Full Text of SB1460 97th General Assembly
SB1460 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1460 Introduced 2/9/2011, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-206.1 | from Ch. 95 1/2, par. 6-206.1 |
| Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning monitoring device driving permits.
|
| |
| | A BILL FOR |
|
| | | SB1460 | | LRB097 06969 HEP 47062 b |
|
| 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 6-206.1 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 | | the
State of Illinois that the driver who is impaired by | 10 | | alcohol, other drug or
drugs, or intoxicating compound or | 11 | | compounds is a
threat to the public safety and welfare. | 12 | | Therefore, to
provide a deterrent to such practice, a statutory | 13 | | summary driver's license suspension is appropriate.
It is also | 14 | | recognized that driving is a privilege and therefore, that the | 15 | | granting of driving privileges, in a manner consistent with | 16 | | public
safety, is warranted during the period of suspension in | 17 | | the form of a monitoring device driving permit. A person who | 18 | | drives and fails to comply with the requirements of the | 19 | | monitoring device driving permit commits a violation of Section | 20 | | 6-303 of this Code. | 21 | | The following procedures shall apply whenever
a first | 22 | | offender is arrested for any offense as defined in Section | 23 | | 11-501
or a similar provision of a local ordinance:
|
| | | SB1460 | - 2 - | LRB097 06969 HEP 47062 b |
|
| 1 | | (a) Subsequent to a notification of a statutory summary | 2 | | suspension of
driving privileges as provided in Section | 3 | | 11-501.1, the court, after informing the first offender, as | 4 | | defined in Section 11-500, of his or her right to a monitoring | 5 | | device driving permit, hereinafter referred to as a MDDP, and | 6 | | of the obligations of the MDDP, shall enter an order directing | 7 | | the Secretary of State (hereinafter referred to as the | 8 | | Secretary) to issue a MDDP to the offender, unless the offender | 9 | | has opted, in writing, not to have a MDDP issued. After opting | 10 | | out of having a MDDP issued, at any time during the summary | 11 | | suspension, the offender may petition the court for an order | 12 | | directing the Secretary to issue a MDDP. However, the court | 13 | | shall not enter the order directing the Secretary to issue the | 14 | | MDDP, in any instance, if the court finds:
| 15 | | (1) The offender's driver's license is otherwise | 16 | | invalid; | 17 | | (2) Death or great bodily harm resulted from the arrest | 18 | | for Section 11-501; | 19 | | (3) That the offender has been previously convicted of | 20 | | reckless homicide or aggravated driving under the | 21 | | influence involving death; or | 22 | | (4) That the offender is less than 18 years of age. | 23 | | Any court order for a MDDP shall order the person to pay | 24 | | the Secretary a MDDP Administration Fee in an amount not to | 25 | | exceed $30 per month, to be deposited into the Monitoring | 26 | | Device Driving Permit Administration Fee Fund. The Secretary |
| | | SB1460 | - 3 - | LRB097 06969 HEP 47062 b |
|
| 1 | | shall establish by rule the amount and the procedures, terms, | 2 | | and conditions relating to these fees. The order shall further | 3 | | specify that the offender must have an ignition interlock | 4 | | device installed within 14 days of the date the Secretary | 5 | | issues the MDDP. The ignition interlock device provider must | 6 | | notify the Secretary, in a manner and form prescribed by the | 7 | | Secretary, of the installation. If the Secretary does not | 8 | | receive notice of installation, the Secretary shall cancel the | 9 | | MDDP.
| 10 | | A MDDP shall not become effective prior to the 31st
day of | 11 | | the original statutory summary suspension.
| 12 | | (a-1) A person issued a MDDP may drive for any purpose and | 13 | | at any time, subject to the rules adopted by the Secretary | 14 | | under subsection (g). The person must, at his or her own | 15 | | expense, drive only vehicles equipped with an ignition | 16 | | interlock device as defined in Section 1-129.1, but in no event | 17 | | shall such person drive a commercial motor vehicle. | 18 | | (a-2) Persons who are issued a MDDP and must drive | 19 | | employer-owned vehicles in the course of their employment | 20 | | duties may seek permission to drive an employer-owned vehicle | 21 | | that does not have an ignition interlock device. The employer | 22 | | shall provide to the Secretary a form, as prescribed by the | 23 | | Secretary, completed by the employer verifying that the | 24 | | employee must drive an employer-owned vehicle in the course of | 25 | | employment. If approved by the Secretary, the form must be in | 26 | | the driver's possession while operating an employer-owner |
| | | SB1460 | - 4 - | LRB097 06969 HEP 47062 b |
|
| 1 | | vehicle not equipped with an ignition interlock device. No | 2 | | person may use this exemption to drive a school bus, school | 3 | | vehicle, or a vehicle designed to transport more than 15 | 4 | | passengers. No person may use this exemption to drive an | 5 | | employer-owned motor vehicle that is owned by an entity that is | 6 | | wholly or partially owned by the person holding the MDDP, or by | 7 | | a family member of the person holding the MDDP. No person may | 8 | | use this exemption to drive an employer-owned vehicle that is | 9 | | made available to the employee for personal use. No person may | 10 | | drive the exempted vehicle more than 12 hours per day, 6 days | 11 | | per week.
| 12 | | (b) (Blank).
| 13 | | (c) (Blank).
| 14 | | (c-1) If the holder of the MDDP is convicted of or receives | 15 | | court supervision for a violation of Section 6-206.2, 6-303, | 16 | | 11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar | 17 | | provision of a local ordinance or a similar out-of-state | 18 | | offense or is convicted of or receives court supervision for | 19 | | any offense for which alcohol or drugs is an element of the | 20 | | offense and in which a motor vehicle was involved (for an | 21 | | arrest other than the one for which the MDDP is issued), or | 22 | | de-installs the BAIID without prior authorization from the | 23 | | Secretary, the MDDP shall be cancelled.
| 24 | | (c-5) If the court determines that the person seeking the | 25 | | MDDP is indigent, the court shall provide the person with a | 26 | | written document, in a form prescribed by the Secretary, as |
| | | SB1460 | - 5 - | LRB097 06969 HEP 47062 b |
|
| 1 | | evidence of that determination, and the person shall provide | 2 | | that written document to an ignition interlock device provider. | 3 | | The provider shall install an ignition interlock device on that | 4 | | person's vehicle without charge to the person, and seek | 5 | | reimbursement from the Indigent BAIID Fund.
If the court has | 6 | | deemed an offender indigent, the BAIID provider shall also | 7 | | provide the normal monthly monitoring services and the | 8 | | de-installation without charge to the offender and seek | 9 | | reimbursement from the Indigent BAIID Fund. Any other monetary | 10 | | charges, such as a lockout fee or reset fee, shall be the | 11 | | responsibility of the MDDP holder. A BAIID provider may not | 12 | | seek a security deposit from the Indigent BAIID Fund. The court | 13 | | shall also forward a copy of the indigent determination to the | 14 | | Secretary, in a manner and form as prescribed by the Secretary. | 15 | | (d) The Secretary shall, upon receiving a court order, | 16 | | issue a MDDP to a person who applies for a MDDP under this
| 17 | | Section. Such court order shall contain the name, driver's
| 18 | | license number, and legal address of the applicant. This | 19 | | information
shall be available only to the courts, police | 20 | | officers, and the Secretary, except during the actual period | 21 | | the MDDP is valid, during which
time it shall be a public | 22 | | record. The Secretary shall design and
furnish to the courts an | 23 | | official court order form to be used by the courts
when | 24 | | directing the Secretary to issue a MDDP.
| 25 | | Any submitted court order that contains insufficient data | 26 | | or fails to
comply with this Code shall not be utilized for |
| | | SB1460 | - 6 - | LRB097 06969 HEP 47062 b |
|
| 1 | | MDDP issuance or entered to
the driver record but shall be | 2 | | returned to the issuing court indicating why
the MDDP cannot be | 3 | | so entered. A notice of this action shall also be sent
to the | 4 | | MDDP applicant by the Secretary.
| 5 | | (e) (Blank).
| 6 | | (f) (Blank).
| 7 | | (g) The Secretary shall adopt rules for implementing this | 8 | | Section. The rules adopted shall address issues including, but | 9 | | not limited to: compliance with the requirements of the MDDP; | 10 | | methods for determining compliance with those requirements; | 11 | | the consequences of noncompliance with those requirements; | 12 | | what constitutes a violation of the MDDP; and the duties of a | 13 | | person or entity that supplies the ignition interlock device. | 14 | | (h) The rules adopted under subsection (g) shall provide, | 15 | | at a minimum, that the person is not in compliance with the | 16 | | requirements of the MDDP if he or she: | 17 | | (1) tampers or attempts to tamper with or circumvent | 18 | | the proper operation of the ignition interlock device; | 19 | | (2) provides valid breath samples that register blood | 20 | | alcohol levels in excess of the number of times allowed | 21 | | under the rules; | 22 | | (3) fails to provide evidence sufficient to satisfy the | 23 | | Secretary that the ignition interlock device has been | 24 | | installed in the designated vehicle or vehicles; or | 25 | | (4) fails to follow any other applicable rules adopted | 26 | | by the Secretary. |
| | | SB1460 | - 7 - | LRB097 06969 HEP 47062 b |
|
| 1 | | (i) Any person or entity that supplies an ignition | 2 | | interlock device as provided under this Section shall, in | 3 | | addition to supplying only those devices which fully comply | 4 | | with all the rules adopted under subsection (g), provide the | 5 | | Secretary, within 7 days of inspection, all monitoring reports | 6 | | of each person who has had an ignition interlock device | 7 | | installed. These reports shall be furnished in a manner or form | 8 | | as prescribed by the Secretary. | 9 | | (j) Upon making a determination that a violation of the | 10 | | requirements of the MDDP has occurred, the Secretary shall | 11 | | extend the summary suspension period for an additional 3 months | 12 | | beyond the originally imposed summary suspension period, | 13 | | during which time the person shall only be allowed to drive | 14 | | vehicles equipped with an ignition interlock device; provided | 15 | | further there are no limitations on the total number of times | 16 | | the summary suspension may be extended. The Secretary may, | 17 | | however, limit the number of extensions imposed for violations | 18 | | occurring during any one monitoring period, as set forth by | 19 | | rule. Any person whose summary suspension is extended pursuant | 20 | | to this Section shall have the right to contest the extension | 21 | | through a hearing with the Secretary, pursuant to Section 2-118 | 22 | | of this Code. If the summary suspension has already terminated | 23 | | prior to the Secretary receiving the monitoring report that | 24 | | shows a violation, the Secretary shall be authorized to suspend | 25 | | the person's driving privileges for 3 months, provided that the | 26 | | Secretary may, by rule, limit the number of suspensions to be |
| | | SB1460 | - 8 - | LRB097 06969 HEP 47062 b |
|
| 1 | | entered pursuant to this paragraph for violations occurring | 2 | | during any one monitoring period. Any person whose license is | 3 | | suspended pursuant to this paragraph, after the summary | 4 | | suspension had already terminated, shall have the right to | 5 | | contest the suspension through a hearing with the Secretary, | 6 | | pursuant to Section 2-118 of this Code. The only permit the | 7 | | person shall be eligible for during this new suspension period | 8 | | is a MDDP. | 9 | | (k) A person who has had his or her summary suspension | 10 | | extended for the third time, or has any combination of 3 | 11 | | extensions and new suspensions, entered as a result of a | 12 | | violation that occurred while holding the MDDP, so long as the | 13 | | extensions and new suspensions relate to the same summary | 14 | | suspension, shall have his or her vehicle impounded for a | 15 | | period of 30 days, at the person's own expense. A person who | 16 | | has his or her summary suspension extended for the fourth time, | 17 | | or has any combination of 4 extensions and new suspensions, | 18 | | entered as a result of a violation that occurred while holding | 19 | | the MDDP, so long as the extensions and new suspensions relate | 20 | | to the same summary suspension, shall have his or her vehicle | 21 | | subject to seizure and forfeiture. The Secretary shall notify | 22 | | the prosecuting authority of any third or fourth extensions or | 23 | | new suspension entered as a result of a violation that occurred | 24 | | while the person held a MDDP. Upon receipt of the notification, | 25 | | the prosecuting authority shall impound or forfeit the vehicle. | 26 | | (l) A person whose driving privileges have been suspended |
| | | SB1460 | - 9 - | LRB097 06969 HEP 47062 b |
|
| 1 | | under Section 11-501.1 of this Code and who had a MDDP that was | 2 | | cancelled, or would have been cancelled had notification of a | 3 | | violation been received prior to expiration of the MDDP, | 4 | | pursuant to subsection (c-1) of this Section, shall not be | 5 | | eligible for reinstatement when the summary suspension is | 6 | | scheduled to terminate. Instead, the person's driving | 7 | | privileges shall be suspended for a period of not less than | 8 | | twice the original summary suspension period, or for the length | 9 | | of any extensions entered under subsection (j), whichever is | 10 | | longer. During the period of suspension, the person shall be | 11 | | eligible only to apply for a restricted driving permit. If a | 12 | | restricted driving permit is granted, the offender may only | 13 | | operate vehicles equipped with a BAIID in accordance with this | 14 | | Section. | 15 | | (m) Any person or entity that supplies an ignition | 16 | | interlock device under this Section shall, for each ignition | 17 | | interlock device installed, pay 5% of the total gross revenue | 18 | | received for the device, including monthly monitoring fees, | 19 | | into the Indigent BAIID Fund. This 5% shall be clearly | 20 | | indicated as a separate surcharge on each invoice that is | 21 | | issued. The Secretary shall conduct an annual review of the | 22 | | fund to determine whether the surcharge is sufficient to | 23 | | provide for indigent users. The Secretary may increase or | 24 | | decrease this surcharge requirement as needed. | 25 | | (n) Any person or entity that supplies an ignition | 26 | | interlock device under this Section that is requested to |
| | | SB1460 | - 10 - | LRB097 06969 HEP 47062 b |
|
| 1 | | provide an ignition interlock device to a person who presents | 2 | | written documentation of indigency from the court, as provided | 3 | | in subsection (c-5) of this Section, shall install the device | 4 | | on the person's vehicle without charge to the person and shall | 5 | | seek reimbursement from the Indigent BAIID Fund. | 6 | | (o) The Indigent BAIID Fund is created as a special fund in | 7 | | the State treasury. The Secretary shall, subject to | 8 | | appropriation by the General Assembly, use all money in the | 9 | | Indigent BAIID Fund to reimburse ignition interlock device | 10 | | providers who have installed devices in vehicles of indigent | 11 | | persons pursuant to court orders issued under this Section. The | 12 | | Secretary shall make payments to such providers every 3 months. | 13 | | If the amount of money in the fund at the time payments are | 14 | | made is not sufficient to pay all requests for reimbursement | 15 | | submitted during that 3 month period, the Secretary shall make | 16 | | payments on a pro-rata basis, and those payments shall be | 17 | | considered payment in full for the requests submitted. | 18 | | (p) The Monitoring Device Driving Permit Administration | 19 | | Fee Fund is created as a special fund in the State treasury. | 20 | | The Secretary shall, subject to appropriation by the General | 21 | | Assembly, use the money paid into this fund to offset its | 22 | | administrative costs for administering MDDPs.
| 23 | | (Source: P.A. 95-400, eff. 1-1-09; 95-578, eff. 1-1-09; 95-855, | 24 | | eff. 1-1-09; 95-876, eff. 8-21-08; 96-184, eff. 8-10-09.)
|
|