92nd General Assembly
Summary of HB0598
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House Sponsors:
DART-MOFFITT-JOHNSON-KOSEL.

Short description: 
VEH CD-SOBRIETY TESTS                                                      

Synopsis of Bill as introduced:
        Amends the Illinois Vehicle  Code.   Authorizes  and  establishes      
   procedures  for  the statutory summary suspension of driver's licenses      
   of persons who are stopped  for  DUI  and  who  refuse  to  submit  to      
   preliminary  breath  or field sobriety tests. Provides that any person      
   in control of a motor vehicle in this State shall be  deemed  to  have      
   given  consent  to  performing field sobriety tests and to providing a      
   breath sample for testing. Provides that the results of a  preliminary      
   breath  screening  or field sobriety test may be used by the defendant      
   in any DUI administrative or court proceeding and may be used  by  the      
   State  in  rebuttal  to  an assertion that the test did not accurately      
   reflect a person's alcohol concentration. Permits temporary impounding      
   of vehicles in certain cases. Provides for a  hearing  and  procedures      
   for a person who has had his or her license suspended for a failure to      
   submit  to  a breath screening or field sobriety test.  Authorizes the      
   Secretary of State to issue a restricted driving permit  to  a  person      
   who  has had his or her license suspended for specified reasons if the      
   person  consents  to  a  breath-alcohol  ignition   interlock   device      
   installed  in  his or her car. Amends the Unified Code of Corrections.      
   Prohibits the court from assigning supervision to a defendant  charged      
   with  driving  a  motor vehicle on a revoked or suspended license when      
   the suspension or revocation was for violating the field sobriety test      
   provision of the Vehicle  Code  if  the  defendant  was  convicted  or      
   assigned supervision within the last 10 years for driving on a revoked      
   or suspended license.  Makes other changes. Effective July 1, 2001.         
          CORRECTIONAL NOTE (Department of Corrections)                        
          Fiscal impact and impact on the corrections population would         
          be minimal.                                                          
          FISCAL NOTE (Office of Secretary of State)                           
          The fiscal impact of this legislation on the Office of Secre-        
          tary of State is estimated at $584,000 in the first year, and        
          $318,000 each subsequent year.                                       
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          625 ILCS 5/6-113                from Ch. 95 1/2, par. 6-113          
          625 ILCS 5/6-118                from Ch. 95 1/2, par. 6-118          
          625 ILCS 5/6-203.1              from Ch. 95 1/2, par. 6-203.1        
          625 ILCS 5/6-208.1              from Ch. 95 1/2, par. 6-208.1        
          625 ILCS 5/6-303                from Ch. 95 1/2, par. 6-303          
          625 ILCS 5/11-500               from Ch. 95 1/2, par. 11-500         
          625 ILCS 5/11-501               from Ch. 95 1/2, par. 11-501         
          625 ILCS 5/11-501.9 new                                              
          730 ILCS 5/5-6-1                from Ch. 38, par. 1005-6-1           
          Adds reference to:                                                   
          625 ILCS 5/2-118.1              from Ch. 95 1/2, par. 2-118.1        
          625 ILCS 5/2-118.2 new                                               
          625 ILCS 5/6-206.1              from Ch. 95 1/2, par. 6-206.1        
          625 ILCS 5/11-501.1             from Ch. 95 1/2, par. 11-501.1       
          625 ILCS 5/11-506 new                                                
        Deletes everything.  Amends the Illinois Vehicle Code.   Provides      
   that if the person has not been charged with DUI in circuit court, the      
   person  must  be  notified  in  writing  that he or she may contest an      
   impending statutory summary suspension before the Secretary of  State.      
   Establishes  procedures  for a hearing before the Secretary.  Provides      
   that as a condition of a restricted driving permit, the Secretary  may      
   prohibit  a  first  time  offender from driving a vehicle not equipped      
   with a breath alcohol ignition interlock  device.  Provides  that  any      
   person  whose  driving  privileges  are suspended or revoked 2 or more      
   times within a 10-year period because chemical testing  revealed  that      
   the  alcohol  concentration in his or her blood exceeded the allowable      
   limit, if issued a restricted driving permit, is required to have  his      
   or  her  vehicle  equipped  with  a  breath alcohol ignition interlock      
   device.  Provides that the restricted driving permit may not be issued      
   until one year after the date the current revocation went into effect.      
   Provides that if an officer has a rational basis for believing that  a      
   driver is impaired by alcohol, drugs, or intoxicating compounds, he or      
   she  may  secure  that  driver's vehicle for up to 24 hours.  Provides      
   that if the vehicle is impounded, the driver is  responsible  for  all      
   the  costs of the impoundment.  Establishes conditions under which the      
   vehicle may be released.                                                    
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


   END OF INQUIRY 
                                                                               



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