Illinois General Assembly - Full Text of Public Act 096-1526
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Public Act 096-1526


 

Public Act 1526 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1526
 
SB3775 EnrolledLRB096 18655 AJT 34039 b

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

Effective Date: 2/14/2011