Full Text of HB4304 98th General Assembly
HB4304ham001 98TH GENERAL ASSEMBLY | Rep. William Davis Filed: 2/26/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4304
| 2 | | AMENDMENT NO. ______. Amend House Bill 4304 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 6-206.1 and 6-208.1 as follows: | 6 | | (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1) | 7 | | Sec. 6-206.1. Monitoring Device Driving Permit. | 8 | | Declaration of Policy. It is hereby declared a policy of the
| 9 | | State of Illinois that the driver who is impaired by alcohol, | 10 | | other drug or
drugs, or intoxicating compound or compounds is a
| 11 | | threat to the public safety and welfare. Therefore, to
provide | 12 | | a deterrent to such practice, a statutory summary driver's | 13 | | license suspension is appropriate.
It is also recognized that | 14 | | driving is a privilege and therefore, that the granting of | 15 | | driving privileges, in a manner consistent with public
safety, | 16 | | is warranted during the period of suspension in the form of a |
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| 1 | | monitoring device driving permit. A person who drives and fails | 2 | | to comply with the requirements of the monitoring device | 3 | | driving permit commits a violation of Section 6-303 of this | 4 | | Code. | 5 | | The following procedures shall apply whenever
a first | 6 | | offender, as defined in Section 11-500 of this Code, is | 7 | | arrested for any offense as defined in Section 11-501
or a | 8 | | similar provision of a local ordinance and is subject to the | 9 | | provisions of Section 11-501.1: | 10 | | (a) Upon mailing of the notice of suspension of driving | 11 | | privileges as provided in subsection (h) of Section 11-501.1 of | 12 | | this Code, the Secretary shall also send written notice | 13 | | informing the person that he or she will be issued a monitoring | 14 | | device driving permit (MDDP). The notice shall include, at | 15 | | minimum, information summarizing the procedure to be followed | 16 | | for issuance of the MDDP, installation of the breath alcohol | 17 | | ignition installation device (BAIID), as provided in this | 18 | | Section, exemption from BAIID installation requirements, and | 19 | | procedures to be followed by those seeking indigent status, as | 20 | | provided in this Section. The notice shall also include | 21 | | information summarizing the procedure to be followed if the | 22 | | person wishes to decline issuance of the MDDP. A copy of the | 23 | | notice shall also be sent to the court of venue together with | 24 | | the notice of suspension of driving privileges, as provided in | 25 | | subsection (h) of Section 11-501. However, a MDDP shall not be | 26 | | issued if the Secretary finds that:
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| 1 | | (1) The offender's driver's license is otherwise | 2 | | invalid; | 3 | | (2) Death or great bodily harm to another resulted from | 4 | | the arrest for Section 11-501; | 5 | | (3) The offender has been previously convicted of | 6 | | reckless homicide or aggravated driving under the | 7 | | influence involving death; | 8 | | (4) The offender is less than 18 years of age; or | 9 | | (5) The offender is a qualifying patient licensed under | 10 | | the Compassionate Use of Medical Cannabis Pilot Program Act | 11 | | who is in possession of a valid registry card issued under | 12 | | that Act and refused to submit to standardized field | 13 | | sobriety tests as required by subsection (a-5) of Section | 14 | | 11-501.1 or did submit to testing and failed the test or | 15 | | tests. | 16 | | Any offender participating in the MDDP program must pay the | 17 | | Secretary a MDDP Administration Fee in an amount not to exceed | 18 | | $30 per month, to be deposited into the Monitoring Device | 19 | | Driving Permit Administration Fee Fund. The Secretary shall | 20 | | establish by rule the amount and the procedures, terms, and | 21 | | conditions relating to these fees. The offender must have an | 22 | | ignition interlock device installed within 14 days of the date | 23 | | the Secretary issues the MDDP. The ignition interlock device | 24 | | provider must notify the Secretary, in a manner and form | 25 | | prescribed by the Secretary, of the installation. If the | 26 | | Secretary does not receive notice of installation, the |
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| 1 | | Secretary shall cancel the MDDP.
| 2 | | A MDDP shall not become effective prior to the 31st
day of | 3 | | the original statutory summary suspension. | 4 | | Upon receipt of the notice, as provided in paragraph (a) of | 5 | | this Section, the person may file a petition to decline | 6 | | issuance of the MDDP with the court of venue. The court shall | 7 | | admonish the offender of all consequences of declining issuance | 8 | | of the MDDP including, but not limited to, the enhanced | 9 | | penalties for driving while suspended. After being so | 10 | | admonished, the offender shall be permitted, in writing, to | 11 | | execute a notice declining issuance of the MDDP. This notice | 12 | | shall be filed with the court and forwarded by the clerk of the | 13 | | court to the Secretary. The offender may, at any time | 14 | | thereafter, apply to the Secretary for issuance of a MDDP. | 15 | | (a-1) A person issued a MDDP may drive for any purpose and | 16 | | at any time, subject to the rules adopted by the Secretary | 17 | | under subsection (g). The person must, at his or her own | 18 | | expense, drive only vehicles equipped with an ignition | 19 | | interlock device as defined in Section 1-129.1, but in no event | 20 | | shall such person drive a commercial motor vehicle. | 21 | | (a-2) Persons who are issued a MDDP and must drive | 22 | | employer-owned vehicles in the course of their employment | 23 | | duties may seek permission to drive an employer-owned vehicle | 24 | | that does not have an ignition interlock device. The employer | 25 | | shall provide to the Secretary a form, as prescribed by the | 26 | | Secretary, completed by the employer verifying that the |
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| 1 | | employee must drive an employer-owned vehicle in the course of | 2 | | employment. If approved by the Secretary, the form must be in | 3 | | the driver's possession while operating an employer-owner | 4 | | vehicle not equipped with an ignition interlock device. No | 5 | | person may use this exemption to drive a school bus, school | 6 | | vehicle, or a vehicle designed to transport more than 15 | 7 | | passengers. No person may use this exemption to drive an | 8 | | employer-owned motor vehicle that is owned by an entity that is | 9 | | wholly or partially owned by the person holding the MDDP, or by | 10 | | a family member of the person holding the MDDP. No person may | 11 | | use this exemption to drive an employer-owned vehicle that is | 12 | | made available to the employee for personal use. No person may | 13 | | drive the exempted vehicle more than 12 hours per day, 6 days | 14 | | per week.
| 15 | | (a-3) Persons who are issued a MDDP and who must drive a | 16 | | farm tractor to and from a farm, within 50 air miles from the | 17 | | originating farm are exempt from installation of a BAIID on the | 18 | | farm tractor, so long as the farm tractor is being used for the | 19 | | exclusive purpose of conducting farm operations. | 20 | | (b) (Blank). | 21 | | (c) (Blank).
| 22 | | (c-1) If the holder of the MDDP is convicted of or receives | 23 | | court supervision for a violation of Section 6-206.2, 6-303, | 24 | | 11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar | 25 | | provision of a local ordinance or a similar out-of-state | 26 | | offense or is convicted of or receives court supervision for |
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| 1 | | any offense for which alcohol or drugs is an element of the | 2 | | offense and in which a motor vehicle was involved (for an | 3 | | arrest other than the one for which the MDDP is issued), or | 4 | | de-installs the BAIID without prior authorization from the | 5 | | Secretary, the MDDP shall be cancelled. | 6 | | (c-5) If the Secretary determines that the person seeking | 7 | | the MDDP is indigent, the Secretary shall provide the person | 8 | | with a written document as evidence of that determination, and | 9 | | the person shall provide that written document to an ignition | 10 | | interlock device provider. The provider shall install an | 11 | | ignition interlock device on that person's vehicle without | 12 | | charge to the person, and seek reimbursement from the Indigent | 13 | | BAIID Fund.
If the Secretary has deemed an offender indigent, | 14 | | the BAIID provider shall also provide the normal monthly | 15 | | monitoring services and the de-installation without charge to | 16 | | the offender and seek reimbursement from the Indigent BAIID | 17 | | Fund. Any other monetary charges, such as a lockout fee or | 18 | | reset fee, shall be the responsibility of the MDDP holder. A | 19 | | BAIID provider may not seek a security deposit from the | 20 | | Indigent BAIID Fund. | 21 | | (d) MDDP information
shall be available only to the courts, | 22 | | police officers, and the Secretary, except during the actual | 23 | | period the MDDP is valid, during which
time it shall be a | 24 | | public record. | 25 | | (e) (Blank). | 26 | | (f) (Blank). |
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| 1 | | (g) The Secretary shall adopt rules for implementing this | 2 | | Section. The rules adopted shall address issues including, but | 3 | | not limited to: compliance with the requirements of the MDDP; | 4 | | methods for determining compliance with those requirements; | 5 | | the consequences of noncompliance with those requirements; | 6 | | what constitutes a violation of the MDDP; methods for | 7 | | determining indigency; and the duties of a person or entity | 8 | | that supplies the ignition interlock device. | 9 | | (h) The rules adopted under subsection (g) shall provide, | 10 | | at a minimum, that the person is not in compliance with the | 11 | | requirements of the MDDP if he or she: | 12 | | (1) tampers or attempts to tamper with or circumvent | 13 | | the proper operation of the ignition interlock device; | 14 | | (2) provides valid breath samples that register blood | 15 | | alcohol levels in excess of the number of times allowed | 16 | | under the rules; | 17 | | (3) fails to provide evidence sufficient to satisfy the | 18 | | Secretary that the ignition interlock device has been | 19 | | installed in the designated vehicle or vehicles; or | 20 | | (4) fails to follow any other applicable rules adopted | 21 | | by the Secretary. | 22 | | (i) Any person or entity that supplies an ignition | 23 | | interlock device as provided under this Section shall, in | 24 | | addition to supplying only those devices which fully comply | 25 | | with all the rules adopted under subsection (g), provide the | 26 | | Secretary, within 7 days of inspection, all monitoring reports |
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| 1 | | of each person who has had an ignition interlock device | 2 | | installed. These reports shall be furnished in a manner or form | 3 | | as prescribed by the Secretary. | 4 | | (j) Upon making a determination that a violation of the | 5 | | requirements of the MDDP has occurred, the Secretary shall | 6 | | extend the summary suspension period for an additional 3 months | 7 | | beyond the originally imposed summary suspension period, | 8 | | during which time the person shall only be allowed to drive | 9 | | vehicles equipped with an ignition interlock device; provided | 10 | | further there are no limitations on the total number of times | 11 | | the summary suspension may be extended. The Secretary may, | 12 | | however, limit the number of extensions imposed for violations | 13 | | occurring during any one monitoring period, as set forth by | 14 | | rule. Any person whose summary suspension is extended pursuant | 15 | | to this Section shall have the right to contest the extension | 16 | | through a hearing with the Secretary, pursuant to Section 2-118 | 17 | | of this Code. If the summary suspension has already terminated | 18 | | prior to the Secretary receiving the monitoring report that | 19 | | shows a violation, the Secretary shall be authorized to suspend | 20 | | the person's driving privileges for 3 months, provided that the | 21 | | Secretary may, by rule, limit the number of suspensions to be | 22 | | entered pursuant to this paragraph for violations occurring | 23 | | during any one monitoring period. Any person whose license is | 24 | | suspended pursuant to this paragraph, after the summary | 25 | | suspension had already terminated, shall have the right to | 26 | | contest the suspension through a hearing with the Secretary, |
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| 1 | | pursuant to Section 2-118 of this Code. The only permit the | 2 | | person shall be eligible for during this new suspension period | 3 | | is a MDDP. | 4 | | (k) A person who has had his or her summary suspension | 5 | | extended for the third time, or has any combination of 3 | 6 | | extensions and new suspensions, entered as a result of a | 7 | | violation that occurred while holding the MDDP, so long as the | 8 | | extensions and new suspensions relate to the same summary | 9 | | suspension, shall have his or her vehicle impounded for a | 10 | | period of 30 days, at the person's own expense. A person who | 11 | | has his or her summary suspension extended for the fourth time, | 12 | | or has any combination of 4 extensions and new suspensions, | 13 | | entered as a result of a violation that occurred while holding | 14 | | the MDDP, so long as the extensions and new suspensions relate | 15 | | to the same summary suspension, shall have his or her vehicle | 16 | | subject to seizure and forfeiture. The Secretary shall notify | 17 | | the prosecuting authority of any third or fourth extensions or | 18 | | new suspension entered as a result of a violation that occurred | 19 | | while the person held a MDDP. Upon receipt of the notification, | 20 | | the prosecuting authority shall impound or forfeit the vehicle. | 21 | | The impoundment or forfeiture of a vehicle shall be conducted | 22 | | pursuant to the procedure specified in Article 36 of the | 23 | | Criminal Code of 2012. | 24 | | (l) A person whose driving privileges have been suspended | 25 | | under Section 11-501.1 of this Code and who had a MDDP that was | 26 | | cancelled, or would have been cancelled had notification of a |
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| 1 | | violation been received prior to expiration of the MDDP, | 2 | | pursuant to subsection (c-1) of this Section, shall not be | 3 | | eligible for reinstatement when the summary suspension is | 4 | | scheduled to terminate. Instead, the person's driving | 5 | | privileges shall be suspended for a period of not less than | 6 | | twice the original summary suspension period, or for the length | 7 | | of any extensions entered under subsection (j), whichever is | 8 | | longer. During the period of suspension, the person shall be | 9 | | eligible only to apply for a restricted driving permit. If a | 10 | | restricted driving permit is granted, the offender may only | 11 | | operate vehicles equipped with a BAIID in accordance with this | 12 | | Section. | 13 | | (m) Any person or entity that supplies an ignition | 14 | | interlock device under this Section shall, for each ignition | 15 | | interlock device installed, pay 5% of the total gross revenue | 16 | | received for the device, including monthly monitoring fees, | 17 | | into the Indigent BAIID Fund. This 5% shall be clearly | 18 | | indicated as a separate surcharge on each invoice that is | 19 | | issued. The Secretary shall conduct an annual review of the | 20 | | fund to determine whether the surcharge is sufficient to | 21 | | provide for indigent users. The Secretary may increase or | 22 | | decrease this surcharge requirement as needed. | 23 | | (n) Any person or entity that supplies an ignition | 24 | | interlock device under this Section that is requested to | 25 | | provide an ignition interlock device to a person who presents | 26 | | written documentation of indigency from the Secretary, as |
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| 1 | | provided in subsection (c-5) of this Section, shall install the | 2 | | device on the person's vehicle without charge to the person and | 3 | | shall seek reimbursement from the Indigent BAIID Fund. | 4 | | (o) The Indigent BAIID Fund is created as a special fund in | 5 | | the State treasury. The Secretary shall, subject to | 6 | | appropriation by the General Assembly, use all money in the | 7 | | Indigent BAIID Fund to reimburse ignition interlock device | 8 | | providers who have installed devices in vehicles of indigent | 9 | | persons. The Secretary shall make payments to such providers | 10 | | every 3 months. If the amount of money in the fund at the time | 11 | | payments are made is not sufficient to pay all requests for | 12 | | reimbursement submitted during that 3 month period, the | 13 | | Secretary shall make payments on a pro-rata basis, and those | 14 | | payments shall be considered payment in full for the requests | 15 | | submitted. | 16 | | (p) The Monitoring Device Driving Permit Administration | 17 | | Fee Fund is created as a special fund in the State treasury. | 18 | | The Secretary shall, subject to appropriation by the General | 19 | | Assembly, use the money paid into this fund to offset its | 20 | | administrative costs for administering MDDPs.
| 21 | | (q) The Secretary is authorized to prescribe such forms as | 22 | | it deems necessary to carry out the provisions of this Section. | 23 | | (Source: P.A. 97-229; 97-813, eff. 7-13-12; 97-1150, eff. | 24 | | 1-25-13; 98-122, eff. 1-1-14.) | 25 | | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) |
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| 1 | | (Text of Section from P.A. 96-1526 and 98-122) | 2 | | Sec. 6-208.1. Period of statutory summary alcohol, other | 3 | | drug,
or intoxicating compound related suspension or | 4 | | revocation . | 5 | | (a) Unless the statutory summary suspension has been | 6 | | rescinded, any
person whose privilege to drive a motor vehicle | 7 | | on the public highways has
been summarily suspended, pursuant | 8 | | to Section 11-501.1, shall not be
eligible for restoration of | 9 | | the privilege until the expiration of: | 10 | | 1. Twelve months from the effective date of the | 11 | | statutory summary suspension
for a refusal or failure to | 12 | | complete a test or tests authorized under
Section 11-501.1 , | 13 | | if the person was not involved in a motor vehicle accident | 14 | | that caused personal injury or death to another ; or | 15 | | 2. Six months from the effective date of the statutory | 16 | | summary
suspension imposed following the person's | 17 | | submission to a chemical test
which disclosed an alcohol | 18 | | concentration of 0.08 or more, or any
amount
of a
drug, | 19 | | substance, or intoxicating compound in such person's
| 20 | | breath, blood, or
urine resulting
from the unlawful use or | 21 | | consumption of cannabis listed in the Cannabis
Control Act, | 22 | | a controlled substance listed in the Illinois
Controlled
| 23 | | Substances Act, an intoxicating compound listed in the Use | 24 | | of Intoxicating
Compounds Act, or methamphetamine as | 25 | | listed in the Methamphetamine Control and Community | 26 | | Protection Act, pursuant to Section 11-501.1; or |
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| 1 | | 3. Three years from the effective date of the statutory | 2 | | summary suspension
for any person other than a first | 3 | | offender who refuses or fails to
complete a test or tests | 4 | | to determine the alcohol, drug, or
intoxicating
compound | 5 | | concentration
pursuant to Section 11-501.1; or | 6 | | 4. One year from the effective date of the summary | 7 | | suspension imposed
for any person other than a first | 8 | | offender following submission to a
chemical test which | 9 | | disclosed an alcohol concentration of 0.08 or
more
pursuant | 10 | | to Section 11-501.1 or any amount of a drug, substance or
| 11 | | compound in such person's blood or urine resulting from the | 12 | | unlawful use or
consumption of cannabis listed in the | 13 | | Cannabis Control Act, a
controlled
substance listed in the | 14 | | Illinois Controlled Substances Act, an
intoxicating
| 15 | | compound listed in the Use of Intoxicating Compounds Act, | 16 | | or methamphetamine as listed in the Methamphetamine | 17 | | Control and Community Protection Act; or | 18 | | 5. Six months from the effective date of the statutory | 19 | | summary suspension imposed for any person following | 20 | | submission to a standardized field sobriety test that | 21 | | disclosed impairment if the person is a qualifying patient | 22 | | licensed under the Compassionate Use of Medical Cannabis | 23 | | Pilot Program Act who is in possession of a valid registry | 24 | | card issued under that Act and submitted to testing under | 25 | | subsection (a-5) of Section 11-501.1. | 26 | | (b) Following a statutory summary suspension of the |
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| 1 | | privilege to drive a
motor vehicle under Section 11-501.1, | 2 | | driving privileges shall be
restored unless the person is | 3 | | otherwise suspended, revoked, or cancelled by this Code. If
the | 4 | | court has reason to believe that the person's
driving privilege | 5 | | should not be restored, the court shall notify
the Secretary of | 6 | | State prior to the expiration of the statutory summary
| 7 | | suspension so appropriate action may be taken pursuant to this | 8 | | Code. | 9 | | (c) Driving privileges may not be restored until all | 10 | | applicable
reinstatement fees, as provided by this Code, have | 11 | | been paid to the Secretary
of State and the appropriate entry | 12 | | made to the driver's record. | 13 | | (d) Where a driving privilege has been summarily suspended | 14 | | or revoked under Section
11-501.1 and the person is | 15 | | subsequently convicted of violating Section
11-501, or a | 16 | | similar provision of a local ordinance, for the same incident,
| 17 | | any period served on statutory summary suspension or revocation | 18 | | shall be credited toward
the minimum period of revocation of | 19 | | driving privileges imposed pursuant to
Section 6-205. | 20 | | (e) A first offender who refused chemical testing and whose | 21 | | driving privileges were summarily revoked pursuant to Section | 22 | | 11-501.1 shall not be eligible for a monitoring device driving | 23 | | permit, but may make application for reinstatement or for a | 24 | | restricted driving permit after a period of one year has | 25 | | elapsed from the effective date of the revocation (Blank) . | 26 | | (f) (Blank). |
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| 1 | | (g) Following a statutory summary suspension of driving | 2 | | privileges
pursuant to Section 11-501.1 where the person was | 3 | | not a first offender, as
defined in Section 11-500, the | 4 | | Secretary of State may not issue a
restricted driving permit. | 5 | | (h) (Blank). | 6 | | (Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876, | 7 | | eff. 8-21-08; 96-1526, eff. 2-14-11; 98-122, eff. 1-1-14.) | 8 | | (Text of Section from P.A. 96-1344, 97-229, and 98-122) | 9 | | Sec. 6-208.1. Period of statutory summary alcohol, other | 10 | | drug,
or intoxicating compound related suspension or | 11 | | revocation. | 12 | | (a) Unless the statutory summary suspension has been | 13 | | rescinded, any
person whose privilege to drive a motor vehicle | 14 | | on the public highways has
been summarily suspended, pursuant | 15 | | to Section 11-501.1, shall not be
eligible for restoration of | 16 | | the privilege until the expiration of: | 17 | | 1. Twelve months from the effective date of the | 18 | | statutory summary suspension
for a refusal or failure to | 19 | | complete a test or tests authorized under
Section 11-501.1, | 20 | | if the person was not involved in a motor vehicle accident | 21 | | crash that caused personal injury or death to another; or | 22 | | 2. Six months from the effective date of the statutory | 23 | | summary
suspension imposed following the person's | 24 | | submission to a chemical test
which disclosed an alcohol | 25 | | 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; or | 26 | | 5. Six months from the effective date of the statutory |
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| 1 | | summary suspension imposed for any person following | 2 | | submission to a standardized field sobriety test that | 3 | | disclosed impairment if the person is a qualifying patient | 4 | | licensed under the Compassionate Use of Medical Cannabis | 5 | | Pilot Program Act who is in possession of a valid registry | 6 | | card issued under that Act and submitted to testing under | 7 | | subsection (a-5) of Section 11-501.1. | 8 | | (a-1) Unless the statutory summary revocation has been | 9 | | rescinded, any person whose privilege to drive has been | 10 | | summarily revoked pursuant to Section 11-501.1 may not make | 11 | | application for a license or permit until the expiration of one | 12 | | year from the effective date of the summary revocation. | 13 | | (b) Following a statutory summary suspension of the | 14 | | privilege to drive a
motor vehicle under Section 11-501.1, | 15 | | driving privileges shall be
restored unless the person is | 16 | | otherwise suspended, revoked, or cancelled by this Code. If
the | 17 | | court has reason to believe that the person's
driving privilege | 18 | | should not be restored, the court shall notify
the Secretary of | 19 | | State prior to the expiration of the statutory summary
| 20 | | suspension so appropriate action may be taken pursuant to this | 21 | | Code. | 22 | | (c) Driving privileges may not be restored until all | 23 | | applicable
reinstatement fees, as provided by this Code, have | 24 | | been paid to the Secretary
of State and the appropriate entry | 25 | | made to the driver's record. | 26 | | (d) Where a driving privilege has been summarily suspended |
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| 1 | | or revoked under Section
11-501.1 and the person is | 2 | | subsequently convicted of violating Section
11-501, or a | 3 | | similar provision of a local ordinance, for the same incident,
| 4 | | any period served on statutory summary suspension or revocation | 5 | | shall be credited toward
the minimum period of revocation of | 6 | | driving privileges imposed pursuant to
Section 6-205. | 7 | | (e) Following a statutory summary suspension of driving | 8 | | privileges
pursuant to Section 11-501.1, for a first offender, | 9 | | the circuit court shall, unless the offender has opted in | 10 | | writing not to have a monitoring device driving permit issued, | 11 | | order the Secretary of State to issue a monitoring device | 12 | | driving permit as provided in Section 6-206.1. A monitoring | 13 | | device driving permit shall not be effective prior to the 31st | 14 | | day of the statutory summary suspension. A first offender who | 15 | | refused chemical testing and whose driving privileges were | 16 | | summarily revoked pursuant to Section 11-501.1 shall not be | 17 | | eligible for a monitoring device driving permit, but may make | 18 | | application for reinstatement or for a restricted driving | 19 | | permit after a period of one year has elapsed from the | 20 | | effective date of the revocation. | 21 | | (f) (Blank). | 22 | | (g) Following a statutory summary suspension of driving | 23 | | privileges
pursuant to Section 11-501.1 where the person was | 24 | | not a first offender, as
defined in Section 11-500, the | 25 | | Secretary of State may not issue a
restricted driving permit. | 26 | | (h) (Blank). |
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| 1 | | (Source: P.A. 96-1344, eff. 7-1-11; 97-229, eff. 7-28-11; | 2 | | 98-122, eff. 1-1-14.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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