Bill Text: IL HB2200 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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 the Secretary receives a court order containing a factual basis for rescission. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2019-05-10 - Rule 3-9(a) / Re-referred to Assignments [HB2200 Detail]

Download: Illinois-2019-HB2200-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2200

Introduced , by Rep. John C. D'Amico

SYNOPSIS AS INTRODUCED:
625 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 the Secretary receives a court order containing a factual basis for rescission. Effective immediately.
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A BILL FOR

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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by changing
5Section 2-118.1 as follows:
6 (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
7 Sec. 2-118.1. Opportunity for hearing; statutory summary
8alcohol or other drug related suspension or revocation pursuant
9to Section 11-501.1.
10 (a) A statutory summary suspension or revocation of driving
11privileges under Section 11-501.1 shall not become effective
12until the person is notified in writing of the impending
13suspension or revocation and informed that he may request a
14hearing in the circuit court of venue under paragraph (b) of
15this Section and the statutory summary suspension or revocation
16shall become effective as provided in Section 11-501.1.
17 (b) Within 90 days after the notice of statutory summary
18suspension or revocation served under Section 11-501.1, the
19person may make a written request for a judicial hearing in the
20circuit court of venue. The request to the circuit court shall
21state the grounds upon which the person seeks to have the
22statutory summary suspension or revocation rescinded. Within
2330 days after receipt of the written request or the first

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1appearance date on the Uniform Traffic Ticket issued pursuant
2to a violation of Section 11-501, or a similar provision of a
3local ordinance, the hearing shall be conducted by the circuit
4court having jurisdiction. This judicial hearing, request, or
5process shall not stay or delay the statutory summary
6suspension or revocation. The hearings shall proceed in the
7court in the same manner as in other civil proceedings.
8 The hearing may be conducted upon a review of the law
9enforcement officer's own official reports; provided however,
10that the person may subpoena the officer. Failure of the
11officer to answer the subpoena shall be considered grounds for
12a continuance if in the court's discretion the continuance is
13appropriate.
14 The scope of the hearing shall be limited to the issues of:
15 1. Whether the person was placed under arrest for an
16 offense as defined in Section 11-501, or a similar
17 provision of a local ordinance, as evidenced by the
18 issuance of a Uniform Traffic Ticket, or issued a Uniform
19 Traffic Ticket out of state as provided in subsection (a)
20 of Section 11-501.1; and
21 2. Whether the officer had reasonable grounds to
22 believe that the person was driving or in actual physical
23 control of a motor vehicle upon a highway while under the
24 influence of alcohol, other drug, or combination of both;
25 and
26 3. Whether the person, after being advised by the

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1 officer that the privilege to operate a motor vehicle would
2 be suspended or revoked if the person refused to submit to
3 and complete the test or tests, did refuse to submit to or
4 complete the test or tests to determine the person's blood
5 alcohol or drug concentration; or
6 4. Whether the person, after being advised by the
7 officer that the privilege to operate a motor vehicle would
8 be suspended if the person submits to a chemical test, or
9 tests, and the test discloses an alcohol concentration of
10 0.08 or more, a tetrahydrocannabinol concentration as
11 defined in paragraph 6 of subsection (a) of Section
12 11-501.2 of this Code, or any amount of a drug, substance,
13 or compound in the person's blood, other bodily substance,
14 or urine resulting from the unlawful use or consumption of
15 a controlled substance listed in the Illinois Controlled
16 Substances Act, an intoxicating compound as listed in the
17 Use of Intoxicating Compounds Act, or methamphetamine as
18 listed in the Methamphetamine Control and Community
19 Protection Act, and the person did submit to and complete
20 the test or tests that determined an alcohol concentration
21 of 0.08 or more.
22 4.2. (Blank).
23 4.5. (Blank).
24 5. If the person's driving privileges were revoked,
25 whether the person was involved in a motor vehicle accident
26 that caused Type A injury or death to another.

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1 Upon the conclusion of the judicial hearing, the circuit
2court shall sustain or rescind the statutory summary suspension
3or revocation and immediately notify the Secretary of State.
4Any court order rescinding a statutory summary suspension or
5revocation must contain a factual basis for the rescission.
6Upon receipt of a court order rescinding a statutory summary
7suspension or revocation that does not contain a factual basis
8for the rescission, the Secretary of State shall return the
9order to the court and shall be prohibited from rescinding the
10statutory summary suspension until the Secretary receives a
11court order containing a factual basis for the rescission.
12Reports received by the Secretary of State under this Section
13shall be privileged information and for use only by the courts,
14police officers, and Secretary of State.
15(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15;
1699-697, eff. 7-29-16.)
17 Section 99. Effective date. This Act takes effect upon
18becoming law.
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