94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1082


 
Introduced 02/08/05, by Rep. William Davis
 
SYNOPSIS AS INTRODUCED:
 		














625 ILCS 5/6-208.1
  from Ch. 95 1/2, par. 6-208.1







    Amends the Illinois Vehicle Code. Increases from 6 months to one year the term of a statutory summary suspension of driving privileges for failure or refusal to complete a test or tests to determine alcohol, drug, or intoxicating compound concentration.
















LRB094 05185 DRH 35227 b

















 


 


A BILL FOR









 











HB1082

LRB094 05185 DRH 35227 b






1
    AN ACT concerning transportation.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Vehicle Code is amended  by changing 
5
Section 6-208.1 as follows:
 



6
    (625 ILCS 5/6-208.1)  (from Ch. 95 1/2, par. 6-208.1)


7
    Sec. 6-208.1. Period of statutory summary alcohol, other 
8
drug,
or intoxicating compound related suspension.

9
    (a) Unless the statutory summary suspension has been 
10
rescinded, any
person whose privilege to drive a motor vehicle 
11
on the public highways has
been summarily suspended, pursuant 
12
to Section 11-501.1, shall not be
eligible for restoration of 
13
the privilege until the expiration of:


14
        1. One year
Six months from the effective date of the 
15
    statutory summary suspension
for a refusal or failure to 
16
    complete a test or tests to determine the
alcohol, drug, or 
17
    intoxicating compound concentration, pursuant
to
Section 
18
    11-501.1; or


19
        2. Three months from the effective date of the 
20
    statutory summary
suspension imposed following the 
21
    person's submission to a chemical test
which disclosed an 
22
    alcohol concentration of 0.08 or more, or any
amount
of a

23
    drug, substance, or intoxicating compound in such person's

24
    breath, blood, or
urine resulting
from the unlawful use or 
25
    consumption of cannabis listed in the Cannabis
Control Act, 
26
    a controlled substance listed in the Illinois
Controlled

27
    Substances Act, or an intoxicating compound listed in the 
28
    Use of Intoxicating
Compounds Act, pursuant to Section 
29
    11-501.1; or


30
        3. Three years from the effective date of the statutory 
31
    summary suspension
for any person other than a first 
32
    offender who refuses or fails to
complete a test or tests 
 


 






HB1082
- 2 -
LRB094 05185 DRH 35227 b




1
    to determine the alcohol, drug, or
intoxicating
compound 
2
    concentration
pursuant to Section 11-501.1; or


3
        4. One year from the effective date of the summary 
4
    suspension imposed
for any person other than a first 
5
    offender following submission to a
chemical test which 
6
    disclosed an alcohol concentration of 0.08 or
more
pursuant 
7
    to Section 11-501.1 or any amount of a drug, substance or

8
    compound in such person's blood or urine resulting from the 
9
    unlawful use or
consumption of cannabis listed in the 
10
    Cannabis Control Act, a
controlled
substance listed in the 
11
    Illinois Controlled Substances Act, or an
intoxicating

12
    compound listed in the Use of Intoxicating Compounds Act.

13
    (b) Following a statutory summary suspension of the 
14
privilege to drive a
motor vehicle under Section 11-501.1, full 
15
driving privileges shall be
restored unless the person is 
16
otherwise disqualified by this Code.  If
the court has reason to 
17
believe that the person's
driving privilege should not be 
18
restored, the court shall notify
the Secretary of State prior 
19
to the expiration of the statutory summary
suspension so 
20
appropriate action may be taken pursuant to this Code.

21
    (c) Full driving privileges may not be restored until all 
22
applicable
reinstatement fees, as provided by this Code, have 
23
been paid to the Secretary
of State and the appropriate entry 
24
made to the driver's record.

25
    (d) Where a driving privilege has been summarily suspended 
26
under Section
11-501.1 and the person is subsequently convicted 
27
of violating Section
11-501, or a similar provision of a local 
28
ordinance, for the same incident,
any period served on 
29
statutory summary suspension shall be credited toward
the 
30
minimum period of revocation of driving privileges imposed 
31
pursuant to
Section 6-205.

32
    (e) Following a statutory summary suspension of driving 
33
privileges
pursuant to Section 11-501.1, for a first offender, 
34
the circuit court may,
after at least 30 days from the 
35
effective date of the statutory summary
suspension, issue a 
36
judicial driving permit as provided in Section 6-206.1.

 


 






HB1082
- 3 -
LRB094 05185 DRH 35227 b




1
    (f) Subsequent to an arrest of a first offender, for any 
2
offense as
defined in Section 11-501 or a similar provision of 
3
a local ordinance,
following a statutory summary suspension of 
4
driving privileges pursuant to
Section 11-501.1, for a first 
5
offender, the circuit court may issue a court
order directing 
6
the Secretary of State to issue a judicial driving permit
as 
7
provided in Section 6-206.1.  However, this JDP shall not be 
8
effective
prior to the 31st day of the statutory summary 
9
suspension.

10
    (g) Following a statutory summary suspension of driving 
11
privileges
pursuant to Section 11-501.1 where the person was 
12
not a first offender, as
defined in Section 11-500, the 
13
Secretary of State may not issue a
restricted driving permit.

14
    (h) (Blank).

15
(Source: P.A. 91-357, eff. 7-29-99; 92-248, eff. 8-3-01.)