(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.
(a) A person shall not drive or be in actual physical control of any vehicle within this State while: (1) the alcohol concentration in the person's blood, |
| other bodily substance, or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2;
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(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound
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| or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
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(4) under the influence of any other drug or
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| combination of drugs to a degree that renders the person incapable of safely driving;
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(5) under the combined influence of alcohol, other
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| drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving;
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(6) there is any amount of a drug, substance, or
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| compound in the person's breath, blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act; or
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(7) the person has, within 2 hours of driving or
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| being in actual physical control of a vehicle, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code. Subject to all other requirements and provisions under this Section, this paragraph (7) does not apply to the lawful consumption of cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Program Act who is in possession of a valid registry card issued under that Act, unless that person is impaired by the use of cannabis.
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(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, cannabis under the Compassionate Use of Medical Cannabis Program Act, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.
(c) Penalties.
(1) Except as otherwise provided in this Section, any
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| person convicted of violating subsection (a) of this Section is guilty of a Class A misdemeanor.
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(2) A person who violates subsection (a) or a similar
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| provision a second time shall be sentenced to a mandatory minimum term of either 5 days of imprisonment or 240 hours of community service in addition to any other criminal or administrative sanction.
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(3) A person who violates subsection (a) is subject
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| to 6 months of imprisonment, an additional mandatory minimum fine of $1,000, and 25 days of community service in a program benefiting children if the person was transporting a person under the age of 16 at the time of the violation.
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(4) A person who violates subsection (a) a first
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| time, if the alcohol concentration in his or her blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 100 hours of community service and a mandatory minimum fine of $500.
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(5) A person who violates subsection (a) a second
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| time, if at the time of the second violation the alcohol concentration in his or her blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 2 days of imprisonment and a mandatory minimum fine of $1,250.
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(d) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof.
(1) Every person convicted of committing a violation
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| of this Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:
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(A) the person committed a violation of
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| subsection (a) or a similar provision for the third or subsequent time;
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(B) the person committed a violation of
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| subsection (a) while driving a school bus with one or more passengers on board;
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(C) the person in committing a violation of
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| subsection (a) was involved in a motor vehicle crash that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries;
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(D) the person committed a violation of
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| subsection (a) and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);
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(E) the person, in committing a violation of
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| subsection (a) while driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under subsection (a) of Section 11-605 of this Code, was involved in a motor vehicle crash that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person, when the violation of subsection (a) was a proximate cause of the bodily harm;
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(F) the person, in committing a violation of
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| subsection (a), was involved in a motor vehicle crash or snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the violation of subsection (a) was a proximate cause of the death;
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(G) the person committed a violation of
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| subsection (a) during a period in which the defendant's driving privileges are revoked or suspended, where the revocation or suspension was for a violation of subsection (a) or a similar provision, Section 11-501.1, paragraph (b) of Section 11-401, or for reckless homicide as defined in Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012;
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(H) the person committed the violation while he
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| or she did not possess a driver's license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit;
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(I) the person committed the violation while he
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| or she knew or should have known that the vehicle he or she was driving was not covered by a liability insurance policy;
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(J) the person in committing a violation of
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| subsection (a) was involved in a motor vehicle crash that resulted in bodily harm, but not great bodily harm, to the child under the age of 16 being transported by the person, if the violation was the proximate cause of the injury;
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(K) the person in committing a second violation
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| of subsection (a) or a similar provision was transporting a person under the age of 16; or
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(L) the person committed a violation of
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| subsection (a) of this Section while transporting one or more passengers in a vehicle for-hire.
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(2)(A) Except as provided otherwise, a person
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| convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class 4 felony.
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(B) A third violation of this Section or a similar
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| provision is a Class 2 felony. If at the time of the third violation the alcohol concentration in his or her blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum of 90 days of imprisonment and a mandatory minimum fine of $2,500 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the third violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
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(C) A fourth violation of this Section or a similar
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| provision is a Class 2 felony, for which a sentence of probation or conditional discharge may not be imposed. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fourth violation, the defendant was transporting a person under the age of 16 a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
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(D) A fifth violation of this Section or a similar
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| provision is a Class 1 felony, for which a sentence of probation or conditional discharge may not be imposed. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fifth violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
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(E) A sixth or subsequent violation of this Section
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| or similar provision is a Class X felony. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
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(F) For a violation of subparagraph (C) of paragraph
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| (1) of this subsection (d), the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.
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(G) A violation of subparagraph (F) of paragraph (1)
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| of this subsection (d) is a Class 2 felony, for which the defendant, unless the court determines that extraordinary circumstances exist and require probation, shall be sentenced to: (i) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted in the death of one person; or (ii) a term of imprisonment of not less than 6 years and not more than 28 years if the violation resulted in the deaths of 2 or more persons.
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(H) For a violation of subparagraph (J) of paragraph
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| (1) of this subsection (d), a mandatory fine of $2,500, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
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(I) A violation of subparagraph (K) of paragraph (1)
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| of this subsection (d), is a Class 2 felony and a mandatory fine of $2,500, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction. If the child being transported suffered bodily harm, but not great bodily harm, in a motor vehicle crash, and the violation was the proximate cause of that injury, a mandatory fine of $5,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.
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(J) A violation of subparagraph (D) of paragraph (1)
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| of this subsection (d) is a Class 3 felony, for which a sentence of probation or conditional discharge may not be imposed.
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(3) Any person sentenced under this subsection (d)
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| who receives a term of probation or conditional discharge must serve a minimum term of either 480 hours of community service or 10 days of imprisonment as a condition of the probation or conditional discharge in addition to any other criminal or administrative sanction.
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(e) Any reference to a prior violation of subsection (a) or a similar provision includes any violation of a provision of a local ordinance or a provision of a law of another state or an offense committed on a military installation that is similar to a violation of subsection (a) of this Section.
(f) The imposition of a mandatory term of imprisonment or assignment of community service for a violation of this Section shall not be suspended or reduced by the court.
(g) Any penalty imposed for driving with a license that has been revoked for a previous violation of subsection (a) of this Section shall be in addition to the penalty imposed for any subsequent violation of subsection (a).
(h) For any prosecution under this Section, a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction.
(Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23 .)
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(625 ILCS 5/11-501.1)
Sec. 11-501.1. Suspension of drivers license; statutory summary
alcohol, other drug or drugs, or intoxicating compound or
compounds related suspension or revocation; implied consent. (a) Any person who drives or is in actual physical control of a motor
vehicle upon the public highways of this State shall be deemed to have given
consent, subject to the provisions of Section 11-501.2, to a chemical test or
tests of blood, breath, other bodily substance, or urine for the purpose of determining the content of
alcohol, other drug or drugs, or intoxicating compound or compounds or
any combination thereof in the person's blood if arrested,
as evidenced by the issuance of a Uniform Traffic Ticket, for any offense
as defined in Section 11-501 or a similar provision of a local ordinance, or if arrested for violating Section 11-401.
If a law enforcement officer has probable cause to believe the person was under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, the law enforcement officer shall request a chemical test or tests which shall be administered at the direction of the arresting
officer. The law enforcement agency employing the officer shall designate which
of the aforesaid tests shall be administered. Up to 2 additional tests of urine or other bodily substance may be administered
even after a blood or breath test or both has
been administered. For purposes of this Section, an Illinois law
enforcement officer of this State who is investigating the person for any
offense defined in Section 11-501 may travel into an adjoining state, where
the person has been transported for medical care, to complete an
investigation and to request that the person submit to the test or tests
set forth in this Section. The requirements of this Section that the
person be arrested are inapplicable, but the officer shall issue the person
a Uniform Traffic Ticket for an offense as defined in Section 11-501 or a
similar provision of a local ordinance prior to requesting that the person
submit to the test or tests. The issuance of the Uniform Traffic Ticket
shall not constitute an arrest, but shall be for the purpose of notifying
the person that he or she is subject to the provisions of this Section and
of the officer's belief of the existence of probable cause to
arrest. Upon returning to this State, the officer shall file the Uniform
Traffic Ticket with the Circuit Clerk of the county where the offense was
committed, and shall seek the issuance of an arrest warrant or a summons
for the person. (a-5) (Blank). (b) Any person who is dead, unconscious, or who is otherwise in a condition
rendering the person incapable of refusal, shall be deemed not to have
withdrawn the consent provided by paragraph (a) of this Section and the test or
tests may be administered, subject to the provisions of Section 11-501.2. (c) A person requested to submit to a test as provided above shall
be warned by the law enforcement officer requesting the test that a
refusal to submit to the test will result in the statutory summary
suspension of the person's privilege to operate a motor vehicle, as provided
in Section 6-208.1 of this Code, and will also result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder. The person shall also be warned that a refusal to submit to the test, when the person was involved in a motor vehicle crash that caused personal injury or death to another, will result in the statutory summary revocation of the person's privilege to operate a motor vehicle, as provided in Section 6-208.1, and will also result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder. The person shall also be warned by the law
enforcement officer that if the person submits to the test or tests
provided in paragraph (a) of this Section and the alcohol concentration in
the person's blood, other bodily substance, or breath is 0.08 or greater, or testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of
a
drug, substance, or compound resulting from the unlawful use or consumption
of a controlled
substance
listed in the Illinois Controlled Substances Act, an intoxicating compound
listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is detected in the person's
blood, other bodily substance or urine, a statutory summary suspension of the person's privilege to
operate a motor vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
Code, will be imposed. If the person is also a CDL holder, he or she shall be warned by the law
enforcement officer that if the person submits to the test or tests
provided in paragraph (a) of this Section and the alcohol concentration in
the person's blood, other bodily substance, or breath is 0.08 or greater, or any amount of
a
drug, substance, or compound resulting from the unlawful use or consumption
of cannabis as covered by the Cannabis Control Act, a controlled
substance
listed in the Illinois Controlled Substances Act, an intoxicating compound
listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is detected in the person's
blood, other bodily substance, or urine, a disqualification of
the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, will be imposed. A person who is under the age of 21 at the time the person is requested to
submit to a test as provided above shall, in addition to the warnings provided
for in this Section, be further warned by the law enforcement officer
requesting the test that if the person submits to the test or tests provided in
paragraph (a) of this Section and the alcohol concentration in the person's
blood, other bodily substance, or breath is greater than 0.00 and less than 0.08, a
suspension of the
person's privilege to operate a motor vehicle, as provided under Sections
6-208.2 and 11-501.8 of this Code, will be imposed. The results of this test
shall be admissible in a civil or criminal action or proceeding arising from an
arrest for an offense as defined in Section 11-501 of this Code or a similar
provision of a local ordinance or pursuant to Section 11-501.4 in prosecutions
for reckless homicide brought under the Criminal Code of 1961 or the Criminal Code of 2012. These test
results, however, shall be admissible only in actions or proceedings directly
related to the incident upon which the test request was made. A person requested to submit to a test shall also acknowledge, in writing, receipt of the warning required under this Section. If the person refuses to acknowledge receipt of the warning, the law enforcement officer shall make a written notation on the warning that the person refused to sign the warning. A person's refusal to sign the warning shall not be evidence that the person was not read the warning. (d) If the person refuses testing or submits to a test that discloses
an alcohol concentration of 0.08 or more, or testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug,
substance, or intoxicating compound in the person's breath, blood,
other bodily substance, or urine resulting from the
unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances
Act, an intoxicating compound listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer shall immediately submit a sworn report to
the
circuit court of venue and the Secretary of State, certifying that the test or
tests was or were requested under paragraph (a) and the person refused to
submit to a test, or tests, or submitted to testing that disclosed an alcohol
concentration of 0.08 or more, testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug,
substance, or intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from the
unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances
Act, an intoxicating compound listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. If the person is also a CDL holder and refuses testing or submits to a test that discloses
an alcohol concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances
Act, an intoxicating compound listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer shall also immediately submit a sworn report to
the
circuit court of venue and the Secretary of State, certifying that the test or
tests was or were requested under paragraph (a) and the person refused to
submit to a test, or tests, or submitted to testing that disclosed an alcohol concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances
Act, an intoxicating compound listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. (e) Upon receipt of the sworn report of a law enforcement officer
submitted under paragraph (d), the Secretary of State shall enter the
statutory summary suspension or revocation and disqualification for the periods specified in Sections
6-208.1 and 6-514, respectively,
and effective as provided in paragraph (g). If the person is a first offender as defined in Section 11-500 of this
Code, and is not convicted of a violation of Section 11-501
of this Code or a similar provision of a local ordinance, then reports
received by the Secretary of State under this Section shall, except during
the actual time the Statutory Summary Suspension is in effect, be
privileged information and for use only by the courts, police officers,
prosecuting authorities or the Secretary of State, unless the person is a CDL holder, is operating a commercial motor vehicle or vehicle required to be placarded for hazardous materials, in which case the suspension shall not be privileged. Reports received by the Secretary of State under this Section shall also be made available to the parent or guardian of a person under the age of 18 years that holds an instruction permit or a graduated driver's license, regardless of whether the statutory summary suspension is in effect. A statutory summary revocation shall not be privileged information. (f) The law enforcement officer submitting the sworn report under paragraph
(d) shall serve immediate notice of the statutory summary suspension or revocation on the
person and the suspension or revocation and disqualification shall be effective as provided in paragraph (g). (1) In cases involving a person who is not a CDL |
| holder where the blood alcohol concentration of 0.08 or greater or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is established by a subsequent analysis of blood, other bodily substance, or urine or analysis of whole blood or other bodily substance establishes a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, collected at the time of arrest, the arresting officer or arresting agency shall give notice as provided in this Section or by deposit in the United States mail of the notice in an envelope with postage prepaid and addressed to the person at his or her address as shown on the Uniform Traffic Ticket and the statutory summary suspension shall begin as provided in paragraph (g).
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(1.3) In cases involving a person who is a CDL holder
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| where the blood alcohol concentration of 0.08 or greater or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is established by a subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the arresting officer or arresting agency shall give notice as provided in this Section or by deposit in the United States mail of the notice in an envelope with postage prepaid and addressed to the person at his or her address as shown on the Uniform Traffic Ticket and the statutory summary suspension and disqualification shall begin as provided in paragraph (g).
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(1.5) The officer shall confiscate any Illinois
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| driver's license or permit on the person at the time of arrest. If the person has a valid driver's license or permit, the officer shall issue the person a receipt, in a form prescribed by the Secretary of State, that will allow that person to drive during the periods provided for in paragraph (g). The officer shall immediately forward the driver's license or permit to the circuit court of venue along with the sworn report provided for in paragraph (d).
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(2) (Blank).
(g) The statutory summary suspension or revocation and disqualification
referred to in this Section shall
take effect on the 46th day following the date the notice of the statutory
summary suspension or revocation was given to the person.
(h) The following procedure shall apply
whenever a person is arrested for any offense as defined in Section 11-501
or a similar provision of a local ordinance:
Upon receipt of the sworn report from the law enforcement officer,
the Secretary of State shall confirm the statutory summary suspension or revocation by
mailing a notice of the effective date of the suspension or revocation to the person and
the court of venue. The Secretary of State shall also mail notice of the effective date of the disqualification to the person. However, should the sworn report be defective by not
containing sufficient information or be completed in error, the
confirmation of the statutory summary suspension or revocation shall not be mailed to the
person or entered to the record; instead, the sworn report shall
be
forwarded to the court of venue with a copy returned to the issuing agency
identifying any defect.
(i) As used in this Section, "personal injury" includes any Type A injury as indicated on the traffic crash report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or a medical facility. A Type A injury includes severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.
(Source: P.A. 102-982, eff. 7-1-23 .)
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(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
Sec. 11-501.2. Chemical and other tests.
(a) Upon the trial of any civil or criminal action or proceeding arising out
of an arrest for an offense as defined in Section 11-501 or a similar local
ordinance or proceedings pursuant to Section 2-118.1, evidence of the
concentration of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof in a person's blood
or breath at the time alleged, as determined by analysis of the person's blood,
urine, breath, or other bodily substance, shall be admissible. Where such test
is made the following provisions shall apply:
1. Chemical analyses of the person's blood, urine, |
| breath, or other bodily substance to be considered valid under the provisions of this Section shall have been performed according to standards promulgated by the Illinois State Police by a licensed physician, registered nurse, trained phlebotomist, licensed paramedic, or other individual possessing a valid permit issued by that Department for this purpose. The Director of the Illinois State Police is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct such analyses, to issue permits which shall be subject to termination or revocation at the discretion of that Department and to certify the accuracy of breath testing equipment. The Illinois State Police shall prescribe regulations as necessary to implement this Section.
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2. When a person in this State shall submit to a
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| blood test at the request of a law enforcement officer under the provisions of Section 11-501.1, only a physician authorized to practice medicine, a licensed physician assistant, a licensed advanced practice registered nurse, a registered nurse, trained phlebotomist, or licensed paramedic, or other qualified person approved by the Illinois State Police may withdraw blood for the purpose of determining the alcohol, drug, or alcohol and drug content therein. This limitation shall not apply to the taking of breath, other bodily substance, or urine specimens.
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When a blood test of a person who has been taken to
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| an adjoining state for medical treatment is requested by an Illinois law enforcement officer, the blood may be withdrawn only by a physician authorized to practice medicine in the adjoining state, a licensed physician assistant, a licensed advanced practice registered nurse, a registered nurse, a trained phlebotomist acting under the direction of the physician, or licensed paramedic. The law enforcement officer requesting the test shall take custody of the blood sample, and the blood sample shall be analyzed by a laboratory certified by the Illinois State Police for that purpose.
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3. The person tested may have a physician, or a
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| qualified technician, chemist, registered nurse, or other qualified person of their own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
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4. Upon the request of the person who shall submit to
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| a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or such person's attorney.
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5. Alcohol concentration shall mean either grams of
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| alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
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6. Tetrahydrocannabinol concentration means either 5
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| nanograms or more of delta-9-tetrahydrocannabinol per milliliter of whole blood or 10 nanograms or more of delta-9-tetrahydrocannabinol per milliliter of other bodily substance.
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(a-5) Law enforcement officials may use validated roadside chemical tests or standardized field sobriety tests approved by the National Highway Traffic Safety Administration when conducting investigations of a violation of Section 11-501 or similar local ordinance by drivers suspected of driving under the influence of cannabis. The General Assembly finds that (i) validated roadside chemical tests are effective means to determine if a person is under the influence of cannabis and (ii) standardized field sobriety tests approved by the National Highway Traffic Safety Administration are divided attention tasks that are intended to determine if a person is under the influence of cannabis. The purpose of these tests is to determine the effect of the use of cannabis on a person's capacity to think and act with ordinary care and therefore operate a motor vehicle safely. Therefore, the results of these validated roadside chemical tests and standardized field sobriety tests, appropriately administered, shall be admissible in the trial of any civil or criminal action or proceeding arising out of an arrest for a cannabis-related offense as defined in Section 11-501 or a similar local ordinance or proceedings under Section 2-118.1 or 2-118.2. Where a test is made the following provisions shall apply:
1. The person tested may have a physician, or a
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| qualified technician, chemist, registered nurse, or other qualified person of their own choosing administer a chemical test or tests in addition to the standardized field sobriety test or tests administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person does not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
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2. Upon the request of the person who shall submit to
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| validated roadside chemical tests or a standardized field sobriety test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or the person's attorney.
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3. At the trial of any civil or criminal action or
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| proceeding arising out of an arrest for an offense as defined in Section 11-501 or a similar local ordinance or proceedings under Section 2-118.1 or 2-118.2 in which the results of these validated roadside chemical tests or standardized field sobriety tests are admitted, the person may present and the trier of fact may consider evidence that the person lacked the physical capacity to perform the validated roadside chemical tests or standardized field sobriety tests.
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(b) Upon the trial of any civil or criminal action or proceeding arising
out of acts alleged to have been committed by any person while driving or
in actual physical control of a vehicle while under the influence of alcohol,
the concentration of alcohol in the person's blood or breath at the time
alleged as shown by analysis of the person's blood, urine, breath, or other
bodily substance shall give rise to the following presumptions:
1. If there was at that time an alcohol concentration
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| of 0.05 or less, it shall be presumed that the person was not under the influence of alcohol.
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2. If there was at that time an alcohol concentration
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| in excess of 0.05 but less than 0.08, such facts shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.
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3. If there was at that time an alcohol concentration
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| of 0.08 or more, it shall be presumed that the person was under the influence of alcohol.
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4. The foregoing provisions of this Section shall not
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| be construed as limiting the introduction of any other relevant evidence bearing upon the question whether the person was under the influence of alcohol.
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(b-5) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, the concentration of cannabis in the person's whole blood or other bodily substance at the time alleged as shown by analysis of the person's blood or other bodily substance shall give rise to the following presumptions:
1. If there was a tetrahydrocannabinol concentration
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| of 5 nanograms or more in whole blood or 10 nanograms or more in an other bodily substance as defined in this Section, it shall be presumed that the person was under the influence of cannabis.
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2. If there was at that time a tetrahydrocannabinol
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| concentration of less than 5 nanograms in whole blood or less than 10 nanograms in an other bodily substance, such facts shall not give rise to any presumption that the person was or was not under the influence of cannabis, but such fact may be considered with other competent evidence in determining whether the person was under the influence of cannabis.
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(c) 1. If a person under arrest refuses to submit to a chemical test
under
the provisions of Section 11-501.1, evidence of refusal shall be admissible
in any civil or criminal action or proceeding arising out of acts alleged
to have been committed while the person under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof was driving or in actual physical
control of a motor vehicle.
2. Notwithstanding any ability to refuse under this Code to submit to
these tests or any ability to revoke the implied consent to these tests, if a
law enforcement officer has probable cause to believe that a motor vehicle
driven by or in actual physical control of a person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds,
or any combination thereof
has caused the death or
personal injury to another, the law enforcement officer shall request, and that person shall submit, upon the request of a law
enforcement officer, to a chemical test or tests of his or her blood, breath, other bodily substance, or
urine for the purpose of
determining the alcohol content thereof or the presence of any other drug or
combination of both.
This provision does not affect the applicability of or imposition of driver's
license sanctions under Section 11-501.1 of this Code.
3. For purposes of this Section, a personal injury includes any Type A
injury as indicated on the traffic crash report completed by a law
enforcement officer that requires immediate professional attention in either a
doctor's office or a medical facility. A Type A injury includes severe
bleeding wounds, distorted extremities, and injuries that require the injured
party to be carried from the scene.
(d) If a person refuses validated roadside chemical tests or standardized field sobriety tests under Section 11-501.9 of this Code, evidence of refusal shall be admissible in any civil or criminal action or proceeding arising out of acts committed while the person was driving or in actual physical control of a vehicle and alleged to have been impaired by the use of cannabis.
(e) Illinois State Police compliance with the changes in this amendatory Act of the 99th General Assembly concerning testing of other bodily substances and tetrahydrocannabinol concentration by Illinois State Police laboratories is subject to appropriation and until the Illinois State Police adopt standards and completion validation. Any laboratories that test for the presence of cannabis or other drugs under this Article, the Snowmobile Registration and Safety Act, or the Boat Registration and Safety Act must comply with ISO/IEC 17025:2005.
(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21; 102-982, eff. 7-1-23 .)
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(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6) Sec. 11-501.6. Driver involvement in personal injury or fatal motor
vehicle crash; chemical test. (a) Any person who drives or is in actual control of a motor vehicle
upon the public highways of this State and who has been involved in a
personal injury or fatal motor vehicle crash, shall be deemed to have
given consent to a breath test using a portable device as approved by the
Illinois State Police or to a chemical test or tests
of blood, breath, other bodily substance, or
urine for the purpose of determining the content of alcohol,
other
drug or drugs, or intoxicating compound or compounds of such
person's blood if arrested as evidenced by the issuance of a Uniform Traffic
Ticket for any violation of the Illinois Vehicle Code or a similar provision of
a local ordinance, with the exception of equipment violations contained in
Chapter 12 of this Code, or similar provisions of local ordinances. The test
or tests shall be administered at the direction of the arresting officer. The
law enforcement agency employing the officer shall designate which of the
aforesaid tests shall be administered. Up to 2 additional tests of urine or other bodily substance may be administered even
after a blood or breath test or both has been administered. Compliance with
this Section does not relieve such person from the requirements of Section
11-501.1 of this Code. (b) Any person who is dead, unconscious or who is otherwise in a
condition rendering such person incapable of refusal shall be deemed not to
have withdrawn the consent provided by subsection (a) of this Section. In
addition, if a driver of a vehicle is receiving medical treatment as a
result of a motor vehicle crash, any physician licensed to practice
medicine, licensed physician assistant, licensed advanced practice registered nurse, registered nurse or a phlebotomist acting under the direction of
a licensed physician shall withdraw blood for testing purposes to ascertain
the presence of alcohol, other drug or drugs, or intoxicating
compound or compounds, upon the specific request of a law
enforcement officer. However, no such testing shall be performed until, in
the opinion of the medical personnel on scene, the withdrawal can be made
without interfering with or endangering the well-being of the patient. (c) A person requested to submit to a test as provided above shall be
warned by the law enforcement officer requesting the test that a refusal to
submit to the test, or submission to the test resulting in an alcohol
concentration of 0.08 or more, or testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug, substance,
or intoxicating compound
resulting from the unlawful use or consumption of a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as detected in such person's blood, other bodily substance, or urine, may
result in the suspension of such person's privilege to operate a motor vehicle. If the person is also a CDL holder, he or she shall be
warned by the law enforcement officer requesting the test that a refusal to
submit to the test, or submission to the test resulting in an alcohol
concentration of 0.08 or more, or any amount of a drug, substance,
or intoxicating compound
resulting from the unlawful use or consumption of cannabis, as covered by the
Cannabis Control Act, a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act as detected in the person's blood, other bodily substance, or urine, may result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code.
The length of the suspension shall be the same as outlined in Section
6-208.1 of this Code regarding statutory summary suspensions. A person requested to submit to a test shall also acknowledge, in writing, receipt of the warning required under this Section. If the person refuses to acknowledge receipt of the warning, the law enforcement officer shall make a written notation on the warning that the person refused to sign the warning. A person's refusal to sign the warning shall not be evidence that the person was not read the warning. (d) If the person refuses testing or submits to a test which discloses
an alcohol concentration of 0.08 or more, the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug,
substance,
or intoxicating compound in such person's blood or urine resulting from the
unlawful use or
consumption of a controlled
substance listed in the Illinois Controlled Substances Act, an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to the Secretary of
State on a form prescribed by the Secretary, certifying that the test or tests
were requested under subsection (a) and the person refused to submit to a
test or tests or submitted to testing which disclosed an alcohol concentration
of 0.08 or more, the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug, substance, or intoxicating
compound
in such
person's blood, other bodily substance, or urine, resulting from the unlawful use or consumption of
a controlled substance
listed in
the Illinois Controlled Substances Act,
an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. If the person is also a CDL holder and refuses testing or submits to a test which discloses
an alcohol concentration of 0.08 or more, or any amount of a drug,
substance,
or intoxicating compound in the person's blood, other bodily substance, or urine resulting from the
unlawful use or
consumption of cannabis listed in the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to the Secretary of
State on a form prescribed by the Secretary, certifying that the test or tests
were requested under subsection (a) and the person refused to submit to a
test or tests or submitted to testing which disclosed an alcohol concentration
of 0.08 or more, or any amount of a drug, substance, or intoxicating
compound
in such
person's blood, other bodily substance, or urine, resulting from the unlawful use or consumption of
cannabis listed in the Cannabis Control Act, a controlled substance
listed in
the Illinois Controlled Substances Act,
an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. Upon receipt of the sworn report of a law enforcement officer, the
Secretary shall enter the suspension and disqualification to the individual's driving record and the
suspension and disqualification shall be effective on the 46th day following the date notice of the
suspension was given to the person. The law enforcement officer submitting the sworn report shall serve immediate
notice of this suspension on the person and such suspension and disqualification shall be effective
on the 46th day following the date notice was given. In cases involving a person who is not a CDL holder where the blood alcohol concentration of 0.08 or more,
or blood testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount
of a drug, substance, or intoxicating compound resulting from the unlawful
use or
consumption of a
controlled
substance listed in the Illinois Controlled Substances Act,
an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, is established by a
subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the
arresting officer shall give notice as provided in this Section or by deposit
in the United States mail of such notice in an envelope with postage prepaid
and addressed to such person at his or her address as shown on the Uniform Traffic
Ticket and the suspension shall be effective on the 46th day following the date
notice was given. In cases involving a person who is a CDL holder where the blood alcohol concentration of 0.08 or more,
or any amount
of a drug, substance, or intoxicating compound resulting from the unlawful
use or
consumption of cannabis as listed in the Cannabis Control Act, a
controlled
substance listed in the Illinois Controlled Substances Act,
an
intoxicating
compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, is established by a
subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the
arresting officer shall give notice as provided in this Section or by deposit
in the United States mail of such notice in an envelope with postage prepaid
and addressed to the person at his or her address as shown on the Uniform Traffic
Ticket and the suspension and disqualification shall be effective on the 46th day following the date
notice was given. Upon receipt of the sworn report of a law enforcement officer, the Secretary
shall also give notice of the suspension and disqualification to the driver by mailing a notice of
the effective date of the suspension and disqualification to the individual. However, should the
sworn report be defective by not containing sufficient information or be
completed in error, the notice of the suspension and disqualification shall not be mailed to the
person or entered to the driving record, but rather the sworn report shall be
returned to the issuing law enforcement agency. (e) A driver may contest this suspension of his or her
driving privileges and disqualification of his or her CDL privileges by
requesting an administrative hearing with the Secretary in accordance with
Section 2-118 of this Code. At the conclusion of a hearing held under
Section 2-118 of this Code, the Secretary may rescind, continue, or modify the
orders
of suspension and disqualification. If the Secretary does not rescind the orders of suspension and disqualification, a restricted
driving permit may be granted by the Secretary upon application being made and
good cause shown. A restricted driving permit may be granted to relieve undue
hardship to allow driving for employment, educational, and medical purposes as
outlined in Section 6-206 of this Code. The provisions of Section 6-206 of
this Code shall apply. In accordance with 49 C.F.R. 384, the Secretary of State may not issue a restricted driving permit for the operation of a commercial motor vehicle to a person holding a CDL whose driving privileges have been suspended, revoked, cancelled, or disqualified.
(f) (Blank). (g) For the purposes of this Section, a personal injury shall include
any type A injury as indicated on the traffic crash report completed
by a law enforcement officer that requires immediate professional attention
in either a doctor's office or a medical facility. A type A injury shall
include severely bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene. (Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23 .) |
(625 ILCS 5/11-501.8)
Sec. 11-501.8. Suspension of driver's license; persons under age 21.
(a) A person who is less than 21 years of age and who drives or
is in actual physical control of a motor vehicle upon the
public highways of this State shall be deemed to have given consent to a
chemical test or tests of blood, breath, other bodily substance, or urine for the purpose of
determining the alcohol content of the person's blood if arrested, as evidenced
by the issuance of a Uniform Traffic Ticket for any violation of the Illinois
Vehicle Code or a similar provision of a local ordinance, if a police officer
has probable cause to believe that the driver has consumed any amount of an
alcoholic beverage based upon evidence of the driver's physical condition or
other first hand knowledge of the police officer. The test or tests shall be
administered at the direction of the arresting officer. The law enforcement
agency employing the officer shall designate which of the aforesaid tests shall
be administered. Up to 2 additional tests of urine or other bodily substance may be administered even after a blood or
breath test or both has been administered.
(b) A person who is dead, unconscious, or who is otherwise in a condition
rendering that person incapable of refusal, shall be deemed not to have
withdrawn the consent provided by paragraph (a) of this Section and the test or
tests may be administered subject to the following provisions:
(i) Chemical analysis of the person's blood, urine, |
| breath, or other bodily substance, to be considered valid under the provisions of this Section, shall have been performed according to standards promulgated by the Illinois State Police by an individual possessing a valid permit issued by that Department for this purpose. The Director of the Illinois State Police is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct analyses, to issue permits that shall be subject to termination or revocation at the direction of that Department, and to certify the accuracy of breath testing equipment. The Illinois State Police shall prescribe regulations as necessary.
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(ii) When a person submits to a blood test at the
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| request of a law enforcement officer under the provisions of this Section, only a physician authorized to practice medicine, a licensed physician assistant, a licensed advanced practice registered nurse, a registered nurse, or other qualified person trained in venipuncture and acting under the direction of a licensed physician may withdraw blood for the purpose of determining the alcohol content therein. This limitation does not apply to the taking of breath, other bodily substance, or urine specimens.
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|
(iii) The person tested may have a physician,
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| qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer a chemical test or tests in addition to any test or tests administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the consideration of the previously performed chemical test.
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(iv) Upon a request of the person who submits to a
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| chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or that person's attorney.
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(v) Alcohol concentration means either grams of
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| alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
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(vi) If a driver is receiving medical treatment as a
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| result of a motor vehicle crashes, a physician licensed to practice medicine, licensed physician assistant, licensed advanced practice registered nurse, registered nurse, or other qualified person trained in venipuncture and acting under the direction of a licensed physician shall withdraw blood for testing purposes to ascertain the presence of alcohol upon the specific request of a law enforcement officer. However, that testing shall not be performed until, in the opinion of the medical personnel on scene, the withdrawal can be made without interfering with or endangering the well-being of the patient.
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|
(c) A person requested to submit to a test as provided above shall be warned
by the law enforcement officer requesting the test that a refusal to submit to
the test, or submission to the test resulting in an alcohol concentration of
more than 0.00, may result in the loss of that person's privilege to operate a
motor vehicle and may result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder. The loss of driving privileges shall be imposed in accordance
with Section 6-208.2 of this Code.
A person requested to submit to a test shall also acknowledge, in writing, receipt of the warning required under this Section. If the person refuses to acknowledge receipt of the warning, the law enforcement officer shall make a written notation on the warning that the person refused to sign the warning. A person's refusal to sign the warning shall not be evidence that the person was not read the warning.
(d) If the person refuses testing or submits to a test that discloses an
alcohol concentration of more than 0.00, the law enforcement officer shall
immediately submit a sworn report to the Secretary of State on a form
prescribed by the Secretary of State, certifying that the test or tests were
requested under subsection (a) and the person refused to submit to a test
or tests or submitted to testing which disclosed an alcohol concentration of
more than 0.00. The law enforcement officer shall submit the same sworn report
when a person under the age of 21 submits to testing under Section
11-501.1 of this Code and the testing discloses an alcohol concentration of
more than 0.00 and less than 0.08.
Upon receipt of the sworn report of a law enforcement officer, the Secretary
of State shall enter the suspension and disqualification on the individual's driving
record and the suspension and disqualification shall be effective on the 46th day following the date
notice of the suspension was given to the person. If this suspension is the
individual's first driver's license suspension under this Section, reports
received by the Secretary of State under this Section shall, except during the
time the suspension is in effect, be privileged information and for use only by
the courts, police officers, prosecuting authorities, the Secretary of State,
or the individual personally, unless the person is a CDL holder, is operating a commercial motor vehicle or vehicle required to be placarded for hazardous materials, in which case the suspension shall not be privileged.
Reports received by the Secretary of State under this Section shall also be made available to the parent or guardian of a person under the age of 18 years that holds an instruction permit or a graduated driver's license, regardless of whether the suspension is in effect.
The law enforcement officer submitting the sworn report shall serve immediate
notice of this suspension on the person and the suspension and disqualification shall
be effective on the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more than 0.00 is
established by a subsequent analysis of blood, other bodily substance, or urine, the police officer or
arresting agency shall give notice as provided in this Section or by deposit
in the United States mail of that notice in an envelope with postage prepaid
and addressed to that person at his last known address and the loss of driving
privileges shall be effective on the 46th day following the date notice was
given.
Upon receipt of the sworn report of a law enforcement officer, the Secretary
of State shall also give notice of the suspension and disqualification to the driver
by mailing a notice of the effective date of the suspension and disqualification to the individual.
However, should the sworn report be defective by not containing sufficient
information or be completed in error, the notice of the suspension and disqualification shall not be mailed to the person or entered to the driving record,
but rather the sworn report shall be returned to the issuing law enforcement
agency.
(e) A driver may contest this suspension and disqualification by requesting an
administrative hearing with the Secretary of State in accordance with Section
2-118 of this Code. An individual whose blood alcohol concentration is shown
to be more than 0.00 is not subject to this Section if he or she consumed
alcohol in the performance of a religious service or ceremony. An individual
whose blood alcohol concentration is shown to be more than 0.00 shall not be
subject to this Section if the individual's blood alcohol concentration
resulted only from ingestion of the prescribed or recommended dosage of
medicine that contained alcohol. The petition for that hearing shall not stay
or delay the effective date of the impending suspension. The scope of this
hearing shall be limited to the issues of:
(1) whether the police officer had probable cause to
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| believe that the person was driving or in actual physical control of a motor vehicle upon the public highways of the State and the police officer had reason to believe that the person was in violation of any provision of the Illinois Vehicle Code or a similar provision of a local ordinance; and
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(2) whether the person was issued a Uniform Traffic
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| Ticket for any violation of the Illinois Vehicle Code or a similar provision of a local ordinance; and
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(3) whether the police officer had probable cause to
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| believe that the driver had consumed any amount of an alcoholic beverage based upon the driver's physical actions or other first-hand knowledge of the police officer; and
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(4) whether the person, after being advised by the
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| officer that the privilege to operate a motor vehicle would be suspended if the person refused to submit to and complete the test or tests, did refuse to submit to or complete the test or tests to determine the person's alcohol concentration; and
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(5) whether the person, after being advised by the
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| officer that the privileges to operate a motor vehicle would be suspended if the person submits to a chemical test or tests and the test or tests disclose an alcohol concentration of more than 0.00, did submit to and complete the test or tests that determined an alcohol concentration of more than 0.00; and
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(6) whether the test result of an alcohol
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| concentration of more than 0.00 was based upon the person's consumption of alcohol in the performance of a religious service or ceremony; and
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(7) whether the test result of an alcohol
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| concentration of more than 0.00 was based upon the person's consumption of alcohol through ingestion of the prescribed or recommended dosage of medicine.
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At the conclusion of the hearing held under Section 2-118 of
this Code, the Secretary of State may rescind, continue, or modify the suspension and disqualification. If the Secretary of State does not rescind the suspension and disqualification, a
restricted driving permit may be granted by the Secretary of State upon
application being made and good cause shown. A restricted driving permit may be
granted to relieve undue hardship by allowing driving for employment,
educational, and medical purposes as outlined in item (3) of part (c) of
Section 6-206 of this Code. The provisions of item (3) of part (c) of Section
6-206 of this Code and of subsection (f) of that Section shall apply. The Secretary of State shall promulgate rules
providing for participation in an alcohol education and awareness program or
activity, a drug education and awareness program or activity, or both as a
condition to the issuance of a restricted driving permit for suspensions
imposed under this Section.
(f) The results of any chemical testing performed in accordance with
subsection (a) of this Section are not admissible in any civil or criminal
proceeding, except that the results of the testing may be considered at a
hearing held under Section 2-118 of this Code. However, the results of
the testing may not be used to impose driver's license sanctions under
Section 11-501.1 of this Code. A law enforcement officer may, however, pursue
a statutory summary suspension or revocation of driving privileges under Section 11-501.1 of
this Code if other physical evidence or first hand knowledge forms the basis
of that suspension or revocation.
(g) This Section applies only to drivers who are under
age 21 at the time of the issuance of a Uniform Traffic Ticket for a
violation of the Illinois Vehicle Code or a similar provision of a local
ordinance, and a chemical test request is made under this Section.
(h) The action of the Secretary of State in suspending, revoking, cancelling, or
disqualifying any license or
permit shall be
subject to judicial review in the Circuit Court of Sangamon County or in the
Circuit Court of Cook County, and the provisions of the Administrative Review
Law and its rules are hereby adopted and shall apply to and govern every action
for the judicial review of final acts or decisions of the Secretary of State
under this Section.
(Source: P.A. 102-538, eff. 8-20-21; 102-982, eff. 7-1-23 .)
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(625 ILCS 5/11-506) (Text of Section before amendment by P.A. 103-706 ) Sec. 11-506. Street racing; aggravated street racing; street sideshows. (a) No person shall engage in street racing on any street or highway of this State. (a-5) No person shall engage in a street sideshow on any street or highway of this State. (b) No owner of any vehicle shall acquiesce in or permit his or her vehicle to be used by another for the purpose of street racing or a street sideshow. (b-5) A person may not knowingly interfere with or cause the movement of traffic to slow or stop for the purpose of facilitating street racing or a street sideshow. (c) For the purposes of this Section: "Acquiesce" or "permit" means actual knowledge that the motor vehicle was to be used for the purpose of street racing. "Motor vehicle stunt" includes, but is not limited to, operating a vehicle in a manner that causes the vehicle to slide or spin, driving within the proximity of a gathering of persons, performing maneuvers to demonstrate the performance capability of the motor vehicle, or maneuvering the vehicle in an attempt to elicit a reaction from a gathering of persons. "Street racing" means: (1) The operation of 2 or more vehicles from a point |
| side by side at accelerating speeds in a competitive attempt to outdistance each other; or
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(2) The operation of one or more vehicles over a
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| common selected course, each starting at the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit; or
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(3) The use of one or more vehicles in an attempt to
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| outgain or outdistance another vehicle; or
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(4) The use of one or more vehicles to prevent
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| another vehicle from passing; or
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(5) The use of one or more vehicles to arrive at a
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| given destination ahead of another vehicle or vehicles; or
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(6) The use of one or more vehicles to test the
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| physical stamina or endurance of drivers over long-distance driving routes.
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"Street sideshow" means an event in which one or more vehicles block or impede traffic on a street or highway, for the purpose of performing unauthorized motor vehicle stunts, motor vehicle speed contests, or motor vehicle exhibitions of speed.
(d) Penalties.
(1) Any person who is convicted of a violation of
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| subsection (a), (a-5), or (b-5) shall be guilty of a Class A misdemeanor for the first offense and shall be subject to a minimum fine of $250. Any person convicted of a violation of subsection (a), (a-5), or (b-5) a second or subsequent time shall be guilty of a Class 4 felony and shall be subject to a minimum fine of $500. The driver's license of any person convicted of subsection (a) shall be revoked in the manner provided by Section 6-205 of this Code.
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(2) Any person who is convicted of a violation of
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| subsection (b) shall be guilty of a Class B misdemeanor. Any person who is convicted of subsection (b) for a second or subsequent time shall be guilty of a Class A misdemeanor.
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(3) Every person convicted of committing a violation
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| of subsection (a) of this Section shall be guilty of aggravated street racing if the person, in committing a violation of subsection (a) was involved in a motor vehicle crash that resulted in great bodily harm or permanent disability or disfigurement to another, where the violation was a proximate cause of the injury. Aggravated street racing is a Class 4 felony for which the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.
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(Source: P.A. 102-733, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
(Text of Section after amendment by P.A. 103-706 )
Sec. 11-506. Street racing; aggravated street racing; street sideshows.
(a) No person shall engage in street racing on any street or highway of this State.
(a-5) No person shall engage in a street sideshow on any street or highway of this State.
(b) No owner of any vehicle shall acquiesce in or permit his or her vehicle to be used by another for the purpose of street racing or a street sideshow.
(b-5) A person may not knowingly interfere with or cause the movement of traffic to slow or stop for the purpose of facilitating street racing or a street sideshow.
(c) For the purposes of this Section:
"Acquiesce" or "permit" means actual knowledge that the motor vehicle was to be used for the purpose of street racing or a street sideshow.
"Motor vehicle stunt" includes, but is not limited to, operating a vehicle in a manner that causes the vehicle to slide or spin, driving within the proximity of a gathering of persons, performing maneuvers to demonstrate the performance capability of the motor vehicle, or maneuvering the vehicle in an attempt to elicit a reaction from a gathering of persons.
"Street racing" means:
(1) The operation of 2 or more vehicles from a point
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| side by side at accelerating speeds in a competitive attempt to outdistance each other; or
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|
(2) The operation of one or more vehicles over a
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| common selected course, each starting at the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit; or
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|
(3) The use of one or more vehicles in an attempt to
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| outgain or outdistance another vehicle; or
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|
(4) The use of one or more vehicles to prevent
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| another vehicle from passing; or
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|
(5) The use of one or more vehicles to arrive at a
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| given destination ahead of another vehicle or vehicles; or
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|
(6) The use of one or more vehicles to test the
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| physical stamina or endurance of drivers over long-distance driving routes.
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|
"Street sideshow" means an event in which one or more vehicles block or impede traffic on a street or highway, for the purpose of performing unauthorized motor vehicle stunts, motor vehicle speed contests, or motor vehicle exhibitions of speed.
(d) Penalties.
(1) Any person who is convicted of a violation of
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| subsection (a), (a-5), or (b-5) shall be guilty of a Class A misdemeanor for the first offense and shall be subject to a minimum fine of $250. Any person convicted of a violation of subsection (a), (a-5), or (b-5) a second or subsequent time shall be guilty of a Class 4 felony and shall be subject to a minimum fine of $500. The driver's license of any person convicted of subsection (a) shall be revoked in the manner provided by Section 6-205 of this Code.
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|
(2) Any person who is convicted of a violation of
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| subsection (b) shall be guilty of a Class B misdemeanor. Any person who is convicted of subsection (b) for a second or subsequent time shall be guilty of a Class A misdemeanor.
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|
(3) Every person convicted of committing a violation
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| of subsection (a) of this Section shall be guilty of aggravated street racing if the person, in committing a violation of subsection (a) was involved in a motor vehicle crash that resulted in great bodily harm or permanent disability or disfigurement to another, where the violation was a proximate cause of the injury. Aggravated street racing is a Class 4 felony for which the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.
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|
(Source: P.A. 102-733, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-706, eff. 1-1-25.)
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(625 ILCS 5/11-701) (from Ch. 95 1/2, par. 11-701)
Sec. 11-701. Drive on right side of roadway - exceptions.
(a) Upon all roadways of sufficient width a vehicle shall be driven upon
the right half of the roadway, except as follows:
1. When overtaking and passing another vehicle |
| proceeding in the same direction under the rules governing such movements;
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|
2. When an obstruction exists making it necessary to
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| drive to the left of the center of the roadway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway within such distance as to constitute an immediate hazard;
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|
3. Upon a roadway divided into 3 marked lanes for
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| traffic under the rules applicable thereon;
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|
4. Upon a roadway restricted to one way traffic;
5. Whenever there is a single track paved road on one
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| side of the public highway and 2 vehicles meet thereon, the driver on whose right is the wider shoulder shall give the right-of-way on such pavement to the other vehicle.
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|
(b) Upon a 2 lane roadway, providing for 2-way
movement of traffic, a vehicle shall be driven in the right-hand lane available
for traffic, or
as close as practicable to the right hand curb or edge of the roadway,
except when overtaking and passing another vehicle proceeding in the same
direction or when preparing for a left turn at an intersection or into a
private road or driveway.
(c) Upon any roadway having 4 or more lanes for moving traffic and
providing for 2-way movement of traffic, no vehicle shall be driven to the
left of the center line of the roadway, except when authorized by official
traffic-control devices designating certain lanes to the left side of the
center of the roadway for use by traffic not otherwise permitted to use
such lanes, or except as permitted under Subsection (a) 2. However, this
Subsection shall not be construed as prohibiting the crossing of the center
line in making a left turn into or from an alley, private road or driveway.
(d) Upon an Interstate highway or fully access controlled freeway,
a vehicle may not be driven in the left lane, except when overtaking
and passing another vehicle.
(e) Subsection (d) of this Section does not apply:
(1) when no other vehicle is directly behind the
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| vehicle in the left lane;
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|
(2) when traffic conditions and congestion make it
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| impractical to drive in the right lane;
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|
(3) when snow and other inclement weather conditions
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| make it necessary to drive in the left lane;
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|
(4) when obstructions or hazards exist in the right
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|
(5) when a vehicle changes lanes to comply with
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| Sections 11-907, 11-907.5, and 11-908 of this Code;
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|
(6) when, because of highway design, a vehicle must
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| be driven in the left lane when preparing to exit;
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|
(7) on toll highways when necessary to use I-Pass,
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| and on toll and other highways when driving in the left lane is required to comply with an official traffic control device; or
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|
(8) to law enforcement vehicles, ambulances, and
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| other emergency vehicles engaged in official duties and vehicles engaged in highway maintenance and construction operations.
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|
(Source: P.A. 99-681, eff. 1-1-17 .)
|
(625 ILCS 5/11-703) (from Ch. 95 1/2, par. 11-703) Sec. 11-703. Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles
proceeding in the same direction, subject to those limitations, exceptions,
and special rules otherwise stated in this Chapter: (a) The driver of a vehicle overtaking another |
| vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. In no event shall such movement be made by driving off the pavement or the main traveled portion of the roadway.
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|
(b) Except when overtaking and passing on the right
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| is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
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|
(c) The driver of a 2 wheeled vehicle may not, in
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| passing upon the left of any vehicle proceeding in the same direction, pass upon the right of any vehicle proceeding in the same direction unless there is an unobstructed lane of traffic available to permit such passing maneuver safely.
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|
(d) The operator of a motor vehicle overtaking a
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| bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.
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|
(d-5) A driver of a motor vehicle overtaking a
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| bicycle proceeding in the same direction on a highway may, subject to the provisions in paragraph (d) of this Section and Section 11-706 of this Code, pass to the left of the bicycle on a portion of the highway designated as a no-passing zone under Section 11-707 of this Code if the driver is able to overtake and pass the bicycle when:
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|
(1) the bicycle is traveling at a speed of less
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| than half of the posted speed limit of the highway;
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|
(2) the driver is able to overtake and pass the
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| bicycle without exceeding the posted speed limit of the highway; and
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|
(3) there is sufficient distance to the left of
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| the centerline of the highway for the motor vehicle to meet the overtaking and passing requirements under this Section.
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|
(e) A person driving a motor vehicle shall not, in a
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| reckless manner, drive the motor vehicle unnecessarily close to, toward, or near a bicyclist, pedestrian, or a person riding a horse or driving an animal drawn vehicle.
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|
(f) Every person convicted of paragraph (e) of this
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| Section shall be guilty of a Class A misdemeanor if the violation does not result in great bodily harm or permanent disability or disfigurement to another. If the violation results in great bodily harm or permanent disability or disfigurement to another, the person shall be guilty of a Class 3 felony.
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|
(Source: P.A. 100-359, eff. 1-1-18 .)
|
(625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
Sec. 11-907. Operation of vehicles and streetcars on approach of authorized
emergency
vehicles. (a) Upon the immediate approach of an authorized emergency vehicle
making use of audible and visual signals meeting the requirements of this
Code or a police vehicle properly and lawfully making use of an audible
or visual signal:
(1) the driver of every other vehicle shall yield the |
| right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the highway clear of any intersection and shall, if necessary to permit the safe passage of the emergency vehicle, stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer; and
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|
(2) the operator of every streetcar shall immediately
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| stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer.
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|
(b) This Section shall not operate to relieve the driver of an
authorized emergency vehicle from the duty to drive with due regard for the
safety of all persons using the highway.
(c) Upon approaching a stationary authorized emergency vehicle, when the
authorized emergency vehicle is giving a signal by displaying alternately
flashing
red, red and white, blue, or red and blue lights or amber or yellow warning
lights, a
person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the
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| right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle; or
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|
(2) if changing lanes would be impossible or unsafe,
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| proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions and leaving a safe distance until safely past the stationary emergency vehicles.
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|
The visual signal specified under this subsection (c) given by an authorized emergency vehicle is an indication to drivers of approaching vehicles that a hazardous condition is present when circumstances are not immediately clear. Drivers of vehicles approaching a stationary emergency vehicle in any lane shall heed the warning of the signal, reduce the speed of the vehicle, proceed with due caution, maintain a safe speed for road conditions, be prepared to stop, and leave a safe distance until safely passed the stationary emergency vehicle.
As used in this subsection (c), "authorized emergency vehicle"
includes any vehicle authorized by law to be equipped with oscillating,
rotating, or flashing lights under Section 12-215 of this Code, while the owner
or operator of the vehicle is engaged in his or her official duties.
(d) A person who violates subsection (c) of this Section commits a business
offense punishable by a fine of not less than $250 or more than $10,000 for a first violation, and a fine of not less than $750 or more than $10,000 for a second or subsequent violation. It is a factor in
aggravation if the person committed the offense while in violation of Section
11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the penalties authorized by this subsection (d) for a violation of subsection (c) of this Section that results in the death of
another person does not preclude imposition of appropriate additional civil or criminal penalties. A person who violates subsection (c) and the violation results in damage to another vehicle commits a Class A misdemeanor. A person who violates subsection (c) and the violation results in the injury or death of another person commits a Class 4 felony.
(e) If a violation of subsection (c) of this Section results in damage to
the
property of another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for a fixed
period of not less than 90 days and not more than one year.
(f) If a violation of subsection (c) of this Section results in injury to
another
person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for a fixed period of not
less
than 180
days and not more than 2 years.
(g) If a violation of subsection (c) of this Section results in the death of
another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for 2 years.
(h) The Secretary of State shall, upon receiving a record of a judgment
entered against a person under subsection (c) of this Section:
(1) suspend the person's driving privileges for the
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|
(2) extend the period of an existing suspension by
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| the appropriate mandatory period.
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|
(i) The Scott's Law Fund shall be a special fund in the State treasury. Subject to appropriation by the General Assembly and approval by the Director, the Director of the State Police shall use all moneys in the Scott's Law Fund in the Department's discretion to fund the production of materials to educate drivers on approaching stationary authorized emergency vehicles, to hire off-duty Department of State Police for enforcement of this Section, and for other law enforcement purposes the Director deems necessary in these efforts.
(j) For violations of this Section issued by a county or municipal police officer, the assessment shall be deposited into the county's or municipality's Transportation Safety Highway Hire-back Fund. The county shall use the moneys in its Transportation Safety Highway Hire-back Fund to hire off-duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways. The county, in its discretion, may also use a portion of the moneys in its Transportation Safety Highway Hire-back Fund to purchase equipment for county law enforcement and fund the production of materials to educate drivers on construction zone safe driving habits and approaching stationary authorized emergency vehicles.
(k) In addition to other penalties imposed by this Section, the court may order a person convicted of a violation of subsection (c) to perform community service as determined by the court.
(Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22; 102-338, eff. 1-1-22; 102-813, eff. 5-13-22.)
|
(625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908) (Text of Section before amendment by P.A. 103-711 )
Sec. 11-908. Vehicle approaching or entering a highway construction or
maintenance
area or zone. (a) The driver of a vehicle shall yield the right-of-way to any
authorized vehicle or pedestrian actually engaged in work upon a highway
within any highway construction or maintenance area indicated by
official traffic-control devices.
(a-1) Upon entering a construction or maintenance zone
when workers are present, a
person who drives a vehicle shall:
(1) proceeding with due caution, make a lane change |
| into a lane not adjacent to that of the workers present, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle; or
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|
(2) proceeding with due caution, reduce the speed of
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| the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
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|
(a-2) A person who violates subsection (a-1) of this
Section commits a business
offense punishable by a fine of not less than $100 and not more than $25,000. It is a factor in
aggravation if the person committed the offense while in violation of Section
11-501 of this Code.
(a-3) If a violation of subsection (a-1) of this Section
results in damage to the property of another person, in addition to any other
penalty imposed,
the person's driving privileges shall be suspended for a fixed
period of not less than 90 days and not more than one year.
(a-4) If a violation of subsection (a-1) of this Section
results in injury to another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for a fixed period of not
less
than 180
days and not more than 2 years.
(a-5) If a violation of subsection (a-1) of this Section
results in the death of
another person, in addition to any other penalty imposed,
the person's driving privileges shall be suspended for 2 years.
(a-6) The Secretary of State shall, upon receiving a record of a judgment
entered against a person under subsection (a-1) of this
Section:
(1) suspend the person's driving privileges for the
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|
(2) extend the period of an existing suspension by
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| the appropriate mandatory period.
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|
(b) The driver of a vehicle shall yield the right-of-way to any
authorized vehicle obviously and actually engaged in work upon a highway
whenever the vehicle engaged in construction or maintenance work
displays flashing lights as provided in Section 12-215 of this Act.
(c) The driver of a vehicle shall stop if signaled to do so by a
flagger or a traffic control signal and remain in such position until
signaled to proceed. If a driver of a vehicle fails to stop when signaled
to do so by a flagger, the flagger is authorized to report such offense to
the State's Attorney or authorized prosecutor.
The penalties imposed for a violation of this subsection (c) shall be in
addition to any penalties imposed for a violation of subsection (a-1).
(Source: P.A. 100-201, eff. 8-18-17; 101-172, eff. 1-1-20 .)
(Text of Section after amendment by P.A. 103-711 )
Sec. 11-908. Vehicle approaching or entering a highway construction or maintenance area or zone.
(a) The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by official traffic-control devices.
(a-1) Upon entering a construction or maintenance zone when workers are present, a person who drives a vehicle shall:
(1) proceeding with due caution, yield the
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| right-of-way by making a lane change into a lane not adjacent to that of the workers present, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle, and reduce the speed of the vehicle to a speed that is reasonable and proper with regard to traffic conditions and the use of the highway to avoid a collision and leaving a safe distance until safely past the construction or maintenance zone; or
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|
(2) proceeding with due caution, reduce the speed of
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| the vehicle to a speed that is reasonable and proper with regard to traffic conditions and the use of the highway to avoid a collision until safely past the construction or maintenance zone, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
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|
(a-2) A person who violates subsection (a-1) of this Section commits a business offense punishable by a fine of not less than $100 and not more than $25,000. It is a factor in aggravation if the person committed the offense while in violation of Section 11-501 of this Code.
(a-3) If a violation of subsection (a-1) of this Section results in damage to the property of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 90 days and not more than one year.
(a-4) If a violation of subsection (a-1) of this Section results in injury to another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 180 days and not more than 2 years.
(a-5) If a violation of subsection (a-1) of this Section results in the death of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for 2 years.
(a-6) The Secretary of State shall, upon receiving a record of a judgment entered against a person under subsection (a-1) of this Section:
(1) suspend the person's driving privileges for the
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|
(2) extend the period of an existing suspension by
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| the appropriate mandatory period.
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|
(b) The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever the vehicle engaged in construction or maintenance work displays flashing lights as provided in Section 12-215 of this Act.
(c) The driver of a vehicle shall stop if signaled to do so by a flagger or a traffic control signal and remain in such position until signaled to proceed. If a driver of a vehicle fails to stop when signaled to do so by a flagger, the flagger is authorized to report such offense to the State's Attorney or authorized prosecutor. The penalties imposed for a violation of this subsection (c) shall be in addition to any penalties imposed for a violation of subsection (a-1).
(Source: P.A. 103-711, eff. 1-1-25.)
|
(625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
Sec. 11-1201. Obedience to signal indicating approach of train or railroad track equipment.
(a) Whenever any person driving a vehicle approaches a railroad grade
crossing where the driver is not always required to stop, the
person must
exercise due care and caution as the existence of
a railroad track across a highway is a warning of danger, and under any of
the circumstances stated in this Section, the driver shall stop within 50
feet but not less than 15 feet from the nearest rail of the railroad and
shall not proceed until the tracks are clear and he or she can do so
safely. The
foregoing requirements
shall apply when:
1. A clearly visible electric or mechanical signal |
| device gives warning of the immediate approach of a railroad train or railroad track equipment;
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|
2. A crossing gate is lowered or a human flagman
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| gives or continues to give a signal of the approach or passage of a railroad train or railroad track equipment;
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|
3. A railroad train or railroad track equipment
|
| approaching a highway crossing emits a warning signal and such railroad train or railroad track equipment, by reason of its speed or nearness to such crossing, is an immediate hazard;
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|
4. An approaching railroad train or railroad track
|
| equipment is plainly visible and is in hazardous proximity to such crossing;
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|
5. A railroad train or railroad track equipment is
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| approaching so closely that an immediate hazard is created.
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|
(a-1) Whenever any person driving a commercial motor vehicle, as defined in Section 6-500 of this Code, approaches a railroad grade crossing where the driver is not always required to stop, the person must exercise due care and caution as the existence of a railroad track across a highway is a warning of danger, and under any of the circumstances stated in this Section, the driver shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until the tracks are clear and he or she can do so safely. The foregoing requirements shall apply when:
1. A clearly visible electric or mechanical signal
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| device gives warning of the immediate approach of a railroad train or railroad track equipment;
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|
2. A crossing gate is lowered or a human flagman
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| gives or continues to give a signal of the approach or passage of a railroad train or railroad track equipment;
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|
3. A railroad train or railroad track equipment
|
| approaching a highway crossing emits a warning signal and such railroad train or railroad track equipment, by reason of its speed or nearness to such crossing, is an immediate hazard;
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|
4. An approaching railroad train or railroad track
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| equipment is plainly visible and is in hazardous proximity to such crossing;
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|
5. A railroad train or railroad track equipment is
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| approaching so closely that an immediate hazard is created.
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|
(a-5) Whenever a person driving a commercial motor vehicle, as defined in Section 6-500 of this Code, approaches a railroad grade
crossing where the driver is not always required to stop but must slow down,
the person must exercise due care and caution as the existence of a railroad
track across a highway is a warning of danger, and under any of the
circumstances stated in this Section, the driver shall slow down within 50 feet
but not less than 15 feet from the nearest rail of the railroad and shall not
proceed until he or she checks that the tracks are clear of an approaching
train or railroad track equipment.
(b) No person shall drive any vehicle through, around
or under any crossing gate or barrier at a railroad crossing
while such gate or barrier is closed or is being opened or closed.
(c) The Department, and local authorities with the
approval of the Department, are hereby authorized to designate
particularly dangerous highway grade crossings of railroads
and to erect stop signs thereat. When such stop signs
are erected the driver of any vehicle shall stop within 50
feet but not less than 15 feet from the nearest rail of such
railroad and shall proceed only upon exercising due care.
(d) At any railroad grade crossing provided with railroad crossbuck signs,
without automatic, electric, or mechanical signal devices, crossing gates, or a
human flagman giving a signal of the approach or passage of a train or railroad track equipment, the driver
of a vehicle shall in obedience to the railroad crossbuck sign, yield the
right-of-way and slow down to a speed reasonable for the existing conditions
and shall stop, if required for safety, at a clearly marked stopped line, or if
no stop line, within 50 feet but not less than 15 feet from the nearest rail of
the railroad and shall not proceed until he or she can do so safely. If a
driver is involved in a collision at a railroad crossing or interferes with the
movement of a train or railroad track equipment after driving past the railroad crossbuck sign, the
collision or interference is prima facie evidence of the driver's
failure to yield right-of-way.
(d-1) No person shall, while driving a commercial motor vehicle, fail to
negotiate
a railroad-highway grade railroad crossing because of insufficient
undercarriage
clearance.
(d-5) (Blank).
(e) It is unlawful to violate any part of this
Section.
(1) A violation of this Section is a petty offense
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| for which a fine of $500 shall be imposed for a first violation, and a fine of $1,000 shall be imposed for a second or subsequent violation. The court may impose 25 hours of community service in place of the $500 fine for the first violation.
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|
(2) For a second or subsequent violation, the
|
| Secretary of State may suspend the driving privileges of the offender for a minimum of 6 months.
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|
(f) Corporate authorities of municipal corporations
regulating operators of vehicles that fail to obey signals indicating the
presence,
approach, passage, or departure of a
train or railroad track equipment shall impose fines as established in subsection (e) of this Section.
(Source: P.A. 103-179, eff. 6-30-23.)
|
(625 ILCS 5/11-1201.1)
Sec. 11-1201.1. Automated railroad crossing enforcement system.
(a) For the purposes of this Section, an automated railroad grade crossing
enforcement system is a system in a municipality or county operated by a governmental agency that produces a recorded image of a motor vehicle's violation of a provision of this Code or local ordinance and is designed to obtain a clear recorded image of the vehicle and vehicle's license plate. The recorded image must also display the time, date, and location of the violation. As used in this Section, "recorded images" means images recorded by an automated railroad grade crossing enforcement system on: (1) 2 or more photographs; (2) 2 or more microphotographs; (3) 2 or more electronic images; or (4) a video recording showing the motor vehicle and, |
| on at least one image or portion of the recording, clearly identifying the registration plate or digital registration plate number of the motor vehicle.
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|
(b) The Illinois
Commerce Commission may, in cooperation with a
local law enforcement agency, establish in any county or municipality an automated
railroad grade crossing enforcement system at any railroad grade crossing equipped with a crossing gate designated by local authorities. Local authorities desiring the establishment of an automated railroad crossing enforcement system must initiate the process by enacting a local ordinance requesting the creation of such a system. After the ordinance has been enacted, and before any additional steps toward the establishment of the system are undertaken, the local authorities and the Commission must agree to a plan for obtaining, from any combination of federal, State, and local funding sources, the moneys required for the purchase and installation of any necessary equipment.
(b-1) (Blank).
(c) For each violation of Section 11-1201 of this Code or a local ordinance recorded by an automated railroad grade crossing enforcement system, the county or municipality having jurisdiction shall issue a written notice of the violation to the registered owner of the vehicle as the alleged violator. The notice shall be delivered to the registered owner of the vehicle, by mail, no later than 90 days after the violation.
The notice shall include:
(1) the name and address of the registered owner of
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|
(2) the registration number of the motor vehicle
|
| involved in the violation;
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|
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
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| date by which the civil penalty should be paid;
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|
(8) a statement that recorded images are evidence of
|
| a violation of a railroad grade crossing;
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|
(9) a warning that failure to pay the civil penalty
|
| or to contest liability in a timely manner is an admission of liability; and
|
|
(10) a statement that the person may elect to proceed
|
|
(A) paying the fine; or
(B) challenging the charge in court, by mail, or
|
| by administrative hearing.
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|
(d) (Blank).
(d-1) (Blank).
(d-2) (Blank).
(e) Based on inspection of recorded images produced by an automated railroad grade crossing enforcement system, a notice alleging that the violation occurred shall be evidence of the facts contained in the notice and admissible in any proceeding alleging a violation under this Section.
(e-1) Recorded images made by an automated railroad grade crossing enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating a violation of this Section, for statistical purposes, or for other governmental purposes. Any recorded image evidencing a violation of this Section, however, may be admissible in any proceeding resulting from the issuance of the citation.
(e-2) The court or hearing officer may consider the following in the defense of a violation:
(1) that the motor vehicle or registration plates or
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| digital registration plates of the motor vehicle were stolen before the violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation;
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(1.5) that the motor vehicle was hijacked before
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| the violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation;
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(2) that the driver of the motor vehicle received a
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| Uniform Traffic Citation from a police officer at the time of the violation for the same offense;
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(3) any other evidence or issues provided by
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| municipal or county ordinance.
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(e-3) To demonstrate that the motor vehicle was hijacked or the motor vehicle or registration plates or digital registration plates were stolen before the violation occurred and were not under the control or possession of the owner or lessee at the time of the violation, the owner or lessee must submit proof that a report concerning the motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.
(f) Rail crossings equipped with an automatic railroad grade crossing
enforcement system shall be posted with a sign visible to approaching traffic
stating that the railroad grade crossing is being monitored, that citations
will be issued, and the amount of the fine for violation.
(g) The compensation paid for an automated railroad grade crossing enforcement system must be based on the value of the equipment or the services provided and may not be based on the number of citations issued or the revenue generated by the system.
(h) (Blank).
(i) If any part or parts of this Section are held by a court of competent
jurisdiction to be unconstitutional, the unconstitutionality shall not affect
the validity of the remaining parts of this Section. The General Assembly
hereby declares that it would have passed the remaining parts of this Section
if it had known that the other part or parts of this Section would be declared
unconstitutional.
(j) Penalty. A civil fine of
$250 shall be imposed for a first violation of this Section, and a civil fine of $500 shall be
imposed for a second or subsequent violation of this Section.
(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; 102-813, eff. 5-13-22; 102-905, eff. 1-1-23 .)
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