HB0914 Engrossed LRB096 10397 AJT 20567 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		Sections 2-118 and 6-206.1 as follows:
6		(625 ILCS 5/2-118) (from Ch. 95 1/2, par. 2-118)
7		Sec. 2-118. Hearings.
8		(a) Upon the suspension, revocation or denial of the
9		issuance of a license, permit, registration or certificate of
10		title under this Code of any person the Secretary of State
11		shall immediately notify such person in writing and upon his
12		written request shall, within 20 days after receipt thereof,
13		set a date for a hearing to commence within 90 calendar days
14		from the date of the written request for all requests related
15		to a suspension, revocation, or the denial of the issuance of a
16		license, permit, registration, or certificate of title
17		occurring after July 1, 2002, in the County of Sangamon, the
18		County of Jefferson, or the County of Cook, as such person may
19		specify, unless both parties agree that such hearing may be
20		held in some other county. The Secretary may require the
21		payment of a fee of not more than $50 for the filing of any
22		petition, motion, or request for hearing conducted pursuant to
23		this Section. These fees must be deposited into the Secretary

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

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

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1		The failure of the arresting officer to answer a subpoena shall
2		not, in and of itself, be considered grounds for the rescission
3		of an implied consent suspension. Rather, the hearing shall
4		proceed on the basis of the other evidence available, and the
5		hearing officer shall assign this evidence whatever probative
6		value is deemed appropriate. The decision whether to rescind
7		shall be based upon the totality of the evidence.
8		(e) The action of the Secretary of State in suspending,
9		revoking or denying any license, permit, registration, or
10		certificate of title shall be subject to judicial review in the
11		Circuit Court of Sangamon County, in the Circuit Court of
12		Jefferson County, or in the Circuit Court of Cook County, and
13		the provisions of the Administrative Review Law, and all
14		amendments and modifications thereto, and the rules adopted
15		pursuant thereto, are hereby adopted and shall apply to and
16		govern every action for the judicial review of final acts or
17		decisions of the Secretary of State hereunder.
18		(Source: P.A. 95-627, eff. 6-1-08.)
19		(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1)
20		Sec. 6-206.1. Monitoring Device Driving Permit.
21		Declaration of Policy. It is hereby declared a policy of the
22		State of Illinois that the driver who is impaired by alcohol,
23		other drug or drugs, or intoxicating compound or compounds is a
24		threat to the public safety and welfare. Therefore, to provide
25		a deterrent to such practice, a statutory summary driver's

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1		license suspension is appropriate. It is also recognized that
2		driving is a privilege and therefore, that the granting of
3		driving privileges, in a manner consistent with public safety,
4		is warranted during the period of suspension in the form of a
5		monitoring device driving permit. A person who drives and fails
6		to comply with the requirements of the monitoring device
7		driving permit commits a violation of Section 6-303 of this
8		Code.
9		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:
12		(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 (hereinafter referred to as the
19		Secretary) to issue a MDDP to the offender, unless the offender
20		has opted, in writing, not to have a MDDP issued. After opting
21		out of having a MDDP issued, at any time during the summary
22		suspension, the offender may petition the court for an order
23		directing the Secretary to issue a MDDP. However, the court
24		shall not enter the order directing the Secretary to issue the
25		MDDP, in any instance, if the court finds:
26		(1) The offender's driver's license is otherwise

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

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

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1		11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar
2		provision of a local ordinance or a similar out-of-state
3		offense or is convicted of or receives court supervision for
4		any offense for which alcohol or drugs is an element of the
5		offense and in which a motor vehicle was involved (for an
6		arrest other than the one for which the MDDP is issued), or
7		de-installs the BAIID without prior authorization from the
8		Secretary, the MDDP shall be cancelled.
9		(c-5) If the court determines that the person seeking the
10		MDDP is indigent, the court shall provide the person with a
11		written document, in a form prescribed by the Secretary, as
12		evidence of that determination, and the person shall provide
13		that written document to an ignition interlock device provider.
14		The provider shall install an ignition interlock device on that
15		person's vehicle without charge to the person, and seek
16		reimbursement from the Indigent BAIID Fund. If the court has
17		deemed an offender indigent, the BAIID provider shall also
18		provide the normal monthly monitoring services and the
19		de-installation without charge to the offender and seek
20		reimbursement from the Indigent BAIID Fund. Any other monetary
21		charges, such as a lockout fee or reset fee, shall be the
22		responsibility of the MDDP holder. A BAIID provider may not
23		seek a security deposit from the Indigent BAIID Fund. The court
24		shall also forward a copy of the indigent determination to the
25		Secretary, in a manner and form as prescribed by the Secretary.
26		(d) The Secretary shall, upon receiving a court order,

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

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

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

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

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

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1		If the amount of money in the fund at the time payments are
2		made is not sufficient to pay all requests for reimbursement
3		submitted during that 3 month period, the Secretary shall make
4		payments on a pro-rata basis, and those payments shall be
5		considered payment in full for the requests submitted.
6		(p) The Monitoring Device Driving Permit Administration
7		Fee Fund is created as a special fund in the State treasury.
8		The Secretary shall, subject to appropriation by the General
9		Assembly, use the money paid into this fund to offset its
10		administrative costs for administering MDDPs.
11		(Source: P.A. 94-307, eff. 9-30-05; 94-357, eff. 1-1-06;
12		94-930, eff. 6-26-06; 95-400, eff. 1-1-09; 95-578, eff. 1-1-09;
13		95-855, eff. 1-1-09; 95-876, eff. 8-21-08.)
14		Section 99. Effective date. This Act takes effect upon
15		becoming law.