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91_SB1129eng SB1129 Engrossed LRB9105190LDdvA 1 AN ACT in relation to motor vehicle ignition interlock 2 devices, amending named Acts. 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 Section 6-206.1 and adding Section 6-206.2 as 7 follows: 8 (625 ILCS 5/1-129.1 new) 9 Sec. 1-129.1. Ignition interlock device. A device 10 installed in a motor vehicle that prevents the vehicle from 11 starting until the device has determined by an analysis of 12 the driver's breath that the driver's blood alcohol is below 13 a certain preset level. 14 (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1) 15 Sec. 6-206.1. Judicial Driving Permit. Declaration of 16 Policy. It is hereby declared a policy of the State of 17 Illinois that the driver who is impaired by alcohol, other 18 drug or drugs, or intoxicating compound or compounds is a 19 threat to the public safety and welfare. Therefore, to 20 provide a deterrent to such practice and to remove problem 21 drivers from the highway, a statutory summary driver's 22 license suspension is appropriate. It is also recognized that 23 driving is a privilege and therefore, that in some cases the 24 granting of limited driving privileges, where consistent with 25 public safety, is warranted during the period of suspension 26 in the form of a judicial driving permit to drive for the 27 purpose of employment, receiving drug treatment or medical 28 care, and educational pursuits, where no alternative means of 29 transportation is available. 30 The following procedures shall apply whenever a first SB1129 Engrossed -2- LRB9105190LDdvA 1 offender is arrested for any offense as defined in Section 2 11-501 or a similar provision of a local ordinance: 3 (a) Subsequent to a notification of a statutory summary 4 suspension of driving privileges as provided in Section 5 11-501.1, the first offender as defined in Section 11-500 may 6 petition the circuit court of venue for a Judicial Driving 7 Permit, hereinafter referred as a JDP, to relieve undue 8 hardship. The court may issue a court order, pursuant to 9 the criteria contained in this Section, directing the 10 Secretary of State to issue such a JDP to the petitioner. A 11 JDP shall not become effective prior to the 31st day of the 12 original statutory summary suspension and shall always be 13 subject to the following criteria: 14 1. If ordered for the purposes of employment, the 15 JDP shall be only for the purpose of providing the 16 petitioner the privilege of driving a motor vehicle 17 between the petitioner's residence and the petitioner's 18 place of employment and return; or within the scope of 19 the petitioner's employment related duties, shall be 20 effective only during and limited to those specific times 21 and routes actually required to commute or perform the 22 petitioner's employment related duties. 23 2. The court, by a court order, may also direct the 24 Secretary of State to issue a JDP to allow transportation 25 for the petitioner, or a household member of the 26 petitioner's family, to receive alcohol, drug, or 27 intoxicating compound treatment or medical care, if the 28 petitioner is able to demonstrate that no alternative 29 means of transportation is reasonably available. Such JDP 30 shall be effective only during the specific times 31 actually required to commute. 32 3. The court, by a court order, may also direct the 33 Secretary of State to issue a JDP to allow transportation 34 by the petitioner for educational purposes upon SB1129 Engrossed -3- LRB9105190LDdvA 1 demonstrating that there are no alternative means of 2 transportation reasonably available to accomplish those 3 educational purposes. Such JDP shall be only for the 4 purpose of providing transportation to and from the 5 petitioner's residence and the petitioner's place of 6 educational activity, and only during the specific times 7 and routes actually required to commute or perform the 8 petitioner's educational requirement. 9 4. The Court shall not issue an order granting a 10 JDP to: 11 (i) Any person unless and until the court, 12 after considering the results of a current 13 professional evaluation of the person's alcohol or 14 other drug use by an agency pursuant to Section 15 15-10 of the Alcoholism and Other Drug Abuse and 16 Dependency Act and other appropriate investigation 17 of the person, is satisfied that granting the 18 privilege of driving a motor vehicle on the highways 19 will not endanger the public safety or welfare. 20 (ii) Any person who has been convicted of 21 reckless homicide within the previous 5 years. 22 (iii) Any person whose privilege to operate a 23 motor vehicle was invalid at the time of arrest for 24 the current violation of Section 11-501, or a 25 similar provision of a local ordinance, except in 26 cases where the cause for a driver's license 27 suspension has been removed at the time a JDP is 28 effective. In any case, should the Secretary of 29 State enter a suspension or revocation of driving 30 privileges pursuant to the provisions of this Code 31 while the JDP is in effect or pending, the Secretary 32 shall take the prescribed action and provide a 33 notice to the person and the court ordering the 34 issuance of the JDP that all driving privileges, SB1129 Engrossed -4- LRB9105190LDdvA 1 including those provided by the issuance of the JDP, 2 have been withdrawn. 3 (iv) Any person under the age of 18 years. 4 (b) Prior to ordering the issuance of a JDP the Court 5 should consider at least, but not be limited to, the 6 following issues: 7 1. Whether the person is employed and no other 8 means of commuting to the place of employment is 9 available or that the person must drive as a condition of 10 employment. The employer shall certify the hours of 11 employment and the need and parameters necessary for 12 driving as a condition to employment. 13 2. Whether the person must drive to secure alcohol 14 or other medical treatment for himself or a family 15 member. 16 3. Whether the person must drive for educational 17 purposes. The educational institution shall certify the 18 person's enrollment in and academic schedule at the 19 institution. 20 4. Whether the person has been repeatedly convicted 21 of traffic violations or involved in motor vehicle 22 accidents to a degree which indicates disrespect for 23 public safety. 24 5. Whether the person has been convicted of a 25 traffic violation in connection with a traffic accident 26 resulting in the death of any person within the last 5 27 years. 28 6. Whether the person is likely to obey the limited 29 provisions of the JDP. 30 7. Whether the person has any additional traffic 31 violations pending in any court. 32 For purposes of this Section, programs conducting 33 professional evaluations of a person's alcohol, other drug, 34 or intoxicating compound use must report, to the court of SB1129 Engrossed -5- LRB9105190LDdvA 1 venue, using a form prescribed by the Secretary of State. A 2 copy of such evaluations shall be sent to the Secretary of 3 State by the court. However, the evaluation information shall 4 be privileged and only available to courts and to the 5 Secretary of State, but shall not be admissible in the 6 subsequent trial on the underlying charge. 7 (c) The scope of any court order issued for a JDP under 8 this Section shall be limited to the operation of a motor 9 vehicle as provided for in subsection (a) of this Section and 10 shall specify the petitioner's residence, place of employment 11 or location of educational institution, and the scope of job 12 related duties, if relevant. The JDP shall also specify days 13 of the week and specific hours of the day when the petitioner 14 is able to exercise the limited privilege of operating a 15 motor vehicle. If the Petitioner, who has been granted a JDP, 16 is issued a citation for a traffic related offense, including 17 operating a motor vehicle outside the limitations prescribed 18 in the JDP or a violation of Section 6-303, or is convicted 19 of any such an offense during the term of the JDP, the court 20 shall consider cancellation of the limited driving permit. 21 In any case, if the Petitioner commits an offense, as defined 22 in Section 11-501, or a similar provision of a local 23 ordinance, as evidenced by the issuance of a Uniform Traffic 24 Ticket, the JDP shall be forwarded by the court of venue to 25 the court ordering the issuance of the JDP, for cancellation. 26 The court shall notify the Secretary of State of any such 27 cancellation. 28 (d) The Secretary of State shall, upon receiving a court 29 order from the court of venue, issue a JDP to a successful 30 Petitioner under this Section. Such court order form shall 31 also contain a notification, which shall be sent to the 32 Secretary of State, providing the name, driver's license 33 number and legal address of the successful petitioner, and 34 the full and detailed description of the limitations of the SB1129 Engrossed -6- LRB9105190LDdvA 1 JDP. This information shall be available only to the courts, 2 police officers, and the Secretary of State, except during 3 the actual period the JDP is valid, during which time it 4 shall be a public record. The Secretary of State shall design 5 and furnish to the courts an official court order form to be 6 used by the courts when directing the Secretary of State to 7 issue a JDP. 8 Any submitted court order that contains insufficient data 9 or fails to comply with this Code shall not be utilized for 10 JDP issuance or entered to the driver record but shall be 11 returned to the issuing court indicating why the JDP cannot 12 be so entered. A notice of this action shall also be sent to 13 the JDP petitioner by the Secretary of State. 14 (e) The circuit court of venue may conduct the judicial 15 hearing, as provided in Section 2-118.1, and the JDP hearing 16 provided in this Section, concurrently. Such concurrent 17 hearing shall proceed in the court in the same manner as in 18 other civil proceedings. 19 (f) The circuit court of venue may, as a condition of 20 the issuance of a JDP, prohibit the person from operating a 21 motor vehicle not equipped with an ignition interlock device. 22 23 (Source: P.A. 90-369, eff. 1-1-98; 90-779, eff. 1-1-99.) 24 (625 ILCS 5/6-206.2 new) 25 Sec. 6-206.2. Violations relating to an ignition 26 interlock device. 27 (a) It is unlawful for any person whose driving 28 privilege is restricted by being prohibited from operating a 29 motor vehicle not equipped with an ignition interlock device 30 to request or solicit any other person to blow into an 31 ignition interlock device or to start a motor vehicle 32 equipped with the device for the purpose of providing the 33 person so restricted with an operable motor vehicle. SB1129 Engrossed -7- LRB9105190LDdvA 1 (b) It is unlawful to blow into an ignition interlock 2 device or to start a motor vehicle equipped with the device 3 for the purpose of providing an operable motor vehicle to a 4 person whose driving privilege is restricted by being 5 prohibited from operating a motor vehicle not equipped with 6 an ignition interlock device. 7 (c) It is unlawful to tamper with, or circumvent the 8 operation of, an ignition interlock device. 9 (d) Except as provided in subsection (c)(17) of Section 10 5-6-3.1 of the Unified Code of Corrections or by rule, no 11 person shall knowingly rent, lease, or lend a motor vehicle 12 to a person known to have his or her driving privilege 13 restricted by being prohibited from operating a vehicle not 14 equipped with an ignition interlock device, unless the 15 vehicle is equipped with a functioning ignition interlock 16 device. Any person whose driving privilege is so restricted 17 shall notify any person intending to rent, lease, or loan a 18 motor vehicle to the restricted person of the driving 19 restriction imposed upon him or her. 20 A person convicted of a violation of this subsection 21 shall be punished by imprisonment for not more than 6 months 22 or by a fine of not more than $5,000, or both. 23 Section 10. The Unified Code of Corrections is amended 24 by changing Section 5-6-3.1 as follows: 25 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1) 26 Sec. 5-6-3.1. Incidents and Conditions of Supervision. 27 (a) When a defendant is placed on supervision, the court 28 shall enter an order for supervision specifying the period of 29 such supervision, and shall defer further proceedings in the 30 case until the conclusion of the period. 31 (b) The period of supervision shall be reasonable under 32 all of the circumstances of the case, but may not be longer SB1129 Engrossed -8- LRB9105190LDdvA 1 than 2 years, unless the defendant has failed to pay the 2 assessment required by Section 10.3 of the Cannabis Control 3 Act or Section 411.2 of the Illinois Controlled Substances 4 Act, in which case the court may extend supervision beyond 2 5 years. Additionally, the court shall order the defendant to 6 perform no less than 30 hours of community service and not 7 more than 120 hours of community service, if community 8 service is available in the jurisdiction and is funded and 9 approved by the county board where the offense was committed, 10 when the offense (1) was related to or in furtherance of the 11 criminal activities of an organized gang or was motivated by 12 the defendant's membership in or allegiance to an organized 13 gang; or (2) is a violation of any Section of Article 24 of 14 the Criminal Code of 1961 where a disposition of supervision 15 is not prohibited by Section 5-6-1 of this Code. The 16 community service shall include, but not be limited to, the 17 cleanup and repair of any damage caused by violation of 18 Section 21-1.3 of the Criminal Code of 1961 and similar 19 damages to property located within the municipality or county 20 in which the violation occurred. Where possible and 21 reasonable, the community service should be performed in the 22 offender's neighborhood. 23 For the purposes of this Section, "organized gang" has 24 the meaning ascribed to it in Section 10 of the Illinois 25 Streetgang Terrorism Omnibus Prevention Act. 26 (c) The court may in addition to other reasonable 27 conditions relating to the nature of the offense or the 28 rehabilitation of the defendant as determined for each 29 defendant in the proper discretion of the court require that 30 the person: 31 (1) make a report to and appear in person before or 32 participate with the court or such courts, person, or 33 social service agency as directed by the court in the 34 order of supervision; SB1129 Engrossed -9- LRB9105190LDdvA 1 (2) pay a fine and costs; 2 (3) work or pursue a course of study or vocational 3 training; 4 (4) undergo medical, psychological or psychiatric 5 treatment; or treatment for drug addiction or alcoholism; 6 (5) attend or reside in a facility established for 7 the instruction or residence of defendants on probation; 8 (6) support his dependents; 9 (7) refrain from possessing a firearm or other 10 dangerous weapon; 11 (8) and in addition, if a minor: 12 (i) reside with his parents or in a foster 13 home; 14 (ii) attend school; 15 (iii) attend a non-residential program for 16 youth; 17 (iv) contribute to his own support at home or 18 in a foster home; and 19 (9) make restitution or reparation in an amount not 20 to exceed actual loss or damage to property and pecuniary 21 loss or make restitution under Section 5-5-6 to a 22 domestic violence shelter. The court shall determine the 23 amount and conditions of payment; 24 (10) perform some reasonable public or community 25 service; 26 (11) comply with the terms and conditions of an 27 order of protection issued by the court pursuant to the 28 Illinois Domestic Violence Act of 1986. If the court has 29 ordered the defendant to make a report and appear in 30 person under paragraph (1) of this subsection, a copy of 31 the order of protection shall be transmitted to the 32 person or agency so designated by the court; 33 (12) reimburse any "local anti-crime program" as 34 defined in Section 7 of the Anti-Crime Advisory Council SB1129 Engrossed -10- LRB9105190LDdvA 1 Act for any reasonable expenses incurred by the program 2 on the offender's case, not to exceed the maximum amount 3 of the fine authorized for the offense for which the 4 defendant was sentenced; 5 (13) contribute a reasonable sum of money, not to 6 exceed the maximum amount of the fine authorized for the 7 offense for which the defendant was sentenced, to a 8 "local anti-crime program", as defined in Section 7 of 9 the Anti-Crime Advisory Council Act; 10 (14) refrain from entering into a designated 11 geographic area except upon such terms as the court finds 12 appropriate. Such terms may include consideration of the 13 purpose of the entry, the time of day, other persons 14 accompanying the defendant, and advance approval by a 15 probation officer; 16 (15) refrain from having any contact, directly or 17 indirectly, with certain specified persons or particular 18 types of person, including but not limited to members of 19 street gangs and drug users or dealers; 20 (16) refrain from having in his or her body the 21 presence of any illicit drug prohibited by the Cannabis 22 Control Act or the Illinois Controlled Substances Act, 23 unless prescribed by a physician, and submit samples of 24 his or her blood or urine or both for tests to determine 25 the presence of any illicit drug;.26 (17) refrain from operating any motor vehicle not 27 equipped with an ignition interlock device as defined in 28 Section 1-129.1 of the Illinois Vehicle Code. Under this 29 condition the court may allow a defendant who is not 30 self-employed to operate a vehicle owned by the 31 defendant's employer that is not equipped with an 32 ignition interlock device in the course and scope of the 33 defendant's employment. 34 (d) The court shall defer entering any judgment on the SB1129 Engrossed -11- LRB9105190LDdvA 1 charges until the conclusion of the supervision. 2 (e) At the conclusion of the period of supervision, if 3 the court determines that the defendant has successfully 4 complied with all of the conditions of supervision, the court 5 shall discharge the defendant and enter a judgment dismissing 6 the charges. 7 (f) Discharge and dismissal upon a successful conclusion 8 of a disposition of supervision shall be deemed without 9 adjudication of guilt and shall not be termed a conviction 10 for purposes of disqualification or disabilities imposed by 11 law upon conviction of a crime. Two years after the 12 discharge and dismissal under this Section, unless the 13 disposition of supervision was for a violation of Sections 14 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois 15 Vehicle Code or a similar provision of a local ordinance, or 16 for a violation of Sections 12-3.2 or 16A-3 of the Criminal 17 Code of 1961, in which case it shall be 5 years after 18 discharge and dismissal, a person may have his record of 19 arrest sealed or expunged as may be provided by law. 20 However, any defendant placed on supervision before January 21 1, 1980, may move for sealing or expungement of his arrest 22 record, as provided by law, at any time after discharge and 23 dismissal under this Section. A person placed on supervision 24 for a sexual offense committed against a minor as defined in 25 subsection (g) of Section 5 of the Criminal Identification 26 Act or for a violation of Section 11-501 of the Illinois 27 Vehicle Code or a similar provision of a local ordinance 28 shall not have his or her record of arrest sealed or 29 expunged. 30 (g) A defendant placed on supervision and who during the 31 period of supervision undergoes mandatory drug or alcohol 32 testing, or both, or is assigned to be placed on an approved 33 electronic monitoring device, shall be ordered to pay the 34 costs incidental to such mandatory drug or alcohol testing, SB1129 Engrossed -12- LRB9105190LDdvA 1 or both, and costs incidental to such approved electronic 2 monitoring in accordance with the defendant's ability to pay 3 those costs. The county board with the concurrence of the 4 Chief Judge of the judicial circuit in which the county is 5 located shall establish reasonable fees for the cost of 6 maintenance, testing, and incidental expenses related to the 7 mandatory drug or alcohol testing, or both, and all costs 8 incidental to approved electronic monitoring, of all 9 defendants placed on supervision. The concurrence of the 10 Chief Judge shall be in the form of an administrative order. 11 The fees shall be collected by the clerk of the circuit 12 court. The clerk of the circuit court shall pay all moneys 13 collected from these fees to the county treasurer who shall 14 use the moneys collected to defray the costs of drug testing, 15 alcohol testing, and electronic monitoring. The county 16 treasurer shall deposit the fees collected in the county 17 working cash fund under Section 6-27001 or Section 6-29002 of 18 the Counties Code, as the case may be. 19 (h) A disposition of supervision is a final order for 20 the purposes of appeal. 21 (i) The court shall impose upon a defendant placed on 22 supervision after January 1, 1992, as a condition of 23 supervision, a fee of $25 for each month of supervision 24 ordered by the court, unless after determining the inability 25 of the person placed on supervision to pay the fee, the court 26 assesses a lesser fee. The court may not impose the fee on a 27 minor who is made a ward of the State under the Juvenile 28 Court Act of 1987 while the minor is in placement. The fee 29 shall be imposed only upon a defendant who is actively 30 supervised by the probation and court services department. 31 The fee shall be collected by the clerk of the circuit court. 32 The clerk of the circuit court shall pay all monies collected 33 from this fee to the county treasurer for deposit in the 34 probation and court services fund pursuant to Section 15.1 of SB1129 Engrossed -13- LRB9105190LDdvA 1 the Probation and Probation Officers Act. 2 (j) All fines and costs imposed under this Section for 3 any violation of Chapters 3, 4, 6, and 11 of the Illinois 4 Vehicle Code, or a similar provision of a local ordinance, 5 and any violation of the Child Passenger Protection Act, or a 6 similar provision of a local ordinance, shall be collected 7 and disbursed by the circuit clerk as provided under Section 8 27.5 of the Clerks of Courts Act. 9 (k) A defendant at least 17 years of age who is placed 10 on supervision for a misdemeanor in a county of 3,000,000 or 11 more inhabitants and who has not been previously convicted of 12 a misdemeanor or felony may as a condition of his or her 13 supervision be required by the court to attend educational 14 courses designed to prepare the defendant for a high school 15 diploma and to work toward a high school diploma or to work 16 toward passing the high school level Test of General 17 Educational Development (GED) or to work toward completing a 18 vocational training program approved by the court. The 19 defendant placed on supervision must attend a public 20 institution of education to obtain the educational or 21 vocational training required by this subsection (k). The 22 defendant placed on supervision shall be required to pay for 23 the cost of the educational courses or GED test, if a fee is 24 charged for those courses or test. The court shall revoke 25 the supervision of a person who wilfully fails to comply with 26 this subsection (k). The court shall resentence the 27 defendant upon revocation of supervision as provided in 28 Section 5-6-4. This subsection (k) does not apply to a 29 defendant who has a high school diploma or has successfully 30 passed the GED test. This subsection (k) does not apply to a 31 defendant who is determined by the court to be 32 developmentally disabled or otherwise mentally incapable of 33 completing the educational or vocational program. 34 (l) The court shall require a defendant placed on SB1129 Engrossed -14- LRB9105190LDdvA 1 supervision for possession of a substance prohibited by the 2 Cannabis Control Act or Illinois Controlled Substances Act 3 after a previous conviction or disposition of supervision for 4 possession of a substance prohibited by the Cannabis Control 5 Act or Illinois Controlled Substances Act or a sentence of 6 probation under Section 10 of the Cannabis Control Act or 7 Section 410 of the Illinois Controlled Substances Act and 8 after a finding by the court that the person is addicted, to 9 undergo treatment at a substance abuse program approved by 10 the court. 11 (m) The court shall require a defendant placed on 12 supervision for a violation of Section 3-707 of the Illinois 13 Vehicle Code or a similar provision of a local ordinance, as 14 a condition of supervision, to give proof of his or her 15 financial responsibility as defined in Section 7-315 of the 16 Illinois Vehicle Code. The proof shall be maintained by the 17 defendant in a manner satisfactory to the Secretary of State 18 for a minimum period of one year after the date the proof is 19 first filed. The Secretary of State shall suspend the 20 driver's license of any person determined by the Secretary to 21 be in violation of this subsection. 22 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95; 23 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff. 24 6-1-97; 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff. 25 1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 1-1-99.)