21 |
| breath, blood, or
urine resulting
from the unlawful use or | 22 |
| consumption of cannabis listed in the Cannabis
Control Act, | 23 |
| a controlled substance listed in the Illinois
Controlled
| 24 |
| Substances Act, an intoxicating compound listed in the Use | 25 |
| of Intoxicating
Compounds Act, or methamphetamine as |
|
|
|
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| 1 |
| listed in the Methamphetamine Control and Community | 2 |
| Protection Act, pursuant to Section 11-501.1; or
| 3 |
| 3. Three years from the effective date of the statutory | 4 |
| summary suspension
for any person other than a first | 5 |
| offender who refuses or fails to
complete a test or tests | 6 |
| to determine the alcohol, drug, or
intoxicating
compound | 7 |
| concentration
pursuant to Section 11-501.1; or
| 8 |
| 4. One year from the effective date of the summary | 9 |
| suspension imposed
for any person other than a first | 10 |
| offender following submission to a
chemical test which | 11 |
| disclosed an alcohol concentration of 0.08 or
more
pursuant | 12 |
| to Section 11-501.1 or any amount of a drug, substance or
| 13 |
| compound in such person's blood or urine resulting from the | 14 |
| unlawful use or
consumption of cannabis listed in the | 15 |
| Cannabis Control Act, a
controlled
substance listed in the | 16 |
| Illinois Controlled Substances Act, an
intoxicating
| 17 |
| compound listed in the Use of Intoxicating Compounds Act, | 18 |
| or methamphetamine as listed in the Methamphetamine | 19 |
| Control and Community Protection Act.
| 20 |
| (b) Following a statutory summary suspension of the | 21 |
| privilege to drive a
motor vehicle under Section 11-501.1, | 22 |
| driving privileges shall be
restored unless the person is | 23 |
| otherwise suspended, revoked, or cancelled by this Code. If
the | 24 |
| court has reason to believe that the person's
driving privilege | 25 |
| should not be restored, the court shall notify
the Secretary of | 26 |
| State prior to the expiration of the statutory summary
|
|
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| 1 |
| suspension so appropriate action may be taken pursuant to this | 2 |
| Code.
| 3 |
| (c) Driving privileges may not be restored until all | 4 |
| applicable
reinstatement fees, as provided by this Code, have | 5 |
| been paid to the Secretary
of State and the appropriate entry | 6 |
| made to the driver's record.
| 7 |
| (d) Where a driving privilege has been summarily suspended | 8 |
| under Section
11-501.1 and the person is subsequently convicted | 9 |
| of violating Section
11-501, or a similar provision of a local | 10 |
| ordinance, for the same incident,
any period served on | 11 |
| statutory summary suspension shall be credited toward
the | 12 |
| minimum period of revocation of driving privileges imposed | 13 |
| pursuant to
Section 6-205.
| 14 |
| (e) Following a statutory summary suspension of driving | 15 |
| privileges
pursuant to Section 11-501.1, for a first offender, | 16 |
| the circuit court shall inform the first offender that he or | 17 |
| she must either elect to opt-in by sending written notice to | 18 |
| the Secretary of State, in a form prescribed by the Secretary | 19 |
| of State, to have , unless the offender has opted in writing not | 20 |
| to have a monitoring device driving permit issued, order the | 21 |
| Secretary of State to issue a monitoring device driving permit , | 22 |
| as provided in Section 6-206.1 , or opt-out of the monitoring | 23 |
| device driving permit by sending written notice to the | 24 |
| Secretary of State in a form prescribed by the Secretary of | 25 |
| State. The circuit court shall inform the first offender of all | 26 |
| costs associated with either opting-in or opting-out of the |
|
|
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| 1 |
| monitoring device driving permit, including, but not limited | 2 |
| to, BAIID installation fees, monthly MDDP Administration Fees, | 3 |
| as provided by Section 6-206.1, and license reinstatement fees | 4 |
| after a summary suspension under Section 11-501.1, as provided | 5 |
| by Section 6-118 . A monitoring device driving permit shall not | 6 |
| be effective prior to the 31st day of the statutory summary | 7 |
| suspension.
| 8 |
| (f) (Blank).
| 9 |
| (g) 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, the | 12 |
| Secretary of State may not issue a
restricted driving permit.
| 13 |
| (h) (Blank).
| 14 |
| (Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876, | 15 |
| eff. 8-21-08.)
| 16 |
| Section 99. Effective date. This Act takes effect January | 17 |
| 1, 2011".
|
|