Full Text of HB3298 96th General Assembly
HB3298 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3298
Introduced 2/24/2009, by Rep. Tom Cross SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-208.1 |
from Ch. 95 1/2, par. 6-208.1 |
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Amends the Illinois Vehicle Code. Makes a technical change in a Section
concerning statutory summary suspensions.
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A BILL FOR
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HB3298 |
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LRB096 08608 AJT 18731 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 6-208.1 as follows:
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| (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
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| Sec. 6-208.1. Period of statutory summary alcohol, other | 8 |
| drug,
or intoxicating compound related suspension. | 9 |
| (a) Unless the
the statutory summary suspension has been | 10 |
| rescinded, any
person whose privilege to drive a motor vehicle | 11 |
| on the public highways has
been summarily suspended, pursuant | 12 |
| to Section 11-501.1, shall not be
eligible for restoration of | 13 |
| the privilege until the expiration of:
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| 1. Twelve months from the effective date of the | 15 |
| statutory summary suspension
for a refusal or failure to | 16 |
| complete a test or tests to determine the
alcohol, drug, or | 17 |
| intoxicating compound concentration, pursuant
to
Section | 18 |
| 11-501.1; or
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| 2. Six months from the effective date of the statutory | 20 |
| summary
suspension imposed following the person's | 21 |
| submission to a chemical test
which disclosed an alcohol | 22 |
| concentration of 0.08 or more, or any
amount
of a
drug, | 23 |
| substance, or intoxicating compound in such person's
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HB3298 |
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LRB096 08608 AJT 18731 b |
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| breath, blood, or
urine resulting
from the unlawful use or | 2 |
| consumption of cannabis listed in the Cannabis
Control Act, | 3 |
| a controlled substance listed in the Illinois
Controlled
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| Substances Act, an intoxicating compound listed in the Use | 5 |
| of Intoxicating
Compounds Act, or methamphetamine as | 6 |
| listed in the Methamphetamine Control and Community | 7 |
| Protection Act, pursuant to Section 11-501.1; or
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| 3. Three years from the effective date of the statutory | 9 |
| summary suspension
for any person other than a first | 10 |
| offender who refuses or fails to
complete a test or tests | 11 |
| to determine the alcohol, drug, or
intoxicating
compound | 12 |
| concentration
pursuant to Section 11-501.1; or
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| 4. One year from the effective date of the summary | 14 |
| suspension imposed
for any person other than a first | 15 |
| offender following submission to a
chemical test which | 16 |
| disclosed an alcohol concentration of 0.08 or
more
pursuant | 17 |
| to Section 11-501.1 or any amount of a drug, substance or
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| compound in such person's blood or urine resulting from the | 19 |
| unlawful use or
consumption of cannabis listed in the | 20 |
| Cannabis Control Act, a
controlled
substance listed in the | 21 |
| Illinois Controlled Substances Act, an
intoxicating
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| compound listed in the Use of Intoxicating Compounds Act, | 23 |
| or methamphetamine as listed in the Methamphetamine | 24 |
| Control and Community Protection Act.
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| (b) Following a statutory summary suspension of the | 26 |
| privilege to drive a
motor vehicle under Section 11-501.1, |
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HB3298 |
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LRB096 08608 AJT 18731 b |
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| driving privileges shall be
restored unless the person is | 2 |
| otherwise suspended, revoked, or cancelled by this Code. If
the | 3 |
| court has reason to believe that the person's
driving privilege | 4 |
| should not be restored, the court shall notify
the Secretary of | 5 |
| State prior to the expiration of the statutory summary
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| suspension so appropriate action may be taken pursuant to this | 7 |
| Code.
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| (c) Driving privileges may not be restored until all | 9 |
| applicable
reinstatement fees, as provided by this Code, have | 10 |
| been paid to the Secretary
of State and the appropriate entry | 11 |
| made to the driver's record.
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| (d) Where a driving privilege has been summarily suspended | 13 |
| under Section
11-501.1 and the person is subsequently convicted | 14 |
| of violating Section
11-501, or a similar provision of a local | 15 |
| ordinance, for the same incident,
any period served on | 16 |
| statutory summary suspension shall be credited toward
the | 17 |
| minimum period of revocation of driving privileges imposed | 18 |
| pursuant to
Section 6-205.
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| (e) Following a statutory summary suspension of driving | 20 |
| privileges
pursuant to Section 11-501.1, for a first offender, | 21 |
| the circuit court shall, unless the offender has opted in | 22 |
| writing not to have a monitoring device driving permit issued, | 23 |
| order the Secretary of State to issue a monitoring device | 24 |
| driving permit as provided in Section 6-206.1. A monitoring | 25 |
| device driving permit shall not be effective prior to the 31st | 26 |
| day of the statutory summary suspension.
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HB3298 |
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LRB096 08608 AJT 18731 b |
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| (f) (Blank).
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| (g) Following a statutory summary suspension of driving | 3 |
| privileges
pursuant to Section 11-501.1 where the person was | 4 |
| not a first offender, as
defined in Section 11-500, the | 5 |
| Secretary of State may not issue a
restricted driving permit.
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| (h) (Blank).
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| (Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876, | 8 |
| eff. 8-21-08.) |
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