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91_HB4480
LRB9112204DHmb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 6-514, 6-517, and 6-520.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 6-514, 6-517, and 6-520 as follows:
7 (625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
8 Sec. 6-514. Commercial Driver's License (CDL) -
9 Disqualifications.
10 (a) A person shall be disqualified from driving a
11 commercial motor vehicle for a period of not less than 12
12 months for the first violation of:
13 (1) Refusing to submit to or failure to complete a
14 test or tests to determine the driver's blood
15 concentration of alcohol, other drug, or both, while
16 driving a commercial motor vehicle; or
17 (2) Operating a commercial motor vehicle in the
18 course of his or her employment while the alcohol
19 concentration of the person's blood, breath or urine is
20 more than 0.00 at least 0.04, or any amount of a drug,
21 substance, or compound in the person's blood or urine
22 resulting from the unlawful use or consumption of
23 cannabis listed in the Cannabis Control Act or a
24 controlled substance listed in the Illinois Controlled
25 Substances Act as indicated by a police officer's sworn
26 report or other verified evidence provided that the
27 individual's blood alcohol concentration did not result
28 from the consumption of alcohol in the performance of a
29 religious service or ceremony or from the ingestion of
30 the prescribed or recommended dosage of a medicine that
31 contained alcohol; or
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1 (3) Conviction for a first violation of:
2 (i) Driving a commercial motor vehicle while
3 under the influence of alcohol, or any other drug,
4 or combination of drugs to a degree which renders
5 such person incapable of safely driving; or
6 (ii) Knowingly and wilfully leaving the scene
7 of an accident while operating a commercial motor
8 vehicle; or
9 (iii) Driving a commercial motor vehicle while
10 committing any felony.
11 If any of the above violations or refusals occurred
12 while transporting hazardous material(s) required to be
13 placarded, the person shall be disqualified for a period
14 of not less than 3 years.
15 (b) A person is disqualified for life for a second
16 conviction of any of the offenses specified in paragraph (a),
17 or any combination of those offenses, arising from 2 or more
18 separate incidents.
19 (c) A person is disqualified from driving a commercial
20 motor vehicle for life who uses a commercial motor vehicle in
21 the commission of any felony involving the manufacture,
22 distribution, or dispensing of a controlled substance, or
23 possession with intent to manufacture, distribute or dispense
24 a controlled substance.
25 (d) The Secretary of State may, when the United States
26 Secretary of Transportation so authorizes, issue regulations
27 in which a disqualification for life under paragraph (b) may
28 be reduced to a period of not less than 10 years. If a
29 reinstated driver is subsequently convicted of another
30 disqualifying offense, as specified in subsection (a) of this
31 Section, he or she shall be permanently disqualified for life
32 and shall be ineligible to again apply for a reduction of the
33 lifetime disqualification.
34 (e) A person is disqualified from driving a commercial
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1 motor vehicle for a period of not less than 2 months if
2 convicted of 2 serious traffic violations, committed in a
3 commercial motor vehicle, arising from separate incidents,
4 occurring within a 3 year period. However, a person will be
5 disqualified from driving a commercial motor vehicle for a
6 period of not less than 4 months if convicted of 3 serious
7 traffic violations, committed in a commercial motor vehicle,
8 arising from separate incidents, occurring within a 3 year
9 period.
10 (f) Notwithstanding any other provision of this Code,
11 any driver disqualified from operating a commercial motor
12 vehicle, pursuant to this UCDLA, shall not be eligible for
13 restoration of commercial driving privileges during any such
14 period of disqualification.
15 (g) After suspending, revoking, or cancelling a
16 commercial driver's license, the Secretary of State must
17 update the driver's records to reflect such action within 10
18 days. After suspending or revoking the driving privilege of
19 any person who has been issued a CDL or commercial driver
20 instruction permit from another jurisdiction, the Secretary
21 shall originate notification to such issuing jurisdiction
22 within 10 days.
23 (h) The "disqualifications" referred to in this Section
24 shall not be imposed upon any commercial motor vehicle
25 driver, by the Secretary of State, unless the prohibited
26 action(s) occurred after March 31, 1992.
27 (i) A person is disqualified from driving a commercial
28 motor vehicle in accordance with the following:
29 (1) For 6 months upon a first conviction of
30 paragraph (2) of subsection (b) of Section 6-507 of this
31 Code.
32 (2) For one year upon a second conviction of
33 paragraph (2) of subsection (b) of Section 6-507 of this
34 Code within a 10-year period.
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1 (3) For 3 years upon a third or subsequent
2 conviction of paragraph (2) of subsection (b) of Section
3 6-507 of this Code within a 10-year period.
4 (4) For one year upon a first conviction of
5 paragraph (3) of subsection (b) of Section 6-507 of this
6 Code.
7 (5) For 3 years upon a second conviction of
8 paragraph (3) of subsection (b) of Section 6-507 of this
9 Code within a 10-year period.
10 (6) For 5 years upon a third or subsequent
11 conviction of paragraph (3) of subsection (b) of Section
12 6-507 of this Code within a 10-year period.
13 (Source: P.A. 89-245, eff. 1-1-96; 90-422, eff. 1-1-98.)
14 (625 ILCS 5/6-517) (from Ch. 95 1/2, par. 6-517)
15 Sec. 6-517. Commercial driver; implied consent warnings.
16 (a) Any person driving a commercial motor vehicle in the
17 course of his or her employment who is requested by a police
18 officer, pursuant to Section 6-516, to submit to a chemical
19 test or tests to determine the alcohol concentration or any
20 amount of a drug, substance, or compound resulting from the
21 unlawful use or consumption of cannabis listed in the
22 Cannabis Control Act or a controlled substance listed in the
23 Illinois Controlled Substances Act in such person's system,
24 must be warned by the police officer requesting the test or
25 tests that a refusal to submit to the test or tests will
26 result in that person being immediately placed out-of-service
27 for a period of 24 hours and being disqualified from
28 operating a commercial motor vehicle for a period of not less
29 than 12 months; the person shall also be warned that if such
30 person submits to testing which discloses an alcohol
31 concentration of greater than 0.00 but less than 0.04 or any
32 amount of a drug, substance, or compound in such person's
33 blood or urine resulting from the unlawful use or consumption
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1 of cannabis listed in the Cannabis Control Act or a
2 controlled substance listed in the Illinois Controlled
3 Substances Act, such person shall be placed immediately
4 out-of-service for a period of 24 hours; if the person
5 submits to testing which discloses an alcohol concentration
6 of 0.04 or more than 0.00 or any amount of a drug, substance,
7 or compound in such person's blood or urine resulting from
8 the unlawful use or consumption of cannabis listed in the
9 Cannabis Control Act or a controlled substance listed in the
10 Illinois Controlled Substances Act, such person shall be
11 placed immediately out-of-service and disqualified from
12 driving a commercial motor vehicle for a period of at least
13 12 months; also the person shall be warned that if such
14 testing discloses an alcohol concentration of 0.08, or more
15 than 0.00 or any amount of a drug, substance, or compound in
16 such person's blood or urine resulting from the unlawful use
17 or consumption of cannabis listed in the Cannabis Control Act
18 or a controlled substance listed in the Illinois Controlled
19 Substances Act, in addition to the person being immediately
20 placed out-of-service and disqualified for 12 months as
21 provided in this UCDLA, the results of such testing shall
22 also be admissible in prosecutions for violations of Section
23 11-501 of this Code, or similar violations of local
24 ordinances, however, such results shall not be used to impose
25 any driving sanctions pursuant to Section 11-501.1 of this
26 Code.
27 The person shall also be warned that any disqualification
28 imposed pursuant to this Section, shall be for life for any
29 such offense or refusal, or combination thereof; including a
30 conviction for violating Section 11-501 while driving a
31 commercial motor vehicle, or similar provisions of local
32 ordinances, committed a second time involving separate
33 incidents.
34 (b) If the person refuses or fails to complete testing,
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1 or submits to a test which discloses an alcohol concentration
2 of more than 0.00 at least 0.04, or any amount of a drug,
3 substance, or compound in such person's blood or urine
4 resulting from the unlawful use or consumption of cannabis
5 listed in the Cannabis Control Act or a controlled substance
6 listed in the Illinois Controlled Substances Act, the law
7 enforcement officer must submit a Sworn Report to the
8 Secretary of State, in a form prescribed by the Secretary,
9 certifying that the test or tests was requested pursuant to
10 paragraph (a); that the person was warned, as provided in
11 paragraph (a) and that such person refused to submit to or
12 failed to complete testing, or submitted to a test which
13 disclosed an alcohol concentration of 0.04 or more than 0.00,
14 or any amount of a drug, substance, or compound in such
15 person's blood or urine resulting from the unlawful use or
16 consumption of cannabis listed in the Cannabis Control Act or
17 a controlled substance listed in the Illinois Controlled
18 Substances Act.
19 (c) The police officer submitting the Sworn Report under
20 this Section shall serve notice of the CDL disqualification
21 on the person and such CDL disqualification shall be
22 effective as provided in paragraph (d). In cases where the
23 blood alcohol concentration of 0.04 or more than 0.00, or any
24 amount of a drug, substance, or compound in such person's
25 blood or urine resulting from the unlawful use or consumption
26 of cannabis listed in the Cannabis Control Act or a
27 controlled substance listed in the Illinois Controlled
28 Substances Act, is established by subsequent analysis of
29 blood or urine collected at the time of the request, the
30 police officer shall give notice as provided in this Section
31 or by deposit in the United States mail of such notice as
32 provided in this Section or by deposit in the United States
33 mail of such notice in an envelope with postage prepaid and
34 addressed to such person's domiciliary address as shown on
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1 the Sworn Report and the CDL disqualification shall begin as
2 provided in paragraph (d).
3 (d) The CDL disqualification referred to in this Section
4 shall take effect on the 46th day following the date the
5 Sworn Report was given to the affected person.
6 (e) Upon receipt of the Sworn Report from the police
7 officer, the Secretary of State shall disqualify the person
8 from driving any commercial motor vehicle and shall confirm
9 the CDL disqualification by mailing the notice of the
10 effective date to the person. However, should the Sworn
11 Report be defective by not containing sufficient information
12 or be completed in error, the confirmation of the CDL
13 disqualification shall not be mailed to the affected person
14 or entered into the record, instead the Sworn Report shall be
15 forwarded to the issuing agency identifying any such defect.
16 (f) An individual whose blood alcohol concentration is
17 shown to be more than 0.00 does not violate this Section if
18 the individual's blood alcohol concentration resulted from
19 the consumption of alcohol in the performance of a religious
20 service or ceremony or from the ingestion of the prescribed
21 or recommended dosage of a medicine that contained alcohol.
22 (Source: P.A. 90-43, eff. 7-2-97; 91-357, eff. 7-29-99.)
23 (625 ILCS 5/6-520) (from Ch. 95 1/2, par. 6-520)
24 Sec. 6-520. CDL disqualification or out-of-service
25 order; hearing.
26 (a) A disqualification of commercial driving privileges
27 by the Secretary of State, pursuant to this UCDLA, shall not
28 become effective until the person is notified in writing, by
29 the Secretary, of the impending disqualification and advised
30 that a CDL hearing may be requested.
31 (b) Upon receipt of the notice of a CDL disqualification
32 not based upon a conviction, an out-of-service order, or
33 notification that a CDL disqualification is forthcoming, the
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1 person may make a written petition in a form, approved by the
2 Secretary of State, for a CDL hearing. Such petition must
3 state the grounds upon which the person seeks to have the CDL
4 disqualification rescinded or the out-of-service order
5 removed from the person's driving record. Within 10 days
6 after the receipt of such petition, it shall be reviewed by
7 the Director of the Department of Administrative Hearings,
8 Office of the Secretary of State, or by an appointed
9 designee. If it is determined that the petition on its face
10 does not state grounds upon which the relief may be based,
11 the petition for a CDL hearing shall be denied and the
12 disqualification shall become effective as if no petition had
13 been filed and the out-of-service order shall be sustained.
14 If such petition is so denied, the person may submit another
15 petition.
16 (c) The scope of a CDL hearing, for any disqualification
17 imposed pursuant to paragraphs (1) and (2) of subsection (a)
18 of Section 6-514 shall be limited to the following issues:
19 1. Whether the person was operating a commercial
20 motor vehicle in the course of his or her employment;
21 2. Whether, after making the initial stop, the
22 police officer had probable cause to issue a Sworn
23 Report;
24 3. Whether the person was verbally warned of the
25 ensuing consequences prior to submitting to any type of
26 chemical test or tests to determine such person's blood
27 concentration of alcohol, other drug, or both;
28 4. Whether the person did refuse to submit to or
29 failed to complete the chemical testing or did submit to
30 such test or tests and such test or tests disclosed an
31 alcohol concentration of more than 0.00 at least 0.04 or
32 any amount of a drug, substance, or compound resulting
33 from the unlawful use or consumption of cannabis listed
34 in the Cannabis Control Act or a controlled substance
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1 listed in the Illinois Controlled Substances Act in the
2 person's system;
3 5. Whether the person was warned that if the test
4 or tests disclosed an alcohol concentration of 0.08 or
5 more than 0.00 or any amount of a drug, substance, or
6 compound resulting from the unlawful use or consumption
7 of cannabis listed in the Cannabis Control Act or a
8 controlled substance listed in the Illinois Controlled
9 Substances Act, such results could be admissible in a
10 subsequent prosecution under Section 11-501 of this Code
11 or similar provision of local ordinances; and
12 6. Whether such results could not be used to impose
13 any driver's license sanctions pursuant to Section
14 11-501.1; and.
15 7. Whether the individual's blood alcohol
16 concentration resulted from the consumption of alcohol in
17 the performance of a religious service or ceremony or
18 from the ingestion of the prescribed or recommended
19 dosage of a medicine that contained alcohol.
20 Upon the conclusion of the above CDL hearing, the CDL
21 disqualification imposed shall either be sustained or
22 rescinded.
23 (d) The scope of a CDL hearing for any out-of-service
24 sanction, imposed pursuant to Section 6-515, shall be limited
25 to the following issues:
26 1. Whether the person was driving a commercial
27 motor vehicle in the course of his or her employment;
28 2. Whether, while driving such commercial motor
29 vehicle in the course of his or her employment, the
30 person had alcohol or any amount of a drug, substance, or
31 compound resulting from the unlawful use or consumption
32 of cannabis listed in the Cannabis Control Act or a
33 controlled substance listed in the Illinois Controlled
34 Substances Act in such person's system;
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1 3. Whether the person was verbally warned of the
2 ensuing consequences prior to being asked to submit to
3 any type of chemical test or tests to determine such
4 person's alcohol, other drug, or both, concentration; and
5 4. Whether, after being so warned, the person did
6 refuse to submit to or failed to complete such chemical
7 test or tests or did submit to such test or tests and
8 such test or tests disclosed an alcohol concentration
9 greater than 0.00 or any amount of a drug, substance, or
10 compound resulting from the unlawful use or consumption
11 of cannabis listed in the Cannabis Control Act or a
12 controlled substance listed in the Illinois Controlled
13 Substances Act; and.
14 5. Whether the individual's blood alcohol
15 concentration resulted from the consumption of alcohol in
16 the performance of a religious service or ceremony or
17 from the ingestion of the prescribed or recommended
18 dosage of a medicine that contained alcohol.
19 Upon the conclusion of the above CDL hearing, the
20 out-of-service sanction shall either be sustained or removed
21 from the person's driving record.
22 (e) If any person petitions for a hearing relating to
23 any CDL disqualification based upon a conviction, as defined
24 in this UCDLA, said hearing shall not be conducted as a CDL
25 hearing, but shall be conducted as any other driver's license
26 hearing, whether formal or informal, as promulgated in the
27 rules and regulations of the Secretary.
28 (f) Any evidence of alcohol or other drug consumption,
29 for the purposes of this UCDLA, shall be sufficient probable
30 cause for requesting the driver to submit to a chemical test
31 or tests to determine the presence of alcohol, other drug, or
32 both in the person's system and the subsequent issuance of an
33 out-of-service order or a Sworn Report by a police officer.
34 (g) For the purposes of this UCDLA, a CDL "hearing"
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1 shall mean a hearing before the Office of the Secretary of
2 State in accordance with Section 2-118 of this Code, for the
3 purpose of resolving differences or disputes specifically
4 related to the scope of the issues identified in this
5 Section. These proceedings will be a matter of record and a
6 final appealable order issued. The petition for a CDL
7 hearing shall not stay or delay the effective date of the
8 impending disqualification.
9 (h) The CDL hearing may be conducted upon a review of
10 the police officer's own official reports; provided however,
11 that the petitioner may subpoena the officer. Failure of the
12 officer to answer the subpoena shall be grounds for a
13 continuance.
14 (i) An individual whose blood alcohol concentration is
15 shown to be more than 0.00 does not violate this Section if
16 the individual's blood alcohol concentration resulted from
17 the consumption of alcohol in the performance of a religious
18 service or ceremony or from the ingestion of the prescribed
19 or recommended dosage of a medicine that contained alcohol.
20 (Source: P.A. 90-43, eff. 7-2-97; 91-357, eff. 7-29-99.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.