HB4304 EngrossedLRB098 15245 MLW 50252 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-206.1 and 6-208.1 as follows:
 
6    (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
7    Sec. 6-206.1. Monitoring Device Driving Permit.
8Declaration of Policy. It is hereby declared a policy of the
9State of Illinois that the driver who is impaired by alcohol,
10other drug or drugs, or intoxicating compound or compounds is a
11threat to the public safety and welfare. Therefore, to provide
12a deterrent to such practice, a statutory summary driver's
13license suspension is appropriate. It is also recognized that
14driving is a privilege and therefore, that the granting of
15driving privileges, in a manner consistent with public safety,
16is warranted during the period of suspension in the form of a
17monitoring device driving permit. A person who drives and fails
18to comply with the requirements of the monitoring device
19driving permit commits a violation of Section 6-303 of this
20Code.
21    The following procedures shall apply whenever a first
22offender, as defined in Section 11-500 of this Code, is
23arrested for any offense as defined in Section 11-501 or a

 

 

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1similar provision of a local ordinance and is subject to the
2provisions of Section 11-501.1:
3    (a) Upon mailing of the notice of suspension of driving
4privileges as provided in subsection (h) of Section 11-501.1 of
5this Code, the Secretary shall also send written notice
6informing the person that he or she will be issued a monitoring
7device driving permit (MDDP). The notice shall include, at
8minimum, information summarizing the procedure to be followed
9for issuance of the MDDP, installation of the breath alcohol
10ignition installation device (BAIID), as provided in this
11Section, exemption from BAIID installation requirements, and
12procedures to be followed by those seeking indigent status, as
13provided in this Section. The notice shall also include
14information summarizing the procedure to be followed if the
15person wishes to decline issuance of the MDDP. A copy of the
16notice shall also be sent to the court of venue together with
17the notice of suspension of driving privileges, as provided in
18subsection (h) of Section 11-501. However, a MDDP shall not be
19issued if the Secretary finds that:
20        (1) The offender's driver's license is otherwise
21    invalid;
22        (2) Death or great bodily harm to another resulted from
23    the arrest for Section 11-501;
24        (3) The offender has been previously convicted of
25    reckless homicide or aggravated driving under the
26    influence involving death;

 

 

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1        (4) The offender is less than 18 years of age; or
2        (5) The offender is a qualifying patient licensed under
3    the Compassionate Use of Medical Cannabis Pilot Program Act
4    who is in possession of a valid registry card issued under
5    that Act and refused to submit to standardized field
6    sobriety tests as required by subsection (a-5) of Section
7    11-501.1 or did submit to testing and failed the test or
8    tests.
9    Any offender participating in the MDDP program must pay the
10Secretary a MDDP Administration Fee in an amount not to exceed
11$30 per month, to be deposited into the Monitoring Device
12Driving Permit Administration Fee Fund. The Secretary shall
13establish by rule the amount and the procedures, terms, and
14conditions relating to these fees. The offender must have an
15ignition interlock device installed within 14 days of the date
16the Secretary issues the MDDP. The ignition interlock device
17provider must notify the Secretary, in a manner and form
18prescribed by the Secretary, of the installation. If the
19Secretary does not receive notice of installation, the
20Secretary shall cancel the MDDP.
21    A MDDP shall not become effective prior to the 31st day of
22the original statutory summary suspension.
23    Upon receipt of the notice, as provided in paragraph (a) of
24this Section, the person may file a petition to decline
25issuance of the MDDP with the court of venue. The court shall
26admonish the offender of all consequences of declining issuance

 

 

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1of the MDDP including, but not limited to, the enhanced
2penalties for driving while suspended. After being so
3admonished, the offender shall be permitted, in writing, to
4execute a notice declining issuance of the MDDP. This notice
5shall be filed with the court and forwarded by the clerk of the
6court to the Secretary. The offender may, at any time
7thereafter, apply to the Secretary for issuance of a MDDP.
8    (a-1) A person issued a MDDP may drive for any purpose and
9at any time, subject to the rules adopted by the Secretary
10under subsection (g). The person must, at his or her own
11expense, drive only vehicles equipped with an ignition
12interlock device as defined in Section 1-129.1, but in no event
13shall such person drive a commercial motor vehicle.
14    (a-2) Persons who are issued a MDDP and must drive
15employer-owned vehicles in the course of their employment
16duties may seek permission to drive an employer-owned vehicle
17that does not have an ignition interlock device. The employer
18shall provide to the Secretary a form, as prescribed by the
19Secretary, completed by the employer verifying that the
20employee must drive an employer-owned vehicle in the course of
21employment. If approved by the Secretary, the form must be in
22the driver's possession while operating an employer-owner
23vehicle not equipped with an ignition interlock device. No
24person may use this exemption to drive a school bus, school
25vehicle, or a vehicle designed to transport more than 15
26passengers. No person may use this exemption to drive an

 

 

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1employer-owned motor vehicle that is owned by an entity that is
2wholly or partially owned by the person holding the MDDP, or by
3a family member of the person holding the MDDP. No person may
4use this exemption to drive an employer-owned vehicle that is
5made available to the employee for personal use. No person may
6drive the exempted vehicle more than 12 hours per day, 6 days
7per week.
8    (a-3) Persons who are issued a MDDP and who must drive a
9farm tractor to and from a farm, within 50 air miles from the
10originating farm are exempt from installation of a BAIID on the
11farm tractor, so long as the farm tractor is being used for the
12exclusive purpose of conducting farm operations.
13    (b) (Blank).
14    (c) (Blank).
15    (c-1) If the holder of the MDDP is convicted of or receives
16court supervision for a violation of Section 6-206.2, 6-303,
1711-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
18provision of a local ordinance or a similar out-of-state
19offense or is convicted of or receives court supervision for
20any offense for which alcohol or drugs is an element of the
21offense and in which a motor vehicle was involved (for an
22arrest other than the one for which the MDDP is issued), or
23de-installs the BAIID without prior authorization from the
24Secretary, the MDDP shall be cancelled.
25    (c-5) If the Secretary determines that the person seeking
26the MDDP is indigent, the Secretary shall provide the person

 

 

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1with a written document as evidence of that determination, and
2the person shall provide that written document to an ignition
3interlock device provider. The provider shall install an
4ignition interlock device on that person's vehicle without
5charge to the person, and seek reimbursement from the Indigent
6BAIID Fund. If the Secretary has deemed an offender indigent,
7the BAIID provider shall also provide the normal monthly
8monitoring services and the de-installation without charge to
9the offender and seek reimbursement from the Indigent BAIID
10Fund. Any other monetary charges, such as a lockout fee or
11reset fee, shall be the responsibility of the MDDP holder. A
12BAIID provider may not seek a security deposit from the
13Indigent BAIID Fund.
14    (d) MDDP information shall be available only to the courts,
15police officers, and the Secretary, except during the actual
16period the MDDP is valid, during which time it shall be a
17public record.
18    (e) (Blank).
19    (f) (Blank).
20    (g) The Secretary shall adopt rules for implementing this
21Section. The rules adopted shall address issues including, but
22not limited to: compliance with the requirements of the MDDP;
23methods for determining compliance with those requirements;
24the consequences of noncompliance with those requirements;
25what constitutes a violation of the MDDP; methods for
26determining indigency; and the duties of a person or entity

 

 

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1that supplies the ignition interlock device.
2    (h) The rules adopted under subsection (g) shall provide,
3at a minimum, that the person is not in compliance with the
4requirements of the MDDP if he or she:
5        (1) tampers or attempts to tamper with or circumvent
6    the proper operation of the ignition interlock device;
7        (2) provides valid breath samples that register blood
8    alcohol levels in excess of the number of times allowed
9    under the rules;
10        (3) fails to provide evidence sufficient to satisfy the
11    Secretary that the ignition interlock device has been
12    installed in the designated vehicle or vehicles; or
13        (4) fails to follow any other applicable rules adopted
14    by the Secretary.
15    (i) Any person or entity that supplies an ignition
16interlock device as provided under this Section shall, in
17addition to supplying only those devices which fully comply
18with all the rules adopted under subsection (g), provide the
19Secretary, within 7 days of inspection, all monitoring reports
20of each person who has had an ignition interlock device
21installed. These reports shall be furnished in a manner or form
22as prescribed by the Secretary.
23    (j) Upon making a determination that a violation of the
24requirements of the MDDP has occurred, the Secretary shall
25extend the summary suspension period for an additional 3 months
26beyond the originally imposed summary suspension period,

 

 

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1during which time the person shall only be allowed to drive
2vehicles equipped with an ignition interlock device; provided
3further there are no limitations on the total number of times
4the summary suspension may be extended. The Secretary may,
5however, limit the number of extensions imposed for violations
6occurring during any one monitoring period, as set forth by
7rule. Any person whose summary suspension is extended pursuant
8to this Section shall have the right to contest the extension
9through a hearing with the Secretary, pursuant to Section 2-118
10of this Code. If the summary suspension has already terminated
11prior to the Secretary receiving the monitoring report that
12shows a violation, the Secretary shall be authorized to suspend
13the person's driving privileges for 3 months, provided that the
14Secretary may, by rule, limit the number of suspensions to be
15entered pursuant to this paragraph for violations occurring
16during any one monitoring period. Any person whose license is
17suspended pursuant to this paragraph, after the summary
18suspension had already terminated, shall have the right to
19contest the suspension through a hearing with the Secretary,
20pursuant to Section 2-118 of this Code. The only permit the
21person shall be eligible for during this new suspension period
22is a MDDP.
23    (k) A person who has had his or her summary suspension
24extended for the third time, or has any combination of 3
25extensions and new suspensions, entered as a result of a
26violation that occurred while holding the MDDP, so long as the

 

 

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1extensions and new suspensions relate to the same summary
2suspension, shall have his or her vehicle impounded for a
3period of 30 days, at the person's own expense. A person who
4has his or her summary suspension extended for the fourth time,
5or has any combination of 4 extensions and new suspensions,
6entered as a result of a violation that occurred while holding
7the MDDP, so long as the extensions and new suspensions relate
8to the same summary suspension, shall have his or her vehicle
9subject to seizure and forfeiture. The Secretary shall notify
10the prosecuting authority of any third or fourth extensions or
11new suspension entered as a result of a violation that occurred
12while the person held a MDDP. Upon receipt of the notification,
13the prosecuting authority shall impound or forfeit the vehicle.
14The impoundment or forfeiture of a vehicle shall be conducted
15pursuant to the procedure specified in Article 36 of the
16Criminal Code of 2012.
17    (l) A person whose driving privileges have been suspended
18under Section 11-501.1 of this Code and who had a MDDP that was
19cancelled, or would have been cancelled had notification of a
20violation been received prior to expiration of the MDDP,
21pursuant to subsection (c-1) of this Section, shall not be
22eligible for reinstatement when the summary suspension is
23scheduled to terminate. Instead, the person's driving
24privileges shall be suspended for a period of not less than
25twice the original summary suspension period, or for the length
26of any extensions entered under subsection (j), whichever is

 

 

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1longer. During the period of suspension, the person shall be
2eligible only to apply for a restricted driving permit. If a
3restricted driving permit is granted, the offender may only
4operate vehicles equipped with a BAIID in accordance with this
5Section.
6    (m) Any person or entity that supplies an ignition
7interlock device under this Section shall, for each ignition
8interlock device installed, pay 5% of the total gross revenue
9received for the device, including monthly monitoring fees,
10into the Indigent BAIID Fund. This 5% shall be clearly
11indicated as a separate surcharge on each invoice that is
12issued. The Secretary shall conduct an annual review of the
13fund to determine whether the surcharge is sufficient to
14provide for indigent users. The Secretary may increase or
15decrease this surcharge requirement as needed.
16    (n) Any person or entity that supplies an ignition
17interlock device under this Section that is requested to
18provide an ignition interlock device to a person who presents
19written documentation of indigency from the Secretary, as
20provided in subsection (c-5) of this Section, shall install the
21device on the person's vehicle without charge to the person and
22shall seek reimbursement from the Indigent BAIID Fund.
23    (o) The Indigent BAIID Fund is created as a special fund in
24the State treasury. The Secretary shall, subject to
25appropriation by the General Assembly, use all money in the
26Indigent BAIID Fund to reimburse ignition interlock device

 

 

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1providers who have installed devices in vehicles of indigent
2persons. The Secretary shall make payments to such providers
3every 3 months. If the amount of money in the fund at the time
4payments are made is not sufficient to pay all requests for
5reimbursement submitted during that 3 month period, the
6Secretary shall make payments on a pro-rata basis, and those
7payments shall be considered payment in full for the requests
8submitted.
9    (p) The Monitoring Device Driving Permit Administration
10Fee Fund is created as a special fund in the State treasury.
11The Secretary shall, subject to appropriation by the General
12Assembly, use the money paid into this fund to offset its
13administrative costs for administering MDDPs.
14    (q) The Secretary is authorized to prescribe such forms as
15it deems necessary to carry out the provisions of this Section.
16(Source: P.A. 97-229; 97-813, eff. 7-13-12; 97-1150, eff.
171-25-13; 98-122, eff. 1-1-14.)
 
18    (625 ILCS 5/6-208.1)  (from Ch. 95 1/2, par. 6-208.1)
19    (Text of Section from P.A. 96-1526 and 98-122)
20    Sec. 6-208.1. Period of statutory summary alcohol, other
21drug, or intoxicating compound related suspension or
22revocation.
23    (a) Unless the statutory summary suspension has been
24rescinded, any person whose privilege to drive a motor vehicle
25on the public highways has been summarily suspended, pursuant

 

 

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1to Section 11-501.1, shall not be eligible for restoration of
2the privilege until the expiration of:
3        1. Twelve months from the effective date of the
4    statutory summary suspension for a refusal or failure to
5    complete a test or tests authorized under Section 11-501.1,
6    if the person was not involved in a motor vehicle accident
7    that caused personal injury or death to another; or
8        2. Six months from the effective date of the statutory
9    summary suspension imposed following the person's
10    submission to a chemical test which disclosed an alcohol
11    concentration of 0.08 or more, or any amount of a drug,
12    substance, or intoxicating compound in such person's
13    breath, blood, or urine resulting from the unlawful use or
14    consumption of cannabis listed in the Cannabis Control Act,
15    a controlled substance listed in the Illinois Controlled
16    Substances Act, an intoxicating compound listed in the Use
17    of Intoxicating Compounds Act, or methamphetamine as
18    listed in the Methamphetamine Control and Community
19    Protection Act, pursuant to Section 11-501.1; or
20        3. Three years from the effective date of the statutory
21    summary suspension for any person other than a first
22    offender who refuses or fails to complete a test or tests
23    to determine the alcohol, drug, or intoxicating compound
24    concentration pursuant to Section 11-501.1; or
25        4. One year from the effective date of the summary
26    suspension imposed for any person other than a first

 

 

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1    offender following submission to a chemical test which
2    disclosed an alcohol concentration of 0.08 or more pursuant
3    to Section 11-501.1 or any amount of a drug, substance or
4    compound in such person's blood or urine resulting from the
5    unlawful use or consumption of cannabis listed in the
6    Cannabis Control Act, a controlled substance listed in the
7    Illinois Controlled Substances Act, an intoxicating
8    compound listed in the Use of Intoxicating Compounds Act,
9    or methamphetamine as listed in the Methamphetamine
10    Control and Community Protection Act; or
11        5. Six months from the effective date of the statutory
12    summary suspension imposed for any person following
13    submission to a standardized field sobriety test that
14    disclosed impairment if the person is a qualifying patient
15    licensed under the Compassionate Use of Medical Cannabis
16    Pilot Program Act who is in possession of a valid registry
17    card issued under that Act and submitted to testing under
18    subsection (a-5) of Section 11-501.1.
19    (b) Following a statutory summary suspension of the
20privilege to drive a motor vehicle under Section 11-501.1,
21driving privileges shall be restored unless the person is
22otherwise suspended, revoked, or cancelled by this Code. If the
23court has reason to believe that the person's driving privilege
24should not be restored, the court shall notify the Secretary of
25State prior to the expiration of the statutory summary
26suspension so appropriate action may be taken pursuant to this

 

 

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1Code.
2    (c) Driving privileges may not be restored until all
3applicable reinstatement fees, as provided by this Code, have
4been paid to the Secretary of State and the appropriate entry
5made to the driver's record.
6    (d) Where a driving privilege has been summarily suspended
7or revoked under Section 11-501.1 and the person is
8subsequently convicted of violating Section 11-501, or a
9similar provision of a local ordinance, for the same incident,
10any period served on statutory summary suspension or revocation
11shall be credited toward the minimum period of revocation of
12driving privileges imposed pursuant to Section 6-205.
13    (e) A first offender who refused chemical testing and whose
14driving privileges were summarily revoked pursuant to Section
1511-501.1 shall not be eligible for a monitoring device driving
16permit, but may make application for reinstatement or for a
17restricted driving permit after a period of one year has
18elapsed from the effective date of the revocation (Blank).
19    (f) (Blank).
20    (g) Following a statutory summary suspension of driving
21privileges pursuant to Section 11-501.1 where the person was
22not a first offender, as defined in Section 11-500, the
23Secretary of State may not issue a restricted driving permit.
24    (h) (Blank).
25(Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876,
26eff. 8-21-08; 96-1526, eff. 2-14-11; 98-122, eff. 1-1-14.)
 

 

 

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1    (Text of Section from P.A. 96-1344, 97-229, and 98-122)
2    Sec. 6-208.1. Period of statutory summary alcohol, other
3drug, or intoxicating compound related suspension or
4revocation.
5    (a) Unless the statutory summary suspension has been
6rescinded, any person whose privilege to drive a motor vehicle
7on the public highways has been summarily suspended, pursuant
8to Section 11-501.1, shall not be eligible for restoration of
9the privilege until the expiration of:
10        1. Twelve months from the effective date of the
11    statutory summary suspension for a refusal or failure to
12    complete a test or tests authorized under Section 11-501.1,
13    if the person was not involved in a motor vehicle accident
14    crash that caused personal injury or death to another; or
15        2. Six months from the effective date of the statutory
16    summary suspension imposed following the person's
17    submission to a chemical test which disclosed an alcohol
18    concentration of 0.08 or more, or any amount of a drug,
19    substance, or intoxicating compound in such person's
20    breath, blood, or urine resulting from the unlawful use or
21    consumption of cannabis listed in the Cannabis Control Act,
22    a controlled substance listed in the Illinois Controlled
23    Substances Act, an intoxicating compound listed in the Use
24    of Intoxicating Compounds Act, or methamphetamine as
25    listed in the Methamphetamine Control and Community

 

 

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1    Protection Act, pursuant to Section 11-501.1; or
2        3. Three years from the effective date of the statutory
3    summary suspension for any person other than a first
4    offender who refuses or fails to complete a test or tests
5    to determine the alcohol, drug, or intoxicating compound
6    concentration pursuant to Section 11-501.1; or
7        4. One year from the effective date of the summary
8    suspension imposed for any person other than a first
9    offender following submission to a chemical test which
10    disclosed an alcohol concentration of 0.08 or more pursuant
11    to Section 11-501.1 or any amount of a drug, substance or
12    compound in such person's blood or urine resulting from the
13    unlawful use or consumption of cannabis listed in the
14    Cannabis Control Act, a controlled substance listed in the
15    Illinois Controlled Substances Act, an intoxicating
16    compound listed in the Use of Intoxicating Compounds Act,
17    or methamphetamine as listed in the Methamphetamine
18    Control and Community Protection Act; or
19        5. Six months from the effective date of the statutory
20    summary suspension imposed for any person following
21    submission to a standardized field sobriety test that
22    disclosed impairment if the person is a qualifying patient
23    licensed under the Compassionate Use of Medical Cannabis
24    Pilot Program Act who is in possession of a valid registry
25    card issued under that Act and submitted to testing under
26    subsection (a-5) of Section 11-501.1.

 

 

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1    (a-1) Unless the statutory summary revocation has been
2rescinded, any person whose privilege to drive has been
3summarily revoked pursuant to Section 11-501.1 may not make
4application for a license or permit until the expiration of one
5year from the effective date of the summary revocation.
6    (b) Following a statutory summary suspension of the
7privilege to drive a motor vehicle under Section 11-501.1,
8driving privileges shall be restored unless the person is
9otherwise suspended, revoked, or cancelled by this Code. If the
10court has reason to believe that the person's driving privilege
11should not be restored, the court shall notify the Secretary of
12State prior to the expiration of the statutory summary
13suspension so appropriate action may be taken pursuant to this
14Code.
15    (c) Driving privileges may not be restored until all
16applicable reinstatement fees, as provided by this Code, have
17been paid to the Secretary of State and the appropriate entry
18made to the driver's record.
19    (d) Where a driving privilege has been summarily suspended
20or revoked under Section 11-501.1 and the person is
21subsequently convicted of violating Section 11-501, or a
22similar provision of a local ordinance, for the same incident,
23any period served on statutory summary suspension or revocation
24shall be credited toward the minimum period of revocation of
25driving privileges imposed pursuant to Section 6-205.
26    (e) Following a statutory summary suspension of driving

 

 

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1privileges pursuant to Section 11-501.1, for a first offender,
2the circuit court shall, unless the offender has opted in
3writing not to have a monitoring device driving permit issued,
4order the Secretary of State to issue a monitoring device
5driving permit as provided in Section 6-206.1. A monitoring
6device driving permit shall not be effective prior to the 31st
7day of the statutory summary suspension. A first offender who
8refused chemical testing and whose driving privileges were
9summarily revoked pursuant to Section 11-501.1 shall not be
10eligible for a monitoring device driving permit, but may make
11application for reinstatement or for a restricted driving
12permit after a period of one year has elapsed from the
13effective date of the revocation.
14    (f) (Blank).
15    (g) Following a statutory summary suspension of driving
16privileges pursuant to Section 11-501.1 where the person was
17not a first offender, as defined in Section 11-500, the
18Secretary of State may not issue a restricted driving permit.
19    (h) (Blank).
20(Source: P.A. 96-1344, eff. 7-1-11; 97-229, eff. 7-28-11;
2198-122, eff. 1-1-14.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.