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| Public Act 096-0184 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 2-118 and 6-206.1 as follows:
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(625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
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Sec. 2-118. Hearings.
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(a) Upon the suspension, revocation or denial of
the | ||||
issuance of a license, permit, registration or certificate of | ||||
title
under this Code of any person the Secretary of State | ||||
shall immediately
notify such person in writing and upon his | ||||
written request shall, within 20
days after receipt thereof, | ||||
set a date for a hearing to commence within 90
calendar days | ||||
from the date of the written request for all requests related | ||||
to
a suspension, revocation, or the denial of the issuance of a | ||||
license, permit,
registration, or certificate of title | ||||
occurring after July 1, 2002, in the
County of
Sangamon, the | ||||
County of Jefferson, or the County of Cook, as such
person may | ||||
specify, unless both
parties agree that such hearing may be | ||||
held in some other county.
The Secretary may require the | ||||
payment of a fee of not more than $50 for the
filing of any | ||||
petition, motion, or request for hearing conducted pursuant to
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this Section. These fees must be deposited into the Secretary | ||||
of State DUI
Administration Fund, a special fund created in the | ||
State treasury, and, subject
to appropriation and as directed | ||
by the Secretary of State, shall be used for
operation of the | ||
Department of Administrative Hearings of the Office of the
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Secretary of
State
and for no other purpose. The
Secretary | ||
shall establish by rule the amount and the procedures, terms, | ||
and
conditions relating to these fees.
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(b) At any time after the suspension, revocation or denial | ||
of a license,
permit, registration or certificate of title of | ||
any person as
hereinbefore referred to, the Secretary of State, | ||
in his or her discretion
and
without the necessity of a request | ||
by such person, may hold such a hearing,
upon not less than 10 | ||
days' notice in writing, in the Counties of Sangamon,
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Jefferson,
or Cook or in any other county agreed to by the | ||
parties.
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(c) Upon any such hearing, the Secretary of State, or his | ||
authorized
agent may administer oaths and issue subpoenas for | ||
the attendance of
witnesses and the production of relevant | ||
books and records and may require
an examination of such | ||
person. Upon any such hearing, the Secretary of
State shall | ||
either rescind or, good cause appearing therefor, continue,
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change or extend the Order of Revocation or Suspension, or upon | ||
petition
therefore and subject to the provisions of this Code, | ||
issue a restricted
driving permit or reinstate the license or | ||
permit of such person.
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(d) All hearings and hearing procedures shall comply with | ||
requirements
of the Constitution, so that no person is deprived | ||
of due process of law
nor denied equal protection of the laws. | ||
All hearings shall be held before
the Secretary of State or | ||
before such persons as may be designated by the
Secretary of | ||
State and appropriate records of such hearings shall be kept.
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Where a transcript of the hearing is taken, the person | ||
requesting the
hearing shall have the opportunity to order a | ||
copy thereof at his own
expense.
The Secretary of State shall | ||
enter an order upon any hearing conducted
under this Section, | ||
related to a suspension, revocation, or the denial of
the | ||
issuance of a license, permit, registration, or certificate of | ||
title
occurring after July 1, 2002, within 90 days of its | ||
conclusion and shall
immediately notify the person in writing | ||
of his or her action.
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(d-5) Any hearing over which the Secretary of State has | ||
jurisdiction because of a person's implied consent to testing | ||
of the person's blood, breath, or urine for the presence of | ||
alcohol, drugs, or intoxicating compounds may be conducted upon | ||
a review of the official police reports. Either party, however, | ||
may subpoena the arresting officer and any other law | ||
enforcement officer who was involved in the petitioner's arrest | ||
or processing after arrest, as well as any other person whose | ||
testimony may be probative to the issues at the hearing. The | ||
failure of a law enforcement officer to answer the subpoena | ||
shall be considered grounds for a continuance if, in the | ||
hearing officer's discretion, the continuance is appropriate. | ||
The failure of the arresting officer to answer a subpoena shall | ||
not, in and of itself, be considered grounds for the rescission | ||
of an implied consent suspension. Rather, the hearing shall | ||
proceed on the basis of the other evidence available, and the | ||
hearing officer shall assign this evidence whatever probative | ||
value is deemed appropriate. The decision whether to rescind | ||
shall be based upon the totality of the evidence.
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(e) The action of the
Secretary of State in suspending, | ||
revoking or denying any license, permit,
registration, or | ||
certificate of title shall be subject to judicial review
in the
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Circuit Court of Sangamon County, in the Circuit Court of | ||
Jefferson County,
or in the Circuit Court of Cook County, and | ||
the
provisions of the Administrative Review Law, and all | ||
amendments and
modifications thereto, and the rules adopted | ||
pursuant thereto, are hereby
adopted and shall apply to and | ||
govern every action for the judicial review of
final acts or | ||
decisions of the Secretary of State hereunder.
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(Source: P.A. 95-627, eff. 6-1-08.)
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(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
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Sec. 6-206.1. Monitoring Device Driving Permit. | ||
Declaration of Policy. It is hereby declared a policy of the
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State of Illinois that the driver who is impaired by alcohol, | ||
other drug or
drugs, or intoxicating compound or compounds is a
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threat to the public safety and welfare. Therefore, to
provide | ||
a deterrent to such practice, a statutory summary driver's | ||
license suspension is appropriate.
It is also recognized that | ||
driving is a privilege and therefore, that the granting of | ||
driving privileges, in a manner consistent with public
safety, | ||
is warranted during the period of suspension in the form of a | ||
monitoring device driving permit. A person who drives and fails | ||
to comply with the requirements of the monitoring device | ||
driving permit commits a violation of Section 6-303 of this | ||
Code.
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The following procedures shall apply whenever
a first | ||
offender is arrested for any offense as defined in Section | ||
11-501
or a similar provision of a local ordinance:
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(a) Subsequent to a notification of a statutory summary | ||
suspension of
driving privileges as provided in Section | ||
11-501.1, the court, after informing the first offender, as | ||
defined in Section 11-500, of his or her right to a monitoring | ||
device driving permit, hereinafter referred to as a MDDP, and | ||
of the obligations of the MDDP, shall enter an order directing | ||
the Secretary of State (hereinafter referred to as the | ||
Secretary) to issue a MDDP to the offender, unless the offender | ||
has opted, in writing, not to have a MDDP issued. After opting | ||
out of having a MDDP issued, at any time during the summary | ||
suspension, the offender may petition the court for an order | ||
directing the Secretary to issue a MDDP. However, the court | ||
shall not enter the order directing the Secretary to issue the | ||
MDDP, in any instance, if the court finds:
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(1) The offender's driver's license is otherwise | ||
invalid; | ||
(2) Death or great bodily harm resulted from the arrest | ||
for Section 11-501; | ||
(3) That the offender has been previously convicted of | ||
reckless homicide or aggravated driving under the | ||
influence involving death; or | ||
(4) That the offender is less than 18 years of age. | ||
Any court order for a MDDP shall order the person to pay | ||
the Secretary a MDDP Administration Fee in an amount not to | ||
exceed $30 per month, to be deposited into the Monitoring | ||
Device Driving Permit Administration Fee Fund. The Secretary | ||
shall establish by rule the amount and the procedures, terms, | ||
and conditions relating to these fees. The order shall further | ||
specify that the offender must have an ignition interlock | ||
device installed within 14 days of the date the Secretary | ||
issues the MDDP. The ignition interlock device provider must | ||
notify the Secretary, in a manner and form prescribed by the | ||
Secretary, of the installation. If the Secretary does not | ||
receive notice of installation, the Secretary shall cancel the | ||
MDDP.
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A MDDP shall not become effective prior to the 31st
day of | ||
the original statutory summary suspension.
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(a-1) A person issued a MDDP may drive for any purpose and | ||
at any time, subject to the rules adopted by the Secretary | ||
under subsection (g). The person must, at his or her own | ||
expense, drive only vehicles equipped with an ignition | ||
interlock device as defined in Section 1-129.1, but in no event | ||
shall such person drive a commercial motor vehicle. | ||
(a-2) Persons who are issued a MDDP and must drive | ||
employer-owned vehicles in the course of their employment | ||
duties may seek permission to drive an employer-owned vehicle | ||
that does not have an ignition interlock device. The employer | ||
shall provide to the Secretary a form, as prescribed by the | ||
Secretary, completed by the employer verifying that the | ||
employee must drive an employer-owned vehicle in the course of | ||
employment. If approved by the Secretary, the form must be in | ||
the driver's possession while operating an employer-owner | ||
vehicle not equipped with an ignition interlock device. No | ||
person may use this exemption to drive a school bus, school | ||
vehicle, or a vehicle designed to transport more than 15 | ||
passengers. No person may use this exemption to drive an | ||
employer-owned motor vehicle that is owned by an entity that is | ||
wholly or partially owned by the person holding the MDDP, or by | ||
a family member of the person holding the MDDP. No person may | ||
use this exemption to drive an employer-owned vehicle that is | ||
made available to the employee for personal use. No person may | ||
drive the exempted vehicle more than 12 hours per day, 6 days | ||
per week.
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(b) (Blank).
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(c) (Blank).
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(c-1) If the holder of the MDDP is convicted of or receives | ||
court supervision for a violation of Section 6-206.2, 6-303, | ||
11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar | ||
provision of a local ordinance or a similar out-of-state | ||
offense or is convicted of or receives court supervision for | ||
any offense for which alcohol or drugs is an element of the | ||
offense and in which a motor vehicle was involved (for an | ||
arrest other than the one for which the MDDP is issued), or | ||
de-installs the BAIID without prior authorization from the | ||
Secretary, the MDDP shall be cancelled.
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(c-5) If the court determines that the person seeking the | ||
MDDP is indigent, the court shall provide the person with a | ||
written document, in a form prescribed by the Secretary, as | ||
evidence of that determination, and the person shall provide | ||
that written document to an ignition interlock device provider. | ||
The provider shall install an ignition interlock device on that | ||
person's vehicle without charge to the person, and seek | ||
reimbursement from the Indigent BAIID Fund.
If the court has | ||
deemed an offender indigent, the BAIID provider shall also | ||
provide the normal monthly monitoring services and the | ||
de-installation without charge to the offender and seek | ||
reimbursement from the Indigent BAIID Fund. Any other monetary | ||
charges, such as a lockout fee or reset fee, shall be the | ||
responsibility of the MDDP holder. A BAIID provider may not | ||
seek a security deposit from the Indigent BAIID Fund. The court | ||
shall also forward a copy of the indigent determination to the | ||
Secretary, in a manner and form as prescribed by the Secretary. | ||
(d) The Secretary shall, upon receiving a court order, | ||
issue a MDDP to a person who applies for a MDDP under this
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Section. Such court order shall contain the name, driver's
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license number, and legal address of the applicant. This | ||
information
shall be available only to the courts, police | ||
officers, and the Secretary, except during the actual period | ||
the MDDP is valid, during which
time it shall be a public | ||
record. The Secretary shall design and
furnish to the courts an | ||
official court order form to be used by the courts
when | ||
directing the Secretary to issue a MDDP.
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Any submitted court order that contains insufficient data | ||
or fails to
comply with this Code shall not be utilized for | ||
MDDP issuance or entered to
the driver record but shall be | ||
returned to the issuing court indicating why
the MDDP cannot be | ||
so entered. A notice of this action shall also be sent
to the | ||
MDDP applicant by the Secretary.
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(e) (Blank).
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(f) (Blank).
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(g) The Secretary shall adopt rules for implementing this | ||
Section. The rules adopted shall address issues including, but | ||
not limited to: compliance with the requirements of the MDDP; | ||
methods for determining compliance with those requirements; | ||
the consequences of noncompliance with those requirements; | ||
what constitutes a violation of the MDDP; and the duties of a | ||
person or entity that supplies the ignition interlock device. | ||
(h) The rules adopted under subsection (g) shall provide, | ||
at a minimum, that the person is not in compliance with the | ||
requirements of the MDDP if he or she: | ||
(1) tampers or attempts to tamper with or circumvent | ||
the proper operation of the ignition interlock device; | ||
(2) provides valid breath samples that register blood | ||
alcohol levels in excess of the number of times allowed | ||
under the rules; | ||
(3) fails to provide evidence sufficient to satisfy the | ||
Secretary that the ignition interlock device has been | ||
installed in the designated vehicle or vehicles; or | ||
(4) fails to follow any other applicable rules adopted | ||
by the Secretary. | ||
(i) Any person or entity that supplies an ignition | ||
interlock device as provided under this Section shall, in | ||
addition to supplying only those devices which fully comply | ||
with all the rules adopted under subsection (g), provide the | ||
Secretary, within 7 days of inspection, all monitoring reports | ||
of each person who has had an ignition interlock device | ||
installed. These reports shall be furnished in a manner or form | ||
as prescribed by the Secretary. | ||
(j) Upon making a determination that a violation of the | ||
requirements of the MDDP has occurred, the Secretary shall | ||
extend the summary suspension period for an additional 3 months | ||
beyond the originally imposed summary suspension period, | ||
during which time the person shall only be allowed to drive | ||
vehicles equipped with an ignition interlock device; provided | ||
further there are no limitations on the total number of times | ||
the summary suspension may be extended. The Secretary may, | ||
however, limit the number of extensions imposed for violations | ||
occurring during any one monitoring period, as set forth by | ||
rule. Any person whose summary suspension is extended pursuant | ||
to this Section shall have the right to contest the extension | ||
through a hearing with the Secretary, pursuant to Section 2-118 | ||
of this Code. If the summary suspension has already terminated | ||
prior to the Secretary receiving the monitoring report that | ||
shows a violation, the Secretary shall be authorized to suspend | ||
the person's driving privileges for 3 months, provided that the | ||
Secretary may, by rule, limit the number of suspensions to be | ||
entered pursuant to this paragraph for violations occurring | ||
during any one monitoring period. Any person whose license is | ||
suspended pursuant to this paragraph, after the summary | ||
suspension had already terminated, shall have the right to | ||
contest the suspension through a hearing with the Secretary, | ||
pursuant to Section 2-118 of this Code. The only permit the | ||
person shall be eligible for during this new suspension period | ||
is a MDDP. | ||
(k) A person who has had his or her summary suspension | ||
extended for the third time, or has any combination of 3 | ||
extensions and new suspensions, entered as a result of a | ||
violation that occurred while holding the MDDP, so long as the | ||
extensions and new suspensions relate to the same summary | ||
suspension, shall have his or her vehicle impounded for a | ||
period of 30 days, at the person's own expense. A person who | ||
has his or her summary suspension extended for the fourth time, | ||
or has any combination of 4 extensions and new suspensions, | ||
entered as a result of a violation that occurred while holding | ||
the MDDP, so long as the extensions and new suspensions relate | ||
to the same summary suspension, shall have his or her vehicle | ||
subject to seizure and forfeiture. The Secretary shall notify | ||
the prosecuting authority of any third or fourth extensions or | ||
new suspension entered as a result of a violation that occurred | ||
while the person held a MDDP. Upon receipt of the notification, | ||
the prosecuting authority shall impound or forfeit the vehicle. | ||
(l) A person whose driving privileges have been suspended | ||
under Section 11-501.1 of this Code and who had a MDDP that was | ||
cancelled, or would have been cancelled had notification of a | ||
violation been received prior to expiration of the MDDP, | ||
pursuant to subsection (c-1) of this Section, shall not be | ||
eligible for reinstatement when the summary suspension is | ||
scheduled to terminate. Instead, the person's driving | ||
privileges , but instead shall be suspended for a period of not | ||
less than twice the original summary suspension period, or for | ||
the length of any extensions entered under subsection (j), | ||
whichever is longer. During the period of suspension, the | ||
person shall be eligible only to apply for a restricted driving | ||
permit. If a restricted driving permit is granted, the offender | ||
may only operate vehicles equipped with a an ignition interlock | ||
device BAIID in accordance with this Section. , for a period of | ||
not less than twice the original summary suspension period, or | ||
for the length of any extensions entered under subsection (j), | ||
whichever is longer. | ||
(m) Any person or entity that supplies an ignition | ||
interlock device under this Section shall, for each ignition | ||
interlock device installed, pay 5% of the total gross revenue | ||
received for the device, including monthly monitoring fees, | ||
into the Indigent BAIID Fund. This 5% shall be clearly | ||
indicated as a separate surcharge on each invoice that is | ||
issued. The Secretary shall conduct an annual review of the | ||
fund to determine whether the surcharge is sufficient to | ||
provide for indigent users. The Secretary may increase or | ||
decrease this surcharge requirement as needed. | ||
(n) Any person or entity that supplies an ignition | ||
interlock device under this Section that is requested to | ||
provide an ignition interlock device to a person who presents | ||
written documentation of indigency from the court, as provided | ||
in subsection (c-5) of this Section, shall install the device | ||
on the person's vehicle without charge to the person and shall | ||
seek reimbursement from the Indigent BAIID Fund. | ||
(o) The Indigent BAIID Fund is created as a special fund in | ||
the State treasury. The Secretary shall, subject to | ||
appropriation by the General Assembly, use all money in the | ||
Indigent BAIID Fund to reimburse ignition interlock device | ||
providers who have installed devices in vehicles of indigent | ||
persons pursuant to court orders issued under this Section. The | ||
Secretary shall make payments to such providers every 3 months. | ||
If the amount of money in the fund at the time payments are | ||
made is not sufficient to pay all requests for reimbursement | ||
submitted during that 3 month period, the Secretary shall make | ||
payments on a pro-rata basis, and those payments shall be | ||
considered payment in full for the requests submitted. | ||
(p) The Monitoring Device Driving Permit Administration | ||
Fee Fund is created as a special fund in the State treasury. | ||
The Secretary shall, subject to appropriation by the General | ||
Assembly, use the money paid into this fund to offset its | ||
administrative costs for administering MDDPs.
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(Source: P.A. 94-307, eff. 9-30-05; 94-357, eff. 1-1-06; | ||
94-930, eff. 6-26-06; 95-400, eff. 1-1-09; 95-578, eff. 1-1-09; | ||
95-855, eff. 1-1-09; 95-876, eff. 8-21-08.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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