HB5042 EngrossedLRB100 18569 LNS 33790 b


  
1    AN ACT concerning transportation.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Vehicle Code is amended  by changing 
5Section 2-118.1 as follows:
 
6    (625 ILCS 5/2-118.1)  (from Ch. 95 1/2, par. 2-118.1)

7    Sec. 2-118.1. Opportunity for hearing; statutory summary 
8alcohol
or other drug related suspension or revocation pursuant 
9to Section 11-501.1.
10    (a) A statutory summary suspension or revocation of driving 
11privileges under Section
11-501.1 shall not become effective 
12until the person is notified in writing of
the impending 
13suspension or revocation and informed that he may request a 
14hearing in the
circuit court of venue under paragraph (b) of 
15this Section and the statutory
summary suspension or revocation 
16shall become effective as provided in Section 11-501.1.
17    (b) Within 90 days after the notice of statutory summary

18suspension or revocation served under Section
11-501.1, the 
19person may make a written request for a judicial hearing in
the 
20circuit court of venue.  The request to the circuit court shall 
21state
the grounds upon which the person seeks to have the 
22statutory summary
suspension or revocation rescinded.  Within 
2330 days after receipt of the written request
or the first 
 
 
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1appearance date on the Uniform Traffic Ticket issued pursuant

2to a violation of Section 11-501, or a similar provision of a 
3local
ordinance, the hearing shall be conducted by the circuit 
4court having
jurisdiction.  This judicial hearing, request, or 
5process shall not stay or
delay the statutory summary 
6suspension or revocation.  The hearings shall proceed in the

7court in the same manner as in other civil proceedings.
8    The hearing may be conducted upon a review of the law 
9enforcement
officer's own official reports; provided however, 
10that the person may
subpoena the officer.  Failure of the 
11officer to answer the subpoena shall
be considered grounds for 
12a continuance if in the court's discretion the
continuance is 
13appropriate.
14    The scope of the hearing shall be limited to the issues of:
15        1. Whether the person was placed under arrest for an 
16    offense as defined
in Section 11-501, or a similar 
17    provision of a local ordinance, as evidenced
by the 
18    issuance of a Uniform Traffic Ticket, or issued a Uniform 
19    Traffic
Ticket out of state as provided in subsection (a) 
20    of Section 11-501.1; and
21        2. Whether the officer had reasonable grounds to 
22    believe that
the person was driving or in actual physical 
23    control of a motor vehicle
upon a highway while under the 
24    influence of alcohol, other drug, or
combination of both; 
25    and
26        3. Whether the person, after being advised by the 
 
 
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1    officer
that the privilege to operate a motor vehicle would 
2    be suspended or revoked if the
person refused to submit to 
3    and complete the test or tests, did refuse to
submit to or 
4    complete the test or tests to determine the person's blood 
5    alcohol or drug concentration; or
6        4. Whether the person, after being advised by the 
7    officer that
the privilege to operate a motor vehicle would 
8    be suspended if the person
submits to a chemical test, or 
9    tests, and the test discloses an alcohol
concentration of 
10    0.08 or more, a tetrahydrocannabinol concentration as 
11    defined in paragraph 6 of subsection (a) of Section 
12    11-501.2 of this Code, or any amount of a drug, substance,

13    or compound in the person's blood,  other bodily substance, 
14    or urine resulting from the unlawful use or
consumption of 
15    a controlled
substance listed in the Illinois Controlled 
16    Substances Act, an intoxicating
compound as listed in the 
17    Use of Intoxicating Compounds Act, or methamphetamine as 
18    listed in the Methamphetamine Control and Community 
19    Protection Act, and the person
did submit to and complete 
20    the test or tests that determined an alcohol
concentration 
21    of 0.08 or more.
22        4.2. (Blank). 
23        4.5. (Blank). 
24        5.  If the person's driving privileges were revoked, 
25    whether the person was involved in a motor vehicle accident 
26    that caused Type A injury or death to another. 
 
 
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1    Upon the conclusion of the judicial hearing, the circuit 
2court shall
sustain or rescind the statutory summary suspension 
3or revocation and immediately notify
the Secretary of State. 
4Any court order rescinding a statutory summary suspension or 
5revocation must contain a factual basis for the rescission.  
6Upon receipt of a court order rescinding a statutory summary 
7suspension or revocation that does not contain a factual basis 
8for the rescission, the Secretary of State shall return the 
9order to the court and shall be prohibited from rescinding the 
10statutory summary suspension until such time as the Secretary 
11receives a court order containing a factual basis for the 
12rescission.  Reports received by the Secretary of State under

13this Section shall be privileged information and for use only 
14by the
courts, police officers, and Secretary of State.
15(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; 
1699-697, eff. 7-29-16.)
 
 
17    Section 99. Effective date. This Act takes effect upon 
18becoming law.