Rep. William Davis

Filed: 2/26/2014

 

 


 

 


 
09800HB4304ham001LRB098 15245 MLW 56031 a

1
AMENDMENT TO HOUSE BILL 4304

2    AMENDMENT NO. ______. Amend House Bill 4304 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 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

 

 

09800HB4304ham001- 2 -LRB098 15245 MLW 56031 a

1monitoring device driving permit. A person who drives and fails
2to comply with the requirements of the monitoring device
3driving permit commits a violation of Section 6-303 of this
4Code.
5    The following procedures shall apply whenever a first
6offender, as defined in Section 11-500 of this Code, is
7arrested for any offense as defined in Section 11-501 or a
8similar provision of a local ordinance and is subject to the
9provisions of Section 11-501.1:
10    (a) Upon mailing of the notice of suspension of driving
11privileges as provided in subsection (h) of Section 11-501.1 of
12this Code, the Secretary shall also send written notice
13informing the person that he or she will be issued a monitoring
14device driving permit (MDDP). The notice shall include, at
15minimum, information summarizing the procedure to be followed
16for issuance of the MDDP, installation of the breath alcohol
17ignition installation device (BAIID), as provided in this
18Section, exemption from BAIID installation requirements, and
19procedures to be followed by those seeking indigent status, as
20provided in this Section. The notice shall also include
21information summarizing the procedure to be followed if the
22person wishes to decline issuance of the MDDP. A copy of the
23notice shall also be sent to the court of venue together with
24the notice of suspension of driving privileges, as provided in
25subsection (h) of Section 11-501. However, a MDDP shall not be
26issued if the Secretary finds that:

 

 

09800HB4304ham001- 3 -LRB098 15245 MLW 56031 a

1        (1) The offender's driver's license is otherwise
2    invalid;
3        (2) Death or great bodily harm to another resulted from
4    the arrest for Section 11-501;
5        (3) The offender has been previously convicted of
6    reckless homicide or aggravated driving under the
7    influence involving death;
8        (4) The offender is less than 18 years of age; or
9        (5) The offender is a qualifying patient licensed under
10    the Compassionate Use of Medical Cannabis Pilot Program Act
11    who is in possession of a valid registry card issued under
12    that Act and refused to submit to standardized field
13    sobriety tests as required by subsection (a-5) of Section
14    11-501.1 or did submit to testing and failed the test or
15    tests.
16    Any offender participating in the MDDP program must pay the
17Secretary a MDDP Administration Fee in an amount not to exceed
18$30 per month, to be deposited into the Monitoring Device
19Driving Permit Administration Fee Fund. The Secretary shall
20establish by rule the amount and the procedures, terms, and
21conditions relating to these fees. The offender must have an
22ignition interlock device installed within 14 days of the date
23the Secretary issues the MDDP. The ignition interlock device
24provider must notify the Secretary, in a manner and form
25prescribed by the Secretary, of the installation. If the
26Secretary does not receive notice of installation, the

 

 

09800HB4304ham001- 4 -LRB098 15245 MLW 56031 a

1Secretary shall cancel the MDDP.
2    A MDDP shall not become effective prior to the 31st day of
3the original statutory summary suspension.
4    Upon receipt of the notice, as provided in paragraph (a) of
5this Section, the person may file a petition to decline
6issuance of the MDDP with the court of venue. The court shall
7admonish the offender of all consequences of declining issuance
8of the MDDP including, but not limited to, the enhanced
9penalties for driving while suspended. After being so
10admonished, the offender shall be permitted, in writing, to
11execute a notice declining issuance of the MDDP. This notice
12shall be filed with the court and forwarded by the clerk of the
13court to the Secretary. The offender may, at any time
14thereafter, apply to the Secretary for issuance of a MDDP.
15    (a-1) A person issued a MDDP may drive for any purpose and
16at any time, subject to the rules adopted by the Secretary
17under subsection (g). The person must, at his or her own
18expense, drive only vehicles equipped with an ignition
19interlock device as defined in Section 1-129.1, but in no event
20shall such person drive a commercial motor vehicle.
21    (a-2) Persons who are issued a MDDP and must drive
22employer-owned vehicles in the course of their employment
23duties may seek permission to drive an employer-owned vehicle
24that does not have an ignition interlock device. The employer
25shall provide to the Secretary a form, as prescribed by the
26Secretary, completed by the employer verifying that the

 

 

09800HB4304ham001- 5 -LRB098 15245 MLW 56031 a

1employee must drive an employer-owned vehicle in the course of
2employment. If approved by the Secretary, the form must be in
3the driver's possession while operating an employer-owner
4vehicle not equipped with an ignition interlock device. No
5person may use this exemption to drive a school bus, school
6vehicle, or a vehicle designed to transport more than 15
7passengers. No person may use this exemption to drive an
8employer-owned motor vehicle that is owned by an entity that is
9wholly or partially owned by the person holding the MDDP, or by
10a family member of the person holding the MDDP. No person may
11use this exemption to drive an employer-owned vehicle that is
12made available to the employee for personal use. No person may
13drive the exempted vehicle more than 12 hours per day, 6 days
14per week.
15    (a-3) Persons who are issued a MDDP and who must drive a
16farm tractor to and from a farm, within 50 air miles from the
17originating farm are exempt from installation of a BAIID on the
18farm tractor, so long as the farm tractor is being used for the
19exclusive purpose of conducting farm operations.
20    (b) (Blank).
21    (c) (Blank).
22    (c-1) If the holder of the MDDP is convicted of or receives
23court supervision for a violation of Section 6-206.2, 6-303,
2411-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
25provision of a local ordinance or a similar out-of-state
26offense or is convicted of or receives court supervision for

 

 

09800HB4304ham001- 6 -LRB098 15245 MLW 56031 a

1any offense for which alcohol or drugs is an element of the
2offense and in which a motor vehicle was involved (for an
3arrest other than the one for which the MDDP is issued), or
4de-installs the BAIID without prior authorization from the
5Secretary, the MDDP shall be cancelled.
6    (c-5) If the Secretary determines that the person seeking
7the MDDP is indigent, the Secretary shall provide the person
8with a written document as evidence of that determination, and
9the person shall provide that written document to an ignition
10interlock device provider. The provider shall install an
11ignition interlock device on that person's vehicle without
12charge to the person, and seek reimbursement from the Indigent
13BAIID Fund. If the Secretary has deemed an offender indigent,
14the BAIID provider shall also provide the normal monthly
15monitoring services and the de-installation without charge to
16the offender and seek reimbursement from the Indigent BAIID
17Fund. Any other monetary charges, such as a lockout fee or
18reset fee, shall be the responsibility of the MDDP holder. A
19BAIID provider may not seek a security deposit from the
20Indigent BAIID Fund.
21    (d) MDDP information shall be available only to the courts,
22police officers, and the Secretary, except during the actual
23period the MDDP is valid, during which time it shall be a
24public record.
25    (e) (Blank).
26    (f) (Blank).

 

 

09800HB4304ham001- 7 -LRB098 15245 MLW 56031 a

1    (g) The Secretary shall adopt rules for implementing this
2Section. The rules adopted shall address issues including, but
3not limited to: compliance with the requirements of the MDDP;
4methods for determining compliance with those requirements;
5the consequences of noncompliance with those requirements;
6what constitutes a violation of the MDDP; methods for
7determining indigency; and the duties of a person or entity
8that supplies the ignition interlock device.
9    (h) The rules adopted under subsection (g) shall provide,
10at a minimum, that the person is not in compliance with the
11requirements of the MDDP if he or she:
12        (1) tampers or attempts to tamper with or circumvent
13    the proper operation of the ignition interlock device;
14        (2) provides valid breath samples that register blood
15    alcohol levels in excess of the number of times allowed
16    under the rules;
17        (3) fails to provide evidence sufficient to satisfy the
18    Secretary that the ignition interlock device has been
19    installed in the designated vehicle or vehicles; or
20        (4) fails to follow any other applicable rules adopted
21    by the Secretary.
22    (i) Any person or entity that supplies an ignition
23interlock device as provided under this Section shall, in
24addition to supplying only those devices which fully comply
25with all the rules adopted under subsection (g), provide the
26Secretary, within 7 days of inspection, all monitoring reports

 

 

09800HB4304ham001- 8 -LRB098 15245 MLW 56031 a

1of each person who has had an ignition interlock device
2installed. These reports shall be furnished in a manner or form
3as prescribed by the Secretary.
4    (j) Upon making a determination that a violation of the
5requirements of the MDDP has occurred, the Secretary shall
6extend the summary suspension period for an additional 3 months
7beyond the originally imposed summary suspension period,
8during which time the person shall only be allowed to drive
9vehicles equipped with an ignition interlock device; provided
10further there are no limitations on the total number of times
11the summary suspension may be extended. The Secretary may,
12however, limit the number of extensions imposed for violations
13occurring during any one monitoring period, as set forth by
14rule. Any person whose summary suspension is extended pursuant
15to this Section shall have the right to contest the extension
16through a hearing with the Secretary, pursuant to Section 2-118
17of this Code. If the summary suspension has already terminated
18prior to the Secretary receiving the monitoring report that
19shows a violation, the Secretary shall be authorized to suspend
20the person's driving privileges for 3 months, provided that the
21Secretary may, by rule, limit the number of suspensions to be
22entered pursuant to this paragraph for violations occurring
23during any one monitoring period. Any person whose license is
24suspended pursuant to this paragraph, after the summary
25suspension had already terminated, shall have the right to
26contest the suspension through a hearing with the Secretary,

 

 

09800HB4304ham001- 9 -LRB098 15245 MLW 56031 a

1pursuant to Section 2-118 of this Code. The only permit the
2person shall be eligible for during this new suspension period
3is a MDDP.
4    (k) A person who has had his or her summary suspension
5extended for the third time, or has any combination of 3
6extensions and new suspensions, entered as a result of a
7violation that occurred while holding the MDDP, so long as the
8extensions and new suspensions relate to the same summary
9suspension, shall have his or her vehicle impounded for a
10period of 30 days, at the person's own expense. A person who
11has his or her summary suspension extended for the fourth time,
12or has any combination of 4 extensions and new suspensions,
13entered as a result of a violation that occurred while holding
14the MDDP, so long as the extensions and new suspensions relate
15to the same summary suspension, shall have his or her vehicle
16subject to seizure and forfeiture. The Secretary shall notify
17the prosecuting authority of any third or fourth extensions or
18new suspension entered as a result of a violation that occurred
19while the person held a MDDP. Upon receipt of the notification,
20the prosecuting authority shall impound or forfeit the vehicle.
21The impoundment or forfeiture of a vehicle shall be conducted
22pursuant to the procedure specified in Article 36 of the
23Criminal Code of 2012.
24    (l) A person whose driving privileges have been suspended
25under Section 11-501.1 of this Code and who had a MDDP that was
26cancelled, or would have been cancelled had notification of a

 

 

09800HB4304ham001- 10 -LRB098 15245 MLW 56031 a

1violation been received prior to expiration of the MDDP,
2pursuant to subsection (c-1) of this Section, shall not be
3eligible for reinstatement when the summary suspension is
4scheduled to terminate. Instead, the person's driving
5privileges shall be suspended for a period of not less than
6twice the original summary suspension period, or for the length
7of any extensions entered under subsection (j), whichever is
8longer. During the period of suspension, the person shall be
9eligible only to apply for a restricted driving permit. If a
10restricted driving permit is granted, the offender may only
11operate vehicles equipped with a BAIID in accordance with this
12Section.
13    (m) Any person or entity that supplies an ignition
14interlock device under this Section shall, for each ignition
15interlock device installed, pay 5% of the total gross revenue
16received for the device, including monthly monitoring fees,
17into the Indigent BAIID Fund. This 5% shall be clearly
18indicated as a separate surcharge on each invoice that is
19issued. The Secretary shall conduct an annual review of the
20fund to determine whether the surcharge is sufficient to
21provide for indigent users. The Secretary may increase or
22decrease this surcharge requirement as needed.
23    (n) Any person or entity that supplies an ignition
24interlock device under this Section that is requested to
25provide an ignition interlock device to a person who presents
26written documentation of indigency from the Secretary, as

 

 

09800HB4304ham001- 11 -LRB098 15245 MLW 56031 a

1provided in subsection (c-5) of this Section, shall install the
2device on the person's vehicle without charge to the person and
3shall seek reimbursement from the Indigent BAIID Fund.
4    (o) The Indigent BAIID Fund is created as a special fund in
5the State treasury. The Secretary shall, subject to
6appropriation by the General Assembly, use all money in the
7Indigent BAIID Fund to reimburse ignition interlock device
8providers who have installed devices in vehicles of indigent
9persons. The Secretary shall make payments to such providers
10every 3 months. If the amount of money in the fund at the time
11payments are made is not sufficient to pay all requests for
12reimbursement submitted during that 3 month period, the
13Secretary shall make payments on a pro-rata basis, and those
14payments shall be considered payment in full for the requests
15submitted.
16    (p) The Monitoring Device Driving Permit Administration
17Fee Fund is created as a special fund in the State treasury.
18The Secretary shall, subject to appropriation by the General
19Assembly, use the money paid into this fund to offset its
20administrative costs for administering MDDPs.
21    (q) The Secretary is authorized to prescribe such forms as
22it deems necessary to carry out the provisions of this Section.
23(Source: P.A. 97-229; 97-813, eff. 7-13-12; 97-1150, eff.
241-25-13; 98-122, eff. 1-1-14.)
 
25    (625 ILCS 5/6-208.1)  (from Ch. 95 1/2, par. 6-208.1)

 

 

09800HB4304ham001- 12 -LRB098 15245 MLW 56031 a

1    (Text of Section from P.A. 96-1526 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    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
26    Protection Act, pursuant to Section 11-501.1; or

 

 

09800HB4304ham001- 13 -LRB098 15245 MLW 56031 a

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

 

 

09800HB4304ham001- 14 -LRB098 15245 MLW 56031 a

1privilege to drive a motor vehicle under Section 11-501.1,
2driving privileges shall be restored unless the person is
3otherwise suspended, revoked, or cancelled by this Code. If the
4court has reason to believe that the person's driving privilege
5should not be restored, the court shall notify the Secretary of
6State prior to the expiration of the statutory summary
7suspension so appropriate action may be taken pursuant to this
8Code.
9    (c) Driving privileges may not be restored until all
10applicable reinstatement fees, as provided by this Code, have
11been paid to the Secretary of State and the appropriate entry
12made to the driver's record.
13    (d) Where a driving privilege has been summarily suspended
14or revoked under Section 11-501.1 and the person is
15subsequently convicted of violating Section 11-501, or a
16similar provision of a local ordinance, for the same incident,
17any period served on statutory summary suspension or revocation
18shall be credited toward the minimum period of revocation of
19driving privileges imposed pursuant to Section 6-205.
20    (e) A first offender who refused chemical testing and whose
21driving privileges were summarily revoked pursuant to Section
2211-501.1 shall not be eligible for a monitoring device driving
23permit, but may make application for reinstatement or for a
24restricted driving permit after a period of one year has
25elapsed from the effective date of the revocation (Blank).
26    (f) (Blank).

 

 

09800HB4304ham001- 15 -LRB098 15245 MLW 56031 a

1    (g) Following a statutory summary suspension of driving
2privileges pursuant to Section 11-501.1 where the person was
3not a first offender, as defined in Section 11-500, the
4Secretary of State may not issue a restricted driving permit.
5    (h) (Blank).
6(Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876,
7eff. 8-21-08; 96-1526, eff. 2-14-11; 98-122, eff. 1-1-14.)
 
8    (Text of Section from P.A. 96-1344, 97-229, and 98-122)
9    Sec. 6-208.1. Period of statutory summary alcohol, other
10drug, or intoxicating compound related suspension or
11revocation.
12    (a) Unless the statutory summary suspension has been
13rescinded, any person whose privilege to drive a motor vehicle
14on the public highways has been summarily suspended, pursuant
15to Section 11-501.1, shall not be eligible for restoration of
16the privilege until the expiration of:
17        1. Twelve months from the effective date of the
18    statutory summary suspension for a refusal or failure to
19    complete a test or tests authorized under Section 11-501.1,
20    if the person was not involved in a motor vehicle accident
21    crash that caused personal injury or death to another; or
22        2. Six months from the effective date of the statutory
23    summary suspension imposed following the person's
24    submission to a chemical test which disclosed an alcohol
25    concentration of 0.08 or more, or any amount of a drug,

 

 

09800HB4304ham001- 16 -LRB098 15245 MLW 56031 a

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

 

 

09800HB4304ham001- 17 -LRB098 15245 MLW 56031 a

1    summary suspension imposed for any person following
2    submission to a standardized field sobriety test that
3    disclosed impairment if the person is a qualifying patient
4    licensed under the Compassionate Use of Medical Cannabis
5    Pilot Program Act who is in possession of a valid registry
6    card issued under that Act and submitted to testing under
7    subsection (a-5) of Section 11-501.1.
8    (a-1) Unless the statutory summary revocation has been
9rescinded, any person whose privilege to drive has been
10summarily revoked pursuant to Section 11-501.1 may not make
11application for a license or permit until the expiration of one
12year from the effective date of the summary revocation.
13    (b) Following a statutory summary suspension of the
14privilege to drive a motor vehicle under Section 11-501.1,
15driving privileges shall be restored unless the person is
16otherwise suspended, revoked, or cancelled by this Code. If the
17court has reason to believe that the person's driving privilege
18should not be restored, the court shall notify the Secretary of
19State prior to the expiration of the statutory summary
20suspension so appropriate action may be taken pursuant to this
21Code.
22    (c) Driving privileges may not be restored until all
23applicable reinstatement fees, as provided by this Code, have
24been paid to the Secretary of State and the appropriate entry
25made to the driver's record.
26    (d) Where a driving privilege has been summarily suspended

 

 

09800HB4304ham001- 18 -LRB098 15245 MLW 56031 a

1or revoked under Section 11-501.1 and the person is
2subsequently convicted of violating Section 11-501, or a
3similar provision of a local ordinance, for the same incident,
4any period served on statutory summary suspension or revocation
5shall be credited toward the minimum period of revocation of
6driving privileges imposed pursuant to Section 6-205.
7    (e) Following a statutory summary suspension of driving
8privileges pursuant to Section 11-501.1, for a first offender,
9the circuit court shall, unless the offender has opted in
10writing not to have a monitoring device driving permit issued,
11order the Secretary of State to issue a monitoring device
12driving permit as provided in Section 6-206.1. A monitoring
13device driving permit shall not be effective prior to the 31st
14day of the statutory summary suspension. A first offender who
15refused chemical testing and whose driving privileges were
16summarily revoked pursuant to Section 11-501.1 shall not be
17eligible for a monitoring device driving permit, but may make
18application for reinstatement or for a restricted driving
19permit after a period of one year has elapsed from the
20effective date of the revocation.
21    (f) (Blank).
22    (g) Following a statutory summary suspension of driving
23privileges pursuant to Section 11-501.1 where the person was
24not a first offender, as defined in Section 11-500, the
25Secretary of State may not issue a restricted driving permit.
26    (h) (Blank).

 

 

09800HB4304ham001- 19 -LRB098 15245 MLW 56031 a

1(Source: P.A. 96-1344, eff. 7-1-11; 97-229, eff. 7-28-11;
298-122, eff. 1-1-14.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".