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Deletes everything after the enacting clause. Amends the Illinois Vehicle Code and the State Finance Act. Makes various changes regarding the consequences of a statutory summary suspension for DUI. Provides that a first offender who receives statutory summary suspension shall be issued a monitoring device driver's license (rather than a judicial driving permit, or JDP). Deletes all references to judicial driving permits. Provides that a person issued a monitoring device license must either: (i) drive only a vehicle or vehicles equipped with an ignition interlock device; or (ii) use an alternative alcohol monitoring device, 24 hours per day. Provides that a holder of this type of license may drive for any purpose and at any time, subject to rules to be adopted by the Secretary of State. Specifies certain issues that these rules shall address, including the consequences of noncompliance with the requirements of the monitoring device driver's license. Provides that the rules shall also prescribe the duties of any person or entity that supplies these devices. Provides that a percentage of the gross revenue from these devices shall be paid into the Alcohol Monitoring Device Fund. Creates the Alcohol Monitoring Device Fund in the State treasury. Provides that all moneys in the Fund shall be paid to the Secretary of State to supply these devices to indigent persons. Makes other changes. Effective January 1, 2008.
Deletes everything after the enacting clause. Reinserts the provisions of the engrossed bill, with various changes. In the State Finance Act, provides for creation of the Indigent BAIID Fund and the Monitoring Device Driving Permit Administration Fee Fund (rather than the Alcohol Monitoring Device Fund). Provides that a first offender who receives a statutory summary suspension shall be issued a monitoring device driving permit (rather than a monitoring device driver's license), except under specified circumstances. Provides that a person issued a monitoring device driving permit may not drive a commercial vehicle. Establishes other restrictions. Provides that a person who received a judicial driving permit before the effective date of the amendatory Act may continue to drive on that permit. Provides that a person who fails to comply with the requirements of a monitoring device driving permit commits the offense of driving on a revoked or suspended license. Provides that a person who holds a monitoring device driving permit convicted of the offense for driving a vehicle not equipped with an ignition interlock device, or a person eligible for a monitoring device driving permit convicted of driving with a drug or alcohol-related summary suspension, is guilty of a Class 4 felony and subject to 30 days of imprisonment. Amends the Unified Code of Corrections. Provides that a person who commits one of these offenses is not eligible for court supervision. Changes the effective date from January 1, 2008 to January 1, 2009.
House Floor Amendment No. 2 Provides that, after a drug- or alcohol-related statutory summary suspension has been imposed on a first offender, the circuit court shall, unless the offender has opted in writing not to have a monitoring device driving permit issued (rather than if requested by the offender), order the Secretary of State to issue the offender a monitoring device driving permit.
Fiscal Note (Office of the Secretary of State)
Due to SB 300 (H-AM 1) effective date of January 1, 2009, there is no cost to the Secretary of State in fiscal year 2008. SB 300 (H-AM 1) will cost the Secretary of State an estimated $5.5 million in fiscal year 2009 and $8-$9 million annually thereafter.
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