Public Act 096-1526
 
SB3775 EnrolledLRB096 18655 AJT 34039 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Sections 1-129.1, 6-206.1, and 6-208.1 as follows:
 



    (625 ILCS 5/1-129.1)



    Sec. 1-129.1. Ignition interlock device, breath alcohol 
ignition interlock device (BAIID). A device installed in a 
motor
vehicle that prevents the vehicle from starting until the 
device has determined
by an analysis of the driver's breath 
that the driver's breath blood alcohol is below
a certain 
preset level.

(Source: P.A. 91-127, eff. 1-1-00.)

 
    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
    Sec. 6-206.1. Monitoring Device Driving Permit. 
Declaration of Policy. It is hereby declared a policy of the

State of Illinois that the driver who is impaired by alcohol, 
other drug or
drugs, or intoxicating compound or compounds is a

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. 
    The following procedures shall apply whenever
a first 
offender, as defined in Section 11-500 of this Code, is 
arrested for any offense as defined in Section 11-501
or a 
similar provision of a local ordinance and is subject to the 
provisions of Section 11-501.1:
    (a) Upon mailing of the notice of suspension of driving 
privileges as provided in subsection (h) of Section 11-501.1 of 
this Code, the Secretary shall also send written notice 
informing the person that he or she will be issued a monitoring 
device driving permit (MDDP). The notice shall include, at 
minimum, information summarizing the procedure to be followed 
for issuance of the MDDP, installation of the breath alcohol 
ignition installation device (BAIID), as provided in this 
Section, exemption from BAIID installation requirements, and 
procedures to be followed by those seeking indigent status, as 
provided in this Section. The notice shall also include 
information summarizing the procedure to be followed if the 
person wishes to decline issuance of the MDDP. A copy of the 
notice shall also be sent to the court of venue together with 
the notice of suspension of driving privileges, as provided in 
subsection (h) of Section 11-501. However, a MDDP shall not be 
issued if the Secretary finds that: 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:

        (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) The That the offender has been previously convicted 
    of reckless homicide or aggravated driving under the 
    influence involving death; or
        (4) The That the offender is less than 18 years of age.
    Any offender participating in the MDDP program must 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 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.

    A MDDP shall not become effective prior to the 31st
day of 
the original statutory summary suspension.
    Upon receipt of the notice, as provided in paragraph (a) of 
this Section, the person may file a petition to decline 
issuance of the MDDP with the court of venue. The  court shall 
admonish the offender of all consequences of declining issuance 
of the MDDP including, but not limited to, the enhanced 
penalties for driving while suspended. After being so 
admonished, the offender shall be permitted, in writing, to 
execute a notice declining issuance of the MDDP. This notice 
shall be filed with the court and forwarded by the clerk of the 
court to the Secretary. The offender may, at any time 
thereafter, apply to the Secretary for issuance of a MDDP. 
    (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.

    (a-3) Persons who are issued a MDDP and who must drive a 
farm tractor to and from a farm, within 50 air miles from the 
originating farm are exempt from installation of a BAIID on the 
farm tractor, so long as the farm tractor is being used for the 
exclusive purpose of conducting farm operations. 
    (b) (Blank).
    (c) (Blank).


    (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.
    (c-5)  If the Secretary court determines that the person 
seeking the MDDP is indigent, the Secretary 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 Secretary 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) MDDP The Secretary shall, upon receiving a court order, 
issue a MDDP to a person who applies for a MDDP under this

Section.  Such court order shall contain the name, driver's

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.
    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.
    (e) (Blank).
    (f) (Blank).
    (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; methods for 
determining indigency; 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 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 BAIID in accordance with this 
Section.
    (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 Secretary 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.

    (q) The Secretary is authorized to prescribe such forms as 
it deems necessary to carry out the provisions of this Section. 
(Source: P.A. 95-400, eff. 1-1-09; 95-578, eff. 1-1-09; 95-855, 
eff. 1-1-09; 95-876, eff. 8-21-08; 96-184, eff. 8-10-09.)
 
    (625 ILCS 5/6-208.1)  (from Ch. 95 1/2, par. 6-208.1)
    Sec. 6-208.1. Period of statutory summary alcohol, other 
drug,
or intoxicating compound related suspension.
    (a) Unless the statutory summary suspension has been 
rescinded, any
person whose privilege to drive a motor vehicle 
on the public highways has
been summarily suspended, pursuant 
to Section 11-501.1, shall not be
eligible for restoration of 
the privilege until the expiration of:
        1. Twelve months from the effective date of the 
    statutory summary suspension
for a refusal or failure to 
    complete a test or tests to determine the
alcohol, drug, or 
    intoxicating compound concentration, pursuant
to
Section 
    11-501.1; or
        2. Six months from the effective date of the statutory 
    summary
suspension imposed following the person's 
    submission to a chemical test
which disclosed an alcohol 
    concentration of 0.08 or more, or any
amount
of a
drug, 
    substance, or intoxicating compound in such person's

    breath, blood, or
urine resulting
from the unlawful use or 
    consumption of cannabis listed in the Cannabis
Control Act, 
    a controlled substance listed in the Illinois
Controlled

    Substances Act, an intoxicating compound listed in the Use 
    of Intoxicating
Compounds Act, or methamphetamine as 
    listed in the Methamphetamine Control and Community 
    Protection Act, pursuant to Section 11-501.1; or
        3. Three years from the effective date of the statutory 
    summary suspension
for any person other than a first 
    offender who refuses or fails to
complete a test or tests 
    to determine the alcohol, drug, or
intoxicating
compound 
    concentration
pursuant to Section 11-501.1; or
        4. One year from the effective date of the summary 
    suspension imposed
for any person other than a first 
    offender following submission to a
chemical test which 
    disclosed an alcohol concentration of 0.08 or
more
pursuant 
    to Section 11-501.1 or any amount of a drug, substance or

    compound in such person's blood or urine resulting from the 
    unlawful use or
consumption of cannabis listed in the 
    Cannabis Control Act, a
controlled
substance listed in the 
    Illinois Controlled Substances Act, an
intoxicating

    compound listed in the Use of Intoxicating Compounds Act, 
    or methamphetamine as listed in the Methamphetamine 
    Control and Community Protection Act.
    (b) Following a statutory summary suspension of the 
privilege to drive a
motor vehicle under Section 11-501.1, 
driving privileges shall be
restored unless the person is 
otherwise suspended, revoked, or cancelled by this Code.  If
the 
court has reason to believe that the person's
driving privilege 
should not be restored, the court shall notify
the Secretary of 
State prior to the expiration of the statutory summary

suspension so appropriate action may be taken pursuant to this 
Code.
    (c) Driving privileges may not be restored until all 
applicable
reinstatement fees, as provided by this Code, have 
been paid to the Secretary
of State and the appropriate entry 
made to the driver's record.
    (d) Where a driving privilege has been summarily suspended 
under Section
11-501.1 and the person is subsequently convicted 
of violating Section
11-501, or a similar provision of a local 
ordinance, for the same incident,
any period served on 
statutory summary suspension shall be credited toward
the 
minimum period of revocation of driving privileges imposed 
pursuant to
Section 6-205.
    (e) (Blank). Following a statutory summary suspension of 
driving privileges
pursuant to Section 11-501.1, for a first 
offender, the circuit court shall, unless the offender has 
opted in writing not to have a monitoring device driving permit 
issued, order the Secretary of State to issue a monitoring 
device driving permit as provided in Section 6-206.1. A 
monitoring device driving permit shall not be effective prior 
to the 31st day of the statutory summary suspension.
    (f) (Blank).
    (g) Following a statutory summary suspension of driving 
privileges
pursuant to Section 11-501.1 where the person was 
not a first offender, as
defined in Section 11-500, the 
Secretary of State may not issue a
restricted driving permit.
    (h) (Blank).
(Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876, 
eff. 8-21-08.)
 

    Section 99. Effective date. This Act takes effect January 
1, 2011.