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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0794
LRB9100087KSgc
1 AN ACT to amend the Vehicle Code by changing Sections
2 2-118.1, 6-208.1, and 6-208.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 2-118.1, 6-208.1, and 6-208.2 as follows:
7 (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
8 Sec. 2-118.1. Opportunity for hearing; statutory summary
9 alcohol or other drug related suspension.
10 (a) A statutory summary suspension of driving privileges
11 under Section 11-501.1 shall not become effective until the
12 person is notified in writing of the impending suspension and
13 informed that he may request a hearing in the circuit court
14 of venue under paragraph (b) of this Section and the
15 statutory summary suspension shall become effective as
16 provided in Section 11-501.1.
17 (b) Within 90 days after the notice of statutory summary
18 suspension served under Section 11-501.1, the person may make
19 a written request for a judicial hearing in the circuit court
20 of venue. The request to the circuit court shall state the
21 grounds upon which the person seeks to have the statutory
22 summary suspension rescinded. Within 30 days after receipt of
23 the written request or the first appearance date on the
24 Uniform Traffic Ticket issued pursuant to a violation of
25 Section 11-501, or a similar provision of a local ordinance,
26 the hearing shall be conducted by the circuit court having
27 jurisdiction. This judicial hearing, request, or process
28 shall not stay or delay the statutory summary suspension. The
29 hearings shall proceed in the court in the same manner as in
30 other civil proceedings.
31 The hearing may be conducted upon a review of the law
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1 enforcement officer's own official reports; provided however,
2 that the person may subpoena the officer. Failure of the
3 officer to answer the subpoena shall be considered grounds
4 for a continuance if in the court's discretion the
5 continuance is appropriate.
6 The scope of the hearing shall be limited to the issues
7 of:
8 1. Whether the person was placed under arrest for
9 an offense as defined in Section 11-501, or a similar
10 provision of a local ordinance, as evidenced by the
11 issuance of a Uniform Traffic Ticket, or issued a Uniform
12 Traffic Ticket out of state as provided in subsection (a)
13 of Section 11-501.1; and
14 2. Whether the officer had reasonable grounds to
15 believe that the person was driving or in actual physical
16 control of a motor vehicle upon a highway while under the
17 influence of alcohol, other drug, or combination of both;
18 and
19 3. Whether the person, after being advised by the
20 officer that the privilege to operate a motor vehicle
21 would be suspended if the person refused to submit to and
22 complete the test or tests, did refuse to submit to or
23 complete the test or tests to determine the person's
24 alcohol or drug concentration; or
25 4. Whether the person, after being advised by the
26 officer that the privilege to operate a motor vehicle
27 would be suspended if the person submits to a chemical
28 test, or tests, and the test discloses an alcohol
29 concentration of 0.08 or more, or any amount of a drug,
30 substance, or compound in the person's blood or urine
31 resulting from the unlawful use or consumption of
32 cannabis listed in the Cannabis Control Act or a
33 controlled substance listed in the Illinois Controlled
34 Substances Act, and the person did submit to and complete
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1 the test or tests that determined an alcohol
2 concentration of 0.08 or more.
3 Upon the conclusion of the judicial hearing, the circuit
4 court shall sustain or rescind the statutory summary
5 suspension and immediately notify the Secretary of State.
6 Rescission of the statutory summary suspension shall render
7 the suspension void as of the effective date of the
8 suspension. Reports received by the Secretary of State under
9 this Section shall be privileged information and for use only
10 by the courts, police officers, and Secretary of State.
11 (Source: P.A. 89-156, eff. 1-1-96; 90-43, eff. 7-2-97.)
12 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1)
13 Sec. 6-208.1. Period of statutory summary alcohol, other
14 drug, or intoxicating compound related suspension.
15 (a) Unless the statutory summary suspension has been
16 rescinded, any person whose privilege to drive a motor
17 vehicle on the public highways has been summarily suspended,
18 pursuant to Section 11-501.1, shall not be eligible for
19 restoration of the privilege until the expiration of:
20 1. Six months from the effective date of the
21 statutory summary suspension for a refusal or failure to
22 complete a test or tests to determine the alcohol, drug,
23 or intoxicating compound concentration, pursuant to
24 Section 11-501.1; or
25 2. Three months from the effective date of the
26 statutory summary suspension imposed following the
27 person's submission to a chemical test which disclosed an
28 alcohol concentration of 0.08 or more, or any amount of a
29 drug, substance, or intoxicating compound in such
30 person's breath, blood, or urine resulting from the
31 unlawful use or consumption of cannabis listed in the
32 Cannabis Control Act, a controlled substance listed in
33 the Illinois Controlled Substances Act, or an
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1 intoxicating compound listed in the Use of Intoxicating
2 Compounds Act, pursuant to Section 11-501.1; or
3 3. Three years from the effective date of the
4 statutory summary suspension for any person other than a
5 first offender who refuses or fails to complete a test or
6 tests to determine the alcohol, drug, or intoxicating
7 compound concentration pursuant to Section 11-501.1; or
8 4. One year from the effective date of the summary
9 suspension imposed for any person other than a first
10 offender following submission to a chemical test which
11 disclosed an alcohol concentration of 0.08 or more
12 pursuant to Section 11-501.1 or any amount of a drug,
13 substance or compound in such person's blood or urine
14 resulting from the unlawful use or consumption of
15 cannabis listed in the Cannabis Control Act, a controlled
16 substance listed in the Illinois Controlled Substances
17 Act, or an intoxicating compound listed in the Use of
18 Intoxicating Compounds Act.
19 (b) Following a statutory summary suspension of the
20 privilege to drive a motor vehicle under Section 11-501.1,
21 full driving privileges shall be restored unless the person
22 is otherwise disqualified by this Code. If the court has
23 reason to believe that the person's driving privilege should
24 not be restored, the court shall notify the Secretary of
25 State prior to the expiration of the statutory summary
26 suspension so appropriate action may be taken pursuant to
27 this Code.
28 (c) The statutory summary suspension shall terminate as
29 provided in subsection (a) of this Section, but full driving
30 privileges may not be restored until all applicable
31 reinstatement fees, as provided by this Code, have been paid
32 to the Secretary of State and the appropriate entry made to
33 the driver's record.
34 (d) Where a driving privilege has been summarily
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1 suspended under Section 11-501.1 and the person is
2 subsequently convicted of violating Section 11-501, or a
3 similar provision of a local ordinance, for the same
4 incident, any period served on statutory summary suspension
5 shall be credited toward the minimum period of revocation of
6 driving privileges imposed pursuant to Section 6-205.
7 (e) Following a statutory summary suspension of driving
8 privileges pursuant to Section 11-501.1, for a first
9 offender, the circuit court may, after at least 30 days from
10 the effective date of the statutory summary suspension, issue
11 a judicial driving permit as provided in Section 6-206.1.
12 (f) Subsequent to an arrest of a first offender, for any
13 offense as defined in Section 11-501 or a similar provision
14 of a local ordinance, following a statutory summary
15 suspension of driving privileges pursuant to Section
16 11-501.1, for a first offender, the circuit court may issue a
17 court order directing the Secretary of State to issue a
18 judicial driving permit as provided in Section 6-206.1.
19 However, this JDP shall not be effective prior to the 31st
20 day of the statutory summary suspension.
21 (g) Following a statutory summary suspension of driving
22 privileges pursuant to Section 11-501.1 where the person was
23 not a first offender, as defined in Section 11-500 and such
24 person refused or failed to complete a test or tests to
25 determine the alcohol, drug, or intoxicating compound
26 concentration pursuant to Section 11-501.1, the Secretary of
27 State may issue a restricted driving permit if at least 2
28 years have elapsed since the effective date of the statutory
29 summary suspension.
30 (h) Following a statutory summary suspension of driving
31 privileges pursuant to Section 11-501.1 where the person was
32 not a first offender as defined in Section 11-500 and such
33 person submitted to a chemical test which disclosed an
34 alcohol concentration of 0.08 or more pursuant to Section
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1 11-501.1, the Secretary of State may, after at least 90 days
2 from the effective date of the statutory summary suspension,
3 issue a restricted driving permit.
4 (Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97;
5 90-738, eff. 1-1-99; 90-779, eff. 1-1-99; revised 9-21-98.)
6 (625 ILCS 5/6-208.2)
7 Sec. 6-208.2. Restoration of driving privileges; persons
8 under age 21.
9 (a) Unless the suspension based upon consumption of
10 alcohol by a minor or refusal to submit to testing has been
11 rescinded by the Secretary of State in accordance with item
12 (c)(3) of Section 6-206 of this Code, a person whose
13 privilege to drive a motor vehicle on the public highways has
14 been suspended under Section 11-501.8 is not eligible for
15 restoration of the privilege until the expiration of:
16 1. Six months from the effective date of the
17 suspension for a refusal or failure to complete a test or
18 tests to determine the alcohol concentration under
19 Section 11-501.8;
20 2. Three months from the effective date of the
21 suspension imposed following the person's submission to a
22 chemical test which disclosed an alcohol concentration
23 greater than 0.00 under Section 11-501.8;
24 3. Two years from the effective date of the
25 suspension for a person who has been previously suspended
26 under Section 11-501.8 and who refuses or fails to
27 complete a test or tests to determine the alcohol
28 concentration under Section 11-501.8; or
29 4. One year from the effective date of the
30 suspension imposed for a person who has been previously
31 suspended under Section 11-501.8 following submission to
32 a chemical test that disclosed an alcohol concentration
33 greater than 0.00 under Section 11-501.8.
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1 (b) Following a suspension of the privilege to drive a
2 motor vehicle under Section 11-501.8, full driving privileges
3 shall be restored unless the person is otherwise disqualified
4 by this Code.
5 (c) The statutory summary suspension shall terminate as
6 provided in subsection (a) of this Section, but full driving
7 privileges may not be restored until all applicable
8 reinstatement fees, as provided by this Code, have been paid
9 to the Secretary of State and the appropriate entry made to
10 the driver's record. The Secretary of State may also, as a
11 condition of the reissuance of a driver's license or permit
12 to an individual under the age of 18 years whose driving
13 privileges have been suspended pursuant to Section 11-501.8,
14 require the applicant to participate in a driver remedial
15 education course and be retested under Section 6-109.
16 (d) Where a driving privilege has been suspended under
17 Section 11-501.8 and the person is subsequently convicted of
18 violating Section 11-501, or a similar provision of a local
19 ordinance, for the same incident, any period served on that
20 suspension shall be credited toward the minimum period of
21 revocation of driving privileges imposed under Section 6-205.
22 (e) Following a suspension of driving privileges under
23 Section 11-501.8 for a person who has not had his or her
24 driving privileges previously suspended under that Section,
25 the Secretary of State may issue a restricted driving permit
26 after at least 30 days from the effective date of the
27 suspension.
28 (f) Following a second or subsequent suspension of
29 driving privileges under Section 11-501.8 that is based upon
30 the person having refused or failed to complete a test or
31 tests to determine the alcohol concentration under Section
32 11-501.8, the Secretary of State may issue a restricted
33 driving permit after at least 6 months from the effective
34 date of the suspension.
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1 (g) Following a second or subsequent suspension of
2 driving privileges under Section 11-501.8 that is based upon
3 the person having submitted to a chemical test that disclosed
4 an alcohol concentration greater than 0.00 under Section
5 11-501.8, the Secretary of State may issue a restricted
6 driving permit after at least 90 days from the effective date
7 of the suspension.
8 Any restricted driving permit considered under this
9 Section is subject to the provisions of item (e) of Section
10 11-501.8.
11 (Source: P.A. 90-774, eff. 8-14-98.)