HB0218 EngrossedLRB099 04095 RLC 24114 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement and sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the Unified Code of Corrections,
14        730 ILCS 5/5-1-2 through 5/5-1-22:
15                (i) Business Offense (730 ILCS 5/5-1-2),
16                (ii) Charge (730 ILCS 5/5-1-3),
17                (iii) Court (730 ILCS 5/5-1-6),
18                (iv) Defendant (730 ILCS 5/5-1-7),
19                (v) Felony (730 ILCS 5/5-1-9),
20                (vi) Imprisonment (730 ILCS 5/5-1-10),
21                (vii) Judgment (730 ILCS 5/5-1-12),
22                (viii) Misdemeanor (730 ILCS 5/5-1-14),
23                (ix) Offense (730 ILCS 5/5-1-15),

 

 

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1                (x) Parole (730 ILCS 5/5-1-16),
2                (xi) Petty Offense (730 ILCS 5/5-1-17),
3                (xii) Probation (730 ILCS 5/5-1-18),
4                (xiii) Sentence (730 ILCS 5/5-1-19),
5                (xiv) Supervision (730 ILCS 5/5-1-21), and
6                (xv) Victim (730 ILCS 5/5-1-22).
7            (B) As used in this Section, "charge not initiated
8        by arrest" means a charge (as defined by 730 ILCS
9        5/5-1-3) brought against a defendant where the
10        defendant is not arrested prior to or as a direct
11        result of the charge.
12            (C) "Conviction" means a judgment of conviction or
13        sentence entered upon a plea of guilty or upon a
14        verdict or finding of guilty of an offense, rendered by
15        a legally constituted jury or by a court of competent
16        jurisdiction authorized to try the case without a jury.
17        An order of supervision successfully completed by the
18        petitioner is not a conviction. An order of qualified
19        probation (as defined in subsection (a)(1)(J))
20        successfully completed by the petitioner is not a
21        conviction. An order of supervision or an order of
22        qualified probation that is terminated
23        unsatisfactorily is a conviction, unless the
24        unsatisfactory termination is reversed, vacated, or
25        modified and the judgment of conviction, if any, is
26        reversed or vacated.

 

 

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1            (D) "Criminal offense" means a petty offense,
2        business offense, misdemeanor, felony, or municipal
3        ordinance violation (as defined in subsection
4        (a)(1)(H)). As used in this Section, a minor traffic
5        offense (as defined in subsection (a)(1)(G)) shall not
6        be considered a criminal offense.
7            (E) "Expunge" means to physically destroy the
8        records or return them to the petitioner and to
9        obliterate the petitioner's name from any official
10        index or public record, or both. Nothing in this Act
11        shall require the physical destruction of the circuit
12        court file, but such records relating to arrests or
13        charges, or both, ordered expunged shall be impounded
14        as required by subsections (d)(9)(A)(ii) and
15        (d)(9)(B)(ii).
16            (F) As used in this Section, "last sentence" means
17        the sentence, order of supervision, or order of
18        qualified probation (as defined by subsection
19        (a)(1)(J)), for a criminal offense (as defined by
20        subsection (a)(1)(D)) that terminates last in time in
21        any jurisdiction, regardless of whether the petitioner
22        has included the criminal offense for which the
23        sentence or order of supervision or qualified
24        probation was imposed in his or her petition. If
25        multiple sentences, orders of supervision, or orders
26        of qualified probation terminate on the same day and

 

 

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1        are last in time, they shall be collectively considered
2        the "last sentence" regardless of whether they were
3        ordered to run concurrently.
4            (G) "Minor traffic offense" means a petty offense,
5        business offense, or Class C misdemeanor under the
6        Illinois Vehicle Code or a similar provision of a
7        municipal or local ordinance.
8            (H) "Municipal ordinance violation" means an
9        offense defined by a municipal or local ordinance that
10        is criminal in nature and with which the petitioner was
11        charged or for which the petitioner was arrested and
12        released without charging.
13            (I) "Petitioner" means an adult or a minor
14        prosecuted as an adult who has applied for relief under
15        this Section.
16            (J) "Qualified probation" means an order of
17        probation under Section 10 of the Cannabis Control Act,
18        Section 410 of the Illinois Controlled Substances Act,
19        Section 70 of the Methamphetamine Control and
20        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
21        of the Unified Code of Corrections, Section
22        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
23        those provisions existed before their deletion by
24        Public Act 89-313), Section 10-102 of the Illinois
25        Alcoholism and Other Drug Dependency Act, Section
26        40-10 of the Alcoholism and Other Drug Abuse and

 

 

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1        Dependency Act, or Section 10 of the Steroid Control
2        Act. For the purpose of this Section, "successful
3        completion" of an order of qualified probation under
4        Section 10-102 of the Illinois Alcoholism and Other
5        Drug Dependency Act and Section 40-10 of the Alcoholism
6        and Other Drug Abuse and Dependency Act means that the
7        probation was terminated satisfactorily and the
8        judgment of conviction was vacated.
9            (K) "Seal" means to physically and electronically
10        maintain the records, unless the records would
11        otherwise be destroyed due to age, but to make the
12        records unavailable without a court order, subject to
13        the exceptions in Sections 12 and 13 of this Act. The
14        petitioner's name shall also be obliterated from the
15        official index required to be kept by the circuit court
16        clerk under Section 16 of the Clerks of Courts Act, but
17        any index issued by the circuit court clerk before the
18        entry of the order to seal shall not be affected.
19            (L) "Sexual offense committed against a minor"
20        includes but is not limited to the offenses of indecent
21        solicitation of a child or criminal sexual abuse when
22        the victim of such offense is under 18 years of age.
23            (M) "Terminate" as it relates to a sentence or
24        order of supervision or qualified probation includes
25        either satisfactory or unsatisfactory termination of
26        the sentence, unless otherwise specified in this

 

 

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1        Section.
2        (2) Minor Traffic Offenses. Orders of supervision or
3    convictions for minor traffic offenses shall not affect a
4    petitioner's eligibility to expunge or seal records
5    pursuant to this Section.
6        (2.5) Commencing 180 days after the effective date of
7    this amendatory Act of the 99th General Assembly, the law
8    enforcement agency issuing the citation shall
9    automatically expunge, on or before January 1 and July 1 of
10    each year, the law enforcement records of a person found to
11    have committed a civil law violation of subsection (a) of
12    Section 4 of the Cannabis Control Act or subsection (c) of
13    Section 3.5 of the Drug Paraphernalia Control Act in the
14    law enforcement agency's possession or control and which
15    contains the final satisfactory disposition which pertain
16    to the person issued a citation for that offense. The law
17    enforcement agency shall provide by rule the process for
18    access, review, and to confirm the automatic expungement by
19    the law enforcement agency issuing the citation.
20    Commencing 180 days after the effective date of this
21    amendatory Act of the 99th General Assembly, the clerk of
22    the circuit court shall automatically expunge, on or before
23    January 1 and July 1 of each year, the court records of a
24    person found in the circuit court to have committed a civil
25    law violation of subsection (a) of Section 4 of the
26    Cannabis Control Act or subsection (c) of Section 3.5 of

 

 

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1    the Drug Paraphernalia Control Act in the clerk's
2    possession or control and which contains the final
3    satisfactory disposition which pertain to the person
4    issued a citation for any of those offenses.
5        (3) Exclusions. Except as otherwise provided in
6    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
7    of this Section, the court shall not order:
8            (A) the sealing or expungement of the records of
9        arrests or charges not initiated by arrest that result
10        in an order of supervision for or conviction of: (i)
11        any sexual offense committed against a minor; (ii)
12        Section 11-501 of the Illinois Vehicle Code or a
13        similar provision of a local ordinance; or (iii)
14        Section 11-503 of the Illinois Vehicle Code or a
15        similar provision of a local ordinance, unless the
16        arrest or charge is for a misdemeanor violation of
17        subsection (a) of Section 11-503 or a similar provision
18        of a local ordinance, that occurred prior to the
19        offender reaching the age of 25 years and the offender
20        has no other conviction for violating Section 11-501 or
21        11-503 of the Illinois Vehicle Code or a similar
22        provision of a local ordinance.
23            (B) the sealing or expungement of records of minor
24        traffic offenses (as defined in subsection (a)(1)(G)),
25        unless the petitioner was arrested and released
26        without charging.

 

 

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1            (C) the sealing of the records of arrests or
2        charges not initiated by arrest which result in an
3        order of supervision or a conviction for the following
4        offenses:
5                (i) offenses included in Article 11 of the
6            Criminal Code of 1961 or the Criminal Code of 2012
7            or a similar provision of a local ordinance, except
8            Section 11-14 of the Criminal Code of 1961 or the
9            Criminal Code of 2012, or a similar provision of a
10            local ordinance;
11                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
12            26-5, or 48-1 of the Criminal Code of 1961 or the
13            Criminal Code of 2012, or a similar provision of a
14            local ordinance;
15                (iii) Sections 12-3.1 or 12-3.2 of the
16            Criminal Code of 1961 or the Criminal Code of 2012,
17            or Section 125 of the Stalking No Contact Order
18            Act, or Section 219 of the Civil No Contact Order
19            Act, or a similar provision of a local ordinance;
20                (iv) offenses which are Class A misdemeanors
21            under the Humane Care for Animals Act; or
22                (v) any offense or attempted offense that
23            would subject a person to registration under the
24            Sex Offender Registration Act.
25            (D) the sealing of the records of an arrest which
26        results in the petitioner being charged with a felony

 

 

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1        offense or records of a charge not initiated by arrest
2        for a felony offense unless:
3                (i) the charge is amended to a misdemeanor and
4            is otherwise eligible to be sealed pursuant to
5            subsection (c);
6                (ii) the charge is brought along with another
7            charge as a part of one case and the charge results
8            in acquittal, dismissal, or conviction when the
9            conviction was reversed or vacated, and another
10            charge brought in the same case results in a
11            disposition for a misdemeanor offense that is
12            eligible to be sealed pursuant to subsection (c) or
13            a disposition listed in paragraph (i), (iii), or
14            (iv) of this subsection;
15                (iii) the charge results in first offender
16            probation as set forth in subsection (c)(2)(E);
17                (iv) the charge is for a felony offense listed
18            in subsection (c)(2)(F) or the charge is amended to
19            a felony offense listed in subsection (c)(2)(F);
20                (v) the charge results in acquittal,
21            dismissal, or the petitioner's release without
22            conviction; or
23                (vi) the charge results in a conviction, but
24            the conviction was reversed or vacated.
25    (b) Expungement.
26        (1) A petitioner may petition the circuit court to

 

 

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1    expunge the records of his or her arrests and charges not
2    initiated by arrest when:
3            (A) He or she has never been convicted of a
4        criminal offense; and
5            (B) Each arrest or charge not initiated by arrest
6        sought to be expunged resulted in: (i) acquittal,
7        dismissal, or the petitioner's release without
8        charging, unless excluded by subsection (a)(3)(B);
9        (ii) a conviction which was vacated or reversed, unless
10        excluded by subsection (a)(3)(B); (iii) an order of
11        supervision and such supervision was successfully
12        completed by the petitioner, unless excluded by
13        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
14        qualified probation (as defined in subsection
15        (a)(1)(J)) and such probation was successfully
16        completed by the petitioner.
17        (2) Time frame for filing a petition to expunge.
18            (A) When the arrest or charge not initiated by
19        arrest sought to be expunged resulted in an acquittal,
20        dismissal, the petitioner's release without charging,
21        or the reversal or vacation of a conviction, there is
22        no waiting period to petition for the expungement of
23        such records.
24            (B) When the arrest or charge not initiated by
25        arrest sought to be expunged resulted in an order of
26        supervision, successfully completed by the petitioner,

 

 

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1        the following time frames will apply:
2                (i) Those arrests or charges that resulted in
3            orders of supervision under Section 3-707, 3-708,
4            3-710, or 5-401.3 of the Illinois Vehicle Code or a
5            similar provision of a local ordinance, or under
6            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
7            Code of 1961 or the Criminal Code of 2012, or a
8            similar provision of a local ordinance, shall not
9            be eligible for expungement until 5 years have
10            passed following the satisfactory termination of
11            the supervision.
12                (i-5) Those arrests or charges that resulted
13            in orders of supervision for a misdemeanor
14            violation of subsection (a) of Section 11-503 of
15            the Illinois Vehicle Code or a similar provision of
16            a local ordinance, that occurred prior to the
17            offender reaching the age of 25 years and the
18            offender has no other conviction for violating
19            Section 11-501 or 11-503 of the Illinois Vehicle
20            Code or a similar provision of a local ordinance
21            shall not be eligible for expungement until the
22            petitioner has reached the age of 25 years.
23                (ii) Those arrests or charges that resulted in
24            orders of supervision for any other offenses shall
25            not be eligible for expungement until 2 years have
26            passed following the satisfactory termination of

 

 

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1            the supervision.
2            (C) When the arrest or charge not initiated by
3        arrest sought to be expunged resulted in an order of
4        qualified probation, successfully completed by the
5        petitioner, such records shall not be eligible for
6        expungement until 5 years have passed following the
7        satisfactory termination of the probation.
8        (3) Those records maintained by the Department for
9    persons arrested prior to their 17th birthday shall be
10    expunged as provided in Section 5-915 of the Juvenile Court
11    Act of 1987.
12        (4) Whenever a person has been arrested for or
13    convicted of any offense, in the name of a person whose
14    identity he or she has stolen or otherwise come into
15    possession of, the aggrieved person from whom the identity
16    was stolen or otherwise obtained without authorization,
17    upon learning of the person having been arrested using his
18    or her identity, may, upon verified petition to the chief
19    judge of the circuit wherein the arrest was made, have a
20    court order entered nunc pro tunc by the Chief Judge to
21    correct the arrest record, conviction record, if any, and
22    all official records of the arresting authority, the
23    Department, other criminal justice agencies, the
24    prosecutor, and the trial court concerning such arrest, if
25    any, by removing his or her name from all such records in
26    connection with the arrest and conviction, if any, and by

 

 

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1    inserting in the records the name of the offender, if known
2    or ascertainable, in lieu of the aggrieved's name. The
3    records of the circuit court clerk shall be sealed until
4    further order of the court upon good cause shown and the
5    name of the aggrieved person obliterated on the official
6    index required to be kept by the circuit court clerk under
7    Section 16 of the Clerks of Courts Act, but the order shall
8    not affect any index issued by the circuit court clerk
9    before the entry of the order. Nothing in this Section
10    shall limit the Department of State Police or other
11    criminal justice agencies or prosecutors from listing
12    under an offender's name the false names he or she has
13    used.
14        (5) Whenever a person has been convicted of criminal
15    sexual assault, aggravated criminal sexual assault,
16    predatory criminal sexual assault of a child, criminal
17    sexual abuse, or aggravated criminal sexual abuse, the
18    victim of that offense may request that the State's
19    Attorney of the county in which the conviction occurred
20    file a verified petition with the presiding trial judge at
21    the petitioner's trial to have a court order entered to
22    seal the records of the circuit court clerk in connection
23    with the proceedings of the trial court concerning that
24    offense. However, the records of the arresting authority
25    and the Department of State Police concerning the offense
26    shall not be sealed. The court, upon good cause shown,

 

 

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1    shall make the records of the circuit court clerk in
2    connection with the proceedings of the trial court
3    concerning the offense available for public inspection.
4        (6) If a conviction has been set aside on direct review
5    or on collateral attack and the court determines by clear
6    and convincing evidence that the petitioner was factually
7    innocent of the charge, the court that finds the petitioner
8    factually innocent of the charge shall enter an expungement
9    order for the conviction for which the petitioner has been
10    determined to be innocent as provided in subsection (b) of
11    Section 5-5-4 of the Unified Code of Corrections.
12        (7) Nothing in this Section shall prevent the
13    Department of State Police from maintaining all records of
14    any person who is admitted to probation upon terms and
15    conditions and who fulfills those terms and conditions
16    pursuant to Section 10 of the Cannabis Control Act, Section
17    410 of the Illinois Controlled Substances Act, Section 70
18    of the Methamphetamine Control and Community Protection
19    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
20    Corrections, Section 12-4.3 or subdivision (b)(1) of
21    Section 12-3.05 of the Criminal Code of 1961 or the
22    Criminal Code of 2012, Section 10-102 of the Illinois
23    Alcoholism and Other Drug Dependency Act, Section 40-10 of
24    the Alcoholism and Other Drug Abuse and Dependency Act, or
25    Section 10 of the Steroid Control Act.
26        (8) If the petitioner has been granted a certificate of

 

 

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1    innocence under Section 2-702 of the Code of Civil
2    Procedure, the court that grants the certificate of
3    innocence shall also enter an order expunging the
4    conviction for which the petitioner has been determined to
5    be innocent as provided in subsection (h) of Section 2-702
6    of the Code of Civil Procedure.
7    (c) Sealing.
8        (1) Applicability. Notwithstanding any other provision
9    of this Act to the contrary, and cumulative with any rights
10    to expungement of criminal records, this subsection
11    authorizes the sealing of criminal records of adults and of
12    minors prosecuted as adults.
13        (2) Eligible Records. The following records may be
14    sealed:
15            (A) All arrests resulting in release without
16        charging;
17            (B) Arrests or charges not initiated by arrest
18        resulting in acquittal, dismissal, or conviction when
19        the conviction was reversed or vacated, except as
20        excluded by subsection (a)(3)(B);
21            (C) Arrests or charges not initiated by arrest
22        resulting in orders of supervision, including orders
23        of supervision for municipal ordinance violations,
24        successfully completed by the petitioner, unless
25        excluded by subsection (a)(3);
26            (D) Arrests or charges not initiated by arrest

 

 

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1        resulting in convictions, including convictions on
2        municipal ordinance violations, unless excluded by
3        subsection (a)(3);
4            (E) Arrests or charges not initiated by arrest
5        resulting in orders of first offender probation under
6        Section 10 of the Cannabis Control Act, Section 410 of
7        the Illinois Controlled Substances Act, Section 70 of
8        the Methamphetamine Control and Community Protection
9        Act, or Section 5-6-3.3 of the Unified Code of
10        Corrections; and
11            (F) Arrests or charges not initiated by arrest
12        resulting in felony convictions for the following
13        offenses:
14                (i) Class 4 felony convictions for:
15                    Prostitution under Section 11-14 of the
16                Criminal Code of 1961 or the Criminal Code of
17                2012.
18                    Possession of cannabis under Section 4 of
19                the Cannabis Control Act.
20                    Possession of a controlled substance under
21                Section 402 of the Illinois Controlled
22                Substances Act.
23                    Offenses under the Methamphetamine
24                Precursor Control Act.
25                    Offenses under the Steroid Control Act.
26                    Theft under Section 16-1 of the Criminal

 

 

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1                Code of 1961 or the Criminal Code of 2012.
2                    Retail theft under Section 16A-3 or
3                paragraph (a) of 16-25 of the Criminal Code of
4                1961 or the Criminal Code of 2012.
5                    Deceptive practices under Section 17-1 of
6                the Criminal Code of 1961 or the Criminal Code
7                of 2012.
8                    Forgery under Section 17-3 of the Criminal
9                Code of 1961 or the Criminal Code of 2012.
10                    Possession of burglary tools under Section
11                19-2 of the Criminal Code of 1961 or the
12                Criminal Code of 2012.
13            (ii) Class 3 felony convictions for:
14                    Theft under Section 16-1 of the Criminal
15                Code of 1961 or the Criminal Code of 2012.
16                    Retail theft under Section 16A-3 or
17                paragraph (a) of 16-25 of the Criminal Code of
18                1961 or the Criminal Code of 2012.
19                    Deceptive practices under Section 17-1 of
20                the Criminal Code of 1961 or the Criminal Code
21                of 2012.
22                    Forgery under Section 17-3 of the Criminal
23                Code of 1961 or the Criminal Code of 2012.
24                    Possession with intent to manufacture or
25                deliver a controlled substance under Section
26                401 of the Illinois Controlled Substances Act.

 

 

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1        (3) When Records Are Eligible to Be Sealed. Records
2    identified as eligible under subsection (c)(2) may be
3    sealed as follows:
4            (A) Records identified as eligible under
5        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
6        time.
7            (B) Records identified as eligible under
8        subsection (c)(2)(C) may be sealed (i) 3 years after
9        the termination of petitioner's last sentence (as
10        defined in subsection (a)(1)(F)) if the petitioner has
11        never been convicted of a criminal offense (as defined
12        in subsection (a)(1)(D)); or (ii) 4 years after the
13        termination of the petitioner's last sentence (as
14        defined in subsection (a)(1)(F)) if the petitioner has
15        ever been convicted of a criminal offense (as defined
16        in subsection (a)(1)(D)).
17            (C) Records identified as eligible under
18        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
19        sealed 4 years after the termination of the
20        petitioner's last sentence (as defined in subsection
21        (a)(1)(F)).
22            (D) Records identified in subsection
23        (a)(3)(A)(iii) may be sealed after the petitioner has
24        reached the age of 25 years.
25        (4) Subsequent felony convictions. A person may not
26    have subsequent felony conviction records sealed as

 

 

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1    provided in this subsection (c) if he or she is convicted
2    of any felony offense after the date of the sealing of
3    prior felony convictions as provided in this subsection
4    (c). The court may, upon conviction for a subsequent felony
5    offense, order the unsealing of prior felony conviction
6    records previously ordered sealed by the court.
7        (5) Notice of eligibility for sealing. Upon entry of a
8    disposition for an eligible record under this subsection
9    (c), the petitioner shall be informed by the court of the
10    right to have the records sealed and the procedures for the
11    sealing of the records.
12    (d) Procedure. The following procedures apply to
13expungement under subsections (b), (e), and (e-6) and sealing
14under subsections (c) and (e-5):
15        (1) Filing the petition. Upon becoming eligible to
16    petition for the expungement or sealing of records under
17    this Section, the petitioner shall file a petition
18    requesting the expungement or sealing of records with the
19    clerk of the court where the arrests occurred or the
20    charges were brought, or both. If arrests occurred or
21    charges were brought in multiple jurisdictions, a petition
22    must be filed in each such jurisdiction. The petitioner
23    shall pay the applicable fee, if not waived.
24        (2) Contents of petition. The petition shall be
25    verified and shall contain the petitioner's name, date of
26    birth, current address and, for each arrest or charge not

 

 

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1    initiated by arrest sought to be sealed or expunged, the
2    case number, the date of arrest (if any), the identity of
3    the arresting authority, and such other information as the
4    court may require. During the pendency of the proceeding,
5    the petitioner shall promptly notify the circuit court
6    clerk of any change of his or her address. If the
7    petitioner has received a certificate of eligibility for
8    sealing from the Prisoner Review Board under paragraph (10)
9    of subsection (a) of Section 3-3-2 of the Unified Code of
10    Corrections, the certificate shall be attached to the
11    petition.
12        (3) Drug test. The petitioner must attach to the
13    petition proof that the petitioner has passed a test taken
14    within 30 days before the filing of the petition showing
15    the absence within his or her body of all illegal
16    substances as defined by the Illinois Controlled
17    Substances Act, the Methamphetamine Control and Community
18    Protection Act, and the Cannabis Control Act if he or she
19    is petitioning to:
20            (A) seal felony records under clause (c)(2)(E);
21            (B) seal felony records for a violation of the
22        Illinois Controlled Substances Act, the
23        Methamphetamine Control and Community Protection Act,
24        or the Cannabis Control Act under clause (c)(2)(F);
25            (C) seal felony records under subsection (e-5); or
26            (D) expunge felony records of a qualified

 

 

HB0218 Engrossed- 21 -LRB099 04095 RLC 24114 b

1        probation under clause (b)(1)(B)(iv).
2        (4) Service of petition. The circuit court clerk shall
3    promptly serve a copy of the petition and documentation to
4    support the petition under subsection (e-5) or (e-6) on the
5    State's Attorney or prosecutor charged with the duty of
6    prosecuting the offense, the Department of State Police,
7    the arresting agency and the chief legal officer of the
8    unit of local government effecting the arrest.
9        (5) Objections.
10            (A) Any party entitled to notice of the petition
11        may file an objection to the petition. All objections
12        shall be in writing, shall be filed with the circuit
13        court clerk, and shall state with specificity the basis
14        of the objection. Whenever a person who has been
15        convicted of an offense is granted a pardon by the
16        Governor which specifically authorizes expungement, an
17        objection to the petition may not be filed.
18            (B) Objections to a petition to expunge or seal
19        must be filed within 60 days of the date of service of
20        the petition.
21        (6) Entry of order.
22            (A) The Chief Judge of the circuit wherein the
23        charge was brought, any judge of that circuit
24        designated by the Chief Judge, or in counties of less
25        than 3,000,000 inhabitants, the presiding trial judge
26        at the petitioner's trial, if any, shall rule on the

 

 

HB0218 Engrossed- 22 -LRB099 04095 RLC 24114 b

1        petition to expunge or seal as set forth in this
2        subsection (d)(6).
3            (B) Unless the State's Attorney or prosecutor, the
4        Department of State Police, the arresting agency, or
5        the chief legal officer files an objection to the
6        petition to expunge or seal within 60 days from the
7        date of service of the petition, the court shall enter
8        an order granting or denying the petition.
9        (7) Hearings. If an objection is filed, the court shall
10    set a date for a hearing and notify the petitioner and all
11    parties entitled to notice of the petition of the hearing
12    date at least 30 days prior to the hearing. Prior to the
13    hearing, the State's Attorney shall consult with the
14    Department as to the appropriateness of the relief sought
15    in the petition to expunge or seal. At the hearing, the
16    court shall hear evidence on whether the petition should or
17    should not be granted, and shall grant or deny the petition
18    to expunge or seal the records based on the evidence
19    presented at the hearing. The court may consider the
20    following:
21            (A) the strength of the evidence supporting the
22        defendant's conviction;
23            (B) the reasons for retention of the conviction
24        records by the State;
25            (C) the petitioner's age, criminal record history,
26        and employment history;

 

 

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1            (D) the period of time between the petitioner's
2        arrest on the charge resulting in the conviction and
3        the filing of the petition under this Section; and
4            (E) the specific adverse consequences the
5        petitioner may be subject to if the petition is denied.
6        (8) Service of order. After entering an order to
7    expunge or seal records, the court must provide copies of
8    the order to the Department, in a form and manner
9    prescribed by the Department, to the petitioner, to the
10    State's Attorney or prosecutor charged with the duty of
11    prosecuting the offense, to the arresting agency, to the
12    chief legal officer of the unit of local government
13    effecting the arrest, and to such other criminal justice
14    agencies as may be ordered by the court.
15        (9) Implementation of order.
16            (A) Upon entry of an order to expunge records
17        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
18                (i) the records shall be expunged (as defined
19            in subsection (a)(1)(E)) by the arresting agency,
20            the Department, and any other agency as ordered by
21            the court, within 60 days of the date of service of
22            the order, unless a motion to vacate, modify, or
23            reconsider the order is filed pursuant to
24            paragraph (12) of subsection (d) of this Section;
25                (ii) the records of the circuit court clerk
26            shall be impounded until further order of the court

 

 

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1            upon good cause shown and the name of the
2            petitioner obliterated on the official index
3            required to be kept by the circuit court clerk
4            under Section 16 of the Clerks of Courts Act, but
5            the order shall not affect any index issued by the
6            circuit court clerk before the entry of the order;
7            and
8                (iii) in response to an inquiry for expunged
9            records, the court, the Department, or the agency
10            receiving such inquiry, shall reply as it does in
11            response to inquiries when no records ever
12            existed.
13            (B) Upon entry of an order to expunge records
14        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
15                (i) the records shall be expunged (as defined
16            in subsection (a)(1)(E)) by the arresting agency
17            and any other agency as ordered by the court,
18            within 60 days of the date of service of the order,
19            unless a motion to vacate, modify, or reconsider
20            the order is filed pursuant to paragraph (12) of
21            subsection (d) of this Section;
22                (ii) the records of the circuit court clerk
23            shall be impounded until further order of the court
24            upon good cause shown and the name of the
25            petitioner obliterated on the official index
26            required to be kept by the circuit court clerk

 

 

HB0218 Engrossed- 25 -LRB099 04095 RLC 24114 b

1            under Section 16 of the Clerks of Courts Act, but
2            the order shall not affect any index issued by the
3            circuit court clerk before the entry of the order;
4                (iii) the records shall be impounded by the
5            Department within 60 days of the date of service of
6            the order as ordered by the court, unless a motion
7            to vacate, modify, or reconsider the order is filed
8            pursuant to paragraph (12) of subsection (d) of
9            this Section;
10                (iv) records impounded by the Department may
11            be disseminated by the Department only as required
12            by law or to the arresting authority, the State's
13            Attorney, and the court upon a later arrest for the
14            same or a similar offense or for the purpose of
15            sentencing for any subsequent felony, and to the
16            Department of Corrections upon conviction for any
17            offense; and
18                (v) in response to an inquiry for such records
19            from anyone not authorized by law to access such
20            records, the court, the Department, or the agency
21            receiving such inquiry shall reply as it does in
22            response to inquiries when no records ever
23            existed.
24            (B-5) Upon entry of an order to expunge records
25        under subsection (e-6):
26                (i) the records shall be expunged (as defined

 

 

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1            in subsection (a)(1)(E)) by the arresting agency
2            and any other agency as ordered by the court,
3            within 60 days of the date of service of the order,
4            unless a motion to vacate, modify, or reconsider
5            the order is filed under paragraph (12) of
6            subsection (d) of this Section;
7                (ii) the records of the circuit court clerk
8            shall be impounded until further order of the court
9            upon good cause shown and the name of the
10            petitioner obliterated on the official index
11            required to be kept by the circuit court clerk
12            under Section 16 of the Clerks of Courts Act, but
13            the order shall not affect any index issued by the
14            circuit court clerk before the entry of the order;
15                (iii) the records shall be impounded by the
16            Department within 60 days of the date of service of
17            the order as ordered by the court, unless a motion
18            to vacate, modify, or reconsider the order is filed
19            under paragraph (12) of subsection (d) of this
20            Section;
21                (iv) records impounded by the Department may
22            be disseminated by the Department only as required
23            by law or to the arresting authority, the State's
24            Attorney, and the court upon a later arrest for the
25            same or a similar offense or for the purpose of
26            sentencing for any subsequent felony, and to the

 

 

HB0218 Engrossed- 27 -LRB099 04095 RLC 24114 b

1            Department of Corrections upon conviction for any
2            offense; and
3                (v) in response to an inquiry for these records
4            from anyone not authorized by law to access the
5            records, the court, the Department, or the agency
6            receiving the inquiry shall reply as it does in
7            response to inquiries when no records ever
8            existed.
9            (C) Upon entry of an order to seal records under
10        subsection (c), the arresting agency, any other agency
11        as ordered by the court, the Department, and the court
12        shall seal the records (as defined in subsection
13        (a)(1)(K)). In response to an inquiry for such records
14        from anyone not authorized by law to access such
15        records, the court, the Department, or the agency
16        receiving such inquiry shall reply as it does in
17        response to inquiries when no records ever existed.
18            (D) The Department shall send written notice to the
19        petitioner of its compliance with each order to expunge
20        or seal records within 60 days of the date of service
21        of that order or, if a motion to vacate, modify, or
22        reconsider is filed, within 60 days of service of the
23        order resolving the motion, if that order requires the
24        Department to expunge or seal records. In the event of
25        an appeal from the circuit court order, the Department
26        shall send written notice to the petitioner of its

 

 

HB0218 Engrossed- 28 -LRB099 04095 RLC 24114 b

1        compliance with an Appellate Court or Supreme Court
2        judgment to expunge or seal records within 60 days of
3        the issuance of the court's mandate. The notice is not
4        required while any motion to vacate, modify, or
5        reconsider, or any appeal or petition for
6        discretionary appellate review, is pending.
7        (10) Fees. The Department may charge the petitioner a
8    fee equivalent to the cost of processing any order to
9    expunge or seal records. Notwithstanding any provision of
10    the Clerks of Courts Act to the contrary, the circuit court
11    clerk may charge a fee equivalent to the cost associated
12    with the sealing or expungement of records by the circuit
13    court clerk. From the total filing fee collected for the
14    petition to seal or expunge, the circuit court clerk shall
15    deposit $10 into the Circuit Court Clerk Operation and
16    Administrative Fund, to be used to offset the costs
17    incurred by the circuit court clerk in performing the
18    additional duties required to serve the petition to seal or
19    expunge on all parties. The circuit court clerk shall
20    collect and forward the Department of State Police portion
21    of the fee to the Department and it shall be deposited in
22    the State Police Services Fund.
23        (11) Final Order. No court order issued under the
24    expungement or sealing provisions of this Section shall
25    become final for purposes of appeal until 30 days after
26    service of the order on the petitioner and all parties

 

 

HB0218 Engrossed- 29 -LRB099 04095 RLC 24114 b

1    entitled to notice of the petition.
2        (12) Motion to Vacate, Modify, or Reconsider. Under
3    Section 2-1203 of the Code of Civil Procedure, the
4    petitioner or any party entitled to notice may file a
5    motion to vacate, modify, or reconsider the order granting
6    or denying the petition to expunge or seal within 60 days
7    of service of the order. If filed more than 60 days after
8    service of the order, a petition to vacate, modify, or
9    reconsider shall comply with subsection (c) of Section
10    2-1401 of the Code of Civil Procedure. Upon filing of a
11    motion to vacate, modify, or reconsider, notice of the
12    motion shall be served upon the petitioner and all parties
13    entitled to notice of the petition.
14        (13) Effect of Order. An order granting a petition
15    under the expungement or sealing provisions of this Section
16    shall not be considered void because it fails to comply
17    with the provisions of this Section or because of any error
18    asserted in a motion to vacate, modify, or reconsider. The
19    circuit court retains jurisdiction to determine whether
20    the order is voidable and to vacate, modify, or reconsider
21    its terms based on a motion filed under paragraph (12) of
22    this subsection (d).
23        (14) Compliance with Order Granting Petition to Seal
24    Records. Unless a court has entered a stay of an order
25    granting a petition to seal, all parties entitled to notice
26    of the petition must fully comply with the terms of the

 

 

HB0218 Engrossed- 30 -LRB099 04095 RLC 24114 b

1    order within 60 days of service of the order even if a
2    party is seeking relief from the order through a motion
3    filed under paragraph (12) of this subsection (d) or is
4    appealing the order.
5        (15) Compliance with Order Granting Petition to
6    Expunge Records. While a party is seeking relief from the
7    order granting the petition to expunge through a motion
8    filed under paragraph (12) of this subsection (d) or is
9    appealing the order, and unless a court has entered a stay
10    of that order, the parties entitled to notice of the
11    petition must seal, but need not expunge, the records until
12    there is a final order on the motion for relief or, in the
13    case of an appeal, the issuance of that court's mandate.
14        (16) The changes to this subsection (d) made by Public
15    Act 98-163 apply to all petitions pending on August 5, 2013
16    (the effective date of Public Act 98-163) and to all orders
17    ruling on a petition to expunge or seal on or after August
18    5, 2013 (the effective date of Public Act 98-163).
19    (e) Whenever a person who has been convicted of an offense
20is granted a pardon by the Governor which specifically
21authorizes expungement, he or she may, upon verified petition
22to the Chief Judge of the circuit where the person had been
23convicted, any judge of the circuit designated by the Chief
24Judge, or in counties of less than 3,000,000 inhabitants, the
25presiding trial judge at the defendant's trial, have a court
26order entered expunging the record of arrest from the official

 

 

HB0218 Engrossed- 31 -LRB099 04095 RLC 24114 b

1records of the arresting authority and order that the records
2of the circuit court clerk and the Department be sealed until
3further order of the court upon good cause shown or as
4otherwise provided herein, and the name of the defendant
5obliterated from the official index requested to be kept by the
6circuit court clerk under Section 16 of the Clerks of Courts
7Act in connection with the arrest and conviction for the
8offense for which he or she had been pardoned but the order
9shall not affect any index issued by the circuit court clerk
10before the entry of the order. All records sealed by the
11Department may be disseminated by the Department only to the
12arresting authority, the State's Attorney, and the court upon a
13later arrest for the same or similar offense or for the purpose
14of sentencing for any subsequent felony. Upon conviction for
15any subsequent offense, the Department of Corrections shall
16have access to all sealed records of the Department pertaining
17to that individual. Upon entry of the order of expungement, the
18circuit court clerk shall promptly mail a copy of the order to
19the person who was pardoned.
20    (e-5) Whenever a person who has been convicted of an
21offense is granted a certificate of eligibility for sealing by
22the Prisoner Review Board which specifically authorizes
23sealing, he or she may, upon verified petition to the Chief
24Judge of the circuit where the person had been convicted, any
25judge of the circuit designated by the Chief Judge, or in
26counties of less than 3,000,000 inhabitants, the presiding

 

 

HB0218 Engrossed- 32 -LRB099 04095 RLC 24114 b

1trial judge at the petitioner's trial, have a court order
2entered sealing the record of arrest from the official records
3of the arresting authority and order that the records of the
4circuit court clerk and the Department be sealed until further
5order of the court upon good cause shown or as otherwise
6provided herein, and the name of the petitioner obliterated
7from the official index requested to be kept by the circuit
8court clerk under Section 16 of the Clerks of Courts Act in
9connection with the arrest and conviction for the offense for
10which he or she had been granted the certificate but the order
11shall not affect any index issued by the circuit court clerk
12before the entry of the order. All records sealed by the
13Department may be disseminated by the Department only as
14required by this Act or to the arresting authority, a law
15enforcement agency, the State's Attorney, and the court upon a
16later arrest for the same or similar offense or for the purpose
17of sentencing for any subsequent felony. Upon conviction for
18any subsequent offense, the Department of Corrections shall
19have access to all sealed records of the Department pertaining
20to that individual. Upon entry of the order of sealing, the
21circuit court clerk shall promptly mail a copy of the order to
22the person who was granted the certificate of eligibility for
23sealing.
24    (e-6) Whenever a person who has been convicted of an
25offense is granted a certificate of eligibility for expungement
26by the Prisoner Review Board which specifically authorizes

 

 

HB0218 Engrossed- 33 -LRB099 04095 RLC 24114 b

1expungement, he or she may, upon verified petition to the Chief
2Judge of the circuit where the person had been convicted, any
3judge of the circuit designated by the Chief Judge, or in
4counties of less than 3,000,000 inhabitants, the presiding
5trial judge at the petitioner's trial, have a court order
6entered expunging the record of arrest from the official
7records of the arresting authority and order that the records
8of the circuit court clerk and the Department be sealed until
9further order of the court upon good cause shown or as
10otherwise provided herein, and the name of the petitioner
11obliterated from the official index requested to be kept by the
12circuit court clerk under Section 16 of the Clerks of Courts
13Act in connection with the arrest and conviction for the
14offense for which he or she had been granted the certificate
15but the order shall not affect any index issued by the circuit
16court clerk before the entry of the order. All records sealed
17by the Department may be disseminated by the Department only as
18required by this Act or to the arresting authority, a law
19enforcement agency, the State's Attorney, and the court upon a
20later arrest for the same or similar offense or for the purpose
21of sentencing for any subsequent felony. Upon conviction for
22any subsequent offense, the Department of Corrections shall
23have access to all expunged records of the Department
24pertaining to that individual. Upon entry of the order of
25expungement, the circuit court clerk shall promptly mail a copy
26of the order to the person who was granted the certificate of

 

 

HB0218 Engrossed- 34 -LRB099 04095 RLC 24114 b

1eligibility for expungement.
2    (f) Subject to available funding, the Illinois Department
3of Corrections shall conduct a study of the impact of sealing,
4especially on employment and recidivism rates, utilizing a
5random sample of those who apply for the sealing of their
6criminal records under Public Act 93-211. At the request of the
7Illinois Department of Corrections, records of the Illinois
8Department of Employment Security shall be utilized as
9appropriate to assist in the study. The study shall not
10disclose any data in a manner that would allow the
11identification of any particular individual or employing unit.
12The study shall be made available to the General Assembly no
13later than September 1, 2010.
14(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
1597-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
161-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,
17eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
18eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
19eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
2098-1009, eff. 1-1-15; revised 9-30-14.)
 
21    Section 10. The Compassionate Use of Medical Cannabis Pilot
22Program Act is amended by changing Section 65 as follows:
 
23    (410 ILCS 130/65)
24    (Section scheduled to be repealed on January 1, 2018)

 

 

HB0218 Engrossed- 35 -LRB099 04095 RLC 24114 b

1    Sec. 65. Denial of registry identification cards.
2    (a) The Department of Public Health may deny an application
3or renewal of a qualifying patient's registry identification
4card only if the applicant:
5        (1) did not provide the required information and
6    materials;
7        (2) previously had a registry identification card
8    revoked;
9        (3) did not meet the requirements of this Act; or
10        (4) provided false or falsified information.
11    (b) Except as provided in subsection (b-5) of this Section,
12no No person who has been convicted of a felony under the
13Illinois Controlled Substances Act, Cannabis Control Act, or
14Methamphetamine Control and Community Protection Act, or
15similar provision in a local ordinance or other jurisdiction is
16eligible to receive a registry identification card.
17    (b-5) If a person was convicted of a felony under the
18Cannabis Control Act or a similar provision of a local
19ordinance or of a law of another jurisdiction, and the action
20warranting that felony is no longer considered a felony after
21the effective date of this amendatory Act of the 99th General
22Assembly, that person shall be eligible to receive a registry
23identification card.
24    (c) The Department of Public Health may deny an application
25or renewal for a designated caregiver chosen by a qualifying
26patient whose registry identification card was granted only if:

 

 

HB0218 Engrossed- 36 -LRB099 04095 RLC 24114 b

1        (1) the designated caregiver does not meet the
2    requirements of subsection (i) of Section 10;
3        (2) the applicant did not provide the information
4    required;
5        (3) the prospective patient's application was denied;
6        (4) the designated caregiver previously had a registry
7    identification card revoked; or
8        (5) the applicant or the designated caregiver provided
9    false or falsified information.
10    (d) The Department of Public Health through the Department
11of State Police shall conduct a background check of the
12prospective qualifying patient and designated caregiver in
13order to carry out this Section. The Department of State Police
14shall charge a fee for conducting the criminal history record
15check, which shall be deposited in the State Police Services
16Fund and shall not exceed the actual cost of the record check.
17Each person applying as a qualifying patient or a designated
18caregiver shall submit a full set of fingerprints to the
19Department of State Police for the purpose of obtaining a State
20and federal criminal records check. These fingerprints shall be
21checked against the fingerprint records now and hereafter, to
22the extent allowed by law, filed in the Department of State
23Police and Federal Bureau of Investigation criminal history
24records databases. The Department of State Police shall
25furnish, following positive identification, all Illinois
26conviction information to the Department of Public Health. The

 

 

HB0218 Engrossed- 37 -LRB099 04095 RLC 24114 b

1Department of Public Health may waive the submission of a
2qualifying patient's complete fingerprints based on (1) the
3severity of the patient's illness and (2) the inability of the
4qualifying patient to supply those fingerprints, provided that
5a complete criminal background check is conducted by the
6Department of State Police prior to the issuance of a registry
7identification card.
8    (e) The Department of Public Health shall notify the
9qualifying patient who has designated someone to serve as his
10or her designated caregiver if a registry identification card
11will not be issued to the designated caregiver.
12    (f) Denial of an application or renewal is considered a
13final Department action, subject to judicial review.
14Jurisdiction and venue for judicial review are vested in the
15Circuit Court.
16(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
17    Section 15. The Illinois Aeronautics Act is amended by
18changing Sections 43d and 43e as follows:
 
19    (620 ILCS 5/43d)  (from Ch. 15 1/2, par. 22.43d)
20    Sec. 43d. Intoxicated persons in or about aircraft.
21    (a) No person shall:
22        (1) Operate or attempt to operate any aircraft in this
23    State while under the influence of intoxicating liquor or
24    any narcotic drug or other controlled substance.

 

 

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1        (2) Knowingly permit any individual who is under the
2    influence of intoxicating liquor or any narcotic drug or
3    other controlled substance to operate any aircraft owned by
4    the person or in his custody or control.
5        (3) Perform any act in connection with the maintenance
6    or operation of any aircraft when under the influence of
7    intoxicating liquor or any narcotic drug or other
8    controlled substance, except medication prescribed by a
9    physician which will not render the person incapable of
10    performing his duties safely.
11        (4)(i) Consume alcoholic liquor within 8 hours prior to
12    operating or acting as a crew member of any aircraft within
13    this State.
14        (ii) Act as a crew member of any aircraft within this
15    State while under the influence of alcohol or when the
16    alcohol concentration in the person's blood, other bodily
17    substance, or breath is 0.04 or more based on the
18    definition of blood, other bodily substance, and breath
19    units contained in Section 11-501.2 of the Illinois Vehicle
20    Code.
21        (iii) Operate any aircraft within this State when the
22    alcohol concentration in the person's blood, other bodily
23    substance, or breath is 0.04 or more based on the
24    definition of blood, other bodily substance, and breath
25    units contained in Section 11-501.2 of the Illinois Vehicle
26    Code.

 

 

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1        (iv) Operate or act as a crew member of any aircraft
2    within this State when there is any amount of a drug,
3    substance, or compound in the person's blood, other bodily
4    substance, or urine resulting from the unlawful use or
5    consumption of cannabis as listed in the Cannabis Control
6    Act or a controlled substance as listed in the Illinois
7    Controlled Substances Act.
8        (5) Knowingly consume while a crew member of any
9    aircraft any intoxicating liquor, narcotic drug, or other
10    controlled substance while the aircraft is in operation.
11    (b) Any person who violates clause (4)(i) of subsection (a)
12of this Section is guilty of a Class A misdemeanor. A person
13who violates paragraph (2), (3), or (5) or clause (4)(ii) of
14subsection (a) of this Section is guilty of a Class 4 felony. A
15person who violates paragraph (1) or clause (4)(iii) or (4)(iv)
16of subsection (a) of this Section is guilty of a Class 3
17felony.
18(Source: P.A. 98-756, eff. 7-16-14.)
 
19    (620 ILCS 5/43e)  (from Ch. 15 1/2, par. 22.43e)
20    Sec. 43e. (a) Any person who operates, is in actual
21physical control or who acts as a crew member of any aircraft
22in this State shall be deemed to have given consent, subject to
23the provisions of Section 11-501.2 of the Illinois Vehicle
24Code, to a chemical test or tests of blood, breath, other
25bodily substance, or urine for the purpose of determining the

 

 

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1alcohol, other drug, or combination thereof content of the
2person's blood if arrested or upon request by any law
3enforcement officer where the officer has probable cause to
4believe the person is in violation of Section 43d of this Act.
5The test or tests shall be administered at the direction of the
6arresting law enforcement officer and the agency employing the
7officer shall designate which of the tests specified in this
8Section shall be administered.
9    (b) Any person who is dead, unconscious or who is otherwise
10in a condition rendering the person incapable of refusal, shall
11be deemed not to have withdrawn the consent provided by
12paragraph (a) of this Section, and the test or tests may be
13administered, subject to the provisions of Section 11-501.2 of
14the Illinois Vehicle Code.
15    (c) If the person refuses testing or submits to a test
16which discloses an alcohol concentration of 0.04 or more or
17discloses the presence of any illegal drug the law enforcement
18officer shall immediately submit a sworn report containing that
19information to the Federal Aviation Administration, Civil
20Aeronautics Board or any other federal agency responsible for
21the licensing of pilots and crew members. The test results
22shall, in addition, be made available to any agency responsible
23for relicensing or recertifying any pilot or crew member.
24(Source: P.A. 87-458.)
 
25    Section 20. The Illinois Vehicle Code is amended by

 

 

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1changing Sections 2-118, 2-118.1, 6-106.1a, 6-208.1, 6-514,
26-517, 11-401, 11-500, 11-500.1, 11-501, 11-501.1, 11-501.2,
311-501.4, 11-501.4-1, 11-501.6, 11-501.8, and 11-507 as
4follows:
 
5    (625 ILCS 5/2-118)  (from Ch. 95 1/2, par. 2-118)
6    Sec. 2-118. Hearings.
7    (a) Upon the suspension, revocation or denial of the
8issuance of a license, permit, registration or certificate of
9title under this Code of any person the Secretary of State
10shall immediately notify such person in writing and upon his
11written request shall, within 20 days after receipt thereof,
12set a date for a hearing to commence within 90 calendar days
13from the date of the written request for all requests related
14to a suspension, revocation, or the denial of the issuance of a
15license, permit, registration, or certificate of title
16occurring after July 1, 2002, in the County of Sangamon, the
17County of Jefferson, or the County of Cook, as such person may
18specify, unless both parties agree that such hearing may be
19held in some other county. The Secretary may require the
20payment of a fee of not more than $50 for the filing of any
21petition, motion, or request for hearing conducted pursuant to
22this Section. These fees must be deposited into the Secretary
23of State DUI Administration Fund, a special fund created in the
24State treasury, and, subject to appropriation and as directed
25by the Secretary of State, shall be used for operation of the

 

 

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1Department of Administrative Hearings of the Office of the
2Secretary of State and for no other purpose. The Secretary
3shall establish by rule the amount and the procedures, terms,
4and conditions relating to these fees.
5    (b) At any time after the suspension, revocation or denial
6of a license, permit, registration or certificate of title of
7any person as hereinbefore referred to, the Secretary of State,
8in his or her discretion and without the necessity of a request
9by such person, may hold such a hearing, upon not less than 10
10days' notice in writing, in the Counties of Sangamon,
11Jefferson, or Cook or in any other county agreed to by the
12parties.
13    (c) Upon any such hearing, the Secretary of State, or his
14authorized agent may administer oaths and issue subpoenas for
15the attendance of witnesses and the production of relevant
16books and records and may require an examination of such
17person. Upon any such hearing, the Secretary of State shall
18either rescind or, good cause appearing therefor, continue,
19change or extend the Order of Revocation or Suspension, or upon
20petition therefore and subject to the provisions of this Code,
21issue a restricted driving permit or reinstate the license or
22permit of such person.
23    (d) All hearings and hearing procedures shall comply with
24requirements of the Constitution, so that no person is deprived
25of due process of law nor denied equal protection of the laws.
26All hearings shall be held before the Secretary of State or

 

 

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1before such persons as may be designated by the Secretary of
2State and appropriate records of such hearings shall be kept.
3Where a transcript of the hearing is taken, the person
4requesting the hearing shall have the opportunity to order a
5copy thereof at his own expense. The Secretary of State shall
6enter an order upon any hearing conducted under this Section,
7related to a suspension, revocation, or the denial of the
8issuance of a license, permit, registration, or certificate of
9title occurring after July 1, 2002, within 90 days of its
10conclusion and shall immediately notify the person in writing
11of his or her action.
12    (d-5) Any hearing over which the Secretary of State has
13jurisdiction because of a person's implied consent to testing
14of the person's blood, breath, other bodily substance, or urine
15for the presence of alcohol, drugs, or intoxicating compounds
16may be conducted upon a review of the official police reports.
17Either party, however, may subpoena the arresting officer and
18any other law enforcement officer who was involved in the
19petitioner's arrest or processing after arrest, as well as any
20other person whose testimony may be probative to the issues at
21the hearing. The failure of a law enforcement officer to answer
22the subpoena shall be considered grounds for a continuance if,
23in the hearing officer's discretion, the continuance is
24appropriate. The failure of the arresting officer to answer a
25subpoena shall not, in and of itself, be considered grounds for
26the rescission of an implied consent suspension. Rather, the

 

 

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1hearing shall proceed on the basis of the other evidence
2available, and the hearing officer shall assign this evidence
3whatever probative value is deemed appropriate. The decision
4whether to rescind shall be based upon the totality of the
5evidence.
6    (e) The action of the Secretary of State in suspending,
7revoking or denying any license, permit, registration, or
8certificate of title shall be subject to judicial review in the
9Circuit Court of Sangamon County, in the Circuit Court of
10Jefferson County, or in the Circuit Court of Cook County, and
11the provisions of the Administrative Review Law, and all
12amendments and modifications thereto, and the rules adopted
13pursuant thereto, are hereby adopted and shall apply to and
14govern every action for the judicial review of final acts or
15decisions of the Secretary of State hereunder.
16(Source: P.A. 95-627, eff. 6-1-08; 96-184, eff. 8-10-09.)
 
17    (625 ILCS 5/2-118.1)  (from Ch. 95 1/2, par. 2-118.1)
18    Sec. 2-118.1. Opportunity for hearing; statutory summary
19alcohol or other drug related suspension or revocation pursuant
20to Section 11-501.1.
21    (a) A statutory summary suspension or revocation of driving
22privileges under Section 11-501.1 shall not become effective
23until the person is notified in writing of the impending
24suspension or revocation and informed that he may request a
25hearing in the circuit court of venue under paragraph (b) of

 

 

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1this Section and the statutory summary suspension or revocation
2shall become effective as provided in Section 11-501.1.
3    (b) Within 90 days after the notice of statutory summary
4suspension or revocation served under Section 11-501.1, the
5person may make a written request for a judicial hearing in the
6circuit court of venue. The request to the circuit court shall
7state the grounds upon which the person seeks to have the
8statutory summary suspension or revocation rescinded. Within
930 days after receipt of the written request or the first
10appearance date on the Uniform Traffic Ticket issued pursuant
11to a violation of Section 11-501, or a similar provision of a
12local ordinance, the hearing shall be conducted by the circuit
13court having jurisdiction. This judicial hearing, request, or
14process shall not stay or delay the statutory summary
15suspension or revocation. The hearings shall proceed in the
16court in the same manner as in other civil proceedings.
17    The hearing may be conducted upon a review of the law
18enforcement officer's own official reports; provided however,
19that the person may subpoena the officer. Failure of the
20officer to answer the subpoena shall be considered grounds for
21a continuance if in the court's discretion the continuance is
22appropriate.
23    The scope of the hearing shall be limited to the issues of:
24        1. Whether the person was placed under arrest for an
25    offense as defined in Section 11-501, or a similar
26    provision of a local ordinance, as evidenced by the

 

 

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1    issuance of a Uniform Traffic Ticket, or issued a Uniform
2    Traffic Ticket out of state as provided in subsection (a)
3    of Section 11-501.1; and
4        2. Whether the officer had reasonable grounds to
5    believe that the person was driving or in actual physical
6    control of a motor vehicle upon a highway while under the
7    influence of alcohol, other drug, or combination of both;
8    and
9        3. Whether the person, after being advised by the
10    officer that the privilege to operate a motor vehicle would
11    be suspended or revoked if the person refused to submit to
12    and complete the test or tests, did refuse to submit to or
13    complete the test or tests to determine the person's blood
14    alcohol or drug concentration; or
15        4. Whether the person, after being advised by the
16    officer that the privilege to operate a motor vehicle would
17    be suspended if the person submits to a chemical test, or
18    tests, and the test discloses an alcohol concentration of
19    0.08 or more, a tetrahydrocannabinol concentration as
20    defined in paragraph 6 of subsection (a) of Section
21    11-501.2 of this Code, or any amount of a drug, substance,
22    or compound in the person's blood, other bodily substance,
23    or urine resulting from the unlawful use or consumption of
24    cannabis listed in the Cannabis Control Act, a controlled
25    substance listed in the Illinois Controlled Substances
26    Act, an intoxicating compound as listed in the Use of

 

 

HB0218 Engrossed- 47 -LRB099 04095 RLC 24114 b

1    Intoxicating Compounds Act, or methamphetamine as listed
2    in the Methamphetamine Control and Community Protection
3    Act, and the person did submit to and complete the test or
4    tests that determined an alcohol concentration of 0.08 or
5    more.
6        4.2. (Blank).
7        4.5. (Blank).
8        5. If the person's driving privileges were revoked,
9    whether the person was involved in a motor vehicle accident
10    that caused Type A injury or death to another.
11    Upon the conclusion of the judicial hearing, the circuit
12court shall sustain or rescind the statutory summary suspension
13or revocation and immediately notify the Secretary of State.
14Reports received by the Secretary of State under this Section
15shall be privileged information and for use only by the courts,
16police officers, and Secretary of State.
17(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
18    (625 ILCS 5/6-106.1a)
19    Sec. 6-106.1a. Cancellation of school bus driver permit;
20trace of alcohol.
21    (a) A person who has been issued a school bus driver permit
22by the Secretary of State in accordance with Section 6-106.1 of
23this Code and who drives or is in actual physical control of a
24school bus or any other vehicle owned or operated by or for a
25public or private school, or a school operated by a religious

 

 

HB0218 Engrossed- 48 -LRB099 04095 RLC 24114 b

1institution, when the vehicle is being used over a regularly
2scheduled route for the transportation of persons enrolled as
3students in grade 12 or below, in connection with any activity
4of the entities listed, upon the public highways of this State
5shall be deemed to have given consent to a chemical test or
6tests of blood, breath, other bodily substance, or urine for
7the purpose of determining the alcohol content of the person's
8blood if arrested, as evidenced by the issuance of a Uniform
9Traffic Ticket for any violation of this Code or a similar
10provision of a local ordinance, if a police officer has
11probable cause to believe that the driver has consumed any
12amount of an alcoholic beverage based upon evidence of the
13driver's physical condition or other first hand knowledge of
14the police officer. The test or tests shall be administered at
15the direction of the arresting officer. The law enforcement
16agency employing the officer shall designate which of the
17aforesaid tests shall be administered. A urine or other bodily
18substance test may be administered even after a blood or breath
19test or both has been administered.
20    (b) A person who is dead, unconscious, or who is otherwise
21in a condition rendering that person incapable of refusal,
22shall be deemed not to have withdrawn the consent provided by
23paragraph (a) of this Section and the test or tests may be
24administered subject to the following provisions:
25        (1) Chemical analysis of the person's blood, urine,
26    breath, or other bodily substance, to be considered valid

 

 

HB0218 Engrossed- 49 -LRB099 04095 RLC 24114 b

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

 

 

HB0218 Engrossed- 50 -LRB099 04095 RLC 24114 b

1    at the direction of a law enforcement officer. The test
2    administered at the request of the person may be admissible
3    into evidence at a hearing conducted in accordance with
4    Section 2-118 of this Code. The failure or inability to
5    obtain an additional test by a person shall not preclude
6    the consideration of the previously performed chemical
7    test.
8        (4) Upon a request of the person who submits to a
9    chemical test or tests at the request of a law enforcement
10    officer, full information concerning the test or tests
11    shall be made available to the person or that person's
12    attorney by the requesting law enforcement agency within 72
13    hours of receipt of the test result.
14        (5) Alcohol concentration means either grams of
15    alcohol per 100 milliliters of blood or grams of alcohol
16    per 210 liters of breath.
17        (6) If a driver is receiving medical treatment as a
18    result of a motor vehicle accident, a physician licensed to
19    practice medicine, licensed physician assistant, licensed
20    advanced practice nurse, registered nurse, or other
21    qualified person trained in venipuncture and acting under
22    the direction of a licensed physician shall withdraw blood
23    for testing purposes to ascertain the presence of alcohol
24    upon the specific request of a law enforcement officer.
25    However, that testing shall not be performed until, in the
26    opinion of the medical personnel on scene, the withdrawal

 

 

HB0218 Engrossed- 51 -LRB099 04095 RLC 24114 b

1    can be made without interfering with or endangering the
2    well-being of the patient.
3    (c) A person requested to submit to a test as provided in
4this Section shall be warned by the law enforcement officer
5requesting the test that a refusal to submit to the test, or
6submission to the test resulting in an alcohol concentration of
7more than 0.00, may result in the loss of that person's
8privilege to possess a school bus driver permit. The loss of
9the individual's privilege to possess a school bus driver
10permit shall be imposed in accordance with Section 6-106.1b of
11this Code.
12    (d) If the person refuses testing or submits to a test that
13discloses an alcohol concentration of more than 0.00, the law
14enforcement officer shall immediately submit a sworn report to
15the Secretary of State on a form prescribed by the Secretary of
16State certifying that the test or tests were requested under
17subsection (a) and the person refused to submit to a test or
18tests or submitted to testing which disclosed an alcohol
19concentration of more than 0.00. The law enforcement officer
20shall submit the same sworn report when a person who has been
21issued a school bus driver permit and who was operating a
22school bus or any other vehicle owned or operated by or for a
23public or private school, or a school operated by a religious
24institution, when the vehicle is being used over a regularly
25scheduled route for the transportation of persons enrolled as
26students in grade 12 or below, in connection with any activity

 

 

HB0218 Engrossed- 52 -LRB099 04095 RLC 24114 b

1of the entities listed, submits to testing under Section
211-501.1 of this Code and the testing discloses an alcohol
3concentration of more than 0.00 and less than the alcohol
4concentration at which driving or being in actual physical
5control of a motor vehicle is prohibited under paragraph (1) of
6subsection (a) of Section 11-501.
7    Upon receipt of the sworn report of a law enforcement
8officer, the Secretary of State shall enter the school bus
9driver permit sanction on the individual's driving record and
10the sanction shall be effective on the 46th day following the
11date notice of the sanction was given to the person.
12    The law enforcement officer submitting the sworn report
13shall serve immediate notice of this school bus driver permit
14sanction on the person and the sanction shall be effective on
15the 46th day following the date notice was given.
16    In cases where the blood alcohol concentration of more than
170.00 is established by a subsequent analysis of blood, other
18bodily substance, or urine, the police officer or arresting
19agency shall give notice as provided in this Section or by
20deposit in the United States mail of that notice in an envelope
21with postage prepaid and addressed to that person at his or her
22last known address and the loss of the school bus driver permit
23shall be effective on the 46th day following the date notice
24was given.
25    Upon receipt of the sworn report of a law enforcement
26officer, the Secretary of State shall also give notice of the

 

 

HB0218 Engrossed- 53 -LRB099 04095 RLC 24114 b

1school bus driver permit sanction to the driver and the
2driver's current employer by mailing a notice of the effective
3date of the sanction to the individual. However, shall the
4sworn report be defective by not containing sufficient
5information or be completed in error, the notice of the school
6bus driver permit sanction may not be mailed to the person or
7his current employer or entered to the driving record, but
8rather the sworn report shall be returned to the issuing law
9enforcement agency.
10    (e) A driver may contest this school bus driver permit
11sanction by requesting an administrative hearing with the
12Secretary of State in accordance with Section 2-118 of this
13Code. An individual whose blood alcohol concentration is shown
14to be more than 0.00 is not subject to this Section if he or she
15consumed alcohol in the performance of a religious service or
16ceremony. An individual whose blood alcohol concentration is
17shown to be more than 0.00 shall not be subject to this Section
18if the individual's blood alcohol concentration resulted only
19from ingestion of the prescribed or recommended dosage of
20medicine that contained alcohol. The petition for that hearing
21shall not stay or delay the effective date of the impending
22suspension. The scope of this hearing shall be limited to the
23issues 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 school bus or any other vehicle owned or

 

 

HB0218 Engrossed- 54 -LRB099 04095 RLC 24114 b

1    operated by or for a public or private school, or a school
2    operated by a religious institution, when the vehicle is
3    being used over a regularly scheduled route for the
4    transportation of persons enrolled as students in grade 12
5    or below, in connection with any activity of the entities
6    listed, upon the public highways of the State and the
7    police officer had reason to believe that the person was in
8    violation of any provision of this Code or a similar
9    provision of a local ordinance; and
10        (2) whether the person was issued a Uniform Traffic
11    Ticket for any violation of this Code or a similar
12    provision of a local ordinance; and
13        (3) whether the police officer had probable cause to
14    believe that the driver had consumed any amount of an
15    alcoholic beverage based upon the driver's physical
16    actions or other first-hand knowledge of the police
17    officer; and
18        (4) whether the person, after being advised by the
19    officer that the privilege to possess a school bus driver
20    permit would be canceled if the person refused to submit to
21    and complete the test or tests, did refuse to submit to or
22    complete the test or tests to determine the person's
23    alcohol concentration; and
24        (5) whether the person, after being advised by the
25    officer that the privileges to possess a school bus driver
26    permit would be canceled if the person submits to a

 

 

HB0218 Engrossed- 55 -LRB099 04095 RLC 24114 b

1    chemical test or tests and the test or tests disclose an
2    alcohol concentration of more than 0.00 and the person did
3    submit to and complete the test or tests that determined an
4    alcohol concentration of more than 0.00; and
5        (6) whether the test result of an alcohol concentration
6    of more than 0.00 was based upon the person's consumption
7    of alcohol in the performance of a religious service or
8    ceremony; and
9        (7) whether the test result of an alcohol concentration
10    of more than 0.00 was based upon the person's consumption
11    of alcohol through ingestion of the prescribed or
12    recommended dosage of medicine.
13    The Secretary of State may adopt administrative rules
14setting forth circumstances under which the holder of a school
15bus driver permit is not required to appear in person at the
16hearing.
17    Provided that the petitioner may subpoena the officer, the
18hearing may be conducted upon a review of the law enforcement
19officer's own official reports. Failure of the officer to
20answer the subpoena shall be grounds for a continuance if, in
21the hearing officer's discretion, the continuance is
22appropriate. At the conclusion of the hearing held under
23Section 2-118 of this Code, the Secretary of State may rescind,
24continue, or modify the school bus driver permit sanction.
25    (f) The results of any chemical testing performed in
26accordance with subsection (a) of this Section are not

 

 

HB0218 Engrossed- 56 -LRB099 04095 RLC 24114 b

1admissible in any civil or criminal proceeding, except that the
2results of the testing may be considered at a hearing held
3under Section 2-118 of this Code. However, the results of the
4testing may not be used to impose driver's license sanctions
5under Section 11-501.1 of this Code. A law enforcement officer
6may, however, pursue a statutory summary suspension or
7revocation of driving privileges under Section 11-501.1 of this
8Code if other physical evidence or first hand knowledge forms
9the basis of that suspension or revocation.
10    (g) This Section applies only to drivers who have been
11issued a school bus driver permit in accordance with Section
126-106.1 of this Code at the time of the issuance of the Uniform
13Traffic Ticket for a violation of this Code or a similar
14provision of a local ordinance, and a chemical test request is
15made under this Section.
16    (h) The action of the Secretary of State in suspending,
17revoking, canceling, or denying any license, permit,
18registration, or certificate of title shall be subject to
19judicial review in the Circuit Court of Sangamon County or in
20the Circuit Court of Cook County, and the provisions of the
21Administrative Review Law and its rules are hereby adopted and
22shall apply to and govern every action for the judicial review
23of final acts or decisions of the Secretary of State under this
24Section.
25(Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11.)
 

 

 

HB0218 Engrossed- 57 -LRB099 04095 RLC 24114 b

1    (625 ILCS 5/6-208.1)  (from Ch. 95 1/2, par. 6-208.1)
2    Sec. 6-208.1. Period of statutory summary alcohol, other
3drug, or intoxicating compound related suspension or
4revocation.
5    (a) Unless the statutory summary suspension has been
6rescinded, any person whose privilege to drive a motor vehicle
7on the public highways has been summarily suspended, pursuant
8to Section 11-501.1, shall not be eligible for restoration of
9the privilege until the expiration of:
10        1. twelve months from the effective date of the
11    statutory summary suspension for a refusal or failure to
12    complete a test or tests to determine the alcohol, other
13    drug, or intoxicating compound concentration under Section
14    11-501.1, if the person was not involved in a motor vehicle
15    accident that caused personal injury or death to another;
16    or
17        2. six months from the effective date of the statutory
18    summary suspension imposed following the person's
19    submission to a chemical test which disclosed an alcohol
20    concentration of 0.08 or more, the presence of cannabis as
21    listed in the Cannabis Control Act with a
22    tetrahydrocannabinol concentration as defined in paragraph
23    6 of subsection (a) of Section 11-501.2 of this Code, or
24    any amount of a drug, substance, or intoxicating compound
25    in such person's breath, blood, other bodily substance, or
26    urine resulting from the unlawful use or consumption of

 

 

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1    cannabis listed in the Cannabis Control Act, a controlled
2    substance listed in the Illinois Controlled Substances
3    Act, an intoxicating compound listed in the Use of
4    Intoxicating Compounds Act, or methamphetamine as listed
5    in the Methamphetamine Control and Community Protection
6    Act, pursuant to Section 11-501.1; or
7        3. three years from the effective date of the statutory
8    summary suspension for any person other than a first
9    offender who refuses or fails to complete a test or tests
10    to determine the alcohol, drug, or intoxicating compound
11    concentration pursuant to Section 11-501.1; or
12        4. one year from the effective date of the summary
13    suspension imposed for any person other than a first
14    offender following submission to a chemical test which
15    disclosed an alcohol concentration of 0.08 or more pursuant
16    to Section 11-501.1, the presence of cannabis as listed in
17    the Cannabis Control Act with a tetrahydrocannabinol
18    concentration as defined in paragraph 6 of subsection (a)
19    of Section 11-501.2 of this Code, or any amount of a drug,
20    substance or compound in such person's blood, other bodily
21    substance, or urine resulting from the unlawful use or
22    consumption of cannabis listed in the Cannabis Control Act,
23    a controlled substance listed in the Illinois Controlled
24    Substances Act, an intoxicating compound listed in the Use
25    of Intoxicating Compounds Act, or methamphetamine as
26    listed in the Methamphetamine Control and Community

 

 

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1    Protection Act; or
2        5. (Blank).
3    (b) Following a statutory summary suspension of the
4privilege to drive a motor vehicle under Section 11-501.1,
5driving privileges shall be restored unless the person is
6otherwise suspended, revoked, or cancelled by this Code. If the
7court has reason to believe that the person's driving privilege
8should not be restored, the court shall notify the Secretary of
9State prior to the expiration of the statutory summary
10suspension so appropriate action may be taken pursuant to this
11Code.
12    (c) Driving privileges may not be restored until all
13applicable reinstatement fees, as provided by this Code, have
14been paid to the Secretary of State and the appropriate entry
15made to the driver's record.
16    (d) Where a driving privilege has been summarily suspended
17or revoked under Section 11-501.1 and the person is
18subsequently convicted of violating Section 11-501, or a
19similar provision of a local ordinance, for the same incident,
20any period served on statutory summary suspension or revocation
21shall be credited toward the minimum period of revocation of
22driving privileges imposed pursuant to Section 6-205.
23    (e) A first offender who refused chemical testing and whose
24driving privileges were summarily revoked pursuant to Section
2511-501.1 shall not be eligible for a monitoring device driving
26permit, but may make application for reinstatement or for a

 

 

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1restricted driving permit after a period of one year has
2elapsed from the effective date of the revocation.
3    (f) (Blank).
4    (g) Following a statutory summary suspension of driving
5privileges pursuant to Section 11-501.1 where the person was
6not a first offender, as defined in Section 11-500, the
7Secretary of State may not issue a restricted driving permit.
8    (h) (Blank).
9(Source: P.A. 97-229, eff. 7-28-11; 98-122, eff. 1-1-14;
1098-1015, eff. 8-22-14; 98-1172, eff. 1-12-15.)
 
11    (625 ILCS 5/6-514)  (from Ch. 95 1/2, par. 6-514)
12    (Text of Section before amendment by P.A. 98-176)
13    Sec. 6-514. Commercial driver's license (CDL); commercial
14learner's permit (CLP); disqualifications.
15    (a) A person shall be disqualified from driving a
16commercial motor vehicle for a period of not less than 12
17months for the first violation of:
18        (1) Refusing to submit to or failure to complete a test
19    or tests to determine the driver's blood concentration of
20    alcohol, other drug, or both while driving a commercial
21    motor vehicle or, if the driver is a CDL holder, while
22    driving a non-CMV; or
23        (2) Operating a commercial motor vehicle while the
24    alcohol concentration of the person's blood, breath or
25    urine is at least 0.04, or any amount of a drug, substance,

 

 

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1    or compound in the person's blood or urine resulting from
2    the unlawful use or consumption of cannabis listed in the
3    Cannabis Control Act, a controlled substance listed in the
4    Illinois Controlled Substances Act, or methamphetamine as
5    listed in the Methamphetamine Control and Community
6    Protection Act as indicated by a police officer's sworn
7    report or other verified evidence; or operating a
8    non-commercial motor vehicle while the alcohol
9    concentration of the person's blood, breath, or urine was
10    above the legal limit defined in Section 11-501.1 or
11    11-501.8 or any amount of a drug, substance, or compound in
12    the person's blood or urine resulting from the unlawful use
13    or consumption of cannabis listed in the Cannabis Control
14    Act, a controlled substance listed in the Illinois
15    Controlled Substances Act, or methamphetamine as listed in
16    the Methamphetamine Control and Community Protection Act
17    as indicated by a police officer's sworn report or other
18    verified evidence while holding a commercial driver's
19    license; or
20        (3) Conviction for a first violation of:
21            (i) Driving a commercial motor vehicle or, if the
22        driver is a CDL holder, driving a non-CMV while under
23        the influence of alcohol, or any other drug, or
24        combination of drugs to a degree which renders such
25        person incapable of safely driving; or
26            (ii) Knowingly leaving the scene of an accident

 

 

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1        while operating a commercial motor vehicle or, if the
2        driver is a CDL holder, while driving a non-CMV; or
3            (iii) Driving a commercial motor vehicle or, if the
4        driver is a CDL holder, driving a non-CMV while
5        committing any felony; or
6            (iv) Driving a commercial motor vehicle while the
7        person's driving privileges or driver's license or
8        permit is revoked, suspended, or cancelled or the
9        driver is disqualified from operating a commercial
10        motor vehicle; or
11            (v) Causing a fatality through the negligent
12        operation of a commercial motor vehicle, including but
13        not limited to the crimes of motor vehicle
14        manslaughter, homicide by a motor vehicle, and
15        negligent homicide.
16            As used in this subdivision (a)(3)(v), "motor
17        vehicle manslaughter" means the offense of involuntary
18        manslaughter if committed by means of a vehicle;
19        "homicide by a motor vehicle" means the offense of
20        first degree murder or second degree murder, if either
21        offense is committed by means of a vehicle; and
22        "negligent homicide" means reckless homicide under
23        Section 9-3 of the Criminal Code of 1961 or the
24        Criminal Code of 2012 and aggravated driving under the
25        influence of alcohol, other drug or drugs,
26        intoxicating compound or compounds, or any combination

 

 

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1        thereof under subdivision (d)(1)(F) of Section 11-501
2        of this Code.
3        If any of the above violations or refusals occurred
4    while transporting hazardous material(s) required to be
5    placarded, the person shall be disqualified for a period of
6    not less than 3 years; or
7        (4) (Blank).
8    (b) A person is disqualified for life for a second
9conviction of any of the offenses specified in paragraph (a),
10or any combination of those offenses, arising from 2 or more
11separate incidents.
12    (c) A person is disqualified from driving a commercial
13motor vehicle for life if the person either (i) uses a
14commercial motor vehicle in the commission of any felony
15involving the manufacture, distribution, or dispensing of a
16controlled substance, or possession with intent to
17manufacture, distribute or dispense a controlled substance or
18(ii) if the person is a CDL holder, uses a non-CMV in the
19commission of a felony involving any of those activities.
20    (d) The Secretary of State may, when the United States
21Secretary of Transportation so authorizes, issue regulations
22in which a disqualification for life under paragraph (b) may be
23reduced to a period of not less than 10 years. If a reinstated
24driver is subsequently convicted of another disqualifying
25offense, as specified in subsection (a) of this Section, he or
26she shall be permanently disqualified for life and shall be

 

 

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1ineligible to again apply for a reduction of the lifetime
2disqualification.
3    (e) A person is disqualified from driving a commercial
4motor vehicle for a period of not less than 2 months if
5convicted of 2 serious traffic violations, committed in a
6commercial motor vehicle, non-CMV while holding a CDL, or any
7combination thereof, arising from separate incidents,
8occurring within a 3 year period, provided the serious traffic
9violation committed in a non-CMV would result in the suspension
10or revocation of the CDL holder's non-CMV privileges. However,
11a person will be disqualified from driving a commercial motor
12vehicle for a period of not less than 4 months if convicted of
133 serious traffic violations, committed in a commercial motor
14vehicle, non-CMV while holding a CDL, or any combination
15thereof, arising from separate incidents, occurring within a 3
16year period, provided the serious traffic violation committed
17in a non-CMV would result in the suspension or revocation of
18the CDL holder's non-CMV privileges. If all the convictions
19occurred in a non-CMV, the disqualification shall be entered
20only if the convictions would result in the suspension or
21revocation of the CDL holder's non-CMV privileges.
22    (e-1) (Blank).
23    (f) Notwithstanding any other provision of this Code, any
24driver disqualified from operating a commercial motor vehicle,
25pursuant to this UCDLA, shall not be eligible for restoration
26of commercial driving privileges during any such period of

 

 

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1disqualification.
2    (g) After suspending, revoking, or cancelling a commercial
3driver's license, the Secretary of State must update the
4driver's records to reflect such action within 10 days. After
5suspending or revoking the driving privilege of any person who
6has been issued a CDL or commercial driver instruction permit
7from another jurisdiction, the Secretary shall originate
8notification to such issuing jurisdiction within 10 days.
9    (h) The "disqualifications" referred to in this Section
10shall not be imposed upon any commercial motor vehicle driver,
11by the Secretary of State, unless the prohibited action(s)
12occurred after March 31, 1992.
13    (i) A person is disqualified from driving a commercial
14motor vehicle in accordance with the following:
15        (1) For 6 months upon a first conviction of paragraph
16    (2) of subsection (b) or subsection (b-3) of Section 6-507
17    of this Code.
18        (2) For 2 years upon a second conviction of paragraph
19    (2) of subsection (b) or subsection (b-3) or any
20    combination of paragraphs (2) or (3) of subsection (b) or
21    subsections (b-3) or (b-5) of Section 6-507 of this Code
22    within a 10-year period if the second conviction is a
23    violation of paragraph (2) of subsection (b) or subsection
24    (b-3).
25        (3) For 3 years upon a third or subsequent conviction
26    of paragraph (2) of subsection (b) or subsection (b-3) or

 

 

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1    any combination of paragraphs (2) or (3) of subsection (b)
2    or subsections (b-3) or (b-5) of Section 6-507 of this Code
3    within a 10-year period if the third or subsequent
4    conviction is a violation of paragraph (2) of subsection
5    (b) or subsection (b-3).
6        (4) For one year upon a first conviction of paragraph
7    (3) of subsection (b) or subsection (b-5) of Section 6-507
8    of this Code.
9        (5) For 3 years upon a second conviction of paragraph
10    (3) of subsection (b) or subsection (b-5) or any
11    combination of paragraphs (2) or (3) of subsection (b) or
12    subsections (b-3) or (b-5) of Section 6-507 of this Code
13    within a 10-year period if the second conviction is a
14    violation of paragraph (3) of subsection (b) or (b-5).
15        (6) For 5 years upon a third or subsequent conviction
16    of paragraph (3) of subsection (b) or subsection (b-5) or
17    any combination of paragraphs (2) or (3) of subsection (b)
18    or subsections (b-3) or (b-5) of Section 6-507 of this Code
19    within a 10-year period if the third or subsequent
20    conviction is a violation of paragraph (3) of subsection
21    (b) or (b-5).
22    (j) Disqualification for railroad-highway grade crossing
23violation.
24        (1) General rule. A driver who is convicted of a
25    violation of a federal, State, or local law or regulation
26    pertaining to one of the following 6 offenses at a

 

 

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1    railroad-highway grade crossing must be disqualified from
2    operating a commercial motor vehicle for the period of time
3    specified in paragraph (2) of this subsection (j) if the
4    offense was committed while operating a commercial motor
5    vehicle:
6            (i) For drivers who are not required to always
7        stop, failing to slow down and check that the tracks
8        are clear of an approaching train or railroad track
9        equipment, as described in subsection (a-5) of Section
10        11-1201 of this Code;
11            (ii) For drivers who are not required to always
12        stop, failing to stop before reaching the crossing, if
13        the tracks are not clear, as described in subsection
14        (a) of Section 11-1201 of this Code;
15            (iii) For drivers who are always required to stop,
16        failing to stop before driving onto the crossing, as
17        described in Section 11-1202 of this Code;
18            (iv) For all drivers, failing to have sufficient
19        space to drive completely through the crossing without
20        stopping, as described in subsection (b) of Section
21        11-1425 of this Code;
22            (v) For all drivers, failing to obey a traffic
23        control device or the directions of an enforcement
24        official at the crossing, as described in subdivision
25        (a)2 of Section 11-1201 of this Code;
26            (vi) For all drivers, failing to negotiate a

 

 

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1        crossing because of insufficient undercarriage
2        clearance, as described in subsection (d-1) of Section
3        11-1201 of this Code.
4        (2) Duration of disqualification for railroad-highway
5    grade crossing violation.
6            (i) First violation. A driver must be disqualified
7        from operating a commercial motor vehicle for not less
8        than 60 days if the driver is convicted of a violation
9        described in paragraph (1) of this subsection (j) and,
10        in the three-year period preceding the conviction, the
11        driver had no convictions for a violation described in
12        paragraph (1) of this subsection (j).
13            (ii) Second violation. A driver must be
14        disqualified from operating a commercial motor vehicle
15        for not less than 120 days if the driver is convicted
16        of a violation described in paragraph (1) of this
17        subsection (j) and, in the three-year period preceding
18        the conviction, the driver had one other conviction for
19        a violation described in paragraph (1) of this
20        subsection (j) that was committed in a separate
21        incident.
22            (iii) Third or subsequent violation. A driver must
23        be disqualified from operating a commercial motor
24        vehicle for not less than one year if the driver is
25        convicted of a violation described in paragraph (1) of
26        this subsection (j) and, in the three-year period

 

 

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1        preceding the conviction, the driver had 2 or more
2        other convictions for violations described in
3        paragraph (1) of this subsection (j) that were
4        committed in separate incidents.
5    (k) Upon notification of a disqualification of a driver's
6commercial motor vehicle privileges imposed by the U.S.
7Department of Transportation, Federal Motor Carrier Safety
8Administration, in accordance with 49 C.F.R. 383.52, the
9Secretary of State shall immediately record to the driving
10record the notice of disqualification and confirm to the driver
11the action that has been taken.
12    (l) A foreign commercial driver is subject to
13disqualification under this Section.
14(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
1598-122, eff. 1-1-14; 98-722, eff. 7-16-14; 98-756, eff.
167-16-14.)
 
17    (Text of Section after amendment by P.A. 98-176)
18    Sec. 6-514. Commercial driver's license (CDL); commercial
19learner's permit (CLP); disqualifications.
20    (a) A person shall be disqualified from driving a
21commercial motor vehicle for a period of not less than 12
22months for the first violation of:
23        (1) Refusing to submit to or failure to complete a test
24    or tests to determine the driver's blood concentration of
25    alcohol, other drug, or both while driving a commercial

 

 

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1    motor vehicle or, if the driver is a CLP or CDL holder,
2    while driving a non-CMV; or
3        (2) Operating a commercial motor vehicle while the
4    alcohol concentration of the person's blood, breath, other
5    bodily substance, or urine is at least 0.04, or any amount
6    of a drug, substance, or compound in the person's blood,
7    other bodily substance, or urine resulting from the
8    unlawful use or consumption of cannabis listed in the
9    Cannabis Control Act, a controlled substance listed in the
10    Illinois Controlled Substances Act, or methamphetamine as
11    listed in the Methamphetamine Control and Community
12    Protection Act as indicated by a police officer's sworn
13    report or other verified evidence; or operating a
14    non-commercial motor vehicle while the alcohol
15    concentration of the person's blood, breath, other bodily
16    substance, or urine was above the legal limit defined in
17    Section 11-501.1 or 11-501.8 or any amount of a drug,
18    substance, or compound in the person's blood, other bodily
19    substance, or urine resulting from the unlawful use or
20    consumption of cannabis listed in the Cannabis Control Act,
21    a controlled substance listed in the Illinois Controlled
22    Substances Act, or methamphetamine as listed in the
23    Methamphetamine Control and Community Protection Act as
24    indicated by a police officer's sworn report or other
25    verified evidence while holding a CLP or CDL; or
26        (3) Conviction for a first violation of:

 

 

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1            (i) Driving a commercial motor vehicle or, if the
2        driver is a CLP or CDL holder, driving a non-CMV while
3        under the influence of alcohol, or any other drug, or
4        combination of drugs to a degree which renders such
5        person incapable of safely driving; or
6            (ii) Knowingly leaving the scene of an accident
7        while operating a commercial motor vehicle or, if the
8        driver is a CLP or CDL holder, while driving a non-CMV;
9        or
10            (iii) Driving a commercial motor vehicle or, if the
11        driver is a CLP or CDL holder, driving a non-CMV while
12        committing any felony; or
13            (iv) Driving a commercial motor vehicle while the
14        person's driving privileges or driver's license or
15        permit is revoked, suspended, or cancelled or the
16        driver is disqualified from operating a commercial
17        motor vehicle; or
18            (v) Causing a fatality through the negligent
19        operation of a commercial motor vehicle, including but
20        not limited to the crimes of motor vehicle
21        manslaughter, homicide by a motor vehicle, and
22        negligent homicide.
23            As used in this subdivision (a)(3)(v), "motor
24        vehicle manslaughter" means the offense of involuntary
25        manslaughter if committed by means of a vehicle;
26        "homicide by a motor vehicle" means the offense of

 

 

HB0218 Engrossed- 72 -LRB099 04095 RLC 24114 b

1        first degree murder or second degree murder, if either
2        offense is committed by means of a vehicle; and
3        "negligent homicide" means reckless homicide under
4        Section 9-3 of the Criminal Code of 1961 or the
5        Criminal Code of 2012 and aggravated driving under the
6        influence of alcohol, other drug or drugs,
7        intoxicating compound or compounds, or any combination
8        thereof under subdivision (d)(1)(F) of Section 11-501
9        of this Code.
10        If any of the above violations or refusals occurred
11    while transporting hazardous material(s) required to be
12    placarded, the person shall be disqualified for a period of
13    not less than 3 years; or
14        (4) (Blank).
15    (b) A person is disqualified for life for a second
16conviction of any of the offenses specified in paragraph (a),
17or any combination of those offenses, arising from 2 or more
18separate incidents.
19    (c) A person is disqualified from driving a commercial
20motor vehicle for life if the person either (i) uses a
21commercial motor vehicle in the commission of any felony
22involving the manufacture, distribution, or dispensing of a
23controlled substance, or possession with intent to
24manufacture, distribute or dispense a controlled substance or
25(ii) if the person is a CLP or CDL holder, uses a non-CMV in the
26commission of a felony involving any of those activities.

 

 

HB0218 Engrossed- 73 -LRB099 04095 RLC 24114 b

1    (d) The Secretary of State may, when the United States
2Secretary of Transportation so authorizes, issue regulations
3in which a disqualification for life under paragraph (b) may be
4reduced to a period of not less than 10 years. If a reinstated
5driver is subsequently convicted of another disqualifying
6offense, as specified in subsection (a) of this Section, he or
7she shall be permanently disqualified for life and shall be
8ineligible to again apply for a reduction of the lifetime
9disqualification.
10    (e) A person is disqualified from driving a commercial
11motor vehicle for a period of not less than 2 months if
12convicted of 2 serious traffic violations, committed in a
13commercial motor vehicle, non-CMV while holding a CLP or CDL,
14or any combination thereof, arising from separate incidents,
15occurring within a 3 year period, provided the serious traffic
16violation committed in a non-CMV would result in the suspension
17or revocation of the CLP or CDL holder's non-CMV privileges.
18However, a person will be disqualified from driving a
19commercial motor vehicle for a period of not less than 4 months
20if convicted of 3 serious traffic violations, committed in a
21commercial motor vehicle, non-CMV while holding a CLP or CDL,
22or any combination thereof, arising from separate incidents,
23occurring within a 3 year period, provided the serious traffic
24violation committed in a non-CMV would result in the suspension
25or revocation of the CLP or CDL holder's non-CMV privileges. If
26all the convictions occurred in a non-CMV, the disqualification

 

 

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1shall be entered only if the convictions would result in the
2suspension or revocation of the CLP or CDL holder's non-CMV
3privileges.
4    (e-1) (Blank).
5    (f) Notwithstanding any other provision of this Code, any
6driver disqualified from operating a commercial motor vehicle,
7pursuant to this UCDLA, shall not be eligible for restoration
8of commercial driving privileges during any such period of
9disqualification.
10    (g) After suspending, revoking, or cancelling a CLP or CDL,
11the Secretary of State must update the driver's records to
12reflect such action within 10 days. After suspending or
13revoking the driving privilege of any person who has been
14issued a CLP or CDL from another jurisdiction, the Secretary
15shall originate notification to such issuing jurisdiction
16within 10 days.
17    (h) The "disqualifications" referred to in this Section
18shall not be imposed upon any commercial motor vehicle driver,
19by the Secretary of State, unless the prohibited action(s)
20occurred after March 31, 1992.
21    (i) A person is disqualified from driving a commercial
22motor vehicle in accordance with the following:
23        (1) For 6 months upon a first conviction of paragraph
24    (2) of subsection (b) or subsection (b-3) of Section 6-507
25    of this Code.
26        (2) For 2 years upon a second conviction of paragraph

 

 

HB0218 Engrossed- 75 -LRB099 04095 RLC 24114 b

1    (2) of subsection (b) or subsection (b-3) or any
2    combination of paragraphs (2) or (3) of subsection (b) or
3    subsections (b-3) or (b-5) of Section 6-507 of this Code
4    within a 10-year period if the second conviction is a
5    violation of paragraph (2) of subsection (b) or subsection
6    (b-3).
7        (3) For 3 years upon a third or subsequent conviction
8    of paragraph (2) of subsection (b) or subsection (b-3) or
9    any combination of paragraphs (2) or (3) of subsection (b)
10    or subsections (b-3) or (b-5) of Section 6-507 of this Code
11    within a 10-year period if the third or subsequent
12    conviction is a violation of paragraph (2) of subsection
13    (b) or subsection (b-3).
14        (4) For one year upon a first conviction of paragraph
15    (3) of subsection (b) or subsection (b-5) of Section 6-507
16    of this Code.
17        (5) For 3 years upon a second conviction of paragraph
18    (3) of subsection (b) or subsection (b-5) or any
19    combination of paragraphs (2) or (3) of subsection (b) or
20    subsections (b-3) or (b-5) of Section 6-507 of this Code
21    within a 10-year period if the second conviction is a
22    violation of paragraph (3) of subsection (b) or (b-5).
23        (6) For 5 years upon a third or subsequent conviction
24    of paragraph (3) of subsection (b) or subsection (b-5) or
25    any combination of paragraphs (2) or (3) of subsection (b)
26    or subsections (b-3) or (b-5) of Section 6-507 of this Code

 

 

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1    within a 10-year period if the third or subsequent
2    conviction is a violation of paragraph (3) of subsection
3    (b) or (b-5).
4    (j) Disqualification for railroad-highway grade crossing
5violation.
6        (1) General rule. A driver who is convicted of a
7    violation of a federal, State, or local law or regulation
8    pertaining to one of the following 6 offenses at a
9    railroad-highway grade crossing must be disqualified from
10    operating a commercial motor vehicle for the period of time
11    specified in paragraph (2) of this subsection (j) if the
12    offense was committed while operating a commercial motor
13    vehicle:
14            (i) For drivers who are not required to always
15        stop, failing to slow down and check that the tracks
16        are clear of an approaching train or railroad track
17        equipment, as described in subsection (a-5) of Section
18        11-1201 of this Code;
19            (ii) For drivers who are not required to always
20        stop, failing to stop before reaching the crossing, if
21        the tracks are not clear, as described in subsection
22        (a) of Section 11-1201 of this Code;
23            (iii) For drivers who are always required to stop,
24        failing to stop before driving onto the crossing, as
25        described in Section 11-1202 of this Code;
26            (iv) For all drivers, failing to have sufficient

 

 

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1        space to drive completely through the crossing without
2        stopping, as described in subsection (b) of Section
3        11-1425 of this Code;
4            (v) For all drivers, failing to obey a traffic
5        control device or the directions of an enforcement
6        official at the crossing, as described in subdivision
7        (a)2 of Section 11-1201 of this Code;
8            (vi) For all drivers, failing to negotiate a
9        crossing because of insufficient undercarriage
10        clearance, as described in subsection (d-1) of Section
11        11-1201 of this Code.
12        (2) Duration of disqualification for railroad-highway
13    grade crossing violation.
14            (i) First violation. A driver must be disqualified
15        from operating a commercial motor vehicle for not less
16        than 60 days if the driver is convicted of a violation
17        described in paragraph (1) of this subsection (j) and,
18        in the three-year period preceding the conviction, the
19        driver had no convictions for a violation described in
20        paragraph (1) of this subsection (j).
21            (ii) Second violation. A driver must be
22        disqualified from operating a commercial motor vehicle
23        for not less than 120 days if the driver is convicted
24        of a violation described in paragraph (1) of this
25        subsection (j) and, in the three-year period preceding
26        the conviction, the driver had one other conviction for

 

 

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1        a violation described in paragraph (1) of this
2        subsection (j) that was committed in a separate
3        incident.
4            (iii) Third or subsequent violation. A driver must
5        be disqualified from operating a commercial motor
6        vehicle for not less than one year if the driver is
7        convicted of a violation described in paragraph (1) of
8        this subsection (j) and, in the three-year period
9        preceding the conviction, the driver had 2 or more
10        other convictions for violations described in
11        paragraph (1) of this subsection (j) that were
12        committed in separate incidents.
13    (k) Upon notification of a disqualification of a driver's
14commercial motor vehicle privileges imposed by the U.S.
15Department of Transportation, Federal Motor Carrier Safety
16Administration, in accordance with 49 C.F.R. 383.52, the
17Secretary of State shall immediately record to the driving
18record the notice of disqualification and confirm to the driver
19the action that has been taken.
20    (l) A foreign commercial driver is subject to
21disqualification under this Section.
22(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13;
2398-122, eff. 1-1-14; 98-176, eff. 7-8-15 (see Section 10 of
24P.A. 98-722 for the effective date of changes made by P.A.
2598-176); 98-722, eff. 7-16-14; 98-756, eff. 7-16-14; 98-1172,
26eff. 1-12-15.)
 

 

 

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1    (625 ILCS 5/6-517)  (from Ch. 95 1/2, par. 6-517)
2    Sec. 6-517. Commercial driver; implied consent warnings.
3    (a) Any person driving a commercial motor vehicle who is
4requested by a police officer, pursuant to Section 6-516, to
5submit to a chemical test or tests to determine the alcohol
6concentration or any amount of a drug, substance, or compound
7resulting from the unlawful use or consumption of cannabis
8listed in the Cannabis Control Act, a controlled substance
9listed in the Illinois Controlled Substances Act, an
10intoxicating compound listed in the Use of Intoxicating
11Compounds Act, or methamphetamine as listed in the
12Methamphetamine Control and Community Protection Act in such
13person's system, must be warned by the police officer
14requesting the test or tests that a refusal to submit to the
15test or tests will result in that person being immediately
16placed out-of-service for a period of 24 hours and being
17disqualified from operating a commercial motor vehicle for a
18period of not less than 12 months; the person shall also be
19warned that if such person submits to testing which discloses
20an alcohol concentration of greater than 0.00 but less than
210.04 or any amount of a drug, substance, or compound in such
22person's blood, other bodily substance, or urine resulting from
23the unlawful use or consumption of cannabis listed in the
24Cannabis Control Act, a controlled substance listed in the
25Illinois Controlled Substances Act, an intoxicating compound

 

 

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1listed in the Use of Intoxicating Compounds Act, or
2methamphetamine as listed in the Methamphetamine Control and
3Community Protection Act, such person shall be placed
4immediately out-of-service for a period of 24 hours; if the
5person submits to testing which discloses an alcohol
6concentration of 0.04 or more or any amount of a drug,
7substance, or compound in such person's blood, other bodily
8substance, or urine resulting from the unlawful use or
9consumption of cannabis listed in the Cannabis Control Act, a
10controlled substance listed in the Illinois Controlled
11Substances Act, an intoxicating compound listed in the Use of
12Intoxicating Compounds Act, or methamphetamine as listed in the
13Methamphetamine Control and Community Protection Act, such
14person shall be placed immediately out-of-service and
15disqualified from driving a commercial motor vehicle for a
16period of at least 12 months; also the person shall be warned
17that if such testing discloses an alcohol concentration of
180.08, or more or any amount of a drug, substance, or compound
19in such person's blood, other bodily substance, or urine
20resulting from the unlawful use or consumption of cannabis
21listed in the Cannabis Control Act, a controlled substance
22listed in the Illinois Controlled Substances Act, an
23intoxicating compound listed in the Use of Intoxicating
24Compounds Act, or methamphetamine as listed in the
25Methamphetamine Control and Community Protection Act, in
26addition to the person being immediately placed out-of-service

 

 

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1and disqualified for 12 months as provided in this UCDLA, the
2results of such testing shall also be admissible in
3prosecutions for violations of Section 11-501 of this Code, or
4similar violations of local ordinances, however, such results
5shall not be used to impose any driving sanctions pursuant to
6Section 11-501.1 of this Code.
7    The person shall also be warned that any disqualification
8imposed pursuant to this Section, shall be for life for any
9such offense or refusal, or combination thereof; including a
10conviction for violating Section 11-501 while driving a
11commercial motor vehicle, or similar provisions of local
12ordinances, committed a second time involving separate
13incidents.
14    (b) If the person refuses or fails to complete testing, or
15submits to a test which discloses an alcohol concentration of
16at least 0.04, or any amount of a drug, substance, or compound
17in such person's blood, other bodily substance, or urine
18resulting from the unlawful use or consumption of cannabis
19listed in the Cannabis Control Act, a controlled substance
20listed in the Illinois Controlled Substances Act, an
21intoxicating compound listed in the Use of Intoxicating
22Compounds Act, or methamphetamine as listed in the
23Methamphetamine Control and Community Protection Act, the law
24enforcement officer must submit a Sworn Report to the Secretary
25of State, in a form prescribed by the Secretary, certifying
26that the test or tests was requested pursuant to paragraph (a);

 

 

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1that the person was warned, as provided in paragraph (a) and
2that such person refused to submit to or failed to complete
3testing, or submitted to a test which disclosed an alcohol
4concentration of 0.04 or more, or any amount of a drug,
5substance, or compound in such person's blood, other bodily
6substance, or urine resulting from the unlawful use or
7consumption of cannabis listed in the Cannabis Control Act, a
8controlled substance listed in the Illinois Controlled
9Substances Act, an intoxicating compound listed in the Use of
10Intoxicating Compounds Act, or methamphetamine as listed in the
11Methamphetamine Control and Community Protection Act.
12    (c) The police officer submitting the Sworn Report under
13this Section shall serve notice of the CDL disqualification on
14the person and such CDL disqualification shall be effective as
15provided in paragraph (d). In cases where the blood alcohol
16concentration of 0.04 or more, or any amount of a drug,
17substance, or compound in such person's blood, other bodily
18substance, or urine resulting from the unlawful use or
19consumption of cannabis listed in the Cannabis Control Act, a
20controlled substance listed in the Illinois Controlled
21Substances Act, an intoxicating compound listed in the Use of
22Intoxicating Compounds Act, or methamphetamine as listed in the
23Methamphetamine Control and Community Protection Act, is
24established by subsequent analysis of blood, other bodily
25substance, or urine collected at the time of the request, the
26police officer shall give notice as provided in this Section or

 

 

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1by deposit in the United States mail of such notice as provided
2in this Section or by deposit in the United States mail of such
3notice in an envelope with postage prepaid and addressed to
4such person's domiciliary address as shown on the Sworn Report
5and the CDL disqualification shall begin as provided in
6paragraph (d).
7    (d) The CDL disqualification referred to in this Section
8shall take effect on the 46th day following the date the Sworn
9Report was given to the affected person.
10    (e) Upon receipt of the Sworn Report from the police
11officer, the Secretary of State shall disqualify the person
12from driving any commercial motor vehicle and shall confirm the
13CDL disqualification by mailing the notice of the effective
14date to the person. However, should the Sworn Report be
15defective by not containing sufficient information or be
16completed in error, the confirmation of the CDL
17disqualification shall not be mailed to the affected person or
18entered into the record, instead the Sworn Report shall be
19forwarded to the issuing agency identifying any such defect.
20(Source: P.A. 95-355, eff. 1-1-08.)
 
21    (625 ILCS 5/11-401)  (from Ch. 95 1/2, par. 11-401)
22    Sec. 11-401. Motor vehicle accidents involving death or
23personal injuries.
24    (a) The driver of any vehicle involved in a motor vehicle
25accident resulting in personal injury to or death of any person

 

 

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

 

 

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1the accident that led to his or her arrest. The person's
2driving privileges are subject to statutory summary suspension
3under Section 11-501.1 if he or she fails testing or statutory
4summary revocation under Section 11-501.1 if he or she refuses
5to undergo the testing.
6    For purposes of this Section, personal injury shall mean
7any injury requiring immediate professional treatment in a
8medical facility or doctor's office.
9    (c) Any person failing to comply with paragraph (a) shall
10be guilty of a Class 4 felony.
11    (d) Any person failing to comply with paragraph (b) is
12guilty of a Class 2 felony if the motor vehicle accident does
13not result in the death of any person. Any person failing to
14comply with paragraph (b) when the accident results in the
15death of any person is guilty of a Class 1 felony.
16    (e) The Secretary of State shall revoke the driving
17privilege of any person convicted of a violation of this
18Section.
19(Source: P.A. 95-347, eff. 1-1-08; 96-1344, eff. 7-1-11.)
 
20    (625 ILCS 5/11-500)  (from Ch. 95 1/2, par. 11-500)
21    Sec. 11-500. Definitions. For the purposes of interpreting
22Sections 6-206.1 and 6-208.1 of this Code, "first offender"
23shall mean any person who has not had a previous conviction or
24court assigned supervision for violating Section 11-501, or a
25similar provision of a local ordinance, or a conviction in any

 

 

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1other state for a violation of driving while under the
2influence or a similar offense where the cause of action is the
3same or substantially similar to this Code or similar offenses
4committed on a military installation, or any person who has not
5had a driver's license suspension pursuant to paragraph 6 of
6subsection (a) of Section 6-206 as the result of refusal of
7chemical testing in another state, or any person who has not
8had a driver's license suspension or revocation for violating
9Section 11-501.1 within 5 years prior to the date of the
10current offense, except in cases where the driver submitted to
11chemical testing resulting in an alcohol concentration of 0.08
12or more, or any amount of a drug, substance, or compound in
13such person's blood, other bodily substance, or urine resulting
14from the unlawful use or consumption of cannabis listed in the
15Cannabis Control Act, a controlled substance listed in the
16Illinois Controlled Substances Act, or an intoxicating
17compound listed in the Use of Intoxicating Compounds Act, or
18methamphetamine as listed in the Methamphetamine Control and
19Community Protection Act and was subsequently found not guilty
20of violating Section 11-501, or a similar provision of a local
21ordinance.
22(Source: P.A. 95-355, eff. 1-1-08; 96-607, eff. 8-24-09;
2396-1344, eff. 7-1-11.)
 
24    (625 ILCS 5/11-500.1)
25    Sec. 11-500.1. Immunity.

 

 

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1    (a) A person authorized under this Article to withdraw
2blood or collect urine or other bodily substance shall not be
3civilly liable for damages when the person, in good faith,
4withdraws blood or collects urine or other bodily substance for
5evidentiary purposes under this Code, upon the request of a law
6enforcement officer, unless the act is performed in a willful
7and wanton manner.
8    (b) As used in this Section, "willful and wanton manner"
9means a course of action that shows an actual or deliberate
10intention to cause harm or which, if not intentional, shows an
11utter indifference to or conscious disregard for the health or
12safety of another.
13(Source: P.A. 89-689, eff. 12-31-96.)
 
14    (625 ILCS 5/11-501)  (from Ch. 95 1/2, par. 11-501)
15    Sec. 11-501. Driving while under the influence of alcohol,
16other drug or drugs, intoxicating compound or compounds or any
17combination thereof.
18    (a) A person shall not drive or be in actual physical
19control of any vehicle within this State while:
20        (1) the alcohol concentration in the person's blood,
21    other bodily substance, or breath is 0.08 or more based on
22    the definition of blood and breath units in Section
23    11-501.2;
24        (2) under the influence of alcohol;
25        (3) under the influence of any intoxicating compound or

 

 

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1    combination of intoxicating compounds to a degree that
2    renders the person incapable of driving safely;
3        (4) under the influence of any other drug or
4    combination of drugs to a degree that renders the person
5    incapable of safely driving;
6        (5) under the combined influence of alcohol, other drug
7    or drugs, or intoxicating compound or compounds to a degree
8    that renders the person incapable of safely driving; or
9        (6) there is any amount of a drug, substance, or
10    compound in the person's breath, blood, other bodily
11    substance, or urine resulting from the unlawful use or
12    consumption of cannabis listed in the Cannabis Control Act,
13    a controlled substance listed in the Illinois Controlled
14    Substances Act, an intoxicating compound listed in the Use
15    of Intoxicating Compounds Act, or methamphetamine as
16    listed in the Methamphetamine Control and Community
17    Protection Act; or
18        (7) the person has, within 2 hours of driving or being
19    in actual physical control of a vehicle, a
20    tetrahydrocannabinol concentration in the person's whole
21    blood or other bodily substance as defined in paragraph 6
22    of subsection (a) of Section 11-501.2 of this Code. Subject
23    to all other requirements and provisions under this
24    Section, this paragraph (7) (6) does not apply to the
25    lawful consumption of cannabis by a qualifying patient
26    licensed under the Compassionate Use of Medical Cannabis

 

 

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1    Pilot Program Act who is in possession of a valid registry
2    card issued under that Act, unless that person is impaired
3    by the use of cannabis.
4    (b) The fact that any person charged with violating this
5Section is or has been legally entitled to use alcohol,
6cannabis under the Compassionate Use of Medical Cannabis Pilot
7Program Act, other drug or drugs, or intoxicating compound or
8compounds, or any combination thereof, shall not constitute a
9defense against any charge of violating this Section.
10    (c) Penalties.
11        (1) Except as otherwise provided in this Section, any
12    person convicted of violating subsection (a) of this
13    Section is guilty of a Class A misdemeanor.
14        (2) A person who violates subsection (a) or a similar
15    provision a second time shall be sentenced to a mandatory
16    minimum term of either 5 days of imprisonment or 240 hours
17    of community service in addition to any other criminal or
18    administrative sanction.
19        (3) A person who violates subsection (a) is subject to
20    6 months of imprisonment, an additional mandatory minimum
21    fine of $1,000, and 25 days of community service in a
22    program benefiting children if the person was transporting
23    a person under the age of 16 at the time of the violation.
24        (4) A person who violates subsection (a) a first time,
25    if the alcohol concentration in his or her blood, breath,
26    other bodily substance, or urine was 0.16 or more based on

 

 

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1    the definition of blood, breath, other bodily substance, or
2    urine units in Section 11-501.2, shall be subject, in
3    addition to any other penalty that may be imposed, to a
4    mandatory minimum of 100 hours of community service and a
5    mandatory minimum fine of $500.
6        (5) A person who violates subsection (a) a second time,
7    if at the time of the second violation the alcohol
8    concentration in his or her blood, breath, other bodily
9    substance, or urine was 0.16 or more based on the
10    definition of blood, breath, other bodily substance, or
11    urine units in Section 11-501.2, shall be subject, in
12    addition to any other penalty that may be imposed, to a
13    mandatory minimum of 2 days of imprisonment and a mandatory
14    minimum fine of $1,250.
15    (d) Aggravated driving under the influence of alcohol,
16other drug or drugs, or intoxicating compound or compounds, or
17any combination thereof.
18        (1) Every person convicted of committing a violation of
19    this Section shall be guilty of aggravated driving under
20    the influence of alcohol, other drug or drugs, or
21    intoxicating compound or compounds, or any combination
22    thereof if:
23            (A) the person committed a violation of subsection
24        (a) or a similar provision for the third or subsequent
25        time;
26            (B) the person committed a violation of subsection

 

 

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1        (a) while driving a school bus with one or more
2        passengers on board;
3            (C) the person in committing a violation of
4        subsection (a) was involved in a motor vehicle accident
5        that resulted in great bodily harm or permanent
6        disability or disfigurement to another, when the
7        violation was a proximate cause of the injuries;
8            (D) the person committed a violation of subsection
9        (a) and has been previously convicted of violating
10        Section 9-3 of the Criminal Code of 1961 or the
11        Criminal Code of 2012 or a similar provision of a law
12        of another state relating to reckless homicide in which
13        the person was determined to have been under the
14        influence of alcohol, other drug or drugs, or
15        intoxicating compound or compounds as an element of the
16        offense or the person has previously been convicted
17        under subparagraph (C) or subparagraph (F) of this
18        paragraph (1);
19            (E) the person, in committing a violation of
20        subsection (a) while driving at any speed in a school
21        speed zone at a time when a speed limit of 20 miles per
22        hour was in effect under subsection (a) of Section
23        11-605 of this Code, was involved in a motor vehicle
24        accident that resulted in bodily harm, other than great
25        bodily harm or permanent disability or disfigurement,
26        to another person, when the violation of subsection (a)

 

 

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1        was a proximate cause of the bodily harm;
2            (F) the person, in committing a violation of
3        subsection (a), was involved in a motor vehicle,
4        snowmobile, all-terrain vehicle, or watercraft
5        accident that resulted in the death of another person,
6        when the violation of subsection (a) was a proximate
7        cause of the death;
8            (G) the person committed a violation of subsection
9        (a) during a period in which the defendant's driving
10        privileges are revoked or suspended, where the
11        revocation or suspension was for a violation of
12        subsection (a) or a similar provision, Section
13        11-501.1, paragraph (b) of Section 11-401, or for
14        reckless homicide as defined in Section 9-3 of the
15        Criminal Code of 1961 or the Criminal Code of 2012;
16            (H) the person committed the violation while he or
17        she did not possess a driver's license or permit or a
18        restricted driving permit or a judicial driving permit
19        or a monitoring device driving permit;
20            (I) the person committed the violation while he or
21        she knew or should have known that the vehicle he or
22        she was driving was not covered by a liability
23        insurance policy;
24            (J) the person in committing a violation of
25        subsection (a) was involved in a motor vehicle accident
26        that resulted in bodily harm, but not great bodily

 

 

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1        harm, to the child under the age of 16 being
2        transported by the person, if the violation was the
3        proximate cause of the injury;
4            (K) the person in committing a second violation of
5        subsection (a) or a similar provision was transporting
6        a person under the age of 16; or
7            (L) the person committed a violation of subsection
8        (a) of this Section while transporting one or more
9        passengers in a vehicle for-hire.
10        (2)(A) Except as provided otherwise, a person
11    convicted of aggravated driving under the influence of
12    alcohol, other drug or drugs, or intoxicating compound or
13    compounds, or any combination thereof is guilty of a Class
14    4 felony.
15        (B) A third violation of this Section or a similar
16    provision is a Class 2 felony. If at the time of the third
17    violation the alcohol concentration in his or her blood,
18    breath, other bodily substance, or urine was 0.16 or more
19    based on the definition of blood, breath, other bodily
20    substance, or urine units in Section 11-501.2, a mandatory
21    minimum of 90 days of imprisonment and a mandatory minimum
22    fine of $2,500 shall be imposed in addition to any other
23    criminal or administrative sanction. If at the time of the
24    third violation, the defendant was transporting a person
25    under the age of 16, a mandatory fine of $25,000 and 25
26    days of community service in a program benefiting children

 

 

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1    shall be imposed in addition to any other criminal or
2    administrative sanction.
3        (C) A fourth violation of this Section or a similar
4    provision is a Class 2 felony, for which a sentence of
5    probation or conditional discharge may not be imposed. If
6    at the time of the violation, the alcohol concentration in
7    the defendant's blood, breath, other bodily substance, or
8    urine was 0.16 or more based on the definition of blood,
9    breath, other bodily substance, or urine units in Section
10    11-501.2, a mandatory minimum fine of $5,000 shall be
11    imposed in addition to any other criminal or administrative
12    sanction. If at the time of the fourth violation, the
13    defendant was transporting a person under the age of 16 a
14    mandatory fine of $25,000 and 25 days of community service
15    in a program benefiting children shall be imposed in
16    addition to any other criminal or administrative sanction.
17        (D) A fifth violation of this Section or a similar
18    provision is a Class 1 felony, for which a sentence of
19    probation or conditional discharge may not be imposed. If
20    at the time of the violation, the alcohol concentration in
21    the defendant's blood, breath, other bodily substance, or
22    urine was 0.16 or more based on the definition of blood,
23    breath, other bodily substance, or urine units in Section
24    11-501.2, a mandatory minimum fine of $5,000 shall be
25    imposed in addition to any other criminal or administrative
26    sanction. If at the time of the fifth violation, the

 

 

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1    defendant was transporting a person under the age of 16, a
2    mandatory fine of $25,000, and 25 days of community service
3    in a program benefiting children shall be imposed in
4    addition to any other criminal or administrative sanction.
5        (E) A sixth or subsequent violation of this Section or
6    similar provision is a Class X felony. If at the time of
7    the violation, the alcohol concentration in the
8    defendant's blood, breath, other bodily substance, or
9    urine was 0.16 or more based on the definition of blood,
10    breath, other bodily substance, or urine units in Section
11    11-501.2, a mandatory minimum fine of $5,000 shall be
12    imposed in addition to any other criminal or administrative
13    sanction. If at the time of the violation, the defendant
14    was transporting a person under the age of 16, a mandatory
15    fine of $25,000 and 25 days of community service in a
16    program benefiting children shall be imposed in addition to
17    any other criminal or administrative sanction.
18        (F) For a violation of subparagraph (C) of paragraph
19    (1) of this subsection (d), the defendant, if sentenced to
20    a term of imprisonment, shall be sentenced to not less than
21    one year nor more than 12 years.
22        (G) A violation of subparagraph (F) of paragraph (1) of
23    this subsection (d) is a Class 2 felony, for which the
24    defendant, unless the court determines that extraordinary
25    circumstances exist and require probation, shall be
26    sentenced to: (i) a term of imprisonment of not less than 3

 

 

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1    years and not more than 14 years if the violation resulted
2    in the death of one person; or (ii) a term of imprisonment
3    of not less than 6 years and not more than 28 years if the
4    violation resulted in the deaths of 2 or more persons.
5        (H) For a violation of subparagraph (J) of paragraph
6    (1) of this subsection (d), a mandatory fine of $2,500, and
7    25 days of community service in a program benefiting
8    children shall be imposed in addition to any other criminal
9    or administrative sanction.
10        (I) A violation of subparagraph (K) of paragraph (1) of
11    this subsection (d), is a Class 2 felony and a mandatory
12    fine of $2,500, and 25 days of community service in a
13    program benefiting children shall be imposed in addition to
14    any other criminal or administrative sanction. If the child
15    being transported suffered bodily harm, but not great
16    bodily harm, in a motor vehicle accident, and the violation
17    was the proximate cause of that injury, a mandatory fine of
18    $5,000 and 25 days of community service in a program
19    benefiting children shall be imposed in addition to any
20    other criminal or administrative sanction.
21        (J) A violation of subparagraph (D) of paragraph (1) of
22    this subsection (d) is a Class 3 felony, for which a
23    sentence of probation or conditional discharge may not be
24    imposed.
25        (3) Any person sentenced under this subsection (d) who
26    receives a term of probation or conditional discharge must

 

 

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1    serve a minimum term of either 480 hours of community
2    service or 10 days of imprisonment as a condition of the
3    probation or conditional discharge in addition to any other
4    criminal or administrative sanction.
5    (e) Any reference to a prior violation of subsection (a) or
6a similar provision includes any violation of a provision of a
7local ordinance or a provision of a law of another state or an
8offense committed on a military installation that is similar to
9a violation of subsection (a) of this Section.
10    (f) The imposition of a mandatory term of imprisonment or
11assignment of community service for a violation of this Section
12shall not be suspended or reduced by the court.
13    (g) Any penalty imposed for driving with a license that has
14been revoked for a previous violation of subsection (a) of this
15Section shall be in addition to the penalty imposed for any
16subsequent violation of subsection (a).
17    (h) For any prosecution under this Section, a certified
18copy of the driving abstract of the defendant shall be admitted
19as proof of any prior conviction.
20(Source: P.A. 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14;
2198-573, eff. 8-27-13; 98-756, eff. 7-16-14.)
 
22    (625 ILCS 5/11-501.1)
23    Sec. 11-501.1. Suspension of drivers license; statutory
24summary alcohol, other drug or drugs, or intoxicating compound
25or compounds related suspension or revocation; implied

 

 

HB0218 Engrossed- 98 -LRB099 04095 RLC 24114 b

1consent.
2    (a) Any person who drives or is in actual physical control
3of a motor vehicle upon the public highways of this State shall
4be deemed to have given consent, subject to the provisions of
5Section 11-501.2, to a chemical test or tests of blood, breath,
6other bodily substance, or urine for the purpose of determining
7the content of alcohol, other drug or drugs, or intoxicating
8compound or compounds or any combination thereof in the
9person's blood if arrested, as evidenced by the issuance of a
10Uniform Traffic Ticket, for any offense as defined in Section
1111-501 or a similar provision of a local ordinance, or if
12arrested for violating Section 11-401. If a law enforcement
13officer has probable cause to believe the person was under the
14influence of alcohol, other drug or drugs, intoxicating
15compound or compounds, or any combination thereof, the law
16enforcement officer shall request a chemical test or tests
17which shall be administered at the direction of the arresting
18officer. The law enforcement agency employing the officer shall
19designate which of the aforesaid tests shall be administered.
20Up to 2 additional tests of A urine or other bodily substance
21test may be administered even after a blood or breath test or
22both has been administered. For purposes of this Section, an
23Illinois law enforcement officer of this State who is
24investigating the person for any offense defined in Section
2511-501 may travel into an adjoining state, where the person has
26been transported for medical care, to complete an investigation

 

 

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1and to request that the person submit to the test or tests set
2forth in this Section. The requirements of this Section that
3the person be arrested are inapplicable, but the officer shall
4issue the person a Uniform Traffic Ticket for an offense as
5defined in Section 11-501 or a similar provision of a local
6ordinance prior to requesting that the person submit to the
7test or tests. The issuance of the Uniform Traffic Ticket shall
8not constitute an arrest, but shall be for the purpose of
9notifying the person that he or she is subject to the
10provisions of this Section and of the officer's belief of the
11existence of probable cause to arrest. Upon returning to this
12State, the officer shall file the Uniform Traffic Ticket with
13the Circuit Clerk of the county where the offense was
14committed, and shall seek the issuance of an arrest warrant or
15a summons for the person.
16    (a-5) (Blank).
17    (b) Any person who is dead, unconscious, or who is
18otherwise in a condition rendering the person incapable of
19refusal, shall be deemed not to have withdrawn the consent
20provided by paragraph (a) of this Section and the test or tests
21may be administered, subject to the provisions of Section
2211-501.2.
23    (c) A person requested to submit to a test as provided
24above shall be warned by the law enforcement officer requesting
25the test that a refusal to submit to the test will result in
26the statutory summary suspension of the person's privilege to

 

 

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1operate a motor vehicle, as provided in Section 6-208.1 of this
2Code, and will also result in the disqualification of the
3person's privilege to operate a commercial motor vehicle, as
4provided in Section 6-514 of this Code, if the person is a CDL
5holder. The person shall also be warned that a refusal to
6submit to the test, when the person was involved in a motor
7vehicle accident that caused personal injury or death to
8another, will result in the statutory summary revocation of the
9person's privilege to operate a motor vehicle, as provided in
10Section 6-208.1, and will also result in the disqualification
11of the person's privilege to operate a commercial motor
12vehicle, as provided in Section 6-514 of this Code, if the
13person is a CDL holder. The person shall also be warned by the
14law enforcement officer that if the person submits to the test
15or tests provided in paragraph (a) of this Section and the
16alcohol concentration in the person's blood, other bodily
17substance, or breath is 0.08 or greater, or testing discloses
18the presence of cannabis as listed in the Cannabis Control Act
19with a tetrahydrocannabinol concentration as defined in
20paragraph 6 of subsection (a) of Section 11-501.2 of this Code,
21or any amount of a drug, substance, or compound resulting from
22the unlawful use or consumption of cannabis as covered by the
23Cannabis Control Act, a controlled substance listed in the
24Illinois Controlled Substances Act, an intoxicating compound
25listed in the Use of Intoxicating Compounds Act, or
26methamphetamine as listed in the Methamphetamine Control and

 

 

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1Community Protection Act is detected in the person's blood,
2other bodily substance, or urine, a statutory summary
3suspension of the person's privilege to operate a motor
4vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
5Code, will be imposed. If the person is also a CDL holder, he
6or she shall be warned by the law enforcement officer that if
7the person submits to the test or tests provided in paragraph
8(a) of this Section and the alcohol concentration in the
9person's blood, other bodily substance, or breath is 0.08 or
10greater, or any amount of a drug, substance, or compound
11resulting from the unlawful use or consumption of cannabis as
12covered by the Cannabis Control Act, a controlled substance
13listed in the Illinois Controlled Substances Act, an
14intoxicating compound listed in the Use of Intoxicating
15Compounds Act, or methamphetamine as listed in the
16Methamphetamine Control and Community Protection Act is
17detected in the person's blood, other bodily substance, or
18urine, and a disqualification of the person's privilege to
19operate a commercial motor vehicle, as provided in Section
206-514 of this Code, if the person is a CDL holder, will be
21imposed.
22    A person who is under the age of 21 at the time the person
23is requested to submit to a test as provided above shall, in
24addition to the warnings provided for in this Section, be
25further warned by the law enforcement officer requesting the
26test that if the person submits to the test or tests provided

 

 

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1in paragraph (a) of this Section and the alcohol concentration
2in the person's blood, other bodily substance, or breath is
3greater than 0.00 and less than 0.08, a suspension of the
4person's privilege to operate a motor vehicle, as provided
5under Sections 6-208.2 and 11-501.8 of this Code, will be
6imposed. The results of this test shall be admissible in a
7civil or criminal action or proceeding arising from an arrest
8for an offense as defined in Section 11-501 of this Code or a
9similar provision of a local ordinance or pursuant to Section
1011-501.4 in prosecutions for reckless homicide brought under
11the Criminal Code of 1961 or the Criminal Code of 2012. These
12test results, however, shall be admissible only in actions or
13proceedings directly related to the incident upon which the
14test request was made.
15    (d) If the person refuses testing or submits to a test that
16discloses an alcohol concentration of 0.08 or more, or testing
17discloses the presence of cannabis as listed in the Cannabis
18Control Act with a tetrahydrocannabinol concentration as
19defined in paragraph 6 of subsection (a) of Section 11-501.2 of
20this Code, or any amount of a drug, substance, or intoxicating
21compound in the person's breath, blood, other bodily substance,
22or urine resulting from the unlawful use or consumption of
23cannabis listed in the Cannabis Control Act, a controlled
24substance listed in the Illinois Controlled Substances Act, an
25intoxicating compound listed in the Use of Intoxicating
26Compounds Act, or methamphetamine as listed in the

 

 

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1Methamphetamine Control and Community Protection Act, the law
2enforcement officer shall immediately submit a sworn report to
3the circuit court of venue and the Secretary of State,
4certifying that the test or tests was or were requested under
5paragraph (a) and the person refused to submit to a test, or
6tests, or submitted to testing that disclosed an alcohol
7concentration of 0.08 or more, testing discloses the presence
8of cannabis as listed in the Cannabis Control Act with a
9tetrahydrocannabinol concentration as defined in paragraph 6
10of subsection (a) of Section 11-501.2 of this Code, or any
11amount of a drug, substance, or intoxicating compound in the
12person's breath, blood, other bodily substance, or urine
13resulting from the unlawful use or consumption of a controlled
14substance listed in the Illinois Controlled Substances Act, an
15intoxicating compound listed in the Use of Intoxicating
16Compounds Act, or methamphetamine as listed in the
17Methamphetamine Control and Community Protection Act. If the
18person is also a CDL holder and refuses testing or submits to a
19test that discloses an alcohol concentration of 0.08 or more,
20or any amount of a drug, substance, or intoxicating compound in
21the person's breath, blood, other bodily substance, or urine
22resulting from the unlawful use or consumption of cannabis
23listed in the Cannabis Control Act, a controlled substance
24listed in the Illinois Controlled Substances Act, an
25intoxicating compound listed in the Use of Intoxicating
26Compounds Act, or methamphetamine as listed in the

 

 

HB0218 Engrossed- 104 -LRB099 04095 RLC 24114 b

1Methamphetamine Control and Community Protection Act, the law
2enforcement officer shall also immediately submit a sworn
3report to the circuit court of venue and the Secretary of
4State, certifying that the test or tests was or were requested
5under paragraph (a) and the person refused to submit to a test,
6or tests, or submitted to testing that disclosed an alcohol
7concentration of 0.08 or more, or any amount of a drug,
8substance, or intoxicating compound in the person's breath,
9blood, other bodily substance, or urine resulting from the
10unlawful use or consumption of cannabis listed in the Cannabis
11Control Act, a controlled substance listed in the Illinois
12Controlled Substances Act, an intoxicating compound listed in
13the Use of Intoxicating Compounds Act, or methamphetamine as
14listed in the Methamphetamine Control and Community Protection
15Act.
16    (e) Upon receipt of the sworn report of a law enforcement
17officer submitted under paragraph (d), the Secretary of State
18shall enter the statutory summary suspension or revocation and
19disqualification for the periods specified in Sections 6-208.1
20and 6-514, respectively, and effective as provided in paragraph
21(g).
22    If the person is a first offender as defined in Section
2311-500 of this Code, and is not convicted of a violation of
24Section 11-501 of this Code or a similar provision of a local
25ordinance, then reports received by the Secretary of State
26under this Section shall, except during the actual time the

 

 

HB0218 Engrossed- 105 -LRB099 04095 RLC 24114 b

1Statutory Summary Suspension is in effect, be privileged
2information and for use only by the courts, police officers,
3prosecuting authorities or the Secretary of State, unless the
4person is a CDL holder, is operating a commercial motor vehicle
5or vehicle required to be placarded for hazardous materials, in
6which case the suspension shall not be privileged. Reports
7received by the Secretary of State under this Section shall
8also be made available to the parent or guardian of a person
9under the age of 18 years that holds an instruction permit or a
10graduated driver's license, regardless of whether the
11statutory summary suspension is in effect. A statutory summary
12revocation shall not be privileged information.
13    (f) The law enforcement officer submitting the sworn report
14under paragraph (d) shall serve immediate notice of the
15statutory summary suspension or revocation on the person and
16the suspension or revocation and disqualification shall be
17effective as provided in paragraph (g).
18        (1) In cases involving a person who is not a CDL holder
19    where the blood alcohol concentration of 0.08 or greater or
20    any amount of a drug, substance, or compound resulting from
21    the unlawful use or consumption of cannabis as covered by
22    the Cannabis Control Act, a controlled substance listed in
23    the Illinois Controlled Substances Act, an intoxicating
24    compound listed in the Use of Intoxicating Compounds Act,
25    or methamphetamine as listed in the Methamphetamine
26    Control and Community Protection Act is established by a

 

 

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1    subsequent analysis of blood, other bodily substance, or
2    urine or analysis of whole blood or other bodily substance
3    establishes a tetrahydrocannabinol concentration as
4    defined in paragraph 6 of subsection (a) of Section
5    11-501.2 of this Code, collected at the time of arrest, the
6    arresting officer or arresting agency shall give notice as
7    provided in this Section or by deposit in the United States
8    mail of the notice in an envelope with postage prepaid and
9    addressed to the person at his or her address as shown on
10    the Uniform Traffic Ticket and the statutory summary
11    suspension and disqualification shall begin as provided in
12    paragraph (g).
13        (1.3) In cases involving a person who is a CDL holder
14    where the blood alcohol concentration of 0.08 or greater or
15    any amount of a drug, substance, or compound resulting from
16    the unlawful use or consumption of cannabis as covered by
17    the Cannabis Control Act, a controlled substance listed in
18    the Illinois Controlled Substances Act, an intoxicating
19    compound listed in the Use of Intoxicating Compounds Act,
20    or methamphetamine as listed in the Methamphetamine
21    Control and Community Protection Act is established by a
22    subsequent analysis of blood, other bodily substance, or
23    urine collected at the time of arrest, the arresting
24    officer or arresting agency shall give notice as provided
25    in this Section or by deposit in the United States mail of
26    the notice in an envelope with postage prepaid and

 

 

HB0218 Engrossed- 107 -LRB099 04095 RLC 24114 b

1    addressed to the person at his or her address as shown on
2    the Uniform Traffic Ticket and the statutory summary
3    suspension and disqualification shall begin as provided in
4    paragraph (g).
5        (1.5) The officer shall confiscate any Illinois
6    driver's license or permit on the person at the time of
7    arrest. If the person has a valid driver's license or
8    permit, the officer shall issue the person a receipt, in a
9    form prescribed by the Secretary of State, that will allow
10    that person to drive during the periods provided for in
11    paragraph (g). The officer shall immediately forward the
12    driver's license or permit to the circuit court of venue
13    along with the sworn report provided for in paragraph (d).
14        (2) (Blank).
15    (g) The statutory summary suspension or revocation and
16disqualification referred to in this Section shall take effect
17on the 46th day following the date the notice of the statutory
18summary suspension or revocation was given to the person.
19    (h) The following procedure shall apply whenever a person
20is arrested for any offense as defined in Section 11-501 or a
21similar provision of a local ordinance:
22    Upon receipt of the sworn report from the law enforcement
23officer, the Secretary of State shall confirm the statutory
24summary suspension or revocation by mailing a notice of the
25effective date of the suspension or revocation to the person
26and the court of venue. The Secretary of State shall also mail

 

 

HB0218 Engrossed- 108 -LRB099 04095 RLC 24114 b

1notice of the effective date of the disqualification to the
2person. However, should the sworn report be defective by not
3containing sufficient information or be completed in error, the
4confirmation of the statutory summary suspension or revocation
5shall not be mailed to the person or entered to the record;
6instead, the sworn report shall be forwarded to the court of
7venue with a copy returned to the issuing agency identifying
8any defect.
9    (i) As used in this Section, "personal injury" includes any
10Type A injury as indicated on the traffic accident report
11completed by a law enforcement officer that requires immediate
12professional attention in either a doctor's office or a medical
13facility. A Type A injury includes severely bleeding wounds,
14distorted extremities, and injuries that require the injured
15party to be carried from the scene.
16(Source: P.A. 97-333, eff. 8-12-11; 97-471, eff. 8-22-11;
1797-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1172, eff.
181-12-15.)
 
19    (625 ILCS 5/11-501.2)  (from Ch. 95 1/2, par. 11-501.2)
20    Sec. 11-501.2. Chemical and other tests.
21    (a) Upon the trial of any civil or criminal action or
22proceeding arising out of an arrest for an offense as defined
23in Section 11-501 or a similar local ordinance or proceedings
24pursuant to Section 2-118.1, evidence of the concentration of
25alcohol, other drug or drugs, or intoxicating compound or

 

 

HB0218 Engrossed- 109 -LRB099 04095 RLC 24114 b

1compounds, or any combination thereof in a person's blood or
2breath at the time alleged, as determined by analysis of the
3person's blood, urine, breath, or other bodily substance, shall
4be admissible. Where such test is made the following provisions
5shall apply:
6        1. Chemical analyses of the person's blood, urine,
7    breath, or other bodily substance to be considered valid
8    under the provisions of this Section shall have been
9    performed according to standards promulgated by the
10    Department of State Police by a licensed physician,
11    registered nurse, trained phlebotomist, licensed
12    paramedic, or other individual possessing a valid permit
13    issued by that Department for this purpose. The Director of
14    State Police is authorized to approve satisfactory
15    techniques or methods, to ascertain the qualifications and
16    competence of individuals to conduct such analyses, to
17    issue permits which shall be subject to termination or
18    revocation at the discretion of that Department and to
19    certify the accuracy of breath testing equipment. The
20    Department of State Police shall prescribe regulations as
21    necessary to implement this Section.
22        2. When a person in this State shall submit to a blood
23    test at the request of a law enforcement officer under the
24    provisions of Section 11-501.1, only a physician
25    authorized to practice medicine, a licensed physician
26    assistant, a licensed advanced practice nurse, a

 

 

HB0218 Engrossed- 110 -LRB099 04095 RLC 24114 b

1    registered nurse, trained phlebotomist, or licensed
2    paramedic, or other qualified person approved by the
3    Department of State Police may withdraw blood for the
4    purpose of determining the alcohol, drug, or alcohol and
5    drug content therein. This limitation shall not apply to
6    the taking of breath, other bodily substance, or urine
7    specimens.
8        When a blood test of a person who has been taken to an
9    adjoining state for medical treatment is requested by an
10    Illinois law enforcement officer, the blood may be
11    withdrawn only by a physician authorized to practice
12    medicine in the adjoining state, a licensed physician
13    assistant, a licensed advanced practice nurse, a
14    registered nurse, a trained phlebotomist acting under the
15    direction of the physician, or licensed paramedic. The law
16    enforcement officer requesting the test shall take custody
17    of the blood sample, and the blood sample shall be analyzed
18    by a laboratory certified by the Department of State Police
19    for that purpose.
20        3. The person tested may have a physician, or a
21    qualified technician, chemist, registered nurse, or other
22    qualified person of their own choosing administer a
23    chemical test or tests in addition to any administered at
24    the direction of a law enforcement officer. The failure or
25    inability to obtain an additional test by a person shall
26    not preclude the admission of evidence relating to the test

 

 

HB0218 Engrossed- 111 -LRB099 04095 RLC 24114 b

1    or tests taken at the direction of a law enforcement
2    officer.
3        4. Upon the request of the person who shall submit to a
4    chemical test or tests at the request of a law enforcement
5    officer, full information concerning the test or tests
6    shall be made available to the person or such person's
7    attorney.
8        5. Alcohol concentration shall mean either grams of
9    alcohol per 100 milliliters of blood or grams of alcohol
10    per 210 liters of breath.
11        6. Tetrahydrocannabinol concentration means either 15
12    nanograms or more of delta-9-tetrahydrocannabinol per
13    milliliter of whole blood or 25 nanograms or more of
14    delta-9-tetrahydrocannabinol per milliliter of other
15    bodily substance.
16    (a-5) Law enforcement officials may use standardized field
17sobriety tests approved by the National Highway Traffic Safety
18Administration when conducting investigations of a violation
19of Section 11-501 or similar local ordinance by drivers
20suspected of driving under the influence of cannabis. The
21General Assembly finds that standardized field sobriety tests
22approved by the National Highway Traffic Safety Administration
23are divided attention tasks that are intended to determine if a
24person is under the influence of cannabis. The purpose of these
25tests is to determine the effect of the use of cannabis on a
26person's capacity to think and act with ordinary care and

 

 

HB0218 Engrossed- 112 -LRB099 04095 RLC 24114 b

1therefore operate a motor vehicle safely. Therefore, the
2results of these standardized field sobriety tests,
3appropriately administered, shall be admissible in the trial of
4any civil or criminal action or proceeding arising out of an
5arrest for a cannabis-related offense as defined in Section
611-501 or a similar local ordinance or proceedings under
7Section 2-118.1 or 2-118.2. Where a test is made the following
8provisions shall apply:
9        1. The person tested may have a physician, or a
10    qualified technician, chemist, registered nurse, or other
11    qualified person of their own choosing administer a
12    chemical test or tests in addition to the standardized
13    field sobriety test or tests administered at the direction
14    of a law enforcement officer. The failure or inability to
15    obtain an additional test by a person does not preclude the
16    admission of evidence relating to the test or tests taken
17    at the direction of a law enforcement officer.
18        2. Upon the request of the person who shall submit to a
19    standardized field sobriety test or tests at the request of
20    a law enforcement officer, full information concerning the
21    test or tests shall be made available to the person or the
22    person's attorney.
23        3. At the trial of any civil or criminal action or
24    proceeding arising out of an arrest for an offense as
25    defined in Section 11-501 or a similar local ordinance or
26    proceedings under Section 2-118.1 or 2-118.2 in which the

 

 

HB0218 Engrossed- 113 -LRB099 04095 RLC 24114 b

1    results of these standardized field sobriety tests are
2    admitted, the cardholder may present and the trier of fact
3    may consider evidence that the card holder lacked the
4    physical capacity to perform the standardized field
5    sobriety tests.
6    (b) Upon the trial of any civil or criminal action or
7proceeding arising out of acts alleged to have been committed
8by any person while driving or in actual physical control of a
9vehicle while under the influence of alcohol, the concentration
10of alcohol in the person's blood or breath at the time alleged
11as shown by analysis of the person's blood, urine, breath, or
12other bodily substance shall give rise to the following
13presumptions:
14        1. If there was at that time an alcohol concentration
15    of 0.05 or less, it shall be presumed that the person was
16    not under the influence of alcohol.
17        2. If there was at that time an alcohol concentration
18    in excess of 0.05 but less than 0.08, such facts shall not
19    give rise to any presumption that the person was or was not
20    under the influence of alcohol, but such fact may be
21    considered with other competent evidence in determining
22    whether the person was under the influence of alcohol.
23        3. If there was at that time an alcohol concentration
24    of 0.08 or more, it shall be presumed that the person was
25    under the influence of alcohol.
26        4. The foregoing provisions of this Section shall not

 

 

HB0218 Engrossed- 114 -LRB099 04095 RLC 24114 b

1    be construed as limiting the introduction of any other
2    relevant evidence bearing upon the question whether the
3    person was under the influence of alcohol.
4    (b-5) Upon the trial of any civil or criminal action or
5proceeding arising out of acts alleged to have been committed
6by any person while driving or in actual physical control of a
7vehicle while under the influence of alcohol, other drug or
8drugs, intoxicating compound or compounds or any combination
9thereof, the concentration of cannabis in the person's whole
10blood or other bodily substance at the time alleged as shown by
11analysis of the person's blood or other bodily substance shall
12give rise to the following presumptions:
13        1. If there was a tetrahydrocannabinol concentration
14    of 15 nanograms or more in whole blood or 25 nanograms or
15    more in an other bodily substance as defined in this
16    Section, it shall be presumed that the person was under the
17    influence of cannabis.
18        2. If there was at that time a tetrahydrocannabinol
19    concentration of less than 15 nanograms in whole blood or
20    less than 25 nanograms in an other bodily substance, such
21    facts shall not give rise to any presumption that the
22    person was or was not under the influence of cannabis, but
23    such fact may be considered with other competent evidence
24    in determining whether the person was under the influence
25    of cannabis.
26    (c) 1. If a person under arrest refuses to submit to a

 

 

HB0218 Engrossed- 115 -LRB099 04095 RLC 24114 b

1chemical test under the provisions of Section 11-501.1,
2evidence of refusal shall be admissible in any civil or
3criminal action or proceeding arising out of acts alleged to
4have been committed while the person under the influence of
5alcohol, other drug or drugs, or intoxicating compound or
6compounds, or any combination thereof was driving or in actual
7physical control of a motor vehicle.
8    2. Notwithstanding any ability to refuse under this Code to
9submit to these tests or any ability to revoke the implied
10consent to these tests, if a law enforcement officer has
11probable cause to believe that a motor vehicle driven by or in
12actual physical control of a person under the influence of
13alcohol, other drug or drugs, or intoxicating compound or
14compounds, or any combination thereof has caused the death or
15personal injury to another, the law enforcement officer shall
16request, and that person shall submit, upon the request of a
17law enforcement officer, to a chemical test or tests of his or
18her blood, breath, other bodily substance, or urine for the
19purpose of determining the alcohol content thereof or the
20presence of any other drug or combination of both.
21    This provision does not affect the applicability of or
22imposition of driver's license sanctions under Section
2311-501.1 of this Code.
24    3. For purposes of this Section, a personal injury includes
25any Type A injury as indicated on the traffic accident report
26completed by a law enforcement officer that requires immediate

 

 

HB0218 Engrossed- 116 -LRB099 04095 RLC 24114 b

1professional attention in either a doctor's office or a medical
2facility. A Type A injury includes severe bleeding wounds,
3distorted extremities, and injuries that require the injured
4party to be carried from the scene.
5    (d) If a person refuses standardized field sobriety tests
6under Section 11-501.9 of this Code, evidence of refusal shall
7be admissible in any civil or criminal action or proceeding
8arising out of acts committed while the person was driving or
9in actual physical control of a vehicle and alleged to have
10been impaired by the use of cannabis.
11    (e) Department of State Police compliance with the changes
12in this amendatory Act of the 99th General Assembly concerning
13testing of other bodily substances and tetrahydrocannabinol
14concentration by Department of State Police laboratories is
15subject to appropriation and until the Department of State
16Police adopt standards and completion validation. Any
17laboratories that test for the presence of cannabis or other
18drugs under this Article, the Snowmobile Registration and
19Safety Act, or the Boat Registration and Safety Act must comply
20with ISO/IEC 17025:2005.
21(Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11;
2297-813, eff. 7-13-12; 98-122, eff. 1-1-14; 98-973, eff.
238-15-14; 98-1172, eff. 1-12-15.)
 
24    (625 ILCS 5/11-501.4)  (from Ch. 95 1/2, par. 11-501.4)
25    Sec. 11-501.4. Admissibility of chemical tests of blood,

 

 

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1other bodily substance, or urine conducted in the regular
2course of providing emergency medical treatment.
3    (a) Notwithstanding any other provision of law, the results
4of blood, other bodily substance, or urine tests performed for
5the purpose of determining the content of alcohol, other drug
6or drugs, or intoxicating compound or compounds, or any
7combination thereof, of an individual's blood, other bodily
8substance, or urine conducted upon persons receiving medical
9treatment in a hospital emergency room are admissible in
10evidence as a business record exception to the hearsay rule
11only in prosecutions for any violation of Section 11-501 of
12this Code or a similar provision of a local ordinance, or in
13prosecutions for reckless homicide brought under the Criminal
14Code of 1961 or the Criminal Code of 2012, when each of the
15following criteria are met:
16        (1) the chemical tests performed upon an individual's
17    blood, other bodily substance, or urine were ordered in the
18    regular course of providing emergency medical treatment
19    and not at the request of law enforcement authorities;
20        (2) the chemical tests performed upon an individual's
21    blood, other bodily substance, or urine were performed by
22    the laboratory routinely used by the hospital; and
23        (3) results of chemical tests performed upon an
24    individual's blood, other bodily substance, or urine are
25    admissible into evidence regardless of the time that the
26    records were prepared.

 

 

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1    (b) The confidentiality provisions of law pertaining to
2medical records and medical treatment shall not be applicable
3with regard to chemical tests performed upon an individual's
4blood, other bodily substance, or urine under the provisions of
5this Section in prosecutions as specified in subsection (a) of
6this Section. No person shall be liable for civil damages as a
7result of the evidentiary use of chemical testing of an
8individual's blood, other bodily substance, or urine test
9results under this Section, or as a result of that person's
10testimony made available under this Section.
11(Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
 
12    (625 ILCS 5/11-501.4-1)
13    Sec. 11-501.4-1. Reporting of test results of blood, other
14bodily substance, or urine conducted in the regular course of
15providing emergency medical treatment.
16    (a) Notwithstanding any other provision of law, the results
17of blood, other bodily substance, or urine tests performed for
18the purpose of determining the content of alcohol, other drug
19or drugs, or intoxicating compound or compounds, or any
20combination thereof, in an individual's blood, other bodily
21substance, or urine conducted upon persons receiving medical
22treatment in a hospital emergency room for injuries resulting
23from a motor vehicle accident shall be disclosed to the
24Department of State Police or local law enforcement agencies of
25jurisdiction, upon request. Such blood, other bodily

 

 

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1substance, or urine tests are admissible in evidence as a
2business record exception to the hearsay rule only in
3prosecutions for any violation of Section 11-501 of this Code
4or a similar provision of a local ordinance, or in prosecutions
5for reckless homicide brought under the Criminal Code of 1961
6or the Criminal Code of 2012.
7    (b) The confidentiality provisions of law pertaining to
8medical records and medical treatment shall not be applicable
9with regard to tests performed upon an individual's blood,
10other bodily substance, or urine under the provisions of
11subsection (a) of this Section. No person shall be liable for
12civil damages or professional discipline as a result of the
13disclosure or reporting of the tests or the evidentiary use of
14an individual's blood, other bodily substance, or urine test
15results under this Section or Section 11-501.4 or as a result
16of that person's testimony made available under this Section or
17Section 11-501.4, except for willful or wanton misconduct.
18(Source: P.A. 97-1150, eff. 1-25-13.)
 
19    (625 ILCS 5/11-501.6)  (from Ch. 95 1/2, par. 11-501.6)
20    Sec. 11-501.6. Driver involvement in personal injury or
21fatal motor vehicle accident; chemical test.
22    (a) Any person who drives or is in actual control of a
23motor vehicle upon the public highways of this State and who
24has been involved in a personal injury or fatal motor vehicle
25accident, shall be deemed to have given consent to a breath

 

 

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1test using a portable device as approved by the Department of
2State Police or to a chemical test or tests of blood, breath,
3other bodily substance, or urine for the purpose of determining
4the content of alcohol, other drug or drugs, or intoxicating
5compound or compounds of such person's blood if arrested as
6evidenced by the issuance of a Uniform Traffic Ticket for any
7violation of the Illinois Vehicle Code or a similar provision
8of a local ordinance, with the exception of equipment
9violations contained in Chapter 12 of this Code, or similar
10provisions of local ordinances. The test or tests shall be
11administered at the direction of the arresting officer. The law
12enforcement agency employing the officer shall designate which
13of the aforesaid tests shall be administered. Up to 2
14additional tests of A urine or other bodily substance test may
15be administered even after a blood or breath test or both has
16been administered. Compliance with this Section does not
17relieve such person from the requirements of Section 11-501.1
18of this Code.
19    (b) Any person who is dead, unconscious or who is otherwise
20in a condition rendering such person incapable of refusal shall
21be deemed not to have withdrawn the consent provided by
22subsection (a) of this Section. In addition, if a driver of a
23vehicle is receiving medical treatment as a result of a motor
24vehicle accident, any physician licensed to practice medicine,
25licensed physician assistant, licensed advanced practice
26nurse, registered nurse or a phlebotomist acting under the

 

 

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1direction of a licensed physician shall withdraw blood for
2testing purposes to ascertain the presence of alcohol, other
3drug or drugs, or intoxicating compound or compounds, upon the
4specific request of a law enforcement officer. However, no such
5testing shall be performed until, in the opinion of the medical
6personnel on scene, the withdrawal can be made without
7interfering with or endangering the well-being of the patient.
8    (c) A person requested to submit to a test as provided
9above shall be warned by the law enforcement officer requesting
10the test that a refusal to submit to the test, or submission to
11the test resulting in an alcohol concentration of 0.08 or more,
12or testing discloses the presence of cannabis as listed in the
13Cannabis Control Act with a tetrahydrocannabinol concentration
14as defined in paragraph 6 of subsection (a) of Section 11-501.2
15of this Code, or any amount of a drug, substance, or
16intoxicating compound resulting from the unlawful use or
17consumption of cannabis, as covered by the Cannabis Control
18Act, a controlled substance listed in the Illinois Controlled
19Substances Act, an intoxicating compound listed in the Use of
20Intoxicating Compounds Act, or methamphetamine as listed in the
21Methamphetamine Control and Community Protection Act as
22detected in such person's blood, other bodily substance, or
23urine, may result in the suspension of such person's privilege
24to operate a motor vehicle. If the person is also a CDL holder,
25he or she shall be warned by the law enforcement officer
26requesting the test that a refusal to submit to the test, or

 

 

HB0218 Engrossed- 122 -LRB099 04095 RLC 24114 b

1submission to the test resulting in an alcohol concentration of
20.08 or more, or any amount of a drug, substance, or
3intoxicating compound resulting from the unlawful use or
4consumption of cannabis, as covered by the Cannabis Control
5Act, a controlled substance listed in the Illinois Controlled
6Substances Act, an intoxicating compound listed in the Use of
7Intoxicating Compounds Act, or methamphetamine as listed in the
8Methamphetamine Control and Community Protection Act as
9detected in the person's blood, other bodily substance, or
10urine, and may result in the disqualification of the person's
11privilege to operate a commercial motor vehicle, as provided in
12Section 6-514 of this Code, if the person is a CDL holder. The
13length of the suspension shall be the same as outlined in
14Section 6-208.1 of this Code regarding statutory summary
15suspensions.
16    (d) If the person refuses testing or submits to a test
17which discloses an alcohol concentration of 0.08 or more, the
18presence of cannabis as listed in the Cannabis Control Act with
19a tetrahydrocannabinol concentration as defined in paragraph 6
20of subsection (a) of Section 11-501.2 of this Code, or any
21amount of a drug, substance, or intoxicating compound in such
22person's blood, other bodily substance, or urine resulting from
23the unlawful use or consumption of cannabis listed in the
24Cannabis Control Act, a controlled substance listed in the
25Illinois Controlled Substances Act, an intoxicating compound
26listed in the Use of Intoxicating Compounds Act, or

 

 

HB0218 Engrossed- 123 -LRB099 04095 RLC 24114 b

1methamphetamine as listed in the Methamphetamine Control and
2Community Protection Act, the law enforcement officer shall
3immediately submit a sworn report to the Secretary of State on
4a form prescribed by the Secretary, certifying that the test or
5tests were requested under pursuant to subsection (a) and the
6person refused to submit to a test or tests or submitted to
7testing which disclosed an alcohol concentration of 0.08 or
8more, the presence of cannabis as listed in the Cannabis
9Control Act with a tetrahydrocannabinol concentration as
10defined in paragraph 6 of subsection (a) of Section 11-501.2 of
11this Code, or any amount of a drug, substance, or intoxicating
12compound in such person's blood, other bodily substance, or
13urine, resulting from the unlawful use or consumption of
14cannabis listed in the Cannabis Control Act, a controlled
15substance listed in the Illinois Controlled Substances Act, an
16intoxicating compound listed in the Use of Intoxicating
17Compounds Act, or methamphetamine as listed in the
18Methamphetamine Control and Community Protection Act. If the
19person is also a CDL holder and refuses testing or submits to a
20test which discloses an alcohol concentration of 0.08 or more,
21or any amount of a drug, substance, or intoxicating compound in
22the person's blood, other bodily substance, or urine resulting
23from the unlawful use or consumption of cannabis listed in the
24Cannabis Control Act, a controlled substance listed in the
25Illinois Controlled Substances Act, an intoxicating compound
26listed in the Use of Intoxicating Compounds Act, or

 

 

HB0218 Engrossed- 124 -LRB099 04095 RLC 24114 b

1methamphetamine as listed in the Methamphetamine Control and
2Community Protection Act, the law enforcement officer shall
3immediately submit a sworn report to the Secretary of State on
4a form prescribed by the Secretary, certifying that the test or
5tests were requested under subsection (a) and the person
6refused to submit to a test or tests or submitted to testing
7which disclosed an alcohol concentration of 0.08 or more, or
8any amount of a drug, substance, or intoxicating compound in
9such person's blood, other bodily substance, or urine,
10resulting from the unlawful use or consumption of cannabis
11listed in the Cannabis Control Act, a controlled substance
12listed in the Illinois Controlled Substances Act, an
13intoxicating compound listed in the Use of Intoxicating
14Compounds Act, or methamphetamine as listed in the
15Methamphetamine Control and Community Protection Act.
16    Upon receipt of the sworn report of a law enforcement
17officer, the Secretary shall enter the suspension and
18disqualification to the individual's driving record and the
19suspension and disqualification shall be effective on the 46th
20day following the date notice of the suspension was given to
21the person.
22    The law enforcement officer submitting the sworn report
23shall serve immediate notice of this suspension on the person
24and such suspension and disqualification shall be effective on
25the 46th day following the date notice was given.
26    In cases involving a person who is not a CDL holder where

 

 

HB0218 Engrossed- 125 -LRB099 04095 RLC 24114 b

1the blood alcohol concentration of 0.08 or more, or blood
2testing discloses the presence of cannabis as listed in the
3Cannabis Control Act with a tetrahydrocannabinol concentration
4as defined in paragraph 6 of subsection (a) of Section 11-501.2
5of this Code, or any amount of a drug, substance, or
6intoxicating compound resulting from the unlawful use or
7consumption of cannabis as listed in the Cannabis Control Act,
8a controlled substance listed in the Illinois Controlled
9Substances Act, an intoxicating compound listed in the Use of
10Intoxicating Compounds Act, or methamphetamine as listed in the
11Methamphetamine Control and Community Protection Act, is
12established by a subsequent analysis of blood, other bodily
13substance, or urine collected at the time of arrest, the
14arresting officer shall give notice as provided in this Section
15or by deposit in the United States mail of such notice in an
16envelope with postage prepaid and addressed to such person at
17his or her address as shown on the Uniform Traffic Ticket and
18the suspension and disqualification shall be effective on the
1946th day following the date notice was given.
20    In cases involving a person who is a CDL holder where the
21blood alcohol concentration of 0.08 or more, or any amount of a
22drug, substance, or intoxicating compound resulting from the
23unlawful use or consumption of cannabis as listed in the
24Cannabis Control Act, a controlled substance listed in the
25Illinois Controlled Substances Act, an intoxicating compound
26listed in the Use of Intoxicating Compounds Act, or

 

 

HB0218 Engrossed- 126 -LRB099 04095 RLC 24114 b

1methamphetamine as listed in the Methamphetamine Control and
2Community Protection Act, is established by a subsequent
3analysis of blood, other bodily substance, or urine collected
4at the time of arrest, the arresting officer shall give notice
5as provided in this Section or by deposit in the United States
6mail of such notice in an envelope with postage prepaid and
7addressed to the person at his or her address as shown on the
8Uniform Traffic Ticket and the suspension and disqualification
9shall be effective on the 46th day following the date notice
10was given.
11    Upon receipt of the sworn report of a law enforcement
12officer, the Secretary shall also give notice of the suspension
13and disqualification to the driver by mailing a notice of the
14effective date of the suspension and disqualification to the
15individual. However, should the sworn report be defective by
16not containing sufficient information or be completed in error,
17the notice of the suspension and disqualification shall not be
18mailed to the person or entered to the driving record, but
19rather the sworn report shall be returned to the issuing law
20enforcement agency.
21    (e) A driver may contest this suspension of his or her
22driving privileges and disqualification of his or her CDL
23privileges by requesting an administrative hearing with the
24Secretary in accordance with Section 2-118 of this Code. At the
25conclusion of a hearing held under Section 2-118 of this Code,
26the Secretary may rescind, continue, or modify the orders of

 

 

HB0218 Engrossed- 127 -LRB099 04095 RLC 24114 b

1suspension and disqualification. If the Secretary does not
2rescind the orders of suspension and disqualification, a
3restricted driving permit may be granted by the Secretary upon
4application being made and good cause shown. A restricted
5driving permit may be granted to relieve undue hardship to
6allow driving for employment, educational, and medical
7purposes as outlined in Section 6-206 of this Code. The
8provisions of Section 6-206 of this Code shall apply. In
9accordance with 49 C.F.R. 384, the Secretary of State may not
10issue a restricted driving permit for the operation of a
11commercial motor vehicle to a person holding a CDL whose
12driving privileges have been suspended, revoked, cancelled, or
13disqualified.
14    (f) (Blank).
15    (g) For the purposes of this Section, a personal injury
16shall include any type A injury as indicated on the traffic
17accident report completed by a law enforcement officer that
18requires immediate professional attention in either a doctor's
19office or a medical facility. A type A injury shall include
20severely bleeding wounds, distorted extremities, and injuries
21that require the injured party to be carried from the scene.
22(Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11;
2397-835, eff. 7-20-12.)
 
24    (625 ILCS 5/11-501.8)
25    Sec. 11-501.8. Suspension of driver's license; persons

 

 

HB0218 Engrossed- 128 -LRB099 04095 RLC 24114 b

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

 

 

HB0218 Engrossed- 129 -LRB099 04095 RLC 24114 b

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

 

 

HB0218 Engrossed- 130 -LRB099 04095 RLC 24114 b

1    at the direction of a law enforcement officer. The failure
2    or inability to obtain an additional test by a person shall
3    not preclude the consideration of the previously performed
4    chemical test.
5        (iv) Upon a request of the person who submits to a
6    chemical test or tests at the request of a law enforcement
7    officer, full information concerning the test or tests
8    shall be made available to the person or that person's
9    attorney.
10        (v) Alcohol concentration means either grams of
11    alcohol per 100 milliliters of blood or grams of alcohol
12    per 210 liters of breath.
13        (vi) If a driver is receiving medical treatment as a
14    result of a motor vehicle accident, a physician licensed to
15    practice medicine, licensed physician assistant, licensed
16    advanced practice nurse, registered nurse, or other
17    qualified person 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

 

 

HB0218 Engrossed- 131 -LRB099 04095 RLC 24114 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

 

 

HB0218 Engrossed- 132 -LRB099 04095 RLC 24114 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, other
21bodily substance, or urine, the police officer or arresting
22agency shall give notice as provided in this Section or by
23deposit in the United States mail of that notice in an envelope
24with postage prepaid and addressed to that person at his last
25known address and the loss of driving privileges shall be
26effective on the 46th day following the date notice was given.

 

 

HB0218 Engrossed- 133 -LRB099 04095 RLC 24114 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

 

 

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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

 

 

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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

 

 

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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. 96-1080, eff. 7-16-10; 96-1344, eff. 7-1-11;
2597-333, eff. 8-12-11; 97-450, eff. 8-19-11.)
 

 

 

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1    (625 ILCS 5/11-507)
2    Sec. 11-507. Supervising a minor driver while under the
3influence of alcohol, other drug or drugs, intoxicating
4compound or compounds or any combination thereof.
5    (a) A person shall not accompany or provide instruction,
6pursuant to subsection (a) of Section 6-107.1 of this Code, to
7a driver who is a minor and driving a motor vehicle pursuant to
8an instruction permit under Section 6-107.1 of this Code,
9while:
10        (1) the alcohol concentration in the person's blood,
11    other bodily substance, or breath is 0.08 or more based on
12    the definition of blood and breath units in Section
13    11-501.2 of this Code;
14        (2) under the influence of alcohol;
15        (3) under the influence of any intoxicating compound or
16    combination of intoxicating compounds to a degree that
17    renders the person incapable of properly supervising or
18    providing instruction to the minor driver;
19        (4) under the influence of any other drug or
20    combination of drugs to a degree that renders the person
21    incapable of properly supervising or providing instruction
22    to the minor driver;
23        (5) under the combined influence of alcohol, other drug
24    or drugs, or intoxicating compound or compounds to a degree
25    that renders the person incapable of properly supervising
26    or providing instruction to the minor driver; or

 

 

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1        (5.3) the person who is not a CDL holder has, within 2
2    hours of accompanying or providing instruction, a
3    tetrahydrocannabinol concentration in the person's whole
4    blood or other bodily substance as defined in paragraph 6
5    of subsection (a) of Section 11-501.2 of this Code;
6        (5.5) the person who is a CDL holder has any amount of
7    a drug, substance, or compound in the person's breath,
8    blood, other bodily substance, or urine resulting from the
9    unlawful use or consumption of cannabis listed in the
10    Cannabis Control Act; or
11        (6) there is any amount of a drug, substance, or
12    compound in the person's breath, blood, other bodily
13    substance, or urine resulting from the unlawful use or
14    consumption of cannabis listed in the Cannabis Control Act,
15    a controlled substance listed in the Illinois Controlled
16    Substances Act, an intoxicating compound listed in the Use
17    of Intoxicating Compounds Act, or methamphetamine as
18    listed in the Methamphetamine Control and Community
19    Protection Act.
20    (b) A person found guilty of violating this Section is
21guilty of an offense against the regulations governing the
22movement of vehicles.
23(Source: P.A. 96-1237, eff. 1-1-11.)
 
24    Section 25. The Snowmobile Registration and Safety Act is
25amended by changing Sections 5-7, 5-7.1, 5-7.2, 5-7.4, and

 

 

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15-7.6 as follows:
 
2    (625 ILCS 40/5-7)
3    Sec. 5-7. Operating a snowmobile while under the influence
4of alcohol or other drug or drugs, intoxicating compound or
5compounds, or a combination of them; criminal penalties;
6suspension of operating privileges.
7    (a) A person may not operate or be in actual physical
8control of a snowmobile within this State while:
9        1. The alcohol concentration in that person's blood,
10    other bodily substance, or breath is a concentration at
11    which driving a motor vehicle is prohibited under
12    subdivision (1) of subsection (a) of Section 11-501 of the
13    Illinois Vehicle Code;
14        2. The person is under the influence of alcohol;
15        3. The person is under the influence of any other drug
16    or combination of drugs to a degree that renders that
17    person incapable of safely operating a snowmobile;
18        3.1. The person is under the influence of any
19    intoxicating compound or combination of intoxicating
20    compounds to a degree that renders the person incapable of
21    safely operating a snowmobile;
22        4. The person is under the combined influence of
23    alcohol and any other drug or drugs or intoxicating
24    compound or compounds to a degree that renders that person
25    incapable of safely operating a snowmobile; or

 

 

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1        (4.3) The person who is not a CDL holder has a
2    tetrahydrocannabinol concentration in the person's whole
3    blood or other bodily substance at which driving a motor
4    vehicle is prohibited under subdivision (7) of subsection
5    (a) of Section 11-501 of the Illinois Vehicle Code;
6        (4.5) The person who is a CDL holder has any amount of
7    a drug, substance, or compound in the person's breath,
8    blood, other bodily substance, or urine resulting from the
9    unlawful use or consumption of cannabis listed in the
10    Cannabis Control Act; or
11        5. There is any amount of a drug, substance, or
12    compound in that person's breath, blood, other bodily
13    substance, or urine resulting from the unlawful use or
14    consumption of a cannabis listed in the Cannabis Control
15    Act, controlled substance listed in the Illinois
16    Controlled Substances Act, methamphetamine as listed in
17    the Methamphetamine Control and Community Protection Act,
18    or intoxicating compound listed in the use of Intoxicating
19    Compounds Act.
20    (b) The fact that a person charged with violating this
21Section is or has been legally entitled to use alcohol, other
22drug or drugs, any intoxicating compound or compounds, or any
23combination of them does not constitute a defense against a
24charge of violating this Section.
25    (c) Every person convicted of violating this Section or a
26similar provision of a local ordinance is guilty of a Class A

 

 

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1misdemeanor, except as otherwise provided in this Section.
2    (c-1) As used in this Section, "first time offender" means
3any person who has not had a previous conviction or been
4assigned supervision for violating this Section or a similar
5provision of a local ordinance, or any person who has not had a
6suspension imposed under subsection (e) of Section 5-7.1.
7    (c-2) For purposes of this Section, the following are
8equivalent to a conviction:
9        (1) a forfeiture of bail or collateral deposited to
10    secure a defendant's appearance in court when forfeiture
11    has not been vacated; or
12        (2) the failure of a defendant to appear for trial.
13    (d) Every person convicted of violating this Section is
14guilty of a Class 4 felony if:
15        1. The person has a previous conviction under this
16    Section;
17        2. The offense results in personal injury where a
18    person other than the operator suffers great bodily harm or
19    permanent disability or disfigurement, when the violation
20    was a proximate cause of the injuries. A person guilty of a
21    Class 4 felony under this paragraph 2, if sentenced to a
22    term of imprisonment, shall be sentenced to not less than
23    one year nor more than 12 years; or
24        3. The offense occurred during a period in which the
25    person's privileges to operate a snowmobile are revoked or
26    suspended, and the revocation or suspension was for a

 

 

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1    violation of this Section or was imposed under Section
2    5-7.1.
3    (e) Every person convicted of violating this Section is
4guilty of a Class 2 felony if the offense results in the death
5of a person. A person guilty of a Class 2 felony under this
6subsection (e), if sentenced to a term of imprisonment, shall
7be sentenced to a term of not less than 3 years and not more
8than 14 years.
9    (e-1) Every person convicted of violating this Section or a
10similar provision of a local ordinance who had a child under
11the age of 16 on board the snowmobile at the time of offense
12shall be subject to a mandatory minimum fine of $500 and shall
13be subject to a mandatory minimum of 5 days of community
14service in a program benefiting children. The assignment under
15this subsection shall not be subject to suspension nor shall
16the person be eligible for probation in order to reduce the
17assignment.
18    (e-2) Every person found guilty of violating this Section,
19whose operation of a snowmobile while in violation of this
20Section proximately caused any incident resulting in an
21appropriate emergency response, shall be liable for the expense
22of an emergency response as provided in subsection (i) of
23Section 11-501.01 of the Illinois Vehicle Code.
24    (e-3) In addition to any other penalties and liabilities, a
25person who is found guilty of violating this Section, including
26any person placed on court supervision, shall be fined $100,

 

 

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1payable to the circuit clerk, who shall distribute the money to
2the law enforcement agency that made the arrest. In the event
3that more than one agency is responsible for the arrest, the
4$100 shall be shared equally. Any moneys received by a law
5enforcement agency under this subsection (e-3) shall be used to
6purchase law enforcement equipment or to provide law
7enforcement training that will assist in the prevention of
8alcohol related criminal violence throughout the State. Law
9enforcement equipment shall include, but is not limited to,
10in-car video cameras, radar and laser speed detection devices,
11and alcohol breath testers.
12    (f) In addition to any criminal penalties imposed, the
13Department of Natural Resources shall suspend the snowmobile
14operation privileges of a person convicted or found guilty of a
15misdemeanor under this Section for a period of one year, except
16that first-time offenders are exempt from this mandatory one
17year suspension.
18    (g) In addition to any criminal penalties imposed, the
19Department of Natural Resources shall suspend for a period of 5
20years the snowmobile operation privileges of any person
21convicted or found guilty of a felony under this Section.
22(Source: P.A. 95-149, eff. 8-14-07; 96-1000, eff. 7-2-10.)
 
23    (625 ILCS 40/5-7.1)
24    Sec. 5-7.1. Implied consent.
25    (a) A person who operates or is in actual physical control

 

 

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1of a snowmobile in this State is deemed to have given consent
2to a chemical test or tests of blood, breath, other bodily
3substance, or urine for the purpose of determining the content
4of alcohol, other drug or drugs, intoxicating compound or
5compounds, or a combination of them in that person's blood or
6other bodily substance, if arrested for a violation of Section
75-7. The chemical test or tests shall be administered at the
8direction of the arresting officer. The law enforcement agency
9employing the officer shall designate which tests shall be
10administered. Up to 2 additional tests of A urine or other
11bodily substance test may be administered even after a blood or
12breath test or both has been administered.
13    (a-1) For the purposes of this Section, an Illinois law
14enforcement officer of this State who is investigating the
15person for any offense defined in Section 5-7 may travel into
16an adjoining state, where the person has been transported for
17medical care to complete an investigation and to request that
18the person submit to the test or tests set forth in this
19Section. The requirements of this Section that the person be
20arrested are inapplicable, but the officer shall issue the
21person a uniform citation for an offense as defined in Section
225-7 or a similar provision of a local ordinance prior to
23requesting that the person submit to the test or tests. The
24issuance of the uniform citation shall not constitute an
25arrest, but shall be for the purpose of notifying the person
26that he or she is subject to the provisions of this Section and

 

 

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1of the officer's belief of the existence of probable cause to
2arrest. Upon returning to this State, the officer shall file
3the uniform citation with the circuit clerk of the county where
4the offense was committed and shall seek the issuance of an
5arrest warrant or a summons for the person.
6    (a-2) Notwithstanding any ability to refuse under this Act
7to submit to these tests or any ability to revoke the implied
8consent to these tests, if a law enforcement officer has
9probable cause to believe that a snowmobile operated by or
10under actual physical control of a person under the influence
11of alcohol, other drug or drugs, intoxicating compound or
12compounds, or any combination of them has caused the death or
13personal injury to another, that person shall submit, upon the
14request of a law enforcement officer, to a chemical test or
15tests of his or her blood, breath, other bodily substance, or
16urine for the purpose of determining the alcohol content or the
17presence of any other drug or combination of both. For the
18purposes of this Section, a personal injury includes severe
19bleeding wounds, distorted extremities, and injuries that
20require the injured party to be carried from the scene for
21immediate professional attention in either a doctor's office or
22a medical facility.
23    (b) A person who is dead, unconscious, or who is otherwise
24in a condition rendering that person incapable of refusal, is
25deemed not to have withdrawn the consent provided in subsection
26(a), and the test or tests may be administered.

 

 

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1    (c) A person requested to submit to a test as provided in
2this Section shall be verbally advised by the law enforcement
3officer requesting the test that a refusal to submit to the
4test will result in suspension of that person's privilege to
5operate a snowmobile for a minimum of 2 years.
6    (d) Following this warning, if a person under arrest
7refuses upon the request of a law enforcement officer to submit
8to a test designated by the officer, no tests may be given, but
9the law enforcement officer shall file with the clerk of the
10circuit court for the county in which the arrest was made, and
11with the Department of Natural Resources, a sworn statement
12naming the person refusing to take and complete the chemical
13test or tests requested under the provisions of this Section.
14The sworn statement shall identify the arrested person, the
15person's current residence address and shall specify that a
16refusal by that person to take the chemical test or tests was
17made. The sworn statement shall include a statement that the
18officer had reasonable cause to believe the person was
19operating or was in actual physical control of the snowmobile
20within this State while under the influence of alcohol, other
21drug or drugs, an intoxicating compound or compound, or a
22combination of them and that a chemical test or tests were
23requested as an incident to and following the lawful arrest for
24an offense as defined in Section 5-7 or a similar provision of
25a local ordinance, and that the person, after being arrested
26for an offense arising out of acts alleged to have been

 

 

HB0218 Engrossed- 147 -LRB099 04095 RLC 24114 b

1committed while operating a snowmobile, refused to submit to
2and complete a chemical test or tests as requested by the law
3enforcement officer.
4    (e) The law enforcement officer submitting the sworn
5statement shall serve immediate written notice upon the person
6refusing the chemical test or tests that the person's privilege
7to operate a snowmobile within this State will be suspended for
8a period of 2 years unless, within 28 days from the date of the
9notice, the person requests in writing a hearing on the
10suspension.
11    If the person desires a hearing, the person shall file a
12complaint in the circuit court in the county where that person
13was arrested within 28 days from the date of the notice. The
14hearing shall proceed in the court in the same manner as other
15civil proceedings. The hearing shall cover only the following
16issues: (1) whether the person was placed under arrest for an
17offense as defined in Section 5-7 or a similar provision of a
18local ordinance as evidenced by the issuance of a uniform
19citation; (2) whether the arresting officer had reasonable
20grounds to believe that the person was operating a snowmobile
21while under the influence of alcohol, other drug or drugs, an
22intoxicating compound or compounds, or a combination of them;
23and (3) whether that person refused to submit to and complete
24the chemical test or tests upon the request of the law
25enforcement officer. Whether the person was informed that the
26person's privilege to operate a snowmobile would be suspended

 

 

HB0218 Engrossed- 148 -LRB099 04095 RLC 24114 b

1if that person refused to submit to the chemical test or tests
2may not be an issue in the hearing.
3    If the person fails to request a hearing in writing within
428 days of the date of the notice, or if a hearing is held and
5the court finds against the person on the issues before the
6court, the clerk shall immediately notify the Department of
7Natural Resources, and the Department shall suspend the
8snowmobile operation privileges of that person for at least 2
9years.
10    (f) (Blank).
11    (f-1) If the person is a CDL holder and submits to a test
12that discloses an alcohol concentration of 0.08 or more, or any
13amount of a drug, substance, or intoxicating compound in the
14person's breath, blood, other bodily substance, or urine
15resulting from the unlawful use of cannabis listed in the
16Cannabis Control Act, a controlled substance listed in the
17Illinois Controlled Substances Act, methamphetamine as listed
18in the Methamphetamine Control and Community Protection Act, or
19an intoxicating compound listed in the Use of Intoxicating
20Compounds Act, the law enforcement officer shall immediately
21submit a sworn report to the circuit clerk of venue and the
22Department of Natural Resources, certifying that the test or
23tests was or were requested under subsection (a-1) of this
24Section and the person submitted to testing that disclosed an
25alcohol concentration of 0.08 or more, or any amount of a drug,
26substance, or intoxicating compound in the person's breath,

 

 

HB0218 Engrossed- 149 -LRB099 04095 RLC 24114 b

1blood, other bodily substance, or urine resulting from the
2unlawful use or consumption of cannabis listed in the Cannabis
3Control Act, a controlled substance listed in the Illinois
4Controlled Substances Act, methamphetamine as listed in the
5Methamphetamine Control and Community Protection Act, or an
6intoxicating compound listed in the Use of Intoxicating
7Compounds Act. If the person is not a CDL holder and submits to
8a test that discloses an alcohol concentration of 0.08 or more,
9a tetrahydrocannabinol concentration in the person's whole
10blood or other bodily substance as defined in paragraph 6 of
11subsection (a) of Section 11-501.2 of the Illinois Vehicle
12Code, or any amount of a drug, substance, or intoxicating
13compound in the person's blood, other bodily substance, or
14urine resulting from the unlawful use or consumption of a
15controlled substance listed in the Illinois Controlled
16Substances Act, an intoxicating compound listed in the Use of
17Intoxicating Compounds Act, or methamphetamine as listed in the
18Methamphetamine Control and Community Protection Act, the law
19enforcement officer shall immediately submit a sworn report to
20the circuit clerk of venue and the Department of Natural
21Resources, certifying that the test or tests was or were
22requested under subsection (a-1) and the person submitted to
23testing that disclosed an alcohol concentration of 0.08 or
24more, a tetrahydrocannabinol concentration in the person's
25whole blood or other bodily substance as defined in paragraph 6
26of subsection (a) of Section 11-501.2 of the Illinois Vehicle

 

 

HB0218 Engrossed- 150 -LRB099 04095 RLC 24114 b

1Code, or any amount of a drug, substance, or intoxicating
2compound in such person's blood, other bodily substance, or
3urine, resulting from the unlawful use or consumption of a
4controlled substance listed in the Illinois Controlled
5Substances Act, an intoxicating compound listed in the Use of
6Intoxicating Compounds Act, or methamphetamine as listed in the
7Methamphetamine Control and Community Protection Act.
8    In cases involving a person who is CDL holder where the
9blood alcohol concentration of 0.08 or greater or any amount of
10drug, substance, or compound resulting from the unlawful use of
11cannabis, a controlled substance, methamphetamine, or an
12intoxicating compound is established by a subsequent analysis
13of blood, other bodily substance, or urine collected at the
14time of arrest, the arresting officer or arresting agency shall
15immediately submit a sworn report to the circuit clerk of venue
16and the Department of Natural Resources upon receipt of the
17test results. In cases involving a person who is not a CDL
18holder where the blood alcohol concentration of 0.08 or
19greater, a tetrahydrocannabinol concentration in the person's
20whole blood or other bodily substance as defined in paragraph 6
21of subsection (a) of Section 11-501.2 of the Illinois Vehicle
22Code, or any amount of drug, substance, or compound resulting
23from the unlawful use of a controlled substance,
24methamphetamine, or an intoxicating compound is established by
25a subsequent analysis of blood, other bodily substance, or
26urine collected at the time of arrest, the arresting officer or

 

 

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1arresting agency shall immediately submit a sworn report to the
2circuit clerk of venue and the Department of Natural Resources
3upon receipt of the test results.
4    (g) A person must submit to each chemical test offered by
5the law enforcement officer in order to comply with implied
6consent provisions of this Section.
7    (h) The provision of Section 11-501.2 of the Illinois
8Vehicle Code concerning the certification and use of chemical
9tests applies to the use of those tests under this Section.
10(Source: P.A. 93-156, eff. 1-1-04.)
 
11    (625 ILCS 40/5-7.2)
12    Sec. 5-7.2. Chemical and other tests.
13    (a) Upon the trial of a civil or criminal action or
14proceeding arising out of acts alleged to have been committed
15while under the influence of alcohol, other drug or drugs,
16intoxicating compound or compounds, or a combination of them,
17the concentration of alcohol, drug, or compound in the person's
18blood, other bodily substance, or breath at the time alleged as
19shown by analysis of the person's blood, urine, breath, or
20other bodily substance gives rise to the presumptions specified
21in subdivisions 1, 2, and 3 of subsection (b) and subsection
22(b-5) of Section 11-501.2 of the Illinois Vehicle Code.
23    (b) The provisions of subsection (a) shall not be construed
24as limiting the introduction of any other relevant evidence
25bearing upon the question whether the person was under the

 

 

HB0218 Engrossed- 152 -LRB099 04095 RLC 24114 b

1influence of alcohol, other drug or drugs, intoxicating
2compound or compounds, or a combination of them.
3    (c) If a person under arrest refuses to submit to a
4chemical test under the provisions of Section 5-7.1, evidence
5of refusal is admissible in a civil or criminal action or
6proceeding arising out of acts alleged to have been committed
7while the person under the influence of alcohol, other drug or
8drugs, an intoxicating compound or compounds, or a combination
9of them was operating a snowmobile.
10(Source: P.A. 93-156, eff. 1-1-04.)
 
11    (625 ILCS 40/5-7.4)
12    Sec. 5-7.4. Admissibility of chemical tests of blood, other
13bodily substance, or urine conducted in the regular course of
14providing emergency medical treatment.
15    (a) Notwithstanding any other provision of law, the results
16of blood, other bodily substance, or urine tests performed for
17the purpose of determining the content of alcohol, other drug
18or drugs, intoxicating compound or compounds, or any
19combination of them in an individual's blood, other bodily
20substance, or urine conducted upon persons receiving medical
21treatment in a hospital emergency room, are admissible in
22evidence as a business record exception to the hearsay rule
23only in prosecutions for a violation of Section 5-7 of this Act
24or a similar provision of a local ordinance or in prosecutions
25for reckless homicide brought under the Criminal Code of 1961

 

 

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1or the Criminal Code of 2012.
2    The results of the tests are admissible only when each of
3the following criteria are met:
4        1. The chemical tests performed upon an individual's
5    blood, other bodily substance, or urine were ordered in the
6    regular course of providing emergency treatment and not at
7    the request of law enforcement authorities; and
8        2. The chemical tests performed upon an individual's
9    blood, other bodily substance, or urine were performed by
10    the laboratory routinely used by the hospital.
11        3. (Blank).
12    Results of chemical tests performed upon an individual's
13blood, other bodily substance, or urine are admissible into
14evidence regardless of the time that the records were prepared.
15    (b) The confidentiality provisions of law pertaining to
16medical records and medical treatment are not applicable with
17regard to chemical tests performed upon a person's blood, other
18bodily substance, or urine under the provisions of this Section
19in prosecutions as specified in subsection (a) of this Section.
20No person shall be liable for civil damages as a result of the
21evidentiary use of the results of chemical testing of the
22individual's blood, other bodily substance, or urine under this
23Section or as a result of that person's testimony made
24available under this Section.
25(Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
 

 

 

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1    (625 ILCS 40/5-7.6)
2    Sec. 5-7.6. Reporting of test results of blood, other
3bodily substance, or urine conducted in the regular course of
4providing emergency medical treatment.
5    (a) Notwithstanding any other provision of law, the results
6of blood, other bodily substance, or urine tests performed for
7the purpose of determining the content of alcohol, other drug
8or drugs, intoxicating compound or compounds, or any
9combination of them in an individual's blood, other bodily
10substance, or urine, conducted upon persons receiving medical
11treatment in a hospital emergency room for injuries resulting
12from a snowmobile accident, shall be disclosed to the
13Department of Natural Resources, or local law enforcement
14agencies of jurisdiction, upon request. The blood, other bodily
15substance, or urine tests are admissible in evidence as a
16business record exception to the hearsay rule only in
17prosecutions for violations of Section 5-7 of this Code or a
18similar provision of a local ordinance, or in prosecutions for
19reckless homicide brought under the Criminal Code of 1961 or
20the Criminal Code of 2012.
21    (b) The confidentiality provisions of the law pertaining to
22medical records and medical treatment shall not be applicable
23with regard to tests performed upon an individual's blood,
24other bodily substance, or urine under the provisions of
25subsection (a) of this Section. No person shall be liable for
26civil damages or professional discipline as a result of

 

 

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1disclosure or reporting of the tests or the evidentiary use of
2an individual's blood, other bodily substance, or urine test
3results under this Section or Section 5-7.4 or as a result of
4that person's testimony made available under this Section or
5Section 5-7.4, except for willful or wanton misconduct.
6(Source: P.A. 97-1150, eff. 1-25-13.)
 
7    Section 30. The Boat Registration and Safety Act is amended
8by changing Sections 5-16, 5-16a, 5-16a.1, and 5-16c as
9follows:
 
10    (625 ILCS 45/5-16)
11    Sec. 5-16. Operating a watercraft under the influence of
12alcohol, other drug or drugs, intoxicating compound or
13compounds, or combination thereof.
14    (A) 1. A person shall not operate or be in actual physical
15    control of any watercraft within this State while:
16            (a) The alcohol concentration in such person's
17        blood, other bodily substance, or breath is a
18        concentration at which driving a motor vehicle is
19        prohibited under subdivision (1) of subsection (a) of
20        Section 11-501 of the Illinois Vehicle Code;
21            (b) Under the influence of alcohol;
22            (c) Under the influence of any other drug or
23        combination of drugs to a degree which renders such
24        person incapable of safely operating any watercraft;

 

 

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1            (c-1) Under the influence of any intoxicating
2        compound or combination of intoxicating compounds to a
3        degree that renders the person incapable of safely
4        operating any watercraft;
5            (d) Under the combined influence of alcohol and any
6        other drug or drugs to a degree which renders such
7        person incapable of safely operating a watercraft; or
8            (d-3) The person who is not a CDL holder has a
9        tetrahydrocannabinol concentration in the person's
10        whole blood or other bodily substance at which driving
11        a motor vehicle is prohibited under subdivision (7) of
12        subsection (a) of Section 11-501 of the Illinois
13        Vehicle Code;
14            (d-5) The person who is a CDL holder has any amount
15        of a drug, substance, or compound in the person's
16        breath, blood, other bodily substance, or urine
17        resulting from the unlawful use or consumption of
18        cannabis listed in the Cannabis Control Act; or
19            (e) There is any amount of a drug, substance, or
20        compound in the person's blood, other bodily
21        substance, or urine resulting from the unlawful use or
22        consumption of cannabis listed in the Cannabis Control
23        Act, a controlled substance listed in the Illinois
24        Controlled Substances Act, methamphetamine as listed
25        in the Methamphetamine Control and Community
26        Protection Act, or an intoxicating compound listed in

 

 

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1        the Use of Intoxicating Compounds Act.
2        2. The fact that any person charged with violating this
3    Section is or has been legally entitled to use alcohol,
4    other drug or drugs, any intoxicating compound or
5    compounds, or any combination of them, shall not constitute
6    a defense against any charge of violating this Section.
7        3. Every person convicted of violating this Section
8    shall be guilty of a Class A misdemeanor, except as
9    otherwise provided in this Section.
10        4. Every person convicted of violating this Section
11    shall be guilty of a Class 4 felony if:
12            (a) He or she has a previous conviction under this
13        Section;
14            (b) The offense results in personal injury where a
15        person other than the operator suffers great bodily
16        harm or permanent disability or disfigurement, when
17        the violation was a proximate cause of the injuries. A
18        person guilty of a Class 4 felony under this
19        subparagraph (b), if sentenced to a term of
20        imprisonment, shall be sentenced to a term of not less
21        than one year nor more than 12 years; or
22            (c) The offense occurred during a period in which
23        his or her privileges to operate a watercraft are
24        revoked or suspended, and the revocation or suspension
25        was for a violation of this Section or was imposed
26        under subsection (B).

 

 

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1        5. Every person convicted of violating this Section
2    shall be guilty of a Class 2 felony if the offense results
3    in the death of a person. A person guilty of a Class 2
4    felony under this paragraph 5, if sentenced to a term of
5    imprisonment, shall be sentenced to a term of not less than
6    3 years and not more than 14 years.
7        5.1. A person convicted of violating this Section or a
8    similar provision of a local ordinance who had a child
9    under the age of 16 aboard the watercraft at the time of
10    offense is subject to a mandatory minimum fine of $500 and
11    to a mandatory minimum of 5 days of community service in a
12    program benefiting children. The assignment under this
13    paragraph 5.1 is not subject to suspension and the person
14    is not eligible for probation in order to reduce the
15    assignment.
16        5.2. A person found guilty of violating this Section,
17    if his or her operation of a watercraft while in violation
18    of this Section proximately caused any incident resulting
19    in an appropriate emergency response, is liable for the
20    expense of an emergency response as provided in subsection
21    (m) of Section 11-501 of the Illinois Vehicle Code.
22        5.3. In addition to any other penalties and
23    liabilities, a person who is found guilty of violating this
24    Section, including any person placed on court supervision,
25    shall be fined $100, payable to the circuit clerk, who
26    shall distribute the money to the law enforcement agency

 

 

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1    that made the arrest. In the event that more than one
2    agency is responsible for the arrest, the $100 shall be
3    shared equally. Any moneys received by a law enforcement
4    agency under this paragraph 5.3 shall be used to purchase
5    law enforcement equipment or to provide law enforcement
6    training that will assist in the prevention of alcohol
7    related criminal violence throughout the State. Law
8    enforcement equipment shall include, but is not limited to,
9    in-car video cameras, radar and laser speed detection
10    devices, and alcohol breath testers.
11        6. (a) In addition to any criminal penalties imposed,
12        the Department of Natural Resources shall suspend the
13        watercraft operation privileges of any person
14        convicted or found guilty of a misdemeanor under this
15        Section, a similar provision of a local ordinance, or
16        Title 46 of the U.S. Code of Federal Regulations for a
17        period of one year, except that a first time offender
18        is exempt from this mandatory one year suspension.
19            As used in this subdivision (A)6(a), "first time
20        offender" means any person who has not had a previous
21        conviction or been assigned supervision for violating
22        this Section, a similar provision of a local ordinance
23        or, Title 46 of the U.S. Code of Federal Regulations,
24        or any person who has not had a suspension imposed
25        under subdivision (B)3.1 of Section 5-16.
26            (b) In addition to any criminal penalties imposed,

 

 

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1        the Department of Natural Resources shall suspend the
2        watercraft operation privileges of any person
3        convicted of a felony under this Section, a similar
4        provision of a local ordinance, or Title 46 of the U.S.
5        Code of Federal Regulations for a period of 3 years.
6    (B) 1. Any person who operates or is in actual physical
7    control of any watercraft upon the waters of this State
8    shall be deemed to have given consent to a chemical test or
9    tests of blood, breath, other bodily substance, or urine
10    for the purpose of determining the content of alcohol,
11    other drug or drugs, intoxicating compound or compounds, or
12    combination thereof in the person's blood or other bodily
13    substance if arrested for any offense of subsection (A)
14    above. The chemical test or tests shall be administered at
15    the direction of the arresting officer. The law enforcement
16    agency employing the officer shall designate which of the
17    tests shall be administered. Up to 2 additional tests of A
18    urine or other bodily substance test may be administered
19    even after a blood or breath test or both has been
20    administered.
21        1.1. For the purposes of this Section, an Illinois Law
22    Enforcement officer of this State who is investigating the
23    person for any offense defined in Section 5-16 may travel
24    into an adjoining state, where the person has been
25    transported for medical care to complete an investigation,
26    and may request that the person submit to the test or tests

 

 

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1    set forth in this Section. The requirements of this Section
2    that the person be arrested are inapplicable, but the
3    officer shall issue the person a uniform citation for an
4    offense as defined in Section 5-16 or a similar provision
5    of a local ordinance prior to requesting that the person
6    submit to the test or tests. The issuance of the uniform
7    citation shall not constitute an arrest, but shall be for
8    the purpose of notifying the person that he or she is
9    subject to the provisions of this Section and of the
10    officer's belief in the existence of probable cause to
11    arrest. Upon returning to this State, the officer shall
12    file the uniform citation with the circuit clerk of the
13    county where the offense was committed and shall seek the
14    issuance of an arrest warrant or a summons for the person.
15        1.2. Notwithstanding any ability to refuse under this
16    Act to submit to these tests or any ability to revoke the
17    implied consent to these tests, if a law enforcement
18    officer has probable cause to believe that a watercraft
19    operated by or under actual physical control of a person
20    under the influence of alcohol, other drug or drugs,
21    intoxicating compound or compounds, or any combination of
22    them has caused the death of or personal injury to another,
23    that person shall submit, upon the request of a law
24    enforcement officer, to a chemical test or tests of his or
25    her blood, breath, other bodily substance, or urine for the
26    purpose of determining the alcohol content or the presence

 

 

HB0218 Engrossed- 162 -LRB099 04095 RLC 24114 b

1    of any other drug, intoxicating compound, or combination of
2    them. For the purposes of this Section, a personal injury
3    includes severe bleeding wounds, distorted extremities,
4    and injuries that require the injured party to be carried
5    from the scene for immediate professional attention in
6    either a doctor's office or a medical facility.
7        2. Any person who is dead, unconscious or who is
8    otherwise in a condition rendering such person incapable of
9    refusal, shall be deemed not to have withdrawn the consent
10    provided above, and the test may be administered.
11        3. A person requested to submit to a chemical test as
12    provided above shall be verbally advised by the law
13    enforcement officer requesting the test that a refusal to
14    submit to the test will result in suspension of such
15    person's privilege to operate a watercraft for a minimum of
16    2 years. Following this warning, if a person under arrest
17    refuses upon the request of a law enforcement officer to
18    submit to a test designated by the officer, no test shall
19    be given, but the law enforcement officer shall file with
20    the clerk of the circuit court for the county in which the
21    arrest was made, and with the Department of Natural
22    Resources, a sworn statement naming the person refusing to
23    take and complete the chemical test or tests requested
24    under the provisions of this Section. Such sworn statement
25    shall identify the arrested person, such person's current
26    residence address and shall specify that a refusal by such

 

 

HB0218 Engrossed- 163 -LRB099 04095 RLC 24114 b

1    person to take the chemical test or tests was made. Such
2    sworn statement shall include a statement that the
3    arresting officer had reasonable cause to believe the
4    person was operating or was in actual physical control of
5    the watercraft within this State while under the influence
6    of alcohol, other drug or drugs, intoxicating compound or
7    compounds, or combination thereof and that such chemical
8    test or tests were made as an incident to and following the
9    lawful arrest for an offense as defined in this Section or
10    a similar provision of a local ordinance, and that the
11    person after being arrested for an offense arising out of
12    acts alleged to have been committed while so operating a
13    watercraft refused to submit to and complete a chemical
14    test or tests as requested by the law enforcement officer.
15        3.1. The law enforcement officer submitting the sworn
16    statement as provided in paragraph 3 of this subsection (B)
17    shall serve immediate written notice upon the person
18    refusing the chemical test or tests that the person's
19    privilege to operate a watercraft within this State will be
20    suspended for a period of 2 years unless, within 28 days
21    from the date of the notice, the person requests in writing
22    a hearing on the suspension.
23        If the person desires a hearing, such person shall file
24    a complaint in the circuit court for and in the county in
25    which such person was arrested for such hearing. Such
26    hearing shall proceed in the court in the same manner as

 

 

HB0218 Engrossed- 164 -LRB099 04095 RLC 24114 b

1    other civil proceedings, shall cover only the issues of
2    whether the person was placed under arrest for an offense
3    as defined in this Section or a similar provision of a
4    local ordinance as evidenced by the issuance of a uniform
5    citation; whether the arresting officer had reasonable
6    grounds to believe that such person was operating a
7    watercraft while under the influence of alcohol, other drug
8    or drugs, intoxicating compound or compounds, or
9    combination thereof; and whether such person refused to
10    submit and complete the chemical test or tests upon the
11    request of the law enforcement officer. Whether the person
12    was informed that such person's privilege to operate a
13    watercraft would be suspended if such person refused to
14    submit to the chemical test or tests shall not be an issue.
15        If the person fails to request in writing a hearing
16    within 28 days from the date of notice, or if a hearing is
17    held and the court finds against the person on the issues
18    before the court, the clerk shall immediately notify the
19    Department of Natural Resources, and the Department shall
20    suspend the watercraft operation privileges of the person
21    for at least 2 years.
22        3.2. If the person is a CDL holder and submits to a
23    test that discloses an alcohol concentration of 0.08 or
24    more, or any amount of a drug, substance or intoxicating
25    compound in the person's breath, blood, other bodily
26    substance, or urine resulting from the unlawful use of

 

 

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1    cannabis listed in the Cannabis Control Act, a controlled
2    substance listed in the Illinois Controlled Substances
3    Act, methamphetamine as listed in the Methamphetamine
4    Control and Community Protection Act, or an intoxicating
5    compound listed in the Use of Intoxicating Compounds Act,
6    the law enforcement officer shall immediately submit a
7    sworn report to the circuit clerk of venue and the
8    Department of Natural Resources, certifying that the test
9    or tests were requested under paragraph 1 of this
10    subsection (B) and the person submitted to testing that
11    disclosed an alcohol concentration of 0.08 or more or any
12    amount of a drug, substance or intoxicating compound in the
13    person's breath, blood, other bodily substance, or urine
14    resulting from the unlawful use of cannabis listed in the
15    Cannabis Control Act, a controlled substance listed in the
16    Illinois Controlled Substances Act, methamphetamine as
17    listed in the Methamphetamine Control and Community
18    Protection Act, or an intoxicating compound listed in the
19    Use of Intoxicating Compounds Act. If the person is not a
20    CDL holder and submits to a test that discloses an alcohol
21    concentration of 0.08 or more, a tetrahydrocannabinol
22    concentration in the person's whole blood or other bodily
23    substance as defined in paragraph 6 of subsection (a) of
24    Section 11-501.2 of the Illinois Vehicle Code, or any
25    amount of a drug, substance or intoxicating compound in the
26    person's breath, blood, other bodily substance, or urine

 

 

HB0218 Engrossed- 166 -LRB099 04095 RLC 24114 b

1    resulting from the unlawful use of a controlled substance
2    listed in the Illinois Controlled Substances Act,
3    methamphetamine as listed in the Methamphetamine Control
4    and Community Protection Act, or an intoxicating compound
5    listed in the Use of Intoxicating Compounds Act, the law
6    enforcement officer shall immediately submit a sworn
7    report to the circuit clerk of venue and the Department of
8    Natural Resources, certifying that the test or tests were
9    requested under paragraph 1 of this subsection (B) and the
10    person submitted to testing that disclosed an alcohol
11    concentration of 0.08 or more, a tetrahydrocannabinol
12    concentration in the person's whole blood or other bodily
13    substance as defined in paragraph 6 of subsection (a) of
14    Section 11-501.2 of the Illinois Vehicle Code, or any
15    amount of a drug, substance or intoxicating compound in the
16    person's breath, blood, other bodily substance, or urine
17    resulting from the unlawful use of a controlled substance
18    listed in the Illinois Controlled Substances Act,
19    methamphetamine as listed in the Methamphetamine Control
20    and Community Protection Act, or an intoxicating compound
21    listed in the Use of Intoxicating Compounds Act.
22        In cases involving a person who is a CDL holder where
23    the blood alcohol concentration of 0.08 or greater or any
24    amount of drug, substance or compound resulting from the
25    unlawful use of cannabis, a controlled substance,
26    methamphetamine, or an intoxicating compound is

 

 

HB0218 Engrossed- 167 -LRB099 04095 RLC 24114 b

1    established by a subsequent analysis of blood, other bodily
2    substance, or urine collected at the time of arrest, the
3    arresting officer or arresting agency shall immediately
4    submit a sworn report to the circuit clerk of venue and the
5    Department of Natural Resources upon receipt of the test
6    results. In cases involving a person who is not a CDL
7    holder where the blood alcohol concentration of 0.08 or
8    greater, a tetrahydrocannabinol concentration in the
9    person's whole blood or other bodily substance as defined
10    in paragraph 6 of subsection (a) of Section 11-501.2 of the
11    Illinois Vehicle Code, or any amount of drug, substance, or
12    compound resulting from the unlawful use of a controlled
13    substance, methamphetamine, or an intoxicating compound is
14    established by a subsequent analysis of blood, other bodily
15    substance, or urine collected at the time of arrest, the
16    arresting officer or arresting agency shall immediately
17    submit a sworn report to the circuit clerk of venue and the
18    Department of Natural Resources upon receipt of the test
19    results.
20        4. A person must submit to each chemical test offered
21    by the law enforcement officer in order to comply with the
22    implied consent provisions of this Section.
23        5. The provisions of Section 11-501.2 of the Illinois
24    Vehicle Code, as amended, concerning the certification and
25    use of chemical tests apply to the use of such tests under
26    this Section.

 

 

HB0218 Engrossed- 168 -LRB099 04095 RLC 24114 b

1    (C) Upon the trial of any civil or criminal action or
2proceeding arising out of acts alleged to have been committed
3by any person while operating a watercraft while under the
4influence of alcohol, other drug or drugs, intoxicating
5compound or compounds, or combination thereof, the
6concentration of alcohol, drug, or compound in the person's
7blood, other bodily substance, or breath at the time alleged as
8shown by analysis of a person's blood, urine, breath, or other
9bodily substance shall give rise to the presumptions specified
10in subdivisions 1, 2, and 3 of subsection (b) and subsection
11(b-5) of Section 11-501.2 of the Illinois Vehicle Code. The
12foregoing provisions of this subsection (C) shall not be
13construed as limiting the introduction of any other relevant
14evidence bearing upon the question whether the person was under
15the influence of alcohol, other drug or drugs, intoxicating
16compound or compounds, or a combination thereof.
17    (D) If a person under arrest refuses to submit to a
18chemical test under the provisions of this Section, evidence of
19refusal shall be admissible in any civil or criminal action or
20proceeding arising out of acts alleged to have been committed
21while the person under the influence of alcohol, other drug or
22drugs, intoxicating compound or compounds, or combination of
23them was operating a watercraft.
24    (E) The owner of any watercraft or any person given
25supervisory authority over a watercraft, may not knowingly
26permit a watercraft to be operated by any person under the

 

 

HB0218 Engrossed- 169 -LRB099 04095 RLC 24114 b

1influence of alcohol, other drug or drugs, intoxicating
2compound or compounds, or combination thereof.
3    (F) Whenever any person is convicted or found guilty of a
4violation of this Section, including any person placed on court
5supervision, the court shall notify the Office of Law
6Enforcement of the Department of Natural Resources, to provide
7the Department with the records essential for the performance
8of the Department's duties to monitor and enforce any order of
9suspension or revocation concerning the privilege to operate a
10watercraft.
11    (G) No person who has been arrested and charged for
12violating paragraph 1 of subsection (A) of this Section shall
13operate any watercraft within this State for a period of 24
14hours after such arrest.
15(Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)
 
16    (625 ILCS 45/5-16a)  (from Ch. 95 1/2, par. 315-11a)
17    Sec. 5-16a. Admissibility of chemical tests of blood, other
18bodily substance, or urine conducted in the regular course of
19providing emergency medical treatment.
20    (a) Notwithstanding any other provision of law, the written
21results of blood, other bodily substance, or urine alcohol and
22drug tests conducted upon persons receiving medical treatment
23in a hospital emergency room are admissible in evidence as a
24business record exception to the hearsay rule only in
25prosecutions for any violation of Section 5-16 of this Act or a

 

 

HB0218 Engrossed- 170 -LRB099 04095 RLC 24114 b

1similar provision of a local ordinance or in prosecutions for
2reckless homicide brought under the Criminal Code of 1961 or
3the Criminal Code of 2012, when:
4        (1) the chemical tests performed upon an individual's
5    blood, other bodily substance, or urine were ordered in the
6    regular course of providing emergency treatment and not at
7    the request of law enforcement authorities; and
8        (2) the chemical tests performed upon an individual's
9    blood, other bodily substance, or urine were performed by
10    the laboratory routinely used by the hospital.
11    Results of chemical tests performed upon an individual's
12blood, other bodily substance, or urine are admissible into
13evidence regardless of the time that the records were prepared.
14    (b) The confidentiality provisions of law pertaining to
15medical records and medical treatment shall not be applicable
16with regard to chemical tests performed upon an individual's
17blood, other bodily substance, or urine under the provisions of
18this Section in prosecutions as specified in subsection (a) of
19this Section. No person shall be liable for civil damages as a
20result of the evidentiary use of the results of chemical
21testing of an individual's blood, other bodily substance, or
22urine under this Section or as a result of that person's
23testimony made available under this Section.
24(Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)
 
25    (625 ILCS 45/5-16a.1)

 

 

HB0218 Engrossed- 171 -LRB099 04095 RLC 24114 b

1    Sec. 5-16a.1. Reporting of test results of blood, other
2bodily substance, or urine conducted in the regular course of
3providing emergency medical treatment.
4    (a) Notwithstanding any other provision of law, the results
5of blood, other bodily substance, or urine tests performed for
6the purpose of determining the content of alcohol, other drug
7or drugs, intoxicating compound or compounds, or any
8combination of them in an individual's blood, other bodily
9substance, or urine, conducted upon persons receiving medical
10treatment in a hospital emergency room for injuries resulting
11from a boating accident, shall be disclosed to the Department
12of Natural Resources or local law enforcement agencies of
13jurisdiction, upon request. The blood, other bodily substance,
14or urine tests are admissible in evidence as a business record
15exception to the hearsay rule only in prosecutions for
16violations of Section 5-16 of this Code or a similar provision
17of a local ordinance, or in prosecutions for reckless homicide
18brought under the Criminal Code of 1961 or the Criminal Code of
192012.
20    (b) The confidentiality provisions of the law pertaining to
21medical records and medical treatment shall not be applicable
22with regard to tests performed upon an individual's blood,
23other bodily substance, or urine under the provisions of
24subsection (a) of this Section. No person is liable for civil
25damages or professional discipline as a result of disclosure or
26reporting of the tests or the evidentiary use of an

 

 

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1individual's blood, other bodily substance, or urine test
2results under this Section or Section 5-16a, or as a result of
3that person's testimony made available under this Section or
4Section 5-16a, except for willful or wanton misconduct.
5(Source: P.A. 97-1150, eff. 1-25-13.)
 
6    (625 ILCS 45/5-16c)
7    Sec. 5-16c. Operator involvement in personal injury or
8fatal boating accident; chemical tests.
9    (a) Any person who operates or is in actual physical
10control of a motorboat within this State and who has been
11involved in a personal injury or fatal boating accident shall
12be deemed to have given consent to a breath test using a
13portable device as approved by the Department of State Police
14or to a chemical test or tests of blood, breath, other bodily
15substance, or urine for the purpose of determining the content
16of alcohol, other drug or drugs, or intoxicating compound or
17compounds of the person's blood if arrested as evidenced by the
18issuance of a uniform citation for a violation of the Boat
19Registration and Safety Act or a similar provision of a local
20ordinance, with the exception of equipment violations
21contained in Article IV of this Act or similar provisions of
22local ordinances. The test or tests shall be administered at
23the direction of the arresting officer. The law enforcement
24agency employing the officer shall designate which of the
25aforesaid tests shall be administered. Up to 2 additional tests

 

 

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1of A urine or other bodily substance test may be administered
2even after a blood or breath test or both has been
3administered. Compliance with this Section does not relieve the
4person from the requirements of any other Section of this Act.
5    (b) Any person who is dead, unconscious, or who is
6otherwise in a condition rendering that person incapable of
7refusal shall be deemed not to have withdrawn the consent
8provided by subsection (a) of this Section. In addition, if an
9operator of a motorboat is receiving medical treatment as a
10result of a boating accident, any physician licensed to
11practice medicine, licensed physician assistant, licensed
12advanced practice nurse, registered nurse, or a phlebotomist
13acting under the direction of a licensed physician shall
14withdraw blood for testing purposes to ascertain the presence
15of alcohol, other drug or drugs, or intoxicating compound or
16compounds, upon the specific request of a law enforcement
17officer. However, this testing shall not be performed until, in
18the opinion of the medical personnel on scene, the withdrawal
19can be made without interfering with or endangering the
20well-being of the patient.
21    (c) A person who is a CDL holder requested to submit to a
22test under subsection (a) of this Section shall be warned by
23the law enforcement officer requesting the test that a refusal
24to submit to the test, or submission to the test resulting in
25an alcohol concentration of 0.08 or more, or any amount of a
26drug, substance, or intoxicating compound resulting from the

 

 

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1unlawful use or consumption of cannabis listed in the Cannabis
2Control Act, a controlled substance listed in the Illinois
3Controlled Substances Act, an intoxicating compound listed in
4the Use of Intoxicating Compounds Act, or methamphetamine as
5listed in the Methamphetamine Control and Community Protection
6Act as detected in the person's blood, other bodily substance,
7or urine, may result in the suspension of the person's
8privilege to operate a motor vehicle and may result in the
9disqualification of the person's privilege to operate a
10commercial motor vehicle, as provided in Section 6-514 of the
11Illinois Vehicle Code. A person who is not a CDL holder
12requested to submit to a test under subsection (a) of this
13Section shall be warned by the law enforcement officer
14requesting the test that a refusal to submit to the test, or
15submission to the test resulting in an alcohol concentration of
160.08 or more, a tetrahydrocannabinol concentration in the
17person's whole blood or other bodily substance as defined in
18paragraph 6 of subsection (a) of Section 11-501.2 of the
19Illinois Vehicle Code, or any amount of a drug, substance, or
20intoxicating compound resulting from the unlawful use or
21consumption of a controlled substance listed in the Illinois
22Controlled Substances Act, an intoxicating compound listed in
23the Use of Intoxicating Compounds Act, or methamphetamine as
24listed in the Methamphetamine Control and Community Protection
25Act as detected in the person's blood, other bodily substance,
26or urine, may result in the suspension of the person's

 

 

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1privilege to operate a motor vehicle , if the person is a CDL
2holder. The length of the suspension shall be the same as
3outlined in Section 6-208.1 of the Illinois Vehicle Code
4regarding statutory summary suspensions.
5    (d) If the person is a CDL holder and refuses testing or
6submits to a test which discloses an alcohol concentration of
70.08 or more, or any amount of a drug, substance, or
8intoxicating compound in the person's blood, other bodily
9substance, or urine resulting from the unlawful use or
10consumption of cannabis listed in the Cannabis Control Act, a
11controlled substance listed in the Illinois Controlled
12Substances Act, an intoxicating compound listed in the Use of
13Intoxicating Compounds Act, or methamphetamine as listed in the
14Methamphetamine Control and Community Protection Act, the law
15enforcement officer shall immediately submit a sworn report to
16the Secretary of State on a form prescribed by the Secretary of
17State, certifying that the test or tests were requested under
18subsection (a) of this Section and the person refused to submit
19to a test or tests or submitted to testing which disclosed an
20alcohol concentration of 0.08 or more, or any amount of a drug,
21substance, or intoxicating compound in the person's blood,
22other bodily substance, or urine, resulting from the unlawful
23use or consumption of cannabis listed in the Cannabis Control
24Act, a controlled substance listed in the Illinois Controlled
25Substances Act, an intoxicating compound listed in the Use of
26Intoxicating Compounds Act, or methamphetamine as listed in the

 

 

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1Methamphetamine Control and Community Protection Act. If the
2person is not a CDL holder and refuses testing or submits to a
3test which discloses an alcohol concentration of 0.08 or more,
4a tetrahydrocannabinol concentration in the person's whole
5blood or other bodily substance as defined in paragraph 6 of
6subsection (a) of Section 11-501.2 of the Illinois Vehicle
7Code, or any amount of a drug, substance, or intoxicating
8compound in the person's blood, other bodily substance, or
9urine resulting from the unlawful use or consumption of a
10controlled substance listed in the Illinois Controlled
11Substances Act, an intoxicating compound listed in the Use of
12Intoxicating Compounds Act, or methamphetamine as listed in the
13Methamphetamine Control and Community Protection Act, the law
14enforcement officer shall immediately submit a sworn report to
15the Secretary of State on a form prescribed by the Secretary of
16State, certifying that the test or tests were requested under
17subsection (a) of this Section and the person refused to submit
18to a test or tests or submitted to testing which disclosed an
19alcohol concentration of 0.08 or more, a tetrahydrocannabinol
20concentration in the person's whole blood or other bodily
21substance as defined in paragraph 6 of subsection (a) of
22Section 11-501.2 of the Illinois Vehicle Code, or any amount of
23a drug, substance, or intoxicating compound in the person's
24blood or urine, resulting from the unlawful use or consumption
25of a controlled substance listed in the Illinois Controlled
26Substances Act, an intoxicating compound listed in the Use of

 

 

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1Intoxicating Compounds Act, or methamphetamine as listed in the
2Methamphetamine Control and Community Protection Act.
3    Upon receipt of the sworn report of a law enforcement
4officer, the Secretary of State shall enter the suspension and
5disqualification to the person's driving record and the
6suspension and disqualification shall be effective on the 46th
7day following the date notice of the suspension was given to
8the person.
9    The law enforcement officer submitting the sworn report
10shall serve immediate notice of this suspension on the person
11and this suspension and disqualification shall be effective on
12the 46th day following the date notice was given.
13    In cases involving a person who is a CDL holder where the
14blood alcohol concentration of 0.08 or more, or any amount of a
15drug, substance, or intoxicating compound resulting from the
16unlawful use or consumption of cannabis listed in the Cannabis
17Control Act, a controlled substance listed in the Illinois
18Controlled Substances Act, an intoxicating compound listed in
19the Use of Intoxicating Compounds Act, or methamphetamine as
20listed in the Methamphetamine Control and Community Protection
21Act, is established by a subsequent analysis of blood, other
22bodily substance, or urine collected at the time of arrest, the
23arresting officer shall give notice as provided in this Section
24or by deposit in the United States mail of this notice in an
25envelope with postage prepaid and addressed to the person at
26his or her address as shown on the uniform citation and the

 

 

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1suspension and disqualification shall be effective on the 46th
2day following the date notice was given. In cases involving a
3person who is not a CDL holder where the blood alcohol
4concentration of 0.08 or more, a tetrahydrocannabinol
5concentration in the person's whole blood or other bodily
6substance as defined in paragraph 6 of subsection (a) of
7Section 11-501.2 of the Illinois Vehicle Code, or any amount of
8a drug, substance, or intoxicating compound resulting from the
9unlawful use or consumption of a controlled substance listed in
10the Illinois Controlled Substances Act, an intoxicating
11compound listed in the Use of Intoxicating Compounds Act, or
12methamphetamine as listed in the Methamphetamine Control and
13Community Protection Act, is established by a subsequent
14analysis of blood, other bodily substance, or urine collected
15at the time of arrest, the arresting officer shall give notice
16as provided in this Section or by deposit in the United States
17mail of this notice in an envelope with postage prepaid and
18addressed to the person at his or her address as shown on the
19uniform citation and the suspension shall be effective on the
2046th day following the date notice was given.
21    Upon receipt of the sworn report of a law enforcement
22officer, the Secretary of State shall also give notice of the
23suspension and disqualification to the person by mailing a
24notice of the effective date of the suspension and
25disqualification to the person. However, should the sworn
26report be defective by not containing sufficient information or

 

 

HB0218 Engrossed- 179 -LRB099 04095 RLC 24114 b

1be completed in error, the notice of the suspension and
2disqualification shall not be mailed to the person or entered
3to the driving record, but rather the sworn report shall be
4returned to the issuing law enforcement agency.
5    (e) A person may contest this suspension of his or her
6driving privileges and disqualification of his or her CDL
7privileges by requesting an administrative hearing with the
8Secretary of State in accordance with Section 2-118 of the
9Illinois Vehicle Code. At the conclusion of a hearing held
10under Section 2-118 of the Illinois Vehicle Code, the Secretary
11of State may rescind, continue, or modify the orders of
12suspension and disqualification. If the Secretary of State does
13not rescind the orders of suspension and disqualification, a
14restricted driving permit may be granted by the Secretary of
15State upon application being made and good cause shown. A
16restricted driving permit may be granted to relieve undue
17hardship to allow driving for employment, educational, and
18medical purposes as outlined in Section 6-206 of the Illinois
19Vehicle Code. The provisions of Section 6-206 of the Illinois
20Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the
21Secretary of State may not issue a restricted driving permit
22for the operation of a commercial motor vehicle to a person
23holding a CDL whose driving privileges have been suspended,
24revoked, cancelled, or disqualified.
25    (f) For the purposes of this Section, a personal injury
26shall include any type A injury as indicated on the accident

 

 

HB0218 Engrossed- 180 -LRB099 04095 RLC 24114 b

1report completed by a law enforcement officer that requires
2immediate professional attention in a doctor's office or a
3medical facility. A type A injury shall include severely
4bleeding wounds, distorted extremities, and injuries that
5require the injured party to be carried from the scene.
6(Source: P.A. 98-103, eff. 1-1-14.)
 
7    Section 35. The Juvenile Court Act of 1987 is amended by
8changing Section 5-125 as follows:
 
9    (705 ILCS 405/5-125)
10    Sec. 5-125. Concurrent jurisdiction. Any minor alleged to
11have violated a traffic, boating, or fish and game law, or a
12municipal or county ordinance, may be prosecuted for the
13violation and if found guilty punished under any statute or
14ordinance relating to the violation, without reference to the
15procedures set out in this Article, except that:
16    (1) any detention, must be in compliance with this Article;
17and
18    (2) the confidentiality of records provisions in Part 9 of
19this Article shall apply to any law enforcement and court
20records relating to prosecution of a minor under 18 years of
21age for a municipal or county ordinance violation or a
22violation of subsection (a) of Section 4 of the Cannabis
23Control Act or subsection (c) of Section 3.5 of the Drug
24Paraphernalia Control Act; except that these confidentiality

 

 

HB0218 Engrossed- 181 -LRB099 04095 RLC 24114 b

1provisions shall not apply to or affect any proceeding to
2adjudicate the violation.
3    For the purpose of this Section, "traffic violation" shall
4include a violation of Section 9-3 of the Criminal Code of 1961
5or the Criminal Code of 2012 relating to the offense of
6reckless homicide, Section 11-501 of the Illinois Vehicle Code,
7or any similar county or municipal ordinance.
8(Source: P.A. 97-1150, eff. 1-25-13.)
 
9    Section 40. The Cannabis Control Act is amended by changing
10Section 4 and by adding Sections 5.3 and 17.5 as follows:
 
11    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)
12    Sec. 4. It is unlawful for any person knowingly to possess
13cannabis. Any person who violates this section with respect to:
14        (a) not more than 15 2.5 grams of any substance
15    containing cannabis is guilty of a civil law violation
16    punishable by a minimum fine of $55 and a maximum fine of
17    $125. The proceeds of the fine shall be payable to the
18    clerk of the circuit court who shall deposit the moneys
19    from the fine into a special fund in the county treasury.
20    Within 30 days after the deposit of the fine into the
21    special fund, the county treasurer shall distribute the
22    proceeds of the fine as follows:
23            (1) $10 of the fine to the circuit clerk and $10 of
24        the fine to the law enforcement agency that issued the

 

 

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1        citation; the proceeds of each $10 fine distributed to
2        the circuit clerk and each $10 fine distributed to the
3        law enforcement agency that issued the citation for the
4        violation shall be used to defer the cost of automatic
5        expungements under paragraph (2.5) of subsection (a)
6        of Section 5.2 of the Criminal Identification Act;
7            (2) $15 to the county to fund drug addiction
8        services;
9            (3) $10 to the Office of the State's Attorneys
10        Appellate Prosecutor for use in training programs;
11            (4) $10 to the State's Attorney; and
12            (5) any remainder of the fine to the law
13        enforcement agency that issued the citation for the
14        violation.
15        With respect to funds designated for the Department of
16    State Police, the moneys shall be remitted by the circuit
17    court clerk to the Department of State Police within one
18    month after receipt for deposit into the State Police
19    Operations Assistance Fund. With respect to funds
20    designated for the Department of Natural Resources, the
21    Department of Natural Resources shall deposit the moneys
22    into the Conservation Police Operations Assistance Fund
23    Class C misdemeanor;
24        (b) more than 15 2.5 grams but not more than 30 10
25    grams of any substance containing cannabis is guilty of a
26    Class B misdemeanor;

 

 

HB0218 Engrossed- 183 -LRB099 04095 RLC 24114 b

1        (c) more than 30 10 grams but not more than 100 30
2    grams of any substance containing cannabis is guilty of a
3    Class A misdemeanor; provided, that if any offense under
4    this subsection (c) is a subsequent offense, the offender
5    shall be guilty of a Class 4 felony;
6        (d) more than 100 30 grams but not more than 500 grams
7    of any substance containing cannabis is guilty of a Class 4
8    felony; provided that if any offense under this subsection
9    (d) is a subsequent offense, the offender shall be guilty
10    of a Class 3 felony;
11        (e) more than 500 grams but not more than 2,000 grams
12    of any substance containing cannabis is guilty of a Class 3
13    felony;
14        (f) more than 2,000 grams but not more than 5,000 grams
15    of any substance containing cannabis is guilty of a Class 2
16    felony;
17        (g) more than 5,000 grams of any substance containing
18    cannabis is guilty of a Class 1 felony.
19(Source: P.A. 90-397, eff. 8-15-97.)
 
20    (720 ILCS 550/5.3 new)
21    Sec. 5.3. Unlawful use of cannabis-based product
22manufacturing equipment.
23    (a) A person commits unlawful use of cannabis-based product
24manufacturing equipment when he or she knowingly engages in the
25possession, procurement, transportation, storage, or delivery

 

 

HB0218 Engrossed- 184 -LRB099 04095 RLC 24114 b

1of any equipment used in the manufacturing of any
2cannabis-based product using volatile or explosive gas,
3including, but not limited to, canisters of butane gas, with
4the intent to manufacture, compound, covert, produce, derive,
5process, or prepare either directly or indirectly any
6cannabis-based product.
7    (b) This Section does not apply to a cultivation center or
8cultivation center agent that prepares medical cannabis or
9cannabis-infused products in compliance with the Compassionate
10Use of Medical Cannabis Pilot Program Act and Department of
11Public Health and Department of Agriculture rules.
12    (c) Sentence. A person who violates this Section is guilty
13of a Class 2 felony.
 
14    (720 ILCS 550/17.5 new)
15    Sec. 17.5. Local ordinances.
16    The provisions of any ordinance enacted by any municipality
17or unit of local government which imposes a fine upon cannabis
18other than as defined in this Act are not invalidated or
19affected by this Act.
 
20    Section 45. The Drug Paraphernalia Control Act is amended
21by changing Section 3.5 as follows:
 
22    (720 ILCS 600/3.5)
23    Sec. 3.5. Possession of drug paraphernalia.

 

 

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1    (a) A person who knowingly possesses an item of drug
2paraphernalia with the intent to use it in ingesting, inhaling,
3or otherwise introducing cannabis or a controlled substance
4into the human body, or in preparing cannabis or a controlled
5substance for that use, is guilty of a Class A misdemeanor for
6which the court shall impose a minimum fine of $750 in addition
7to any other penalty prescribed for a Class A misdemeanor. This
8subsection (a) does not apply to a person who is legally
9authorized to possess hypodermic syringes or needles under the
10Hypodermic Syringes and Needles Act.
11    (b) In determining intent under subsection (a), the trier
12of fact may take into consideration the proximity of the
13cannabis or controlled substances to drug paraphernalia or the
14presence of cannabis or a controlled substance on the drug
15paraphernalia.
16    (c) If a person violates subsection (a) of Section 4 of the
17Cannabis Control Act, the penalty for possession of any drug
18paraphernalia seized during the violation for that offense
19shall be a civil law violation punishable by a minimum fine of
20$55 and a maximum fine of $125. The proceeds of the fine shall
21be payable to the clerk of the circuit court who shall deposit
22the moneys from the fine into a special fund in the county
23treasury. Within 30 days after the deposit of the fine into the
24special fund, the county treasurer shall distribute the
25proceeds of the fine as follows:
26        (1) $10 of the fine to the circuit clerk and $10 of the

 

 

HB0218 Engrossed- 186 -LRB099 04095 RLC 24114 b

1    fine to the law enforcement agency that issued the
2    citation; the proceeds of each $10 fine distributed to the
3    circuit clerk and each $10 fine distributed to the law
4    enforcement agency that issued the citation for the
5    violation shall be used to defer the cost of automatic
6    expungements under paragraph (2.5) of subsection (a) of
7    Section 5.2 of the Criminal Identification Act;
8        (2) $15 to the county to fund drug addiction services;
9        (3) $10 to the Office of the State's Attorneys
10    Appellate Prosecutor for use in training programs;
11        (4) $10 to the State's Attorney; and
12        (5) any remainder of the fine to the law enforcement
13    agency that issued the citation for the violation.
14    With respect to funds designated for the Department of
15State Police, the moneys shall be remitted by the circuit court
16clerk to the Department of State Police within one month after
17receipt for deposit into the State Police Operations Assistance
18Fund. With respect to funds designated for the Department of
19Natural Resources, the Department of Natural Resources shall
20deposit the moneys into the Conservation Police Operations
21Assistance Fund.
22(Source: P.A. 93-392, eff. 7-25-03.)
 
23    Section 50. The Code of Criminal Procedure of 1963 is
24amended by changing Section 115-15 and by adding Section 115-23
25as follows:
 

 

 

HB0218 Engrossed- 187 -LRB099 04095 RLC 24114 b

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

 

 

HB0218 Engrossed- 188 -LRB099 04095 RLC 24114 b

1    (a-5) In any criminal prosecution for reckless homicide
2under Section 9-3 of the Criminal Code of 1961 or the Criminal
3Code of 2012, or driving under the influence of alcohol, other
4drug, or combination of both, in violation of Section 11-501 of
5the Illinois Vehicle Code or in any civil action held under a
6statutory summary suspension or revocation hearing under
7Section 2-118.1 of the Illinois Vehicle Code, a laboratory
8report from the Department of State Police, Division of
9Forensic Services, that is signed and sworn to by the person
10performing an analysis, and that states that the sample of
11blood, other bodily substance, or urine was tested for alcohol
12or drugs, and contains the person's findings as to the presence
13and amount of alcohol or drugs and type of drug is prima facie
14evidence of the presence, content, and amount of the alcohol or
15drugs analyzed in the blood, other bodily substance, or urine.
16Attached to the report must be a copy of a notarized statement
17by the signer of the report giving the name of the signer and
18stating (1) that he or she is an employee of the Department of
19State Police, Division of Forensic Services, (2) the name and
20location of the laboratory where the analysis was performed,
21(3) that performing the analysis is a part of his or her
22regular duties, (4) that the signer is qualified by education,
23training, and experience to perform the analysis, and (5) that
24scientifically accepted tests were performed with due caution
25and that the evidence was handled in accordance with
26established and accepted procedures while in the custody of the

 

 

HB0218 Engrossed- 189 -LRB099 04095 RLC 24114 b

1laboratory.
2    (b) The State's Attorney shall serve a copy of the report
3on the attorney of record for the accused, or on the accused if
4he or she has no attorney, before any proceeding in which the
5report is to be used against the accused other than at a
6preliminary hearing or grand jury hearing when the report may
7be used without having been previously served upon the accused.
8    (c) The report shall not be prima facie evidence if the
9accused or his or her attorney demands the testimony of the
10person signing the report by serving the demand upon the
11State's Attorney within 7 days from the accused or his or her
12attorney's receipt of the report.
13(Source: P.A. 96-1344, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
14    (725 ILCS 5/115-23 new)
15    Sec. 115-23. Admissibility of cannabis. In a prosecution
16for a violation of subsection (a) of Section 4 of the Cannabis
17Control Act or a municipal ordinance for possession of cannabis
18that is punished by only a fine, cannabis shall only be
19admitted into evidence based upon:
20        (1) a properly administered field test; or
21        (2) opinion testimony of a peace officer based on the
22    officer's training and experience as qualified by the
23    court.
 
24    Section 55. The Unified Code of Corrections is amended by

 

 

HB0218 Engrossed- 190 -LRB099 04095 RLC 24114 b

1changing Section 5-9-1.9 as follows:
 
2    (730 ILCS 5/5-9-1.9)
3    Sec. 5-9-1.9. DUI analysis fee.
4    (a) "Crime laboratory" means a not-for-profit laboratory
5substantially funded by a single unit or combination of units
6of local government or the State of Illinois that regularly
7employs at least one person engaged in the DUI analysis of
8blood, other bodily substance, and urine for criminal justice
9agencies in criminal matters and provides testimony with
10respect to such examinations.
11    "DUI analysis" means an analysis of blood, other bodily
12substance, or urine for purposes of determining whether a
13violation of Section 11-501 of the Illinois Vehicle Code has
14occurred.
15    (b) When a person has been adjudged guilty of an offense in
16violation of Section 11-501 of the Illinois Vehicle Code, in
17addition to any other disposition, penalty, or fine imposed, a
18crime laboratory DUI analysis fee of $150 for each offense for
19which the person was convicted shall be levied by the court for
20each case in which a laboratory analysis occurred. Upon
21verified petition of the person, the court may suspend payment
22of all or part of the fee if it finds that the person does not
23have the ability to pay the fee.
24    (c) In addition to any other disposition made under the
25provisions of the Juvenile Court Act of 1987, any minor

 

 

HB0218 Engrossed- 191 -LRB099 04095 RLC 24114 b

1adjudicated delinquent for an offense which if committed by an
2adult would constitute a violation of Section 11-501 of the
3Illinois Vehicle Code shall be assessed a crime laboratory DUI
4analysis fee of $150 for each adjudication. Upon verified
5petition of the minor, the court may suspend payment of all or
6part of the fee if it finds that the minor does not have the
7ability to pay the fee. The parent, guardian, or legal
8custodian of the minor may pay some or all of the fee on the
9minor's behalf.
10    (d) All crime laboratory DUI analysis fees provided for by
11this Section shall be collected by the clerk of the court and
12forwarded to the appropriate crime laboratory DUI fund as
13provided in subsection (f).
14    (e) Crime laboratory funds shall be established as follows:
15        (1) A unit of local government that maintains a crime
16    laboratory may establish a crime laboratory DUI fund within
17    the office of the county or municipal treasurer.
18        (2) Any combination of units of local government that
19    maintains a crime laboratory may establish a crime
20    laboratory DUI fund within the office of the treasurer of
21    the county where the crime laboratory is situated.
22        (3) The State Police DUI Fund is created as a special
23    fund in the State Treasury.
24    (f) The analysis fee provided for in subsections (b) and
25(c) of this Section shall be forwarded to the office of the
26treasurer of the unit of local government that performed the

 

 

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1analysis if that unit of local government has established a
2crime laboratory DUI fund, or to the State Treasurer for
3deposit into the State Police DUI Fund if the analysis was
4performed by a laboratory operated by the Department of State
5Police. If the analysis was performed by a crime laboratory
6funded by a combination of units of local government, the
7analysis fee shall be forwarded to the treasurer of the county
8where the crime laboratory is situated if a crime laboratory
9DUI fund has been established in that county. If the unit of
10local government or combination of units of local government
11has not established a crime laboratory DUI fund, then the
12analysis fee shall be forwarded to the State Treasurer for
13deposit into the State Police DUI Fund. The clerk of the
14circuit court may retain the amount of $10 from each collected
15analysis fee to offset administrative costs incurred in
16carrying out the clerk's responsibilities under this Section.
17    (g) Fees deposited into a crime laboratory DUI fund created
18under paragraphs (1) and (2) of subsection (e) of this Section
19shall be in addition to any allocations made pursuant to
20existing law and shall be designated for the exclusive use of
21the crime laboratory. These uses may include, but are not
22limited to, the following:
23        (1) Costs incurred in providing analysis for DUI
24    investigations conducted within this State.
25        (2) Purchase and maintenance of equipment for use in
26    performing analyses.

 

 

HB0218 Engrossed- 193 -LRB099 04095 RLC 24114 b

1        (3) Continuing education, training, and professional
2    development of forensic scientists regularly employed by
3    these laboratories.
4    (h) Fees deposited in the State Police DUI Fund created
5under paragraph (3) of subsection (e) of this Section shall be
6used by State crime laboratories as designated by the Director
7of State Police. These funds shall be in addition to any
8allocations made according to existing law and shall be
9designated for the exclusive use of State crime laboratories.
10These uses may include those enumerated in subsection (g) of
11this Section.
12(Source: P.A. 91-822, eff. 6-13-00.)
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.