93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6905

 

Introduced 02/09/04, by Paul D. Froehlich - John J. Millner

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-113   from Ch. 95 1/2, par. 6-113
625 ILCS 5/6-118   from Ch. 95 1/2, par. 6-118
625 ILCS 5/6-203.1   from Ch. 95 1/2, par. 6-203.1
625 ILCS 5/6-206   from Ch. 95 1/2, par. 6-206
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 5/6-303   from Ch. 95 1/2, par. 6-303
625 ILCS 5/11-500   from Ch. 95 1/2, par. 11-500
625 ILCS 5/11-501   from Ch. 95 1/2, par. 11-501
625 ILCS 5/11-501.9 new
730 ILCS 5/5-6-1   from Ch. 38, par. 1005-6-1

    Amends the Illinois Vehicle Code. Authorizes and establishes procedures for the statutory summary suspension of driver's licenses of persons who are stopped for DUI and who refuse to submit to preliminary breath or field sobriety tests. Provides that any person in control of a motor vehicle in this State shall be deemed to have given consent to performing field sobriety tests and to providing a breath sample for testing. Provides that the results of a preliminary breath screening or field sobriety test may be used by the defendant in any DUI administrative or court proceeding and may be used by the State in rebuttal to an assertion that the test did not accurately reflect a person's alcohol concentration. Permits temporary impounding of vehicles in certain cases. Provides that after a statutory summary suspension has been imposed on a person who previously has never been convicted of or received a disposition of supervision for a DUI offense, the court may immediately grant the person a judicial driving permit, if the person also submitted to field sobriety tests before failing the test of breath or blood alcohol. Provides for a hearing and procedures for a person who has had his or her license suspended for a failure to submit to a breath screening or field sobriety test. Authorizes the Secretary of State to issue a restricted driving permit to a person who has had his or her license suspended for specified reasons if the person consents to a breath-alcohol ignition interlock device installed in his or her car. Amends the Unified Code of Corrections. Prohibits the court from assigning supervision to a defendant charged with driving a motor vehicle on a revoked or suspended license when the suspension or revocation was for violating the field sobriety test provision of the Vehicle Code if the defendant was convicted or assigned supervision within the last 10 years for driving on a revoked or suspended license. Makes other changes. Effective January 1, 2005.


LRB093 17901 DRH 43584 b

 

 

A BILL FOR

 

HB6905 LRB093 17901 DRH 43584 b

1     AN ACT concerning driving violations.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Sections 6-113, 6-118, 6-203.1, 6-206, 6-206.1, 6-208.1,
6 6-303, 11-500, 11-501 and adding Section 11-501.9 as follows:
 
7     (625 ILCS 5/6-113)  (from Ch. 95 1/2, par. 6-113)
8     Sec. 6-113. Restricted licenses and permits.
9     (a) The Secretary of State upon issuing a drivers license
10 or permit shall have the authority whenever good cause appears
11 to impose restrictions suitable to the licensee's driving
12 ability with respect to the type of, or special mechanical
13 control devices required on, a motor vehicle which the licensee
14 may operate or such other restrictions applicable to the
15 licensee as the Secretary of State may determine to be
16 appropriate to assure the safe operation of a motor vehicle by
17 the licensee.
18     (b) The Secretary of State may either issue a special
19 restricted license or permit or may set forth such restrictions
20 upon the usual license or permit form.
21     (c) The Secretary of State may issue a probationary license
22 to a person whose driving privileges have been suspended
23 pursuant to subsection (d) of this Section or subsections
24 (a)(2), (a)(19) and (a)(20) of Section 6-206 of this Code. The
25 Secretary of State shall promulgate rules pursuant to The
26 Illinois Administrative Procedure Act, setting forth the
27 conditions and criteria for the issuance and cancellation of
28 probationary licenses.
29     (d) The Secretary of State may upon receiving satisfactory
30 evidence of any violation of the restrictions of such license
31 or permit suspend, revoke or cancel the same without
32 preliminary hearing, but the licensee or permittee shall be

 

 

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1 entitled to a hearing as in the case of a suspension or
2 revocation.
3     (e) It is unlawful for any person to operate a motor
4 vehicle in any manner in violation of the restrictions imposed
5 on a restricted license or permit issued to him.
6     (f) Whenever the holder of a restricted driving permit is
7 issued a citation for any of the following offenses including
8 similar local ordinances, the restricted driving permit is
9 immediately invalidated:
10         1. Reckless homicide resulting from the operation of a
11     motor vehicle;
12         2. Violation of Section 11-501 of this Act relating to
13     the operation of a motor vehicle while under the influence
14     of intoxicating liquor or narcotic drugs;
15         3. Violation of Section 11-401 of this Act relating to
16     the offense of leaving the scene of a traffic accident
17     involving death or injury; or
18         4. Violation of Section 11-504 of this Act relating to
19     the offense of drag racing;
20     The police officer issuing the citation shall confiscate
21 the restricted driving permit and forward it, along with the
22 citation, to the Clerk of the Circuit Court of the county in
23 which the citation was issued.
24     (g) The Secretary of State may issue a special restricted
25 license for a period of 12 months to individuals using vision
26 aid arrangements other than standard eyeglasses or contact
27 lenses, allowing the operation of a motor vehicle during
28 nighttime hours. The Secretary of State shall adopt rules
29 defining the terms and conditions by which the individual may
30 obtain and renew this special restricted license. At a minimum,
31 all drivers must meet the following requirements:
32         1. Possess a valid driver's license and have operated a
33     motor vehicle during daylight hours for a period of 12
34     months using vision aid arrangements other than standard
35     eyeglasses or contact lenses.
36         2. Have a driving record that does not include any

 

 

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1     traffic accidents that occurred during nighttime hours,
2     for which the driver has been found to be at fault, during
3     the 12 months before he or she applied for the special
4     restricted license.
5         3. Successfully complete a road test administered
6     during nighttime hours.
7     At a minimum, all drivers renewing this license must meet
8 the following requirements:
9         1. Successfully complete a road test administered
10     during nighttime hours.
11         2. Have a driving record that does not include any
12     traffic accidents that occurred during nighttime hours,
13     for which the driver has been found to be at fault, during
14     the 12 months before he or she applied for the special
15     restricted license.
16     (h) Any driver issued a special restricted license as
17 defined in subsection (g) whose privilege to drive during
18 nighttime hours has been suspended due to an accident occurring
19 during nighttime hours may request a hearing as provided in
20 Section 2-118 of this Code to contest that suspension. If it is
21 determined that the accident for which the driver was at fault
22 was not influenced by the driver's use of vision aid
23 arrangements other than standard eyeglasses or contact lenses,
24 the Secretary may reinstate that driver's privilege to drive
25 during nighttime hours.
26     (i) Notwithstanding the provisions of Sections 6-208,
27 6-208.1, and 6-208.2, the Secretary of State may, 30 days after
28 the effective date of a suspension pursuant to Section 6-208,
29 6-208.1, or 6-208.2 and in accordance with any rules the
30 Secretary may promulgate, issue a restricted driving permit to
31 a person who has applied for a restricted driver's permit and
32 who has consented to have, at his or her expense, an ignition
33 interlock device installed in his or her vehicle.
34 (Source: P.A. 92-274, eff. 1-1-02.)
 
35     (625 ILCS 5/6-118)  (from Ch. 95 1/2, par. 6-118)

 

 

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1     Sec. 6-118. Fees.
2     (a) The fee for licenses and permits under this Article is
3 as follows:
4     Original driver's license.................................$10
5     Original or renewal driver's license
6         issued to 18, 19 and 20 year olds.......................5
7     All driver's licenses for persons
8         age 69 through age 80...................................5
9     All driver's licenses for persons
10         age 81 through age 86...................................2
11     All driver's licenses for persons
12         age 87 or older.........................................0
13     Renewal driver's license (except for
14         applicants ages 18, 19 and 20 or
15         age 69 and older)......................................10
16     Original instruction permit issued to
17         persons (except those age 69 and older)
18         who do not hold or have not previously
19         held an Illinois instruction permit or
20         driver's license.......................................20
21     Instruction permit issued to any person
22         holding an Illinois driver's license
23         who wishes a change in classifications,
24         other than at the time of renewal.......................5
25     Any instruction permit issued to a person
26         age 69 and older........................................5
27     Instruction permit issued to any person,
28         under age 69, not currently holding a
29         valid Illinois driver's license or
30         instruction permit but who has
31         previously been issued either document
32         in Illinois............................................10
33     Restricted driving permit...................................8
34     Duplicate or corrected driver's license
35         or permit...............................................5
36     Duplicate or corrected restricted

 

 

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1         driving permit..........................................5
2     Original or renewal M or L endorsement......................5
3 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
4         The fees for commercial driver licenses and permits
5     under Article V shall be as follows:
6     Commercial driver's license:
7         $6 for the CDLIS/AAMVAnet Fund
8         (Commercial Driver's License Information
9         System/American Association of Motor Vehicle
10         Administrators network Trust Fund);
11         $20 for the Motor Carrier Safety Inspection Fund;
12         $10 for the driver's license;
13         and $24 for the CDL:..................................$60
14     Renewal commercial driver's license:
15         $6 for the CDLIS/AAMVAnet Trust Fund;
16         $20 for the Motor Carrier Safety Inspection Fund;
17         $10 for the driver's license; and
18         $24 for the CDL:......................................$60
19     Commercial driver instruction permit
20         issued to any person holding a valid
21         Illinois driver's license for the
22         purpose of changing to a
23         CDL classification: $6 for the
24         CDLIS/AAMVAnet Trust Fund;
25         $20 for the Motor Carrier
26         Safety Inspection Fund; and
27         $24 for the CDL classification........................$50
28     Commercial driver instruction permit
29         issued to any person holding a valid
30         Illinois CDL for the purpose of
31         making a change in a classification,
32         endorsement or restriction.............................$5
33     CDL duplicate or corrected license.........................$5
34     In order to ensure the proper implementation of the Uniform
35 Commercial Driver License Act, Article V of this Chapter, the
36 Secretary of State is empowered to pro-rate the $24 fee for the

 

 

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1 commercial driver's license proportionate to the expiration
2 date of the applicant's Illinois driver's license.
3     The fee for any duplicate license or permit shall be waived
4 for any person age 60 or older who presents the Secretary of
5 State's office with a police report showing that his license or
6 permit was stolen.
7     No additional fee shall be charged for a driver's license,
8 or for a commercial driver's license, when issued to the holder
9 of an instruction permit for the same classification or type of
10 license who becomes eligible for such license.
11     (b) Any person whose license or privilege to operate a
12 motor vehicle in this State has been suspended or revoked under
13 any provision of Chapter 6, Chapter 11, or Section 7-205,
14 7-303, or 7-702 of the Family Financial Responsibility Law of
15 this Code, shall in addition to any other fees required by this
16 Code, pay a reinstatement fee as follows:
17     Summary suspension under Section 11-501.1.....$250     Other
18 suspension................................................$70
19     Revocation...............................................$500
20     However, any person whose license or privilege to operate a
21 motor vehicle in this State has been suspended or revoked for a
22 second or subsequent time for a violation of Section 11-501 or
23 11-501.1 of this Code or a similar provision of a local
24 ordinance, a violation of or a similar out-of-state offense or
25 Section 9-3 of the Criminal Code of 1961, or a failure to
26 submit to a chemical test or tests of blood, breath, or urine
27 pursuant to Section 11-501.1 or to a preliminary breath
28 screening test or a field sobriety test or tests pursuant to
29 Section 11-501.9 of this Code and each suspension or revocation
30 was for a violation of Section 11-501 or 11-501.1 of this Code
31 or a similar provision of a local ordinance, a violation of or
32 a similar out-of-state offense or Section 9-3 of the Criminal
33 Code of 1961, a violation of any out-of-state offense similar
34 to any of the offenses listed in this subsection (b), or a
35 failure to submit to a chemical test or tests of blood, breath,
36 or urine pursuant to Section 11-501.1 or to a preliminary

 

 

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1 breath screening test or a field sobriety test or tests
2 pursuant to Section 11-501.9 of this Code or similar provisions
3 of an out-of-state jurisdiction shall pay, in addition to any
4 other fees required by this Code, a reinstatement fee as
5 follows:
6     Summary suspension under Section 11-501.1 or 11-501.9 ...$500
7     Revocation...............................................$500
8     (c) All fees collected under the provisions of this Chapter
9 6 shall be paid into the Road Fund in the State Treasury except
10 as follows:
11         1. The following amounts shall be paid into the Driver
12     Education Fund:
13             (A) $16 of the $20 fee for an original driver's
14         instruction permit;
15             (B) $5 of the $20 fee for an original driver's
16         license;
17             (C) $5 of the $20 fee for a 4 year renewal driver's
18         license; and
19             (D) $4 of the $8 fee for a restricted driving
20         permit.
21         2. $30 of the $250 fee for reinstatement of a license
22     summarily suspended under Section 11-501.1 or 11-501.9
23     shall be deposited into the Drunk and Drugged Driving
24     Prevention Fund. However, for a person whose license or
25     privilege to operate a motor vehicle in this State has been
26     suspended or revoked for a second or subsequent time for a
27     violation of Section 11-501 or 11-501.1 of this Code or a
28     similar provision of a local ordinance, a violation of or
29     Section 9-3 of the Criminal Code of 1961, a violation of
30     any out-of-state offense similar to any of the offenses
31     listed in this paragraph (2) of subsection (c), or a
32     failure to submit to a chemical test or tests of blood,
33     breath, or urine pursuant to Section 11-501.1 or to a
34     preliminary breath screening test or a field sobriety test
35     or tests pursuant to Section 11-501.9 of this Code or
36     similar provisions of an out-of-state jurisdiction, $190

 

 

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1     of the $500 fee for reinstatement of a license summarily
2     suspended under Section 11-501.1 or 11-501.9, and $190 of
3     the $500 fee for reinstatement of a revoked license shall
4     be deposited into the Drunk and Drugged Driving Prevention
5     Fund.
6         3. $6 of such original or renewal fee for a commercial
7     driver's license and $6 of the commercial driver
8     instruction permit fee when such permit is issued to any
9     person holding a valid Illinois driver's license, shall be
10     paid into the CDLIS/AAMVAnet Trust Fund.
11         4. $30 of the $70 fee for reinstatement of a license
12     suspended under the Family Financial Responsibility Law
13     shall be paid into the Family Responsibility Fund.
14         5. The $5 fee for each original or renewal M or L
15     endorsement shall be deposited into the Cycle Rider Safety
16     Training Fund.
17         6. $20 of any original or renewal fee for a commercial
18     driver's license or commercial driver instruction permit
19     shall be paid into the Motor Carrier Safety Inspection
20     Fund.
21         7. The following amounts shall be paid into the General
22     Revenue Fund:
23             (A) $190 of the $250 reinstatement fee for a
24         summary suspension under Section 11-501.1;
25             (B) $40 of the $70 reinstatement fee for any other
26         suspension provided in subsection (b) of this Section;
27         and
28             (C) $440 of the $500 reinstatement fee for a first
29         offense revocation and $310 of the $500 reinstatement
30         fee for a second or subsequent revocation.
31 (Source: P.A. 92-458, eff. 8-22-01; 93-32, eff. 1-1-04.)
 
32     (625 ILCS 5/6-203.1)  (from Ch. 95 1/2, par. 6-203.1)
33     Sec. 6-203.1. (a) The Secretary of State is authorized to
34 suspend the driving privileges of a person persons :
35         (1) arrested in another state for driving under the

 

 

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1     influence of alcohol, other drug or drugs, or intoxicating
2     compound or compounds, or any combination thereof, or a
3     similar provision, and who has refused to submit to a
4     chemical test or tests, or to a preliminary breath
5     screening test or a field sobriety test or tests under the
6     provisions of implied consent, or .
7         (2) requested to submit to a preliminary breath
8     screening test or a field sobriety test or tests in another
9     state under provisions of implied consent and who has
10     refused to submit to the test or tests.
11     (b) When a driving privilege has been suspended for a
12 refusal as provided in paragraph (a) and the person is
13 subsequently convicted of the underlying charge, for the same
14 incident, any period served on suspension shall be credited
15 toward the minimum period of revocation of driving privileges
16 imposed pursuant to Section 6-206.
17 (Source: P.A. 90-779, eff. 1-1-99.)
 
18     (625 ILCS 5/6-206)  (from Ch. 95 1/2, par. 6-206)
19     Sec. 6-206. Discretionary authority to suspend or revoke
20 license or permit; Right to a hearing.
21     (a) The Secretary of State is authorized to suspend or
22 revoke the driving privileges of any person without preliminary
23 hearing upon a showing of the person's records or other
24 sufficient evidence that the person:
25         1. Has committed an offense for which mandatory
26     revocation of a driver's license or permit is required upon
27     conviction;
28         2. Has been convicted of not less than 3 offenses
29     against traffic regulations governing the movement of
30     vehicles committed within any 12 month period. No
31     revocation or suspension shall be entered more than 6
32     months after the date of last conviction;
33         3. Has been repeatedly involved as a driver in motor
34     vehicle collisions or has been repeatedly convicted of
35     offenses against laws and ordinances regulating the

 

 

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1     movement of traffic, to a degree that indicates lack of
2     ability to exercise ordinary and reasonable care in the
3     safe operation of a motor vehicle or disrespect for the
4     traffic laws and the safety of other persons upon the
5     highway;
6         4. Has by the unlawful operation of a motor vehicle
7     caused or contributed to an accident resulting in death or
8     injury requiring immediate professional treatment in a
9     medical facility or doctor's office to any person, except
10     that any suspension or revocation imposed by the Secretary
11     of State under the provisions of this subsection shall
12     start no later than 6 months after being convicted of
13     violating a law or ordinance regulating the movement of
14     traffic, which violation is related to the accident, or
15     shall start not more than one year after the date of the
16     accident, whichever date occurs later;
17         5. Has permitted an unlawful or fraudulent use of a
18     driver's license, identification card, or permit;
19         6. Has been lawfully convicted of an offense or
20     offenses in another state, including the authorization
21     contained in Section 6-203.1, which if committed within
22     this State would be grounds for suspension or revocation;
23         7. Has refused or failed to submit to an examination
24     provided for by Section 6-207 or has failed to pass the
25     examination;
26         8. Is ineligible for a driver's license or permit under
27     the provisions of Section 6-103;
28         9. Has made a false statement or knowingly concealed a
29     material fact or has used false information or
30     identification in any application for a license,
31     identification card, or permit;
32         10. Has possessed, displayed, or attempted to
33     fraudulently use any license, identification card, or
34     permit not issued to the person;
35         11. Has operated a motor vehicle upon a highway of this
36     State when the person's driving privilege or privilege to

 

 

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1     obtain a driver's license or permit was revoked or
2     suspended unless the operation was authorized by a judicial
3     driving permit, probationary license to drive, or a
4     restricted driving permit issued under this Code;
5         12. Has submitted to any portion of the application
6     process for another person or has obtained the services of
7     another person to submit to any portion of the application
8     process for the purpose of obtaining a license,
9     identification card, or permit for some other person;
10         13. Has operated a motor vehicle upon a highway of this
11     State when the person's driver's license or permit was
12     invalid under the provisions of Sections 6-107.1 and 6-110;
13         14. Has committed a violation of Section 6-301,
14     6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
15     of the Illinois Identification Card Act;
16         15. Has been convicted of violating Section 21-2 of the
17     Criminal Code of 1961 relating to criminal trespass to
18     vehicles in which case, the suspension shall be for one
19     year;
20         16. Has been convicted of violating Section 11-204 of
21     this Code relating to fleeing from a peace officer;
22         17. Has refused to submit to a test, or tests, as
23     required under Section 11-501.1 or 11-501.9 of this Code
24     and the person has not sought a hearing as provided for in
25     Section 11-501.1;
26         18. Has, since issuance of a driver's license or
27     permit, been adjudged to be afflicted with or suffering
28     from any mental disability or disease;
29         19. Has committed a violation of paragraph (a) or (b)
30     of Section 6-101 relating to driving without a driver's
31     license;
32         20. Has been convicted of violating Section 6-104
33     relating to classification of driver's license;
34         21. Has been convicted of violating Section 11-402 of
35     this Code relating to leaving the scene of an accident
36     resulting in damage to a vehicle in excess of $1,000, in

 

 

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1     which case the suspension shall be for one year;
2         22. Has used a motor vehicle in violating paragraph
3     (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
4     the Criminal Code of 1961 relating to unlawful use of
5     weapons, in which case the suspension shall be for one
6     year;
7         23. Has, as a driver, been convicted of committing a
8     violation of paragraph (a) of Section 11-502 of this Code
9     for a second or subsequent time within one year of a
10     similar violation;
11         24. Has been convicted by a court-martial or punished
12     by non-judicial punishment by military authorities of the
13     United States at a military installation in Illinois of or
14     for a traffic related offense that is the same as or
15     similar to an offense specified under Section 6-205 or
16     6-206 of this Code;
17         25. Has permitted any form of identification to be used
18     by another in the application process in order to obtain or
19     attempt to obtain a license, identification card, or
20     permit;
21         26. Has altered or attempted to alter a license or has
22     possessed an altered license, identification card, or
23     permit;
24         27. Has violated Section 6-16 of the Liquor Control Act
25     of 1934;
26         28. Has been convicted of the illegal possession, while
27     operating or in actual physical control, as a driver, of a
28     motor vehicle, of any controlled substance prohibited
29     under the Illinois Controlled Substances Act or any
30     cannabis prohibited under the provisions of the Cannabis
31     Control Act, in which case the person's driving privileges
32     shall be suspended for one year, and any driver who is
33     convicted of a second or subsequent offense, within 5 years
34     of a previous conviction, for the illegal possession, while
35     operating or in actual physical control, as a driver, of a
36     motor vehicle, of any controlled substance prohibited

 

 

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1     under the provisions of the Illinois Controlled Substances
2     Act or any cannabis prohibited under the Cannabis Control
3     Act shall be suspended for 5 years. Any defendant found
4     guilty of this offense while operating a motor vehicle,
5     shall have an entry made in the court record by the
6     presiding judge that this offense did occur while the
7     defendant was operating a motor vehicle and order the clerk
8     of the court to report the violation to the Secretary of
9     State;
10         29. Has been convicted of the following offenses that
11     were committed while the person was operating or in actual
12     physical control, as a driver, of a motor vehicle: criminal
13     sexual assault, predatory criminal sexual assault of a
14     child, aggravated criminal sexual assault, criminal sexual
15     abuse, aggravated criminal sexual abuse, juvenile pimping,
16     soliciting for a juvenile prostitute and the manufacture,
17     sale or delivery of controlled substances or instruments
18     used for illegal drug use or abuse in which case the
19     driver's driving privileges shall be suspended for one
20     year;
21         30. Has been convicted a second or subsequent time for
22     any combination of the offenses named in paragraph 29 of
23     this subsection, in which case the person's driving
24     privileges shall be suspended for 5 years;
25         31. Has refused to submit to a test as required by
26     Section 11-501.6 or has submitted to a test resulting in an
27     alcohol concentration of 0.08 or more or any amount of a
28     drug, substance, or compound resulting from the unlawful
29     use or consumption of cannabis as listed in the Cannabis
30     Control Act, a controlled substance as listed in the
31     Illinois Controlled Substances Act, or an intoxicating
32     compound as listed in the Use of Intoxicating Compounds
33     Act, in which case the penalty shall be as prescribed in
34     Section 6-208.1;
35         32. Has been convicted of Section 24-1.2 of the
36     Criminal Code of 1961 relating to the aggravated discharge

 

 

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1     of a firearm if the offender was located in a motor vehicle
2     at the time the firearm was discharged, in which case the
3     suspension shall be for 3 years;
4         33. Has as a driver, who was less than 21 years of age
5     on the date of the offense, been convicted a first time of
6     a violation of paragraph (a) of Section 11-502 of this Code
7     or a similar provision of a local ordinance;
8         34. Has committed a violation of Section 11-1301.5 of
9     this Code;
10         35. Has committed a violation of Section 11-1301.6 of
11     this Code;
12         36. Is under the age of 21 years at the time of arrest
13     and has been convicted of not less than 2 offenses against
14     traffic regulations governing the movement of vehicles
15     committed within any 24 month period. No revocation or
16     suspension shall be entered more than 6 months after the
17     date of last conviction;
18         37. Has committed a violation of subsection (c) of
19     Section 11-907 of this Code;
20         38. Has been convicted of a violation of Section 6-20
21     of the Liquor Control Act of 1934 or a similar provision of
22     a local ordinance; or
23         39. Has committed a second or subsequent violation of
24     Section 11-1201 of this Code.
25     For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
26 and 27 of this subsection, license means any driver's license,
27 any traffic ticket issued when the person's driver's license is
28 deposited in lieu of bail, a suspension notice issued by the
29 Secretary of State, a duplicate or corrected driver's license,
30 a probationary driver's license or a temporary driver's
31 license.
32     (b) If any conviction forming the basis of a suspension or
33 revocation authorized under this Section is appealed, the
34 Secretary of State may rescind or withhold the entry of the
35 order of suspension or revocation, as the case may be, provided
36 that a certified copy of a stay order of a court is filed with

 

 

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1 the Secretary of State. If the conviction is affirmed on
2 appeal, the date of the conviction shall relate back to the
3 time the original judgment of conviction was entered and the 6
4 month limitation prescribed shall not apply.
5      (c) 1. Upon suspending or revoking the driver's license or
6     permit of any person as authorized in this Section, the
7     Secretary of State shall immediately notify the person in
8     writing of the revocation or suspension. The notice to be
9     deposited in the United States mail, postage prepaid, to
10     the last known address of the person.
11         2. If the Secretary of State suspends the driver's
12     license of a person under subsection 2 of paragraph (a) of
13     this Section, a person's privilege to operate a vehicle as
14     an occupation shall not be suspended, provided an affidavit
15     is properly completed, the appropriate fee received, and a
16     permit issued prior to the effective date of the
17     suspension, unless 5 offenses were committed, at least 2 of
18     which occurred while operating a commercial vehicle in
19     connection with the driver's regular occupation. All other
20     driving privileges shall be suspended by the Secretary of
21     State. Any driver prior to operating a vehicle for
22     occupational purposes only must submit the affidavit on
23     forms to be provided by the Secretary of State setting
24     forth the facts of the person's occupation. The affidavit
25     shall also state the number of offenses committed while
26     operating a vehicle in connection with the driver's regular
27     occupation. The affidavit shall be accompanied by the
28     driver's license. Upon receipt of a properly completed
29     affidavit, the Secretary of State shall issue the driver a
30     permit to operate a vehicle in connection with the driver's
31     regular occupation only. Unless the permit is issued by the
32     Secretary of State prior to the date of suspension, the
33     privilege to drive any motor vehicle shall be suspended as
34     set forth in the notice that was mailed under this Section.
35     If an affidavit is received subsequent to the effective
36     date of this suspension, a permit may be issued for the

 

 

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1     remainder of the suspension period.
2         The provisions of this subparagraph shall not apply to
3     any driver required to obtain a commercial driver's license
4     under Section 6-507 during the period of a disqualification
5     of commercial driving privileges under Section 6-514.
6         Any person who falsely states any fact in the affidavit
7     required herein shall be guilty of perjury under Section
8     6-302 and upon conviction thereof shall have all driving
9     privileges revoked without further rights.
10         3. At the conclusion of a hearing under Section 2-118
11     of this Code, the Secretary of State shall either rescind
12     or continue an order of revocation or shall substitute an
13     order of suspension; or, good cause appearing therefor,
14     rescind, continue, change, or extend the order of
15     suspension. If the Secretary of State does not rescind the
16     order, the Secretary may upon application, to relieve undue
17     hardship, issue a restricted driving permit granting the
18     privilege of driving a motor vehicle between the
19     petitioner's residence and petitioner's place of
20     employment or within the scope of his employment related
21     duties, or to allow transportation for the petitioner, or a
22     household member of the petitioner's family, to receive
23     necessary medical care and if the professional evaluation
24     indicates, provide transportation for alcohol remedial or
25     rehabilitative activity, or for the petitioner to attend
26     classes, as a student, in an accredited educational
27     institution; if the petitioner is able to demonstrate that
28     no alternative means of transportation is reasonably
29     available and the petitioner will not endanger the public
30     safety or welfare.
31         If a person's license or permit has been revoked or
32     suspended due to 2 or more convictions of violating Section
33     11-501 of this Code or a similar provision of a local
34     ordinance or a similar out-of-state offense, arising out of
35     separate occurrences, that person, if issued a restricted
36     driving permit, may not operate a vehicle unless it has

 

 

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1     been equipped with an ignition interlock device as defined
2     in Section 1-129.1.
3         If a person's license or permit has been revoked or
4     suspended 2 or more times within a 10 year period due to a
5     single conviction of violating Section 11-501 of this Code
6     or a similar provision of a local ordinance or a similar
7     out-of-state offense, and a statutory summary suspension
8     under Section 11-501.1, or 2 or more statutory summary
9     suspensions, or combination of 2 offenses, or of an offense
10     and a statutory summary suspension, arising out of separate
11     occurrences, that person, if issued a restricted driving
12     permit, may not operate a vehicle unless it has been
13     equipped with an ignition interlock device as defined in
14     Section 1-129.1. The person must pay to the Secretary of
15     State DUI Administration Fund an amount not to exceed $20
16     per month. The Secretary shall establish by rule the amount
17     and the procedures, terms, and conditions relating to these
18     fees. If the restricted driving permit was issued for
19     employment purposes, then this provision does not apply to
20     the operation of an occupational vehicle owned or leased by
21     that person's employer. In each case the Secretary may
22     issue a restricted driving permit for a period deemed
23     appropriate, except that all permits shall expire within
24     one year from the date of issuance. The Secretary may not,
25     however, issue a restricted driving permit to any person
26     whose current revocation is the result of a second or
27     subsequent conviction for a violation of Section 11-501 of
28     this Code or a similar provision of a local ordinance
29     relating to the offense of operating or being in physical
30     control of a motor vehicle while under the influence of
31     alcohol, other drug or drugs, intoxicating compound or
32     compounds, or any similar out-of-state offense, or any
33     combination of those offenses, until the expiration of at
34     least one year from the date of the revocation. A
35     restricted driving permit issued under this Section shall
36     be subject to cancellation, revocation, and suspension by

 

 

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1     the Secretary of State in like manner and for like cause as
2     a driver's license issued under this Code may be cancelled,
3     revoked, or suspended; except that a conviction upon one or
4     more offenses against laws or ordinances regulating the
5     movement of traffic shall be deemed sufficient cause for
6     the revocation, suspension, or cancellation of a
7     restricted driving permit. The Secretary of State may, as a
8     condition to the issuance of a restricted driving permit,
9     require the applicant to participate in a designated driver
10     remedial or rehabilitative program. The Secretary of State
11     is authorized to cancel a restricted driving permit if the
12     permit holder does not successfully complete the program.
13     (c-5) The Secretary of State may, as a condition of the
14 reissuance of a driver's license or permit to an applicant
15 whose driver's license or permit has been suspended before he
16 or she reached the age of 18 years pursuant to any of the
17 provisions of this Section, require the applicant to
18 participate in a driver remedial education course and be
19 retested under Section 6-109 of this Code.
20     (d) This Section is subject to the provisions of the
21 Drivers License Compact.
22     (e) The Secretary of State shall not issue a restricted
23 driving permit to a person under the age of 16 years whose
24 driving privileges have been suspended or revoked under any
25 provisions of this Code.
26 (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01;
27 92-458, eff. 8-22-01; 92-651, eff. 7-11-02; 92-804, eff.
28 1-1-03; 92-814, eff. 1-1-03; 93-120, eff. 1-1-04.)
 
29     (625 ILCS 5/6-206.1)  (from Ch. 95 1/2, par. 6-206.1)
30     Sec. 6-206.1. Judicial Driving Permit. Declaration of
31 Policy. It is hereby declared a policy of the State of Illinois
32 that the driver who is impaired by alcohol, other drug or
33 drugs, or intoxicating compound or compounds is a threat to the
34 public safety and welfare. Therefore, to provide a deterrent to
35 such practice and to remove problem drivers from the highway, a

 

 

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1 statutory summary driver's license suspension is appropriate.
2 It is also recognized that driving is a privilege and
3 therefore, that in some cases the granting of limited driving
4 privileges, where consistent with public safety, is warranted
5 during the period of suspension in the form of a judicial
6 driving permit to drive for the purpose of employment,
7 receiving drug treatment or medical care, and educational
8 pursuits, where no alternative means of transportation is
9 available.
10     The following procedures shall apply whenever a first
11 offender is arrested for any offense as defined in Section
12 11-501 or a similar provision of a local ordinance:
13     (a) Subsequent to a notification of a statutory summary
14 suspension of driving privileges as provided in Section
15 11-501.1, the first offender as defined in Section 11-500 may
16 petition the circuit court of venue for a Judicial Driving
17 Permit, hereinafter referred as a JDP, to relieve undue
18 hardship. The court may issue a court order, pursuant to the
19 criteria contained in this Section, directing the Secretary of
20 State to issue such a JDP to the petitioner. Except as provided
21 in subsection (f-1) of Section 6-208.1, a JDP shall not become
22 effective prior to the 31st day of the original statutory
23 summary suspension. A JDP and shall always be subject to the
24 following criteria:
25         1. If ordered for the purposes of employment, the JDP
26     shall be only for the purpose of providing the petitioner
27     the privilege of driving a motor vehicle between the
28     petitioner's residence and the petitioner's place of
29     employment and return; or within the scope of the
30     petitioner's employment related duties, shall be effective
31     only during and limited to those specific times and routes
32     actually required to commute or perform the petitioner's
33     employment related duties.
34         2. The court, by a court order, may also direct the
35     Secretary of State to issue a JDP to allow transportation
36     for the petitioner, or a household member of the

 

 

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1     petitioner's family, to receive alcohol, drug, or
2     intoxicating compound treatment or medical care, if the
3     petitioner is able to demonstrate that no alternative means
4     of transportation is reasonably available. Such JDP shall
5     be effective only during the specific times actually
6     required to commute.
7         3. The court, by a court order, may also direct the
8     Secretary of State to issue a JDP to allow transportation
9     by the petitioner for educational purposes upon
10     demonstrating that there are no alternative means of
11     transportation reasonably available to accomplish those
12     educational purposes. Such JDP shall be only for the
13     purpose of providing transportation to and from the
14     petitioner's residence and the petitioner's place of
15     educational activity, and only during the specific times
16     and routes actually required to commute or perform the
17     petitioner's educational requirement.
18         4. The Court shall not issue an order granting a JDP
19     to:
20             (i) Any person unless and until the court, after
21         considering the results of a current professional
22         evaluation of the person's alcohol or other drug use by
23         an agency pursuant to Section 15-10 of the Alcoholism
24         and Other Drug Abuse and Dependency Act and other
25         appropriate investigation of the person, is satisfied
26         that granting the privilege of driving a motor vehicle
27         on the highways will not endanger the public safety or
28         welfare.
29             (ii) Any person who has been convicted of reckless
30         homicide within the previous 5 years.
31             (iii) Any person whose privilege to operate a motor
32         vehicle was invalid at the time of arrest for the
33         current violation of Section 11-501, or a similar
34         provision of a local ordinance, except in cases where
35         the cause for a driver's license suspension has been
36         removed at the time a JDP is effective. In any case,

 

 

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1         should the Secretary of State enter a suspension or
2         revocation of driving privileges pursuant to the
3         provisions of this Code while the JDP is in effect or
4         pending, the Secretary shall take the prescribed
5         action and provide a notice to the person and the court
6         ordering the issuance of the JDP that all driving
7         privileges, including those provided by the issuance
8         of the JDP, have been withdrawn.
9             (iv) Any person under the age of 18 years.
10     (b) Prior to ordering the issuance of a JDP the Court
11 should consider at least, but not be limited to, the following
12 issues:
13         1. Whether the person is employed and no other means of
14     commuting to the place of employment is available or that
15     the person must drive as a condition of employment. The
16     employer shall certify the hours of employment and the need
17     and parameters necessary for driving as a condition to
18     employment.
19         2. Whether the person must drive to secure alcohol or
20     other medical treatment for himself or a family member.
21         3. Whether the person must drive for educational
22     purposes. The educational institution shall certify the
23     person's enrollment in and academic schedule at the
24     institution.
25         4. Whether the person has been repeatedly convicted of
26     traffic violations or involved in motor vehicle accidents
27     to a degree which indicates disrespect for public safety.
28         5. Whether the person has been convicted of a traffic
29     violation in connection with a traffic accident resulting
30     in the death of any person within the last 5 years.
31         6. Whether the person is likely to obey the limited
32     provisions of the JDP.
33         7. Whether the person has any additional traffic
34     violations pending in any court.
35     For purposes of this Section, programs conducting
36 professional evaluations of a person's alcohol, other drug, or

 

 

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1 intoxicating compound use must report, to the court of venue,
2 using a form prescribed by the Secretary of State. A copy of
3 such evaluations shall be sent to the Secretary of State by the
4 court. However, the evaluation information shall be privileged
5 and only available to courts and to the Secretary of State, but
6 shall not be admissible in the subsequent trial on the
7 underlying charge.
8     (c) The scope of any court order issued for a JDP under
9 this Section shall be limited to the operation of a motor
10 vehicle as provided for in subsection (a) of this Section and
11 shall specify the petitioner's residence, place of employment
12 or location of educational institution, and the scope of job
13 related duties, if relevant. The JDP shall also specify days of
14 the week and specific hours of the day when the petitioner is
15 able to exercise the limited privilege of operating a motor
16 vehicle. If the Petitioner, who has been granted a JDP, is
17 issued a citation for a traffic related offense, including
18 operating a motor vehicle outside the limitations prescribed in
19 the JDP or a violation of Section 6-303, or is convicted of any
20 such an offense during the term of the JDP, the court shall
21 consider cancellation of the limited driving permit. In any
22 case, if the Petitioner commits an offense, as defined in
23 Section 11-501, or a similar provision of a local ordinance, as
24 evidenced by the issuance of a Uniform Traffic Ticket, the JDP
25 shall be forwarded by the court of venue to the court ordering
26 the issuance of the JDP, for cancellation. The court shall
27 notify the Secretary of State of any such cancellation.
28     (d) The Secretary of State shall, upon receiving a court
29 order from the court of venue, issue a JDP to a successful
30 Petitioner under this Section. Such court order form shall also
31 contain a notification, which shall be sent to the Secretary of
32 State, providing the name, driver's license number and legal
33 address of the successful petitioner, and the full and detailed
34 description of the limitations of the JDP. This information
35 shall be available only to the courts, police officers, and the
36 Secretary of State, except during the actual period the JDP is

 

 

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1 valid, during which time it shall be a public record. The
2 Secretary of State shall design and furnish to the courts an
3 official court order form to be used by the courts when
4 directing the Secretary of State to issue a JDP.
5     Any submitted court order that contains insufficient data
6 or fails to comply with this Code shall not be utilized for JDP
7 issuance or entered to the driver record but shall be returned
8 to the issuing court indicating why the JDP cannot be so
9 entered. A notice of this action shall also be sent to the JDP
10 petitioner by the Secretary of State.
11     (e) The circuit court of venue may conduct the judicial
12 hearing, as provided in Section 2-118.1, and the JDP hearing
13 provided in this Section, concurrently. Such concurrent
14 hearing shall proceed in the court in the same manner as in
15 other civil proceedings.
16     (f) The circuit court of venue may, as a condition of the
17 issuance of a JDP, prohibit the person from operating a motor
18 vehicle not equipped with an ignition interlock device.
19 (Source: P.A. 90-369, eff. 1-1-98; 90-779, eff. 1-1-99; 91-127,
20 eff. 1-1-00.)
 
21     (625 ILCS 5/6-208.1)  (from Ch. 95 1/2, par. 6-208.1)
22     Sec. 6-208.1. Period of statutory summary alcohol, other
23 drug, or intoxicating compound related suspension.
24     (a) Unless the statutory summary suspension has been
25 rescinded, any person whose privilege to drive a motor vehicle
26 on the public highways has been summarily suspended, pursuant
27 to Section 11-501.1 or 11-501.9, shall not be eligible for
28 restoration of the privilege until the expiration of:
29         1. Six months from the effective date of the statutory
30     summary suspension for a refusal or failure to complete a
31     test or tests to determine the alcohol, drug, or
32     intoxicating compound concentration, pursuant to Section
33     11-501.1; or for a refusal or failure to complete a
34     preliminary breath screening test or a field sobriety test
35     or tests pursuant to Section 11-501.9; or

 

 

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1         2. Three months from the effective date of the
2     statutory summary suspension imposed following the
3     person's submission to a chemical test which disclosed an
4     alcohol concentration of 0.08 or more, or any amount of a
5     drug, substance, or intoxicating compound in such person's
6     breath, blood, or urine resulting from the unlawful use or
7     consumption of cannabis listed in the Cannabis Control Act,
8     a controlled substance listed in the Illinois Controlled
9     Substances Act, or an intoxicating compound listed in the
10     Use of Intoxicating Compounds Act, pursuant to Section
11     11-501.1; or
12         3. Three years from the effective date of the statutory
13     summary suspension for any person other than a first
14     offender who refuses or fails to complete a test or tests
15     to determine the alcohol, drug, or intoxicating compound
16     concentration pursuant to Section 11-501.1; or
17         3.1. Two years from the effective date of the statutory
18     summary suspension for any person other than a first
19     offender who refuses or fails to complete a preliminary
20     breath screening test or a field sobriety test or tests
21     pursuant to Section 11-501.9; or
22         4. One year from the effective date of the summary
23     suspension imposed for any person other than a first
24     offender following submission to a chemical test which
25     disclosed an alcohol concentration of 0.08 or more pursuant
26     to Section 11-501.1 or any amount of a drug, substance or
27     compound in such person's blood or urine resulting from the
28     unlawful use or consumption of cannabis listed in the
29     Cannabis Control Act, a controlled substance listed in the
30     Illinois Controlled Substances Act, or an intoxicating
31     compound listed in the Use of Intoxicating Compounds Act.
32     (b) Following a statutory summary suspension of the
33 privilege to drive a motor vehicle under Section 11-501.1 or
34 11-501.9, full driving privileges shall be restored unless the
35 person is otherwise disqualified by this Code. If the court has
36 reason to believe that the person's driving privilege should

 

 

HB6905 - 25 - LRB093 17901 DRH 43584 b

1 not be restored, the court shall notify the Secretary of State
2 prior to the expiration of the statutory summary suspension so
3 appropriate action may be taken pursuant to this Code.
4     (c) Full driving privileges may not be restored until all
5 applicable reinstatement fees, as provided by this Code, have
6 been paid to the Secretary of State and the appropriate entry
7 made to the driver's record.
8     (d) Where a driving privilege has been summarily suspended
9 under Section 11-501.1 or 11-501.9 and the person is
10 subsequently convicted of violating Section 11-501, or a
11 similar provision of a local ordinance, for the same incident,
12 any period served on statutory summary suspension shall be
13 credited toward the minimum period of revocation of driving
14 privileges imposed pursuant to Section 6-205.
15     (e) Following a statutory summary suspension of driving
16 privileges pursuant to Section 11-501.1, for a first offender,
17 the circuit court may, after at least 30 days from the
18 effective date of the statutory summary suspension or as
19 provided in subsection (e-1), issue a judicial driving permit
20 as provided in Section 6-206.1.
21     (e-1) Following a statutory summary suspension of driving
22 privileges under Section 11-501.1 for a first offender, if that
23 person also (i) has never received a disposition of supervision
24 for any offense as defined in Section 11-501 or a similar
25 provision of a local ordinance and (ii) submitted to field
26 sobriety tests under Section 11-501.9 before the statutory
27 summary suspension was imposed under Section 11-501.1, the
28 circuit court may, at any time after the statutory summary
29 suspension has been imposed, issue a judicial driving permit
30 under Section 6-206.1.
31     (f) Subsequent to an arrest of a first offender, for any
32 offense as defined in Section 11-501 or a similar provision of
33 a local ordinance, following a statutory summary suspension of
34 driving privileges pursuant to Section 11-501.1, for a first
35 offender, the circuit court may issue a court order directing
36 the Secretary of State to issue a judicial driving permit as

 

 

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1 provided in Section 6-206.1. Except as provided in subsection
2 (e-1), however, this JDP shall not be effective prior to the
3 31st day of the statutory summary suspension.
4     (f-1) Following a statutory summary suspension of driving
5 privileges pursuant to Section 11-501.9, for a first offender,
6 the Secretary of State may, after at least 30 days from the
7 effective date of the statutory summary suspension, issue a
8 restricted driving permit as provided in subsection (g) of
9 Section 11-501.9.
10     (g) Following a statutory summary suspension of driving
11 privileges pursuant to Section 11-501.1 where the person was
12 not a first offender, as defined in Section 11-500, or a
13 preliminary breath screening test or a field sobriety test or
14 tests the Secretary of State may not issue a restricted driving
15 permit.
16     (h) (Blank).
17     (i) When a person has refused to submit to or failed to
18 complete a chemical test or tests of blood, breath, or urine
19 pursuant to Section 11-501.1 or to a preliminary breath
20 screening test or a field sobriety test or tests pursuant to
21 Section 11-501.9, the person's driving privileges shall be
22 statutorily suspended under the provisions of both Sections,
23 but the periods of statutory suspension shall run concurrently.
24 (Source: P.A. 91-357, eff. 7-29-99; 92-248, eff. 8-3-01.)
 
25     (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
26     Sec. 6-303. Driving while driver's license, permit or
27 privilege to operate a motor vehicle is suspended or revoked.
28     (a) Any person who drives or is in actual physical control
29 of a motor vehicle on any highway of this State at a time when
30 such person's driver's license, permit or privilege to do so or
31 the privilege to obtain a driver's license or permit is revoked
32 or suspended as provided by this Code or the law of another
33 state, except as may be specifically allowed by and subject to
34 the conditions of a judicial driving permit, family financial
35 responsibility driving permit, probationary license to drive,

 

 

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1 or a restricted driving permit issued pursuant to this Code or
2 under the law of another state, shall be guilty of a Class A
3 misdemeanor.
4     (b) The Secretary of State upon receiving a report of the
5 conviction of any violation indicating a person was operating a
6 motor vehicle during the time when said person's driver's
7 license, permit or privilege was suspended by the Secretary, by
8 the appropriate authority of another state, or pursuant to
9 Section 11-501.1 or 11-501.9, ; except as may be specifically
10 allowed by a probationary license to drive, judicial driving
11 permit or restricted driving permit issued pursuant to this
12 Code or the law of another state; shall extend the suspension
13 for the same period of time as the originally imposed
14 suspension; however, if the period of suspension has then
15 expired, the Secretary shall be authorized to suspend said
16 person's driving privileges for the same period of time as the
17 originally imposed suspension; and if the conviction was upon a
18 charge which indicated that a vehicle was operated during the
19 time when the person's driver's license, permit or privilege
20 was revoked; except as may be allowed by a restricted driving
21 permit issued pursuant to this Code or the law of another
22 state; the Secretary shall not issue a driver's license for an
23 additional period of one year from the date of such conviction
24 indicating such person was operating a vehicle during such
25 period of revocation.
26     (c) Any person convicted of violating this Section shall
27 serve a minimum term of imprisonment of 10 consecutive days or
28 30 days of community service when the person's driving
29 privilege was revoked or suspended as a result of:
30         (1) a violation of Section 11-501 of this Code or a
31     similar provision of a local ordinance relating to the
32     offense of operating or being in physical control of a
33     vehicle while under the influence of alcohol, any other
34     drug or any combination thereof; or
35         (2) a violation of paragraph (b) of Section 11-401 of
36     this Code or a similar provision of a local ordinance

 

 

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1     relating to the offense of leaving the scene of a motor
2     vehicle accident involving personal injury or death; or
3         (3) a violation of Section 9-3 of the Criminal Code of
4     1961, as amended, relating to the offense of reckless
5     homicide; or
6         (4) a statutory summary suspension under Section
7     11-501.1 or 11-501.9 of this Code.
8     Such sentence of imprisonment or community service shall
9 not be subject to suspension in order to reduce such sentence.
10     (c-1) Except as provided in subsection (d), any person
11 convicted of a second violation of this Section shall be
12 ordered by the court to serve a minimum of 100 hours of
13 community service.
14     (c-2) In addition to other penalties imposed under this
15 Section, the court may impose on any person convicted a fourth
16 time of violating this Section any of the following:
17         (1) Seizure of the license plates of the person's
18     vehicle.
19         (2) Immobilization of the person's vehicle for a period
20     of time to be determined by the court.
21     (d) Any person convicted of a second violation of this
22 Section shall be guilty of a Class 4 felony and shall serve a
23 minimum term of imprisonment of 30 days or 300 hours of
24 community service, as determined by the court, if the
25 revocation or suspension was for a violation of Section 11-401
26 or 11-501 of this Code, or a similar out-of-state offense, or a
27 similar provision of a local ordinance, a violation of Section
28 9-3 of the Criminal Code of 1961, relating to the offense of
29 reckless homicide, or a similar out-of-state offense, or a
30 statutory summary suspension under Section 11-501.1 or
31 11-501.9 of this Code.
32     (d-1) Except as provided in subsection (d-2) and subsection
33 (d-3), any person convicted of a third or subsequent violation
34 of this Section shall serve a minimum term of imprisonment of
35 30 days or 300 hours of community service, as determined by the
36 court.

 

 

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1     (d-2) Any person convicted of a third violation of this
2 Section is guilty of a Class 4 felony and must serve a minimum
3 term of imprisonment of 30 days if the revocation or suspension
4 was for a violation of Section 11-401 or 11-501 of this Code,
5 or a similar out-of-state offense, or a similar provision of a
6 local ordinance, a violation of Section 9-3 of the Criminal
7 Code of 1961, relating to the offense of reckless homicide, or
8 a similar out-of-state offense, or a statutory summary
9 suspension under Section 11-501.1 of this Code.
10     (d-3) Any person convicted of a fourth or subsequent
11 violation of this Section is guilty of a Class 4 felony and
12 must serve a minimum term of imprisonment of 180 days if the
13 revocation or suspension was for a violation of Section 11-401
14 or 11-501 of this Code, or a similar out-of-state offense, or a
15 similar provision of a local ordinance, a violation of Section
16 9-3 of the Criminal Code of 1961, relating to the offense of
17 reckless homicide, or a similar out-of-state offense, or a
18 statutory summary suspension under Section 11-501.1 of this
19 Code.
20     (e) Any person in violation of this Section who is also in
21 violation of Section 7-601 of this Code relating to mandatory
22 insurance requirements, in addition to other penalties imposed
23 under this Section, shall have his or her motor vehicle
24 immediately impounded by the arresting law enforcement
25 officer. The motor vehicle may be released to any licensed
26 driver upon a showing of proof of insurance for the vehicle
27 that was impounded and the notarized written consent for the
28 release by the vehicle owner.
29     (f) For any prosecution under this Section, a certified
30 copy of the driving abstract of the defendant shall be admitted
31 as proof of any prior conviction.
32     (g) The motor vehicle used in a violation of this Section
33 is subject to seizure and forfeiture as provided in Sections
34 36-1 and 36-2 of the Criminal Code of 1961 if the person's
35 driving privilege was revoked or suspended as a result of a
36 violation listed in paragraph (1), (2), or (3) of subsection

 

 

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1 (c) of this Section or as a result of a summary suspension as
2 provided in paragraph (4) of subsection (c) of this Section.
3 (Source: P.A. 91-692, eff. 4-13-00; 92-340, eff. 8-10-01;
4 92-688, eff. 7-16-02.)
 
5     (625 ILCS 5/11-500)  (from Ch. 95 1/2, par. 11-500)
6     Sec. 11-500. Definitions. For the purposes of interpreting
7 Sections 6-206.1 and 6-208.1 of this Code, "first offender"
8 shall mean: (i) any person who has not had a previous
9 conviction or court assigned supervision for violating Section
10 11-501, or a similar provision of a local ordinance, or a
11 conviction in any other state for a violation of driving while
12 under the influence or a similar offense where the cause of
13 action is the same or substantially similar to this Code, or
14 (ii) any person who has not had a driver's license suspension
15 for violating Section 11-501.1 or 11-501.9 within 5 years prior
16 to the date of the current offense or failure to submit to or
17 complete a chemical test or tests of blood, breath, or urine
18 pursuant to Section 11-501.1 or a preliminary breath screening
19 test or a field sobriety test or tests pursuant to Section
20 11-501.9, except in cases where the driver submitted to
21 chemical testing resulting in an alcohol concentration of 0.08
22 or more, or any amount of a drug, substance, or compound in
23 such person's blood or urine resulting from the unlawful use or
24 consumption of cannabis listed in the Cannabis Control Act, a
25 controlled substance listed in the Illinois Controlled
26 Substances Act, or an intoxicating compound listed in the Use
27 of Intoxicating Compounds Act and was subsequently found not
28 guilty of violating Section 11-501, or a similar provision of a
29 local ordinance.
30 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)
 
31     (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
32     Sec. 11-501. Driving while under the influence of alcohol,
33 other drug or drugs, intoxicating compound or compounds or any
34 combination thereof.

 

 

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1     (a) A person shall not drive or be in actual physical
2 control of any vehicle within this State while:
3         (1) the alcohol concentration in the person's blood or
4     breath is 0.08 or more based on the definition of blood and
5     breath units in Section 11-501.2;
6         (2) under the influence of alcohol;
7         (3) under the influence of any intoxicating compound or
8     combination of intoxicating compounds to a degree that
9     renders the person incapable of driving safely;
10         (4) under the influence of any other drug or
11     combination of drugs to a degree that renders the person
12     incapable of safely driving;
13         (5) under the combined influence of alcohol, other drug
14     or drugs, or intoxicating compound or compounds to a degree
15     that renders the person incapable of safely driving; or
16         (6) there is any amount of a drug, substance, or
17     compound in the person's breath, blood, or urine resulting
18     from the unlawful use or consumption of cannabis listed in
19     the Cannabis Control Act, a controlled substance listed in
20     the Illinois Controlled Substances Act, or an intoxicating
21     compound listed in the Use of Intoxicating Compounds Act.
22     (b) The fact that any person charged with violating this
23 Section is or has been legally entitled to use alcohol, other
24 drug or drugs, or intoxicating compound or compounds, or any
25 combination thereof, shall not constitute a defense against any
26 charge of violating this Section.
27     (c) Except as provided under paragraphs (c-3), (c-4), and
28 (d) of this Section, every person convicted of violating this
29 Section or a similar provision of a local ordinance, shall be
30 guilty of a Class A misdemeanor and, in addition to any other
31 criminal or administrative action, for any second conviction of
32 violating this Section or a similar provision of a law of
33 another state or local ordinance committed within 5 years of a
34 previous violation of this Section or a similar provision of a
35 local ordinance shall be mandatorily sentenced to a minimum of
36 5 days of imprisonment or assigned to a minimum of 30 days of

 

 

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1 community service as may be determined by the court. Every
2 person convicted of violating this Section or a similar
3 provision of a local ordinance shall be subject to an
4 additional mandatory minimum fine of $500 and an additional
5 mandatory 5 days of community service in a program benefiting
6 children if the person committed a violation of paragraph (a)
7 or a similar provision of a local ordinance while transporting
8 a person under age 16. Every person convicted a second time for
9 violating this Section or a similar provision of a local
10 ordinance within 5 years of a previous violation of this
11 Section or a similar provision of a law of another state or
12 local ordinance shall be subject to an additional mandatory
13 minimum fine of $500 and an additional 10 days of mandatory
14 community service in a program benefiting children if the
15 current offense was committed while transporting a person under
16 age 16. The imprisonment or assignment under this subsection
17 shall not be subject to suspension nor shall the person be
18 eligible for probation in order to reduce the sentence or
19 assignment.
20     (c-1) (1) A person who violates this Section during a
21     period in which his or her driving privileges are revoked
22     or suspended, where the revocation or suspension was for a
23     violation of this Section or a similar provision of a local
24     ordinance, a failure to submit to a chemical test or tests
25     of blood, breath, or urine pursuant to , Section 11-501.1 or
26     a failure to submit to a preliminary breath screening test
27     or a field sobriety test or tests pursuant to Section
28     11-501.9 of this Code, a violation of , paragraph (b) of
29     Section 11-401 of this Code, or a violation of Section 9-3
30     of the Criminal Code of 1961 is guilty of a Class 4 felony.
31         (2) A person who violates this Section a third time
32     during a period in which his or her driving privileges are
33     revoked or suspended where the revocation or suspension was
34     for a violation of this Section, or a similar violation of
35     a local ordinance, a failure to submit to a chemical test
36     or tests of blood, breath, or urine pursuant to Section

 

 

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1     11-501.1 or a failure to submit to a preliminary breath
2     screening test or a field sobriety test or tests pursuant
3     to Section 11-501.9 of this Code, a violation of , paragraph
4     (b) of Section 11-401 of this Code, or a violation of
5     Section 9-3 of the Criminal Code of 1961 is guilty of a
6     Class 3 felony.
7         (3) A person who violates this Section a fourth or
8     subsequent time during a period in which his or her driving
9     privileges are revoked or suspended where the revocation or
10     suspension was for a violation of this Section or a similar
11     violation of a local ordinance, a failure to submit to a
12     chemical test or tests of blood, breath, or urine pursuant
13     to , Section 11-501.1 or a failure to submit to a
14     preliminary breath screening test or a field sobriety test
15     or tests pursuant to Section 11-501.9 of this Code, a
16     violation of , paragraph (b) of Section 11-401 of this Code,
17     or a violation of Section 9-3 of the Criminal Code of 1961
18     is guilty of a Class 2 felony.
19     (c-2) (Blank).
20     (c-3) Every person convicted of violating this Section or a
21 similar provision of a local ordinance who had a child under
22 age 16 in the vehicle at the time of the offense shall have his
23 or her punishment under this Act enhanced by 2 days of
24 imprisonment for a first offense, 10 days of imprisonment for a
25 second offense, 30 days of imprisonment for a third offense,
26 and 90 days of imprisonment for a fourth or subsequent offense,
27 in addition to the fine and community service required under
28 subsection (c) and the possible imprisonment required under
29 subsection (d). The imprisonment or assignment under this
30 subsection shall not be subject to suspension nor shall the
31 person be eligible for probation in order to reduce the
32 sentence or assignment.
33     (c-4) When a person is convicted of violating Section
34 11-501 of this Code or a similar provision of a local
35 ordinance, the following penalties apply when his or her blood,
36 breath, or urine was .16 or more based on the definition of

 

 

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1 blood, breath, or urine units in Section 11-501.2 or when that
2 person is convicted of violating this Section while
3 transporting a child under the age of 16:
4         (1) A person who is convicted of violating subsection
5     (a) of Section 11-501 of this Code a first time, in
6     addition to any other penalty that may be imposed under
7     subsection (c), is subject to a mandatory minimum of 100
8     hours of community service and a minimum fine of $500.
9         (2) A person who is convicted of violating subsection
10     (a) of Section 11-501 of this Code a second time within 10
11     years, in addition to any other penalty that may be imposed
12     under subsection (c), is subject to a mandatory minimum of
13     2 days of imprisonment and a minimum fine of $1,250.
14         (3) A person who is convicted of violating subsection
15     (a) of Section 11-501 of this Code a third time within 20
16     years is guilty of a Class 4 felony and, in addition to any
17     other penalty that may be imposed under subsection (c), is
18     subject to a mandatory minimum of 90 days of imprisonment
19     and a minimum fine of $2,500.
20         (4) A person who is convicted of violating this
21     subsection (c-4) a fourth or subsequent time is guilty of a
22     Class 2 felony and, in addition to any other penalty that
23     may be imposed under subsection (c), is not eligible for a
24     sentence of probation or conditional discharge and is
25     subject to a minimum fine of $2,500.
26     (d) (1) Every person convicted of committing a violation of
27     this Section shall be guilty of aggravated driving under
28     the influence of alcohol, other drug or drugs, or
29     intoxicating compound or compounds, or any combination
30     thereof if:
31             (A) the person committed a violation of this
32         Section, or a similar provision of a law of another
33         state or a local ordinance when the cause of action is
34         the same as or substantially similar to this Section,
35         for the third or subsequent time;
36             (B) the person committed a violation of paragraph

 

 

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1         (a) while driving a school bus with children on board;
2             (C) the person in committing a violation of
3         paragraph (a) was involved in a motor vehicle accident
4         that resulted in great bodily harm or permanent
5         disability or disfigurement to another, when the
6         violation was a proximate cause of the injuries;
7             (D) the person committed a violation of paragraph
8         (a) for a second time and has been previously convicted
9         of violating Section 9-3 of the Criminal Code of 1961
10         relating to reckless homicide in which the person was
11         determined to have been under the influence of alcohol,
12         other drug or drugs, or intoxicating compound or
13         compounds as an element of the offense or the person
14         has previously been convicted under subparagraph (C)
15         or subparagraph (F) of this paragraph (1);
16             (E) the person, in committing a violation of
17         paragraph (a) while driving at any speed in a school
18         speed zone at a time when a speed limit of 20 miles per
19         hour was in effect under subsection (a) of Section
20         11-605 of this Code, was involved in a motor vehicle
21         accident that resulted in bodily harm, other than great
22         bodily harm or permanent disability or disfigurement,
23         to another person, when the violation of paragraph (a)
24         was a proximate cause of the bodily harm; or
25             (F) the person, in committing a violation of
26         paragraph (a), was involved in a motor vehicle,
27         snowmobile, all-terrain vehicle, or watercraft
28         accident that resulted in the death of another person,
29         when the violation of paragraph (a) was a proximate
30         cause of the death.
31         (2) Except as provided in this paragraph (2),
32     aggravated driving under the influence of alcohol, other
33     drug or drugs, or intoxicating compound or compounds, or
34     any combination thereof is a Class 4 felony. For a
35     violation of subparagraph (C) of paragraph (1) of this
36     subsection (d), the defendant, if sentenced to a term of

 

 

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1     imprisonment, shall be sentenced to not less than one year
2     nor more than 12 years. Aggravated driving under the
3     influence of alcohol, other drug or drugs, or intoxicating
4     compound or compounds, or any combination thereof as
5     defined in subparagraph (F) of paragraph (1) of this
6     subsection (d) is a Class 2 felony, for which the
7     defendant, if sentenced to a term of imprisonment, shall be
8     sentenced to: (A) a term of imprisonment of not less than 3
9     years and not more than 14 years if the violation resulted
10     in the death of one person; or (B) a term of imprisonment
11     of not less than 6 years and not more than 28 years if the
12     violation resulted in the deaths of 2 or more persons. For
13     any prosecution under this subsection (d), a certified copy
14     of the driving abstract of the defendant shall be admitted
15     as proof of any prior conviction.
16     (e) After a finding of guilt and prior to any final
17 sentencing, or an order for supervision, for an offense based
18 upon an arrest for a violation of this Section or a similar
19 provision of a local ordinance, individuals shall be required
20 to undergo a professional evaluation to determine if an
21 alcohol, drug, or intoxicating compound abuse problem exists
22 and the extent of the problem, and undergo the imposition of
23 treatment as appropriate. Programs conducting these
24 evaluations shall be licensed by the Department of Human
25 Services. The cost of any professional evaluation shall be paid
26 for by the individual required to undergo the professional
27 evaluation.
28     (e-1) Any person who is found guilty of or pleads guilty to
29 violating this Section, including any person receiving a
30 disposition of court supervision for violating this Section,
31 may be required by the Court to attend a victim impact panel
32 offered by, or under contract with, a County State's Attorney's
33 office, a probation and court services department, Mothers
34 Against Drunk Driving, or the Alliance Against Intoxicated
35 Motorists. All costs generated by the victim impact panel shall
36 be paid from fees collected from the offender or as may be

 

 

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1 determined by the court.
2     (f) Every person found guilty of violating this Section,
3 whose operation of a motor vehicle while in violation of this
4 Section proximately caused any incident resulting in an
5 appropriate emergency response, shall be liable for the expense
6 of an emergency response as provided under Section 5-5-3 of the
7 Unified Code of Corrections.
8     (g) The Secretary of State shall revoke the driving
9 privileges of any person convicted under this Section or a
10 similar provision of a local ordinance.
11     (h) Every person sentenced under paragraph (2) or (3) of
12 subsection (c-1) of this Section or subsection (d) of this
13 Section and who receives a term of probation or conditional
14 discharge shall be required to serve a minimum term of either
15 60 days community service or 10 days of imprisonment as a
16 condition of the probation or conditional discharge. This
17 mandatory minimum term of imprisonment or assignment of
18 community service shall not be suspended and shall not be
19 subject to reduction by the court.
20     (i) The Secretary of State shall require the use of
21 ignition interlock devices on all vehicles owned by an
22 individual who has been convicted of a second or subsequent
23 offense of this Section or a similar provision of a local
24 ordinance. The Secretary shall establish by rule and regulation
25 the procedures for certification and use of the interlock
26 system.
27     (j) In addition to any other penalties and liabilities, a
28 person who is found guilty of or pleads guilty to violating
29 this Section, including any person placed on court supervision
30 for violating this Section, shall be fined $100, payable to the
31 circuit clerk, who shall distribute the money to the law
32 enforcement agency that made the arrest. If the person has been
33 previously convicted of violating this Section or a similar
34 provision of a local ordinance, the fine shall be $200. In the
35 event that more than one agency is responsible for the arrest,
36 the $100 or $200 shall be shared equally. Any moneys received

 

 

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1 by a law enforcement agency under this subsection (j) shall be
2 used to purchase law enforcement equipment that will assist in
3 the prevention of alcohol related criminal violence throughout
4 the State. This shall include, but is not limited to, in-car
5 video cameras, radar and laser speed detection devices, and
6 alcohol breath testers. Any moneys received by the Department
7 of State Police under this subsection (j) shall be deposited
8 into the State Police DUI Fund and shall be used to purchase
9 law enforcement equipment that will assist in the prevention of
10 alcohol related criminal violence throughout the State.
11     (k) The Secretary of State Police DUI Fund is created as a
12 special fund in the State treasury. All moneys received by the
13 Secretary of State Police under subsection (j) of this Section
14 shall be deposited into the Secretary of State Police DUI Fund
15 and, subject to appropriation, shall be used to purchase law
16 enforcement equipment to assist in the prevention of alcohol
17 related criminal violence throughout the State.
18 (Source: P.A. 92-248, eff. 8-3-01; 92-418, eff. 8-17-01;
19 92-420, eff. 8-17-01; 92-429, eff. 1-1-02; 92-431, eff. 1-1-02;
20 92-651, eff. 7-11-02; 93-156, eff. 1-1-04; 93-213, eff.
21 7-18-03; 93-584, eff. 8-22-03; revised 8-27-03.)
 
22     (625 ILCS 5/11-501.9 new)
23     Sec. 11-501.9. Mandatory preliminary breath screening test
24 and field sobriety tests.
25     (a) The General Assembly finds that: (1) the incidence of
26 motorists suspected of driving under the influence of alcohol,
27 other drugs, or intoxicating compounds who refuse to perform
28 voluntary preliminary breath screening tests or field sobriety
29 tests has risen to alarming proportions; (2) motorists who
30 refuse these tests frequently drive under the influence of
31 alcohol, drugs, or intoxicating compounds but are nonetheless
32 often able to avoid the loss or suspension of driving
33 privileges by refusing to perform these tests; (3) these
34 motorists pose a substantial danger to the lives and property
35 both of other motorists and of pedestrians; (4) the State of

 

 

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1 Illinois has the duty to protect the lives and property of its
2 citizens as they travel upon the roads and highways of this
3 State, and that duty gives rise to a special need to ensure
4 that those roads and highways are free from the dangers posed
5 by impaired motorists; (5) persons who operate motor vehicles
6 upon the roads and highways of this State engage in an
7 inherently dangerous activity that directly affects the safety
8 of the public, and consequently, such persons are subject to
9 reasonable measures designed to make road and highway travel
10 safe; (6) the only effective and realistic response to the
11 crisis presented by motorists refusing to voluntarily perform
12 preliminary breath screening tests or field sobriety tests is
13 to require persons suspected of driving under the influence of
14 alcohol, drugs, or intoxicating compounds to perform these
15 tests; and (7) the required performance of these tests based on
16 individualized reasonable suspicion is a necessary,
17 unobtrusive, and reasonable measure designed to promote the
18 State's special need to make its roads and highways safe.
19     (b) Any person who drives or is in actual physical control
20 of a motor vehicle within this State shall be deemed to have
21 given consent to performing any field sobriety test or tests
22 approved by the Illinois Law Enforcement Training Standards
23 Board and to providing a sample of his or her breath for a
24 preliminary breath screening test using a portable device
25 approved by the Department of State Police and checked for
26 accuracy by the law enforcement agency utilizing the device at
27 intervals not exceeding 3 months if the law enforcement officer
28 has reasonable suspicion based on specific and articulable
29 facts and rational inferences from those facts to believe that
30 the person is violating or has violated Section 11-501 or a
31 similar provision of a local ordinance. These tests shall be
32 conducted expeditiously in the vicinity of the location in
33 which the person was stopped by a law enforcement officer
34 trained to administer these tests under standards set forth by
35 the Illinois Law Enforcement Training Standards Board. The
36 results of the field sobriety test or tests or the preliminary

 

 

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1 breath screening test may be used by the law enforcement
2 officer for the purpose of assisting with the determination of
3 whether to require a chemical test as authorized under Sections
4 11-501.1 and 11-501.2, and the appropriate type of test to
5 request. The decision to administer a field sobriety test or
6 tests or a preliminary breath screening test shall at all times
7 be in the discretion of the law enforcement officer. Any
8 chemical test authorized under Sections 11-501.1 and 11-501.2
9 may be requested by the officer regardless of the result of the
10 field sobriety test or tests or of the preliminary breath
11 screening test, if probable cause for an arrest otherwise
12 exists. The preliminary breath screening test shall be
13 administered in accordance with rules the Director of the
14 Illinois State Police may adopt. The result of a field sobriety
15 test or test or of a preliminary breath screening test may be
16 used by the defendant as evidence in any administrative or
17 court proceeding involving a violation of Section 11-501 or
18 11-501.1 and may be used by the State as evidence in any
19 administrative or court proceeding to establish probable cause
20 for a violation of Section 11-501 or in rebuttal to an
21 assertion that a test conducted pursuant to Section 11-501.1
22 did not accurately reflect a person's degree of alcohol
23 concentration in the person's breath or blood at the time the
24 person was in control of the motor vehicle.
25     For the purposes of this Section, a law enforcement officer
26 of this State who is investigating a person for any offense set
27 forth in Section 11-501 may travel to an adjoining state to
28 which the person has been transported for medical care to
29 complete an investigation and request that the person submit to
30 the test set forth in this Section.
31     (c) A person requested to submit to any test as provided in
32 subsection (b) of this Section shall be warned by the law
33 enforcement officer requesting the test prior to administering
34 the test or tests that a refusal to submit to any test will
35 result in the statutory summary suspension of the person's
36 privilege to operate a motor vehicle as provided in Section

 

 

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1 6-208.1 of this Code.
2     (d) If a person refuses to perform a field sobriety test or
3 tests or a preliminary breath screening test requested by a law
4 enforcement officer, the law enforcement officer shall
5 immediately submit a sworn report to the Secretary of State on
6 a form prescribed by the Secretary, certifying that the test
7 was requested under subsection (b) and that the person refused
8 to submit to the test.
9     (e) Upon receipt of the sworn report of a law enforcement
10 officer submitted under subsection (d), the Secretary of State
11 shall enter the statutory summary suspension for the periods
12 specified in Section 6-208.1, and effective as provided in
13 subsection (i). If the person is a first offender as defined in
14 Section 11-500 of this Code, and is not convicted of a
15 violation of Section 11-501 of this Code or a similar provision
16 of a local ordinance, then reports received by the Secretary of
17 State under this Section shall, except during the actual time
18 the statutory summary suspension is in effect, be privileged
19 information and for use only by the courts, police officers,
20 prosecuting authorities, or the Secretary of State.
21     (f) The law enforcement officer submitting the sworn report
22 under subsection (d) shall serve immediate notice of the
23 statutory summary suspension on the person. The suspension
24 shall be effective on the 46th day following the date the
25 statutory summary suspension was given to the person. Upon
26 receipt of the sworn report from the law enforcement officer,
27 the Secretary of State shall confirm the statutory summary
28 suspension by mailing a notice of the effective date of the
29 suspension to the person and to the court of venue if the
30 person was given a citation at the time of the notice of
31 suspension by the law enforcement officer and the person's
32 driver's license was forwarded to the court. If the sworn
33 report is defective because it does not contain sufficient
34 information or it has been completed in error, the confirmation
35 of the statutory summary suspension must not be mailed to the
36 person or entered to the record; instead, the sworn report must

 

 

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1 be returned to the issuing agency, identifying any defect.
2     (g) A driver may contest the suspension of his or her
3 driving privileges by requesting an administrative hearing
4 with the Secretary in accordance with Section 2-118 of this
5 Code. The administrative hearing shall be held within 30 days
6 of the request unless the person requests a continuance. The
7 petition for this hearing does not stay or delay the effective
8 date of the impending suspension. The scope of the hearing
9 shall be limited to the issues of:
10         (1) whether the officer had reasonable suspicion based
11     on specific and articulable facts and inferences from those
12     facts to believe that the person was driving or in actual
13     physical control of a motor vehicle upon the public
14     highways of this State while under the influence of
15     alcohol, another drug, or a combination of both, or
16     intoxicating compounds; and
17         (2) whether the person, after being advised by the law
18     enforcement officer that the privilege to operate a motor
19     vehicle would be suspended if the person refused to submit
20     to and complete a field sobriety test or tests or a
21     preliminary breath screening test, refused to submit to or
22     complete such test.
23     The hearing may be conducted upon a review of the law
24 enforcement officer's own official reports; however, the
25 person may subpoena the officer. Failure of the officer to
26 answer the subpoena shall be considered grounds for the person
27 to obtain a continuance if, in the opinion of the hearing
28 officer, the continuance is appropriate. At the conclusion of
29 the hearing, the Secretary may rescind, continue or modify the
30 order of suspension. If the Secretary does not rescind the
31 sanction, and the person is a first offender as defined by
32 Section 11-500, upon application being made and good cause
33 shown, the Secretary may issue the person a restricted driving
34 permit effective no sooner than the 31st day following the date
35 on which the statutory summary suspension took effect. The
36 restricted driving permit may be granted to relieve undue

 

 

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1 hardship by allowing driving for employment, educational, and
2 medical purposes outlined in item (3) of subsection (c) of
3 Section 6-206 of this Code. The provisions of item (3) of
4 subsection (c) of Section 6-206 shall apply.
5     (h) When specific and articulable facts and the inferences
6 from those facts give rise to a rational basis for concluding
7 that the driver of a vehicle is impaired from alcohol, drugs,
8 intoxicating compounds or a combination of them to the extent
9 that the continued operation of the vehicle by the driver would
10 constitute a clear and present danger to any person, the law
11 enforcement officer may secure the driver's vehicle for up to
12 24 hours. For the purpose of this subsection, "secure" means
13 that the officer may: (i) direct the driver not to operate the
14 vehicle; (ii) take possession of the driver's vehicle keys,
15 (iii) impound the vehicle, or (iv) take other reasonable steps
16 to ensure the driver does not operate the vehicle. If the
17 vehicle is impounded, the driver shall be liable for all costs
18 of impoundment. The law enforcement officer may release the
19 vehicle to a person other than the driver if: (i) that other
20 person is the owner or renter of the vehicle or the driver is
21 owner of the vehicle and gives permission to the other person
22 to operate the vehicle and (ii) the other person possesses a
23 valid operator's license and would not, as determined by the
24 law enforcement officer, either have a lack of ability to
25 operate the vehicle in a safe manner or be operating the
26 vehicle in violation of this Code.
 
27     Section 10. The Unified Code of Corrections is amended by
28 changing Section 5-6-1 as follows:
 
29     (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
30     Sec. 5-6-1. Sentences of Probation and of Conditional
31 Discharge and Disposition of Supervision. The General Assembly
32 finds that in order to protect the public, the criminal justice
33 system must compel compliance with the conditions of probation
34 by responding to violations with swift, certain and fair

 

 

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1 punishments and intermediate sanctions. The Chief Judge of each
2 circuit shall adopt a system of structured, intermediate
3 sanctions for violations of the terms and conditions of a
4 sentence of probation, conditional discharge or disposition of
5 supervision.
6     (a) Except where specifically prohibited by other
7 provisions of this Code, the court shall impose a sentence of
8 probation or conditional discharge upon an offender unless,
9 having regard to the nature and circumstance of the offense,
10 and to the history, character and condition of the offender,
11 the court is of the opinion that:
12         (1) his imprisonment or periodic imprisonment is
13     necessary for the protection of the public; or
14         (2) probation or conditional discharge would deprecate
15     the seriousness of the offender's conduct and would be
16     inconsistent with the ends of justice.
17     The court shall impose as a condition of a sentence of
18 probation, conditional discharge, or supervision, that the
19 probation agency may invoke any sanction from the list of
20 intermediate sanctions adopted by the chief judge of the
21 circuit court for violations of the terms and conditions of the
22 sentence of probation, conditional discharge, or supervision,
23 subject to the provisions of Section 5-6-4 of this Act.
24     (b) The court may impose a sentence of conditional
25 discharge for an offense if the court is of the opinion that
26 neither a sentence of imprisonment nor of periodic imprisonment
27 nor of probation supervision is appropriate.
28     (c) The court may, upon a plea of guilty or a stipulation
29 by the defendant of the facts supporting the charge or a
30 finding of guilt, defer further proceedings and the imposition
31 of a sentence, and enter an order for supervision of the
32 defendant, if the defendant is not charged with: (i) a Class A
33 misdemeanor, as defined by the following provisions of the
34 Criminal Code of 1961: Sections 12-3.2; 12-15; 26-5; 31-1;
35 31-6; 31-7; subsections (b) and (c) of Section 21-1; paragraph
36 (1) through (5), (8), (10), and (11) of subsection (a) of

 

 

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1 Section 24-1; (ii) a Class A misdemeanor violation of Section
2 3.01, 3.03-1, or 4.01 of the Humane Care for Animals Act; or
3 (iii) felony. If the defendant is not barred from receiving an
4 order for supervision as provided in this subsection, the court
5 may enter an order for supervision after considering the
6 circumstances of the offense, and the history, character and
7 condition of the offender, if the court is of the opinion that:
8         (1) the offender is not likely to commit further
9     crimes;
10         (2) the defendant and the public would be best served
11     if the defendant were not to receive a criminal record; and
12         (3) in the best interests of justice an order of
13     supervision is more appropriate than a sentence otherwise
14     permitted under this Code.
15     (d) The provisions of paragraph (c) shall not apply to a
16 defendant charged with violating Section 11-501 of the Illinois
17 Vehicle Code or a similar provision of a local ordinance when
18 the defendant has previously been:
19         (1) convicted for a violation of Section 11-501 of the
20     Illinois Vehicle Code or a similar provision of a local
21     ordinance or any similar law or ordinance of another state;
22     or
23         (2) assigned supervision for a violation of Section
24     11-501 of the Illinois Vehicle Code or a similar provision
25     of a local ordinance or any similar law or ordinance of
26     another state; or
27         (3) pleaded guilty to or stipulated to the facts
28     supporting a charge or a finding of guilty to a violation
29     of Section 11-503 of the Illinois Vehicle Code or a similar
30     provision of a local ordinance or any similar law or
31     ordinance of another state, and the plea or stipulation was
32     the result of a plea agreement.
33     The court shall consider the statement of the prosecuting
34 authority with regard to the standards set forth in this
35 Section.
36     (e) The provisions of paragraph (c) shall not apply to a

 

 

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1 defendant charged with violating Section 16A-3 of the Criminal
2 Code of 1961 if said defendant has within the last 5 years
3 been:
4         (1) convicted for a violation of Section 16A-3 of the
5     Criminal Code of 1961; or
6         (2) assigned supervision for a violation of Section
7     16A-3 of the Criminal Code of 1961 or similar provision of
8     an out-of-state jurisdiction.
9     The court shall consider the statement of the prosecuting
10 authority with regard to the standards set forth in this
11 Section.
12     (f) The provisions of paragraph (c) shall not apply to a
13 defendant charged with violating Sections 15-111, 15-112,
14 15-301, paragraph (b) of Section 6-104, Section 11-605, or
15 Section 11-1414 of the Illinois Vehicle Code or a similar
16 provision of a local ordinance or out-of-state jurisdiction.
17     (g) Except as otherwise provided in paragraph (i) of this
18 Section, the provisions of paragraph (c) shall not apply to a
19 defendant charged with violating Section 3-707, 3-708, 3-710,
20 or 5-401.3 of the Illinois Vehicle Code or a similar provision
21 of a local ordinance if the defendant has within the last 5
22 years been:
23         (1) convicted for a violation of Section 3-707, 3-708,
24     3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
25     provision of a local ordinance or out-of-state
26     jurisdiction; or
27         (2) assigned supervision for a violation of Section
28     3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
29     Code or a similar provision of a local ordinance or
30     out-of-state jurisdiction.
31     The court shall consider the statement of the prosecuting
32 authority with regard to the standards set forth in this
33 Section.
34     (h) The provisions of paragraph (c) shall not apply to a
35 defendant under the age of 21 years charged with violating a
36 serious traffic offense as defined in Section 1-187.001 of the

 

 

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1 Illinois Vehicle Code:
2         (1) unless the defendant, upon payment of the fines,
3     penalties, and costs provided by law, agrees to attend and
4     successfully complete a traffic safety program approved by
5     the court under standards set by the Conference of Chief
6     Circuit Judges. The accused shall be responsible for
7     payment of any traffic safety program fees. If the accused
8     fails to file a certificate of successful completion on or
9     before the termination date of the supervision order, the
10     supervision shall be summarily revoked and conviction
11     entered. The provisions of Supreme Court Rule 402 relating
12     to pleas of guilty do not apply in cases when a defendant
13     enters a guilty plea under this provision; or
14         (2) if the defendant has previously been sentenced
15     under the provisions of paragraph (c) on or after January
16     1, 1998 for any serious traffic offense as defined in
17     Section 1-187.001 of the Illinois Vehicle Code.
18     (i) The provisions of paragraph (c) shall not apply to a
19 defendant charged with violating Section 3-707 of the Illinois
20 Vehicle Code or a similar provision of a local ordinance if the
21 defendant has been assigned supervision for a violation of
22 Section 3-707 of the Illinois Vehicle Code or a similar
23 provision of a local ordinance or out-of-state jurisdiction.
24     (j) The provisions of paragraph (c) shall not apply to a
25 defendant charged with violating Section 6-303 of the Illinois
26 Vehicle Code or a similar provision of a local ordinance or
27 out-of-state jurisdiction when the revocation or suspension
28 was for a violation of Section 11-501 or a similar provision of
29 a local ordinance, a failure to submit to a chemical test or
30 tests of blood, breath, or urine pursuant to violation of
31 Section 11-501.1 or to a preliminary breath screening test or a
32 field sobriety test or tests pursuant to Section 11-501.9 of
33 the Illinois Vehicle Code, a violation of or paragraph (b) of
34 Section 11-401 of the Illinois Vehicle Code, or a violation of
35 Section 9-3 of the Criminal Code of 1961 if the defendant has
36 within the last 10 years been:

 

 

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1         (1) convicted for a violation of Section 6-303 of the
2     Illinois Vehicle Code or a similar provision of a local
3     ordinance or out-of-state jurisdiction; or
4         (2) assigned supervision for a violation of Section
5     6-303 of the Illinois Vehicle Code or a similar provision
6     of a local ordinance or out-of-state jurisdiction.
7 (Source: P.A. 93-388, eff. 7-25-03.)
 
8     Section 99. Effective date. This Act takes effect on
9 January 1, 2005.