SB 2396 — VEH CD IGNITION INTERLOCK

SB2396 EngrossedEnrolled LRB095 15370 EFG 45386 b AN ACT concerning transportation.

SB2396 EngrossedEnrolled - 2 - LRB095 15370 EFG 45386 b 4.

Violation of paragraph (a) of Section 11-502 of this Code or a similar provision of a local ordinance if SB2396 EngrossedEnrolled - 3 - LRB095 15370 EFG 45386 b the driver has been previously convicted of a violation of that Section or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense;

Upon the direction of the court, the Secretary shall SB2396 EngrossedEnrolled - 4 - LRB095 15370 EFG 45386 b issue the person a judicial driving permit, also known as a JDP.

(c) (1) Except as provided in subsection (c-5), whenever a person is convicted of any of the offenses enumerated in this Section, the court may recommend and the Secretary of State in his discretion, without regard to whether the recommendation is made by the court may, upon application, issue to the person a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner’s residence and petitioner’s place of employment or within the scope of the petitioner’s employment related duties, or to allow transportation for the petitioner to transport himself or herself or a family household member of the petitioner’s household to a medical facility family for the receipt of necessary medical care or to allow, provide transportation for the petitioner to transport himself or herself to and from alcohol or drug remedial or rehabilitative activity recommended by a licensed service provider, or to allow for the petitioner to transport himself or herself or a family member of the petitioner’s household to attend classes, as a student, at in an accredited educational institution, or to allow the petitioner to transport children living in the SB2396 EngrossedEnrolled - 5 - LRB095 15370 EFG 45386 b petitioner’s household to and from daycare;

SB2396 EngrossedEnrolled - 6 - LRB095 15370 EFG 45386 b (i) (A) a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense;

The Secretary shall establish by rule SB2396 EngrossedEnrolled - 7 - LRB095 15370 EFG 45386 b the amount and the procedures, terms, and conditions relating to these fees.

SB2396 EngrossedEnrolled - 8 - LRB095 15370 EFG 45386 b except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension, or cancellation of a restricted driving permit.

(d)(1) Whenever a person under the age of 21 is convicted under Section 11-501 of this Code or a similar provision of a local ordinance, or a similar out-of-state offense, the Secretary of State shall revoke the driving privileges of that SB2396 EngrossedEnrolled - 9 - LRB095 15370 EFG 45386 b person.

(3) If a person’s license or permit is revoked or SB2396 EngrossedEnrolled - 10 - LRB095 15370 EFG 45386 b suspended 2 or more times within a 10 year period due to any combination of:

(5) If the restricted driving permit is issued for employment purposes, then the prohibition against driving a vehicle that is not equipped with an ignition interlock device does not apply to the operation of an occupational vehicle owned or leased by that person’s employer when used SB2396 EngrossedEnrolled - 11 - LRB095 15370 EFG 45386 b solely for employment purposes.

(g) The Secretary of State shall not issue a restricted SB2396 EngrossedEnrolled - 12 - LRB095 15370 EFG 45386 b driving permit to a person under the age of 16 years whose driving privileges have been revoked under any provisions of this Code.

95-400) SB2396 EngrossedEnrolled - 13 - LRB095 15370 EFG 45386 b Sec.

Has by the unlawful operation of a motor vehicle caused or contributed to an accident resulting in death or injury requiring immediate professional treatment in a medical facility or doctor’s office to any person, except SB2396 EngrossedEnrolled - 14 - LRB095 15370 EFG 45386 b that any suspension or revocation imposed by the Secretary of State under the provisions of this subsection shall start no later than 6 months after being convicted of violating a law or ordinance regulating the movement of traffic, which violation is related to the accident, or shall start not more than one year after the date of the accident, whichever date occurs later;

Has operated a motor vehicle upon a highway of this SB2396 EngrossedEnrolled - 15 - LRB095 15370 EFG 45386 b State when the person’s driving privilege or privilege to obtain a driver’s license or permit was revoked or suspended unless the operation was authorized by a monitoring device driving permit, judicial driving permit issued prior to January 1, 2009 the effective date of this amendatory Act of the 95th General Assembly, probationary license to drive, or a restricted driving permit issued under this Code;

Has refused to submit to a test, or tests, as SB2396 EngrossedEnrolled - 16 - LRB095 15370 EFG 45386 b required under Section 11-501.1 of this Code and the person has not sought a hearing as provided for in Section 11-501.1;

Has been convicted by a court-martial or punished by non-judicial punishment by military authorities of the SB2396 EngrossedEnrolled - 17 - LRB095 15370 EFG 45386 b United States at a military installation in Illinois of or for a traffic related offense that is the same as or similar to an offense specified under Section 6-205 or 6-206 of this Code;

Has been convicted of the illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act, any cannabis prohibited under the Cannabis Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act, in which case the person’s driving privileges shall be suspended for one year, and any driver who is convicted of a second or subsequent offense, within 5 years of a previous conviction, for the illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the SB2396 EngrossedEnrolled - 18 - LRB095 15370 EFG 45386 b Illinois Controlled Substances Act, any cannabis prohibited under the Cannabis Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act shall be suspended for 5 years.

Has refused to submit to a test as required by SB2396 EngrossedEnrolled - 19 - LRB095 15370 EFG 45386 b Section 11-501.6 or has submitted to a test resulting in an alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as listed in the Cannabis Control Act, a controlled substance as listed in the Illinois Controlled Substances Act, an intoxicating compound as listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, in which case the penalty shall be as prescribed in Section 6-208.1;

Is under the age of 21 years at the time of arrest and has been convicted of not less than 2 offenses against traffic regulations governing the movement of vehicles SB2396 EngrossedEnrolled - 20 - LRB095 15370 EFG 45386 b committed within any 24 month period.

Is under the age of 21 years at the time of arrest and has been convicted of an offense against traffic regulations governing the movement of vehicles after SB2396 EngrossedEnrolled - 21 - LRB095 15370 EFG 45386 b having previously had his or her driving privileges been suspended or revoked pursuant to subparagraph 36 of this Section;

SB2396 EngrossedEnrolled - 22 - LRB095 15370 EFG 45386 b  (c) 1.

Upon receipt of a properly completed affidavit, the Secretary of State shall issue the driver a permit to operate a vehicle in connection with the driver’s SB2396 EngrossedEnrolled - 23 - LRB095 15370 EFG 45386 b regular occupation only.

If the Secretary of State does not rescind the order, the Secretary may upon application, to relieve undue hardship (as defined by the rules of the Secretary of State), issue a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner’s residence and petitioner’s place of employment or within the scope of the petitioner’s SB2396 EngrossedEnrolled - 24 - LRB095 15370 EFG 45386 b employment related duties, or to allow transportation for the petitioner to transport himself or herself, or a family household member of the petitioner’s household to a medical facility family, to receive necessary medical care, to allow the petitioner to transport himself or herself provide transportation to and from alcohol or drug remedial or rehabilitative activity recommended by a licensed service provider, or to allow for the petitioner to transport himself or herself or a family member of the petitioner’s household to attend classes, as a student, at in an accredited educational institution, or to allow the petitioner to transport children living in the petitioner’s household to and from daycare.

(A) If a person’s license or permit is revoked or suspended due to 2 or more convictions of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961, where the use of alcohol or other drugs is recited as an element of the offense, or a similar out-of-state offense, or a combination of these SB2396 EngrossedEnrolled - 25 - LRB095 15370 EFG 45386 b offenses, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1.

SB2396 EngrossedEnrolled - 26 - LRB095 15370 EFG 45386 b (D) If the restricted driving permit is issued for employment purposes, then the prohibition against operating a motor vehicle that is not equipped with an ignition interlock device does not apply to the operation of an occupational vehicle owned or leased by that person’s employer when used solely for employment purposes.

except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be SB2396 EngrossedEnrolled - 27 - LRB095 15370 EFG 45386 b deemed sufficient cause for the revocation, suspension, or cancellation of a restricted driving permit.

(c-5) The Secretary of State may, as a condition of the SB2396 EngrossedEnrolled - 28 - LRB095 15370 EFG 45386 b reissuance of a driver’s license or permit to an applicant whose driver’s license or permit has been suspended before he or she reached the age of 18 years pursuant to any of the provisions of this Section, require the applicant to participate in a driver remedial education course and be retested under Section 6-109 of this Code.

(a) After a finding of guilt and prior to any final sentencing or an order for supervision, for an offense based SB2396 EngrossedEnrolled - 29 - LRB095 15370 EFG 45386 b upon an arrest for a violation of Section 11-501 or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of treatment as appropriate.

SB2396 EngrossedEnrolled - 30 - LRB095 15370 EFG 45386 b (d) The Secretary of State shall revoke the driving privileges of any person convicted under Section 11-501 or a similar provision of a local ordinance.

Any moneys received by a law SB2396 EngrossedEnrolled - 31 - LRB095 15370 EFG 45386 b enforcement agency under this subsection (f) shall be used to purchase law enforcement equipment that will assist in the prevention of alcohol related criminal violence throughout the State.

SB2396 EngrossedEnrolled - 32 - LRB095 15370 EFG 45386 b Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human Services.