Bill Text: IL HB0914 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amend the Illinois Vehicle Code. Provides that the decision whether to rescind (rather than the decision to rescind) an implied consent suspension is based upon the totality of the evidence in a hearing which the Secretary of State has jurisdiction based on implied consent to testing of the person's blood, breath, or urine for the presence of alcohol, drugs, or intoxicating compounds. Adds the offense of aggravated fleeing or attempt to elude a peace officer to the list of violations that if the holder of a Monitoring Device Driving Permit (MDDP) is convicted of or receives court supervision for that violation, the MDDP will be cancelled. Provides that a person who has received a statutory summary suspension and also had a MDDP cancelled, or would have been cancelled had notification of a violation been received prior to expiration of the MDDP, will have their driving privileges suspended for a period of not less than twice the original summary suspension period, or for another specified time period, and during the period of suspension, the person may apply for a restricted driving permit, which must comply with the standards set forth in the Secretary of State's Blood Alcohol Ignition Interlock Device (BAIID) program (instead of only being allowed to operate vehicles equipped with an ignition interlock device). Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-10 - Public Act . . . . . . . . . 96-0184 [HB0914 Detail]

Download: Illinois-2009-HB0914-Engrossed.html

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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 2-118 and 6-206.1 as follows:
(625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
Sec. 2-118. Hearings.
(a) Upon the suspension, revocation or denial of the
issuance of a license, permit, registration or certificate of
title under this Code of any person the Secretary of State
shall immediately notify such person in writing and upon his
written request shall, within 20 days after receipt thereof,
set a date for a hearing to commence within 90 calendar days
from the date of the written request for all requests related
to a suspension, revocation, or the denial of the issuance of a
license, permit, registration, or certificate of title
occurring after July 1, 2002, in the County of Sangamon, the
County of Jefferson, or the County of Cook, as such person may
specify, unless both parties agree that such hearing may be
held in some other county. The Secretary may require the
payment of a fee of not more than $50 for the filing of any
petition, motion, or request for hearing conducted pursuant to
this Section. These fees must be deposited into the Secretary

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of State DUI Administration Fund, a special fund created in the
State treasury, and, subject to appropriation and as directed
by the Secretary of State, shall be used for operation of the
Department of Administrative Hearings of the Office of the
Secretary of State and for no other purpose. The Secretary
shall establish by rule the amount and the procedures, terms,
and conditions relating to these fees.
(b) At any time after the suspension, revocation or denial
of a license, permit, registration or certificate of title of
any person as hereinbefore referred to, the Secretary of State,
in his or her discretion and without the necessity of a request
by such person, may hold such a hearing, upon not less than 10
days' notice in writing, in the Counties of Sangamon,
Jefferson, or Cook or in any other county agreed to by the
parties.
(c) Upon any such hearing, the Secretary of State, or his
authorized agent may administer oaths and issue subpoenas for
the attendance of witnesses and the production of relevant
books and records and may require an examination of such
person. Upon any such hearing, the Secretary of State shall
either rescind or, good cause appearing therefor, continue,
change or extend the Order of Revocation or Suspension, or upon
petition therefore and subject to the provisions of this Code,
issue a restricted driving permit or reinstate the license or
permit of such person.
(d) All hearings and hearing procedures shall comply with

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requirements of the Constitution, so that no person is deprived
of due process of law nor denied equal protection of the laws.
All hearings shall be held before the Secretary of State or
before such persons as may be designated by the Secretary of
State and appropriate records of such hearings shall be kept.
Where a transcript of the hearing is taken, the person
requesting the hearing shall have the opportunity to order a
copy thereof at his own expense. The Secretary of State shall
enter an order upon any hearing conducted under this Section,
related to a suspension, revocation, or the denial of the
issuance of a license, permit, registration, or certificate of
title occurring after July 1, 2002, within 90 days of its
conclusion and shall immediately notify the person in writing
of his or her action.
(d-5) Any hearing over which the Secretary of State has
jurisdiction because of a person's implied consent to testing
of the person's blood, breath, or urine for the presence of
alcohol, drugs, or intoxicating compounds may be conducted upon
a review of the official police reports. Either party, however,
may subpoena the arresting officer and any other law
enforcement officer who was involved in the petitioner's arrest
or processing after arrest, as well as any other person whose
testimony may be probative to the issues at the hearing. The
failure of a law enforcement officer to answer the subpoena
shall be considered grounds for a continuance if, in the
hearing officer's discretion, the continuance is appropriate.

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The failure of the arresting officer to answer a subpoena shall
not, in and of itself, be considered grounds for the rescission
of an implied consent suspension. Rather, the hearing shall
proceed on the basis of the other evidence available, and the
hearing officer shall assign this evidence whatever probative
value is deemed appropriate. The decision whether to rescind
shall be based upon the totality of the evidence.
(e) The action of the Secretary of State in suspending,
revoking or denying any license, permit, registration, or
certificate of title shall be subject to judicial review in the
Circuit Court of Sangamon County, in the Circuit Court of
Jefferson County, or in the Circuit Court of Cook County, and
the provisions of the Administrative Review Law, and all
amendments and modifications thereto, and the rules adopted
pursuant thereto, are hereby adopted and shall apply to and
govern every action for the judicial review of final acts or
decisions of the Secretary of State hereunder.
(Source: P.A. 95-627, eff. 6-1-08.)
(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
Sec. 6-206.1. Monitoring Device Driving Permit.
Declaration of Policy. It is hereby declared a policy of the
State of Illinois that the driver who is impaired by alcohol,
other drug or drugs, or intoxicating compound or compounds is a
threat to the public safety and welfare. Therefore, to provide
a deterrent to such practice, a statutory summary driver's

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license suspension is appropriate. It is also recognized that
driving is a privilege and therefore, that the granting of
driving privileges, in a manner consistent with public safety,
is warranted during the period of suspension in the form of a
monitoring device driving permit. A person who drives and fails
to comply with the requirements of the monitoring device
driving permit commits a violation of Section 6-303 of this
Code.
The following procedures shall apply whenever a first
offender is arrested for any offense as defined in Section
11-501 or a similar provision of a local ordinance:
(a) Subsequent to a notification of a statutory summary
suspension of driving privileges as provided in Section
11-501.1, the court, after informing the first offender, as
defined in Section 11-500, of his or her right to a monitoring
device driving permit, hereinafter referred to as a MDDP, and
of the obligations of the MDDP, shall enter an order directing
the Secretary of State (hereinafter referred to as the
Secretary) to issue a MDDP to the offender, unless the offender
has opted, in writing, not to have a MDDP issued. After opting
out of having a MDDP issued, at any time during the summary
suspension, the offender may petition the court for an order
directing the Secretary to issue a MDDP. However, the court
shall not enter the order directing the Secretary to issue the
MDDP, in any instance, if the court finds:
(1) The offender's driver's license is otherwise

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invalid;
(2) Death or great bodily harm resulted from the arrest
for Section 11-501;
(3) That the offender has been previously convicted of
reckless homicide or aggravated driving under the
influence involving death; or
(4) That the offender is less than 18 years of age.
Any court order for a MDDP shall order the person to pay
the Secretary a MDDP Administration Fee in an amount not to
exceed $30 per month, to be deposited into the Monitoring
Device Driving Permit Administration Fee Fund. The Secretary
shall establish by rule the amount and the procedures, terms,
and conditions relating to these fees. The order shall further
specify that the offender must have an ignition interlock
device installed within 14 days of the date the Secretary
issues the MDDP. The ignition interlock device provider must
notify the Secretary, in a manner and form prescribed by the
Secretary, of the installation. If the Secretary does not
receive notice of installation, the Secretary shall cancel the
MDDP.
A MDDP shall not become effective prior to the 31st day of
the original statutory summary suspension.
(a-1) A person issued a MDDP may drive for any purpose and
at any time, subject to the rules adopted by the Secretary
under subsection (g). The person must, at his or her own
expense, drive only vehicles equipped with an ignition

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interlock device as defined in Section 1-129.1, but in no event
shall such person drive a commercial motor vehicle.
(a-2) Persons who are issued a MDDP and must drive
employer-owned vehicles in the course of their employment
duties may seek permission to drive an employer-owned vehicle
that does not have an ignition interlock device. The employer
shall provide to the Secretary a form, as prescribed by the
Secretary, completed by the employer verifying that the
employee must drive an employer-owned vehicle in the course of
employment. If approved by the Secretary, the form must be in
the driver's possession while operating an employer-owner
vehicle not equipped with an ignition interlock device. No
person may use this exemption to drive a school bus, school
vehicle, or a vehicle designed to transport more than 15
passengers. No person may use this exemption to drive an
employer-owned motor vehicle that is owned by an entity that is
wholly or partially owned by the person holding the MDDP, or by
a family member of the person holding the MDDP. No person may
use this exemption to drive an employer-owned vehicle that is
made available to the employee for personal use. No person may
drive the exempted vehicle more than 12 hours per day, 6 days
per week.
(b) (Blank).
(c) (Blank).
(c-1) If the holder of the MDDP is convicted of or receives
court supervision for a violation of Section 6-206.2, 6-303,

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11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
provision of a local ordinance or a similar out-of-state
offense or is convicted of or receives court supervision for
any offense for which alcohol or drugs is an element of the
offense and in which a motor vehicle was involved (for an
arrest other than the one for which the MDDP is issued), or
de-installs the BAIID without prior authorization from the
Secretary, the MDDP shall be cancelled.
(c-5) If the court determines that the person seeking the
MDDP is indigent, the court shall provide the person with a
written document, in a form prescribed by the Secretary, as
evidence of that determination, and the person shall provide
that written document to an ignition interlock device provider.
The provider shall install an ignition interlock device on that
person's vehicle without charge to the person, and seek
reimbursement from the Indigent BAIID Fund. If the court has
deemed an offender indigent, the BAIID provider shall also
provide the normal monthly monitoring services and the
de-installation without charge to the offender and seek
reimbursement from the Indigent BAIID Fund. Any other monetary
charges, such as a lockout fee or reset fee, shall be the
responsibility of the MDDP holder. A BAIID provider may not
seek a security deposit from the Indigent BAIID Fund. The court
shall also forward a copy of the indigent determination to the
Secretary, in a manner and form as prescribed by the Secretary.
(d) The Secretary shall, upon receiving a court order,

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issue a MDDP to a person who applies for a MDDP under this
Section. Such court order shall contain the name, driver's
license number, and legal address of the applicant. This
information shall be available only to the courts, police
officers, and the Secretary, except during the actual period
the MDDP is valid, during which time it shall be a public
record. The Secretary shall design and furnish to the courts an
official court order form to be used by the courts when
directing the Secretary to issue a MDDP.
Any submitted court order that contains insufficient data
or fails to comply with this Code shall not be utilized for
MDDP issuance or entered to the driver record but shall be
returned to the issuing court indicating why the MDDP cannot be
so entered. A notice of this action shall also be sent to the
MDDP applicant by the Secretary.
(e) (Blank).
(f) (Blank).
(g) The Secretary shall adopt rules for implementing this
Section. The rules adopted shall address issues including, but
not limited to: compliance with the requirements of the MDDP;
methods for determining compliance with those requirements;
the consequences of noncompliance with those requirements;
what constitutes a violation of the MDDP; and the duties of a
person or entity that supplies the ignition interlock device.
(h) The rules adopted under subsection (g) shall provide,
at a minimum, that the person is not in compliance with the

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requirements of the MDDP if he or she:
(1) tampers or attempts to tamper with or circumvent
the proper operation of the ignition interlock device;
(2) provides valid breath samples that register blood
alcohol levels in excess of the number of times allowed
under the rules;
(3) fails to provide evidence sufficient to satisfy the
Secretary that the ignition interlock device has been
installed in the designated vehicle or vehicles; or
(4) fails to follow any other applicable rules adopted
by the Secretary.
(i) Any person or entity that supplies an ignition
interlock device as provided under this Section shall, in
addition to supplying only those devices which fully comply
with all the rules adopted under subsection (g), provide the
Secretary, within 7 days of inspection, all monitoring reports
of each person who has had an ignition interlock device
installed. These reports shall be furnished in a manner or form
as prescribed by the Secretary.
(j) Upon making a determination that a violation of the
requirements of the MDDP has occurred, the Secretary shall
extend the summary suspension period for an additional 3 months
beyond the originally imposed summary suspension period,
during which time the person shall only be allowed to drive
vehicles equipped with an ignition interlock device; provided
further there are no limitations on the total number of times

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the summary suspension may be extended. The Secretary may,
however, limit the number of extensions imposed for violations
occurring during any one monitoring period, as set forth by
rule. Any person whose summary suspension is extended pursuant
to this Section shall have the right to contest the extension
through a hearing with the Secretary, pursuant to Section 2-118
of this Code. If the summary suspension has already terminated
prior to the Secretary receiving the monitoring report that
shows a violation, the Secretary shall be authorized to suspend
the person's driving privileges for 3 months, provided that the
Secretary may, by rule, limit the number of suspensions to be
entered pursuant to this paragraph for violations occurring
during any one monitoring period. Any person whose license is
suspended pursuant to this paragraph, after the summary
suspension had already terminated, shall have the right to
contest the suspension through a hearing with the Secretary,
pursuant to Section 2-118 of this Code. The only permit the
person shall be eligible for during this new suspension period
is a MDDP.
(k) A person who has had his or her summary suspension
extended for the third time, or has any combination of 3
extensions and new suspensions, entered as a result of a
violation that occurred while holding the MDDP, so long as the
extensions and new suspensions relate to the same summary
suspension, shall have his or her vehicle impounded for a
period of 30 days, at the person's own expense. A person who

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has his or her summary suspension extended for the fourth time,
or has any combination of 4 extensions and new suspensions,
entered as a result of a violation that occurred while holding
the MDDP, so long as the extensions and new suspensions relate
to the same summary suspension, shall have his or her vehicle
subject to seizure and forfeiture. The Secretary shall notify
the prosecuting authority of any third or fourth extensions or
new suspension entered as a result of a violation that occurred
while the person held a MDDP. Upon receipt of the notification,
the prosecuting authority shall impound or forfeit the vehicle.
(l) A person whose driving privileges have been suspended
under Section 11-501.1 of this Code and who had a MDDP that was
cancelled, or would have been cancelled had notification of a
violation been received prior to expiration of the MDDP,
pursuant to subsection (c-1) of this Section, shall not be
eligible for reinstatement when the summary suspension is
scheduled to terminate. Instead, the person's driving
privileges , but instead shall be suspended for a period of not
less than twice the original summary suspension period, or for
the length of any extensions entered under subsection (j),
whichever is longer. During the period of suspension, the
person shall be eligible only to apply for a restricted driving
permit. If a restricted driving permit is granted, the offender
may only operate vehicles equipped with a an ignition interlock
device BAIID in accordance with this Section. , for a period of
not less than twice the original summary suspension period, or

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for the length of any extensions entered under subsection (j),
whichever is longer.
(m) Any person or entity that supplies an ignition
interlock device under this Section shall, for each ignition
interlock device installed, pay 5% of the total gross revenue
received for the device, including monthly monitoring fees,
into the Indigent BAIID Fund. This 5% shall be clearly
indicated as a separate surcharge on each invoice that is
issued. The Secretary shall conduct an annual review of the
fund to determine whether the surcharge is sufficient to
provide for indigent users. The Secretary may increase or
decrease this surcharge requirement as needed.
(n) Any person or entity that supplies an ignition
interlock device under this Section that is requested to
provide an ignition interlock device to a person who presents
written documentation of indigency from the court, as provided
in subsection (c-5) of this Section, shall install the device
on the person's vehicle without charge to the person and shall
seek reimbursement from the Indigent BAIID Fund.
(o) The Indigent BAIID Fund is created as a special fund in
the State treasury. The Secretary shall, subject to
appropriation by the General Assembly, use all money in the
Indigent BAIID Fund to reimburse ignition interlock device
providers who have installed devices in vehicles of indigent
persons pursuant to court orders issued under this Section. The
Secretary shall make payments to such providers every 3 months.

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If the amount of money in the fund at the time payments are
made is not sufficient to pay all requests for reimbursement
submitted during that 3 month period, the Secretary shall make
payments on a pro-rata basis, and those payments shall be
considered payment in full for the requests submitted.
(p) The Monitoring Device Driving Permit Administration
Fee Fund is created as a special fund in the State treasury.
The Secretary shall, subject to appropriation by the General
Assembly, use the money paid into this fund to offset its
administrative costs for administering MDDPs.
(Source: P.A. 94-307, eff. 9-30-05; 94-357, eff. 1-1-06;
94-930, eff. 6-26-06; 95-400, eff. 1-1-09; 95-578, eff. 1-1-09;
95-855, eff. 1-1-09; 95-876, eff. 8-21-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.