Archive for the ‘DUI laws’ tag
November 29th, 2013 at 3:40 pm
Willie Craft Sr., 58, of Urbana, was charged in mid-November “with two felony counts of driving under the influence and one count of reckless homicide,” according to the Chicago Tribune. Craft was piloting a pick-up when he went over a curb and “struck two students from the University of Illinois at Urbana-Champaign, killing one of them.” It was later discovered that Craft had marijuana in his system at the time of the crash, according to Champaign County State’s Attorney Julia Rietz and as reported by the Tribune. Craft was initially “cited for driving without insurance and improper lane usage,” after the incident, but according to Rietz it was upon further investigation that officials stated that Craft was driving under the influence. He was also “not properly treating his diabetic condition,” according to the Tribune.
Mimi Liu, 20, of Chicago’s Bridgeport neighborhood was killed in the crash, and another student was injured. According to Rietz, Craft “told officials he was driving on the day of the crash for the first time in three years with the intent of getting insurance for his vehicle.” He had previously stayed away from getting behind the wheel because of his diabetic condition, according to the Tribune. That day, according to the Tribune, Craft said that, “he did not eat breakfast that morning even though he knew he needed it to keep his blood levels up.”
According to NORML, a non-profit that works to reform marijuana laws, Illinois is one of a handful of states that enforces per se drugged driving laws, in which a driver who tests positive for an inactive THC metabolite can be slapped with a DUI. This byproduct, however, “may be present in the urine of daily cannabis consumers for several weeks, or even months, after past use.”
A Court of Appeals in Arizona earlier this year deliberated a case involving the per se law in Arizona, and upheld the validity of the state’s per se law. As an attorney told the USA Today, “as things stand, a person from Arizona could go on a snowboarding trip to Colorado or Washington state, where marijuana is legal… and then a month later… get stopped and be convicted of DUI.”
October 8th, 2013 at 12:43 pm
Georgi Grigorov, 34, of Arlington Heights, was “arrested for drunk driving after having six prior DUI convictions under five different aliases” and bond was set at $500,000 in late September, according to the Chicago Tribune. Grigorov was charged with “aggravated driving under the influence, aggravated driving with a suspended license, and unlawful possession of fictitious identification.” Assistant State’s Attorney Moe Ahmad made note at the hearing that Grigorov had been convicted of several previous DUIs, four of which were on “bond forfeiture warrants using different names,” according to the Tribune. Though he did indeed give a false identification card when pulled over for the most recent DUI, police “learned his real identity when they ran his fingerprints through a criminal database,” Ahmad told the Tribune.
Grigorov was driving a BMW when he was arrested, and was initially pulled over for traffic violations. He failed filed sobriety tests administered by first responders to the scene, and refused to take a breath test. Refusal to submit to chemical testing in Illinois results in automatic suspension of driving privileges for 12 months, according to the Illinois DUI Factbook 2013. The Factbook states that, “in 2011, 92 percent of drivers arrested for DUI who refused to submit to or failed chemical testing lost their driving privileges.” Unlike Grigorov’s case, the vast majority of people who refused to submit to chemical testing (85 percent) were first-time DUI offenders.
The lion’s share of people using fake identification cards (such as the one Grigorov used) are teenagers seeking to buy booze illegally, but the punishment is the same across the board. According to NBC Local Chicago, using a fake ID is a class 4 felony in Illinois, punishable by serious jail time. For Grigorov, of course, the fake ID is the least of his worries when compared to the myriad of other very serious charges he’s facing.
October 16th, 2012 at 5:51 pm
P.A. 97-466, eff. 1-1-12 Short Description: School Bus Driver and Alcohol Testing· Amends 625 ILCS 5/6-106.1; adds 625 ILCS 5/6-106.1c new· Amends the Illinois Vehicle Code. Provides that an employer of a school bus driver permit holder who holds a commercial driver’s license and who works for the employer as a school bus driver and is therefore subject to 49 CFR 382.307 shall, within 48 hours, notify the Secretary of State, in a manner and form prescribed by the Secretary, of the result of a reasonable suspicion test when: (i) the test indicates an alcohol concentration greater than 0.00; (ii) the test discloses any amount of drugs (see below); or (iii) when a driver refuses testing. Provides that a non-CDL holder who holds a school bus driver permit and his or her employer shall be subject to reasonable suspicion drug and alcohol testing. Provides that testing of non-CDL holders shall be in conformance with federal regulations, except that the results of the tests shall be reported in a manner and form approved by the Secretary of State instead of on federal forms. Provides that an applicant for a school bus driver permit must consent to the release of the results of reasonable suspicion drug and alcohol tests. Provides that the Secretary shall suspend for a period of 3 years the school bus driver permit of a driver who refuses testing or tests positive for the presence of alcohol drugs or intoxicating compounds. Sets reporting requirements for the employer.· Provides that provisions regarding notification requirements go into effect when a test discloses “any amount of cannabis as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or any intoxicating compound listed in the Use of Intoxicating Compounds Act” Provides that the cost of a reasonable suspicion test shall be the responsibility of the employer, unless otherwise provided by contract or a collective bargaining agreement.
· Provides that employers of school bus drivers with or without commercial driver’s licenses shall notify the Secretary of State of the result of a reasonable suspicion test when the test indicates a positive result on a National Institute on Drug Abuse five-drug panel utilizing federal standards. Provides that the Secretary of State shall suspend a school bus driver permit for a period of 3 years upon receiving notice indicating that the permit holder yielded a positive result on a National Institute on Drug Abuse five-drug panel utilizing federal standards.
P.A. 97-0016, eff. 1-1-12 Rear seat Belts Required· Amends 625 ILCS 5/12-603.1· Amends the Illinois Vehicle Code. Provides that every driver and passenger (rather than every driver, front seat passengers, and certain passengers under the age of 19) of a motor vehicle operated on a street or highway of this State must wear a properly adjusted safety belt, with specified exceptions.
· Adds the driver or passenger of an authorized emergency vehicle and a back seat passenger of a taxicab to the list of persons exempted from the requirement to wear a safety belt.
P.A. 97-109, eff. 1-1-12 Short Description: VEH CD-ADMINISTRATIVE IMPOUND· Adds 625 ILCS 5/11-208.7 new· Amends the Illinois Vehicle Code. Provides that any municipality may, consistent with the new provision, establish by ordinance procedures for the release of properly impounded vehicles that were used in the commission of specified offenses and for the imposition of a reasonable administrative fee related to the municipality’s administrative and processing costs associated with the removal, impoundment, storage, and release of the vehicle. Provides that the administrative fee shall be waived by the municipality upon verifiable proof that the vehicle was stolen at the time the vehicle was impounded. Lists the costs for which fees may be imposed. Provides that the registered owner of the impounded vehicle is entitled to a hearing to contest the imposition of fees.
· Adds costs associated with the investigation, arrest, and detention of an offender to the fees which may be imposed. Provides that the fee imposed may be in addition to any fees charged for the towing and storage of an impounded vehicle. Adds felony theft and felony retail theft to the list of offenses for which a vehicle may be impounded and provides that a municipality may by ordinance authorize the impoundment of a vehicle used during the commission of any other misdemeanor or felony under the Criminal Code of 1961. Adds provisions setting notice and hearing requirements. Provides that unclaimed vehicles shall be disposed of in accordance with provisions of the Illinois Vehicle Code concerning the disposal of unclaimed vehicles. Provides that fees or penalties imposed by a hearing officer which remain unpaid after the deadline for seeking judicial review may be enforced as if entered by a court of competent jurisdiction.
P.A. 97-471, eff. 8-22-11 DUI Testing of Suspect Becomes Mandatory for Police· Amends 625 ILCS 5/11-501.2 & 11-501.1
· Amends the Illinois Vehicle Code. Provides that if a law enforcement officer has probable cause to believe a driver was under the influence of alcohol or drugs, the law enforcement officer shall (instead of may) request a chemical test. Effective immediately.
Status: P.A. 97-208, eff. 1-1-12 Commercial Driver’s License Medical Certificates· Amends 625 ILCS (multiple provisions)
· Amends the Illinois Vehicle Code. Requires interstate Commercial Driver’s License (CDL) holders subject to the physical qualification requirements of the Federal Motor Carrier Safety Regulations to provide a current original or copy of their medical examiner’s certificate or medical variance to the Secretary of State prior to the issuance of a new, renewed, upgraded or transferred CDL. Provides that the Secretary is authorized to cancel the CDL of any person who fails to submit or submits a fraudulent medical examiner’s certificate. Defines terms. Provides that a commercial motor vehicle may not be operated unless the driver has in his or her possession a copy of his or her medical variance, if one is required by law. Provides that no person shall be issued a commercial driver instruction permit or CDL unless the person certifies to the Secretary one of the following types of driving operations in which he or she will be engaged: (i) non-excepted interstate; (ii) non-excepted intrastate; (iii) excepted interstate; or (iv) excepted intrastate. Provides persons who hold a commercial driver instruction permit or CDL on January 30, 2012 must self-certify to the Secretary one of the above-mentioned classifications no later than January 30, 2014. Contains reporting requirements applicable to the Secretary. Provides that a driver’s certification status shall become non-certified within 10 calendar days of the expiration of a medical examiner’s certificate or medical variance or both and that failure to provide an updated medical examiner’s certificate or medical variance or both within 60 calendar days of a driver’s medical certification status becoming non-certified shall result in cancellation of the CDL. Effective January 1, 2012.
Status: P.A. 97-402, eff. 8-16-11 Short Description: State Police Citation Fund· Amends 705 ILCS 105/27.3e; 20 ILCS 2605-375· Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that funds may be appropriated from the LEADS Maintenance Fund to the Department to finance any of its lawful purposes or functions in relation to defraying the expenses associated with establishing, maintaining, and supporting the issuance of electronic citations.
· Amends the Clerks of Courts Act. Provides that the circuit court clerk shall remit electronic citation fees designated for the Department to the State Treasurer for deposit into the LEADS Maintenance Fund (now, the State Police Electronic Citation Fund). Effective immediately.
P.A. 97-0017, eff. 1-1-12 Prohibition Against Riding in Travel Trailers· Amends 625 ILCS 5/11-1408
· Amends the Illinois Vehicle Code. Replaces the language of the existing law prohibiting a person from occupying a house trailer or travel trailer while it is being towed upon a public highway with language prohibiting a person from occupying a trailer, semitrailer, farm wagon, or other vehicle while it is being towed upon a public highway, unless: the occupancy of the towed vehicle is necessary to avoid an imminent threat to a person’s safety due to extreme weather conditions or another emergency situation; the speed of the vehicle does not exceed 15 miles per hour and the vehicle is used in connection with a parade, farming-related activity, or similar activity; or the speed of the vehicle does not exceed 15 miles per hour and the passenger is over the age of 18.
P.A. 97-263, eff. 8/8/11 Removal of Social Security Exemption From Licenses and Permits· Amends 625 ILCS 5/6-106; 625 ILCS 5/6-110; 625 ILCS 5/6-510
· Amends the Illinois Vehicle Code. Removes the religious exemption to the requirement that an individual provide his or her social security number when applying for a driver’s license or instruction permit. Removes provision for the use of a federal tax number or other distinctive number in lieu of a driver’s license applicant’s social security number. Removes provision for the use of an alternate identifying number in place of a commercial driver’s license applicant’s social security number. Effective immediately.
P.A. 97-371, eff. 1-1-12 Photograph Exemption to Identification Cards· Amends 15 ILCS 335/4; 15 ILCS 335/5
· Amends the Illinois Identification Card Act. In provisions concerning Illinois Identification Cards and Illinois Disabled Person Identification Cards, authorizes the Secretary of State to provide by rule for the issuance of identification cards without photographs if the applicant has a bona fide religious objection to being photographed or to the display of his or her photograph.
P.A. 97-029, eff. 1-1-12 Traffic Camera Laws for Rental and Lease cars· Amends 625 ILCS (multiple provisions)· Amends the Illinois Vehicle Code. Provides that liability for an automated traffic law enforcement violation may be imposed on a vehicle lessee Provides that an authority shall request the name and address of a lessee who has committed a traffic law enforcement system violation within 120 days.
· No person who is the lessor of a motor vehicle pursuant to a written lease agreement shall be liable for an automated traffic law enforcement system violation involving such motor vehicle during the period of the lease; provided that upon the request of the appropriate authority received within 120 days after the violation occurred, the lessor provides within 60 days after such receipt the name and address of the lessee. The driver’s license number of a lessee may be subsequently individually requested by the appropriate authority if needed for enforcement of this Section. Upon the provision of information by the lessor pursuant to this subsection, the county or municipality may issue the violation to the lessee of the vehicle in the same manner as it would issue a violation to a registered owner of a vehicle pursuant to this Section, and the lessee may be held liable for the violation.
P.A. 97-450, eff. 8-19-11 Additional Persons Who Can Draw Blood for DUI· Amends 625 ILCS (multiple provisions)
· Amends the Illinois Vehicle Code. Adds licensed physician assistants and licensed advanced practice nurses to the list of persons qualified to draw blood for alcohol and drug testing. Effective immediately.
P.A. 97-407, eff. 1-1-12 Uninsured Motor Vehicle Increased Fines and Penalties· Amends 625 ILCS 5/3-707
· Amends the Illinois Vehicle Code. Provides that a person convicted of a third or subsequent charge of operation of an uninsured motor vehicle shall be required to pay a fine of $1,000. Provides that if a person is convicted of the offense of operation of a motor vehicle causing bodily harm (currently a Class A) and has 2 or more previous convictions of operation of an uninsured motor vehicle or operation of an uninsured motor vehicle causing bodily harm, a fine of $2,500, in addition to any sentence of incarceration, must be imposed.
P.A. 97-331, eff. 8-12-11 Municipal Prosecutor Fee· Amends 55 ILCS 5/4-2002
· Amends the Counties Code. Provides that a municipality shall be entitled to a $25 prosecution fee for each violation of (i) the Illinois Vehicle Code prosecuted by the municipal attorney, (ii) a municipal vehicle ordinance, or (iii) a nontraffic ordinance which “results in a finding of guilt” (instead of “is tried”) before a circuit or associate judge “or in which a defendant has stipulated to the facts supporting the charge or a finding of guilt and the court has entered an order of supervision”. Further provides that the fee shall be taxed as costs to be collected from the defendant upon disposition of the case (now, upon conviction). Effective immediately.
P.A. 97-175, eff. 1-1-12 Bond Forfeiture Warrant Fee Changes· Amends 725 ILCS 5/110-7· Amends the Code of Criminal Procedure of 1963. Provides that the payment of the $75 fee assessed by the court against an accused upon his or her admission to bail for failure to appear in certain cases in which a court appearance is required shall be a condition of release unless otherwise ordered by the court.· Provides that if the Department of State Police is the arresting agency, $70 of the fee assessed shall be remitted by the clerk of the court to the State Treasurer within one month after receipt for deposit into the State Police Operations Assistance Fund.
· Comment: changes the prior law that made the fee payable only upon sentencing.
P.A. 97-193, eff. 1-1-12 Addition of Certain Cannabinoid Agonists· Amends 720 ILCS 570/204
· Amends the Illinois Controlled Substances Act. Adds to the list of Schedule I controlled substances certain cannabinoid agonists.
P.A. 97-304, eff. 8-11-11 Roadside memorial Law Repeal Date Extended· 605 ILCS 125/23
· Amends the Roadside Memorial Act. Provides that the fatal accident memorial marker program is repealed on December 31, 2012 (instead of December 31, 2011). Effective immediately.
P.A. 97-079, eff. 1-1-12 Extension Of Drivers License Renewals for Military Duty· Amends 625 ILCS 5/6-115
· Amends the Illinois Vehicle Code. Provides that the Secretary of State may defer the expiration of the driver’s license of a licensee who is serving in the Armed Forces of the United States on active duty outside this State or who is the spouse or a dependent child living with such a licensee until up to 120 (instead of 90) days after the licensee’s return to this State. Effective January 1, 2012.
P.A. 97-499, eff. 1-1-12 Video Display Devices in Vehicles· Amends 625 ILCS 5/12-604.1· Provides that a person may not operate a vehicle if a device capable of displaying a television broadcast or video signal that produces entertainment or business applications is operating and is located in the vehicle in a position where the moving images are visible to the driver while the vehicle is in motion.
· Adds navigation displays to the list of exceptions to the prohibition and provides that exceptions to the prohibition apply whether or not the excepted equipment is permanently installed in a vehicle.
P.A. 97-039, eff. 1-1-12 Oscillating Lights Amendment· Amends 625 ILCS 5/12-215
· Amends the Illinois Vehicle Code. Provides that blue oscillating, rotating or flashing lights and flashing white headlights and blue grill lights on certain emergency vehicles may be lighted when parked or stationary at the scene of a fire, rescue call, ambulance call, or motor vehicle accident.
Status: Passed both Houses (also see trailer bill SB1865)Automated Speed Enforcement Cameras· Adds 625 ILCS 5/1-105.1 new; Amends 625 ILCS (multiple provisions)· Amends the Illinois Vehicle Code. Provides that in cities of over 1,000,000 inhabitants, a governmental agency may establish automated speed enforcement (ASE) systems in designated safety zones. Defines terms. Provides that the municipality may impose liability on a registered owner of a vehicle that violates the applicable law, with exceptions. Provides that notwithstanding any other applicable consequences under the Illinois Vehicle Code, the penalty for and consequence of a traffic violation recorded by an ASE system is a civil fine not to exceed $100 for each violation. Contains provisions governing the expenditure of funds generated by the use of ASE systems. Provides that unless the driver of the motor vehicle received a Uniform Traffic Citation from a police officer within one-eighth of a mile and 15 minutes of a violation recorded by an ASE system, the owner of the vehicle will be liable for the civil penalty. Provides that a violation for which a civil penalty is imposed is not a violation of a traffic regulation governing the movement of vehicles and may not be recorded on the driving record of the owner of the vehicle. Contains provisions concerning notice and administrative hearing procedures related to implementation of the amendatory Act. Provides that recorded images are confidential, with specified exceptions. Provides defenses to ASE system violations. Provides equipment and signage requirements. Provides that a municipality operating an ASE system shall conduct a statistical analysis to assess the safety impact of the system and provides procedures for conducting the statistical analysis. Adds severability language. Makes corresponding changes in other Sections of the Vehicle Code.
· Provides testing requirements for ASE equipment and specifies that equipment shall be tested once each week. Provides that ASE systems shall be operational and violations shall be recorded only between 6 a.m. and 10 p.m. in safety zones based upon schools, and if the safety zone is based upon property owned by a park district, only between one hour before and one hour after the hours the property is open to the public. Provides that no penalty may be imposed for an ASE system violation if the recorded speed of a vehicle is 5 miles per hour or less over the legal speed limit, and that a municipality may send a speed violation warning notice where the violation involves a speed of 5 miles per hour or less above the legal speed limit. If Governor Signs: Effective July 1, 2012.
P.A. 97-185, eff. 7-22-11 Driver’s License Medical Review Forms· Amends 625 ILCS 5/6-103; 625 ILCS 5/6-901
· Amends the Illinois Vehicle Code. Provides that the Secretary of State may accept written statements to the effect that the operation of a motor vehicle by the person would not be inimical to the public safety from certain licensed physician assistants and advanced practice nurses (in addition to competent medical specialists). Amends the definition of “medical examiner” or “medical practitioner” found in the Driver’s License Medical Review Law of 1992 to include certain licensed physician assistants and advanced practice nurses. Effective immediately.
P.A. 97-144, eff. 7-14-11 Low Speed Vehicle Provisions· Amends 625 ILCS 5/11-1426.1; 625 ILCS 5/11-1426.2; 625 ILCS 5/1-148.3m· Amends the Illinois Vehicle Code. Removes reference to neighborhood vehicles from the definition of “non-highway vehicle”. Provides that a unit of local government may authorize the operation of low-speed vehicles on streets that have a speed limit of more than 30 miles per hour but not greater than 35 miles per hour, provided that it first considers the volume, speed, and character of traffic on the street and whether low-speed vehicles may travel safely on that street. Provides that if a street is under the jurisdiction of more than one unit of government, each unit of government must agree to allow low-speed vehicles on that street. Provides that upon authorization of low-speed vehicles on a street, appropriate signs shall be posted. Removes signs or decal requirements for low-speed vehicles.
· Makes a change in a subsection reference so it conforms to the renumbered definition of “non-highway vehicle”. Effective immediately.
P.A. 97-202, eff. 1-1-12 Truck Overweight Limits· Amends 625 ILCS (multiple provisions)· Amends the Illinois Vehicle Code. Defines “auxiliary power unit”. Provides that trucks equipped with auxiliary power units may exceed weight limits by the lessor of the weight of the auxiliary power unit or 400 pounds, provided specified conditions are met. Provides that home rule counties or municipalities shall not impose further weight limits or require permits for any weight and size in excess of local restrictions on trucks and other commercial vehicles when gaining access to or egress from points of loading or unloading by the most direct and shortest route available. Makes changes to Sections concerning: the effect of provisions regarding weight and axle limits; requirements for clearance, identification, and side marker lamps; and when the Department of Transportation or a local authority may restrict highway use. Makes changes to a Section concerning wheel and axle loads and gross weights and conforming changes to various other Sections.· Provides that whenever the gross weight of a vehicle with a registered gross “weight of 77,000 pounds or less” exceeds certain weight limits by 2000 pounds or less, the owner or operator of the vehicle must remove the excess. Provides that whenever the gross weight of a vehicle with a registered gross “weight over 77,000 pounds or more” (instead of “weight of 77,000 pounds or more”) exceeds certain weight limits by 1,000 pounds or less or 2,000 pounds or less if weighed on wheel load weighers, the owner or operator of the vehicle must remove the excess.
· Provides for municipal exemptions for cities having a population of more than 50,000, upon notice to the department of such an ordinance enactment. Additional exemptions provided for public utility emergency repair vehicles, tow truck and vehicles, weight of APU, etc.
Status: P.A. 97-224, eff. 7-28-11 School Bus Driver Permit and Vehicle Restrictions· Amends 625 ILCS (multiple provisions)
· Amends the Illinois Vehicle Code. Provides that a school bus driver permit may not be issued to persons who have been placed under court supervision for certain offenses. Provides that entities who have a contract to transport students, teachers, or other personnel of a school district for compensation shall not permit any person to operate a school bus or any first division vehicle, including a taxi, when used for a purpose that requires a school bus driver permit if the driver has not complied with requirements concerning school bus driver permit holders. Provides that vehicles used for purposes requiring a school bus driver permit may not have previously been in salvage or junk status and that drivers of such vehicles may not allow smoking within the vehicle while it is used for a purpose requiring a school bus driver permit. Provides that school districts must maintain copies of the school bus driver permits of each individual operating a vehicle for the school district for a purpose requiring a school bus driver permit. Provides that certain vehicles, including vehicles used for purposes requiring a school bus driver permit, must carry minimum personal injury liability insurance in the amount of $1,000,000 for one person in any one accident and $5,000,000 for 2 or more persons injured by reason of the operation of the vehicle in any one accident. Provides that vehicles used for purposes requiring a school bus driver permit must pass safety tests prior to registration and subsequently every 6 months. Provides that vehicles used for purposes requiring a school bus driver permit which are in safe mechanical condition shall be issued and display the Certificate of Safety and that a vehicle which is not in safe mechanical condition may not be operated on the highways until it has been repaired and passes a subsequent inspection. Effective immediately.
Status: Passed House; 3d Senate MTC Automatic Speed Enforcement Chicago Trailer Bill· Amends 625 ILCS 5/11-208.8
· If and only if Senate Bill 965 of the 97th General Assembly becomes law in the form in which it passed the Senate, amends the Illinois Vehicle Code. Provides that if a safety zone is based upon the property line of any facility, area, or land owned by a school district, an automated speed enforcement system shall be operational and violations shall be recorded only on school days and no earlier than 6 a.m. and no later than 8:30pm if the school day is during the period of Monday through Thursday, or 9 p.m. if the school day is a Friday. Replaces existing civil penalties for automated speed enforcement system violations with the following civil penalties: a maximum of $50 if the recorded speed is no less than 6 miles per hour and no more than 10 miles per hour over the legal speed limit plus an additional penalty of not more than $50 if the original penalty is not paid in a timely manner; and a maximum of $100 if the recorded speed is more than 10 miles per hour over the legal limit plus an additional penalty of not more than $100 if the original penalty is not paid in a timely manner. Adds after school programs to the list of purposes for which the net proceeds from automated speed enforcement systems may be used. Effective July 1, 2012.
P.A. 97-202, eff. 1-1-12 Truck Speed Limits· Amends 625 ILCS 5/11-601
· Amends the Illinois Vehicle Code. Provides that speed limits for first and second division vehicles on 4-lane highways outside the counties of Cook, DuPage, Kane, Lake, McHenry, and Will shall be uniform. Effective January 1, 2012.
P.A. 97-229, eff. 7-28-11 Identification Cards, Driver’s License Multiple Provisions· Amends 625 ILCS (multiple provisions); 15 ILCS (multiple provisions)
· Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Makes changes to provisions regarding: the issuance of driver’s licenses and identification cards; confidentiality of driver medical reports; information on school bus driver permits; application of school bus driver permit restrictions; issuance of graduated licenses and probationary licenses; cancellation of licenses or permits; discretionary authority to suspend or revoke licenses or permits; impoundment or forfeiture of a vehicle related to multiple summary suspensions; length of summary suspensions; driver training schools; and commercial driver’s licenses. Effective immediately.
P.A. 97-149, eff. 7-14-11 Oscillating Lights Fire Marshall Emergency Vehicles· Amends 625 ILCS 5/1-105; 625 ILCS 5/12-215
· Amends the Illinois Vehicle Code. Adds vehicles of the Office of the Illinois State Fire Marshal to the definition of authorized emergency vehicle. Provides that vehicles of the Office of the Illinois State Fire Marshal may use oscillating, rotating, or flashing lights. Effective immediately.
P.A. 97-540, eff. 1-1-12 Registration Suspensions for Gunrunning· Amends 625 ILCS 5/3-704
· Amends the Illinois Vehicle Code. The Secretary of State may suspend the registration of a vehicle when a court finds that the vehicle was used in a violation of Section 24-3A of the Criminal Code of 1961 relating to gunrunning. A suspension of registration under this subsection (c) may be for a period of up to 90 days. Effective date January 1, 2012.
P.A. 97-544, eff. 1-1-12 Asset Forfeiture Preliminary Hearings· Adds 720 ILCS 5/36-1.5 new; Amends 720 ILCS 550/12; 720 ILCS 570/505 720 ILCS 646/85; 725 ILCS 150/3.5 new; 725 ILCS 150/6· Amends the Criminal Code of 1963 and the Drug Asset Forfeiture Procedure Act. Provides that within 14 days of seizure, the State shall seek a preliminary determination from the circuit court as to whether there is probable cause that the property may be subject to forfeiture. Provides that, upon making a finding of probable cause, the circuit court shall enter a restraining order or injunction or take other appropriate action to ensure that the property is not removed from the court’s jurisdiction and is not concealed, destroyed, or otherwise disposed of by the property owner or interest holder before a forfeiture hearing is conducted. Provides that judicial in rem forfeiture proceedings may be instituted if the value of the non-real property exceeds $150,000 (rather than $20,000), excluding the value of any conveyance.· Provides that the court shall issue the restraining order or injunction or other appropriate action to prevent concealment, removal, destruction, or other disposition of the property after a finding of probable cause that the property may be subject to forfeiture and after taking into account the respective interests of all known claimants to the property including the State.· Amends the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act. Provides that in the event of seizure of the property, notice shall be given forthwith to all known interest holders that forfeiture proceedings, including a preliminary review, shall be instituted in accordance with the Drug Asset Forfeiture Procedure Act and such proceedings shall thereafter be instituted in accordance with that Act. Provides that upon a showing of good cause, the notice required for a preliminary review under these provisions may be postponed.
· Comment: Initiative of the Cook County States Attorney’s Office after class certification in remand of Alvarez v. Smith 175 L.Ed.2d 447 (2009); also see case pending before the Illinois Supreme Court – People v. One 1998 GMC, No. 110236 where DuPage Judge held vehicle asset forfeiture statute unconstitutional due to lack of preliminary hearing.