State of Illinois
91st General Assembly
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Public Act 91-0828

SB1861 Enrolled                                LRB9110864DHks

    AN ACT concerned with driving while under  the  influence
of alcohol or other drugs.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The  Illinois  Vehicle  Code  is  amended  by
changing Sections 6-106.1a, 11-501.2, 11-501.5, 11-501.6, and
11-501.8 as follows:

    (625 ILCS 5/6-106.1a)
    Sec. 6-106.1a.  Cancellation of school bus driver permit;
trace of alcohol.
    (a)  A  person  who  has  been issued a school bus driver
permit by the Secretary of State in accordance  with  Section
6-106.1  of this Code and who drives or is in actual physical
control of a  school  bus  or  any  other  vehicle  owned  or
operated  by  or  for a public or private school, or a school
operated by a religious  institution,  when  the  vehicle  is
being   used  over  a  regularly  scheduled   route  for  the
transportation of persons enrolled as students in grade 12 or
below, in  connection  with  any  activity  of  the  entities
listed,   upon  the  public  highways  of this State shall be
deemed to have given consent to a chemical test or  tests  of
blood,  breath,  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 this 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.  A urine test  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refusal,  shall  be  deemed not to have withdrawn the consent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:
         (1)  Chemical analysis of the person's blood, urine,
    breath, or other substance,  to be considered valid under
    the  provisions  of  this  Section,   shall   have   been
    performed  according  to  standards  promulgated  by  the
    Department  of  Public  Health,  in consultation with the
    Department of State Police, by an individual possessing a
    valid permit issued by the  Department  of  State  Police
    Public  Health  for  this purpose.  The Director of State
    Police Public Health, in consultation with the Department
    of 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 the  Department  of  State
    Police  Public  Health,  and  to  certify the accuracy of
    breath testing equipment.  The Department of State Police
    Public Health shall prescribe rules as necessary.
         (2)  When a person submits to a blood  test  at  the
    request of a law enforcement officer under the provisions
    of  this Section, only a physician authorized to practice
    medicine, 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. This limitation  does
    not apply to the taking of  breath or urine specimens.
         (3)  The   person   tested  may  have  a  physician,
    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 test administered at  the  request  of  the
    person  may  be  admissible  into  evidence  at a hearing
    conducted in accordance with Section 2-118 of this  Code.
    The  failure or inability to obtain an additional test by
    a person shall not  preclude  the  consideration  of  the
    previously performed chemical test.
         (4)  Upon  a  request of the person who submits to 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 that
    person's  attorney  by  the  requesting  law  enforcement
    agency within 72 hours of receipt of the test result.
         (5)  Alcohol concentration  means  either  grams  of
    alcohol  per 100 milliliters of blood or grams of alcohol
    per 210 liters of breath.
         (6)  If a driver is receiving medical treatment as a
    result of a motor vehicle accident, a physician  licensed
    to   practice   medicine,   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.
    (c)  A person requested to submit to a test  as  provided
in  this  Section  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  possess  a  school  bus driver
permit.  The loss of the individual's privilege to possess  a
school  bus driver permit shall be imposed in accordance with
Section 6-106.1b of this Code.
    (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 who has been issued a school bus driver permit
and who was operating a school bus or any other vehicle owned
or operated by or for a public or private school, or a school
operated by a religious  institution,  when  the  vehicle  is
being   used   over  a  regularly  scheduled  route  for  the
transportation of persons enrolled as students in grade 12 or
below, in connection with    any  activity  of  the  entities
listed,  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 the alcohol concentration at
which driving or being in actual physical control of a  motor
vehicle  is  prohibited under paragraph (1) of subsection (a)
of Section 11-501.
    Upon receipt of the sworn report  of  a  law  enforcement
officer,  the  Secretary  of State shall enter the school bus
driver permit sanction on the individual's driving record and
the sanction shall be effective on the 46th day following the
date notice of the sanction was given to the person.
    The law enforcement officer submitting the  sworn  report
shall serve immediate notice of this school bus driver permit
sanction on the person and the sanction 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 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 or her last known
address and the loss of the school bus driver permit 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
school bus driver permit  sanction  to  the  driver  and  the
driver's   current  employer  by  mailing  a  notice  of  the
effective date of the sanction to the  individual.   However,
shall  the  sworn  report  be  defective  by  not  containing
sufficient  information  or be completed in error, the notice
of the school bus driver permit sanction may not be mailed to
the person or his current employer 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 school bus driver permit
sanction 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 believe that the  person  was  driving  or  in  actual
    physical  control  of  a  school bus or any other vehicle
    owned or operated by or for a public or  private  school,
    or  a    school operated by a religious institution, when
    the vehicle is being  used  over  a  regularly  scheduled
    route  for  the  transportation  of  persons  enrolled as
    students in grade 12 or below,  in  connection  with  any
    activity of the entities listed, 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 this
    Code or a similar provision of a local ordinance; and
         (2)  whether the person was issued a Uniform Traffic
    Ticket  for  any  violation  of  this  Code  or a similar
    provision of a local ordinance; and
         (3)  whether the police officer had  probable  cause
    to 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
         (4)  whether the person, after being advised by  the
    officer that the privilege to possess a school bus driver
    permit  would be canceled 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
         (5)  whether the person, after being advised by  the
    officer  that  the  privileges  to  possess  a school bus
    driver permit would be canceled if the person submits  to
    a  chemical  test or tests and the test or tests disclose
    an alcohol concentration of  more  than  0.00  and    the
    person  did submit to and complete the test or tests that
    determined an alcohol concentration of  more  than  0.00;
    and
         (6)  whether   the   test   result   of  an  alcohol
    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
         (7)  whether  the  test   result   of   an   alcohol
    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.
    The  Secretary  of  State  may adopt administrative rules
setting forth circumstances  under  which  the  holder  of  a
school  bus driver permit is not required to appear in person
at the hearing.
    Provided that the petitioner may  subpoena  the  officer,
the  hearing  may  be    conducted  upon  a review of the law
enforcement officer's own official reports.  Failure  of  the
officer  to  answer  the  subpoena  shall  be  grounds  for a
continuance if, in  the  hearing  officer's  discretion,  the
continuance is appropriate.  At the conclusion of the hearing
held under Section 2-118 of this Code, the Secretary of State
may  rescind,  continue,  or  modify    the school bus driver
permit sanction.
    (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  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.
    (g)  This  Section  applies only to drivers who have been
issued a school bus driver permit in accordance with  Section
6-106.1  of  this  Code  at  the  time of the issuance of the
Uniform Traffic Ticket for a violation  of  this  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,   canceling,   or   denying  any  license,  permit,
registration, or certificate of title  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. 90-107, eff. 1-1-98; 91-124, eff. 7-16-99.)

    (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
    Department of Public  Health  in  consultation  with  the
    Department  of  State  Police  by  a  licensed physician,
    registered nurse, trained phlebotomist acting  under  the
    direction  of  a licensed physician, certified paramedic,
    or other individual possessing a valid permit  issued  by
    that  Department  for  this purpose.  The Director of the
    Department of Public  Health  in  consultation  with  the
    Department  of  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 Department of State Police Public
    Health  shall  prescribe  regulations  as  necessary   to
    implement this Section.
         2.  When  a  person  in this State shall submit to a
    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  registered
    nurse,  trained  phlebotomist, or certified paramedic, or
    other qualified person  approved  by  the  Department  of
    State  Police  Public  Health  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 or urine specimens.
         When a blood test of a person who has been taken  to
    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  registered  nurse,  a
    trained  phlebotomist  acting  under the direction of the
    physician, or certified 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 Department  of  State  Police
    Public Health for that purpose.
         3.  The  person  tested  may  have a physician, or a
    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.
         4.  Upon  the request of the person who shall submit
    to 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.
         5.  Alcohol concentration shall mean either grams of
    alcohol per 100 milliliters of blood or grams of  alcohol
    per 210 liters of breath.

    (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 of 0.05 or less, it shall be presumed  that
    the person was not under the influence of alcohol.
         2.  If   there   was   at   that   time  an  alcohol
    concentration 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.
         3.  If  there  was   at   that   time   an   alcohol
    concentration  of 0.08 or more, it shall be presumed that
    the person was under the influence of alcohol.
         4.  The foregoing provisions of this  Section  shall
    not  be  construed  as  limiting  the introduction of any
    other relevant evidence bearing upon the question whether
    the person was under the influence of alcohol.

    (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,  that  person shall submit, upon the
    request of a law enforcement officer, to a chemical  test
    or  tests  of  his  or her blood, breath 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
    accident 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.
(Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)

    (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
    Sec. 11-501.5.  Preliminary Breath Screening Test.   If a
law  enforcement  officer has reasonable suspicion to believe
that a person is violating or has violated Section 11-501  or
a  similar provision of a local ordinance, the officer, prior
to an arrest, may request the person to provide a  sample  of
his  or  her  breath  for a preliminary breath screening test
using a portable device approved by the Department  of  State
Police Public Health.  The results of this preliminary breath
screening test may be used by the law enforcement officer for
the purpose of assisting with the determination of whether to
require a chemical test as authorized under Sections 11-501.1
and  11-501.2,  and  the appropriate type of test to request.
Any chemical test  authorized  under  Sections  11-501.1  and
11-501.2  may  be  requested by the officer regardless of the
result of the preliminary breath screening test, if  probable
cause  for  an  arrest  exists.   The result of a preliminary
breath screening  test  may  be  used  by  the  defendant  as
evidence  in any administrative or court proceeding involving
a violation of Section 11-501 or 11-501.1.
(Source: P.A. 88-169.)
    (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 accident - 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
accident,  shall  be deemed to have given consent to a breath
test using a portable device as approved by the Department of
State Police Public Health or to a chemical test or tests  of
blood,  breath,  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.  A  urine
test 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 accident, any physician licensed to
practice  medicine, 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  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, or an intoxicating compound listed in the Use
of Intoxicating Compounds Act as detected  in  such  person's
blood or urine, may result in the suspension of such person's
privilege  to  operate  a  motor  vehicle.  The length of the
suspension shall be the same as outlined in  Section  6-208.1
of this Code regarding statutory summary suspensions.
    (d)  If  the  person 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
such person's blood 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, or an intoxicating compound listed in the Use
of Intoxicating Compounds 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 pursuant to 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  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,  or  an
intoxicating  compound  listed  in  the  Use  of Intoxicating
Compounds Act.
    Upon receipt of the sworn report  of  a  law  enforcement
officer,  the  Secretary  shall  enter  the suspension to the
individual's driving  record  and  the  suspension  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  shall  be  effective  on  the 46th day
following the date notice was given.
    In cases 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,
or an intoxicating compound listed in the Use of Intoxicating
Compounds Act, is established by  a  subsequent  analysis  of
blood 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  address  as  shown on the Uniform Traffic Ticket and the
suspension 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 to the driver by mailing a notice of the effective
date  of  the  suspension 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 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  driving
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
order  of  suspension.  If the Secretary does not rescind the
order, 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.
    (f)  (Blank).
    (g)  For  the purposes of this Section, a personal injury
shall include any type A injury as indicated on  the  traffic
accident  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.  90-43,  eff.  7-2-97;  90-779,  eff.  1-1-99;
91-357, eff. 7-29-99.)

    (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, 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.  A urine  test 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
    Department  of  Public  Health  in  consultation with the
    Department of State Police by an individual possessing  a
    valid  permit issued by that Department for this purpose.
    The Director of  the  Department  of  Public  Health,  in
    consultation  with  the  Department  of  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 Department of
    State Police Public Health shall prescribe regulations as
    necessary.
         (ii)  When a person submits to a blood test  at  the
    request of a law enforcement officer under the provisions
    of  this Section, only a physician authorized to practice
    medicine, 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 or
    urine specimens.
         (iii)  The  person  tested  may  have  a  physician,
    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.
         (iv)  Upon a request of the person who submits to  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  that
    person's attorney.
         (v)  Alcohol  concentration  means  either  grams of
    alcohol per 100 milliliters of blood or grams of  alcohol
    per 210 liters of breath.
         (vi)  If  a driver is receiving medical treatment as
    a  result  of  a  motor  vehicle  accident,  a  physician
    licensed to practice medicine, 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.
    (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.  The  loss  of  driving
privileges  shall  be  imposed  in  accordance  with  Section
6-208.2 of this Code.
    (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 driver's
license sanction on the individual's driving record  and  the
sanctions  shall  be  effective on the 46th day following the
date notice of the sanction was given to the person.  If this
sanction  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.
    The  law  enforcement officer submitting the sworn report
shall  serve  immediate  notice  of  this  driver's   license
sanction on the person and the sanction 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 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
driver's license sanction to the driver by mailing  a  notice
of  the  effective  date  of  the sanction to the individual.
However,  should  the  sworn  report  be  defective  by   not
containing  sufficient  information or be completed in error,
the notice of the driver's license sanction may 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 driver's license  sanction
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  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
         (2)  whether the person was issued a Uniform Traffic
    Ticket for any violation of the Illinois Vehicle Code  or
    a similar provision of a local ordinance; and
         (3)  whether  the  police officer had probable cause
    to 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
         (4)  whether the person, after being advised by  the
    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
         (5)  whether the person, after being advised by  the
    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
         (6)  whether  the  test   result   of   an   alcohol
    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
         (7)  whether   the   test   result   of  an  alcohol
    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.
    Provided that the petitioner may  subpoena  the  officer,
the  hearing  may  be  conducted  upon  a  review  of the law
enforcement officer's own official reports.  Failure  of  the
officer  to  answer  the  subpoena  shall  be  grounds  for a
continuance if, in  the  hearing  officer's  discretion,  the
continuance  is  appropriate.    At  the  conclusion  of  the
hearing  held under Section 2-118 of this Code, the Secretary
of State  may  rescind,  continue,  or  modify  the  driver's
license sanction.  If the Secretary of State does not rescind
the  sanction,  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 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  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.
    (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, or denying any license,  permit,  registration,  or
certificate  of  title 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. 90-43, eff. 7-2-97; 91-357, eff. 7-29-99.)

    Section  10.  The  Snowmobile Registration and Safety Act
is amended by changing Section 5-7.5 as follows:

    (625 ILCS 40/5-7.5)
    Sec. 5-7.5.  Preliminary breath screening test.  If a law
enforcement officer has probable  cause  to  believe  that  a
person  is violating or has violated Section 5-7 or a similar
provision of  a  local  ordinance,  the  officer,  before  an
arrest,  may request the person to provide a sample of his or
her breath for a preliminary breath screening  test  using  a
portable  device  approved  by the Department of State Police
Public  Health.   The  results  of  this  preliminary  breath
screening test may be used by the law enforcement officer for
the purpose of assisting with the determination of whether to
require a chemical test, as authorized under  Sections  5-7.1
and  5-7.2  and the appropriate type of test to request.  Any
chemical test authorized under Sections 5-7.1 and  5-7.2  may
be  requested  by the officer regardless of the result of the
preliminary breath screening test if probable  cause  for  an
arrest  exists.  The result of a preliminary breath screening
test  may  be  used  by  the  defendant  as  evidence  in  an
administrative or court proceeding involving a  violation  of
Section 5-7 or 5-7.1.
(Source: P.A. 89-55, eff. 1-1-96; 89-626, eff. 8-9-96.)

    Section  15.  The  Boat  Registration  and  Safety Act is
amended by changing Sections 5-16b and 6-1 as follows:

    (625 ILCS 45/5-16b) (from Ch. 95 1/2, par. 315-11b)
    Sec. 5-16b.  Preliminary breath screening test.  If a law
enforcement officer has reasonable suspicion to believe  that
a  person  is  violating  or  has  violated Section 5-16 or a
similar provision of a local ordinance, the   officer,  prior
to  an  arrest, may request the person to provide a sample of
his or her breath for a  preliminary  breath  screening  test
using  a  portable device approved by the Department of State
Police Public Health.  The results of this preliminary breath
screening test may be used by the law enforcement officer for
the purpose of assisting with the determination of whether to
require a chemical test as authorized under Section 5-16  and
the  appropriate  type of test to request.  Any chemical test
authorized under Section 5-16 may be requested by the officer
regardless of the result of the preliminary breath  screening
test if probable cause for an arrest exists.  The result of a
preliminary   breath  screening  test  may  be  used  by  the
defendant  as  evidence  in  any  administrative   or   court
proceeding involving a violation of Section 5-16.
(Source: P.A. 90-215, eff. 1-1-98.)

    (625 ILCS 45/6-1) (from Ch. 95 1/2, par. 316-1)
    Sec.   6-1.    Collisions,   accidents,  and  casualties;
reports.
    A.  The operator of a vessel  involved  in  a  collision,
accident, or other casualty, so far as he can without serious
danger  to  his  own  vessel, crew, passengers and guests, if
any, shall render to other persons affected by the collision,
accident, or other casualty assistance as may be  practicable
and  as  may  be  necessary  in  order  to  save them from or
minimize any danger caused by  the  collision,  accident,  or
other  casualty,  and  also shall give his name, address, and
identification of his vessel to any person injured and to the
owner of any property damaged in the collision, accident,  or
other casualty.
    B.  In the case of collision, accident, or other casualty
involving a vessel, the operator, if the collision, accident,
or  other  casualty results in death or injury to a person or
damage to property in excess of $500,  shall  file  with  the
Department  a full description of the collision, accident, or
other casualty, including information as the  Department  may
by regulation require. Reports of the accidents must be filed
with  the  Department  on  a  Department Accident Report form
within 5 days.
    C.  Reports of accidents resulting  in  personal  injury,
where  a  person  is  incapacitated for a period exceeding 72
hours, must be filed with  the  Department  on  a  Department
Accident  Report form within 5 days. Accidents that result in
loss of life  shall  be  reported  to  the  Department  on  a
Department form within 48 hours.
    D.  All   required   accident  reports  and  supplemental
reports are without prejudice to  the  individual  reporting,
and  are  for  the confidential use of the Department, except
that the Department may disclose the  identity  of  a  person
involved  in  an  accident when the identity is not otherwise
known or when the person denies his presence at the accident.
No report may be used as evidence  in  any  trial,  civil  or
criminal,  arising  out  of  an  accident,  except  that  the
Department  must furnish upon demand of any person who has or
claims to have made a report or upon demand of  any  court  a
certificate  showing  that a specified accident report has or
has not been  made  to  the  Department  solely  to  prove  a
compliance  or a failure to comply with the requirements that
a report be made to the Department.
    E.  (1)  Every coroner or medical examiner  shall  on  or
    before  the  10th  day of each month report in writing to
    the Department the circumstances surrounding the death of
    any person that has occurred as the result of  a  boating
    accident  within  the  examiner's jurisdiction during the
    preceding calendar month.
         (2)  Within 6 hours after a death resulting  from  a
    boating  accident, but in any case not more than 12 hours
    after the occurrence of the  boating  accident,  a  blood
    specimen  of  at  least 10 cc shall be withdrawn from the
    body of the decedent by the coroner or  medical  examiner
    or  by  a  qualified  person  at  the  direction  of  the
    physician. All morticians shall obtain a release from the
    coroner  or  medical  examiner  prior  to proceeding with
    embalming  any  body  coming  under  the  scope  of  this
    Section. The blood so  drawn  shall  be  forwarded  to  a
    laboratory  approved  by  the  Department of State Police
    Public Health for analysis of the  alcoholic  content  of
    the  blood  specimen.  The  coroner  or  medical examiner
    causing the blood to be withdrawn shall  be  notified  of
    the  results  of each analysis made and shall forward the
    results  of  each  analysis  to   the   Department.   The
    Department  shall keep a record of all examinations to be
    used  for  statistical  purposes  only.  The   cumulative
    results  of  the  examinations,  without  identifying the
    individuals involved,  shall  be  disseminated  and  made
    public by the Department.
(Source: P.A. 87-803.)

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