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91_SB0794sam001
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1 AMENDMENT TO SENATE BILL 794
2 AMENDMENT NO. . Amend Senate Bill 794 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Sections 6-208.1 and 6-208.2."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Section 6-208.1 and 6-208.2 as follows:
10 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
11 Sec. 6-208.1. Period of statutory summary alcohol, other
12 drug, or intoxicating compound related suspension.
13 (a) Unless the statutory summary suspension has been
14 rescinded, any person whose privilege to drive a motor
15 vehicle on the public highways has been summarily suspended,
16 pursuant to Section 11-501.1, shall not be eligible for
17 restoration of the privilege until the expiration of:
18 1. Six months from the effective date of the
19 statutory summary suspension for a refusal or failure to
20 complete a test or tests to determine the alcohol, drug,
21 or intoxicating compound concentration, pursuant to
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1 Section 11-501.1; or
2 2. Three months from the effective date of the
3 statutory summary suspension imposed following the
4 person's submission to a chemical test which disclosed an
5 alcohol concentration of 0.08 or more, or any amount of a
6 drug, substance, or intoxicating compound in such
7 person's breath, blood, or urine resulting from the
8 unlawful use or consumption of cannabis listed in the
9 Cannabis Control Act, a controlled substance listed in
10 the Illinois Controlled Substances Act, or an
11 intoxicating compound listed in the Use of Intoxicating
12 Compounds Act, pursuant to Section 11-501.1; or
13 3. Three years from the effective date of the
14 statutory summary suspension for any person other than a
15 first offender who refuses or fails to complete a test or
16 tests to determine the alcohol, drug, or intoxicating
17 compound concentration pursuant to Section 11-501.1; or
18 4. One year from the effective date of the summary
19 suspension imposed for any person other than a first
20 offender following submission to a chemical test which
21 disclosed an alcohol concentration of 0.08 or more
22 pursuant to Section 11-501.1 or any amount of a drug,
23 substance or compound in such person's blood or urine
24 resulting from the unlawful use or consumption of
25 cannabis listed in the Cannabis Control Act, a controlled
26 substance listed in the Illinois Controlled Substances
27 Act, or an intoxicating compound listed in the Use of
28 Intoxicating Compounds Act.
29 (b) Following a statutory summary suspension of the
30 privilege to drive a motor vehicle under Section 11-501.1,
31 full driving privileges shall be restored unless the person
32 is otherwise disqualified by this Code. If the court has
33 reason to believe that the person's driving privilege should
34 not be restored, the court shall notify the Secretary of
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1 State prior to the expiration of the statutory summary
2 suspension so appropriate action may be taken pursuant to
3 this Code.
4 (c) The statutory summary suspension shall terminate as
5 provided in subsection (a) of this Section, but full driving
6 privileges may not be restored until all applicable
7 reinstatement fees, as provided by this Code, have been paid
8 to the Secretary of State and the appropriate entry made to
9 the driver's record.
10 (d) Where a driving privilege has been summarily
11 suspended under Section 11-501.1 and the person is
12 subsequently convicted of violating Section 11-501, or a
13 similar provision of a local ordinance, for the same
14 incident, any period served on statutory summary suspension
15 shall be credited toward the minimum period of revocation of
16 driving privileges imposed pursuant to Section 6-205.
17 (e) Following a statutory summary suspension of driving
18 privileges pursuant to Section 11-501.1, for a first
19 offender, the circuit court may, after at least 30 days from
20 the effective date of the statutory summary suspension, issue
21 a judicial driving permit as provided in Section 6-206.1.
22 (f) Subsequent to an arrest of a first offender, for any
23 offense as defined in Section 11-501 or a similar provision
24 of a local ordinance, following a statutory summary
25 suspension of driving privileges pursuant to Section
26 11-501.1, for a first offender, the circuit court may issue a
27 court order directing the Secretary of State to issue a
28 judicial driving permit as provided in Section 6-206.1.
29 However, this JDP shall not be effective prior to the 31st
30 day of the statutory summary suspension.
31 (g) Following a statutory summary suspension of driving
32 privileges pursuant to Section 11-501.1 where the person was
33 not a first offender, as defined in Section 11-500 and such
34 person refused or failed to complete a test or tests to
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1 determine the alcohol, drug, or intoxicating compound
2 concentration pursuant to Section 11-501.1, the Secretary of
3 State may issue a restricted driving permit if at least 2
4 years have elapsed since the effective date of the statutory
5 summary suspension.
6 (h) Following a statutory summary suspension of driving
7 privileges pursuant to Section 11-501.1 where the person was
8 not a first offender as defined in Section 11-500 and such
9 person submitted to a chemical test which disclosed an
10 alcohol concentration of 0.08 or more pursuant to Section
11 11-501.1, the Secretary of State may, after at least 90 days
12 from the effective date of the statutory summary suspension,
13 issue a restricted driving permit.
14 (Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97;
15 90-738, eff. 1-1-99; 90-779, eff. 1-1-99; revised 9-21-98.)
16 (625 ILCS 5/6-208.2)
17 Sec. 6-208.2. Restoration of driving privileges; persons
18 under age 21.
19 (a) Unless the suspension based upon consumption of
20 alcohol by a minor or refusal to submit to testing has been
21 rescinded by the Secretary of State in accordance with item
22 (c)(3) of Section 6-206 of this Code, a person whose
23 privilege to drive a motor vehicle on the public highways has
24 been suspended under Section 11-501.8 is not eligible for
25 restoration of the privilege until the expiration of:
26 1. Six months from the effective date of the
27 suspension for a refusal or failure to complete a test or
28 tests to determine the alcohol concentration under
29 Section 11-501.8;
30 2. Three months from the effective date of the
31 suspension imposed following the person's submission to a
32 chemical test which disclosed an alcohol concentration
33 greater than 0.00 under Section 11-501.8;
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1 3. Two years from the effective date of the
2 suspension for a person who has been previously suspended
3 under Section 11-501.8 and who refuses or fails to
4 complete a test or tests to determine the alcohol
5 concentration under Section 11-501.8; or
6 4. One year from the effective date of the
7 suspension imposed for a person who has been previously
8 suspended under Section 11-501.8 following submission to
9 a chemical test that disclosed an alcohol concentration
10 greater than 0.00 under Section 11-501.8.
11 (b) Following a suspension of the privilege to drive a
12 motor vehicle under Section 11-501.8, full driving privileges
13 shall be restored unless the person is otherwise disqualified
14 by this Code.
15 (c) The statutory summary suspension shall terminate as
16 provided in subsection (a) of this Section, but full driving
17 privileges may not be restored until all applicable
18 reinstatement fees, as provided by this Code, have been paid
19 to the Secretary of State and the appropriate entry made to
20 the driver's record. The Secretary of State may also, as a
21 condition of the reissuance of a driver's license or permit
22 to an individual under the age of 18 years whose driving
23 privileges have been suspended pursuant to Section 11-501.8,
24 require the applicant to participate in a driver remedial
25 education course and be retested under Section 6-109.
26 (d) Where a driving privilege has been suspended under
27 Section 11-501.8 and the person is subsequently convicted of
28 violating Section 11-501, or a similar provision of a local
29 ordinance, for the same incident, any period served on that
30 suspension shall be credited toward the minimum period of
31 revocation of driving privileges imposed under Section 6-205.
32 (e) Following a suspension of driving privileges under
33 Section 11-501.8 for a person who has not had his or her
34 driving privileges previously suspended under that Section,
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1 the Secretary of State may issue a restricted driving permit
2 after at least 30 days from the effective date of the
3 suspension.
4 (f) Following a second or subsequent suspension of
5 driving privileges under Section 11-501.8 that is based upon
6 the person having refused or failed to complete a test or
7 tests to determine the alcohol concentration under Section
8 11-501.8, the Secretary of State may issue a restricted
9 driving permit after at least 6 months from the effective
10 date of the suspension.
11 (g) Following a second or subsequent suspension of
12 driving privileges under Section 11-501.8 that is based upon
13 the person having submitted to a chemical test that disclosed
14 an alcohol concentration greater than 0.00 under Section
15 11-501.8, the Secretary of State may issue a restricted
16 driving permit after at least 90 days from the effective date
17 of the suspension.
18 Any restricted driving permit considered under this
19 Section is subject to the provisions of item (e) of Section
20 11-501.8.
21 (Source: P.A. 90-774, eff. 8-14-98.)".