93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3103


 
Introduced 2/6/2004, by Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:
 		














625 ILCS 5/6-208.1
  from Ch. 95 1/2, par. 6-208.1







    Amends the Illinois Vehicle Code. Increases from 6 months to one year the period of statutory summary suspension of a person's driving privileges for failure or refusal to complete testing for alcohol, drugs, or intoxicating compounds.
















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A BILL FOR









 











SB3103

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    AN ACT concerning vehicles.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Vehicle Code is amended  by changing 
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Section 6-208.1 as follows:
 



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    (625 ILCS 5/6-208.1)  (from Ch. 95 1/2, par. 6-208.1)



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    Sec. 6-208.1. Period of statutory summary alcohol, other 
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drug,
or intoxicating compound related suspension.

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    (a) Unless the statutory summary suspension has been 
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rescinded, any
person whose privilege to drive a motor vehicle 
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on the public highways has
been summarily suspended, pursuant 
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to Section 11-501.1, shall not be
eligible for restoration of 
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the privilege until the expiration of:


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        1. One year
Six months from the effective date of the 
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    statutory summary suspension
for a refusal or failure to 
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    complete a test or tests to determine the
alcohol, drug, or 
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    intoxicating compound concentration, pursuant
to
Section 
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    11-501.1; or


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        2. Three months from the effective date of the 
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    statutory summary
suspension imposed following the 
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    person's submission to a chemical test
which disclosed an 
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    alcohol concentration of 0.08 or more, or any
amount
of a

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    drug, substance, or intoxicating compound in such person's

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    breath, blood, or
urine resulting
from the unlawful use or 
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    consumption of cannabis listed in the Cannabis
Control Act, 
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    a controlled substance listed in the Illinois
Controlled

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    Substances Act, or an intoxicating compound listed in the 
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    Use of Intoxicating
Compounds Act, pursuant to Section 
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    11-501.1; or


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        3. Three years from the effective date of the statutory 
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    summary suspension
for any person other than a first 
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    offender who refuses or fails to
complete a test or tests 
 


 






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    to determine the alcohol, drug, or
intoxicating
compound 
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    concentration
pursuant to Section 11-501.1; or


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        4. One year from the effective date of the summary 
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    suspension imposed
for any person other than a first 
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    offender following submission to a
chemical test which 
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    disclosed an alcohol concentration of 0.08 or
more
pursuant 
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    to Section 11-501.1 or any amount of a drug, substance or

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    compound in such person's blood or urine resulting from the 
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    unlawful use or
consumption of cannabis listed in the 
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    Cannabis Control Act, a
controlled
substance listed in the 
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    Illinois Controlled Substances Act, or an
intoxicating

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    compound listed in the Use of Intoxicating Compounds Act.

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    (b) Following a statutory summary suspension of the 
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privilege to drive a
motor vehicle under Section 11-501.1, full 
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driving privileges shall be
restored unless the person is 
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otherwise disqualified by this Code.  If
the court has reason to 
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believe that the person's
driving privilege should not be 
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restored, the court shall notify
the Secretary of State prior 
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to the expiration of the statutory summary
suspension so 
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appropriate action may be taken pursuant to this Code.

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    (c) Full driving privileges may not be restored until all 
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applicable
reinstatement fees, as provided by this Code, have 
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been paid to the Secretary
of State and the appropriate entry 
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made to the driver's record.

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    (d) Where a driving privilege has been summarily suspended 
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under Section
11-501.1 and the person is subsequently convicted 
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of violating Section
11-501, or a similar provision of a local 
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ordinance, for the same incident,
any period served on 
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statutory summary suspension shall be credited toward
the 
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minimum period of revocation of driving privileges imposed 
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pursuant to
Section 6-205.

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    (e) Following a statutory summary suspension of driving 
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privileges
pursuant to Section 11-501.1, for a first offender, 
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the circuit court may,
after at least 30 days from the 
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effective date of the statutory summary
suspension, issue a 
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judicial driving permit as provided in Section 6-206.1.

 


 






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    (f) Subsequent to an arrest of a first offender, for any 
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offense as
defined in Section 11-501 or a similar provision of 
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a local ordinance,
following a statutory summary suspension of 
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driving privileges pursuant to
Section 11-501.1, for a first 
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offender, the circuit court may issue a court
order directing 
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the Secretary of State to issue a judicial driving permit
as 
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provided in Section 6-206.1.  However, this JDP shall not be 
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effective
prior to the 31st day of the statutory summary 
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suspension.

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    (g) Following a statutory summary suspension of driving 
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privileges
pursuant to Section 11-501.1 where the person was 
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not a first offender, as
defined in Section 11-500, the 
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Secretary of State may not issue a
restricted driving permit.

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    (h) (Blank).

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(Source: P.A. 91-357, eff. 7-29-99; 92-248, eff. 8-3-01.)