People v. McClure

Summary

The Illinois Supreme Court held that the one-year savings provision in section 13-217 of the Illinois Code of Civil Procedure applies to petitions seeking rescission of a statutory summary suspension under section 2-118.1(b) of the Illinois Vehicle Code. A driver who voluntarily withdraws a timely rescission petition may therefore refile it within one year, even after the original 90-day filing period. The court affirmed the appellate court and overruled People v. Rodriguez.

Holdings

1. Section 13-217 of the Illinois Code of Civil Procedure applies to a petition to rescind a statutory summary suspension because section 2-118.1(b) of the Vehicle Code requires such proceedings to proceed in the same manner as other civil proceedings. A motorist who timely files and voluntarily withdraws a rescission petition may refile it within the one-year savings period.
2. Hearings arising from statutory summary suspensions are civil proceedings subject to the rules of the Illinois Code of Civil Procedure, even though the suspension itself is an administrative function of the Secretary of State.
3. People v. Rodriguez was overruled because section 2-118.1(b) is not ambiguous merely because it contains both a ninety-day limitations period and a provision requiring proceedings to follow civil procedures.
4. Laches did not bar McClure's petition because the record did not establish either a lack of due diligence or prejudice to the State.

Questions Presented

1. Whether section 13-217 of the Illinois Code of Civil Procedure tolls or extends the ninety-day filing period in section 2-118.1(b) of the Illinois Vehicle Code when a motorist voluntarily withdraws a petition to rescind a statutory summary suspension.
2. Whether statutory summary-suspension hearings are civil proceedings subject to the Illinois Code of Civil Procedure.
3. Whether the doctrine of laches barred McClure's second rescission petition.

Disposition

affirmed