Illinois General Assembly - Full Text of SB1433
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Full Text of SB1433  97th General Assembly

SB1433 97TH GENERAL ASSEMBLY


 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1433

 

Introduced 2/9/2011, by Sen. Christine Radogno

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-208.1  from Ch. 95 1/2, par. 6-208.1

    Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning statutory summary suspensions.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-208.1 as follows:
 
6    (625 ILCS 5/6-208.1)  (from Ch. 95 1/2, par. 6-208.1)
7    (Text of Section before amendment by P.A. 96-1344)
8    Sec. 6-208.1. Period of statutory summary alcohol, other
9drug, or intoxicating compound related suspension.
10    (a) Unless the the statutory summary suspension has been
11rescinded, any person whose privilege to drive a motor vehicle
12on the public highways has been summarily suspended, pursuant
13to Section 11-501.1, shall not be eligible for restoration of
14the privilege until the expiration of:
15        1. Twelve 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, or
18    intoxicating compound concentration, pursuant to Section
19    11-501.1; or
20        2. Six months from the effective date of the statutory
21    summary suspension imposed following the person's
22    submission to a chemical test which disclosed an alcohol
23    concentration of 0.08 or more, or any amount of a drug,

 

 

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1    substance, or intoxicating compound in such person's
2    breath, blood, or urine resulting from the unlawful use or
3    consumption of cannabis listed in the Cannabis Control Act,
4    a controlled substance listed in the Illinois Controlled
5    Substances Act, an intoxicating compound listed in the Use
6    of Intoxicating Compounds Act, or methamphetamine as
7    listed in the Methamphetamine Control and Community
8    Protection Act, pursuant to Section 11-501.1; or
9        3. Three years from the effective date of the statutory
10    summary suspension for any person other than a first
11    offender who refuses or fails to complete a test or tests
12    to determine the alcohol, drug, or intoxicating compound
13    concentration pursuant to Section 11-501.1; or
14        4. One year from the effective date of the summary
15    suspension imposed for any person other than a first
16    offender following submission to a chemical test which
17    disclosed an alcohol concentration of 0.08 or more pursuant
18    to Section 11-501.1 or any amount of a drug, substance or
19    compound in such person's blood or urine resulting from the
20    unlawful use or consumption of cannabis listed in the
21    Cannabis Control Act, a controlled substance listed in the
22    Illinois Controlled Substances Act, an intoxicating
23    compound listed in the Use of Intoxicating Compounds Act,
24    or methamphetamine as listed in the Methamphetamine
25    Control and Community Protection Act.
26    (b) Following a statutory summary suspension of the

 

 

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1privilege to drive a motor vehicle under Section 11-501.1,
2driving privileges shall be restored unless the person is
3otherwise suspended, revoked, or cancelled by this Code. If the
4court has reason to believe that the person's driving privilege
5should not be restored, the court shall notify the Secretary of
6State prior to the expiration of the statutory summary
7suspension so appropriate action may be taken pursuant to this
8Code.
9    (c) Driving privileges may not be restored until all
10applicable reinstatement fees, as provided by this Code, have
11been paid to the Secretary of State and the appropriate entry
12made to the driver's record.
13    (d) Where a driving privilege has been summarily suspended
14under Section 11-501.1 and the person is subsequently convicted
15of violating Section 11-501, or a similar provision of a local
16ordinance, for the same incident, any period served on
17statutory summary suspension shall be credited toward the
18minimum period of revocation of driving privileges imposed
19pursuant to Section 6-205.
20    (e) Following a statutory summary suspension of driving
21privileges pursuant to Section 11-501.1, for a first offender,
22the circuit court shall, unless the offender has opted in
23writing not to have a monitoring device driving permit issued,
24order the Secretary of State to issue a monitoring device
25driving permit as provided in Section 6-206.1. A monitoring
26device driving permit shall not be effective prior to the 31st

 

 

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1day of the statutory summary suspension.
2    (f) (Blank).
3    (g) Following a statutory summary suspension of driving
4privileges pursuant to Section 11-501.1 where the person was
5not a first offender, as defined in Section 11-500, the
6Secretary of State may not issue a restricted driving permit.
7    (h) (Blank).
8(Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876,
9eff. 8-21-08.)
 
10    (Text of Section after amendment by P.A. 96-1344)
11    Sec. 6-208.1. Period of statutory summary alcohol, other
12drug, or intoxicating compound related suspension or
13revocation.
14    (a) Unless the the statutory summary suspension has been
15rescinded, any person whose privilege to drive a motor vehicle
16on the public highways has been summarily suspended, pursuant
17to Section 11-501.1, shall not be eligible for restoration of
18the privilege until the expiration of:
19        1. Twelve months from the effective date of the
20    statutory summary suspension for a refusal or failure to
21    complete a test or tests to determine the alcohol, drug, or
22    intoxicating compound concentration, pursuant to Section
23    11-501.1, if the person was not involved in a motor vehicle
24    crash that caused personal injury or death to another; or
25        2. Six months from the effective date of the statutory

 

 

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1    summary suspension imposed following the person's
2    submission to a chemical test which disclosed an alcohol
3    concentration of 0.08 or more, or any amount of a drug,
4    substance, or intoxicating compound in such person's
5    breath, blood, or urine resulting from the unlawful use or
6    consumption of cannabis listed in the Cannabis Control Act,
7    a controlled substance listed in the Illinois Controlled
8    Substances Act, an intoxicating compound listed in the Use
9    of Intoxicating Compounds Act, or methamphetamine as
10    listed in the Methamphetamine Control and Community
11    Protection Act, pursuant to Section 11-501.1; or
12        3. Three years from the effective date of the statutory
13    summary suspension for any person other than a first
14    offender who refuses or fails to complete a test or tests
15    to determine the alcohol, drug, or intoxicating compound
16    concentration pursuant to Section 11-501.1; or
17        4. One year from the effective date of the summary
18    suspension imposed for any person other than a first
19    offender following submission to a chemical test which
20    disclosed an alcohol concentration of 0.08 or more pursuant
21    to Section 11-501.1 or any amount of a drug, substance or
22    compound in such person's blood or urine resulting from the
23    unlawful use or consumption of cannabis listed in the
24    Cannabis Control Act, a controlled substance listed in the
25    Illinois Controlled Substances Act, an intoxicating
26    compound listed in the Use of Intoxicating Compounds Act,

 

 

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1    or methamphetamine as listed in the Methamphetamine
2    Control and Community Protection Act.
3    (a-1) Unless the statutory summary revocation has been
4rescinded, any person whose privilege to drive has been
5summarily revoked pursuant to Section 11-501.1 may not make
6application for a license or permit until the expiration of one
7year from the effective date of the summary revocation.
8    (b) Following a statutory summary suspension of the
9privilege to drive a motor vehicle under Section 11-501.1,
10driving privileges shall be restored unless the person is
11otherwise suspended, revoked, or cancelled by this Code. If the
12court has reason to believe that the person's driving privilege
13should not be restored, the court shall notify the Secretary of
14State prior to the expiration of the statutory summary
15suspension so appropriate action may be taken pursuant to this
16Code.
17    (c) Driving privileges may not be restored until all
18applicable reinstatement fees, as provided by this Code, have
19been paid to the Secretary of State and the appropriate entry
20made to the driver's record.
21    (d) Where a driving privilege has been summarily suspended
22or revoked under Section 11-501.1 and the person is
23subsequently convicted of violating Section 11-501, or a
24similar provision of a local ordinance, for the same incident,
25any period served on statutory summary suspension or revocation
26shall be credited toward the minimum period of revocation of

 

 

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1driving privileges imposed pursuant to Section 6-205.
2    (e) Following a statutory summary suspension of driving
3privileges pursuant to Section 11-501.1, for a first offender,
4the circuit court shall, unless the offender has opted in
5writing not to have a monitoring device driving permit issued,
6order the Secretary of State to issue a monitoring device
7driving permit as provided in Section 6-206.1. A monitoring
8device driving permit shall not be effective prior to the 31st
9day of the statutory summary suspension. A first offender who
10refused chemical testing and whose driving privileges were
11summarily revoked pursuant to Section 11-501.1 shall not be
12eligible for any type of driving permit or privilege during the
13summary revocation.
14    (f) (Blank).
15    (g) Following a statutory summary suspension of driving
16privileges pursuant to Section 11-501.1 where the person was
17not a first offender, as defined in Section 11-500, the
18Secretary of State may not issue a restricted driving permit.
19    (h) (Blank).
20(Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876,
21eff. 8-21-08; 96-1344, eff. 7-1-11.)
 
22    Section 95. No acceleration or delay. Where this Act makes
23changes in a statute that is represented in this Act by text
24that is not yet or no longer in effect (for example, a Section
25represented by multiple versions), the use of that text does

 

 

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1not accelerate or delay the taking effect of (i) the changes
2made by this Act or (ii) provisions derived from any other
3Public Act.