House Sponsors: DART-MOFFITT-JOHNSON-KOSEL. Short description: VEH CD-SOBRIETY TESTS Synopsis of Bill as introduced: Amends the Illinois Vehicle Code. Authorizes and establishes procedures for the statutory summary suspension of driver's licenses of persons who are stopped for DUI and who refuse to submit to preliminary breath or field sobriety tests. Provides that any person in control of a motor vehicle in this State shall be deemed to have given consent to performing field sobriety tests and to providing a breath sample for testing. Provides that the results of a preliminary breath screening or field sobriety test may be used by the defendant in any DUI administrative or court proceeding and may be used by the State in rebuttal to an assertion that the test did not accurately reflect a person's alcohol concentration. Permits temporary impounding of vehicles in certain cases. Provides for a hearing and procedures for a person who has had his or her license suspended for a failure to submit to a breath screening or field sobriety test. Authorizes the Secretary of State to issue a restricted driving permit to a person who has had his or her license suspended for specified reasons if the person consents to a breath-alcohol ignition interlock device installed in his or her car. Amends the Unified Code of Corrections. Prohibits the court from assigning supervision to a defendant charged with driving a motor vehicle on a revoked or suspended license when the suspension or revocation was for violating the field sobriety test provision of the Vehicle Code if the defendant was convicted or assigned supervision within the last 10 years for driving on a revoked or suspended license. Makes other changes. Effective July 1, 2001. CORRECTIONAL NOTE (Department of Corrections) Fiscal impact and impact on the corrections population would be minimal. FISCAL NOTE (Office of Secretary of State) The fiscal impact of this legislation on the Office of Secre- tary of State is estimated at $584,000 in the first year, and $318,000 each subsequent year. HOUSE AMENDMENT NO. 1. Deletes reference to: 625 ILCS 5/6-113 from Ch. 95 1/2, par. 6-113 625 ILCS 5/6-118 from Ch. 95 1/2, par. 6-118 625 ILCS 5/6-203.1 from Ch. 95 1/2, par. 6-203.1 625 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 5/11-500 from Ch. 95 1/2, par. 11-500 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501 625 ILCS 5/11-501.9 new 730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1 Adds reference to: 625 ILCS 5/2-118.1 from Ch. 95 1/2, par. 2-118.1 625 ILCS 5/2-118.2 new 625 ILCS 5/6-206.1 from Ch. 95 1/2, par. 6-206.1 625 ILCS 5/11-501.1 from Ch. 95 1/2, par. 11-501.1 625 ILCS 5/11-506 new Deletes everything. Amends the Illinois Vehicle Code. Provides that if the person has not been charged with DUI in circuit court, the person must be notified in writing that he or she may contest an impending statutory summary suspension before the Secretary of State. Establishes procedures for a hearing before the Secretary. Provides that as a condition of a restricted driving permit, the Secretary may prohibit a first time offender from driving a vehicle not equipped with a breath alcohol ignition interlock device. Provides that any person whose driving privileges are suspended or revoked 2 or more times within a 10-year period because chemical testing revealed that the alcohol concentration in his or her blood exceeded the allowable limit, if issued a restricted driving permit, is required to have his or her vehicle equipped with a breath alcohol ignition interlock device. Provides that the restricted driving permit may not be issued until one year after the date the current revocation went into effect. Provides that if an officer has a rational basis for believing that a driver is impaired by alcohol, drugs, or intoxicating compounds, he or she may secure that driver's vehicle for up to 24 hours. Provides that if the vehicle is impounded, the driver is responsible for all the costs of the impoundment. Establishes conditions under which the vehicle may be released. Last action on Bill: SESSION SINE DIE Last action date: JAN-07-2003 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 0 END OF INQUIRY Full Text Bill Status