Full Text of HB1082 094th General Assembly
HB1082 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1082
Introduced 02/08/05, by Rep. William Davis SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/6-208.1 |
from Ch. 95 1/2, par. 6-208.1 |
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Amends the Illinois Vehicle Code. Increases from 6 months to one year the term of a statutory summary suspension of driving privileges for failure or refusal to complete a test or tests to determine alcohol, drug, or intoxicating compound concentration.
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A BILL FOR
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HB1082 |
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LRB094 05185 DRH 35227 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 6-208.1 as follows:
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| (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
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| Sec. 6-208.1. Period of statutory summary alcohol, other | 8 |
| drug,
or intoxicating compound related suspension.
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| (a) Unless the statutory summary suspension has been | 10 |
| rescinded, any
person whose privilege to drive a motor vehicle | 11 |
| on the public highways has
been summarily suspended, pursuant | 12 |
| to Section 11-501.1, shall not be
eligible for restoration of | 13 |
| the privilege until the expiration of:
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| 1. One year
Six months from the effective date of the | 15 |
| statutory summary suspension
for a refusal or failure to | 16 |
| complete a test or tests to determine the
alcohol, drug, or | 17 |
| intoxicating compound concentration, pursuant
to
Section | 18 |
| 11-501.1; or
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| 2. Three months from the effective date of the | 20 |
| statutory summary
suspension imposed following the | 21 |
| person's submission to a chemical test
which disclosed an | 22 |
| alcohol concentration of 0.08 or more, or any
amount
of a
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| drug, substance, or intoxicating compound in such person's
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| breath, blood, or
urine resulting
from the unlawful use or | 25 |
| consumption of cannabis listed in the Cannabis
Control Act, | 26 |
| a controlled substance listed in the Illinois
Controlled
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| Substances Act, or an intoxicating compound listed in the | 28 |
| Use of Intoxicating
Compounds Act, pursuant to Section | 29 |
| 11-501.1; or
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| 3. Three years from the effective date of the statutory | 31 |
| summary suspension
for any person other than a first | 32 |
| offender who refuses or fails to
complete a test or tests |
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HB1082 |
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LRB094 05185 DRH 35227 b |
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| to determine the alcohol, drug, or
intoxicating
compound | 2 |
| concentration
pursuant to Section 11-501.1; or
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| 4. One year from the effective date of the summary | 4 |
| suspension imposed
for any person other than a first | 5 |
| offender following submission to a
chemical test which | 6 |
| disclosed an alcohol concentration of 0.08 or
more
pursuant | 7 |
| to Section 11-501.1 or any amount of a drug, substance or
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| compound in such person's blood or urine resulting from the | 9 |
| unlawful use or
consumption of cannabis listed in the | 10 |
| Cannabis Control Act, a
controlled
substance listed in the | 11 |
| Illinois Controlled Substances Act, or an
intoxicating
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| compound listed in the Use of Intoxicating Compounds Act.
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| (b) Following a statutory summary suspension of the | 14 |
| privilege to drive a
motor vehicle under Section 11-501.1, full | 15 |
| driving privileges shall be
restored unless the person is | 16 |
| otherwise disqualified by this Code. If
the court has reason to | 17 |
| believe that the person's
driving privilege should not be | 18 |
| restored, the court shall notify
the Secretary of State prior | 19 |
| to the expiration of the statutory summary
suspension so | 20 |
| appropriate action may be taken pursuant to this Code.
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| (c) Full driving privileges may not be restored until all | 22 |
| applicable
reinstatement fees, as provided by this Code, have | 23 |
| been paid to the Secretary
of State and the appropriate entry | 24 |
| made to the driver's record.
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| (d) Where a driving privilege has been summarily suspended | 26 |
| under Section
11-501.1 and the person is subsequently convicted | 27 |
| of violating Section
11-501, or a similar provision of a local | 28 |
| ordinance, for the same incident,
any period served on | 29 |
| statutory summary suspension shall be credited toward
the | 30 |
| minimum period of revocation of driving privileges imposed | 31 |
| pursuant to
Section 6-205.
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| (e) Following a statutory summary suspension of driving | 33 |
| privileges
pursuant to Section 11-501.1, for a first offender, | 34 |
| the circuit court may,
after at least 30 days from the | 35 |
| effective date of the statutory summary
suspension, issue a | 36 |
| judicial driving permit as provided in Section 6-206.1.
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HB1082 |
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LRB094 05185 DRH 35227 b |
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| (f) Subsequent to an arrest of a first offender, for any | 2 |
| offense as
defined in Section 11-501 or a similar provision of | 3 |
| a local ordinance,
following a statutory summary suspension of | 4 |
| driving privileges pursuant to
Section 11-501.1, for a first | 5 |
| offender, the circuit court may issue a court
order directing | 6 |
| the Secretary of State to issue a judicial driving permit
as | 7 |
| provided in Section 6-206.1. However, this JDP shall not be | 8 |
| effective
prior to the 31st day of the statutory summary | 9 |
| suspension.
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| (g) Following a statutory summary suspension of driving | 11 |
| privileges
pursuant to Section 11-501.1 where the person was | 12 |
| not a first offender, as
defined in Section 11-500, the | 13 |
| Secretary of State may not issue a
restricted driving permit.
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| (h) (Blank).
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| (Source: P.A. 91-357, eff. 7-29-99; 92-248, eff. 8-3-01.)
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