Full Text of SB0607 95th General Assembly
SB0607ham002 95TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 5/24/2007
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09500SB0607ham002 |
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LRB095 07293 DRH 36945 a |
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| AMENDMENT TO SENATE BILL 607
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| AMENDMENT NO. ______. Amend Senate Bill 607 on page 139, by | 3 |
| inserting after line 11 the following:
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| "Section 7. If and only if Senate
Bill 300 of the 95th | 5 |
| General Assembly becomes law and the changes to Section 6-206.1 | 6 |
| of the Illinois Vehicle Code in that bill become law in the | 7 |
| form in which they appear in House Amendment No. 1 to that | 8 |
| bill, the Illinois Vehicle Code is amended by changing Section | 9 |
| 6-206.1 as follows:
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| (625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
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| Sec. 6-206.1. Monitoring Device Driving Permit. | 12 |
| Declaration of Policy. It is hereby declared a policy of the
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| State of Illinois that the driver who is impaired by alcohol, | 14 |
| other drug or
drugs, or intoxicating compound or compounds is a
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| threat to the public safety and welfare. Therefore, to
provide | 16 |
| a deterrent to such practice and to remove problem drivers from
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| the highway, a statutory summary driver's license suspension is | 2 |
| appropriate.
It is also recognized that driving is a privilege | 3 |
| and therefore, that the granting of driving privileges, in a | 4 |
| manner consistent with public
safety, is warranted during the | 5 |
| period of suspension in the form of a monitoring device driving | 6 |
| permit. A person who drives and fails to comply with the | 7 |
| requirements of the monitoring device driving permit commits a | 8 |
| violation of Section 6-303 of this Code.
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| The following procedures shall apply whenever
a first | 10 |
| offender is arrested for any offense as defined in Section | 11 |
| 11-501
or a similar provision of a local ordinance:
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| (a) Subsequent to a notification of a statutory summary | 13 |
| suspension of
driving privileges as provided in Section | 14 |
| 11-501.1, the court, after informing the first offender, as | 15 |
| defined in Section 11-500, of his or her right to a monitoring | 16 |
| device driving permit, hereinafter referred to as a MDDP, and | 17 |
| of the obligations of the MDDP, shall enter an order directing | 18 |
| the Secretary of State to issue a MDDP to the offender, unless | 19 |
| the offender has opted, in writing, not to have a MDDP issued. | 20 |
| However, the court shall not enter the order directing the | 21 |
| Secretary of State to issue the MDDP, if the court finds:
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| (1) The offender's driver's license is otherwise | 23 |
| invalid
valid ; | 24 |
| (2) Death
No death or great bodily harm resulted from | 25 |
| the arrest for Section 11-501; | 26 |
| (3) That the offender has not been previously convicted |
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| of reckless homicide; or
and | 2 |
| (4) That the offender is not less than 18 years of age. | 3 |
| Any court order for a MDDP shall order the person to pay the | 4 |
| Secretary of State a MDDP Administration Fee an amount not to | 5 |
| exceed $30 per month. The Secretary shall establish by rule the | 6 |
| amount and the procedures, terms, and conditions relating to | 7 |
| these fees. The order shall further specify that the offender | 8 |
| must have an ignition interlock device installed within 14 days | 9 |
| of the date the Secretary issues the MDDP, and shall specify | 10 |
| the vehicle in which the device is to be installed. The | 11 |
| ignition interlock device provider must notify the Secretary, | 12 |
| in a manner and form prescribed by the Secretary, of the | 13 |
| installation. If the Secretary does not receive notice of | 14 |
| installation, the Secretary shall cancel the MDDP.
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| A MDDP shall not become effective prior to the 31st
day of the | 16 |
| original statutory summary suspension.
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| (a-1) A person issued a MDDP may drive for any purpose and | 18 |
| at any time, subject to the rules adopted by the Secretary of | 19 |
| State under subsection (g). The person must, at his or her own | 20 |
| expense, drive only vehicles equipped with an ignition | 21 |
| interlock device as defined in Section 1-129.1, but in no event | 22 |
| shall such person drive a commercial motor vehicle. | 23 |
| (a-2) Persons who are issued a MDDP and must drive | 24 |
| employer-owned vehicles in the course of their employment | 25 |
| duties may seek permission from the court to drive an | 26 |
| employer-owned vehicle that does not have an ignition interlock |
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| device. The employee shall provide to the court a form, | 2 |
| prescribed by the Secretary of State, completed by the employer | 3 |
| verifying that the employee must drive an employer-owned | 4 |
| vehicle in the course of employment. If approved by the court, | 5 |
| the form must be file stamped and must be in the driver's | 6 |
| possession while operating an employer-owner vehicle not | 7 |
| equipped with an ignition interlock device. No person may use | 8 |
| this exemption to drive a school bus, school vehicle, or a | 9 |
| vehicle designed to transport more than 15 passengers. No | 10 |
| person may use this exemption to drive an employer-owned motor | 11 |
| vehicle that is owned by an entity that is wholly or partially | 12 |
| owned by the person holding the MDDP, or by an family member of | 13 |
| the person holding the MDDP. No person may use this exemption | 14 |
| to drive an employer-owned vehicle that is made available to | 15 |
| the employee for personal use. No person may drive the exempted | 16 |
| vehicle more than 12 hours per day, 6 days per week.
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| (b) (Blank).
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| (c) (Blank).
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| (c-1) | 20 |
| If the person is issued a citation for a violation of Section | 21 |
| 6-303 or a violation of Section 11-501 or a similar provision | 22 |
| of a local ordinance or a similar out of state offense during | 23 |
| the term of the MDDP, the officer issuing the citation, or the | 24 |
| law enforcement agency employing that officer, shall | 25 |
| confiscate the MDDP and immediately send the MDDP and notice of | 26 |
| the citation to the court that ordered the issuance of the |
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| MDDP. Within 10 days of receipt, the issuing court, upon notice | 2 |
| to the person, shall conduct a hearing to consider cancellation | 3 |
| of the MDDP. If the court enters an order of cancellation, the | 4 |
| court shall forward the order to the Secretary of State, and | 5 |
| the Secretary shall cancel the MDDP and notify the person of | 6 |
| the cancellation. If, however, the person is convicted of the | 7 |
| offense before the MDDP has been cancelled, the court of venue | 8 |
| shall send notice of conviction to the court that ordered | 9 |
| issuance of the MDDP. The court receiving the notice shall | 10 |
| immediately enter an order of cancellation and forward the | 11 |
| order to the Secretary of State. The Secretary shall cancel the | 12 |
| MDDP
JDP and notify the person of the cancellation. | 13 |
| If the person is issued a citation for any other traffic | 14 |
| related offense during the term of the MDDP, the officer | 15 |
| issuing the citation, or the law enforcement agency employing | 16 |
| that officer, shall send notice of the citation to the court | 17 |
| that ordered issuance of the MDDP. Upon receipt and notice to | 18 |
| the person and an opportunity for a hearing, the court shall | 19 |
| determine whether the violation constitutes grounds for | 20 |
| cancellation of the MDDP. If the court enters an order of | 21 |
| cancellation, the court shall forward the order to the | 22 |
| Secretary of State, and the Secretary shall cancel the MDDP and | 23 |
| shall notify the person of the cancellation.
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| (c-5) If the court determines that the person seeking the | 25 |
| MDDP is indigent, the court shall provide the person with a | 26 |
| written document, in a form prescribed by the Secretary of |
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| State, as evidence of that determination, and the person shall | 2 |
| provide that written document to an ignition interlock device | 3 |
| provider. The provider shall install an ignition interlock | 4 |
| device on that person's vehicle without charge to the person, | 5 |
| and seek reimbursement from the Indigent BAIID Fund.
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| (d) The Secretary of State shall, upon receiving a court | 7 |
| order
from the court of venue, issue a MDDP to a person who | 8 |
| applies under this
Section. Such court order form shall also | 9 |
| contain a notification, which
shall be sent to the Secretary of | 10 |
| State, providing the name, driver's
license number and legal | 11 |
| address of the applicant. This information
shall be available | 12 |
| only to the courts, police officers, and the Secretary
of | 13 |
| State, except during the actual period the MDDP is valid, | 14 |
| during which
time it shall be a public record. The Secretary of | 15 |
| State shall design and
furnish to the courts an official court | 16 |
| order form to be used by the courts
when directing the | 17 |
| Secretary of State to issue a MDDP.
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| Any submitted court order that contains insufficient data | 19 |
| or fails to
comply with this Code shall not be utilized for | 20 |
| MDDP issuance or entered to
the driver record but shall be | 21 |
| returned to the issuing court indicating why
the MDDP cannot be | 22 |
| so entered. A notice of this action shall also be sent
to the | 23 |
| MDDP applicant by the Secretary of State.
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| (e) (Blank).
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| (f) (Blank).
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| (g) The Secretary of State shall adopt rules for |
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| implementing this Section. The rules adopted shall address | 2 |
| issues including, but not limited to: compliance with the | 3 |
| requirements of the MDDP; methods for determining compliance | 4 |
| with those requirements; the consequences of noncompliance | 5 |
| with those requirements; what constitutes a violation of the | 6 |
| MDDP; and the duties of a person or entity that supplies the | 7 |
| ignition interlock device. | 8 |
| (h) The rules adopted under subsection (g) shall provide, | 9 |
| at a minimum, that the person is not in compliance with the | 10 |
| requirements of the MDDP if he or she: | 11 |
| (1) tampers or attempts to tamper with or circumvent | 12 |
| the proper operation of the ignition interlock device; | 13 |
| (2) provides valid breath samples that register blood | 14 |
| alcohol levels in excess of the number of times allowed | 15 |
| under the rules; | 16 |
| (3) fails to provide evidence sufficient to satisfy the | 17 |
| Secretary that the ignition interlock device has been | 18 |
| installed in the designated vehicle or vehicles; or | 19 |
| (4) fails to follow any other applicable rules adopted | 20 |
| by the Secretary. | 21 |
| (i) Any person or entity that supplies an ignition | 22 |
| interlock device as provided under this Section shall, in | 23 |
| addition to supplying only those devices which fully comply | 24 |
| with all the rules adopted under subsection (g), provide the | 25 |
| Secretary, within 7 days of inspection, all monitoring reports | 26 |
| of each person who has had an ignition interlock device |
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| installed. These reports shall be furnished in a manner or form | 2 |
| as prescribed by the Secretary. | 3 |
| (j) Upon making a determination that a violation of the | 4 |
| requirements of the MDDP has occurred, the Secretary shall | 5 |
| extend the summary suspension period for an additional 3 months | 6 |
| beyond the originally imposed summary suspension period, | 7 |
| during which time the person shall only be allowed to drive | 8 |
| vehicles equipped with an ignition interlock device; provided | 9 |
| further there are no limitations on the number of times the | 10 |
| summary suspension may be extended. Any person whose summary | 11 |
| suspension is extended pursuant to this Section shall have the | 12 |
| right to contest the extension through an administrative | 13 |
| hearing with the Secretary. If the summary suspension has | 14 |
| already terminated prior to the Secretary receiving the | 15 |
| monitoring report that shows a violation, the Secretary shall | 16 |
| be authorized to suspend the person's driving privileges for 3 | 17 |
| months. The only permit the person shall be eligible for during | 18 |
| this new suspension period is a MDDP. | 19 |
| (k) A person who has had his or her summary suspension | 20 |
| extended for the third time shall have his or her vehicle | 21 |
| impounded for a period of 30 days, at the person's own expense. | 22 |
| A person who has his or her summary suspension extended for the | 23 |
| fourth time shall have his or her vehicle subject to seizure | 24 |
| and forfeiture. The Secretary shall notify the prosecuting | 25 |
| authority of any third or fourth extensions. Upon receipt of | 26 |
| the notification, the prosecuting authority shall impound or |
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| forfeit the vehicle. | 2 |
| (l) A person whose driving privileges have been suspended | 3 |
| under Section 11-501.1 of this Code and who had a MDDP that was | 4 |
| cancelled pursuant to subsection (c-1) of this Section, shall | 5 |
| not be eligible for reinstatement when the summary suspension | 6 |
| is scheduled to terminate, but instead shall be eligible only | 7 |
| to apply for a restricted driving permit. If a restricted | 8 |
| driving permit is granted, the offender may only operate | 9 |
| vehicles equipped with an ignition interlock device, for a | 10 |
| period of not less than twice the original summary suspension | 11 |
| period. | 12 |
| (m) Any person or entity that supplies an ignition | 13 |
| interlock device under this Section shall, for each ignition | 14 |
| interlock device installed, pay 5% of the total gross revenue | 15 |
| received for the device into the Indigent BAIID Fund. This 5% | 16 |
| shall be clearly indicated as a separate surcharge on each | 17 |
| invoice that is issued. The Secretary shall conduct an annual | 18 |
| review of the fund to determine whether the surcharge is | 19 |
| sufficient to provide for indigent users. The Secretary may | 20 |
| increase of decrease this surcharge requirement as needed. | 21 |
| (n) Any person or entity that supplies an ignition | 22 |
| interlock device under this Section that is requested to | 23 |
| provide an ignition interlock device to a person who presents | 24 |
| written documentation of indigency from the court, as provided | 25 |
| in subsection (c-5) of this Section, shall install the device | 26 |
| on the person's vehicle without charge to the person and shall |
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| seek reimbursement from the Indigent BAIID Fund. | 2 |
| (o) The Indigent BAIID Fund is created as a special fund in | 3 |
| the State treasury. The Secretary of State shall, subject to | 4 |
| appropriation by the General Assembly, use all money in the | 5 |
| Indigent BAIID Fund to reimburse ignition interlock device | 6 |
| providers who have installed devices in vehicles of indigent | 7 |
| persons pursuant to court orders issued under this Section. The | 8 |
| Secretary shall make payments to such providers every 3 months. | 9 |
| If the amount of money in the fund at the time payments are | 10 |
| made is not sufficient to pay all requests for reimbursement | 11 |
| submitted during that 3 month period, the Secretary shall make | 12 |
| payments on a pro-rata basis, and those payments shall be | 13 |
| considered payment in full for the requests submitted. | 14 |
| (p) The Monitoring Device Driving Permit Administration | 15 |
| Fee Fund is created as a special fund in the State treasury. | 16 |
| The Secretary of State shall, subject to appropriation by the | 17 |
| General Assembly, use the money paid into this fund to offset | 18 |
| its administrative costs for administering MDDPs.
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| (Source: P.A. 94-307, eff. 9-30-05; 94-357, eff. 1-1-06; | 20 |
| 94-930, eff. 6-26-06; 09500SB0300ham001.)"; and
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| on page 158, by inserting after line 3 the following: | 22 |
| "Section 99. Effective date. Section 7 of this Act takes | 23 |
| effect on January 1, 2009.".
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