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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0794eng SB794 Engrossed LRB9100087KSgc 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Sections 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 6-208.1 and 6-208.2 as follows: 7 (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) 8 Sec. 6-208.1. Period of statutory summary alcohol, other 9 drug, or intoxicating compound related suspension. 10 (a) Unless the statutory summary suspension has been 11 rescinded, any person whose privilege to drive a motor 12 vehicle on the public highways has been summarily suspended, 13 pursuant to Section 11-501.1, shall not be eligible for 14 restoration of the privilege until the expiration of: 15 1. Six months from the effective date of the 16 statutory summary suspension for a refusal or failure to 17 complete a test or tests to determine the alcohol, drug, 18 or intoxicating compound concentration, pursuant to 19 Section 11-501.1; or 20 2. Three months from the effective date of the 21 statutory summary suspension imposed following the 22 person's submission to a chemical test which disclosed an 23 alcohol concentration of 0.08 or more, or any amount of a 24 drug, substance, or intoxicating compound in such 25 person's breath, blood, or urine resulting from the 26 unlawful use or consumption of cannabis listed in the 27 Cannabis Control Act, a controlled substance listed in 28 the Illinois Controlled Substances Act, or an 29 intoxicating compound listed in the Use of Intoxicating 30 Compounds Act, pursuant to Section 11-501.1; or 31 3. Three years from the effective date of the SB794 Engrossed -2- LRB9100087KSgc 1 statutory summary suspension for any person other than a 2 first offender who refuses or fails to complete a test or 3 tests to determine the alcohol, drug, or intoxicating 4 compound concentration pursuant to Section 11-501.1; or 5 4. One year from the effective date of the summary 6 suspension imposed for any person other than a first 7 offender following submission to a chemical test which 8 disclosed an alcohol concentration of 0.08 or more 9 pursuant to Section 11-501.1 or any amount of a drug, 10 substance or compound in such person's blood or urine 11 resulting from the unlawful use or consumption of 12 cannabis listed in the Cannabis Control Act, a controlled 13 substance listed in the Illinois Controlled Substances 14 Act, or an intoxicating compound listed in the Use of 15 Intoxicating Compounds Act. 16 (b) Following a statutory summary suspension of the 17 privilege to drive a motor vehicle under Section 11-501.1, 18 full driving privileges shall be restored unless the person 19 is otherwise disqualified by this Code. If the court has 20 reason to believe that the person's driving privilege should 21 not be restored, the court shall notify the Secretary of 22 State prior to the expiration of the statutory summary 23 suspension so appropriate action may be taken pursuant to 24 this Code. 25 (c) The statutory summary suspension shall terminate as 26 provided in subsection (a) of this Section, but full driving 27 privileges may not be restored until all applicable 28 reinstatement fees, as provided by this Code, have been paid 29 to the Secretary of State and the appropriate entry made to 30 the driver's record. 31 (d) Where a driving privilege has been summarily 32 suspended under Section 11-501.1 and the person is 33 subsequently convicted of violating Section 11-501, or a 34 similar provision of a local ordinance, for the same SB794 Engrossed -3- LRB9100087KSgc 1 incident, any period served on statutory summary suspension 2 shall be credited toward the minimum period of revocation of 3 driving privileges imposed pursuant to Section 6-205. 4 (e) Following a statutory summary suspension of driving 5 privileges pursuant to Section 11-501.1, for a first 6 offender, the circuit court may, after at least 30 days from 7 the effective date of the statutory summary suspension, issue 8 a judicial driving permit as provided in Section 6-206.1. 9 (f) Subsequent to an arrest of a first offender, for any 10 offense as defined in Section 11-501 or a similar provision 11 of a local ordinance, following a statutory summary 12 suspension of driving privileges pursuant to Section 13 11-501.1, for a first offender, the circuit court may issue a 14 court order directing the Secretary of State to issue a 15 judicial driving permit as provided in Section 6-206.1. 16 However, this JDP shall not be effective prior to the 31st 17 day of the statutory summary suspension. 18 (g) Following a statutory summary suspension of driving 19 privileges pursuant to Section 11-501.1 where the person was 20 not a first offender, as defined in Section 11-500 and such 21 person refused or failed to complete a test or tests to 22 determine the alcohol, drug, or intoxicating compound 23 concentration pursuant to Section 11-501.1, the Secretary of 24 State may issue a restricted driving permit if at least 2 25 years have elapsed since the effective date of the statutory 26 summary suspension. 27 (h) Following a statutory summary suspension of driving 28 privileges pursuant to Section 11-501.1 where the person was 29 not a first offender as defined in Section 11-500 and such 30 person submitted to a chemical test which disclosed an 31 alcohol concentration of 0.08 or more pursuant to Section 32 11-501.1, the Secretary of State may, after at least 90 days 33 from the effective date of the statutory summary suspension, 34 issue a restricted driving permit. SB794 Engrossed -4- LRB9100087KSgc 1 (Source: P.A. 89-203, eff. 7-21-95; 90-43, eff. 7-2-97; 2 90-738, eff. 1-1-99; 90-779, eff. 1-1-99; revised 9-21-98.) 3 (625 ILCS 5/6-208.2) 4 Sec. 6-208.2. Restoration of driving privileges; persons 5 under age 21. 6 (a) Unless the suspension based upon consumption of 7 alcohol by a minor or refusal to submit to testing has been 8 rescinded by the Secretary of State in accordance with item 9 (c)(3) of Section 6-206 of this Code, a person whose 10 privilege to drive a motor vehicle on the public highways has 11 been suspended under Section 11-501.8 is not eligible for 12 restoration of the privilege until the expiration of: 13 1. Six months from the effective date of the 14 suspension for a refusal or failure to complete a test or 15 tests to determine the alcohol concentration under 16 Section 11-501.8; 17 2. Three months from the effective date of the 18 suspension imposed following the person's submission to a 19 chemical test which disclosed an alcohol concentration 20 greater than 0.00 under Section 11-501.8; 21 3. Two years from the effective date of the 22 suspension for a person who has been previously suspended 23 under Section 11-501.8 and who refuses or fails to 24 complete a test or tests to determine the alcohol 25 concentration under Section 11-501.8; or 26 4. One year from the effective date of the 27 suspension imposed for a person who has been previously 28 suspended under Section 11-501.8 following submission to 29 a chemical test that disclosed an alcohol concentration 30 greater than 0.00 under Section 11-501.8. 31 (b) Following a suspension of the privilege to drive a 32 motor vehicle under Section 11-501.8, full driving privileges 33 shall be restored unless the person is otherwise disqualified SB794 Engrossed -5- LRB9100087KSgc 1 by this Code. 2 (c) The statutory summary suspension shall terminate as 3 provided in subsection (a) of this Section, but full driving 4 privileges may not be restored until all applicable 5 reinstatement fees, as provided by this Code, have been paid 6 to the Secretary of State and the appropriate entry made to 7 the driver's record. The Secretary of State may also, as a 8 condition of the reissuance of a driver's license or permit 9 to an individual under the age of 18 years whose driving 10 privileges have been suspended pursuant to Section 11-501.8, 11 require the applicant to participate in a driver remedial 12 education course and be retested under Section 6-109. 13 (d) Where a driving privilege has been suspended under 14 Section 11-501.8 and the person is subsequently convicted of 15 violating Section 11-501, or a similar provision of a local 16 ordinance, for the same incident, any period served on that 17 suspension shall be credited toward the minimum period of 18 revocation of driving privileges imposed under Section 6-205. 19 (e) Following a suspension of driving privileges under 20 Section 11-501.8 for a person who has not had his or her 21 driving privileges previously suspended under that Section, 22 the Secretary of State may issue a restricted driving permit 23 after at least 30 days from the effective date of the 24 suspension. 25 (f) Following a second or subsequent suspension of 26 driving privileges under Section 11-501.8 that is based upon 27 the person having refused or failed to complete a test or 28 tests to determine the alcohol concentration under Section 29 11-501.8, the Secretary of State may issue a restricted 30 driving permit after at least 6 months from the effective 31 date of the suspension. 32 (g) Following a second or subsequent suspension of 33 driving privileges under Section 11-501.8 that is based upon 34 the person having submitted to a chemical test that disclosed SB794 Engrossed -6- LRB9100087KSgc 1 an alcohol concentration greater than 0.00 under Section 2 11-501.8, the Secretary of State may issue a restricted 3 driving permit after at least 90 days from the effective date 4 of the suspension. 5 Any restricted driving permit considered under this 6 Section is subject to the provisions of item (e) of Section 7 11-501.8. 8 (Source: P.A. 90-774, eff. 8-14-98.)