Bill Status of HB 5214   97th General Assembly

Short Description:  VEH CD-DUI-MONITORING DEVICE

House Sponsors
Rep. Randy Ramey, Jr.

Last Action  View All Actions

DateChamber Action
  1/8/2013HouseSession Sine Die

Statutes Amended In Order of Appearance
625 ILCS 5/6-303from Ch. 95 1/2, par. 6-303

Synopsis As Introduced
Amends the Illinois Vehicle Code. Defines "continuous alcohol monitoring device" as a device that automatically tests breath, blood, or transdermal alcohol concentration levels at least once every hour and detects tamper attempts, regardless of the location of the person who is being monitored, and regularly transmits the data. Provides that if a person is found guilty of driving while his or her driving privileges are suspended for a fourth, fifth, sixth, seventh, eighth, or ninth time and the license suspension was for a conviction of driving under the influence of alcohol or drugs or other prohibited substances or a summary suspension under the implied consent provisions of the Illinois Vehicle Code, that person is guilty of a Class 4 felony and must serve a minimum term of imprisonment of 180 days or serve a minimum of 60 days and abstain from consuming alcohol while wearing a continuous alcohol monitoring device to verify compliance for 270 days (rather than being guilty of a Class 4 felony and serving a minimum term of imprisonment of 180 days). Provides that for a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of the same, after a term of imprisonment, the person shall abstain from consuming alcohol and wear a continuous alcohol monitoring device to verify compliance for 365 days.

House Committee Amendment No. 1
Adds reference to:
625 ILCS 5/1-111.9a new
625 ILCS 5/1-144.5
625 ILCS 5/6-206.1from Ch. 95 1/2, par. 6-206.1

Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Defines "continuous alcohol monitoring device" as a device that automatically tests breath, blood, or transdermal alcohol concentration levels at least once every hour and detects tamper attempts, regardless of the location of the person who is being monitored, and regularly transmits the data. Provides that a person may comply with monitoring device driving permit requirements by being fitted with a continuous alcohol monitoring device, and makes corresponding changes. Provides that continuous alcohol monitoring device providers must comply with certain requirements. Provides that if a person is found guilty of driving while his or her driving privileges are suspended for a fourth, fifth, sixth, seventh, eighth, or ninth time and the license suspension was for a conviction of driving under the influence of alcohol or drugs or other prohibited substances or a summary suspension under the implied consent provisions of the Illinois Vehicle Code, that person is guilty of a Class 4 felony and must serve a minimum term of imprisonment of 180 days or serve a minimum of 60 days and abstain from consuming alcohol while wearing a continuous alcohol monitoring device to verify compliance for 270 days (rather than being guilty of a Class 4 felony and serving a minimum term of imprisonment of 180 days). Provides that for a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of the same, after a term of imprisonment, the person shall abstain from consuming alcohol and wear a continuous alcohol monitoring device to verify compliance for 365 days.

House Committee Amendment No. 2
Adds reference to:
625 ILCS 5/1-111.9a new
625 ILCS 5/1-144.5
625 ILCS 5/6-206.1from Ch. 95 1/2, par. 6-206.1
625 ILCS 5/11-501from Ch. 95 1/2, par. 11-501
730 ILCS 5/5-6-1from Ch. 38, par. 1005-6-1

Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Defines "continuous alcohol monitoring device" as a device that automatically tests breath, blood, or transdermal alcohol concentration levels at least once every hour and detects tamper attempts, regardless of the location of the person who is being monitored, and regularly transmits the data. Provides that a person may comply with monitoring device driving permit (MDDP) requirements by being fitted with a continuous alcohol monitoring device and abstaining from alcohol. Provides that if the holder of the MDDP has been fitted with a continuous alcohol monitoring device and the continuous alcohol monitoring device detects the presence of alcohol in the person's system, the person shall be required to install an ignition interlock device and shall be subject to the rules governing ignition interlock devices. Provides that if, after giving notice of the requirement to install the ignition interlock device, the Secretary does not receive notice of installation of an ignition interlock device within 14 days, the Secretary shall cancel the MDDP. Makes corresponding changes in the Illinois Vehicle Code and in the Unified Code of Corrections. Provides that continuous alcohol monitoring device providers must comply with certain requirements. Provides that a person sentenced for driving under the influence who is required as a condition of supervision, probation, or conditional discharge to be fitted with a continuous alcohol monitoring device must be fitted with the continuous alcohol monitoring device by an in-county provider.

Actions 
DateChamber Action
  2/8/2012HouseFiled with the Clerk by Rep. Randy Ramey, Jr.
  2/8/2012HouseFirst Reading
  2/8/2012HouseReferred to Rules Committee
  2/27/2012HouseAssigned to Transportation: Vehicles & Safety Committee
  3/5/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Randy Ramey, Jr.
  3/5/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/6/2012HouseHouse Committee Amendment No. 1 Rules Refers to Transportation: Vehicles & Safety Committee
  3/6/2012HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Randy Ramey, Jr.
  3/6/2012HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/6/2012HouseHouse Committee Amendment No. 2 Rules Refers to Transportation: Vehicles & Safety Committee
  3/7/2012HouseHouse Committee Amendment No. 1 Adopted in Transportation: Vehicles & Safety Committee; by Voice Vote
  3/7/2012HouseHouse Committee Amendment No. 2 Adopted in Transportation: Vehicles & Safety Committee; by Voice Vote
  3/7/2012HouseDo Pass as Amended / Short Debate Transportation: Vehicles & Safety Committee; 009-000-000
  3/7/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/27/2012HouseSecond Reading - Short Debate
  3/27/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  3/30/2012HouseRule 19(a) / Re-referred to Rules Committee
  1/8/2013HouseSession Sine Die

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