New 2016 Illinois DUI and Traffic Laws

Summary of New DUI and Traffic Laws in 2016
by Donald J. Ramsell ©2015

VEHICLE REGISTRATION - COMBAT VETERANS
Public Act 099-0032 Effective Date July 10, 2015

625 ILCS 5/3-415 from Ch. 95 1/2, par. 3-415
625 ILCS 5/3-806.7

Amends the Illinois Vehicle Code. Provides that beginning in registration year 2016, the application for renewal, and subsequent fees, of a vehicle registration for a member of the Armed Forces of the United States returning from a combat mission shall not be required for that service member's next scheduled renewal. Provides that beginning in registration year 2016, the standard registration fee shall be waived for the year following the return of any Illinois vehicle owner who is an active duty member of the Armed Forces of the United States who can provide proof of serving in a combat mission. Effective immediately.

Senate Committee Amendment No. 1
Provides that beginning in registration year 2017 (rather than 2016), the application for registration renewal and standard registration fees for a military combat mission veteran shall be waived for the year following that combat mission veteran's return from active duty. Provides that proof of combat mission service shall come from the service member's hostile fire pay or imminent danger pay documentation (rather than discharge documentation) received any time in the 12 months preceding the registration renewal. Provides that the application for registration renewal and standard registration fees exemption shall apply to a member of the active-duty or reserve component of the United States Armed Forces returning from a combat mission.

Senate Committee Amendment No. 2
Provides that nothing concerning the waiver of the application for registration renewal and standard registration fees for a military combat mission veteran is applicable to the additional fees incurred by specialty, personalized, or vanity license plates.

VEHICLE CODE - FLASHING LIGHTS EMS VOLUNTEER
Public Act 99-0040 Effective Date January 1, 2016

625 ILCS 5/12-215 from Ch. 95 1/2, par. 12-215

Amends the Illinois Vehicle Code. Provides for the use of red or white oscillating, rotating, or flashing lights on vehicles which are occasionally used as rescue vehicles and authorized for use as rescue vehicles by a volunteer EMS provider. Defines "volunteer EMS provider".

INSURANCE PAYMENTS - TRANSPORTATION NETWORKS
Public Act 99-0056 Effective Date July 16, 2015

625 ILCS 57/34 new

Amends the Transportation Network Providers Act. Provides that if a transportation network company's insurer makes a payment for a claim covered under comprehensive coverage or collision coverage, the transportation network company shall cause its insurer to issue the payment directly to the business repairing the vehicle, or jointly to the owner of the vehicle and the primary lienholder on the covered vehicle. Provides that a unit of local government, whether or not it is a home rule unit, may not regulate transportation network companies, transportation network company drivers, or transportation network company services in a manner that is less restrictive than the regulation by the State. Repeals the Act on June 1, 2020.

CDL - OVERWEIGHTS - TOWING CMVS
Public Act 99-0057 Effective Date July 16, 2015

625 ILCS 5/1-124.3 new
625 ILCS 5/1-124.5
625 ILCS 5/3-818 from Ch. 95 1/2, par. 3-818
625 ILCS 5/6-500 from Ch. 95 1/2, par. 6-500
625 ILCS 5/6-507 from Ch. 95 1/2, par. 6-507
625 ILCS 5/6-508.1

Amends the Illinois Vehicle Code. Defines "gross combination weight rating" (GCWR). Provides that the GCWR of the power unit will not be used to define a commercial motor vehicle when the power unit is not towing another vehicle. Makes conforming changes regarding the definition of GCWR. Provides for the collection of a $10 surcharge for vehicles in the 12,000 lbs. and less flat weight plate category to identify those vehicles as covered farm vehicles. Makes it a serious traffic violation to drive a commercial motor vehicle on a highway with a commercial driver instruction permit, but unaccompanied by the holder of a valid commercial driver's license. Exempts persons operating a covered farm vehicle, as defined under the Illinois Vehicle Code, from requirement to have a commercial driver's license or requirement to submit a medical examiner's certificate for operation of a commercial motor vehicle in non-excepted interstate commerce. Effective July 1, 2015.

House Committee Amendment No. 1
In a Section concerning mileage weight tax options, provides for the collection of a $10 surcharge for vehicles in the 12,000 lbs. and less mileage (rather than flat) weight plate category to identify those vehicles as covered farm vehicles. Makes conforming changes.

DRUG DESTRUCTION DEVICE
Public Act 99-0060 Effective Date: 7/16/2015

415 ILCS 5/22.58 new Synopsis As Introduced

Amends the Environmental Protection Act. Provides that drug evidence that is placed into a drug destruction device by a law enforcement agency at the location where the evidence is stored by the agency and that is destroyed under the supervision of the agency in accordance with the specifications of the device manufacturer shall not be considered discarded or a waste under the Act until it is rendered non-retrievable.

REGISTRATION PLATES - FORKLIFTS
Public Act 99-0068 Effective Date January 1, 2016

625 ILCS 5/3-413 from Ch. 95 1/2, par. 3-413

Amends the Illinois Vehicle Code. Provides that a registration plate and stickers, issued to a vehicle with a rear loaded motorized forklift, that is securely fastened in a horizontal position to the rear of that vehicle shall not be required to be clearly visible at all times.

REGISTRATION FEES - SENIOR CITIZENS DISABLED PERSONS
Public Act 099-0071 Effective Date January 1, 2016

625 ILCS 5/3-806.3 from Ch. 95 1/2, par. 3-806.3

Amends the Illinois Vehicle Code. Provides that commencing with the 2017 registration year, the reduced fee set forth for any vehicle owner, or spouse of the vehicle owner, who has been approved for benefits under the Senior Citizens and Disabled Persons Property Tax Relief Act shall apply to any special registration plate authorized in the Code. Provides that the reduced fee does not apply to the fee paid in addition to the registration fee for motor vehicles displaying personalized license plates.

REGISTRATION FEES - FIRST DIVISION - FLEET OWNERS
Public Act 099-0080 Effective Date January 1, 2016

625 ILCS 5/3-414 from Ch. 95 1/2, par. 3-414
625 ILCS 5/3-414.1 from Ch. 95 1/2, par. 3-414.1
625 ILCS 5/3-415 from Ch. 95 1/2, par. 3-415

Amends the Illinois Vehicle Code. Provides that vehicle registrations of vehicles of the first division shall be for a 5 calendar year basis, in addition to other registration periods. Provides that beginning with the 2018 registration year, the Secretary of State may enter into an agreement with a rental owner who registers a fleet of motor vehicles of the first division to provide for the registration of the rental owner's vehicle on a 5 calendar year basis. Provides that motor vehicles registered on a 5 calendar year basis shall be issued a distinct registration plate that expires on a 5-year cycle. Provides that the Secretary may prorate the registration of these registration plates to the length of time remaining in the 5-year cycle. Provides that registration plates issued as 2-year or 5-year plates (rather than only 2-year plates) may be issued as multi-year plates at the discretion of the Secretary. Provides that application for renewal of a vehicle registration shall be made by the owner, as to those vehicles required to be registered for 5 calendar years, not later than December 1 of the year preceding commencement of the 5-year registration period. Makes conforming changes.

REGISTRATION - ARMED FORCES EMPLOYEES
Public Act 099-0118 Effective Date January 1, 2016

625 ILCS 5/3-801 from Ch. 95 1/2, par. 3-801
625 ILCS 5/6-102 from Ch. 95 1/2, par. 6-102
625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115

Amends the Illinois Vehicle Code. Allows civilian employees of the United States Armed Services or of the United States Department of Defense, serving outside of the State of Illinois, to secure vehicle registration up to 45 days after returning to this State. Provides that Illinois driver's license requirements shall not apply to civilian employees of the United States Armed Services or of the United States Department of Defense, serving outside of the continental United States, for a period of 120 days following their return to the continental limits of the United States. Allows the Secretary of State to defer the expiration of a driver's license belonging to a civilian employee of the United States Armed Forces or of the United States Department of Defense, serving outside of the State of Illinois, and 120 days thereafter, upon such terms and conditions as the Secretary may prescribe.
Jul 23 15 H

TEMPORARY STOP SIGN REPLACEMENT - LOCAL AUTHORITIES
Public Act 099-0124 Effective Date January 1, 2016

625 ILCS 5/11-303 from Ch. 95 1/2, par. 11-303
625 ILCS 5/11-304 from Ch. 95 1/2, par. 11-304

Amends the Illinois Vehicle Code. Provides that traffic control devices placed by the Department of Transportation shall include temporary stop signs placed as a substitute for missing or damaged permanent stop signs required by the State Manual. Requires temporary stop signs to be placed in a manner to provide adequate visibility and legibility, and be placed within duration recommendations in the State Manual, unless circumstances require longer placement. Allows local authorities to place and maintain temporary stop signs placed as a substitute for missing or damaged permanent stop signs required by the State Manual upon highways under their maintenance jurisdiction. Provides that temporary stop signs placed by local authorities shall be placed in a manner to provide adequate visibility and legibility, and shall be placed within duration recommendations in the State Manual, unless circumstances require longer placement.

AMBER FLASHING LIGHTS - RECYCLING TRUCKS
Public Act 99-0125 Effective Date January 1, 2016

625 ILCS 5/12-215 from Ch. 95 1/2, par. 12-215

Amends the Illinois Vehicle Code. Allows the use of amber oscillating, rotating, or flashing lights on trucks equipped with self-compactors or roll-off hoists and roll-on containers for hauling materials to be recycled.

VEH CD-MISC FEE CHANGES
Public Act 99-0127 Effective date January 1, 2016

625 ILCS 5/2-119
from Ch. 95 1/2, par. 2-119
625 ILCS 5/2-123
from Ch. 95 1/2, par. 2-123
625 ILCS 5/3-305
from Ch. 95 1/2, par. 3-305
625 ILCS 5/3-626
625 ILCS 5/3-668
625 ILCS 5/3-669
625 ILCS 5/3-813
from Ch. 95 1/2, par. 3-813
625 ILCS 5/3-821.2
625 ILCS 5/5-109
625 ILCS 5/6-118
625 ILCS 5/6-423
from Ch. 95 1/2, par. 6-423
625 ILCS 5/6-1013
625 ILCS 5/7-606
from Ch. 95 1/2, par. 7-606
625 ILCS 5/7-607
from Ch. 95 1/2, par. 7-607

Amends the Illinois Vehicle Code. Provides for the deposit and use of money collected for certificates of title, duplicate certificates of title, and corrected certificates of title into specified Funds of the State treasury. Provides for the disbursement of fees collected under the Sale and Distribution of Information Section of the Code. Makes a conforming change regarding no longer applicable fees for the issuance of Korean War Veteran license plates. Removes fee requirements for the issuance of Iraq Campaign and Afghanistan Campaign license plates. Provides that the $10 registration fee paid to the Secretary of State by owners of vehicles of the second division shall be collected as part of the flat weight tax assessed under the Code. Provides that fees collected under the Delinquent Registration Renewal Fee Section of the Code shall be deposited into the General Revenue Fund. Requires that the annual fee collected from manufacturers and distributors doing business in this State shall be deposited into the Motor Vehicle Review Board Fund. Makes conforming changes requiring fees collected under certain Articles and Sections of the Code to be disbursed according to the Disposition of Fees and Taxes Section of the Code.

EMPLOYER OF SCHOOL BUS DRIVER - ORDINARY CARE
Public Act 099-0148 Effective Date January 1, 2016

625 ILCS 5/1-100 from Ch. 95 1/2, par. 1-100

Amends the Illinois Vehicle Code. Provides that a private carrier employer of a school bus driver permit holder, having satisfied applicable employer requirements, shall be held to a standard of ordinary care for intentional acts committed in the course of employment by a bus driver permit holder. Provides that the provision concerning employer standard of care shall in no way limit the liability of a private carrier employer for violation of any provision of this Section or for the negligent hiring or retention of a school bus driver permit holder.

OVERWEIGHTS - TEMPORARY LOCAL RESTRICTIONS
Public Act 099-0168 Effective Date January 1, 2016

625 ILCS 5/15-316 from Ch. 95 1/2, par. 15-316

Amends the Illinois Vehicle Code. Provides that local authorities may by ordinance or resolution prohibit the operation of vehicles or impose restrictions as to the weight of vehicles to be operated upon highways under their jurisdiction, for a total period not to exceed 90 days, measured in either consecutive or nonconsecutive days at the discretion of local authorities, in any one calendar year, when conditions will seriously damage or destroy the highway.

PARKING LAWS - ELECTRIC STATIONS
Public Act 099-0172 Effective Date January 1, 2016

625 ILCS 5/11-1308 new

Amends the Illinois Vehicle Code. Prohibits the parking of non-electric vehicles in charging station spaces designated for electric vehicles. Allows any person or local authority owning or operating a parking facility to remove or cause to be removed any non-electric vehicle parked within a charging station space designated for use by an electric vehicle. Imposes a minimum fine of $75 on a person parking a non-electric vehicle in a space designated for electric vehicles. Requires municipalities to display signs indicating the fine imposed for a violation. Defines "electric vehicle", "electric vehicle charging station", and "electric vehicle registration plates".

House Committee Amendment No. 1
Amends bill by removing language that makes reference to vehicles displaying electric vehicle registration plates as being eligible to park in electric vehicle charging station spaces. In a subsection concerning potential fines for violation of the Section, removes requirement that applicable fine amounts be displayed on signs indicating the fine imposed. Also removes requirement that municipalities shall change the amount indicated on the sign if the fine is subsequently changed. Removes language defining the term, "electric vehicle registration plates".

LIABILITY LIMITS - RENTAL CARS
Public Act 099-0201 Effective Date October 1, 2015

625 ILCS 5/6-305.2
625 ILCS 27/15

Amends the Illinois Vehicle Code. Provides for the total liability of a renter for damage to a motor vehicle with a Manufacturer's Suggested Retail Price (MSRP) of $50,000 or less. Provides for the total liability of a renter for damage to a motor vehicle with a MSRP of more than $50,000. Provides that the maximum recovery for a motor vehicle with a MSRP of more than $50,000 shall not exceed $40,000 on the effective date of this amendatory Act. Provides that on October 1, 2016, and for the next 3 years thereafter, the maximum amount that may be recovered from an authorized driver for a motor vehicle with a MSRP of more than $50,000 shall be increased by $2,500 above the prior year's maximum recovery. Provides that on October 1, 2020, and for the next 3 years thereafter, the maximum amount that may be recovered from an authorized driver for a motor vehicle with a MSRP of more than $50,000 shall be increased by $1,000 above the prior year's maximum recovery. Provides that a person who rents a motor vehicle to another may not collect or attempt to collect the amount recoverable for a motor vehicle with a MSRP of more than $50,000 unless the rental company performs certain required actions. Provides that in the event of loss due to theft of the rental motor vehicle, the rental company shall provide reasonable notice of the theft to the renter's personal insurance company. Amends the Renter's Financial Responsibility and Protection Act. Provides that a rental company may offer a collision damage waiver on any rental vehicle having a value in excess of a MSRP of $50,000, but removes the $13.50 cap on a collision damage waiver for a full or partial rental day.

SUPERVISION - EXCESSIVE SPEEDING
Public Act 099-0212 Effective Date January 1, 2016

730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1

Amends the Unified Code of Corrections. Provides that an order of supervision is not available to a defendant charged with speeding 26 miles per hour or more in excess of the applicable maximum speed limit established under the Illinois Vehicle Code or a similar provision of a local ordinance if the defendant has been: (1) previously convicted for that violation or a similar provision of a local ordinance or any similar law of another state; or (2) previously assigned supervision for that violation of the Illinois Vehicle Code or a similar provision of a local ordinance or any similar law of another state (rather than not available for a first-time offender).

House Floor Amendment No. 2
Provides that an order for supervision is not available to a defendant charged with driving a vehicle upon any highway of this State at a speed that is 26 miles per hour or more in excess of the applicable maximum speed limit established under the Illinois Vehicle Code or a local ordinance if the defendant has been charged for that violation or a similar provision of a local ordinance when the defendant was operating a vehicle in a designated school zone, designated construction zone, or designated urban area. Deletes provision that an order for supervision shall not apply to a defendant charged with driving at a speed which is greater than the applicable statutory maximum speed limit or by a regulation or ordinance when the defendant was operating a vehicle, in an urban district, at a speed in excess of 25 miles per hour over the posted speed limit.

Senate Floor Amendment No. 1
Adds reference to:
625 ILCS 5/11-605 from Ch. 95 1/2, par. 11-605
Adds reference to:
625 ILCS 5/11-605.1
Amends the Illinois Vehicle Code. Creates the offense of aggravated special speed limit while traveling through a highway construction or maintenance speed zone and the offense of aggravated special speed limit while passing schools. Provides that a person commits the offense when he or she drives a motor vehicle at a speed that is 26 miles per hour or more in excess of the applicable special speed limit established in that zone under the Code or a similar provision of a local ordinance. Further amends the Unified Code of Corrections. Makes technical and conforming changes.

CRIMINAL - EXTENDED LIMITATIONS
Public Act 99-0234 Effective Date: 8/3/2015

720 ILCS 5/3-6
from Ch. 38, par. 3-6

Amends the Criminal Code of 2012. Provides that a prosecution for armed robbery, home invasion, kidnapping, or aggravated kidnaping may be commenced within 10 years of the commission of the offense if it arises out of the same course of conduct and meets the criteria for a prosecution for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse. Provides that a prosecution for armed robbery, home invasion, kidnapping, or aggravated kidnaping may be commenced at any time if it arises out of the same course of conduct and meets the criteria when the victim is under 18 years of age at the time of the offense, for a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse.

ROAD CONSTRUCTION - ALTERATIONS - WEIGHT LIMITS
Public Act 099-0237 Effective Date January 1, 2016

Amends the Illinois Highway Code. Provides that a highway commissioner may not permanently close or permanently post at a reduced weight limit any road or portion thereof unless the decision is after notice and public hearing and in accordance with the Code. Adds a provision specifying the powers and responsibilities of a highway commissioner to permanently close or permanently post a road at a reduced weight limit. Provides that no road or portion thereof designated as arterial shall be permanently closed unless the decision to do so is made in accordance with the Code. Provides that following the decision of a highway commissioner concerning a township or district road, any 3 landowners in the road district may appeal from the decision to the county superintendent of highways. Amends the Illinois Vehicle Code. Provides that highway commissioners, with respect to roads under their authority, may not permanently post a road or portion thereof at a reduced weight limit unless the decision to do so is made in accordance with the Illinois Highway Code.

House Floor Amendment No. 2
Deletes reference to:
605 ILCS 5/6-301
Deletes reference to:
605 ILCS 5/6-306
Adds reference to:
605 ILCS 5/6-311 from Ch. 121, par. 6-311
Adds reference to:
605 ILCS 5/6-312 from Ch. 121, par. 6-312
Amends the Illinois Highway Code. Reinserts the bill as amended, but deletes that a highway commissioner may permanently close any road or portion thereof or arterial street without notice and a hearing in accordance with the Code. Provides that for a petition to widen, alter, or vacate a road, the superintendent of highways shall permit the introduction of evidence and the cross examination of witnesses by not less than 3 of the qualified petitioners, not less than 3 other legal voters residing within 2 miles of any portion of the road, and not less than 3 other persons owning land in the road district (regardless of whether the land is operated as a farm) or owning land wholly or partially situated within 2 miles of any portion of the road, except that no such permission shall extend to a person other than a petitioner unless it appears that he will be directly and adversely affected by the change requested in the petition. Makes conforming changes. Amends the Illinois Vehicle Code. Provides that highway commissioners, with respect to roads under their authority, may not permanently post a road or portion thereof at a reduced weight limit unless the decision to do so is made in accordance with the Illinois Highway Code.

CORRECTIONS -SENTENCE CREDIT
Public Act 99-0241 Effective Date January 1, 2016

730 ILCS 5/3-6-3
from Ch. 38, par. 1003-6-3

Amends the Unified Code of Corrections. Provides that 90 (rather than 60) days of sentence credit shall be awarded to any prisoner who passes high school equivalency testing while the prisoner is committed to the Department of Corrections. Provides that the Department of Corrections may also award 90 (rather than 60) days of sentence credit to any committed person who passed high school equivalency testing while he or she was held in pre-trial detention prior to the current commitment to the Department of Corrections.

MOTORCYCLES - AUXILIARY LIGHTING
Public Act 099-0242 Effective Date August 3, 2015

625 ILCS 5/12-218 new

Amends the Illinois Vehicle Code. Provides that a motorcycle registered in this State may be equipped with, and a person operating the motorcycle may use, standard bulb running lights or light-emitting diode pods and strips as auxiliary lighting to protect the driver. Provides limitations to the use of auxiliary lighting on motorcycles.

CRIMINAL PROCEDURE - HEARSAY EVIDENCE
Public Act 099-0243 Effective Date August 3, 2015

725 ILCS 5/115-10.6 rep.
725 ILCS 5/115-10.7 rep.

Amends the Code of Criminal Procedure of 1963. Repeals evidentiary provisions providing a hearsay exception for intentional murder of a witness and admissibility of prior statements of an unavailable witness whose absence was wrongfully procured.

VEH THEFT PREVENT ACT REPEALER
Public Act 99-0251 Effective date January 1, 2016

20 ILCS 4005/12

Amends the Illinois Motor Vehicle Theft Prevention Act. Provides for the repeal of Sections 1 through 9 and Section 11 of the Illinois Motor Vehicle Theft Prevention Act on January 1, 2020 (rather than January 1, 2016).

CRIM CD-STATUTE OF LIMITATIONS EXCLUDED PERIOD
Public Act 99-0252 Effective Date January 1, 2016

720 ILCS 5/3-7
from Ch. 38, par. 3-7

Amends the Criminal Code of 2012. Provides that the period within which a prosecution must be commenced does not include any period in which the sexual assault evidence is collected and submitted to the Illinois State Police until the completion of the analysis of the submitted evidence, including but not limited to collection of evidence of a sexual assault using the Illinois State Police sexual assault evidence collection kit. Defines "completion of the analysis of the submitted evidence", "sexual assault", and "sexual assault evidence".

COUNTY JAIL GOOD BEHAVIOR
PUBLIC ACT 99-0259 EFFECTIVE DATE JANUARY 1, 2016

730 ILCS 130/2
from Ch. 75, par. 31
730 ILCS 130/3.1
from Ch. 75, par. 32.1

Amends the County Jail Good Behavior Allowance Act. Adds definition of "committed person" to the Act. Provides that "committed person" means a person confined in a county jail whether serving a term of imprisonment or confined pending trial or sentencing. Provides that "good behavior" means the compliance by a person with all rules and regulations of the institution and all laws of the State while confined in a county jail whether serving a sentence of imprisonment or confined in the county jail pending trial or sentencing. Provides that no committed person may be penalized more than 30 days of good behavior allowance for any one infraction unless the infraction is the second or subsequent infraction within any 30-day period in which case the committed person may not be penalized more than 60 days of good behavior allowance.

REGISTRATION FEES - DEATH OF SPOUSE
Public Act 099-0260 Effective Date January 1, 2016

625 ILCS 5/3-114 from Ch. 95 1/2, par. 3-114
625 ILCS 5/3-821 from Ch. 95 1/2, par. 3-821

Amends the Illinois Vehicle Code. Provides that if the interest of an owner passes to the owner's spouse or if the spouse otherwise acquires ownership of the vehicle, then the transferee shall promptly mail or deliver to the Secretary of State, proof of (i) the owner's death; (ii) the transfer or acquisition of ownership; and (iii) proof of the martial relationship between the owner and the transferee, along with the last certificate of title, if available, and an application for certificate of title along with the appropriate fees and taxes, if applicable. Requires that a special corrected certificate of title shall be issued, among other instances, to transfer title to a spouse if the decedent-spouse was the sole owner on the title.

POLICE EQUIPMENT - TRANSPORTATION SAFETY HIGHWAY HIRE-BACK FUND
Public Act 099-0280 Effective Date January 1, 2016

625 ILCS 5/11-605.1

Amends the Illinois Vehicle Code. Allows a county to use a portion of the money in its Transportation Safety Highway Hire-back Fund to purchase equipment for local police departments within that county and fund the production of materials to educate drivers on construction zone safe driving habits. Effective January 1, 2016. House Floor Amendment No. 1 Allows a county to use a portion of the money in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement (rather than local police departments) and fund the production of materials to educate drivers on construction zone safe driving habits.

DRIVERS LICENSE - BAIID RESTRICTIONS
Public Act 099-0289 Effective Date August 6, 2015

625 ILCS 5/6-113 from Ch. 95 1/2, par. 6-113
625 ILCS 5/6-205
625 ILCS 5/11-501.01

Amends the Illinois Vehicle Code. Provides that whenever the Secretary of State issues an administrative order requiring the use of an ignition interlock device, a driver's license containing an ignition interlock device restriction shall be issued. Requires the administrative order to set forth the duration of the restriction and any other applicable terms and conditions. Provides that individuals required to use an ignition interlock device shall only operate vehicles in which that device is installed. Deletes obsolete language regarding judicial driving permits. Effective July 1, 2015.
Aug 06 15 H

LICENSE REINSTATEMENT - HARD TIME ELIMINATION
Public Act 099-0290 Effective Date January 1, 2016

625 ILCS 5/6-205
625 ILCS 5/6-206
625 ILCS 5/6-208 from Ch. 95 1/2, par. 6-208
625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303

Amends the Illinois Vehicle Code. Provides a person with a revoked driver's license, who is ineligible for restoration of the license because of certain prior violations including a 4th or subsequent DUI, may apply for a restricted driving permit 5 years after revocation or release from imprisonment, whichever is later. To be eligible for the restricted driving permit the person, must at a minimum, show by clear and convincing evidence at least 3 years of abstinence from alcohol and illegal drugs and successful completion of rehabilitative treatment. Any restricted driving permit issued to such a person must require operation of a vehicle equipped with an ignition interlock device. Provides the person shall not be eligible for a restricted driving permit if convicted of more than one violation of driving under the influence of drugs or an intoxicating compound. If the person issued a restricted driving permit is subsequently convicted of driving under the influence, the permit is revoked and he or she is permanently barred from acquiring a restricted driving permit. Allows a nonresident, who is ineligible for restoration of a license because of certain prior violations, to seek restoration of the license 10 years from the date of revocation. Makes it a Class 4 felony for a person with a restricted driving permit that requires operation of a vehicle with an ignition interlock device to operate a vehicle without one.

CDL -MOTOR CARRIER SAFETY- DEATH OR GREAT BODILY HARM OFFENSES
Public Act 099-0291 Effective Date January 1, 2016

625 ILCS 5/18b-108 from Ch. 95 1/2, par. 18b-108

Amends the Illinois Vehicle Code. Provides that a willful violation of the Illinois Motor Carrier Safety Law that causes a motor vehicle accident that results in great bodily harm, permanent disability, or disfigurement to another person is a Class 3 felony. Provides that a willful violation of the Illinois Motor Carrier Safety Law that causes a motor vehicle accident that results in the death of another person is a Class 2 felony.

Senate Committee Amendment No. 2
Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Reinserts the provisions of the engrossed bill with changes. Provides that any driver who willfully violates regulations pertaining to motor carrier drivers driving under the influence; motor carrier drivers' hours of service; and motor carrier physical qualifications for drivers, shall be guilty of a Class 3 felony when the violation results in a motor vehicle accident that causes great bodily harm, permanent disability or disfigurement, or death to another person. Provides that any person other than the driver who willfully violates regulations pertaining to motor carrier drivers driving under the influence; motor carrier drivers' hours of service; and motor carrier physical qualifications for drivers, shall be guilty of a Class 2 felony when the violation results in a motor vehicle accident that causes great bodily harm, permanent disability or disfigurement, or death to another person.

Senate Floor Amendment No. 4
Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Reinserts the provisions of Senate committee amendment No. 2 with changes. Provides that any driver who willfully violates regulations pertaining to motor carrier drivers driving under the influence; motor carrier drivers' hours of service; and motor carrier qualifications for drivers, shall be guilty of a Class 3 felony when the violation results in a motor vehicle accident that causes great bodily harm, permanent disability or disfigurement, or death to another person. Provides that any person other than the driver who willfully violates regulations pertaining to motor carrier drivers driving under the influence; motor carrier drivers' hours of service; and motor carrier qualifications for drivers, shall be guilty of a Class 2 felony when the violation results in a motor vehicle accident that causes great bodily harm, permanent disability or disfigurement, or death to another person.

LICENSE REINSTATEMENT - BAIID REQUIREMENTS
Public Act 099-0296 Effective Date January 1, 2016

625 ILCS 5/6-205
625 ILCS 5/6-208 from Ch. 95 1/2, par. 6-208
625 ILCS 5/11-501.01

Amends the Illinois Vehicle Code. Provides that the Secretary of State shall require the use of ignition interlock devices for a period not less than 5 years on all vehicles owned by a person who has been convicted of a second or subsequent offense of driving under the influence of alcohol, other drugs, intoxicating compounds, or any combination. Provides that a person convicted of a second or subsequent violation of driving under the influence of alcohol, other drugs, intoxicating compounds, or any combination, or where the use of alcohol or other drugs is recited as an element of an offense, may not make application for a driver's license until he or she has first been issued a restricted driving permit by the Secretary, and the expiration of a continuous period of not less than 5 years following the issuance of the restricted driving permit without suspension, cancellation, or revocation of the permit, or violation of a regulation requiring use of an ignition interlock device.

LICENSE REVOCATION - ACCIDENTS INVOLVING DEATH
Public Act 099-0297 Effective Date January 1, 2016

625 ILCS 5/6-205

Amends the Illinois Vehicle Code. Provides that the Secretary of State shall immediately revoke the license, permit, or driving privileges of any driver convicted of any offense against any provision in this Code, or any local ordinance, regulating the movement of traffic when that offense is the direct (rather than proximate) cause of the death of any person.

House Floor Amendment No. 1
Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Reinserts the provisions of the introduced bill with changes. Provides that the Secretary of State shall notify by mail any person whose driving privileges have been revoked as a result of any offense against any provision in this Code, or any local ordinance, regulating the movement of traffic when that offense is the proximate cause of the death of any person, that his or her driving privileges and driver's license will be revoked 90 days from the date of the mailing of the notice.

LICENSE REINSTATEMENT - NONRESIDENT OUT OF STATE REVOCATIONS
Public Act 099-0300 Effective Date January 1, 2016

625 ILCS 5/6-103.1

Amends the Illinois Vehicle Code. Provides for the issuance of a driver's license to a nonresident who becomes a resident of this State for 10 or more consecutive years while that person's driving privileges are revoked in another State.

House Floor Amendment No. 1
Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Reinserts the provisions of the introduced bill with a change providing for, among other requirements, the issuance of a driver's license to a nonresident who becomes a resident of this State for 10 or more consecutive years while that person's driving privileges are revoked in another State, if that person complies with the requirements of the Illinois Administrative Code concerning the General Provisions for Reinstatement of Driving Privileges After Revocation and the Provisions for Alcohol and Drug Related Revocations, Suspensions, and Cancellations.

LIABILITY INSURANCE - TECHNICAL CHANGES
Public Act 099-0333 Effective Date January 1, 2016

625 ILCS 5/7-604 from Ch. 95 1/2, par. 7-604

Amends the Illinois Vehicle Code. Extends the repeal date of a Section concerning the verification of liability insurance policies to December 31, 2016 (rather than December 31, 2015).

POLICE AND COMMUNITY RELATIONS IMPROVEMENT ACT
New Act
5 ILCS 140/7.5
20 ILCS 2605/2605-390
was 20 ILCS 2605/55a in part
20 ILCS 2610/35 new
20 ILCS 2630/5.1 rep.
20 ILCS 2715/10
20 ILCS 2715/40
35 ILCS 105/9
from Ch. 120, par. 439.9
35 ILCS 110/9
from Ch. 120, par. 439.39
35 ILCS 115/9
from Ch. 120, par. 439.109
35 ILCS 120/3
from Ch. 120, par. 442
50 ILCS 705/6
from Ch. 85, par. 506
50 ILCS 705/6.2 new
50 ILCS 705/7
from Ch. 85, par. 507
50 ILCS 707/5
50 ILCS 707/10
50 ILCS 707/15 new
50 ILCS 707/20 new
50 ILCS 707/25 new
50 ILCS 725/8 new
55 ILCS 5/3-9008
from Ch. 34, par. 3-9008
625 ILCS 5/11-212
720 ILCS 5/7-5.5 new
720 ILCS 5/14-2
from Ch. 38, par. 14-2
725 ILCS 5/107-14
from Ch. 38, par. 107-14
730 ILCS 5/5-4-3a
730 ILCS 5/5-4-3b new
730 ILCS 5/5-9-1
from Ch. 38, par. 1005-9-1

Creates the Police and Community Relations Improvement Act. Provides that each law enforcement agency shall have a written policy regarding the investigation of officer-involved deaths that involve a law enforcement officer employed by that law enforcement agency. Provides that each officer-involved death investigation shall be conducted by at least 2 investigators, or an entity or agency comprised of at least 2 investigators, one of whom is the lead investigator. Provides that the lead investigator shall be certified or trained as a Lead Homicide Investigator. Provides that no investigator involved in the investigation may be employed by the law enforcement agency that employs the officer involved in the officer-involved death, unless the investigator is employed by the Department of State Police and is not assigned to the same division or unit as the officer-involved in the death. Provides that if the officer-involved death being investigated involves a motor vehicle accident, at least one investigator shall be certified or trained as a Crash Reconstruction Specialist. Provides that notwithstanding these requirements, the policy for a law enforcement agency, when the officer-involved death being investigated involves a motor vehicle collision, may allow the use of an investigator who is employed by that law enforcement agency and who is certified by the Illinois Law Enforcement Training Standards Board as a Crash Reconstruction Specialist. Provides for a complete report to the State's Attorney of the county in which the officer-involved death occurred. Provides that if the State's Attorney, or a designated special prosecutor, determines there is no basis to prosecute the law enforcement officer involved in the officer-involved death, or if the law enforcement officer is not otherwise charged or indicted, the investigators shall publicly release a report. Provides that compensation for investigation of an officer-involved death may be determined in an intergovernmental or interagency agreement. Provides that the Act does not prohibit any law enforcement agency from conducting an internal investigation into the officer-involved death if it does not interfere with the investigation conducted under the Act. Creates the Uniform Crime Reporting Act. Provides that the Department of State Police shall be a central repository and custodian of crime statistics for the State and shall have all the power incident thereto to carry out the purposes of the Act, including the power to demand and receive cooperation in the submission of crime statistics from all law enforcement agencies. Provides that all data and information provided to the Department under the Act must be provided in a manner and form prescribed by the Department. Provides that on annual basis, the Department shall make available compilations of crime statistics required to be reported by each law enforcement agency. Provides that each month, each law enforcement agency shall submit specified information to the Department of State Police on arrest-related deaths, police discharge of firearms, crime incidents, and offenses in schools. Provides that beginning January 1, 2016, each law enforcement agency shall submit to the Department incident-based information on any criminal homicide. The data shall be provided monthly by law enforcement agencies containing information describing the victim of the homicide, the offender, the relationship between the victim and offender, any weapons used, and the circumstances of the incident. Requires the Department of State Police to annually report to the Illinois Law Enforcement Training and Standards Board law enforcement agencies that are not in compliance with the reporting requirements. The Board may consider the noncompliance in making grants under the Law Enforcement Camera Grant Act. Amends the Illinois Police Training Act. Requires all law enforcement agencies to notify the Board of any final determination of willful violation by an officer of department or agency policy, official misconduct, or law, and maintenance by the Board of a database containing this information. Provides that minimum in-service training requirements, which a permanent police officer must satisfactorily complete every 3 years, shall include constitutional and proper use of law enforcement authority, procedural justice, civil rights, human rights, and cultural competency, and complete annually updates and use of force training which shall include scenario based training. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that, beginning on July 1, 2015, from the proceeds received under the Acts, each month the Department of Revenue shall deposit $500,000 into the State Crime Laboratory Fund. Amends the Unified Code of Corrections. Provides that the Department of State Police shall report certain backlog information to the Governor and both houses of the General Assembly on a monthly basis (currently, the report is annual). Amends the Counties Code. Provides procedures for appointment of a special prosecutor for a State's Attorney who is sick, absent, unable to fulfill his or her duties, or with a conflict of interest. Amends the Illinois Vehicle Code. Requires law enforcement officers who detain a pedestrian to complete a uniform stop card with information concerning the stop. Amends the Criminal Code of 2012. Provides that a peace officer shall not use a chokehold in the performance of his or her duties, unless deadly force is justified under the Justifiable Use of Force; Exoneration Article of the Code. Provides that a peace officer shall not use a chokehold, or any lesser contact with the throat or neck area of another in order to prevent the destruction of evidence by ingestion. Defines "chokehold". Creates the Law Enforcement Officer-Worn Body Camera and Management Act. Provides for the Illinois Law Enforcement Training Standards Board to create model guidelines, to be adopted as rules by law enforcement agencies using officer-worn body cameras. Provides specific requirements for recording retention, data collection and reporting. Provides legislative findings. Defines terms. Amends the Law Enforcement Camera Grant Act. Provides that grants may be made from the Law Enforcement Camera Grant Fund for both officer-worn body cameras and in-car video cameras (currently, only in-car video cameras). Provides anti-sweep protection to the Law Enforcement Camera Grant Fund. Provides specific requirements for recording retention, data collection and reporting. as conditions of receiving grants under the Act. Removes a provision requiring applications for grant money to be made prior to January 1, 2011. Amends the Criminal Code of 2012. Provides an exemption from the crime of eavesdropping for the use of officer-worn body cameras and in-car video cameras where there is no reasonable expectation of privacy. Amends the Code of Criminal Procedure of 1963. Provides that upon completion of any stop involving a frisk or search, and unless impractical, impossible, or under exigent circumstances, the officer shall provide the person with a stop receipt which provides the reason for the stop and contains the officer's name and badge number. This provision does not apply to searches or inspections for compliance with the Fish and Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, or searches or inspections for routine security screenings at facilities or events. Amends the Unified Code of Corrections. Provides that beginning January 1, 2016, the Department of State Police shall quarterly report on the status of the processing of forensic biology and DNA evidence submitted to the Department of State Police Laboratory for analysis. The report shall be submitted to the Governor and the General Assembly, and shall be posted on the Department of State Police website. Provides that the Department of State Police shall obtain, implement, and maintain an Electronic Laboratory Information Management System (LIMS), to efficiently and effectively track all evidence submitted for forensic testing. Increases the additional fine assessed on convicted defendants in criminal and traffic cases to $15 (from $10), increases the portion of that additional fine going to the Law Enforcement Camera Grant Fund to $3 (from $1). Amends the Freedom of Information Act to make conforming changes. Amends various other Acts to make conforming changes. Makes the Section creating the Commission on Police Professionalism effective upon becoming law.

House Floor Amendment No. 2
For purposes of the disclosure of an officer-worn body camera recording under the Freedom of Information Act of a subject of the police encounter, provides that the subject of the encounter does not have a reasonable expectation of privacy if the subject was arrested as a result of the encounter. Also provides that in this disclosure provision, that the term "witness" does not include a person who is a victim or who was arrested as a result of the encounter. Provides an immediate effective date for provisions amending the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Makes technical changes and corrections.

ARREST RECORDS-MISTAKEN ID
Public Act 099-0363 Effective Date January 1, 2016

5 ILCS 160/4a
5 ILCS 160/17
from Ch. 116, par. 43.20
50 ILCS 205/3b
50 ILCS 205/4
from Ch. 116, par. 43.104

Amends the State Records Act and the Local Records Act. Provides that upon request from a chief of police, county sheriff, or State's Attorney, if a person has been arrested for a criminal offense and an investigation reveals that the person arrested was not in fact the individual the arresting officer believed him or her to be, the law enforcement agency whose officers made the arrest shall delete or retract the arrest records of that person whom the investigation revealed as not the individual the arresting office believed him or her to be. Defines "arrest records" and "law enforcement agency".

CERTIFICATES OF GOOD CONDUCT
Public Act 99-0381 Effective Date: 1/1/2016

Statutes Amended In Order of Appearance

730 ILCS 5/5-5.5-5
730 ILCS 5/5-5.5-30

Amends the Unified Code of Corrections concerning certificates of good conduct. Provides that "eligible offender" does not include a person who has been convicted of arson, aggravated arson, kidnapping, aggravated kidnaping, aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, or aggravated domestic battery. Eliminates the exclusion from "eligible offender" of a person who has been convicted of committing or attempting to commit a Class X felony or a forcible felony. Eliminates the exclusion from "eligible offender" of a person convicted of attempting to commit any of the specified offenses. Provides that if the most serious crime of which the individual was convicted is a felony (currently, a Class 1, 2, 3, or 4 felony), the minimum period of good conduct shall be 2 years.

DRUG COURT PROGRAM-ELIGIBILITY
PUBLIC ACT 99-0385 EFFECTIVE DATE JANUARY 1, 2016

20 ILCS 2630/5.2

Amends the Criminal Identification Act. Provides that arrests or charges not initiated by arrest resulting in orders of supervision, including orders of supervision for municipal ordinance violations, successfully completed by the petitioner, except certain excluded offenses, may be sealed 2 years (rather than 3 years if the petitioner has never been convicted of a criminal offense or 4 years if the petitioner had been convicted of a criminal offense) after the termination of petitioner's last sentence. Provides that convictions for non-excluded non-felony offenses and certain Class 4 felony and first offender probation dispositions may be sealed 3 (rather than 4) years after the termination of the petitioner's last sentence.

LOW-SPEED VEHICLES - EQUIPMENT REQUIREMENTS
Public Act 099-0401 Effective Date January 1, 2016

625 ILCS 5/11-1426.2

Amends the Illinois Vehicle Code. Requires low-speed vehicles to meet certain minimum equipment requirements for street operation. Provides that owners of low-speed vehicles that may be operated upon a highway shall secure a certificate of title and display valid registration.

CRIMINAL JUSTICE - VICITMS RIGHTS
Public Act . . . . . . . . . 99-0413 Effective Date: 8/20/2015

720 ILCS 5/21-1.2
from Ch. 38, par. 21-1.2

Replaces everything after the enacting clause. Amends the Rights of Crime Victims and Witnesses Act. Implements the crime victim Constitutional Amendment adopted in the last general election. Changes the definition of "crime victim" to: (1) a natural person determined by the prosecutor or the court to have suffered direct physical or psychological harm as the result of a criminal act, or personal injury as a result of a violation of a DUI violation or of a similar provision of a local ordinance, or of involuntary manslaughter or reckless homicide; (2) in the case of a crime victim who is under 18 years of age or an adult victim who is incompetent or incapacitated, both parents, legal guardians, foster parents, or a single adult representative; (3) in the case of an adult deceased victim, 2 representatives who may be the spouse, parent, child or sibling of the victim, or the representative of the victim's estate; and (4) an immediate family member of an injured victim chosen by the victim. Adds definitions of "sentence", "sentencing", "advocate", "confer" and "victim's attorney". Eliminates definition of "sentencing hearing". Reorganizes and modifies listing of rights of crime victims. Establishes additional procedures for enforcing the victim's rights. Provides that the Act does not grant any person a cause of action in equity or law for compensation for damages or attorney's fees. Provides that the Act does not create a ground for relief requested by the defendant in a criminal case. Deletes a provision that failure of the crime victim to receive notice as required shall not deprive the court of the power to act regarding the proceeding before it, nor shall any such failure grant the defendant the right to seek a continuance. Amends the Unified Code of Corrections. Provides that presentence reports shall be open for inspection to the victim of a crime as set forth in the Rights of Crime Victims and Witnesses Act.

Senate Committee Amendment No. 1
Provides when a defendant is seeking to subpoena records of or concerning the victim that are confidential or privileged, the court must find by a preponderance of the evidence (rather than clear and convincing evidence) that the records are not protected by an absolute privilege and the records contain relevant, admissible, and material evidence not otherwise available through other witnesses or evidence.

VEHICLE TITLES - NATIONAL INFORMATION SYSTEMS (NMVTIS)
Public Act 099-0414 Effective Date August 20, 2015

Rep. Rita Mayfield
(Sen. Bill Cunningham)
625 ILCS 5/3-104 from Ch. 95 1/2, par. 3-104
625 ILCS 5/3-104.5 new
625 ILCS 5/3-118 from Ch. 95 1/2, par. 3-118
625 ILCS 5/3-824 from Ch. 95 1/2, par. 3-824

Amends the Illinois Vehicle Code. Requires that applications for certificate of title for a motor vehicle shall be verified by the National Motor Vehicle Title Information System (NMVTIS) for a vehicle history report prior to the Secretary of State issuing a certificate of title. Provides that applications for a certificate of title or a salvage certificate that are verified by the NMVTIS and are returned with a warning or error shall be reviewed by the Secretary as to whether the warning or error warrants a change to the type of title or brand that is issued to a motor vehicle. Provides for the type of title or brand that is to be issued to a motor vehicle if the application is returned with an NMVTIS warning or error. Allows applicants to contest the Secretary's title or certificate designation by request of an administrative hearing. Requires that applications for a salvage certificate for a motor vehicle shall be verified by the NMVTIS for a vehicle history report prior to the Secretary issuing a salvage certificate. Provides that refunds may be granted for any title-related transaction if a title application has not been processed by the Secretary. Provides that an applicant for a certificate of title or a salvage certificate shall have 6 months to apply for a refund of cost, or the difference of the certificate of title or salvage certificate if an application is verified by the NMVTIS, and a warning or error is received reporting the vehicle as requiring either a salvage certificate or a junk certificate. Effective immediately.

House Floor Amendment No. 1
Adds reference to:
P.A. 98-176, Sec. 99
Amends the Illinois Vehicle Code. Retains provisions of the bill with changes to a Section concerning application for certificates of title or salvage certificates for a motor vehicle and verification by the National Motor Vehicle Title Information System (NMVTIS). Provides that if the Secretary of State needs supplemental information to verify or corroborate the information received from a NMVTIS report, then the Secretary may use any available commercial title history services or other Secretary of State resources to assist in determining the vehicle's proper designation. Provides that any motor vehicle application for a certificate of title or a salvage certificate that another state has previously issued a title or brand indicating that the status of the motor vehicle is equivalent to a junk vehicle shall receive a title with a "prior out of state junk" brand if that history item was issued 120 months or more before the date of the submission of the current application for title. Provides that any motor vehicle application for a certificate of title or a salvage certificate that is returned with a NMVTIS warning or error indicating that another state has previously issued a title or brand indicating the status of the motor vehicle is equivalent to a junk vehicle shall be issued a junk certificate that reflects the motor vehicle's structural history, if the previously issued title or brand from another state was issued less than 120 months before the date of the submission of the current application for title. Amends Public Act 98-176, as amended by Public Act 98-722, to change the effective date of Public Act 98-176 to July 1, 2015 (rather than July 8, 2015).

DRUG ANALYSIS FIELD TEST
Public Act 099-0425 Effective Date August 21, 2015

New Act

Creates the Cook County Drug Analysis Field Test Pilot Program Act. Creates the Cook County Drug Analysis Field Test Pilot Program. Provides that within 30 days after the effective date of the Act, the Superintendent of Police for the City of Chicago shall create a pilot program that allows officers to use drug analysis field test devices for use in the Circuit Court of Cook County to determine whether a recovered substance is illegal cannabis, cocaine, or heroin. Provides that the Superintendent shall provide field test training and inventory procedures consistent with this purpose. Provides that the Superintendent of Police for the City of Chicago shall notify the Director of the Cook County Department of Corrections each time a defendant is entered into custody subject to a drug analysis field test. Provides that the Superintendent, Cook County State's Attorney, and Director of the Cook County Department of Corrections shall tally the number of days each defendant remains in custody as part of the Pilot Program from arrest until preliminary examination and report this information to the Pilot Program Study Committee. Provides that the Pilot Program shall operate one year from the later of September 1, 2015 or 30 days after the effective date of the Act. Provides that the Act is repealed on January 1, 2017.

Senate Floor Amendment No. 1

Provides that the Mayor of the City of Chicago or his or her designee shall appoint one member to the Pilot Program Study Committee.

TOWING SERVICES - COMMERCIAL MOTOR VEHICLE TOWS
Public Act 099-0438 Effective Date January 1, 2016

625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203
625 ILCS 5/4-203.5 new
625 ILCS 5/6-118
625 ILCS 5/11-1431
625 ILCS 5/18a-300 from Ch. 95 1/2, par. 18a-300
625 ILCS 5/18d-153

Amends the Illinois Vehicle Code. Provides that no towing service shall engage in the removal of commercial motor vehicles requiring a commercial driver's license by operating the vehicle under its own power, unless authorized by a law enforcement officer. Allows a law enforcement officer issuing a citation to a driver for operating an uninsured motor vehicle to authorize the removal and impoundment of the vehicle by a towing service if the driver has a prior conviction for driving without insurance in the past 12 months, unless the vehicle is exempt from the insurance requirements of the Code. Provides that law enforcement agencies patrolling highways in this State shall establish tow rotation lists of towing services, and requires officers of those agencies to utilize the tow rotation lists to select a towing service for officer initiated tows. Provides criteria for inclusion on a tow rotation list, including licensing, insurance requirements, and submission of fingerprints for the purpose of a criminal history check. Provides that a tower that stops for the purpose of soliciting a towing service transaction or without being summoned by a law enforcement officer shall be subject to a fine, shall have his or her driver's license suspended for 3 months, and shall not be reinstated until the payment of a reinstatement fee. If a person's license is already suspended at the time of the violation, his or her driver's license shall be suspended for 6 months, and shall not be reinstated until the payment of a reinstatement fee. Provides that towers that misrepresent their affiliation with a law enforcement agency's tow rotation list shall be subject to license suspension and a fine up to $1000.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Reinserts the provisions of the introduced bill with changes. Provides that nothing contained in the Section concerning tow rotation lists shall apply to a law enforcement agency having jurisdiction solely over a municipality with a population over 1,000,000.

House Committee Amendment No. 1 Provides that vehicles requiring a commercial driver's license to operate shall be disconnected from the tow truck and the owner or operator shall be allowed to remove the vehicle without interference upon the payment of a reasonable service fee of not more than one-half of the posted rate of the towing service per tow vehicle on the scene and up to a maximum of 2 tow vehicles. Deletes language stating that a tractor and trailer together shall be considered 2 vehicles.

LIQUOR-MEDICAL ASSIST-IMMUNITY
Public Act 99-0447 Effective Date: 6/1/2016

235 ILCS 5/6-20
from Ch. 43, par. 134a
Synopsis As Introduced

Amends the Liquor Control Act of 1934. Provides that a person is immune from criminal liability for certain violations of the Act, and a law enforcement officer may not charge or otherwise take a person into custody for those violations, if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that: (1) the law enforcement officer has contact with that person because the person requested medical assistance for an individual who reasonably appeared to be in need of medical assistance due to alcohol consumption; (2) the person provided his or her full name and any other relevant information to the law enforcement officer; (3) the person remained at the scene with the individual needing medical assistance until emergency medical assistance personnel arrived; and (4) the person cooperated with emergency medical assistance personnel and law enforcement officers at the scene. Prohibits a person from initiating or maintaining an action against a law enforcement officer based on the law enforcement officer's compliance or failure to comply with the provisions relating to immunity from criminal liability.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following change: provides that a person may not initiate (instead of may not initiate or maintain) an action against a law enforcement officer for failing to comply with the provisions relating to immunity from criminal liability, except for willful or wanton misconduct.

DUI - WARNING TO MOTORISTS - MDDP AND RDP HARD TIME DELETION
Public Act 099-0467 Effective Date January 1, 2016

625 ILCS 5/6-106.1a
625 ILCS 5/6-206.1 from Ch. 95 1/2, par. 6-206.1
625 ILCS 5/6-208.1 from Ch. 95 1/2, par. 6-208.1
625 ILCS 5/6-517 from Ch. 95 1/2, par. 6-517
625 ILCS 5/11-501.1
625 ILCS 5/11-501.6 from Ch. 95 1/2, par. 11-501.6
625 ILCS 5/11-501.8

Amends the Illinois Vehicle Code. Reinserts the provisions of the engrossed bill with changes. Provides that a person requested to submit to a chemical test or tests of blood, breath, or urine for the purpose of determining the alcohol content or drug content of the person's blood, shall also acknowledge, in writing, receipt of the warning that a refusal to submit to the test, or submission to the test resulting in an alcohol concentration or drug content in violation of the Code, may result in the loss of that person's driving privileges. Provides that if the person refuses to acknowledge receipt of the warning, the law enforcement officer shall make a written notation on the warning that the person refused to sign the warning. Provides that a person's refusal to sign the warning shall not be evidence that the person was not read the warning. Deletes driving while driver's license, permit, or privilege to operate a vehicle is suspended or revoked from the restricted driving permit with required interlock provision. Deletes one year waiting period for the Secretary of State to issue a restricted driving permit to any person whose current revocation is the result of a second or subsequent conviction for a violation of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, or a similar provision of a local ordinance or any similar out-of-state offense, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, where the use of alcohol or other drugs is recited as an element of the offense. Allows a monitoring device driving permit (MDDP) to become effective prior to the 31st day of the original statutory summary suspension. Allows the Secretary to issue a restricted driving permit following a statutory summary suspension of driving privileges for violation of implied consent provisions when the person was not a first offender. Makes conforming changes.

LICENSE REINSTATEMENT - HARD TIME ELIMINATION
Public Act 099-0483 Effective Date October 23, 2015; - Some portions
effective date October 23, 2015; some portions effective
January 1, 2016; some portions effective July 1, 2016.

P.A. 99-333, Sec. 99 new
625 ILCS 5/6-205
625 ILCS 5/6-206

Provides that if and only if Senate Bill 627 of the 99th General Assembly becomes law as passed by both houses, then the Illinois Vehicle Code is amended to limit eligibility for the employment exemption for operating a motor vehicle without a required interlock ignition device by a person convicted of a second or subsequent driving under the influence offense, within a 5-year period, until one year has elapsed during which the person had his or her driving privileges revoked or had a restricted driving permit which required use of the device. Amends Public Act 99-333 to make the Public Act effective on December 30, 2015 instead of the uniform effective date of January 1, 2016.Effective immediately, except that Sections 1, 5, and 10 take effect on July 1, 2016, and Section20 takes effect on January 1, 2016.

CRIMINAL PROCEDURE - FOREIGN NATIONALS AND CONSULATE NOTICES
Public Act 099-0190 Effective Date January 1, 2016

725 ILCS 5/103-1 from Ch. 38, par. 103-1
725 ILCS 5/109-1 from Ch. 38, par. 109-1

Amends the Code of Criminal Procedure of 1963. Provides that when foreign nationals are arrested or detained, they must be advised of their right to have their consular officials notified, and if an individual chooses to exercise that right, a law enforcement official is required to notify the consulate. Provides that at the initial appearance of a defendant in any criminal proceeding, the court must advise the defendant in open court that any foreign national who is arrested or detained has the right to have notice of the arrest or detention given to his or her country's consular representatives and the right to communicate with those consular representatives if the notice has not already been provided. Provides that the court must make a written record of so advising the defendant. Provides that if consular notification is not provided to a defendant before his or her first appearance in court, the court shall grant any reasonable request for a continuance of the proceedings to allow contact with the defendant's consulate. Provides that if consular notice is not provided before conviction and sentencing, the Appellate Court shall remand the case to the trial court if the defendant can show that he or she suffered prejudice as a result of the lack of consular notice. Provides that any delay caused by the granting of the request by a defendant shall temporarily suspend for the time of the delay the period within which a person shall be tried as prescribed by the speedy trial provisions and on the day of the expiration of delay the period shall continue at the point at which it was suspended. States that the provisions do not create any new substantive State right or remedy.

House Committee Amendment No. 1
Deletes provision that if consular notice is not provided before conviction and sentencing, the Appellate Court shall remand the case to the trial court if the defendant can show that he or she suffered prejudice as a result of the lack of consular notice.

Senate Committee Amendment No. 1
Provides that the new provision does not create any affirmative duty to investigate whether an arrestee or detainee is a foreign national.

DRUGS - AMENDS DEFINITION OF ANALOGS AND ADDS SYNTHETICS
Public Act 099-0371 Effective Date January 1, 2016

720 ILCS 570/402 from Ch. 56 1/2, par. 1402

Amends the Illinois Controlled Substances Act. Adds various synthetic drug compounds including various structural classes of those compounds to the list of Schedule I controlled substances. Deletes from the definition of controlled substance analog the requirement that a substance must be intended for human consumption to be considered an analog of a controlled substance with a chemical structure substantially similar to that of a controlled substance in Schedule I or II, or that was specifically designed to produce an effect substantially similar to that of a controlled substance in Schedule I or II.

CRIM PRO - BAIL BOND COSTS LIMITATIONS
Public Act 099-0412 Effective Date January 1, 2016

725 ILCS 5/110-7 from Ch. 38, par. 110-7

Amends the Code of Criminal Procedure of 1963. Provides that in counties with a population of 3,000,000 or more, in no event shall the amount retained by the clerk of the court as bail bond costs exceed $100.