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91_SB0794enr
SB794 Enrolled LRB9100087KSgc
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 6-208.1 and 6-208.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 6-208.1 and 6-208.2 as follows:
7 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
8 Sec. 6-208.1. Period of statutory summary alcohol, other
9 drug, or intoxicating compound related suspension.
10 (a) Unless the statutory summary suspension has been
11 rescinded, any person whose privilege to drive a motor
12 vehicle on the public highways has been summarily suspended,
13 pursuant to Section 11-501.1, shall not be eligible for
14 restoration of the privilege until the expiration of:
15 1. Six months from the effective date of the
16 statutory summary suspension for a refusal or failure to
17 complete a test or tests to determine the alcohol, drug,
18 or intoxicating compound concentration, pursuant to
19 Section 11-501.1; or
20 2. Three months from the effective date of the
21 statutory summary suspension imposed following the
22 person's submission to a chemical test which disclosed an
23 alcohol concentration of 0.08 or more, or any amount of a
24 drug, substance, or intoxicating compound in such
25 person's breath, blood, or urine resulting from the
26 unlawful use or consumption of cannabis listed in the
27 Cannabis Control Act, a controlled substance listed in
28 the Illinois Controlled Substances Act, or an
29 intoxicating compound listed in the Use of Intoxicating
30 Compounds Act, pursuant to Section 11-501.1; or
31 3. Three years from the effective date of the
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1 statutory summary suspension for any person other than a
2 first offender who refuses or fails to complete a test or
3 tests to determine the alcohol, drug, or intoxicating
4 compound concentration pursuant to Section 11-501.1; or
5 4. One year from the effective date of the summary
6 suspension imposed for any person other than a first
7 offender following submission to a chemical test which
8 disclosed an alcohol concentration of 0.08 or more
9 pursuant to Section 11-501.1 or any amount of a drug,
10 substance or compound in such person's blood or urine
11 resulting from the unlawful use or consumption of
12 cannabis listed in the Cannabis Control Act, a controlled
13 substance listed in the Illinois Controlled Substances
14 Act, or an intoxicating compound listed in the Use of
15 Intoxicating Compounds Act.
16 (b) Following a statutory summary suspension of the
17 privilege to drive a motor vehicle under Section 11-501.1,
18 full driving privileges shall be restored unless the person
19 is otherwise disqualified by this Code. If the court has
20 reason to believe that the person's driving privilege should
21 not be restored, the court shall notify the Secretary of
22 State prior to the expiration of the statutory summary
23 suspension so appropriate action may be taken pursuant to
24 this Code.
25 (c) The statutory summary suspension shall terminate as
26 provided in subsection (a) of this Section, but full driving
27 privileges may not be restored until all applicable
28 reinstatement fees, as provided by this Code, have been paid
29 to the Secretary of State and the appropriate entry made to
30 the driver's record.
31 (d) Where a driving privilege has been summarily
32 suspended under Section 11-501.1 and the person is
33 subsequently convicted of violating Section 11-501, or a
34 similar provision of a local ordinance, for the same
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1 incident, any period served on statutory summary suspension
2 shall be credited toward the minimum period of revocation of
3 driving privileges imposed pursuant to Section 6-205.
4 (e) Following a statutory summary suspension of driving
5 privileges pursuant to Section 11-501.1, for a first
6 offender, the circuit court may, after at least 30 days from
7 the effective date of the statutory summary suspension, issue
8 a judicial driving permit as provided in Section 6-206.1.
9 (f) Subsequent to an arrest of a first offender, for any
10 offense as defined in Section 11-501 or a similar provision
11 of a local ordinance, following a statutory summary
12 suspension of driving privileges pursuant to Section
13 11-501.1, for a first offender, the circuit court may issue a
14 court order directing the Secretary of State to issue a
15 judicial driving permit as provided in Section 6-206.1.
16 However, this JDP shall not be effective prior to the 31st
17 day of the statutory summary suspension.
18 (g) Following a statutory summary suspension of driving
19 privileges pursuant to Section 11-501.1 where the person was
20 not a first offender, as defined in Section 11-500 and such
21 person refused or failed to complete a test or tests to
22 determine the alcohol, drug, or intoxicating compound
23 concentration pursuant to Section 11-501.1, the Secretary of
24 State may issue a restricted driving permit if at least 2
25 years have elapsed since the effective date of the statutory
26 summary suspension.
27 (h) Following a statutory summary suspension of driving
28 privileges pursuant to Section 11-501.1 where the person was
29 not a first offender as defined in Section 11-500 and such
30 person submitted to a chemical test which disclosed an
31 alcohol concentration of 0.08 or more pursuant to Section
32 11-501.1, the Secretary of State may, after at least 90 days
33 from the effective date of the statutory summary suspension,
34 issue a restricted driving permit.
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1 (Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97;
2 90-738, eff. 1-1-99; 90-779, eff. 1-1-99; revised 9-21-98.)
3 (625 ILCS 5/6-208.2)
4 Sec. 6-208.2. Restoration of driving privileges; persons
5 under age 21.
6 (a) Unless the suspension based upon consumption of
7 alcohol by a minor or refusal to submit to testing has been
8 rescinded by the Secretary of State in accordance with item
9 (c)(3) of Section 6-206 of this Code, a person whose
10 privilege to drive a motor vehicle on the public highways has
11 been suspended under Section 11-501.8 is not eligible for
12 restoration of the privilege until the expiration of:
13 1. Six months from the effective date of the
14 suspension for a refusal or failure to complete a test or
15 tests to determine the alcohol concentration under
16 Section 11-501.8;
17 2. Three months from the effective date of the
18 suspension imposed following the person's submission to a
19 chemical test which disclosed an alcohol concentration
20 greater than 0.00 under Section 11-501.8;
21 3. Two years from the effective date of the
22 suspension for a person who has been previously suspended
23 under Section 11-501.8 and who refuses or fails to
24 complete a test or tests to determine the alcohol
25 concentration under Section 11-501.8; or
26 4. One year from the effective date of the
27 suspension imposed for a person who has been previously
28 suspended under Section 11-501.8 following submission to
29 a chemical test that disclosed an alcohol concentration
30 greater than 0.00 under Section 11-501.8.
31 (b) Following a suspension of the privilege to drive a
32 motor vehicle under Section 11-501.8, full driving privileges
33 shall be restored unless the person is otherwise disqualified
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1 by this Code.
2 (c) The statutory summary suspension shall terminate as
3 provided in subsection (a) of this Section, but full driving
4 privileges may not be restored until all applicable
5 reinstatement fees, as provided by this Code, have been paid
6 to the Secretary of State and the appropriate entry made to
7 the driver's record. The Secretary of State may also, as a
8 condition of the reissuance of a driver's license or permit
9 to an individual under the age of 18 years whose driving
10 privileges have been suspended pursuant to Section 11-501.8,
11 require the applicant to participate in a driver remedial
12 education course and be retested under Section 6-109.
13 (d) Where a driving privilege has been suspended under
14 Section 11-501.8 and the person is subsequently convicted of
15 violating Section 11-501, or a similar provision of a local
16 ordinance, for the same incident, any period served on that
17 suspension shall be credited toward the minimum period of
18 revocation of driving privileges imposed under Section 6-205.
19 (e) Following a suspension of driving privileges under
20 Section 11-501.8 for a person who has not had his or her
21 driving privileges previously suspended under that Section,
22 the Secretary of State may issue a restricted driving permit
23 after at least 30 days from the effective date of the
24 suspension.
25 (f) Following a second or subsequent suspension of
26 driving privileges under Section 11-501.8 that is based upon
27 the person having refused or failed to complete a test or
28 tests to determine the alcohol concentration under Section
29 11-501.8, the Secretary of State may issue a restricted
30 driving permit after at least 6 months from the effective
31 date of the suspension.
32 (g) Following a second or subsequent suspension of
33 driving privileges under Section 11-501.8 that is based upon
34 the person having submitted to a chemical test that disclosed
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1 an alcohol concentration greater than 0.00 under Section
2 11-501.8, the Secretary of State may issue a restricted
3 driving permit after at least 90 days from the effective date
4 of the suspension.
5 Any restricted driving permit considered under this
6 Section is subject to the provisions of item (e) of Section
7 11-501.8.
8 (Source: P.A. 90-774, eff. 8-14-98.)
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