Full Text of SB1433 097th 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 |
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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, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 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 | 9 | | drug,
or intoxicating compound related suspension. | 10 | | (a) Unless the
the statutory summary suspension has been | 11 | | rescinded, any
person whose privilege to drive a motor vehicle | 12 | | on the public highways has
been summarily suspended, pursuant | 13 | | to Section 11-501.1, shall not be
eligible for restoration of | 14 | | the 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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| 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 | | under Section
11-501.1 and the person is subsequently convicted | 15 | | of violating Section
11-501, or a similar provision of a local | 16 | | ordinance, for the same incident,
any period served on | 17 | | statutory summary suspension shall be credited toward
the | 18 | | minimum period of revocation of driving privileges imposed | 19 | | pursuant to
Section 6-205.
| 20 | | (e) Following a statutory summary suspension of driving | 21 | | privileges
pursuant to Section 11-501.1, for a first offender, | 22 | | the circuit court shall, unless the offender has opted in | 23 | | writing not to have a monitoring device driving permit issued, | 24 | | order the Secretary of State to issue a monitoring device | 25 | | driving permit as provided in Section 6-206.1. A monitoring | 26 | | device driving permit shall not be effective prior to the 31st |
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| 1 | | day of the statutory summary suspension.
| 2 | | (f) (Blank).
| 3 | | (g) Following a statutory summary suspension of driving | 4 | | privileges
pursuant to Section 11-501.1 where the person was | 5 | | not a first offender, as
defined in Section 11-500, the | 6 | | Secretary 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, | 9 | | eff. 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 | 12 | | drug,
or intoxicating compound related suspension or | 13 | | revocation. | 14 | | (a) Unless the the statutory summary suspension has been | 15 | | rescinded, any
person whose privilege to drive a motor vehicle | 16 | | on the public highways has
been summarily suspended, pursuant | 17 | | to Section 11-501.1, shall not be
eligible for restoration of | 18 | | the 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 | 4 | | rescinded, any person whose privilege to drive has been | 5 | | summarily revoked pursuant to Section 11-501.1 may not make | 6 | | application for a license or permit until the expiration of one | 7 | | year from the effective date of the summary revocation. | 8 | | (b) Following a statutory summary suspension of the | 9 | | privilege to drive a
motor vehicle under Section 11-501.1, | 10 | | driving privileges shall be
restored unless the person is | 11 | | otherwise suspended, revoked, or cancelled by this Code. If
the | 12 | | court has reason to believe that the person's
driving privilege | 13 | | should not be restored, the court shall notify
the Secretary of | 14 | | State prior to the expiration of the statutory summary
| 15 | | suspension so appropriate action may be taken pursuant to this | 16 | | Code. | 17 | | (c) Driving privileges may not be restored until all | 18 | | applicable
reinstatement fees, as provided by this Code, have | 19 | | been paid to the Secretary
of State and the appropriate entry | 20 | | made to the driver's record. | 21 | | (d) Where a driving privilege has been summarily suspended | 22 | | or revoked under Section
11-501.1 and the person is | 23 | | subsequently convicted of violating Section
11-501, or a | 24 | | similar provision of a local ordinance, for the same incident,
| 25 | | any period served on statutory summary suspension or revocation | 26 | | shall be credited toward
the minimum period of revocation of |
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| 1 | | driving privileges imposed pursuant to
Section 6-205. | 2 | | (e) Following a statutory summary suspension of driving | 3 | | privileges
pursuant to Section 11-501.1, for a first offender, | 4 | | the circuit court shall, unless the offender has opted in | 5 | | writing not to have a monitoring device driving permit issued, | 6 | | order the Secretary of State to issue a monitoring device | 7 | | driving permit as provided in Section 6-206.1. A monitoring | 8 | | device driving permit shall not be effective prior to the 31st | 9 | | day of the statutory summary suspension. A first offender who | 10 | | refused chemical testing and whose driving privileges were | 11 | | summarily revoked pursuant to Section 11-501.1 shall not be | 12 | | eligible for any type of driving permit or privilege during the | 13 | | summary revocation. | 14 | | (f) (Blank). | 15 | | (g) Following a statutory summary suspension of driving | 16 | | privileges
pursuant to Section 11-501.1 where the person was | 17 | | not a first offender, as
defined in Section 11-500, the | 18 | | Secretary 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, | 21 | | eff. 8-21-08; 96-1344, eff. 7-1-11.) | 22 | | Section 95. No acceleration or delay. Where this Act makes | 23 | | changes in a statute that is represented in this Act by text | 24 | | that is not yet or no longer in effect (for example, a Section | 25 | | represented by multiple versions), the use of that text does |
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| 1 | | not accelerate or delay the taking effect of (i) the changes | 2 | | made by this Act or (ii) provisions derived from any other | 3 | | Public Act. |
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