Illinois 100th Regular Session Status: Passed House

HB 5042 — VEH CD-COURT ORDER RESCISSION

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 100th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Illinois Vehicle Code. Provides that any court order rescinding a statutory summary suspension or revocation must contain a factual basis for rescission. Provides that upon receipt of a court order rescinding a statutory summary suspension or revocation that does not contain a factual basis for the rescission, the Secretary of State shall return the order to the court and shall be prohibited from rescinding the statutory summary suspension until such time as the Secretary receives a court order containing a factual basis for rescission. Effective immediately.

Bill Text

What changed in the latest version

4 added · 24 removed

Plain-language change summary

The amendment to Bill HB 5042 emphasizes that any court order that cancels a driver's license suspension must clearly explain the reasons behind that decision. If the order lacks a factual basis, the Secretary of State is required to return it to the court and cannot lift the suspension until a valid order is received. This change is important because it ensures that drivers can only regain their licenses when there is a legitimate reason, which helps maintain safety on the roads.

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*LRB10018569LNS33790b* HB5042 100TH GENERAL ASSEMBLY State of Illinois and 2018 HB5042 by Rep.
HB5042 Engrossed LRB100 18569 LNS 33790 b AN ACT concerning transportation.
John C.
D'Amico SYNOPSIS AS INTRODUCED:
ILCS 5/2-118.1 from Ch.
95 1/2, par.
2-118.1 Amends the Illinois Vehicle Code.
Provides that any court order rescinding a statutory summary suspension or revocation must contain a factual basis for rescission.
Provides that upon receipt of a court order rescinding a statutory summary suspension or revocation that does not contain a factual basis for the rescission, the Secretary of State shall return the order to the court and shall be prohibited from rescinding the statutory summary suspension until such time as the Secretary receives a court order containing a factual basis for rescission.
Effective immediately.
LRB100 18569 LNS 33790 b A BILL FOR HB5042 LRB100 18569 LNS 33790 b AN ACT concerning transportation.
Within 30 days after receipt of the written request or the first HB5042 - 2 - LRB100 18569 LNS 33790 b appearance date on the Uniform Traffic Ticket issued pursuant to a violation of Section 11-501, or a similar provision of a local ordinance, the hearing shall be conducted by the circuit court having jurisdiction.
Within 30 days after receipt of the written request or the first HB5042 Engrossed - 2 - LRB100 18569 LNS 33790 b appearance date on the Uniform Traffic Ticket issued pursuant to a violation of Section 11-501, or a similar provision of a local ordinance, the hearing shall be conducted by the circuit court having jurisdiction.
Whether the person, after being advised by the HB5042 - 3 - LRB100 18569 LNS 33790 b officer that the privilege to operate a motor vehicle would be suspended or revoked if the person refused to submit to and complete the test or tests, did refuse to submit to or complete the test or tests to determine the person's blood alcohol or drug concentration;
Whether the person, after being advised by the HB5042 Engrossed - 3 - LRB100 18569 LNS 33790 b officer that the privilege to operate a motor vehicle would be suspended or revoked if the person refused to submit to and complete the test or tests, did refuse to submit to or complete the test or tests to determine the person's blood alcohol or drug concentration;
HB5042 - 4 - LRB100 18569 LNS 33790 b Upon the conclusion of the judicial hearing, the circuit court shall sustain or rescind the statutory summary suspension or revocation and immediately notify the Secretary of State.
HB5042 Engrossed - 4 - LRB100 18569 LNS 33790 b Upon the conclusion of the judicial hearing, the circuit court shall sustain or rescind the statutory summary suspension or revocation and immediately notify the Secretary of State.
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Action History

  1. Session Sine Die

  2. Alternate Chief Sponsor Changed to Sen. William E. Brady

  3. Rule 3-9(a) / Re-referred to Assignments

  4. Postponed - Judiciary

  5. Rule 2-10 Committee Deadline Established As May 31, 2018

  6. Assigned to Judiciary

  7. Referred to Assignments

  8. First Reading

  9. Chief Senate Sponsor Sen. Michael Connelly

  10. Placed on Calendar Order of First Reading

  11. Arrive in Senate

  12. Added Chief Co-Sponsor Rep. Frances Ann Hurley

  13. Third Reading - Short Debate - Passed 110-000-000

  14. Placed on Calendar Order of 3rd Reading - Short Debate

  15. Second Reading - Short Debate

  16. Placed on Calendar 2nd Reading - Short Debate

  17. Do Pass / Short Debate Transportation: Vehicles & Safety Committee; 009-000-000

  18. Assigned to Transportation: Vehicles & Safety Committee

  19. Referred to Rules Committee

  20. First Reading

  21. Filed with the Clerk by Rep. John C. D'Amico

Sponsors

  • John C. D'Amico · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • John C. D'Amico

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 110 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 69005
Republican 11001
Democrat 30002
Total 110008
% of votes cast 93%0%0%7%
How each member voted (118)
Member Party Vote
Batinick — Yea
Bellock — Yea
Bourne — Yea
Breen — Yea
Bristow — Yea
Butler — Yea
Carroll — Yea
McAuliffe — Yea
McDermed — Yea
Durkin — Yea
Flowers — Yea
Lang — Yea
Long — Yea
Parkhurst — Yea
Phillips — Yea
Pritchard — Yea
Sente — Yea
Skillicorn — Yea
Bennett — Yea
Sauer — Yea
Stratton — Yea
Brady — Yea
Harris, David — Yea
Tabares — Yea
Harris, Gregory — Yea
Thapedi — Yea
Turner — Yea
Unes — Yea
Burke, Daniel — Yea
Wallace — Yea
Jones — Yea
Cavaletto — Yea
Connor — Yea
Conyears-Ervin — Yea
Costello — Yea
Currie — Yea
D'Amico — Yea
Frese — Yea
Greenwood — Yea
Hays — Yea
Hurley — Yea
Ives — Yea
Jesiel — Yea
Jimenez — Yea
Madigan — Yea
Davis — Yea
McSweeney — Yea
Wheeler, Barbara — Yea
Wheeler, Keith — Yea
Mitchell, Bill — Yea
Williams — Yea
Mitchell, Christian — Yea
Finnie, Natalie — Yea
Stewart — Not Voting
Wehrli — Yea
Willis — Yea
Winger — Yea
Hernandez — Not Voting
Burke, Kelly — Not Voting
Zalewski — Yea
Conroy — Not Voting
Demmer — Yea
Drury — Yea
Fortner — Yea
Olsen — Yea
Reis — Yea
Riley — Yea
Sommer — Yea
Soto — Yea
Welter — Yea
Yingling — Yea
Andersson — Yea
Arroyo — Not Voting
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Not Voting
Sara Feigenholtz Democrat Not Voting
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Dave Severin Republican Yea
Joe C. Sosnowski Republican Not Voting
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 5042 do?
Amends the Illinois Vehicle Code. Provides that any court order rescinding a statutory summary suspension or revocation must contain a factual basis for rescission. Provides that upon receipt of a court order rescinding a statutory summary suspension or revocation that does not contain a factual basis for the rescission, the Secretary of State shall return the order to the court and shall be prohibited from rescinding the statutory summary suspension until such time as the Secretary receives a court order containing a factual basis for rescission. Effective immediately.
Who sponsors HB 5042?
HB 5042 is sponsored by John C. D'Amico.
What is the current status of HB 5042?
This bill died with 100th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 5042?
Track HB 5042 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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