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91_SB1129enr
SB1129 Enrolled LRB9105190LDdvA
1 AN ACT in relation to motor vehicle ignition interlock
2 devices, amending named Acts.
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 Section 6-206.1 and adding Section 6-206.2 as
7 follows:
8 (625 ILCS 5/1-129.1 new)
9 Sec. 1-129.1. Ignition interlock device. A device
10 installed in a motor vehicle that prevents the vehicle from
11 starting until the device has determined by an analysis of
12 the driver's breath that the driver's blood alcohol is below
13 a certain preset level.
14 (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
15 Sec. 6-206.1. Judicial Driving Permit. Declaration of
16 Policy. It is hereby declared a policy of the State of
17 Illinois that the driver who is impaired by alcohol, other
18 drug or drugs, or intoxicating compound or compounds is a
19 threat to the public safety and welfare. Therefore, to
20 provide a deterrent to such practice and to remove problem
21 drivers from the highway, a statutory summary driver's
22 license suspension is appropriate. It is also recognized that
23 driving is a privilege and therefore, that in some cases the
24 granting of limited driving privileges, where consistent with
25 public safety, is warranted during the period of suspension
26 in the form of a judicial driving permit to drive for the
27 purpose of employment, receiving drug treatment or medical
28 care, and educational pursuits, where no alternative means of
29 transportation is available.
30 The following procedures shall apply whenever a first
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1 offender is arrested for any offense as defined in Section
2 11-501 or a similar provision of a local ordinance:
3 (a) Subsequent to a notification of a statutory summary
4 suspension of driving privileges as provided in Section
5 11-501.1, the first offender as defined in Section 11-500 may
6 petition the circuit court of venue for a Judicial Driving
7 Permit, hereinafter referred as a JDP, to relieve undue
8 hardship. The court may issue a court order, pursuant to
9 the criteria contained in this Section, directing the
10 Secretary of State to issue such a JDP to the petitioner. A
11 JDP shall not become effective prior to the 31st day of the
12 original statutory summary suspension and shall always be
13 subject to the following criteria:
14 1. If ordered for the purposes of employment, the
15 JDP shall be only for the purpose of providing the
16 petitioner the privilege of driving a motor vehicle
17 between the petitioner's residence and the petitioner's
18 place of employment and return; or within the scope of
19 the petitioner's employment related duties, shall be
20 effective only during and limited to those specific times
21 and routes actually required to commute or perform the
22 petitioner's employment related duties.
23 2. The court, by a court order, may also direct the
24 Secretary of State to issue a JDP to allow transportation
25 for the petitioner, or a household member of the
26 petitioner's family, to receive alcohol, drug, or
27 intoxicating compound treatment or medical care, if the
28 petitioner is able to demonstrate that no alternative
29 means of transportation is reasonably available. Such JDP
30 shall be effective only during the specific times
31 actually required to commute.
32 3. The court, by a court order, may also direct the
33 Secretary of State to issue a JDP to allow transportation
34 by the petitioner for educational purposes upon
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1 demonstrating that there are no alternative means of
2 transportation reasonably available to accomplish those
3 educational purposes. Such JDP shall be only for the
4 purpose of providing transportation to and from the
5 petitioner's residence and the petitioner's place of
6 educational activity, and only during the specific times
7 and routes actually required to commute or perform the
8 petitioner's educational requirement.
9 4. The Court shall not issue an order granting a
10 JDP to:
11 (i) Any person unless and until the court,
12 after considering the results of a current
13 professional evaluation of the person's alcohol or
14 other drug use by an agency pursuant to Section
15 15-10 of the Alcoholism and Other Drug Abuse and
16 Dependency Act and other appropriate investigation
17 of the person, is satisfied that granting the
18 privilege of driving a motor vehicle on the highways
19 will not endanger the public safety or welfare.
20 (ii) Any person who has been convicted of
21 reckless homicide within the previous 5 years.
22 (iii) Any person whose privilege to operate a
23 motor vehicle was invalid at the time of arrest for
24 the current violation of Section 11-501, or a
25 similar provision of a local ordinance, except in
26 cases where the cause for a driver's license
27 suspension has been removed at the time a JDP is
28 effective. In any case, should the Secretary of
29 State enter a suspension or revocation of driving
30 privileges pursuant to the provisions of this Code
31 while the JDP is in effect or pending, the Secretary
32 shall take the prescribed action and provide a
33 notice to the person and the court ordering the
34 issuance of the JDP that all driving privileges,
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1 including those provided by the issuance of the JDP,
2 have been withdrawn.
3 (iv) Any person under the age of 18 years.
4 (b) Prior to ordering the issuance of a JDP the Court
5 should consider at least, but not be limited to, the
6 following issues:
7 1. Whether the person is employed and no other
8 means of commuting to the place of employment is
9 available or that the person must drive as a condition of
10 employment. The employer shall certify the hours of
11 employment and the need and parameters necessary for
12 driving as a condition to employment.
13 2. Whether the person must drive to secure alcohol
14 or other medical treatment for himself or a family
15 member.
16 3. Whether the person must drive for educational
17 purposes. The educational institution shall certify the
18 person's enrollment in and academic schedule at the
19 institution.
20 4. Whether the person has been repeatedly convicted
21 of traffic violations or involved in motor vehicle
22 accidents to a degree which indicates disrespect for
23 public safety.
24 5. Whether the person has been convicted of a
25 traffic violation in connection with a traffic accident
26 resulting in the death of any person within the last 5
27 years.
28 6. Whether the person is likely to obey the limited
29 provisions of the JDP.
30 7. Whether the person has any additional traffic
31 violations pending in any court.
32 For purposes of this Section, programs conducting
33 professional evaluations of a person's alcohol, other drug,
34 or intoxicating compound use must report, to the court of
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1 venue, using a form prescribed by the Secretary of State. A
2 copy of such evaluations shall be sent to the Secretary of
3 State by the court. However, the evaluation information shall
4 be privileged and only available to courts and to the
5 Secretary of State, but shall not be admissible in the
6 subsequent trial on the underlying charge.
7 (c) The scope of any court order issued for a JDP under
8 this Section shall be limited to the operation of a motor
9 vehicle as provided for in subsection (a) of this Section and
10 shall specify the petitioner's residence, place of employment
11 or location of educational institution, and the scope of job
12 related duties, if relevant. The JDP shall also specify days
13 of the week and specific hours of the day when the petitioner
14 is able to exercise the limited privilege of operating a
15 motor vehicle. If the Petitioner, who has been granted a JDP,
16 is issued a citation for a traffic related offense, including
17 operating a motor vehicle outside the limitations prescribed
18 in the JDP or a violation of Section 6-303, or is convicted
19 of any such an offense during the term of the JDP, the court
20 shall consider cancellation of the limited driving permit.
21 In any case, if the Petitioner commits an offense, as defined
22 in Section 11-501, or a similar provision of a local
23 ordinance, as evidenced by the issuance of a Uniform Traffic
24 Ticket, the JDP shall be forwarded by the court of venue to
25 the court ordering the issuance of the JDP, for cancellation.
26 The court shall notify the Secretary of State of any such
27 cancellation.
28 (d) The Secretary of State shall, upon receiving a court
29 order from the court of venue, issue a JDP to a successful
30 Petitioner under this Section. Such court order form shall
31 also contain a notification, which shall be sent to the
32 Secretary of State, providing the name, driver's license
33 number and legal address of the successful petitioner, and
34 the full and detailed description of the limitations of the
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1 JDP. This information shall be available only to the courts,
2 police officers, and the Secretary of State, except during
3 the actual period the JDP is valid, during which time it
4 shall be a public record. The Secretary of State shall design
5 and furnish to the courts an official court order form to be
6 used by the courts when directing the Secretary of State to
7 issue a JDP.
8 Any submitted court order that contains insufficient data
9 or fails to comply with this Code shall not be utilized for
10 JDP issuance or entered to the driver record but shall be
11 returned to the issuing court indicating why the JDP cannot
12 be so entered. A notice of this action shall also be sent to
13 the JDP petitioner by the Secretary of State.
14 (e) The circuit court of venue may conduct the judicial
15 hearing, as provided in Section 2-118.1, and the JDP hearing
16 provided in this Section, concurrently. Such concurrent
17 hearing shall proceed in the court in the same manner as in
18 other civil proceedings.
19 (f) The circuit court of venue may, as a condition of
20 the issuance of a JDP, prohibit the person from operating a
21 motor vehicle not equipped with an ignition interlock device.
22
23 (Source: P.A. 90-369, eff. 1-1-98; 90-779, eff. 1-1-99.)
24 (625 ILCS 5/6-206.2 new)
25 Sec. 6-206.2. Violations relating to an ignition
26 interlock device.
27 (a) It is unlawful for any person whose driving
28 privilege is restricted by being prohibited from operating a
29 motor vehicle not equipped with an ignition interlock device
30 to request or solicit any other person to blow into an
31 ignition interlock device or to start a motor vehicle
32 equipped with the device for the purpose of providing the
33 person so restricted with an operable motor vehicle.
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1 (b) It is unlawful to blow into an ignition interlock
2 device or to start a motor vehicle equipped with the device
3 for the purpose of providing an operable motor vehicle to a
4 person whose driving privilege is restricted by being
5 prohibited from operating a motor vehicle not equipped with
6 an ignition interlock device.
7 (c) It is unlawful to tamper with, or circumvent the
8 operation of, an ignition interlock device.
9 (d) Except as provided in subsection (c)(17) of Section
10 5-6-3.1 of the Unified Code of Corrections or by rule, no
11 person shall knowingly rent, lease, or lend a motor vehicle
12 to a person known to have his or her driving privilege
13 restricted by being prohibited from operating a vehicle not
14 equipped with an ignition interlock device, unless the
15 vehicle is equipped with a functioning ignition interlock
16 device. Any person whose driving privilege is so restricted
17 shall notify any person intending to rent, lease, or loan a
18 motor vehicle to the restricted person of the driving
19 restriction imposed upon him or her.
20 A person convicted of a violation of this subsection
21 shall be punished by imprisonment for not more than 6 months
22 or by a fine of not more than $5,000, or both.
23 Section 10. The Unified Code of Corrections is amended
24 by changing Section 5-6-3.1 as follows:
25 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
26 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
27 (a) When a defendant is placed on supervision, the court
28 shall enter an order for supervision specifying the period of
29 such supervision, and shall defer further proceedings in the
30 case until the conclusion of the period.
31 (b) The period of supervision shall be reasonable under
32 all of the circumstances of the case, but may not be longer
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1 than 2 years, unless the defendant has failed to pay the
2 assessment required by Section 10.3 of the Cannabis Control
3 Act or Section 411.2 of the Illinois Controlled Substances
4 Act, in which case the court may extend supervision beyond 2
5 years. Additionally, the court shall order the defendant to
6 perform no less than 30 hours of community service and not
7 more than 120 hours of community service, if community
8 service is available in the jurisdiction and is funded and
9 approved by the county board where the offense was committed,
10 when the offense (1) was related to or in furtherance of the
11 criminal activities of an organized gang or was motivated by
12 the defendant's membership in or allegiance to an organized
13 gang; or (2) is a violation of any Section of Article 24 of
14 the Criminal Code of 1961 where a disposition of supervision
15 is not prohibited by Section 5-6-1 of this Code. The
16 community service shall include, but not be limited to, the
17 cleanup and repair of any damage caused by violation of
18 Section 21-1.3 of the Criminal Code of 1961 and similar
19 damages to property located within the municipality or county
20 in which the violation occurred. Where possible and
21 reasonable, the community service should be performed in the
22 offender's neighborhood.
23 For the purposes of this Section, "organized gang" has
24 the meaning ascribed to it in Section 10 of the Illinois
25 Streetgang Terrorism Omnibus Prevention Act.
26 (c) The court may in addition to other reasonable
27 conditions relating to the nature of the offense or the
28 rehabilitation of the defendant as determined for each
29 defendant in the proper discretion of the court require that
30 the person:
31 (1) make a report to and appear in person before or
32 participate with the court or such courts, person, or
33 social service agency as directed by the court in the
34 order of supervision;
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1 (2) pay a fine and costs;
2 (3) work or pursue a course of study or vocational
3 training;
4 (4) undergo medical, psychological or psychiatric
5 treatment; or treatment for drug addiction or alcoholism;
6 (5) attend or reside in a facility established for
7 the instruction or residence of defendants on probation;
8 (6) support his dependents;
9 (7) refrain from possessing a firearm or other
10 dangerous weapon;
11 (8) and in addition, if a minor:
12 (i) reside with his parents or in a foster
13 home;
14 (ii) attend school;
15 (iii) attend a non-residential program for
16 youth;
17 (iv) contribute to his own support at home or
18 in a foster home; and
19 (9) make restitution or reparation in an amount not
20 to exceed actual loss or damage to property and pecuniary
21 loss or make restitution under Section 5-5-6 to a
22 domestic violence shelter. The court shall determine the
23 amount and conditions of payment;
24 (10) perform some reasonable public or community
25 service;
26 (11) comply with the terms and conditions of an
27 order of protection issued by the court pursuant to the
28 Illinois Domestic Violence Act of 1986. If the court has
29 ordered the defendant to make a report and appear in
30 person under paragraph (1) of this subsection, a copy of
31 the order of protection shall be transmitted to the
32 person or agency so designated by the court;
33 (12) reimburse any "local anti-crime program" as
34 defined in Section 7 of the Anti-Crime Advisory Council
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1 Act for any reasonable expenses incurred by the program
2 on the offender's case, not to exceed the maximum amount
3 of the fine authorized for the offense for which the
4 defendant was sentenced;
5 (13) contribute a reasonable sum of money, not to
6 exceed the maximum amount of the fine authorized for the
7 offense for which the defendant was sentenced, to a
8 "local anti-crime program", as defined in Section 7 of
9 the Anti-Crime Advisory Council Act;
10 (14) refrain from entering into a designated
11 geographic area except upon such terms as the court finds
12 appropriate. Such terms may include consideration of the
13 purpose of the entry, the time of day, other persons
14 accompanying the defendant, and advance approval by a
15 probation officer;
16 (15) refrain from having any contact, directly or
17 indirectly, with certain specified persons or particular
18 types of person, including but not limited to members of
19 street gangs and drug users or dealers;
20 (16) refrain from having in his or her body the
21 presence of any illicit drug prohibited by the Cannabis
22 Control Act or the Illinois Controlled Substances Act,
23 unless prescribed by a physician, and submit samples of
24 his or her blood or urine or both for tests to determine
25 the presence of any illicit drug;.
26 (17) refrain from operating any motor vehicle not
27 equipped with an ignition interlock device as defined in
28 Section 1-129.1 of the Illinois Vehicle Code. Under this
29 condition the court may allow a defendant who is not
30 self-employed to operate a vehicle owned by the
31 defendant's employer that is not equipped with an
32 ignition interlock device in the course and scope of the
33 defendant's employment.
34 (d) The court shall defer entering any judgment on the
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1 charges until the conclusion of the supervision.
2 (e) At the conclusion of the period of supervision, if
3 the court determines that the defendant has successfully
4 complied with all of the conditions of supervision, the court
5 shall discharge the defendant and enter a judgment dismissing
6 the charges.
7 (f) Discharge and dismissal upon a successful conclusion
8 of a disposition of supervision shall be deemed without
9 adjudication of guilt and shall not be termed a conviction
10 for purposes of disqualification or disabilities imposed by
11 law upon conviction of a crime. Two years after the
12 discharge and dismissal under this Section, unless the
13 disposition of supervision was for a violation of Sections
14 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
15 Vehicle Code or a similar provision of a local ordinance, or
16 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
17 Code of 1961, in which case it shall be 5 years after
18 discharge and dismissal, a person may have his record of
19 arrest sealed or expunged as may be provided by law.
20 However, any defendant placed on supervision before January
21 1, 1980, may move for sealing or expungement of his arrest
22 record, as provided by law, at any time after discharge and
23 dismissal under this Section. A person placed on supervision
24 for a sexual offense committed against a minor as defined in
25 subsection (g) of Section 5 of the Criminal Identification
26 Act or for a violation of Section 11-501 of the Illinois
27 Vehicle Code or a similar provision of a local ordinance
28 shall not have his or her record of arrest sealed or
29 expunged.
30 (g) A defendant placed on supervision and who during the
31 period of supervision undergoes mandatory drug or alcohol
32 testing, or both, or is assigned to be placed on an approved
33 electronic monitoring device, shall be ordered to pay the
34 costs incidental to such mandatory drug or alcohol testing,
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1 or both, and costs incidental to such approved electronic
2 monitoring in accordance with the defendant's ability to pay
3 those costs. The county board with the concurrence of the
4 Chief Judge of the judicial circuit in which the county is
5 located shall establish reasonable fees for the cost of
6 maintenance, testing, and incidental expenses related to the
7 mandatory drug or alcohol testing, or both, and all costs
8 incidental to approved electronic monitoring, of all
9 defendants placed on supervision. The concurrence of the
10 Chief Judge shall be in the form of an administrative order.
11 The fees shall be collected by the clerk of the circuit
12 court. The clerk of the circuit court shall pay all moneys
13 collected from these fees to the county treasurer who shall
14 use the moneys collected to defray the costs of drug testing,
15 alcohol testing, and electronic monitoring. The county
16 treasurer shall deposit the fees collected in the county
17 working cash fund under Section 6-27001 or Section 6-29002 of
18 the Counties Code, as the case may be.
19 (h) A disposition of supervision is a final order for
20 the purposes of appeal.
21 (i) The court shall impose upon a defendant placed on
22 supervision after January 1, 1992, as a condition of
23 supervision, a fee of $25 for each month of supervision
24 ordered by the court, unless after determining the inability
25 of the person placed on supervision to pay the fee, the court
26 assesses a lesser fee. The court may not impose the fee on a
27 minor who is made a ward of the State under the Juvenile
28 Court Act of 1987 while the minor is in placement. The fee
29 shall be imposed only upon a defendant who is actively
30 supervised by the probation and court services department.
31 The fee shall be collected by the clerk of the circuit court.
32 The clerk of the circuit court shall pay all monies collected
33 from this fee to the county treasurer for deposit in the
34 probation and court services fund pursuant to Section 15.1 of
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1 the Probation and Probation Officers Act.
2 (j) All fines and costs imposed under this Section for
3 any violation of Chapters 3, 4, 6, and 11 of the Illinois
4 Vehicle Code, or a similar provision of a local ordinance,
5 and any violation of the Child Passenger Protection Act, or a
6 similar provision of a local ordinance, shall be collected
7 and disbursed by the circuit clerk as provided under Section
8 27.5 of the Clerks of Courts Act.
9 (k) A defendant at least 17 years of age who is placed
10 on supervision for a misdemeanor in a county of 3,000,000 or
11 more inhabitants and who has not been previously convicted of
12 a misdemeanor or felony may as a condition of his or her
13 supervision be required by the court to attend educational
14 courses designed to prepare the defendant for a high school
15 diploma and to work toward a high school diploma or to work
16 toward passing the high school level Test of General
17 Educational Development (GED) or to work toward completing a
18 vocational training program approved by the court. The
19 defendant placed on supervision must attend a public
20 institution of education to obtain the educational or
21 vocational training required by this subsection (k). The
22 defendant placed on supervision shall be required to pay for
23 the cost of the educational courses or GED test, if a fee is
24 charged for those courses or test. The court shall revoke
25 the supervision of a person who wilfully fails to comply with
26 this subsection (k). The court shall resentence the
27 defendant upon revocation of supervision as provided in
28 Section 5-6-4. This subsection (k) does not apply to a
29 defendant who has a high school diploma or has successfully
30 passed the GED test. This subsection (k) does not apply to a
31 defendant who is determined by the court to be
32 developmentally disabled or otherwise mentally incapable of
33 completing the educational or vocational program.
34 (l) The court shall require a defendant placed on
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1 supervision for possession of a substance prohibited by the
2 Cannabis Control Act or Illinois Controlled Substances Act
3 after a previous conviction or disposition of supervision for
4 possession of a substance prohibited by the Cannabis Control
5 Act or Illinois Controlled Substances Act or a sentence of
6 probation under Section 10 of the Cannabis Control Act or
7 Section 410 of the Illinois Controlled Substances Act and
8 after a finding by the court that the person is addicted, to
9 undergo treatment at a substance abuse program approved by
10 the court.
11 (m) The court shall require a defendant placed on
12 supervision for a violation of Section 3-707 of the Illinois
13 Vehicle Code or a similar provision of a local ordinance, as
14 a condition of supervision, to give proof of his or her
15 financial responsibility as defined in Section 7-315 of the
16 Illinois Vehicle Code. The proof shall be maintained by the
17 defendant in a manner satisfactory to the Secretary of State
18 for a minimum period of one year after the date the proof is
19 first filed. The Secretary of State shall suspend the
20 driver's license of any person determined by the Secretary to
21 be in violation of this subsection.
22 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
23 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff.
24 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff.
25 1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 1-1-99.)
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