HB1307 EngrossedLRB097 05237 HEP 45287 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 11-501.2 and 11-501.8 as follows:
 
6    (625 ILCS 5/11-501.2)  (from Ch. 95 1/2, par. 11-501.2)
7    Sec. 11-501.2. Chemical and other tests.
8    (a) Upon the trial of any civil or criminal action or
9proceeding arising out of an arrest for an offense as defined
10in Section 11-501 or a similar local ordinance or proceedings
11pursuant to Section 2-118.1, evidence of the concentration of
12alcohol, other drug or drugs, or intoxicating compound or
13compounds, or any combination thereof in a person's blood or
14breath at the time alleged, as determined by analysis of the
15person's blood, urine, breath or other bodily substance, shall
16be admissible. Where such test is made the following provisions
17shall apply:
18        1. Chemical analyses of the person's blood, urine,
19    breath or other bodily substance to be considered valid
20    under the provisions of this Section shall have been
21    performed according to standards promulgated by the
22    Department of State Police by a licensed physician,
23    registered nurse, trained phlebotomist, certified

 

 

HB1307 Engrossed- 2 -LRB097 05237 HEP 45287 b

1    paramedic, or other individual possessing a valid permit
2    issued by that Department for this purpose. The Director of
3    State Police is authorized to approve satisfactory
4    techniques or methods, to ascertain the qualifications and
5    competence of individuals to conduct such analyses, to
6    issue permits which shall be subject to termination or
7    revocation at the discretion of that Department and to
8    certify the accuracy of breath testing equipment. The
9    Department of State Police shall prescribe regulations as
10    necessary to implement this Section.
11        2. When a person in this State shall submit to a blood
12    test at the request of a law enforcement officer under the
13    provisions of Section 11-501.1, only a physician
14    authorized to practice medicine, a registered nurse,
15    trained phlebotomist, or certified paramedic, or other
16    qualified person approved by the Department of State Police
17    may withdraw blood for the purpose of determining the
18    alcohol, drug, or alcohol and drug content therein. This
19    limitation shall not apply to the taking of breath or urine
20    specimens.
21        When a blood test of a person who has been taken to an
22    adjoining state for medical treatment is requested by an
23    Illinois law enforcement officer, the blood may be
24    withdrawn only by a physician authorized to practice
25    medicine in the adjoining state, a registered nurse, a
26    trained phlebotomist acting under the direction of the

 

 

HB1307 Engrossed- 3 -LRB097 05237 HEP 45287 b

1    physician, or certified paramedic. The law enforcement
2    officer requesting the test shall take custody of the blood
3    sample, and the blood sample shall be analyzed by a
4    laboratory certified by the Department of State Police for
5    that purpose.
6        3. The person tested may have a physician, or a
7    qualified technician, chemist, registered nurse, or other
8    qualified person of their own choosing administer a
9    chemical test or tests in addition to any administered at
10    the direction of a law enforcement officer. The failure or
11    inability to obtain an additional test by a person shall
12    not preclude the admission of evidence relating to the test
13    or tests taken at the direction of a law enforcement
14    officer.
15        4. Upon the request of the person who shall submit to a
16    chemical test or tests at the request of a law enforcement
17    officer, full information concerning the test or tests
18    shall be made available to the person or such person's
19    attorney.
20        5. Alcohol concentration shall mean either grams of
21    alcohol per 100 milliliters of blood or grams of alcohol
22    per 210 liters of breath.
23    (b) Upon the trial of any civil or criminal action or
24proceeding arising out of acts alleged to have been committed
25by any person while driving or in actual physical control of a
26vehicle while under the influence of alcohol, the concentration

 

 

HB1307 Engrossed- 4 -LRB097 05237 HEP 45287 b

1of alcohol in the person's blood or breath at the time alleged
2as shown by analysis of the person's blood, urine, breath, or
3other bodily substance shall give rise to the following
4presumptions:
5        1. If there was at that time an alcohol concentration
6    of 0.05 or less, it shall be presumed that the person was
7    not under the influence of alcohol.
8        2. If there was at that time an alcohol concentration
9    in excess of 0.05 but less than 0.08, such facts shall not
10    give rise to any presumption that the person was or was not
11    under the influence of alcohol, but such fact may be
12    considered with other competent evidence in determining
13    whether the person was under the influence of alcohol.
14        3. If there was at that time an alcohol concentration
15    of 0.08 or more, it shall be presumed that the person was
16    under the influence of alcohol.
17        4. The foregoing provisions of this Section shall not
18    be construed as limiting the introduction of any other
19    relevant evidence bearing upon the question whether the
20    person was under the influence of alcohol.
21    (c) 1. If a person under arrest refuses to submit to a
22chemical test under the provisions of Section 11-501.1,
23evidence of refusal shall be admissible in any civil or
24criminal action or proceeding arising out of acts alleged to
25have been committed while the person under the influence of
26alcohol, other drug or drugs, or intoxicating compound or

 

 

HB1307 Engrossed- 5 -LRB097 05237 HEP 45287 b

1compounds, or any combination thereof was driving or in actual
2physical control of a motor vehicle.
3    2. Notwithstanding any ability to refuse under this Code to
4submit to these tests or any ability to revoke the implied
5consent to these tests, if a law enforcement officer has
6probable cause to believe that a motor vehicle driven by or in
7actual physical control of a person under the influence of
8alcohol, other drug or drugs, or intoxicating compound or
9compounds, or any combination thereof has caused the death or
10personal injury to another, that person shall submit, upon the
11request of a law enforcement officer, to a chemical test or
12tests of his or her blood, breath or urine for the purpose of
13determining the alcohol content thereof or the presence of any
14other drug or combination of both.
15    This provision does not affect the applicability of or
16imposition of driver's license sanctions under Section
1711-501.1 of this Code.
18    3. For purposes of this Section, a personal injury includes
19any Type A injury as indicated on the traffic accident report
20completed by a law enforcement officer that requires immediate
21professional attention in either a doctor's office or a medical
22facility. A Type A injury includes severe bleeding wounds,
23distorted extremities, and injuries that require the injured
24party to be carried from the scene.
25(Source: P.A. 96-289, eff. 8-11-09.)
 

 

 

HB1307 Engrossed- 6 -LRB097 05237 HEP 45287 b

1    (625 ILCS 5/11-501.8)
2    (Text of Section before amendment by P.A. 96-1344)
3    Sec. 11-501.8. Suspension of driver's license; persons
4under age 21.
5    (a) A person who is less than 21 years of age and who
6drives or is in actual physical control of a motor vehicle upon
7the public highways of this State shall be deemed to have given
8consent to a chemical test or tests of blood, breath, or urine
9for the purpose of determining the alcohol content of the
10person's blood if arrested, as evidenced by the issuance of a
11Uniform Traffic Ticket for any violation of the Illinois
12Vehicle Code or a similar provision of a local ordinance, if a
13police officer has probable cause to believe that the driver
14has consumed any amount of an alcoholic beverage based upon
15evidence of the driver's physical condition or other first hand
16knowledge of the police officer. The test or tests shall be
17administered at the direction of the arresting officer. The law
18enforcement agency employing the officer shall designate which
19of the aforesaid tests shall be administered. A urine test may
20be administered even after a blood or breath test or both has
21been administered.
22    (b) A person who is dead, unconscious, or who is otherwise
23in a condition rendering that person incapable of refusal,
24shall be deemed not to have withdrawn the consent provided by
25paragraph (a) of this Section and the test or tests may be
26administered subject to the following provisions:

 

 

HB1307 Engrossed- 7 -LRB097 05237 HEP 45287 b

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

 

 

HB1307 Engrossed- 8 -LRB097 05237 HEP 45287 b

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

 

 

HB1307 Engrossed- 9 -LRB097 05237 HEP 45287 b

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

 

 

HB1307 Engrossed- 10 -LRB097 05237 HEP 45287 b

1driver's license suspension under this Section, reports
2received by the Secretary of State under this Section shall,
3except during the time the suspension is in effect, be
4privileged information and for use only by the courts, police
5officers, prosecuting authorities, the Secretary of State, or
6the individual personally, unless the person is a CDL holder,
7is operating a commercial motor vehicle or vehicle required to
8be placarded for hazardous materials, in which case the
9suspension shall not be privileged. Reports received by the
10Secretary of State under this Section shall also be made
11available to the parent or guardian of a person under the age
12of 18 years that holds an instruction permit or a graduated
13driver's license, regardless of whether the suspension is in
14effect.
15    The law enforcement officer submitting the sworn report
16shall serve immediate notice of this suspension on the person
17and the suspension and disqualification shall be effective on
18the 46th day following the date notice was given.
19    In cases where the blood alcohol concentration of more than
200.00 is established by a subsequent analysis of blood or urine,
21the police officer or arresting agency shall give notice as
22provided in this Section or by deposit in the United States
23mail of that notice in an envelope with postage prepaid and
24addressed to that person at his last known address and the loss
25of driving privileges shall be effective on the 46th day
26following the date notice was given.

 

 

HB1307 Engrossed- 11 -LRB097 05237 HEP 45287 b

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

 

 

HB1307 Engrossed- 12 -LRB097 05237 HEP 45287 b

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

 

 

HB1307 Engrossed- 13 -LRB097 05237 HEP 45287 b

1        (6) whether the test result of an alcohol concentration
2    of more than 0.00 was based upon the person's consumption
3    of alcohol in the performance of a religious service or
4    ceremony; and
5        (7) whether the test result of an alcohol concentration
6    of more than 0.00 was based upon the person's consumption
7    of alcohol through ingestion of the prescribed or
8    recommended dosage of medicine.
9    At the conclusion of the hearing held under Section 2-118
10of this Code, the Secretary of State may rescind, continue, or
11modify the suspension and disqualification. If the Secretary of
12State does not rescind the suspension and disqualification, a
13restricted driving permit may be granted by the Secretary of
14State upon application being made and good cause shown. A
15restricted driving permit may be granted to relieve undue
16hardship by allowing driving for employment, educational, and
17medical purposes as outlined in item (3) of part (c) of Section
186-206 of this Code. The provisions of item (3) of part (c) of
19Section 6-206 of this Code and of subsection (f) of that
20Section shall apply. The Secretary of State shall promulgate
21rules providing for participation in an alcohol education and
22awareness program or activity, a drug education and awareness
23program or activity, or both as a condition to the issuance of
24a restricted driving permit for suspensions imposed under this
25Section.
26    (f) The results of any chemical testing performed in

 

 

HB1307 Engrossed- 14 -LRB097 05237 HEP 45287 b

1accordance with subsection (a) of this Section are not
2admissible in any civil or criminal proceeding, except that the
3results of the testing may be considered at a hearing held
4under Section 2-118 of this Code. However, the results of the
5testing may not be used to impose driver's license sanctions
6under Section 11-501.1 of this Code. A law enforcement officer
7may, however, pursue a statutory summary suspension of driving
8privileges under Section 11-501.1 of this Code if other
9physical evidence or first hand knowledge forms the basis of
10that suspension.
11    (g) This Section applies only to drivers who are under age
1221 at the time of the issuance of a Uniform Traffic Ticket for
13a violation of the Illinois Vehicle Code or a similar provision
14of a local ordinance, and a chemical test request is made under
15this Section.
16    (h) The action of the Secretary of State in suspending,
17revoking, cancelling, or disqualifying any license or permit
18shall be subject to judicial review in the Circuit Court of
19Sangamon County or in the Circuit Court of Cook County, and the
20provisions of the Administrative Review Law and its rules are
21hereby adopted and shall apply to and govern every action for
22the judicial review of final acts or decisions of the Secretary
23of State under this Section.
24(Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07;
2595-627, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1080, eff.
267-16-10.)
 

 

 

HB1307 Engrossed- 15 -LRB097 05237 HEP 45287 b

1    (Text of Section after amendment by P.A. 96-1344)
2    Sec. 11-501.8. Suspension of driver's license; persons
3under age 21.
4    (a) A person who is less than 21 years of age and who
5drives or is in actual physical control of a motor vehicle upon
6the public highways of this State shall be deemed to have given
7consent to a chemical test or tests of blood, breath, or urine
8for the purpose of determining the alcohol content of the
9person's blood if arrested, as evidenced by the issuance of a
10Uniform Traffic Ticket for any violation of the Illinois
11Vehicle Code or a similar provision of a local ordinance, if a
12police officer has probable cause to believe that the driver
13has consumed any amount of an alcoholic beverage based upon
14evidence of the driver's physical condition or other first hand
15knowledge of the police officer. The test or tests shall be
16administered at the direction of the arresting officer. The law
17enforcement agency employing the officer shall designate which
18of the aforesaid tests shall be administered. A urine test may
19be administered even after a blood or breath test or both has
20been administered.
21    (b) A person who is dead, unconscious, or who is otherwise
22in a condition rendering that person incapable of refusal,
23shall be deemed not to have withdrawn the consent provided by
24paragraph (a) of this Section and the test or tests may be
25administered subject to the following provisions:

 

 

HB1307 Engrossed- 16 -LRB097 05237 HEP 45287 b

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

 

 

HB1307 Engrossed- 17 -LRB097 05237 HEP 45287 b

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

 

 

HB1307 Engrossed- 18 -LRB097 05237 HEP 45287 b

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

 

 

HB1307 Engrossed- 19 -LRB097 05237 HEP 45287 b

1driver's license suspension under this Section, reports
2received by the Secretary of State under this Section shall,
3except during the time the suspension is in effect, be
4privileged information and for use only by the courts, police
5officers, prosecuting authorities, the Secretary of State, or
6the individual personally, unless the person is a CDL holder,
7is operating a commercial motor vehicle or vehicle required to
8be placarded for hazardous materials, in which case the
9suspension shall not be privileged. Reports received by the
10Secretary of State under this Section shall also be made
11available to the parent or guardian of a person under the age
12of 18 years that holds an instruction permit or a graduated
13driver's license, regardless of whether the suspension is in
14effect.
15    The law enforcement officer submitting the sworn report
16shall serve immediate notice of this suspension on the person
17and the suspension and disqualification shall be effective on
18the 46th day following the date notice was given.
19    In cases where the blood alcohol concentration of more than
200.00 is established by a subsequent analysis of blood or urine,
21the police officer or arresting agency shall give notice as
22provided in this Section or by deposit in the United States
23mail of that notice in an envelope with postage prepaid and
24addressed to that person at his last known address and the loss
25of driving privileges shall be effective on the 46th day
26following the date notice was given.

 

 

HB1307 Engrossed- 20 -LRB097 05237 HEP 45287 b

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

 

 

HB1307 Engrossed- 21 -LRB097 05237 HEP 45287 b

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

 

 

HB1307 Engrossed- 22 -LRB097 05237 HEP 45287 b

1        (6) whether the test result of an alcohol concentration
2    of more than 0.00 was based upon the person's consumption
3    of alcohol in the performance of a religious service or
4    ceremony; and
5        (7) whether the test result of an alcohol concentration
6    of more than 0.00 was based upon the person's consumption
7    of alcohol through ingestion of the prescribed or
8    recommended dosage of medicine.
9    At the conclusion of the hearing held under Section 2-118
10of this Code, the Secretary of State may rescind, continue, or
11modify the suspension and disqualification. If the Secretary of
12State does not rescind the suspension and disqualification, a
13restricted driving permit may be granted by the Secretary of
14State upon application being made and good cause shown. A
15restricted driving permit may be granted to relieve undue
16hardship by allowing driving for employment, educational, and
17medical purposes as outlined in item (3) of part (c) of Section
186-206 of this Code. The provisions of item (3) of part (c) of
19Section 6-206 of this Code and of subsection (f) of that
20Section shall apply. The Secretary of State shall promulgate
21rules providing for participation in an alcohol education and
22awareness program or activity, a drug education and awareness
23program or activity, or both as a condition to the issuance of
24a restricted driving permit for suspensions imposed under this
25Section.
26    (f) The results of any chemical testing performed in

 

 

HB1307 Engrossed- 23 -LRB097 05237 HEP 45287 b

1accordance with subsection (a) of this Section are not
2admissible in any civil or criminal proceeding, except that the
3results of the testing may be considered at a hearing held
4under Section 2-118 of this Code. However, the results of the
5testing may not be used to impose driver's license sanctions
6under Section 11-501.1 of this Code. A law enforcement officer
7may, however, pursue a statutory summary suspension or
8revocation of driving privileges under Section 11-501.1 of this
9Code if other physical evidence or first hand knowledge forms
10the basis of that suspension or revocation.
11    (g) This Section applies only to drivers who are under age
1221 at the time of the issuance of a Uniform Traffic Ticket for
13a violation of the Illinois Vehicle Code or a similar provision
14of a local ordinance, and a chemical test request is made under
15this Section.
16    (h) The action of the Secretary of State in suspending,
17revoking, cancelling, or disqualifying any license or permit
18shall be subject to judicial review in the Circuit Court of
19Sangamon County or in the Circuit Court of Cook County, and the
20provisions of the Administrative Review Law and its rules are
21hereby adopted and shall apply to and govern every action for
22the judicial review of final acts or decisions of the Secretary
23of State under this Section.
24(Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07;
2595-627, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1080, eff.
267-16-10; 96-1344, eff. 7-1-11; revised 9-2-10.)
 

 

 

HB1307 Engrossed- 24 -LRB097 05237 HEP 45287 b

1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.