90th General Assembly
Summary of SB1424
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Senate Sponsors:
MAHAR-CULLERTON-DUDYCZ-PARKER, GARCIA, RADOGNO AND DILLARD.

House Sponsors:
MCCARTHY-DART-JOHNSON,TIM-KOSEL-CROTTY

Short description: 
DUI-INCREASE PENALTY-SEIZE CAR                                             

Synopsis of Bill as introduced:
        Amends the  Illinois  Vehicle  Code.  Permits  impounding  of  an      
   arrested  intoxicated  person's  vehicle  for  up  to  12 hours (now 6      
   hours).   Permits  longer  impound  period  for  multiple   offenders.      
   Increases  the  reinstatement  fee for a person whose license has been      
   suspended or revoked a second or subsequent  time.   Provides  that  a      
   person may not make application for a license after his or her license      
   has  been revoked if the person is convicted of committing a fourth or      
   subsequent DUI violation or driving while a license  is  suspended  or      
   revoked  (if  the  original  suspension  or  revocation  was for a DUI      
   violation).  Increases the period  of  statutory  summary  alcohol  or      
   other  drug  related suspension for a refusal or failure to complete a      
   test to determine alcohol or drug concentration. Increases the penalty      
   for a person convicted of a third or subsequent violation for  driving      
   while  a license is suspended or revoked if the original revocation or      
   suspension was for violating certain offenses.  Provides that a person      
   is guilty of aggravated driving under the  influence  if  the  alcohol      
   concentration  in  the  person's  blood  or  breath  is  0.20 or more.      
   Increases the penalty for a person who commits a DUI violation  for  a      
   fourth  or subsequent time. Amends the Criminal Code to permit seizure      
   and forfeiture of vehicles of persons convicted of certain DUI related      
   offenses.                                                                   
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          730 ILCS 5/5-6-1                from Ch. 38, par. 1005-6-1           
        Deletes  everything.    Amends    the   Illinois   Vehicle   Code      
   DUI-related  provisions. Permits impounding of an arrested intoxicated      
   person's vehicle for up to 12 hours (now  6  hours).   Permits  longer      
   impound  period  for  multiple offenders.  Increases the reinstatement      
   fee for a person whose license has been suspended or revoked a  second      
   or subsequent time for a DUI violation or reckless homicide.  Provides      
   that  a person may not make application for a license after his or her      
   license has been revoked if the person is convicted  of  committing  a      
   fourth or subsequent violation of any of the following:  DUI, reckless      
   homicide,  failure  to  report a death or personal injury accident the      
   person was involved in,  or driving while a license  is  suspended  or      
   revoked  (if  the  original  suspension  or  revocation  was for a DUI      
   violation).  Increases the period  of  statutory  summary  alcohol  or      
   other  drug  related suspension for a refusal or failure to complete a      
   test to determine alcohol or drug concentration. Increases the penalty      
   for a person convicted of a third, fourth, or subsequent violation for      
   driving while a license  is  suspended  or  revoked  if  the  original      
   revocation  or  suspension  was for violating certain offenses. Amends      
   the Criminal Code to permit seizure  and  forfeiture  of  vehicles  of      
   persons  convicted of certain DUI related offenses. Amends the Unified      
   Code of Corrections.  Provides that a person charged  with  driving  a      
   motor  vehicle on a revoked or suspended license shall not be eligible      
   for supervision when the revocation or  suspension  was  for  DUI,  an      
   implied  consent  violation,  failure  to report an accident involving      
   death or personal injury, or reckless homicide if  the  defendant  has      
   within the last 10 years been convicted of or assigned supervision for      
   driving on a revoked or suspended license.                                  
          BALANCED BUDGET NOTE, H-AM 1                                         
          Does not authorize, increase, decrease, or reallocate any            
          general funds appropriation for FY1998.                              
          PENSION NOTE, H-AM 1                                                 
          No fiscal impact for any public pension fund or retirement           
          system in Illinois.                                                  
          CORRECTIONAL NOTE, H-AM 1                                            
          Impact: prison population, 23 inmates; fiscal, $4,604,000.           
          STATE DEBT IMPACT NOTE, H-AM 1                                       
          No increase in the level of State indebtedness.                      
          STATE MANDATES ACT FISCAL NOTE, H-AM 1                               
          SB 1424 fails to create a State mandate.                             
          HOME RULE NOTE, H-AM 1                                               
          The bill fails to preempt home rule authority.                       
          FISCAL NOTE, H-AM 1 (Administrative Office of Ill. Courts)           
          There will be no fiscal impact on this Office.                       
          JUDICIAL NOTE, H-AM 1                                                
          No increase in the need for the number of judges in the State.       
          HOUSING AFFORDABILITY NOTE, H-AM 1                                   
          No fiscal effect on a single-family residence.                       
          BALANCED BUDGET NOTE, H-AM 2                                         
          No change from previous balanced budget note.                        
          PENSION NOTE, H-AM 2                                                 
          No change from previous pension note.                                
          JUDICIAL NOTE, H-AM 2                                                
          No change from previous judicial note.                               
          CORRECTIONAL NOTE, H-AM 2                                            
          Impact: prison population, 6 inmates; fiscal, $1,089,000.            
          STATE DEBT IMPACT NOTE, H-AM 2                                       
          No change from previous State debt note.                             
        HOUSE AMENDMENT NO. 2.                                                 
          Adds reference to:                                                   
          625 ILCS 5/4-203                from Ch. 95 1/2, par. 4-203          
          625 ILCS 5/6-208.1              from Ch. 95 1/2, par. 6-208.1        
          625 ILCS 5/6-303                from Ch. 95 1/2, par. 6-303          
          625 ILCS 5/11-501               from Ch. 95 1/2, par. 11-501         
          730 ILCS 5/5-6-1                from Ch. 38, par. 1005-6-1           
        Deletes  everything.    Amends    the   Illinois   Vehicle   Code      
   DUI-related  provisions. Permits impounding of an arrested intoxicated      
   person's vehicle for up to 12 hours (now  6  hours).   Permits  longer      
   impound  period  for  multiple offenders.  Increases the reinstatement      
   fee for a person whose license has been suspended or revoked a  second      
   or subsequent time for a DUI violation or reckless homicide.  Provides      
   that  a person may not make application for a license after his or her      
   license has been revoked if the person is convicted  of  committing  a      
   fourth or subsequent violation of any of the following:  DUI, reckless      
   homicide,  failure  to  report a death or personal injury accident the      
   person was involved in,  or driving while a license  is  suspended  or      
   revoked  (if  the  original  suspension  or  revocation  was for a DUI      
   violation).  Increases the period  of  statutory  summary  alcohol  or      
   other  drug  related suspension for a refusal or failure to complete a      
   test to determine alcohol or drug concentration. Increases the penalty      
   for a person convicted of a third, fourth, or subsequent violation for      
   driving while a license  is  suspended  or  revoked  if  the  original      
   revocation  or  suspension  was for violating certain offenses. Amends      
   the Criminal Code to permit seizure  and  forfeiture  of  vehicles  of      
   persons  convicted of certain DUI related offenses. Amends the Unified      
   Code of Corrections.  Provides that a person charged  with  driving  a      
   motor  vehicle on a revoked or suspended license shall not be eligible      
   for supervision when the revocation or  suspension  was  for  DUI,  an      
   implied  consent  violation,  failure  to report an accident involving      
   death or personal injury, or reckless homicide if  the  defendant  has      
   within the last 10 years been convicted of or assigned supervision for      
   driving on a revoked or suspended license.                                  
 
Last action on Bill: TOTAL VETO STANDS

   Last action date: 98-11-19

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   0


   END OF INQUIRY 
                                                                               



 Full Text  Bill Status