Full Text of SB3775 96th General Assembly
SB3775sam002 96TH GENERAL ASSEMBLY
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Sen. A. J. Wilhelmi
Filed: 4/23/2010
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09600SB3775sam002 |
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LRB096 18655 AJT 39843 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, 6-206.1, and 6-208.1 as follows:
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| (625 ILCS 5/1-129.1)
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| Sec. 1-129.1. Ignition interlock device , breath alcohol | 8 |
| ignition interlock device (BAIID) . A device installed in a | 9 |
| motor
vehicle that prevents the vehicle from starting until the | 10 |
| device has determined
by an analysis of the driver's breath | 11 |
| that the driver's breath blood alcohol is below
a certain | 12 |
| preset level.
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| (Source: P.A. 91-127, eff. 1-1-00.)
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| (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1) | 15 |
| Sec. 6-206.1. Monitoring Device Driving Permit. |
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| 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, | 3 |
| 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 | 5 |
| a deterrent to such practice, a statutory summary driver's | 6 |
| license suspension is appropriate.
It is also recognized that | 7 |
| driving is a privilege and therefore, that the granting of | 8 |
| driving privileges, in a manner consistent with public
safety, | 9 |
| is warranted during the period of suspension in the form of a | 10 |
| monitoring device driving permit. A person who drives and fails | 11 |
| to comply with the requirements of the monitoring device | 12 |
| driving permit commits a violation of Section 6-303 of this | 13 |
| Code. | 14 |
| The following procedures shall apply whenever
a first | 15 |
| offender , as defined in Section 11-500 of this Code, is | 16 |
| arrested for any offense as defined in Section 11-501
or a | 17 |
| similar provision of a local ordinance and is subject to the | 18 |
| provisions of Section 11-501.1 : | 19 |
| (a) Upon mailing of the notice of suspension of driving | 20 |
| privileges as provided in subsection (h) of Section 11-501.1 of | 21 |
| this Code, the Secretary shall also send written notice | 22 |
| informing the person that he or she will be issued a monitoring | 23 |
| device driving permit (MDDP). The notice shall include, at | 24 |
| minimum, information summarizing the procedure to be followed | 25 |
| for issuance of the MDDP, installation of the breath alcohol | 26 |
| ignition installation device (BAIID), as provided in this |
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| Section, exemption from BAIID installation requirements, and | 2 |
| procedures to be followed by those seeking indigent status, as | 3 |
| provided in this Section. The notice shall also include | 4 |
| information summarizing the procedure to be followed if the | 5 |
| person wishes to decline issuance of the MDDP. A copy of the | 6 |
| notice shall also be sent to the court of venue together with | 7 |
| the notice of suspension of driving privileges, as provided in | 8 |
| subsection (h) of Section 11-501. However, a MPPD shall not be | 9 |
| issued if the Secretary finds that: Subsequent to a | 10 |
| notification of a statutory summary suspension of
driving | 11 |
| privileges as provided in Section 11-501.1, the court, after | 12 |
| informing the first offender, as defined in Section 11-500, of | 13 |
| his or her right to a monitoring device driving permit, | 14 |
| hereinafter referred to as a MDDP, and of the obligations of | 15 |
| the MDDP, shall enter an order directing the Secretary of State | 16 |
| (hereinafter referred to as the Secretary) to issue a MDDP to | 17 |
| the offender, unless the offender has opted, in writing, not to | 18 |
| have a MDDP issued. After opting out of having a MDDP issued, | 19 |
| at any time during the summary suspension, the offender may | 20 |
| petition the court for an order directing the Secretary to | 21 |
| issue a MDDP. However, the court shall not enter the order | 22 |
| directing the Secretary to issue the MDDP, in any instance, if | 23 |
| the court finds:
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| (1) The offender's driver's license is otherwise | 25 |
| invalid; | 26 |
| (2) Death or great bodily harm resulted from the arrest |
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| for Section 11-501; | 2 |
| (3) The That the offender has been previously convicted | 3 |
| of reckless homicide or aggravated driving under the | 4 |
| influence involving death; or | 5 |
| (4) The That the offender is less than 18 years of age. | 6 |
| Any offender participating in the MDDP program must Any | 7 |
| court order for a MDDP shall order the person to pay the | 8 |
| Secretary a MDDP Administration Fee in an amount not to exceed | 9 |
| $30 per month, to be deposited into the Monitoring Device | 10 |
| Driving Permit Administration Fee Fund. The Secretary shall | 11 |
| establish by rule the amount and the procedures, terms, and | 12 |
| conditions relating to these fees. The The order shall further | 13 |
| specify that the offender must have an ignition interlock | 14 |
| device installed within 14 days of the date the Secretary | 15 |
| issues the MDDP. The ignition interlock device provider must | 16 |
| notify the Secretary, in a manner and form prescribed by the | 17 |
| Secretary, of the installation. If the Secretary does not | 18 |
| receive notice of installation, the Secretary shall cancel the | 19 |
| MDDP.
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| A MDDP shall not become effective prior to the 31st
day of | 21 |
| the original statutory summary suspension. | 22 |
| Upon receipt of the notice, as provided in paragraph (a) of | 23 |
| this Section, the person may file a petition to decline | 24 |
| issuance of the MDDP with the court of venue. The court shall | 25 |
| admonish the offender of all consequences of declining issuance | 26 |
| of the MPPD including, but not limited to, the enhanced |
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| penalties for driving while suspended. After being so | 2 |
| admonished, the offender shall be permitted, in writing, to | 3 |
| execute a notice declining issuance of the MDDP. This notice | 4 |
| shall be filed with the court and forwarded by the clerk of the | 5 |
| court to the Secretary. The offender may, at any time | 6 |
| thereafter, apply to the Secretary of issuance of a MDDP. | 7 |
| (a-1) A person issued a MDDP may drive for any purpose and | 8 |
| at any time, subject to the rules adopted by the Secretary | 9 |
| under subsection (g). The person must, at his or her own | 10 |
| expense, drive only vehicles equipped with an ignition | 11 |
| interlock device as defined in Section 1-129.1, but in no event | 12 |
| shall such person drive a commercial motor vehicle. | 13 |
| (a-2) Persons who are issued a MDDP and must drive | 14 |
| employer-owned vehicles in the course of their employment | 15 |
| duties may seek permission to drive an employer-owned vehicle | 16 |
| that does not have an ignition interlock device. The employer | 17 |
| shall provide to the Secretary a form, as prescribed by the | 18 |
| Secretary, completed by the employer verifying that the | 19 |
| employee must drive an employer-owned vehicle in the course of | 20 |
| employment. If approved by the Secretary, the form must be in | 21 |
| the driver's possession while operating an employer-owner | 22 |
| vehicle not equipped with an ignition interlock device. No | 23 |
| person may use this exemption to drive a school bus, school | 24 |
| vehicle, or a vehicle designed to transport more than 15 | 25 |
| passengers. No person may use this exemption to drive an | 26 |
| employer-owned motor vehicle that is owned by an entity that is |
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| wholly or partially owned by the person holding the MDDP, or by | 2 |
| a family member of the person holding the MDDP. No person may | 3 |
| use this exemption to drive an employer-owned vehicle that is | 4 |
| made available to the employee for personal use. No person may | 5 |
| drive the exempted vehicle more than 12 hours per day, 6 days | 6 |
| per week.
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| (a-3) Persons who are issued a MDDP and who must drive a | 8 |
| farm tractor to and from a farm, within 50 air miles from the | 9 |
| originating farm are exempt from installation of a BAIID on the | 10 |
| farm tractor, so long as the farm tractor is being used for the | 11 |
| exclusive purpose of conducting farm operations. | 12 |
| (b) (Blank). | 13 |
| (c) (Blank).
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| (c-1) If the holder of the MDDP is convicted of or receives | 15 |
| court supervision for a violation of Section 6-206.2, 6-303, | 16 |
| 11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar | 17 |
| provision of a local ordinance or a similar out-of-state | 18 |
| offense or is convicted of or receives court supervision for | 19 |
| any offense for which alcohol or drugs is an element of the | 20 |
| offense and in which a motor vehicle was involved (for an | 21 |
| arrest other than the one for which the MDDP is issued), or | 22 |
| de-installs the BAIID without prior authorization from the | 23 |
| Secretary, the MDDP shall be cancelled. | 24 |
| (c-5) If the Secretary court determines that the person | 25 |
| seeking the MDDP is indigent, the Secretary court shall provide | 26 |
| the person with a written document , in a form prescribed by the |
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| Secretary, as evidence of that determination, and the person | 2 |
| shall provide that written document to an ignition interlock | 3 |
| device provider. The provider shall install an ignition | 4 |
| interlock device on that person's vehicle without charge to the | 5 |
| person, and seek reimbursement from the Indigent BAIID Fund.
If | 6 |
| the Secretary court has deemed an offender indigent, the BAIID | 7 |
| provider shall also provide the normal monthly monitoring | 8 |
| services and the de-installation without charge to the offender | 9 |
| and seek reimbursement from the Indigent BAIID Fund. Any other | 10 |
| monetary charges, such as a lockout fee or reset fee, shall be | 11 |
| the responsibility of the MDDP holder. A BAIID provider may not | 12 |
| seek a security deposit from the Indigent BAIID Fund. The court | 13 |
| shall also forward a copy of the indigent determination to the | 14 |
| Secretary, in a manner and form as prescribed by the Secretary. | 15 |
| (d) MDDP The Secretary shall, upon receiving a court order, | 16 |
| issue a MDDP to a person who applies for a MDDP under this
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| Section. Such court order shall contain the name, driver's
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| license number, and legal address of the applicant. This | 19 |
| information
shall be available only to the courts, police | 20 |
| officers, and the Secretary, except during the actual period | 21 |
| the MDDP is valid, during which
time it shall be a public | 22 |
| record. The Secretary shall design and
furnish to the courts an | 23 |
| official court order form to be used by the courts
when | 24 |
| directing the Secretary to issue a MDDP. | 25 |
| Any submitted court order that contains insufficient data | 26 |
| or fails to
comply with this Code shall not be utilized for |
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| MDDP issuance or entered to
the driver record but shall be | 2 |
| returned to the issuing court indicating why
the MDDP cannot be | 3 |
| so entered. A notice of this action shall also be sent
to the | 4 |
| MDDP applicant by the Secretary. | 5 |
| (e) (Blank). | 6 |
| (f) (Blank). | 7 |
| (g) The Secretary shall adopt rules for implementing this | 8 |
| Section. The rules adopted shall address issues including, but | 9 |
| not limited to: compliance with the requirements of the MDDP; | 10 |
| methods for determining compliance with those requirements; | 11 |
| the consequences of noncompliance with those requirements; | 12 |
| what constitutes a violation of the MDDP; methods for | 13 |
| determining indigency; and the duties of a person or entity | 14 |
| that supplies the ignition interlock device. | 15 |
| (h) The rules adopted under subsection (g) shall provide, | 16 |
| at a minimum, that the person is not in compliance with the | 17 |
| requirements of the MDDP if he or she: | 18 |
| (1) tampers or attempts to tamper with or circumvent | 19 |
| the proper operation of the ignition interlock device; | 20 |
| (2) provides valid breath samples that register blood | 21 |
| alcohol levels in excess of the number of times allowed | 22 |
| under the rules; | 23 |
| (3) fails to provide evidence sufficient to satisfy the | 24 |
| Secretary that the ignition interlock device has been | 25 |
| installed in the designated vehicle or vehicles; or | 26 |
| (4) fails to follow any other applicable rules adopted |
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| by the Secretary. | 2 |
| (i) Any person or entity that supplies an ignition | 3 |
| interlock device as provided under this Section shall, in | 4 |
| addition to supplying only those devices which fully comply | 5 |
| with all the rules adopted under subsection (g), provide the | 6 |
| Secretary, within 7 days of inspection, all monitoring reports | 7 |
| of each person who has had an ignition interlock device | 8 |
| installed. These reports shall be furnished in a manner or form | 9 |
| as prescribed by the Secretary. | 10 |
| (j) Upon making a determination that a violation of the | 11 |
| requirements of the MDDP has occurred, the Secretary shall | 12 |
| extend the summary suspension period for an additional 3 months | 13 |
| beyond the originally imposed summary suspension period, | 14 |
| during which time the person shall only be allowed to drive | 15 |
| vehicles equipped with an ignition interlock device; provided | 16 |
| further there are no limitations on the total number of times | 17 |
| the summary suspension may be extended. The Secretary may, | 18 |
| however, limit the number of extensions imposed for violations | 19 |
| occurring during any one monitoring period, as set forth by | 20 |
| rule. Any person whose summary suspension is extended pursuant | 21 |
| to this Section shall have the right to contest the extension | 22 |
| through a hearing with the Secretary, pursuant to Section 2-118 | 23 |
| of this Code. If the summary suspension has already terminated | 24 |
| prior to the Secretary receiving the monitoring report that | 25 |
| shows a violation, the Secretary shall be authorized to suspend | 26 |
| the person's driving privileges for 3 months, provided that the |
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| Secretary may, by rule, limit the number of suspensions to be | 2 |
| entered pursuant to this paragraph for violations occurring | 3 |
| during any one monitoring period. Any person whose license is | 4 |
| suspended pursuant to this paragraph, after the summary | 5 |
| suspension had already terminated, shall have the right to | 6 |
| contest the suspension through a hearing with the Secretary, | 7 |
| pursuant to Section 2-118 of this Code. The only permit the | 8 |
| person shall be eligible for during this new suspension period | 9 |
| is a MDDP. | 10 |
| (k) A person who has had his or her summary suspension | 11 |
| extended for the third time, or has any combination of 3 | 12 |
| extensions and new suspensions, entered as a result of a | 13 |
| violation that occurred while holding the MDDP, so long as the | 14 |
| extensions and new suspensions relate to the same summary | 15 |
| suspension, shall have his or her vehicle impounded for a | 16 |
| period of 30 days, at the person's own expense. A person who | 17 |
| has his or her summary suspension extended for the fourth time, | 18 |
| or has any combination of 4 extensions and new suspensions, | 19 |
| entered as a result of a violation that occurred while holding | 20 |
| the MDDP, so long as the extensions and new suspensions relate | 21 |
| to the same summary suspension, shall have his or her vehicle | 22 |
| subject to seizure and forfeiture. The Secretary shall notify | 23 |
| the prosecuting authority of any third or fourth extensions or | 24 |
| new suspension entered as a result of a violation that occurred | 25 |
| while the person held a MDDP. Upon receipt of the notification, | 26 |
| the prosecuting authority shall impound or forfeit the vehicle. |
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| (l) A person whose driving privileges have been suspended | 2 |
| under Section 11-501.1 of this Code and who had a MDDP that was | 3 |
| cancelled, or would have been cancelled had notification of a | 4 |
| violation been received prior to expiration of the MDDP, | 5 |
| pursuant to subsection (c-1) of this Section, shall not be | 6 |
| eligible for reinstatement when the summary suspension is | 7 |
| scheduled to terminate. Instead, the person's driving | 8 |
| privileges shall be suspended for a period of not less than | 9 |
| twice the original summary suspension period, or for the length | 10 |
| of any extensions entered under subsection (j), whichever is | 11 |
| longer. During the period of suspension, the person shall be | 12 |
| eligible only to apply for a restricted driving permit. If a | 13 |
| restricted driving permit is granted, the offender may only | 14 |
| operate vehicles equipped with a BAIID in accordance with this | 15 |
| Section. | 16 |
| (m) Any person or entity that supplies an ignition | 17 |
| interlock device under this Section shall, for each ignition | 18 |
| interlock device installed, pay 5% of the total gross revenue | 19 |
| received for the device, including monthly monitoring fees, | 20 |
| into the Indigent BAIID Fund. This 5% shall be clearly | 21 |
| indicated as a separate surcharge on each invoice that is | 22 |
| issued. The Secretary shall conduct an annual review of the | 23 |
| fund to determine whether the surcharge is sufficient to | 24 |
| provide for indigent users. The Secretary may increase or | 25 |
| decrease this surcharge requirement as needed. | 26 |
| (n) Any person or entity that supplies an ignition |
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| interlock device under this Section that is requested to | 2 |
| provide an ignition interlock device to a person who presents | 3 |
| written documentation of indigency from the Secretary court , as | 4 |
| provided in subsection (c-5) of this Section, shall install the | 5 |
| device on the person's vehicle without charge to the person and | 6 |
| shall seek reimbursement from the Indigent BAIID Fund. | 7 |
| (o) The Indigent BAIID Fund is created as a special fund in | 8 |
| the State treasury. The Secretary shall, subject to | 9 |
| appropriation by the General Assembly, use all money in the | 10 |
| Indigent BAIID Fund to reimburse ignition interlock device | 11 |
| providers who have installed devices in vehicles of indigent | 12 |
| persons pursuant to court orders issued under this Section . The | 13 |
| Secretary shall make payments to such providers every 3 months. | 14 |
| If the amount of money in the fund at the time payments are | 15 |
| made is not sufficient to pay all requests for reimbursement | 16 |
| submitted during that 3 month period, the Secretary shall make | 17 |
| payments on a pro-rata basis, and those payments shall be | 18 |
| considered payment in full for the requests submitted. | 19 |
| (p) The Monitoring Device Driving Permit Administration | 20 |
| Fee Fund is created as a special fund in the State treasury. | 21 |
| The Secretary shall, subject to appropriation by the General | 22 |
| Assembly, use the money paid into this fund to offset its | 23 |
| administrative costs for administering MDDPs.
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| (q) The Secretary is authorized to prescribe such forms as | 25 |
| it deems necessary to carry out the provisions of this section. | 26 |
| (Source: P.A. 95-400, eff. 1-1-09; 95-578, eff. 1-1-09; 95-855, |
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| eff. 1-1-09; 95-876, eff. 8-21-08; 96-184, eff. 8-10-09.) | 2 |
| (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) | 3 |
| Sec. 6-208.1. Period of statutory summary alcohol, other | 4 |
| drug,
or intoxicating compound related suspension. | 5 |
| (a) Unless the statutory summary suspension has been | 6 |
| rescinded, any
person whose privilege to drive a motor vehicle | 7 |
| on the public highways has
been summarily suspended, pursuant | 8 |
| to Section 11-501.1, shall not be
eligible for restoration of | 9 |
| the privilege until the expiration of: | 10 |
| 1. Twelve months from the effective date of the | 11 |
| statutory summary suspension
for a refusal or failure to | 12 |
| complete a test or tests to determine the
alcohol, drug, or | 13 |
| intoxicating compound concentration, pursuant
to
Section | 14 |
| 11-501.1; or | 15 |
| 2. Six months from the effective date of the statutory | 16 |
| summary
suspension imposed following the person's | 17 |
| submission to a chemical test
which disclosed an alcohol | 18 |
| concentration of 0.08 or more, or any
amount
of a
drug, | 19 |
| substance, or intoxicating compound in such person's
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| breath, blood, or
urine resulting
from the unlawful use or | 21 |
| consumption of cannabis listed in the Cannabis
Control Act, | 22 |
| a controlled substance listed in the Illinois
Controlled
| 23 |
| Substances Act, an intoxicating compound listed in the Use | 24 |
| of Intoxicating
Compounds Act, or methamphetamine as | 25 |
| listed in the Methamphetamine Control and Community |
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| Protection Act, pursuant to Section 11-501.1; or | 2 |
| 3. Three years from the effective date of the statutory | 3 |
| summary suspension
for any person other than a first | 4 |
| offender who refuses or fails to
complete a test or tests | 5 |
| to determine the alcohol, drug, or
intoxicating
compound | 6 |
| concentration
pursuant to Section 11-501.1; or | 7 |
| 4. One year from the effective date of the summary | 8 |
| suspension imposed
for any person other than a first | 9 |
| offender following submission to a
chemical test which | 10 |
| disclosed an alcohol concentration of 0.08 or
more
pursuant | 11 |
| 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 | 13 |
| unlawful use or
consumption of cannabis listed in the | 14 |
| Cannabis Control Act, a
controlled
substance listed in the | 15 |
| Illinois Controlled Substances Act, an
intoxicating
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| compound listed in the Use of Intoxicating Compounds Act, | 17 |
| or methamphetamine as listed in the Methamphetamine | 18 |
| Control and Community Protection Act. | 19 |
| (b) Following a statutory summary suspension of the | 20 |
| privilege to drive a
motor vehicle under Section 11-501.1, | 21 |
| driving privileges shall be
restored unless the person is | 22 |
| otherwise suspended, revoked, or cancelled by this Code. If
the | 23 |
| court has reason to believe that the person's
driving privilege | 24 |
| should not be restored, the court shall notify
the Secretary of | 25 |
| State prior to the expiration of the statutory summary
| 26 |
| suspension so appropriate action may be taken pursuant to this |
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| Code. | 2 |
| (c) Driving privileges may not be restored until all | 3 |
| applicable
reinstatement fees, as provided by this Code, have | 4 |
| been paid to the Secretary
of State and the appropriate entry | 5 |
| made to the driver's record. | 6 |
| (d) Where a driving privilege has been summarily suspended | 7 |
| under Section
11-501.1 and the person is subsequently convicted | 8 |
| of violating Section
11-501, or a similar provision of a local | 9 |
| ordinance, for the same incident,
any period served on | 10 |
| statutory summary suspension shall be credited toward
the | 11 |
| minimum period of revocation of driving privileges imposed | 12 |
| pursuant to
Section 6-205. | 13 |
| (e) (Blank). Following a statutory summary suspension of | 14 |
| driving privileges
pursuant to Section 11-501.1, for a first | 15 |
| offender, the circuit court shall, unless the offender has | 16 |
| opted in writing not to have a monitoring device driving permit | 17 |
| issued, order the Secretary of State to issue a monitoring | 18 |
| device driving permit as provided in Section 6-206.1. A | 19 |
| monitoring device driving permit shall not be effective prior | 20 |
| to the 31st day of the statutory summary suspension. | 21 |
| (f) (Blank). | 22 |
| (g) Following a statutory summary suspension of driving | 23 |
| privileges
pursuant to Section 11-501.1 where the person was | 24 |
| not a first offender, as
defined in Section 11-500, the | 25 |
| Secretary of State may not issue a
restricted driving permit. | 26 |
| (h) (Blank). |
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| (Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876, | 2 |
| eff. 8-21-08.)
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| Section 99. Effective date. This Act takes effect January | 4 |
| 1, 2011.".
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