Sen. M. Maggie Crotty

Filed: 3/16/2010

 

 


 

 


 
09600SB3732sam003 LRB096 20624 AJT 39087 a

1
AMENDMENT TO SENATE BILL 3732

2     AMENDMENT NO. ______. Amend Senate Bill 3732, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 2-118.1, 6-106.1a, 6-118, 6-205, 6-206,
7 6-208.1, 6-303, 6-520, 11-401, 11-500, 11-501.1, 11-501.6, and
8 11-501.8 and by adding Section 1-197.6 as follows:
 
9     (625 ILCS 5/1-197.6 new)
10     Sec. 1-197.6. Statutory summary revocation of driving
11 privileges. The revocation by the Secretary of State of a
12 person's license or privilege to operate a motor vehicle on the
13 public highways for the period provided in Section 6-208.1.
14 Reinstatement after the revocation period shall occur after the
15 person has been approved for reinstatement through an
16 administrative hearing with the Secretary of State, has filed

 

 

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1 proof of financial responsibility, has paid the reinstatement
2 fee as provided in Section 6-118, and has successfully
3 completed all necessary examinations. The basis for this
4 revocation of driving privileges shall be the individual's
5 refusal to submit to or failure to complete a chemical test or
6 tests following an arrest for the offense of driving under the
7 influence of alcohol, other drugs, or intoxicating compounds,
8 or any combination thereof involving a motor vehicle accident
9 that caused personal injury or death to another, as provided in
10 Section 11-501.1 of this Code.
 
11     (625 ILCS 5/2-118.1)  (from Ch. 95 1/2, par. 2-118.1)
12     Sec. 2-118.1. Opportunity for hearing; statutory summary
13 alcohol or other drug related suspension or revocation pursuant
14 to Section 11-501.1.
15     (a) A statutory summary suspension or revocation of driving
16 privileges under Section 11-501.1 shall not become effective
17 until the person is notified in writing of the impending
18 suspension or revocation and informed that he may request a
19 hearing in the circuit court of venue under paragraph (b) of
20 this Section and the statutory summary suspension or revocation
21 shall become effective as provided in Section 11-501.1.
22     (b) Within 90 days after the notice of statutory summary
23 suspension or revocation served under Section 11-501.1, the
24 person may make a written request for a judicial hearing in the
25 circuit court of venue. The request to the circuit court shall

 

 

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1 state the grounds upon which the person seeks to have the
2 statutory summary suspension or revocation rescinded. Within
3 30 days after receipt of the written request or the first
4 appearance date on the Uniform Traffic Ticket issued pursuant
5 to a violation of Section 11-501, or a similar provision of a
6 local ordinance, the hearing shall be conducted by the circuit
7 court having jurisdiction. This judicial hearing, request, or
8 process shall not stay or delay the statutory summary
9 suspension or revocation. The hearings shall proceed in the
10 court in the same manner as in other civil proceedings.
11     The hearing may be conducted upon a review of the law
12 enforcement officer's own official reports; provided however,
13 that the person may subpoena the officer. Failure of the
14 officer to answer the subpoena shall be considered grounds for
15 a continuance if in the court's discretion the continuance is
16 appropriate.
17     The scope of the hearing shall be limited to the issues of:
18         1. Whether the person was placed under arrest for an
19     offense as defined in Section 11-501, or a similar
20     provision of a local ordinance, as evidenced by the
21     issuance of a Uniform Traffic Ticket, or issued a Uniform
22     Traffic Ticket out of state as provided in subsection (a)
23     of Section 11-501.1; and
24         2. Whether the officer had reasonable grounds to
25     believe that the person was driving or in actual physical
26     control of a motor vehicle upon a highway while under the

 

 

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

 

 

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1 court shall sustain or rescind the statutory summary suspension
2 or revocation and immediately notify the Secretary of State.
3 Reports received by the Secretary of State under this Section
4 shall be privileged information and for use only by the courts,
5 police officers, and Secretary of State.
6 (Source: P.A. 95-355, eff. 1-1-08.)
 
7     (625 ILCS 5/6-106.1a)
8     Sec. 6-106.1a. Cancellation of school bus driver permit;
9 trace of alcohol.
10     (a) A person who has been issued a school bus driver permit
11 by the Secretary of State in accordance with Section 6-106.1 of
12 this Code and who drives or is in actual physical control of a
13 school bus or any other vehicle owned or operated by or for a
14 public or private school, or a school operated by a religious
15 institution, when the vehicle is being used over a regularly
16 scheduled route for the transportation of persons enrolled as
17 students in grade 12 or below, in connection with any activity
18 of the entities listed, upon the public highways of this State
19 shall be deemed to have given consent to a chemical test or
20 tests of blood, breath, or urine for the purpose of determining
21 the alcohol content of the person's blood if arrested, as
22 evidenced by the issuance of a Uniform Traffic Ticket for any
23 violation of this Code or a similar provision of a local
24 ordinance, if a police officer has probable cause to believe
25 that the driver has consumed any amount of an alcoholic

 

 

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1 beverage based upon evidence of the driver's physical condition
2 or other first hand knowledge of the police officer. The test
3 or tests shall be administered at the direction of the
4 arresting officer. The law enforcement agency employing the
5 officer shall designate which of the aforesaid tests shall be
6 administered. A urine test may be administered even after a
7 blood or breath test or both has been administered.
8     (b) A person who is dead, unconscious, or who is otherwise
9 in a condition rendering that person incapable of refusal,
10 shall be deemed not to have withdrawn the consent provided by
11 paragraph (a) of this Section and the test or tests may be
12 administered subject to the following provisions:
13         (1) Chemical analysis of the person's blood, urine,
14     breath, or other substance, to be considered valid under
15     the provisions of this Section, shall have been performed
16     according to standards promulgated by the Department of
17     State Police by an individual possessing a valid permit
18     issued by the Department of State Police for this purpose.
19     The Director of State Police is authorized to approve
20     satisfactory techniques or methods, to ascertain the
21     qualifications and competence of individuals to conduct
22     analyses, to issue permits that shall be subject to
23     termination or revocation at the direction of the
24     Department of State Police, and to certify the accuracy of
25     breath testing equipment. The Department of State Police
26     shall prescribe rules as necessary.

 

 

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1         (2) When a person submits to a blood test at the
2     request of a law enforcement officer under the provisions
3     of this Section, only a physician authorized to practice
4     medicine, a registered nurse, or other qualified person
5     trained in venipuncture and acting under the direction of a
6     licensed physician may withdraw blood for the purpose of
7     determining the alcohol content. This limitation does not
8     apply to the taking of breath or urine specimens.
9         (3) The person tested may have a physician, qualified
10     technician, chemist, registered nurse, or other qualified
11     person of his or her own choosing administer a chemical
12     test or tests in addition to any test or tests administered
13     at the direction of a law enforcement officer. The test
14     administered at the request of the person may be admissible
15     into evidence at a hearing conducted in accordance with
16     Section 2-118 of this Code. The failure or inability to
17     obtain an additional test by a person shall not preclude
18     the consideration of the previously performed chemical
19     test.
20         (4) Upon a request of the person who submits to a
21     chemical test or tests at the request of a law enforcement
22     officer, full information concerning the test or tests
23     shall be made available to the person or that person's
24     attorney by the requesting law enforcement agency within 72
25     hours of receipt of the test result.
26         (5) Alcohol concentration means either grams of

 

 

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1     alcohol per 100 milliliters of blood or grams of alcohol
2     per 210 liters of breath.
3         (6) If a driver is receiving medical treatment as a
4     result of a motor vehicle accident, a physician licensed to
5     practice medicine, registered nurse, or other qualified
6     person trained in venipuncture and acting under the
7     direction of a licensed physician shall withdraw blood for
8     testing purposes to ascertain the presence of alcohol upon
9     the specific request of a law enforcement officer. However,
10     that testing shall not be performed until, in the opinion
11     of the medical personnel on scene, the withdrawal can be
12     made without interfering with or endangering the
13     well-being of the patient.
14     (c) A person requested to submit to a test as provided in
15 this Section shall be warned by the law enforcement officer
16 requesting the test that a refusal to submit to the test, or
17 submission to the test resulting in an alcohol concentration of
18 more than 0.00, may result in the loss of that person's
19 privilege to possess a school bus driver permit. The loss of
20 the individual's privilege to possess a school bus driver
21 permit shall be imposed in accordance with Section 6-106.1b of
22 this Code.
23     (d) If the person refuses testing or submits to a test that
24 discloses an alcohol concentration of more than 0.00, the law
25 enforcement officer shall immediately submit a sworn report to
26 the Secretary of State on a form prescribed by the Secretary of

 

 

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1 State certifying that the test or tests were requested under
2 subsection (a) and the person refused to submit to a test or
3 tests or submitted to testing which disclosed an alcohol
4 concentration of more than 0.00. The law enforcement officer
5 shall submit the same sworn report when a person who has been
6 issued a school bus driver permit and who was operating a
7 school bus or any other vehicle owned or operated by or for a
8 public or private school, or a school operated by a religious
9 institution, when the vehicle is being used over a regularly
10 scheduled route for the transportation of persons enrolled as
11 students in grade 12 or below, in connection with any activity
12 of the entities listed, submits to testing under Section
13 11-501.1 of this Code and the testing discloses an alcohol
14 concentration of more than 0.00 and less than the alcohol
15 concentration at which driving or being in actual physical
16 control of a motor vehicle is prohibited under paragraph (1) of
17 subsection (a) of Section 11-501.
18     Upon receipt of the sworn report of a law enforcement
19 officer, the Secretary of State shall enter the school bus
20 driver permit sanction on the individual's driving record and
21 the sanction shall be effective on the 46th day following the
22 date notice of the sanction was given to the person.
23     The law enforcement officer submitting the sworn report
24 shall serve immediate notice of this school bus driver permit
25 sanction on the person and the sanction shall be effective on
26 the 46th day following the date notice was given.

 

 

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1     In cases where the blood alcohol concentration of more than
2 0.00 is established by a subsequent analysis of blood or urine,
3 the police officer or arresting agency shall give notice as
4 provided in this Section or by deposit in the United States
5 mail of that notice in an envelope with postage prepaid and
6 addressed to that person at his or her last known address and
7 the loss of the school bus driver permit shall be effective on
8 the 46th day following the date notice was given.
9     Upon receipt of the sworn report of a law enforcement
10 officer, the Secretary of State shall also give notice of the
11 school bus driver permit sanction to the driver and the
12 driver's current employer by mailing a notice of the effective
13 date of the sanction to the individual. However, shall the
14 sworn report be defective by not containing sufficient
15 information or be completed in error, the notice of the school
16 bus driver permit sanction may not be mailed to the person or
17 his current employer or entered to the driving record, but
18 rather the sworn report shall be returned to the issuing law
19 enforcement agency.
20     (e) A driver may contest this school bus driver permit
21 sanction by requesting an administrative hearing with the
22 Secretary of State in accordance with Section 2-118 of this
23 Code. An individual whose blood alcohol concentration is shown
24 to be more than 0.00 is not subject to this Section if he or she
25 consumed alcohol in the performance of a religious service or
26 ceremony. An individual whose blood alcohol concentration is

 

 

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1 shown to be more than 0.00 shall not be subject to this Section
2 if the individual's blood alcohol concentration resulted only
3 from ingestion of the prescribed or recommended dosage of
4 medicine that contained alcohol. The petition for that hearing
5 shall not stay or delay the effective date of the impending
6 suspension. The scope of this hearing shall be limited to the
7 issues of:
8         (1) whether the police officer had probable cause to
9     believe that the person was driving or in actual physical
10     control of a school bus or any other vehicle owned or
11     operated by or for a public or private school, or a school
12     operated by a religious institution, when the vehicle is
13     being used over a regularly scheduled route for the
14     transportation of persons enrolled as students in grade 12
15     or below, in connection with any activity of the entities
16     listed, upon the public highways of the State and the
17     police officer had reason to believe that the person was in
18     violation of any provision of this Code or a similar
19     provision of a local ordinance; and
20         (2) whether the person was issued a Uniform Traffic
21     Ticket for any violation of this Code or a similar
22     provision of a local ordinance; and
23         (3) whether the police officer had probable cause to
24     believe that the driver had consumed any amount of an
25     alcoholic beverage based upon the driver's physical
26     actions or other first-hand knowledge of the police

 

 

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1     officer; and
2         (4) whether the person, after being advised by the
3     officer that the privilege to possess a school bus driver
4     permit would be canceled if the person refused to submit to
5     and complete the test or tests, did refuse to submit to or
6     complete the test or tests to determine the person's
7     alcohol concentration; and
8         (5) whether the person, after being advised by the
9     officer that the privileges to possess a school bus driver
10     permit would be canceled if the person submits to a
11     chemical test or tests and the test or tests disclose an
12     alcohol concentration of more than 0.00 and the person did
13     submit to and complete the test or tests that determined an
14     alcohol concentration of more than 0.00; and
15         (6) whether the test result of an alcohol concentration
16     of more than 0.00 was based upon the person's consumption
17     of alcohol in the performance of a religious service or
18     ceremony; and
19         (7) whether the test result of an alcohol concentration
20     of more than 0.00 was based upon the person's consumption
21     of alcohol through ingestion of the prescribed or
22     recommended dosage of medicine.
23     The Secretary of State may adopt administrative rules
24 setting forth circumstances under which the holder of a school
25 bus driver permit is not required to appear in person at the
26 hearing.

 

 

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1     Provided that the petitioner may subpoena the officer, the
2 hearing may be conducted upon a review of the law enforcement
3 officer's own official reports. Failure of the officer to
4 answer the subpoena shall be grounds for a continuance if, in
5 the hearing officer's discretion, the continuance is
6 appropriate. At the conclusion of the hearing held under
7 Section 2-118 of this Code, the Secretary of State may rescind,
8 continue, or modify the school bus driver permit sanction.
9     (f) The results of any chemical testing performed in
10 accordance with subsection (a) of this Section are not
11 admissible in any civil or criminal proceeding, except that the
12 results of the testing may be considered at a hearing held
13 under Section 2-118 of this Code. However, the results of the
14 testing may not be used to impose driver's license sanctions
15 under Section 11-501.1 of this Code. A law enforcement officer
16 may, however, pursue a statutory summary suspension or
17 revocation of driving privileges under Section 11-501.1 of this
18 Code if other physical evidence or first hand knowledge forms
19 the basis of that suspension or revocation.
20     (g) This Section applies only to drivers who have been
21 issued a school bus driver permit in accordance with Section
22 6-106.1 of this Code at the time of the issuance of the Uniform
23 Traffic Ticket for a violation of this Code or a similar
24 provision of a local ordinance, and a chemical test request is
25 made under this Section.
26     (h) The action of the Secretary of State in suspending,

 

 

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1 revoking, canceling, or denying any license, permit,
2 registration, or certificate of title shall be subject to
3 judicial review in the Circuit Court of Sangamon County or in
4 the Circuit Court of Cook County, and the provisions of the
5 Administrative Review Law and its rules are hereby adopted and
6 shall apply to and govern every action for the judicial review
7 of final acts or decisions of the Secretary of State under this
8 Section.
9 (Source: P.A. 90-107, eff. 1-1-98; 91-124, eff. 7-16-99;
10 91-828, eff. 1-1-01.)
 
11     (625 ILCS 5/6-118)  (from Ch. 95 1/2, par. 6-118)
12     Sec. 6-118. Fees.
13     (a) The fee for licenses and permits under this Article is
14 as follows:
15     Original driver's license.............................$30
16     Original or renewal driver's license
17         issued to 18, 19 and 20 year olds.................. 5
18     All driver's licenses for persons
19         age 69 through age 80.............................. 5
20     All driver's licenses for persons
21         age 81 through age 86.............................. 2
22     All driver's licenses for persons
23         age 87 or older.....................................0
24     Renewal driver's license (except for
25         applicants ages 18, 19 and 20 or

 

 

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1         age 69 and older)..................................30
2     Original instruction permit issued to
3         persons (except those age 69 and older)
4         who do not hold or have not previously
5         held an Illinois instruction permit or
6         driver's license.................................. 20
7     Instruction permit issued to any person
8         holding an Illinois driver's license
9         who wishes a change in classifications,
10         other than at the time of renewal.................. 5
11     Any instruction permit issued to a person
12         age 69 and older................................... 5
13     Instruction permit issued to any person,
14         under age 69, not currently holding a
15         valid Illinois driver's license or
16         instruction permit but who has
17         previously been issued either document
18         in Illinois....................................... 10
19     Restricted driving permit.............................. 8
20     Monitoring device driving permit...................... 8
21     Duplicate or corrected driver's license
22         or permit.......................................... 5
23     Duplicate or corrected restricted
24         driving permit..................................... 5
25     Duplicate or corrected monitoring
26     device driving permit.................................. 5

 

 

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1     Original or renewal M or L endorsement................. 5
2 SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE
3         The fees for commercial driver licenses and permits
4     under Article V shall be as follows:
5     Commercial driver's license:
6         $6 for the CDLIS/AAMVAnet Fund
7         (Commercial Driver's License Information
8         System/American Association of Motor Vehicle
9         Administrators network Trust Fund);
10         $20 for the Motor Carrier Safety Inspection Fund;
11         $10 for the driver's license;
12         and $24 for the CDL:............................. $60
13     Renewal commercial driver's license:
14         $6 for the CDLIS/AAMVAnet Trust Fund;
15         $20 for the Motor Carrier Safety Inspection Fund;
16         $10 for the driver's license; and
17         $24 for the CDL:................................. $60
18     Commercial driver instruction permit
19         issued to any person holding a valid
20         Illinois driver's license for the
21         purpose of changing to a
22         CDL classification: $6 for the
23         CDLIS/AAMVAnet Trust Fund;
24         $20 for the Motor Carrier
25         Safety Inspection Fund; and
26         $24 for the CDL classification................... $50

 

 

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1     Commercial driver instruction permit
2         issued to any person holding a valid
3         Illinois CDL for the purpose of
4         making a change in a classification,
5         endorsement or restriction........................ $5
6     CDL duplicate or corrected license.................... $5
7     In order to ensure the proper implementation of the Uniform
8 Commercial Driver License Act, Article V of this Chapter, the
9 Secretary of State is empowered to pro-rate the $24 fee for the
10 commercial driver's license proportionate to the expiration
11 date of the applicant's Illinois driver's license.
12     The fee for any duplicate license or permit shall be waived
13 for any person age 60 or older who presents the Secretary of
14 State's office with a police report showing that his license or
15 permit was stolen.
16     No additional fee shall be charged for a driver's license,
17 or for a commercial driver's license, when issued to the holder
18 of an instruction permit for the same classification or type of
19 license who becomes eligible for such license.
20     (b) Any person whose license or privilege to operate a
21 motor vehicle in this State has been suspended or revoked under
22 Section 3-707, any provision of Chapter 6, Chapter 11, or
23 Section 7-205, 7-303, or 7-702 of the Family Financial
24 Responsibility Law of this Code, shall in addition to any other
25 fees required by this Code, pay a reinstatement fee as follows:
26     Suspension under Section 3-707..................... $100

 

 

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1     Summary suspension under Section 11-501.1...........$250
2     Summary revocation under Section 11-501.1...........$500
3     Other suspension......................................$70
4     Revocation...........................................$500
5     However, any person whose license or privilege to operate a
6 motor vehicle in this State has been suspended or revoked for a
7 second or subsequent time for a violation of Section 11-501 or
8 11-501.1 of this Code or a similar provision of a local
9 ordinance or a similar out-of-state offense or Section 9-3 of
10 the Criminal Code of 1961 and each suspension or revocation was
11 for a violation of Section 11-501 or 11-501.1 of this Code or a
12 similar provision of a local ordinance or a similar
13 out-of-state offense or Section 9-3 of the Criminal Code of
14 1961 shall pay, in addition to any other fees required by this
15 Code, a reinstatement fee as follows:
16     Summary suspension under Section 11-501.1............$500
17     Summary revocation under Section 11-501.1...........$500
18     Revocation...........................................$500
19     (c) All fees collected under the provisions of this Chapter
20 6 shall be paid into the Road Fund in the State Treasury except
21 as follows:
22         1. The following amounts shall be paid into the Driver
23     Education Fund:
24             (A) $16 of the $20 fee for an original driver's
25         instruction permit;
26             (B) $5 of the $30 fee for an original driver's

 

 

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1         license;
2             (C) $5 of the $30 fee for a 4 year renewal driver's
3         license;
4             (D) $4 of the $8 fee for a restricted driving
5         permit; and
6             (E) $4 of the $8 fee for a monitoring device
7         driving permit.
8         2. $30 of the $250 fee for reinstatement of a license
9     summarily suspended under Section 11-501.1 shall be
10     deposited into the Drunk and Drugged Driving Prevention
11     Fund. However, for a person whose license or privilege to
12     operate a motor vehicle in this State has been suspended or
13     revoked for a second or subsequent time for a violation of
14     Section 11-501 or 11-501.1 of this Code or Section 9-3 of
15     the Criminal Code of 1961, $190 of the $500 fee for
16     reinstatement of a license summarily suspended under
17     Section 11-501.1, and $190 of the $500 fee for
18     reinstatement of a revoked license shall be deposited into
19     the Drunk and Drugged Driving Prevention Fund. $190 of the
20     $500 fee for reinstatement of a license summarily revoked
21     pursuant to Section 11-501.1 shall be deposited into the
22     Drunk and Drugged Driving Prevention Fund.
23         3. $6 of such original or renewal fee for a commercial
24     driver's license and $6 of the commercial driver
25     instruction permit fee when such permit is issued to any
26     person holding a valid Illinois driver's license, shall be

 

 

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1     paid into the CDLIS/AAMVAnet Trust Fund.
2         4. $30 of the $70 fee for reinstatement of a license
3     suspended under the Family Financial Responsibility Law
4     shall be paid into the Family Responsibility Fund.
5         5. The $5 fee for each original or renewal M or L
6     endorsement shall be deposited into the Cycle Rider Safety
7     Training Fund.
8         6. $20 of any original or renewal fee for a commercial
9     driver's license or commercial driver instruction permit
10     shall be paid into the Motor Carrier Safety Inspection
11     Fund.
12         7. The following amounts shall be paid into the General
13     Revenue Fund:
14             (A) $190 of the $250 reinstatement fee for a
15         summary suspension under Section 11-501.1;
16             (B) $40 of the $70 reinstatement fee for any other
17         suspension provided in subsection (b) of this Section;
18         and
19             (C) $440 of the $500 reinstatement fee for a first
20         offense revocation and $310 of the $500 reinstatement
21         fee for a second or subsequent revocation.
22     (d) All of the proceeds of the additional fees imposed by
23 this amendatory Act of the 96th General Assembly shall be
24 deposited into the Capital Projects Fund.
25     (e) The additional fees imposed by this amendatory Act of
26 the 96th General Assembly shall become effective 90 days after

 

 

09600SB3732sam003 - 21 - LRB096 20624 AJT 39087 a

1 becoming law.
2 (Source: P.A. 95-855, eff. 1-1-09; 96-34, eff. 7-13-09; 96-38,
3 eff. 7-13-09.)
 
4     (625 ILCS 5/6-205)  (from Ch. 95 1/2, par. 6-205)
5     Sec. 6-205. Mandatory revocation of license or permit;
6 Hardship cases.
7     (a) Except as provided in this Section, the Secretary of
8 State shall immediately revoke the license, permit, or driving
9 privileges of any driver upon receiving a report of the
10 driver's conviction of any of the following offenses:
11         1. Reckless homicide resulting from the operation of a
12     motor vehicle;
13         2. Violation of Section 11-501 of this Code or a
14     similar provision of a local ordinance relating to the
15     offense of operating or being in physical control of a
16     vehicle while under the influence of alcohol, other drug or
17     drugs, intoxicating compound or compounds, or any
18     combination thereof;
19         3. Any felony under the laws of any State or the
20     federal government in the commission of which a motor
21     vehicle was used;
22         4. Violation of Section 11-401 of this Code relating to
23     the offense of leaving the scene of a traffic accident
24     involving death or personal injury;
25         5. Perjury or the making of a false affidavit or

 

 

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1     statement under oath to the Secretary of State under this
2     Code or under any other law relating to the ownership or
3     operation of motor vehicles;
4         6. Conviction upon 3 charges of violation of Section
5     11-503 of this Code relating to the offense of reckless
6     driving committed within a period of 12 months;
7         7. Conviction of any offense defined in Section 4-102
8     of this Code;
9         8. Violation of Section 11-504 of this Code relating to
10     the offense of drag racing;
11         9. Violation of Chapters 8 and 9 of this Code;
12         10. Violation of Section 12-5 of the Criminal Code of
13     1961 arising from the use of a motor vehicle;
14         11. Violation of Section 11-204.1 of this Code relating
15     to aggravated fleeing or attempting to elude a peace
16     officer;
17         12. Violation of paragraph (1) of subsection (b) of
18     Section 6-507, or a similar law of any other state,
19     relating to the unlawful operation of a commercial motor
20     vehicle;
21         13. Violation of paragraph (a) of Section 11-502 of
22     this Code or a similar provision of a local ordinance if
23     the driver has been previously convicted of a violation of
24     that Section or a similar provision of a local ordinance
25     and the driver was less than 21 years of age at the time of
26     the offense;

 

 

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1         14. Violation of paragraph (a) of Section 11-506 of
2     this Code or a similar provision of a local ordinance
3     relating to the offense of street racing;
4         15. A second or subsequent conviction of driving while
5     the person's driver's license, permit or privileges was
6     revoked for reckless homicide or a similar out-of-state
7     offense.
8     (b) The Secretary of State shall also immediately revoke
9 the license or permit of any driver in the following
10 situations:
11         1. Of any minor upon receiving the notice provided for
12     in Section 5-901 of the Juvenile Court Act of 1987 that the
13     minor has been adjudicated under that Act as having
14     committed an offense relating to motor vehicles prescribed
15     in Section 4-103 of this Code;
16         2. Of any person when any other law of this State
17     requires either the revocation or suspension of a license
18     or permit;
19         3. Of any person adjudicated under the Juvenile Court
20     Act of 1987 based on an offense determined to have been
21     committed in furtherance of the criminal activities of an
22     organized gang as provided in Section 5-710 of that Act,
23     and that involved the operation or use of a motor vehicle
24     or the use of a driver's license or permit. The revocation
25     shall remain in effect for the period determined by the
26     court. Upon the direction of the court, the Secretary shall

 

 

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1     issue the person a judicial driving permit, also known as a
2     JDP. The JDP shall be subject to the same terms as a JDP
3     issued under Section 6-206.1, except that the court may
4     direct that a JDP issued under this subdivision (b)(3) be
5     effective immediately.
6     (c)(1) Except as provided in subsection (c-5), whenever a
7 person is convicted of any of the offenses enumerated in this
8 Section, the court may recommend and the Secretary of State in
9 his discretion, without regard to whether the recommendation is
10 made by the court may, upon application, issue to the person a
11 restricted driving permit granting the privilege of driving a
12 motor vehicle between the petitioner's residence and
13 petitioner's place of employment or within the scope of the
14 petitioner's employment related duties, or to allow the
15 petitioner to transport himself or herself or a family member
16 of the petitioner's household to a medical facility for the
17 receipt of necessary medical care or to allow the petitioner to
18 transport himself or herself to and from alcohol or drug
19 remedial or rehabilitative activity recommended by a licensed
20 service provider, or to allow the petitioner to transport
21 himself or herself or a family member of the petitioner's
22 household to classes, as a student, at an accredited
23 educational institution, or to allow the petitioner to
24 transport children living in the petitioner's household to and
25 from daycare; if the petitioner is able to demonstrate that no
26 alternative means of transportation is reasonably available

 

 

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1 and that the petitioner will not endanger the public safety or
2 welfare; provided that the Secretary's discretion shall be
3 limited to cases where undue hardship, as defined by the rules
4 of the Secretary of State, would result from a failure to issue
5 the restricted driving permit. Those multiple offenders
6 identified in subdivision (b)4 of Section 6-208 of this Code,
7 however, shall not be eligible for the issuance of a restricted
8 driving permit.
9         (2) If a person's license or permit is revoked or
10     suspended due to 2 or more convictions of violating Section
11     11-501 of this Code or a similar provision of a local
12     ordinance or a similar out-of-state offense, or Section 9-3
13     of the Criminal Code of 1961, where the use of alcohol or
14     other drugs is recited as an element of the offense, or a
15     similar out-of-state offense, or a combination of these
16     offenses, arising out of separate occurrences, that
17     person, if issued a restricted driving permit, may not
18     operate a vehicle unless it has been equipped with an
19     ignition interlock device as defined in Section 1-129.1.
20         (3) If:
21             (A) a person's license or permit is revoked or
22         suspended 2 or more times within a 10 year period due
23         to any combination of:
24                 (i) a single conviction of violating Section
25             11-501 of this Code or a similar provision of a
26             local ordinance or a similar out-of-state offense,

 

 

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1             or Section 9-3 of the Criminal Code of 1961, where
2             the use of alcohol or other drugs is recited as an
3             element of the offense, or a similar out-of-state
4             offense; or
5                 (ii) a statutory summary suspension or
6             revocation under Section 11-501.1; or
7                 (iii) a suspension pursuant to Section
8             6-203.1;
9         arising out of separate occurrences; or
10             (B) a person has been convicted of one violation of
11         Section 6-303 of this Code committed while his or her
12         driver's license, permit, or privilege was revoked
13         because of a violation of Section 9-3 of the Criminal
14         Code of 1961, relating to the offense of reckless
15         homicide where the use of alcohol or other drugs was
16         recited as an element of the offense, or a similar
17         provision of a law of another state;
18     that person, if issued a restricted driving permit, may not
19     operate a vehicle unless it has been equipped with an
20     ignition interlock device as defined in Section 1-129.1.
21         (4) The person issued a permit conditioned on the use
22     of an ignition interlock device must pay to the Secretary
23     of State DUI Administration Fund an amount not to exceed
24     $30 per month. The Secretary shall establish by rule the
25     amount and the procedures, terms, and conditions relating
26     to these fees.

 

 

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1         (5) If the restricted driving permit is issued for
2     employment purposes, then the prohibition against
3     operating a motor vehicle that is not equipped with an
4     ignition interlock device does not apply to the operation
5     of an occupational vehicle owned or leased by that person's
6     employer when used solely for employment purposes.
7         (6) In each case the Secretary of State may issue a
8     restricted driving permit for a period he deems
9     appropriate, except that the permit shall expire within one
10     year from the date of issuance. The Secretary may not,
11     however, issue a restricted driving permit to any person
12     whose current revocation is the result of a second or
13     subsequent conviction for a violation of Section 11-501 of
14     this Code or a similar provision of a local ordinance or
15     any similar out-of-state offense, or Section 9-3 of the
16     Criminal Code of 1961, where the use of alcohol or other
17     drugs is recited as an element of the offense, or any
18     similar out-of-state offense, or any combination of these
19     offenses, until the expiration of at least one year from
20     the date of the revocation. A restricted driving permit
21     issued under this Section shall be subject to cancellation,
22     revocation, and suspension by the Secretary of State in
23     like manner and for like cause as a driver's license issued
24     under this Code may be cancelled, revoked, or suspended;
25     except that a conviction upon one or more offenses against
26     laws or ordinances regulating the movement of traffic shall

 

 

09600SB3732sam003 - 28 - LRB096 20624 AJT 39087 a

1     be deemed sufficient cause for the revocation, suspension,
2     or cancellation of a restricted driving permit. The
3     Secretary of State may, as a condition to the issuance of a
4     restricted driving permit, require the petitioner to
5     participate in a designated driver remedial or
6     rehabilitative program. The Secretary of State is
7     authorized to cancel a restricted driving permit if the
8     permit holder does not successfully complete the program.
9     However, if an individual's driving privileges have been
10     revoked in accordance with paragraph 13 of subsection (a)
11     of this Section, no restricted driving permit shall be
12     issued until the individual has served 6 months of the
13     revocation period.
14     (c-5) (Blank).
15     (c-6) If a person is convicted of a second violation of
16 operating a motor vehicle while the person's driver's license,
17 permit or privilege was revoked, where the revocation was for a
18 violation of Section 9-3 of the Criminal Code of 1961 relating
19 to the offense of reckless homicide or a similar out-of-state
20 offense, the person's driving privileges shall be revoked
21 pursuant to subdivision (a)(15) of this Section. The person may
22 not make application for a license or permit until the
23 expiration of five years from the effective date of the
24 revocation or the expiration of five years from the date of
25 release from a term of imprisonment, whichever is later.
26     (c-7) If a person is convicted of a third or subsequent

 

 

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1 violation of operating a motor vehicle while the person's
2 driver's license, permit or privilege was revoked, where the
3 revocation was for a violation of Section 9-3 of the Criminal
4 Code of 1961 relating to the offense of reckless homicide or a
5 similar out-of-state offense, the person may never apply for a
6 license or permit.
7     (d)(1) Whenever a person under the age of 21 is convicted
8 under Section 11-501 of this Code or a similar provision of a
9 local ordinance or a similar out-of-state offense, the
10 Secretary of State shall revoke the driving privileges of that
11 person. One year after the date of revocation, and upon
12 application, the Secretary of State may, if satisfied that the
13 person applying will not endanger the public safety or welfare,
14 issue a restricted driving permit granting the privilege of
15 driving a motor vehicle only between the hours of 5 a.m. and 9
16 p.m. or as otherwise provided by this Section for a period of
17 one year. After this one year period, and upon reapplication
18 for a license as provided in Section 6-106, upon payment of the
19 appropriate reinstatement fee provided under paragraph (b) of
20 Section 6-118, the Secretary of State, in his discretion, may
21 reinstate the petitioner's driver's license and driving
22 privileges, or extend the restricted driving permit as many
23 times as the Secretary of State deems appropriate, by
24 additional periods of not more than 12 months each.
25         (2) If a person's license or permit is revoked or
26     suspended due to 2 or more convictions of violating Section

 

 

09600SB3732sam003 - 30 - LRB096 20624 AJT 39087 a

1     11-501 of this Code or a similar provision of a local
2     ordinance or a similar out-of-state offense, or Section 9-3
3     of the Criminal Code of 1961, where the use of alcohol or
4     other drugs is recited as an element of the offense, or a
5     similar out-of-state offense, or a combination of these
6     offenses, arising out of separate occurrences, that
7     person, if issued a restricted driving permit, may not
8     operate a vehicle unless it has been equipped with an
9     ignition interlock device as defined in Section 1-129.1.
10         (3) If a person's license or permit is revoked or
11     suspended 2 or more times within a 10 year period due to
12     any combination of:
13             (A) a single conviction of violating Section
14         11-501 of this Code or a similar provision of a local
15         ordinance or a similar out-of-state offense, or
16         Section 9-3 of the Criminal Code of 1961, where the use
17         of alcohol or other drugs is recited as an element of
18         the offense, or a similar out-of-state offense; or
19             (B) a statutory summary suspension or revocation
20         under Section 11-501.1; or
21             (C) a suspension pursuant to Section 6-203.1;
22     arising out of separate occurrences, that person, if issued
23     a restricted driving permit, may not operate a vehicle
24     unless it has been equipped with an ignition interlock
25     device as defined in Section 1-129.1.
26         (4) The person issued a permit conditioned upon the use

 

 

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1     of an interlock device must pay to the Secretary of State
2     DUI Administration Fund an amount not to exceed $30 per
3     month. The Secretary shall establish by rule the amount and
4     the procedures, terms, and conditions relating to these
5     fees.
6         (5) If the restricted driving permit is issued for
7     employment purposes, then the prohibition against driving
8     a vehicle that is not equipped with an ignition interlock
9     device does not apply to the operation of an occupational
10     vehicle owned or leased by that person's employer when used
11     solely for employment purposes.
12         (6) A restricted driving permit issued under this
13     Section shall be subject to cancellation, revocation, and
14     suspension by the Secretary of State in like manner and for
15     like cause as a driver's license issued under this Code may
16     be cancelled, revoked, or suspended; except that a
17     conviction upon one or more offenses against laws or
18     ordinances regulating the movement of traffic shall be
19     deemed sufficient cause for the revocation, suspension, or
20     cancellation of a restricted driving permit.
21     (d-5) The revocation of the license, permit, or driving
22 privileges of a person convicted of a third or subsequent
23 violation of Section 6-303 of this Code committed while his or
24 her driver's license, permit, or privilege was revoked because
25 of a violation of Section 9-3 of the Criminal Code of 1961,
26 relating to the offense of reckless homicide, or a similar

 

 

09600SB3732sam003 - 32 - LRB096 20624 AJT 39087 a

1 provision of a law of another state, is permanent. The
2 Secretary may not, at any time, issue a license or permit to
3 that person.
4     (e) This Section is subject to the provisions of the Driver
5 License Compact.
6     (f) Any revocation imposed upon any person under
7 subsections 2 and 3 of paragraph (b) that is in effect on
8 December 31, 1988 shall be converted to a suspension for a like
9 period of time.
10     (g) The Secretary of State shall not issue a restricted
11 driving permit to a person under the age of 16 years whose
12 driving privileges have been revoked under any provisions of
13 this Code.
14     (h) The Secretary of State shall require the use of
15 ignition interlock devices on all vehicles owned by a person
16 who has been convicted of a second or subsequent offense under
17 Section 11-501 of this Code or a similar provision of a local
18 ordinance. The person must pay to the Secretary of State DUI
19 Administration Fund an amount not to exceed $30 for each month
20 that he or she uses the device. The Secretary shall establish
21 by rule and regulation the procedures for certification and use
22 of the interlock system, the amount of the fee, and the
23 procedures, terms, and conditions relating to these fees.
24     (i) (Blank).
25     (j) In accordance with 49 C.F.R. 384, the Secretary of
26 State may not issue a restricted driving permit for the

 

 

09600SB3732sam003 - 33 - LRB096 20624 AJT 39087 a

1 operation of a commercial motor vehicle to a person holding a
2 CDL whose driving privileges have been revoked, suspended,
3 cancelled, or disqualified under any provisions of this Code.
4 (Source: P.A. 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; 95-377,
5 eff. 1-1-08; 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-848,
6 eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09;
7 96-607, eff. 8-24-09.)
 
8     (625 ILCS 5/6-206)  (from Ch. 95 1/2, par. 6-206)
9     Sec. 6-206. Discretionary authority to suspend or revoke
10 license or permit; Right to a hearing.
11     (a) The Secretary of State is authorized to suspend or
12 revoke the driving privileges of any person without preliminary
13 hearing upon a showing of the person's records or other
14 sufficient evidence that the person:
15         1. Has committed an offense for which mandatory
16     revocation of a driver's license or permit is required upon
17     conviction;
18         2. Has been convicted of not less than 3 offenses
19     against traffic regulations governing the movement of
20     vehicles committed within any 12 month period. No
21     revocation or suspension shall be entered more than 6
22     months after the date of last conviction;
23         3. Has been repeatedly involved as a driver in motor
24     vehicle collisions or has been repeatedly convicted of
25     offenses against laws and ordinances regulating the

 

 

09600SB3732sam003 - 34 - LRB096 20624 AJT 39087 a

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

 

 

09600SB3732sam003 - 35 - LRB096 20624 AJT 39087 a

1     the provisions of Section 6-103;
2         9. Has made a false statement or knowingly concealed a
3     material fact or has used false information or
4     identification in any application for a license,
5     identification card, or permit;
6         10. Has possessed, displayed, or attempted to
7     fraudulently use any license, identification card, or
8     permit not issued to the person;
9         11. Has operated a motor vehicle upon a highway of this
10     State when the person's driving privilege or privilege to
11     obtain a driver's license or permit was revoked or
12     suspended unless the operation was authorized by a
13     monitoring device driving permit, judicial driving permit
14     issued prior to January 1, 2009, probationary license to
15     drive, or a restricted driving permit issued under this
16     Code;
17         12. Has submitted to any portion of the application
18     process for another person or has obtained the services of
19     another person to submit to any portion of the application
20     process for the purpose of obtaining a license,
21     identification card, or permit for some other person;
22         13. Has operated a motor vehicle upon a highway of this
23     State when the person's driver's license or permit was
24     invalid under the provisions of Sections 6-107.1 and 6-110;
25         14. Has committed a violation of Section 6-301,
26     6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B

 

 

09600SB3732sam003 - 36 - LRB096 20624 AJT 39087 a

1     of the Illinois Identification Card Act;
2         15. Has been convicted of violating Section 21-2 of the
3     Criminal Code of 1961 relating to criminal trespass to
4     vehicles in which case, the suspension shall be for one
5     year;
6         16. Has been convicted of violating Section 11-204 of
7     this Code relating to fleeing from a peace officer;
8         17. Has refused to submit to a test, or tests, as
9     required under Section 11-501.1 of this Code and the person
10     has not sought a hearing as provided for in Section
11     11-501.1;
12         18. Has, since issuance of a driver's license or
13     permit, been adjudged to be afflicted with or suffering
14     from any mental disability or disease;
15         19. Has committed a violation of paragraph (a) or (b)
16     of Section 6-101 relating to driving without a driver's
17     license;
18         20. Has been convicted of violating Section 6-104
19     relating to classification of driver's license;
20         21. Has been convicted of violating Section 11-402 of
21     this Code relating to leaving the scene of an accident
22     resulting in damage to a vehicle in excess of $1,000, in
23     which case the suspension shall be for one year;
24         22. Has used a motor vehicle in violating paragraph
25     (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
26     the Criminal Code of 1961 relating to unlawful use of

 

 

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

 

 

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1     methamphetamine prohibited under the Methamphetamine
2     Control and Community Protection Act, in which case the
3     person's driving privileges shall be suspended for one
4     year, and any driver who is convicted of a second or
5     subsequent offense, within 5 years of a previous
6     conviction, for the illegal possession, while operating or
7     in actual physical control, as a driver, of a motor
8     vehicle, of any controlled substance prohibited under the
9     Illinois Controlled Substances Act, any cannabis
10     prohibited under the Cannabis Control Act, or any
11     methamphetamine prohibited under the Methamphetamine
12     Control and Community Protection Act shall be suspended for
13     5 years. Any defendant found guilty of this offense while
14     operating a motor vehicle, shall have an entry made in the
15     court record by the presiding judge that this offense did
16     occur while the defendant was operating a motor vehicle and
17     order the clerk of the court to report the violation to the
18     Secretary of State;
19         29. Has been convicted of the following offenses that
20     were committed while the person was operating or in actual
21     physical control, as a driver, of a motor vehicle: criminal
22     sexual assault, predatory criminal sexual assault of a
23     child, aggravated criminal sexual assault, criminal sexual
24     abuse, aggravated criminal sexual abuse, juvenile pimping,
25     soliciting for a juvenile prostitute and the manufacture,
26     sale or delivery of controlled substances or instruments

 

 

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1     used for illegal drug use or abuse in which case the
2     driver's driving privileges shall be suspended for one
3     year;
4         30. Has been convicted a second or subsequent time for
5     any combination of the offenses named in paragraph 29 of
6     this subsection, in which case the person's driving
7     privileges shall be suspended for 5 years;
8         31. Has refused to submit to a test as required by
9     Section 11-501.6 or has submitted to a test resulting in an
10     alcohol concentration of 0.08 or more or any amount of a
11     drug, substance, or compound resulting from the unlawful
12     use or consumption of cannabis as listed in the Cannabis
13     Control Act, a controlled substance as listed in the
14     Illinois Controlled Substances Act, an intoxicating
15     compound as listed in the Use of Intoxicating Compounds
16     Act, or methamphetamine as listed in the Methamphetamine
17     Control and Community Protection Act, in which case the
18     penalty shall be as prescribed in Section 6-208.1;
19         32. Has been convicted of Section 24-1.2 of the
20     Criminal Code of 1961 relating to the aggravated discharge
21     of a firearm if the offender was located in a motor vehicle
22     at the time the firearm was discharged, in which case the
23     suspension shall be for 3 years;
24         33. Has as a driver, who was less than 21 years of age
25     on the date of the offense, been convicted a first time of
26     a violation of paragraph (a) of Section 11-502 of this Code

 

 

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1     or a similar provision of a local ordinance;
2         34. Has committed a violation of Section 11-1301.5 of
3     this Code;
4         35. Has committed a violation of Section 11-1301.6 of
5     this Code;
6         36. Is under the age of 21 years at the time of arrest
7     and has been convicted of not less than 2 offenses against
8     traffic regulations governing the movement of vehicles
9     committed within any 24 month period. No revocation or
10     suspension shall be entered more than 6 months after the
11     date of last conviction;
12         37. Has committed a violation of subsection (c) of
13     Section 11-907 of this Code that resulted in damage to the
14     property of another or the death or injury of another;
15         38. Has been convicted of a violation of Section 6-20
16     of the Liquor Control Act of 1934 or a similar provision of
17     a local ordinance;
18         39. Has committed a second or subsequent violation of
19     Section 11-1201 of this Code;
20         40. Has committed a violation of subsection (a-1) of
21     Section 11-908 of this Code;
22         41. Has committed a second or subsequent violation of
23     Section 11-605.1 of this Code within 2 years of the date of
24     the previous violation, in which case the suspension shall
25     be for 90 days;
26         42. Has committed a violation of subsection (a-1) of

 

 

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1     Section 11-1301.3 of this Code;
2         43. Has received a disposition of court supervision for
3     a violation of subsection (a), (d), or (e) of Section 6-20
4     of the Liquor Control Act of 1934 or a similar provision of
5     a local ordinance, in which case the suspension shall be
6     for a period of 3 months;
7         44. Is under the age of 21 years at the time of arrest
8     and has been convicted of an offense against traffic
9     regulations governing the movement of vehicles after
10     having previously had his or her driving privileges
11     suspended or revoked pursuant to subparagraph 36 of this
12     Section; or
13         45. Has, in connection with or during the course of a
14     formal hearing conducted under Section 2-118 of this Code:
15     (i) committed perjury; (ii) submitted fraudulent or
16     falsified documents; (iii) submitted documents that have
17     been materially altered; or (iv) submitted, as his or her
18     own, documents that were in fact prepared or composed for
19     another person.
20     For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
21 and 27 of this subsection, license means any driver's license,
22 any traffic ticket issued when the person's driver's license is
23 deposited in lieu of bail, a suspension notice issued by the
24 Secretary of State, a duplicate or corrected driver's license,
25 a probationary driver's license or a temporary driver's
26 license.

 

 

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1     (b) If any conviction forming the basis of a suspension or
2 revocation authorized under this Section is appealed, the
3 Secretary of State may rescind or withhold the entry of the
4 order of suspension or revocation, as the case may be, provided
5 that a certified copy of a stay order of a court is filed with
6 the Secretary of State. If the conviction is affirmed on
7 appeal, the date of the conviction shall relate back to the
8 time the original judgment of conviction was entered and the 6
9 month limitation prescribed shall not apply.
10     (c) 1. Upon suspending or revoking the driver's license or
11 permit of any person as authorized in this Section, the
12 Secretary of State shall immediately notify the person in
13 writing of the revocation or suspension. The notice to be
14 deposited in the United States mail, postage prepaid, to the
15 last known address of the person.
16         2. If the Secretary of State suspends the driver's
17     license of a person under subsection 2 of paragraph (a) of
18     this Section, a person's privilege to operate a vehicle as
19     an occupation shall not be suspended, provided an affidavit
20     is properly completed, the appropriate fee received, and a
21     permit issued prior to the effective date of the
22     suspension, unless 5 offenses were committed, at least 2 of
23     which occurred while operating a commercial vehicle in
24     connection with the driver's regular occupation. All other
25     driving privileges shall be suspended by the Secretary of
26     State. Any driver prior to operating a vehicle for

 

 

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1     occupational purposes only must submit the affidavit on
2     forms to be provided by the Secretary of State setting
3     forth the facts of the person's occupation. The affidavit
4     shall also state the number of offenses committed while
5     operating a vehicle in connection with the driver's regular
6     occupation. The affidavit shall be accompanied by the
7     driver's license. Upon receipt of a properly completed
8     affidavit, the Secretary of State shall issue the driver a
9     permit to operate a vehicle in connection with the driver's
10     regular occupation only. Unless the permit is issued by the
11     Secretary of State prior to the date of suspension, the
12     privilege to drive any motor vehicle shall be suspended as
13     set forth in the notice that was mailed under this Section.
14     If an affidavit is received subsequent to the effective
15     date of this suspension, a permit may be issued for the
16     remainder of the suspension period.
17         The provisions of this subparagraph shall not apply to
18     any driver required to possess a CDL for the purpose of
19     operating a commercial motor vehicle.
20         Any person who falsely states any fact in the affidavit
21     required herein shall be guilty of perjury under Section
22     6-302 and upon conviction thereof shall have all driving
23     privileges revoked without further rights.
24         3. At the conclusion of a hearing under Section 2-118
25     of this Code, the Secretary of State shall either rescind
26     or continue an order of revocation or shall substitute an

 

 

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1     order of suspension; or, good cause appearing therefor,
2     rescind, continue, change, or extend the order of
3     suspension. If the Secretary of State does not rescind the
4     order, the Secretary may upon application, to relieve undue
5     hardship (as defined by the rules of the Secretary of
6     State), issue a restricted driving permit granting the
7     privilege of driving a motor vehicle between the
8     petitioner's residence and petitioner's place of
9     employment or within the scope of the petitioner's
10     employment related duties, or to allow the petitioner to
11     transport himself or herself, or a family member of the
12     petitioner's household to a medical facility, to receive
13     necessary medical care, to allow the petitioner to
14     transport himself or herself to and from alcohol or drug
15     remedial or rehabilitative activity recommended by a
16     licensed service provider, or to allow the petitioner to
17     transport himself or herself or a family member of the
18     petitioner's household to classes, as a student, at an
19     accredited educational institution, or to allow the
20     petitioner to transport children living in the
21     petitioner's household to and from daycare. The petitioner
22     must demonstrate that no alternative means of
23     transportation is reasonably available and that the
24     petitioner will not endanger the public safety or welfare.
25     Those multiple offenders identified in subdivision (b)4 of
26     Section 6-208 of this Code, however, shall not be eligible

 

 

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1     for the issuance of a restricted driving permit.
2             (A) If a person's license or permit is revoked or
3         suspended due to 2 or more convictions of violating
4         Section 11-501 of this Code or a similar provision of a
5         local ordinance or a similar out-of-state offense, or
6         Section 9-3 of the Criminal Code of 1961, where the use
7         of alcohol or other drugs is recited as an element of
8         the offense, or a similar out-of-state offense, or a
9         combination of these offenses, arising out of separate
10         occurrences, that person, if issued a restricted
11         driving permit, may not operate a vehicle unless it has
12         been equipped with an ignition interlock device as
13         defined in Section 1-129.1.
14             (B) If a person's license or permit is revoked or
15         suspended 2 or more times within a 10 year period due
16         to any combination of:
17                 (i) a single conviction of violating Section
18             11-501 of this Code or a similar provision of a
19             local ordinance or a similar out-of-state offense
20             or Section 9-3 of the Criminal Code of 1961, where
21             the use of alcohol or other drugs is recited as an
22             element of the offense, or a similar out-of-state
23             offense; or
24                 (ii) a statutory summary suspension or
25             revocation under Section 11-501.1; or
26                 (iii) a suspension under Section 6-203.1;

 

 

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1         arising out of separate occurrences; that person, if
2         issued a restricted driving permit, may not operate a
3         vehicle unless it has been equipped with an ignition
4         interlock device as defined in Section 1-129.1.
5             (C) The person issued a permit conditioned upon the
6         use of an ignition interlock device must pay to the
7         Secretary of State DUI Administration Fund an amount
8         not to exceed $30 per month. The Secretary shall
9         establish by rule the amount and the procedures, terms,
10         and conditions relating to these fees.
11             (D) If the restricted driving permit is issued for
12         employment purposes, then the prohibition against
13         operating a motor vehicle that is not equipped with an
14         ignition interlock device does not apply to the
15         operation of an occupational vehicle owned or leased by
16         that person's employer when used solely for employment
17         purposes.
18             (E) In each case the Secretary may issue a
19         restricted driving permit for a period deemed
20         appropriate, except that all permits shall expire
21         within one year from the date of issuance. The
22         Secretary may not, however, issue a restricted driving
23         permit to any person whose current revocation is the
24         result of a second or subsequent conviction for a
25         violation of Section 11-501 of this Code or a similar
26         provision of a local ordinance or any similar

 

 

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1         out-of-state offense, or Section 9-3 of the Criminal
2         Code of 1961, where the use of alcohol or other drugs
3         is recited as an element of the offense, or any similar
4         out-of-state offense, or any combination of those
5         offenses, until the expiration of at least one year
6         from the date of the revocation. A restricted driving
7         permit issued under this Section shall be subject to
8         cancellation, revocation, and suspension by the
9         Secretary of State in like manner and for like cause as
10         a driver's license issued under this Code may be
11         cancelled, revoked, or suspended; except that a
12         conviction upon one or more offenses against laws or
13         ordinances regulating the movement of traffic shall be
14         deemed sufficient cause for the revocation,
15         suspension, or cancellation of a restricted driving
16         permit. The Secretary of State may, as a condition to
17         the issuance of a restricted driving permit, require
18         the applicant to participate in a designated driver
19         remedial or rehabilitative program. The Secretary of
20         State is authorized to cancel a restricted driving
21         permit if the permit holder does not successfully
22         complete the program.
23     (c-3) In the case of a suspension under paragraph 43 of
24 subsection (a), reports received by the Secretary of State
25 under this Section shall, except during the actual time the
26 suspension is in effect, be privileged information and for use

 

 

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1 only by the courts, police officers, prosecuting authorities,
2 the driver licensing administrator of any other state, the
3 Secretary of State, or the parent or legal guardian of a driver
4 under the age of 18. However, beginning January 1, 2008, if the
5 person is a CDL holder, the suspension shall also be made
6 available to the driver licensing administrator of any other
7 state, the U.S. Department of Transportation, and the affected
8 driver or motor carrier or prospective motor carrier upon
9 request.
10     (c-4) In the case of a suspension under paragraph 43 of
11 subsection (a), the Secretary of State shall notify the person
12 by mail that his or her driving privileges and driver's license
13 will be suspended one month after the date of the mailing of
14 the notice.
15     (c-5) The Secretary of State may, as a condition of the
16 reissuance of a driver's license or permit to an applicant
17 whose driver's license or permit has been suspended before he
18 or she reached the age of 21 years pursuant to any of the
19 provisions of this Section, require the applicant to
20 participate in a driver remedial education course and be
21 retested under Section 6-109 of this Code.
22     (d) This Section is subject to the provisions of the
23 Drivers License Compact.
24     (e) The Secretary of State shall not issue a restricted
25 driving permit to a person under the age of 16 years whose
26 driving privileges have been suspended or revoked under any

 

 

09600SB3732sam003 - 49 - LRB096 20624 AJT 39087 a

1 provisions of this Code.
2     (f) In accordance with 49 C.F.R. 384, the Secretary of
3 State may not issue a restricted driving permit for the
4 operation of a commercial motor vehicle to a person holding a
5 CDL whose driving privileges have been suspended, revoked,
6 cancelled, or disqualified under any provisions of this Code.
7 (Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382,
8 eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848,
9 eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328,
10 eff. 8-11-09; 96-607, eff. 8-24-09.)
 
11     (625 ILCS 5/6-208.1)  (from Ch. 95 1/2, par. 6-208.1)
12     Sec. 6-208.1. Period of statutory summary alcohol, other
13 drug, or intoxicating compound related suspension or
14 revocation.
15     (a) Unless the statutory summary suspension has been
16 rescinded, any person whose privilege to drive a motor vehicle
17 on the public highways has been summarily suspended, pursuant
18 to Section 11-501.1, shall not be eligible for restoration of
19 the privilege until the expiration of:
20         1. Twelve months from the effective date of the
21     statutory summary suspension for a refusal or failure to
22     complete a test or tests to determine the alcohol, drug, or
23     intoxicating compound concentration, pursuant to Section
24     11-501.1, if the person was not involved in a motor vehicle
25     crash that caused personal injury or death to another; or

 

 

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1         2. Six months from the effective date of the statutory
2     summary suspension imposed following the person's
3     submission to a chemical test which disclosed an alcohol
4     concentration of 0.08 or more, or any amount of a drug,
5     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, an intoxicating compound listed in the Use
10     of Intoxicating Compounds Act, or methamphetamine as
11     listed in the Methamphetamine Control and Community
12     Protection Act, pursuant to Section 11-501.1; or
13         3. Three years from the effective date of the statutory
14     summary suspension for any person other than a first
15     offender who refuses or fails to complete a test or tests
16     to determine the alcohol, drug, or intoxicating compound
17     concentration pursuant to Section 11-501.1; or
18         4. One year from the effective date of the summary
19     suspension imposed for any person other than a first
20     offender following submission to a chemical test which
21     disclosed an alcohol concentration of 0.08 or more pursuant
22     to Section 11-501.1 or any amount of a drug, substance or
23     compound in such person's blood or urine resulting from the
24     unlawful use or consumption of cannabis listed in the
25     Cannabis Control Act, a controlled substance listed in the
26     Illinois Controlled Substances Act, an intoxicating

 

 

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1     compound listed in the Use of Intoxicating Compounds Act,
2     or methamphetamine as listed in the Methamphetamine
3     Control and Community Protection Act.
4     (a-1) Unless the statutory summary revocation has been
5 rescinded, any person whose privilege to drive has been
6 summarily revoked pursuant to Section 11-501.1 may not make
7 application for a license or permit until the expiration of one
8 year from the effective date of the summary revocation.
9     (b) Following a statutory summary suspension of the
10 privilege to drive a motor vehicle under Section 11-501.1,
11 driving privileges shall be restored unless the person is
12 otherwise suspended, revoked, or cancelled by this Code. If the
13 court has reason to believe that the person's driving privilege
14 should not be restored, the court shall notify the Secretary of
15 State prior to the expiration of the statutory summary
16 suspension so appropriate action may be taken pursuant to this
17 Code.
18     (c) Driving privileges may not be restored until all
19 applicable reinstatement fees, as provided by this Code, have
20 been paid to the Secretary of State and the appropriate entry
21 made to the driver's record.
22     (d) Where a driving privilege has been summarily suspended
23 or revoked under Section 11-501.1 and the person is
24 subsequently convicted of violating Section 11-501, or a
25 similar provision of a local ordinance, for the same incident,
26 any period served on statutory summary suspension or revocation

 

 

09600SB3732sam003 - 52 - LRB096 20624 AJT 39087 a

1 shall be credited toward the minimum period of revocation of
2 driving privileges imposed pursuant to Section 6-205.
3     (e) Following a statutory summary suspension of driving
4 privileges pursuant to Section 11-501.1, for a first offender,
5 the circuit court shall, unless the offender has opted in
6 writing not to have a monitoring device driving permit issued,
7 order the Secretary of State to issue a monitoring device
8 driving permit as provided in Section 6-206.1. A monitoring
9 device driving permit shall not be effective prior to the 31st
10 day of the statutory summary suspension. A first offender who
11 refused chemical testing and whose driving privileges were
12 summarily revoked pursuant to Section 11-501.1 shall not be
13 eligible for any type of driving permit or privilege during the
14 summary revocation.
15     (f) (Blank).
16     (g) Following a statutory summary suspension of driving
17 privileges pursuant to Section 11-501.1 where the person was
18 not a first offender, as defined in Section 11-500, the
19 Secretary of State may not issue a restricted driving permit.
20     (h) (Blank).
21 (Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876,
22 eff. 8-21-08.)
 
23     (625 ILCS 5/6-303)  (from Ch. 95 1/2, par. 6-303)
24     Sec. 6-303. Driving while driver's license, permit or
25 privilege to operate a motor vehicle is suspended or revoked.

 

 

09600SB3732sam003 - 53 - LRB096 20624 AJT 39087 a

1     (a) Except as otherwise provided in subsection (a-5), any
2 person who drives or is in actual physical control of a motor
3 vehicle on any highway of this State at a time when such
4 person's driver's license, permit or privilege to do so or the
5 privilege to obtain a driver's license or permit is revoked or
6 suspended as provided by this Code or the law of another state,
7 except as may be specifically allowed by a judicial driving
8 permit issued prior to January 1, 2009, monitoring device
9 driving permit, family financial responsibility driving
10 permit, probationary license to drive, or a restricted driving
11 permit issued pursuant to this Code or under the law of another
12 state, shall be guilty of a Class A misdemeanor.
13     (a-5) Any person who violates this Section as provided in
14 subsection (a) while his or her driver's license, permit or
15 privilege is revoked because of a violation of Section 9-3 of
16 the Criminal Code of 1961, relating to the offense of reckless
17 homicide or a similar provision of a law of another state, is
18 guilty of a Class 4 felony. The person shall be required to
19 undergo a professional evaluation, as provided in Section
20 11-501 of this Code, to determine if an alcohol, drug, or
21 intoxicating compound problem exists and the extent of the
22 problem, and to undergo the imposition of treatment as
23 appropriate.
24     (b) (Blank).
25     (b-1) Upon receiving a report of the conviction of any
26 violation indicating a person was operating a motor vehicle

 

 

09600SB3732sam003 - 54 - LRB096 20624 AJT 39087 a

1 during the time when the person's driver's license, permit or
2 privilege was suspended by the Secretary of State or the
3 driver's licensing administrator of another state, except as
4 specifically allowed by a probationary license, judicial
5 driving permit, restricted driving permit or monitoring device
6 driving permit the Secretary shall extend the suspension for
7 the same period of time as the originally imposed suspension
8 unless the suspension has already expired, in which case the
9 Secretary shall be authorized to suspend the person's driving
10 privileges for the same period of time as the originally
11 imposed suspension.
12     (b-2) Except as provided in subsection (b-6), upon
13 receiving a report of the conviction of any violation
14 indicating a person was operating a motor vehicle when the
15 person's driver's license, permit or privilege was revoked by
16 the Secretary of State or the driver's license administrator of
17 any other state, except as specifically allowed by a restricted
18 driving permit issued pursuant to this Code or the law of
19 another state, the Secretary shall not issue a driver's license
20 for an additional period of one year from the date of such
21 conviction indicating such person was operating a vehicle
22 during such period of revocation.
23     (b-3) (Blank).
24     (b-4) When the Secretary of State receives a report of a
25 conviction of any violation indicating a person was operating a
26 motor vehicle that was not equipped with an ignition interlock

 

 

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1 device during a time when the person was prohibited from
2 operating a motor vehicle not equipped with such a device, the
3 Secretary shall not issue a driver's license to that person for
4 an additional period of one year from the date of the
5 conviction.
6     (b-5) Any person convicted of violating this Section shall
7 serve a minimum term of imprisonment of 30 consecutive days or
8 300 hours of community service when the person's driving
9 privilege was revoked or suspended as a result of a violation
10 of Section 9-3 of the Criminal Code of 1961, as amended,
11 relating to the offense of reckless homicide, or a similar
12 provision of a law of another state.
13     (b-6) Upon receiving a report of a first conviction of
14 operating a motor vehicle while the person's driver's license,
15 permit or privilege was revoked where the revocation was for a
16 violation of Section 9-3 of the Criminal Code of 1961 relating
17 to the offense of reckless homicide or a similar out-of-state
18 offense, the Secretary shall not issue a driver's license for
19 an additional period of three years from the date of such
20 conviction.
21     (c) Except as provided in subsections (c-3) and (c-4), any
22 person convicted of violating this Section shall serve a
23 minimum term of imprisonment of 10 consecutive days or 30 days
24 of community service when the person's driving privilege was
25 revoked or suspended as a result of:
26         (1) a violation of Section 11-501 of this Code or a

 

 

09600SB3732sam003 - 56 - LRB096 20624 AJT 39087 a

1     similar provision of a local ordinance relating to the
2     offense of operating or being in physical control of a
3     vehicle while under the influence of alcohol, any other
4     drug or any combination thereof; or
5         (2) a violation of paragraph (b) of Section 11-401 of
6     this Code or a similar provision of a local ordinance
7     relating to the offense of leaving the scene of a motor
8     vehicle accident involving personal injury or death; or
9         (3) a statutory summary suspension or revocation under
10     Section 11-501.1 of this Code.
11     Such sentence of imprisonment or community service shall
12 not be subject to suspension in order to reduce such sentence.
13     (c-1) Except as provided in subsections (c-5) and (d), any
14 person convicted of a second violation of this Section shall be
15 ordered by the court to serve a minimum of 100 hours of
16 community service.
17     (c-2) In addition to other penalties imposed under this
18 Section, the court may impose on any person convicted a fourth
19 time of violating this Section any of the following:
20         (1) Seizure of the license plates of the person's
21     vehicle.
22         (2) Immobilization of the person's vehicle for a period
23     of time to be determined by the court.
24     (c-3) Any person convicted of a violation of this Section
25 during a period of summary suspension imposed pursuant to
26 Section 11-501.1 when the person was eligible for a MDDP shall

 

 

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1 be guilty of a Class 4 felony and shall serve a minimum term of
2 imprisonment of 30 days.
3     (c-4) Any person who has been issued a MDDP and who is
4 convicted of a violation of this Section as a result of
5 operating or being in actual physical control of a motor
6 vehicle not equipped with an ignition interlock device at the
7 time of the offense shall be guilty of a Class 4 felony and
8 shall serve a minimum term of imprisonment of 30 days.
9     (c-5) Any person convicted of a second violation of this
10 Section is guilty of a Class 2 felony, is not eligible for
11 probation or conditional discharge, and shall serve a mandatory
12 term of imprisonment, if the revocation or suspension was for a
13 violation of Section 9-3 of the Criminal Code of 1961, relating
14 to the offense of reckless homicide, or a similar out-of-state
15 offense.
16     (d) Any person convicted of a second violation of this
17 Section shall be guilty of a Class 4 felony and shall serve a
18 minimum term of imprisonment of 30 days or 300 hours of
19 community service, as determined by the court, if the original
20 revocation or suspension was for a violation of Section 11-401
21 or 11-501 of this Code, or a similar out-of-state offense, or a
22 similar provision of a local ordinance, or a statutory summary
23 suspension or revocation under Section 11-501.1 of this Code.
24     (d-1) Except as provided in subsections (d-2), (d-2.5), and
25 (d-3), any person convicted of a third or subsequent violation
26 of this Section shall serve a minimum term of imprisonment of

 

 

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1 30 days or 300 hours of community service, as determined by the
2 court.
3     (d-2) Any person convicted of a third violation of this
4 Section is guilty of a Class 4 felony and must serve a minimum
5 term of imprisonment of 30 days if the revocation or suspension
6 was for a violation of Section 11-401 or 11-501 of this Code,
7 or a similar out-of-state offense, or a similar provision of a
8 local ordinance, or a statutory summary suspension or
9 revocation under Section 11-501.1 of this Code.
10     (d-2.5) Any person convicted of a third violation of this
11 Section is guilty of a Class 1 felony, is not eligible for
12 probation or conditional discharge, and must serve a mandatory
13 term of imprisonment if the revocation or suspension was for a
14 violation of Section 9-3 of the Criminal Code of 1961, relating
15 to the offense of reckless homicide, or a similar out-of-state
16 offense. The person's driving privileges shall be revoked for
17 the remainder of the person's life.
18     (d-3) Any person convicted of a fourth, fifth, sixth,
19 seventh, eighth, or ninth violation of this Section is guilty
20 of a Class 4 felony and must serve a minimum term of
21 imprisonment of 180 days if the revocation or suspension was
22 for a violation of Section 11-401 or 11-501 of this Code, or a
23 similar out-of-state offense, or a similar provision of a local
24 ordinance, or a statutory summary suspension or revocation
25 under Section 11-501.1 of this Code.
26     (d-3.5) Any person convicted of a fourth or subsequent

 

 

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1 violation of this Section is guilty of a Class 1 felony, is not
2 eligible for probation or conditional discharge, and must serve
3 a mandatory term of imprisonment, and is eligible for an
4 extended term, if the revocation or suspension was for a
5 violation of Section 9-3 of the Criminal Code of 1961, relating
6 to the offense of reckless homicide, or a similar out-of-state
7 offense.
8     (d-4) Any person convicted of a tenth, eleventh, twelfth,
9 thirteenth, or fourteenth violation of this Section is guilty
10 of a Class 3 felony, and is not eligible for probation or
11 conditional discharge, if the revocation or suspension was for
12 a violation of Section 11-401 or 11-501 of this Code, or a
13 similar out-of-state offense, or a similar provision of a local
14 ordinance, or a statutory summary suspension or revocation
15 under Section 11-501.1 of this Code.
16     (d-5) Any person convicted of a fifteenth or subsequent
17 violation of this Section is guilty of a Class 2 felony, and is
18 not eligible for probation or conditional discharge, if the
19 revocation or suspension was for a violation of Section 11-401
20 or 11-501 of this Code, or a similar out-of-state offense, or a
21 similar provision of a local ordinance, or a statutory summary
22 suspension or revocation under Section 11-501.1 of this Code.
23     (e) Any person in violation of this Section who is also in
24 violation of Section 7-601 of this Code relating to mandatory
25 insurance requirements, in addition to other penalties imposed
26 under this Section, shall have his or her motor vehicle

 

 

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1 immediately impounded by the arresting law enforcement
2 officer. The motor vehicle may be released to any licensed
3 driver upon a showing of proof of insurance for the vehicle
4 that was impounded and the notarized written consent for the
5 release by the vehicle owner.
6     (f) For any prosecution under this Section, a certified
7 copy of the driving abstract of the defendant shall be admitted
8 as proof of any prior conviction.
9     (g) The motor vehicle used in a violation of this Section
10 is subject to seizure and forfeiture as provided in Sections
11 36-1 and 36-2 of the Criminal Code of 1961 if the person's
12 driving privilege was revoked or suspended as a result of a
13 violation listed in paragraph (1) or (2) of subsection (c) of
14 this Section, as a result of a summary suspension or revocation
15 as provided in paragraph (3) of subsection (c) of this Section,
16 or as a result of a violation of Section 9-3 of the Criminal
17 Code of 1961 relating to the offense of reckless homicide.
18 (Source: P.A. 95-27, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400,
19 eff. 1-1-09; 95-578, eff. 6-1-08; 95-876, eff. 8-21-08; 95-991,
20 eff. 6-1-09; 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; revised
21 9-15-09.)
 
22     (625 ILCS 5/6-520)  (from Ch. 95 1/2, par. 6-520)
23     Sec. 6-520. CDL disqualification or out-of-service order;
24 hearing.
25     (a) A disqualification of commercial driving privileges by

 

 

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1 the Secretary of State, pursuant to this UCDLA, shall not
2 become effective until the person is notified in writing, by
3 the Secretary, of the impending disqualification and advised
4 that a CDL hearing may be requested of the Secretary if the
5 stop or arrest occurred in a commercial motor vehicle.
6     (b) Upon receipt of: the notice of a CDL disqualification
7 not based upon a conviction; an out-of-service order; or
8 notification that a CDL disqualification is forthcoming, the
9 person may make a written petition in a form, approved by the
10 Secretary of State, for a CDL hearing with the Secretary if the
11 stop or arrest occurred in a commercial motor vehicle. Such
12 petition must state the grounds upon which the person seeks to
13 have the CDL disqualification rescinded or the out-of-service
14 order removed from the person's driving record. Within 10 days
15 after the receipt of such petition, it shall be reviewed by the
16 Director of the Department of Administrative Hearings, Office
17 of the Secretary of State, or by an appointed designee. If it
18 is determined that the petition on its face does not state
19 grounds upon which the relief may be based, the petition for a
20 CDL hearing shall be denied and the disqualification shall
21 become effective as if no petition had been filed and the
22 out-of-service order shall be sustained. If such petition is so
23 denied, the person may submit another petition.
24     (c) The scope of a CDL hearing, for any disqualification
25 imposed pursuant to paragraphs (1) and (2) of subsection (a) of
26 Section 6-514, resulting from the operation of a commercial

 

 

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1 motor vehicle, shall be limited to the following issues:
2         1. Whether the person was operating a commercial motor
3     vehicle;
4         2. Whether, after making the initial stop, the police
5     officer had probable cause to issue a Sworn Report;
6         3. Whether the person was verbally warned of the
7     ensuing consequences prior to submitting to any type of
8     chemical test or tests to determine such person's blood
9     concentration of alcohol, other drug, or both;
10         4. Whether the person did refuse to submit to or failed
11     to complete the chemical testing or did submit to such test
12     or tests and such test or tests disclosed an alcohol
13     concentration of at least 0.04 or any amount of a drug,
14     substance, or compound resulting from the unlawful use or
15     consumption of cannabis listed in the Cannabis Control Act
16     or a controlled substance listed in the Illinois Controlled
17     Substances Act or methamphetamine as listed in the
18     Methamphetamine Control and Community Protection Act in
19     the person's system;
20         5. Whether the person was warned that if the test or
21     tests disclosed an alcohol concentration of 0.08 or more or
22     any amount of a drug, substance, or compound resulting from
23     the unlawful use or consumption of cannabis listed in the
24     Cannabis Control Act or a controlled substance listed in
25     the Illinois Controlled Substances Act or methamphetamine
26     as listed in the Methamphetamine Control and Community

 

 

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1     Protection Act, such results could be admissible in a
2     subsequent prosecution under Section 11-501 of this Code or
3     similar provision of local ordinances; and
4         6. Whether such results could not be used to impose any
5     driver's license sanctions pursuant to Section 11-501.1.
6     Upon the conclusion of the above CDL hearing, the CDL
7 disqualification imposed shall either be sustained or
8 rescinded.
9     (d) The scope of a CDL hearing for any out-of-service
10 sanction, imposed pursuant to Section 6-515, shall be limited
11 to the following issues:
12         1. Whether the person was driving a commercial motor
13     vehicle;
14         2. Whether, while driving such commercial motor
15     vehicle, the person had alcohol or any amount of a drug,
16     substance, or compound resulting from the unlawful use or
17     consumption of cannabis listed in the Cannabis Control Act
18     or a controlled substance listed in the Illinois Controlled
19     Substances Act or methamphetamine as listed in the
20     Methamphetamine Control and Community Protection Act in
21     such person's system;
22         3. Whether the person was verbally warned of the
23     ensuing consequences prior to being asked to submit to any
24     type of chemical test or tests to determine such person's
25     alcohol, other drug, or both, concentration; and
26         4. Whether, after being so warned, the person did

 

 

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1     refuse to submit to or failed to complete such chemical
2     test or tests or did submit to such test or tests and such
3     test or tests disclosed an alcohol concentration greater
4     than 0.00 or any amount of a drug, substance, or compound
5     resulting from the unlawful use or consumption of cannabis
6     listed in the Cannabis Control Act or a controlled
7     substance listed in the Illinois Controlled Substances Act
8     or methamphetamine as listed in the Methamphetamine
9     Control and Community Protection Act.
10     Upon the conclusion of the above CDL hearing, the
11 out-of-service sanction shall either be sustained or removed
12 from the person's driving record.
13     (e) If any person petitions for a hearing relating to any
14 CDL disqualification based upon a conviction, as defined in
15 this UCDLA, said hearing shall not be conducted as a CDL
16 hearing, but shall be conducted as any other driver's license
17 hearing, whether formal or informal, as promulgated in the
18 rules and regulations of the Secretary.
19     (f) Any evidence of alcohol or other drug consumption, for
20 the purposes of this UCDLA, shall be sufficient probable cause
21 for requesting the driver to submit to a chemical test or tests
22 to determine the presence of alcohol, other drug, or both in
23 the person's system and the subsequent issuance of an
24 out-of-service order or a Sworn Report by a police officer.
25     (g) For the purposes of this UCDLA, a CDL "hearing" shall
26 mean a hearing before the Office of the Secretary of State in

 

 

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1 accordance with Section 2-118 of this Code, for the purpose of
2 resolving differences or disputes specifically related to the
3 scope of the issues identified in this Section relating to the
4 operation of a commercial motor vehicle. These proceedings will
5 be a matter of record and a final appealable order issued. The
6 petition for a CDL hearing shall not stay or delay the
7 effective date of the impending disqualification.
8     (h) The CDL hearing may be conducted upon a review of the
9 police officer's own official reports; provided however, that
10 the petitioner may subpoena the officer. Failure of the officer
11 to answer the subpoena shall be grounds for a continuance.
12     (i) Any CDL disqualification based upon a statutory summary
13 suspension or revocation resulting from an arrest of a CDL
14 holder while operating a non-commercial motor vehicle, may only
15 be contested by filing a petition to contest the statutory
16 summary suspension or revocation in the appropriate circuit
17 court as provided for in Section 2-118.1 of this Code.
18 (Source: P.A. 95-382, eff. 8-23-07.)
 
19     (625 ILCS 5/11-401)  (from Ch. 95 1/2, par. 11-401)
20     Sec. 11-401. Motor vehicle accidents involving death or
21 personal injuries.
22     (a) The driver of any vehicle involved in a motor vehicle
23 accident resulting in personal injury to or death of any person
24 shall immediately stop such vehicle at the scene of such
25 accident, or as close thereto as possible and shall then

 

 

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1 forthwith return to, and in every event shall remain at the
2 scene of the accident until the requirements of Section 11-403
3 have been fulfilled. Every such stop shall be made without
4 obstructing traffic more than is necessary.
5     (b) Any person who has failed to stop or to comply with the
6 requirements of paragraph (a) shall, as soon as possible but in
7 no case later than one-half hour after such motor vehicle
8 accident, or, if hospitalized and incapacitated from reporting
9 at any time during such period, as soon as possible but in no
10 case later than one-half hour after being discharged from the
11 hospital, report the place of the accident, the date, the
12 approximate time, the driver's name and address, the
13 registration number of the vehicle driven, and the names of all
14 other occupants of such vehicle, at a police station or
15 sheriff's office near the place where such accident occurred.
16 No report made as required under this paragraph shall be used,
17 directly or indirectly, as a basis for the prosecution of any
18 violation of paragraph (a).
19     (b-1) Any person arrested for violating this Section is
20 subject to chemical testing of his or her blood, breath, or
21 urine for the presence of alcohol, other drug or drugs,
22 intoxicating compound or compounds, or any combination
23 thereof, as provided in Section 11-501.1, if the testing occurs
24 within 12 hours of the time of the occurrence of the accident
25 that led to his or her arrest. The person's driving privileges
26 are subject to statutory summary suspension or revocation under

 

 

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1 Section 11-501.1 if he or she fails or refuses to undergo the
2 testing.
3     For purposes of this Section, personal injury shall mean
4 any injury requiring immediate professional treatment in a
5 medical facility or doctor's office.
6     (c) Any person failing to comply with paragraph (a) shall
7 be guilty of a Class 4 felony.
8     (d) Any person failing to comply with paragraph (b) is
9 guilty of a Class 2 felony if the motor vehicle accident does
10 not result in the death of any person. Any person failing to
11 comply with paragraph (b) when the accident results in the
12 death of any person is guilty of a Class 1 felony.
13     (e) The Secretary of State shall revoke the driving
14 privilege of any person convicted of a violation of this
15 Section.
16 (Source: P.A. 94-115, eff. 1-1-06; 95-347, eff. 1-1-08.)
 
17     (625 ILCS 5/11-500)  (from Ch. 95 1/2, par. 11-500)
18     Sec. 11-500. Definitions. For the purposes of interpreting
19 Sections 6-206.1 and 6-208.1 of this Code, "first offender"
20 shall mean any person who has not had a previous conviction or
21 court assigned supervision for violating Section 11-501, or a
22 similar provision of a local ordinance, or a conviction in any
23 other state for a violation of driving while under the
24 influence or a similar offense where the cause of action is the
25 same or substantially similar to this Code or similar offenses

 

 

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1 committed on a military installation, or any person who has not
2 had a driver's license suspension pursuant to paragraph 6 of
3 subsection (a) of Section 6-206 as the result of refusal of
4 chemical testing in another state, or any person who has not
5 had a driver's license suspension or revocation for violating
6 Section 11-501.1 within 5 years prior to the date of the
7 current offense, except in cases where the driver submitted to
8 chemical testing resulting in an alcohol concentration of 0.08
9 or more, or any amount of a drug, substance, or compound in
10 such person's blood or urine resulting from the unlawful use or
11 consumption of cannabis listed in the Cannabis Control Act, a
12 controlled substance listed in the Illinois Controlled
13 Substances Act, or an intoxicating compound listed in the Use
14 of Intoxicating Compounds Act, or methamphetamine as listed in
15 the Methamphetamine Control and Community Protection Act and
16 was subsequently found not guilty of violating Section 11-501,
17 or a similar provision of a local ordinance.
18 (Source: P.A. 95-355, eff. 1-1-08; 96-607, eff. 8-24-09.)
 
19     (625 ILCS 5/11-501.1)  (from Ch. 95 1/2, par. 11-501.1)
20     Sec. 11-501.1. Suspension of drivers license; statutory
21 summary alcohol, other drug or drugs, or intoxicating compound
22 or compounds related suspension or revocation; implied
23 consent.
24     (a) Any person who drives or is in actual physical control
25 of a motor vehicle upon the public highways of this State shall

 

 

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1 be deemed to have given consent, subject to the provisions of
2 Section 11-501.2, to a chemical test or tests of blood, breath,
3 or urine for the purpose of determining the content of alcohol,
4 other drug or drugs, or intoxicating compound or compounds or
5 any combination thereof in the person's blood if arrested, as
6 evidenced by the issuance of a Uniform Traffic Ticket, for any
7 offense as defined in Section 11-501 or a similar provision of
8 a local ordinance, or if arrested for violating Section 11-401.
9 The test or tests shall be administered at the direction of the
10 arresting officer. The law enforcement agency employing the
11 officer shall designate which of the aforesaid tests shall be
12 administered. A urine test may be administered even after a
13 blood or breath test or both has been administered. For
14 purposes of this Section, an Illinois law enforcement officer
15 of this State who is investigating the person for any offense
16 defined in Section 11-501 may travel into an adjoining state,
17 where the person has been transported for medical care, to
18 complete an investigation and to request that the person submit
19 to the test or tests set forth in this Section. The
20 requirements of this Section that the person be arrested are
21 inapplicable, but the officer shall issue the person a Uniform
22 Traffic Ticket for an offense as defined in Section 11-501 or a
23 similar provision of a local ordinance prior to requesting that
24 the person submit to the test or tests. The issuance of the
25 Uniform Traffic Ticket shall not constitute an arrest, but
26 shall be for the purpose of notifying the person that he or she

 

 

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1 is subject to the provisions of this Section and of the
2 officer's belief of the existence of probable cause to arrest.
3 Upon returning to this State, the officer shall file the
4 Uniform Traffic Ticket with the Circuit Clerk of the county
5 where the offense was committed, and shall seek the issuance of
6 an arrest warrant or a summons for the person.
7     (b) Any person who is dead, unconscious, or who is
8 otherwise in a condition rendering the person incapable of
9 refusal, shall be deemed not to have withdrawn the consent
10 provided by paragraph (a) of this Section and the test or tests
11 may be administered, subject to the provisions of Section
12 11-501.2.
13     (c) A person requested to submit to a test as provided
14 above shall be warned by the law enforcement officer requesting
15 the test that a refusal to submit to the test will result in
16 the statutory summary suspension of the person's privilege to
17 operate a motor vehicle, as provided in Section 6-208.1 of this
18 Code, and will also result in the disqualification of the
19 person's privilege to operate a commercial motor vehicle, as
20 provided in Section 6-514 of this Code, if the person is a CDL
21 holder. The person shall also be warned that a refusal to
22 submit to the test, when the person was involved in a motor
23 vehicle accident that caused personal injury or death to
24 another, will result in the statutory summary revocation of the
25 person's privilege to operate a motor vehicle, as provided in
26 Section 6-208.1, and will also result in the disqualification

 

 

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1 of the person's privilege to operate a commercial motor
2 vehicle, as provided in Section 6-514 of this Code, if the
3 person is a CDL holder. The person shall also be warned by the
4 law enforcement officer that if the person submits to the test
5 or tests provided in paragraph (a) of this Section and the
6 alcohol concentration in the person's blood or breath is 0.08
7 or greater, or any amount of a drug, substance, or compound
8 resulting from the unlawful use or consumption of cannabis as
9 covered by the Cannabis Control Act, a controlled substance
10 listed in the Illinois Controlled Substances Act, an
11 intoxicating compound listed in the Use of Intoxicating
12 Compounds Act, or methamphetamine as listed in the
13 Methamphetamine Control and Community Protection Act is
14 detected in the person's blood or urine, a statutory summary
15 suspension of the person's privilege to operate a motor
16 vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
17 Code, and a disqualification of the person's privilege to
18 operate a commercial motor vehicle, as provided in Section
19 6-514 of this Code, if the person is a CDL holder, will be
20 imposed.
21     A person who is under the age of 21 at the time the person
22 is requested to submit to a test as provided above shall, in
23 addition to the warnings provided for in this Section, be
24 further warned by the law enforcement officer requesting the
25 test that if the person submits to the test or tests provided
26 in paragraph (a) of this Section and the alcohol concentration

 

 

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1 in the person's blood or breath is greater than 0.00 and less
2 than 0.08, a suspension of the person's privilege to operate a
3 motor vehicle, as provided under Sections 6-208.2 and 11-501.8
4 of this Code, will be imposed. The results of this test shall
5 be admissible in a civil or criminal action or proceeding
6 arising from an arrest for an offense as defined in Section
7 11-501 of this Code or a similar provision of a local ordinance
8 or pursuant to Section 11-501.4 in prosecutions for reckless
9 homicide brought under the Criminal Code of 1961. These test
10 results, however, shall be admissible only in actions or
11 proceedings directly related to the incident upon which the
12 test request was made.
13     (d) If the person refuses testing or submits to a test that
14 discloses an alcohol concentration of 0.08 or more, or any
15 amount of a drug, substance, or intoxicating compound in the
16 person's breath, blood, or urine resulting from the unlawful
17 use or consumption of cannabis listed in the Cannabis Control
18 Act, a controlled substance listed in the Illinois Controlled
19 Substances Act, an intoxicating compound listed in the Use of
20 Intoxicating Compounds Act, or methamphetamine as listed in the
21 Methamphetamine Control and Community Protection Act, the law
22 enforcement officer shall immediately submit a sworn report to
23 the circuit court of venue and the Secretary of State,
24 certifying that the test or tests was or were requested under
25 paragraph (a) and the person refused to submit to a test, or
26 tests, or submitted to testing that disclosed an alcohol

 

 

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1 concentration of 0.08 or more.
2     (e) Upon receipt of the sworn report of a law enforcement
3 officer submitted under paragraph (d), the Secretary of State
4 shall enter the statutory summary suspension or revocation and
5 disqualification for the periods specified in Sections 6-208.1
6 and 6-514, respectively, and effective as provided in paragraph
7 (g).
8     If the person is a first offender as defined in Section
9 11-500 of this Code, and is not convicted of a violation of
10 Section 11-501 of this Code or a similar provision of a local
11 ordinance, then reports received by the Secretary of State
12 under this Section shall, except during the actual time the
13 Statutory Summary Suspension is in effect, be privileged
14 information and for use only by the courts, police officers,
15 prosecuting authorities or the Secretary of State. However,
16 beginning January 1, 2008, if the person is a CDL holder, the
17 statutory summary suspension shall also be made available to
18 the driver licensing administrator of any other state, the U.S.
19 Department of Transportation, and the affected driver or motor
20 carrier or prospective motor carrier upon request. Reports
21 received by the Secretary of State under this Section shall
22 also be made available to the parent or guardian of a person
23 under the age of 18 years that holds an instruction permit or a
24 graduated driver's license, regardless of whether the
25 statutory summary suspension is in effect. A statutory summary
26 revocation shall not be privileged information.

 

 

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1     (f) The law enforcement officer submitting the sworn report
2 under paragraph (d) shall serve immediate notice of the
3 statutory summary suspension or revocation on the person and
4 the suspension or revocation and disqualification shall be
5 effective as provided in paragraph (g). In cases where the
6 blood alcohol concentration of 0.08 or greater or any amount of
7 a drug, substance, or compound resulting from the unlawful use
8 or consumption of cannabis as covered by the Cannabis Control
9 Act, a controlled substance listed in the Illinois Controlled
10 Substances Act, an intoxicating compound listed in the Use of
11 Intoxicating Compounds Act, or methamphetamine as listed in the
12 Methamphetamine Control and Community Protection Act is
13 established by a subsequent analysis of blood or urine
14 collected at the time of arrest, the arresting officer or
15 arresting agency shall give notice as provided in this Section
16 or by deposit in the United States mail of the notice in an
17 envelope with postage prepaid and addressed to the person at
18 his address as shown on the Uniform Traffic Ticket and the
19 statutory summary suspension and disqualification shall begin
20 as provided in paragraph (g). The officer shall confiscate any
21 Illinois driver's license or permit on the person at the time
22 of arrest. If the person has a valid driver's license or
23 permit, the officer shall issue the person a receipt, in a form
24 prescribed by the Secretary of State, that will allow that
25 person to drive during the periods provided for in paragraph
26 (g). The officer shall immediately forward the driver's license

 

 

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1 or permit to the circuit court of venue along with the sworn
2 report provided for in paragraph (d).
3     (g) The statutory summary suspension or revocation and
4 disqualification referred to in this Section shall take effect
5 on the 46th day following the date the notice of the statutory
6 summary suspension or revocation was given to the person.
7     (h) The following procedure shall apply whenever a person
8 is arrested for any offense as defined in Section 11-501 or a
9 similar provision of a local ordinance:
10     Upon receipt of the sworn report from the law enforcement
11 officer, the Secretary of State shall confirm the statutory
12 summary suspension or revocation by mailing a notice of the
13 effective date of the suspension or revocation to the person
14 and the court of venue. The Secretary of State shall also mail
15 notice of the effective date of the disqualification to the
16 person. However, should the sworn report be defective by not
17 containing sufficient information or be completed in error, the
18 confirmation of the statutory summary suspension or revocation
19 shall not be mailed to the person or entered to the record;
20 instead, the sworn report shall be forwarded to the court of
21 venue with a copy returned to the issuing agency identifying
22 any defect.
23     (i) As used in this Section, "personal injury" includes any
24 Type A injury as indicated on the traffic accident report
25 completed by a law enforcement officer that requires immediate
26 professional attention in either a doctor's office or a medical

 

 

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1 facility. A Type A injury includes severely bleeding wounds,
2 distorted extremities, and injuries that require the injured
3 party to be carried from the scene.
4 (Source: P.A. 94-115, eff. 1-1-06; 95-201, eff. 1-1-08; 95-382,
5 eff. 8-23-07; 95-876, eff. 8-21-08.)
 
6     (625 ILCS 5/11-501.6)  (from Ch. 95 1/2, par. 11-501.6)
7     Sec. 11-501.6. Driver involvement in personal injury or
8 fatal motor vehicle accident not involving an arrest for a
9 violation of Section 11-501; driving under the influence of
10 alcohol, other drug or drugs, intoxicating compounds, or any
11 combination thereof; chemical accident - chemical test.
12     (a) Any person who drives or is in actual control of a
13 motor vehicle upon the public highways of this State and who
14 has been involved in a personal injury or fatal motor vehicle
15 accident, shall be deemed to have given consent to a breath
16 test using a portable device as approved by the Department of
17 State Police or to a chemical test or tests of blood, breath,
18 or urine for the purpose of determining the content of alcohol,
19 other drug or drugs, or intoxicating compound or compounds of
20 such person's blood if arrested as evidenced by the issuance of
21 a Uniform Traffic Ticket for any violation of the Illinois
22 Vehicle Code or a similar provision of a local ordinance, with
23 the exception of equipment violations contained in Chapter 12
24 of this Code, or similar provisions of local ordinances. This
25 Section shall not apply to those persons arrested for a

 

 

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1 violation of Section 11-501 or a similar violation of a local
2 ordinance, in which case the provisions of Section 11-501.1
3 shall apply. The test or tests shall be administered at the
4 direction of the arresting officer. The law enforcement agency
5 employing the officer shall designate which of the aforesaid
6 tests shall be administered. A urine test may be administered
7 even after a blood or breath test or both has been
8 administered. Compliance with this Section does not relieve
9 such person from the requirements of Section 11-501.1 of this
10 Code.
11     (b) Any person who is dead, unconscious or who is otherwise
12 in a condition rendering such person incapable of refusal shall
13 be deemed not to have withdrawn the consent provided by
14 subsection (a) of this Section. In addition, if a driver of a
15 vehicle is receiving medical treatment as a result of a motor
16 vehicle accident, any physician licensed to practice medicine,
17 registered nurse or a phlebotomist acting under the direction
18 of a licensed physician shall withdraw blood for testing
19 purposes to ascertain the presence of alcohol, other drug or
20 drugs, or intoxicating compound or compounds, upon the specific
21 request of a law enforcement officer. However, no such testing
22 shall be performed until, in the opinion of the medical
23 personnel on scene, the withdrawal can be made without
24 interfering with or endangering the well-being of the patient.
25     (c) A person requested to submit to a test as provided
26 above shall be warned by the law enforcement officer requesting

 

 

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1 the test that a refusal to submit to the test, or submission to
2 the test resulting in an alcohol concentration of 0.08 or more,
3 or any amount of a drug, substance, or intoxicating compound
4 resulting from the unlawful use or consumption of cannabis, as
5 covered by the Cannabis Control Act, a controlled substance
6 listed in the Illinois Controlled Substances Act, an
7 intoxicating compound listed in the Use of Intoxicating
8 Compounds Act, or methamphetamine as listed in the
9 Methamphetamine Control and Community Protection Act as
10 detected in such person's blood or urine, may result in the
11 suspension of such person's privilege to operate a motor
12 vehicle and may result in the disqualification of the person's
13 privilege to operate a commercial motor vehicle, as provided in
14 Section 6-514 of this Code, if the person is a CDL holder. The
15 length of the suspension shall be the same as outlined in
16 Section 6-208.1 of this Code regarding statutory summary
17 suspensions.
18     (d) If the person refuses testing or submits to a test
19 which discloses an alcohol concentration of 0.08 or more, or
20 any amount of a drug, substance, or intoxicating compound in
21 such person's blood or urine resulting from the unlawful use or
22 consumption of cannabis listed in the Cannabis Control Act, a
23 controlled substance listed in the Illinois Controlled
24 Substances Act, an intoxicating compound listed in the Use of
25 Intoxicating Compounds Act, or methamphetamine as listed in the
26 Methamphetamine Control and Community Protection Act, the law

 

 

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1 enforcement officer shall immediately submit a sworn report to
2 the Secretary of State on a form prescribed by the Secretary,
3 certifying that the test or tests were requested pursuant to
4 subsection (a) and the person refused to submit to a test or
5 tests or submitted to testing which disclosed an alcohol
6 concentration of 0.08 or more, or any amount of a drug,
7 substance, or intoxicating compound in such person's blood or
8 urine, resulting from the unlawful use or consumption of
9 cannabis listed in the Cannabis Control Act, a controlled
10 substance listed in the Illinois Controlled Substances Act, an
11 intoxicating compound listed in the Use of Intoxicating
12 Compounds Act, or methamphetamine as listed in the
13 Methamphetamine Control and Community Protection Act.
14     Upon receipt of the sworn report of a law enforcement
15 officer, the Secretary shall enter the suspension and
16 disqualification to the individual's driving record and the
17 suspension and disqualification shall be effective on the 46th
18 day following the date notice of the suspension was given to
19 the person.
20     The law enforcement officer submitting the sworn report
21 shall serve immediate notice of this suspension on the person
22 and such suspension and disqualification shall be effective on
23 the 46th day following the date notice was given.
24     In cases where the blood alcohol concentration of 0.08 or
25 more, or any amount of a drug, substance, or intoxicating
26 compound resulting from the unlawful use or consumption of

 

 

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1 cannabis as listed in the Cannabis Control Act, a controlled
2 substance listed in the Illinois Controlled Substances Act, an
3 intoxicating compound listed in the Use of Intoxicating
4 Compounds Act, or methamphetamine as listed in the
5 Methamphetamine Control and Community Protection Act, is
6 established by a subsequent analysis of blood or urine
7 collected at the time of arrest, the arresting officer shall
8 give notice as provided in this Section or by deposit in the
9 United States mail of such notice in an envelope with postage
10 prepaid and addressed to such person at his address as shown on
11 the Uniform Traffic Ticket and the suspension and
12 disqualification shall be effective on the 46th day following
13 the date notice was given.
14     Upon receipt of the sworn report of a law enforcement
15 officer, the Secretary shall also give notice of the suspension
16 and disqualification to the driver by mailing a notice of the
17 effective date of the suspension and disqualification to the
18 individual. However, should the sworn report be defective by
19 not containing sufficient information or be completed in error,
20 the notice of the suspension and disqualification shall not be
21 mailed to the person or entered to the driving record, but
22 rather the sworn report shall be returned to the issuing law
23 enforcement agency.
24     (e) A driver may contest this suspension of his or her
25 driving privileges and disqualification of his or her CDL
26 privileges by requesting an administrative hearing with the

 

 

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1 Secretary in accordance with Section 2-118 of this Code. At the
2 conclusion of a hearing held under Section 2-118 of this Code,
3 the Secretary may rescind, continue, or modify the orders of
4 suspension and disqualification. If the Secretary does not
5 rescind the orders of suspension and disqualification, a
6 restricted driving permit may be granted by the Secretary upon
7 application being made and good cause shown. A restricted
8 driving permit may be granted to relieve undue hardship to
9 allow driving for employment, educational, and medical
10 purposes as outlined in Section 6-206 of this Code. The
11 provisions of Section 6-206 of this Code shall apply. In
12 accordance with 49 C.F.R. 384, the Secretary of State may not
13 issue a restricted driving permit for the operation of a
14 commercial motor vehicle to a person holding a CDL whose
15 driving privileges have been suspended, revoked, cancelled, or
16 disqualified.
17     (f) (Blank).
18     (g) For the purposes of this Section, a personal injury
19 shall include any type A injury as indicated on the traffic
20 accident report completed by a law enforcement officer that
21 requires immediate professional attention in either a doctor's
22 office or a medical facility. A type A injury shall include
23 severely bleeding wounds, distorted extremities, and injuries
24 that require the injured party to be carried from the scene.
25 (Source: P.A. 95-382, eff. 8-23-07.)
 

 

 

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1     (625 ILCS 5/11-501.8)
2     Sec. 11-501.8. Suspension of driver's license; persons
3 under age 21.
4     (a) A person who is less than 21 years of age and who
5 drives or is in actual physical control of a motor vehicle upon
6 the public highways of this State shall be deemed to have given
7 consent to a chemical test or tests of blood, breath, or urine
8 for the purpose of determining the alcohol content of the
9 person's blood if arrested, as evidenced by the issuance of a
10 Uniform Traffic Ticket for any violation of the Illinois
11 Vehicle Code or a similar provision of a local ordinance, if a
12 police officer has probable cause to believe that the driver
13 has consumed any amount of an alcoholic beverage based upon
14 evidence of the driver's physical condition or other first hand
15 knowledge of the police officer. The test or tests shall be
16 administered at the direction of the arresting officer. The law
17 enforcement agency employing the officer shall designate which
18 of the aforesaid tests shall be administered. A urine test may
19 be administered even after a blood or breath test or both has
20 been administered.
21     (b) A person who is dead, unconscious, or who is otherwise
22 in a condition rendering that person incapable of refusal,
23 shall be deemed not to have withdrawn the consent provided by
24 paragraph (a) of this Section and the test or tests may be
25 administered subject to the following provisions:
26         (i) Chemical analysis of the person's blood, urine,

 

 

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1     breath, or other bodily substance, to be considered valid
2     under the provisions of this Section, shall have been
3     performed according to standards promulgated by the
4     Department of State Police by an individual possessing a
5     valid permit issued by that Department for this purpose.
6     The Director of State Police is authorized to approve
7     satisfactory techniques or methods, to ascertain the
8     qualifications and competence of individuals to conduct
9     analyses, to issue permits that shall be subject to
10     termination or revocation at the direction of that
11     Department, and to certify the accuracy of breath testing
12     equipment. The Department of State Police shall prescribe
13     regulations as necessary.
14         (ii) When a person submits to a blood test at the
15     request of a law enforcement officer under the provisions
16     of this Section, only a physician authorized to practice
17     medicine, a registered nurse, or other qualified person
18     trained in venipuncture and acting under the direction of a
19     licensed physician may withdraw blood for the purpose of
20     determining the alcohol content therein. This limitation
21     does not apply to the taking of breath or urine specimens.
22         (iii) The person tested may have a physician, qualified
23     technician, chemist, registered nurse, or other qualified
24     person of his or her own choosing administer a chemical
25     test or tests in addition to any test or tests administered
26     at the direction of a law enforcement officer. The failure

 

 

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1     or inability to obtain an additional test by a person shall
2     not preclude the consideration of the previously performed
3     chemical test.
4         (iv) Upon a request of the person who submits to a
5     chemical test or tests at the request of a law enforcement
6     officer, full information concerning the test or tests
7     shall be made available to the person or that person's
8     attorney.
9         (v) Alcohol concentration means either grams of
10     alcohol per 100 milliliters of blood or grams of alcohol
11     per 210 liters of breath.
12         (vi) If a driver is receiving medical treatment as a
13     result of a motor vehicle accident, a physician licensed to
14     practice medicine, registered nurse, or other qualified
15     person trained in venipuncture and acting under the
16     direction of a licensed physician shall withdraw blood for
17     testing purposes to ascertain the presence of alcohol upon
18     the specific request of a law enforcement officer. However,
19     that testing shall not be performed until, in the opinion
20     of the medical personnel on scene, the withdrawal can be
21     made without interfering with or endangering the
22     well-being of the patient.
23     (c) A person requested to submit to a test as provided
24 above shall be warned by the law enforcement officer requesting
25 the test that a refusal to submit to the test, or submission to
26 the test resulting in an alcohol concentration of more than

 

 

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1 0.00, may result in the loss of that person's privilege to
2 operate a motor vehicle and may result in the disqualification
3 of the person's privilege to operate a commercial motor
4 vehicle, as provided in Section 6-514 of this Code, if the
5 person is a CDL holder. The loss of driving privileges shall be
6 imposed in accordance with Section 6-208.2 of this Code.
7     (d) If the person refuses testing or submits to a test that
8 discloses an alcohol concentration of more than 0.00, the law
9 enforcement officer shall immediately submit a sworn report to
10 the Secretary of State on a form prescribed by the Secretary of
11 State, certifying that the test or tests were requested under
12 subsection (a) and the person refused to submit to a test or
13 tests or submitted to testing which disclosed an alcohol
14 concentration of more than 0.00. The law enforcement officer
15 shall submit the same sworn report when a person under the age
16 of 21 submits to testing under Section 11-501.1 of this Code
17 and the testing discloses an alcohol concentration of more than
18 0.00 and less than 0.08.
19     Upon receipt of the sworn report of a law enforcement
20 officer, the Secretary of State shall enter the suspension and
21 disqualification on the individual's driving record and the
22 suspension and disqualification shall be effective on the 46th
23 day following the date notice of the suspension was given to
24 the person. If this suspension is the individual's first
25 driver's license suspension under this Section, reports
26 received by the Secretary of State under this Section shall,

 

 

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1 except during the time the suspension is in effect, be
2 privileged information and for use only by the courts, police
3 officers, prosecuting authorities, the Secretary of State, or
4 the individual personally. However, beginning January 1, 2008,
5 if the person is a CDL holder, the report of suspension shall
6 also be made available to the driver licensing administrator of
7 any other state, the U.S. Department of Transportation, and the
8 affected driver or motor carrier or prospective motor carrier
9 upon request. Reports received by the Secretary of State under
10 this Section shall also be made available to the parent or
11 guardian of a person under the age of 18 years that holds an
12 instruction permit or a graduated driver's license, regardless
13 of whether the suspension is in effect.
14     The law enforcement officer submitting the sworn report
15 shall serve immediate notice of this suspension on the person
16 and the suspension and disqualification shall be effective on
17 the 46th day following the date notice was given.
18     In cases where the blood alcohol concentration of more than
19 0.00 is established by a subsequent analysis of blood or urine,
20 the police officer or arresting agency shall give notice as
21 provided in this Section or by deposit in the United States
22 mail of that notice in an envelope with postage prepaid and
23 addressed to that person at his last known address and the loss
24 of driving privileges shall be effective on the 46th day
25 following the date notice was given.
26     Upon receipt of the sworn report of a law enforcement

 

 

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1 officer, the Secretary of State shall also give notice of the
2 suspension and disqualification to the driver by mailing a
3 notice of the effective date of the suspension and
4 disqualification to the individual. However, should the sworn
5 report be defective by not containing sufficient information or
6 be completed in error, the notice of the suspension and
7 disqualification shall not be mailed to the person or entered
8 to the driving record, but rather the sworn report shall be
9 returned to the issuing law enforcement agency.
10     (e) A driver may contest this suspension and
11 disqualification by requesting an administrative hearing with
12 the Secretary of State in accordance with Section 2-118 of this
13 Code. An individual whose blood alcohol concentration is shown
14 to be more than 0.00 is not subject to this Section if he or she
15 consumed alcohol in the performance of a religious service or
16 ceremony. An individual whose blood alcohol concentration is
17 shown to be more than 0.00 shall not be subject to this Section
18 if the individual's blood alcohol concentration resulted only
19 from ingestion of the prescribed or recommended dosage of
20 medicine that contained alcohol. The petition for that hearing
21 shall not stay or delay the effective date of the impending
22 suspension. The scope of this hearing shall be limited to the
23 issues of:
24         (1) whether the police officer had probable cause to
25     believe that the person was driving or in actual physical
26     control of a motor vehicle upon the public highways of the

 

 

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1     State and the police officer had reason to believe that the
2     person was in violation of any provision of the Illinois
3     Vehicle Code or a similar provision of a local ordinance;
4     and
5         (2) whether the person was issued a Uniform Traffic
6     Ticket for any violation of the Illinois Vehicle Code or a
7     similar provision of a local ordinance; and
8         (3) whether the police officer had probable cause to
9     believe that the driver had consumed any amount of an
10     alcoholic beverage based upon the driver's physical
11     actions or other first-hand knowledge of the police
12     officer; and
13         (4) whether the person, after being advised by the
14     officer that the privilege to operate a motor vehicle would
15     be suspended if the person refused to submit to and
16     complete the test or tests, did refuse to submit to or
17     complete the test or tests to determine the person's
18     alcohol concentration; and
19         (5) whether the person, after being advised by the
20     officer that the privileges to operate a motor vehicle
21     would be suspended if the person submits to a chemical test
22     or tests and the test or tests disclose an alcohol
23     concentration of more than 0.00, did submit to and complete
24     the test or tests that determined an alcohol concentration
25     of more than 0.00; and
26         (6) whether the test result of an alcohol concentration

 

 

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1     of more than 0.00 was based upon the person's consumption
2     of alcohol in the performance of a religious service or
3     ceremony; and
4         (7) whether the test result of an alcohol concentration
5     of more than 0.00 was based upon the person's consumption
6     of alcohol through ingestion of the prescribed or
7     recommended dosage of medicine.
8     At the conclusion of the hearing held under Section 2-118
9 of this Code, the Secretary of State may rescind, continue, or
10 modify the suspension and disqualification. If the Secretary of
11 State does not rescind the suspension and disqualification, a
12 restricted driving permit may be granted by the Secretary of
13 State upon application being made and good cause shown. A
14 restricted driving permit may be granted to relieve undue
15 hardship by allowing driving for employment, educational, and
16 medical purposes as outlined in item (3) of part (c) of Section
17 6-206 of this Code. The provisions of item (3) of part (c) of
18 Section 6-206 of this Code and of subsection (f) of that
19 Section shall apply. The Secretary of State shall promulgate
20 rules providing for participation in an alcohol education and
21 awareness program or activity, a drug education and awareness
22 program or activity, or both as a condition to the issuance of
23 a restricted driving permit for suspensions imposed under this
24 Section.
25     (f) The results of any chemical testing performed in
26 accordance with subsection (a) of this Section are not

 

 

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1 admissible in any civil or criminal proceeding, except that the
2 results of the testing may be considered at a hearing held
3 under Section 2-118 of this Code. However, the results of the
4 testing may not be used to impose driver's license sanctions
5 under Section 11-501.1 of this Code. A law enforcement officer
6 may, however, pursue a statutory summary suspension or
7 revocation of driving privileges under Section 11-501.1 of this
8 Code if other physical evidence or first hand knowledge forms
9 the basis of that suspension or revocation.
10     (g) This Section applies only to drivers who are under age
11 21 at the time of the issuance of a Uniform Traffic Ticket for
12 a violation of the Illinois Vehicle Code or a similar provision
13 of a local ordinance, and a chemical test request is made under
14 this Section.
15     (h) The action of the Secretary of State in suspending,
16 revoking, cancelling, or disqualifying any license or permit
17 shall be subject to judicial review in the Circuit Court of
18 Sangamon County or in the Circuit Court of Cook County, and the
19 provisions of the Administrative Review Law and its rules are
20 hereby adopted and shall apply to and govern every action for
21 the judicial review of final acts or decisions of the Secretary
22 of State under this Section.
23 (Source: P.A. 94-307, eff. 9-30-05; 95-201, eff. 1-1-08;
24 95-382, eff. 8-23-07; 95-627, eff. 6-1-08; 95-876, eff.
25 8-21-08.)
 

 

 

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1     Section 10. The Code of Criminal Procedure of 1963 is
2 amended by changing Section 115-15 as follows:
 
3     (725 ILCS 5/115-15)
4     Sec. 115-15. Laboratory reports.
5     (a) In any criminal prosecution for a violation of the
6 Cannabis Control Act, the Illinois Controlled Substances Act,
7 or the Methamphetamine Control and Community Protection Act, a
8 laboratory report from the Department of State Police, Division
9 of Forensic Services, that is signed and sworn to by the person
10 performing an analysis and that states (1) that the substance
11 that is the basis of the alleged violation has been weighed and
12 analyzed, and (2) the person's findings as to the contents,
13 weight and identity of the substance, and (3) that it contains
14 any amount of a controlled substance or cannabis is prima facie
15 evidence of the contents, identity and weight of the substance.
16 Attached to the report shall be a copy of a notarized statement
17 by the signer of the report giving the name of the signer and
18 stating (i) that he or she is an employee of the Department of
19 State Police, Division of Forensic Services, (ii) the name and
20 location of the laboratory where the analysis was performed,
21 (iii) that performing the analysis is a part of his or her
22 regular duties, and (iv) that the signer is qualified by
23 education, training and experience to perform the analysis. The
24 signer shall also allege that scientifically accepted tests
25 were performed with due caution and that the evidence was

 

 

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1 handled in accordance with established and accepted procedures
2 while in the custody of the laboratory.
3     (a-5) In any criminal prosecution for reckless homicide
4 under Section 9-3 of the Criminal Code of 1961 or driving under
5 the influence of alcohol, other drug, or combination of both,
6 in violation of Section 11-501 of the Illinois Vehicle Code or
7 in any civil action held under a statutory summary suspension
8 or revocation hearing under Section 2-118.1 of the Illinois
9 Vehicle Code, a laboratory report from the Department of State
10 Police, Division of Forensic Services, that is signed and sworn
11 to by the person performing an analysis, and that states that
12 the sample of blood or urine was tested for alcohol or drugs,
13 and contains the person's findings as to the presence and
14 amount of alcohol or drugs and type of drug is prima facie
15 evidence of the presence, content, and amount of the alcohol or
16 drugs analyzed in the blood or urine. Attached to the report
17 must be a copy of a notarized statement by the signer of the
18 report giving the name of the signer and stating (1) that he or
19 she is an employee of the Department of State Police, Division
20 of Forensic Services, (2) the name and location of the
21 laboratory where the analysis was performed, (3) that
22 performing the analysis is a part of his or her regular duties,
23 (4) that the signer is qualified by education, training, and
24 experience to perform the analysis, and (5) that scientifically
25 accepted tests were performed with due caution and that the
26 evidence was handled in accordance with established and

 

 

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1 accepted procedures while in the custody of the laboratory.
2     (b) The State's Attorney shall serve a copy of the report
3 on the attorney of record for the accused, or on the accused if
4 he or she has no attorney, before any proceeding in which the
5 report is to be used against the accused other than at a
6 preliminary hearing or grand jury hearing when the report may
7 be used without having been previously served upon the accused.
8     (c) The report shall not be prima facie evidence if the
9 accused or his or her attorney demands the testimony of the
10 person signing the report by serving the demand upon the
11 State's Attorney within 7 days from the accused or his or her
12 attorney's receipt of the report.
13 (Source: P.A. 94-556, eff. 9-11-05.)
 
14     Section 99. Effective date. This Act takes effect July 1,
15 2011.".