Full Text of HB5042 100th General Assembly
HB5042eng 100TH GENERAL ASSEMBLY |
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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 2-118.1 as follows: | 6 | | (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
| 7 | | Sec. 2-118.1. Opportunity for hearing; statutory summary | 8 | | alcohol
or other drug related suspension or revocation pursuant | 9 | | to Section 11-501.1. | 10 | | (a) A statutory summary suspension or revocation of driving | 11 | | privileges under Section
11-501.1 shall not become effective | 12 | | until the person is notified in writing of
the impending | 13 | | suspension or revocation and informed that he may request a | 14 | | hearing in the
circuit court of venue under paragraph (b) of | 15 | | this Section and the statutory
summary suspension or revocation | 16 | | shall become effective as provided in Section 11-501.1. | 17 | | (b) Within 90 days after the notice of statutory summary
| 18 | | suspension or revocation served under Section
11-501.1, the | 19 | | person may make a written request for a judicial hearing in
the | 20 | | circuit court of venue. The request to the circuit court shall | 21 | | state
the grounds upon which the person seeks to have the | 22 | | statutory summary
suspension or revocation rescinded. Within | 23 | | 30 days after receipt of the written request
or the first |
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| 1 | | appearance date on the Uniform Traffic Ticket issued pursuant
| 2 | | to a violation of Section 11-501, or a similar provision of a | 3 | | local
ordinance, the hearing shall be conducted by the circuit | 4 | | court having
jurisdiction. This judicial hearing, request, or | 5 | | process shall not stay or
delay the statutory summary | 6 | | suspension or revocation. The hearings shall proceed in the
| 7 | | court in the same manner as in other civil proceedings. | 8 | | The hearing may be conducted upon a review of the law | 9 | | enforcement
officer's own official reports; provided however, | 10 | | that the person may
subpoena the officer. Failure of the | 11 | | officer to answer the subpoena shall
be considered grounds for | 12 | | a continuance if in the court's discretion the
continuance is | 13 | | appropriate. | 14 | | The scope of the hearing shall be limited to the issues of: | 15 | | 1. Whether the person was placed under arrest for an | 16 | | offense as defined
in Section 11-501, or a similar | 17 | | provision of a local ordinance, as evidenced
by the | 18 | | issuance of a Uniform Traffic Ticket, or issued a Uniform | 19 | | Traffic
Ticket out of state as provided in subsection (a) | 20 | | of Section 11-501.1; and | 21 | | 2. Whether the officer had reasonable grounds to | 22 | | believe that
the person was driving or in actual physical | 23 | | control of a motor vehicle
upon a highway while under the | 24 | | influence of alcohol, other drug, or
combination of both; | 25 | | and | 26 | | 3. Whether the person, after being advised by the |
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| 1 | | officer
that the privilege to operate a motor vehicle would | 2 | | be suspended or revoked if the
person refused to submit to | 3 | | and complete the test or tests, did refuse to
submit to or | 4 | | complete the test or tests to determine the person's blood | 5 | | alcohol or drug concentration; or | 6 | | 4. Whether the person, after being advised by the | 7 | | officer that
the privilege to operate a motor vehicle would | 8 | | be suspended if the person
submits to a chemical test, or | 9 | | tests, and the test discloses an alcohol
concentration of | 10 | | 0.08 or more, a tetrahydrocannabinol concentration as | 11 | | defined in paragraph 6 of subsection (a) of Section | 12 | | 11-501.2 of this Code, or any amount of a drug, substance,
| 13 | | or compound in the person's blood, other bodily substance, | 14 | | or urine resulting from the unlawful use or
consumption of | 15 | | a controlled
substance listed in the Illinois Controlled | 16 | | Substances Act, an intoxicating
compound as listed in the | 17 | | Use of Intoxicating Compounds Act, or methamphetamine as | 18 | | listed in the Methamphetamine Control and Community | 19 | | Protection Act, and the person
did submit to and complete | 20 | | the test or tests that determined an alcohol
concentration | 21 | | of 0.08 or more. | 22 | | 4.2. (Blank). | 23 | | 4.5. (Blank). | 24 | | 5. If the person's driving privileges were revoked, | 25 | | whether the person was involved in a motor vehicle accident | 26 | | that caused Type A injury or death to another. |
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| 1 | | Upon the conclusion of the judicial hearing, the circuit | 2 | | court shall
sustain or rescind the statutory summary suspension | 3 | | or revocation and immediately notify
the Secretary of State. | 4 | | Any court order rescinding a statutory summary suspension or | 5 | | revocation must contain a factual basis for the rescission. | 6 | | Upon receipt of a court order rescinding a statutory summary | 7 | | suspension or revocation that does not contain a factual basis | 8 | | for the rescission, the Secretary of State shall return the | 9 | | order to the court and shall be prohibited from rescinding the | 10 | | statutory summary suspension until such time as the Secretary | 11 | | receives a court order containing a factual basis for the | 12 | | rescission. Reports received by the Secretary of State under
| 13 | | this Section shall be privileged information and for use only | 14 | | by the
courts, police officers, and Secretary of State. | 15 | | (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; | 16 | | 99-697, eff. 7-29-16.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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